Harbors and Navigation (Control of Caulerpa Taxifolia) Regulations 2002 (SA)
South Australia
Harbors and Navigation (Control of Caulerpa Taxifolia) Regulations 2002
under the Harbors and Navigation Act 1993
Contents
1 Citation
3 Interpretation
3A Application of regulations
4 Restricted waters: section 27
5 Offences
Schedule 1—Restricted waters
Legislative history
1—Citation
These regulations may be cited as the Harbors and Navigation (Control of Caulerpa Taxifolia) Regulations 2002.
3—Interpretation
In these regulations—
Act means the Harbors and Navigation Act 1993.
3A—Application of regulations
These regulations are in addition to, and do not derogate from, any other law.
4—Restricted waters: section 27
The activities specified in an entry in Schedule 1 are prohibited in the waters described in that entry (restricted waters).
5—Offences
A person who, without the approval of the CEO, contravenes or fails to comply in restricted waters with a prohibition applying in the waters according to Schedule 1 is guilty of an offence (but it is a defence to a charge of such an offence for the defendant to prove that the defendant was taking part in a rescue operation or otherwise acting in an emergency).
Maximum penalty: $1 250.
Expiation fee: $160.
If a vessel is involved in the commission of an offence against subregulation (1), the owner of the vessel is also guilty of an offence (but it is a defence to a charge of such an offence for the owner to prove that the vessel was operated in the manner constituting the offence without the owner's consent).
Maximum penalty: $1 250.
Expiation fee: $160.
A prohibition applying in restricted waters according to Schedule 1 does not apply in relation to—
(a)if the restricted waters are within a port—the port operator, or a person authorised by the port operator, in carrying out activities necessary for the operation and maintenance of the port; or
(b)in any case—an authorised person in the exercise of powers under the Act or regulations under the Act.
A prohibition on mooring applying in restricted waters according to Schedule 1 does not apply to the mooring, for a period not exceeding 48 hours, of a vessel that has—
(a)a length not exceeding 15 metres; and
(b)a beam not exceeding 4.5 metres; and
(c)a draft not exceeding 1.5 metres,
at a mooring buoy designated by the Minister by notice in the Gazette provided that at least 1 person is aboard the vessel at all times while it is moored at such a buoy.
Schedule 1—Restricted waters
Note—
The map in this Schedule is provided for convenience of reference only.
| Waters | Prohibited activities |
| All waters of the Port River south of an east west line from Snapper Point to Torrens Island and all waters of the North Arm, Eastern Passage, Angas Inlet, Torrens Reach and Barker Inlet south of an east west line passing through Middleground Beacon. | The anchoring of a vessel in the waters. The mooring of a vessel in the waters at a mooring buoy designated by the Minister by notice in the Gazette. |
Legislative history
Notes
•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations
The Harbors and Navigation (Control of Caulerpa Taxifolia) Regulations 2002 were revoked by r 3 of the Harbors and Navigation (Control of Caulerpa Taxifolia) Revocation Regulations 2011 on 1.3.2011.
Principal regulations and variations
Year No Reference Commencement 2002 18 Gazette 8.4.2002 p1541 9.4.2002: r 2 2002 28 Gazette 9.5.2002 p1860 9.5.2002: r 2 2002 129 Gazette 20.6.2002 p2678 20.6.2002: r 2 2002 192 Gazette 3.10.2002 p3600 3.10.2002: r 2 2002 238 Gazette 19.12.2002 p4827 19.12.2002: r 2 2003 187 Gazette 28.8.2003 p3401 28.8.2003: r 2 2005 163 Gazette 7.7.2005 p2338 7.7.2005: r 2 2007 256 Gazette 15.11.2007 p4244 15.11.2007: r 2 Provisions varied
Entries that relate to provisions that have been deleted appear in italics.
Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 28.8.2003 r 3A inserted by 163/2005 r 4 7.7.2005 r 4 varied by 163/2005 r 5 7.7.2005 varied by 256/2007 r 4 15.11.2007 r 5 r 5(1) varied by 256/2007 r 5(1) 15.11.2007 r 5(3) substituted by 163/2005 r 6 7.7.2005 varied by 256/2007 r 5(1) 15.11.2007 r 5(4) inserted by 256/2007 r 5(2) 15.11.2007 Sch Item 1 varied by 28/2002 r 3 9.5.2002 varied by 129/2002 r 3 20.6.2002 varied by 192/2002 r 3 3.10.2002 varied by 238/2002 r 3 19.12.2002 varied by 187/2003 r 4 28.8.2003 deleted by 163/2005 r 7 7.7.2005 Sch 1 inserted by 163/2005 r 7 7.7.2005 varied by 256/2007r 6 15.11.2007 Historical versions
28.8.2003 7.7.2005
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