{"id":"marine-parks-regulations-2023","name":"Marine Parks Regulations 2023","slug":"marine-parks-regulations-2023","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236134,"registerId":"sa-marine-parks-regulations-2023-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Marine Parks Regulations 2023","content":"South Australia\nMarine Parks Regulations 2023\nunder the Marine Parks Act 2007\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\nPart 2—General provisions supporting Act\n4\tNotice of establishment of marine park (section 10(7))\n5\tApplications for warrants (section 34(6))\n6\tGeneral duty of care—prescribed circumstances (section 37(3))\n7\tAction on non-compliance with order etc—prescribed rate of interest (sections 39, 41 and 42)\nPart 3—Permits\n8\tVariation of conditions of permit\n9\tTransfer of permit\n10\tMinister may require further information\n11\tDefects in applications\n12\tWaiver or refund of permit fees\n13\tIssue of duplicate permit\n14\tExpiation of offence\nSchedule 1—Repeal and transitional provisions\nPart 1—Repeal of Marine Parks Regulations 2008\n1\tRepeal of regulations\nPart 2—Transitional provisions\n2\tTransitional provisions\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Marine Parks Regulations 2023.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations—\nAct means the Marine Parks Act 2007;\nfee notice has the same meaning as in the Legislation (Fees) Act 2019.\nPart 2—General provisions supporting Act\n4—Notice of establishment of marine park (section 10(7))\nFor the purposes of section 10(7) of the Act, the Minister must give notice of the making of a proclamation to establish a marine park by notice in the Gazette, in a newspaper circulating generally within the State and on a website determined by the Minister.\n5—Applications for warrants (section 34(6))\n\t(1)\tThe grounds of an application for a warrant under section 34 of the Act made personally must be verified by affidavit.\n\t(2)\tIf an application for a warrant is made by telephone—\n\t(a)\tthe applicant must inform the magistrate of the applicant's name and identify the position that the applicant holds for the purposes of the Act, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant holds that position; and\n\t(b)\tthe applicant must inform the magistrate of the purpose for which the warrant is required and the grounds on which it is sought; and\n\t(c)\tif it appears to the magistrate from the information given by the applicant that there are proper grounds to issue a warrant, the magistrate must inform the applicant of the facts that justify, in the magistrate's opinion, the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and\n\t(d)\tif the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts that justify, in the magistrate's opinion, the issue of the warrant; and\n\t(e)\tthe warrant is taken to have been issued, and comes into force, when signed by the magistrate; and\n\t(f)\tthe magistrate must inform the applicant of the terms of the warrant; and\n\t(g)\tthe applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c).\n6—General duty of care—prescribed circumstances (section 37(3))\nFor the purposes of section 37(3) of the Act, any circumstance involving the exercise of a statutory power by a public authority in an emergency situation is prescribed.\n7—Action on non-compliance with order etc—prescribed rate of interest (sections 39, 41 and 42)\n\t(1)\tFor the purposes of sections 39(5)(a), 41(5)(a) and 42(8)(a) of the Act, the prescribed rate of interest per annum on an unpaid amount will be the prime bank rate for any financial year for which the amount remains unpaid.\n\t(2)\tIn this regulation—\nprime bank rate for a particular financial year means the corporate loan reference rate applied by the Commonwealth Bank of Australia for corporate lending on the first trading day of the Bank in that financial year.\nPart 3—Permits\n8—Variation of conditions of permit\n\t(1)\tFor the purposes of section 19(8)(c)(ii) of the Act, the Minister may vary a condition of a permit on application made by the holder of the permit.\n\t(2)\tAn application under subregulation (1)—\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 the fee prescribed by fee notice.\n9—Transfer of permit\nFor the purposes of section 19(9) of the Act—\n\t(a)\ta permit is for a prescribed activity if it is for an activity referred to in regulation 8(3)(g) to (k) (inclusive) of the Marine Parks (Zoning) Regulations 2012; and\n\t(b)\tthe prescribed conditions to be complied with in respect of the transfer of such a permit are as follows:\n\t(i)\tthe permit may only be transferred with the consent of the Minister;\n\t(ii)\tan application for consent to transfer the permit—\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 the fee prescribed by fee notice;\n\t(iii)\tthe proposed transferee must, in the opinion of the Minister, be a fit and proper person to hold the permit;\n\t(iv)\tthe transfer must not result in a change in—\n\t(A)\tconditions of the permit; or\n\t(B)\tthe expiry date of the permit.\n10—Minister may require further information\nA person who makes an application for a permit, or any application under this Part, 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.\n11—Defects in applications\n\t(1)\tThe Minister may request a person who makes an application for a permit, or any application under this Part, to remedy a defect or deficiency in an application or accompanying document or information required by or under the Act or these regulations.\n\t(2)\tThe Minister may, in relation to such an application, request the applicant—\n\t(a)\tto pay the relevant fee prescribed in connection with the application; or\n\t(b)\tto provide any outstanding information required to be provided under these regulations by the applicant.\n\t(3)\tIf the applicant to whom a request has been made under this regulation fails to comply with the request within 60 days or such longer period as the Minister may allow, the application lapses.\n12—Waiver or refund of permit fees\nThe Minister may waive a fee payable in relation to an application for a permit, or any application under this Part, if satisfied that—\n\t(a)\tthe application is made in connection with—\n\t(i)\ta statutory authorisation; or\n\t(ii)\tan authorisation or matter under a law of the Commonwealth; or\n\t(b)\tit is otherwise appropriate to do so in a particular case.\n13—Issue of duplicate permit\nThe Minister may, on payment of the fee prescribed by fee notice, issue to the holder of a permit a duplicate of the permit.\n14—Expiation of offence\nPursuant to section 63(2)(d) of the Act, the expiation fee fixed for an alleged offence against section 20 of the Act is $315.\nSchedule 1—Repeal and transitional provisions\nPart 1—Repeal of Marine Parks Regulations 2008\n1—Repeal of regulations\nThe Marine Parks Regulations 2008 are repealed.\nPart 2—Transitional provisions\n2—Transitional provisions\n\t(1)\tAn application for the variation of a condition of a permit under regulation 10 of the repealed regulations made but not determined immediately before the commencement of this clause will be taken to be an application made under regulation 8 of these regulations.\n\t(2)\tAn application for consent to transfer a permit under regulation 11(b) of the repealed regulations made but not determined immediately before the commencement of this clause will be taken to be an application made under regulation 9(b) of these regulations.\n\t(3)\tIn this clause—\nrepealed regulations means the Marine Parks Regulations 2008.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2023\n69\nGazette 27.7.2023 p2376 \n27.7.2023: r 2\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible — the provided content is a 404 error page from the SA legislation website, containing no legislative text. No comparison between original intent and final form can be made."},"complexity_factors":["No actual legislative text was retrievable — the document is a website error page, not legislation","Complexity cannot be meaningfully assessed without substantive content","Score of 1 reflects the absence of any legal provisions to analyse, not simplicity of the underlying law"],"plain_english_summary":"The Marine Parks Regulations 2023 (SA) document could not be loaded from the government site (link returned \"Page Not Found\"), so the full text wasn’t available for review. Generally, such regulations set rules and penalties for activities in designated marine parks—affecting recreational fishers, commercial operators, boaters and other coastal users—by specifying what is allowed, restricted, or prohibited."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose: operationalising the Marine Parks Act 2007. They repeal and replace the 2008 regulations with updated administrative procedures (notably modernising fee references to the Legislation (Fees) Act 2019 and updating the expiation amount), but do not expand beyond the Act's framework for marine park management, permitting, and enforcement."},"complexity_factors":["Short length (14 regulations plus schedule)","Minimal defined terms (only 3: 'Act', 'fee notice', 'prime bank rate', plus 'repealed regulations' in transitional provisions)","Straightforward structure following the parent Act's sections without nested conditional logic","Limited cross-referencing — primarily references back to specific sections of the Marine Parks Act 2007 and incidental reference to the Marine Parks (Zoning) Regulations 2012 for permit transfer eligibility","No exceptions to exceptions; conditional provisions are simple (e.g., 'if made by telephone' in regulation 5)","Procedural focus rather than substantive policy creation — most provisions operationalise existing Act provisions"],"plain_english_summary":"These regulations set out the practical rules for running South Australia's marine parks system under the Marine Parks Act 2007. They cover:\n\n**What the regulations do:**\n- **Public notification**: When a new marine park is created, the Minister must publish notices in the Government Gazette, a newspaper, and online.\n- **Enforcement powers**: Set out how rangers and officials can get warrants to enter property or search — including by phone in urgent cases, with follow-up paperwork required.\n- **Duty of care**: Clarify that public authorities acting in emergencies don't breach their general duty of care.\n- **Financial penalties**: Set interest rates (based on the Commonwealth Bank's corporate lending rate) for unpaid fines or compliance orders.\n- **Permit system**: Create detailed rules for activities in marine parks — how to apply, vary conditions, transfer permits to someone else, fix mistakes in applications, and get fee waivers or duplicates.\n- **On-the-spot fines**: Fix the expiation (on-the-spot fine) for certain offences at $315.\n- **Transition**: Repeal the old 2008 regulations and ensure pending applications carry over smoothly.\n\n**Who it affects:**\n- Commercial fishers, tour operators, researchers, and anyone needing a permit to operate in marine parks\n- Government rangers and enforcement officers\n- The Minister for Environment and their department\n- Anyone who owns land near marine parks (regarding warrant access)\n\n**Why it matters:**\nMarine parks protect sensitive coastal and ocean ecosystems. These regulations balance environmental protection with practical business needs — letting people continue fishing, tourism, and research under permit, while giving authorities clear powers to enforce the rules and penalise illegal activities."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulations replace the Marine Parks Regulations 2008 (Schedule 1 Part 1) and carry transitional provisions treating pending applications under the old rules as applications under the new regulations (Schedule 1 Part 2, cl 2). The new instrument consolidates procedural detail: it prescribes notice methods for park proclamations (reg 4), a telephone warrant procedure with affidavit follow-up (reg 5), emergency statutory‑power circumstances for duty of care (reg 6), an interest rate formula tied to the Commonwealth Bank corporate loan reference (reg 7), permit application/variation/transfer formalities and fees (regs 8–13), fee‑waiver discretion for the Minister (reg 12), and fixes an expiation fee of $315 (reg 14)."},"complexity_factors":["Interlocks with principal Act and external fee framework (references to Marine Parks Act 2007 and fee notice in Legislation (Fees) Act 2019) — requires cross-referencing.","Ministerial discretion on information, fee waivers and form/manner of applications (regs 8(1), 8(2)(a), 10, 11, 12) increases administrative decision-making.","Specific procedural steps for telephone warrant applications and post‑grant affidavit requirement (reg 5) add precise evidentiary rules.","Prescribed interest rate tied to an external market rate (CBA corporate loan reference on first trading day of financial year) — introduces financial-index linkage and calculation detail (reg 7).","Permit transfer and fit-and-proper assessment conditions, plus non-change in expiry/conditions rule, impose compliance checks on transactions (reg 9).","Application lapse timing (60 days) and ability to extend by Minister create procedural deadline risk for applicants (reg 11(3)).","Repeal and transitional treatment of pending applications require translation of old applications into new regime (Schedule 1)."],"plain_english_summary":"These regulations set out practical rules under the Marine Parks Act 2007 for establishing marine parks, applying for and issuing warrants, prescribing duty-of-care in emergency statutory actions, calculating interest on unpaid amounts, and administering permits (applications, variations, transfers, fees, waivers and duplicates). An expiation fee of $315 is fixed for the listed offence. They affect permit-holders, applicants, magistrates and public authorities by clarifying who pays fees, evidence and timing requirements, ministerial powers, and transitional arrangements replacing the 2008 regulations."}},"importantCases":[],"_links":{"self":"/api/acts/marine-parks-regulations-2023","history":"/api/acts/marine-parks-regulations-2023/history","analysis":"/api/acts/marine-parks-regulations-2023/analysis","conflicts":"/api/acts/marine-parks-regulations-2023/conflicts","importantCases":"/api/acts/marine-parks-regulations-2023/important-cases","documents":"/api/acts/marine-parks-regulations-2023/documents"}}