South Australian Consolidated Acts South Australian Consolidated Acts15—Permits for exploration or recovery of shipwrecks and relics
(1) The Minister may,
in the Minister's discretion, on application by a person, grant a permit to
that person authorising that person and other persons named or described in
the permit to do an act or thing specified in the permit the doing of which
would otherwise be prohibited by section 13 or by regulations made for
the purposes of section 14.
(2) The Minister may,
when granting a permit or at any time while a permit is in force, impose
conditions in respect of the permit and may at any time revoke or vary any
conditions so imposed.
(3) The conditions
that may be imposed under subsection (2) in respect of a permit
authorising the doing of an act or thing include but are not limited to—
(a) a
condition requiring the act or thing to be done in a specified manner; and
(b) a
condition requiring the act or thing to be done only in accordance with the
directions of a person named or described in the permit as a person empowered
to give such directions; and
(c) a
condition requiring articles obtained by the doing of an act that is
authorised by the permit to be done to be held in custody, or dealt with, as
specified in the permit or in directions given by a person named or described
in the permit as a person empowered to give such directions.
(3a) If an application
for a permit relates to an historic shipwreck or historic relic located within
the River Murray, the Minister must, in considering the application, seek to
further the objects of the River Murray Act 2003 and the Objectives for a
Healthy River Murray under that Act.
(3b) If an application
for a permit relates to an historic shipwreck or historic relic located, or an
activity to 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 Minister 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).
(3c) If an application
for a permit relates to an historic shipwreck or historic relic located within
the Adelaide Dolphin Sanctuary, the Minister must, in considering the
application, seek to further the objects and objectives of the
Adelaide Dolphin Sanctuary Act 2005 .
(3d) If an application
for a permit relates to an historic shipwreck or historic relic located, or an
activity to 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 his or her 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.
(4) A condition
imposed in respect of a permit (other than a condition contained in a permit)
or a revocation or variation of a condition so imposed takes effect when
notice of the condition or of the revocation or variation is served on the
person to whom the permit was granted.
(5) A person must not
contravene a condition imposed in respect of a permit that has been granted to
the person or is otherwise applicable to the person.
Maximum penalty: $2 500 or imprisonment for 2 years, or both.
(6) The Minister may,
at any time, by notice in writing to the person to whom a permit has been
granted—
(a)
revoke the permit; or
(b)
suspend the permit; or
(c)
cancel the suspension of the permit.
(7) A suspension of a
permit may be of indefinite duration or for a specified period.