No. 54 2169

THE SOUTH AUSTRALIAN

GOVERNMENT GAZETTE

PUBLISHED BY AUTHORITY

ALL PUBLIC ACTS appearing in this GAZETTE are to be considered official, and obeyed as such

ADELAIDE, THURSDAY, 22 APRIL 1999

CONTENTS

Page Page Appointments, Resignations, Etc...... 2171 Proclamations...... 2170 Australian Human Resources Institute—Notice ...... 2178 Public Trustee Office—Administration of Estates ...... 2250 Corporations and District Councils—Notices ...... 2246 Real Property Act 1886—Notice...... 2218 Crown Lands Act 1929—Notices...... 2171 REGULATIONS Development Act 1993—Notices...... 2172 Road Traffic Act 1961 (No. 30 of 1999)...... 2242 Fisheries Act 1982—Notices...... 2179 Motor Vehicles Act 1959 (No. 31 of 1999)...... 2243 Gaming Machines Act 1992—Notices...... 2213 Roads (Opening and Closing) Act 1991—Notices...... 2217 Liquor Licensing Act 1997—Notices ...... 2213 Vocational Education, Employment and Training Act National Parks Regulations 1990—Notice ...... 2216 1994—Notice...... 2219 Port Augusta Circuit Court—Notice...... 2216 Water Mains and Sewers—Mains Laid, Replaced, Etc...... 2240 Private Advertisements...... 2251 Water Resources Act 1997—Notice...... 2241

GOVERNMENT GAZETTE NOTICES ALL poundkeepers' and private advertisements forwarded for publication in the South Australian Government Gazette must be PAID FOR PRIOR TO INSERTION; and all notices, from whatever source, should be legibly written on one side of the paper only and sent to Riverside 2000 so as to be received no later than 4 p.m. Tuesday preceding the day of publication. Phone 8207 1045 or Fax 8207 1040.

2170 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

CROWN LANDS ACT 1929 SECTION 5AA(1)(c): HUNDRED Proclamation OF BLANCHE—DEDICATED LAND RESUMED PURSUANT to section 5AA(1)(c) of the Crown Lands Act 1929 Proclamation By The Governor and with the advice and consent of the Executive Council, I resume the land defined in the preamble to this proclamation. (L.S.) E. J. NEAL Preamble Given under my hand and the Public Seal of South Australia, at Adelaide, 22 April 1999. 1. The following land is dedicated as a reserve for school purposes (see Gazette 5 February 1970 p. 595): By command, Section 479, Hundred of Blanche, County of Grey, being the IAIN EVANS, for Acting Premier whole of the land contained in Land Grant Register Book MEH 16/99 CS Volume 3250, Folio 78. 2. The registered proprietor of the land has consented to the resumption of the land. NATIONAL PARKS AND WILDLIFE ACT 1972 SECTION Proclamation 41A: NARACOORTE CAVES CONSERVATION PARK— PURSUANT to section 5AA(1)(c) of the Crown Lands Act 1929 ALTERATION OF BOUNDARIES FOR PURPOSES OF and with the advice and consent of the Executive Council, I PUBLIC ROAD resume the land defined in the preamble to this proclamation. Proclamation By The Governor Given under my hand and the Public Seal of South Australia, at (L.S.) E. J. NEAL Adelaide, 22 April 1999. By command, Preamble 1. The following land forms part of the Naracoorte Caves IAIN EVANS, for Acting Premier Conservation Park: MEH 21/99 CS Those portions of allotment 2 of DP 48334 and Section

466, Hundred of Jessie, now numbered as allotments 23 and 24 CROWN LANDS ACT 1929 SECTION 5AA(1)(c): TOWN OF of Plan No. DP 51601 accepted for deposit in the Lands Titles CARRIETON, HUNDRED OF EURELIA—DEDICATED Registration Office at Adelaide. LAND RESUMED That portion of Section 395, Hundred of Joanna, now Proclamation By The Governor numbered as allotment 25 of Plan No. DP 51601 accepted for deposit in the Lands Titles Registration Office at Adelaide. (L.S.) E. J. NEAL 2. It is intended that that land be excluded from the Preamble conservation park for the purpose of making minor alterations or 1. The following land is dedicated as sites for school buildings additions to a public road that intersects or is adjacent to the (see Gazette 29 May 1879 p. 1525): park. Allotments 127, 128, 129 and 130, Town of Carrieton, Proclamation Hundred of Eurelia, being the whole of the land contained in PURSUANT to section 41A of the National Parks and Wildlife Land Grant Register Book Volume 323, Folio 58. Act 1972, on the recommendation of the Minister for 2. The registered proprietor of the land has requested the Environment and Heritage and with the advice and consent of the resumption of the land. Executive Council, I alter the boundaries of the Naracoorte Caves Proclamation Conservation Park by excluding from that park the land described in the preamble. PURSUANT to section 5AA(1)(c) of the Crown Lands Act 1929 and with the advice and consent of the Executive Council, I Given under my hand and the Public Seal of South Australia, at resume the land defined in the preamble to this proclamation. Adelaide, 22 April 1999. Given under my hand and the Public Seal of South Australia, at By command, Adelaide, 22 April 1999. IAIN EVANS, for Acting Premier By command, MEH 14/99 CS IAIN EVANS, for Acting Premier

MEH 12/99 CS

SECOND-HAND VEHICLE DEALERS (COMPENSATION CROWN LANDS ACT 1929 SECTION 5AA(1)(c): TOWN OF FUND) AMENDMENT ACT 1999 (Act No. 21 of 1999): STREAKY BAY, HUNDRED OF RIPON—DEDICATED DAY OF COMMENCEMENT LAND RESUMED Proclamation By The Governor Proclamation By The Governor (L.S.) E. J. NEAL (L.S.) E. J. NEAL WITH the advice and consent of the Executive Council, I fix 1 Preamble May 1999 as the day on which the Second-hand Vehicle Dealers (Compensation Fund) Amendment Act 1999 will come into 1. The following land is dedicated as a reserve for Harbors operation. Board purposes (see Gazette 26 July 1962 p. 173; 10 February 1983 p. 357 (road order notice)): Given under my hand and the Public Seal of South Australia, at Allotment 6 of Filed Plan No. 34474, Town of Streaky Bay, Adelaide, 22 April 1999. Hundred of Ripon (formerly allotment 176, Town of Streaky By command, Bay), being the whole of the land contained in Certificate of IAIN EVANS, for Acting Premier Title Register Book Volume 4210, Folio 884. OCBA 3/98 CS 2. The registered proprietor of the land has requested the resumption of the land. 22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2171

SUPREME COURT (RULES OF COURT) AMENDMENT ACT CROWN LANDS ACT 1929: SECTION 5 1999 (Act No. 6 of 1999): DAY OF COMMENCE-MENT TAKE NOTICE that pursuant to the Crown Lands Act 1929, I Proclamation By The Governor PETER MACLAREN KENTISH, Surveyor-General and Delegate appointed by DOROTHY KOTZ, Minister for Environment and (L.S.) E. J. NEAL Heritage, Minister of the Crown to whom the administration of WITH the advice and consent of the Executive Council, I fix 23 the Crown Lands Act 1929 is committed DO HEREBY dedicate April 1999 as the day on which the Supreme Court (Rules of the Crown Land defined in The Schedule as a Community Court) Amendment Act 1999 will come into operation. Purposes Reserve and declare that such land shall be under the Given under my hand and the Public Seal of South Australia, at care, control and management of The Corporation of the City of Adelaide, 22 April 1999. Whyalla. By command, The Schedule IAIN EVANS, for Acting Premier Allotment 100 of DP 50834, Hundred of Randell, County of York, exclusive of all necessary roads, subject nevertheless to an AG 33/98 CS easement to ETSA Utilities Pty Ltd for the transmission of electricity by underground cable more particularly described in RLG 8643243 over those portions of allotment 6660 marked A, Department of the Premier and Cabinet B, C and D on FP 39598. Adelaide, 22 April 1999 Dated 20 April 1999. HIS Excellency the Governor in Executive Council has been P. M. KENTISH, Surveyor-General pleased to appoint Colin Dean Brine and Janet Mary Glenister as DENR 13/0426 Inspectors for a period ending 31 July 2000, pursuant to section

28 of the Prevention of Cruelty to Animals Act 1985. By command, CROWN LANDS ACT 1929: SECTION 5 IAIN EVANS, for Acting Premier TAKE NOTICE that pursuant to the Crown Lands Act 1929, I PETER MACLAREN KENTISH, Surveyor-General and Delegate MEH 17/99CS appointed by DOROTHY KOTZ, Minister for Environment and

Heritage, Minister of the Crown to whom the administration of the Crown Lands Act 1929 is committed DO HEREBY resume Department of the Premier and Cabinet the land defined in The Schedule. Adelaide, 22 April 1999 The Schedule HIS Excellency the Governor in Executive Council has been Reserve for the purposes of the Minister of Forests, allotment pleased to appoint Peter Westall Fountain as Deputy Valuer- 271, Town of Nangwarry, Hundred of Nangwarry, County of General until 30 July 1999 or until the appointment of a Grey, the proclamation of which, together with other land was Valuer-General, whichever is the sooner, pursuant to section 6 (2) published in the Government Gazette of 28 July 1977 at page of the Valuation of Land Act 1971. 234, being the whole of the land comprised in Crown Record By command, Volume 5607 Folio 262. IAIN EVANS, for Acting Premier Dated 20 April 1999. P. M. KENTISH, Surveyor-General MAS 010/99CS

DL 1058/1977

2172 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2173

2174 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2175

2176 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

GOVERNMENT GAZETTE ADVERTISEMENT RATES

To apply from 1 September 1998

$ $ Agents, Ceasing to Act as...... 27.70 Firms: Associations: Ceasing to Carry on Business (each insertion)...... 20.70 Incorporation...... 14.10 Discontinuance Place of Business...... 20.70 Intention of Incorporation...... 34.75 Land¾Real Property Act: Transfer of Properties...... 34.75 Intention to Sell, Notice of...... 34.75 Attorney, Appointment of ...... 27.70 Lost Certificate of Title Notices...... 34.75 Cancellation, Notice of (Strata Plan)...... 34.75 Bailiff’s Sale...... 34.75 Mortgages: Cemetery Curator Appointed...... 20.70 Caveat Lodgment ...... 14.10 Companies: Discharge of ...... 14.95 Alteration to Constitution...... 27.70 Foreclosures...... 14.10 Capital, Increase or Decrease of ...... 34.75 Transfer of...... 14.10 Ceasing to Carry on Business...... 20.70 Sublet...... 7.10 Declaration of Dividend...... 20.70 Leases¾Application for Transfer (2 insertions) each...... 7.10 Incorporation...... 27.70 Lost Share Certificates: Lost Treasury Receipts (3 insertions) each...... 20.70 First Name...... 20.70 Licensing...... 41.30 Each Subsequent Name...... 7.10 Meeting Final...... 23.20 Municipal or District Councils: Meeting Final Regarding Liquidator’s Report on Annual Financial Statement¾Forms 1 and 2 ...... 390.00 Conduct of Winding Up (equivalent to ‘Final Electricity Supply¾Forms 19 and 20 ...... 276.00 Meeting’) Default in Payment of Rates: First Name...... 27.70 First Name ...... 55.40 Each Subsequent Name...... 7.10 Each Subsequent Name ...... 7.10 Notices: Call...... 34.75 Noxious Trade...... 20.70 Change of Name ...... 14.10 Partnership, Dissolution of...... 20.70 Creditors...... 27.70 Creditors Compromise of Arrangement...... 27.70 Petitions (small)...... 14.10 Creditors (extraordinary resolution that ‘the Com- Registered Building Societies (from Registrar- pany be wound up voluntarily and that a liquidator General)...... 14.10 be appointed’)...... 34.75 Release of Liquidator¾Application¾Large Ad...... 55.40 Register of Unclaimed Moneys¾First Name ...... 20.70 ¾Release Granted...... 34.75 Each Subsequent Name...... 7.10 Receiver and Manager Appointed...... 32.30 Registers of Members¾Three pages and over: Receiver and Manager Ceasing to Act ...... 27.70 Rate per page (in 8pt)...... 176.00 Restored Name...... 26.30 Rate per page (in 6pt)...... 233.00 Petition to Supreme Court for Winding Up...... 48.35 Summons in Action...... 41.30 Sale of Land by Public Auction...... 35.25 Order of Supreme Court for Winding Up Action ...... 27.70 Advertisements...... 1.95 Register of Interests¾Section 84 (1) Exempt...... 62.45 Removal of Office ...... 14.10 Advertisements, other than those listed are charged at $1.95 Proof of Debts...... 27.70 per column line, tabular one-third extra. Sales of Shares and Forfeiture...... 27.70 Notices by Colleges, Universities, Corporations and District Estates: Councils to be charged at $1.95 per line. Assigned...... 20.70 Deceased Persons¾Notice to Creditors, etc...... 34.75 Where the notice inserted varies significantly in length from Each Subsequent Name...... 7.10 that which is usually published a charge of $1.95 per column line Deceased Persons¾Closed Estates...... 20.70 will be applied in lieu of advertisement rates listed. Each Subsequent Estate...... 0.90 South Australian Government publications are sold on the Probate, Selling of...... 27.70 condition that they will not be reproduced without prior Public Trustee, each Estate...... 7.10 permission from the Government Printer.

GOVERNMENT GAZETTE NOTICES ALL private advertisements forwarded for publication in the South Australian Government Gazette must be PAID FOR PRIOR TO INSERTION; and all notices, from whatever source, should be legibly written on one side of the paper only and sent to Riverside 2000 so as to be received no later than 4 p.m. Tuesday preceding the day of publication. Phone 8207 1045 or Fax 8207 1040.

22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2177

MISCELLANEOUS LEGISLATION AND GOVERNMENT PUBLICATIONS PRICES AS FROM 1 SEPTEMBER 1998

Acts, Bills, Rules, Parliamentary Papers and Regulations Pages Main Amends Pages Main Amends

1-16 1.55 0.75 497-512 22.70 21.85 17-32 2.25 1.40 513-528 23.30 22.45 33-48 2.85 2.05 529-544 24.05 23.20 49-64 3.60 2.70 545-560 24.65 23.85 65-80 4.25 3.45 561-576 25.40 24.55 81-96 4.90 4.10 577-592 26.00 25.20 97-112 5.60 4.75 593-608 26.70 25.80 113-128 6.25 5.45 609-624 27.50 26.70 129-144 7.00 6.15 625-640 28.00 27.25 145-160 7.70 6.80 641-656 28.85 27.80 161-176 8.35 7.50 657-672 29.35 28.55 177-192 9.00 8.20 673-688 30.20 29.35 193-208 9.70 8.85 689-704 30.95 29.90 209-224 10.35 9.50 705-720 31.45 30.70 225-240 10.95 10.20 721-736 32.30 31.25 241-257 11.75 10.85 737-752 33.00 32.00 258-272 12.50 11.50 753-768 33.55 32.50 273-288 13.10 12.30 769-784 34.05 33.35 289-304 13.75 12.90 785-800 34.90 34.05 305-320 14.45 13.55 801-816 35.45 34.60 321-336 15.15 14.25 817-832 36.25 35.45 337-352 15.80 15.05 833-848 37.00 35.95 353-368 16.50 15.65 849-864 37.50 36.80 369-384 17.15 16.40 865-880 38.35 37.50 385-400 17.85 17.05 881-896 38.85 38.05 401-416 18.50 17.65 897-912 39.70 38.85 417-432 19.25 18.40 913-928 40.25 39.70 433-448 19.85 19.00 929-944 40.95 40.25 449-464 20.60 19.65 945-960 41.80 40.75 465-480 21.20 20.40 961-976 42.30 41.50 481-496 21.85 21.00 977-992 43.15 42.00

Legislation—Acts, Regulations, etc: $ Subscriptions: Acts...... 140.00 All Bills as Laid...... 335.00 Rules and Regulations...... 335.00 Parliamentary Papers...... 335.00 Bound Acts...... 155.00 Index ...... 75.00 Government Gazette Copy...... 3.75 Subscription...... 185.00 $ Hansard Copy...... 10.00 Subscription—per session (issued weekly) ...... 290.00 Cloth bound—per volume...... 125.00 Subscription—per session (issued daily)...... 290.00 Legislation on Disk Whole Database ...... 2 145.00 Annual Subscription for fortnightly updates...... 660.00 Individual Act(s) including updates...... POA Postage Extra on Individual Copies

All Legislation, Government Gazette, Hansard and Legislation on disk are available from: Counter Sales: Information SA (State Government Bookshop) Australis Centre, Ground Floor, 77 Grenfell Street, Adelaide, S.A. 5000. Phone: (08) 8204 1900. Fax: (08) 8204 1909 S.A. Country Customer Free Call: 1800 182 234 TTY (Hearing Impaired): (08) 8204 1923 Mail Orders: Information SA Subscription and Mail Order Service: Phone: (08) 8204 9449. Fax: (08) 8204 1898 P.O. Box 1, Rundle Mall, Adelaide, S.A. 5000.

2178 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2179

FISHERIES ACT 1982: SECTION 43 FISHERIES ACT 1982: SECTION 43 TAKE notice that pursuant to the Fisheries Act 1982, it is TAKE notice that it is hereby declared that it shall be unlawful hereby declared that it shall be unlawful for any persons to engage for any person to engage in the class of fishing activity specified in the act or an act preparatory to or involved in the taking of in Schedule 1 during the periods specified in Schedule 2. fish from those waters specified in Schedule 1 during the periods SCHEDULE 1 specified in Schedule 2. The act of taking or the act preparatory to or involved in the SCHEDULE 1 taking of western king prawn (Penaeus latisulcatus) in waters of All the waters of Lake George situated in the Hundreds of Lake Spencer Gulf north of latitude 33°37.00¢S. George and Rivoli Bay. SCHEDULE 2 SCHEDULE 2 2359 hours on 15 April 1999 to 0630 hours on 18 April 1999. From 20 April 1999 to 30 June 2000 inclusive. Dated 15 April 1999. Dated 21 April 1999. W. ZACHARIN, Principal Manager, Shellfish G. MORGAN, Director of Fisheries P0015/99

FISHERIES ACT 1982: SECTION 59 FISHERIES ACT 1982: SECTION 43 TAKE notice that, pursuant to section 59 of the Fisheries Act 1982, the class of persons described in schedule 1 (hereinafter TAKE notice that it is hereby declared that it shall be unlawful referred to as the ‘fishers’) are exempt from the notice published for any person to engage in the class of fishing activity specified in the South Australian Government Gazette, dated 2 October in Schedule 1 during the periods specified in Schedule 2. 1997 at page 951, being the last notice on that page and referring SCHEDULE 1 to the taking of abalone from Waterloo Bay, and the provisions of regulation 23 (2a) (b) of the Fisheries (General) Regulations The act of taking or the act preparatory to or involved in the 1984 subject to the conditions specified in schedule 2, in that the taking of western king prawn (Penaeus latisulcatus) in waters of fisher shall not be guilty of an offence when taking blacklip Spencer Gulf north of a line commencing at position latitude abalone (Haliotis rubra), from the waters specified in schedule 3. 33°37.50¢S, longitude 137°14.00¢E, then to position latitude 33°37.50¢S, longitude 137°53.00¢E. SCHEDULE 1 SCHEDULE 2 All persons. 2100 hours on 18 April 1999 to 0630 hours on 19 April 1999. SCHEDULE 2 1. The fishers may only take blacklip abalone (Haliotis rubra) 1900 hours on 19 April 1999 to 0630 hours on 21 April 1999. with a maximum size greater than 130 mm measured at its Dated 18 April 1999. greatest dimension. W. ZACHARIN, Principal Manager, Shellfish 2. The permit holder shall not contravene or fail to comply P0016/99 with the Fisheries Act 1982 or any regulation made under that act except where specifically exempted by this notice. SCHEDULE 3 FISHERIES ACT 1982: SECTION 43 South Australian coastal waters of Waterloo Bay. TAKE notice that it is hereby declared that it shall be unlawful Dated 16 April 1999. for any person to engage in the class of fishing activity specified in Schedule 1 during the periods specified in Schedule 2. G. R. MORGAN, Director of Fisheries 98/0605 SCHEDULE 1 The act of taking or the act preparatory to or involved in the taking of western king prawn (Penaeus latisulcatus) in waters of FISHERIES ACT 1982: SECTION 43 Sp encer Gulf north of a line commencing at position latitude TAKE notice that it is hereby declared that it shall be unlawful 33°38.00¢S, longitude 137°14.00¢E, then to position latitude for any person to engage in the class of fishing activity specified 33°38.00¢S, longitude 137°53.00¢E. in Schedule 1 during the periods specified in Schedule 2. SCHEDULE 2 SCHEDULE 1 1900 hours on 21 April 1999 to 0630 hours on 24 April 1999. The act of taking or the act preparatory to or involved in the Dated 20 April 1999. taking of western king prawn (Penaeus latisulcatus) in waters of Spencer Gulf bounded by a line commencing at position latitude W. ZACHARIN, Principal Manager, Shellfish 33°57.00¢S, longitude 136°33.00¢E, then to position latitude P0017/99 34°05.00¢S, longitude 136°45.00¢E, then to position latitude 34°15.00¢S, longitude 136°45.00¢E, then to position latitude 34°15.00¢S, longitude 136°57.50¢E, then to position latitude 34°00.00¢S, longitude 137°10.00¢E, then to position latitude FISHERIES ACT 1982: SECTION 43 33°41.00¢S, longitude 137°10.00¢E, then to the point of TAKE notice that it is hereby declared that it shall be unlawful commencement. for any person to engage in the class of fishing activity specified in Schedule 1 during the periods specified in Schedule 2. SCHEDULE 2 2359 hours on 15 April 1999 to 0630 hours on 25 April 1999. SCHEDULE 1 Dated 15 April 1999. The act of taking or the act preparatory to or involved in the taking of western king prawn (Penaeus latisulcatus) in waters of W. ZACHARIN, Principal Manager, Shellfish Spencer Gulf north of a line commencing at position latitude P0014/99 33°38.50¢S, longitude 137°14.00¢E, then to position latitude 33°38.50¢S, longitude 137°35.00¢E.

2180 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

SCHEDULE 2 SCHEDULE 2 1900 hours on 24 April 1999 to 0630 hours on 25 April 1999. 0630 hours on 25 April 1999 to 2400 hours on 31 December Dated 20 April 1999. 1999. Dated 20 April 1999. W. ZACHARIN, Principal Manager, Shellfish P0018/99 W. ZACHARIN, Principal Manager, Shellfish P0022/99

FISHERIES ACT 1982: SECTION 43 TAKE notice that it is hereby declared that it shall be unlawful FISHERIES ACT 1982 for any person to engage in the class of fishing activity specified MARINE TUNA FARMING LICENCE FB00008 in Schedule 1 during the periods specified in Schedule 2. Licence to Farm Fish under section 53 of the Fisheries SCHEDULE 1 Act 1982 The act of taking or the act preparatory to or involved in the WHEREAS the Director of Fisheries has, pursuant to section taking of western king prawn (Penaeus latisulcatus) in all waters 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to of the Spencer Gulf prawn fishery between 0630 hours and 2200 the undermentioned licensee to release the fish specified in hours. Schedule 2 of this licence (‘the permitted species’) and, pursuant SCHEDULE 2 to section 48G (2) of the Act, the Director of Fisheries has also 16 April 1999 to 17 April 1999. issued a permit to disturb the seabed for the purpose of installing structures necessary for the licensed activity at the Dated 16 April 1999. undermentioned site, the Minister for Primary Industries, Natural W. ZACHARIN, Principal Manager, Shellfish Resources and Regional Development (‘the Minister’) hereby grants to: P0019/99 Australian Fishing Enterprises Pty Ltd P.O. Box 1073 FISHERIES ACT 1982: SECTION 43 Port Lincoln, S.A. 5606, TAKE notice that it is hereby declared that it shall be unlawful a non-exclusive licence to occupy and use the waters specified in for any person to engage in the class of fishing activity specified Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of in Schedule 1 during the periods specified in Schedule 2. farming and taking the permitted species (‘the permitted use’) for the period commencing on 1 July 1998 and ending, subject to any SCHEDULE 1 earlier termination under this licence, on 30 June 1999 (‘the The act of taking or the act preparatory to or involved in the term’) subject to the following terms and conditions: taking of western king prawn (Penaeus latisulcatus) in all waters CONDITIONS OF THIS LICENCE of the Spencer Gulf prawn fishery between 0630 hours and 2100 hours. 1. Licence SCHEDULE 2 The parties acknowledge and agree that: 18 April 1999. 1.1 the rights, powers and privileges granted to or vested in the licensee under this licence are contractual only and Dated 18 April 1999. shall not create or vest in the licensee any estate, W. ZACHARIN, Principal Manager, Shellfish interest or right of a proprietary nature in the site; and P0020/99 1.2 that, subject to section 53A of the Fisheries Act 1982, this licence does not entitle the licensee to exclusive rights of entry to and occupation of the site and that FISHERIES ACT 1982: SECTION 43 the rights granted by this licence are exercisable by the licensee in common with any other occupiers of the site TAKE notice that it is hereby declared that it shall be unlawful from time to time. for any person to engage in the class of fishing activity specified in Schedule 1 during the periods specified in Schedule 2. 2. Marked-off Areas SCHEDULE 1 For the purposes of section 53A of the Fisheries Act 1982, the marked-off areas within the site is that area or those areas The act of taking or the act preparatory to or involved in the marked-off or indicated in the manner set out in Item 2 of taking of western king prawn (Penaeus latisulcatus) in all waters Schedule 1 of this licence. of the Spencer Gulf prawn fishery between 0630 hours and 1900 hours. 3. Permitted Species SCHEDULE 2 The licensee: 19 April 1999 to 24 April 1999. 3.1 must not farm or introduce any species at the site other than the permitted species; and Dated 19 April 1999. 3.2 must not take any wild fish from the site except for W. ZACHARIN, Principal Manager, Shellfish recreational purposes. P0021/99 4. Permitted Use

The licensee must not use the site for any purpose other than FISHERIES ACT 1982: SECTION 43 the permitted use. TAKE notice that it is hereby declared that it shall be unlawful 5. Permitted Methods for any person to engage in the class of fishing activity specified The licensee: in Schedule 1 during the periods specified in Schedule 2. 5.1 must not stock the permitted species at a rate greater SCHEDULE 1 than that specified in Schedule 2 of this licence; The act of taking or the act preparatory to or involved in the 5.2 must not use the anti-fouling chemical tributyltin (TBT) taking of western king prawn (Penaeus latisulcatus) in all waters on any equipment used at the site; of Spencer Gulf. 22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2181

5.3 must not use any chemical or drug for either therapeutic from the Minister, cease or suspend the or prophylactic purpose except with the prior approval conduct of the permitted use or else conduct of the Minister; the permitted use as directed within the 5.4 must apply the permitted farming methods set out in notice. Schedule 2 of this licence. 12. Public Risk Indemnity 6. Sea Cages The licensee must at all times indemnify the Minister, his The licensee: officers, employees, contractors and agents from and against all claims, demands, actions, judgments, proceedings, damages, losses, 6.1 must ensure that all sea cages on the site have anti- costs, charges and expenses in respect of any loss of life, personal predator protection satisfactory to the Minister at all injury and/or damage to property caused or suffered in any times during the term; and manner in or about the site. 6.2 must immediately inform an officer of PIRSA 13. Release (Fisheries) on 1800 065 522 or such other officer as the Minister from time to time notifies to the licensee in The licensee must use and keep the site at the risk in all things writing if any marine animal, other than the permitted of the licensee and the licensee must release to the full extent species, is caught in any sea cage or other farm structure permitted by law the Minister, his agents, contractors and used by the licensee on the site. servants in the absence of any wilful act, omission, default or neglect on their part from all claims and demands of every kind 7. Location of Sea Cages resulting from any accident damage or injury to persons or The licensee must not erect or use any sea cages in any property occurring at the site, including loss or damage to the location on the site where stocked sea cages have been used in the licensee’s fixtures or personal property of the licensee. immediately preceding two year period. 14. Public Risk Insurance 8. Marking and Maintaining the Site The licensee shall at its own cost and expense during the term The licensee: effect and keep in full force and effect in respect of the site and the permitted use a policy of public risk insurance in the joint 8.1 must ensure that the site is maintained in a good, tidy names of the licensee and the Minister in which the limits of and safe condition to the satisfaction of the Minister; public risk shall not be less than the amount specified in Item 2 of 8.2 must remove and lawfully dispose of any waste or debris Schedule 3 of this licence, or such further amount as the Minister on the site as soon as is reasonably practicable and in may from time to time reasonably require, as the amount which particular must comply with any guidelines issued from may be paid out in respect of any one single claim and a policy of time to time by the Minister in relation to the removal insurance or copy thereof or a certificate of insurance shall be from the site of any unhealthy or dead fish; produced by the licensee to the Minister on request in writing being made by the Minister for its production. 8.3 must maintain all buoys, crosses, and markers on the site in good condition and in accordance with the colours 15. Guarantee or Indemnity Scheme specified in Schedule 1 of this licence; and The licensee must either: 8.4 must mark the site boundary in accordance with the 15.1 provide a guarantee from its bankers; or specifications in Schedule 1 of this licence. 15.2 contribute to an indemnity scheme established for 9. Site Inspection and Supervision the aquaculture and fisheries industry and approved by The licensee: the Minister, 9.1 must at all times permit the Minister, his employees, to and in favour of and for the benefit of the Minister by way of agents or contractors or any employees, agents or security for the due and punctual performance by the licensee of contractors of the Crown to enter the site for the the terms and conditions of this licence and in particular the purposes of inspecting the site, the sea floor and the obligations of the licensee to rehabilitate the site immediately flora and fauna on or in the vicinity of the site; and prior to the expiration or sooner determination of the term of this licence. Such guarantee or indemnity scheme must have 9.2 must comply with all reasonable directions of any such effect from the date of commencement of the term. person authorised by the Director of Fisheries to inspect the conduct of the licensee’s activities at the site. 16. No Assignment 10. Fees and Returns The licensee acknowledges that this licence is personal and it must not assign or sublet or deal in any other way with any The licensee: interest in this licence. 10.1 must pay to the Minister the licence fee in 17. Default by Licensee and Termination accordance with Item l of Schedule 3 of this licence; The Minister may terminate this licence immediately by notice 10.2 must on or before 31 January and 31 July during the in writing served on the licensee if: term, submit to the Minister a return supplying all of the information described in Schedule 4 of this 17.1 the licensee commits or permits any breach or licence. default of the obligations imposed on the licensee by this licence, and following the giving by the Minister 11. Compliance With Relevant Laws of written notice of such breach or default, the 11.1 the licensee must at all times comply with all laws, licensee either fails to rectify such breach or default by-laws or regulations in force which relate to the site within one calendar month of the date of such notice or the activities conducted in the site and with all (or earlier if the circumstances require) or fails to notices, orders or requirements lawfully given or made make diligent progress towards rectifying any such by any authority or authorities in respect of the site; breach which is incapable of rectification within the time so limited; or 11.2 in particular, without derogating from the general requirement under condition 11 of this licence: 17.2 the licensee commits or permits any further breach or default of the obligations imposed on the licensee 11.2.1 the licensee must not do or permit to be by this licence for which the Minister has previously done in upon or about the site anything given notice in writing of such breach or default which in the opinion of the Minister would pursuant to paragraph 1 of condition 17.1 notwith- cause or contribute to the degradation or standing rectification of the previous breach or pollution of any coastal land or the default; or surrounding marine environment; and 17.3 the licence fee referred to in condition 10 is unpaid 11.2.2 in the event that the Minister is satisfied, on for a period of 14 days after notice has been given to reasonable grounds, that the fish taken from the licensee that it is outstanding; or the waters are not fit for human con- sumption or that consumption of fish taken 17.4 if the licensee is a body corporate, any of the from the waters could present a danger to following occur: the health of the consumer, the licensee must, in accordance with a written notice 2182 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

17.4.1 the licensee is unable to pay its debts as and 22.1 A waiver of any provision of this licence by the when they fall due or is otherwise insolvent; Minister must both be in writing and be signed by the 17.4.2 an order is made for the winding up or Minister or by persons duly authorised to execute such liquidation of the licensee; a document on the Minister’s part. 17.4.3 the licensee enters into a scheme of 22.2 No waiver by the Minister of a breach of a term or arrangement, compromise, moratorium or condition contained in this licence shall operate as a other form of composition with its creditors waiver of any breach of the same or any other term or any class of its creditors; or condition contained in this licence. 17.4.4 a receiver, a manager or a receiver and 22.3 No forbearance, delay or indulgence by the Minister manager, a company administrator or other in enforcing the provisions of this licence shall insolvency administrator is appointed to the prejudice or restrict the rights of the Minister. licensee; or 23. Notices 17.4.5 a mortgagee, chargee or other encum- 23.1 Notices may be served by delivering the same brancee is appointed over or takes personally, by mail or facsimile transmission and shall possession of or appoints an agent to take be: possession of all or any of the licensee’s 23.1.1 in writing addressed to the Director of assets; or Fisheries, PIRSA, 16th Floor, 25 Grenfell 17.5 if the licensee is an individual, the licensee: Street, Adelaide, S.A. 5000 (in the case of 17.5.1 becomes bankrupt or assigns its estate or the Minister) and to the address of the enters into a deed of arrangement or other licensee set out above (in the case of the form of composition for the benefit of the licensee); licensee’s creditors; or 23.1.2 signed by or on behalf of the sender or by a 17.5.2 is convicted of an indictable offence. person duly authorised in that regard by the sender; Termination of this licence by the Minister shall be without prejudice to any rights, remedies or actions 23.1.3 deemed to be duly served or made in the that the Minister may have against the licensee in following circumstances: respect of any antecedent breach by the licensee of (a) if delivered, upon delivery; the terms and conditions contained in this licence. (b) if sending by mail, upon posting; 18. Interpretation (c) if sent by facsimile transmission, upon Subject to any inconsistency of subject or context, the the sender’s facsimile producing a following rules of construction shall be used in the interpretation transmission report that the facsimile of this licence: was satisfactorily sent in its entirety to 18.1 any word importing the plural includes the singular the addressee’s facsimile number, and vice versa; but if delivery is not made before 5 p.m. on 18.2 any wording importing a gender shall include all any day it shall be deemed to be received at other genders; 9 a.m. on the next day in that place. 18.3 a reference to a body corporate shall include a 23.2 The Minister and the licensee may each vary their natural person and vice versa; address or facsimile number at any time by written notice. 18.4 a reference to a recital, party, clause, Schedule or Annexure is a reference to a recital, party, clause, Granted on behalf of the Minister by Director of Fisheries, Schedule or Annexure of this licence; delegate of the Minister, on 2 April 1999. 18.5 the captions, headings, section numbers and clause G. MORGAN, Director of Fisheries numbers appearing in this licence are inserted only as The licensee hereby acknowledges and agrees to the terms and a matter of convenience and in no way affect the conditions of this licence. construction of this licence; The Common Seal of Australian Fishing Enterprises Pty Ltd 18.6 a reference to a statute shall include all statutes was hereunto affixed in the presence of: amending, consolidating or replacing the statutes referred to; (L.S.) S. SARIN, Director 18.7 where two or more persons are named as licensees, SCHEDULE 1 this licence shall bind the licensees jointly and each of Item 1—The Site them severally; and Area applicable to this licence: 18.8 time is of the essence in respect of any obligation relating to time in this licence. Licensed Area Licensed Hectares 19. Delegation Zone 53 Any consent, notice, any consultation or any other thing 588016E 6162075N 135°57¢38² -34°40¢45² 30 which is pursuant to the terms of this licence either required to be 588676E 6161977N 135°58¢04² -34°40¢48² given, done or performed or which may be given, done or 588610E 6161532N 135°58¢02² -34°41¢03² performed by the Minister may for the purposes of this licence be 587950E 6161630N 135°57¢36² -34°41¢00² properly given, done or performed by any duly authorised agent or employee of the Minister. All structures, equipment, buoys and flotations (except for that required by the Department for Transport, Urban Planning and 20. Severance the Arts) must be black, dark grey, dark blue, dark brown, or dark If any term or condition of this licence should be for any green coloured materials. reason unlawful, void, invalid or unenforceable then the offending term or condition shall be severed from this licence without affecting the validity or enforceability of the remainder of this licence. 21. Modification No variation of or addition to any provision of this licence shall be binding upon the Minister and the licensee unless such variation or addition is made in writing, signed by both the Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. 22. Waiver 22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2183

The boundary of the site to be marked either with: SCHEDULE 4 (a) (1) At the corners with posts extending 900 mm above Returns mean high water springs. Such posts to be marked The licensee must submit the following information to the with a St Andrews cross, each cross arm measuring Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 900 mm from tip to tip, minimum width 75 mm. Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and (2) Posts to be not less than 125 mm in diameter. 31 July during the term of this licence: (3) Posts and crosses to be painted yellow. 1. Name of licensee. (4) The ends of each cross to be marked with a 2. Address of licensee. 200 mm strip of yellow retro-reflective tape. 3. Species of fish farmed and held on the site. (5) Between the corner posts at intervals not exceeding 4. Location of aquaculture operation. 50 m, buoys not less than 300 mm in diameter. 5. Period covered by return. (6) All buoys, posts, crosses and markers must be 6. Number of life stage of each species of fish held. maintained in good condition. 7. Number, weight and value of each species of fish held. or 8. Details of any disease detected in any fish kept. (b) (1) At each corner, yellow spar buoys with a St Andrews cross as a top mark placed at least 9. Source (whether interstate or intrastate) of any stock 900 mm above the buoy, cross arms 900 mm long x acquired and date of acquisition (if relevant, include name 75 mm wide. of authority that provided certification that stock was free from disease). (2) At distances not exceeding 50 m between the 10. If any fish were brought into the state, the number of corner spar buoys, yellow spherical buoys not less fish and the life stage of the fish. than 300 mm in diameter. 11. If fish were brought into the state, the purpose for which (3) The buoys and topmarks must all be coloured they were brought in. yellow and marked with a yellow retro-reflective as in (a) (4). 12. Method of disposal of water and packaging use for transporting the fish. (4) All buoys, posts, crosses and markers must be maintained in good condition. 13. If any disease or symptom of disease occurred in the acquired fish. When the site is in navigable water and possible danger to navigation, lights must be yellow in colour and flashing once 14. Method of disposal of diseased or dead fish and the every 4 seconds and visible over an arc of 360 degrees for a number disposed of. distance of at least one mile. 15. Signature, date and telephone number. All sea cages on the site must be marked with a unique sea 16. Use of any chemicals for fish husbandry—type of cage number and the site’s unique ‘FB number’; that is, the chemical and quantity used, purpose and date of use. licence number. All St Andrew’s crosses must be marked with the site’s unique ‘FB number’; that is the licence number. FISHERIES ACT 1982 Item 2—Marked-Off Areas MARINE TUNA FARMING LICENCE FB00009 Marked-off areas must be marked with no less than 8 equally spaced white buoys, each of at least 12 inches in diameter, each Licence to Farm Fish under section 53 of the Fisheries positioned no more than 70 m from each relevant sea cage Act 1982 situated on the site. WHEREAS the Director of Fisheries has, pursuant to section SCHEDULE 2 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to the undermentioned licensee to release the fish specified in Permitted Species Schedule 2 of this licence (‘the permitted species’) and, pursuant The Director of Fisheries has, pursuant to section 50 (2) of the to section 48G (2) of the Act, the Director of Fisheries has also Act, issued a permit for the release of the fish specified in this issued a permit to disturb the seabed for the purpose of installing Schedule. structures necessary for the licensed activity at the below mentioned site, the Minister for Primary Industries, Natural Southern Bluefin Tuna (Thunnus maccoyii) Resources and Regional Development (‘the Minister’) hereby Permitted Farming Methods grants to: The Director of Fisheries has, pursuant to section 48G (2) of Australian Fishing Enterprises Pty Ltd the Act, issued a permit to disturb the seabed for the purpose of P.O. Box 1073 installing the structures specified in this Schedule. Port Lincoln, S.A. 5606, Sea Cages 14 a non-exclusive licence to occupy and use the waters specified in Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of Stocking Rates farming and taking the permitted species (‘the permitted use’) for The maximum weight of fish introduced into the site must not the period commencing on 1 July 1998 and ending, subject to any exceed 400 tonnes in total during the term of the Licence. earlier termination under this licence, on 30 June 1999 (‘the The maximum stocking density of fish introduced into the site term’) subject to the following terms and conditions: must not exceed 4kg/m 3. CONDITIONS OF THIS LICENCE SCHEDULE 3 1. Licence Item 1—Fees The parties acknowledge and agree that: $ 1.1 the rights, powers and privileges granted to or vested in the licensee under this licence are contractual only and TEMP Environmental Monitoring Fee shall not create or vest in the licensee any estate, 30 @ $126.70 each...... 3 801.00 interest or right of a proprietary nature in the site; and Base Licence Fee 30 @ $321.34 each...... 9 640.20 1.2 that, subject to section 53A of the Fisheries Act 1982, Total Annual Licence Fee ...... 13 441.20 this licence does not entitle the licensee to exclusive Item 2—Public Risk Insurance rights of entry to and occupation of the site and that Five million dollars ($5 000 000). the rights granted by this licence are exercisable by the licensee in common with any other occupiers of the site from time to time. 2184 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

2. Marked-off Areas 10. Fees and Returns For the purposes of section 53A of the Fisheries Act 1982, the The licensee: marked-off areas within the site is that area or those areas 10.1 must pay to the Minister the licence fee in marked-off or indicated in the manner set out in Item 2 of accordance with Item l of Schedule 3 of this licence; Schedule 1 of this licence. 10.2 must on or before 31 January and 31 July during the 3. Permitted Species term, submit to the Minister a return supplying all of The licensee: the information described in Schedule 4 of this 3.1 must not farm or introduce any species at the site other licence. than the permitted species; and 11. Compliance With Relevant Laws 3.2 must not take any wild fish from the site except for 11.1 the licensee must at all times comply with all laws, recreational purposes. by-laws or regulations in force which relate to the site 4. Permitted Use or the activities conducted in the site and with all notices, orders or requirements lawfully given or made The licensee must not use the site for any purpose other than by any authority or authorities in respect of the site; the permitted use. 11.2 in particular, without derogating from the general 5. Permitted Methods requirement under condition 11 of this licence: The licensee: 11.2.1 the licensee must not do or permit to be 5.1 must not stock the permitted species at a rate greater done in upon or about the site anything than that specified in Schedule 2 of this licence; which in the opinion of the Minister would cause or contribute to the degradation or 5.2 must not use the anti-fouling chemical tributyltin (TBT) pollution of any coastal land or the on any equipment used at the site; surrounding marine environment; and 5.3 must not use any chemical or drug for either therapeutic 11.2.2 in the event that the Minister is satisfied, on or prophylactic purpose except with the prior approval reasonable grounds, that the fish taken from of the Minister; the waters are not fit for human 5.4 must apply the permitted farming methods set out in consumption or that consumption of fish Schedule 2 of this licence. taken from the waters could present a danger to the health of the consumer, the licensee 6. Sea Cages must, in accordance with a written notice The licensee: from the Minister, cease or suspend the conduct of the permitted use or else conduct 6.1 must ensure that all sea cages on the site have anti- the permitted use as directed within the predator protection satisfactory to the Minister at all notice. times during the term; and 12. Public Risk Indemnity 6.2 must immediately inform an officer of PIRSA (Fisheries) on 1800 065 522 or such other officer as the The licensee must at all times indemnify the Minister, his Minister from time to time notifies to the licensee in officers, employees, contractors and agents from and against all writing if any marine animal, other than the permitted claims, demands, actions, judgments, proceedings, damages, losses, species, is caught in any sea cage or other farm structure costs, charges and expenses in respect of any loss of life, personal used by the licensee on the site. injury and/or damage to property caused or suffered in any manner in or about the site. 7. Location of Sea Cages 13. Release The licensee must not erect or use any sea cages in any location on the site where stocked sea cages have been used in the The licensee must use and keep the site at the risk in all things immediately preceding two year period. of the licensee and the licensee must release to the full extent permitted by law the Minister, his agents, contractors and 8. Marking and Maintaining the Site servants in the absence of any wilful act, omission, default or The licensee: neglect on their part from all claims and demands of every kind resulting from any accident damage or injury to persons or 8.1 must ensure that the site is maintained in a good, tidy property occurring at the site, including loss or damage to the and safe condition to the satisfaction of the Minister; licensee’s fixtures or personal property of the licensee. 8.2 must remove and lawfully dispose of any waste or debris 14. Public Risk Insurance on the site as soon as is reasonably practicable and in particular must comply with any guidelines issued from The licensee shall at its own cost and expense during the term time to time by the Minister in relation to the removal effect and keep in full force and effect in respect of the site and from the site of any unhealthy or dead fish; the permitted use a policy of public risk insurance in the joint names of the licensee and the Minister in which the limits of 8.3 must maintain all buoys, crosses, and markers on the site public risk shall not be less than the amount specified in Item 2 of in good condition and in accordance with the colours Schedule 3 of this licence, or such further amount as the Minister specified in Schedule 1 of this licence; and may from time to time reasonably require, as the amount which 8.4 must mark the site boundary in accordance with the may be paid out in respect of any one single claim and a policy of specifications in Schedule 1 of this licence. insurance or copy thereof or a certificate of insurance shall be 9. Site Inspection and Supervision produced by the licensee to the Minister on request in writing being made by the Minister for its production. The licensee: 15. Guarantee or Indemnity Scheme 9.1 must at all times permit the Minister, his employees, agents or contractors or any employees, agents or The licensee must either: contractors of the Crown to enter the site for the 15.1 provide a guarantee from its bankers; or purposes of inspecting the site, the sea floor and the 15.2 contribute to an indemnity scheme established for flora and fauna on or in the vicinity of the site; and the aquaculture and fisheries industry and approved by 9.2 must comply with all reasonable directions of any such the Minister, person authorised by the Director of Fisheries to inspect the conduct of the licensee’s activities at the site. 22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2185 to and in favour of and for the benefit of the Minister by way of 18.2 any wording importing a gender shall include all security for the due and punctual performance by the licensee of other genders; the terms and conditions of this licence and in particular the 18.3 a reference to a body corporate shall include a obligations of the licensee to rehabilitate the site immediately natural person and vice versa; prior to the expiration or sooner determination of the term of this licence. Such guarantee or indemnity scheme must have 18.4 a reference to a recital, party, clause, Schedule or effect from the date of commencement of the term. Annexure is a reference to a recital, party, clause, Schedule or Annexure of this licence; 16. No Assignment 18.5 the captions, headings, section numbers and clause The licensee acknowledges that this licence is personal and it numbers appearing in this licence are inserted only as must not assign or sublet or deal in any other way with any a matter of convenience and in no way affect the interest in this licence. construction of this licence; 17. Default by Licensee and Termination 18.6 a reference to a statute shall include all statutes The Minister may terminate this licence immediately by notice amending, consolidating or replacing the statutes in writing served on the licensee if: referred to; 17.1 the licensee commits or permits any breach or 18.7 where two or more persons are named as licensees, default of the obligations imposed on the licensee by this licence shall bind the licensees jointly and each of this licence, and following the giving by the Minister them severally; and of written notice of such breach or default, the 18.8 time is of the essence in respect of any obligation licensee either fails to rectify such breach or default relating to time in this licence. within one calendar month of the date of such notice (or earlier if the circumstances require) or fails to 19. Delegation make diligent progress towards rectifying any such Any consent, notice, any consultation or any other thing breach which is incapable of rectification within the which is pursuant to the terms of this licence either required to be time so limited; or given, done or performed or which may be given, done or 17.2 the licensee commits or permits any further breach performed by the Minister may for the purposes of this licence be or default of the obligations imposed on the licensee properly given, done or performed by any duly authorised agent by this licence for which the Minister has previously or employee of the Minister. given notice in writing of such breach or default 20. Severance pursuant to paragraph 1 of condition 17.1 notwith- standing rectification of the previous breach or If any term or condition of this licence should be for any default; or reason unlawful, void, invalid or unenforceable then the offending term or condition shall be severed from this licence without 17.3 the licence fee referred to in condition 10 is unpaid affecting the validity or enforceability of the remainder of this for a period of 14 days after notice has been given to licence. the licensee that it is outstanding; or 21. Modification 17.4 if the licensee is a body corporate, any of the following occur: No variation of or addition to any provision of this licence shall be binding upon the Minister and the licensee unless such 17.4.1 the licensee is unable to pay its debts as and variation or addition is made in writing, signed by both the when they fall due or is otherwise insolvent; Minister and the licensee and expressed to be either supplemental 17.4.2 an order is made for the winding up or to or in substitution for the whole or a part of this licence. liquidation of the licensee; 22. Waiver 17.4.3 the licensee enters into a scheme of 22.1 A waiver of any provision of this licence by the arrangement, compromise, moratorium or Minister must both be in writing and be signed by the other form of composition with its creditors Minister or by persons duly authorised to execute such or any class of its creditors; a document on the Minister’s part. 17.4.4 a receiver, a manager or a receiver and 22.2 No waiver by the Minister of a breach of a term or manager, a company administrator or other condition contained in this licence shall operate as a insolvency administrator is appointed to the waiver of any breach of the same or any other term licensee; or or condition contained in this licence. 17.4.5 a mortgagee, chargee or other encum- 22.3 No forbearance, delay or indulgence by the Minister brancee is appointed over or takes in enforcing the provisions of this licence shall possession of or appoints an agent to take prejudice or restrict the rights of the Minister. possession of all or any of the licensee’s assets; or 23. Notices 17.5 if the licensee is an individual, the licensee: 23.1 Notices may be served by delivering the same personally, by mail or facsimile transmission and shall 17.5.1 becomes bankrupt or assigns its estate or be: enters into a deed of arrangement or other form of composition for the benefit of the 23.1.1 in writing addressed to the Director of licensee’s creditors; or Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 (in the case of 17.5.2 is convicted of an indictable offence. the Minister) and to the address of the Termination of this licence by the Minister shall be licensee set out above (in the case of the without prejudice to any rights, remedies or actions licensee); that the Minister may have against the licensee in 23.1.2 signed by or on behalf of the sender or by a respect of any antecedent breach by the licensee of person duly authorised in that regard by the the terms and conditions contained in this licence. sender; 18. Interpretation 23.1.3 deemed to be duly served or made in the Subject to any inconsistency of subject or context, the following circumstances: following rules of construction shall be used in the interpretation (a) if delivered, upon delivery; of this licence: (b) if sending by mail, upon posting; 18.1 any word importing the plural includes the singular and vice versa; 2186 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

(c) if sent by facsimile transmission, upon Item 2—Marked-Off Areas the sender’s facsimile producing a Marked-off areas must be marked with no less than 8 equally transmission report that the facsimile spaced white buoys, each of at least 12 inches in diameter, each was satisfactorily sent in its entirety to positioned no more than 70 m from each relevant sea cage the addressee’s facsimile number, situated on the site. but if delivery is not made before 5 p.m. on SCHEDULE 2 any day it shall be deemed to be received at 9 a.m. on the next day in that place. Permitted Species 23.2 The Minister and the licensee may each vary their The Director of Fisheries has, pursuant to section 50 (2) of the address or facsimile number at any time by written Act, issued a permit for the release of the fish specified in this notice. Schedule. Granted on behalf of the Minister by Director of Fisheries, Southern Bluefin Tuna (Thunnus maccoyii) delegate of the Minister, on 2 April 1999. Permitted Farming Methods G. MORGAN, Director of Fisheries The Director of Fisheries has, pursuant to section 48G (2) of The licensee hereby acknowledges and agrees to the terms and the Act, issued a permit to disturb the seabed for the purpose of conditions of this licence. installing the structures specified in this Schedule. The Common Seal of Australian Fishing Enterprises Pty Ltd Sea Cages 14 was hereunto affixed in the presence of: Stocking Rates (L.S.) S. SARIN, Director The maximum weight of fish introduced into the site must not SCHEDULE 1 exceed 40 tonnes in total during the term of the licence. Item 1—The Site The maximum stocking density of fish introduced into the site must not exceed 4 kg/m 3. Area applicable to this licence: SCHEDULE 3 Licensed Area Licensed Hectares Item 1—Fees Zone 53 Annual licence fees are: 586561E 6160681N 135°56¢42² -34°41¢31² 30 587137E 6161016N 135°57¢04² -34°41¢20² $ 587363E 6160627N 135°57¢13² -34°41¢33² TEMP Environmental Monitoring Fee 30 at $126.70 586786E 6160292N 135°56¢51² -34°41¢44² each ...... 3 801.00 Base Licence Fee 30 at $321.34 each ...... 9 640.20 All structures, equipment, buoys and flotations (except for that Total Annual Licence Fee ...... 13 441.20 required by the Department for Transport, Urban Planning and the Arts) must be black, dark grey, dark blue, dark brown, or dark Item 2—Public Risk Insurance green coloured materials. Five million dollars ($5 000 000). The boundary of the site to be marked either with: SCHEDULE 4 (a) (1) At the corners with posts extending 900 mm above Returns mean high water springs. Such posts to be marked with a St Andrews cross, each cross arm measuring The licensee must submit the following information to the 900 mm from tip to tip, minimum width 75 mm. Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and (2) Posts to be not less than 125 mm in diameter. 31 July during the term of this licence: (3) Posts and crosses to be painted yellow. 1. Name of licensee. (4) The ends of each cross to be marked with a 2. Address of licensee. 200 mm strip of yellow retro-reflective tape. 3. Species of fish farmed and held on the site. (5) Between the corner posts at intervals not exceeding 50 m, buoys not less than 300 mm in diameter. 4. Location of aquaculture operation. (6) All buoys, posts, crosses and markers must be 5. Period covered by return. maintained in good condition. 6. Number of life stage of each species of fish held. or 7. Number, weight and value of each species of fish held. (b) (1) At each corner, yellow spar buoys with a St 8. Details of any disease detected in any fish kept. Andrews cross as a top mark placed at least 900 mm above the buoy, cross arms 900 mm long x 9. Source (whether interstate or intrastate) of any stock 75 mm wide. acquired and date of acquisition (if relevant, include name of authority that provided certification that stock was (2) At distances not exceeding 50 m between the free from disease). corner spar buoys, yellow spherical buoys not less than 300 mm in diameter. 10. If any fish were brought into the state, the number of fish and the life stage of the fish. (3) The buoys and topmarks must all be coloured yellow and marked with a yellow retro-reflective as 11. If fish were brought into the state, the purpose for which in (a) (4). they were brought in. (4) All buoys, posts, crosses and markers must be 12. Method of disposal of water and packaging use for maintained in good condition. transporting the fish. When the site is in navigable water and possible danger to 13. If any disease or symptom of disease occurred in the navigation, lights must be yellow in colour and flashing once acquired fish. every 4 seconds and visible over an arc of 360 degrees for a 14. Method of disposal of diseased or dead fish and the distance of at least one mile. number disposed of. All sea cages on the site must be marked with a unique sea 15. Signature, date and telephone number. cage number and the site’s unique ‘FB number’; that is, the licence number. All St Andrew’s crosses must be marked with the 16. Use of any chemicals for fish husbandry—type of site’s unique ‘FB number’; that is the licence number. chemical and quantity used, purpose and date of use.

22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2187

FISHERIES ACT 1982 6.2 must immediately inform an officer of PIRSA (Fisheries) on 1800 065 522 or such other officer as the MARINE TUNA FARMING LICENCE FB00013 Minister from time to time notifies to the licensee in Licence to Farm Fish under section 53 of the Fisheries writing if any marine animal, other than the permitted Act 1982 species, is caught in any sea cage or other farm structure WHEREAS the Director of Fisheries has, pursuant to section used by the licensee on the site. 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to 7. Location of Sea Cages the undermentioned licensee to release the fish specified in Schedule 2 of this licence (‘the permitted species’) and, pursuant The licensee must not erect or use any sea cages in any to section 48G (2) of the Act, the Director of Fisheries has also location on the site where stocked sea cages have been used in the issued a permit to disturb the seabed for the purpose of installing immediately preceding two year period. structures necessary for the licensed activity at the below 8. Marking and Maintaining the Site mentioned site, the Minister for Primary Industries, Natural The licensee: Resources and Regional Development (‘the Minister’) hereby grants to: 8.1 must ensure that the site is maintained in a good, tidy and safe condition to the satisfaction of the Minister; DI Fishing Co. Pty Ltd MG Kailis Tuna 8.2 must remove and lawfully dispose of any waste or debris P.O. Box 1491 on the site as soon as is reasonably practicable and in Port Lincoln, S.A. 5606, particular must comply with any guidelines issued from time to time by the Minister in relation to the removal a non-exclusive licence to occupy and use the waters specified in from the site of any unhealthy or dead fish; Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of farming and taking the permitted species (‘the permitted use’) for 8.3 must maintain all buoys, crosses, and markers on the site the period commencing on 1 July 1998 and ending, subject to any in good condition and in accordance with the colours earlier termination under this licence, on 30 June 1999 (‘the specified in Schedule 1 of this licence; and term’) subject to the following terms and conditions: 8.4 must mark the site boundary in accordance with the CONDITIONS OF THIS LICENCE specifications in Schedule 1 of this licence. 1. Licence 9. Site Inspection and Supervision The parties acknowledge and agree that: The licensee: 1.1 the rights, powers and privileges granted to or vested in 9.1 must at all times permit the Minister, his employees, the licensee under this licence are contractual only and agents or contractors or any employees, agents or shall not create or vest in the licensee any estate, contractors of the Crown to enter the site for the interest or right of a proprietary nature in the site; and purposes of inspecting the site, the sea floor and the 1.2 that, subject to section 53A of the Fisheries Act 1982, flora and fauna on or in the vicinity of the site; and this licence does not entitle the licensee to exclusive 9.2 must comply with all reasonable directions of any such rights of entry to and occupation of the site and that person authorised by the Director of Fisheries to inspect the rights granted by this licence are exercisable by the the conduct of the licensee’s activities at the site. licensee in common with any other occupiers of the site from time to time. 10. Fees and Returns 2. Marked-off Areas The licensee: For the purposes of section 53A of the Fisheries Act 1982, the 10.1 must pay to the Minister the licence fee in marked-off areas within the site is that area or those areas accordance with Item l of Schedule 3 of this licence; marked-off or indicated in the manner set out in Item 2 of 10.2 must on or before 31 January and 31 July during the Schedule 1 of this licence. term, submit to the Minister a return supplying all of 3. Permitted Species the information described in Schedule 4 of this licence. The licensee: 11. Compliance With Relevant Laws 3.1 must not farm or introduce any species at the site other than the permitted species; and 11.1 the licensee must at all times comply with all laws, by-laws or regulations in force which relate to the site 3.2 must not take any wild fish from the site except for or the activities conducted in the site and with all recreational purposes. notices, orders or requirements lawfully given or made 4. Permitted Use by any authority or authorities in respect of the site; The licensee must not use the site for any purpose other than 11.2 in particular, without derogating from the general the permitted use. requirement under condition 11 of this licence: 5. Permitted Methods 11.2.1 the licensee must not do or permit to be done in upon or about the site anything The licensee: which in the opinion of the Minister would 5.1 must not stock the permitted species at a rate greater cause or contribute to the degradation or than that specified in Schedule 2 of this licence; pollution of any coastal land or the 5.2 must not use the anti-fouling chemical tributyltin (TBT) surrounding marine environment; and on any equipment used at the site; 11.2.2 in the event that the Minister is satisfied, on 5.3 must not use any chemical or drug for either therapeutic reasonable grounds, that the fish taken from or prophylactic purpose except with the prior approval the waters are not fit for human of the Minister; consumption or that consumption of fish taken from the waters could present a danger 5.4 must apply the permitted farming methods set out in to the health of the consumer, the licensee Schedule 2 of this licence. must, in accordance with a written notice 6. Sea Cages from the Minister, cease or suspend the conduct of the permitted use or else conduct The licensee: the permitted use as directed within the 6.1 must ensure that all sea cages on the site have anti- notice. predator protection satisfactory to the Minister at all times during the term; and 2188 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

12. Public Risk Indemnity 17.4.3 the licensee enters into a scheme of The licensee must at all times indemnify the Minister, his arrangement, compromise, moratorium or officers, employees, contractors and agents from and against all other form of composition with its creditors claims, demands, actions, judgments, proceedings, damages, losses, or any class of its creditors; costs, charges and expenses in respect of any loss of life, personal 17.4.4 a receiver, a manager or a receiver and injury and/or damage to property caused or suffered in any manager, a company administrator or other manner in or about the site. insolvency administrator is appointed to the 13. Release licensee; or The licensee must use and keep the site at the risk in all things 17.4.5 a mortgagee, chargee or other encum- of the licensee and the licensee must release to the full extent brancee is appointed over or takes permitted by law the Minister, his agents, contractors and possession of or appoints an agent to take servants in the absence of any wilful act, omission, default or possession of all or any of the licensee’s neglect on their part from all claims and demands of every kind assets; or resulting from any accident damage or injury to persons or 17.5 if the licensee is an individual, the licensee: property occurring at the site, including loss or damage to the 17.5.1 becomes bankrupt or assigns its estate or licensee’s fixtures or personal property of the licensee. enters into a deed of arrangement or other 14. Public Risk Insurance form of composition for the benefit of the The licensee shall at its own cost and expense during the term licensee’s creditors; or effect and keep in full force and effect in respect of the site and 17.5.2 is convicted of an indictable offence. the permitted use a policy of public risk insurance in the joint Termination of this licence by the Minister shall be names of the licensee and the Minister in which the limits of without prejudice to any rights, remedies or actions public risk shall not be less than the amount specified in Item 2 of that the Minister may have against the licensee in Schedule 3 of this licence, or such further amount as the Minister respect of any antecedent breach by the licensee of may from time to time reasonably require, as the amount which the terms and conditions contained in this licence. may be paid out in respect of any one single claim and a policy of insurance or copy thereof or a certificate of insurance shall be 18. Interpretation produced by the licensee to the Minister on request in writing Subject to any inconsistency of subject or context, the being made by the Minister for its production. following rules of construction shall be used in the interpretation 15. Guarantee or Indemnity Scheme of this licence: The licensee must either: 18.1 any word importing the plural includes the singular and vice versa; 15.1 provide a guarantee from its bankers; or 18.2 any wording importing a gender shall include all 15.2 contribute to an indemnity scheme established for other genders; the aquaculture and fisheries industry and approved by the Minister, 18.3 a reference to a body corporate shall include a natural person and vice versa; to and in favour of and for the benefit of the Minister by way of security for the due and punctual performance by the licensee of 18.4 a reference to a recital, party, clause, Schedule or the terms and conditions of this licence and in particular the Annexure is a reference to a recital, party, clause, obligations of the licensee to rehabilitate the site immediately Schedule or Annexure of this licence; prior to the expiration or sooner determination of the term of 18.5 the captions, headings, section numbers and clause this licence. Such guarantee or indemnity scheme must have numbers appearing in this licence are inserted only as effect from the date of commencement of the term. a matter of convenience and in no way affect the 16. No Assignment construction of this licence; The licensee acknowledges that this licence is personal and it 18.6 a reference to a statute shall include all statutes must not assign or sublet or deal in any other way with any amending, consolidating or replacing the statutes interest in this licence. referred to; 17. Default by Licensee and Termination 18.7 where two or more persons are named as licensees, this licence shall bind the licensees jointly and each of The Minister may terminate this licence immediately by notice them severally; and in writing served on the licensee if: 18.8 time is of the essence in respect of any obligation 17.1 the licensee commits or permits any breach or relating to time in this licence. default of the obligations imposed on the licensee by this licence, and following the giving by the Minister 19. Delegation of written notice of such breach or default, the Any consent, notice, any consultation or any other thing licensee either fails to rectify such breach or default which is pursuant to the terms of this licence either required to be within one calendar month of the date of such notice given, done or performed or which may be given, done or (or earlier if the circumstances require) or fails to performed by the Minister may for the purposes of this licence be make diligent progress towards rectifying any such properly given, done or performed by any duly authorised agent breach which is incapable of rectification within the or employee of the Minister. time so limited; or 20. Severance 17.2 the licensee commits or permits any further breach or default of the obligations imposed on the licensee If any term or condition of this licence should be for any by this licence for which the Minister has previously reason unlawful, void, invalid or unenforceable then the offending given notice in writing of such breach or default term or condition shall be severed from this licence without pursuant to paragraph 1 of condition 17.1 notwith- affecting the validity or enforceability of the remainder of this standing rectification of the previous breach or licence. default; or 21. Modification 17.3 the licence fee referred to in condition 10 is unpaid No variation of or addition to any provision of this licence for a period of 14 days after notice has been given to shall be binding upon the Minister and the licensee unless such the licensee that it is outstanding; or variation or addition is made in writing, signed by both the 17.4 if the licensee is a body corporate, any of the Minister and the licensee and expressed to be either supplemental following occur: to or in substitution for the whole or a part of this licence. 17.4.1 the licensee is unable to pay its debts as and when they fall due or is otherwise insolvent; 17.4.2 an order is made for the winding up or liquidation of the licensee; 22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2189

22. Waiver The boundary of the site to be marked either with: 22.1 A waiver of any provision of this licence by the (a) (1) At the corners with posts extending 900 mm above Minister must both be in writing and be signed by the mean high water springs. Such posts to be marked Minister or by persons duly authorised to execute such with a St Andrews cross, each cross arm measuring a document on the Minister’s part. 900 mm from tip to tip, minimum width 75 mm. 22.2 No waiver by the Minister of a breach of a term or (2) Posts to be not less than 125 mm in diameter. condition contained in this licence shall operate as a (3) Posts and crosses to be painted yellow. waiver of any breach of the same or any other term or condition contained in this licence. (4) The ends of each cross to be marked with a 200 mm strip of yellow retro-reflective tape. 22.3 No forbearance, delay or indulgence by the Minister in enforcing the provisions of this licence shall (5) Between the corner posts at intervals not exceeding prejudice or restrict the rights of the Minister. 50 m, buoys not less than 300 mm in diameter. 23. Notices (6) All buoys, posts, crosses and markers must be maintained in good condition. 23.1 Notices may be served by delivering the same personally, by mail or facsimile transmission and shall or be: (b) (1) At each corner, yellow spar buoys with a St 23.1.1 in writing addressed to the Director of Andrews cross as a top mark placed at least Fisheries, PIRSA, 16th Floor, 25 Grenfell 900 mm above the buoy, cross arms 900 mm long x Street, Adelaide, S.A. 5000 (in the case of 75 mm wide. the Minister) and to the address of the (2) At distances not exceeding 50 m between the licensee set out above (in the case of the corner spar buoys, yellow spherical buoys not less licensee); than 300 mm in diameter. 23.1.2 signed by or on behalf of the sender or by a (3) The buoys and topmarks must all be coloured person duly authorised in that regard by the yellow and marked with a yellow retro-reflective as sender; in (a) (4). 23.1.3 deemed to be duly served or made in the (4) All buoys, posts, crosses and markers must be following circumstances: maintained in good condition. (a) if delivered, upon delivery; When the site is in navigable water and possible danger to (b) if sending by mail, upon posting; navigation, lights must be yellow in colour and flashing once every 4 seconds and visible over an arc of 360 degrees for a (c) if sent by facsimile transmission, upon distance of at least one mile. the sender’s facsimile producing a transmission report that the facsimile All sea cages on the site must be marked with a unique sea was satisfactorily sent in its entirety to cage number and the site’s unique ‘FB number’; that is, the the addressee’s facsimile number, licence number. All St Andrew’s crosses must be marked with the site’s unique ‘FB number’; that is the licence number. but if delivery is not made before 5 p.m. on any day it shall be deemed to be received at Item 2—Marked-Off Areas 9 a.m. on the next day in that place. Marked-off areas must be marked with no less than 8 equally 23.2 The Minister and the licensee may each vary their spaced white buoys, each of at least 12 inches in diameter, each address or facsimile number at any time by written positioned no more than 70 m from each relevant sea cage notice. situated on the site. Granted on behalf of the Minister by Director of Fisheries, SCHEDULE 2 delegate of the Minister, on 13 April 1999. Permitted Species G. MORGAN, Director of Fisheries The Director of Fisheries has, pursuant to section 50 (2) of the The licensee hereby acknowledges and agrees to the terms and Act, issued a permit for the release of the fish specified in this conditions of this licence. Schedule. The Common Seal of DI Fishing Co. Pty Ltd was hereunto Southern Bluefin Tuna (Thunnus maccoyii) affixed in the presence of: Permitted Farming Methods (L.S.) R. PIKE, Director The Director of Fisheries has, pursuant to section 48G (2) of K. TURLEY, Secretary the Act, issued a permit to disturb the seabed for the purpose of installing the structures specified in this Schedule. SCHEDULE 1 Sea Cages 14 Item 1—The Site Stocking Rates Area applicable to this licence: The maximum weight of fish introduced into the site must not Licensed Area Licensed exceed 430 tonnes in total during the term of the licence. Hectares Zone 53 The maximum stocking density of fish introduced into the site must not exceed 4 kg/m 3. 589843E 6159284N 135°58¢51² -34°42¢15² 30 590213E 6159436N 135°59¢06² -34°42¢10² SCHEDULE 3 590498E 6158742N 135°59¢17² -34°42¢33² Item 1—Fees 590128E 6158590N 135°59¢03² -34°42¢38² Annual licence fees are: All structures, equipment, buoys and flotations (except for that required by the Department for Transport, Urban Planning and $ the Arts) must be black, dark grey, dark blue, dark brown, or dark TEMP Environmental Monitoring Fee 30 at green coloured materials. $126.70 each ...... 3 801.00 Base Licence Fee 30 at $321.34 each ...... 9 640.20 Total Annual Licence Fee ...... 13 441.20 2190 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

Item 2—Public Risk Insurance 1.2 that, subject to section 53A of the Fisheries Act 1982, Five million dollars ($5 000 000). this licence does not entitle the licensee to exclusive rights of entry to and occupation of the site and that SCHEDULE 4 the rights granted by this licence are exercisable by the licensee in common with any other occupiers of the site Returns from time to time. The licensee must submit the following information to the 2. Marked-off Areas Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and For the purposes of section 53A of the Fisheries Act 1982, the 31 July during the term of this licence: marked-off areas within the site is that area or those areas marked-off or indicated in the manner set out in Item 2 of 1. Name of licensee. Schedule 1 of this licence. 2. Address of licensee. 3. Permitted Species 3. Species of fish farmed and held on the site. The licensee: 4. Location of aquaculture operation. 3.1 must not farm or introduce any species at the site other 5. Period covered by return. than the permitted species; and 6. Number of life stage of each species of fish held. 3.2 must not take any wild fish from the site except for recreational purposes. 7. Number, weight and value of each species of fish held. 4. Permitted Use 8. Details of any disease detected in any fish kept. The licensee must not use the site for any purpose other than 9. Source (whether interstate or intrastate) of any stock the permitted use. acquired and date of acquisition (if relevant, include name of authority that provided certification that stock was 5. Permitted Methods free from disease). The licensee: 10. If any fish were brought into the state, the number of 5.1 must not stock the permitted species at a rate greater fish and the life stage of the fish. than that specified in Schedule 2 of this licence; 11. If fish were brought into the state, the purpose for which 5.2 must not use the anti-fouling chemical tributyltin (TBT) they were brought in. on any equipment used at the site; 12. Method of disposal of water and packaging use for 5.3 must not use any chemical or drug for either therapeutic transporting the fish. or prophylactic purpose except with the prior approval 13. If any disease or symptom of disease occurred in the of the Minister; acquired fish. 5.4 must apply the permitted farming methods set out in 14. Method of disposal of diseased or dead fish and the Item 2 of Schedule 2 of this licence. number disposed of. 6. Marking and Maintaining the Site 15. Signature, date and telephone number. The licensee: 16. Use of any chemicals for fish husbandry—type of 6.1 must ensure that the site is maintained in a good, tidy chemical and quantity used, purpose and date of use. and safe condition to the satisfaction of the Minister;

6.2 must remove and lawfully dispose of any waste or debris FISHERIES ACT 1982 on the site as soon as is reasonably practicable and in particular must comply with any guidelines issued from MARINE MOLLUSC FARMING LICENCE FM00019 time to time by the Minister in relation to the removal (PREVIOUS LICENCE NO. F510) from the site of any unhealthy or dead fish; Licence to Farm Fish under section 53 of the Fisheries 6.3 must maintain all buoys, crosses, and markers on the site Act 1982 in good condition and in accordance with the colours WHEREAS the Director of Fisheries has, pursuant to section specified in Schedule 1 of this licence; and 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to 6.4 must mark the site boundary in accordance with the the undermentioned licensee to release the fish specified in specifications in Schedule 1 of this licence. Item 1 of Schedule 2 of this licence (‘the permitted species’) and, pursuant to section 48G (2) of the Act, the Director of Fisheries 7. Site Inspection and Supervision has also issued a permit to disturb the seabed for the purpose of The licensee: installing structures necessary for the licensed activity at the 7.1 must at all times permit the Minister, his employees, undermentioned site, the Minister for Primary Industries, Natural agents or contractors or any employees, agents or Resources and Regional Development (‘the Minister’) hereby contractors of the Crown to enter the site for the grants to: purposes of inspecting the site, the sea floor and the G. J. Olds flora and fauna on or in the vicinity of the site; and 63 Esplanade Avenue 7.2 must comply with all reasonable directions of any such Coffin Bay, S.A. 5607, person authorised by the Director of Fisheries to inspect a non-exclusive licence to occupy and use the waters specified in the conduct of the licensee’s activities at the site. Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of 8. Fees and Returns farming and taking the permitted species (‘the permitted use’) for the period commencing on 1 July 1998 and ending, subject to any The licensee: earlier termination under this licence, on 30 June 1999 (‘the 8.1 must pay to the Minister the licence fee in accordance term’) subject to the following terms and conditions: with Item l of Schedule 3 of this licence; CONDITIONS OF THIS LICENCE 8.2 must on or before 31 January and 31 July during the 1. Licence term, submit to the Minister a return supplying all of The parties acknowledge and agree that: the information described in Schedule 4 of this licence. 1.1 the rights, powers and privileges granted to or vested in 9. Compliance With Relevant Laws the licensee under this licence are contractual only and 9.1 the licensee must at all times comply with all laws, by- shall not create or vest in the licensee any estate, laws or regulations in force which relate to the site or interest or right of a proprietary nature in the site; and the activities conducted in the site and with all notices, orders or requirements lawfully given or made by any authority or authorities in respect of the site; 9.2 in particular, without derogating from the general requirement under condition 9 of this licence: 22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2191

9.2.1 the licensee must not do or permit to be done in earlier if the circumstances require) or fails to make upon or about the site anything which in the diligent progress towards rectifying any such breach opinion of the Minister would cause or contribute which is incapable of rectification within the time so to the degradation or pollution of any coastal limited; or land or the surrounding marine environment; and 15.2 the licensee commits or permits any further breach 9.2.2 in the event that the Minister is satisfied, on or default of the obligations imposed on the licensee reasonable grounds, that the fish taken from the by this licence for which the Minister has previously waters are not fit for human consumption or that given notice in writing of such breach or default consumption of fish taken from the waters could pursuant to paragraph 1 of condition 15.1 notwith- present a danger to the health of the consumer, standing rectification of the previous breach or the licensee must, in accordance with a written default; or notice from the Minister, cease or suspend the 15.3 the licence fee referred to in condition 8 is unpaid conduct of the permitted use or else conduct the for a period of 14 days after notice has been given to permitted use as directed within the notice. the licensee that it is outstanding; or 10. Public Risk Liability 15.4 if the licensee is a body corporate, any of the The licensee must at all times indemnify the Minister, his following occur: officers, employees, contractors and agents from and against all 15.4.1 the licensee is unable to pay its debts as and claims, demands, actions, judgments, proceedings, damages, losses, when they fall due or is otherwise insolvent; costs, charges and expenses in respect of any loss of life, personal injury and/or damage to property caused or suffered in any 15.4.2 an order is made for the winding up or manner in or about the site. liquidation of the licensee; 11. Release 15.4.3 the licensee enters into a scheme of arrangement, compromise, moratorium or The licensee must use and keep the site at the risk in all things other form of composition with its creditors of the licensee and the licensee must release to the full extent or any class of its creditors; permitted by law the Minister, his agents, contractors and servants in the absence of any wilful act, omission, default or 15.4.4 a receiver, a manager or a receiver and neglect on their part from all claims and demands of every kind manager, a company administrator or other resulting from any accident damage or injury to persons or insolvency administrator is appointed to the property occurring at the site, including loss or damage to the licensee; or licensee’s fixtures or personal property of the licensee. 15.4.5 a mortgagee, chargee or other encum- 12. Public Risk Insurance brancee is appointed over or takes possession of or appoints an agent to take The licensee shall at its own cost and expense during the term possession of all or any of the licensee’s effect and keep in full force and effect in respect of the site and assets; or the permitted use a policy of public risk insurance in the joint names of the licensee and the Minister in which the limits of 15.5 if the licensee is an individual, the licensee: public risk shall not be less than the amount specified in Item 2 of 15.5.1 becomes bankrupt or assigns its estate or Schedule 3 of this licence, or such further amount as the Minister enters into a deed of arrangement or other may from time to time reasonably require, as the amount which form of composition for the benefit of the may be paid out in respect of any one single claim and a policy of licensee’s creditors; or insurance or copy thereof or a certificate of insurance shall be produced by the licensee to the Minister on request in writing 15.5.2 is convicted of an indictable offence. being made by the Minister for its production. Termination of this licence by the Minister shall be 13. Guarantee or Indemnity Scheme without prejudice to any rights, remedies or actions that the Minister may have against the licensee in The licensee must either: respect of any antecedent breach by the licensee of 13.1 provide a guarantee from its bankers; or the terms and conditions contained in this licence. 13.2 contribute to an indemnity scheme established for 16. Interpretation the aquaculture and fisheries industry and approved by Subject to any inconsistency of subject or context, the the Minister, following rules of construction shall be used in the interpretation to and in favour of and for the benefit of the Minister by way of of this licence: security for the due and punctual performance by the licensee of 16.1 any word importing the plural includes the singular the terms and conditions of this licence and in particular the and vice versa; obligations of the licensee to rehabilitate the site immediately prior to the expiration or sooner determination of the term of 16.2 any wording importing a gender shall include all this licence. Such guarantee or indemnity scheme must have other genders; effect from the date of commencement of the term. 16.3 a reference to a body corporate shall include a 14. No Assignment natural person and vice versa; The licensee acknowledges that this licence is personal and it 16.4 a reference to a recital, party, clause, Schedule or must not assign or sublet or deal in any other way with any Annexure is a reference to a recital, party, clause, interest in this licence. Schedule or Annexure of this licence; 15. Default by Licensee and Termination 16.5 the captions, headings, section numbers and clause numbers appearing in this licence are inserted only as The Minister may terminate this licence immediately by notice a matter of convenience and in no way affect the in writing served on the licensee if: construction of this licence; 15.1 the licensee commits or permits any breach or 16.6 a reference to a statute shall include all statutes default of the obligations imposed on the licensee by amending, consolidating or replacing the statutes this licence, and following the giving by the Minister referred to; of written notice of such breach or default, the licensee either fails to rectify such breach or default 16.7 where two or more persons are named as licensees, within one calendar month of the date of such notice this licence shall bind the licensees jointly and each of (or them severally; and 16.8 time is of the essence in respect of any obligation relating to time in this licence. 2192 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

17. Delegation SCHEDULE 1 Any consent, notice, any consultation or any other thing Item 1—The Site which is pursuant to the terms of this licence either required to be Area applicable to this licence: given, done or performed or which may be given, done or performed by the Minister may for the purposes of this licence be Licensed Area Licensed properly given, done or performed by any duly authorised agent Hectares or employee of the Minister. Zone 53 18. Severance 537500E 6171825N 135°24¢32² -34°35¢40² 4 537550E 6171700N 135°24¢34² -34°35¢44² If any term or condition of this licence should be for any 537600E 6171575N 135°24¢36² -34°35¢48² reason unlawful, void, invalid or unenforceable then the offending 537550E 6171500N 135°24¢34² -34°35¢51² term or condition shall be severed from this licence without 537325E 6171650N 135°24¢25² -34°35¢46² affecting the validity or enforceability of the remainder of this licence. All structures, equipment, buoys and flotations (except for that required by the Department for Transport, Urban Planning and 19. Modification the Arts) must be black, dark grey, dark blue, dark brown, or dark No variation of or addition to any provision of this licence green coloured materials. shall be binding upon the Minister and the licensee unless such The boundary of the site to be marked either with: variation or addition is made in writing, signed by both the Minister and the licensee and expressed to be either supplemental (a) (1) At the corners with posts extending 900 mm above to or in substitution for the whole or a part of this licence. mean high water springs. Such posts to be marked with a St Andrews cross, each cross arm measuring 20. Waiver 900 mm from tip to tip, minimum width 75 mm. 20.1 A waiver of any provision of this licence by the (2) Posts to be not less than 125 mm in diameter. Minister must both be in writing and be signed by the Minister or by persons duly authorised to execute such (3) Posts and crosses to be painted yellow. a document on the Minister’s part. (4) The ends of each cross to be marked with a 20.2 No waiver by the Minister of a breach of a term or 200 mm strip of yellow retro-reflective tape. condition contained in this licence shall operate as a (5) Between the corner posts at intervals not exceeding waiver of any breach of the same or any other term 50 m, buoys not less than 300 mm in diameter. or condition contained in this licence. (6) All buoys, posts, crosses and markers must be 20.3 No forbearance, delay or indulgence by the Minister maintained in good condition. in enforcing the provisions of this licence shall or prejudice or restrict the rights of the Minister. (b) (1) At each corner, yellow spar buoys with a St 21. Notices Andrews cross as a top mark placed at least 21.1 Notices may be served by delivering the same 900 mm above the buoy, cross arms 900 mm long x personally, by mail or facsimile transmission and shall 75 mm wide. be: (2) At distances not exceeding 50 m between the 21.1.1 in writing addressed to the Director of corner spar buoys, yellow spherical buoys not less Fisheries, PIRSA, 16th Floor, 25 Grenfell than 300 mm in diameter. Street, Adelaide, S.A. 5000 (in the case of (3) The buoys and topmarks must all be coloured the Minister) and to the address of the yellow and marked with a yellow retro-reflective as licensee set out above (in the case of the in (a) (4). licensee); (4) All buoys, posts, crosses and markers must be 21.1.2 signed by or on behalf of the sender or by a maintained in good condition. person duly authorised in that regard by the sender; When the site is in navigable water and possible danger to navigation, lights must be placed on the top of each St Andrews 21.1.3 deemed to be duly served or made in the cross that is located at each corner of the site and these lights following circumstances: must be yellow in colour and flashing once every 4 seconds and (a) if delivered, upon delivery; visible over an arc of 360 degrees for a distance of at least one (b) if sending by mail, upon posting; mile. (c) if sent by facsimile transmission, upon Item 2—Marked-Off Areas the sender’s facsimile producing a [Co-ordinates of developed areas within the site to be provided transmission report that the facsimile by the licensee.] was satisfactorily sent in its entirety to White buoys of at least 12 inches in diameter must be placed the addressee’s facsimile number, around the whole of the perimeter of the developed areas within but if delivery is not made before 5 p.m. on the site at a distance of no less than 50 m from one another. any day it shall be deemed to be received at SCHEDULE 2 9 a.m. on the next day in that place. Item 1¾Permitted Species 21.2 The Minister and the licensee may each vary their address or facsimile number at any time by written The Director of Fisheries has, pursuant to section 50 (2) of the notice. Act, issued a permit for the release of the fish specified in this Schedule. Granted on behalf of the Minister by Director of Fisheries, delegate of the Minister, on 2 April 1999. Pacific Oysters (Crassostrea gigas) G. MORGAN, Director of Fisheries Item 2¾Permitted Farming Methods The licensee hereby acknowledges and agrees to the terms and The Director of Fisheries has, pursuant to section 48G (2) of conditions of this licence. the Act, issued a permit to disturb the seabed for the purpose of installing the structures specified in this Schedule. Signed by the said G. J. OLDS Longlines In the presence of: M. LORKIN, Witness Each unit must not exceed 100 m in length and 2 m in width, and each unit must be at least 6 m from any other unit. 22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2193

Item 3¾Stocking Rates installing structures necessary for the licensed activity at the Oysters undermentioned site, the Minister for Primary Industries, Natural Resources and Regional Development (‘the Minister’) hereby Size (mm) Number per Hectare grants to: 3 2 500 000 W. A. and L. G. Green 10 1 600 000 28 Denton Street 20 1 100 000 Smokey Bay, S.A. 5680, 30 750 000 40 500 000 a non-exclusive licence to occupy and use the waters specified in 50 350 000 Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of 60 200 000 farming and taking the permitted species (‘the permitted use’) for 70 150 000 the period commencing on 1 July 1998 and ending, subject to any 80 100 000 earlier termination under this licence, on 30 June 1999 (‘the term’) subject to the following terms and conditions: SCHEDULE 3 Item 1—Fees CONDITIONS OF THIS LICENCE 1. Licence $ Environmental Monitoring Program 4 at $20 each...... 80.00 The parties acknowledge and agree that: SASQAP (Classified Area) 4 at $37 each ...... 148.00 1.1 the rights, powers and privileges granted to or vested in Base Licence Fee...... 328.00 the licensee under this licence are contractual only and Fisheries Research and Development Corporation shall not create or vest in the licensee any estate, Levy...... 92.60 interest or right of a proprietary nature in the site; and Total Annual Licence Fee ...... 648.60 1.2 that, subject to section 53A of the Fisheries Act 1982, Item 2—Public Risk Insurance this licence does not entitle the licensee to exclusive Five million dollars ($5 000 000). rights of entry to and occupation of the site and that the rights granted by this licence are exercisable by the SCHEDULE 4 licensee in common with any other occupiers of the site Returns from time to time. The licensee must submit the following information to the 2. Marked-off Areas Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 For the purposes of section 53A of the Fisheries Act 1982, the Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and marked-off areas within the site is that area or those areas 31 July during the term of this licence: marked-off or indicated in the manner set out in Item 2 of 1. Name of licensee. Schedule 1 of this licence. 2. Address of licensee. 3. Permitted Species 3. Species of fish farmed and held on the site. The licensee: 4. Location of aquaculture operation. 3.1 must not farm or introduce any species at the site other 5. Period covered by return. than the permitted species; and 6. Number of life stage of each species of fish held. 3.2 must not take any wild fish from the site except for 7. Number, weight and value of each species of fish held. recreational purposes. 8. Details of any disease detected in any fish kept. 4. Permitted Use 9. Source (whether interstate or intrastate) of any stock The licensee must not use the site for any purpose other than acquired and date of acquisition (if relevant, include name the permitted use. of authority that provided certification that stock was 5. Permitted Methods free from disease). The licensee: 10. If any fish were brought into the state, the number of fish and the life stage of the fish. 5.1 must not stock the permitted species at a rate greater than that specified in Schedule 2 of this licence; 11. If fish were brought into the state, the purpose for which they were brought in. 5.2 must not use the anti-fouling chemical tributyltin (TBT) 12. Method of disposal of water and packaging use for on any equipment used at the site; transporting the fish. 5.3 must not use any chemical or drug for either therapeutic 13. If any disease or symptom of disease occurred in the or prophylactic purpose except with the prior approval acquired fish. of the Minister; 14. Method of disposal of diseased or dead fish and the 5.4 must apply the permitted farming methods set out in number disposed of. Item 2 of Schedule 2 of this licence. 15. Signature, date and telephone number. 6. Marking and Maintaining the Site 16. Use of any chemicals for fish husbandry—type of The licensee: chemical and quantity used, purpose and date of use. 6.1 must ensure that the site is maintained in a good, tidy and safe condition to the satisfaction of the Minister;

FISHERIES ACT 1982 6.2 must remove and lawfully dispose of any waste or debris on the site as soon as is reasonably practicable and in MARINE MOLLUSC FARMING LICENCE FM00035 particular must comply with any guidelines issued from (PREVIOUS LICENCE NO. F537) time to time by the Minister in relation to the removal Licence to Farm Fish under section 53 of the Fisheries from the site of any unhealthy or dead fish; Act 1982 6.3 must maintain all buoys, crosses, and markers on the site WHEREAS the Director of Fisheries has, pursuant to section in good condition and in accordance with the colours 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to specified in Schedule 1 of this licence; and the undermentioned licensee to release the fish specified in 6.4 must mark the site boundary in accordance with the Item 1 of Schedule 2 of this licence (‘the permitted species’) and, specifications in Schedule 1 of this licence. pursuant to section 48G (2) of the Act, the Director of Fisheries has also issued a permit to disturb the seabed for the purpose of

2194 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

7. Site Inspection and Supervision 13. Guarantee or Indemnity Scheme The licensee: The licensee must either: 7.1 must at all times permit the Minister, his employees, 13.1 provide a guarantee from its bankers; or agents or contractors or any employees, agents or 13.2 contribute to an indemnity scheme established for contractors of the Crown to enter the site for the the aquaculture and fisheries industry and approved by purposes of inspecting the site, the sea floor and the the Minister, flora and fauna on or in the vicinity of the site; and to and in favour of and for the benefit of the Minister by way of 7.2 must comply with all reasonable directions of any such security for the due and punctual performance by the licensee of person authorised by the Director of Fisheries to inspect the terms and conditions of this licence and in particular the the conduct of the licensee’s activities at the site. obligations of the licensee to rehabilitate the site immediately 8. Fees and Returns prior to the expiration or sooner determination of the term of this licence. Such guarantee or indemnity scheme must have The licensee: effect from the date of commencement of the term. 8.1 must pay to the Minister the licence fee in accordance 14. No Assignment with Item l of Schedule 3 of this licence; The licensee acknowledges that this licence is personal and it 8.2 must on or before 31 January and 31 July during the must not assign or sublet or deal in any other way with any term, submit to the Minister a return supplying all of interest in this licence. the information described in Schedule 4 of this licence. 15. Default by Licensee and Termination 9. Compliance With Relevant Laws The Minister may terminate this licence immediately by notice 9.1 the licensee must at all times comply with all laws, by- in writing served on the licensee if: laws or regulations in force which relate to the site or 15.1 the licensee commits or permits any breach or the activities conducted in the site and with all notices, default of the obligations imposed on the licensee by orders or requirements lawfully given or made by any this licence, and following the giving by the Minister authority or authorities in respect of the site; of written notice of such breach or default, the 9.2 in particular, without derogating from the general licensee either fails to rectify such breach or default requirement under condition 9 of this licence: within one calendar month of the date of such notice (or earlier if the circumstances require) or fails to 9.2.1 the licensee must not do or permit to be done in make diligent progress towards rectifying any such upon or about the site anything which in the breach which is incapable of rectification within the opinion of the Minister would cause or contribute time so limited; or to the degradation or pollution of any coastal land or the surrounding marine environment; and 15.2 the licensee commits or permits any further breach or default of the obligations imposed on the licensee 9.2.2 in the event that the Minister is satisfied, on by this licence for which the Minister has previously reasonable grounds, that the fish taken from the given notice in writing of such breach or default waters are not fit for human consumption or that pursuant to paragraph 1 of condition 15.1 notwith- consumption of fish taken from the waters could standing rectification of the previous breach or present a danger to the health of the consumer, default; or the licensee must, in accordance with a written notice from the Minister, cease or suspend the 15.3 the licence fee referred to in condition 8 is unpaid conduct of the permitted use or else conduct the for a period of 14 days after notice has been given to permitted use as directed within the notice. the licensee that it is outstanding; or 15.4 if the licensee si a body corporate, any of the 10. Public Risk Liability following occur: The licensee must at all times indemnify the Minister, his 15.4.1 the licensee is unable to pay its debts as and officers, employees, contractors and agents from and against all when they fall due or is otherwise insolvent; claims, demands, actions, judgments, proceedings, damages, losses, costs, charges and expenses in respect of any loss of life, personal 15.4.2 an order is made for the winding up or injury and/or damage to property caused or suffered in any liquidation of the licensee; manner in or about the site. 15.4.3 the licensee enters into a scheme of 11. Release arrangement, compromise, moratorium or other form of composition with its creditors The licensee must use and keep the site at the risk in all things or any class of its creditors; of the licensee and the licensee must release to the full extent permitted by law the Minister, his agents, contractors and 15.4.4 a receiver, a manager or a receiver and servants in the absence of any wilful act, omission, default or manager, a company administrator or other neglect on their part from all claims and demands of every kind insolvency administrator is appointed to the resulting from any accident damage or injury to persons or licensee; or property occurring at the site, including loss or damage to the 15.4.5 a mortgagee, chargee or other encum- licensee’s fixtures or personal property of the licensee. brancee is appointed over or takes possession of or appoints an agent to take 12. Public Risk Insurance possession of all or any of the licensee’s The licensee shall at its own cost and expense during the term assets; or effect and keep in full force and effect in respect of the site and 15.5 if the licensee is an individual, the licensee: the permitted use a policy of public risk insurance in the joint names of the licensee and the Minister in which the limits of 15.5.1 becomes bankrupt or assigns its estate or public risk shall not be less than the amount specified in Item 2 of enters into a deed of arrangement or other Schedule 3 of this licence, or such further amount as the Minister form of composition for the benefit of the may from time to time reasonably require, as the amount which licensee’s creditors; or may be paid out in respect of any one single claim and a policy of 15.5.2 is convicted of an indictable offence. insurance or copy thereof or a certificate of insurance shall be Termination of this licence by the Minister shall be produced by the licensee to the Minister on request in writing without prejudice to any rights, remedies or actions being made by the Minister for its production. that the Minister may have against the licensee in respect of any antecedent breach by the licensee of the terms and conditions contained in this licence. 22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2195

16. Interpretation 21.1.3 deemed to be duly served or made in the Subject to any inconsistency of subject or context, the following circumstances: following rules of construction shall be used in the interpretation (a) if delivered, upon delivery; of this licence: (b) if sending by mail, upon posting; 16.1 any word importing the plural includes the singular (c) if sent by facsimile transmission, upon and vice versa; the sender’s facsimile producing a 16.2 any wording importing a gender shall include all transmission report that the facsimile other genders; was satisfactorily sent in its entirety to 16.3 a reference to a body corporate shall include a the addressee’s facsimile number, natural person and vice versa; but if delivery is not made before 5 p.m. on 16.4 a reference to a recital, party, clause, Schedule or any day it shall be deemed to be received at Annexure is a reference to a recital, party, clause, 9 a.m. on the next day in that place. Schedule or Annexure of this licence; 21.2 The Minister and the licensee may each vary their 16.5 the captions, headings, section numbers and clause address or facsimile number at any time by written numbers appearing in this licence are inserted only as notice. a matter of convenience and in no way affect the Granted on behalf of the Minister by Director of Fisheries, construction of this licence; delegate of the Minister, on 13 April 1999. 16.6 a reference to a statute shall include all statutes G. MORGAN, Director of Fisheries amending, consolidating or replacing the statutes The licensee hereby acknowledges and agrees to the terms and referred to; conditions of this licence. 16.7 where two or more persons are named as licensees, Signed by the said W. A. GREEN for W. A. and L. G. GREEN this licence shall bind the licensees jointly and each of them severally; and In the presence of: P. J. BITMEAD, Witness 16.8 time is of the essence in respect of any obligation SCHEDULE 1 relating to time in this licence. Item 1—The Site 17. Delegation Area applicable to this licence: Any consent, notice, any consultation or any other thing Licensed Area Licensed which is pursuant to the terms of this licence either required to be Hectare given, done or performed or which may be given, done or Zone 53 performed by the Minister may for the purposes of this licence be properly given, done or performed by any duly authorised agent 400763E 6415261N 133°56¢41² -32°23¢42² 1 or employee of the Minister. 400841E 6415304N 133°56¢44² -32°23¢41² 400893E 6415209N 133°56¢46² -32°23¢44² 18. Severance 400814E 6415165N 133°56¢43² -32°23¢45² If any term or condition of this licence should be for any All structures, equipment, buoys and flotations (except for that reason unlawful, void, invalid or unenforceable then the offending required by the Department for Transport, Urban Planning and term or condition shall be severed from this licence without the Arts) must be black, dark grey, dark blue, dark brown, or dark affecting the validity or enforceability of the remainder of this green coloured materials. licence. The boundary of the site to be marked either with: 19. Modification (a) (1) At the corners with posts extending 900 mm above No variation of or addition to any provision of this licence mean high water springs. Such posts to be marked shall be binding upon the Minister and the licensee unless such with a St Andrews cross, each cross arm measuring variation or addition is made in writing, signed by both the 900 mm from tip to tip, minimum width 75 mm. Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. (2) Posts to be not less than 125 mm in diameter. 20. Waiver (3) Posts and crosses to be painted yellow. 20.1 A waiver of any provision of this licence by the (4) The ends of each cross to be marked with a Minister must both be in writing and be signed by the 200 mm strip of yellow retro-reflective tape. Minister or by persons duly authorised to execute such (5) Between the corner posts at intervals not exceeding a document on the Minister’s part. 50 m, buoys not less than 300 mm in diameter. 20.2 No waiver by the Minister of a breach of a term or (6) All buoys, posts, crosses and markers must be condition contained in this licence shall operate as a maintained in good condition. waiver of any breach of the same or any other term or condition contained in this licence. or 20.3 No forbearance, delay or indulgence by the Minister (b) (1) At each corner, yellow spar buoys with a St in enforcing the provisions of this licence shall Andrews cross as a top mark placed at least prejudice or restrict the rights of the Minister. 900 mm above the buoy, cross arms 900 mm long x 75 mm wide. 21. Notices (2) At distances not exceeding 50 m between the 21.1 Notices may be served by delivering the same corner spar buoys, yellow spherical buoys not less personally, by mail or facsimile transmission and shall than 300 mm in diameter. be: (3) The buoys and topmarks must all be coloured 21.1.1 in writing addressed to the Director of yellow and marked with a yellow retro-reflective as Fisheries, PIRSA, 16th Floor, 25 Grenfell in (a) (4). Street, Adelaide, S.A. 5000 (in the case of the Minister) and to the address of the (4) All buoys, posts, crosses and markers must be licensee set out above (in the case of the maintained in good condition. licensee); When the site is in navigable water and possible danger to 21.1.2 signed by or on behalf of the sender or by a navigation, lights must be placed on the top of each St Andrews person duly authorised in that regard by the cross that is located at each corner of the site and these lights sender; must be yellow in colour and flashing once every 4 seconds and visible over an arc of 360 degrees for a distance of at least one mile. 2196 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

Item 2—Marked-Off Areas 12. Method of disposal of water and packaging use for [Co-ordinates of developed areas within the site to be provided transporting the fish. by the licensee.] 13. If any disease or symptom of disease occurred in the White buoys of at least 12 inches in diameter must be placed acquired fish. around the whole of the perimeter of the developed areas within 14. Method of disposal of diseased or dead fish and the the site at a distance of no less than 50 m from one another. number disposed of. SCHEDULE 2 15. Signature, date and telephone number. Item 1¾Permitted Species 16. Use of any chemicals for fish husbandry—type of The Director of Fisheries has, pursuant to section 50 (2) of the chemical and quantity used, purpose and date of use.

Act, issued a permit for the release of the fish specified in this Schedule. FISHERIES ACT 1982 Pacific Oysters (Crassostrea gigas) MARINE MOLLUSC FARMING LICENCE FM00136 Item 2¾Permitted Farming Methods (PREVIOUS LICENCE NO. F813) The Director of Fisheries has, pursuant to section 48G (2) of Licence to Farm Fish under section 53 of the Fisheries the Act, issued a permit to disturb the seabed for the purpose of Act 1982 installing the structures specified in this Schedule. WHEREAS the Director of Fisheries has, pursuant to section Longlines 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to Each unit must not exceed 100 m in length and 2 m in width, the undermentioned licensee to release the fish specified in and each unit must be at least 6 m from any other unit. Item 1 of Schedule 2 of this licence (‘the permitted species’) and, pursuant to section 48G (2) of the Act, the Director of Fisheries Item 3¾Stocking Rates has also issued a permit to disturb the seabed for the purpose of Oysters installing structures necessary for the licensed activity at the undermentioned site, the Minister for Primary Industries, Natural Size (mm) Number per Hectare Resources and Regional Development (‘the Minister’) hereby 3 2 500 000 grants to: 10 1 600 000 Ian Jeffrey and Sheryl Rae Sellen 20 1 100 000 17 Rodda Avenue 30 750 000 Port Lincoln, S.A. 5606, 40 500 000 50 350 000 a non-exclusive licence to occupy and use the waters specified in 60 200 000 Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of 70 150 000 farming and taking the permitted species (‘the permitted use’) for 80 100 000 the period commencing on 1 July 1998 and ending, subject to any earlier termination under this licence, on 30 June 1999 (‘the SCHEDULE 3 term’) subject to the following terms and conditions: Item 1—Fees CONDITIONS OF THIS LICENCE $ 1. Licence Environmental Monitoring Program 1 at $20 each...... 20.00 The parties acknowledge and agree that: SASQAP (Classified Area) 1 at $37 each ...... 37.00 Base Licence Fee...... 328.00 1.1 the rights, powers and privileges granted to or vested in Fisheries Research and Development Corporation the licensee under this licence are contractual only and Levy...... 92.60 shall not create or vest in the licensee any estate, Total Annual Licence Fee ...... 477.60 interest or right of a proprietary nature in the site; and Item 2—Public Risk Insurance 1.2 that, subject to section 53A of the Fisheries Act 1982, this licence does not entitle the licensee to exclusive Five million dollars ($5 000 000). rights of entry to and occupation of the site and that SCHEDULE 4 the rights granted by this licence are exercisable by the licensee in common with any other occupiers of the site Returns from time to time. The licensee must submit the following information to the 2. Marked-off Areas Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and For the purposes of section 53A of the Fisheries Act 1982, the 31 July during the term of this licence: marked-off areas within the site is that area or those areas marked-off or indicated in the manner set out in Item 2 of 1. Name of licensee. Schedule 1 of this licence. 2. Address of licensee. 3. Permitted Species 3. Species of fish farmed and held on the site. The licensee: 4. Location of aquaculture operation. 3.1 must not farm or introduce any species at the site other 5. Period covered by return. than the permitted species; and 6. Number of life stage of each species of fish held. 3.2 must not take any wild fish from the site except for recreational purposes. 7. Number, weight and value of each species of fish held. 4. Permitted Use 8. Details of any disease detected in any fish kept. The licensee must not use the site for any purpose other than 9. Source (whether interstate or intrastate) of any stock the permitted use. acquired and date of acquisition (if relevant, include name of authority that provided certification that stock was 5. Permitted Methods free from disease). The licensee: 10. If any fish were brought into the state, the number of 5.1 must not stock the permitted species at a rate greater fish and the life stage of the fish. than that specified in Schedule 2 of this licence; 11. If fish were brought into the state, the purpose for which 5.2 must not use the anti-fouling chemical tributyltin (TBT) they were brought in. on any equipment used at the site; 5.3 must not use any chemical or drug for either therapeutic or prophylactic purpose except with the prior approval of the Minister; 22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2197

5.4 must apply the permitted farming methods set out in 11. Release Item 2 of Schedule 2 of this licence. The licensee must use and keep the site at the risk in all things 6. Marking and Maintaining the Site of the licensee and the licensee must release to the full extent The licensee: permitted by law the Minister, his agents, contractors and servants in the absence of any wilful act, omission, default or 6.1 must ensure that the site is maintained in a good, tidy neglect on their part from all claims and demands of every kind and safe condition to the satisfaction of the Minister; resulting from any accident damage or injury to persons or 6.2 must remove and lawfully dispose of any waste or debris property occurring at the site, including loss or damage to the on the site as soon as is reasonably practicable and in licensee’s fixtures or personal property of the licensee. particular must comply with any guidelines issued from 12. Public Risk Insurance time to time by the Minister in relation to the removal from the site of any unhealthy or dead fish; The licensee shall at its own cost and expense during the term effect and keep in full force and effect in respect of the site and 6.3 must maintain all buoys, crosses, and markers on the site the permitted use a policy of public risk insurance in the joint in good condition and in accordance with the colours names of the licensee and the Minister in which the limits of specified in Schedule 1 of this licence; and public risk shall not be less than the amount specified in Item 2 of 6.4 must mark the site boundary in accordance with the Schedule 3 of this licence, or such further amount as the Minister specifications in Schedule 1 of this licence. may from time to time reasonably require, as the amount which may be paid out in respect of any one single claim and a policy of 7. Site Inspection and Supervision insurance or copy thereof or a certificate of insurance shall be The licensee: produced by the licensee to the Minister on request in writing being made by the Minister for its production. 7.1 must at all times permit the Minister, his employees, agents or contractors or any employees, agents or 13. Guarantee or Indemnity Scheme contractors of the Crown to enter the site for the The licensee must either: purposes of inspecting the site, the sea floor and the flora and fauna on or in the vicinity of the site; and 13.1 provide a guarantee from its bankers; or 7.2 must comply with all reasonable directions of any such 13.2 contribute to an indemnity scheme established for person authorised by the Director of Fisheries to inspect the aquaculture and fisheries industry and approved by the conduct of the licensee’s activities at the site. the Minister, 8. Fees and Returns to and in favour of and for the benefit of the Minister by way of security for the due and punctual performance by the licensee of The licensee: the terms and conditions of this licence and in particular the 8.1 must pay to the Minister the licence fee in accordance obligations of the licensee to rehabilitate the site immediately with Item l of Schedule 3 of this licence; prior to the expiration or sooner determination of the term of this licence. Such guarantee or indemnity scheme must have 8.2 must on or before 31 January and 31 July during the effect from the date of commencement of the term. term, submit to the Minister a return supplying all of the information described in Schedule 4 of this licence. 14. No Assignment 9. Compliance With Relevant Laws The licensee acknowledges that this licence is personal and it must not assign or sublet or deal in any other way with any 9.1 the licensee must at all times comply with all laws, by- interest in this licence. laws or regulations in force which relate to the site or the activities conducted in the site and with all notices, 15. Default by Licensee and Termination orders or requirements lawfully given or made by any The Minister may terminate this licence immediately by notice authority or authorities in respect of the site; in writing served on the licensee if: 9.2 in particular, without derogating from the general 15.1 the licensee commits or permits any breach or requirement under condition 9 of this licence: default of the obligations imposed on the licensee by 9.2.1 the licensee must not do or permit to be done in this licence, and following the giving by the Minister upon or about the site anything which in the of written notice of such breach or default, the opinion of the Minister would cause or contribute licensee either fails to rectify such breach or default to the degradation or pollution of any coastal within one calendar month of the date of such notice land or the surrounding marine environment; and (or earlier if the circumstances require) or fails to make diligent progress towards rectifying any such 9.2.2 in the event that the Minister is satisfied, on breach which is incapable of rectification within the reasonable grounds, that the fish taken from the time so limited; or waters are not fit for human consumption or that consumption of fish taken from the waters could 15.2 the licensee commits or permits any further breach present a danger to the health of the consumer, or default of the obligations imposed on the licensee the licensee must, in accordance with a written by this licence for which the Minister has previously notice from the Minister, cease or suspend the given notice in writing of such breach or default conduct of the permitted use or else conduct the pursuant to paragraph 1 of condition 15.1 notwith- permitted use as directed within the notice. standing rectification of the previous breach or default; or 10. Public Risk Liability 15.3 the licence fee referred to in condition 8 is unpaid The licensee must at all times indemnify the Minister, his for a period of 14 days after notice has been given to officers, employees, contractors and agents from and against all the licensee that it is outstanding; or claims, demands, actions, judgments, proceedings, damages, losses, costs, charges and expenses in respect of any loss of life, personal 15.4 if the licensee is a body corporate, any of the injury and/or damage to property caused or suffered in any following occur: manner in or about the site. 15.4.1 the licensee is unable to pay its debts as and when they fall due or is otherwise insolvent; 15.4.2 an order is made for the winding up or liquidation of the licensee; 2198 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

15.4.3 the licensee enters into a scheme of 20. Waiver arrangement, compromise, moratorium or 20.1 A waiver of any provision of this licence by the other form of composition with its creditors Minister must both be in writing and be signed by the or any class of its creditors; Minister or by persons duly authorised to execute such 15.4.4 a receiver, a manager or a receiver and a document on the Minister’s part. manager, a company administrator or other 20.2 No waiver by the Minister of a breach of a term or insolvency administrator is appointed to the condition contained in this licence shall operate as a licensee; or waiver of any breach of the same or any other term 15.4.5 a mortgagee, chargee or other encum- or condition contained in this licence. brancee is appointed over or takes 20.3 No forbearance, delay or indulgence by the Minister possession of or appoints an agent to take in enforcing the provisions of this licence shall possession of all or any of the licensee’s prejudice or restrict the rights of the Minister. assets; or 21. Notices 15.5 if the licensee is an individual, the licensee: 21.1 Notices may be served by delivering the same 15.5.1 becomes bankrupt or assigns its estate or personally, by mail or facsimile transmission and shall enters into a deed of arrangement or other be: form of composition for the benefit of the licensee’s creditors; or 21.1.1 in writing addressed to the Director of Fisheries, PIRSA, 16th Floor, 25 Grenfell 15.5.2 is convicted of an indictable offence. Street, Adelaide, S.A. 5000 (in the case of Termination of this licence by the Minister shall be the Minister) and to the address of the without prejudice to any rights, remedies or actions licensee set out above (in the case of the that the Minister may have against the licensee in licensee); respect of any antecedent breach by the licensee of 21.1.2 signed by or on behalf of the sender or by a the terms and conditions contained in this licence. person duly authorised in that regard by the 16. Interpretation sender; Subject to any inconsistency of subject or context, the 21.1.3 deemed to be duly served or made in the following rules of construction shall be used in the interpretation following circumstances: of this licence: (a) if delivered, upon delivery; 16.1 any word importing the plural includes the singular (b) if sending by mail, upon posting; and vice versa; (c) if sent by facsimile transmission, upon 16.2 any wording importing a gender shall include all the sender’s facsimile producing a other genders; transmission report that the facsimile 16.3 a reference to a body corporate shall include a was satisfactorily sent in its entirety to natural person and vice versa; the addressee’s facsimile number, 16.4 a reference to a recital, party, clause, Schedule or but if delivery is not made before 5 p.m. on Annexure is a reference to a recital, party, clause, any day it shall be deemed to be received at Schedule or Annexure of this licence; 9 a.m. on the next day in that place. 16.5 the captions, headings, section numbers and clause 21.2 The Minister and the licensee may each vary their numbers appearing in this licence are inserted only as address or facsimile number at any time by written a matter of convenience and in no way affect the notice. construction of this licence; Granted on behalf of the Minister by Director of Fisheries, 16.6 a reference to a statute shall include all statutes delegate of the Minister, on 2 April 1999. amending, consolidating or replacing the statutes G. MORGAN, Director of Fisheries referred to; The licensee hereby acknowledges and agrees to the terms and 16.7 where two or more persons are named as licensees, conditions of this licence. this licence shall bind the licensees jointly and each of them severally; and Signed by the said S. R. SELLEN and I. J. SELLEN 16.8 time is of the essence in respect of any obligation In the presence of: P. G. OWEN, Witness relating to time in this licence. SCHEDULE 1 17. Delegation Item 1—The Site Any consent, notice, any consultation or any other thing Area applicable to this licence: which is pursuant to the terms of this licence either required to be given, done or performed or which may be given, done or Licensed Area Licensed performed by the Minister may for the purposes of this licence be Hectare properly given, done or performed by any duly authorised agent Zone 53 or employee of the Minister. 534500E 6175500N 135°22¢33² -34°33¢41² 1 18. Severance 534600E 6175500N 135°22¢37² -34°33¢41² 534600E 6175400N 135°22¢37² -34°33¢44² If any term or condition of this licence should be for any 534500E 6175400N 135°22¢33² -34°33¢44² reason unlawful, void, invalid or unenforceable then the offending term or condition shall be severed from this licence without All structures, equipment, buoys and flotations (except for that affecting the validity or enforceability of the remainder of this required by the Department for Transport, Urban Planning and licence. the Arts) must be black, dark grey, dark blue, dark brown, or dark green coloured materials. 19. Modification The boundary of the site to be marked either with: No variation of or addition to any provision of this licence shall be binding upon the Minister and the licensee unless such (a) (1) At the corners with posts extending 900 mm above variation or addition is made in writing, signed by both the mean high water springs. Such posts to be marked Minister and the licensee and expressed to be either supplemental with a St Andrews cross, each cross arm measuring to or in substitution for the whole or a part of this licence. 900 mm from tip to tip, minimum width 75 mm. 22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2199

(2) Posts to be not less than 125 mm in diameter. Item 2—Public Risk Insurance (3) Posts and crosses to be painted yellow. Five million dollars ($5 000 000).

(4) The ends of each cross to be marked with a SCHEDULE 4 200 mm strip of yellow retro-reflective tape. Returns (5) Between the corner posts at intervals not exceeding 50 m, buoys not less than 300 mm in diameter. The licensee must submit the following information to the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 (6) All buoys, posts, crosses and markers must be Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and maintained in good condition. 31 July during the term of this licence: or 1. Name of licensee. (b) (1) At each corner, yellow spar buoys with a St 2. Address of licensee. Andrews cross as a top mark placed at least 900 mm above the buoy, cross arms 900 mm long x 3. Species of fish farmed and held on the site. 75 mm wide. 4. Location of aquaculture operation. (2) At distances not exceeding 50 m between the 5. Period covered by return. corner spar buoys, yellow spherical buoys not less than 300 mm in diameter. 6. Number of life stage of each species of fish held. (3) The buoys and topmarks must all be coloured 7. Number, weight and value of each species of fish held. yellow and marked with a yellow retro-reflective as 8. Details of any disease detected in any fish kept. in (a) (4). 9. Source (whether interstate or intrastate) of any stock (4) All buoys, posts, crosses and markers must be acquired and date of acquisition (if relevant, include name maintained in good condition. of authority that provided certification that stock was When the site is in navigable water and possible danger to free from disease). navigation, lights must be placed on the top of each St Andrews 10. If any fish were brought into the state, the number of cross that is located at each corner of the site and these lights fish and the life stage of the fish. must be yellow in colour and flashing once every 4 seconds and visible over an arc of 360 degrees for a distance of at least one 11. If fish were brought into the state, the purpose for which mile. they were brought in. Item 2—Marked-Off Areas 12. Method of disposal of water and packaging use for transporting the fish. [Co-ordinates of developed areas within the site to be provided by the licensee.] 13. If any disease or symptom of disease occurred in the acquired fish. White buoys of at least 12 inches in diameter must be placed around the whole of the perimeter of the developed areas within 14. Method of disposal of diseased or dead fish and the the site at a distance of no less than 50 m from one another. number disposed of. 15. Signature, date and telephone number. SCHEDULE 2 Item 1¾Permitted Species 16. Use of any chemicals for fish husbandry—type of chemical and quantity used, purpose and date of use. The Director of Fisheries has, pursuant to section 50 (2) of the Act, issued a permit for the release of the fish specified in this Schedule. FISHERIES ACT 1982 Pacific Oysters (Crassostrea gigas) MARINE MOLLUSC FARMING LICENCE FM00164 Item 2¾Permitted Farming Methods (PREVIOUS LICENCE NO. F1519) The Director of Fisheries has, pursuant to section 48G (2) of Licence to Farm Fish under section 53 of the Fisheries the Act, issued a permit to disturb the seabed for the purpose of Act 1982 installing the structures specified in this Schedule. WHEREAS the Director of Fisheries has, pursuant to section Longlines 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to Each unit must not exceed 100 m in length and 2 m in width, the undermentioned licensee to release the fish specified in and each unit must be at least 6 m from any other unit. Item 1 of Schedule 2 of this licence (‘the permitted species’) and, pursuant to section 48G (2) of the Act, the Director of Fisheries Item 3¾Stocking Rates has also issued a permit to disturb the seabed for the purpose of Oysters installing structures necessary for the licensed activity at the undermentioned site, the Minister for Primary Industries, Natural Size (mm) Number per Hectare Resources and Regional Development (‘the Minister’) hereby 3 2 500 000 grants to: 10 1 600 000 Andrew M. Dyer 20 1 100 000 16 Gawler Terrace 30 750 000 Port Lincoln S.A. 5606, 40 500 000 50 350 000 a non-exclusive licence to occupy and use the waters specified in 60 200 000 Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of 70 150 000 farming and taking the permitted species (‘the permitted use’) for 80 100 000 the period commencing on 1 January 1999 and ending, subject to any earlier termination under this licence, on 30 June 1999 (‘the SCHEDULE 3 term’) subject to the following terms and conditions: Item 1—Fees CONDITIONS OF THIS LICENCE $ 1. Licence Environmental Monitoring Program 1 at $20 each...... 20.00 SASQAP (Classified Area) 1 at $37 each ...... 37.00 The parties acknowledge and agree that: Base Licence Fee...... 328.00 1.1 the rights, powers and privileges granted to or vested in Fisheries Research and Development Corporation the licensee under this licence are contractual only and Levy...... 92.60 shall not create or vest in the licensee any estate, Total Annual Licence Fee ...... 477.60 interest or right of a proprietary nature in the site; and 2200 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

1.2 that, subject to section 53A of the Fisheries Act 1982, 9. Compliance With Relevant Laws this licence does not entitle the licensee to exclusive 9.1 the licensee must at all times comply with all laws, by- rights of entry to and occupation of the site and that laws or regulations in force which relate to the site or the rights granted by this licence are exercisable by the the activities conducted in the site and with all notices, licensee in common with any other occupiers of the site orders or requirements lawfully given or made by any from time to time. authority or authorities in respect of the site; 2. Marked-off Areas 9.2 in particular, without derogating from the general For the purposes of section 53A of the Fisheries Act 1982, the requirement under condition 9 of this licence: marked-off areas within the site is that area or those areas 9.2.1 the licensee must not do or permit to be done in marked-off or indicated in the manner set out in Item 2 of upon or about the site anything which in the Schedule 1 of this licence. opinion of the Minister would cause or contribute 3. Permitted Species to the degradation or pollution of any coastal The licensee: land or the surrounding marine environment; and 3.1 must not farm or introduce any species at the site other 9.2.2 in the event that the Minister is satisfied, on than the permitted species; and reasonable grounds, that the fish taken from the waters are not fit for human consumption or that 3.2 must not take any wild fish from the site except for consumption of fish taken from the waters could recreational purposes. present a danger to the health of the consumer, 4. Permitted Use the licensee must, in accordance with a written notice from the Minister, cease or suspend the The licensee must not use the site for any purpose other than conduct of the permitted use or else conduct the the permitted use. permitted use as directed within the notice. 5. Permitted Methods 10. Public Risk Liability The licensee: The licensee must at all times indemnify the Minister, his 5.1 must not stock the permitted species at a rate greater officers, employees, contractors and agents from and against all than that specified in Schedule 2 of this licence; claims, demands, actions, judgments, proceedings, damages, losses, costs, charges and expenses in respect of any loss of life, personal 5.2 must not use the anti-fouling chemical tributyltin (TBT) injury and/or damage to property caused or suffered in any on any equipment used at the site; manner in or about the site. 5.3 must not use any chemical or drug for either therapeutic 11. Release or prophylactic purpose except with the prior approval of the Minister; The licensee must use and keep the site at the risk in all things of the licensee and the licensee must release to the full extent 5.4 must apply the permitted farming methods set out in permitted by law the Minister, his agents, contractors and Item 2 of Schedule 2 of this licence. servants in the absence of any wilful act, omission, default or 5.5 must conduct an environmental monitoring program as neglect on their part from all claims and demands of every kind set out in Schedule 5 of this licence. resulting from any accident damage or injury to persons or property occurring at the site, including loss or damage to the 6. Marking and Maintaining the Site licensee’s fixtures or personal property of the licensee. The licensee: 12. Public Risk Insurance 6.1 must ensure that the site is maintained in a good, tidy The licensee shall at its own cost and expense during the term and safe condition to the satisfaction of the Minister; effect and keep in full force and effect in respect of the site and 6.2 must remove and lawfully dispose of any waste or debris the permitted use a policy of public risk insurance in the joint on the site as soon as is reasonably practicable and in names of the licensee and the Minister in which the limits of particular must comply with any guidelines issued from public risk shall not be less than the amount specified in Item 2 of time to time by the Minister in relation to the removal Schedule 3 of this licence, or such further amount as the Minister from the site of any unhealthy or dead fish; may from time to time reasonably require, as the amount which may be paid out in respect of any one single claim and a policy of 6.3 must maintain all buoys, crosses, and markers on the site insurance or copy thereof or a certificate of insurance shall be in good condition and in accordance with the colours produced by the licensee to the Minister on request in writing specified in Schedule 1 of this licence; and being made by the Minister for its production. 6.4 must mark the site boundary in accordance with the 13. Guarantee or Indemnity Scheme specifications in Schedule 1 of this licence. The licensee must either: 7. Site Inspection and Supervision 13.1 provide a guarantee from its bankers; or The licensee: 13.2 contribute to an indemnity scheme established for 7.1 must at all times permit the Minister, his employees, the aquaculture and fisheries industry and approved by agents or contractors or any employees, agents or the Minister, contractors of the Crown to enter the site for the purposes of inspecting the site, the sea floor and the to and in favour of and for the benefit of the Minister by way of flora and fauna on or in the vicinity of the site; and security for the due and punctual performance by the licensee of the terms and conditions of this licence and in particular the 7.2 must comply with all reasonable directions of any such obligations of the licensee to rehabilitate the site immediately person authorised by the Director of Fisheries to inspect prior to the expiration or sooner determination of the term of the conduct of the licensee’s activities at the site. this licence. Such guarantee or indemnity scheme must have 8. Fees and Returns effect from the date of commencement of the term. The licensee: 14. No Assignment 8.1 must pay to the Minister the licence fee in accordance The licensee acknowledges that this licence is personal and it with Item l of Schedule 3 of this licence; must not assign or sublet or deal in any other way with any 8.2 must on or before 31 January and 31 July during the interest in this licence. term, submit to the Minister a return supplying all of the information described in Schedule 4 of this licence. 22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2201

15. Default by Licensee and Termination 16.6 a reference to a statute shall include all statutes The Minister may terminate this licence immediately by notice amending, consolidating or replacing the statutes in writing served on the licensee if: referred to; 15.1 the licensee commits or permits any breach or 16.7 where two or more persons are named as licensees, default of the obligations imposed on the licensee by this licence shall bind the licensees jointly and each of this licence, and following the giving by the Minister them severally; and of written notice of such breach or default, the 16.8 time is of the essence in respect of any obligation licensee either fails to rectify such breach or default relating to time in this licence. within one calendar month of the date of such notice 17. Delegation (or earlier if the circumstances require) or fails to make diligent progress towards rectifying any such Any consent, notice, any consultation or any other thing breach which is incapable of rectification within the which is pursuant to the terms of this licence either required to be time so limited; or given, done or performed or which may be given, done or performed by the Minister may for the purposes of this licence be 15.2 the licensee commits or permits any further breach properly given, done or performed by any duly authorised agent or default of the obligations imposed on the licensee or employee of the Minister. by this licence for which the Minister has previously given notice in writing of such breach or default 18. Severance pursuant to paragraph 1 of condition 15.1 notwith- If any term or condition of this licence should be for any standing rectification of the previous breach or reason unlawful, void, invalid or unenforceable then the offending default; or term or condition shall be severed from this licence without 15.3 the licence fee referred to in condition 8 is unpaid affecting the validity or enforceability of the remainder of this for a period of 14 days after notice has been given to licence. the licensee that it is outstanding; or 19. Modification 15.4 if the licensee is a body corporate, any of the No variation of or addition to any provision of this licence following occur: shall be binding upon the Minister and the licensee unless such 15.4.1 the licensee is unable to pay its debts as and variation or addition is made in writing, signed by both the when they fall due or is otherwise insolvent; Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. 15.4.2 an order is made for the winding up or liquidation of the licensee; 20. Waiver 15.4.3 the licensee enters into a scheme of 20.1 A waiver of any provision of this licence by the arrangement, compromise, moratorium or Minister must both be in writing and be signed by the other form of composition with its creditors Minister or by persons duly authorised to execute such or any class of its creditors; a document on the Minister’s part. 15.4.4 a receiver, a manager or a receiver and 20.2 No waiver by the Minister of a breach of a term or manager, a company administrator or other condition contained in this licence shall operate as a insolvency administrator is appointed to the waiver of any breach of the same or any other term licensee; or or condition contained in this licence. 15.4.5 a mortgagee, chargee or other encum- 20.3 No forbearance, delay or indulgence by the Minister brancee is appointed over or takes in enforcing the provisions of this licence shall possession of or appoints an agent to take prejudice or restrict the rights of the Minister. possession of all or any of the licensee’s 21. Notices assets; or 21.1 Notices may be served by delivering the same 15.5 if the licensee is an individual, the licensee: personally, by mail or facsimile transmission and shall 15.5.1 becomes bankrupt or assigns its estate or be: enters into a deed of arrangement or other 21.1.1 in writing addressed to the General Manager, form of composition for the benefit of the Aquaculture Group, Primary Industries South licensee’s creditors; or Australia, 16th Floor, 25 Grenfell Street, 15.5.2 is convicted of an indictable offence. Adelaide, S.A. 5000 (in the case of the Minister) and to the address of the licensee Termination of this licence by the Minister shall be set out above (in the case of the licensee); without prejudice to any rights, remedies or actions that the Minister may have against the licensee in 21.1.2 signed by or on behalf of the sender or by a respect of any antecedent breach by the licensee of person duly authorised in that regard by the the terms and conditions contained in this licence. sender; 16. Interpretation 21.1.3 deemed to be duly served or made in the following circumstances: Subject to any inconsistency of subject or context, the following rules of construction shall be used in the interpretation (a) if delivered, upon delivery; of this licence: (b) if sending by mail, upon posting; 16.1 any word importing the plural includes the singular (c) if sent by facsimile transmission, upon and vice versa; the sender’s facsimile producing a 16.2 any wording importing a gender shall include all transmission report that the facsimile other genders; was satisfactorily sent in its entirety to the addressee’s facsimile number, 16.3 a reference to a body corporate shall include a natural person and vice versa; but if delivery is not made before 5 p.m. on any day it shall be deemed to be received at 16.4 a reference to a recital, party, clause, Schedule or 9 a.m. on the next day in that place. Annexure is a reference to a recital, party, clause, Schedule or Annexure of this licence; 21.2 The Minister and the licensee may each vary their address or facsimile number at any time by written 16.5 the captions, headings, section numbers and clause notice. numbers appearing in this licence are inserted only as a matter of convenience and in no way affect the construction of this licence; 2202 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

22. SASQAP [Co-ordinates of developed areas within the site to be provided 22.1 The licensee: by the licensee.] 22.1.1 must submit to the Manager, South White buoys of at least 12 inches in diameter must be placed Australian Shellfish Quality Assurance around the whole of the perimeter of the developed areas within Program (‘SASQAP’) for testing such the site at a distance of no less than 50 m from one another. sample as the Manager, SASQAP requires of SCHEDULE 2 the fish farmed at the site and specified in Item 1¾Permitted Species Item 1.1 of Schedule 2; The Director of Fisheries has, pursuant to section 50 (2) of the 22.1.2 must comply with all reasonable require- Act, issued a permit for the release of the fish specified in this ments of the Manager, SASQAP in relation Schedule. to such testing; and Blue Mussels (Mytilus edulis) 22.1.3 must obtain the written consent of the Manager, SASQAP, prior to making any of Item 1.1—Fish Subject to SASQAP Testing the fish farmed at the site and specified in Blue Mussels (Mytilus edulis) Item 1.1 of Schedule 2, available for human consumption. Item 2¾Permitted Farming Methods Granted on behalf of the Minister by Director of Fisheries, The Director of Fisheries has, pursuant to section 48G (2) of delegate of the Minister, on 2 April 1999. the Act, issued a permit to disturb the seabed for the purpose of installing the structures specified in this Schedule. G. MORGAN, Director of Fisheries Longlines The licensee hereby acknowledges and agrees to the terms and conditions of this licence. Each unit must not exceed 100 m in length and 2 m in width, and each unit must be at least 6 m from any other unit. Signed by the said A. M. DYER Item 3¾Stocking Rates In the presence of: N. DYER, Witness Mussels SCHEDULE 1 Size (mm) Number per Hectare Item 1—The Site 3 30 000 000 Area applicable to this licence: 10 20 000 000 Licensed Area Licensed 20 16 000 000 Hectares 30 13 000 000 Zone 53 40 6 000 000 50 4 000 000 586600E 6154700N 135°56¢45² -34°44¢45² 3.5 60 2 000 000 587806E 6154924N 135°57¢33² -34°44¢38² 70 1 500 000 588032E 6154700N 135°57¢42² -34°44¢45² 80 1 000 000 587822E 6154477N 135°57¢34² -34°44¢52² 90 750 000 All structures, equipment, buoys and flotations (except for that 100 500 000 required by the Department for Transport, Urban Planning and SCHEDULE 3 the Arts) must be black, dark grey, dark blue, dark brown, or dark green coloured materials. Item 1—Fees The boundary of the site to be marked either with: $ Base Licence Fee ...... 164.00 (a) (1) At the corners with posts extending 900 mm above SASQAP (Under Classification) ...... 657.14 mean high water springs. Such posts to be marked with a St Andrews cross, each cross arm measuring Total Annual Licence Fee...... 821.14 900 mm from tip to tip, minimum width 75 mm. Item 2—Public Risk Insurance (2) Posts to be not less than 125 mm in diameter. Five million dollars ($5 000 000). (3) Posts and crosses to be painted yellow. SCHEDULE 4 (4) The ends of each cross to be marked with a Returns 200 mm strip of yellow retro-reflective tape. The licensee must submit the following information to the (5) Between the corner posts at intervals not exceeding Minister, c/o General Manager, Aquaculture Group, Primary 50 m, buoys not less than 300 mm in diameter. Industries South Australia, 16th Floor, 25 Grenfell Street, (6) All buoys, posts, crosses and markers must be Adelaide, S.A. 5000 on or before 31 January and 31 July during maintained in good condition. the term of this licence: or 1. Name of licensee. (b) (1) At each corner, yellow spar buoys with a St 2. Address of licensee. Andrews cross as a top mark placed at least 3. Species of fish farmed and held on the site. 900 mm above the buoy, cross arms 900 mm long x 75 mm wide. 4. Location of aquaculture operation. (2) At distances not exceeding 50 m between the 5. Period covered by return. corner spar buoys, yellow spherical buoys not less 6. Number of life stage of each species of fish held. than 300 mm in diameter. 7. Number, weight and value of each species of fish held. (3) The buoys and topmarks must all be coloured yellow and marked with a yellow retro-reflective as 8. Details of any disease detected in any fish kept. in (a) (4). 9. Source (whether interstate or intrastate) of any stock (4) All buoys, posts, crosses and markers must be acquired and date of acquisition (if relevant, include name maintained in good condition. of authority that provided certification that stock was free from disease). When the site is in navigable water and possible danger to navigation, lights must be placed on the top of each St Andrews 10. If any fish were brought into the state, the number of cross that is located at each corner of the site and these lights fish and the life stage of the fish. must be yellow in colour and flashing once every 4 seconds and 11. If fish were brought into the state, the purpose for which visible over an arc of 360 degrees for a distance of at least one they were brought in. mile. 12. Method of disposal of water and packaging use for Item 2—Marked-Off Areas transporting the fish. 22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2203

13. If any disease or symptom of disease occurred in the 4. Permitted Use acquired fish. The licensee must not use the site for any purpose other than 14. Method of disposal of diseased or dead fish and the the permitted use. number disposed of. 5. Permitted Methods 15. Signature, date and telephone number. The licensee: 16. Use of any chemicals for fish husbandry—type of 5.1 must not stock the permitted species at a rate greater chemical and quantity used, purpose and date of use. than that specified in Schedule 2 of this licence; SCHEDULE 5 5.2 must not use the anti-fouling chemical tributyltin (TBT) Approved Environmental Monitoring Program on any equipment used at the site; An Environmental Monitoring Program for the site must 5.3 must not use any chemical or drug for either therapeutic comply with the general requirements for environmental or prophylactic purpose except with the prior approval monitoring specified in the notes to the Decision Notification of the Minister; Form issued for the site under Regulation 42 of the Development 5.4 must apply the permitted farming methods set out in Regulations 1993. Item 2 of Schedule 2 of this licence. The licensee must submit a draft Environmental Monitoring 5.5 must conduct an environmental monitoring program as Program in writing to the General Manager Aquaculture within 60 set out in Schedule 5 of this licence. days after the grant of the licence by the Minister. 6. Marking and Maintaining the Site The licensee: FISHERIES ACT 1982 6.1 must ensure that the site is maintained in a good, tidy MARINE MOLLUSC FARMING LICENCE FM00242 and safe condition to the satisfaction of the Minister; (PREVIOUS LICENCE NO. F1553) 6.2 must remove and lawfully dispose of any waste or debris Licence to Farm Fish under section 53 of the Fisheries on the site as soon as is reasonably practicable and in Act 1982 particular must comply with any guidelines issued from time to time by the Minister in relation to the removal WHEREAS the Director of Fisheries has, pursuant to section from the site of any unhealthy or dead fish; 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to the undermentioned licensee to release the fish specified in 6.3 must maintain all buoys, crosses, and markers on the site Item 1 of Schedule 2 of this licence (‘the permitted species’) and, in good condition and in accordance with the colours pursuant to section 48G (2) of the Act, the Director of Fisheries specified in Schedule 1 of this licence; and has also issued a permit to disturb the seabed for the purpose of 6.4 must mark the site boundary in accordance with the installing structures necessary for the licensed activity at the specifications in Schedule 1 of this licence. undermentioned site, the Minister for Primary Industries, Natural Resources and Regional Development (‘the Minister’) hereby 7. Site Inspection and Supervision grants to: The licensee: Alistair Smart 7.1 must at all times permit the Minister, his employees, 29 Hall Street agents or contractors or any employees, agents or Port Lincoln S.A. 5606, contractors of the Crown to enter the site for the a non-exclusive licence to occupy and use the waters specified in purposes of inspecting the site, the sea floor and the Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of flora and fauna on or in the vicinity of the site; and farming and taking the permitted species (‘the permitted use’) for 7.2 must comply with all reasonable directions of any such the period commencing on 1 July 1998 and ending, subject to any person authorised by the Director of Fisheries to inspect earlier termination under this licence, on 30 June 1999 (‘the the conduct of the licensee’s activities at the site. term’) subject to the following terms and conditions: 8. Fees and Returns CONDITIONS OF THIS LICENCE The licensee: 1. Licence 8.1 must pay to the Minister the licence fee in accordance The parties acknowledge and agree that: with Item l of Schedule 3 of this licence; 1.1 the rights, powers and privileges granted to or vested in 8.2 must on or before 31 January and 31 July during the the licensee under this licence are contractual only and term, submit to the Minister a return supplying all of shall not create or vest in the licensee any estate, the information described in Schedule 4 of this licence. interest or right of a proprietary nature in the site; and 9. Compliance With Relevant Laws 1.2 that, subject to section 53A of the Fisheries Act 1982, this licence does not entitle the licensee to exclusive 9.1 the licensee must at all times comply with all laws, by- rights of entry to and occupation of the site and that laws or regulations in force which relate to the site or the rights granted by this licence are exercisable by the the activities conducted in the site and with all notices, licensee in common with any other occupiers of the site orders or requirements lawfully given or made by any from time to time. authority or authorities in respect of the site; 2. Marked-off Areas 9.2 in particular, without derogating from the general requirement under condition 9 of this licence: For the purposes of section 53A of the Fisheries Act 1982, the marked-off areas within the site is that area or those areas 9.2.1 the licensee must not do or permit to be done in marked-off or indicated in the manner set out in Item 2 of upon or about the site anything which in the Schedule 1 of this licence. opinion of the Minister would cause or contribute to the degradation or pollution of any coastal 3. Permitted Species land or the surrounding marine environment; and The licensee: 9.2.2 in the event that the Minister is satisfied, on 3.1 must not farm or introduce any species at the site other reasonable grounds, that the fish taken from the than the permitted species; and waters are not fit for human consumption or that consumption of fish taken from the waters could 3.2 must not take any wild fish from the site except for present a danger to the health of the consumer, recreational purposes. the licensee must, in accordance with a written notice from the Minister, cease or suspend the conduct of the permitted use or else conduct the permitted use as directed within the notice. 2204 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

10. Public Risk Liability 15.4.3 the licensee enters into a scheme of The licensee must at all times indemnify the Minister, his arrangement, compromise, moratorium or officers, employees, contractors and agents from and against all other form of composition with its creditors claims, demands, actions, judgments, proceedings, damages, losses, or any class of its creditors; costs, charges and expenses in respect of any loss of life, personal 15.4.4 a receiver, a manager or a receiver and injury and/or damage to property caused or suffered in any manager, a company administrator or other manner in or about the site. insolvency administrator is appointed to the 11. Release licensee; or The licensee must use and keep the site at the risk in all things 15.4.5 a mortgagee, chargee or other encum- of the licensee and the licensee must release to the full extent brancee is appointed over or takes permitted by law the Minister, his agents, contractors and possession of or appoints an agent to take servants in the absence of any wilful act, omission, default or possession of all or any of the licensee’s neglect on their part from all claims and demands of every kind assets; or resulting from any accident damage or injury to persons or 15.5 if the licensee is an individual, the licensee: property occurring at the site, including loss or damage to the 15.5.1 becomes bankrupt or assigns its estate or licensee’s fixtures or personal property of the licensee. enters into a deed of arrangement or other 12. Public Risk Insurance form of composition for the benefit of the The licensee shall at its own cost and expense during the term licensee’s creditors; or effect and keep in full force and effect in respect of the site and 15.5.2 is convicted of an indictable offence. the permitted use a policy of public risk insurance in the joint Termination of this licence by the Minister shall be names of the licensee and the Minister in which the limits of without prejudice to any rights, remedies or actions public risk shall not be less than the amount specified in Item 2 of that the Minister may have against the licensee in Schedule 3 of this licence, or such further amount as the Minister respect of any antecedent breach by the licensee of may from time to time reasonably require, as the amount which the terms and conditions contained in this licence. may be paid out in respect of any one single claim and a policy of insurance or copy thereof or a certificate of insurance shall be 16. Interpretation produced by the licensee to the Minister on request in writing Subject to any inconsistency of subject or context, the being made by the Minister for its production. following rules of construction shall be used in the interpretation 13. Guarantee or Indemnity Scheme of this licence: The licensee must either: 16.1 any word importing the plural includes the singular and vice versa; 13.1 provide a guarantee from its bankers; or 16.2 any wording importing a gender shall include all 13.2 contribute to an indemnity scheme established for other genders; the aquaculture and fisheries industry and approved by the Minister, 16.3 a reference to a body corporate shall include a natural person and vice versa; to and in favour of and for the benefit of the Minister by way of security for the due and punctual performance by the licensee of 16.4 a reference to a recital, party, clause, Schedule or the terms and conditions of this licence and in particular the Annexure is a reference to a recital, party, clause, obligations of the licensee to rehabilitate the site immediately Schedule or Annexure of this licence; prior to the expiration or sooner determination of the term of 16.5 the captions, headings, section numbers and clause this licence. Such guarantee or indemnity scheme must have numbers appearing in this licence are inserted only as effect from the date of commencement of the term. a matter of convenience and in no way affect the 14. No Assignment construction of this licence; The licensee acknowledges that this licence is personal and it 16.6 a reference to a statute shall include all statutes must not assign or sublet or deal in any other way with any amending, consolidating or replacing the statutes interest in this licence. referred to; 15. Default by Licensee and Termination 16.7 where two or more persons are named as licensees, this licence shall bind the licensees jointly and each of The Minister may terminate this licence immediately by notice them severally; and in writing served on the licensee if: 16.8 time is of the essence in respect of any obligation 15.1 the licensee commits or permits any breach or relating to time in this licence. default of the obligations imposed on the licensee by this licence, and following the giving by the Minister 17. Delegation of written notice of such breach or default, the Any consent, notice, any consultation or any other thing licensee either fails to rectify such breach or default which is pursuant to the terms of this licence either required to be within one calendar month of the date of such notice given, done or performed or which may be given, done or (or earlier if the circumstances require) or fails to performed by the Minister may for the purposes of this licence be make diligent progress towards rectifying any such properly given, done or performed by any duly authorised agent breach which is incapable of rectification within the or employee of the Minister. time so limited; or 18. Severance 15.2 the licensee commits or permits any further breach or default of the obligations imposed on the licensee If any term or condition of this licence should be for any by this licence for which the Minister has previously reason unlawful, void, invalid or unenforceable then the offending given notice in writing of such breach or default term or condition shall be severed from this licence without pursuant to paragraph 1 of condition 15.1 notwith- affecting the validity or enforceability of the remainder of this standing rectification of the previous breach or licence. default; or 19. Modification 15.3 the licence fee referred to in condition 8 is unpaid No variation of or addition to any provision of this licence for a period of 14 days after notice has been given to shall be binding upon the Minister and the licensee unless such the licensee that it is outstanding; or variation or addition is made in writing, signed by both the 15.4 if the licensee is a body corporate, any of the Minister and the licensee and expressed to be either supplemental following occur: to or in substitution for the whole or a part of this licence. 15.4.1 the licensee is unable to pay its debts as and when they fall due or is otherwise insolvent; 15.4.2 an order is made for the winding up or liquidation of the licensee; 22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2205

20. Waiver SCHEDULE 1 20.1 A waiver of any provision of this licence by the Item 1—The Site Minister must both be in writing and be signed by the Area applicable to this licence: Minister or by persons duly authorised to execute such a document on the Minister’s part. Licensed Area Licensed Hectare 20.2 No waiver by the Minister of a breach of a term or Zone 53 condition contained in this licence shall operate as a waiver of any breach of the same or any other term 581000E 6151100N 135°53¢06² -34°46¢44² 1 or condition contained in this licence. 581000E 6151000N 135°53¢06² -34°46¢47² 580900E 6151000N 135°53¢03² -34°46¢47² 20.3 No forbearance, delay or indulgence by the Minister 580900E 6151100N 135°53¢03² -34°46¢44² in enforcing the provisions of this licence shall prejudice or restrict the rights of the Minister. All structures, equipment, buoys and flotations (except for that required by the Department for Transport, Urban Planning and 21. Notices the Arts) must be black, dark grey, dark blue, dark brown, or dark 21.1 Notices may be served by delivering the same green coloured materials. personally, by mail or facsimile transmission and shall The boundary of the site to be marked either with: be: (a) (1) At the corners with posts extending 900 mm above 21.1.1 in writing addressed to the Director of mean high water springs. Such posts to be marked Fisheries, PIRSA, 16th Floor, 25 Grenfell with a St Andrews cross, each cross arm measuring Street, Adelaide, S.A. 5000 (in the case of 900 mm from tip to tip, minimum width 75 mm. the Minister) and to the address of the licensee set out above (in the case of the (2) Posts to be not less than 125 mm in diameter. licensee); (3) Posts and crosses to be painted yellow. 21.1.2 signed by or on behalf of the sender or by a (4) The ends of each cross to be marked with a person duly authorised in that regard by the 200 mm strip of yellow retro-reflective tape. sender; (5) Between the corner posts at intervals not exceeding 21.1.3 deemed to be duly served or made in the 50 m, buoys not less than 300 mm in diameter. following circumstances: (6) All buoys, posts, crosses and markers must be (a) if delivered, upon delivery; maintained in good condition. (b) if sending by mail, upon posting; or (c) if sent by facsimile transmission, upon (b) (1) At each corner, yellow spar buoys with a St the sender’s facsimile producing a Andrews cross as a top mark placed at least transmission report that the facsimile 900 mm above the buoy, cross arms 900 mm long x was satisfactorily sent in its entirety to 75 mm wide. the addressee’s facsimile number, (2) At distances not exceeding 50 m between the but if delivery is not made before 5 p.m. on corner spar buoys, yellow spherical buoys not less any day it shall be deemed to be received at than 300 mm in diameter. 9 a.m. on the next day in that place. (3) The buoys and topmarks must all be coloured 21.2 The Minister and the licensee may each vary their yellow and marked with a yellow retro-reflective as address or facsimile number at any time by written in (a) (4). notice. (4) All buoys, posts, crosses and markers must be 22. SASQAP maintained in good condition. 22.1 The licensee: When the site is in navigable water and possible danger to 22.1.1 must submit to the Manager, South navigation, lights must be placed on the top of each St Andrews Australian Shellfish Quality Assurance cross that is located at each corner of the site and these lights Program (‘SASQAP’) for testing such must be yellow in colour and flashing once every 4 seconds and sample as the Manager, SASQAP requires of visible over an arc of 360 degrees for a distance of at least one the fish farmed at the site and specified in mile. Item 1.1 of Schedule 2; Item 2—Marked-Off Areas 22.1.2 must comply with all reasonable require- [Co-ordinates of developed areas within the site to be provided ments of the Manager, SASQAP in relation by the licensee.] to such testing; and White buoys of at least 12 inches in diameter must be placed 22.1.3 must obtain the written consent of the around the whole of the perimeter of the developed areas within Manager, SASQAP, prior to making any of the site at a distance of no less than 50 m from one another. the fish farmed at the site and specified in Item 1.1 of Schedule 2, available for human SCHEDULE 2 consumption. Item 1¾Permitted Species Granted on behalf of the Minister by Director of Fisheries, The Director of Fisheries has, pursuant to section 50 (2) of the delegate of the Minister, on 2 April 1999. Act, issued a permit for the release of the fish specified in this G. MORGAN, Director of Fisheries Schedule. The licensee hereby acknowledges and agrees to the terms and Blue Mussels (Mytilus edulis) conditions of this licence. Item 1.1—Fish Subject to SASQAP Testing Signed by the said A. SMART Blue Mussels (Mytilus edulis) In the presence of: P. MAWBY, Witness 2206 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

Item 2¾Permitted Farming Methods SCHEDULE 5 The Director of Fisheries has, pursuant to section 48G (2) of Approved Environmental Monitoring Program the Act, issued a permit to disturb the seabed for the purpose of installing the structures specified in this Schedule. An Environmental Monitoring Program for the site must comply with the general requirements for environmental Longlines monitoring specified in the notes to the Decision Notification Each unit must not exceed 100 m in length and 2 m in width, Form issued for the site under Regulation 42 of the Development and each unit must be at least 6 m from any other unit. Regulations 1993. Item 3¾Stocking Rates The licensee must submit a draft Environmental Monitoring Program in writing to the General Manager Aquaculture within 60 Mussels days after the grant of the licence by the Minister. Size (mm) Number per Hectare 3 30 000 000 10 20 000 000 FISHERIES ACT 1982: SECTION 53 20 16 000 000 TAKE note that the licence to farm fish made under section 53 30 13 000 000 of the Fisheries Act 1982 and published in the South Australian 40 6 000 000 Government Gazette, dated 18 February 1999, on page 1099, 50 4 000 000 being the second notice on that page, through to page 1102 and 60 2 000 000 referring to Jeremy Boot is hereby revoked. 70 1 500 000 80 1 000 000 Dated 16 April 1999. 90 750 000 G. MORGAN, Director of Fisheries 100 500 000 SCHEDULE 3 Item 1—Fees FISHERIES ACT 1982 $ MARINE MOLLUSC FARMING LICENCE FM00171 Base Licence Fee...... 328.00 (PREVIOUS LICENCE NO. F1574) SASQAP (Under Classification)...... 657.14 Licence to Farm Fish under section 53 of the Fisheries Total Annual Licence Fee ...... 985.14 Act 1982 Item 2—Public Risk Insurance WHEREAS the Director of Fisheries has, pursuant to section 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to Five million dollars ($5 000 000). the undermentioned licensee to release the fish specified in SCHEDULE 4 Item 1 of Schedule 2 of this licence (‘the permitted species’) and, Returns pursuant to section 48G (2) of the Act, the Director of Fisheries has also issued a permit to disturb the seabed for the purpose of The licensee must submit the following information to the installing structures necessary for the licensed activity at the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 undermentioned site, the Minister for Primary Industries, Natural Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and Resources and Regional Development (‘the Minister’) hereby 31 July during the term of this licence: grants to: 1. Name of licensee. Jeremy Boot 2. Address of licensee. Unit 1, 59 Walkers Road 3. Species of fish farmed and held on the site. Somerton Park, S.A. 5044, 4. Location of aquaculture operation. a non-exclusive licence to occupy and use the waters specified in Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of 5. Period covered by return. farming and taking the permitted species (‘the permitted use’) for 6. Number of life stage of each species of fish held. the period commencing on 23 December 1998 and ending, subject 7. Number, weight and value of each species of fish held. to any earlier termination under this licence, on 30 June 1999 (‘the term’) subject to the following terms and conditions: 8. Details of any disease detected in any fish kept. CONDITIONS OF THIS LICENCE 9. Source (whether interstate or intrastate) of any stock 1. Licence acquired and date of acquisition (if relevant, include name of authority that provided certification that stock was The parties acknowledge and agree that: free from disease). 1.1 the rights, powers and privileges granted to or vested in 10. If any fish were brought into the state, the number of the licensee under this licence are contractual only and fish and the life stage of the fish. shall not create or vest in the licensee any estate, interest or right of a proprietary nature in the site; and 11. If fish were brought into the state, the purpose for which they were brought in. 1.2 that, subject to section 53A of the Fisheries Act 1982, 12. Method of disposal of water and packaging use for this licence does not entitle the licensee to exclusive transporting the fish. rights of entry to and occupation of the site and that the rights granted by this licence are exercisable by the 13. If any disease or symptom of disease occurred in the licensee in common with any other occupiers of the site acquired fish. from time to time. 14. Method of disposal of diseased or dead fish and the 2. Marked-off Areas number disposed of. For the purposes of section 53A of the Fisheries Act 1982, the 15. Signature, date and telephone number. marked-off areas within the site is that area or those areas 16. Use of any chemicals for fish husbandry—type of marked-off or indicated in the manner set out in Item 2 of chemical and quantity used, purpose and date of use. Schedule 1 of this licence. 22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2207

3. Permitted Species 9.2.2 in the event that the Minister is satisfied, on The licensee: reasonable grounds, that the fish taken from the waters are not fit for human consumption or that 3.1 must not farm or introduce any species at the site other consumption of fish taken from the waters could than the permitted species; and present a danger to the health of the consumer, 3.2 must not take any wild fish from the site except for the licensee must, in accordance with a written recreational purposes. notice from the Minister, cease or suspend the conduct of the permitted use or else conduct the 4. Permitted Use permitted use as directed within the notice. The licensee must not use the site for any purpose other than 10. Public Risk Liability the permitted use. The licensee must at all times indemnify the Minister, his 5. Permitted Methods officers, employees, contractors and agents from and against all The licensee: claims, demands, actions, judgments, proceedings, damages, losses, costs, charges and expenses in respect of any loss of life, personal 5.1 must not stock the permitted species at a rate greater injury and/or damage to property caused or suffered in any than that specified in Schedule 2 of this licence; manner in or about the site. 5.2 must not use the anti-fouling chemical tributyltin (TBT) 11. Release on any equipment used at the site; The licensee must use and keep the site at the risk in all things 5.3 must not use any chemical or drug for either therapeutic of the licensee and the licensee must release to the full extent or prophylactic purpose except with the prior approval permitted by law the Minister, his agents, contractors and of the Minister; servants in the absence of any wilful act, omission, default or neglect on their part from all claims and demands of every kind 5.4 must apply the permitted farming methods set out in resulting from any accident damage or injury to persons or Item 2 of Schedule 2 of this licence. property occurring at the site, including loss or damage to the 6. Marking and Maintaining the Site licensee’s fixtures or personal property of the licensee. The licensee: 12. Public Risk Insurance 6.1 must ensure that the site is maintained in a good, tidy The licensee shall at its own cost and expense during the term and safe condition to the satisfaction of the Minister; effect and keep in full force and effect in respect of the site and the permitted use a policy of public risk insurance in the joint 6.2 must remove and lawfully dispose of any waste or debris names of the licensee and the Minister in which the limits of on the site as soon as is reasonably practicable and in public risk shall not be less than the amount specified in Item 2 of particular must comply with any guidelines issued from Schedule 3 of this licence, or such further amount as the Minister time to time by the Minister in relation to the removal may from time to time reasonably require, as the amount which from the site of any unhealthy or dead fish; may be paid out in respect of any one single claim and a policy of 6.3 must maintain all buoys, crosses, and markers on the site insurance or copy thereof or a certificate of insurance shall be in good condition and in accordance with the colours produced by the licensee to the Minister on request in writing specified in Schedule 1 of this licence; and being made by the Minister for its production. 6.4 must mark the site boundary in accordance with the 13. Guarantee or Indemnity Scheme specifications in Schedule 1 of this licence. The licensee must either: 7. Site Inspection and Supervision 13.1 provide a guarantee from its bankers; or The licensee: 13.2 contribute to an indemnity scheme established for 7.1 must at all times permit the Minister, his employees, the aquaculture and fisheries industry and approved by agents or contractors or any employees, agents or the Minister, contractors of the Crown to enter the site for the to and in favour of and for the benefit of the Minister by way of purposes of inspecting the site, the sea floor and the security for the due and punctual performance by the licensee of flora and fauna on or in the vicinity of the site; and the terms and conditions of this licence and in particular the obligations of the licensee to rehabilitate the site immediately 7.2 must comply with all reasonable directions of any such prior to the expiration or sooner determination of the term of person authorised by the Director of Fisheries to inspect this licence. Such guarantee or indemnity scheme must have the conduct of the licensee’s activities at the site. effect from the date of commencement of the term. 8. Fees and Returns 14. No Assignment The licensee: The licensee acknowledges that this licence is personal and it 8.1 must pay to the Minister the licence fee in accordance must not assign or sublet or deal in any other way with any with Item l of Schedule 3 of this licence; interest in this licence. 8.2 must on or before 31 January and 31 July during the 15. Default by Licensee and Termination term, submit to the Minister a return supplying all of The Minister may terminate this licence immediately by notice the information described in Schedule 4 of this licence. in writing served on the licensee if: 9. Compliance With Relevant Laws 15.1 the licensee commits or permits any breach or 9.1 the licensee must at all times comply with all laws, by- default of the obligations imposed on the licensee by laws or regulations in force which relate to the site or this licence, and following the giving by the Minister the activities conducted in the site and with all notices, of written notice of such breach or default, the orders or requirements lawfully given or made by any licensee either fails to rectify such breach or default authority or authorities in respect of the site; within one calendar month of the date of such notice (or earlier if the circumstances require) or fails to 9.2 in particular, without derogating from the general make diligent progress towards rectifying any such requirement under condition 9 of this licence: breach which is incapable of rectification within the 9.2.1 the licensee must not do or permit to be done in time so limited; or upon or about the site anything which in the 15.2 the licensee commits or permits any further breach opinion of the Minister would cause or contribute or default of the obligations imposed on the licensee to the degradation or pollution of any coastal by this licence for which the Minister has previously land or the surrounding marine environment; and given notice in writing of such breach or default pursuant to paragraph 1 of condition 15.1 notwith- standing rectification of the previous breach or default; or 15.3 the licence fee referred to in condition 8 is unpaid for a period of 14 days after notice has been given to the licensee that it is outstanding; or 2208 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

15.4 if the licensee is a body corporate, any of the 19. Modification following occur: No variation of or addition to any provision of this licence 15.4.1 the licensee is unable to pay its debts as and shall be binding upon the Minister and the licensee unless such when they fall due or is otherwise insolvent; variation or addition is made in writing, signed by both the 15.4.2 an order is made for the winding up or Minister and the licensee and expressed to be either supplemental liquidation of the licensee; to or in substitution for the whole or a part of this licence. 15.4.3 the licensee enters into a scheme of 20. Waiver arrangement, compromise, moratorium or 20.1 A waiver of any provision of this licence by the other form of composition with its creditors Minister must both be in writing and be signed by the or any class of its creditors; Minister or by persons duly authorised to execute such 15.4.4 a receiver, a manager or a receiver and a document on the Minister’s part. manager, a company administrator or other 20.2 No waiver by the Minister of a breach of a term or insolvency administrator is appointed to the condition contained in this licence shall operate as a licensee; or waiver of any breach of the same or any other term 15.4.5 a mortgagee, chargee or other encum- or condition contained in this licence. brancee is appointed over or takes 20.3 No forbearance, delay or indulgence by the Minister possession of or appoints an agent to take in enforcing the provisions of this licence shall possession of all or any of the licensee’s prejudice or restrict the rights of the Minister. assets; or 21. Notices 15.5 if the licensee is an individual, the licensee: 21.1 Notices may be served by delivering the same 15.5.1 becomes bankrupt or assigns its estate or personally, by mail or facsimile transmission and shall enters into a deed of arrangement or other be: form of composition for the benefit of the 21.1.1 in writing addressed to the Director of licensee’s creditors; or Fisheries, PIRSA, 16th Floor, 25 Grenfell 15.5.2 is convicted of an indictable offence. Street, Adelaide, S.A. 5000 (in the case of Termination of this licence by the Minister shall be the Minister) and to the address of the without prejudice to any rights, remedies or actions licensee set out above (in the case of the that the Minister may have against the licensee in licensee); respect of any antecedent breach by the licensee of 21.1.2 signed by or on behalf of the sender or by a the terms and conditions contained in this licence. person duly authorised in that regard by the 16. Interpretation sender; Subject to any inconsistency of subject or context, the 21.1.3 deemed to be duly served or made in the following rules of construction shall be used in the interpretation following circumstances: of this licence: (a) if delivered, upon delivery; 16.1 any word importing the plural includes the singular (b) if sending by mail, upon posting; and vice versa; (c) if sent by facsimile transmission, upon 16.2 any wording importing a gender shall include all the sender’s facsimile producing a other genders; transmission report that the facsimile 16.3 a reference to a body corporate shall include a was satisfactorily sent in its entirety to natural person and vice versa; the addressee’s facsimile number, 16.4 a reference to a recital, party, clause, Schedule or but if delivery is not made before 5 p.m. on Annexure is a reference to a recital, party, clause, any day it shall be deemed to be received at Schedule or Annexure of this licence; 9 a.m. on the next day in that place. 16.5 the captions, headings, section numbers and clause 21.2 The Minister and the licensee may each vary their numbers appearing in this licence are inserted only as address or facsimile number at any time by written a matter of convenience and in no way affect the notice. construction of this licence; Granted on behalf of the Minister by Director of Fisheries, 16.6 a reference to a statute shall include all statutes delegate of the Minister, on 16 April 1999. amending, consolidating or replacing the statutes G. MORGAN, Director of Fisheries referred to; The licensee hereby acknowledges and agrees to the terms and 16.7 where two or more persons are named as licensees, conditions of this licence. this licence shall bind the licensees jointly and each of Signed by the said J. BOOT them severally; and In the presence of: B. HARDING, Witness 16.8 time is of the essence in respect of any obligation relating to time in this licence. SCHEDULE 1 17. Delegation Item 1—The Site Any consent, notice, any consultation or any other thing Area applicable to this licence: which is pursuant to the terms of this licence either required to be given, done or performed or which may be given, done or Licensed Area Licensed performed by the Minister may for the purposes of this licence be Hectares properly given, done or performed by any duly authorised agent Zone 53 or employee of the Minister. 751802E 6037551N 137°47¢07² -35°46¢25² 10 751991E 6037401N 137°47¢15² -35°46¢30² 18. Severance 752223E 6037632N 137°47¢24² -35°46¢22² If any term or condition of this licence should be for any 751975E 6037872N 137°47¢14² -35°46¢14² reason unlawful, void, invalid or unenforceable then the offending All structures, equipment, buoys and flotations (except for that term or condition shall be severed from this licence without required by the Department for Transport, Urban Planning and affecting the validity or enforceability of the remainder of this the Arts) must be black, dark grey, dark blue, dark brown, or dark licence. green coloured materials. 22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2209

The boundary of the site to be marked either with: Scallops (a) (1) At the corners with posts extending 900 mm above Size (mm) Number per Hectare mean high water springs. Such posts to be marked 3 30 000 000 with a St Andrews cross, each cross arm measuring 10 20 000 000 900 mm from tip to tip, minimum width 75 mm. 20 16 000 000 (2) Posts to be not less than 125 mm in diameter. 30 13 000 000 40 6 000 000 (3) Posts and crosses to be painted yellow. 50 4 000 000 (4) The ends of each cross to be marked with a 60 2 000 000 200 mm strip of yellow retro-reflective tape. 70 1 500 000 80 1 000 000 (5) Between the corner posts at intervals not exceeding 90 750 000 50 m, buoys not less than 300 mm in diameter. 100 500 000 (6) All buoys, posts, crosses and markers must be SCHEDULE 3 maintained in good condition. Item 1—Fees or $ (b) (1) At each corner, yellow spar buoys with a St Environmental Monitoring Program 10 at $20 each ..... 200.00 Andrews cross as a top mark placed at least SASQAP (Classified Area) 10 at $37 each...... 370.00 900 mm above the buoy, cross arms 900 mm long x Base Licence Fee ...... 328.00 75 mm wide. Fisheries Research and Development Corporation (2) At distances not exceeding 50 m between the Levy ...... 92.60 corner spar buoys, yellow spherical buoys not less Total Annual Licence Fee...... 990.60 than 300 mm in diameter. Item 2—Public Risk Insurance (3) The buoys and topmarks must all be coloured yellow and marked with a yellow retro-reflective as Five million dollars ($5 000 000). in (a) (4). SCHEDULE 4 (4) All buoys, posts, crosses and markers must be Returns maintained in good condition. The licensee must submit the following information to the When the site is in navigable water and possible danger to Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 navigation, lights must be placed on the top of each St Andrews Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and cross that is located at each corner of the site and these lights 31 July during the term of this licence: must be yellow in colour and flashing once every 4 seconds and visible over an arc of 360 degrees for a distance of at least one 1. Name of licensee. mile. 2. Address of licensee. Item 2—Marked-Off Areas 3. Species of fish farmed and held on the site. [Co-ordinates of developed areas within the site to be provided 4. Location of aquaculture operation. by the licensee.] 5. Period covered by return. White buoys of at least 12 inches in diameter must be placed around the whole of the perimeter of the developed areas within 6. Number of life stage of each species of fish held. the site at a distance of no less than 50 m from one another. 7. Number, weight and value of each species of fish held. SCHEDULE 2 8. Details of any disease detected in any fish kept. Item 1¾Permitted Species 9. Source (whether interstate or intrastate) of any stock The Director of Fisheries has, pursuant to section 50 (2) of the acquired and date of acquisition (if relevant, include name Act, issued a permit for the release of the fish specified in this of authority that provided certification that stock was Schedule. free from disease). Native Oysters (Ostrea angasi) 10. If any fish were brought into the state, the number of fish and the life stage of the fish. Pacific Oysters (Crassostrea angasi) 11. If fish were brought into the state, the purpose for which Scallops (Queen) (Equichlamys bifrons) they were brought in. Scallops (Dough Boy) (Chlamys asperrimus) 12. Method of disposal of water and packaging use for Item 2¾Permitted Farming Methods transporting the fish. The Director of Fisheries has, pursuant to section 48G (2) of 13. If any disease or symptom of disease occurred in the the Act, issued a permit to disturb the seabed for the purpose of acquired fish. installing the structures specified in this Schedule. 14. Method of disposal of diseased or dead fish and the Racks number disposed of. Longlines 15. Signature, date and telephone number. Each unit must not exceed 100 m in length and 2 m in width, 16. Use of any chemicals for fish husbandry—type of and each unit must be at least 6 m from any other unit. chemical and quantity used, purpose and date of use. Item 3¾Stocking Rates

Oysters Size (mm) Number per Hectare FISHERIES ACT 1982: SECTION 53 3 2 500 000 TAKE note that the licence to farm fish made under section 53 10 1 600 000 of the Fisheries Act 1982 and published in the South Australian 20 1 100 000 Government Gazette, dated 18 February 1999, on page 1106, 30 750 000 being the second notice on that page, through to page 1109 and 40 500 000 referring to Jeremy Boot is hereby revoked. 50 350 000 Dated 16 April 1999. 60 200 000 70 150 000 G. MORGAN, Director of Fisheries 80 100 000

2210 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

FISHERIES ACT 1982 6.2 must remove and lawfully dispose of any waste or debris on the site as soon as is reasonably practicable and in MARINE MOLLUSC FARMING LICENCE FM00170 particular must comply with any guidelines issued from (PREVIOUS LICENCE NO. F1573) time to time by the Minister in relation to the removal Licence to Farm Fish under section 53 of the Fisheries from the site of any unhealthy or dead fish; Act 1982 6.3 must maintain all buoys, crosses, and markers on the site WHEREAS the Director of Fisheries has, pursuant to section in good condition and in accordance with the colours 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to specified in Schedule 1 of this licence; and the undermentioned licensee to release the fish specified in Item 1 of Schedule 2 of this licence (‘the permitted species’) and, 6.4 must mark the site boundary in accordance with the pursuant to section 48G (2) of the Act, the Director of Fisheries specifications in Schedule 1 of this licence. has also issued a permit to disturb the seabed for the purpose of 7. Site Inspection and Supervision installing structures necessary for the licensed activity at the undermentioned site, the Minister for Primary Industries, Natural The licensee: Resources and Regional Development (‘the Minister’) hereby 7.1 must at all times permit the Minister, his employees, grants to: agents or contractors or any employees, agents or Jeremy Boot contractors of the Crown to enter the site for the Unit 1, 59 Walkers Road purposes of inspecting the site, the sea floor and the Somerton Park, S.A. 5044, flora and fauna on or in the vicinity of the site; and a non-exclusive licence to occupy and use the waters specified in 7.2 must comply with all reasonable directions of any such Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of person authorised by the Director of Fisheries to inspect farming and taking the permitted species (‘the permitted use’) for the conduct of the licensee’s activities at the site. the period commencing on 23 December 1998 and ending, subject 8. Fees and Returns to any earlier termination under this licence, on 30 June 1999 (‘the term’) subject to the following terms and conditions: The licensee: CONDITIONS OF THIS LICENCE 8.1 must pay to the Minister the licence fee in accordance with Item l of Schedule 3 of this licence; 1. Licence 8.2 must on or before 31 January and 31 July during the The parties acknowledge and agree that: term, submit to the Minister a return supplying all of 1.1 the rights, powers and privileges granted to or vested in the information described in Schedule 4 of this licence. the licensee under this licence are contractual only and shall not create or vest in the licensee any estate, 9. Compliance With Relevant Laws interest or right of a proprietary nature in the site; and 9.1 the licensee must at all times comply with all laws, by- 1.2 that, subject to section 53A of the Fisheries Act 1982, laws or regulations in force which relate to the site or this licence does not entitle the licensee to exclusive the activities conducted in the site and with all notices, rights of entry to and occupation of the site and that orders or requirements lawfully given or made by any the rights granted by this licence are exercisable by the authority or authorities in respect of the site; licensee in common with any other occupiers of the site 9.2 in particular, without derogating from the general from time to time. requirement under condition 9 of this licence: 2. Marked-off Areas 9.2.1 the licensee must not do or permit to be done in For the purposes of section 53A of the Fisheries Act 1982, the upon or about the site anything which in the marked-off areas within the site is that area or those areas opinion of the Minister would cause or contribute marked-off or indicated in the manner set out in Item 2 of to the degradation or pollution of any coastal Schedule 1 of this licence. land or the surrounding marine environment; and 3. Permitted Species 9.2.2 in the event that the Minister is satisfied, on The licensee: reasonable grounds, that the fish taken from the waters are not fit for human consumption or that 3.1 must not farm or introduce any species at the site other consumption of fish taken from the waters could than the permitted species; and present a danger to the health of the consumer, 3.2 must not take any wild fish from the site except for the licensee must, in accordance with a written recreational purposes. notice from the Minister, cease or suspend the conduct of the permitted use or else conduct the 4. Permitted Use permitted use as directed within the notice. The licensee must not use the site for any purpose other than the permitted use. 10. Public Risk Liability 5. Permitted Methods The licensee must at all times indemnify the Minister, his officers, employees, contractors and agents from and against all The licensee: claims, demands, actions, judgments, proceedings, damages, losses, 5.1 must not stock the permitted species at a rate greater costs, charges and expenses in respect of any loss of life, personal than that specified in Schedule 2 of this licence; injury and/or damage to property caused or suffered in any 5.2 must not use the anti-fouling chemical tributyltin (TBT) manner in or about the site. on any equipment used at the site; 11. Release 5.3 must not use any chemical or drug for either therapeutic The licensee must use and keep the site at the risk in all things or prophylactic purpose except with the prior approval of the licensee and the licensee must release to the full extent of the Minister; permitted by law the Minister, his agents, contractors and 5.4 must apply the permitted farming methods set out in servants in the absence of any wilful act, omission, default or Item 2 of Schedule 2 of this licence. neglect on their part from all claims and demands of every kind resulting from any accident damage or injury to persons or 6. Marking and Maintaining the Site property occurring at the site, including loss or damage to the The licensee: licensee’s fixtures or personal property of the licensee. 6.1 must ensure that the site is maintained in a good, tidy and safe condition to the satisfaction of the Minister; 22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2211

12. Public Risk Insurance 15.5 if the licensee is an individual, the licensee: The licensee shall at its own cost and expense during the term 15.5.1 becomes bankrupt or assigns its estate or effect and keep in full force and effect in respect of the site and enters into a deed of arrangement or other the permitted use a policy of public risk insurance in the joint form of composition for the benefit of the names of the licensee and the Minister in which the limits of licensee’s creditors; or public risk shall not be less than the amount specified in Item 2 of 15.5.2 is convicted of an indictable offence. Schedule 3 of this licence, or such further amount as the Minister may from time to time reasonably require, as the amount which Termination of this licence by the Minister shall be may be paid out in respect of any one single claim and a policy of without prejudice to any rights, remedies or actions insurance or copy thereof or a certificate of insurance shall be that the Minister may have against the licensee in produced by the licensee to the Minister on request in writing respect of any antecedent breach by the licensee of being made by the Minister for its production. the terms and conditions contained in this licence. 13. Guarantee or Indemnity Scheme 16. Interpretation The licensee must either: Subject to any inconsistency of subject or context, the following rules of construction shall be used in the interpretation 13.1 provide a guarantee from its bankers; or of this licence: 13.2 contribute to an indemnity scheme established for 16.1 any word importing the plural includes the singular the aquaculture and fisheries industry and approved by and vice versa; the Minister, 16.2 any wording importing a gender shall include all to and in favour of and for the benefit of the Minister by way of other genders; security for the due and punctual performance by the licensee of the terms and conditions of this licence and in particular the 16.3 a reference to a body corporate shall include a obligations of the licensee to rehabilitate the site immediately natural person and vice versa; prior to the expiration or sooner determination of the term of 16.4 a reference to a recital, party, clause, Schedule or this licence. Such guarantee or indemnity scheme must have Annexure is a reference to a recital, party, clause, effect from the date of commencement of the term. Schedule or Annexure of this licence; 14. No Assignment 16.5 the captions, headings, section numbers and clause The licensee acknowledges that this licence is personal and it numbers appearing in this licence are inserted only as must not assign or sublet or deal in any other way with any a matter of convenience and in no way affect the interest in this licence. construction of this licence; 15. Default by Licensee and Termination 16.6 a reference to a statute shall include all statutes amending, consolidating or replacing the statutes The Minister may terminate this licence immediately by notice referred to; in writing served on the licensee if: 16.7 where two or more persons are named as licensees, 15.1 the licensee commits or permits any breach or this licence shall bind the licensees jointly and each of default of the obligations imposed on the licensee by them severally; and this licence, and following the giving by the Minister of written notice of such breach or default, the 16.8 time is of the essence in respect of any obligation licensee either fails to rectify such breach or default relating to time in this licence. within one calendar month of the date of such notice 17. Delegation (or earlier if the circumstances require) or fails to make diligent progress towards rectifying any such Any consent, notice, any consultation or any other thing breach which is incapable of rectification within the which is pursuant to the terms of this licence either required to be time so limited; or given, done or performed or which may be given, done or performed by the Minister may for the purposes of this licence be 15.2 the licensee commits or permits any further breach properly given, done or performed by any duly authorised agent or default of the obligations imposed on the licensee or employee of the Minister. by this licence for which the Minister has previously given notice in writing of such breach or default 18. Severance pursuant to paragraph 1 of condition 15.1 notwith- If any term or condition of this licence should be for any standing rectification of the previous breach or reason unlawful, void, invalid or unenforceable then the offending default; or term or condition shall be severed from this licence without 15.3 the licence fee referred to in condition 8 is unpaid affecting the validity or enforceability of the remainder of this for a period of 14 days after notice has been given to licence. the licensee that it is outstanding; or 19. Modification 15.4 if the licensee is a body corporate, any of the No variation of or addition to any provision of this licence following occur: shall be binding upon the Minister and the licensee unless such 15.4.1 the licensee is unable to pay its debts as and variation or addition is made in writing, signed by both the when they fall due or is otherwise insolvent; Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. 15.4.2 an order is made for the winding up or liquidation of the licensee; 20. Waiver 15.4.3 the licensee enters into a scheme of 20.1 A waiver of any provision of this licence by the arrangement, compromise, moratorium or Minister must both be in writing and be signed by the other form of composition with its creditors Minister or by persons duly authorised to execute such or any class of its creditors; a document on the Minister’s part. 15.4.4 a receiver, a manager or a receiver and 20.2 No waiver by the Minister of a breach of a term or manager, a company administrator or other condition contained in this licence shall operate as a insolvency administrator is appointed to the waiver of any breach of the same or any other term licensee; or or condition contained in this licence. 15.4.5 a mortgagee, chargee or other encum- 20.3 No forbearance, delay or indulgence by the Minister brancee is appointed over or takes in enforcing the provisions of this licence shall possession of or appoints an agent to take prejudice or restrict the rights of the Minister. possession of all or any of the licensee’s assets; or 2212 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

21. Notices (4) All buoys, posts, crosses and markers must be 21.1 Notices may be served by delivering the same maintained in good condition. personally, by mail or facsimile transmission and shall When the site is in navigable water and possible danger to be: navigation, lights must be placed on the top of each St Andrews 21.1.1 in writing addressed to the Director of cross that is located at each corner of the site and these lights Fisheries, PIRSA, 16th Floor, 25 Grenfell must be yellow in colour and flashing once every 4 seconds and Street, Adelaide, S.A. 5000 (in the case of visible over an arc of 360 degrees for a distance of at least one the Minister) and to the address of the mile. licensee set out above (in the case of the Item 2—Marked-Off Areas licensee); [Co-ordinates of developed areas within the site to be provided 21.1.2 signed by or on behalf of the sender or by a by the licensee.] person duly authorised in that regard by the sender; White buoys of at least 12 inches in diameter must be placed around the whole of the perimeter of the developed areas within 21.1.3 deemed to be duly served or made in the the site at a distance of no less than 50 m from one another. following circumstances: (a) if delivered, upon delivery; SCHEDULE 2 (b) if sending by mail, upon posting; Item 1¾Permitted Species (c) if sent by facsimile transmission, upon The Director of Fisheries has, pursuant to section 50 (2) of the the sender’s facsimile producing a Act, issued a permit for the release of the fish specified in this transmission report that the facsimile Schedule. was satisfactorily sent in its entirety to Native Oysters (Ostrea angasi) the addressee’s facsimile number, Pacific Oysters (Crassostrea angasi) but if delivery is not made before 5 p.m. on any day it shall be deemed to be received at Scallops (Queen) (Equichlamys bifrons) 9 a.m. on the next day in that place. Scallops (Dough Boy) (Chlamys asperrimus) 21.2 The Minister and the licensee may each vary their Item 2¾Permitted Farming Methods address or facsimile number at any time by written notice. The Director of Fisheries has, pursuant to section 48G (2) of Granted on behalf of the Minister by Director of Fisheries, the Act, issued a permit to disturb the seabed for the purpose of delegate of the Minister, on 16 April 1999. installing the structures specified in this Schedule. G. MORGAN, Director of Fisheries Racks Longlines The licensee hereby acknowledges and agrees to the terms and conditions of this licence. Each unit must not exceed 100 m in length and 2 m in width, and each unit must be at least 6 m from any other unit. Signed by the said J. BOOT Item 3¾Stocking Rates In the presence of: B. HARDING, Witness Oysters SCHEDULE 1 Item 1—The Site Size (mm) Number per Hectare Area applicable to this licence: 3 2 500 000 10 1 600 000 Licensed Area Licensed 20 1 100 000 Hectares 30 750 000 Zone 53 40 500 000 752321E 6038220N 137°47¢27² -35°46¢03² 10 50 350 000 752568E 6037975N 137°47¢37² -35°46¢11² 60 200 000 752803E 6038209N 137°47¢47² -35°46¢03² 70 150 000 752621E 6038389N 137°47¢39² -35°46¢57² 80 100 000 All structures, equipment, buoys and flotations (except for that Scallops required by the Department for Transport, Urban Planning and Size (mm) Number per Hectare the Arts) must be black, dark grey, dark blue, dark brown, or dark green coloured materials. 3 30 000 000 10 20 000 000 The boundary of the site to be marked either with: 20 16 000 000 (a) (1) At the corners with posts extending 900 mm above 30 13 000 000 mean high water springs. Such posts to be marked 40 6 000 000 with a St Andrews cross, each cross arm measuring 50 4 000 000 900 mm from tip to tip, minimum width 75 mm. 60 2 000 000 (2) Posts to be not less than 125 mm in diameter. 70 1 500 000 80 1 000 000 (3) Posts and crosses to be painted yellow. 90 750 000 (4) The ends of each cross to be marked with a 100 500 000 200 mm strip of yellow retro-reflective tape. SCHEDULE 3 (5) Between the corner posts at intervals not exceeding Item 1—Fees 50 m, buoys not less than 300 mm in diameter. (6) All buoys, posts, crosses and markers must be $ maintained in good condition. Environmental Monitoring Program 10 at $20 each ..... 200.00 SASQAP (Classified Area) 10 at $37 each...... 370.00 or Base Licence Fee ...... 328.00 (b) (1) At each corner, yellow spar buoys with a St Fisheries Research and Development Corporation Andrews cross as a top mark placed at least Levy ...... 92.60 900 mm above the buoy, cross arms 900 mm long x Total Annual Licence Fee...... 990.60 75 mm wide. (2) At distances not exceeding 50 m between the corner spar buoys, yellow spherical buoys not less than 300 mm in diameter. (3) The buoys and topmarks must all be coloured yellow and marked with a yellow retro-reflective as in (a) (4). 22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2213

Item 2—Public Risk Insurance at the applicant’s address given above, at least seven days before Five million dollars ($5 000 000). the hearing date. Plans in respect of the premises the subject of the application SCHEDULE 4 are open to public inspection without fee at the Office of the Returns Liquor Licensing Commissioner, 9th Floor, East Wing, G.R.E. The licensee must submit the following information to the Building, 50 Grenfell Street, Adelaide 5000. Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 Dated 14 April 1999. Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and 31 July during the term of this licence: Applicant

1. Name of licensee. 2. Address of licensee. LIQUOR LICENSING ACT 1997 3. Species of fish farmed and held on the site. Notice of Application 4. Location of aquaculture operation. NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that I. & D. Alexander Enterprises 5. Period covered by return. Pty Ltd (ACN 061 552 672), has applied to the Licensing 6. Number of life stage of each species of fish held. Authority for the transfer of a Hotel Licence in respect of premises situated at 50 Randell Street, Mannum, S.A. 5238 and 7. Number, weight and value of each species of fish held. known as Pretoria Hotel. 8. Details of any disease detected in any fish kept. The application has been set down for hearing on 21 May 9. Source (whether interstate or intrastate) of any stock 1999. acquired and date of acquisition (if relevant, include name Conditions of authority that provided certification that stock was free from disease). The following licence conditions are sought: 10. If any fish were brought into the state, the number of Extended Trading Authorisation—Hours of operation: fish and the life stage of the fish. Thursday to Saturday inclusive, midnight to 2 a.m. Sunday, 10 a.m. to 11 a.m. and 8 p.m. to midnight. 11. If fish were brought into the state, the purpose for which they were brought in. Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, 12. Method of disposal of water and packaging use for and serving a copy of the notice on the applicant at the transporting the fish. applicant’s address given above, at least seven days before the 13. If any disease or symptom of disease occurred in the hearing date. acquired fish. Plans in respect of the premises the subject of the application 14. Method of disposal of diseased or dead fish and the are open to public inspection without fee at the Office of the number disposed of. Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. 15. Signature, date and telephone number. Building, 50 Grenfell Street, Adelaide 5000. 16. Use of any chemicals for fish husbandry—type of Applicant

chemical and quantity used, purpose and date of use.

LIQUOR LICENSING ACT 1997 GAMING MACHINES ACT 1992 Notice of Application Notice of Application for Transfer of Gaming Machine Licence NOTICE is hereby given, pursuant to section 52 (2) (b) of the NOTICE is hereby given, pursuant to section 29 (1) (d) of the Liquor Licensing Act 1997, that Warrakilla Wines Pty Ltd (ACN Gaming Machines Act 1992, that I. & D. Alexander Enterprises 076 986 037), has applied to the Licensing Authority for the Pty Ltd (ACN 061 552 672), 305 Unley Road, Malvern, S.A. grant of a Producer’s Licence in respect to premises situated at 5061 has applied to the Liquor Licensing Commissioner for the Lot 5, Strathalbyn Road, Mylor, S.A. 5153 and to be known as transfer of a Gaming Machine Licence in respect of premises and Warrakilla Wines Pty Ltd. known as Pretoria Hotel. The application has been set down for hearing on 21 May The application has been set down for hearing on 25 May 1999. 1999. Any person may object to the application by lodging a notice Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, of objection in the prescribed form with the Liquor Licensing and serving a copy of the notice on the applicant at the Commissioner, and serving a copy of the notice on the applicant applicant’s address given above, at least seven days before the at the applicant’s address given above, at least seven days before hearing date. the hearing date. Plans in respect of the premises the subject of the application Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the are open to public inspection without fee at the Office of the Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Liquor Licensing Commissioner, 9th Floor, East Wing, G.R.E. Building, 50 Grenfell Street, Adelaide 5000. Building, 50 Grenfell Street, Adelaide 5000. Dated 15 April 1999. Applicant Applicant

GAMING MACHINES ACT 1992 LIQUOR LICENSING ACT 1997 Notice of Application for Grant of Gaming Machine Licence Notice of Application NOTICE is hereby given, pursuant to section 29 of the Gaming Machines Act 1992, that Penneshaw Oceanview Pty Ltd, c/o NOTICE is hereby given, pursuant to section 52 (2) (b) of the Griffins Lawyers, Level 14, 26 Flinders Street, Adelaide, S.A. Liquor Licensing Act 1997, that Glenelg Footballers’ Club Inc. 5000, has applied to the Liquor Licensing Commissioner for the has applied to the Licensing Authority for a variation to the grant of a Gaming Machine Licence in respect of premises Extended Trading Authorisation in respect of premises situated at situated at Lot 17, North Terrace, Penneshaw, S.A. 5222 and Glenelg Oval, Brighton Road, Glenelg, S.A. 5045 and known as known as Penneshaw Hotel. Glenelg Footballers’ Club Inc. The application has been set down for hearing on 21 May The application has been set down for hearing on 21 May 1999. 1999. Any person may object to the application by lodging a notice Conditions of objection in the prescribed form with the Liquor Licensing The following licence conditions are sought: Commissioner, and serving a copy of the notice on the applicant 2214 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

Monday to Wednesday: midnight to 1 a.m., Thursday to LIQUOR LICENSING ACT 1997 Saturday: midnight to 2 a.m. and Sunday: 8 p.m. to 11 p.m. Notice of Application including non-members. NOTICE is hereby given, pursuant to section 52 (2) (b) of the Any person may object to the application by lodging a notice Liquor Licensing Act 1997, that Walbrig Pty Ltd has applied to of objection in the prescribed form with the Licensing Authority, the Licensing Authority for a Residential Licence in respect of and serving a copy of the notice on the applicant at the premises situated at Nelson Road, O.B. Flat, Mount Gambier and applicant’s address given above, at least seven days before the known as the Barn Motel. hearing date. The application has been set down for hearing on 21 May Plans in respect of the premises the subject of the application 1999. are open to public inspection without fee at the Office of the Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Any person may object to the application by lodging a notice Building, 50 Grenfell Street, Adelaide 5000. of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicant at the Dated 14 April 1999. applicant’s address given above, at least seven days before the Applicant hearing date.

Plans in respect of the premises the subject of the application LIQUOR LICENSING ACT 1997 are open to public inspection without fee at the Office of the Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Notice of Application Building, 50 Grenfell Street, Adelaide 5000. NOTICE is hereby given, pursuant to section 52 (2) (b) of the Dated 12 April 1999. Liquor Licensing Act 1997, that Truro Properties Pty Ltd and D. S. Chatwood have applied to the Licensing Authority for a Applicant

Residential Licence with Entertainment Consent in respect of premises situated at Moorundie Street, Truro, S.A. 5356 and known as Truro Weighbridge Motel Licensed Restaurant. LIQUOR LICENSING ACT 1997 The application has been set down for hearing on 21 May Notice of Application 1999. NOTICE is hereby given, pursuant to section 52 (2) (b) of the Any person may object to the application by lodging a notice Liquor Licensing Act 1997, that Cummins Rambler Football Club of objection in the prescribed form with the Licensing Authority, Inc., c/o Kelly & Co., Level 17, Santos House, 91 King William and serving a copy of the notice on the applicants at the Street, Adelaide, S.A. 5000, the holder of a Limited Club Licence applicants’ address given above, at least seven days before the has applied to the Licensing Authority for an Extended Trading hearing date. Authorisation in respect of premises situated at the Cummins Showgrounds, Cummins, S.A. 5631 and known as the Cummins Plans in respect of the premises the subject of the application Rambler Football Club. are open to public inspection without fee at the Office of the Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. The application has been set down for hearing on 21 May Building, 50 Grenfell Street, Adelaide 5000. 1999. Dated 29 March 1999. Conditions Applicants The following licence conditions are sought: To sell liquor for consumption on the licensed premises under an extended trading authorisation as follows: LIQUOR LICENSING ACT 1997 Wednesday: Midnight to 1.30 a.m. the following day Notice of Application Friday: Midnight to 1.30 a.m. the following day NOTICE is hereby given, pursuant to section 52 (2) (b) of the Saturday: Midnight to 1.30 a.m. the following day Liquor Licensing Act 1997, that Angas Park Cellars Pty Ltd, c/o Sunday: 8 p.m. to 10 p.m. Kelly & Co., Level 17, 91 King William Street, Adelaide, S.A. Any person may object to the application by lodging a notice 5000 has applied to the Licensing Authority for the grant of a of objection in the prescribed form with the Licensing Authority, Retail Liquor Merchant’s Licence in respect of premises situated and serving a copy of the notice on the applicant at the at Shop 6, Barossa Shopping Centre, Murray Street, Nuriootpa applicant’s address given above, at least seven days before the and trading there currently as Angas Park Cellars pursuant to the hearing date. Hotel Licence of the Angas Park Hotel. Plans in respect of the premises the subject of the application The application has been set down for hearing on 21 May are open to public inspection without fee at the Office of the 1999 at 9 a.m. Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Any person may object to the application by lodging a notice Building, 50 Grenfell Street, Adelaide 5000. of objection in the prescribed form with the Licensing Authority, Dated 15 April 1999. and serving a copy of the notice on the applicant at the applicant’s address given above, at least seven days before the Applicant hearing date.

Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the LIQUOR LICENSING ACT 1997 Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Notice of Application Building, 50 Grenfell Street, Adelaide 5000. NOTICE is hereby given, pursuant to section 52 (2) (b) of the Dated 13 April 1999. Liquor Licensing Act 1997, that Shane Dedrick and Ashley Applicant Banner, P.O. Box 415, Henley Beach, S.A. 5022, have applied to the Licensing Authority for the transfer of an Entertainment Venue Licence in respect of premises situated at 149 Waymouth Street, Adelaide, S.A. 5000 and known as Venus Bar Night Club Restaurant. The application has been set down for hearing on 21 May 1999. 22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2215

Any person may object to the application by lodging a notice Conditions of objection in the prescribed form with the Licensing Authority, The following licence conditions are sought: and serving a copy of the notice on the applicants at the applicants’ address given above, at least seven days before the Hours of Operation: Monday to Saturday, midnight to 2 a.m. hearing date. the following morning; Sunday, 8 a.m. to 11 a.m. and 8 p.m. to midnight on the licensed premises and Sunday, 8 a.m. to Plans in respect of the premises the subject of the application 11 a.m. and 8 p.m. to 9 p.m. off the licensed premises. are open to public inspection without fee at the Office of the Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Any person may object to the application by lodging a notice Building, 50 Grenfell Street, Adelaide 5000. of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicant at the Dated 9 April 1999. applicant’s address given above, at least seven days before the Applicants hearing date.

Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the LIQUOR LICENSING ACT 1997 Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Notice of Application Building, 50 Grenfell Street, Adelaide 5000. NOTICE is hereby given, pursuant to section 52 (2) (b) of the Dated 15 April 1999. Liquor Licensing Act 1997, that Ramelec Pty Ltd as trustee for Applicant Keoghan Estate Trust, 2 Ontario Avenue, Panorama, S.A. 5041, has applied to the Licensing Authority for a Producer’s Licence in respect of premises to be situated at 2 Ontario Avenue, LIQUOR LICENSING ACT 1997 Panorama, and known as Anvers Wines. Notice of Application The application has been set down for hearing on 21 May 1999. NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that Kaligro Vineyards Pty Ltd, 12 Any person may object to the application by lodging a notice Harrow Road, College Park, S.A. 5069 has applied to the of objection in the prescribed form with the Licensing Authority, Licensing Authority for a Producer’s Licence in respect of and serving a copy of the notice on the applicant at the premises situated at 12 Harrow Road, College Park and known as applicant’s address given above, at least seven days before the Kaligro Vineyards Pty Ltd. hearing date. The application has been set down for hearing on 28 May Plans in respect of the premises the subject of the application 1999. are open to public inspection without fee at the Office of the Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Any person may object to the application by lodging a notice Building, 50 Grenfell Street, Adelaide 5000. of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicant at the Dated 23 February 1999. applicant’s address given above, at least seven days before the Applicant hearing date. Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the LIQUOR LICENSING ACT 1997 Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Notice of Application Building, 50 Grenfell Street, Adelaide 5000. NOTICE is hereby given, pursuant to section 52 (2) (b) of the Dated 14 April 1999. Liquor Licensing Act 1997, that Lano Developments Pty Ltd Applicant (ACN 086 962 469) has applied to the Licensing Authority for the transfer of a Restaurant Licence in respect of premises situated at 78 Commercial Street West, Mount Gambier, S.A. LIQUOR LICENSING ACT 1997 5290 and known as Peking Palace and to be known as Sage & Notice of Application Muntries Cafe. NOTICE is hereby given, pursuant to section 52 (2) (b) of the The application has been set down for hearing on 24 May Liquor Licensing Act 1997, that Brian Richard Medcalf, 1 Rowe 1999 at 9 a.m. Road, Echunga has applied to the Licensing Authority for a Any person may object to the application by lodging a notice Wholesale Liquor Merchant’s Licence in respect of premises of objection in the prescribed form with the Licensing Authority, situated at 262 Sturt Street, Adelaide, S.A. 5000 and known as and serving a copy of the notice on the applicant at the Jupiter Creek Wines. applicant’s address given above, at least seven days before the The application has been set down for hearing on 28 May hearing date. 1999. Plans in respect of the premises the subject of the application Condition are open to public inspection without fee at the Office of the Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. The following licence condition is sought: Building, 50 Grenfell Street, Adelaide 5000. Wine tasting on premises. Dated 13 April 1999. Any person may object to the application by lodging a notice Applicant of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicant at the applicant’s address given above, at least seven days before the LIQUOR LICENSING ACT 1997 hearing date. Notice of Application Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Liquor Licensing Act 1997, that Perks Hotels Pty Ltd has applied Building, 50 Grenfell Street, Adelaide 5000. to the Licensing Authority for an Extended Trading Authori- sation in respect of premises situated at Montifoire Street, Dated 19 March 1999. Callington, S.A. 5253 and known as Callington Hotel. Applicant

The application has been set down for hearing on 28 May 1999. 2216 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

NATIONAL PARKS REGULATIONS 1990 including those requiring compliance with the directions, requests, Closure of the Chowilla Game Reserve, Chowilla Regional requirements and orders of Wardens. Reserve, Katarapko section of the Murray River National Park, Dated 14 April 1999. Lyrup Flats section of the Murray River National Park, Pike River A. N. HOLMES, Director, National Parks and Wildlife Conservation Park, Danggali Conservation Park, Moorook Game

Reserve, Loch Luna Game Reserve, Cooltong Conservation Park PURSUANT to Regulation 7 (3) (c) of the National Parks Regulations 1990, I, Allan Norman Holmes, the Director of DISTRICT COURT OF SOUTH AUSTRALIA National Parks and Wildlife, close to the public the whole of the PORT AUGUSTA CIRCUIT COURT Chowilla Game Reserve, including Chowilla Island, Monoman Island, Boat Creek Island, Slaney Island, Punkah Island and Sheriff’s Office, Adelaide, 14 April 1999 Horseshoe Lagoon, Grand Junction Island, Wilperna Island and IN pursuance of a precept from the District Court of South Hypurna Island and extending to the New South Wales and Australia to me directed, I do hereby give notice that the said Victorian borders, from 5 p.m. on Friday, 21 May 1999 until Court will sit as a Court of Oyer and Terminer and General Gaol 7 a.m. on Tuesday, 25 May 1999. Delivery at the Courthouse at Port Augusta on the day and at the Pursuant to Regulation 7 (3) (c) of the National Parks time undermentioned and all parties bound to prosecute and give Regulations 1990, I, Allan Norman Holmes, the Director of evidence and all jurors summoned and all others having business at National Parks and Wildlife, close to the public the whole of the the said Court are required to attend the sittings thereof and the Chowilla Regional Reserve, from 5 p.m. on Friday, 21 May 1999 order of such business will be, unless a Judge otherwise orders, as until 7 a.m. on Tuesday, 25 May 1999. follows: Pursuant to Regulation 7 (3) (c) of the National Parks Monday, 3 May 1999, at 10 a.m. on the first day of the Regulations 1990, I, Allan Norman Holmes, the Director of sittings the only business taken will be the arraignment of National Parks and Wildlife, close to the public the whole of the prisoners in gaol and the passing of sentences on prisoners in gaol Katarapko section of the Murray River National Park including committed for sentence; the surrender of prisoners on bail Katarapko Island, from 5 p.m. on Friday, 21 May 1999 until committed for sentence; the surrender of persons in response to 7 a.m. on Tuesday, 25 May 1999. ex officio informations or of persons on bail and committed for trial who have signified their intentions to plead guilty and the Pursuant to Regulation 7 (3) (c) of the National Parks passing of sentences. Regulations 1990, I, Allan Norman Holmes, the Director of National Parks and Wildlife, close to the public the whole of the Juries will be summoned for Tuesday, 4 May 1999, and persons Lyrup Flats section of the Murray River National Park, from will be tried on this and subsequent days of the sittings. 5 p.m. on Friday, 21 May 1999 until 7 a.m. on Tuesday, 25 May Prisoners in HM Gaol and on bail for sentence and for trial at the 1999. sittings of the Port Augusta Courthouse, commencing Monday, 3 Pursuant to Regulation 7 (3) (c) of the National Parks May 1999. Regulations 1990, I, Allan Norman Holmes, the Director of S Rape On Bail National Parks and Wildlife, close to the public the whole of the L Rape On Bail Moorook Game Reserve, from 5 p.m. on Friday, 21 May 1999 M Rape In Gaol until 7 a.m. on Tuesday, 25 May 1999. Brady, Dion Lee Armed robbery; false In Gaol Pursuant to Regulation 7 (3) (c) of the National Parks imprisonment Regulations 1990, I, Allan Norman Holmes, the Director of Gregorovic, Walter False pretences On Bail National Parks and Wildlife, close to the public the whole of the Rudi Loch Luna Game Reserve, from 5 p.m. on Friday, 21 May 1999 Gregorovic, Walter False pretences On Bail until 7 a.m. on Tuesday, 25 May 1999. Rudi K Unlawful sexual intercourse On Bail Pursuant to Regulation 7 (3) (c) of the National Parks with a person under 12 Regulations 1990, I, Allan Norman Holmes, the Director of McLachlan, Wayne Threatening life; damaging On Bail National Parks and Wildlife, close to the public the whole of the Anthony property Pike River Conservation Park, from 5 p.m. on Friday, 21 May Caldwell, Graham Assault occasioning actual On Bail 1999 until 7 a.m. on Tuesday, 25 May 1999. bodily harm; act likely to Pursuant to Regulation 7 (3) (c) of the National Parks cause harm Regulations 1990, I, Allan Norman Holmes, the Director of Walker, Josephine Eve Robbery in company On Bail National Parks and Wildlife, close to the public the whole of the Kelly, Denise Eileen Robbery in company On Bail Cooltong Conservation Park, from 5 p.m. on Friday, 21 May Strong, Wayne Ernest Causing death by dangerous On Bail 1999 until 7 a.m. on Tuesday, 25 May 1999. driving; fail to stop after accident injury Pursuant to Regulation 7 (3) (c) of the National Parks M Rape On Bail Regulations 1990, I, Allan Norman Holmes, the Director of Ward, Carol Frances Possessing a controlled On Bail National Parks and Wildlife, close to the public the whole of the substance for sale; unlawful Danggali Conservation Park, from 5 p.m. on Friday, 21 May possession 1999 until 7 a.m. on Tuesday, 25 May 1999. Press, Ronald Adrian Robbery in company On Bail The purpose of the abovementioned closures is to ensure the Gates, Leslie William Robbery in company On Bail safety of the public during a feral animal culling program within Roy the reserves during the period. Insch, Paul Andrews Producing a controlled On Bail Use of Firearms within the Reserves substance McLean, Robert Producing a controlled On Bail Pursuant to Regulations 7 (4), 18 (1) and 37 of the National Charles substance Parks Regulations 1990, I, Allan Norman Holmes, the Director McLean, Robert Bruce Producing a controlled On Bail of National Parks and Wildlife, grant permission to members of substance the Field and Game Association and the Sporting Shooters Chenhall, Mark Break and enter building and In Gaol Association of Australia, in possession of both a current Hunting Anthony commit offence; assault Permit and a firearm, to enter and remain in the Chowilla Game occasioning actual bodily Reserve, Chowilla Regional Reserve, Katarapko section of the harm; threatening life; Murray River National Park, Lyrup Flats section of the Murray damaging property; resist River National Park, Pike River Conservation Park, Danggali Police Conservation Park, Moorook Game Reserve, Loch Luna Game Reserve, Cooltong Conservation Park from 5 p.m. on Friday, Horrace, Brenton Wounding with intent to do In Gaol 21 May 1999 until 7 a.m. on Tuesday, 25 May 1999, for the Wayne grievous bodily harm purpose of taking feral animals. Seagrim, Darren Wounding with intent to do In Gaol This permission is conditional upon the observance by each of Michael grievous bodily harm; armed those persons of the requirements of the National Parks and robbery Wildlife Act 1972, the National Parks Regulations 1990, and the Chambers, Robert Glen Wounding with intent to do In Gaol National Parks and Wildlife (Hunting) Regulations 1996, grievous bodily harm; armed robbery 22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2217

Ryan, Branden Alfred Drive or use motor vehicle On Bail 3. Transfer the whole of the land subject to closure lettered Norman without consent; break and ‘B’ to EPANI PTY LTD in accordance with agreement for enter building and commit transfer dated 19 February 1999 entered into between the City offence; robbery in of Port Adelaide Enfield and Epani Pty Ltd. company; armed robbery 4. Transfer the whole of the land subject to closure lettered Rupert, Ingkatji Robbery In Gaol ‘C’ to N & V INVESTMENTS PTY LTD in accordance with Sachse, Murray Endangering life; resist — agreement for transfer dated 19 February1999 entered into Gordon Police; hinder Police between the City of Port Adelaide Enfield and N & V Cassell, Kenneth Threatening life; commit — Investments Pty Ltd. Gordon Patrick common assault on member James of own family On 7 April 1999, that order was confirmed by the Minister for Pompey, Peter Arson In Gaol Administrative Services, conditionally on approval and deposit of Bishop, Nathan Larceny; receiving On Bail the survey plan by the Registrar-General. The condition has now T Rape On Bail been fulfilled. Lang, William Paul Escape from custody; In Gaol Pursuant to section 24(5) of the Roads (Opening and Closing) damaging property Act 1991, NOTICE of the order referred to above and its Lang, William Paul Larceny in a dwellinghouse In Gaol confirmation is hereby given. Goodwin, Benjamin Burglary; commit common In Gaol assault on member of own Dated 22 April 1999. family P. M. KENTISH, Surveyor-General Ryan, Brandon Alfred Drive or use motor vehicle On Bail Norman without consent; arson; damaging property; burglary ROADS (OPENING AND CLOSING) ACT 1991: Prisoners on bail must surrender at 10 a.m. on the day SECTION 24 appointed for their respective trials. If they do not appear when NOTICE OF CONFIRMATION OF ROAD called upon their recognizances and those of their bail will be PROCESS ORDER estreated and a bench warrant will be issued forthwith. Hindmarsh Place and Chapel Street, Hindmarsh By order of the Court, Deposited Plan 51280 J. A. CARR, Sheriff BY Road Process Order made on 18 August 1998, The Development Assessment Commission ordered that:

1. Portion of allotment 66 in Filed Plan 120085 situated ROADS (OPENING AND CLOSING) ACT 1991: west of Chapel Street, more particularly delineated and SECTION 24 numbered ‘1’ in the Preliminary Plan No. PP32/0269 be opened as road. NOTICE OF CONFIRMATION OF ROAD PROCESS ORDER 2. Portion of the public roads (Hindmarsh Place and Chapel Street) between Manton Street and Holden Street, more Railway Terrace and Bowyer Road, Wingfield particularly delineated and lettered part ‘A’ in Preliminary Deposited Plan 51970 Plan No. PP32/0269 be closed. BY Road Process Order made on 22 February 1999, the City of 3. Issue a Certificate of Title to the CITY OF CHARLES Port Adelaide Enfield ordered that: STURT for the whole of the land subject to closure which land 1. Portions of the public roads (Railway Terrace) adjoining is being retained by Council for merging with the adjoining and east of Wingfield Road and (Bowyer Road) north of Council owned land. Cormack Road, more particularly delineated and lettered ‘A’, 4. The following easement be granted over the land subject ‘B’ and ‘C’ in the Preliminary Plan No. PP32/0364. to that closure: 2. Transfer the whole of the land subject to closure lettered Grant a right of way over portion of the land appurtenant ‘A’ to DELCON PTY LTD in accordance with agreement for to Certificate of Title Volume 2231, Folio 112. transfer dated 19 February 1999 entered into between the City of Port Adelaide Enfield and Delcon Pty Ltd. On 1 December 1998, that order was confirmed by the Minister for Administrative Services, conditionally on approval and deposit of the survey plan by the Registrar-General. The condition has now been fulfilled. Pursuant to section 24(5) of the Roads (Opening and Closing) Act 1991, NOTICE of the order referred to above and its confirmation is hereby given. Dated 22 April 1999. P. M. KENTISH, Surveyor-General

2218 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2219

2220 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2221

2222 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2223

2224 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2225

2226 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2227

2228 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2229

2230 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2231

2232 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2233

2234 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2235

2236 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2237

2238 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2239

2240 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

WATER MAINS AND SEWERS Notice is hereby given that the undermentioned water mains have been abandoned by the South Australian Water Corporation. Office of the South Australian Water Corporation Adelaide, 22 April 1999. ADELAIDE WATER DISTRICT

CITY OF HOLDFAST BAY WATER MAINS LAID Singleton Road, Kingston Park. p17

Notice is hereby given that the following main pipes or parts of main pipes have been laid down by the South Australian Water CITY OF MARION Corporation in or near the undermentioned water districts and are Charles Street, Ascot Park. p19 now available for a constant supply of water to adjacent land. Calstock Avenue, Edwardstown. p20

ADELAIDE WATER DISTRICT CITY OF WEST TORRENS CITY OF HOLDFAST BAY Anstey Crescent, Kurralta Park. p18 Singleton Road, Kingston Park. p17

BURRA WATER DISTRICT CITY OF MARION Charles Street, Ascot Park. p19 REGIONAL COUNCIL OF GOYDER Calstock Avenue, Edwardstown. p20 Commercial Street, Burra. p14 Easement in lot 103, Commercial Street, Burra. p14 Justice Lane, Burra. p14 CITY OF MITCHAM Hill Street, Burra. p14 Gladys Paech Court, Torrens Park. p23

PORT PIRIE WATER DISTRICT CITY OF PORT ADELAIDE ENFIELD Freebairn Street, Windsor Gardens. p1 PORT PIRIE REGIONAL COUNCIL Ross Street, Clearview. p21 Ramsay Street, Port Pirie South. p11 Meadows Avenue, Blair Athol. p24 Batty Street, Port Pirie South. p11

CITY OF WEST TORRENS PORT VICTOR WATER DISTRICT Anstey Crescent, Kurralta Park. p18 DISTRICT OF VICTOR HARBOR Sowden Avenue, Victor Harbor. p15 BURRA WATER DISTRICT The Parkway, Victor Harbor. p16

REGIONAL COUNCIL OF GOYDER Commercial Street, Burra. p14 SEWERS LAID Easement in lot 103, Commercial Street, Burra. p14 Justice Lane, Burra. p14 Notice is hereby given that the following sewers have been laid Hill Street, Burra. p14 down by the South Australian Water Corporation in the undermentioned drainage areas and are now available for house connections. CALLINGTON WATER DISTRICT ADELAIDE DRAINAGE AREA DISTRICT OF MOUNT BARKER West Terrace, Callington. p6 CITY OF ADELAIDE Ashley Street, North Adelaide. FB 1081 p6

PORT PIRIE WATER DISTRICT CITY OF CHARLES STURT PORT PIRIE REGIONAL COUNCIL Heading Street, West Croydon. FB 1081 p7 Ramsay Street, Port Pirie South. p11 Batty Street, Port Pirie South. p11 CITY OF PORT ADELAIDE ENFIELD Ross Street, Clearview. FB 1081 p1 PORT VICTOR WATER DISTRICT Easement in lot 34, North East Road, Hillcrest. FB 1081 p2 Cavendish Avenue, Devon Park. FB 1081 p4 DISTRICT OF VICTOR HARBOR Easement in lot 105, Grand Junction Road, Blair Athol. Gum Avenue, Victor Harbor. p15 and 16 FB 1081 p3 Across and in The Parkway, Victor Harbor. p16 Meadows Avenue, Blair Athol. FB 1081 p5

TOD RIVER COUNTRY LANDS WATER DISTRICT PORT LINCOLN COUNTRY DRAINAGE AREA

DISTRICT OF CLEVE CITY OF PORT LINCOLN Wake Road, Cleve. p2-5 Easements in reserve (section 788, hundred of Lincoln), North Easement in lot 2, Wake Road, Cleve. p5 Quay Boulevard and reserve (section 793), Monterey Drive, Port Lincoln. FB 1030 p54 and 55 Monterey Drive, Port Lincoln. FB 1030 p54 and 55 WHYALLA WATER DISTRICT

CITY OF WHYALLA Cottage Place, Whyalla. p12 Mirambeena Drive, Whyalla. p12 and 13 Essington Lewis Avenue, Whyalla. p13

WATER MAINS ABANDONED

22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2241

WHYALLA COUNTRY DRAINAGE AREA

CITY OF WHYALLA Lacey Street, Whyalla. FB 1073 p26 and 27 Cottage Place, Whyalla. FB 1073 p26 and 27 Essington Lewis Avenue, Whyalla. FB 1073 p26 and 27 Mirambeena Drive, Whyalla. FB 1073 p26-28 Easement in lots 10-13, Mirambeena Drive, Whyalla. FB 1073 p26 and 28 Easement in lots 23 and 22, Mirambeena Drive, Whyalla. FB 1073 p26 and 28 Easement in lot 19, Mirambeena Drive, Whyalla. FB 1073 p26 and 28

SEWERS LAID

Notice is hereby given that the undermentioned sewer has been laid down by the South Australian Water Corporation and is not available for house connections.

ADELAIDE DRAINAGE AREA

CITY OF PLAYFORD Commodore Parade, Andrews Farm. FB 1076 p59

H. LACY, Acting Chief Executive, South Australian Water Corporation

WATER RESOURCES ACT 1997 Notice of Intent to Prescribe the Morambro Creek and Nyroca Channel Watercourses, and the Morambro Creek Catchment as a Surface Water Prescribed Area, pursuant to Section 8 (4) of the Water Resources Act 1997 TAKE note that, I, DOROTHY KOTZ, Minister for Environment and Heritage in the State of South Australia, hereby give notice that I propose to recommend that the Morambro Creek and Nyroca Channel watercourses as indicated in the GRO Plan No. 143/99 be prescribed watercourses, pursuant to section 8 (1) of the Water Resources Act 1997, (the Act), and the surface water within the area bounded by the bold line, described as the proposed prescribed surface water area, in GRO Plan No. 143/99 be a surface water prescribed area, pursuant to section 8 (2) of the Act. The proposal will enable the surface water and watercourses indicated above to be managed and used in accordance with the object of the Act in a manner which sustains the physical, economic and social well being of the people of the State and facilitates the economic development of the State while: • ensuring that those resources are able to meet the reasonably foreseeable needs of future generations; and • protecting the ecosystems (including their biodiversity) that depend on those resources. I invite all interested persons to make written submissions to me in relation to this proposal. The closing date for submissions will be 30 July 1999. Dated 20 April 1999. DOROTHY KOTZ, Minister for Environment and Heritage

2242 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

REGULATIONS UNDER THE ROAD TRAFFIC ACT 1961 ---- No. 30 of 1999 ---- At the Executive Council Office at Adelaide 22 April 1999

PURSUANT to the Road Traffic Act 1961 and with the advice and consent of the Executive Council, I make the following regulations. E. J. NEAL Governor

PURSUANT to section 10AA(2) of the Subordinate Legislation Act 1978, I certify that, in my opinion, it is necessary or appropriate that the following regulations come into operation as set out below.

DIANA LAIDLAW Minister for Transport and Urban Planning ------SUMMARY OF PROVISIONS

1. Citation 2. Commencement 3. Variation of reg. 3.10—Duty to report accidents ------Citation 1. The Road Traffic Regulations 1996 (see Gazette 29 August 1996 p. 888), as varied, are referred to in these regulations as "the principal regula tions".

Commencement 2. These regulations will come into operation on 1 May 1999.

Variation of reg. 3.10—Duty to report accidents 3. Regulation 3.10 of the principal regulations is varied by striking out "$600" and substituting "$1 000".

TSA 1058/99 CS E. D. WILSON Clerk of the Council 22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2243

REGULATIONS UNDER THE MOTOR VEHICLES ACT 1959 ---- No. 31 of 1999 ---- At the Executive Council Office at Adelaide 22 April 1999

PURSUANT to the Motor Vehicles Act 1959 and with the advice and consent of the Executive Council, I make the following regulations. E. J. NEAL Governor

PURSUANT to section 10AA(2) of the Subordinate Legislation Act 1978, I certify that, in my opinion, it is necessary or appropriate that the following regulations come into operation as set out below.

DIANA LAIDLAW Minister for Transport and Urban Planning ------SUMMARY OF PROVISIONS

1. Citation 2. Commencement 3. Variation of reg. 4—Interpretation 4. Variation of reg. 14—Purposes for which trade plates may be issued and used 5. Variation of Sched. 1—Conditional registration 6. Variation of Sched. 5—Fees ------Citation 1. The Motor Vehicles Regulations 1996 (see Gazette 30 May 1996 p. 2751), as varied, are referred to in these regulations as "the principal regulations".

Commencement 2. These regulations come into operation on the day on which they are made.

Variation of reg. 4—Interpretation 3. Regulation 4 of the principal regulations is varied by inserting after the definition of "road train" in subregulation (1) the following definition:

"special purpose vehicle " means a motor vehicle that does not carry passengers or goods and whose primary purpose is not the carriage of passengers or goods;.

Variation of reg. 14—Purposes for which trade plates may be issued and used 4. Regulation 14 of the principal regulations is varied by striking out subparagraphs (i) to (iv) (inclusive) of paragraph (m) and substituting the following subparagraphs:

(i) the repairer does not receive any separate monetary consideration in respect of the provision of the loan vehicle; and

(ii) if the loan vehicle is a commercial motor vehicle —the loan vehicle is not used to carry a load during the loan period except within the State; and

(iii) if the loan vehicle is not a special purpose vehicle —

(A) the repairer is licensed as a dealer under the Second-hand Vehicle Dealers Act 1995; and

2244 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

(B) the loan vehicle is a second-hand vehicle that is being offered or exposed for sale by the repairer; and

(C) a notice that complies with section 16 of the Second-hand Vehicle Dealers Act 1995 is attached to the loan vehicle;.

Variation of Sched. 1—Conditional registration 5. Schedule 1 of the principal regulations is varied by striking out the definition of "special purpose vehicle " in clause 1.

Variation of Sched. 5—Fees 6. Schedule 5 of the principal regulations is varied by striking out item 32.

TSA 9223/97 CS E. D. WILSON Clerk of the Council

22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2245

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CITY OF ADELAIDE NOTICE is hereby given that the council of the Corporation of Declaration of a Public Street the City of Adelaide at its meetings held on 29 March 1999, resolved that: 2246 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

In exercise of its powers under section 303 (1) (a) of the CITY OF TEA TREE GULLY Local Government Act 1934, as amended, the council of the Supplementary Election—Nominations Corporation of the City of Adelaide declares Leigh Street as depicted in Filed Plan No. FP24484, to be a public street. NOTICE is hereby given that at the close of nominations on Friday, 16 April 1999 the following nominations had been JUDE MUNRO, Chief Executive Officer received for the Supplementary Election for Steventon Ward:

Purdom, Lesley D. CITY OF CHARLES STURT Siemers, Sioux Supplementary Election¾Albert Park-Cheltenham Ward Barbaro, Paul A. Loader, Matthew T. NOTICE is hereby given that as a result of the supplementary Posta, Christine M. election held by advanced postal voting prior to Monday, 12 April 1999, Tolley Ivan Wasylenko was elected to fill the casual There being more nominations received than required (one vacancy in the office of councillor for the Albert Park- vacancy) all further proceedings have been adjourned for an Cheltenham Ward for the remainder of the term up to the next election to be held by postal ballot, closing at 6 p.m. on Friday, periodical election. 14 May 1999. P. PERRY, Returning Officer The Public Gallery and the Civic Dining Room, 571 Montague Road, Modbury is the designated location for the counting of votes. CITY OF CHARLES STURT J. C. ROSS, Returning Officer Declaration of Public Road NOTICE is hereby given that council at its meeting held on 12 April 1999 resolved that pursuant to section 301 (1) III of the CITY OF UNLEY Local Government Act 1934 as amended: Temporary Road Closure 1. Allotment 9 in DP 51204 being portion of the land NOTICE is hereby given that the council of the Corporation of comprised in certificate of title volume 5463, folio 815 being the City of Unley at its meeting held on 22 February 1999, transferred to the City of Charles Sturt from the Minister for passed the following resolution: Environment, Heritage and Aboriginal Affairs, be accepted by council as public road and is hereby declared to be public road That pursuant to the powers contained in section 359 of the and named Monmouth Street. Local Government Act 1934, as amended, vehicles generally be excluded from Wilgena Avenue, Myrtle Bank (between Fisher 2. Allotment 20 in DP 51782 being portion of the land Street and Lindsay Avenue) on Saturday, 24 April 1999 comprised in certificate of title register volume 1719, folio 90 between the hours of 1.30 p.m. and 6 p.m. being transferred to the City of Charles Sturt from Maurice Turner be accepted by the council as public road and is hereby R. J. GREEN, City Manager declared to be public road and named Chief Street.

3. Allotment 22 in DP 51783 being portion of the land DISTRICT COUNCIL OF LOWER EYRE PENINSULA comprised in certificate of title register book volume 5284, folio 175 being transferred to the City of Charles Sturt from ROADS (OPENING AND CLOSING) ACT 1991 Michael Anthony Carroll be accepted by the council as public Road Realignment South of North Shields road and is hereby declared to be public road and named Chief Street. NOTICE is hereby given that, pursuant to section 10 of the Roads (Opening and Closing) Act 1991, the District Council of 4. Allotments 53 and 54 in DP 51893 being portion of the Lower Eyre Peninsula intends to make a Road Process Order to: land comprised in certificate of title register book volume 5176 folio 259 being transferred to the City of Charles Sturt from 1. Close portion of public road dividing allotment 764 in Maximillian Kurt Hruska and Louise Antoinette Hruska be Filed Plan 179986 from allotment 763 in Filed Plan 179987 accepted by the council as public road and is hereby declared to marked ‘A’ as delineated on Preliminary Plan No. PP 32/0430. be public road and named Noble Street. The closed road is to be transferred to P. W. and E. A. Southam and merged with allotment 764 in filed plan 179986. S. LAW, Chief Executive Officer (In exchange for ‘1’ below).

2. Open as road portion of allotment 763 in Filed Plan CITY OF CHARLES STURT 179986 shown numbered ‘1’ on Preliminary Plan No. PP Temporary Road Closure 32/0430 forming a straightening of the road thereat. NOTICE is hereby given that pursuant to section 359 of the A copy of the Preliminary Plan and Statement of persons Local Government Act 1934, as amended, council has resolved affected are available for public inspection at the Council Office, that the following road be closed to traffic from 5 a.m. to 8 a.m. Railway Terrace, Cummins and the Adelaide Office of the on Sunday, 25 April 1999, for a Dawn Service, to commemorate Surveyor-General during normal office hours. Anzac Day: Any application for easement or objection must set out the full Seaview Road, Henley Beach between Marlborough Street and name, address and details of the submission and must be fully Main Street. supported by reasons. S. LAW, Chief Executive Officer The application for easement or objection must be made in writing to the Council at P.O. Box 41, Cummins, S.A. 5631, within 28 days of this notice and a copy must be forwarded to the CITY OF MOUNT GAMBIER Surveyor-General at G.P.O. Box 1354, Adelaide, S.A. 5001. Supplementary Election—Result Where a submission is made, the Council will give notification of a meeting at which the matter will be considered. NOTICE is hereby given that Patrick James Lane was elected to fill the vacancy at the Supplementary Election held on Saturday, P. W. AIRD, District Clerk 17 April 1999 for the election of one councillor for North West Ward. DISTRICT COUNCIL OF MOUNT BARKER G. MULLER, Returning Officer By-Law made under the Local Government Act 1934 BY-LAW NO. 5—KEEPING OF DOGS FOR the control of dogs within the area, to limit the number of dogs kept on the premises. A. The Council’s existing By-Law No. 5—Keeping of Dogs made on 4 December 1995 is hereby repealed. Definitions 22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2247

1. In this by-law, unless the context otherwise requires, words (c) if the person responsible for looking after the cattle and phrases shall have the same meaning respectively as they is unknown or if the officer is uncertain as to the have in the Dog and Cat Management Act 1995, and: owner’s identity, place the cattle on an adjoining or (1) “approved as a kennel establishment” means a building, neighbouring property on a temporary basis, and structure or area approved by the relevant authority, advise the adjoining or neighbouring owner of this, pursuant to the Development Act 1993, for the until the person responsible for looking after the purposes of receiving, maintaining, boarding or keeping cattle can be identified or until there is a subsequent of dogs; decision by the officer to impound the cattle under the Impounding Act 1920; (2) “flat” means— (3) the person responsible for looking after those animals (a) a room or suite of rooms which is wholly occupied will pay on demand the Council’s costs in taking action or designed, or intended or adapted to be occupied under this by-law. as a separate dwelling; Inadequate fencing (b) a service flat; 3. (1) If any cattle stray or are likely to stray onto any public (c) a suite of rooms in the nature of a service flat; or street or road by reason of no fencing or inadequate fencing (d) a room or rooms in the nature of a home unit; around the land on which the cattle are kept, the Council may cause notice to be served on the owner or occupier of that land, but does not include a detached, semi-detached or non- requiring that person to erect or repair a fence around that land dwelling house; so that the cattle are prevented from straying onto any public (3) “the Act” means the Dog and Cat Management Act street or road and causing a nuisance, obstruction or danger to 1995; traffic; (4) “the Council” means the District Council of Mount (2) Any person to whom such a notice is given shall comply Barker; with it; (5) “township” means a township as defined pursuant to (3) If the person to whom notice is given fails to comply with Section 5 of the Local Government Act 1934; and it, the Council may carry out the requirements thereof (and in so doing may do all such things as are necessary or expedient for (6) “working dog” means a dog used principally for the that purpose) and may recover costs of so doing from that droving or tending of stock. person. Number of dogs The foregoing by-law was duly made and passed at a meeting of 2. (1) The limit on the number of dogs kept shall be: the Council of the District Council of Mount Barker held on 12 April 1999 by an absolute majority of the members for the time (a) in a township: being constituting the Council, there being at least two-thirds of (i) in a flat, one dog; and the members present. (ii) in premises other than a flat, two dogs over the age D. H. GOLLAN, Chief Executive Officer of three months.

(b) outside of a township: DISTRICT COUNCIL OF MOUNT BARKER (i) three dogs (other than working dogs) over the By-Law made under the Local Government Act 1934 age of three months; and BY-LAW NO. 16—WASTE MANAGEMENT (ii) two working dogs over the age of three months. TO regulate and control the removal of household and recyclable (2) No person shall, without obtaining the written permission waste from premises, for the prevention and suppression of of the Council, keep any dog on any premises where the number nuisances, and for regulating the management of Council of dogs on those premises exceeds the limit unless the premises property. are approved as a kennel establishment. Definitions The foregoing by-law was duly made and passed at a meeting of the Council of the District Council of Mount Barker held on 12 1. (1) “household waste” means any kind of domestic and April 1999 by an absolute majority of the members for the time kitchen waste generated from residences, but excludes liquids, being constituting the Council, there being at least two-thirds of metals (other than food containers), building materials, stones, the members present. bricks, soil, lead acid batteries and any dangerous or toxic waste; and D. H. GOLLAN, Chief Executive Officer (2) “recyclable waste” means newspapers, magazines, clean paper and cardboard, clean plastic containers of a type specified DISTRICT COUNCIL OF MOUNT BARKER by the council, clean tins and cans, clean glass and clean milk and juice containers and other materials for which permission has By-Law made under the Local Government Act 1934 been given by the Council. BY-LAW NO. 17—STRAYING STOCK Provide Containers FOR preventing nuisances, danger and obstructions to public 2. Every occupier of domestic premises shall provide and keep streets and roads by straying stock. thereon a waste container for the reception of household Definitions waste/recyclable waste. 1. In this by-law “cattle” has the same meaning as in the Management of waste collection service Impounding Act 1920. 3. In this by-law an occupier of property shall: Straying animals Household/recyclable waste containers 2. If any cattle are found unattended on any public street or (1) ensure that the waste container shall be either: road, parkland or reserve: (i) a watertight split mobile garbage container of (1) the person responsible for looking after those animals is approved manufacture style, constructed of rigid guilty of an offence; plastic, divided into two equal compartments with (2) an authorised officer of the Council or a Police Officer a plastic divider having a capacity of 240 litres, may, if he or she chooses not to impound the cattle with a hinged lid that when closed keeps the under the Impounding Act 1920: container rain and fly proof, and which is (a) mark such cattle in a temporary manner for the designed in such a way as to allow it to be purposes of identification; (b) if the person responsible for looking after the cattle is known, place the cattle on that person’s property; 2248 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

mechanically lifted from the position in which it DISTRICT COUNCIL OF MOUNT BARKER was placed for emptying by apparatus on trucks By-Law made under the Local Government Act 1934 employed in the collection of rubbish; or BY-LAW NO. 7—COUNCIL LAND (ii) of a kind approved by the council; and FOR the management of streets, roads, public places, parklands, (iii) that the front compartment of the container reserves, and other land vested in or under, or deemed to be under (when facing the opening from the front) the care, control and management of the Council. contains only household wastes; and A. The Council’s existing By-Law No. 7—Streets made on 4 (iv) the rear compartment of the container (when December 1995 is hereby repealed. facing the opening from the front) contains only recyclable waste. B. The Council’s existing By-Law No. 8—Parklands made on 4 December 1995 is hereby repealed. Keep container clean Definitions (2) cause each waste container to be kept in a clean and sanitary condition, maintained in good order and 1. In this by-law: repair, and kept water tight. (1) “authorised person” shall mean either a person defined Sealing of container as such in the Local Government Act 1934, or a member of the South Australian Police Force; (3) cause each waste container to be continuously and securely covered or sealed except when waste is being (2) “childrens’ playground” means any enclosed area on deposited in or removed from the container. parklands in which there are erected swings, slippery dips, climbing apparatus and other devices for the Damage amusement of children (or within 30 m of such devices (4) ensure that each waste container is maintained so that if there is no enclosed area); it is not damaged or worn to the extent that: (3) “Council land” means all parklands, reserves, (a) it is not robust or water tight; ornamental grounds, streets, roads, bridges, public places (b) it is unable to be moved on its wheels (if any) and other land, vested in or under, and deemed to be, efficiently when empty or full; under the control and management of the Council; (c) the lid does not seal on the container when (4) “liquor” has the same meaning as defined in the Liquor closed; Licensing Act 1997; (d) any vertical partition becomes damaged to the (5) “open container” means a container which: extent that it does not properly keep separate (a) after the contents thereof have been sealed at the the kinds of waste in the compartments, or time of manufacture and: becomes loose; or (i) being a bottle, has had its cap, cork or top (e) its efficiency or use is otherwise impaired. removed (whether or not it has since been Collection services replaced); (5) (a) to facilitate the collection and removal of waste (ii) being a can, it has been opened or punctured; on the day of or on the night before and not (iii) being a cask, has had its tap placed in a before hand, and prior to the time specified by position to allow it to be used; the council for the collection of a particular kind (iv) being any form of container, it has been of waste from those premises, place the waste opened, broken, punctured or manipulated in container containing that kind of waste out for such a way as to allow access to the contents collection in a position: thereof; or (i) on the street in front of and on the same (b) is a flask, glass or mug or other container used for side as those premises, abutting the edge of drinking purposes; (but not on) the carriageway and so positioned that the side of the container on (6) “parklands” means and includes parklands, plantations, which hinges of the lid are situated faces public squares, ornamental grounds and reserves, or any those premises; or part thereof. (ii) as approved by the Council; and Activities requiring permission (b) remove the waste container from that position 2. No person shall, without permission, on any Council land: on the same day after the collection of waste has Selling taken place. (1) sell anything or display anything for sale; Interference with garbage Distribution 4. No person shall remove, disburse or interfere with any waste (including bottled, newspapers, cans, containers or packaging) (2) distribute any handbill, book, notice or other printed that has been placed: matter to any bystander, passerby or other person; (1) for disposal in or near a waste container; or Pedicabs (2) on a public street or road for collection by the Council, (3) hire out any vehicle or drive or use any vehicle, which its agents or contractors, is propelled by human power, for the purpose of plying for hire; except with the permission of the Council or the authority of the owner. Horses The foregoing by-law was duly made and passed at a meeting of (4) ride, lead or drive a horse, except on any street, road the Council of the District Council of Mount Barker held on 12 or car park or where the Council has set aside a track April 1999 by an absolute majority of the members for the time or other area for use by or in connection with the being constituting the Council, there being at least two-thirds of horse; the members present. Vehicles on Parklands D. H. GOLLAN, Chief Executive Officer (5) comprising parklands drive or propel a motor vehicle unless on an area or road constructed or set aside by the Council for the parking or travelling of motor vehicles; 22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2249

Erection of Structures Fences and Verandahs (6) erect or allow to remain erected thereon any tent, 4. Height of Fences pavilion, shed, hut or other structure; (1) no person shall without permission erect on any land Busking within 6 m of the intersection or junction of any (7) sing, busk or play a musical instrument for the streets or roads, any fence or hoarding of greater purpose of or so as to appear to be for the purpose of height than 1 m from the footpath or roadway entertaining others or receiving money; abutting the same; No Liquor Notice Regarding Fence Near Intersection (8) (a) consume, carry or be in possession or charge of (2) the Council may serve notice on the occupier of any any liquor on any Council land to which this land within 6 m of the intersection or junction of any subparagraph applies (except streets and roads streets or roads requiring him to reduce or keep which are not part of parklands); reduced and fence, hedge or hoarding on that land to a height of not more than 1 m from the footpath or (b) except in sealed containers, consume, carry, be in roadway abutting the same; possession or charge of any liquor in an open container on any Council land to which this Dangerous Fences subparagraph applies (except streets and roads (3) no person shall erect any fence abutting any street or which are not part of parklands); road or public place which is made of barbed wire Fires which otherwise presents a danger to users of the street or road; (9) light any fire except: Watertight Verandahs (a) in a place provided by the Council for that purpose; or (4) the owner or occupier of a building on which there is a verandah or balcony which encroaches onto or over a (b) in any commercial type barbeque and only during street or road should keep that balcony or verandah the times permitted and under the conditions clean and watertight; prescribed by any law enforced in the area; Notices Climbing Trees (5) where the Council considers that a requirement (10) climb or swing upon any tree, bush or plant; contained in this paragraph has not been complied Playing Games with, the Council may serve a notice on the owner and/or occupier of the relevant land which must state: (11) (a) play or practice any athletic or ball sports in any parklands: (a) the nature of the breach; (i) which are likely to cause damage to lawns, (b) the name of the person to whom it is directed; gardens, trees or other property; (c) what action the person is required to take; and (ii) which endanger the safety or interfere with (d) the time within which the action must be taken; the comfort of any other persons therein; Compliance with Notices (b) to which this subparagraph applies, play or practice the game of golf; (6) a person who receives a notice under subparagraph (5) must comply with the notice; Lawns and Gardens Council may do Work (12) on any council land to which this subparagraph applies (except streets and roads which are not part of (7) if a person who receives a notice fails to comply with parklands) walk, run or stand on: it, then the Council may: (a) the edges or bordering of any lawn, flower bed or (a) carry out the requirements of the notice; and garden area; (b) recover the cost of doing so as a debt due from (b) any flower bed or garden area; that person. (c) any lawn or newly planted lawn area where signs Obstructions displayed by the Council indicate that persons are 5. In this paragraph “object” includes any sign, placard, to keep off. advertisement, box, shopping trolley, article or thing: Prohibited Activities Removal 3. No person shall on any Council land: (1) if an object is obstructing a footpath or roadway other Interference than with permission of the Council, then any authorised officer may remove such object; (1) act in such a manner as to unreasonably interfere with the normal use of parklands, reserves, public squares Ownership Enquiries and ornamental grounds by another person; (2) upon such removal, the Council make enquiries to Equipment ascertain the owner of the object; (2) in any children’s playground use any device, Notice to Owner equipment or apparatus installed therein: (3) if the Council can ascertain the owner, notice in (a) where that person is over the age of sixteen writing shall be given to him or her: years; (a) advising that the object was removed from the (b) other than in the manner for which it was footpath or roadway because it was causing an apparently designed or constructed; obstruction; and Animals (b) inviting that person to collect the object from the Council; (3) allow any animal of which that person is in charge to enter or remain in any childrens’ playground. Costs (4) on any street or road while in charge of any cattle or (4) the Council may recover, as a debt due from the horses cause, suffer or allow the same to eat or owner of any object removed under this paragraph, damage any tree, hedge, shrub, lawn, plant, flower or the Council’s costs of and incidental to the removal damage any other part of the street or road. and storage of the object; 2250 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

Collection SOUTHERN MALLEE DISTRICT COUNCIL (5) the owner may collect the object, but must first pay Temporary Road Closure the Council’s costs as referred to in subparagraph (4) NOTICE is hereby given that, pursuant to section 359 of the above; Local Government Act 1934, as amended, council has approved Disposal of the temporary closure of the roads adjacent to sections 114, (6) if the object is not collected within: 118, 129, 130, 191, Hundred of Cotton and including the railway reserve crossing adjacent to sections 130 and 142, Hundred of (a) three months from the date of removal; or Cotton for the purpose of an off-road race conducted by the (b) one month from the date of service of the notice Onkaparinga Ramblers Car Club on 15 May 1999 and 16 May in subparagraph (3), 1999. whichever is the sooner, then the Council may dispose P. WOOD, Chief Executive Officer

of the object in any manner it thinks fit; Liability IN the matter of the estates of the undermentioned deceased (7) the Council is not liable for any loss caused by the persons: exercise of its powers under this paragraph. Arnold, Alice Margaret, late of 6 Broxmore Street, Elizabeth Removal of Persons North, widow, who died on 8 March 1999. Baldwin, Leslie Charles, late of 18 Meath Avenue, Salisbury 6. Any authorised person may remove any person from Downs, retired electrical fitter, who died on 25 February Council land who is found committing a breach of a by-law. 1999. Application of Paragraphs Buddle, Rose Evelyn, late of 100 Murray Road, Port Noarlunga, widow, who died on 25 February 1999. 7. Any of paragraphs 2(8), 2(11)(b) and 2(12) of this by-law Cosh, Jean, late of 14 Frew Street, Fullarton, retired book- shall apply only in such portion or portions of the area as the keeper, who died on 4 March 1999. Council may by resolution direct (in accordance with Section 670 Dicker, Gwendoline, late of 53-59 Austral Terrace, of the Local Government Act 1934). Morphettville, retired stenographer, who died on 28 The foregoing by-law was duly made and passed at a meeting of February 1999. the Council of the District Council of Mount Barker held on 12 Dunling, Joyce Margaret, late of 19 Windsor Avenue, April 1999, by an absolute majority of the members for the time Pennington, of no occupation, who died on 2 November being constituting the Council, there being at least two-thirds of 1998. the members present. Firth, Douglas Walter, late of Fosters Road, Oakden, of no D. H. GOLLAN, Chief Executive Officer occupation, who died on 7 March 1999. Fischer, Edith Kate, late of 52 Dunrobin Road, Hove, widow, who died on 21 February 1999. DISTRICT COUNCIL OF RENMARK PARINGA Holding, Thelma Joan, late of 6 Booth Avenue, Linden Park, of no occupation, who died on 23 January 1999. Roads (Opening and Closing) Act 1991 Hossack, Flora De Elva, late of 3 Grant Avenue, Gilles Plains, NOTICE is hereby given, pursuant to section 10 of the Roads of no occupation, who died on 14 March 1999. (Opening and Closing) Act 1991, that the District Council of Jorgensen, Mira Thirza, late of 15 Rosemary Street, Woodville Renmark Paringa proposes to make a road process order to: West, of no occupation, who died on 26 February 1999. 1. Close that portion of the public road dividing section 190 Muster, Alma Linda, late of 14 Frew Street, Fullarton, of no from section 217, Out of Hundreds, Eighth Street, Renmark, occupation, who died on 9 January 1999. and more particularly delineated as ‘Q’ and ‘R’ on Preliminary Richter, Ronald Colin, late of 217 Prospect Road, Prospect, Plan No. PP6793/94. The closed road portion ‘Q’ shall merge retired plasterer, who died on 4 March 1999. with the whole of land comprised and described in certificate of Schultz, Kevin Oscar, late of 11 Third Avenue, Port Lincoln, title register book volume 5450, folio 32, held by John retired stores clerk, who died on 11 February 1999. Tsolomitis and others in exchange for ‘3’ below and portion Sheehan, Thyra Lorraine, late of 478 Greenhill Road, ‘R’ shall merge with the whole of land comprised and described Hazelwood Park, home duties, who died on 7 March 1999. in certificate of title register book volume 5582, folio 909, Sheppard, Katherine Mary, late of Grand Junction Road, held in the name of Luciano Angeletti and others. Oakden, of no occupation, who died on 23 December 1998. 2. Open as public road that portion of section 217, Out of Simpson, Edith Peggy, late of 86 Oaklands Road, Glengowrie, Hundreds, Eighth Street, Renmark, as more particularly retired nurse, who died on 3 January 1999. delineated and numbered ‘3’ in Preliminary Plan No. Wallace, Rita Olive, late of 160 Walkerville Terrace, PP6793/94. Walkerville, of no occupation, who died on 11 March A copy of the plan and statement of persons affected are 1999. available for public inspection at the Council Offices, Ral Ral Winton, Rose Kathleen, late of corner Bay Road and Tabernacle Avenue, Renmark, and the Adelaide office of the Surveyor- Road, Encounter Bay, widow, who died on 11 March 1999. General during normal business hours. Ziepes, Leslie Roy, late of 4 Cottell Street, Port Pirie South, retired boilermaker’s assistant who died on 8 March 1999. Any person is entitled to object to the proposed road process or any person affected by the proposed closure is entitled to Notice is hereby given pursuant to the Trustee Act 1936, as apply for an easement to be granted in that person’s favour over amended, the Inheritance (Family Provision) Act 1972, and the the land subject to the proposed closure. Such objection or Family Relationships Act 1975, that all creditors, beneficiaries, application for an easement must set out the full name and and other persons having claims against the said estates are address of the person making the objection or application and required to send, in writing, to the Public Trustee, 25 Franklin must be fully supported by reasons. Any application for an Street, Adelaide, S.A. 5000, full particulars and proof of such easement must give full particulars of the nature and location of claims, on or before 21 May 1999, otherwise they will be the easement and where made by a person as the owner of excluded from the distribution of the said estate; and notice is also adjoining or nearby land, specify the land to which the easement hereby given that all persons who are indebted to the said estates is to be annexed. are required to pay the amount of their debts to the Public The objection or application for an easement must be made in Trustee or proceedings will be taken for the recovery thereof; and writing to the said District Council of Renmark Paringa, within all persons having any property belonging to the said estates are 28 days of this notice and a copy shall be forwarded to the forthwith to deliver the same to the Public Trustee. Surveyor-General at Adelaide. Where a submission is made, the Dated 22 April 1999. council will give notification of a meeting at which the matter J. H. WORRALL, Public Trustee will be considered, so that the person making the submission, or a representative may attend, if so desired. I. L. BURFITT, District Manager

22 April 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2251

AUSTMARINE PTY LTD listed for hearing and must attend at the Supreme Courthouse, (ACN 010 602 909) Victoria Square, Adelaide at the time set for the hearing of the summons. A copy of the summons and the affidavit in support MENZEL PLASTIC TRADERS PTY LTD (Receivers and can be obtained on payment of the proper costs from Barratt Managers appointed) (in liquidation) has brought a summons in Lindquist, 162 Halifax Street, Adelaide, S.A. 5000. Action No. 433 of 1999 in the Supreme Court of South Australia seeking the winding up of Austmarine Pty Ltd. The summons is listed for hearing on Tuesday, 18 May 1999 at not before 2.30 FARMWORLD EXPORT LIMITED p.m. Any creditor or contributory of Austmarine Pty Ltd wishing (ACN 062 480 826) to be heard on the summons must file and serve a notice in accordance with Rule 20 of the Corporations (South Australia) ON Tuesday, 20 April 1999 the Supreme Court of South Australia Rules 1993 at least three business days before the day on which in Action No. 297 of 1999 appointed Mark Christopher Hall, 26 the summons is listed for hearing and must attend at the Supreme Flinders Street, Adelaide, S.A. 5000 to be the liquidator of Courthouse, Victoria Square, Adelaide at the time set for the Farmworld Export Limited. hearing of the summons. A copy of the summons and the BONNINS, Level 14, Commonwealth Bank Building, affidavit in support can be obtained on payment of the proper 100 King William Street, Adelaide, S.A. 5000, cost from Marshalls, Level 2, 81 Flinders Street, Adelaide, S.A. solicitors for the plaintiff. 5000.

NORMAN SHEUN ARCHITECTS PTY LTD CAPRICORN PACKAGING AND FILLING PTY LTD (ACN 069 143 442) (ACN 009 651 325) FREEMAN WAUCHOPE PTY LTD has brought a summons in EVINS STORES PTY LTD (ACN 008 012 833) has brought a Action No. 429 of 1999 in the Supreme Court of South Australia summons in Action No. 401 of 1999 in the Supreme Court of seeking the winding up of Norman Sheun Architects Pty Ltd. The South Australia seeking the winding up of Capricorn Packaging summons is listed for hearing on 18 May 1999 at not before 2.30 and Filling Pty Ltd. The summons is listed for hearing on p.m. Any creditor or contributory of Norman Sheun Architects Tuesday, 18 May 1999, at not before 2.15 p.m. Any creditor or Pty Ltd wishing to be heard on the summons must file and serve a contributory of Capricorn Packaging and Filling Pty Ltd wishing notice in accordance with Rule 20 of the Corporations (South to be heard on the summons must file and serve a notice in Australia) Rules 1993 at least three business days before the day accordance with Rule 20 of the Corporations (South Australia) on which the summons is listed for hearing and must attend at the Rules 1993 at least three business days before the day on which Supreme Courthouse, Victoria Square, Adelaide at the time set for the summons is listed for hearing and must attend at the Supreme the hearing of the summons. A copy of the summons and the Courthouse, Victoria Square, Adelaide at the time set for the affidavit in support can be obtained on payment of the proper hearing of the summons. A copy of the summons and the costs from Marshalls, Level 2, 81 Flinders Street, Adelaide, S.A. affidavit in support can be obtained on payment of the proper 5000. cost from Warmings, Barristers & Solicitors, 94-98 Sturt Street, Adelaide, S.A. 5000. C. & C. PROMOTIONS CO. PTY LTD

EXTRAMAN PTY LTD (ACN 007 945 931) (ACN 007 950 352) Voluntary Liquidation WORKERS REHABILITATION AND COMPENSATION NOTICE is hereby given that, pursuant to section 491 (2) of the CORPORATION has brought a summons in Action No. 121 of Corporations (South Australia) Rules 1993, at a general meeting 1999 in the Supreme Court of South Australia seeking the winding of members of the abovenamed company, duly convened and held up of Extraman Pty Ltd. The summons is listed for hearing on at Suite 2, 4-8 Angas Street, Kent Town on 12 April 1999, the Tuesday, 18 May 1999 at not before 2.15 p.m. Any creditor or following special resolution was passed: contributory of Extraman Pty Ltd wishing to be heard on the That the company be wound up voluntarily. summons must file and serve a notice in accordance with Rule 20 of the Corporations (South Australia) Rules 1993 at least three Dated 12 April 1999. business days before the day on which the summons is R. MUSOLINO, Liquidator

2252 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [22 April 1999

ATTENTION

CUSTOMERS requiring a proof of their notice for inclusion in the Government Gazette, please note that the onus is on you to inform Riverside 2000 of any subsequent corrections by 10 a.m. on Thursday, which is our publication deadline.

For any corrections to your notice please phone 8207 1045 or Fax 8207 1040 before 10 a.m. on Thursday.

If we do not receive any communication by 10 a.m. on Thursday (day of publication) we will presume the notice is correct and will print it as it is.

Remember—the onus is on you to inform us of any corrections necessary to your notice.

NOTE: Closing time for lodging new copy (either fax or hard copy) is 4 p.m. on Tuesday preceding the day of publication. Ph. 8207 1045—Fax 8207 1040.

Printed and published by authority every Thursday by M. E. JONES, Acting Government Printer, South Australia Price: $3.75, plus postage; to subscribers, $185 per annum.