Harbors and Navigation (Harbors and Ports) Amendment Regulations 2024 (SA)

South Australia

Harbors and Navigation (Harbors and Ports) Amendment Regulations 2024

under the Harbors and Navigation Act 1993

Part 1Preliminary1Short title

These regulations may be cited as the Harbors and Navigation (Harbors and Ports) Amendment Regulations 2024.

2Commencement

These regulations come into operation on the day on which they are made.

Part 2Amendment of Harbors and Navigation Regulations 2023

3Amendment of regulation 6 – Exclusion of property from vesting in Minister

Regulation 6—after paragraph (f) insert:

1. (g)

   all wharves, docks, jetties and other structures in private ownership that are situated in a harbor or outside a harbor but on adjacent or subjacent land constructed after the commencement of the Act.

4Amendment of regulation 142 – Vessels excluded from vicinity of transhipment points in Spencer Gulf

1. (1)

   Regulation 142(1)—delete "or TP4" and substitute:

   , TP4, TP5 or TP6

2. (2)

   Regulation 142(4)—delete "or TP4" and substitute:

   , TP4, TP5 or TP6

3. (3)

   Regulation 142(5)—after the definition of TP4 insert:

   TP5 means a transhipment point in Spencer Gulf at, or in the vicinity of, latitude 33°48'00" South, longitude 137°3'00" East;

   TP6 means a transhipment point in Spencer Gulf at, or in the vicinity of, latitude 33°50′30" South, longitude 137°2'00" East;

5Amendment of Schedule 3 – Definition of harbor boundaries

Schedule 3—after the entries related to Klein Point insert:

Lucky Bay

The area bounded as follows:

commencing at a point (being the northernmost corner of the Lucky Bay Harbor) situated on the north‑eastern boundary of Allotment 1 in Deposited Plan 113465 being the back bearing of 299°14′40″ from the intersection of the western boundary of Lucky Bay Road and the southernmost corner of Piece 13 in Deposited Plan 94729 for a distance of 465 m, then south‑easterly on a bearing of 119°14′40″ for a distance of 465 m to the western boundary of Lucky Bay Road, then southerly on a bearing of 168°27′20″ along the western boundary of Lucky Bay Road and its production along an eastern boundary of Allotment 20 in Deposited Plan 115028 for a distance of 239.95 m, then southerly on a bearing of 195°57′50″ for a distance of 153.18 m, then easterly on a bearing of 88°06′00" for a distance of 30.66 m, then easterly on a bearing of 78°50′00" for a distance of 35 m, then easterly on a bearing of 100°46′00" for a distance of 3.25 m, then south‑easterly on a bearing of 150°10′30″ for a distance of 7.5 m, then south‑easterly on a bearing of 140°07′30″ for a distance of 44 m, then south‑easterly on a bearing of 120°29′30″ for a distance of 13 m, then south‑easterly on a bearing of 136°20′30″ for a distance of 27 m, then south‑easterly on a bearing of 150°45′30″ for a distance of 21 m, then north‑easterly on a bearing of 65°03′30″ for a distance of 15.02 m, then south‑easterly on a bearing of 152°42′10″ for a distance of approximately 86 m to the Medium High Water Mark, then easterly along the Medium High Water Mark to a point being the production southerly of the eastern boundary of Allotment 20 in Deposited Plan 42395 to the intersection of the said Medium High Water Mark, then south‑easterly along the Harbor Limit boundary to a point being at Longitude 137°4′40″ East and Latitude 33°43′47″ South, then southerly along the eastern Harbor Limit boundary to a point being at Longitude 137°3′29.30″ East and Latitude 33°52′10″ South, then westerly along the southern Harbor Limit boundary to a point being at Longitude 137°1′13.20″ East and Latitude 33°52′10″ South, then northerly along the western Harbor Limit boundary to a point on the Medium High Water Mark being the intersection of an arbitrary straight line from Longitude 137°1′13.20″ East and Latitude 33°52′10″ South to the southernmost corner of Allotment 5 in Deposited Plan 88637, then generally northerly along the Medium High Water Mark to the southernmost corner of Allotment 5 in Deposited Plan 88637, then north‑westerly on a bearing of 307°41′30″ for a distance of approximately 157.6 m, then south‑westerly on a bearing of 217°41′30″ for a distance of 265 m, then north‑westerly on a bearing of 296°20′00" for a distance of 254.08 m to the eastern boundary of Piece 21 in Deposited Plan 115028, then north‑easterly on a bearing of 43°01′40″ for a distance of 57.54 m, then north‑westerly on a bearing of 296°14′20″ to a point on a southern boundary of Allotment 20 in Deposited Plan 115028 being the intersection of an arbitrary straight line heading in a south‑westerly direction with an internal angle of 90° from the point of commencement to the said intersection, then north‑easterly from the said intersection back to the point of commencement.

6—Amendment of Schedule 4—Ports

1. (1)

   Schedule 4—after the entries relating to Klein Point insert:

   Lucky Bay

   The area bounded as follows:

   commencing at a point (being the northernmost corner of the Lucky Bay Harbor) situated on the north‑eastern boundary of Allotment 1 in Deposited Plan 113465 being the back bearing of 299°14′40″ from the intersection of the western boundary of Lucky Bay Road and the southernmost corner of Piece 13 in Deposited Plan 94729 for a distance of 465 m, then south‑easterly on a bearing of 119°14′40″ for a distance of 465 m to the western boundary of Lucky Bay Road, then southerly on a bearing of 168°27′20″ along the western boundary of Lucky Bay Road and its production along an eastern boundary of Allotment 20 in Deposited Plan 115028 for a distance of 239.95 m, then southerly on a bearing of 195°57′50″ for a distance of 153.18 m, then easterly on a bearing of 88°06′00" for a distance of 30.66 m, then easterly on a bearing of 78°50′00" for a distance of 35 m, then easterly on a bearing of 100°46′00" for a distance of 3.25 m, then south‑easterly on a bearing of 150°10′30″ for a distance of 7.5 m, then south‑easterly on a bearing of 140°07′30″ for a distance of 44 m, then south‑easterly on a bearing of 120°29′30″ for a distance of 13 m, then south‑easterly on a bearing of 136°20′30″ for a distance of 27 m, then south‑easterly on a bearing of 150°45′30″ for a distance of 21 m, then north‑easterly on a bearing of 65°03′30″ for a distance of 15.02 m, then south‑easterly on a bearing of 152°42′10″ for a distance of approximately 86 m to the Medium High Water Mark, then easterly along the Medium High Water Mark to a point being the production southerly of the eastern boundary of Allotment 20 in Deposited Plan 42395 to the intersection of the said Medium High Water Mark, then south‑easterly along the Harbor Limit boundary to a point being at Longitude 137°4′40″ East and Latitude 33°43′47″ South, then southerly along the eastern Harbor Limit boundary to a point being at Longitude 137°3′29.30″ East and Latitude 33°52′10″ South, then westerly along the southern Harbor Limit boundary to a point being at Longitude 137°1′13.20″ East and Latitude 33°52′10″ South, then northerly along the western Harbor Limit boundary to a point on the Medium High Water Mark being the intersection of an arbitrary straight line from Longitude 137°1′13.20″ East and Latitude 33°52′10″ South to the southernmost corner of Allotment 5 in Deposited Plan 88637, then generally northerly along the Medium High Water Mark to the southernmost corner of Allotment 5 in Deposited Plan 88637, then north‑westerly on a bearing of 307°41′30″ for a distance of approximately 157.6 m, then south‑westerly on a bearing of 217°41′30″ for a distance of 265 m, then north‑westerly on a bearing of 296°20′00" for a distance of 254.08 m to the eastern boundary of Piece 21 in Deposited Plan 115028, then north‑easterly on a bearing of 43°01′40″ for a distance of 57.54 m, then north‑westerly on a bearing of 296°14′20″ to a point on a southern boundary of Allotment 20 in Deposited Plan 115028 being the intersection of an arbitrary straight line heading in a south‑westerly direction with an internal angle of 90° from the point of commencement to the said intersection, then north‑easterly from the said intersection back to the point of commencement.

2. (2)

   Schedule 4, description of Port Adelaide, subclause (3), 14th dot point—delete "D28523" and substitute:

   DP 28523

3. (3)

   Schedule 4, description of Port Adelaide, subclause (3), 15th dot point—delete "D28523" first and second occurring and substitute in each case:

   DP 28523

Editorial note—

As required by section 10AA(2) of the Legislative Instruments Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor's Deputy

with the advice and consent of the Executive Council

on 18 July 2024

No 71 of 2024