South Australian Consolidated Acts South Australian Consolidated Acts26—Licences for aquatic activities
(1) The CEO may grant
a licence entitling an organisation or person to use, in accordance with the
terms and conditions of the licence, any waters within the jurisdiction for
the purposes of an aquatic sport or activity or for any other purposes stated
in the licence.
(2) If the licence is
to be granted in relation to waters within a port, the CEO may only grant the
licence with the consent of the port operator (but the operator's consent must
not be unreasonably withheld).
(2a) If the licence is
to be granted in relation to waters that form part of the River Murray, the
CEO must—
(a)
consult with 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 issuing of
the licence (including a direction that the licence not be granted, or that if
it is to be granted, then the licence be subject to conditions specified by
the Minister).
(2b) If the licence is
to be granted in relation to waters that form part of—
(a) the
Adelaide Dolphin Sanctuary—the CEO must consult with and have regard to
the views of the Minister to whom the administration of the
Adelaide Dolphin Sanctuary Act 2005 is committed; or
(b) a
marine park—the CEO must consult with and have regard to the views of
the Minister to whom the administration of the Marine Parks Act 2007 is
committed.
(2c) The regulations
may exclude specified categories of licence from the operation of
subsection (2a) or (2b).
(3) The licensee may
be required by the terms and conditions of the licence to take specified
action for the purposes of informing the public of the area of waters to which
the licence relates and of the times the licensee is entitled to use of those
waters in accordance with the licence.
(4) A person who,
without the consent of the licensee, intrudes into waters when the licensee
has, under the licence, an exclusive right to use those waters is guilty of an
offence.
Maximum penalty: $750. 1
Expiation fee: $105.
(5) The CEO may revoke
a licence granted under this section for a breach of a term or condition of
the licence.
(6) In this
section—
"River Murray" has the same meaning as in the River Murray Act 2003 .
Note—
1 By virtue of Act No. 17 of 2001 s 4 (see
Gazette 25.10.2001 p4686 ) the maximum penalty for this offence was fixed at
$750 (no expiation fee) for 30 October 2001 only. Section 26 was substituted
on 31 October 2001 by Act No. 81 of 2000 s 11 (see Gazette 25.10.2001
p4687 ).