Part 11Miscellaneous

Part 11—Miscellaneous 82B—Death, bankruptcy etc of lessee or licensee (1) If 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. (2) If 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. (3) If 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. 83—Annual reports (1) The 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. (2) A report required under this section may be incorporated in the annual report of the relevant administrative unit. (3) The 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. 85—False or misleading information A 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. Maximum penalty: $5 000. 86—Service of documents (1) A notice or document required or authorised to be given or sent to, or served on, a person for the purposes of this Act may— (a) be given to the person personally; or (b) be posted in an envelope addressed to the person— (i) at the person's last known address; or (ii) at the person's address for service; or (c) be left for the person at the address for service with someone apparently over the age of 16 years; or (d) be 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). (2) The 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. 87—Continuing offence (1) A person convicted of an offence against a provision of this Act in respect of a continuing act or omission— (a) is 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 (b) is, 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. (2) If 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. 88—Liability of directors (1) If 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. (1a) If 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— (a) the director knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and (b) the director was in a position to influence the conduct of the corporation in relation to the commission of such an offence; and (c) the director failed to exercise due diligence to prevent the commission of the offence. (2) A 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. 89—General defence (1) It 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. (2) This section does not apply in relation to a person who is charged with an offence under section 88. 89A—Confidentiality (1) A 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— (a) as required or authorised by or under this Act or any other Act or law; or (b) with the consent of the person to whom the information relates; or (c) in connection with the administration of this Act; or (d) to 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. (2) Subsection (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. (3) Information that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by— (a) the person to whom the information was disclosed; or (b) any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure. 90—Evidentiary (1) In proceedings for an offence against this Act, an apparently genuine document purporting to be a certificate signed by the Minister certifying— (a) that a person named in the certificate was at a specified time a delegate of the Minister unconditionally or subject to specified conditions; or (b) that a person named in the certificate was or was not at a specified time the holder of a specified aquaculture lease or licence; or (c) that a provision set out in the certificate was at a specified time a condition of a specified aquaculture lease or licence; or (d) that 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 (e) that 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, is, in the absence of proof to the contrary, proof of the matters certified. (2) In proceedings for an offence against this Act, an allegation in the complaint— (a) that a person named in the complaint was an authorised person on a specified day in relation to a specified marked-off area; or (b) that a person named in the complaint was at a specified time a fisheries officer; or (c) that 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, is, in the absence of proof to the contrary, proof of the matter alleged. (3) In 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. (4) In 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. (5) In 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. 91—Regulations (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), those regulations may make provision for or relating to— (a) the 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 (b) fees in respect of any matter under this Act and the payment, recovery, refund or waiver of fees payable under this Act; and (ba) the division of lease areas into separate lease areas or the division of licence areas into separate licence areas; and (bb) the amalgamation of lease areas or licence areas; and (bc) the storing, maintaining, repairing or cleaning of a farming structure in State waters; and (bd) the towing by vessel of a farming structure containing stock; and (c) exemptions (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 (d) fines (not exceeding $10 000) for offences against the regulations; and (da) expiation fees (not exceeding $1 000) for alleged offences against the regulations; and (e) facilitation of proof of the commission of offences against the regulations. (3) The regulations may— (a) be of general application or vary in their application according to prescribed factors; (b) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister. Legislative history Notes • Please 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. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • 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. Legislation amended by principal Act The Aquaculture Act 2001 amended the following: Environment Protection Act 1993 Fisheries Act 1982 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Aquaculture Act 2001 6.12.2001 1.7.2002 (Gazette 27.6.2002 p2681) except ss 49, 50 and Pt 10 Div 4—11.11.2002 (Gazette 31.10.2002 p3978) River Murray Act 2003 31.7.2003 Sch (cl 2)— 24.11.2003 (Gazette 20.11.2003 p4203) Adelaide Dolphin Sanctuary Act 2005 14.4.2005 Sch 2 (cll 2—4)—1.7.2005 (Gazette 2.6.2005 p1684) Fisheries Management Act 2007 8.3.2007 Sch 2 (cl 2)—1.12.2007 (Gazette 15.11.2007 p4241) Marine Parks Act 2007 29.11.2007 Sch 1 (cll 2—4)—6.11.2008 (Gazette 6.11.2008 p5055) Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 16 (ss 31—33)—1.2.2010 (Gazette 28.1.2010 p320) Statutes Amendment (Personal Property Securities) Act 2011 14.4.2011 Pt 2 (s 4)—16.6.2011 (Gazette 16.6.2011 p2610) Aquaculture (Miscellaneous) Amendment Act 2012 12.7.2012 Sch 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) Statutes Amendment (Directors' Liability) Act 2013 23.5.2013 Pt 5 (ss 8 & 9)—17.6.2013 (Gazette 6.6.2013 p2498) Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015 18.6.2015 Pt 5 (ss 33—36)—1.7.2015 (Gazette 25.6.2015 p3076) Statutes Amendment (Planning, Development and Infrastructure) Act 2017 28.2.2017 Pt 5 (ss 16 & 17)—1.7.2019 (Gazette 27.6.2019 p2322) Statutes Amendment and Repeal (Simplify) Act 2017 15.3.2017 Pt 2 (ss 4—9)—1.7.2017 (Gazette 22.6.2017 p2224) Statutes Amendment (SACAT No 2) Act 2017 28.11.2017 Pt 6 (ss 20 to 22)—14.12.2017 (Gazette 12.12.2017 p4960) Statutes Amendment and Repeal (Simplify) Act 2019 Pt 5 (ss 7 to 14)—3.10.2019: s 2(1) Aquaculture (Tourism Development) Amendment Act 2021 9.12.2021 9.12.2023 (s 27(6) Legislation Interpretation Act 2021) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002 Pt 1 s 2 omitted under Legislation Revision and Publication Act 2002 s 3 AAC deleted by 8/2015 s 33 Adelaide Dolphin Sanctuary inserted by 5/2005 Sch 2 (cl 2(1)) aquaculture emergency zone deleted by 27/2012 s 4(1) aquaculture equipment inserted by 27/2012 s 4(1) aquaculture lease or lease aquaculture lease amended to read aquaculture lease or lease by 27/2012 s 4(2) aquaculture licence deleted by 27/2012 s 4(3) aquaculture licence or licence inserted by 27/2012 s 4(3) development lease deleted by 27/2012 s 4(4) farming structures inserted by 27/2012 s 4(5) fisheries officer amended by 27/2012 s 4(6) marine park inserted by 60/2007 Sch 1 cl 2(1) Minister for the Adelaide Dolphin Sanctuary inserted by 5/2005 Sch 2 (cl 2(2)) deleted by 60/2007 Sch 1 cl 2(2) Minister's assessment guidelines inserted by 27/2012 s 4(7) Murray-Darling Basin inserted by 35/2003 Sch cl 2(a) prospective aquaculture zone deleted by 27/2012 s 4(8) public call area inserted by 27/2012 s 4(9) public register inserted by 27/2012 s 4(9) relevant Act inserted by 60/2007 Sch 1 cl 2(3) relevant Minister inserted by 60/2007 Sch 1 cl 2(3) relevant statutory authorisation inserted by 27/2012 s 4(10) research lease inserted by 27/2012 s 4(10) River Murray Protection Area inserted by 35/2003 Sch cl 2(b) specially protected area inserted by 60/2007 Sch 1 cl 2(4) suitable person inserted by 27/2012 s 4(11) Tribunal inserted by 51/2017 s 20 variation of licence conditions inserted by 7/2017 s 4 vary licence conditions inserted by 27/2012 s 4(11) deleted by 7/2017 s 4 s 4A inserted by 27/2012 s 5 s 6A inserted by 11/2011 s 4 16.6.2011 s 7 s 7(1) s 7 amended and redesignated as s 7(1) by 27/2012 s 6(1), (2) s 7(2) inserted by 27/2012 s 6(2) amended by 5/2017 s 16 Pt 4 s 11 s 11(2) amended by 27/2012 s 7(1), (2) (d) deleted by 27/2012 s 7(3) s 11(3a) inserted by 35/2003 Sch cl 2(c) substituted by 60/2007 Sch 1 cl 3 s 11(3b) inserted by 5/2005 Sch 2 (cl 3) deleted by 60/2007 Sch 1 cl 3 s 11(3b) inserted by 27/2012 s 7(4) s 12 s 12(2) deleted by 8/2015 s 34(1) s 12(3) amended by 27/2012 s 8 amended by 5/2017 s 17 s 12(5) amended by 7/2017 s 5(1) s 12(5a) inserted by 7/2017 s 5(2) s 12(6) substituted by 8/2015 s 34(2) s 12(7) deleted by 8/2015 s 34(2) s 12(7a) inserted by 35/2003 Sch cl 2(d) substituted by 60/2007 Sch 1 cl 4 s 12(7b) inserted by 5/2005 Sch 2 (cl 4) substituted by 60/2007 Sch 1 cl 4 s 12(7c) inserted by 5/2005 Sch 2 (cl 4) deleted by 60/2007 Sch 1 cl 4 s 13 s 13(3a) inserted by 27/2012 s 9(1) s 13(9) inserted by 27/2012 s 9(2) s 14 s 14(1) amended by 27/2012 s 10 s 16 amended by 27/2012 s 11 Pt 5 s 17 substituted by 27/2012 s 12 Pt 6 Pt 6 Div 1 s 19 substituted by 27/2012 s 13 s 20 substituted by 27/2012 s 14 s 22 s 22(1) substituted by 27/2012 s 15(1) s 22(2) amended by 27/2012 s 15(2) s 22(2a)—(2d) inserted by 27/2012 s 15(3) s 22(3) amended by 27/2012 s 15(4) s 22(5) amended by 27/2012 s 15(5) ss 23 and 24 deleted by 27/2012 s 16 s 25 substituted by 27/2012 s 16 s 25A s 25A(3) amended by 7/2017 s 6 s 25B s 25B(2) substituted by 25/2019 s 7 ss 25C and 25D s 26 (b) deleted by 27/2012 s 17(1) amended by 27/2012 s 17(2) Pt 6 Div 2 s 28 substituted by 27/2012 s 18 s 28(1) amended by 25/2019 s 8 s 29 s 29(2) amended by 27/2012 s 19(1) s 29(3) amended by 27/2012 s 19(2) Pt 6 Div 3 deleted by 27/2012 s 20 Pt 6 Div 4 s 34 s 35 s 35(3) amended by 25/2019 s 9(1) s 35(9) amended by 25/2019 s 9(2) s 36 s 36(3) amended by 25/2019 s 10 s 37 s 37(1) s 37(2) amended by 27/2012 s 22(1), (2) s 37(3) amended by 27/2012 s 22(1), (3), (4) s 37(4) amended by 27/2012 s 22(1) s 37(4a) inserted by 27/2012 s 22(5) s 37(5) s 37(5a) inserted by 27/2012 s 22(6) s 37(6) and (7) s 38 s 38(1) substituted by 25/2019 s 11 s 38(1a) and (1b) inserted by 25/2019 s 11 s 38(3) amended by 27/2012 s 23 s 39 substituted by 27/2012 s 24 Pt 6 Div 4A inserted by 27/2012 s 25 s 39A s 39A(3) amended by 25/2019 s 12 Pt 6 Div 5 s 40 substituted by 27/2012 s 26 ss 41 and 42 deleted by 27/2012 s 26 s 44 s 44(1) amended by 27/2012 s 27(1) s 44(2) amended by 27/2012 s 27(2) s 44(3) amended by 27/2012 s 27(3) s 44A inserted by 27/2012 s 28 Pt 6 Div 6 s 47 s 47(1) amended by 27/2012 s 29 Pt 6 Div 7 inserted by 27/2012 s 30 Pt 7 s 49 s 49(1) deleted by 27/2012 s 31(1) s 49(2) amended by 27/2012 s 31(2) s 49(3) amended by 27/2012 s 31(3) s 50 s 50(1) and (2) deleted by 27/2012 s 32(1) s 50(3) amended by 27/2012 s 32(2), (3) amended by 25/2019 s 13 s 50(4) deleted by 27/2012 s 32(4) s 50(5) amended by 27/2012 s 32(5) s 50A inserted by 27/2012 s 33 s 52 substituted by 27/2012 s 34 s 52(4) amended by 7/2017 s 7 s 53 substituted by 27/2012 s 34 s 54 deleted by 27/2012 s 34 s 55 s 55(3) and (4) inserted by 27/2012 s 35 s 56 substituted by 27/2012 s 36 s 57 s 57(1) amended by 27/2012 s 37(1), (2) s 58 s 58(1) amended by 27/2012 s 38(1), (2) Pt 7A inserted by 48/2021 s 4 Pt 8 s 59 s 59(1) amended by 27/2012 s 39(1)—(4) (e) deleted by 27/2012 s 39(5) amended by 7/2017 s 8(1) amended by 48/2021 s 5(1) s 59(1a) inserted by 7/2017 s 8(2) amended by 48/2021 s 5(2), (3) s 59(1b) inserted by 48/2021 s 5(4) s 59(7) amended by 48/2021 s 5(5) s 59(9) amended by 48/2021 s 5(6) Pt 9 before substitution by 51/2017 s 60 s 60(1) amended by 27/2012 s 40(1) s 60(1a) inserted by 27/2012 s 40(2) s 60(3) amended by 27/2012 s 40(3) substituted by 51/2017 s 21 s 60 s 60(1) amended by 48/2021 s 6 s 60(2) amended by 25/2019 s 14 Pt 10 Pt 10 Div 1 s 60A inserted by 27/2012 s 41 Pt 10 Div 2 before deletion by 8/2015 s 65 s 65(1) amended by 27/2012 s 42(1), (2) s 68 substituted by 84/2009 s 31 Pt 10 Div 2 deleted by 8/2015 s 35 Pt 10 Div 3 s 73 s 73(1) amended by 27/2012 s 43 s 76 substituted by 84/2009 s 32 Pt 10 Div 4 s 79 s 79(1) amended by 27/2012 s 44(1) s 79(3) amended by 27/2012 s 44(2) s 79(4) amended by 27/2012 s 44(3) Pt 10 Div 5 s 80 s 80(2) amended by 27/2012 s 45(1), (2) amended by 48/2021 s 7(1) s 80(2a) amended by 48/2021 s 7(2) s 80(2b) amended by 48/2021 s 7(3) s 80(2c) Pt 10 Div 6 s 82 s 82(1) amended by 4/2007 Sch 2 cl 2(1) s 82(2) amended by 4/2007 Sch 2 cl 2(1), (2) amended by 27/2012 s 46 Pt 10A inserted by 27/2012 s 47 Pt 11 s 82B inserted by 27/2012 s 48 s 82B(1) amended by 48/2021 s 8(1), (2) s 84 deleted by 84/2009 s 33 s 88 s 88(1) substituted by 16/2013 s 8 amended by 48/2021 s 9(1) s 88(1a) inserted by 16/2013 s 8 amended by 48/2021 s 9(2) s 89 s 89(1) s 89 redesignated as s 89(1) by 16/2013 s 9 s 89(2) inserted by 16/2013 s 9 s 89A inserted by 27/2012 s 49 s 90 s 90(1) amended by 48/2021 s 10 s 90(5) inserted by 27/2012 s 50 s 91 s 91(2) amended by 27/2012 s 51 s 92 deleted by 27/2012 s 52 Sch before deletion by 27/2012 Pt 1 omitted under Legislation Revision and Publication Act 2002 Sch deleted by 27/2012 s 53 Transitional etc provisions associated with Act or amendments Aquaculture (Miscellaneous) Amendment Act 2012, Sch 1 Part 3—Transitional provisions 3—Aquaculture zones to be taken to be public call areas Until 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. 4—Development leases and corresponding licences to continue as production leases and corresponding licences The following provisions apply in relation to a development lease in force under the principal Act immediately before the commencement of this clause: (a) the development lease will be taken to be a production lease; (b) the conditions of the production lease will be the same as the conditions of the development lease; (c) the term of the production lease will be the balance of the term of the development lease; (d) a corresponding licence in relation to the development lease will be taken to be a corresponding licence in relation to the production lease. 5—Application of amendments to existing leases and licences The 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. 6—Variation of existing leases by Minister on renewal (1) The 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. (2) Before taking action under subclause (1), the Minister must give— (a) the holder of the aquaculture lease; and (b) if the public register includes a notation that a specified person has an interest in the lease—the specified person, a reasonable opportunity to make submissions on the proposed action. Part 4—Validation provisions 7—Aquaculture leases and licences All 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. 8—Delegations If 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. 9—Regulations and policies The 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. Statutes Amendment (Board and Committees—Abolition and Reform) Act 2015 36—Transitional provision A member of the Aquaculture Advisory Committee ceases to hold office on the commencement of this section. Statutes Amendment and Repeal (Simplify) Act 2017 9—Transitional provision If 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. Statutes Amendment (SACAT No 2) Act 2017 22—Transitional provisions (1) A 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. (2) Nothing 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. (3) In this section— principal Act means the Aquaculture Act 2001; relevant day means the day on which this Part comes into operation; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. Historical versions Reprint No 1—24.11.2003 16.6.2011 12.7.2012 (electronic only)