Harbors and Navigation Regulations 2023
Part 2Administration
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Part 2—Administration 5—Approvals (1) An application for an approval of the CE or a port operator under these regulations must be made in a manner and form determined by the CE or port operator (as the case requires). (2) An applicant under this regulation must provide to the CE or port operator such information and records as the CE or port operator reasonably requires. (3) An approval given by the CE or a port operator for the purposes of these regulations— (a) must be in writing or, if given orally, must be confirmed in writing as soon as practicable; and (b) may be subject to such conditions as are specified by the CE or port operator (including a condition fixing a fee to be paid to the CE or port operator); and (c) may be varied or revoked by the CE or port operator (as the case requires) at any time. (4) If the CE or a port operator gives approval subject to a condition, the person to whom approval is given must not contravene the condition. (5) In any legal proceedings, a certificate apparently signed by the CE or a port operator certifying an approval or lack of approval under these regulations is, in the absence of proof to the contrary, proof of the matter certified. 6—Exclusion of property from vesting in Minister For the purposes of section 15(3)(c) of the Act, the following real property is excluded from the ambit of that section: (a) all subjacent land underlying, and land adjacent to— (i) the River Murray upstream of the sea mouth; and (ii) all lakes, lagoons and channels connected with the River Murray; (b) all subjacent land underlying, and land adjacent to— (i) the Onkaparinga River upstream of the seaward boundary of the area of the City of Onkaparinga; and (ii) all lakes, lagoons and channels connected with the Onkaparinga River; (c) all subjacent land underlying, and land adjacent to— (i) the Patawalonga Creek upstream of the seaward boundary of the area of the City of Holdfast Bay; and (ii) all lakes, lagoons and channels connected with the Patawalonga Creek; (d) all subjacent land underlying, and land adjacent to, the Glenelg River in the Hundred of Caroline, County of Grey; (e) all subjacent land underlying, and land adjacent to, any other inland waters except Lake Butler; (f) the land adjacent to the seashore situated above the High Water Mark in the Hundreds of Copley, Gillen, Jenkins and Cultana from the south‑eastern corner of the Government Town of Port Augusta West to the southern boundary of the Hundred of Cultana; (g) all wharves, docks, jetties and other structures in private ownership that are situated in a harbor or outside a harbor but on adjacent or subjacent land constructed after the commencement of the Act.