{"id":"adelaide-dolphin-sanctuary-act-2005","name":"Adelaide Dolphin Sanctuary Act 2005","slug":"adelaide-dolphin-sanctuary-act-2005","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31402,"registerId":"sa-adelaide-dolphin-sanctuary-act-2005-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Adelaide Dolphin Sanctuary Act 2005","content":"South Australia\nAdelaide Dolphin Sanctuary Act 2005\nAn Act to establish a sanctuary to protect the dolphin population of the Port Adelaide River estuary and Barker Inlet and its natural habitat; to provide for the protection and enhancement of the Port Adelaide River estuary and Barker Inlet; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tInteraction with other Acts\n5\tRelated operational Acts\n6\tAct binds Crown\nPart 2—Objects of Act and statutory objectives\n7\tObjects\n8\tObjectives\n9\tAdministration of Act to achieve objects and objectives\nPart 3—Adelaide Dolphin Sanctuary\nDivision 1—Sanctuary\n10\tEstablishment of Adelaide Dolphin Sanctuary\nDivision 2—Adelaide Dolphin Sanctuary Management Plan\n11\tADS Management Plan\nDivision 3—Functions of Parks and Wilderness Council under this Act\n17\tFunctions of Parks and Wilderness Council under this Act\nDivision 4—Adelaide Dolphin Sanctuary Fund\n22\tADS Fund\n23\tAccounts\n24\tAudit\nPart 4—Administration\nDivision 1—Minister\n25\tFunctions and powers of Minister\n26\tAnnual report\n27\tPower of delegation\nDivision 2—Authorised officers\n28\tAppointment of authorised officers\n29\tPowers of authorised officers\n30\tHindering etc persons engaged in administration of Act\n31\tProtection from self-incrimination\nPart 5—General duty of care\n32\tGeneral duty of care\nPart 6—Protection and other orders\nDivision 1—Orders\n33\tProtection orders\n34\tAction on non-compliance with protection order\n35\tReparation orders\n36\tAction on non-compliance with a reparation order\n37\tReparation authorisations\n38\tRelated matters\nDivision 2—Registration of orders and effect of charges\n39\tRegistration\n40\tEffect of charge\nDivision 3—Appeals to ERD Court\n41\tAppeal\nPart 7—Provisions relating to official insignia\n42\tInterpretation\n43\tDeclaration of logo\n44\tProtection of official insignia\n45\tSeizure and forfeiture of goods\nPart 8—Miscellaneous\n46\tNative title\n47\tImmunity provision\n48\tContinuing offence\n49\tOffences by bodies corporate\n50\tGeneral defence\n51\tCriminal jurisdiction of ERD Court\n52\tConfidentiality\n53\tService\n54\tEvidentiary provision\n55\tRegulations\nSchedule 1—Adelaide Dolphin Sanctuary\n1\tAdelaide Dolphin Sanctuary\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Adelaide Dolphin Sanctuary Act 2005.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nactivity includes the storage or possession of anything (including something in liquid or gaseous form);\nADS Fund means the Adelaide Dolphin Sanctuary Fund established under Part 3 Division 4;\nADS Management Plan means the Adelaide Dolphin Sanctuary Management Plan adopted under Part 3 Division 2;\nassociate—see subsection (2);\nauthorised officer—see section 28;\nbusiness includes a business not carried on for profit or gain;\nbusiness day means any day except—\n\t(a)\ta Saturday, Sunday or public holiday; or\n\t(b)\ta day which falls between 25 December and 1 January in the following year;\ncouncil means a council within the meaning of the Local Government Act 1999;\ndomestic activity means an activity other than an activity undertaken in the course of a business;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nERD Court means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993;\ngeneral duty of care means the duty under section 32;\nimplementation program—see section 26(2)(c);\nParks and Wilderness Council means the Parks and Wilderness Council established under the National Parks and Wildlife Act 1972;\nplace includes any land, water, premises or structure;\npublic authority includes a Minister, statutory authority or council;\npublic notice means a notice published in a newspaper circulating generally throughout the State;\nrelated operational Act—see section 5;\nSanctuary means the Adelaide Dolphin Sanctuary established under section 10;\nspouse—a person is the spouse of another if they are legally married;\nstatutory authorisation means an approval, consent, licence, permit or other authorisation granted or required under a related operational Act;\nstatutory instrument means—\n\t(a)\ta plan, program or policy; or\n\t(b)\tany other instrument of a prescribed kind,\nprepared pursuant to the provisions of an Act;\nvehicle includes any—\n\t(a)\tvessel or craft;\n\t(b)\tplant or equipment designed to be moved or operated by a driver.\n\t(2)\tFor the purposes of this Act, a person is an associate of another if—\n\t(a)\tthey are partners; or\n\t(b)\tone is a spouse, domestic partner, parent or child of another; or\n\t(c)\tthey are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or\n\t(d)\tone is a body corporate or other entity (whether inside or outside Australia) and the other is a director or member of the governing body of the body corporate or other entity; or\n\t(e)\tone is a body corporate or other entity (whether inside or outside Australia) and the other is a person who has a legal or equitable interest in 5 per cent or more of the share capital of the body corporate or other entity; or\n\t(f)\tthey are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or\n\t(g)\ta chain of relationships can be traced between them under any one or more of the above paragraphs.\n\t(3)\tFor the purposes of subsection (2), a beneficiary of a trust includes an object of a discretionary trust.\n\t(4)\tA reference in this Act to the costs of any damage to the Sanctuary will be taken to include a reference to any costs associated with—\n\t(a)\tminimising, managing or containing any such damage; or\n\t(b)\tremedying any such damage; or\n\t(c)\taddressing any consequences resulting from any such damage; or\n\t(d)\tcompensating for any loss or adverse impacts arising from any such damage.\n\t(5)\tFor the purposes of this or any other Act, the Minister may, in assessing the costs or extent of any damage to the Sanctuary, apply any assumptions determined by the Minister to be reasonable in the circumstances.\n4—Interaction with other Acts\nExcept where the contrary intention is expressed in this or any other Act, this Act is in addition to and does not limit or derogate from the provisions of any other Act.\n5—Related operational Acts\nFor the purposes of this Act, the following are related operational Acts:\n\t(a)\tAquaculture Act 2001;\n\t(b)\tCoast Protection Act 1972;\n\t(c)\tDevelopment Act 1993;\n\t(d)\tEnvironment Protection Act 1993;\n\t(e)\tFisheries Act 1982;\n\t(f)\tHarbors and Navigation Act 1993;\n\t(g)\tHistoric Shipwrecks Act 1981;\n\t(h)\tMining Act 1971;\n\t(i)\tNational Parks and Wildlife Act 1972;\n\t(j)\tNative Vegetation Act 1991;\n\t(k)\tPetroleum Act 2000;\n\t(l)\tany other Act prescribed as a related operational Act by the regulations.\n6—Act binds Crown\n\t(1)\tThis Act binds the Crown in right of this State and also, so far as the legislative power of the State extends, the Crown in all its other capacities, but not so as to impose any criminal liability on the Crown.\n\t(2)\tWithout limiting or derogating from subsection (1), all agencies and instrumentalities of the Crown must endeavour, as far as practicable, to act consistently with the ADS Management Plan.\nPart 2—Objects of Act and statutory objectives\n7—Objects\nThe objects of this Act are—\n\t(a)\tto protect the dolphin population of the Port Adelaide River estuary and Barker Inlet; and\n\t(b)\tto protect the natural habitat of that population.\n8—Objectives\n\t(1)\tThe following objectives will apply in connection with the operation of this Act:\n\t(a)\tthe protection of the dolphin population of the Port Adelaide River estuary and Barker Inlet from direct physical harm is to be maintained and improved;\n\t(b)\tthe key habitat features in the Port Adelaide River estuary and Barker Inlet that are necessary to sustain the dolphin population are to be maintained, protected and restored;\n\t(c)\twater quality within the Port Adelaide River estuary and Barker Inlet should be improved to a level that sustains the ecological processes, environmental values and productive capacity of the Port Adelaide River estuary and Barker Inlet;\n\t(d)\tthe interests of the community are to be taken into account by recognising indigenous and other cultural, and historical, relationships with the Port Adelaide River estuary and Barker Inlet and surrounding areas, and by ensuring appropriate participation in processes associated with the management of the Port Adelaide River estuary and Barker Inlet;\n\t(e)\tpublic awareness of the importance of a healthy Port Adelaide River estuary and Barker Inlet to the economic, social and cultural prosperities of the local communities, and the community more generally, is to be promoted;\n\t(f)\tthe principles of ecological sustainable development in relation to the use and management of the Port Adelaide River estuary and Barker Inlet are to be promoted.\n\t(2)\tFor the purposes of subsection (1)(f), the following are declared to be principles of ecologically sustainable development:\n\t(a)\tthat the use, development and protection of the environment should be managed in a way, and at a rate, that will enable people and communities to provide for their economic, social and physical well-being and for their health and safety while—\n\t(i)\tsustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations; and\n\t(ii)\tsafeguarding the life-supporting capacity of air, water, land and ecosystems; and\n\t(iii)\tavoiding, remedying or mitigating any adverse effects of activities on the environment;\n\t(b)\tthat proper weight should be given to both long and short term economic, environmental, social and equity considerations in deciding all matters relating to environmental protection, restoration and enhancement;\n\t(c)\tthat, if there are threats of serious or irreversible environmental harm, lack of full scientific certainty should not be taken to justify the postponement of decisions or measures to prevent the environmental harm.\n9—Administration of Act to achieve objects and objectives\nThe Minister, the Parks and Wilderness Council, the ERD Court and other persons or bodies involved in the administration of this Act, and any other person or body required to consider the operation or application of this Act (whether acting under this Act or another Act), must act consistently with, and seek to further, the objects and objectives of this Act.\nPart 3—Adelaide Dolphin Sanctuary\nDivision 1—Sanctuary\n10—Establishment of Adelaide Dolphin Sanctuary\n\t(1)\tThe Adelaide Dolphin Sanctuary is established.\n\t(2)\tThe Sanctuary consists of the area defined in Schedule 1.\n\t(3)\tThe Governor may alter the boundaries of the Sanctuary by regulation.\n\t(4)\tA regulation made under subsection (3) cannot take effect unless and until it has been laid before both Houses of Parliament and—\n\t(a)\tno motion for disallowance of the regulation is moved within the time for such a motion; or\n\t(b)\tevery motion for disallowance of the regulation has been defeated or withdrawn, or has lapsed.\nDivision 2—Adelaide Dolphin Sanctuary Management Plan\n11—ADS Management Plan\n\t(1)\tThe Minister must, within 12 months after the commencement of this Act, prepare a plan to be called the Adelaide Dolphin Sanctuary Management Plan.\n\t(2)\tThe Plan must set out—\n\t(a)\tthe proposals of the Minister in relation to the management of the Sanctuary; and\n\t(b)\tthe priorities that the Minister will pursue in order to achieve the objects and objectives of this Act in relation to the Sanctuary.\n\t(3)\tThe Minister must review the Plan at least once in every 7 years.\n\t(4)\tThe Minister may amend the Plan at any time.\n\t(5)\tThe Minister must, in relation to any proposal to create or amend the Plan—\n\t(a)\tprepare a draft of the proposal; and\n\t(b)\tseek the views of the Parks and Wilderness Council, all relevant Ministers and prescribed bodies in relation to the proposal; and\n\t(c)\tby public notice, give notice of the place or places at which copies of the draft are available for inspection (without charge) and purchase and invite interested persons to make written representations on the proposal within the period specified in the notice.\n\t(6)\tThe Minister must make copies of all representations made by members of the public in response to a notice under subsection (5)(c) available for public inspection or purchase (except in the case of a representation that was made in confidence) and for that purpose the Minister must, by public notice, give notice of the place or places at which the copies are available.\n\t(7)\tBefore adopting the Plan or an amendment to the Plan, the Minister must—\n\t(a)\thave regard to any views expressed by the Parks and Wilderness Council, relevant Ministers and prescribed bodies in relation to the proposal; and\n\t(b)\tconsider all representations made by members of the public in response to a notice under subsection (5)(c),\nand the Minister may make such alterations to the draft as the Minister thinks necessary or desirable.\n\t(8)\tThe Plan, and any amendment to the Plan, have no force or effect until adopted by the Minister.\n\t(9)\tThe Minister must—\n\t(a)\tmake reasonable provision for the publication of the Plan; and\n\t(b)\tensure that copies of the Plan are reasonably available for inspection (without charge) and purchase by the public at a place or places determined by the Minister; and\n\t(c)\tensure that public notice is given of any amendment to the Plan within a reasonable time after the amendment is made.\n\t(10)\tThe Plan is an expression of policy and does not in itself affect rights or liabilities (whether of a substantive, procedural or other nature).\n\t(11)\tA failure of the Minister to comply with a requirement of this section cannot be taken to affect the validity of the Plan.\n\t(12)\tIn this section—\nrelevant Minister means a Minister responsible for the administration of a related operational Act.\nDivision 3—Functions of Parks and Wilderness Council under this Act\n17—Functions of Parks and Wilderness Council under this Act\nThe function of the Parks and Wilderness Council is to advise the Minister on—\n\t(a)\tthe preparation of the ADS Management Plan and any amendments to the Plan; and\n\t(b)\tthe effectiveness of the ADS Management Plan in achieving the objects and objectives of this Act; and\n\t(c)\tthe effectiveness of the implementation program; and\n\t(d)\tthe application of money belonging to the ADS Fund; and\n\t(e)\tany matter referred to the Parks and Wilderness Council by the Minister; and\n\t(f)\tany matter connected with the administration of this Act on which the Parks and Wilderness Council believes it should advise the Minister.\nDivision 4—Adelaide Dolphin Sanctuary Fund\n22—ADS Fund\n\t(1)\tThere will be a fund kept in a separate account at the Treasury to be called the Adelaide Dolphin Sanctuary Fund.\n\t(2)\tThe ADS Fund will consist of—\n\t(a)\tany money provided by Parliament for the purposes of the fund; and\n\t(b)\tany money provided by the Government of the Commonwealth for the purposes of the fund; and\n\t(c)\tgrants, gifts and bequests made to the Minister for payment into the fund; and\n\t(d)\tproceeds from sales by the Minister under section 45; and\n\t(e)\tany income arising from the investment of the fund under subsection (3); and\n\t(f)\tall other money that is required or authorised by or under this Act or any other law to be paid into the fund.\n\t(3)\tAny money in the ADS Fund that is not for the time being required for the purposes of this Act may be invested by the Minister after consultation with the Treasurer.\n\t(4)\tThe Minister may apply any part of the ADS Fund—\n\t(a)\tfor any purpose to further the objects or objectives of this Act; and\n\t(b)\tin payment of the expenses of administering the fund.\n\t(5)\tThe Minister must, before applying money belonging to the fund in furtherance of the objects and objectives of this Act, have regard to any advice provided by the Parks and Wilderness Council in relation to the matter.\n23—Accounts\nThe Minister must cause proper accounts to be kept in relation to the ADS Fund.\n24—Audit\nThe Auditor-General may at any time, and must at least once in each year, audit the accounts of the ADS Fund.\nPart 4—Administration\nDivision 1—Minister\n25—Functions and powers of Minister\n\t(1)\tThe Minister has the following functions under this Act:\n\t(a)\tto prepare and keep under review the ADS Management Plan;\n\t(b)\tto provide advice with respect to the approval of activities proposed to be undertaken within the Sanctuary or that may have a direct impact on the Sanctuary;\n\t(c)\tto consult with relevant persons, bodies or authorities, including indigenous peoples with an association with the Sanctuary, about the goals or outcomes that should be adopted or pursued in order to achieve or advance the objects and objectives of this Act;\n\t(d)\tas far as reasonably practicable and appropriate, to act to integrate the administration of this Act with the administration of other legislation that may affect the Sanctuary;\n\t(e)\tto institute, supervise or promote programs to protect, maintain or improve the Sanctuary;\n\t(f)\tto promote the undertaking of monitoring and research programs to collect data on the state of the Sanctuary and other relevant information, and to assess and apply other information relevant to the Sanctuary obtained from other programs or sources;\n\t(g)\tto promote public awareness of the importance of a healthy Port Adelaide River estuary and Barker Inlet;\n\t(h)\tto conduct or promote public education in relation to the protection, improvement or enhancement of the Sanctuary;\n\t(i)\tto keep the state of the Sanctuary under review;\n\t(j)\tto undertake the enforcement of the general duty of care;\n\t(k)\tsuch other functions as are assigned to the Minister by or under this or any other Act.\n\t(2)\tThe administration of—\n\t(a)\tthis Act; and\n\t(b)\tthe Coast Protection Act 1972,\nmust be committed to the same Minister.\n\t(3)\tThe Minister has the power to do anything necessary, expedient or incidental to—\n\t(a)\tperforming the functions of the Minister under this Act; or\n\t(b)\tadministering this Act; or\n\t(c)\tfurthering the objects and objectives of this Act.\n26—Annual report\n\t(1)\tThe Minister must on or before 30 September in each year prepare a report on the operation of this Act for the financial year ending on the preceding 30 June.\n\t(2)\tThe annual report must include—\n\t(a)\tinformation on the extent to which the objects and objectives of this Act are being achieved; and\n\t(b)\treports on the following matters for the preceding financial year:\n\t(i)\tthe referral of matters to the Minister under any related operational Act; and\n\t(ii)\tthe enforcement of the general duty of care; and\n\t(iii)\taction taken by the Minister or authorised officers under Part 6; and\n\t(c)\ta program setting out the Minister's proposals for the implementation of the ADS Management Plan during the current financial year.\n\t(3)\tThe Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after the report is prepared.\n27—Power of delegation\n\t(1)\tMinister may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this Act.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the Minister to act in any matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\nDivision 2—Authorised officers\n28—Appointment of authorised officers\n\t(1)\tThe Minister may appoint persons to be authorised officers for the purposes of this Act.\n\t(2)\tEach police officer is an authorised officer for the purposes of this Act.\n\t(3)\tAn appointment under subsection (1) may be made subject to conditions or limitations specified in the instrument of appointment.\n\t(4)\tAn authorised officer appointed under subsection (1) must be issued with an identity card—\n\t(a)\tcontaining the person’s name and a photograph of the person; and\n\t(b)\tstating that the person is an authorised officer for the purposes of this Act; and\n\t(c)\tstating any limitations on the authorised officer’s authority.\n\t(5)\tAn authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise any powers under this Act, produce for the inspection of the person his or her identity card.\n\t(6)\tIf a person in possession of an identity card issued to the person under this section ceases to be an authorised officer, the person must forthwith return the identity card to the Minister.\nMaximum penalty: $250.\n29—Powers of authorised officers\n\t(1)\tAn authorised officer may, as may reasonably be required in connection with the administration, operation or enforcement of this Act—\n\t(a)\tenter any place;\n\t(b)\tinspect any place, including the stratum lying below the surface of any land, and water on or under any land, and inspect any works, plant or equipment;\n\t(c)\tenter and inspect any vehicle and for that purpose require a vehicle to stop, or to be presented for inspection at a place and time specified by the authorised officer, and board any vessel or craft;\n\t(d)\tgive directions with respect to the stopping or movement of a vehicle, plant, equipment or other thing;\n\t(e)\trequire a person apparently in charge of a vessel or craft to facilitate any boarding;\n\t(f)\ttake measurements, including measurements of the flow of any water on or under any land or relating to any change in any aspect of the environment;\n\t(g)\tplace any markers, pegs or other items or equipment in order to assist in environmental testing or monitoring;\n\t(h)\ttake samples of any substance or thing from any place (including under any land), or vehicle, for analysis;\n\t(i)\twith the authority of a warrant issued by a magistrate, require any person to produce specified documents or documents of a specified kind, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process;\n\t(j)\texamine, copy or take extracts from a document or information so produced or require a person to provide a copy of any such document or information;\n\t(k)\ttake photographs, films, audio, video or other recordings;\n\t(l)\texamine or test any vehicle, plant, equipment, fitting or other thing, or cause or require it to be so examined or tested, or seize it or require its production for such examination or testing;\n\t(m)\tseize and retain anything that the authorised officer reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act;\n\t(n)\trequire a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state the person’s full name and usual place of residence and to produce evidence of the person’s identity;\n\t(o)\trequire a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration, operation or enforcement of this Act to answer questions in relation to those matters;\n\t(p)\tgive directions reasonably required in connection with the exercise of a power conferred by any of the above paragraphs or otherwise in connection with the administration, operation or enforcement of this Act;\n\t(q)\texercise other prescribed powers.\n\t(2)\tAn authorised officer must not exercise a power conferred by subsection (1) in respect of residential premises (but such a power may be exercised in respect of any vessel or craft).\n\t(3)\tAn authorised officer in exercising powers under this section may be accompanied by such assistants as are reasonably required in the circumstances.\n\t(4)\tAn authorised officer may, on the authority of a warrant issued by a magistrate, use force to enter any place or vehicle.\n\t(5)\tA magistrate must not issue a warrant under subsection (4) unless satisfied that there are reasonable grounds to believe—\n\t(a)\tthat a contravention of this Act has been, is being, or is about to be, committed in or on a place or vehicle; or\n\t(b)\tthat something may be found in or on a place or vehicle that has been used in, or constitutes evidence of, a contravention of this Act; or\n\t(c)\tthat the circumstances require immediate action.\n\t(6)\tAn application for the issue of a warrant under this section—\n\t(a)\tmay be made either personally or by telephone; and\n\t(b)\tmust be made in accordance with any procedures prescribed by the regulations.\n\t(7)\tIf an authorised officer digs up any land under subsection (1), the authorised officer must, after taking such steps as the authorised officer thinks fit in the exercise of powers under that subsection, insofar as is reasonably practicable, take steps to ensure that the land is restored to such state as is reasonable in the circumstances.\n\t(8)\tAn authorised officer must, in taking any action under this section, have regard to any request made by any indigenous peoples with an association with the Port Adelaide River estuary and Barker Inlet that the authorised officer (or authorised officers generally) not enter a specified area.\n\t(9)\tAn authorised officer must, before exercising powers under this section in relation to a person, insofar as is reasonably practicable, provide to the person a copy of an information sheet that sets out information about the source and extent of the authorised officer's powers under this section, and about the action that may be taken against the person if he or she fails to comply with a requirement or direction of an authorised officer under this section.\n\t(10)\tFor the purposes of subsection (9), an information sheet is a document approved by the Minister for the purposes of that subsection.\n30—Hindering etc persons engaged in administration of Act\n\t(1)\tA person who—\n\t(a)\twithout reasonable excuse hinders or obstructs an authorised officer or other person engaged in the administration of this Act; or\n\t(b)\tfails to answer a question put by an authorised officer to the best of his or her knowledge, information or belief; or\n\t(c)\tproduces a document or record that he or she knows, or ought to know, is false or misleading in a material particular; or\n\t(d)\tfails without reasonable excuse to comply with a requirement or direction of an authorised officer under this Act; or\n\t(e)\tuses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or\n\t(f)\tfalsely represents, by words or conduct, that he or she is an authorised officer,\nis guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of an offence against paragraph (a) or (e)—$5 000;\n\t(b)\tin any other case—$10 000.\n\t(2)\tA person (other than an authorised officer) who, without the permission of the Minister, removes, destroys or interferes with any marker, peg or other item or equipment placed under section 29(1)(g) is guilty of an offence.\nMaximum penalty: $5 000.\n31—Protection from self-incrimination\nA person is not obliged to answer a question or to produce a document or record as required under this Part if to do so might tend to incriminate the person or make the person liable to a penalty.\nPart 5—General duty of care\n32—General duty of care\n\t(1)\tA person must take all reasonable measures to prevent or minimise any harm to the Sanctuary through his or her actions or activities.\n\t(2)\tFor the purposes of subsection (1)—\n\t(a)\tharm includes—\n\t(i)\ta risk of harm, and future harm; and\n\t(ii)\tanything declared by regulation to be harm to the Sanctuary; and\n\t(b)\tharm need not be permanent but must be more than transient or tenuous in nature; and\n\t(c)\tin determining what measures are required to be taken, regard must be had, amongst other things, to—\n\t(i)\tthe nature of the harm; and\n\t(ii)\tthe sensitivity of the environment that may be affected and the potential impact of the harm environmentally, socially and economically; and\n\t(iii)\tthe practicality and financial implications of any alternative action, and the current state of technical and scientific knowledge; and\n\t(iv)\tany degrees of risk that may be involved; and\n\t(v)\tthe significance of the Sanctuary to the State and to the environment and economy of the State; and\n\t(vi)\tthe extent to which an act or activity may have a cumulative effect on the Sanctuary; and\n\t(vii)\tinsofar as is reasonably practicable and relevant, any assessment of potential harm to the Sanctuary as a result of the relevant action or activity undertaken before a statutory authorisation (if any) was granted under a related operational Act, and the extent to which any such harm was intended to be prevented or minimised through the attachment of conditions to a statutory authorisation (if any) under a related operational Act.\n\t(3)\tA person will be taken not to be in breach of subsection (1) if the person is acting in circumstances prescribed by the regulations.\n\t(4)\tA person who breaches the duty created by subsection (1) is not, on account of the breach alone, guilty of an offence but—\n\t(a)\tcompliance with the duty may be enforced by the issuing of a protection order under Part 6; and\n\t(b)\ta reparation order or reparation authorisation may be issued under that Part in respect of the breach of the duty.\nPart 6—Protection and other orders\nDivision 1—Orders\n33—Protection orders\n\t(1)\tThe Minister may issue a protection order under this Division for the purpose of securing compliance with the general duty of care.\n\t(2)\tA protection order—\n\t(a)\tmust be in the form of a written notice served on the person to whom the notice is issued;\n\t(b)\tmust specify the person to whom it is issued (whether by name or a description sufficient to identify the person);\n\t(c)\tmust state the grounds on which it is made with reasonable particularity;\n\t(d)\tmay impose any requirement reasonably required for the purpose for which the order is issued including one or more of the following:\n\t(i)\ta requirement that the person discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from the Minister;\n\t(ii)\ta requirement that the person not carry on a specified activity except at specified times or subject to specified conditions;\n\t(iii)\ta requirement that the person take specified action in a specified way, and within a specified period;\n\t(e)\tmust state that the person may, within 14 days, appeal to the ERD Court against the order.\n\t(3)\tAn authorised officer may, if of the opinion that urgent action is required for the protection of the Sanctuary, issue an emergency protection order imposing requirements of a kind referred to in subsection (2)(d) as reasonably required for the protection of the Sanctuary.\n\t(4)\tAn emergency protection order may be issued orally but, in that event, the person to whom the order is issued must be advised forthwith of the person’s right to appeal to the ERD Court against the order.\n\t(5)\tIf an emergency protection order is issued orally, the authorised officer who issued it must confirm it in writing at the earliest opportunity (and in any event within 2 business days) by written notice given to the person to whom it applies.\n\t(6)\tIf an emergency protection order is issued, the order will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a written protection order issued by the Minister and served on the relevant person.\n\t(7)\tThe Minister may, by written notice served on a person to whom a protection order has been issued, vary or revoke the order.\n\t(8)\tA person to whom a protection order is issued must comply with the order.\nMaximum penalty: \n\t(a)\tif the order was issued in relation to a domestic activity for the purpose of securing  compliance with the general duty of care—$2 500;\n\t(b)\tin any other case—$120 000.\nExpiation fee: \n\t(a)\tif the order was issued in relation to a domestic activity for the purpose of securing compliance with the general duty of care—$250;\n\t(b)\tin any other case—$500.\n\t(9)\tA person must not hinder or obstruct a person complying with a protection order.\nMaximum penalty: $10  000.\n34—Action on non-compliance with protection order\n\t(1)\tIf the requirements of a protection order are not complied with, the Minister may take any action required by the order.\n\t(2)\tAction to be taken by the Minister under subsection (1) may be taken on the Minister’s behalf by an authorised officer or another person authorised by the Minister for the purpose.\n\t(3)\tA person taking action under this section may enter any relevant place or vehicle at any reasonable time.\n\t(4)\tThe reasonable costs and expenses incurred by the Minister in taking action under this section may be recovered by the Minister as a debt from the person who failed to comply with the requirements of the protection order.\n\t(5)\tIf an amount is recoverable from a person by the Minister under this section—\n\t(a)\tthe Minister may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and\n\t(b)\tthe amount together with any interest charge so payable is until paid a charge in favour of the Minister on any land owned by the person in relation to which the protection order is registered under Division 2.\n35—Reparation orders\n\t(1)\tIf the Minister is satisfied that a person has caused harm to the Sanctuary by contravention of—\n\t(a)\tthe general duty of care; or\n\t(b)\ta condition of a statutory authorisation that relates to an activity carried out within the Sanctuary,\nthe Minister may issue a reparation order requiring the person—\n\t(c)\tto take specified action within a specified period to make good any resulting damage to the Sanctuary; or\n\t(d)\tto make a payment or payments into an approved account to enable action to be taken to address any resulting damage to the Sanctuary,\nor both.\n\t(2)\tA reparation order—\n\t(a)\tmust be in the form of a written notice served on the person to whom it is issued;\n\t(b)\tmust specify the person to whom it is issued (whether by name or a description sufficient to identify the person);\n\t(c)\tmust state the grounds on which it is made with reasonable particularity;\n\t(d)\tmay include requirements for action to be taken to prevent or mitigate further harm to the Sanctuary, or for a plan of action to be prepared to the satisfaction of the Minister;\n\t(e)\tmay include requirements for specified tests or monitoring;\n\t(f)\tmay include requirements for furnishing to the Minister specified results or reports;\n\t(g)\tmay include requirements that the person to whom it is issued appoint or engage a person with specified qualifications to prepare a plan or report or to undertake tests or monitoring required by the order;\n\t(h)\tin the case of an order requiring payment into an approved account, may provide that payments must occur in accordance with a scheme specified by the Minister (either at the time of the making of the order or at a later time when the extent or impact of any action has been assessed or finally determined);\n\t(i)\tmust state that the person may, within 14 days, appeal to the ERD Court against the order.\n\t(3)\tAn authorised officer may, if of the opinion that urgent action is required to prevent or mitigate further harm, issue an emergency reparation order containing requirements of a kind referred to in subsection (2), other than a requirement for payment into an approved account.\n\t(4)\tAn emergency reparation order may be issued orally, but, in that event, the person to whom it is issued must be advised forthwith of the person's right to appeal to the ERD Court against the order.\n\t(5)\tIf an emergency reparation order is issued orally, the authorised officer who issued it must confirm it in writing at the earliest opportunity (and in any event within 2 business days) by written notice given to the person to whom it applies.\n\t(6)\tIf an emergency reparation order is issued, the order will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a written reparation order issued by the Minister and served on the relevant person.\n\t(7)\tThe Minister or an authorised officer may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in an emergency or other reparation order a requirement for an act or omission that might otherwise constitute a contravention of this Act and, in that event, a person incurs no criminal liability under this Act for compliance with the requirement.\n\t(8)\tThe Minister may, by written notice served on a person to whom a reparation order has been issued, vary or revoke the order.\n\t(9)\tA person to whom a reparation order is issued must comply with the order.\nMaximum penalty: $50 000.\n36—Action on non-compliance with a reparation order\n\t(1)\tIf the requirements of a reparation order are not complied with, the Minister may take any action required by the order.\n\t(2)\tAction taken by the Minister under subsection (1) may be taken on the Minister's behalf by an authorised officer or another person authorised by the Minister for the purpose.\n\t(3)\tA person taking action under this section may enter any relevant place or vehicle at any reasonable time.\n\t(4)\tThe reasonable costs and expenses incurred by the Minister in taking action under this section may be recovered by the Minister as a debt from the person who failed to comply with the requirements of the reparation order.\n\t(5)\tIf an amount is recoverable from a person by the Minister under this section—\n\t(a)\tthe Minister may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and\n\t(b)\tthe amount together with any interest charge so payable is until paid a charge in favour of the Minister on any land owned by the person in relation to which the reparation order is registered under Division 2.\n37—Reparation authorisations\n\t(1)\tIf the Minister is satisfied that a person has caused harm to the Sanctuary by contravention of—\n\t(a)\tthe general duty of care; or\n\t(b)\ta condition of a statutory authorisation that relates to an activity carried out within the Sanctuary,\nthe Minister may (whether or not a reparation order has been issued to the person) issue a reparation authorisation under which authorised officers or other persons authorised by the Minister for the purpose may take specified action on the Minister's behalf to make good any resulting damage to the Sanctuary.\n\t(2)\tA reparation authorisation—\n\t(a)\tmust be in the form of a written notice;\n\t(b)\tmust specify the person alleged to have caused the harm (whether by name or a description sufficient to identify the person);\n\t(c)\tmust state the grounds on which it is made with reasonable particularity;\n\t(d)\tmay include authorisation for action to be taken to prevent or mitigate further harm to the Sanctuary.\n\t(3)\tThe Minister must, as soon as practicable after issuing a reparation authorisation, serve a copy of the authorisation on the person alleged to have caused the harm.\n\t(4)\tThe Minister may, by notice in writing, vary or revoke a reparation authorisation and must, as soon as practicable after doing so, serve a copy of the notice on the person alleged to have caused the harm.\n\t(5)\tIf a person other than an authorised officer is authorised to take action under subsection (1), the following provisions apply:\n\t(a)\tthe Minister must issue the person with an instrument of authority;\n\t(b)\tthe person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection;\n\t(c)\tthe provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer;\n\t(d)\tthe person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer.\n\t(6)\tA person taking action under a reparation authorisation may enter any relevant place or vehicle at any reasonable time.\n\t(7)\tThe reasonable costs and expenses incurred by the Minister in taking action under a reparation authorisation may be recovered by the Minister as a debt from the person who caused the relevant harm.\n\t(8)\tIf an amount is recoverable from a person by the Minister under this section—\n\t(a)\tthe Minister may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and\n\t(b)\tthe amount together with any interest charge so payable is until paid a charge in favour of the Minister on any land owned by the person in relation to which the reparation authorisation is registered under Division 2.\n38—Related matters\n\t(1)\tThe Minister should, so far as is reasonably practicable, consult with any other public authority that may also have power to act with respect to the particular matter before the Minister issues a protection order, reparation order or reparation authorisation under this Division.\n\t(2)\tSubsection (1) does not apply—\n\t(a)\twhere action is being taken under this Act as a matter of urgency; or\n\t(b)\tin any other circumstance of a prescribed kind.\n\t(3)\tA person cannot claim compensation from—\n\t(a)\tthe Minister or the Crown; or\n\t(b)\tan authorised officer; or\n\t(c)\ta person acting under the authority of the Minister or an authorised officer,\nin respect of a requirement imposed under this Division, or on account of any act or omission undertaken or made in the exercise (or purported exercise) of a power under this Division.\nDivision 2—Registration of orders and effect of charges\n39—Registration\n\t(1)\tIf—\n\t(a)\tthe Minister issues an order or authorisation under Division 1; and\n\t(b)\tthe order or authorisation is issued in relation to an activity carried out on land, or requires a person to take action on or in relation to land,\nthe Minister may apply to the Registrar-General for the registration of the order or authorisation in relation to that land.\n\t(2)\tAn application under this section must—\n\t(a)\tdefine the land to which it relates; and\n\t(b)\tcomply with any requirement imposed by the Registrar-General for the purposes of this section.\n\t(3)\tThe Registrar-General must on—\n\t(a)\tdue application under subsection (2); and\n\t(b)\tlodgement of a copy of the relevant order or authorisation,\nregister the order or authorisation in relation to the land by making such entries in any register book, memorial or other book or record in the Lands Titles Registration Office or in the General Registry Office as the Registrar-General thinks fit.\n\t(4)\tAn order or authorisation registered under this section is binding on each owner and occupier from time to time of the land.\n\t(5)\tThe Registrar-General must, on application by the Minister, cancel the registration of an order or authorisation in relation to land and make such endorsements to that effect in the appropriate register book, memorial or other book or record in respect of the land as the Registrar-General thinks fit.\n\t(6)\tThe Minister may, if the Minister thinks fit, apply to the Registrar-General for cancellation of the registration of an order or authorisation under this section in relation to land, and must do so—\n\t(a)\ton revocation of the order or authorisation; or\n\t(b)\tin relation to—\n\t(i)\tan order—\n\t(A)\ton full compliance with the requirements of the order;\n\t(B)\tif the Minister has taken action under Division 1 to carry out the requirements of the order—on payment to the Minister of any amount recoverable by the Minister under that Division in relation to the action so taken; or\n\t(ii)\tan authorisation—on payment to the Minister of any amount recoverable by the Minister under Division 1 in relation to the action taken in pursuance of the authorisation.\n40—Effect of charge\nA charge imposed on land under Division 1 has priority over—\n\t(a)\tany prior charge on the land (whether or not registered) that operates in favour of a person who is an associate of the owner of the land; and\n\t(b)\tany other charge on the land other than a charge registered prior to registration under this Division of the relevant order or authorisation in relation to the land.\nDivision 3—Appeals to ERD Court\n41—Appeal\n\t(1)\tA person to whom a protection order or reparation order has been issued under Division 1 may appeal to the ERD Court against the order or any variation of the order.\n\t(2)\tAn appeal must be made in a manner and form determined by the Court, setting out the grounds of the appeal.\n\t(3)\tSubject to this section, an appeal must be made within 21 days after the order is issued or the variation is made.\n\t(4)\tThe Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that an appeal be made within the period fixed by subsection (3).\n\t(5)\tUnless otherwise determined by the Court, an appeal must be referred in the first instance to a conference under section 16 of the Environment, Resources and Development Court Act 1993 (and the provisions of that Act will then apply in relation to that appeal).\n\t(6)\tSubject to subsection (7), the institution of an appeal does not affect the operation of the order to which the appeal relates or prevent the taking of action to implement the order.\n\t(7)\tThe Court may, on application by a party to an appeal, make an order staying or otherwise affecting the operation or implementation of the whole or a part of an order if the Court is satisfied that it is appropriate to do so having regard to—\n\t(a)\tthe possible consequences to the Sanctuary and the interests of any persons who may be affected by the appeal; and\n\t(b)\tthe need to secure the effectiveness of the hearing and determination of the appeal.\n\t(8)\tAn order under subsection (7)—\n\t(a)\tmay be varied or revoked by the Court by further order;\n\t(b)\tis subject to such conditions as are specified in the order;\n\t(c)\thas effect until—\n\t(i)\tthe end of the period of operation (if any) specified in the order; or\n\t(ii)\tthe decision of the Court on the appeal comes into operation,\nwhichever is the earlier.\n\t(9)\tThe Court must not make an order under subsection (7) unless each party to the appeal has been given a reasonable opportunity to make submissions in relation to the matter.\n\t(10)\tThe Court may, on hearing an appeal under this section—\n\t(a)\tconfirm, vary or revoke the order appealed against;\n\t(b)\torder or direct a person or body to take such action as the Court thinks fit, or to refrain (either temporarily or permanently) from such action or activity as the Court thinks fit;\n\t(c)\tmake any consequential or ancillary order or direction, or impose any condition, that it considers necessary or expedient.\nPart 7—Provisions relating to official insignia\n42—Interpretation\n\t(1)\tIn this Part—\nofficial insignia means—\n\t(a)\ta design declared by the Minister to be a logo for the purposes of this Part; or\n\t(b)\tthe name “Adelaide Dolphin Sanctuary”, whether appearing or used in full or in an abbreviated form; or\n\t(c)\ta combination of a logo under paragraph (a) and that name.\n\t(2)\tFor the purposes of this Part, goods will be taken to be marked with official insignia if the insignia is affixed or annexed to, marked on, or incorporated in or with—\n\t(a)\tthe goods; or\n\t(b)\tany covering or container in which the goods are wholly or partly enclosed; or\n\t(c)\tanything placed in or attached to any such covering or container; or\n\t(d)\tanything that is attached to the goods or around which the goods are wrapped or wound.\n43—Declaration of logo\nThe Minister may, by notice in the Gazette—\n\t(a)\tdeclare a design to be a logo for the purposes of this Part; or\n\t(b)\tvary or revoke a declaration under paragraph (a).\n44—Protection of official insignia\n\t(1)\tThe Crown has a proprietary interest in all official insignia.\n\t(2)\tA person must not, without the consent of the Minister, in the course of a trade or business—\n\t(a)\tsell goods marked with official insignia; or\n\t(b)\tuse official insignia for the purpose of promoting the sale of goods or services or the provision of any benefits.\nMaximum penalty: $20 000.\n\t(3)\tA person must not, without the consent of the Minister, assume a name or description that consists of, or includes, official insignia.\nMaximum penalty: $20 000.\n\t(4)\tA consent under this section—\n\t(a)\tmay be given with or without conditions (including conditions requiring payment to the Minister); and\n\t(b)\tmay be given generally by notice in the Gazette or by notice in writing addressed to an applicant for the consent; and\n\t(c)\tmay be revoked by the Minister for breach of a condition by notice in writing given personally or by post to a person who has the benefit of the consent.\n\t(5)\tThe Supreme Court may, on the application of the Minister, grant an injunction to restrain a breach of this section.\n\t(6)\tThe court by which a person is convicted of an offence against this section may, on the application of the Minister, order the convicted person to pay compensation of an amount fixed by the court to the Minister.\n\t(7)\tSubsections (5) and (6) do not derogate from any civil remedy that may be available to the Minister apart from those subsections.\n45—Seizure and forfeiture of goods\n\t(1)\tIf—\n\t(a)\tgoods apparently intended for a commercial purpose are marked with official insignia; and\n\t(b)\tan authorised officer suspects on reasonable grounds that the use of the insignia has not been authorised by the Minister,\nthe authorised officer may seize those goods.\n\t(2)\tIf goods have been seized under this section and—\n\t(a)\tproceedings are not instituted for an offence against section 44(2) in relation to the goods within 3 months of their seizure; or\n\t(b)\tafter proceedings have been instituted and completed, the defendant is not convicted,\nthe person from whom they were seized is entitled to recover—\n\t(c)\tthe goods or, if they have been destroyed, compensation equal to the market value of the goods at the time of their seizure; and\n\t(d)\tcompensation for any loss suffered by reason of the seizure of the goods.\n\t(3)\tAn action for the payment of compensation under subsection (2) may be brought against the Minister in any court of competent jurisdiction.\n\t(4)\tThe court by which a person is convicted of an offence against section 44(2) may order that goods to which the offence relates be forfeited to the Crown.\n\t(5)\tAny goods forfeited to the Crown may be sold or disposed of as the Minister thinks fit and, if sold, the proceeds of sale must be paid into the ADS Fund.\nPart 8—Miscellaneous\n46—Native title\n\t(1)\tNothing done under this Act will be taken to affect native title in any land or water.\n\t(2)\tHowever, subsection (1) does not apply if the effect is valid under a law of the State or the Native Title Act 1993 of the Commonwealth.\n47—Immunity provision\nNo act or omission undertaken or made by the Minister or any other person engaged in the administration of this Act, or by another person or body acting under the authority of the Minister, with a view to—\n\t(a)\texercising or performing a power or function under this Act; or\n\t(b)\tprotecting, restoring or enhancing the Sanctuary, or any aspect of the Sanctuary (including by exercising or performing any power or function under another Act); or\n\t(c)\tfurthering the objectives of this Act (including by exercising or performing any power or function under another Act),\ngives rise to any liability (whether based on a statutory or common law duty to take care or otherwise) against the Minister, person or body, or the Crown.\n48—Continuing offence\n\t(1)\tA person convicted of an offence against a provision of this Act in respect of a continuing act or omission—\n\t(a)\tis liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-tenth of the maximum penalty prescribed for that offence; and\n\t(b)\tis, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one-tenth of the maximum penalty prescribed for the offence.\n\t(2)\tIf an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.\n49—Offences by bodies corporate\n\t(1)\tIf a body corporate commits an offence against this Act, each member of the governing body, and the manager, of the body corporate are guilty of an offence and liable to the same penalty as is prescribed for the principal offence where the offender is a natural person.\n\t(2)\tA person may be prosecuted and convicted of an offence under this section whether or not the body corporate has been prosecuted or convicted of the offence committed by the body corporate.\n50—General defence\nIt is a defence to a charge of an offence against this Act if the defendant proves that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n51—Criminal jurisdiction of ERD Court\nOffences constituted by this Act lie within the criminal jurisdiction of the ERD Court.\n52—Confidentiality\n\t(1)\tA person engaged or formerly engaged in the administration of this Act must not divulge or communicate personal information obtained (whether by that person or otherwise) in the course of official duties except—\n\t(a)\tas required or authorised by or under this Act or any other Act or law; or\n\t(b)\twith the consent of the person to whom the information relates; or\n\t(c)\tin connection with the administration of this Act; or\n\t(d)\tto an agency or instrumentality of this State, the Commonwealth or another State or Territory of the Commonwealth for the purposes of the proper performance of its functions.\nMaximum penalty: $5 000.\n\t(2)\tSubsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates.\n\t(3)\tInformation that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by—\n\t(a)\tthe person to whom the information was disclosed; or\n\t(b)\tany other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.\nMaximum penalty: $5 000.\n53—Service\n\t(1)\tA notice, order or other document required to be given or sent to, or served on, a person for the purposes of this Act may—\n\t(a)\tbe given to the person personally; or\n\t(b)\tbe posted in an envelope addressed to the person at the person's last known residential or (in the case of a corporation) registered address; or\n\t(c)\tbe left for the person at the person's last known residential or (in the case of a corporation) registered address with someone apparently over the age of 16 years; or\n\t(d)\tbe transmitted by facsimile transmission or electronic mail to a facsimile number or electronic mail address (in which case the notice or document will be taken to have been given or served at the time of transmission).\n\t(2)\tWithout limiting the effect of subsection (1), a notice, order or other document required to be given or sent to, or served on, a person for the purposes of this Act may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served on the person in accordance with that Act.\n54—Evidentiary provision\nIn proceedings for an offence against this Act, an allegation in the complaint that a person was or was not at a specified time an authorised officer will be accepted as proved in the absence of proof to the contrary.\n55—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tcreate offences punishable by a fine not exceeding $5 000;\n\t(b)\tfix expiation fees for alleged offences against the regulations;\n\t(c)\tmake provision facilitating proof of the commission of offences against the regulations.\n\t(3)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of the Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015.\n\t(4)\tA provision of a regulation made under subsection (3) may, if the regulation so provides, take effect from the commencement of this subsection or from a later day.\n\t(5)\tTo the extent to which a provision takes effect under subsection (4) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\nSchedule 1—Adelaide Dolphin Sanctuary\n1—Adelaide Dolphin Sanctuary\nThe Port Adelaide River estuary and Barker Inlet including—\n\t(a)\tthe subjacent land; and\n\t(b)\tthe waters, rivers, creeks, inlets and drains to medium high water mark; and\n\t(c)\tthe land within the area bounded as follows:\n\nCommencing at the westernmost corner of allotment 223 (DP 32591), Hundred of Port Adelaide, being a point on the southern breakwater of the Gulf Point Marina; thence westerly along a straight line to a point longitude 138.460767 latitude –34.788718 (Beacon 3180/004); north‑westerly along a straight line to a point longitude 138.444455 latitude –34.747508 (Beacon 3210/700); again north‑westerly along a straight line to a point longitude 138.407201 latitude –34.655053; easterly along a straight line to the north‑western corner of allotment 4 (DP 23558), Hundred of Port Gawler; south‑easterly along the south‑western boundaries of allotment 4; south‑easterly across road to the north‑western corner of section 694; south‑easterly along the north‑eastern boundaries of sections 694 and 693 and across road to the north‑western corner of section 692; south‑westerly along portion of the north‑western boundary of section 692 for 60.0 metres approximately; south‑easterly through section 692 and along the landward side of the sea levee bank intersecting sections 692 and 691; south‑westerly along the landward side of the sea levee bank intersecting the latter section and continuing generally south‑easterly along the landward side of the sea levee bank intersecting section 809, Hundred of Port Gawler, intersecting allotment 5 (FP 3965), Hundreds of Port Gawler and Port Adelaide, continuing generally south‑westerly and generally south‑easterly along the landward side of the sea levee bank intersecting piece 20 (FP 108216) and section 624, across section 508, and continuing generally south‑easterly through sections 629, 509, 510, 512 and 513 to the south‑western boundary of section 514; south‑easterly along medium high water mark through section 514 and the south‑western boundary of the Town of St Kilda to the northern corner of allotment 5 (DP 50216), a point on the south‑western boundary of Fooks Terrace, Town of St Kilda; south‑easterly along the south‑western boundary of Fooks Terrace; north‑easterly along the south‑eastern boundary of Salt Street; south‑easterly along the south‑western boundary of Mangrove Street; south‑westerly along portion of a north‑western boundary of allotment 104 (DP 50216) for 35.60 metres; south‑easterly through allotment 104 (DP 50216) and continuing generally south‑easterly along the landward side of the sea levee bank intersecting sections 323, 324, 325, 326, 327, 328, and piece 23 (FP 108216) and easterly of piece 91 (FP 207067), piece 23 (FP 108216) and section 330 to the north‑eastern boundary of section 587; generally south‑easterly along the north‑eastern and north‑western boundaries of section 587, allotment 3 (FP 2871) and allotment 100 (FP 6430) to the western boundary of Port Wakefield Road; southerly and generally north‑westerly along the eastern, south‑western and south‑eastern boundaries of allotment 100 (FP 6430), allotment 3 (FP 2871) and section 587 to the landward side of the sea levee bank (the easternmost corner of allotment 101 - DP 44233); generally south‑westerly and generally south‑easterly along south‑eastern, north‑eastern and eastern boundaries of allotment 101 (DP 44233), continuing generally westerly and generally north‑westerly along the landward side of the sea levee bank intersecting piece 1001 (DP 50694) and allotment 2 (DP 18683), and continuing north‑westerly and generally westerly along south‑western and south‑eastern boundaries of allotment 107 (DP 45483) and the southern boundaries of allotment 101 (DP 41796) and allotment 204 (DP 48102); north‑westerly along Grand Trunkway Road to the north‑eastern corner of allotment 50 (DP 41577) – (medium high water mark); generally westerly along medium high water mark (North Arm) and continuing generally southerly, generally south‑westerly and generally southerly along medium high water mark (eastern side of Port Adelaide River) through Port Adelaide Harbor to the northern boundary of the causeway (the northern boundary of Bower Road); westerly along the latter boundary to medium high water mark (western side of Port Adelaide River); generally northerly, generally north‑easterly and generally northerly along medium high water mark (Port Adelaide River) to the south‑eastern corner of allotment 3 (DP 63481); westerly, generally northerly and easterly along the southern and western boundaries of allotment 3 (DP 63481) and the western, southern and northern boundaries of allotment 2 (DP 63481) to the landward side of the sea levee bank; northerly and north‑westerly along the landward side of the sea levee bank and its production north‑westerly to the medium high water mark; generally westerly and generally south‑westerly along medium high water mark to the north‑western corner of section 694, Hundred of Port Adelaide; south‑easterly and south‑westerly along the north‑eastern and south‑eastern boundaries of section 694 and production south‑westerly to the western corner of piece 3 (FP 218644); south‑easterly along the south‑western boundaries of piece 3 (FP 218644) to the southern corner of the said piece 3; north‑easterly along a south‑eastern boundary of piece 3 (FP 218644) to the northern corner of allotment 44 (DP 31099); south‑easterly along the north‑eastern boundary of allotment 44 (DP 31099) and its production to medium high water mark; south‑easterly, generally northerly, generally south‑easterly, south‑westerly, north‑westerly and generally southerly (through Gulf Point Marina) along medium high water mark to the intersection with the production northerly of the western boundary of allotment 73 (DP 38997); southerly along the latter production and boundary; westerly along a southern boundary of allotment 74 (DP 38997) to a north‑eastern boundary of allotment 223 (DP 32591); thence south‑easterly along the latter boundary and generally westerly along southern boundaries of allotment 223 (DP 32591) to the point of commencement.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease 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.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Adelaide Dolphin Sanctuary Act 2005 amended the following:\nAquaculture Act 2001\nCoast Protection Act 1972\nDevelopment Act 1993\nEnvironment Protection Act 1993\nFisheries Act 1982\nHarbors and Navigation Act 1993\nHistoric Shipwrecks Act 1981\nMining Act 1971\nNational Parks and Wildlife Act 1972\nNative Vegetation Act 1991\nPetroleum Act 2000\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2005\n5\nAdelaide Dolphin Sanctuary Act 2005\n14.4.2005\n4.6.2005 except Sch 2 (cll 2—20, 22—41, 43, 48—53)—1.7.2005 (Gazette 2.6.2005 p1684) and except ss 12(1)—(3), (5) & (6) and 13—21—24.11.2005 (Gazette 24.11.2005 p4013)\n2006\n43\nStatutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 3 (s 8)—1.6.2007 (Gazette 26.4.2007 p1352)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 6 (ss 11 & 12)—1.2.2010 (Gazette 28.1.2010 p320)\n2015\n8\nStatutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n18.6.2015\nPt 2 (ss 4—13)—1.7.2015 (Gazette 25.6.2015 p3076)\n2025\n29\nBiodiversity Act 2025\n26.6.2025\nSch 5 (cll 1 & 2)—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n1.6.2007\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.6.2007\ns 3\n\n\ns 3(1)\n\n\nADS Advisory Board\ndeleted by 8/2015 s 4(1)\n1.7.2015\ndomestic partner\ninserted by 43/2006 s 8(1)\n1.6.2007\nParks and Wilderness Council\ninserted by 8/2015 s 4(2)\n1.7.2015\nspouse\ninserted by 43/2006 s 8(2)\n1.6.2007\ns 3(2)\namended by 43/2006 s 8(3)\n1.6.2007\nPt 2\n\n\ns 9\namended by 8/2015 s 5\n1.7.2015\nPt 3\n\n\nPt 3 Div 2\n\n\ns 11\n\n\ns 11(5)\namended by 8/2015 s 6(1)\n1.7.2015\ns 11(7)\namended by 8/2015 s 6(2)\n1.7.2015\nPt 3 Div 3\n\n\nheading\nsubstituted by 8/2015 s 7\n1.7.2015\nss 12—16\ndeleted by 8/2015 s 8\n1.7.2015\ns 17\namended by 8/2015 s 9\n1.7.2015\ns 18 before deletion by 8/2015\n\n\ns 18(6)\namended by 84/2009 s 11\n1.2.2010\ns 18\ndeleted by 8/2015 s 10\n1.7.2015\ns 19 before deletion by 8/2015\n\n\ns 19(9)\namended by 84/2009 s 12\n1.2.2010\ns 19\ndeleted by 8/2015 s 10\n1.7.2015\nss 20 and 21\ndeleted by 8/2015 s 10\n1.7.2015\nPt 3 Div 4\n\n\ns 22\n\n\ns 22(5)\namended by 8/2015 s 11\n1.7.2015\nPt 8\n\n\ns 55\n\n\ns 55(3)—(5)\ninserted by 8/2015 s 12\n1.7.2015\nSch 2\nomitted under Legislation Revision and Publication Act 2002\n1.6.2007\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n13—Transitional provision\nA member of the Adelaide Dolphin Sanctuary Advisory Board ceases to hold office on the commencement of this section.\nHistorical versions\n1.6.2007\n\n1.2.2010\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the Act's scope changed from its original intent — no legislative text was available for review. The 2026 website update referenced in the error page may have broken the hyperlink used to retrieve this legislation."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the Act's title, making meaningful complexity assessment impossible","A score of 1 reflects the absence of analysable content, not a judgment that the Act itself is simple"],"plain_english_summary":"**Note: The actual text of this legislation could not be retrieved** — the link provided returned a 'Page Not Found' error from the South Australian legislation website.\n\nBased on the **title alone** (Adelaide Dolphin Sanctuary Act 2005), here is what can be reasonably inferred:\n\n- This is a **South Australian law** passed in 2005.\n- It likely establishes a **protected area (sanctuary)** in or around Adelaide's waterways — most probably the Port River and Barker Inlet area — specifically to protect the resident **bottlenose dolphin population** living there.\n- It would typically set rules about **what activities are permitted or banned** in the sanctuary (e.g., restrictions on boat speeds, fishing, industrial activity, or harassment of dolphins).\n- It likely creates **enforcement powers** for rangers or officers to police the sanctuary rules.\n- It would affect **boat operators, recreational fishers, industrial operators, and developers** working in or near the sanctuary area.\n\n⚠️ **This summary is based on the Act's title and general knowledge only. No legal analysis of the actual provisions has been possible. Do not rely on this summary for legal advice.**"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act’s core scope remains what the long title states: establish a sanctuary to protect the local dolphin population and its habitat and provide tools to manage and restore that environment (ss7–8, 10). Subsequent amendments and provisions have expanded the administrative and enforcement toolbox (creation of the ADS Fund (s22), clearer authorised officer powers (ss28–29), registration of orders as land charges (ss39–40), and formalising advisory input via the Parks and Wilderness Council (s17)), but these changes do not materially depart from the original conservation and management purpose. In short, the statute has been supplemented with implementation and enforcement mechanisms rather than being repurposed to a substantially different objective."},"complexity_factors":["Comprehensive interpretation / defined‑term section with many concepts (s3)","List of 11 named related operational Acts and regulatory delegation (s5)","Multiple enforcement mechanisms: protection orders, reparation orders, reparation authorisations, emergency oral orders with differing procedures and time limits (ss33–37)","Authorised officer regime with broad powers, warrant rules, and special protections for residential premises (ss28–29)","Registration mechanism turning orders into land charges with priority rules (ss39–40)","Appeal path to ERD Court with stay/discretion provisions and court powers on appeal (s41)","Separate fund with accounting and audit obligations (ss22–24)","Varied penalty structure including continuing offence rules and corporate liability (ss48–49)","Ministerial discretion in Plan adoption/amendment, delegation, and use of the Fund (ss11, 25–27)","Cross‑referencing to other Acts, regulations and possible prescribed exceptions (multiple sections)"],"plain_english_summary":"Creates the Adelaide Dolphin Sanctuary and a management plan, imposes a statutory general duty of care on anyone whose activities might harm it, and gives the Minister and authorised officers powers to issue protection, reparation and emergency orders, enter and inspect, seize and recover costs. Orders can be registered as charges on land; breaches attract civil and criminal penalties. It affects landowners, vessel operators, industry, tourism and public authorities operating in the Sanctuary and establishes a fund to support remediation and management."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 2005 Act established an Adelaide Dolphin Sanctuary Advisory Board (sections 12-21) with detailed membership, meetings, and reporting requirements. The 2015 amendments abolished this Board and transferred its advisory functions to the existing Parks and Wilderness Council, significantly streamlining governance. The 2025 Biodiversity Act amendments (not yet commenced) suggest further integration with broader biodiversity frameworks. The scope has shifted from a standalone dedicated governance structure to an integrated model using existing institutional frameworks."},"complexity_factors":["Moderate length (55 sections plus Schedule 1 with detailed boundary descriptions)","19 defined terms in section 3, including complex 'associate' definition with 7 relationship categories and chain-tracing provision","Extensive cross-referencing with 11 'related operational Acts' listed in section 5","Nested conditional logic in Part 6 (Orders) with distinctions between: protection vs reparation orders; Minister-issued vs authorised officer-issued; written vs emergency oral orders; 72-hour time limits; domestic vs non-domestic activities with different penalty tiers","Land charge registration system (Division 2 of Part 6) creating property law interactions","Multiple enforcement pathways: general duty of care (non-criminal) → protection/reparation orders → criminal penalties for non-compliance → civil debt recovery → land charges","Emergency powers with specific timeframes and confirmation requirements","Appeal mechanisms to ERD Court with stay provisions and conference requirements","Interaction with native title (section 46) and Crown immunity (section 47)","Detailed boundary description in Schedule 1 using survey coordinates and metes-and-bounds"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a protected area called the **Adelaide Dolphin Sanctuary** covering the Port Adelaide River estuary and Barker Inlet in South Australia. Its main job is to protect the local dolphin population and their natural habitat.\n\n**Who it affects:**\n\n*   **Anyone doing activities in or near the Sanctuary** – including businesses, boaters, fishers, developers, and local residents.\n*   **The Minister** (currently the Environment Minister) – who makes the management plan and issues orders.\n*   **Authorised officers** – including police and appointed inspectors who can enter properties, inspect vessels, take samples, and issue emergency orders.\n*   **The Parks and Wilderness Council** – which advises the Minister.\n*   **Landowners** – who can have charges registered against their property if they damage the Sanctuary and don't pay for repairs.\n\n**Key things the law does:**\n\n*   **Establishes the Sanctuary** with defined boundaries (listed in Schedule 1 with precise map coordinates).\n*   **Creates a general duty of care** – everyone must take \"all reasonable measures\" to prevent harm to the Sanctuary. This isn't a criminal offence by itself, but breaking it can trigger orders and penalties.\n*   **Allows Protection Orders** – the Minister can order someone to stop an activity or take specific action to protect the Sanctuary. Emergency orders can last 72 hours.\n*   **Allows Reparation Orders** – if someone damages the Sanctuary, they can be ordered to fix the damage or pay money into a special fund to fix it.\n*   **Creates the Adelaide Dolphin Sanctuary Fund** – a dedicated bank account for sanctuary protection work, filled by government grants, donations, and money from selling seized goods.\n*   **Protects the Sanctuary logo** – it's illegal to use the \"Adelaide Dolphin Sanctuary\" name or logo for commercial purposes without permission.\n*   **Integrates with other laws** – the Act works alongside 11 other environmental and planning laws (like the Fisheries Act and Environment Protection Act) rather than replacing them.\n\n**Why it matters:**\n\nThis is South Australia's specific legal tool for protecting urban dolphins in a busy industrial port area. It gives the government strong powers to stop pollution, control development, and force polluters to pay for damage – including by placing charges on their land if they refuse. It recognises that protecting dolphins means protecting water quality and habitat, not just the animals themselves."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/adelaide-dolphin-sanctuary-act-2005","history":"/api/acts/adelaide-dolphin-sanctuary-act-2005/history","analysis":"/api/acts/adelaide-dolphin-sanctuary-act-2005/analysis","conflicts":"/api/acts/adelaide-dolphin-sanctuary-act-2005/conflicts","importantCases":"/api/acts/adelaide-dolphin-sanctuary-act-2005/important-cases","documents":"/api/acts/adelaide-dolphin-sanctuary-act-2005/documents"}}