Part 6Miscellaneous provisions

Part 6—Miscellaneous provisions 69—Permits (1) An applicant for a permit under this Act— (a) must make the application in a manner and form determined by the relevant authority; and (b) must, subject to subsection (2), pay to the relevant authority the appropriate fee fixed by regulation in respect of the permit at the time of the application. (2) The relevant authority may, if satisfied that there are special reasons for doing so, remit the whole or any portion of any fee payable in respect of the grant of a permit under this Act. (2a) The relevant authority may refuse to grant a permit under any provision of this Act if, in the relevant authority's opinion— (a) the applicant is not a fit and proper person to hold the permit; or (b) to grant the permit would be prejudicial to the interests of conservation; or (c) the applicant should fulfil certain requirements specified by the relevant authority before the permit is granted and the applicant has not fulfilled those requirements. (2b) If a permit granted under any provision of this Act relates to an 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. (2c) If an application for a permit under any provision of this Act relates to an 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 relevant authority must, before making a decision on the application— (a) consult the Minister to whom the administration of the River Murray Act 2003 is committed; 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). (2d) If a permit granted under any provision of this Act relates to an 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. (2e) If an application for a permit under any provision of this Act relates to an 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 to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed. (3) A permit— (a) is subject to such limitations, restrictions and conditions as the relevant authority thinks fit and includes in the permit; and (b) may, if the holder of the permit has in the opinion of the relevant authority contravened or failed to comply with any limitation, restriction or condition of the permit, be revoked by the relevant authority by instrument in writing served personally or by post upon that person; and (c) may be revoked by the relevant authority by instrument in writing served personally or by post upon the holder of the permit if, in the opinion of the relevant authority, it is in the interests of conservation to do so. (4) Without limiting the conditions upon 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 relevant authority the birth of any progeny to the animals to which the permit relates. (4a) 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. (5) 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 the permit for its expiry or, if no such day is fixed, on the expiration of 12 months from the day on which it came into operation. (6) Where— (a) a permit is granted for a term of more than 12 months; and (b) the permit includes a condition that entitles the holder of the permit to surrender it to the relevant authority; 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 relevant authority to the former holder of the permit. (7) Where— (a) a hunting permit granted under section 68A authorises the hunting of ducks but does not authorise the hunting of any other animal; and (b) during the whole of a particular year of the term of the permit it is not legally possible to hunt ducks pursuant to the permit because the relevant authority has not declared an open season under section 52 for duck hunting in any part of the State to which the permit applies, the term of the permit is extended by one year without the payment of a fee in respect of the extension. (7a) A permit granted under a provision of this Act may be transferred only if it is a permit for a prescribed activity or a permit of a prescribed class and the transfer complies with any prescribed conditions. (8) In this section— (a) in relation to a permit issued by, or to be issued by, a co‑management board for a co‑managed park constituted of Aboriginal‑owned land—the co‑management board for the park; or 70—Obligation to produce permit A person required by this Act to hold a permit, or to have written permission, must if requested by a warden, produce the permit or written permission for inspection by the warden as soon as practicable after the request is made. 70A—Failure to comply with authority (1) If the holder of an authority, or a person acting in the employment or with the authority of the holder of an authority, contravenes or fails to comply with a limitation, restriction, condition or provision of the authority, the holder of the authority is guilty of an offence. Maximum penalty: $2 500. Expiation fee: $210. (2) In this section— authority means a permit, permission or other authority granted by the Director, the Minister or a co‑management board under this Act or other law. 71—Duplicate (1) If the relevant authority is satisfied— (a) that any permit or other document issued to any person under this Act has been lost, destroyed or defaced; and (b) that no improper use has been made of that permit or document, the relevant authority may on the application of that person, and on payment of the prescribed fee, issue a duplicate of the permit or other document. (2) A duplicate issued under this section has the same force and effect as the original of which it is a duplicate. (a) in relation to a co‑managed park constituted of Aboriginal‑owned land—the co‑management board for the park; or 72—False or misleading statement (1) A person must not make, or cause to be made, a false or misleading statement in relation to the administration of this Act. (1a) Without limiting subsection (1), a person must not make, or cause to be made, a false or misleading statement in an application, return or other document under this Act. (2) It is a defence to a charge for an offence under this section that the defendant believed on reasonable grounds that the statement was true. 73—Offences against provisions of proclamations and notices (1) A person must not contravene, or fail to comply with, any provision or condition of a proclamation or notice under this Act. 73A—Liability of vehicle owners and expiation of certain offences (1) In this section— owner, in relation to a vehicle, includes— (a) a person registered or recorded as an owner of the vehicle under a law of this State or of the Commonwealth or another State or Territory of the Commonwealth; and (b) a person to whom a trade plate, a permit or other authority has been issued under the Motor Vehicles Act 1959 or a similar law of the Commonwealth or another State or Territory of the Commonwealth, by virtue of which the vehicle is permitted to be driven on roads; and (c) a person who has possession of the vehicle by virtue of the hire or bailment of the vehicle; prescribed offence means an offence against a provision of this Act prescribed by regulation for the purposes of this definition; principal offender means a person who has committed a prescribed offence. (2) Without derogating from the liability of any other person, but subject to this section, if a vehicle is involved in a prescribed offence, the owner of the vehicle is guilty of an offence and liable to the same penalty as is prescribed for the principal offence and the expiation fee that is fixed for the principal offence applies in relation to an offence against this section. (3) Where there are two or more owners of the same vehicle a prosecution for an offence against subsection (2) may be brought against one of the owners or against some or all of the owners jointly as co-defendants. (4) The owner of a vehicle and the principal offender are not both liable through the operation of this section to be convicted of an offence arising out of the same circumstances, and consequently conviction of the owner exonerates the principal offender and conversely conviction of the principal offender exonerates the owner. (5) An expiation notice or expiation reminder notice given under the Expiation of Offences Act 1996 to the owner of a vehicle for an alleged offence against this section involving the vehicle must be accompanied by a notice inviting the owner, if he or she was not the principal offender, to provide the person specified in the notice, within the period specified in the notice, with a statutory declaration— (a) setting out the name and address of the principal offender; or (b) if he or she had transferred ownership of the vehicle to another prior to the time of the alleged offence and, in the case of a motor vehicle defined by section 5(1) of the Road Traffic Act 1961, has complied with the Motor Vehicles Act 1959 in respect of the transfer—setting out details of the transfer (including the name and address of the transferee). (6) Before proceedings are commenced against the owner of a vehicle for an offence against this section involving the vehicle, the complainant must send the owner a notice— (a) setting out particulars of the alleged prescribed offence; and (b) inviting the owner, if he or she was not the principal offender, to provide the complainant, within 21 days of the date of the notice, with a statutory declaration setting out the matters referred to in subsection (5). (7) Subsection (6) does not apply to— (a) proceedings commenced where an owner has elected under the Expiation of Offences Act 1996 to be prosecuted for the offence; or (b) proceedings commenced against an owner of a vehicle who has been named in a statutory declaration under this section as the principal offender. (8) Where a person is found guilty of, or expiates, a prescribed offence or an offence against this section, neither that person nor any other person is liable to be found guilty of, or to expiate, an offence against this section or a prescribed offence in relation to the same incident. (9) Subject to subsection (10), in proceedings against the owner of a vehicle for an offence against this section, it is a defence to prove— (a) that, in consequence of some unlawful act, the vehicle was not in the possession or control of the owner at the time of the alleged prescribed offence; or (b) that— (i) the driver or operator of the vehicle was not the principal offender or one of the principal offenders; and (ii) the owner does not know and cannot reasonably be expected to know the identity of the principal offender or of any one of the principal offenders; or (c) that, at the time of the alleged prescribed offence, the vehicle was being used for a commercial purpose; or (d) that the owner provided the complainant with a statutory declaration in accordance with an invitation under this section. (10) The defence in subsection (9)(d) does not apply if it is proved that the owner made the declaration knowing it to be false in a material particular. (11) If— (a) an expiation notice is given to a person named as the alleged principal offender in a statutory declaration under this section; or (b) proceedings are commenced against a person named as the alleged principal offender in such a statutory declaration, the notice or summons, as the case may be, must be accompanied by a notice setting out particulars of the statutory declaration that named the person as the alleged principal offender. (12) In proceedings against a person named in a statutory declaration under this section for the offence to which the declaration relates, it will be presumed, in the absence of proof to the contrary, that the person was the principal offender. (13) In proceedings against the owner or the principal offender for an offence against this Act, an allegation in the complaint that a notice was given under this section on a specified day will be accepted as proof, in the absence of proof to the contrary, of the facts alleged. (14) A vehicle will be taken to be involved in a prescribed offence for the purposes of subsection (2) if it was used in, or in connection with, the commission of the offence. (15) Without limiting subsection (14), a vehicle will be taken to be used in connection with the commission of an offence if it is used to convey the principal offender or equipment, articles or other things used in the commission of the offence to the place where, or to the general area in which, the offence was committed. 74—Additional penalty (1) Where a person is convicted of an offence involving any unlawful act in relation to animals and the court is satisfied that more than one animal was involved in the offence, it must, in addition to imposing a penalty authorised by the provisions of this Act under which the offence arises, impose an additional fine based on the number of animals involved in the commission of the offence. (2) The amount of the additional fine is— (a) not more than $1 000 for each animal of an endangered species involved in the commission of the offence; and (b) not more than $750 for each animal of a vulnerable species involved in the commission of the offence; and (c) not more than $500 for each animal of a rare species involved in the commission of the offence; and (d) not more than $250 for each animal (not being an animal referred to in paragraph (a), (b) or (c)) involved in the commission of the offence. 74A—Maximum penalties in relation to wilderness protection areas and zones The maximum penalties prescribed by sections 47(3) and 51 are increased by one half of those penalties in respect of the taking of a native plant or a protected animal or the eggs of a protected animal in a wilderness protection area or wilderness protection zone. 75—Evidentiary provisions (1) In any proceedings for an offence against this Act, an apparently genuine document purporting to be signed by the Director, and to state that at any specified time or during any specified period a person was or was not the holder of a permit under this Act is proof of the matter so stated in the absence of proof to the contrary. (2) In any proceedings for an offence against this Act, an allegation in a complaint that a place referred to in the complaint is, or was at a time specified in the complaint, a reserve or sanctuary under this Act or a wilderness protection area or wilderness protection zone or is situated within a reserve, sanctuary, wilderness protection area or zone, will be accepted as proved in the absence of proof to the contrary. (3) Where in any proceedings for an offence against this Act, any question arises as to whether the defendant was duly authorised pursuant to this Act to perform the action subject to the charge, the onus of proving that authorisation lies upon the defendant. (4) In any proceedings for an offence against this Act, an allegation in the complaint that a person named in the complaint is, or was at a time specified in the complaint, a warden will be accepted as proved in the absence of proof to the contrary. (5) In proceedings for an offence against this Act, an allegation in the complaint that an animal referred to in the complaint was a protected animal, or that a carcass or egg referred to in the complaint was the carcass or egg of a protected animal, will be accepted as proved in the absence of proof to the contrary. (6) In any proceedings for an offence against this Act, an allegation in the complaint that an animal referred to in the complaint was of a specified species, or that a carcass or egg referred to in the complaint was the carcass or egg of an animal of a specified species, will be accepted as proved in the absence of proof to the contrary. 75A—Defence It is a defence to a charge of an offence against this Act to prove that the defendant— (a) acted in a manner authorised by or under the Native Vegetation Act 1991; or (b) acted in compliance with a requirement of the Landscape South Australia Act 2019; or (c) acted in compliance with a requirement of any other Act. 77—Powers of court Upon convicting any person for an offence against this Act, the court may, in addition to imposing any other penalty, order— (a) that any permit of the convicted person be cancelled; and (b) that the convicted person be disqualified for such period as the court may specify from holding and obtaining a permit under this Act. 78—Financial provision (1) Subject to this Act, the money required for the purposes of this Act will be paid out of money provided by Parliament for those purposes. (2) Any money received or recovered by the Minister, the Chief Executive or the Director under this Act must, except as otherwise provided by this Act, be paid into the Consolidated Account. 79—Wilful damage to reserve or property of Minister or relevant board (1) A person who, intentionally and without lawful authority, destroys or damages any part of a reserve or any property of the Minister or a co‑management board on a reserve is guilty of an offence. Maximum penalty: $2 000 or imprisonment for 6 months. (2) Upon convicting a person for an offence against this section, the court may order the convicted person to pay to the Minister or a co‑management board such sum as the court thinks just by way of compensation. 80—Regulations (1) The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes or objects of this Act. (2) Without limiting the generality of subsection (1), the regulations may— (a) confer powers, authorities, duties and obligations upon the Minister, the Chief Executive, or the Director, or any officers appointed under this Act, that may be necessary or expedient for the administration or enforcement of this Act; and (b) regulate the use and enjoyment of reserves; and (c) provide for the safety of persons in reserves; and (d) establish standards of conduct to which those who may resort to a reserve must conform while on the reserve; and (e) provide for the removal of trespassers from reserves; and (f) restrict or prohibit access to reserves or any portions of reserves; and (g) provide for the preservation and protection of natural features of reserves; and (h) provide for the protection, conservation and management of animals and plants in reserves; and (i) regulate, restrict or prohibit the taking of animals and plants into reserves or the removal of animals and plants from reserves; and (ia) regulate, restrict or prohibit the removal of wood, mulch or other dead vegetation from reserves; and (j) provide for the impounding, removal, destruction, or disposal of animals found straying upon reserves; and (k) regulate, restrict or prohibit the taking of firearms or other devices into, or the use of firearms or other devices in, a reserve or sanctuary; and (l) provide for the collection of scientific specimens and the pursuit of research in reserves; and (m) reserve the whole or any portion of a reserve for a separate or exclusive use prescribed by the regulations; and (n) restrict or prohibit access to a reserve or any portion of a reserve by any person or class of persons; and (o) regulate, restrict or prohibit the use of roads or tracks in reserves; and (p) regulate, restrict or prohibit the use of motor vehicles or other vehicles in reserves; and (pa) empower the Director to fix one or more speed limits for vehicles driven within a reserve or any part of a reserve; and (q) provide for the impounding, removal or disposal of any vehicle or property found in a reserve in contravention of a regulation; and (r) prescribe fees or other charges relating to the administration of this Act; and (ra) provide for the recovery of fees or charges imposed by or under this Act; and (s) regulate, restrict or prohibit the parking of vehicles in a reserve; and (t) regulate, restrict or prohibit camping within a reserve; and (u) regulate, restrict or prohibit the erection of buildings, signs or other structures in reserves; and (v) provide for the protection and preservation of buildings, structures, signs and other improvements in reserves; and (w) exempt, conditionally or unconditionally, Aboriginal persons generally, or Aboriginal persons of a specified class, from all or any of the provisions of this Act in such portions of the State as may be specified in the regulations; and (wa) regulate the taking, keeping or selling of— (i) protected animals or other animals indigenous to Australia; or (ii) the eggs or carcasses of protected animals or other animals indigenous to Australia, (including pursuant to permits granted by the Minister under this Act); and (x) make any other provision that may in the opinion of the Governor conduce to the preservation or conservation of wildlife; and (y) prescribe penalties, recoverable summarily, for breach of, or non-compliance with, any regulation; and (z) fix expiation fees for alleged offences against this Act or the regulations. (2a) The Governor may, by regulation, amend Schedule 7, 8, 9 or 10 by deleting species of animals or plants from, or including species of animals or plants in, the Schedule. (2b) A regulation 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. (3) Any fees prescribed under this Act may be differential, varying according to any factor stated in the regulation. (4) A fee specifically prescribed to recover the cost of issuing a permit under this Act in the form of a plastic card may, when recovered, be retained by the Director and applied for the purposes of administering this Act without further appropriation by Parliament. 81—Codes of practice etc Subject to this Act, where a code of practice, standard or other document is incorporated into or referred to in this Act, the regulations or a permit granted under this Act— (a) a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister; and (b) evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a copy of a document apparently certified by or on behalf of the Minister to be a true copy of the code, standard or other document.