{"id":"marine-parks-statutory-authorisation-compensation-regulations-2015","name":"Marine Parks (Statutory Authorisation Compensation) Regulations 2015","slug":"marine-parks-statutory-authorisation-compensation-regulations-2015","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236135,"registerId":"sa-marine-parks-statutory-authorisation-compensation-regulations-2015-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Marine Parks (Statutory Authorisation Compensation) Regulations 2015","content":"South Australia\nMarine Parks (Statutory Authorisation Compensation) Regulations 2015\nunder the Marine Parks Act 2007\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\nPart 2—Advisory panels\n4\tAdvisory panels\nPart 3—Applications\n5\tApplications for compensation under section 21 of Act\n6\tMinister may pay compensation in absence of application\nPart 4—Determination of claim\n7\tReport by advisory panel\n8\tDetermination of claim\n9\tObligation not to enter into transactions after notice of acquisition\n10\tAcquisition\nPart 5—Reviews and appeals\n11\tReview\n12\tAppeal\nSchedule 1—Transitional\n1\tApplication of regulations\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Marine Parks (Statutory Authorisation Compensation) Regulations 2015.\n2—Commencement\nThese regulations will come into operation 4 months after the day on which they are made.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Marine Parks Act 2007;\nadvisory panel means an advisory panel established under Part 2;\nCourt means the Environment, Resources and Development Court.\nPart 2—Advisory panels\n4—Advisory panels\n\t(1)\tThe Minister may establish advisory panels for the purposes of these regulations.\n\t(2)\tAn advisory panel is to consist of 3 members appointed by the Minister who together have extensive knowledge and experience in—\n\t(a)\tlaw or public administration; and\n\t(b)\tfinancial matters, economics or asset evaluation; and\n\t(c)\tthe industry in which holders of relevant statutory authorisations are participants.\n\t(3)\tThe members of an advisory panel will hold office for a period, and on terms and conditions, determined by the Minister.\n\t(4)\tSubject to any directions of the Minister, an advisory panel may determine its own procedures.\nPart 3—Applications\n5—Applications for compensation under section 21 of Act\n\t(1)\tIf, as a result of the creation of a zone or the imposition of a temporary prohibition or restriction of activities within a marine park, the rights conferred by a statutory authorisation under another Act are affected, the holder of the statutory authorisation may apply to the Minister for compensation under section 21 of the Act in accordance with this regulation.\n\t(2)\tThe application must—\n\t(a)\tbe in writing; and\n\t(b)\tidentify the zone or the temporary prohibition or restriction to which the application relates; and\n\t(c)\tidentify the statutory authorisation in respect of which the application is made; and\n\t(d)\tinclude details of how, and the extent to which, rights conferred by the statutory authorisation have been affected; and\n\t(e)\tspecify the amount of compensation claimed; and\n\t(f)\tbe accompanied by evidence supporting the claim and the calculation of the amount claimed (including any documentation of a kind required by the Minister); and\n\t(g)\tspecify—\n\t(i)\ta residential or (in the case of a corporation) registered address; or\n\t(ii)\ta fax number or email address,\nfor the purpose of giving notices to the applicant under these regulations; and\n\t(h)\tprovide details of an ADI account into which any payment of compensation resulting from the application should be made.\n\t(3)\tThe Minister may, by written notice, request that an applicant provide further information, documents or records for the purpose of determining the application (but if the applicant fails to provide any such information, documents or records within 28 days after the request, or such longer period as the Minister may allow, the Minister may proceed to determine the application in the absence of such information, documents or records).\n\t(4)\tIf the Minister is satisfied that, as a result of the creation of a zone or the imposition of a temporary prohibition or restriction of activities within a marine park, the rights conferred by a statutory authorisation under another Act are affected, the Minister—\n\t(a)\tmust determine (in accordance with section 21 of the Act) whether or not it would be appropriate to compulsorily acquire the statutory authorisation, or any interest (or part of any interest) under the statutory authorisation; and\n\t(b)\tmay refer the application to an advisory panel for advice in relation to the amount of compensation—\n\t(i)\tthat should be paid in respect of the affected rights; or\n\t(ii)\tthat should be paid for a compulsory acquisition,\n(as the case may require).\n\t(5)\tThe Minister must give the applicant written notice of the determination referred to in subregulation (4)(a).\n6—Minister may pay compensation in absence of application\nThe Minister may pay compensation to a person under section 21 of the Act (being compensation in respect of affected rights or compensation for a compulsory acquisition) whether or not an application has been received from the person under this Part.\nPart 4—Determination of claim\n7—Report by advisory panel\n\t(1)\tAn advisory panel must, at the request of the Minister, make recommendations as to what, in the opinion of the panel, would constitute fair and reasonable compensation in the particular case, having regard to—\n\t(a)\tthe extent to which the rights have been affected; and\n\t(b)\tthe fair market value of the affected rights; and\n\t(c)\tany other matters the panel thinks fit.\n\t(2)\tIf the Minister makes a request to an advisory panel in accordance with subregulation (1), the Minister must provide the advisory panel with such information relating to the application as the panel might reasonably require for the purpose of making recommendations.\n8—Determination of claim\n\t(1)\tThe Minister must, on making a determination in relation to the payment of compensation to a person under section 21 of the Act (being compensation in respect of affected rights or compensation for a compulsory acquisition), give written notice of the determination to the person.\n\t(2)\tThe written notice must—\n\t(a)\tgive reasons for the Minister's determination; and\n\t(b)\tif a statutory authorisation or interest (or part of an interest) is to be compulsorily acquired—be accompanied by a notice of acquisition given in accordance with subregulation (3); and\n\t(c)\tset out the rights of review and appeal under these regulations.\n\t(3)\tA notice of acquisition must—\n\t(a)\tbe in writing; and\n\t(b)\tidentify the zone or the temporary prohibition or restriction to which the notice of acquisition relates; and\n\t(c)\tidentify the statutory authorisation to which the notice relates; and\n\t(d)\tspecify whether the notice is for the acquisition of the statutory authorisation or a specified interest (or part of an interest) under the statutory authorisation; and\n\t(e)\tspecify the date on which the acquisition will take effect (subject to any decision of the Minister on a review, or order of the Court on an appeal, under Part 5).\n\t(4)\tA notice under this regulation may be combined with a notice required under regulation 5(5).\n9—Obligation not to enter into transactions after notice of acquisition\n\t(1)\tIf the holder of a statutory authorisation is given written notice (whether under regulation 5(5) or under regulation 8) of a determination to compulsorily acquire the statutory authorisation, or any interest (or part of any interest) under the statutory authorisation, the holder of the authorisation must not enter into any transaction in respect of the statutory authorisation without first disclosing that fact.\n\t(2)\tIf any contract or agreement in relation to the statutory authorisation is entered into without the required disclosure, the contract or agreement is voidable at the option of the person to whom disclosure should have been made.\n10—Acquisition\n\t(1)\tOn the day on which an acquisition is to take effect (being the day specified in a notice in accordance with regulation 8(3) or some other day determined by the Minister on a review, or ordered by the Court on an appeal, under Part 5)—\n\t(a)\tthe authorisation or interest to which the notice relates is vested in the Minister; and\n\t(b)\tif a residual interest remains after the acquisition, the interest is modified to the extent required by the acquisition.\n\t(2)\tA copy of the notice of acquisition must be given to the Minister responsible for the administration of the Act under which the statutory authorisation was issued and that Minister must—\n\t(a)\tif the statutory authorisation was acquired pursuant to the notice—cancel the statutory authorisation; or\n\t(b)\tif an interest (or part of an interest) under the statutory authorisation was acquired pursuant to the notice—cause any necessary adjustments to be made to the statutory authorisation, such that the interest (or that part of an interest) will cease to exist.\nPart 5—Reviews and appeals\n11—Review\n\t(1)\tThe holder of a statutory authorisation may, within 21 days after being given a written notice by the Minister under regulation 8, apply to the Minister for a review of the determination in relation to the payment of compensation to which the notice relates.\n\t(2)\tThe application for the review must be made in writing and must set out details of the grounds on which the review is sought.\n\t(3)\tThe Minister may, by written notice, require the applicant for the review to provide further information, documents or records for the purpose of determining the review.\n\t(4)\tOn a review, the Minister may affirm, vary or reverse the determination the subject of the review.\n\t(5)\tThe Minister must give the applicant for the review written notice of the Minister's decision on the review and the reasons for the decision.\n12—Appeal\n\t(1)\tThe holder of a statutory authorisation who has applied for a review of a determination in relation to the payment of compensation under regulation 11 and who remains dissatisfied with the determination in relation to the payment of compensation following the review may appeal to the Court within 21 days after being given written notice of the decision on the review.\n\t(2)\tAn appeal must be made in a manner and form determined by the Court, setting out the grounds of the appeal.\n\t(3)\tThe Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that an appeal be made within the period fixed by this regulation.\n\t(4)\tUnless otherwise determined by the Court, an appeal must be referred in the first instance to a conference under section 16 of the Environment, Resources and Development Court Act 1993 (and the provisions of that Act will then apply in relation to that appeal).\n\t(5)\tThe Court may, on hearing an appeal under this regulation—\n\t(a)\tconfirm, vary or revoke the determination appealed against; and\n\t(b)\tmake any consequential or ancillary order or direction, or impose any condition, that it considers necessary or expedient.\nSchedule 1—Transitional\n1—Application of regulations\n\t(1)\tThese regulations apply in relation to rights affected as a result of the creation of a zone, or the imposition of a temporary prohibition or restriction of activities, within a marine park whether the zone was created, or the prohibition or restriction imposed, before or after the commencement of these regulations.\n\t(2)\tIf the Minister has, before the commencement of these regulations, received an application for compensation under section 21 of the Act, the Minister may, if he or she thinks fit, determine that the application should be treated as if it were an application under regulation 5 (and may do so regardless of whether the application complies with regulation 5(2)).\n\t(3)\tThese regulations apply to an application the subject of a determination under subclause (2) as if the application had been made under these regulations.\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\n2015\n227\nGazette 5.11.2015 p4859 \n5.3.2016: r 2\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — the full text of the legislation was not retrievable. The title suggests a narrow, specific purpose (compensation for statutory authorisation holders affected by marine parks) which is consistent with a focused regulatory instrument. No evidence of scope creep can be confirmed or denied."},"complexity_factors":["Score is tentative — actual legislation text was unavailable due to a broken link, so true complexity cannot be assessed","Compensation regulations of this type typically involve eligibility criteria, valuation methodologies, and claims processes that can be moderately technical","Interaction with parent Marine Parks Act and other licensing legislation (e.g. Fisheries Management Act) likely adds cross-referencing complexity","Valuing lost commercial entitlements (e.g. fishing licence values) can involve complex financial and legal calculations","Limited scope as subordinate regulations (not primary legislation) generally constrains complexity"],"plain_english_summary":"These regulations govern compensation where creation or expansion of South Australian marine parks affects holders of statutory authorisations (eg commercial fishing or aquaculture licences). They aim to let licence-holders claim financial redress when protected areas restrict or prohibit previously authorised activities, so loss of income or business value may be compensable. Note: the actual regulation text couldn’t be retrieved, so eligibility, calculation and claim procedures are unknown and should be checked in the official instrument or with legal advice."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These regulations do not create new substantive compensation rights but establish procedural rules for applications, valuation advice, notice, acquisition and review/appeal, and apply those procedures to pre‑existing matters (Schedule 1)."},"complexity_factors":["Ministerial discretion to pay compensation without an application (reg 6)","Detailed application content and evidence requirements, with power to request more information (reg 5(2)–(3))","Advisory panels: Ministerial appointment, composition requirements across law, finance and industry, and procedure-setting (reg 4)","Compulsory acquisition mechanics: notice form, vesting on specified date, and consequential cancellation/adjustment by other administering Minister (regs 8(3), 10)","Post‑notice transactional restriction and voidability of undisclosed contracts (reg 9)","Time‑limited internal review (21 days) and appeal route to the Environment, Resources and Development Court with possible conferencing (regs 11–12)","Transitional application to prior claims and Ministerial power to treat earlier applications as compliant (Schedule 1)","Interplay with rights under other Acts and requirement to identify affected statutory authorisations (throughout)"],"plain_english_summary":"These regulations set out the procedure for compensation where creation of a marine‑park zone or a temporary restriction affects rights under other statutory authorisations: holders may apply with specified evidence, the Minister may pay compensation or seek compulsory acquisition, and may obtain advice from an advisory panel. The Minister decides whether to pay or acquire, can request further information, must give written reasons and notices, and decisions are subject to a 21‑day review to the Minister and a subsequent appeal to the Environment, Resources and Development Court."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: establishing procedural mechanisms for compensation under section 21 of the Marine Parks Act 2007. The scope covers applications, advisory panels, determinations, reviews and appeals—all directly related to the compensation function. The transitional provisions (Schedule 1) simply clarify temporal application rather than expanding substantive scope."},"complexity_factors":["Moderate cross-referencing to the parent Marine Parks Act 2007 (section 21) and the Environment, Resources and Development Court Act 1993","Multiple procedural steps: application → advisory panel report → Minister determination → review → appeal","Conditional logic around compulsory acquisition vs. compensation for affected rights (two distinct pathways)","Specific evidentiary and documentation requirements for applications (7 separate elements in regulation 5(2))","Time limits for review (21 days) and appeal (21 days) with court discretion to extend","Interaction between administrative and judicial processes (conference requirement under Court Act before hearing)","Transitional provisions applying regulations retrospectively to pre-existing zones and applications"],"plain_english_summary":"**What this does:**\nThese regulations set up a system for paying compensation to people or businesses who lose money because their fishing or commercial rights are affected when the South Australian government creates marine parks or restricts activities in them.\n\n**Who it affects:**\n- **Fishing licence holders** and others with legal permits (\"statutory authorisations\") to operate in marine areas\n- **Commercial operators** whose businesses depend on access to marine zones\n- The **Minister** responsible for marine parks, who decides on compensation\n- **Advisory panels** of experts who recommend fair payment amounts\n\n**How it works:**\n- If your fishing or commercial rights are affected by a new marine park zone or temporary restriction, you can **apply to the Minister** for compensation\n- The Minister can also **pay compensation without an application** if they choose\n- The Minister may ask a **3-person advisory panel** (with legal, financial, and industry expertise) to recommend what would be \"fair and reasonable\" compensation\n- The Minister decides whether to **buy out (compulsorily acquire)** your rights entirely, or just pay for the partial impact\n- You can **ask for a review** of the decision within 21 days, and **appeal to court** if still unhappy\n- Once a buyout is announced, you **cannot sell or transfer** your rights without telling the buyer about the pending acquisition\n\n**Why it matters:**\nMarine parks protect the environment but can hurt existing businesses. These rules create a formal, transparent process to ensure affected operators get paid fairly when their livelihoods are impacted by conservation decisions. The system balances government power to protect oceans with fairness to people who invested in marine industries."}},"importantCases":[],"_links":{"self":"/api/acts/marine-parks-statutory-authorisation-compensation-regulations-2015","history":"/api/acts/marine-parks-statutory-authorisation-compensation-regulations-2015/history","analysis":"/api/acts/marine-parks-statutory-authorisation-compensation-regulations-2015/analysis","conflicts":"/api/acts/marine-parks-statutory-authorisation-compensation-regulations-2015/conflicts","importantCases":"/api/acts/marine-parks-statutory-authorisation-compensation-regulations-2015/important-cases","documents":"/api/acts/marine-parks-statutory-authorisation-compensation-regulations-2015/documents"}}