South Australia regulation

Adelaide Dolphin Sanctuary Regulations 2020

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

3/10 complexity

These regulations set procedural and administrative detail under the Adelaide Dolphin Sanctuary Act 2005: they name the organisations to be consulted on the Sanctuary’s management plan, set how warrants are sought and filed (including telephone applications and affidavit requirements), prescribe emergency exercises of statutory power as duty-of-care circumstances, fix the interest rate on unpaid sums by reference to the Commonwealth Bank corporate loan rate, and revoke the 2005 regulations.

They affect public authorities, magistrates, applicants for warrants, the listed bodies, and parties ordered under the Act by setting decision procedures, verification and compliance costs.

JSON API

Deep dive

Want the full deep dive?

Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.

Current sections

Direct links to the current provisions in Adelaide Dolphin Sanctuary Regulations 2020.

Adelaide Dolphin Sanctuary Regulations 2020

South Australia Adelaide Dolphin Sanctuary Regulations 2020 under the Adelaide Dolphin Sanctuary Act 2005

Contents 1 Short title 2 Commencement 3 Interpretation 4 ADS Management Plan—prescribed bodies (section 11(5)(b) and (7)(a) of Act) 5 Applications for warrants (section 29(6) of Act) 6 General duty of care—prescribed circumstances (section 32(3) of Act) 7 Action on non-compliance with order etc—prescribed rate of interest (sections 34, 36 and 37 of Act) Schedule 1—ADS Management Plan—prescribed bodies Schedule 2—Revocation of Adelaide Dolphin Sanctuary Regulations 2005 Legislative history

1—Short title These regulations may be cited as the Adelaide Dolphin Sanctuary Regulations 2020. 2—Commencement These regulations come into operation on 1 September 2020. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Adelaide Dolphin Sanctuary Act 2005. 4—ADS Management Plan—prescribed bodies (section 11(5)(b) and (7)(a) of Act) For the purposes of section 11(5)(b) and (7)(a) of the Act, the bodies specified in Schedule 1 are prescribed. 5—Applications for warrants (section 29(6) of Act) (1) The grounds of an application for a warrant under section 29 of the Act made personally must be verified by affidavit. (2) If an application for a warrant is made by telephone— (a) the 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 (b) the applicant must inform the magistrate of the purpose for which the warrant is required and the grounds on which it is sought; and (c) if 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 (d) if 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 (e) the warrant is taken to have been issued, and comes into force, when signed by the magistrate; and (f) the magistrate must inform the applicant of the terms of the warrant; and (g) the 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). (3) A magistrate by whom a warrant is issued must file the warrant, or a copy of the warrant, and the affidavit verifying the grounds on which the application for the warrant was made, in the Magistrates Court. 6—General duty of care—prescribed circumstances (section 32(3) of Act) For the purposes of section 32(3) of the Act, any circumstance involving the exercise of a statutory power by a public authority in an emergency situation is prescribed. 7—Action on non-compliance with order etc—prescribed rate of interest (sections 34, 36 and 37 of Act) (1) For the purposes of sections 34(5)(a), 36(5)(a) and 37(8)(a) of the Act, the prescribed rate of interest per annum on an unpaid amount will be the prime bank rate for any financial year for which the amount remains unpaid. (2) In this regulation— prime 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. Schedule 1—ADS Management Plan—prescribed bodies Aboriginal Legal Rights Movement Incorporated Boating Industry Association of South Australia Incorporated City of Port Adelaide Enfield City of Salisbury Conservation Council of South Australia Incorporated Flinders Ports Pty Limited Green Adelaide Board South Australian Employers' Chamber of Commerce and Industry Incorporated The Minister's Recreational Fishing Advisory Council established by the Minister responsible for the administration of the Fisheries Management Act 2007 Wildcatch Fisheries South Australia Incorporated Schedule 2—Revocation of Adelaide Dolphin Sanctuary Regulations 2005 The Adelaide Dolphin Sanctuary Regulations 2005 are revoked. Legislative history Notes • For 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. Principal regulations Year No Reference Commencement 2020 256 Gazette 13.8.2020 p4279 1.9.2020: r 2

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Adelaide Dolphin Sanctuary Regulations 2020

South Australia Adelaide Dolphin Sanctuary Regulations 2020 under the Adelaide Dolphin Sanctuary Act 2005

1—Short title These regulations may be cited as the Adelaide Dolphin Sanctuary Regulations 2020. 2—Commencement These regulations come into operation on 1 September 2020. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Adelaide Dolphin Sanctuary Act 2005. 4—ADS Management Plan—prescribed bodies (section 11(5)(b) and (7)(a) of Act) For the purposes of section 11(5)(b) and (7)(a) of the Act, the bodies specified in Schedule 1 are prescribed. 5—Applications for warrants (section 29(6) of Act) (1) The grounds of an application for a warrant under section 29 of the Act made personally must be verified by affidavit. (2) If an application for a warrant is made by telephone— (a) the 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 (b) the applicant must inform the magistrate of the purpose for which the warrant is required and the grounds on which it is sought; and (c) if 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 (d) if 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 (e) the warrant is taken to have been issued, and comes into force, when signed by the magistrate; and (f) the magistrate must inform the applicant of the terms of the warrant; and (g) the 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). (3) A magistrate by whom a warrant is issued must file the warrant, or a copy of the warrant, and the affidavit verifying the grounds on which the application for the warrant was made, in the Magistrates Court. 6—General duty of care—prescribed circumstances (section 32(3) of Act) For the purposes of section 32(3) of the Act, any circumstance involving the exercise of a statutory power by a public authority in an emergency situation is prescribed. 7—Action on non-compliance with order etc—prescribed rate of interest (sections 34, 36 and 37 of Act) (1) For the purposes of sections 34(5)(a), 36(5)(a) and 37(8)(a) of the Act, the prescribed rate of interest per annum on an unpaid amount will be the prime bank rate for any financial year for which the amount remains unpaid. (2) In this regulation— prime 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. Schedule 1—ADS Management Plan—prescribed bodies Aboriginal Legal Rights Movement Incorporated Boating Industry Association of South Australia Incorporated City of Port Adelaide Enfield City of Salisbury Conservation Council of South Australia Incorporated Flinders Ports Pty Limited Green Adelaide Board South Australian Employers' Chamber of Commerce and Industry Incorporated The Minister's Recreational Fishing Advisory Council established by the Minister responsible for the administration of the Fisheries Management Act 2007 Wildcatch Fisheries South Australia Incorporated Schedule 2—Revocation of Adelaide Dolphin Sanctuary Regulations 2005 The Adelaide Dolphin Sanctuary Regulations 2005 are revoked. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal regulations Year No Reference Commencement 2020 256 Gazette 13.8.2020 p4279 1.9.2020: r 2