Part 9Permits

Part 9—Permits 152—Prescribed matters Without limiting section 183, the regulations may— (a) prescribe different classes of permits for the purposes of this Act; and (b) prescribe circumstances in which the Minister must not grant a permit; and (c) prescribe matters that must be taken into account in relation to the grant of, or the conditions to be attached to, particular kinds of permits; and (d) prescribe conditions that must be attached to particular kinds of permits (which may include conditions requiring the payment of a fee or royalty); and (e) create offences relating to any acts or activities authorised by a permit or connected to any such acts or activities. 153—Permits—general matters (1) Subject to this Part, the Minister may grant to any person a permit contemplated by this Act. (2) An applicant for a permit under this Act— (a) must make the application in a manner and form determined by the Minister; and (b) must, subject to any applicable waiver or reduction, pay to the Minister the prescribed fee in respect of the permit at the time of making the application. (3) The Minister may refuse to grant a permit under any provision of this Act if, in the Minister's opinion— (a) the applicant is not a fit and proper person to hold the permit; or (b) the grant of the permit would not be consistent with considerations prescribed by the regulations in relation to such permits or is otherwise not permitted by the regulations; or (c) to grant the permit would be inconsistent with the objects or principles of this Act or is not otherwise in the public interest; or (d) the applicant should fulfil certain requirements specified by the Minister before the permit is granted and the applicant has not fulfilled those requirements; or (e) the applicant has previously contravened a requirement of this Act or a repealed Act; or (f) the applicant has previously contravened a condition, or requirement, of a permit, or has had a permit revoked, under this Act or the former Act. (4) The Minister may, at any time by notice given to the holder of a permit— (a) vary the permit; or (b) vary or revoke a condition of the permit. (5) A permit— (a) is subject to such limitations, restrictions and conditions as may be required by the regulations or that the Minister thinks fit and includes in the permit; and (b) may be suspended or revoked by the Minister by notice given to the holder of the permit— (i) if the holder of the permit has, in the opinion of the Minister, contravened any limitation, restriction or condition of the permit; or (ii) if the holder of the permit has contravened this Act or a prescribed law; or (iii) if, in the opinion of the Minister, the holder of the permit is no longer a fit and proper person; or (iv) if, in the opinion of the Minister, it is in the interests of conservation to do so; or (v) in any other circumstances that the Minister considers reasonable. (6) A permit— (a) comes into operation on the day fixed in the permit for its commencement or, if no such day is fixed, on the day on which it is granted; and (b) expires on the day fixed in, or determined in accordance with, the permit for its expiry or, if no such day is fixed or determinable, on the expiration of 12 months from the day on which it came into operation. (7) The holder of a permit may surrender the permit to the Minister if the Minister so allows. (8) If the holder of a permit applies for the reissue of the permit for a successive term and the application is not decided before the expiry of the term of the permit, the permit continues in operation after the expiry until the application for the reissue of the permit is determined, unless the permit is subject to a condition that provides otherwise. (9) A permit granted under a provision of this Act may be assigned to another person only if it is a permit for a prescribed activity or a permit of a prescribed class and the assignment complies with any prescribed conditions. (10) In this section— former Act means the National Parks and Wildlife Act 1972. 154—Permits—conditions (1) Without limiting the conditions on which a permit relating to animals may be granted under this Act, those conditions may— (a) provide for marking, or otherwise identifying, animals to which the permit relates; and (b) require the holder of the permit to report the escape, illness or death of any animal to which the permit relates; and (c) require the holder of the permit to report to the Minister— (i) the birth of any progeny to any animals to which the permit relates; or (ii) any other matter related to the acts or activities conducted in accordance with the permit. (2) If the applicant has, in accordance with section 159(1)(b), proposed to carry out or undertake, or cause to be carried out or undertaken, an act or activity to offset any residual negative impacts or hindrance caused by the taking of a native plant, the Minister must attach a condition to the permit requiring that the proposed act or activity be achieved. (3) A condition of a permit may require compliance with a specified code of practice, standard or other document as in force at a specified time or as in force from time to time. 155—Permits—fees (1) The fees prescribed in respect of permits granted under this Act may exceed the Minister's costs in granting the permits and administering this Act in relation to the permits. (2) A fee payable in respect of the grant of a permit under this Act may be charged as an amount payable on application, or as an amount payable on application but with further amounts payable during the term of the permit (and the requirement to pay such further amounts will be taken to be a condition of the permit). (3) If— (a) a permit is granted for a term of more than 12 months; and (b) the Minister allows the holder of the permit to surrender it to the Minister under section 153(7); and (c) the holder of the permit surrenders the permit 12 months or more before its specified term expires, a proportionate part of the fee paid for the permit reflecting each complete year of the unexpired term is payable by the Minister to the former holder of the permit. 156—Permits—provision of information (1) The holder of a permit under this Act must provide the Minister with such information as is specified in the permit or required by regulation. (2) A person to whom a permit has been granted under this Act must, within the period specified in the permit or, if no period is specified, 28 days after the revocation or expiry of the permit, deliver to the Minister— (a) such information as is specified in the permit; or (b) a report in the form determined by the Minister on the matters specified in the permit. (3) A person to whom a permit relating to taking animals has been granted must, within 14 days after the expiration or revocation of the permit, deliver to the Minister a report in the prescribed form stating the number of animals of each species taken in accordance with the permit. (4) A person to whom a permit relating to taking eggs has been granted must, within 14 days after the expiration or revocation of the permit, deliver to the Minister a report in the prescribed form stating the number of eggs of each species of animal taken in accordance with the permit. (5) The holder of a permit issued under this Act must, if any of their personal or contact details change during the term of the permit, give the Minister notice in writing of the new details within 14 days of the change. 157—Permits—certain areas (1) If a permit granted under this Act relates to an act or activity that is to be, or may be, undertaken within a River Murray Protection Area, the permit must be consistent with the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act. (2) If an application for a permit under this Act relates to an act or activity that is to be, or may be, undertaken within a River Murray Protection Area and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of applications for all such permits), the Minister must, before making a decision on the application— (a) consult the Minister responsible for the administration of the River Murray Act 2003; and (b) comply with the Minister's directions (if any) in relation to the application (including a direction that the application not be granted, or that if it is to be granted, then the permit be subject to conditions specified by the Minister). (3) If a permit granted under this Act relates to an act or activity that is to be, or may be, undertaken within the Adelaide Dolphin Sanctuary, the permit must be consistent with the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005. (4) If an application for a permit under this Act relates to an act or activity that is to be, or may be, undertaken within the Adelaide Dolphin Sanctuary and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of applications for all such permits), the Minister must, before making a decision on the application, consult with and have regard to the views of the Minister responsible for the administration of the Adelaide Dolphin Sanctuary Act 2005. 158—Permits for commercial purposes relating to native plants (1) The Minister may, by notice in the Gazette and on a website determined by the Minister— (a) declare that this section applies to, and in relation to, a species of plant; and (b) vary or revoke a declaration referred to in paragraph (a). (2) Before making a declaration under subsection (1), the Minister must prepare a draft management plan in relation to the following matters: (a) the effect of taking individual plants for commercial purposes on the species and on the ecosystem of which the plants taken formed part; (b) the need for research in relation to that species; (c) the identification of plants and plant products; (d) any other matters that should, in the opinion of the Minister, be addressed. (3) The Minister must, by notice published on a website determined by the Minister— (a) state the website at which the draft plan is available; and (b) invite interested persons to provide the Minister with written comments in relation to the draft plan. (4) A draft plan must be made available on a website specified in the notice under subsection (3) for public comment for at least 30 days before adoption by the Minister. (5) Before adopting the draft plan, the Minister must have regard to any comments received during the period referred to in subsection (4) and may, if the Minister thinks fit, vary the plan to take account of those comments. (6) The Minister must, by notice in the Gazette— (a) state that a management plan has been adopted under this section; and (b) state the website at which the plan is available. (7) A management plan may be replaced or varied by a further plan prepared and adopted by the Minister in accordance with this section. (8) The taking and sale of plants of a species to which this section applies for commercial purposes in accordance with a permit under this Act is subject to restrictions or conditions imposed from time to time by regulation or by the Minister when granting the permit. (9) Restrictions and conditions imposed by regulation must be consistent with the management plan adopted by the Minister under this section in relation to the commercial taking and sale of plants of the species concerned. (10) If a permit granted for commercial purposes relates to plants of a species to which this section applies and a royalty is payable under this Act in respect of the taking of plants of that species, the Minister may require the applicant to pay in advance an amount equal to the total amount of royalty that would be payable if all the plants that could be taken in accordance with the permit were taken. 159—Permits to take native plant that is critical habitat feature (1) If the taking of a native plant that is the subject of the application for a permit under this Act relates to a plant that is a critical habitat feature of critical habitat and is, in the opinion of the Minister, likely to negatively impact on, or hinder the recovery of, the threatened species, threatened ecological community or listed ecological entity that was the basis for the habitat's eligibility to be declared as critical habitat, the Minister must not grant the permit unless satisfied that the negative impact or hindrance cannot be avoided or further mitigated and— (a) that the applicant has carried out or undertaken, or caused to be carried out or undertaken, an act or activity that the Minister is satisfied has offset any residual negative impacts or hindrance to positively impact on the recovery of the threatened species, threatened ecological community or listed ecological entity (as the case may be); or (b) that the applicant proposes to carry out or undertake, or cause to be carried out or undertaken, an act or activity that the Minister is satisfied will offset any residual negative impacts or hindrance to positively impact on the recovery of the threatened species, threatened ecological community or listed ecological entity (as the case may be). (2) For the purposes of subsection (1), the Minister may not consider payment into a fund as an act or activity which offsets any residual negative impacts or hindrance caused by taking the native plant. 160—Permits to carry out or undertake regulated acts or activities under Part 5 (1) Subject to subsection (2), the Minister may only grant a permit to take a protected animal or a protected egg if— (a) the Minister is satisfied that it is desirable to grant the permit— (i) to facilitate scientific research; or (ii) to enable the person to place bands, marks or tags on such animals and then to release them; or (iii) to permit the destruction or removal of animals that are causing, or are likely to cause, a safety risk or hazard to humans; or (iv) to permit the destruction or removal of animals that are causing, or are likely to cause, damage to the environment or to crops, stock or other property; or (v) to facilitate the translocation, or captive breeding, of a species to aid in the conservation of the species; or (vi) to enable captive breeding for the purposes of selling, farming or exporting the progeny of that animal; or (vii) to enable relocation of the animal or egg to ensure the animal's or egg's safety and welfare; or (viii) for any other purpose (other than for sale) that the Minister considers proper and not inconsistent with the objects of this Act; or (b) the grant of the permit is in accordance with a declaration made under section 69. (2) The Minister may only grant a permit to take a protected animal or a protected egg within a sanctuary if satisfied that it is in the interests of conserving protected animals to do so. (3) A permit granted by the Minister permitting a person to keep or deal with a protected animal or a protected egg does not apply in relation to a protected animal or protected egg illegally taken or acquired. (4) The Minister must not grant a permit to export or import a protected animal or a protected egg unless— (a) in the case of a permit granted in respect of export, the Minister is satisfied that the person to whom the permit is granted is lawfully in possession of the protected animal or protected egg; or (b) in the case of a permit granted in respect of import, the Minister is satisfied that the protected animal or protected egg was lawfully acquired in the place of origin. (5) The Minister may only grant a permit to harvest a protected animal if— (a) a management plan has been adopted by the Minister under section 68 in relation to that species of animal and granting the permit is consistent with that plan; and (b) the Minister is satisfied that the taking of animals of the species concerned in accordance with the permit and all other permits granted under this Act— (i) will not adversely affect the ecosystems which animals of that species form part or the diversity of the species of animals and plants comprising those ecosystems; and (ii) will not adversely affect the species as a renewable resource for harvesting in the future. (6) A permit granted by the Minister permitting a person to harvest a protected animal does not apply in a reserve unless culling of the protected animal in that reserve is permitted by a declaration of the Minister made under section 43BA of the National Parks Act 1972 and the permit only authorises the harvesting of the animals in accordance with that declaration. (7) Without limiting the conditions that may be imposed on a permit under this Act, a permit granted by the Minister permitting a person to harvest a protected animal is subject to a condition requiring the holder of the permit to use the methods and observe the procedures set out in the management plan for the killing, the capture and killing and the treatment after capture of animals of the species to which the permit relates. (8) The Minister must, before determining an application for a permit that relates to, or is to apply in respect of, a fish that is a protected animal, consult with the Minister responsible for the administration of the Fisheries Management Act 2007. 161—Permits to hunt A permit granted by the Minister permitting a person to hunt cannot authorise hunting within the Adelaide Dolphin Sanctuary. 162—Review by SACAT of certain permits (1) A person who has applied for a permit under this Act in respect of taking a protected animal or a protected egg may apply to SACAT under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of a decision of the Minister— (a) to refuse to grant the permit; or (b) to grant the permit subject to limitations, restrictions or conditions; or (c) as to the term of the permit; or (d) to revoke the permit. (2) SACAT is, by force of this section, conferred with jurisdiction to deal with matters consisting of the review of a decision referred to in subsection (1). (3) Subject to subsection (5), an application must be made within 2 months after the making of the decision that is being reviewed. (4) The Minister must, if required by the applicant for the review, state in writing the reasons for the decision. (5) If the reasons of the Minister are not given to the applicant for the review in writing at the time of making the decision and that person (within 2 months of the making of the decision) requires the Minister to state the reasons in writing, the time for making an application to SACAT runs from the time at which that person receives the written statement of those reasons. (6) For the purposes of proceedings before SACAT under this section, a panel of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 that consists of persons that have extensive experience in the following: (a) the conservation of animals, plants or other natural resources; (b) the conservation of ecosystems; (c) the management of natural resources; (d) primary production; (e) relevant fields of the biological sciences. (7) In any proceedings under this section, SACAT may, if the President so determines, sit with 1 or more assessors selected by the President from the panel referred to in subsection (6). President means the President of SACAT appointed under the South Australian Civil and Administrative Tribunal Act 2013. 163—Contravention of condition etc of permit A person must not contravene a condition of, or requirement, restriction or limitation applying in respect of, a permit granted to the person. 164—Royalty (1) A permit granted under this Act may require the permit holder to pay a royalty on the— (a) taking, farming or harvesting of a protected animal, protected animal product or protected egg; or (b) taking of any native plant (or any parts or seeds of a native plant). (2) The amount of a royalty is to be fixed by fee notice made in accordance with section 183(7) and may vary according to any factor or factors specified in the notice. (3) If a royalty is payable under this Act, the Minister may require the applicant to pay (when the permit is granted or at any later time) an amount equal to the total amount of royalty that would be payable if all of the things authorised to be taken, farmed or harvested by the permit were so taken, farmed or harvested. (4) If a person fails to comply with a requirement to pay a royalty in accordance with a permit, the Minister or an authorised officer may seize any protected animals, protected animal products, protected eggs or native plants (or any parts or seeds of a native plant) on which royalty is unpaid. (5) The Minister may sell any items seized under this section and must pay any proceeds into the Biodiversity Conservation Fund. (6) The Minister may, by action in any court of competent jurisdiction, recover, as a debt, from any person an amount of royalty for which that person is liable under this Act. (7) Subsection (6) does not derogate from any other remedy available to the Minister for the recovery of royalty. 165—False representation A person must not falsely represent that they are the holder of a permit granted by the Minister under this Act.