What it does
The Harbors and Navigation Act 1993 (SA) (the Act) establishes a comprehensive regulatory regime for the administration, development, commercial exploitation and safe use of South Australian harbors, ports and navigable waters. Its objects are explicitly stated in s 3: efficient administration and management of harbors to maximise trade (s 3(a)), reliable cargo facilities (s 3(b)), safe and orderly shipping movement (s 3(c)), economic and commercial exploitation (s 3(d)), safe navigation (s 3(e)), safe recreational and aquatic use (s 3(f)), and furthering the objects of the Adelaide Dolphin Sanctuary Act 2005 and Marine Parks Act 2007 where relevant (s 3(g)–(h)).
At its core the Act vests extensive property rights in the Minister. Section 15(1) vests in the Minister (as corporation sole under s 8) all adjacent land (defined in s 4(1) as the strip from low-water mark to the nearest road or 50 m from high-water mark), subjacent land, wharves, docks, jetties, structures in harbors or on adjacent/subjacent land, and all navigational aids within the jurisdiction. These interests are held in fee simple subject to pre-existing registered interests (s 15(2)). The Crown Lands Act 1929 does not apply (s 15(4)), but the Minister retains broad powers to grant leases, licences and rights of occupancy (s 19), acquire land (s 16, applying the Land Acquisition Act 1969), resume certain public reserves (s 17), and place land under the care, control and management of councils or other bodies by proclamation (s 18).
Part 4 confers powers to protect navigation. The Minister controls navigational aids (s 22), may establish them (s 23) and can direct businesses to install and maintain them (s 23(2)). Interference is prohibited (s 24). Wrecks and obstructions must be removed on notice (s 25); failure allows the Minister or port operator to act and recover costs as a debt, with criminal sanctions up to $5 000 (s 25(4)). Licences may be granted for aquatic activities (s 26) and the Governor may declare restricted areas by regulation (s 27).