Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the Aquaculture Act 2001. 3—Interpretation In this Act— Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005; aquaculture 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; aquaculture equipment means— (a) a farming structure; or (b) equipment used to anchor or indicate the presence of farming structures; or (c) a barge used to feed aquatic organisms; or (d) equipment used to mark‑off or indicate the boundaries of a licence area; or (e) other equipment used for the purposes of aquaculture; aquaculture exclusion zone—see Part 4 Division 1; aquaculture lease or lease means an aquaculture lease under Part 6; aquaculture licence or licence means a corresponding licence under Part 6 or an aquaculture licence under Part 7; aquaculture policy means an aquaculture policy under Part 4; aquaculture zone—see Part 4 Division 1; aquatic organism means an aquatic organism of any species, and includes the reproductive products and body parts of an aquatic organism; ATAB means the Aquaculture Tenure Allocation Board established under Part 10 Division 3; authorised person, in relation to a marked-off area of an aquaculture lease, means— (a) a lessee under the lease or a person acting on the authority of a lessee under the lease; or (b) if 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; condition includes a limitation and reservation; corresponding 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; council means a council within the meaning of the Local Government Act 1999; director 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; ecologically sustainable—see section 4; emergency lease means an emergency lease under Part 6 Division 5; EPA means the Environment Protection Authority established under the Environment Protection Act 1993; farming 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; farming 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; fisheries officer means a fisheries officer within the meaning of the Fisheries Management Act 2007; mandatory provisions—see Part 4 Division 1; marine park has the same meaning as in the Marine Parks Act 2007; marked-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; Minister's assessment guidelines means guidelines published by the Minister under section 60A; Murray-Darling Basin has the same meaning as in the Murray-Darling Basin Act 1993; pilot lease means a pilot lease under Part 6 Division 2; prescribed criteria—see Part 4 Division 1; production lease means a production lease under Part 6 Division 4; public authority includes a Minister, statutory authority or council; public call area—see section 11(2)(b); public register—see section 80; relevant Act means— (a) in relation to the Adelaide Dolphin Sanctuary—the Adelaide Dolphin Sanctuary Act 2005; or (b) in relation to a marine park—the Marine Parks Act 2007; or (c) in relation to a River Murray Protection Area or the Murray‑Darling Basin—the River Murray Act 2003; relevant Minister means— (a) in relation to the Adelaide Dolphin Sanctuary—the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or (b) in relation to a marine park—the Minister to whom the administration of the Marine Parks Act 2007 is committed; or (c) in 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; relevant 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; research lease means a research lease under Part 6 Division 4A; River Murray Protection Area means a River Murray Protection Area under the River Murray Act 2003; specially protected area means— (a) the Adelaide Dolphin Sanctuary; or (b) a marine park; or (c) a River Murray Protection Area; standard conditions—see Part 4 Division 1; State waters means waters that are— (a) within the limits of the State and vested in the Crown; or (b) coastal 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); suitable person—see section 4A; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; variation 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; waters includes land underlying waters. 4—Ecologically sustainable development (1) Development is ecologically sustainable if it is managed to ensure that communities provide for their economic, social and physical well-being while— (a) natural and physical resources are maintained to meet the reasonably foreseeable needs of future generations; and (b) biological diversity and ecological processes and systems are protected; and (c) adverse effects on the environment are avoided, remedied or mitigated. (2) In making decisions as to whether development is ecologically sustainable or to ensure that development is ecologically sustainable— (a) long-term and short-term economic, environmental, social and equity considerations should be effectively integrated; and (b) if 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. 4A—Suitable person to be granted licence In determining whether a person is a suitable person to be granted an aquaculture licence, the Minister may take into account— (a) any 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 (b) whether 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 (c) the financial and other capacity of the person to comply with obligations under this Act. 5—Crown bound (1) This 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. (2) Nothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence. 6—Application of Act This 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. 6A—Licence or other right is not personal property for the purposes of Commonwealth Act A 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. 7—Interaction with other Acts (1) Subject to subsection (2), this Act is in addition to and does not limit or derogate from the provisions of any other Act. (2) The 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.