Harbors and Navigation (Port Adelaide) Amendment Regulations 2023 (SA)

South Australia

Harbors and Navigation (Port Adelaide) Amendment Regulations 2023

under the Harbors and Navigation Act 1993

Contents

Part 1—Preliminary

1            Short title

2            Commencement

Part 2—Amendment of Harbors and Navigation Regulations 2009

3            Amendment of Schedule 3—Definition of harbor boundaries

4            Amendment of Schedule 4—Ports

Part 1—Preliminary

1—Short title

These regulations may be cited as the Harbors and Navigation (Port Adelaide) Amendment Regulations 2023.

2—Commencement

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

Part 2—Amendment of Harbors and Navigation Regulations 2009

3—Amendment of Schedule 3—Definition of harbor boundaries

1. Schedule 3, item relating to Port Adelaide, (a)—after subparagraph (vii) insert:

   (viii)on and after the prescribed day, the following parcels of land:

   •Allotment 708 of Deposited Plan No 123204

   •Allotment 807 of Deposited Plan No 128471;

2. Schedule 3, item relating to Port Adelaide—after its present contents as amended by this regulation (now to be designated as subclause (1)) insert:

   (2)In this clause—

   prescribed day means the day specified by the Minister by notice in the Gazette as the prescribed day.

4—Amendment of Schedule 4—Ports

1. Schedule 4, item relating to Port Adelaide—before subclause (1) insert:

   (a1)In this clause—

   prescribed day means the day specified by the Minister by notice in the Gazette as the prescribed day.

2. Schedule 4, item relating to Port Adelaide, subclause (1)—delete "The subjacent" and substitute:

   Before the prescribed day, the subjacent

3. Schedule 4, item relating to Port Adelaide, subclause (1)—delete "during the period commencing on the first variation day and ending on the day before the second variation day—the easement land."

4. Schedule 4, item relating to Port Adelaide, subclause (2)—delete subclause (2)

5. Schedule 4, item relating to Port Adelaide—after the map relating to Port Adelaide insert:

   (2)On and after the prescribed day, the subjacent land underlying, and adjacent land extending from, the waters, rivers, creeks and inlets to the high water mark bounded as follows:

   •commencing at Point Grey then due west along a line to its intersection with the western boundary of the harbor of Port Adelaide;

   •then generally south‑south‑easterly along the harbor boundary for 3 nautical miles;

   •then along a line due east to its intersection with the south‑westerly production of the Number 4 Leading Lights;

   •then generally north‑easterly along the production to its intersection with the high water mark on the southern face of the Southern Breakwater;

   •then generally north‑easterly along the high water mark to its intersection with the south‑western boundary of Section 694 Hundred of Port Adelaide;

   •then generally north‑westerly along that boundary of Section 694 Hundred of Port Adelaide to its intersection with the south-eastern boundary of easement E on FPX 43068;

   •then generally north‑easterly along that boundary of easement E on FPX 43068 to its intersection with the north‑western boundary of Section 694 Hundred of Port Adelaide;

   •then generally north‑westerly along that boundary of Section 694 Hundred of Port Adelaide across the Southern Breakwater to its intersection with the high water mark on the northern face of the Southern Breakwater;

   •then generally north‑easterly along the high water mark to the northern extremity of Number 4 berth;

   •then generally south‑easterly along the high water mark to its intersection with the production southerly of the high water mark on the western face of the breakwater at the Royal South Australian Yacht Squadron (RSAYS);

   •then generally north‑easterly along the production across the RSAYS Basin;

   •then generally north‑westerly and north‑easterly along the high water mark to Pelican Point;

   •then generally south‑easterly and southerly along the high water mark to its intersection with the northern boundary of Allotment 807 in DP 128471;

   •then generally easterly and southerly along the northern and eastern boundaries of Allotment 807 in DP 128471;

   •then generally southerly along the eastern boundaries of Allotment 708 in DP 123204 and Allotment 707 in DP76775 and westerly along the southern boundary of Allotment 707 in DP76775 to its intersection with the high water mark;

   •then generally southerly along the high water mark to the south eastern corner of Allotment 29 in DP 75708;

   •then generally southerly along a straight line connecting that corner of Allotment 29 in DP 75708 to the north-eastern corner of Allotment 70 in DP114457;

   •then generally south‑westerly and southerly along the high water mark to its intersection with a line across the Port Adelaide River perpendicular to the western boundary of Allotment 4 in DP73873 (face of Number 18 berth) and connecting the western side of the Port Adelaide River with the south western corner of Allotment 4 in DP73873;

   •then generally easterly along that perpendicular line across the Port Adelaide River to its intersection with the high water mark;

   •then generally northerly and north‑easterly along the high water mark, including Number 3 dock, to its intersection with the Wave Screen in North Arm;

   •then generally northerly along the western face of the Wave Screen and its northerly production to intersect with the high water mark on Torrens Island;

   •then generally northerly along the high water mark to the point of commencement at Point Grey.

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

with the advice and consent of the Executive Council

on 27 April 2023

No 27 of 2023