{"id":"aquaculture-act-2001","name":"Aquaculture Act 2001","slug":"aquaculture-act-2001","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31561,"registerId":"sa-aquaculture-act-2001-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Aquaculture Act 2001.\n3—Interpretation\nIn this Act—\nAdelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005;\naquaculture means farming of aquatic organisms for the purposes of trade or business or research, but does not include an activity declared by regulation not to be aquaculture;\naquaculture equipment means—\n\t(a)\ta farming structure; or\n\t(b)\tequipment used to anchor or indicate the presence of farming structures; or\n\t(c)\ta barge used to feed aquatic organisms; or\n\t(d)\tequipment used to mark‑off or indicate the boundaries of a licence area; or\n\t(e)\tother equipment used for the purposes of aquaculture;\naquaculture exclusion zone—see Part 4 Division 1;\naquaculture lease or lease means an aquaculture lease under Part 6;\naquaculture licence or licence means a corresponding licence under Part 6 or an aquaculture licence under Part 7;\naquaculture policy means an aquaculture policy under Part 4;\naquaculture zone—see Part 4 Division 1;\naquatic organism means an aquatic organism of any species, and includes the reproductive products and body parts of an aquatic organism;\nATAB means the Aquaculture Tenure Allocation Board established under Part 10 Division 3;\nauthorised person, in relation to a marked-off area of an aquaculture lease, means—\n\t(a)\ta lessee under the lease or a person acting on the authority of a lessee under the lease; or\n\t(b)\tif a person who is not a lessee under the lease is a holder of a corresponding licence in respect of an area that comprises or includes the marked-off area—that person or a person acting on the authority of that person;\ncondition includes a limitation and reservation;\ncorresponding licence, in relation to an aquaculture lease or proposed aquaculture lease, means an aquaculture licence in respect of all or part of the area of the lease or proposed lease authorising the same class of aquaculture as that specified by the lease or proposed lease;\ncouncil means a council within the meaning of the Local Government Act 1999;\ndirector of a corporation includes a person occupying or acting in the position of director of the corporation whether validly appointed to occupy or duly authorised to act in the position or not, and includes a person in accordance with whose directions or instructions the directors of the corporation are accustomed to act;\necologically sustainable—see section 4;\nemergency lease means an emergency lease under Part 6 Division 5;\nEPA means the Environment Protection Authority established under the Environment Protection Act 1993;\nfarming of aquatic organisms means an organised rearing process involving propagation or regular stocking or feeding of the organisms or protection of the organisms from predators or other similar intervention in the organisms' natural life cycles;\nfarming structures means structures used for the farming of aquatic organisms and includes sea cages and racks, longlines and submerged lines used for aquaculture, together with their associated baskets, barrels, lanterns and other culture units;\nfisheries officer means a fisheries officer within the meaning of the Fisheries Management Act 2007;\nmandatory provisions—see Part 4 Division 1;\nmarine park has the same meaning as in the Marine Parks Act 2007;\nmarked-off area of an aquaculture lease means an area of the lease with boundaries that are marked off or indicated in the manner required under the conditions of the lease or a corresponding licence;\nMinister's assessment guidelines means guidelines published by the Minister under section 60A;\nMurray-Darling Basin has the same meaning as in the Murray-Darling Basin Act 1993;\npilot lease means a pilot lease under Part 6 Division 2;\nprescribed criteria—see Part 4 Division 1;\nproduction lease means a production lease under Part 6 Division 4;\npublic authority includes a Minister, statutory authority or council;\npublic call area—see section 11(2)(b);\npublic register—see section 80;\nrelevant Act means—\n\t(a)\tin relation to the Adelaide Dolphin Sanctuary—the Adelaide Dolphin Sanctuary Act 2005; or\n\t(b)\tin relation to a marine park—the Marine Parks Act 2007; or\n\t(c)\tin relation to a River Murray Protection Area or the Murray‑Darling Basin—the River Murray Act 2003;\nrelevant Minister means—\n\t(a)\tin relation to the Adelaide Dolphin Sanctuary—the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or\n\t(b)\tin relation to a marine park—the Minister to whom the administration of the Marine Parks Act 2007 is committed; or\n\t(c)\tin relation to a River Murray Protection Area or the Murray‑Darling Basin—the Minister to whom the administration of the River Murray Act 2003 is committed;\nrelevant statutory authorisation means an approval, consent, licence, permit or other authorisation or entitlement granted, arising or required under an Act or any other law of this State or another State or Territory of the Commonwealth relating to aquaculture, fishing or environment protection;\nresearch lease means a research lease under Part 6 Division 4A;\nRiver Murray Protection Area means a River Murray Protection Area under the River Murray Act 2003;\nspecially protected area means—\n\t(a)\tthe Adelaide Dolphin Sanctuary; or\n\t(b)\ta marine park; or\n\t(c)\ta River Murray Protection Area;\nstandard conditions—see Part 4 Division 1;\nState waters means waters that are—\n\t(a)\twithin the limits of the State and vested in the Crown; or\n\t(b)\tcoastal waters of the State under the Coastal Waters (State Powers) Act 1980 of the Commonwealth (as amended from time to time or an Act enacted in substitution for that Act);\nsuitable person—see section 4A;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;\nvariation of licence conditions includes the revocation of licence conditions or the imposition of further licence conditions, but does not include a matter of a kind excluded from the ambit of this definition by the regulations;\nwaters includes land underlying waters.\n4—Ecologically sustainable development\n\t(1)\tDevelopment is ecologically sustainable if it is managed to ensure that communities provide for their economic, social and physical well-being while—\n\t(a)\tnatural and physical resources are maintained to meet the reasonably foreseeable needs of future generations; and\n\t(b)\tbiological diversity and ecological processes and systems are protected; and\n\t(c)\tadverse effects on the environment are avoided, remedied or mitigated.\n\t(2)\tIn making decisions as to whether development is ecologically sustainable or to ensure that development is ecologically sustainable—\n\t(a)\tlong-term and short-term economic, environmental, social and equity considerations should be effectively integrated; and\n\t(b)\tif 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.\n4A—Suitable person to be granted licence\nIn determining whether a person is a suitable person to be granted an aquaculture licence, the Minister may take into account—\n\t(a)\tany offence committed by the person, or, in the case of a corporation, by a director of the corporation, against this Act or any other law of this State or another State or a Territory of the Commonwealth relating to aquaculture, fishing or environment protection; and\n\t(b)\twhether the person, or, in the case of a corporation, a director of the corporation, has held a relevant statutory authorisation that has been cancelled or suspended or has been disqualified from obtaining such an authorisation; and\n\t(c)\tthe financial and other capacity of the person to comply with obligations under this Act.\n5—Crown bound\n\t(1)\tThis Act binds the Crown not only in right of South Australia but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\t(2)\tNothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence.\n6—Application of Act\nThis Act applies within the State and State waters and to waters beyond and adjacent to State waters to the full extent of the extraterritorial power of the Parliament.\n6A—Licence or other right is not personal property for the purposes of Commonwealth Act\nA right, entitlement or authority granted by or under this Act is not personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth.\n7—Interaction with other Acts\n\t(1)\tSubject to subsection (2), this Act is in addition to and does not limit or derogate from the provisions of any other Act.\n\t(2)\tThe Planning, Development and Infrastructure Act 2016 does not apply to development within the area of an emergency lease for the purposes of carrying on the activities authorised by a corresponding licence.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Objects of Act","content":"Part 2—Objects of Act\n8—Objects of Act\n\t(1)\tThe objects of this Act are—\n\t(a)\tto promote ecologically sustainable development of marine and inland aquaculture; and\n\t(b)\tto maximise benefits to the community from the State's aquaculture resources; and\n\t(c)\totherwise to ensure the efficient and effective regulation of the aquaculture industry.\n\t(2)\tThe Minister must, in the administration of this Act, have regard to, and seek to further, the objects.\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"Efficient administrative practices","content":"Part 3—Efficient administrative practices\n9—Efficient administrative practices\n\t(1)\tThe Minister and other relevant Ministers are to endeavour to ensure that practices are established to integrate and expedite administrative processes under this Act and other Acts so far as is practicable for the efficient and effective regulation of the aquaculture industry.\n\t(2)\tDirections may be given by a relevant Minister for the purposes of subsection (1) that will be binding (according to their terms) on a body or persons engaged in the administration of an Act for which the relevant Minister has responsibility.\n\t(3)\tHowever, this section is not to be taken to authorise a direction that would be inconsistent with a provision of this or another Act or that would govern the nature of a decision that may be made under an Act (as distinct from the processes leading up to the making of a decision).\n\t(4)\tIn this section—\nrelevant Minister means a Minister responsible for the administration of an Act that has application in relation to aquaculture.\n","sortOrder":2},{"sectionNumber":"Part 4","sectionType":"part","heading":"Aquaculture policies","content":"Part 4—Aquaculture policies\n10—Interpretation\nIn this Division—\n\t(a)\ta reference to a draft aquaculture policy includes a reference to a draft amendment or revocation of an aquaculture policy; and\n\t(b)\ta reference to an aquaculture policy includes a reference to an amendment or revocation of an aquaculture policy.\n11—Nature and content of policies\n\t(1)\tThe Minister may make aquaculture policies for any purpose directed towards securing the objects of this Act.\n\t(2)\tAn aquaculture policy may do one or more of the following according to the terms of the policy:\n\t(a)\tidentify a zone within State waters (an aquaculture zone) in which aquaculture or specified classes of aquaculture will be permitted (subject to this Act and other applicable Acts);\n\t(b)\tdesignate an aquaculture zone or part of an aquaculture zone as an area in which applications for leases may only be made in accordance with a public call for applications (a public call area);\n\t(c)\tidentify a zone within State waters (an aquaculture exclusion zone) in which no aquaculture will be permitted;\n\t(e)\tprescribe matters to be taken into account in the determination of applications for licences or in the making of other decisions under this Act (prescribed criteria);\n\t(f)\tprescribe provisions that will be conditions of licences or leases (standard conditions);\n\t(g)\tprescribe provisions that will constitute offences under Division 2 (mandatory provisions);\n\t(h)\tmake any other provision contemplated by this Act or necessary or expedient for the purpose of securing the objects of this Act.\n\t(3)\tThe provisions of aquaculture policies may vary in their operation according to the zones or other areas, or the classes of aquaculture, or other circumstances, to which they are expressed to apply.\n\t(3a)\tInsofar as an aquaculture policy applies within a specially protected area or the Murray‑Darling Basin, the policy must seek to further the objects and objectives of the relevant Act and of any relevant policy or plan prepared under the relevant Act, and in particular, should contain prescribed criteria to this effect.\n\t(3b)\tIf an aquaculture policy prescribes standard conditions, those conditions will, subject to the terms of the policy, apply to an aquaculture lease or aquaculture licence whether granted before or after the making of the policy and prevail over other conditions of such a lease or licence to the extent of any inconsistency.\n\t(4)\tAn aquaculture policy may—\n\t(a)\toperate by making reference to a standard or other document published by a specified body, with or without specified modifications, and as in force at a specified time or from time to time; and\n\t(b)\tprovide for a matter to be determined according to the discretion of the Minister.\n12—Procedures for making policies\n\t(1)\tThe Minister may prepare draft aquaculture policies.\n\t(3)\tThe Minister must prepare a report in relation to a draft policy containing—\n\t(a)\tan explanation of the purpose and effect of the draft policy; and\n\t(b)\ta summary of any background and issues relevant to the draft policy and of the analysis and reasoning applied in formulating the policy; and\n\t(c)\tan assessment of the consistency of the draft policy with—\n\t(i)\tany relevant state planning policy or regional plan, and the Planning and Design Code, under the Planning, Development and Infrastructure Act 2016; and\n\t(ii)\tany relevant environment protection policy under the Environment Protection Act 1993; and\n\t(iii)\tany other instruments prescribed by regulation.\n\t(4)\tThe Minister must, after preparation of the draft policy and related report, refer the policy and report—\n\t(a)\tto any body prescribed for the purposes of this section; and\n\t(b)\tto any public authority whose area of responsibility is, in the opinion of the Minister, likely to be affected by the policy.\n\t(5)\tThe Minister must also, after preparation of the draft policy and related report, cause an advertisement to be published in accordance with subsection (5a)—\n\t(a)\tgiving notice of places at which the draft policy and the report, or copies of the draft policy and the report, are to be available for inspection and, if copies are to be available for purchase, of places at which copies may be purchased; and\n\t(b)\tinviting interested persons to make written submissions in relation to the draft policy within a period specified in the advertisement (being not less than 2 months from the date of publication of the advertisement).\n\t(5a)\tThe advertisement referred to in subsection (5) must be published—\n\t(a)\tin the Gazette; and\n\t(b)\tin 1 or both of the following forms (as the Minister considers appropriate in the circumstances):\n\t(i)\tin a newspaper circulating generally in the State;\n\t(ii)\ton a website determined by the Minister.\n\t(6)\tAfter considering all matters raised as a result of consultation under subsections (4) and (5), the Minister may—\n\t(a)\tby notice in the Gazette, approve the draft policy; or\n\t(b)\talter the draft policy as the Minister thinks fit and, by notice in the Gazette, approve the draft policy as altered; or\n\t(c)\tdecline to approve the draft policy.\n\t(7a)\tThe Minister must not approve a draft policy that will apply within a specially protected area without the concurrence of the relevant Minister.\n\t(7b)\tIf the Minister to whom this Act is committed and a relevant Minister cannot reach agreement in a case where subsection (7a) applies, the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of the Minister under this Act).\n\t(8)\tThe Minister must, in a Gazette notice approving a draft policy, fix a day on which the policy will come into operation.\n13—Parliamentary scrutiny\n\t(1)\tIf the Minister approves an aquaculture policy under this Division, the Minister must, within 28 days, refer the policy to the Environment, Resources and Development Committee of the Parliament.\n\t(2)\tThe Environment, Resources and Development Committee must, after receipt of an aquaculture policy under subsection (1)—\n\t(a)\tresolve that it does not object to the policy; or\n\t(b)\tresolve to suggest amendments to the policy; or\n\t(c)\tresolve to object to the policy.\n\t(3)\tIf, at the expiration of 28 days from the day on which the policy was referred to the Environment, Resources and Development Committee, the Committee has not made a resolution under subsection (2), it will be conclusively presumed that the Committee does not object to the policy and does not itself propose to suggest any amendments to the policy.\n\t(3a)\tIf the expiration of the 28 days referred to in subsection (3) falls during a prescribed period, the prescribed period is to be disregarded for the purposes of that subsection.\n\t(4)\tIf an amendment is suggested under subsection (2)(b)—\n\t(a)\tthe Minister may, by notice in the Gazette, proceed to make such an amendment to the policy; or\n\t(b)\tthe Minister may report back to the Committee that the Minister is unwilling to make the amendment suggested by the Committee (and, in such a case, the Committee may resolve that it does not object to the policy as originally made, or may resolve to object to the policy).\n\t(5)\tIf the Environment, Resources and Development Committee resolves to object to a policy, copies of the policy must be laid before both Houses of Parliament.\n\t(6)\tIf either House of Parliament passes a resolution disallowing a policy laid before it under subsection (5), the policy ceases to have effect.\n\t(7)\tA resolution is not effective for the purposes of subsection (6) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the policy was laid before the House.\n\t(8)\tIf a resolution is passed under subsection (6), notice of the resolution must forthwith be published in the Gazette.\n\t(9)\tIn this section—\nprescribed period means—\n\t(a)\t15 December to the following 15 January (inclusive); or\n\t(b)\tthe period commencing on the day on which the House of Assembly is dissolved for the purposes of a general election and ending on the day on which the Environment, Resources and Development Committee is reconstituted at the beginning of the first session of the new Parliament after that election.\n14—Certain amendments may be made by Gazette notice only\n\t(1)\tThe Minister may, by notice in the Gazette, amend an aquaculture policy—\n\t(a)\tin order to correct an error in the policy; or\n\t(b)\tin order to make a change of form (not involving a change of substance) in the policy; or\n\t(ba)\tin order to designate, or revoke the designation of, an aquaculture zone or part of an aquaculture zone as a public call area; or\n\t(bb)\tif the Minister considers it necessary to amend the policy in consequence of an amendment to the Act or the making, variation or revocation of the regulations or the making, amendment or revocation of another aquaculture policy; or\n\t(c)\tif the policy itself or the regulations provide that a change of a specified kind may be made to the policy by amendment under this section—in order to make a change of that kind.\n\t(2)\tAn amendment under this section comes into operation on the day fixed in the notice of the amendment.\n15—Availability and evidence of policies\n\t(1)\tCopies of each aquaculture policy and of each standard or other document referred to in an aquaculture policy must be kept available for inspection and purchase by the public during ordinary office hours at an office determined by the Minister.\n\t(2)\tIn any legal proceedings, evidence of the contents of an aquaculture policy or of a standard or other document referred to in an aquaculture policy may be given by production of a document certified by the Minister as a true copy of the policy, standard or other document.\n\t(3)\tAn apparently genuine document purporting to be a certificate of the Minister will be accepted as such a certificate in the absence of proof to the contrary.\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"Contravention of mandatory provisions","content":"Division 2—Contravention of mandatory provisions\n16—Offence to contravene mandatory provisions of policy\nA person who contravenes a mandatory provision of an aquaculture policy is guilty of an offence.\n","sortOrder":4},{"sectionNumber":"Part 5","sectionType":"part","heading":"Requirement for licence","content":"Part 5—Requirement for licence\n17—Requirement for licence\nA person must not carry on aquaculture unless authorised to do so by an aquaculture licence.\n","sortOrder":5},{"sectionNumber":"Part 6","sectionType":"part","heading":"Leases","content":"Part 6—Leases\n18—Application of Part\nThis Part applies to an area comprised of—\n\t(a)\tState waters; or\n\t(b)\tState waters and adjacent land within the meaning of the Harbors and Navigation Act 1993.\n19—Requirement for lease\n\t(1)\tAn aquaculture licence may not be granted so as to authorise the carrying on of aquaculture in an area to which this Part applies unless the area is the subject of an aquaculture lease granted by the Minister.\n\t(2)\tHowever—\n\t(a)\tan aquaculture licence may be granted despite the area not being the subject of an aquaculture lease if the aquaculture is to be carried out on a navigable vessel as it operates within the area; and\n\t(b)\tan aquaculture licence may be granted subject to conditions regulating the towing of farming structures containing stock by means of navigable vessel to or from the area of the lease and the feeding of the stock or the taking of other action in relation to the stock during the movement of the stock.\n20—Concurrence under Harbors and Navigation Act\n\t(1)\tThe power of the Minister to grant an aquaculture lease in respect of an area to which this Part applies is subject to the requirement under section 15 of the Harbors and Navigation Act 1993 for the concurrence of the Minister responsible for the administration of that Act.\n\t(2)\tHowever, the concurrence of the Minister is not required—\n\t(a)\tfor the substitution of an aquaculture lease following the division of lease areas into separate lease areas, or the amalgamation of lease areas, in accordance with the regulations; or\n\t(b)\tfor the grant of an emergency lease over an area that is not within a port or harbor within the meaning of the Harbors and Navigation Act 1993.\n21—Leases not permitted in respect of aquaculture exclusion zones\nAn aquaculture lease may not be granted in respect of an area within an aquaculture exclusion zone.\n22—General process for grant and renewal of leases and corresponding licences\n\t(1)\tSubject to section 40 (under which an emergency lease may be granted on the initiative of the Minister), an aquaculture lease may only be granted or renewed on application under this Part.\n\t(2)\tAn application for the grant or renewal of an aquaculture lease—\n\t(b)\tmust be accompanied by a fee of the amount determined by the Minister.\n\t(2a)\tAn application for the grant of an aquaculture lease must be accompanied by an application for a corresponding licence.\n\t(2b)\tThe term of a corresponding licence is co‑extensive with the term of the lease, and the licence is renewed for a further term on each renewal of the lease (without any requirement for an application).\n\t(2c)\tSubsection (2b) has effect subject to the power of the Minister to suspend or cancel an aquaculture licence.\n\t(2d)\tAn application for a corresponding licence—\n\t(b)\tmust be accompanied by an application fee for the licence of the amount prescribed by regulation.\n\t(3)\tAn applicant for an aquaculture lease or corresponding licence must provide the Minister with any information required by the Minister in connection with the determination of the application, verified, if the Minister so requires, by statutory declaration.\n\t(4)\tThe grant of an aquaculture lease must be notified in the Gazette.\n\t(5)\tIf the Minister decides not to grant or renew an application for an aquaculture lease, the Minister must, at the request of the applicant, give the applicant a written statement of the Minister's reasons for the decision.\n25—Lease conditions\nThe conditions of an aquaculture lease may—\n\t(a)\tfix the term of the lease (subject to this Act); and\n\t(b)\tfix amounts payable, whether as rent or otherwise, for or under the lease; and\n\t(c)\tspecify performance criteria to be met in relation to the lease; and\n\t(d)\tprovide for cancellation of the lease by the Minister and the grounds for cancellation; and\n\t(e)\tprovide for variation of the lease or its conditions by the Minister and the grounds for variation; and\n\t(f)\tprovide for renewal of the lease; and\n\t(g)\tprevent or regulate the grant of subleases; and\n\t(h)\tmake any other provision the Minister considers appropriate.\n25A—Variation of lease or lease conditions by or with consent of lessee\n\t(1)\tSubject to this section, an aquaculture lease or its conditions may be varied by the Minister by written notice to the lessee on application by or with the consent of the lessee.\n\t(2)\tThe variation must not increase the size of the area leased.\n\t(3)\tIf the variation consists of or involves the substitution of the area leased, the following provisions apply:\n\t(a)\tthe variation may not be made if the lease is registered under the Real Property Act 1886;\n\t(b)\tif the original area leased was within an aquaculture zone, the new area leased must not be within a different aquaculture zone;\n\t(c)\tif the new area leased is in a different location outside an aquaculture zone, the variation is subject to the requirement under section 15 of the Harbors and Navigation Act 1993 for the concurrence of the Minister responsible for the administration of that Act as if the variation involved the grant of a lease;\n\t(d)\tthe variation may not be made unless the holder of each corresponding licence has requested or consented to a variation of the conditions of the licence by substitution of the licence area and, in the case of a matter that is required to be referred to the EPA under section 59, the matter has been so referred and the EPA has approved the variation (to take effect on the variation of the lease).\n\t(4)\tIf the public register includes a notation that a specified person has an interest in an aquaculture lease, the lease may not be varied unless the specified person consents to the variation.\n\t(5)\tAn application for the variation of an aquaculture lease or its conditions—\n\t(b)\tif the public register includes a notation that a specified person has an interest in the lease—must be accompanied by evidence that the person consents to the variation; and\n\t(6)\tThis section does not derogate from the Minister's power to vary the lease or its conditions on grounds specified in the conditions of the lease.\n25B—Cancellation of lease\n\t(1)\tThe Minister may cancel an aquaculture lease on the grounds that—\n\t(a)\taquaculture has not commenced or has ceased to be carried on in the area leased; or\n\t(b)\tperformance criteria specified in the regulations or the lease have not been met; or\n\t(c)\tan amount has not been paid for or under the lease in accordance with its conditions.\n\t(2)\tBefore the Minister cancels an aquaculture lease under this section, the Minister must—\n\t(a)\tgive the lessee written notice—\n\t(i)\tspecifying the matters alleged to constitute proper cause for cancellation of the lease; and\n\t(ii)\tstating that the Minister proposes to cancel the lease; and\n\t(iii)\tallowing the lessee a reasonable opportunity to show cause why the lease should not be cancelled; and\n\t(b)\tif the public register includes a notation that a specified person has an interest in the lease—provide the specified person with a copy of the notice given to the lessee under paragraph (a).\n\t(3)\tThis section does not derogate from the Minister's power to cancel a lease on grounds specified in the conditions of the lease.\n25C—Surrender of lease\n\t(1)\tAn aquaculture lease may be surrendered with the consent of the Minister.\n\t(2)\tIf the public register includes a notation that a specified person has an interest in an aquaculture lease, the lease may not be surrendered unless the specified person consents to the surrender.\n\t(3)\tAn application for the consent of the Minister to the surrender of an aquaculture lease—\n\t(b)\tif the public register includes a notation that a specified person has an interest in the lease—must be accompanied by evidence that the person consents to the surrender; and\n25D—Corresponding licences terminated on termination of lease\nIf an aquaculture lease is cancelled or otherwise terminated, each corresponding licence is terminated.\n26—Classes of leases\nAquaculture leases are divided into the following classes:\n\t(a)\tpilot leases;\n\t(c)\tproduction leases;\n\t(ca)\tresearch leases;\n\t(d)\temergency leases.\nDivision 2—Pilot leases\n27—Pilot leases outside aquaculture zones\nA pilot lease may only be granted in respect of an area comprising or including State waters outside of an aquaculture zone.\n28—Granting of corresponding licence for pilot lease\n\t(1)\tThe Minister may grant a corresponding licence for a pilot lease containing specified conditions if—\n\t(i)\tthe grant of the licence would be consistent with the objects of this Act and any prescribed criteria or other relevant provisions of an applicable aquaculture policy; and\n\t(i)\thas caused public notice of the application to be published on a website determined by the Minister or in a newspaper circulating generally in the State and invited interested persons to make written submissions on the application within the period allowed in the notice; and\n\t(2)\tThe Minister must, at the request of a person who has made a written submission to the Minister under subsection (1), give the person a written statement of the Minister's reasons for the decision made by the Minister in relation to the matter on which submissions were invited.\n29—Term and renewal of pilot leases\n\t(1)\tThe term of a pilot lease is 12 months or a lesser period specified in the lease.\n\t(2)\tA pilot lease is renewable for successive terms but not so the aggregate of the terms exceeds 5 years.\n\t(3)\tThis section has effect subject to provisions of this Act or a pilot lease for the renewal or cancellation of the lease.\n30—Pilot leases not transferable\nA pilot lease is not transferable.\n31—Licences may only be held by lessees\nOnly the lessee under a pilot lease may hold the corresponding licence.\n","sortOrder":6},{"sectionNumber":"Div 4","sectionType":"division","heading":"Production leases","content":"Division 4—Production leases\n34—Granting of production leases limited to aquaculture zones\nA production lease may only be granted in respect of an area comprising or including State waters within an aquaculture zone.\n35—Granting of production leases and corresponding licences in public call areas\n\t(1)\tAn application for a production lease in respect of an area within an aquaculture zone or part of an aquaculture zone designated as a public call area may only be made following a public call for such applications in accordance with this section.\n\t(2)\tIn making a public call for applications, the Minister may—\n\t(a)\tdetermine the particular area, or a maximum area, to be made available for lease; and\n\t(b)\testablish criteria that must be met by applications, or determine weightings to be applied to applications, based on 1 or more of the following factors:\n\t(i)\tthe species of aquatic organism to be farmed;\n\t(ii)\tthe farming system;\n\t(iii)\tthe feeding system;\n\t(iv)\tthe purpose of the aquaculture;\n\t(v)\tthe size of the lease area;\n\t(vi)\tthe location of the lease area;\n\t(vii)\tany other factor considered appropriate by the Minister; and\n\t(c)\tdetermine that the call is to be in the form of a competitive tender with monetary bids.\n\t(3)\tA public call for applications must be made by notice published on a website determined by the Minister or in a newspaper circulating generally in the State and may be advertised in any other manner that the Minister thinks fit.\n\t(4)\tThe following information must be readily available to potential respondents to the public call for applications:\n\t(a)\tthe aquaculture zone or the part of the zone to which the public call relates;\n\t(b)\tthe area or the maximum area available for lease;\n\t(c)\tany applicable criteria and weightings;\n\t(d)\tinformation about the required manner and form of the applications;\n\t(e)\tthe period within which applications must be made.\n\t(5)\tATAB must assess each of the applications received in accordance with a public call for applications taking into account—\n\t(a)\tthe objects of this Act; and\n\t(b)\tany prescribed criteria or other relevant provisions of the applicable aquaculture policy; and\n\t(c)\tany applicable criteria and weightings.\n\t(6)\tThe assessment must be carried out in accordance with the Minister's assessment guidelines.\n\t(7)\tOn completion of the assessment, ATAB must make recommendations to the Minister (disregarding any limit on the area available for lease) as to—\n\t(a)\tany applications that should not be granted; and\n\t(b)\tthe order of merit of the other applications (and, to the extent that applications would otherwise be of the same order of merit, the order is to be determined by the drawing of lots and the Minister is to be informed of that fact).\n\t(8)\tFollowing receipt of ATAB's recommendations, the Minister is to determine the preferred applications and may negotiate with the applicants adjustments to the size and location of the areas sought to be leased so as to maximise the total area leased and resolve any conflict between the applications in relation to the area sought to be leased (to the extent that it is possible to do so without affecting the basis on which the applications were assessed in a material respect).\n\t(9)\tThe Minister may grant a corresponding licence containing specified conditions on a preferred application if—\n\t(i)\tthe grant of the licence would be consistent with the objects of this Act and any prescribed criteria or other relevant provisions of an applicable aquaculture policy; and\n\t(i)\thas caused public notice of the application to be published in accordance with subsection (3) and invited interested persons to make written submissions on the application within the period allowed in the notice; and\n\t(10)\tAn aquaculture policy identifying an aquaculture zone may exclude the application of subsection (9)(b) in relation to an application for a lease within the zone in circumstances specified in the policy.\n\t(11)\tThe Minister must, at the request of a person who has made a written submission to the Minister under subsection (9), give the person a written statement of the Minister's reasons for the decision made by the Minister in relation to the matter on which submissions were invited.\n\t(12)\tIf a preferred application is withdrawn or a decision is made not to grant the lease or licence on the application, any application that would have been a preferred application if the application that is withdrawn or not granted had not been made may become a preferred application in relation to the public call and be dealt with accordingly.\n36—Granting of production leases and corresponding licences if public call not required\n\t(1)\tIf an application is made for a production lease in respect of an area within an aquaculture zone or part of an aquaculture zone that is not designated as a public call area, ATAB must assess the application and the accompanying application for a corresponding licence, taking into account the objects of this Act and any prescribed criteria or other relevant provisions of an applicable aquaculture policy and make a recommendation to the Minister as to whether or not the lease and corresponding licence should be granted.\n\t(2)\tThe assessment must be carried out in accordance with the Minister's assessment guidelines.\n\t(3)\tThe Minister may grant a corresponding licence containing specified conditions on the application if—\n\t(i)\tthe grant of the licence would be consistent with the objects of this Act and any prescribed criteria or other relevant provisions of an applicable aquaculture policy; and\n\t(i)\thas caused public notice of the application to be published on a website determined by the Minister or in a newspaper circulating generally in the State and invited interested persons to make written submissions on the application within the period allowed in the notice; and\n\t(4)\tAn aquaculture policy identifying an aquaculture zone may exclude the application of subsection (3)(b) in relation to an application for a lease within the zone in circumstances specified in the policy.\n\t(5)\tThe Minister must, at the request of a person who has made a written submission to the Minister under subsection (3), give the person a written statement of the Minister's reasons for the decision made by the Minister in relation to the matter on which submissions were invited.\n37—Conversion of pilot leases to production leases\n\t(1)\tThe holder of a pilot lease may apply to the Minister for conversion of the lease to a production lease.\n\t(2)\tThe Minister may convert a pilot lease on an application made under this section not more than 60 days and not less than 30 days before the end of a term of the pilot lease if—\n\t(a)\tthe State waters comprising or included in the pilot lease are within an aquaculture zone; and\n\t(b)\tthe Minister is satisfied that aquaculture has been carried on in the area of the pilot lease during each term of the pilot lease that meets performance criteria specified by the conditions of the pilot lease.\n\t(3)\tThe Minister may convert a pilot lease on an application made not more than 90 days and not less than 60 days before the end of a term of the pilot lease if—\n\t(aa)\tthe aggregate of the terms of the pilot lease exceed 3 years; and\n\t(i)\tconversion of the pilot lease to a production lease would be consistent with the objects of this Act and any prescribed criteria or other relevant provisions of an applicable aquaculture policy; and\n\t(ii)\taquaculture has been carried on in the area of the pilot lease during each term of the pilot lease that meets performance criteria specified by the conditions of the pilot lease; and\n\t(b)\tthe matter has been referred to the EPA under Part 8 and the EPA has approved the conversion of the lease.\n\t(4)\tAn application for conversion of a pilot lease under this section—\n\t(b)\tmust be accompanied by a fee of an amount determined by the Minister.\n\t(4a)\tDespite subsections (2) and (3), the Minister may, at his or her discretion and on payment of the fee fixed by regulation, accept a late application for conversion of a pilot lease made before the end of the term of the lease.\n\t(5)\tAn applicant for conversion of a pilot lease must provide the Minister with any information required by the Minister for the purposes of determining the application, verified, if the Minister so requires, by statutory declaration.\n\t(5a)\tIf an application for conversion of a pilot lease has not been determined before the end of the term of the pilot lease, the term of the pilot lease is extended until such time as the application is determined (even if the aggregate of the terms of the lease will then exceed 5 years).\n\t(6)\tConversion of a pilot lease to a production lease under this section will have effect from the end of the term of the pilot lease during which the application for conversion was made.\n\t(7)\tOn the conversion of a pilot lease under this section, the term of the corresponding licence is extended so that it is co-extensive with the term of the lease as converted.\n\t(8)\tConversion of a lease by the Minister under this section is not to be taken to constitute the granting of a lease for the purposes of this Act.\n38—Term and renewal of production leases\n\t(1)\tThe term of a production lease is such period (not exceeding 30 years) as is specified in the lease.\n\t(1a)\tThe Minister may, on application by the holder of a production lease that—\n\t(a)\thas a term of 20 years or less; and\n\t(b)\twas in force immediately before the commencement of this subsection,\nextend the term of the lease by such period as the Minister thinks fit (but such an extension cannot prolong the term of the lease beyond the thirtieth anniversary of the day on which the lease was granted or renewed).\n\t(1b)\tThe term of a production lease cannot be extended under subsection (1a) more than once.\n\t(2)\tA production lease is renewable for successive terms.\n\t(3)\tThis section has effect subject to provisions of this Act or a production lease for the renewal or cancellation of the lease.\n39—Transfer of production leases\n\t(1)\tA production lease may be transferred by the lessee if—\n\t(a)\tthe Minister consents to the transfer; and\n\t(b)\tin a case where the public register includes a notation that a specified person has an interest in the lease—the specified person consents to the transfer.\n\t(2)\tAn application for the consent of the Minister to the transfer of a production lease—\n\t(b)\tif the public register includes a notation that a specified person has an interest in the lease—must be accompanied by evidence that the person consents to the transfer; and\n","sortOrder":7},{"sectionNumber":"Div 4A","sectionType":"division","heading":"Research leases","content":"Division 4A—Research leases\n39A—Granting of research leases and corresponding licences\n\t(1)\tA research lease may be granted in respect of an area comprising or including State waters within or outside of an aquaculture zone.\n\t(2)\tAn application for a research lease may be made at any time, even if the lease is in respect of an area within a public call area.\n\t(3)\tSubject to this Act, the Minister may grant a corresponding licence for a research lease containing specified conditions on an application if—\n\t(i)\tthe grant of the licence would be consistent with the objects of this Act and any prescribed criteria or other relevant provisions of an applicable aquaculture policy; and\n\t(i)\thas caused public notice of the application to be published on a website determined by the Minister or in a newspaper circulating generally in the State and invited interested persons to make written submissions on the application within the period allowed in the notice; and\n\t(4)\tAn aquaculture policy identifying an aquaculture zone may exclude the application of subsection (3)(b) in relation to an application for a lease within the zone in circumstances specified in the policy.\n\t(5)\tThe Minister must, at the request of a person who has made a written submission to the Minister under subsection (3), give the person a written statement of the Minister's reasons for the decision made by the Minister in relation to the matter on which submissions were invited.\n39B—Term and renewal of research leases\n\t(1)\tThe term of a research lease is 5 years or a lesser period specified in the lease.\n\t(2)\tA research lease is renewable for successive terms but not, if the corresponding licence authorises the conduct of a particular research project, so as to extend the term beyond the duration of the research project.\n\t(3)\tThis section has effect subject to provisions of this Act or a research lease for the renewal or cancellation of the lease.\n39C—Research leases not transferable\nA research lease is not transferable.\n39D—Licences may only be held by lessees\nOnly the lessee under a research lease may hold the corresponding licence.\n","sortOrder":8},{"sectionNumber":"Div 5","sectionType":"division","heading":"Emergency leases","content":"Division 5—Emergency leases\n40—Granting of leases and corresponding licences in circumstances of emergency\n\t(1)\tThe Minister may grant an emergency lease in an area to which this Part applies, on his or her own initiative or on the application of the holder of a pilot lease, production lease or research lease, if the Minister is satisfied that circumstances of emergency exist such that the granting of the lease is warranted for the protection of the environment or the preservation of endangered aquaculture stock.\n\t(2)\tAn emergency lease may be granted in respect of an area within or outside an aquaculture zone, but may not be granted in respect of an area within an aquaculture exclusion zone.\n\t(3)\tThe Minister may grant a corresponding licence for an emergency lease containing specified conditions, on his or her own initiative or on application, without public notice of the application being published and without the matter being referred to the EPA.\n43—Only holder of leases affected by emergency may hold emergency leases\nOnly the holder of the lease affected by the emergency giving rise to the grant of an emergency lease may hold the emergency lease.\n44—Term and renewal of emergency leases\n\t(1)\tThe term of an emergency lease is 6 months or a lesser period specified in the lease.\n\t(2)\tAn emergency lease is renewable for successive terms but not so the aggregate of the terms exceeds the period reasonably required for response or recovery following the emergency.\n\t(3)\tThis section has effect subject to provisions of this Act or an emergency lease for the renewal or cancellation of the lease.\n44A—EPA and Minister to be notified of emergency lease\nThe Minister must ensure that the EPA and, in any case where concurrence of the Minister responsible for the administration of the Harbors and Navigation Act 1993 is not required (see section 20), that Minister are notified of a proposal to grant or renew an emergency lease.\n","sortOrder":9},{"sectionNumber":"Div 6","sectionType":"division","heading":"Occupation of marked-off areas","content":"Division 6—Occupation of marked-off areas\n45—Exclusive occupation of marked-off areas\nSubject to the provisions of the lease, the lessee under an aquaculture lease has a right of exclusive occupation of the marked-off area of the lease.\n46—Control of marked-off areas\n\t(1)\tThis section applies subject to any provisions of the aquaculture lease concerned, or a corresponding licence, that limit the powers of an authorised person in relation to a marked-off area.\n\t(2)\tA person who has entered a marked-off area of an aquaculture lease must not fail, without reasonable excuse, to leave the area immediately if asked to leave by an authorised person.\nMaximum penalty: $2 500 or imprisonment for 6 months.\n\t(3)\tA person who has been asked to leave a marked-off area of an aquaculture lease by an authorised person must not re-enter the area unless the person has the express permission of an authorised person or a reasonable excuse for doing so.\nMaximum penalty: $2 500 or imprisonment for 6 months.\n\t(4)\tA person who, while present in the marked-off area of an aquaculture lease contrary to subsection (3), uses offensive language or behaves in an offensive manner is guilty of an offence.\n\t(5)\tA person who is present in the marked-off area of an aquaculture lease must, if asked to do so by an authorised person, give his or her name and address to the authorised person.\n\t(6)\tAn authorised person who has asked another person to leave a marked-off area or to give a name and address, must, if the other person so requests, inform the other person of—\n\t(a)\tthe authorised person's name and address; and\n\t(b)\tthe capacity in which the person is an authorised person.\nMaximum penalty: $750.\n\t(7)\tAn authorised person must not address offensive language to, or behave offensively towards, a person in relation to whom the authorised person is exercising a power conferred by this section.\n47—Interference with stock or equipment within marked-off areas\n\t(1)\tA person must not, without lawful excuse—\n\t(a)\ttake or interfere with aquaculture stock within a marked-off area of an aquaculture lease; or\n\t(b)\tinterfere with equipment used to mark‑off or indicate the boundaries of the marked‑off area of an aquaculture lease; or\n\t(c)\tinterfere with aquaculture equipment within a marked‑off area of an aquaculture lease.\nMaximum penalty: Imprisonment for 2 years.\n\t(2)\tA person must not enter a marked-off area of an aquaculture lease intending to commit an offence against subsection (1) in the area.\nMaximum penalty: Imprisonment for 1 year.\n\t(3)\tA court convicting a person of an offence against subsection (1) may, whether or not a penalty is imposed, order the person to pay to any person affected by the commission of the offence such compensation as the court considers proper for loss or damage suffered by that person as a result of the commission of the offence.\n48—Offence to pretend to be authorised person\nA person must not falsely pretend, by words or conduct, to have the powers of an authorised person under this Division.\n","sortOrder":10},{"sectionNumber":"Div 7","sectionType":"division","heading":"Power to require or carry out work","content":"Division 7—Power to require or carry out work\n48A—Power to require or carry out work\n\t(a)\ta lessee fails to take an action required by a condition of the lessee's aquaculture lease; or\n\t(b)\ton cancellation or termination of an aquaculture lease, a former lessee fails to remove equipment used to mark‑off or indicate the boundaries of a marked‑off area of the lease, aquaculture equipment or stock from State waters,\nthe Minister may, by written notice to the lessee or former lessee, direct the person to take the action, or to remove the equipment or stock.\n\t(2)\tA person to whom a direction is given under subsection (1) must comply with the direction within the time allowed in the notice.\n\t(3)\tIf a person fails to comply with a direction under subsection (1) within the time allowed in the notice, the Minister may cause the required action to be taken, and may recover the cost, as a debt, from the person.\n\t(4)\tEquipment or stock removed by action taken by the Minister under subsection (3) is forfeited to the Crown and may be sold or otherwise disposed of as the Minister thinks fit.\n","sortOrder":11},{"sectionNumber":"Part 7","sectionType":"part","heading":"Licences","content":"Part 7—Licences\n49—Applications for licences other than corresponding licences\n\t(2)\tAn application for an aquaculture licence other than a corresponding licence—\n\t(b)\tmust be accompanied by a fee of the amount prescribed by regulation.\n\t(3)\tAn applicant for an aquaculture licence other than a corresponding licence must provide the Minister with any information required by the Minister in connection with the determination of the application, verified, if the Minister so requires, by statutory declaration.\n50—Grant of licences other than corresponding licences\n\t(3)\tSubject to this Act, the Minister may grant an aquaculture licence (other than a corresponding licence) containing specified conditions on an application made under this Part if—\n\t(i)\tthe grant of the licence would be consistent with the objects of this Act and any prescribed criteria or other relevant provisions of an applicable aquaculture policy; and\n\t(i)\thas caused public notice of the application to be published on a website determined by the Minister or in a newspaper circulating generally in the State and invited interested persons to make written submissions on the application within the period allowed in the notice; and\n\t(5)\tThe Minister must, at the request of a person who has made a written submission to the Minister under subsection (3), give the person a written statement of the Minister's reasons for the decision made by the Minister in relation to the matter on which submissions were invited.\n50A—Term and renewal of licences other than corresponding licences\n\t(1)\tAn aquaculture licence other than a corresponding licence is granted for a term of 10 years or a lesser period specified in the licence, and is renewable for successive terms on application under this section.\n\t(2)\tAn application for renewal of an aquaculture licence—\n\t(a)\tmust be made to the Minister in the manner and form determined by the Minister; and\n\t(b)\tmust be accompanied by a fee of the amount prescribed by regulation.\n\t(3)\tAn applicant for renewal of an aquaculture licence must provide the Minister with any information required by the Minister in connection with the determination of the application, verified, if the Minister so requires, by statutory declaration.\n\t(4)\tThis section has effect subject to the power of the Minister to suspend or cancel an aquaculture licence.\n51—Licences may be held jointly\n\t(1)\tAn aquaculture licence may be held jointly by 2 or more persons.\n\t(2)\tIf a licence is held jointly by 2 or more persons, those persons are jointly and severally liable to meet the requirements of this Act imposed on a licensee.\n52—Licence conditions\n\t(1)\tOn the grant of an aquaculture licence, the Minister may impose licence conditions as contemplated by this Act or as the Minister considers necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting subsection (1), the licence conditions may—\n\t(a)\tlimit the activities authorised by the licence; and\n\t(b)\tprohibit or restrict the sale or supply of aquatic organisms farmed under the licence, for example, if the aquaculture is to be carried out for the purposes of research or a business involving tourism; and\n\t(c)\tregulate the storing, maintaining, repairing or cleaning of farming structures associated with the activity; and\n\t(d)\tin the case of a corresponding licence—regulate the towing of farming structures containing stock by means of navigable vessel to or from the area of the corresponding licence and the feeding of the stock or the taking of other action in relation to the stock during the movement of the stock.\n\t(3)\tThe Minister may vary licence conditions by written notice to the licensee—\n\t(a)\ton the renewal of the licence; or\n\t(b)\tif the licence is a corresponding licence or is granted or renewed for a term exceeding 1 year—at any time during the period of 3 months following the anniversary of the date on which the licence was granted or renewed; or\n\t(c)\tat any time—\n\t(i)\twith the consent of the licensee; or\n\t(ii)\tif the Minister considers that it is necessary to vary the condition—\n\t(A)\tin order to correct an error or make a change of form (not involving a change of substance); or\n\t(B)\tin order to prevent or mitigate significant environmental harm or the risk of significant environmental harm; or\n\t(C)\tin consequence of contravention of this Act by the licensee; or\n\t(D)\tin consequence of an amendment of the Act or the making, amendment or revocation of regulations or an aquaculture policy; or\n\t(iii)\tas provided by a licence condition or the regulations.\n\t(4)\tHowever, the variation of a licence condition will not take effect unless, in the case of a matter that is required to be referred to the EPA under section 59, the matter has been so referred and the EPA has approved the variation of the condition.\n\t(5)\tIf the public register includes a notation that a specified person has an interest in the licence, the licence may not be varied with the consent of the licensee unless the specified person consents to the variation.\n\t(6)\tAn application for the variation of conditions of a licence—\n\t(b)\tif the public register includes a notation that a specified person has an interest in the lease—must be accompanied by evidence that the person consents to the variation; and\n\t(7)\tA licensee must not contravene a condition of the licence.\n53—Annual fees\n\t(1)\tThe holder of an aquaculture licence must, each financial year not later than the date specified by the Minister by written notice to the holder, pay to the Minister a fee of the amount prescribed by regulation.\n\t(2)\tIf the holder of an aquaculture licence fails to pay a fee in accordance with this section, the Minister may, by written notice, require the holder to make good the default and, in addition, to pay to the Minister the amount prescribed by regulation as a penalty for default.\n\t(3)\tIf the holder of the licence fails to comply with the notice within the period (of at least 14 days) specified in the notice, the licence is suspended until the notice is complied with.\n\t(4)\tIf the holder of the licence fails to comply with the notice within 6 months after the giving of the notice, the licence is cancelled.\n\t(5)\tThe Minister must cause written notice of the suspension or cancellation to be given to the holder of the licence.\n55—Transfer of licences\n\t(1)\tAn aquaculture licence may be transferred by the licensee with the consent of the Minister.\n\t(2)\tThe holder of an aquaculture lease may exercise the right to transfer a corresponding licence (with the consent of the Minister) if the licensee is no longer entitled under the lease to occupy the licence area.\n\t(3)\tIf the public register includes a notation that a specified person has an interest in the licence, the Minister may only consent to the transfer if the specified person consents to the transfer.\n\t(4)\tAn application for the consent of the Minister to the transfer of an aquaculture licence—\n\t(b)\tif the public register includes a notation that a specified person has an interest in the licence—must be accompanied by evidence that the person consents to the transfer; and\n56—Surrender of licences\n\t(1)\tA licensee may, with the consent of the Minister, surrender the aquaculture licence to the Minister.\n\t(2)\tIf the public register includes a notation that a specified person has an interest in the aquaculture licence, the Minister may only consent to the surrender if the specified person consents to the surrender.\n\t(3)\tAn application for the consent of the Minister to the surrender of an aquaculture licence—\n\t(b)\tif the public register includes a notation that a specified person has an interest in the licence—must be accompanied by evidence that the person consents to the surrender; and\n57—Suspension or cancellation of licences\n\t(1)\tProper cause exists for the suspension or cancellation of an aquaculture licence if—\n\t(a)\tthe licensee obtained the licence improperly; or\n\t(b)\tthe licensee has failed to comply with a condition of the licence; or\n\t(c)\tthe licensee, or, in the case of a corporation, a director of the licensee, has committed an offence against this Act or any other law of this State or another State or Territory of the Commonwealth relating to aquaculture, fishing or environment protection; or\n\t(d)\ta relevant statutory authorisation held by the licensee, or, in the case of a corporation, a director of the licensee, has been cancelled or suspended or the licensee, or, in the case of a corporation, a director of the licensee, has been disqualified from obtaining such an authorisation.\n\t(2)\tIf proper cause exists for the suspension or cancellation of an aquaculture licence, the Minister may, by written notice to the licensee—\n\t(a)\tsuspend the licence for a specified period or until the Minister terminates the suspension; or\n\t(b)\tcancel the licence.\n\t(3)\tBefore the Minister suspends or cancels an aquaculture licence the Minister must give the licensee written notice—\n\t(a)\tspecifying the matters alleged to constitute proper cause for suspension or cancellation of the licence; and\n\t(b)\tstating the action that the Minister proposes to take; and\n\t(c)\tallowing the licensee a reasonable opportunity to show cause why the proposed action should not be taken.\n58—Power to require or carry out work\n\t(a)\ta licensee fails to take an action required by a condition of the licensee's aquaculture licence or by this Act; or\n\t(ab)\ton suspension of an aquaculture licence in respect of an area comprising or including State waters, the licensee fails to remove aquaculture stock, or aquaculture equipment, from the State waters; or\n\t(b)\ton cancellation or termination of an aquaculture licence in respect of an area comprising or including State waters, the former licensee fails to remove aquaculture equipment or stock from the State waters,\nthe Minister may, by written notice to the licensee or former licensee, direct the person to take the action, or to remove the equipment or stock (or both).\n\t(2)\tA person to whom a direction is given under subsection (1) must comply with the direction within the time allowed in the notice.\n\t(3)\tIf a person fails to comply with a direction under subsection (1) within the time allowed in the notice, the Minister may cause the required action to be taken, and may recover the cost, as a debt, from the person.\n\t(4)\tEquipment or stock removed by action taken by the Minister under subsection (3) is forfeited to the Crown and may be sold or otherwise disposed of as the Minister thinks fit.\n","sortOrder":12},{"sectionNumber":"Part 7A","sectionType":"part","heading":"Tourism development","content":"Part 7A—Tourism development\n58A—Preliminary\nIn this Part, unless the contrary intention appears—\naquaculture tourism development or development, means building work undertaken on land underlying State waters within the area of an aquaculture zone for the purposes of undertaking a commercial tourism activity, but does not include an activity, or activity of a class, prescribed by the regulations for the purposes of this definition;\naquaculture tourism development authorisation means an authorisation for aquaculture tourism development granted under section 58D(1);\nbuilding certifier has the same meaning as in the Planning, Development and Infrastructure Act 2016;\nBuilding Rules has the same meaning as in the Planning, Development and Infrastructure Act 2016;\nbuilding work has the same meaning as in the Planning, Development and Infrastructure Act 2016;\ncommercial tourism activity means a tourism activity undertaken for fee or reward;\nresponsible person in respect of aquaculture tourism development, means each of the following persons:\n\t(a)\tthe person by whom the development is undertaken;\n\t(b)\tany person who acquires the benefit of the development;\n\t(c)\ta person granted a tourism lease or tourism licence relating to the development;\ntourism lease—means a lease granted under section 58E(1);\ntourism licence—means a licence granted under section 58E(1).\n58B—Application of Planning, Development and Infrastructure Act 2016\nThe Planning, Development and Infrastructure Act 2016 does not apply to aquaculture tourism development.\n58C—Offence to carry out aquaculture tourism development\nA person must not carry out aquaculture tourism development unless authorised to do so under this Part.\n58D—Aquaculture tourism development authorisation\n\t(1)\tSubject to this Act, the Minister may, on application, authorise aquaculture tourism development within an aquaculture zone if the Minister is satisfied that the relevant building work and commercial tourism activity comprising the development—\n\t(a)\twill complement, promote, be of benefit to, or otherwise relate directly to aquaculture undertaken within the aquaculture zone; and\n\t(b)\tcan be undertaken in a manner that is ecologically sustainable; and\n\t(c)\tare consistent with the objects of this Act and any relevant provisions of an applicable aquaculture policy.\n\t(2)\tAn aquaculture tourism development authorisation will be subject to the following conditions:\n\t(a)\ta condition that before any building work is undertaken, the building work be certified by a building certifier as complying with the provisions of the Building Rules to the extent that is appropriate in the circumstances;\n\t(b)\tsuch other conditions as the Minister thinks fit.\n\t(3)\tA condition of an aquaculture tourism development authorisation—\n\t(a)\tis binding on, and enforceable against, each responsible person for the aquaculture tourism development; and\n\t(b)\tcontinues to apply in relation to the aquaculture tourism development and any related building or structure until—\n\t(i)\tthe condition is revoked by the Minister; or\n\t(ii)\tthe aquaculture tourism development authorisation is cancelled under subsection (8).\n\t(4)\tThe Minister may, subject to this Act, vary or revoke a condition applying under an aquaculture tourism development authorisation or impose a further condition on the authorisation—\n\t(a)\ton application by a responsible person for the development; or\n\t(b)\twith the consent of a responsible person for the development; or\n\t(c)\tif the Minister considers that it is necessary—\n\t(i)\tin order to correct an error or make a change of form (not involving a change of substance); or\n\t(ii)\tin order to prevent or mitigate significant environmental harm or the risk of significant environmental harm; or\n\t(iii)\tin order to prevent or mitigate a risk of harm to a person or a class of person; or\n\t(iv)\tin consequence of contravention of this Act by a person; or\n\t(v)\tin consequence of an amendment of the Act or the making, amendment or revocation of regulations or an aquaculture policy; or\n\t(d)\tas provided by a condition of the authorisation.\n\t(5)\tThe Minister must, before varying or revoking a condition or imposing a further condition under subsection (4), be satisfied that the aquaculture tourism development, subject to the proposed conditions, will be consistent with the matters in subsection (1).\n\t(6)\tHowever, the variation, revocation or imposition of a condition of an aquaculture tourism development authorisation will not take effect unless, in the case of a matter that is required to be referred to the EPA under section 59, the matter has been so referred and the EPA has approved the variation of the condition.\n\t(7)\tA person who contravenes, or fails to comply with, a condition of an aquaculture tourism development authorisation is guilty of an offence.\n\t(8)\tThe Minister may cancel an aquaculture tourism development authorisation—\n\t(a)\ton breach of a condition of the authorisation; or\n\t(b)\ton application made by a responsible person for the authorisation; or\n\t(c)\tin accordance with the terms of the authorisation.\n\t(9)\tThe cancellation of an aquaculture tourism development authorisation under subsection (8)(b) may be subject to such terms and conditions as the Minister thinks fit.\n\t(10)\tAn application under this section must—\n\t(a)\tbe made to the Minister in the manner and form required by the Minister; and\n\t(b)\tbe accompanied by the prescribed fee.\n58E—Tourism leases and tourism licences\n\t(1)\tSubject to this Part, the Minister may, in connection with an aquaculture tourism development authorisation in an aquaculture zone, grant a lease of, or a licence over, land underlying State waters within the aquaculture zone as the Minister considers appropriate for the purposes of the aquaculture tourism development.\n\t(2)\tA tourism lease or a tourism licence granted under subsection (1) will be subject to such terms and conditions as the Minister thinks fit (but must not be granted for a period greater than 30 years).\n58F—Concurrences and consents\n\t(1)\tThe power of the Minister to grant an aquaculture tourism development authorisation, a tourism lease or a tourism licence in relation to certain land is subject to—\n\t(a)\tif the land is vested in the Minister responsible for the administration of the Harbors and Navigation Act 1993, the requirement under section 15 of that Act for the concurrence of that Minister; and\n\t(b)\tif the land is vested in any other entity, the concurrence of that other entity; and\n\t(c)\tthe concurrence of any other entity that may be responsible for the care, control and management of the land.\n\t(2)\tAn aquaculture tourism development authorisation, a tourism lease or a tourism licence may only be granted in relation to certain land with the consent of—\n\t(a)\tif the land is located within the area of an aquaculture lease—\n\t(i)\tthe lessee of the aquaculture lease; and\n\t(ii)\tany person specified on the register under section 80(2a) as holding an interest in the aquaculture lease; and\n\t(b)\tif the land is located within the area of an aquaculture licence—\n\t(i)\tthe holder of the aquaculture licence; and\n\t(ii)\tany person specified on the register under section 80(2a) as holding an interest in the aquaculture licence.\n58G—Public notice\nBefore granting an aquaculture tourism development authorisation or a related tourism lease or tourism licence on application under this Part, the Minister must—\n\t(a)\tgive notice of the application by notice published on a website determined by the Minister or in a newspaper circulating generally in the State and in any other manner that the Minister thinks fit; and\n\t(b)\ttake into account any submissions received in response to the notice within a period following publication of the notice specified by the Minister (which must be at least 10 business days).\n58H—Power to require or carry out work\n\t(1)\tIf a person fails to take any action required to be taken by the person under a condition of an aquaculture tourism development authorisation, a tourism lease, a tourism licence, or imposed on the cancellation of an aquaculture tourism development authorisation, the Minister may, by written notice to the person, direct the person to take the relevant action.\n\t(2)\tA person to whom a direction is given under subsection (1) must comply with the direction within the time allowed in the notice.\n\t(3)\tIf a person fails to comply with a direction under subsection (1) within the time allowed in the notice, the Minister may cause the required action to be taken, and may recover the cost, as a debt, from the person.\n\t(4)\tAny property removed by action taken by the Minister under subsection (3) is forfeited to the Crown and may be sold or otherwise disposed of as the Minister thinks fit.\n58I—Removal of unauthorised development\n\t(1)\tIf a person carries out aquaculture tourism development without authorisation, the Minister may, by written notice to the person, direct the person to—\n\t(a)\tremove any built structure, infrastructure, plant, goods and other property connected to the development from the area; and\n\t(b)\treinstate and rehabilitate the area of the development, and any other affected area, to the condition existing before the development.\n\t(2)\tA person to whom a direction is given under subsection (1) must comply with the direction within the time allowed in the notice.\n\t(3)\tIf a person fails to comply with a direction under subsection (1) within the time allowed in the notice, the Minister may cause the required action to be taken, and may recover the cost, as a debt, from the person.\n\t(4)\tIf aquaculture tourism development has been carried out without an authorisation under this Part and the person responsible for carrying out the development cannot be found despite reasonable efforts, the Minister may—\n\t(a)\tcause action that may be required by direction under subsection (1) to be taken; and\n\t(b)\trecover the cost, as a debt, from any person found to be responsible for carrying out the aquaculture tourism development.\n\t(5)\tAny property removed by action taken by the Minister under subsection (3) or (4) is forfeited to the Crown and may be sold or otherwise disposed of as the Minister thinks fit.\n","sortOrder":13},{"sectionNumber":"Part 8","sectionType":"part","heading":"Reference of matters to EPA","content":"Part 8—Reference of matters to EPA\n59—Reference of matters to EPA\n\t(1)\tSubject to subsection (1a), the following matters are to be referred to the EPA:\n\t(a)\twhether a corresponding licence containing specified conditions should be granted in connection with an application for an aquaculture lease (other than an emergency lease);\n\t(b)\twhether an aquaculture licence (other than a corresponding licence) containing specified conditions should be granted on an application;\n\t(c)\twhether a variation should be made to the conditions of an aquaculture licence (other than standard conditions prescribed by an aquaculture policy);\n\t(d)\twhether a pilot lease should be converted to a production lease (other than a pilot lease in an area comprising or including State waters within an aquaculture zone);\n\t(e)\twhether an aquaculture tourism development authorisation containing specified conditions should be granted under Part 7A;\n\t(f)\twhether a variation should be made to the conditions of an aquaculture tourism development authorisation under Part 7A.\n\t(1a)\tSubsection (1) does not apply in the case of a specified condition referred to in subsection (1)(a), (b) or (e), a variation of the conditions of an aquaculture licence referred to in subsection (1)(c) or a variation of the conditions of an aquaculture tourism development authorisation referred to in subsection (1)(f) if—\n\t(a)\tthe Minister is satisfied that the condition or variation is administrative in nature; or\n\t(b)\tthe condition or variation is of a class approved by the EPA as not having, or being unlikely to have, an adverse effect on the environment.\n\t(1b)\tSubsection (1) does not apply in the case of an aquaculture tourism development authorisation of a class approved by the EPA as not having, or being unlikely to have, an adverse effect on the environment.\n\t(2)\tThe EPA may, by notice to the Minister, request that the EPA be provided with specified information to enable it to determine its response to a matter referred to it under this section.\n\t(3)\tThe EPA must make its response to the Minister within the prescribed period (which will be extended by any period that the Minister takes to provide information requested by the EPA or any period that the Minister thinks fit to allow).\n\t(4)\tThe EPA must, in determining its response to a matter referred to it under this section, have regard to, and seek to further, the objects of the Environment Protection Act 1993 and have regard to the general environmental duty and any relevant environment protection policies under that Act.\n\t(5)\tThe EPA is not subject to Ministerial direction in relation to the determination of its response to a matter referred to it under this section.\n\t(6)\tThe Minister may, before the EPA responds to a matter referred to it under this section, withdraw the reference or, at the request or with the consent of the EPA, vary the matter referred.\n\t(7)\tIf the EPA fails to make its response to the Minister within the period allowed under this section, it will be presumed that the EPA has responded that it approves the granting of the licence, the variation of the licence conditions, the conversion of the lease, the granting of the aquaculture tourism development authorisation or the variation of the aquaculture tourism development authorisation conditions (as the case may be).\n\t(8)\tThe Minister must ensure that the person directly affected by a matter referred to the EPA under this section is notified of the EPA's response.\n\t(9)\tIf the EPA's response is that it does not approve the granting of the licence, the variation of the licence conditions, the conversion of the lease, the granting of the aquaculture tourism development authorisation or the variation of the aquaculture tourism development authorisation conditions (as the case may be), the EPA must, at the request of the Minister, give the Minister a written statement of the EPA's reasons for its decision.\n","sortOrder":14},{"sectionNumber":"Part 9","sectionType":"part","heading":"Reviews","content":"Part 9—Reviews\n60—Reviews\n\t(a)\tan applicant for an aquaculture lease is dissatisfied with—\n\t(i)\ta decision of the Minister not to grant a corresponding licence; or\n\t(ii)\ta decision of the Minister fixing the conditions of a corresponding licence; or\n\t(b)\tan applicant for a corresponding licence is dissatisfied with a decision of the Minister not to grant the licence; or\n\t(c)\tan applicant for an aquaculture licence (other than a corresponding licence) is dissatisfied with—\n\t(i)\ta decision of the Minister not to grant the licence; or\n\t(ii)\ta decision of the Minister fixing the conditions of the licence; or\n\t(d)\tthe holder of an aquaculture licence is dissatisfied with—\n\t(i)\ta decision of the Minister varying the conditions of the licence; or\n\t(ii)\ta decision of the Minister refusing to consent to the transfer or surrender of the licence; or\n\t(iii)\ta decision of the Minister to suspend or cancel the licence; or\n\t(e)\tan applicant for an aquaculture tourism development authorisation under Part 7A is dissatisfied with—\n\t(i)\ta decision of the Minister not to grant an aquaculture tourism development authorisation, a tourism lease or a tourism licence under that Part; or\n\t(ii)\ta decision of the Minister fixing the conditions of an aquaculture tourism development authorisation, a tourism lease or a tourism licence under that Part,\nthe applicant for the licence or lease, or the holder of the licence, (as the case may be), may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the Minister's decision.\n\t(2)\tHowever, there is no right of review in relation to an application for a production lease or a corresponding licence if the application is made in response to a public call for applications and the application was not an application determined by the Minister under this Act to be a preferred application (see section 35(8)).\n\t(3)\tSubject to this section, an application for a review must be made within 1 month after the applicant receives notice of the relevant decision (or within such longer period as the Tribunal may allow).\n\t(4)\tThe Minister must, on application by a person affected by a decision that may be the subject of a review by the Tribunal, state in writing the reasons for the Minister's decision.\n\t(5)\tIf the reasons of the Minister are not given in writing at the time of making a decision and the person affected by the decision, within 1 month of the making of the decision, requires the Minister to state the Minister's reasons in writing, the time for applying for a review runs from the time when the person receives the written statement of those reasons.\n\t(6)\tFor the purposes of this Part, a response made by the EPA to the Minister within the time allowed under Part 8 that the EPA does not approve the granting of a licence will be taken to be a decision of the Minister that the licence will not be granted and the EPA's reasons for its decision will be taken to be the Minister's reasons.\n\t(7)\tThe EPA will be a party to a review of a decision of the Minister relating to any matter referred to the EPA under Part 8.\n","sortOrder":15},{"sectionNumber":"Part 10","sectionType":"part","heading":"Administration","content":"Part 10—Administration\n","sortOrder":16},{"sectionNumber":"Div 1","sectionType":"division","heading":"Minister","content":"Division 1—Minister\n60A—Guidelines for ATAB assessment of lease and corresponding licence applications\n\t(1)\tThe Minister may, by notice in the Gazette, publish guidelines for the assessment by ATAB of applications for leases and corresponding licences under this Act.\n\t(2)\tThe Minister may, by subsequent notice in the Gazette, vary or revoke the guidelines.\n\t(3)\tThe Minister must cause an up‑to‑date copy of the guidelines to be kept available for members of the public on an Internet site.\n61—Power of delegation\n\t(1)\tThe Minister 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 or any other 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.\n62—Acquisition of land\nLand (or any estate in land) may be acquired by the Minister for the purposes of this Act in accordance with the Land Acquisition Act 1969.\n","sortOrder":17},{"sectionNumber":"Div 3","sectionType":"division","heading":"Aquaculture Tenure Allocation Board","content":"Division 3—Aquaculture Tenure Allocation Board\n71—Establishment of Aquaculture Tenure Allocation Board\nThe Aquaculture Tenure Allocation Board (ATAB) is established.\n72—Functions of ATAB\nThe functions of ATAB are—\n\t(a)\tto advise the Minister (on its own initiative or at the request of the Minister) on any matter relating to the allocation of tenure for aquaculture; and\n\t(b)\tany other functions assigned to ATAB by this Act or the Minister.\n73—Membership of ATAB\n\t(1)\tATAB consists of 6 members appointed by the Governor of whom—\n\t(a)\t1 must be a person nominated by the Minister, who will be the presiding member of ATAB; and\n\t(b)\tat least 1 must be a qualified legal practitioner; and\n\t(c)\tat least 1 must have knowledge of, and experience in, business and commerce; and\n\t(d)\tat least 1 must have qualifications and experience in marine biology or environmental management; and\n\t(e)\tat least 1 must have knowledge of or relevant to the farming of aquatic organisms.\n\t(2)\tAt least 1 member of ATAB must be a woman and at least 1 must be a man.\n74—Terms and conditions of membership\n\t(1)\tA member of ATAB will be appointed on conditions determined by the Governor for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment.\n\t(2)\tThe Governor may appoint a person to be the deputy of a member of ATAB and the deputy may act as a member of ATAB during any period of absence of the member.\n\t(3)\tThe Governor may remove a member of ATAB from office—\n\t(a)\tfor breach of, or non-compliance with, a condition of appointment; or\n\t(b)\tfor misconduct; or\n\t(c)\tfor failure or incapacity to carry out official duties satisfactorily.\n\t(4)\tThe office of a member of ATAB becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tis removed from office under subsection (3).\n75—Remuneration\nA member of ATAB is entitled to remuneration, allowances and expenses determined by the Minister.\n76—Conflict of interest under Public Sector (Honesty and Accountability) Act\nA member of the ATAB will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with those engaged in or associated with the aquaculture industry generally, or a substantial section of those engaged in or associated with the aquaculture industry.\n77—Validity of acts of ATAB\nAn act or proceeding of ATAB is not invalid by reason only of a vacancy in its membership or a defect in the election or appointment of a member.\n78—Procedures of ATAB\n\t(1)\tA quorum of ATAB consists of 4 members.\n\t(2)\tIf the presiding member of ATAB is absent from a meeting of ATAB, a member chosen by the members present at the meeting will preside.\n\t(3)\tA decision carried by a majority of the votes cast by the members present at a meeting of ATAB is a decision of ATAB.\n\t(4)\tEach member present at a meeting of ATAB has one vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote.\n\t(5)\tA conference by telephone or other electronic means between the members of ATAB will, for the purposes of this section, be taken to be a meeting of ATAB at which the participating members are present if—\n\t(a)\tnotice of the conference is given to all members in the manner determined by ATAB for the purpose; and\n\t(b)\teach participating member is capable of communicating with every other participating member during the conference.\n\t(6)\tA proposed resolution of ATAB becomes a valid decision of ATAB despite the fact that it is not voted on at a meeting of ATAB if—\n\t(a)\tnotice of the proposed resolution is given to all members of ATAB in accordance with procedures determined by ATAB; and\n\t(b)\ta majority of the members express concurrence in the proposed resolution by letter, facsimile transmission, e-mail or other written communication setting out the terms of the resolution.\n\t(7)\tATAB must have accurate minutes kept of its meetings.\n\t(8)\tSubject to this Act, ATAB may determine its own procedures.\nDivision 4—Fund\n79—Aquaculture Fund\n\t(1)\tThe Aquaculture Fund is established.\n\t(2)\tThe Fund must be kept as directed by the Treasurer.\n\t(3)\tThe Fund is to consist of the following money:\n\t(a)\tthe prescribed percentage of fees (other than expiation fees) paid under this Act;\n\t(b)\texpiation fees and the prescribed percentage of penalties recovered in respect of offences against this Act;\n\t(c)\trent or any other amount (not being fees) paid to or recovered by the Minister under this Act;\n\t(d)\tany money appropriated by Parliament for the purposes of the Fund;\n\t(e)\tany money paid into the Fund at the direction or with the approval of the Minister and the Treasurer;\n\t(f)\tany income from investment of money belonging to the Fund;\n\t(g)\tany money paid into the Fund under any other Act.\n\t(4)\tThe Fund may be applied by the Minister (without further appropriation than this subsection)—\n\t(a)\tfor the purposes of any investigations or other projects relating to the management of aquaculture resources; or\n\t(ab)\tfor the purposes of research or development relating to the aquaculture industry; or\n\t(ac)\tfor the purposes of taking action to remove or recover aquaculture equipment or stock, or equipment used to mark‑off or indicate the boundaries of a marked‑off area of a lease, in accordance with this Act; or\n\t(b)\ttowards the costs of administration of this Act.\n\t(5)\tThe Minister may, with the approval of the Treasurer, invest any of the money belonging to the Fund that is not immediately required for the purposes of the Fund in such manner as is approved by the Treasurer.\nDivision 5—Public register\n80—Public register\n\t(1)\tThe Minister must maintain a public register.\n\t(2)\tThe register must contain—\n\t(a)\tin respect of each application for an aquaculture lease, for the conversion of a pilot lease to a production lease or for an aquaculture licence—\n\t(i)\tthe name of the applicant; and\n\t(ii)\ta description of the class of lease or licence sought; and\n\t(iii)\tin the case of a lease, a description of the lease area or proposed lease area; and\n\t(iv)\tin the case of a licence authorising aquaculture, a description of—\n\t(A)\tthe proposed licence area; and\n\t(B)\tthe species of aquatic organisms proposed to be farmed; and\n\t(C)\tthe farming system proposed to be used; and\n\t(b)\tthe terms and conditions of each aquaculture lease and aquaculture licence issued under this Act; and\n\t(c)\tthe names of the lessees and licensees; and\n\t(d)\tan accurate description of the area of the lease or licence; and\n\t(e)\ta summary of each environmental monitoring report furnished to the Minister in accordance with the regulations or the conditions of the licences; and\n\t(ea)\ta description of each application for an aquaculture tourism development authorisation and related tourism lease or tourism licence under Part 7A; and\n\t(eb)\ta description of each aquaculture tourism development authorisation, tourism lease and tourism licence granted under Part 7A; and\n\t(f)\tany other information (other than commercially sensitive information) the Minister considers appropriate to the public register.\n\t(2a)\tThe Minister must, on application by the holder of an aquaculture lease or licence, or a tourism lease or tourism licence under Part 7A, and payment of the fee fixed by regulation, make a notation on the register that a specified person nominated by the holder has an interest in the lease or licence.\n\t(2b)\tIf the register includes a notation that a specified person has an interest in an aquaculture lease or licence, or a tourism lease or tourism licence under Part 7A—\n\t(a)\tthe Minister must give written notice to that person of—\n\t(i)\tany proceedings for an offence against this Act commenced against the holder of the lease or licence setting out particulars of the alleged offence; and\n\t(ii)\tany notice given to the holder of the lease or licence proposing to cancel or not to renew the lease, suspend or cancel the licence or vary the lease or licence conditions; and\n\t(iii)\tany notice given to the holder of the lease or licence directing the holder to take action required by conditions of the lease or licence; and\n\t(b)\tthe Minister must, on application by that person, remove that notation from the register.\n\t(2c)\tThe Minister may remove from the register information relating to—\n\t(a)\tapplications that have been determined; or\n\t(b)\tleases or licences that have been cancelled or otherwise terminated.\n\t(3)\tThe public register may be kept in the form of a computer record.\n81—Public register to be available for inspection\n\t(1)\tThe public register is to be available for inspection, without fee, during ordinary office hours at a public office, or public offices, determined by the Minister.\n\t(2)\tThe Minister must ensure that copies of material on the public register can be purchased for a reasonable fee at the public office, or public offices, at which the register is kept available for inspection.\n\t(3)\tThe Minister must ensure that the public register can be inspected at a website determined by the Minister.\nDivision 6—Fisheries officers and their powers\n82—Fisheries officers and their powers\n\t(1)\tFisheries officers may exercise their powers under the Fisheries Management Act 2007 for the purposes of the administration and enforcement of this Act.\n\t(2)\tThis Act is to be read as if the provisions of Part 8 Division 1 Subdivision 2 and Subdivision 5 of the Fisheries Management Act 2007 were incorporated in this Act (subject to any modifications prescribed by regulation) together with any definitions contained in the Fisheries Management Act 2007 of terms used in those provisions.\n","sortOrder":18},{"sectionNumber":"Part 10A","sectionType":"part","heading":"Compliance with general environmental duty and environment protection policies","content":"Part 10A—Compliance with general environmental duty and environment protection policies\n82A—Administration of general environmental duty and environment protection policies by Minister and fisheries officers\n\t(1)\tFor the purposes of the Environment Protection Act 1993—\n\t(a)\tthe Minister will be taken to be an administering agency; and\n\t(b)\tas an administering agency, the Minister will be taken to have the function of administering, enforcing and giving effect to the general environmental duty and environment protection policies under that Act in relation to—\n\t(i)\tactivities carried out or purportedly carried out under an aquaculture lease or licence; or\n\t(ii)\tactivities prescribed by regulation; and\n\t(c)\tsections 18B and 18D of that Act will be taken not to apply to the Minister as an administering agency; and\n\t(d)\tthe conferral of the function on the Minister as an administering agency is not to be taken to limit or affect the performance of that function by the EPA; and\n\t(e)\ta reference in that Act to an administering agency is, in relation to the Minister, a reference to the administering agency only in relation to the function conferred on the Minister as an administering agency; and\n\t(f)\tthe Minister may exercise the power of the EPA to appoint a fisheries officer to be an authorised officer for the purposes of the function conferred on the Minister as an administering agency.\n\t(2)\tAny matter relating to the performance of the function conferred on the Minister as an administering agency may be disclosed to the EPA.\n","sortOrder":19},{"sectionNumber":"Part 11","sectionType":"part","heading":"Miscellaneous","content":"Part 11—Miscellaneous\n82B—Death, bankruptcy etc of lessee or licensee\n\t(1)\tIf a person holding an aquaculture lease or an aquaculture licence, or a tourism lease or tourism licence under Part 7A, dies, the personal representative of the deceased, or some other person approved by the Minister on application, is to be taken to hold the lease or licence in the place of the deceased as from the date of the death until the expiration of 2 years from that date, or until such later day as may be fixed by the Minister.\n\t(2)\tIf a person holding an aquaculture licence becomes bankrupt or insolvent, the official receiver may carry on aquaculture under the licence as if the official receiver held the licence in place of the person.\n\t(3)\tIf a body corporate holding an aquaculture licence is being wound up or is under administration, receivership or official management, a person vested by law with power to administer the affairs of the body corporate may carry on aquaculture under the licence as if the person held the licence in place of the body corporate.\n83—Annual reports\n\t(1)\tThe administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act must, on or before 30 September in each year, present a report to the Minister on the operation and administration of this Act during the previous financial year.\n\t(2)\tA report required under this section may be incorporated in the annual report of the relevant administrative unit.\n\t(3)\tThe Minister must, within 12 sitting days after receipt of a report under this section, cause copies of the report to be laid before each House of Parliament.\n85—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this Act.\nMaximum penalty: $5 000.\n86—Service of documents\n\t(1)\tA notice or document required or authorised 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—\n\t(i)\tat the person's last known address; or\n\t(ii)\tat the person's address for service; or\n\t(c)\tbe left for the person at the address for service with someone apparently over the age of 16 years; or\n\t(d)\tbe transmitted by facsimile transmission or e-mail to a facsimile number or e‑mail address provided by the person (in which case the notice or document will be taken to have been given or served at the time of transmission).\n\t(2)\tThe address for service of a lessee or licensee under this Act is the address for the person that appears in the public register maintained by the Minister under this Act.\n87—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.\n88—Liability of directors\n\t(1)\tIf a corporation is guilty of an offence against section 17, 58, 58C or 58H(2), each director of the corporation is guilty of an offence and is liable to the same penalty as is prescribed for the principal offence unless the director proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.\n\t(1a)\tIf a corporation is guilty of an offence against section 16, 52 or 58D(7), each director of the corporation is guilty of an offence and is liable to the same penalty as is prescribed for the principal offence when committed by a natural person if the prosecution proves that—\n\t(a)\tthe director knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and\n\t(b)\tthe director was in a position to influence the conduct of the corporation in relation to the commission of such an offence; and\n\t(c)\tthe director failed to exercise due diligence to prevent the commission of the offence.\n\t(2)\tA director of a corporation may be prosecuted and convicted of an offence under this section whether or not the corporation has been prosecuted or convicted of the offence committed by the corporation.\n89—General defence\n\t(1)\tIt 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.\n\t(2)\tThis section does not apply in relation to a person who is charged with an offence under section 88.\n89A—Confidentiality\n\t(1)\tA person engaged or formerly engaged in the administration of this Act must not divulge or communicate any information relating to trade processes or financial 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.\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.\n90—Evidentiary\n\t(1)\tIn proceedings for an offence against this Act, an apparently genuine document purporting to be a certificate signed by the Minister certifying—\n\t(a)\tthat a person named in the certificate was at a specified time a delegate of the Minister unconditionally or subject to specified conditions; or\n\t(b)\tthat a person named in the certificate was or was not at a specified time the holder of a specified aquaculture lease or licence; or\n\t(c)\tthat a provision set out in the certificate was at a specified time a condition of a specified aquaculture lease or licence; or\n\t(d)\tthat a person named in the certificate was or was not at a specified time a responsible person for a specified aquaculture tourism development authorisation under Part 7A; or\n\t(e)\tthat a person named in the certificate was or was not at a specified time the holder of a specified tourism lease or tourism licence under Part 7A,\nis, in the absence of proof to the contrary, proof of the matters certified.\n\t(2)\tIn proceedings for an offence against this Act, an allegation in the complaint—\n\t(a)\tthat a person named in the complaint was an authorised person on a specified day in relation to a specified marked-off area; or\n\t(b)\tthat a person named in the complaint was at a specified time a fisheries officer; or\n\t(c)\tthat an organism in relation to which an act or omission is alleged to have been done or made was an aquatic organism of a specified species or was an aquatic organism having a specified characteristic,\nis, in the absence of proof to the contrary, proof of the matter alleged.\n\t(3)\tIn proceedings for an offence against this Act, evidence of a distance, height, depth or position as determined by the use of an electronic, sonic, optical, mechanical or other device by a fisheries officer or any other competent person will, in the absence of proof to the contrary, be accepted as proof of the distance, height, depth or position.\n\t(4)\tIn proceedings for an offence against this Act, a statement made in evidence by a fisheries officer that a place or area described or indicated by him or her was or was not within a specified aquaculture lease or licence area or a specified marked-off area will, in the absence of proof to the contrary, be accepted as proof of the matter so stated.\n\t(5)\tIn proceedings for an offence against this Act, if it is proved that aquatic organisms were present in the area of a licence at a specified time or date it will be presumed, in the absence of proof to the contrary, that the aquatic organisms were being farmed for the purposes of trade or business or research at that time or date.\n91—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), those regulations may make provision for or relating to—\n\t(a)\tthe furnishing to the Minister by a lessee or licensee of information, records or periodic returns relating to aquaculture carried on in the area of the lease or licence; and\n\t(b)\tfees in respect of any matter under this Act and the payment, recovery, refund or waiver of fees payable under this Act; and\n\t(ba)\tthe division of lease areas into separate lease areas or the division of licence areas into separate licence areas; and\n\t(bb)\tthe amalgamation of lease areas or licence areas; and\n\t(bc)\tthe storing, maintaining, repairing or cleaning of a farming structure in State waters; and\n\t(bd)\tthe towing by vessel of a farming structure containing stock; and\n\t(c)\texemptions (conditional or unconditional) from specified provisions of this Act or providing for the Minister to grant exemptions (conditional or unconditional) from specified provisions of the regulations; and\n\t(d)\tfines (not exceeding $10 000) for offences against the regulations; and\n\t(da)\texpiation fees (not exceeding $1 000) for alleged offences against the regulations; and\n\t(e)\tfacilitation of proof of the commission of offences against the regulations.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general application or vary in their application according to prescribed factors;\n\t(b)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister.\nLegislative history\nNotes\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 Aquaculture Act 2001 amended the following:\nEnvironment Protection Act 1993\nFisheries Act 1982\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Aquaculture Act 2001\n6.12.2001\n1.7.2002 (Gazette 27.6.2002 p2681) except ss 49, 50 and Pt 10 Div 4—11.11.2002 (Gazette 31.10.2002 p3978)\n River Murray Act 2003\n31.7.2003\nSch (cl 2)— 24.11.2003 (Gazette 20.11.2003 p4203)\n Adelaide Dolphin Sanctuary Act 2005\n14.4.2005\nSch 2 (cll 2—4)—1.7.2005 (Gazette 2.6.2005 p1684)\n Fisheries Management Act 2007\n8.3.2007\nSch 2 (cl 2)—1.12.2007 (Gazette 15.11.2007 p4241)\n Marine Parks Act 2007\n29.11.2007\nSch 1 (cll 2—4)—6.11.2008 (Gazette 6.11.2008 p5055)\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 16 (ss 31—33)—1.2.2010 (Gazette 28.1.2010 p320)\n Statutes Amendment (Personal Property Securities) Act 2011\n14.4.2011\nPt 2 (s 4)—16.6.2011 (Gazette 16.6.2011 p2610)\n Aquaculture (Miscellaneous) Amendment Act 2012\n12.7.2012\nSch 1 (Pts 1 & 4)—12.7.2012: s 2(1); Pt 2 (ss 4—53) & Sch 1 (Pts 2 & 3)—25.10.2012 (Gazette 25.10.2012 p4768)\n Statutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 5 (ss 8 & 9)—17.6.2013 (Gazette 6.6.2013 p2498)\n Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n18.6.2015\nPt 5 (ss 33—36)—1.7.2015 (Gazette 25.6.2015 p3076)\n Statutes Amendment (Planning, Development and Infrastructure) Act 2017\n28.2.2017\nPt 5 (ss 16 & 17)—1.7.2019 (Gazette 27.6.2019 p2322)\n Statutes Amendment and Repeal (Simplify) Act 2017\n15.3.2017\nPt 2 (ss 4—9)—1.7.2017 (Gazette 22.6.2017 p2224)\n Statutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 6 (ss 20 to 22)—14.12.2017 (Gazette 12.12.2017 p4960)\n Statutes Amendment and Repeal (Simplify) Act 2019\nPt 5 (ss 7 to 14)—3.10.2019: s 2(1)\n Aquaculture (Tourism Development) Amendment Act 2021\n9.12.2021\n9.12.2023 (s 27(6) Legislation Interpretation Act 2021)\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\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 3\n\nAAC\ndeleted by 8/2015 s 33\nAdelaide Dolphin Sanctuary\ninserted by 5/2005 Sch 2 (cl 2(1))\naquaculture emergency zone\ndeleted by 27/2012 s 4(1)\naquaculture equipment\ninserted by 27/2012 s 4(1)\naquaculture lease or lease\naquaculture lease amended to read aquaculture lease or lease by 27/2012 s 4(2)\naquaculture licence\ndeleted by 27/2012 s 4(3)\naquaculture licence or licence\ninserted by 27/2012 s 4(3)\ndevelopment lease\ndeleted by 27/2012 s 4(4)\nfarming structures\ninserted by 27/2012 s 4(5)\nfisheries officer\namended by 27/2012 s 4(6)\nmarine park\ninserted by 60/2007 Sch 1 cl 2(1)\nMinister for the Adelaide Dolphin Sanctuary\ninserted by 5/2005 Sch 2 (cl 2(2))\n\ndeleted by 60/2007 Sch 1 cl 2(2)\nMinister's assessment guidelines\ninserted by 27/2012 s 4(7)\nMurray-Darling Basin\ninserted by 35/2003 Sch cl 2(a)\nprospective aquaculture zone\ndeleted by 27/2012 s 4(8)\npublic call area\ninserted by 27/2012 s 4(9)\npublic register\ninserted by 27/2012 s 4(9)\nrelevant Act\ninserted by 60/2007 Sch 1 cl 2(3)\nrelevant Minister\ninserted by 60/2007 Sch 1 cl 2(3)\nrelevant statutory authorisation\ninserted by 27/2012 s 4(10)\nresearch lease\ninserted by 27/2012 s 4(10)\nRiver Murray Protection Area\ninserted by 35/2003 Sch cl 2(b)\nspecially protected area\ninserted by 60/2007 Sch 1 cl 2(4)\nsuitable person\ninserted by 27/2012 s 4(11)\nTribunal\ninserted by 51/2017 s 20\nvariation of licence conditions\ninserted by 7/2017 s 4\nvary licence conditions\ninserted by 27/2012 s 4(11)\n\ndeleted by 7/2017 s 4\ns 4A\ninserted by 27/2012 s 5\ns 6A\ninserted by 11/2011 s 4\n16.6.2011\ns 7\n\ns 7(1)\ns 7 amended and redesignated as s 7(1) by 27/2012 s 6(1), (2)\ns 7(2)\ninserted by 27/2012 s 6(2)\n\namended by 5/2017 s 16\nPt 4\n\ns 11\n\ns 11(2)\namended by 27/2012 s 7(1), (2)\n\n(d) deleted by 27/2012 s 7(3)\ns 11(3a)\ninserted by 35/2003 Sch cl 2(c)\n\nsubstituted by 60/2007 Sch 1 cl 3\ns 11(3b)\ninserted by 5/2005 Sch 2 (cl 3)\n\ndeleted by 60/2007 Sch 1 cl 3\ns 11(3b)\ninserted by 27/2012 s 7(4)\ns 12\n\ns 12(2)\ndeleted by 8/2015 s 34(1)\ns 12(3)\namended by 27/2012 s 8\n\namended by 5/2017 s 17\ns 12(5)\namended by 7/2017 s 5(1)\ns 12(5a)\ninserted by 7/2017 s 5(2)\ns 12(6)\nsubstituted by 8/2015 s 34(2)\ns 12(7)\ndeleted by 8/2015 s 34(2)\ns 12(7a)\ninserted by 35/2003 Sch cl 2(d)\n\nsubstituted by 60/2007 Sch 1 cl 4\ns 12(7b)\ninserted by 5/2005 Sch 2 (cl 4)\n\nsubstituted by 60/2007 Sch 1 cl 4\ns 12(7c)\ninserted by 5/2005 Sch 2 (cl 4)\n\ndeleted by 60/2007 Sch 1 cl 4\ns 13\n\ns 13(3a)\ninserted by 27/2012 s 9(1)\ns 13(9)\ninserted by 27/2012 s 9(2)\ns 14\n\ns 14(1)\namended by 27/2012 s 10\ns 16\namended by 27/2012 s 11\nPt 5\n\ns 17\nsubstituted by 27/2012 s 12\nPt 6\n\nPt 6 Div 1\n\ns 19\nsubstituted by 27/2012 s 13\ns 20\nsubstituted by 27/2012 s 14\ns 22\n\ns 22(1)\nsubstituted by 27/2012 s 15(1)\ns 22(2)\namended by 27/2012 s 15(2)\ns 22(2a)—(2d)\ninserted by 27/2012 s 15(3)\ns 22(3)\namended by 27/2012 s 15(4)\ns 22(5)\namended by 27/2012 s 15(5)\nss 23 and 24\ndeleted by 27/2012 s 16\ns 25\nsubstituted by 27/2012 s 16\ns 25A\ns 25A(3)\namended by 7/2017 s 6\ns 25B\ns 25B(2)\nsubstituted by 25/2019 s 7\nss 25C and 25D\ns 26\n(b) deleted by 27/2012 s 17(1)\n\namended by 27/2012 s 17(2)\nPt 6 Div 2\n\ns 28\nsubstituted by 27/2012 s 18\ns 28(1)\namended by 25/2019 s 8\ns 29\n\ns 29(2)\namended by 27/2012 s 19(1)\ns 29(3)\namended by 27/2012 s 19(2)\nPt 6 Div 3\ndeleted by 27/2012 s 20\nPt 6 Div 4\n\ns 34\ns 35\ns 35(3)\namended by 25/2019 s 9(1)\ns 35(9)\namended by 25/2019 s 9(2)\ns 36\ns 36(3)\namended by 25/2019 s 10\ns 37\n\ns 37(1)\ns 37(2)\namended by 27/2012 s 22(1), (2)\ns 37(3)\namended by 27/2012 s 22(1), (3), (4)\ns 37(4)\namended by 27/2012 s 22(1)\ns 37(4a)\ninserted by 27/2012 s 22(5)\ns 37(5)\ns 37(5a)\ninserted by 27/2012 s 22(6)\ns 37(6) and (7)\ns 38\n\ns 38(1)\nsubstituted by 25/2019 s 11\ns 38(1a) and (1b)\ninserted by 25/2019 s 11\ns 38(3)\namended by 27/2012 s 23\ns 39\nsubstituted by 27/2012 s 24\nPt 6 Div 4A\ninserted by 27/2012 s 25\ns 39A\n\ns 39A(3)\namended by 25/2019 s 12\nPt 6 Div 5\n\ns 40\nsubstituted by 27/2012 s 26\nss 41 and 42\ndeleted by 27/2012 s 26\ns 44\n\ns 44(1)\namended by 27/2012 s 27(1)\ns 44(2)\namended by 27/2012 s 27(2)\ns 44(3)\namended by 27/2012 s 27(3)\ns 44A\ninserted by 27/2012 s 28\nPt 6 Div 6\n\ns 47\n\ns 47(1)\namended by 27/2012 s 29\nPt 6 Div 7\ninserted by 27/2012 s 30\nPt 7\n\ns 49\n\ns 49(1)\ndeleted by 27/2012 s 31(1)\ns 49(2)\namended by 27/2012 s 31(2)\ns 49(3)\namended by 27/2012 s 31(3)\ns 50\n\ns 50(1) and (2)\ndeleted by 27/2012 s 32(1)\ns 50(3)\namended by 27/2012 s 32(2), (3)\n\namended by 25/2019 s 13\ns 50(4)\ndeleted by 27/2012 s 32(4)\ns 50(5)\namended by 27/2012 s 32(5)\ns 50A\ninserted by 27/2012 s 33\ns 52\nsubstituted by 27/2012 s 34\ns 52(4)\namended by 7/2017 s 7\ns 53\nsubstituted by 27/2012 s 34\ns 54\ndeleted by 27/2012 s 34\ns 55\n\ns 55(3) and (4)\ninserted by 27/2012 s 35\ns 56\nsubstituted by 27/2012 s 36\ns 57\n\ns 57(1)\namended by 27/2012 s 37(1), (2)\ns 58\n\ns 58(1)\namended by 27/2012 s 38(1), (2)\nPt 7A\ninserted by 48/2021 s 4\nPt 8\n\ns 59\n\ns 59(1)\namended by 27/2012 s 39(1)—(4)\n\n(e) deleted by 27/2012 s 39(5)\n\namended by 7/2017 s 8(1)\n\namended by 48/2021 s 5(1)\ns 59(1a)\ninserted by 7/2017 s 8(2)\n\namended by 48/2021 s 5(2), (3)\ns 59(1b)\ninserted by 48/2021 s 5(4)\ns 59(7)\namended by 48/2021 s 5(5)\ns 59(9)\namended by 48/2021 s 5(6)\nPt 9 before substitution by 51/2017\n\ns 60\n\ns 60(1)\namended by 27/2012 s 40(1)\ns 60(1a)\ninserted by 27/2012 s 40(2)\ns 60(3)\namended by 27/2012 s 40(3)\nsubstituted by 51/2017 s 21\ns 60\n\ns 60(1)\namended by 48/2021 s 6\ns 60(2)\namended by 25/2019 s 14\nPt 10\n\nPt 10 Div 1\n\ns 60A\ninserted by 27/2012 s 41\nPt 10 Div 2 before deletion by 8/2015\n\ns 65\n\ns 65(1)\namended by 27/2012 s 42(1), (2)\ns 68\nsubstituted by 84/2009 s 31\nPt 10 Div 2\ndeleted by 8/2015 s 35\nPt 10 Div 3\n\ns 73\n\ns 73(1)\namended by 27/2012 s 43\ns 76\nsubstituted by 84/2009 s 32\nPt 10 Div 4\n\ns 79\n\ns 79(1)\namended by 27/2012 s 44(1)\ns 79(3)\namended by 27/2012 s 44(2)\ns 79(4)\namended by 27/2012 s 44(3)\nPt 10 Div 5\n\ns 80\n\ns 80(2)\namended by 27/2012 s 45(1), (2)\n\namended by 48/2021 s 7(1)\ns 80(2a)\n\namended by 48/2021 s 7(2)\ns 80(2b)\n\namended by 48/2021 s 7(3)\ns 80(2c)\nPt 10 Div 6\n\ns 82\n\ns 82(1)\namended by 4/2007 Sch 2 cl 2(1)\ns 82(2)\namended by 4/2007 Sch 2 cl 2(1), (2)\n\namended by 27/2012 s 46\nPt 10A\ninserted by 27/2012 s 47\nPt 11\n\ns 82B\ninserted by 27/2012 s 48\ns 82B(1)\namended by 48/2021 s 8(1), (2)\ns 84\ndeleted by 84/2009 s 33\ns 88\n\ns 88(1)\nsubstituted by 16/2013 s 8\n\namended by 48/2021 s 9(1)\ns 88(1a)\ninserted by 16/2013 s 8\n\namended by 48/2021 s 9(2)\ns 89\n\ns 89(1)\ns 89 redesignated as s 89(1) by 16/2013 s 9\ns 89(2)\ninserted by 16/2013 s 9\ns 89A\ninserted by 27/2012 s 49\ns 90\n\ns 90(1)\namended by 48/2021 s 10\ns 90(5)\ninserted by 27/2012 s 50\ns 91\n\ns 91(2)\namended by 27/2012 s 51\ns 92\ndeleted by 27/2012 s 52\nSch before deletion by 27/2012\n\nPt 1\nomitted under Legislation Revision and Publication Act 2002\nSch\ndeleted by 27/2012 s 53\nTransitional etc provisions associated with Act or amendments\nAquaculture (Miscellaneous) Amendment Act 2012, Sch 1\nPart 3—Transitional provisions\n3—Aquaculture zones to be taken to be public call areas\nUntil an aquaculture policy identifying an aquaculture zone is first amended following the commencement of this clause so as to designate the zone or part of the zone as a public call area, the whole of the zone will be taken to be a public call area for the purposes of the principal Act.\n4—Development leases and corresponding licences to continue as production leases and corresponding licences\nThe following provisions apply in relation to a development lease in force under the principal Act immediately before the commencement of this clause:\n\t(a)\tthe development lease will be taken to be a production lease;\n\t(b)\tthe conditions of the production lease will be the same as the conditions of the development lease;\n\t(c)\tthe term of the production lease will be the balance of the term of the development lease;\n\t(d)\ta corresponding licence in relation to the development lease will be taken to be a corresponding licence in relation to the production lease.\n5—Application of amendments to existing leases and licences\nThe amendments to the principal Act effected by this amending Act apply to an aquaculture lease or aquaculture licence whether granted before or after the commencement of the amendment.\n6—Variation of existing leases by Minister on renewal\n\t(1)\tThe Minister may, when an aquaculture lease is first renewed following commencement of this clause, by written notice to the holder of the lease, vary the conditions of the lease so as to include conditions of a kind that could be included in the lease if it were being granted for the first time.\n\t(2)\tBefore taking action under subclause (1), the Minister must give—\n\t(a)\tthe holder of the aquaculture lease; and\n\t(b)\tif the public register includes a notation that a specified person has an interest in the lease—the specified person,\na reasonable opportunity to make submissions on the proposed action.\nPart 4—Validation provisions\n7—Aquaculture leases and licences\nAll aquaculture leases and licences purportedly granted or transferred to a person or purportedly converted, renewed or varied before the commencement of this clause are declared to have been validly granted or transferred to the person or converted, renewed or varied despite a lack of power or regularity affecting the grant, transfer, conversion, renewal or variation and the leases and licences (as granted, transferred, converted, renewed or varied) are to be taken to have been valid from their inception.\n8—Delegations\nIf a Public Service employee has, before the date of assent to this Act, purported to exercise a power or function of the Minister under the principal Act, and the exercise of that power or function would have been valid if it had been carried out pursuant to a valid delegation by the Minister, the exercise of that power or function will be taken to have been valid.\n9—Regulations and policies\nThe Aquaculture Variation Regulations 2006 and, until its revocation, the Aquaculture (Standard Lease Conditions) Policy 2005 have the same force and effect, and will be taken to always have had the same force and effect, as if made under the principal Act as amended by this Act.\nStatutes Amendment (Board and Committees—Abolition and Reform) Act 2015\n36—Transitional provision\nA member of the Aquaculture Advisory Committee ceases to hold office on the commencement of this section.\nStatutes Amendment and Repeal (Simplify) Act 2017\n9—Transitional provision\nIf an application for an aquaculture lease, aquaculture licence or variation to the conditions of an aquaculture licence has been made but not yet determined under the Aquaculture Act 2001 immediately before the commencement of this clause, the application is to be determined under the Aquaculture Act 2001 as in force immediately before that commencement.\nStatutes Amendment (SACAT No 2) Act 2017\n22—Transitional provisions\n\t(1)\tA right to appeal to the Administrative and Disciplinary Division of the District Court under section 60 of the principal Act in relation to a matter in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.\n\t(2)\tNothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced under the principal Act before the relevant day.\n\t(3)\tIn this section—\nprincipal Act means the Aquaculture Act 2001;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\nReprint No 1—24.11.2003\n\n16.6.2011\n\n12.7.2012 (electronic only)\n\n","sortOrder":20}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2812},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"Originally enacted to regulate marine and inland aquaculture farming, the Act has significantly expanded beyond its original scope. The 2021 addition of Part 7A introduced aquaculture tourism development (allowing commercial tourism infrastructure within aquaculture zones), transforming the Act from purely agricultural regulation into a combined primary industry and tourism development framework. Additionally, the Act has accumulated complex environmental governance layers, including EPA oversight integration, 'specially protected area' concurrence requirements, and the ecologically sustainable development principle, moving beyond simple licensing into comprehensive environmental and land-use planning territory."},"complexity_factors":["30+ defined terms in the interpretation section (section 3), including nested definitions like 'farming structures' and 'aquaculture equipment'","Extensive cross-referencing to at least 6 other South Australian Acts (Environment Protection Act 1993, Fisheries Management Act 2007, Planning, Development and Infrastructure Act 2016, Harbors and Navigation Act 1993, etc.)","Four distinct lease classes (pilot, production, research, emergency) each with unique statutory rules regarding term limits, transferability, renewal rights, and conversion pathways","Complex administrative procedures including public calls for applications (competitive tenders), ATAB merit assessments, and mandatory EPA referrals with exceptions for 'administrative' changes","Nested conditional logic in Part 8 (section 59) establishing when EPA approval is and isn't required for licence variations","Integration with 'specially protected areas' (marine parks, Adelaide Dolphin Sanctuary, River Murray Protection Areas) requiring concurrence from multiple Ministers","Legislative history showing 21 years of amendments (2001-2021) adding layers such as tourism development, personal property securities exclusions, and SACAT jurisdiction","Dual enforcement mechanisms: specific offences under the Act plus incorporation of Fisheries Management Act powers through section 82"],"plain_english_summary":"**What this law does**\n\nThis Act regulates **aquaculture** (farming fish, shellfish, or other aquatic organisms for business, trade, or research) in South Australia. It creates a comprehensive permit system controlling who can farm aquatic animals, where they can operate, and how they must manage their environmental impact.\n\n**Who it affects**\n\n*   Commercial fish farmers and aquaculture businesses\n*   Research organisations conducting aquatic studies\n*   Tourism operators wanting to build facilities (like restaurants or viewing platforms) within aquaculture zones\n*   The Environment Protection Authority (EPA) and fisheries officers\n*   Anyone seeking to use state waters or adjacent land for farming aquatic organisms\n\n**Key features**\n\n*   **Licences and Leases**: To farm legally, you generally need both a **licence** (permission to conduct aquaculture activities) and a **lease** (permission to exclusively occupy a specific area of water). The Act creates four distinct lease types with different rules:\n    *   **Pilot leases**: Short-term (up to 5 years total) for testing new operations outside established zones\n    *   **Production leases**: Long-term commercial leases (up to 30 years) within designated aquaculture zones\n    *   **Research leases**: For scientific projects (up to 5 years, aligned with project duration)\n    *   **Emergency leases**: Temporary permits (up to 6 months) to protect the environment or save endangered stock during crises\n\n*   **Zoning system**: The Minister can declare **aquaculture zones** (where farming is encouraged), **public call areas** (where leases are allocated through competitive tender or public application), and **exclusion zones** (where farming is banned to protect sensitive areas like marine parks or the Adelaide Dolphin Sanctuary).\n\n*   **Aquaculture Tenure Allocation Board (ATAB)**: An independent advisory body that assesses lease applications against environmental and business criteria before the Minister makes a decision.\n\n*   **Environmental protection**: Most licence applications and lease conversions must be referred to the EPA for approval to ensure they meet \"ecologically sustainable development\" standards—meaning they protect biodiversity and avoid serious environmental harm.\n\n*   **Aquaculture tourism**: Since 2021, the Act allows developers to build tourism facilities on land underlying aquaculture zones (like pontoons or cafes), provided they complement the aquaculture operations and meet building standards.\n\n*   **Public transparency**: All licences, leases, and applications are recorded in a public register. People with financial interests in leases (like banks) can register their interest to receive legal notices about changes.\n\n*   **Enforcement**: Fisheries officers can inspect operations, and penalties apply for farming without a licence (up to $35,000), interfering with aquaculture equipment (up to 2 years imprisonment), or providing false information.\n\n**Why it matters**\n\nThe Act attempts to balance economic development with environmental protection. It provides the aquaculture industry with long-term security of tenure (property rights over water areas) while ensuring farming activities don't damage marine ecosystems, the River Murray, or specially protected areas. It also establishes clear rules for resolving disputes through the South Australian Civil and Administrative Tribunal."},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was available for review. The page returned was an error page from the SA legislation website, not the text of the Aquaculture Act 2001."},"complexity_factors":["No legislative content was returned — the source URL produced a 'Page Not Found' error","Analysis is impossible without access to the actual statutory text, provisions, schedules, or amendments","Complexity score of 1 reflects the absence of content to assess, not the underlying Act's complexity"],"plain_english_summary":"**⚠️ Content Unavailable — Page Not Found**\n\nThe legislation content for the **Aquaculture Act 2001 (SA)** could not be retrieved. The link or bookmark used to access this South Australian law appears to be outdated following a website update on **24 March 2026**.\n\n**What we know about this Act generally:**\nThe Aquaculture Act 2001 is a South Australian law that regulates the farming of aquatic organisms (fish, shellfish, seaweed, etc.) in SA waters. It governs who can operate aquaculture (fish farming) businesses, what licences are required, where farming can occur, and what environmental conditions must be met.\n\n**Who it affects:**\n- Aquaculture business operators (e.g., oyster, mussel, tuna, and salmon farmers)\n- People seeking to start a fish farming operation in SA\n- Environmental regulators and coastal managers\n- Indigenous communities with interests in SA marine areas\n\n**To access the actual text**, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search for \"Aquaculture Act 2001\" directly, or email OPCWeb@sa.gov.au to report the broken link."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s scope has been broadened since the original 2001 enactment through multiple amendments recorded in the legislative history. Notable scope expansions in the text include: the creation of research leases and corresponding licences (Part 6 Division 4A, ss39A–39D inserted 2012), the addition of a specific aquaculture tourism development regime including tourism leases/licences and an exemption from ordinary planning law for such development (Part 7A, ss58A–58I inserted by the Aquaculture (Tourism Development) Amendment Act 2021), and the Minister’s role in administering certain environmental duties under the Environment Protection Act (s82A inserted 2012). The public register and related interest‑notation and notification powers have also been expanded (s80 as amended). These changes extend the Act beyond a pure lease/licence allocation regime to include tourism development approvals, dedicated research authorisations, enhanced environmental administration links with the EPA, and additional administrative instruments and funds (s79). The legislative history in the text records these insertions and amendments (see the table of amendments and the notes identifying when Parts/sections were inserted or substituted)."},"complexity_factors":["Multiple classes of tenure (pilot, production, research, emergency) with distinct rules and term limits (ss26, 27–31, 34–39, 39A–39D, 40–44).","Layered decision-making: Ministerial discretion, ATAB assessment and recommendation role, EPA independent referral and approval (ss25, 35, 59).","Frequent cross-references and mandatory referral points to the EPA creating procedural dependencies and timeframes (s59).","Extensive regulatory discretion to set policies, standard conditions and criteria (s11, s12, s14).","Transfer, variation and surrender processes that require ministerial consent and potentially third-party consents recorded on the public register (ss25A, 39, 55, 80(2a)).","Detailed compliance and enforcement regime with criminal offences, civil recovery of costs and director liability provisions (ss16, 17, 47, 48A, 58, 88).","Integration with other legislation and authorities (Harbors and Navigation Act concurrence s20; Planning Act exclusion for tourism under s58B; Minister as administering agency under s82A).","Administrative instruments and procedural requirements (public calls, public notices, Minister's guidelines, delegation power) that affect practical implementation and timelines (ss35, 12, 60A, 61).","Public register obligations, confidentiality limits and notification duties that create information-management complexity (ss80, 89A).","Numerous amendments and inserted parts over time (legislative history) producing transitional rules and layered authorities."],"plain_english_summary":"What this law does (mechanics)\n\n- Establishes a licensing-and-leasing system for farming aquatic organisms in South Australia and in State waters. To lawfully carry on aquaculture you must hold an aquaculture licence, and where activities are in State waters the area must usually also be the subject of an aquaculture lease (see s17, s19).\n- Divides tenure into classes (pilot, production, research and emergency leases) and sets different application, term, transfer and renewal rules for each class (see ss26, 27–31, 34–39, 39A–39D, 40–44). Production leases may run up to 30 years (s38(1)).\n- Gives the Minister primary decision-making authority to grant, vary, suspend or cancel leases and licences, impose conditions, require removal of equipment or stock, and recover costs (see ss25, 52, 57, 48A, 58). The Minister may delegate functions (s61).\n- Creates the Aquaculture Tenure Allocation Board (ATAB) to assess applications, especially for public calls, and to make recommendations; ATAB’s assessment must follow Minister’s assessment guidelines (ss71–78, s35(5)–(8), s60A).\n- Requires certain matters to be referred to the Environment Protection Authority (EPA) for approval (for example, whether a corresponding licence should be granted, or whether licence conditions should be varied) and protects the EPA’s independent response (s59).\n- Provides statutory protection for exclusive occupation of marked-off lease areas and makes it an offence to interfere with stock, equipment or marked-off areas; gives fisheries officers enforcement powers (ss45–48, s82).\n- Establishes offences and penalties for carrying on aquaculture without a licence, for breaching mandatory policy provisions, for false or misleading information, and for other contraventions (see ss16, 17, 85 and the penalties listed in those sections).\n- Sets up a public register that records applications, leases, licences, conditions, environmental monitoring summaries, and certain tourism development information (s80). The register supports notices to persons with recorded interests (s80(2a),(2b)).\n- Creates an Aquaculture Fund to receive prescribed percentages of fees and penalties and to be applied to industry research, investigations and recovery of equipment or stock (s79).\n- Adds a specific framework for aquaculture-related tourism development in aquaculture zones: an authorisation is required; Planning, Development and Infrastructure Act 2016 does not apply to such development; tourism leases/licences can be granted and conditioned by the Minister (Part 7A: ss58A–58I).\n- Declares that rights under this Act are not personal property for the purposes of the Commonwealth Personal Property Securities Act 2009 (s6A).\n\nWhy the Act exists (official purpose claims and the mechanical test)\n\n- The Act states its objects as promoting ecologically sustainable development of aquaculture, maximising community benefits from State aquaculture resources and ensuring efficient regulation (s8). Those are expressed policy goals that guide decision-making under the Act (s8(2)).\n- Mechanically, the Act implements those goals by: requiring licences and leases (ss17, 19); allowing the Minister and EPA to refuse or condition approvals on environmental and policy criteria (ss11, 35(9), 59); and embedding environmental duties and referral steps into the approvals process (ss4, 59, 82A).\n\nWho pays and who decides (straightforward lines)\n\n- Who pays: applicants and holders pay application fees and prescribed annual licence fees (s22(2), s22(2d), s50A(2), s53); rent or other amounts can be fixed as lease conditions (s25(b)); penalties and expiation fees may also feed the Aquaculture Fund (s16, s79(3)). If the Minister removes equipment or undertakes work because a lessee/licensee failed to act, the Minister can recover the cost as a debt (s48A(3), s58(3)).\n- Who decides: the Minister is the primary decision-maker for granting, varying and cancelling leases/licences and imposing conditions (ss25, 50, 52, 57). ATAB assesses and recommends on tenure allocation and public calls (ss71–72, s35(5)–(8)). The EPA supplies independent environmental approvals for many matters (s59). The Minister may delegate powers (s61).\n\nBehaviour the law changes or governs\n\n- Entry and continuation of aquaculture are regulated: carrying on aquaculture without a licence is an offence (s17). For water-based operations a lease is usually required in addition to a licence (s19).\n- The law creates exclusive occupation rights for lessees over marked-off areas and criminalises interference with stock and equipment in those areas (ss45, 47).\n- It controls who may hold and transfer tenure: many transfers or variations require Ministerial consent and, where the public register records another person’s interest, that person’s consent (ss25A(4), 39, 55, 56, 80(2a)).\n- It imposes environmental referral points (s59) and gives the EPA an independent advisory/approval role that can block proposed approvals (s59(4)–(7)).\n- It creates a framework for auction/competitive allocation in public call areas, with criteria and possible monetary bidding (s35(2)–(3), (5)–(8)).\n- It adds a standalone approval pathway for tourism development in aquaculture zones, outside normal planning law (s58B–58E).\n\nCosts, incentives, trade-offs and compliance burdens (what the text shows)\n\n- Direct costs to industry: application fees, annual licence fees, rent or other amounts set in lease conditions and potential penalties/expiation fees for breaches (ss22(2), 22(2d), 50A(2), 53, 16, 79(3)). These are explicit budget items for applicants and holders.\n- Compliance burden: applicants must supply information as required by the Minister and may need to undergo public notice and submission processes (s22(3)–(5), s35(9)(b), s50(3)(b)). Many decisions require referral to the EPA and waiting for an EPA response within prescribed periods (s59(2)–(3), (7)). Licence and lease conditions can impose ongoing operational obligations and monitoring (ss25, 52, s80(2)(e)).\n- Administrative discretion and decision risk: the Minister has broad powers to grant, vary or cancel tenure and to set conditions (ss11(2)(h), 25, 52, 57). ATAB provides assessment and ranking in public calls but the Minister determines preferred applications and may negotiate (s35(7)–(8)). The Minister may also make or vary aquaculture policy subject to consultation and parliamentary scrutiny (ss11–14). These layers create points where administrative judgment will determine outcomes.\n- Environmental governance trade-offs: the EPA’s role is to have regard to the Environment Protection Act objectives and its response can prevent grants/variations (s59(4), (7)). At the same time the Minister can withdraw or vary references to the EPA before it responds (s59(6)), which introduces an operational interaction between ministerial discretion and the EPA’s independent advice.\n- Effects on market and contract freedom: rights granted under the Act are not personal property for PPSA purposes, limiting creation of security interests over them (s6A). Transfers of leases/licences need Ministerial consent and may require third‑party consents if the register records an interest (ss39(1), 55(1), 80(2a)). That structure restricts unfettered transferability compared with ordinary real property markets.\n\nConcentrated benefits and diffuse costs (as evidenced in the text)\n\n- The Act gives exclusive occupation and long-term tenure (up to 30 years) to successful lessees (ss45, 38(1)), concentrating exclusive use benefits to lessees. Costs—environmental risk, opportunity cost of foregone alternative uses of marine area, and administrative costs—are borne collectively or by regulators and other water users; the Act provides administrative processes (public notice, public calls, register) to surface and manage competing interests (ss35, 80).\n\nImplementation and enforcement mechanisms and risks\n\n- Enforcement: fisheries officers exercise enforcement powers under the Fisheries Management Act for this Act’s purposes (s82). Courts can order compensation and forfeit equipment to the Crown where offences occur (s47(3), s48A(4), s58(4)). Directors can be held liable in certain corporate offence circumstances (s88).\n- Implementation risk: many steps depend on inter-agency concurrence (Harbors and Navigation Act concurrence s20), on EPA responses within prescribed periods (s59(3),(7)), on the Minister's policy-making and guideline practices (ss11–13, s60A), and on ATAB’s functioning (ss71–78). These dependencies create multiple coordination points that affect timelines and certainty for applicants.\n\nKey cross-references with other laws\n\n- Concurrence under the Harbors and Navigation Act is required for many lease grants/variations (s20). The Act also interacts with the Environment Protection Act (EPA referrals s59 and Minister as administering agency for certain environmental duties s82A) and the Planning, Development and Infrastructure Act (the latter does not apply to aquaculture tourism development under s58B).\n\nPractical effect (one-sentence summary)\n\n- The Act creates a regulated tenure and licensing system for aquaculture in South Australia, centred on Ministerial decisions, ATAB assessment for allocation, EPA environmental referrals, and statutory duties and penalties to control who may operate, where and under what conditions (key references: ss17, 19, 35, 59, 52, 57, 80)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/aquaculture-act-2001","history":"/api/acts/aquaculture-act-2001/history","analysis":"/api/acts/aquaculture-act-2001/analysis","conflicts":"/api/acts/aquaculture-act-2001/conflicts","importantCases":"/api/acts/aquaculture-act-2001/important-cases","documents":"/api/acts/aquaculture-act-2001/documents"}}