{"id":"adelaide-dolphin-sanctuary-regulations-2020","name":"Adelaide Dolphin Sanctuary Regulations 2020","slug":"adelaide-dolphin-sanctuary-regulations-2020","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235172,"registerId":"sa-adelaide-dolphin-sanctuary-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Adelaide Dolphin Sanctuary Regulations 2020","content":"South Australia\nAdelaide Dolphin Sanctuary Regulations 2020\nunder the Adelaide Dolphin Sanctuary Act 2005\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tADS Management Plan—prescribed bodies (section 11(5)(b) and (7)(a) of Act)\n5\tApplications for warrants (section 29(6) of Act)\n6\tGeneral duty of care—prescribed circumstances (section 32(3) of Act)\n7\tAction on non-compliance with order etc—prescribed rate of interest (sections 34, 36 and 37 of Act)\nSchedule 1—ADS Management Plan—prescribed bodies\nSchedule 2—Revocation of Adelaide Dolphin Sanctuary Regulations 2005\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Adelaide Dolphin Sanctuary Regulations 2020.\n2—Commencement\nThese regulations come into operation on 1 September 2020.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Adelaide Dolphin Sanctuary Act 2005.\n4—ADS Management Plan—prescribed bodies (section 11(5)(b) and (7)(a) of Act)\nFor the purposes of section 11(5)(b) and (7)(a) of the Act, the bodies specified in Schedule 1 are prescribed.\n5—Applications for warrants (section 29(6) of Act)\n\t(1)\tThe grounds of an application for a warrant under section 29 of the Act made personally must be verified by affidavit.\n\t(2)\tIf an application for a warrant is made by telephone—\n\t(a)\tthe applicant must inform the magistrate of the applicant's name and identify the position that the applicant holds for the purposes of the Act, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant holds that position; and\n\t(b)\tthe applicant must inform the magistrate of the purpose for which the warrant is required and the grounds on which it is sought; and\n\t(c)\tif it appears to the magistrate from the information given by the applicant that there are proper grounds to issue a warrant, the magistrate must inform the applicant of the facts that justify, in the magistrate's opinion, the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and\n\t(d)\tif the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts that justify, in the magistrate's opinion, the issue of the warrant; and\n\t(e)\tthe warrant is taken to have been issued, and comes into force, when signed by the magistrate; and\n\t(f)\tthe magistrate must inform the applicant of the terms of the warrant; and\n\t(g)\tthe applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c).\n\t(3)\tA magistrate by whom a warrant is issued must file the warrant, or a copy of the warrant, and the affidavit verifying the grounds on which the application for the warrant was made, in the Magistrates Court.\n6—General duty of care—prescribed circumstances (section 32(3) of Act)\nFor the purposes of section 32(3) of the Act, any circumstance involving the exercise of a statutory power by a public authority in an emergency situation is prescribed.\n7—Action on non-compliance with order etc—prescribed rate of interest (sections 34, 36 and 37 of Act)\n\t(1)\tFor the purposes of sections 34(5)(a), 36(5)(a) and 37(8)(a) of the Act, the prescribed rate of interest per annum on an unpaid amount will be the prime bank rate for any financial year for which the amount remains unpaid.\n\t(2)\tIn this regulation—\nprime bank rate for a particular financial year means the corporate loan reference rate applied by the Commonwealth Bank of Australia for corporate lending on the first trading day of the Bank in that financial year.\nSchedule 1—ADS Management Plan—prescribed bodies\nAboriginal Legal Rights Movement Incorporated\nBoating Industry Association of South Australia Incorporated\nCity of Port Adelaide Enfield\nCity of Salisbury\nConservation Council of South Australia Incorporated\nFlinders Ports Pty Limited\nGreen Adelaide Board\nSouth Australian Employers' Chamber of Commerce and Industry Incorporated\nThe Minister's Recreational Fishing Advisory Council established by the Minister responsible for the administration of the Fisheries Management Act 2007\nWildcatch Fisheries South Australia Incorporated\nSchedule 2—Revocation of Adelaide Dolphin Sanctuary Regulations 2005\nThe Adelaide Dolphin Sanctuary Regulations 2005 are revoked.\nLegislative history\nNotes\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.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2020\n256\nGazette 13.8.2020 p4279 \n1.9.2020: r 2\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose — operational details for the Adelaide Dolphin Sanctuary. They prescribe specific bodies for consultation, set procedural rules for warrants, define an interest rate, and create a narrow emergency exemption. There is no scope creep; the document does exactly what subsidiary legislation should do."},"complexity_factors":["Very short document (7 regulations plus 2 schedules)","Only 2 defined terms ('Act' and 'prime bank rate')","Minimal cross-referencing — mostly just pointing back to specific sections of the parent Act","Regulation 5 (telephone warrants) contains nested procedural steps but these are clearly sequenced (a)-(g)","No exceptions to exceptions or complex conditional logic","Straightforward prescriptive approach: 'the prescribed rate is X', 'the bodies are listed in Schedule 1'"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical details for running the Adelaide Dolphin Sanctuary — a protected area in South Australia that looks after dolphins in the Port River and Barker Inlet area.\n\n**Key things covered:**\n\n* **Who helps manage the sanctuary:** Schedule 1 lists 11 specific organisations that must be consulted when developing or changing the sanctuary's management plan. These include local councils (Port Adelaide Enfield, Salisbury), Aboriginal groups, fishing groups, port operators (Flinders Ports), and environmental bodies.\n\n* **How warrants work:** If sanctuary officers need a warrant to enter property or seize things, they can apply in person (with a sworn written statement called an **affidavit**) or by phone. Phone applications have strict rules — the officer must identify themselves, explain why they need the warrant, and promise to send a sworn statement afterwards. The magistrate must write down the reasons for issuing the warrant.\n\n* **When the 'duty of care' rules don't apply:** The main Act says people must take reasonable care not to harm dolphins or their habitat. These regulations add an exception — this duty doesn't apply when a government agency is using emergency powers (like responding to a flood or fire).\n\n* **Interest on unpaid fines:** If someone doesn't pay a penalty or compliance order, interest accrues at the \"prime bank rate\" (the Commonwealth Bank's corporate lending rate on the first business day of the financial year).\n\n* **Cleanup:** The old 2005 regulations are revoked (replaced by these ones).\n\n**Who it affects:**\n\n* Boaters, fishers, and businesses operating in the sanctuary\n* Government agencies and sanctuary officers\n* The 11 organisations listed in Schedule 1 who get a formal say in management planning\n\n**Why it matters:**\n\nThese regulations put flesh on the bones of the 2005 Act. Without them, there'd be no clear process for getting warrants, no defined interest rate for unpaid penalties, and no formal list of who gets consulted about sanctuary management. It's the operational manual that makes the dolphin protection laws actually work."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"These Regulations revoke the Adelaide Dolphin Sanctuary Regulations 2005 (Schedule 2) and replace regulatory detail: they specify bodies to be consulted for the ADS Management Plan (Schedule 1), set warrant application and filing procedures (regulation 5), prescribe emergency situations as duty-of-care circumstances (regulation 6), and fix the method for calculating interest on unpaid amounts (regulation 7). The instrument therefore alters the prior subordinate regulatory prescriptions under the Act."},"complexity_factors":["Cross-references to multiple sections of the Adelaide Dolphin Sanctuary Act 2005 (requires reading with the Act)","Detailed procedural rules for warrants, including telephone applications, magistrate duties, and affidavit filing (regulation 5)","Prescribed list of stakeholder bodies for the ADS Management Plan (Schedule 1) creating consultative obligations","Interest rate tied to an external market reference (Commonwealth Bank corporate loan reference rate) requiring periodic lookup (regulation 7)","Revocation of prior regulations (Schedule 2) — requires comparing old and new text where relevant","Broad prescription of ‘emergency’ exercises of statutory power as duty-of-care circumstances (regulation 6) which leaves factual application to administrators"],"plain_english_summary":"These regulations set procedural and administrative detail under the Adelaide Dolphin Sanctuary Act 2005: they name the organisations to be consulted on the Sanctuary’s management plan, set how warrants are sought and filed (including telephone applications and affidavit requirements), prescribe emergency exercises of statutory power as duty-of-care circumstances, fix the interest rate on unpaid sums by reference to the Commonwealth Bank corporate loan rate, and revoke the 2005 regulations.\n\nThey affect public authorities, magistrates, applicants for warrants, the listed bodies, and parties ordered under the Act by setting decision procedures, verification and compliance costs."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not retrievable from the URL provided. The page returned a 404 error, meaning the content is unavailable at that address. No comparison between original and current intent is possible."},"complexity_factors":["No actual legislative text was provided — only a website error page","Cannot assess true complexity without the document content","Score of 1 reflects the simplicity of what was actually provided (an error message), not the legislation itself"],"plain_english_summary":"The Adelaide Dolphin Sanctuary Regulations 2020 are subordinate South Australian rules (made under the Adelaide Dolphin Sanctuary Act) that set enforceable standards to protect dolphins in the Port River and Barker Inlet. They shape how people use those waterways—affecting boaters, tour operators and recreational users—by prescribing conduct, licensing and penalties to prevent disturbance. Note: the supplied link returned a 404, so the regulation text wasn’t retrieved."}},"importantCases":[],"_links":{"self":"/api/acts/adelaide-dolphin-sanctuary-regulations-2020","history":"/api/acts/adelaide-dolphin-sanctuary-regulations-2020/history","analysis":"/api/acts/adelaide-dolphin-sanctuary-regulations-2020/analysis","conflicts":"/api/acts/adelaide-dolphin-sanctuary-regulations-2020/conflicts","importantCases":"/api/acts/adelaide-dolphin-sanctuary-regulations-2020/important-cases","documents":"/api/acts/adelaide-dolphin-sanctuary-regulations-2020/documents"}}