Harbors and Navigation Variation Regulations 2012 (SA)

South Australia

Harbors and Navigation Variation Regulations 2012

under the Harbors and Navigation Act 1993

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Harbors and Navigation Regulations 2009

4            Variation of Schedule 3—Definition of harbor boundaries

5            Variation of Schedule 4—Ports

6            Variation of Schedule 10—Speed restrictions in certain waters

Part 1—Preliminary

1—Short title

These regulations may be cited as the Harbors and Navigation Variation Regulations 2012.

2—Commencement

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

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Harbors and Navigation Regulations 2009

4—Variation of Schedule 3—Definition of harbor boundaries

1. Schedule 3, item relating to Port Adelaide, paragraph (a)(i) and (ii)—delete subparagraphs (i) and (ii) and substitute:

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

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

2. Schedule 3, item relating to Port Adelaide—delete "For the purposes of paragraph (a) of this item, the prescribed day is a day to be fixed by the Minister by notice in the Gazette."

5—Variation of Schedule 4—Ports

Schedule 4, item relating to Port Adelaide—delete "but excluding:

•before the prescribed day—Allotment 5 FP 102960; or

•on or after the prescribed day—

•Allotment 5 FP 102960; and

•Allotment 707 FP 50323; and

•that Portion of Allotment 33 Deposited Plan No 75708 which comprises the Marina Adelaide basin and the entrance to that basin and is bounded by a straight line across the opening to the entrance that is an extension of the high water mark on the western bank of the river.

For the purposes of this item, the prescribed day is a day to be fixed by the Minister by notice in the Gazette." and substitute:

but excluding:

•Allotment 5 FP 102960; and

•Allotment 707 FP 50323; and

•that Portion of Allotment 33 Deposited Plan No 75708 which comprises the Marina Adelaide basin and the entrance to that basin and is bounded by a straight line across the opening to the entrance that is an extension of the high water mark on the western bank of the river.

6—Variation of Schedule 10—Speed restrictions in certain waters

Schedule 10, clause 2—after paragraph (c) insert:

(ca)Mannum Waters Marina

All waters that are from time to time within the Mannum Waters Marina (being the marina comprising a development declared by the Minister under section 46(1) of the Development Act 1993 to be development to which that section applies);

Note—

The marina forms part of the Mannum Waters marina and residential development—see Gazette 31.03.2005 p719 for the declaration.

Note—

As required by section 10AA(2) of the Subordinate Legislation 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 January 2012

No 1 of 2012

MTR/11/094