Harbors and Navigation (Port Adelaide) Amendment Regulations 2024 (SA)

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South Australia

Harbors and Navigation (Port Adelaide) Amendment Regulations 2024

under the Harbors and Navigation Act 1993

Part 1Preliminary1Short title

These regulations may be cited as the Harbors and Navigation (Port Adelaide) 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 Schedule 3 – Definition of harbor boundaries

Schedule 3, item relating to Port Adelaide—delete the item and substitute:

Port Adelaide

 
  1. (1)

    The following areas:

    1. (a)

      the subjacent land underlying, and the adjacent land extending from, the waters, rivers, creeks and inlets to the High Water Mark bounded as follows:

      1. (i)

        on the north by a line extending due west for 5 nautical miles from a point on the Low Water Mark being the north‑western corner of the Hundred of Port Adelaide (approximate latitude 34°40.42′S);

      2. (ii)

        on the south by a line extending due west for 5 nautical miles from a point on the Low Water Mark being the south‑western corner of the Hundred of Port Adelaide (approximate latitude 34°51.30′S);

      3. (iii)

        on the west by a line extending north‑north‑westerly and connecting the western extremities of the southern and northern boundaries;

    but excluding—

    1. (iv)

      the area bounded on the south by a line being the production west of the southern side of Section 1048, Hundred of Port Adelaide, and on the north by a line running east and west 1 nautical mile north of the Largs Bay Jetty, except for—

      1. (A)

        a strip of land 10 m wide on each side of the centreline of the Semaphore Jetty and extending easterly from the Low Water Mark to the eastern end of the approach to that jetty; and

      2. (B)

        a strip of land 10 m wide on each side of the centreline of the Largs Bay Jetty and extending easterly from the Low Water Mark to the eastern end of the approach to that jetty;

    2. (v)

      the area bounded on the south by a line running east and west 1 nautical mile north of the Largs Bay Jetty and on the north‑west by a line extending south‑westerly from the northern most corner of Section 389, Hundred of Port Adelaide, and at right angles to the north‑eastern boundary of Section 389;

    3. (vi)

      the area bounded as follows: commencing at a point on the northern boundary of the Hundred of Port Adelaide, being its intersection with the western edge of the mangroves along the eastern shore of Gulf St. Vincent, then southerly and generally south‑easterly along portion of that western edge to intersect the production south‑westerly of the north‑western boundary of the road north‑west of Section B, Hundred of Port Adelaide, then north‑easterly along that production and portion of boundary to the High Water Mark, then generally north‑westerly along that High Water Mark to that northern Hundred boundary, then generally westerly along portion of the latter boundary to the point of commencement;

    4. (vii)

      that portion of the subjacent land underlying, and the adjacent land extending from, Old Port Reach (including Port Adelaide Canal), Port Adelaide River, Out of Hundreds (Adelaide) to the High Water Mark bounded as follows:

      1. (A)

        on the north by a straight line between the bend on the eastern boundary of Section 661, Hundred of Port Adelaide, at corner 162°12′ and the bend on the western boundary of Section 7640, Hundred of Port Adelaide at corner 173°45′;

      2. (B)

        on the south by the southern boundary of the Hundred of Port Adelaide;

    5. (viii)

      the following parcels of land:

      • Allotment 708 of Deposited Plan No 123204

      • Allotment 807 of Deposited Plan No 128471;

    6. (ix)

      on and after the designated day—the following parcels of land:

      • Allotment 9 of Deposited Plan No 28523

      • Allotment 40 of Deposited Plan No 133651

      • Allotment 602 of Deposited Plan No 131998 to the extent it comprises subjacent land or adjacent land to the High Water Mark

      • Allotment 501 of Deposited Plan No 87145 to the extent it comprises subjacent land or adjacent land to the High Water Mark

      • Allotment 22 of Deposited Plan No 76309 to the extent it comprises subjacent land or adjacent land to the High Water Mark;

    1. (b)

      the whole of the land comprised in Certificates of Title Register Book—

      • Volume 1962 Folio 149

      • Volume 1974 Folio 153

      • Volume 1974 Folio 154

      • Volume 2436 Folio 64

      • Volume 2772 Folio 12

      • Volume 3009 Folio 131

      • Volume 4383 Folio 154

      • Volume 5086 Folio 57

      • Volume 5123 Folio 453

      • Volume 5128 Folio 416

      • Volume 5143 Folio 963

      • Volume 5179 Folio 216

      • Volume 5179 Folio 219

      • Volume 5179 Folio 223

      • Volume 5191 Folio 911

      • Volume 5202 Folio 446

      • Volume 5202 Folio 448

      • Volume 5202 Folio 451

      • Volume 5202 Folio 452

      • Volume 5211 Folio 177;

    2. (c)

      the following parcels of land:

      • Allotments 1, 2, 7, 9, 10 and 12 of Deposited Plan No 40901

      • Allotments 52, 55, 57 and 58 of Deposited Plan No 41580

      • Allotments 1, 2, 4, 5 and 6 of Deposited Plan No 41006

      • Allotments 1, 3, 4 and 7 of Deposited Plan No 41578

      • Allotments 101 and 102 of Deposited Plan No 39922

      • Allotment 2 of Deposited Plan No 31181

      • Allotments 54 and 55 of Deposited Plan No 41577.

  2. (2)

    In this clause—

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

4Amendment of Schedule 4 – Ports

Schedule 4, item relating to Port Adelaide—delete the item and substitute:

Port Adelaide

 
  1. (1)

    In this clause—

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

  1. (2)

    Before the designated 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 DP 76775 and westerly along the southern boundary of Allotment 707 in DP 76775 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 DP 114457;

    • 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 DP 73873 (face of Number 18 berth) and connecting the western side of the Port Adelaide River with the south‑western corner of Allotment 4 in DP 73873;

    • 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.

  2. (3)

    On and after the designated 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 along the High Water Mark to its intersection with the northern boundary of Allotment 40 in DP 133651;

    • then generally south‑easterly and southerly along the northern and eastern boundaries of Allotment 40 in DP 133651 and westerly along the southern boundary of Allotment 40 in DP 133651 to its intersection with the eastern boundary of Allotment 9 in D28523;

    • then generally southerly along the eastern boundary of Allotment 9 in D28523 and westerly along the southern boundary of Allotment 9 in D28523 and its production to its intersection with the High Water Mark;

    • then generally 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 DP 76775 and westerly along the southern boundary of Allotment 707 in DP 76775 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 DP 114457;

    • 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 DP 73873 (face of Number 18 berth) and connecting the western side of the Port Adelaide River with the south‑western corner of Allotment 4 in DP 73873;

    • 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 28 March 2024

No 17 of 2024

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