AQUACULTURE ACT 2001

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 3 Interpretation
• 4 Ecologically sustainable development
• 4A Suitable person to be granted licence
• 5 Crown bound
• 6 Application of Act
• 6A Licence or other right is not personal property for the purposes of Commonwealth Act
• 7 Interaction with other Acts

PART 2--Objects of Act

• 8 Objects of Act

PART 3--Efficient administrative practices

• 9 Efficient administrative practices

PART 4--Aquaculture policies

Division 1--General

• 10 Interpretation
• 11 Nature and content of policies
• 12 Procedures for making policies
• 13 Parliamentary scrutiny
• 14 Certain amendments may be made by Gazette notice only
• 15 Availability and evidence of policies

Division 2--Contravention of mandatory provisions

• 16 Offence to contravene mandatory provisions of policy

PART 5--Requirement for licence

• 17 Requirement for licence

PART 6--Leases

Division 1--General

• 18 Application of Part
• 19 Requirement for lease
• 20 Concurrence under Harbors and Navigation Act
• 21 Leases not permitted in respect of aquaculture exclusion zones
• 22 General process for grant and renewal of leases and corresponding licences
• 25 Lease conditions
• 25A Variation of lease or lease conditions by or with consent of lessee
• 25B Cancellation of lease
• 25C Surrender of lease
• 25D Corresponding licences terminated on termination of lease
• 26 Classes of leases

Division 2--Pilot leases

• 27 Pilot leases outside aquaculture zones
• 28 Granting of corresponding licence for pilot lease
• 29 Term and renewal of pilot leases
• 30 Pilot leases not transferable
• 31 Licences may only be held by lessees

Division 4--Production leases

• 34 Granting of production leases limited to aquaculture zones
• 35 Granting of production leases and corresponding licences in public call areas
• 36 Granting of production leases and corresponding licences if public call not required
• 37 Conversion of pilot leases to production leases
• 38 Term and renewal of production leases
• 39 Transfer of production leases

Division 4A--Research leases

• 39A Granting of research leases and corresponding licences
• 39B Term and renewal of research leases
• 39C Research leases not transferable
• 39D Licences may only be held by lessees

Division 5--Emergency leases

• 40 Granting of leases and corresponding licences in circumstances of emergency
• 43 Only holder of leases affected by emergency may hold emergency leases
• 44 Term and renewal of emergency leases
• 44A EPA and Minister to be notified of emergency lease

Division 6--Occupation of marked-off areas

• 45 Exclusive occupation of marked-off areas
• 46 Control of marked-off areas
• 47 Interference with stock or equipment within marked-off areas
• 48 Offence to pretend to be authorised person

Division 7--Power to require or carry out work

• 48A Power to require or carry out work

PART 7--Licences

• 49 Applications for licences other than corresponding licences
• 50 Grant of licences other than corresponding licences
• 50A Term and renewal of licences other than corresponding licences
• 51 Licences may be held jointly
• 52 Licence conditions
• 53 Annual fees
• 55 Transfer of licences
• 56 Surrender of licences
• 57 Suspension or cancellation of licences
• 58 Power to require or carry out work

PART 7A--Tourism development

• 58A Preliminary
• 58B Application of Planning, Development and Infrastructure Act 2016
• 58C Offence to carry out aquaculture tourism development
• 58D Aquaculture tourism development authorisation
• 58E Tourism leases and tourism licences
• 58F Concurrences and consents
• 58G Public notice
• 58H Power to require or carry out work
• 58I Removal of unauthorised development

PART 8--Reference of matters to EPA

• 59 Reference of matters to EPA

PART 9--Reviews

• 60 Reviews

PART 10--Administration

Division 1--Minister

• 60A Guidelines for ATAB assessment of lease and corresponding licence applications
• 61 Power of delegation
• 62 Acquisition of land

Division 3--Aquaculture Tenure Allocation Board

• 71 Establishment of Aquaculture Tenure Allocation Board
• 72 Functions of ATAB
• 73 Membership of ATAB
• 74 Terms and conditions of membership
• 75 Remuneration
• 76 Conflict of interest under Public Sector (Honesty and Accountability) Act
• 77 Validity of acts of ATAB
• 78 Procedures of ATAB

Division 4--Fund

• 79 Aquaculture Fund

Division 5--Public register

• 80 Public register
• 81 Public register to be available for inspection

Division 6--Fisheries officers and their powers

• 82 Fisheries officers and their powers

PART 10A--Compliance with general environmental duty and environment protection policies

• 82A Administration of general environmental duty and environment protection policies by Minister and fisheries officers

PART 11--Miscellaneous

• 82B Death, bankruptcy etc of lessee or licensee
• 83 Annual reports
• 85 False or misleading information
• 86 Service of documents
• 87 Continuing offence
• 88 Liability of directors
• 89 General defence
• 89A Confidentiality
• 90 Evidentiary
• 91 Regulations
Legislative history The Parliament of South Australia enacts as follows: