No. 186 3233

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, 23 NOVEMBER 2000

CONTENTS Page Appointments, Resignations, Etc...... 3236 Corporations and District Councils—Notices...... 3349 Crown Lands Act 1929—Notices...... 3237 Development Act 1993—Notices...... 3237 Fisheries Act 1982—Notices...... 3239 Liquor Licensing Act 1997—Notices...... 3300 Mining Act 1971—Notices...... 3305 Oaths Act 1936—Notice...... 3237 Private Advertisements...... 3352 Proclamations...... 3234 Proof of Sunrise and Sunset Act 1923—Almanac...... 3306 Public Trustee Office—Administration of Estates...... 3352

REGULATIONS Guardianship and Administration Act 1993— (No. 264 of 2000)...... 3310 Mental Health Act 1993 (No. 265 of 2000)...... 3311 Legal Practitioners Act 1981 (No. 266 of 2000)...... 3312 Harbors and Navigation Act 1993 (No. 267 of 2000)...... 3313 Workers Rehabilitation and Compensation Act 1986— (No. 268 of 2000)...... 3326 Summary Offences Act 1953 (No. 269 of 2000)...... 3329 Electricity Act 1996 (No. 270 of 2000)...... 3346 Roads (Opening and Closing) Act 1991—Notices...... 3307 Sale of Property...... 3353 Transport, Department of—Notice to Mariners...... 3307 Water Mains and Sewers—Mains Laid, Replaced, Etc...... 3308 Workers Rehabilitation and Compensation Act 1986— Determination...... 3309

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. on the Tuesday preceding the day of publication. Phone 8207 1045 or Fax 8207 1040. E-mail: [email protected]. Send as attachments in Word format and please confirm your transmission with a faxed copy of your document, including the date the notice is to be published and to whom the notice will be charged. 3234 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

ADMINISTRATIVE ARRANGEMENTS ACT 1994 SECTION 5: Dama dama COMMITTAL OF SPORTS DRUG TESTING ACT 2000 Fallow Deer TO MINISTER FOR RECREATION, SPORT AND RACING Odocoileus virginianus Proclamation By The Governor White-tailed Deer Class 6f (L.S.) E. J. NEAL Mammals: Section 47(3). Whole of the State. PURSUANT to section 5 of the Administrative Arrangements Act Order: Artiodactyla 1994 and with the advice and consent of the Executive Council, I Axis axis commit the administration of the Sports Drug Testing Act 2000 Chital (Axis) Deer to the Minister for Recreation, Sport and Racing. Axis porcinus Hog Deer Given under my hand and the Public Seal of South Australia, at Cervus canadensis Adelaide, 23 November 2000. Wapiti By command, Cervus elaphus Red Deer MARK BRINDAL, for Premier Cervus timoriensis MRSR 0012/00 CS Javan Rusa Deer Cervus unicolor Sambar ANIMAL AND PLANT CONTROL (AGRICULTURAL Dama dama PROTECTION AND OTHER PURPOSES) ACT 1986 Fallow Deer SECTION 40: VARIATION OF DECLARATION OF Odocoileus virginianus CLASSES OF ANIMALS TO WHICH ACT APPLIES White-tailed Deer. Proclamation By The Governor This proclamation will come into effect on 14 December (L.S.) E. J. NEAL 2000. PURSUANT to Section 40 of the Animal and Plant Control Given under my hand and the Public Seal of South Australia, at (Agricultural Protection and Other Purposes) Act 1986, on the Adelaide, 23 November 2000. recommendation of the Animal and Plant Control Commission By command, and with the advice and consent of the Executive Council, I vary MARK BRINDAL, for Premier the declaration made under that section on 25 June 1987 (see Gazette 25 June 1987 p. 1611), as varied— MPI 061/2000 CS (a) by striking out from clause 2 ‘classes 4, 6a, 6c and 5f’ and substituting ‘classes 4, 5f, 6a, 6c, 6e and 6f’; CORPORATIONS (SOUTH AUSTRALIA) (MISCELLANE- (b) by striking out the entries in Schedule 1 relating to Class OUS) AMENDMENT ACT 2000 (Act No. 19 of 2000): 3b Mammals, Order: Artiodactyla and substitut-ing the DAY OF COMMENCEMENT following entry: Proclamation By The Governor Class 3b (L.S.) E. J. NEAL Mammals: Sections 41, 42 and 44. Whole of the State. WITH the advice and consent of the Executive Council, I fix 24 Order: Artiodactyla November 2000 as the day on which the Corporations (South Bubalus bubalis Australia) (Miscellaneous) Amendment Act 2000 will come into Water buffalo; operation. (c) by inserting alphabetically in the entry in Schedule 1 Given under my hand and the Public Seal of South Australia, at relating to Class 4 Mammals, Order: Artiodactyla the Adelaide, 23 November 2000. following items: By command, Axis axis Chital (Axis) Deer MARK BRINDAL, for Premier Axis porcinus AGCS 26/00 Hog Deer Cervus canadensis Wapiti OATHS ACT 1936 SECTION 33: APPOINTMENT OF Cervus elaphus MANAGERS TO TAKE DECLARATIONS AND ATTEST Red Deer THE EXECUTION OF INSTRUMENTS Cervus timoriensis Proclamation By The Governor Javan Rusa Deer L S EAL Cervus unicolor ( . .) E. J. N Sambar PURSUANT to section 33 of the Oaths Act 1936 and with the Dama dama advice and consent of the Executive Council, I appoint the Fallow Deer following managers to take declarations and attest the execution Odocoileus virginianus of instruments: White-tailed Deer; Wayne Ambler of the Adelaide Bank Limited (d) by inserting in Schedule 1 after the entry relating to Pamela Angeli of BankSA Class 6d Mammals, Order: Artiodactyla the following Dorina Cocca of BankSA entries: Joanna Sue Cowley of the Commonwealth Bank Trina Louise Kershaw of the Adelaide Bank Limited Class 6e Tania McCormack of the Adelaide Bank Limited Mammals: Sections 41 and 42. All offshore islands Kym Nelson of the Adelaide Bank Limited (excluding Kangaroo Cameron Matthew Sudweeks of the Commonwealth Bank Island and Wardang Darren White of the Westpac Banking Corporation. Island). Order: Artiodactyla Given under my hand and the Public Seal of South Australia, at Axis axis Adelaide, 23 November 2000. Chital (Axis) Deer By command, Axis porcinus MARK BRINDAL, for Premier Hog Deer Cervus canadensis AGC47/99 Wapiti Cervus elaphus SHOP TRADING HOURS ACT 1977 SECTION 13: ALTERA- Red Deer TION OF SHOP TRADING HOURS—DECEMBER 2000 Cervus timoriensis Proclamation By The Governor Javan Rusa Deer Cervus unicolor (L.S.) E. J. NEAL Sambar 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3235

PURSUANT to section 13 of the Shop Trading Hours Act 1977 3. The Ceduna and Districts Health and Aged Services and with the advice and consent of the Executive Council, I Incorporated is incorporated under the Associations authorise, subject to the condition specified in the Schedule, the Incorporation Act 1985. opening of all shops— 4. The governing bodies of the hospital referred to in clause 1, (a) in the Jamestown Shopping District as follows: the association referred to in clause 2 and the association referred to in clause 3 have consented to the establishment of an from 2 p.m. until 8 p.m. on Sunday, 3 December 2000 South Australian Health from 6 p.m. until 9 p.m. on Friday, 22 December 2000; incorporated hospital under the Commission Act 1976 to take over the functions of the hospital (b) in the Kingscote Shopping District from 6 p.m. until and the associations and have agreed with the Minister on the 9 p.m. on Friday, 22 December 2000. terms of the constitution under which the incorporated hospital is SCHEDULE to operate. This proclamation only authorises the opening of a shop if a person who is Proclamation employed in the business of the shop is entitled to refuse to work at the shop PURSUANT to section 27 of the South Australian Health during the hours specified in this proclamation, unless the person is subject to Commission Act 1976 and with the advice and consent of the an industrial award, workplace agreement or enterprise agreement to the Executive Council, I— contrary or has otherwise agreed with the shopkeeper to work during those hours. (a) dissolve the Ceduna Hospital Incorporated, the Far West Senior Citizens’ Village Incorporated and the Ceduna Given under my hand and the Public Seal of South Australia, at and Districts Health and Aged Services Incorporated; Adelaide, 23 November 2000. and By command, (b) establish an incorporated hospital to take over the MARK BRINDAL, for Premier function of providing health services from the Ceduna Hospital Incorporated, the Far West Senior Citizens’ MWR 00/041 CS Village Incorporated and the Ceduna and Districts Health and Aged Services Incorporated and to provide health services in accordance with the constitution SHOP TRADING HOURS ACT 1977 SECTION 13: referred to in the preamble; and ALTERATION OF SHOP TRADING HOURS—LOXTON SHOPPING DISTRICT—JANUARY 2001 (c) assign to that incorporated hospital the name “Ceduna Proclamation By The Governor District Health Services Incorporated”. This proclamation will take effect on 30 November 2000. (L.S.) E. J. NEAL Shop Trading Hours Act 1977 Given under my hand and the Public Seal of South Australia, at PURSUANT to section 13 of the Adelaide, 23 November 2000. and with the advice and consent of the Executive Council, I authorise the opening of all shops in the Loxton Shopping By command, District from 10 a.m. until 5 p.m. on the following days, subject MARK BRINDAL, for Premier to the condition specified in the Schedule: DHS CS 00/24 Sunday, 7 January 2001 Sunday, 14 January 2001 Sunday, 21 January 2001 Sunday, 28 January 2001 SPORTS DRUG TESTING ACT 2000 (Act No. 32 of 2000): DAY OF COMMENCEMENT SCHEDULE Proclamation By The Governor This proclamation only authorises the opening of a shop if a person who is employed in the business of the shop is entitled to refuse to work at the shop (L.S.) E. J. NEAL during the hours specified in this proclamation, unless the person is subject to WITH the advice and consent of the Executive Council, I fix 23 an industrial award, workplace agreement or enterprise agreement to the November 2000 as the day on which the Sports Drug Testing Act contrary or has otherwise agreed with the shopkeeper to work during those 2000 will come into operation. hours. Given under my hand and the Public Seal of South Australia, at Given under my hand and the Public Seal of South Australia, at Adelaide, 23 November 2000. Adelaide, 23 November 2000. By command, By command, MARK BRINDAL, for Premier MARK BRINDAL for Premier MRSR 0012/00 CS MWR 00/041 CS

SOUTH AUSTRALIAN HEALTH COMMISSION ACT 1976 SUMMARY OFFENCES (OFFENSIVE AND OTHER SECTION 27: INCORPORATION OF CEDUNA DISTRICT WEAPONS) AMENDMENT ACT 1998 (Act No. 78 of HEALTH SERVICES INCORPORATED 1998): DAY OF COMMENCEMENT Proclamation By The Governor Proclamation By The Governor (L.S.) E. J. NEAL (L.S.) E. J. NEAL Preamble WITH the advice and consent of the Executive Council, I fix 17 December 2000 as the day on which the Summary Offences 1. The Ceduna Hospital Incorporated is incorporated under the (Offensive and other Weapons) Amendment Act 1998 will come South Australian Health Commission Act 1976 (see Gazette 18 into operation. October 1990 p. 1198; 6 April 1995 p. 1337). Given under my hand and the Public Seal of South Australia, at 2. The Far West Senior Citizens’ Village Incorporated is Adelaide, 23 November 2000. incorporated under the Associations Incorporation Act 1985. By command, MARK BRINDAL, for Premier AGCS 34/98 TEMP 1 3236 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

Department of the Premier and Cabinet Deputy Member: (from 23 November 2000 until 22 Adelaide, 23 November 2000 November 2003) HIS Excellency the Governor in Executive Council has been Gary Simpson (Deputy to Gardner) pleased to appoint the undermentioned to the Training Centre By command, Review Board, pursuant to the provisions of the Young Offenders MARK BRINDAL, for Premier Act 1993: MET 008/00CS Deputy Member: (from 23 November 2000 until 25 October 2002) Meredith Dickson (Deputy to Dore) Department of the Premier and Cabinet By command, Adelaide, 23 November 2000 HIS Excellency the Governor in Executive Council has removed MARK BRINDAL, for Premier Meredith Dixon from the position of deputy member of the ATTG 7/95CS Training Centre Review Board, pursuant to the Young Offenders Act 1993 and the Acts Interpretation Act 1915. Department of the Premier and Cabinet By command, Adelaide, 23 November 2000 MARK BRINDAL, for Premier HIS Excellency the Governor in Executive Council has been ATTG 7/95CS pleased to appoint the undermentioned to the Electricity Supply Industry Planning Council, pursuant to Section 6G (2) of the Electricity Act 1999: Department of the Premier and Cabinet Adelaide, 23 November 2000 Director: (from 23 November 2000 until 22 November 2002) HIS Excellency the Governor in Executive Council has been Robert Althoff) pleased to approve the ‘Instrument of Termination of Arrange- ments made between the Commonwealth and the State of South By command, Australia in Relation to the School and Gummy Shark Fisheries’. MARK BRINDAL, for Premier By command, TFD 108/00CS MARK BRINDAL, for Premier MPRI 076/2000CS Department of the Premier and Cabinet Adelaide, 23 November 2000 Department of the Premier and Cabinet HIS Excellency the Governor in Executive Council has been Adelaide, 23 November 2000 pleased to appoint the undermentioned to the Superannuation HIS Excellency the Governor in Executive Council has been Funds Management Corporation of South Australia Board (Funds pleased to execute on behalf of the State of South Australia the SA), pursuant to the provisions of the Superannuation Funds documents constituting the ‘Offshore Constitutional Settlement Management Corporation of South Australia Act 1995: Arrangements between the Commonwealth of Australia and the Director: (from 1 January 2001 until 31 December 2003) State of South Australia with respect to the School and Gummy Helen Marion Nugent Shark Fishery in Waters Relevant to South Australia’, and the ‘Offshore Constitutional Settlement Arrangements between the Director: (from 16 February 2001 until 15 February 2004) Commonwealth of Australia and the State of South Australia with Leigh Loddington Hall respect to the By-catch Fishery for School and Gummy Shark in By command, Waters Relevant to South Australia’. MARK BRINDAL, for Premier By command, TFD 102/98CS MARK BRINDAL, for Premier MPRI 076/2000CS Department of the Premier and Cabinet Adelaide, 23 November 2000 Department of the Premier and Cabinet HIS Excellency the Governor in Executive Council has been Adelaide, 23 November 2000 pleased to appoint the undermentioned to the Legal Practitioners HIS Excellency the Governor in Executive Council has been Conduct Board, pursuant to the provisions of the Legal pleased to declare that ‘The District Council of Loxton Practitioners Act 1981: Waikerie—Loxton (DC), Waikerie (DC), and Brown’s Well (DC) Deputy Member: (from 23 November 2000 until 23 April Development Plans—General Review and Consolidation—Plan 2003) Amendment’ will come into operation on an interim basis on 23 Prudence Reid (Deputy to Petraccaro) November 2000, pursuant to section 28 of the Develop-ment Act 1993. By command, By command, MARK BRINDAL, for Premier MARK BRINDAL, for Premier ATTG 38/94TC1CS MTUP-PL 29/00CS

Department of the Premier and Cabinet Department of the Premier and Cabinet Adelaide, 23 November 2000 Adelaide, 23 November 2000 HIS Excellency the Governor in Executive Council has been HIS Excellency the Governor in Executive Council has been pleased to appoint the undermentioned to the Construction pleased to declare the ‘Southern Mallee District Council Industry Training Board, pursuant to the provisions of the Development Plan—Consolidation and General Review—Plan Construction Industry Training Fund Act 1993: Amendment’ to be an authorised amendment and fix 23 Member: (from 23 November 2000 until 22 November November 2000 as the day on which it will come into operation, 2003) pursuant to section 27 (1) of the Development Act 1993. Brenton Gardner By command, MARK BRINDAL, for Premier MTUP-PL 43/99CS

OATHS ACT 1936 SECTION 33: NOTICE OF TERMINA- TION OF APPOINTMENT OF MANAGERS TO TAKE 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3237

DECLARATIONS AND ATTEST THE EXECUTION OF Dated 21 November 2000. INSTRUMENTS K. SARNECKIS, Acting Surveyor-General NOTICE DEHAA 09/1425 PURSUANT to subsection (3) of section 33 of the Oaths Act 1936, I give notice of the termination of the appointment of the following managers to take declarations and attest the execution of instruments under that section: CROWN LANDS ACT 1929: SECTION 5 Paolo Albino Bernik of the Commonwealth Bank TAKE NOTICE that pursuant to the Crown Lands Act 1929, I Shirley Cowley of the Adelaide Bank Limited KOSTAS SARNECKIS, Acting Surveyor-General and Delegate Nuala Marie Cully of the Commonwealth Bank appointed by IAIN EVANS, Minister for Environment and Gilbert Rowland Downs of the Commonwealth Bank Heritage, Minister of the Crown to whom the administration of Bryan Kilsby Hunt of the Westpac Banking Corporation the Crown Lands Act 1929 is committed DO HEREBY dedicate Anthony Ray Impett of the Commonwealth Bank the Crown Land defined in The Schedule as Public Roads. John William Koerber of the Commonwealth Bank Gael Elizabeth Pettingill of the Adelaide Bank Limited The Schedule Heather Joyce Slatter of the Commonwealth Bank Allotments 17, and 18 of DP 51587, Berri Irrigation Area, Claire Elizabeth Smith of the Adelaide Bank Limited being within the Berri Barmera district. Annette Monica Starr of the Commonwealth Bank Bianca Jane Wake of the Adelaide Bank Limited Dated 21 November 2000. Wendy Kaye Wombwell of the Adelaide Bank Limited. K. SARNECKIS, Acting Surveyor-General Dated 23 November 2000. DENR 11/0276 K. T. GRIFFIN, Attorney-General AGCS 48-99 DEVELOPMENT ACT 1993, SECTION 28 (1): DECLARA- TION OF INTERIM OPERATION OF THE DISTRICT CROWN LANDS ACT 1929: SECTION 5 COUNCIL OF LOXTON WAIKERIE—LOXTON (DC), TAKE NOTICE that pursuant to the Crown Lands Act 1929, I WAIKERIE (DC) AND BROWN’S WELL (DC) KOSTAS SARNECKIS, Acting Surveyor-General and Delegate DEVELOPMENT PLANS—GENERAL REVIEW AND appointed by IAIN EVANS, Minister for Environment and CONSOLIDATION PLAN AMENDMENT Heritage, Minister of the Crown to whom the administration of NOTICE the Crown Lands Act 1929 is committed DO HEREBY dedicate the Crown Land defined in The Schedule as a Recreation Reserve PURSUANT to section 28 (1) of the Development Act 1993, I, and declare that such land shall be under the care, control and the Governor, with the advice and consent of the Executive management of the Light Regional Council. Council, being of the opinion that it is necessary in the interest of the orderly and proper development of the area affected by The Schedule ‘The District Council of Loxton Waikerie—Loxton (DC), Allotment 21 of DP 49767, Hundred of Nuriootpa, County of Waikerie (DC) and Brown’s Well (DC) Development Plans— Light, exclusive of all necessary roads, being the whole of the General Review and Consolidation Plan Amendment’ that the land contained in Crown Record Volume 5684, Folio 741. Plan Amendment should come into operation without delay, declare that the Plan Amendment will come into operation on an Dated 21 November 2000. interim basis on 23 November 2000. K. SARNECKIS, Acting Surveyor-General Given under my hand at Adelaide, 23 November 2000. DENR 17/0643 E. J. NEAL, Governor MTUP CAB 29/00CS CROWN LANDS ACT 1929: SECTION 5 TAKE NOTICE that pursuant to the Crown Lands Act 1929, I KOSTAS SARNECKIS, Acting Surveyor-General and Delegate appointed by IAIN EVANS, Minister for Environment and DEVELOPMENT ACT 1993, SECTION 27 (1): SOUTHERN Heritage, Minister of the Crown to whom the administration of MALLEE DISTRICT COUNCIL—CONSOLIDATION AND the Crown Lands Act 1929 is committed DO HEREBY: GENERAL REVIEW PLAN AMENDMENT 1. Resume the land defined in The First Schedule. Preamble The Minister for Transport and Urban Planning has approved 2. Dedicate the Crown Land defined in The Second Schedule as the amendment entitled ‘Southern Mallee District Council— a Recreation Reserve and declare that such land shall be under Consolidation and General Review Plan Amendment’ (the Plan the care, control and management of the Wattle Range Amendment) and has referred it to the Governor. Council. NOTICE The First Schedule Recreation Reserve, allotment 189, Town of Nangwarry, PURSUANT to section 27 (1) of the Development Act 1993, I, Hundred of Nangwarry, County of Grey the proclamation of the Governor with the advice and consent of the Executive which, together with other land was published in the Government Council, declare the Plan Amendment to be an authorised Plan Gazette of 16 February 1978 at page 536, The First Schedule and Amendment and fix 23 November 2000, as the day on which it amended by proclamations published in the Government Gazettes will come into operation. of 15 November 1979 at pages 1255 and 1256 and 2 December Dated 23 November 2000. 1982 at page 1750, being the whole of the land comprised in E. J. NEAL, Governor Crown Record Volume 5685, Folio 166. MTUP CAB 43/99CS The Second Schedule Allotment 1 of DP 55559, Hundred of Nangwarry, County of Grey, exclusive of all necessary roads subject nevertheless to: 1. Existing easements to the Minister for Infrastructure over those portions of allotment 1 of DP 55559 marked A and B on DP 55559, more particularly described in Government Gazette of 2 December 1982 at page 1750, The Second Schedule. 2. An existing easement to the Commonwealth of Australia over that portion of allotment 1 of DP 55559 marked C on DP 55559, more particularly described in Government Gazette of 2 December 1982 at page 1750, The Second Schedule. 3238 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

O O Please note that the Email address for Government Gazette notices has been changed. The new Email address is: [email protected] O O O 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3239

FISHERIES ACT 1982 6.4 must mark the site boundary in accordance with the specifications in Schedule 1 of this licence. MARINE MOLLUSC FARMING LICENCE FM00020 (PREVIOUS LICENCE NO. F511) 7. Site Inspection and Supervision Licence to Farm Fish under section 53 of the Fisheries The licensee: Act 1982 7.1 must at all times permit the Minister, his employees, WHEREAS the Director of Fisheries has, pursuant to section agents or contractors or any employees, agents or 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to contractors of the Crown to enter the site for the the undermentioned licensee to release the fish specified in purposes of inspecting the site, the sea floor and the Item 1 of Schedule 2 of this licence (‘the permitted species’), the flora and fauna on or in the vicinity of the site; and Minister for Primary Industries (‘the Minister’) hereby grants to: 7.2 must comply with all reasonable directions of any such G. J. Olds (12140) person authorised by the Director of Fisheries to inspect 63 Esplanade Avenue the conduct of the licensee’s activities at the site. Coffin Bay, S.A. 5607 8. Fees and Returns 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 The licensee: farming and taking the permitted species (‘the permitted use’) for 8.1 must pay to the Minister the licence fee in accordance the period commencing on 1 July 2000 and ending, subject to any with Item l of Schedule 3 of this licence; earlier termination under this licence, on 30 June 2001 (‘the term’) subject to the following terms and conditions: 8.2 must on or before 31 January and 31 July during the term, submit to the Minister a return supplying all of CONDITIONS OF THIS LICENCE the information described in Schedule 4 of this licence. 1. Licence 9. Compliance With Relevant Laws The parties acknowledge and agree that: 9.1 the licensee must at all times comply with all laws, by- 1.1 the rights, powers and privileges granted to or vested in laws or regulations in force which relate to the site or the licensee under this licence are contractual only and the activities conducted in the site and with all notices, shall not create or vest in the licensee any estate, orders or requirements lawfully given or made by any interest or right of a proprietary nature in the site; and authority or authorities in respect of the site; 1.2 that, subject to section 53A of the Fisheries Act 1982, 9.2 in particular, without derogating from the general this licence does not entitle the licensee to exclusive requirement under condition 9 of this licence: rights of entry to and occupation of the site and that the rights granted by this licence are exercisable by the 9.2.1 the licensee must not do or permit to be done in licensee in common with any other occupiers of the site upon or about the site anything which in the from time to time. opinion of the Minister would cause or contribute to the degradation or pollution of any coastal 2. Marked-off Areas land or the surrounding marine environment; and For the purposes of section 53A of the Fisheries Act 1982, the 9.2.2 in the event that the Minister is satisfied, on marked-off areas within the site is that area or those areas reasonable grounds, that the fish taken from the marked-off or indicated in the manner set out in Item 2 of waters are not fit for human consumption or that Schedule 1 of this licence. consumption of fish taken from the waters could 3. Permitted Species present a danger to the health of the consumer, The licensee: the licensee must, in accordance with a written notice from the Minister, cease or suspend the 3.1 must not farm or introduce any species at the site other conduct of the permitted use or else conduct the than the permitted species; and permitted use as directed within the notice. 3.2 must not take any wild fish from the site except for 10. Public Risk Liability recreational purposes. Permitted Use The licensee must at all times indemnify the Minister, his 4. officers, employees, contractors and agents from and against all The licensee must not use the site for any purpose other than claims, demands, actions, judgments, proceedings, damages, losses, the permitted use. costs, charges and expenses in respect of any loss of life, personal 5. Permitted Methods injury and/or damage to property caused or suffered in any manner in or about the site. The licensee: 11. Release 5.1 must not stock the permitted species at a rate greater than that specified in Schedule 2 of this licence; The licensee must use and keep the site at the risk in all things 5.2 must not use the anti-fouling chemical tributyltin (TBT) of the licensee and the licensee must release to the full extent on any equipment used at the site; permitted by law the Minister, his agents, contractors and servants in the absence of any wilful act, omission, default or 5.3 must not use any chemical or drug for either therapeutic neglect on their part from all claims and demands of every kind or prophylactic purpose except with the prior approval resulting from any accident damage or injury to persons or of the Minister; property occurring at the site, including loss or damage to the 5.4 must apply the permitted farming methods set out in licensee’s fixtures or personal property of the licensee. Item 2 of Schedule 2 of this licence. 12. Public Risk Insurance 6. 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 6.1 must ensure that the site is maintained in a good, tidy the permitted use a policy of public risk insurance in the joint and safe condition to the satisfaction of the Minister; names of the licensee and the Minister in which the limits of public risk shall not be less than the amount specified in Item 2 of 6.2 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 6.3 must maintain all buoys, crosses, and markers on the site being made by the Minister for its production. in good condition and in accordance with the colours 13. Guarantee or Indemnity Scheme specified in Schedule 1 of this licence; and The licensee must either: 13.1 provide a guarantee from its bankers; or 3240 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

13.2 contribute to an indemnity scheme established for 16.3 a reference to a body corporate shall include a the aquaculture and fisheries industry and approved by natural person and vice versa; the Minister, 16.4 a reference to a recital, party, clause, Schedule or to and in favour of and for the benefit of the Minister by way of Annexure is a reference to a recital, party, clause, security for the due and punctual performance by the licensee of Schedule or Annexure of this licence; the terms and conditions of this licence and in particular the 16.5 the captions, headings, section numbers and clause obligations of the licensee to rehabilitate the site immediately numbers appearing in this licence are inserted only as prior to the expiration or sooner determination of the term of a matter of convenience and in no way affect the this licence. Such guarantee or indemnity scheme must have construction of this licence; effect from the date of commencement of the term. No Assignment 16.6 a reference to a statute shall include all statutes 14. amending, consolidating or replacing the statutes The licensee acknowledges that this licence is personal and it referred to; must not assign or sublet or deal in any other way with any 16.7 where two or more persons are named as licensees, interest in this licence. this licence shall bind the licensees jointly and each of 15. Default by Licensee and Termination them severally; and The Minister may terminate this licence immediately by notice 16.8 time is of the essence in respect of any obligation in writing served on the licensee if: relating to time in this licence. 15.1 the licensee commits or permits any breach or 17. Delegation default of the obligations imposed on the licensee by Any consent, notice, any consultation or any other thing this licence, and following the giving by the Minister which is pursuant to the terms of this licence either required to be of written notice of such breach or default, the given, done or performed or which may be given, done or licensee either fails to rectify such breach or default performed by the Minister may for the purposes of this licence be within one calendar month of the date of such notice properly given, done or performed by any duly authorised agent (or earlier if the circumstances require) or fails to or employee of the Minister. make diligent progress towards rectifying any such breach which is incapable of rectification within the 18. Severance time so limited; or If any term or condition of this licence should be for any 15.2 the licensee commits or permits any further breach reason unlawful, void, invalid or unenforceable then the offending or default of the obligations imposed on the licensee term or condition shall be severed from this licence without by this licence for which the Minister has previously affecting the validity or enforceability of the remainder of this given notice in writing of such breach or default licence. pursuant to paragraph 1 of condition 15.1 notwith- 19. Modification standing rectification of the previous breach or default; or No variation of or addition to any provision of this licence shall be binding upon the Minister and the licensee unless such 15.3 the licence fee referred to in condition 8 is unpaid variation or addition is made in writing, signed by both the for a period of 14 days after notice has been given to Minister and the licensee and expressed to be either supplemental the licensee that it is outstanding; or to or in substitution for the whole or a part of this licence. 15.4 if the licensee is a body corporate, any of the 20. Waiver following occur: 20.1 A waiver of any provision of this licence by the 15.4.1 the licensee is unable to pay its debts as and Minister must both be in writing and be signed by the when they fall due or is otherwise insolvent; Minister or by persons duly authorised to execute such 15.4.2 an order is made for the winding up or a document on the Minister’s part. liquidation of the licensee; 20.2 No waiver by the Minister of a breach of a term or 15.4.3 the licensee enters into a scheme of condition contained in this licence shall operate as a arrangement, compromise, moratorium or waiver of any breach of the same or any other term other form of composition with its creditors or condition contained in this licence. or any class of its creditors; 20.3 No forbearance, delay or indulgence by the Minister 15.4.4 a receiver, a manager or a receiver and in enforcing the provisions of this licence shall manager, a company administrator or other prejudice or restrict the rights of the Minister. insolvency administrator is appointed to the 21. Notices licensee; or 21.1 Notices may be served by delivering the same 15.4.5 a mortgagee, chargee or other encum- personally, by mail or facsimile transmission and shall brancee is appointed over or takes be: possession of or appoints an agent to take possession of all or any of the licensee’s 21.1.1 in writing addressed to the Director of assets; or Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 (in the case of 15.5 if the licensee is an individual, the licensee: the Minister) and to the address of the 15.5.1 becomes bankrupt or assigns its estate or licensee set out above (in the case of the enters into a deed of arrangement or other licensee); form of composition for the benefit of the 21.1.2 signed by or on behalf of the sender or by a licensee’s creditors; or person duly authorised in that regard by the 15.5.2 is convicted of an indictable offence. sender; Termination of this licence by the Minister shall be 21.1.3 deemed to be duly served or made in the without prejudice to any rights, remedies or actions following circumstances: that the Minister may have against the licensee in (a) if delivered, upon delivery; respect of any antecedent breach by the licensee of the terms and conditions contained in this licence. (b) if sending by mail, upon posting; 16. Interpretation (c) if sent by facsimile transmission, upon the sender’s facsimile producing a Subject to any inconsistency of subject or context, the transmission report that the facsimile following rules of construction shall be used in the interpretation was satisfactorily sent in its entirety to of this licence: the addressee’s facsimile number, 16.1 any word importing the plural includes the singular but if delivery is not made before 5 p.m. on and vice versa; any day it shall be deemed to be received at 16.2 any wording importing a gender shall include all 9 a.m. on the next day in that place. other genders; 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3241

21.2 The Minister and the licensee may each vary their SCHEDULE 2 address or facsimile number at any time by written Item 1¾Permitted Species notice. The Director of Fisheries has, pursuant to section 50 (2) of the Granted by the General Manager Aquaculture, delegate of the Act, issued a permit for the release of the fish specified in this Minister, on 14 November 2000. Schedule. I. NIGHTINGALE, General Manager Aquaculture Pacific Oysters (Crassostrea gigas) The licensee hereby acknowledges and agrees to the terms and Item 2¾Permitted Farming Methods conditions of this licence. Longlines Signed by the said G. OLDS Each unit must not exceed 100 m in length and 2 m in width, In the presence of: P. OLDS, Witness and each unit must be at least 6 m from any other unit. SCHEDULE 1 Item 3¾Stocking Rates Item 1—The Site Oysters Area applicable to this licence: Size (mm) Number per Hectare Licensed Area Licensed 3 2 500 000 Hectares 10 1 600 000 AGD 66—Zone 53 20 1 100 000 538374E 6171733N 2 30 750 000 538290E 6171764N 40 500 000 538108E 6171527N 50 350 000 538192E 6171497N 60 200 000 All structures, equipment, buoys and flotations (except for that 70 150 000 required by the Department for Transport, Urban Planning and 80 100 000 the Arts) must be black, dark grey, dark blue, dark brown, or dark SCHEDULE 3 green coloured materials. Item 1—Fees The boundary of the site to be marked either with: Annual licence fees are: (a) (1) At the corners with posts extending 900 mm above $ mean high water springs. Such posts to be marked with a St Andrews cross, each cross arm measuring FRDC Levy per hectare 2 at $9.50 each...... 19.00 900 mm from tip to tip, minimum width 75 mm. EMP Fee per hectare 2 at $17.70 each...... 35.40 Base Licence Fee per hectare 2 at $66 each...... 132.00 (2) Posts to be not less than 125 mm in diameter. SASQAP (Classified Area) per hectare 2 at $80 each ..... 160.00 (3) Posts and crosses to be painted yellow. Total Annual Licence Fee...... 346.40 (4) The ends of each cross to be marked with a Quarterly Instalments...... 86.60 200 mm strip of yellow retro-reflective tape. Item 2—Public Risk Insurance (5) Between the corner posts at intervals not exceeding Five million dollars ($5 000 000). 50 m, buoys not less than 300 mm in diameter. SCHEDULE 4 (6) All buoys, posts, crosses and markers must be maintained in good condition. Returns or The licensee must submit the following information to the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 (b) (1) At each corner, yellow spar buoys with a St Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and Andrews cross as a top mark placed at least 31 July during the term of this licence: 900 mm above the buoy, cross arms 900 mm long x 75 mm wide. 1. Name of licensee. (2) The buoys and topmarks must all be coloured 2. Address of licensee. yellow and marked with a yellow retro-reflective as 3. Species of fish farmed and held on the site. in (a) (4). 4. Location of aquaculture operation. (3) 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. When the site is in navigable water and a possible danger to navigation, lights must be placed on the top of each St Andrews 7. Number, weight and value of each species of fish held. cross that is located at each corner of the site and these lights 8. Details of any disease detected in any fish kept. must be yellow in colour and flashing once every 4 seconds and 9. Source (whether interstate or intrastate) of any stock visible over an arc of 360 degrees for a distance of at least one acquired and date of acquisition (if relevant, include name mile. of authority that provided certification that stock was Item 2—Marked-Off Areas free from disease). [Co-ordinates of developed areas within the site to be provided 10. If any fish were brought into the state, the number of by the licensee.] fish and the life stage of the fish. White buoys of at least 12 inches in diameter must be placed 11. If fish were brought into the state, the purpose for which around the whole of the perimeter of the developed areas within they were brought in. the site at a distance of no less than 50 m from one another. 12. Method of disposal of water and packaging use for transporting the fish. 13. If any disease or symptom of disease occurred in the acquired fish. 14. Method of disposal of diseased or dead fish and the number disposed of. 15. Signature, date and telephone number. 16. Use of any chemicals for fish husbandry—type of chemical and quantity used, purpose and date of use.

FISHERIES ACT 1982 MARINE MOLLUSC FARMING LICENCE FM00031 3242 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

(PREVIOUS LICENCE NO. F529) 7.1 must at all times permit the Minister, his employees, Licence to Farm Fish under section 53 of the Fisheries agents or contractors or any employees, agents or Act 1982 contractors of the Crown to enter the site for the purposes of inspecting the site, the sea floor and the WHEREAS the Director of Fisheries has, pursuant to section flora and fauna on or in the vicinity of the site; and 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to the undermentioned licensee to release the fish specified in 7.2 must comply with all reasonable directions of any such Item 1 of Schedule 2 of this licence (‘the permitted species’), the person authorised by the Director of Fisheries to inspect Minister for Primary Industries (‘the Minister’) hereby grants to: the conduct of the licensee’s activities at the site. Fees and Returns Leon K. Stott (13009) 8. Sections 4 and 5, Hundred of Moule The licensee: Ceduna, S.A. 5690 8.1 must pay to the Minister the licence fee in accordance a non-exclusive licence to occupy and use the waters specified in with Item l of Schedule 3 of this licence; Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of 8.2 must on or before 31 January and 31 July during the farming and taking the permitted species (‘the permitted use’) for term, submit to the Minister a return supplying all of the period commencing on 1 July 2000 and ending, subject to any the information described in Schedule 4 of this licence. earlier termination under this licence, on 30 June 2001 (‘the term’) subject to the following terms and conditions: 9. Compliance With Relevant Laws CONDITIONS OF THIS LICENCE 9.1 the licensee must at all times comply with all laws, by- 1. Licence laws or regulations in force which relate to the site or the activities conducted in the site and with all notices, The parties acknowledge and agree that: orders or requirements lawfully given or made by any 1.1 the rights, powers and privileges granted to or vested in authority or authorities in respect of the site; the licensee under this licence are contractual only and 9.2 in particular, without derogating from the general shall not create or vest in the licensee any estate, requirement under condition 9 of this licence: interest or right of a proprietary nature in the site; and 9.2.1 the licensee must not do or permit to be done in 1.2 that, subject to section 53A of the Fisheries Act 1982, upon or about the site anything which in the this licence does not entitle the licensee to exclusive opinion of the Minister would cause or contribute rights of entry to and occupation of the site and that to the degradation or pollution of any coastal the rights granted by this licence are exercisable by the land or the surrounding marine environment; and licensee in common with any other occupiers of the site from time to time. 9.2.2 in the event that the Minister is satisfied, on Marked-off Areas reasonable grounds, that the fish taken from the 2. waters are not fit for human consumption or that For the purposes of section 53A of the Fisheries Act 1982, the consumption of fish taken from the waters could marked-off areas within the site is that area or those areas present a danger to the health of the consumer, marked-off or indicated in the manner set out in Item 2 of the licensee must, in accordance with a written Schedule 1 of this licence. notice from the Minister, cease or suspend the 3. Permitted Species conduct of the permitted use or else conduct the permitted use as directed within the notice. The licensee: 10. Public Risk Liability 3.1 must not farm or introduce any species at the site other than the permitted species; and The licensee must at all times indemnify the Minister, his officers, employees, contractors and agents from and against all 3.2 must not take any wild fish from the site except for claims, demands, actions, judgments, proceedings, damages, losses, recreational purposes. costs, charges and expenses in respect of any loss of life, personal 4. Permitted Use injury and/or damage to property caused or suffered in any manner in or about the site. The licensee must not use the site for any purpose other than the permitted use. 11. Release 5. Permitted Methods 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 The licensee: permitted by law the Minister, his agents, contractors and 5.1 must not stock the permitted species at a rate greater servants in the absence of any wilful act, omission, default or than that specified in 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 5.2 must not use the anti-fouling chemical tributyltin (TBT) property occurring at the site, including loss or damage to the on any equipment used at the site; licensee’s fixtures or personal property of the licensee. 5.3 must not use any chemical or drug for either therapeutic 12. Public Risk Insurance or prophylactic purpose except with the prior approval of the Minister; 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 5.4 must apply the permitted farming methods set out in the permitted use a policy of public risk insurance in the joint Item 2 of Schedule 2 of this licence. names of the licensee and the Minister in which the limits of 6. Marking and Maintaining the Site public risk shall not be less than the amount specified in Item 2 of Schedule 3 of this licence, or such further amount as the Minister The licensee: may from time to time reasonably require, as the amount which 6.1 must ensure that the site is maintained in a good, tidy may be paid out in respect of any one single claim and a policy of and safe condition to the satisfaction of the Minister; insurance or copy thereof or a certificate of insurance shall be produced by the licensee to the Minister on request in writing 6.2 must remove and lawfully dispose of any waste or debris being made by the Minister for its production. on the site as soon as is reasonably practicable and in particular must comply with any guidelines issued from 13. Guarantee or Indemnity Scheme time to time by the Minister in relation to the removal The licensee must either: from the site of any unhealthy or dead fish; 13.1 provide a guarantee from its bankers; or 6.3 must maintain all buoys, crosses, and markers on the site in good condition and in accordance with the colours 13.2 contribute to an indemnity scheme established for specified in Schedule 1 of this licence; and the aquaculture and fisheries industry and approved by the Minister, 6.4 must mark the site boundary in accordance with the specifications in Schedule 1 of this licence. 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 7. Site Inspection and Supervision the terms and conditions of this licence and in particular the The licensee: obligations of the licensee to rehabilitate the site immediately 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3243 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 Delegation this licence, and following the giving by the Minister 17. 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 If any term or condition of this licence should be for any or default of the obligations imposed on the licensee reason unlawful, void, invalid or unenforceable then the offending by this licence for which the Minister has previously term or condition shall be severed from this licence without given notice in writing of such breach or default affecting the validity or enforceability of the remainder of this pursuant to paragraph 1 of condition 15.1 notwith- licence. standing rectification of the previous breach or 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 Minister and the licensee and expressed to be either supplemental 15.4 if the licensee is a body corporate, any of the to or in substitution for the whole or a part of this licence. following occur: 20. Waiver 15.4.1 the licensee is unable to pay its debts as and when they fall due or is otherwise insolvent; 20.1 A waiver of any provision of this licence by the Minister must both be in writing and be signed by the 15.4.2 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. 15.4.3 the licensee enters into a scheme of 20.2 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. 15.4.4 a receiver, a manager or a receiver and 20.3 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 21. Notices 15.4.5 a mortgagee, chargee or other encum- brancee is appointed over or takes 21.1 Notices may be served by delivering the same possession of or appoints an agent to take personally, by mail or facsimile transmission and shall possession of all or any of the licensee’s be: assets; or 21.1.1 in writing addressed to the Director of 15.5 if the licensee is an individual, the licensee: Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 (in the case of 15.5.1 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 21.1.2 signed by or on behalf of the sender or by a 15.5.2 is convicted of an indictable offence. person duly authorised in that regard by the Termination of this licence by the Minister shall be sender; without prejudice to any rights, remedies or actions 21.1.3 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 the terms and conditions contained in this licence. (a) if delivered, upon delivery; 16. Interpretation (b) if sending by mail, upon posting; Subject to any inconsistency of subject or context, the (c) if sent by facsimile transmission, upon following rules of construction shall be used in the interpretation the sender’s facsimile producing a of this licence: transmission report that the facsimile was satisfactorily sent in its entirety to 16.1 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 16.2 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. 16.3 a reference to a body corporate shall include a vice versa 21.2 The Minister and the licensee may each vary their natural person and ; address or facsimile number at any time by written 16.4 a reference to a recital, party, clause, Schedule or notice. Annexure is a reference to a recital, party, clause, Granted by the General Manager Aquaculture, delegate of the Schedule or Annexure of this licence; Minister, on 14 November 2000. 3244 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

I. NIGHTINGALE, General Manager Aquaculture SCHEDULE 2 The licensee hereby acknowledges and agrees to the terms and Item 1¾Permitted Species conditions of this licence. The Director of Fisheries has, pursuant to section 50 (2) of the Signed by the said L. STOTT Act, issued a permit for the release of the fish specified in this Schedule. In the presence of: G. GARDNER, Witness Pacific Oysters (Crassostrea gigas) SCHEDULE 1 Item 1—The Site Item 2¾Permitted Farming Methods Longlines Area applicable to this licence: Licensed Area Licensed Each structure must comply with the construction requirements Hectares specified in the Decision Notification form issued for the site AGD 66—Zone 53 under Regulation 42 of the Development Regulation Act 1993. 366054E 6444507N 10 Item 3¾Stocking Rates 366337E 6444491N Oysters 366412E 6444182N 366038E 6444204N Size (mm) Number per Hectare 3 2 500 000 All structures, equipment, buoys and flotations (except for that 10 1 600 000 required by the Department for Transport, Urban Planning and 20 1 100 000 the Arts) must be black, dark grey, dark blue, dark brown, or dark 30 750 000 green coloured materials. 40 500 000 The boundary of the site to be marked either with: 50 350 000 (a) (1) At the corners with posts extending 900 mm above 60 200 000 mean high water springs. Such posts to be marked 70 150 000 with a St Andrews cross, each cross arm measuring 80 100 000 900 mm from tip to tip, minimum width 75 mm. SCHEDULE 3 (2) Posts to be not less than 125 mm in diameter. Item 1—Fees (3) Posts and crosses to be painted yellow. Annual licence fees are: (4) The ends of each cross to be marked with a $ 200 mm strip of yellow retro-reflective tape. FRDC Levy per hectare 10 at $9.50 each...... 95.00 (5) Between the corner posts at intervals not exceeding EMP Fee per hectare 10 at $17.70 each...... 177.00 50 m, buoys not less than 300 mm in diameter. Base Licence Fee per hectare 10 at $66 each...... 660.00 SASQAP (Classified Area) per hectare 10 at $80 each 800.00 (6) All buoys, posts, crosses and markers must be maintained in good condition. Total Annual Licence Fee...... 1 732.00 Quarterly Instalments...... 433.00 or Item 2—Public Risk Insurance (b) (1) At each corner, yellow spar buoys with a St Andrews cross as a top mark placed at least Five million dollars ($5 000 000). 900 mm above the buoy, cross arms 900 mm long x SCHEDULE 4 75 mm wide. Returns (2) The buoys and topmarks must all be coloured yellow and marked with a yellow retro-reflective as The licensee must submit the following information to the in (a) (4). Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and (3) All buoys, posts, crosses and markers must be 31 July during the term of this licence: maintained in good condition. 1. Name of licensee. When the site is in navigable water and a possible danger to navigation, lights must be placed on the top of each St Andrews 2. Address of licensee. cross that is located at each corner of the site and these lights 3. Species of fish farmed and held on the site. must be yellow in colour and flashing once every 4 seconds and 4. Location of aquaculture operation. visible over an arc of 360 degrees for a distance of at least one mile. 5. Period covered by return. Item 2—Marked-Off Areas 6. Number of life stage of each species of fish held. [Co-ordinates of developed areas within the site to be provided 7. Number, weight and value of each species of fish held. by the licensee.] 8. Details of any disease detected in any fish kept. White buoys of at least 12 inches in diameter must be placed 9. Source (whether interstate or intrastate) of any stock around the whole of the perimeter of the developed areas within acquired and date of acquisition (if relevant, include name the site at a distance of no less than 50 m from one another. of authority that provided certification that stock was free from disease). 10. If any fish were brought into the state, the number of fish and the life stage of the fish. 11. If fish were brought into the state, the purpose for which they were brought in. 12. Method of disposal of water and packaging use for transporting the fish. 13. If any disease or symptom of disease occurred in the acquired fish. 14. Method of disposal of diseased or dead fish and the number disposed of. 15. Signature, date and telephone number. 16. Use of any chemicals for fish husbandry—type of chemical and quantity used, purpose and date of use. FISHERIES ACT 1982 MARINE MOLLUSC FARMING LICENCE FM00032 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3245

(PREVIOUS LICENCE NO. F530) 7.1 must at all times permit the Minister, his employees, Licence to Farm Fish under section 53 of the Fisheries agents or contractors or any employees, agents or Act 1982 contractors of the Crown to enter the site for the purposes of inspecting the site, the sea floor and the WHEREAS the Director of Fisheries has, pursuant to section flora and fauna on or in the vicinity of the site; and 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to the undermentioned licensee to release the fish specified in 7.2 must comply with all reasonable directions of any such Item 1 of Schedule 2 of this licence (‘the permitted species’), the person authorised by the Director of Fisheries to inspect Minister for Primary Industries (‘the Minister’) hereby grants to: the conduct of the licensee’s activities at the site. Fees and Returns West-Eyre Shellfish (12154) 8. 59 Bergmann Drive The licensee: Ceduna, S.A. 5690 8.1 must pay to the Minister the licence fee in accordance a non-exclusive licence to occupy and use the waters specified in with Item l of Schedule 3 of this licence; Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of 8.2 must on or before 31 January and 31 July during the farming and taking the permitted species (‘the permitted use’) for term, submit to the Minister a return supplying all of the period commencing on 1 July 2000 and ending, subject to any the information described in Schedule 4 of this licence. earlier termination under this licence, on 30 June 2001 (‘the term’) subject to the following terms and conditions: 9. Compliance With Relevant Laws CONDITIONS OF THIS LICENCE 9.1 the licensee must at all times comply with all laws, by- 1. Licence laws or regulations in force which relate to the site or the activities conducted in the site and with all notices, The parties acknowledge and agree that: orders or requirements lawfully given or made by any 1.1 the rights, powers and privileges granted to or vested in authority or authorities in respect of the site; the licensee under this licence are contractual only and 9.2 in particular, without derogating from the general shall not create or vest in the licensee any estate, requirement under condition 9 of this licence: interest or right of a proprietary nature in the site; and 9.2.1 the licensee must not do or permit to be done in 1.2 that, subject to section 53A of the Fisheries Act 1982, upon or about the site anything which in the this licence does not entitle the licensee to exclusive opinion of the Minister would cause or contribute rights of entry to and occupation of the site and that to the degradation or pollution of any coastal the rights granted by this licence are exercisable by the land or the surrounding marine environment; and licensee in common with any other occupiers of the site from time to time. 9.2.2 in the event that the Minister is satisfied, on Marked-off Areas reasonable grounds, that the fish taken from the 2. waters are not fit for human consumption or that For the purposes of section 53A of the Fisheries Act 1982, the consumption of fish taken from the waters could marked-off areas within the site is that area or those areas present a danger to the health of the consumer, marked-off or indicated in the manner set out in Item 2 of the licensee must, in accordance with a written Schedule 1 of this licence. notice from the Minister, cease or suspend the 3. Permitted Species conduct of the permitted use or else conduct the permitted use as directed within the notice. The licensee: 10. Public Risk Liability 3.1 must not farm or introduce any species at the site other than the permitted species; and The licensee must at all times indemnify the Minister, his officers, employees, contractors and agents from and against all 3.2 must not take any wild fish from the site except for claims, demands, actions, judgments, proceedings, damages, losses, recreational purposes. costs, charges and expenses in respect of any loss of life, personal 4. Permitted Use injury and/or damage to property caused or suffered in any manner in or about the site. The licensee must not use the site for any purpose other than the permitted use. 11. Release 5. Permitted Methods 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 The licensee: permitted by law the Minister, his agents, contractors and 5.1 must not stock the permitted species at a rate greater servants in the absence of any wilful act, omission, default or than that specified in 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 5.2 must not use the anti-fouling chemical tributyltin (TBT) property occurring at the site, including loss or damage to the on any equipment used at the site; licensee’s fixtures or personal property of the licensee. 5.3 must not use any chemical or drug for either therapeutic 12. Public Risk Insurance or prophylactic purpose except with the prior approval of the Minister; 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 5.4 must apply the permitted farming methods set out in the permitted use a policy of public risk insurance in the joint Item 2 of Schedule 2 of this licence. names of the licensee and the Minister in which the limits of 6. Marking and Maintaining the Site public risk shall not be less than the amount specified in Item 2 of Schedule 3 of this licence, or such further amount as the Minister The licensee: may from time to time reasonably require, as the amount which 6.1 must ensure that the site is maintained in a good, tidy may be paid out in respect of any one single claim and a policy of and safe condition to the satisfaction of the Minister; insurance or copy thereof or a certificate of insurance shall be produced by the licensee to the Minister on request in writing 6.2 must remove and lawfully dispose of any waste or debris being made by the Minister for its production. on the site as soon as is reasonably practicable and in particular must comply with any guidelines issued from 13. Guarantee or Indemnity Scheme time to time by the Minister in relation to the removal The licensee must either: from the site of any unhealthy or dead fish; 13.1 provide a guarantee from its bankers; or 6.3 must maintain all buoys, crosses, and markers on the site in good condition and in accordance with the colours 13.2 contribute to an indemnity scheme established for specified in Schedule 1 of this licence; and the aquaculture and fisheries industry and approved by the Minister, 6.4 must mark the site boundary in accordance with the specifications in Schedule 1 of this licence. 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 7. Site Inspection and Supervision the terms and conditions of this licence and in particular the The licensee: obligations of the licensee to rehabilitate the site immediately 3246 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000 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 Delegation this licence, and following the giving by the Minister 17. 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 If any term or condition of this licence should be for any or default of the obligations imposed on the licensee reason unlawful, void, invalid or unenforceable then the offending by this licence for which the Minister has previously term or condition shall be severed from this licence without given notice in writing of such breach or default affecting the validity or enforceability of the remainder of this pursuant to paragraph 1 of condition 15.1 notwith- licence. standing rectification of the previous breach or 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 Minister and the licensee and expressed to be either supplemental 15.4 if the licensee is a body corporate, any of the to or in substitution for the whole or a part of this licence. following occur: 20. Waiver 15.4.1 the licensee is unable to pay its debts as and when they fall due or is otherwise insolvent; 20.1 A waiver of any provision of this licence by the Minister must both be in writing and be signed by the 15.4.2 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. 15.4.3 the licensee enters into a scheme of 20.2 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. 15.4.4 a receiver, a manager or a receiver and 20.3 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 21. Notices 15.4.5 a mortgagee, chargee or other encum- brancee is appointed over or takes 21.1 Notices may be served by delivering the same possession of or appoints an agent to take personally, by mail or facsimile transmission and shall possession of all or any of the licensee’s be: assets; or 21.1.1 in writing addressed to the Director of 15.5 if the licensee is an individual, the licensee: Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 (in the case of 15.5.1 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 21.1.2 signed by or on behalf of the sender or by a 15.5.2 is convicted of an indictable offence. person duly authorised in that regard by the Termination of this licence by the Minister shall be sender; without prejudice to any rights, remedies or actions 21.1.3 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 the terms and conditions contained in this licence. (a) if delivered, upon delivery; 16. Interpretation (b) if sending by mail, upon posting; Subject to any inconsistency of subject or context, the (c) if sent by facsimile transmission, upon following rules of construction shall be used in the interpretation the sender’s facsimile producing a of this licence: transmission report that the facsimile was satisfactorily sent in its entirety to 16.1 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 16.2 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. 16.3 a reference to a body corporate shall include a vice versa 21.2 The Minister and the licensee may each vary their natural person and ; address or facsimile number at any time by written 16.4 a reference to a recital, party, clause, Schedule or notice. Annexure is a reference to a recital, party, clause, Granted by the General Manager Aquaculture, delegate of the Schedule or Annexure of this licence; Minister, on 14 November 2000. 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3247

I. NIGHTINGALE, General Manager Aquaculture 10 1 600 000 The licensee hereby acknowledges and agrees to the terms and 20 1 100 000 conditions of this licence. 30 750 000 40 500 000 Signed by the said G. SEIDEL 50 350 000 and A. SEIDEL 60 200 000 70 150 000 In the presence of: S. SPRIGGS, Witness 80 100 000 SCHEDULE 1 SCHEDULE 3 Item 1—The Site Item 1—Fees Area applicable to this licence: Annual licence fees are: Licensed Area Licensed $ Hectares FRDC Levy per hectare 10 at $9.50 each...... 95.00 AGD 66—Zone 53 EMP Fee per hectare 10 at $17.70 each...... 177.00 366065E 6444603N 10 Base Licence Fee per hectare 10 at $66 each...... 660.00 366083E 6444933N SASQAP (Classified Area) per hectare 10 at $80 each 800.00 366385E 6444920N Total Annual Licence Fee...... 1 732.00 366368E 6444591N Quarterly Instalments...... 433.00 All structures, equipment, buoys and flotations (except for that required by the Department for Transport, Urban Planning and Item 2—Public Risk Insurance the Arts) must be black, dark grey, dark blue, dark brown, or dark Five million dollars ($5 000 000). green coloured materials. SCHEDULE 4 The boundary of the site to be marked either with: Returns (a) (1) At the corners with posts extending 900 mm above 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 31 July during the term of this licence: (2) Posts to be not less than 125 mm in diameter. 1. Name of licensee. (3) Posts and crosses to be painted yellow. 2. Address of licensee. (4) The ends of each cross to be marked with a 3. Species of fish farmed and held on the site. 200 mm strip of yellow retro-reflective tape. 4. Location of aquaculture operation. (5) Between the corner posts at intervals not exceeding 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 9. Source (whether interstate or intrastate) of any stock Andrews cross as a top mark placed at least acquired and date of acquisition (if relevant, include name 900 mm above the buoy, cross arms 900 mm long x of authority that provided certification that stock was 75 mm wide. free from disease). (2) The buoys and topmarks must all be coloured 10. If any fish were brought into the state, the number of yellow and marked with a yellow retro-reflective as fish and the life stage of the fish. in (a) (4). 11. If fish were brought into the state, the purpose for which (3) All buoys, posts, crosses and markers must be they were brought in. maintained in good condition. 12. Method of disposal of water and packaging use for When the site is in navigable water and a possible danger to transporting the fish. navigation, lights must be placed on the top of each St Andrews 13. If any disease or symptom of disease occurred in the cross that is located at each corner of the site and these lights acquired fish. must be yellow in colour and flashing once every 4 seconds and 14. Method of disposal of diseased or dead fish and the visible over an arc of 360 degrees for a distance of at least one number disposed of. mile. 15. Signature, date and telephone number. Item 2—Marked-Off Areas 16. Use of any chemicals for fish husbandry—type of [Co-ordinates of developed areas within the site to be provided chemical and quantity used, purpose and date of use. by the licensee.] White buoys of at least 12 inches in diameter must be placed FISHERIES ACT 1982 around the whole of the perimeter of the developed areas within the site at a distance of no less than 50 m from one another. MARINE MOLLUSC FARMING LICENCE FM00040 (PREVIOUS LICENCE NO. F566) SCHEDULE 2 Licence to Farm Fish under section 53 of the Fisheries Item 1¾Permitted Species Act 1982 The Director of Fisheries has, pursuant to section 50 (2) of the WHEREAS the Director of Fisheries has, pursuant to section Act, issued a permit for the release of the fish specified in this 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to Schedule. the undermentioned licensee to release the fish specified in Pacific Oysters (Crassostrea gigas) Item 1 of Schedule 2 of this licence (‘the permitted species’), the Item 2¾Permitted Farming Methods Minister for Primary Industries (‘the Minister’) hereby grants to: Longlines Leon K. Stott (13009) Sections 4 and 5, Hundred of Moule Each unit must not exceed 100 m in length and 2 m in width, Ceduna, S.A. 5690 and each unit must be at least 6 m from any other unit. a non-exclusive licence to occupy and use the waters specified in Item 3¾Stocking Rates Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of Oysters farming and taking the permitted species (‘the permitted use’) for the period commencing on 1 July 2000 and ending, subject to any Size (mm) Number per Hectare earlier termination under this licence, on 30 June 2001 (‘the 3 2 500 000 term’) subject to the following terms and conditions: 3248 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

CONDITIONS OF THIS LICENCE 9.1 the licensee must at all times comply with all laws, by- 1. Licence laws or regulations in force which relate to the site or The parties acknowledge and agree that: the activities conducted in the site and with all notices, orders or requirements lawfully given or made by any 1.1 the rights, powers and privileges granted to or vested in authority or authorities in respect of the site; the licensee under this licence are contractual only and shall not create or vest in the licensee any estate, 9.2 in particular, without derogating from the general interest or right of a proprietary nature in the site; and requirement under condition 9 of this licence: 1.2 that, subject to section 53A of the Fisheries Act 1982, 9.2.1 the licensee must not do or permit to be done in this licence does not entitle the licensee to exclusive upon or about the site anything which in the rights of entry to and occupation of the site and that opinion of the Minister would cause or contribute the rights granted by this licence are exercisable by the to the degradation or pollution of any coastal licensee in common with any other occupiers of the site land or the surrounding marine environment; and from time to time. 9.2.2 in the event that the Minister is satisfied, on 2. Marked-off Areas reasonable grounds, that the fish taken from the waters are not fit for human consumption or that For the purposes of section 53A of the Fisheries Act 1982, the consumption of fish taken from the waters could marked-off areas within the site is that area or those areas present a danger to the health of the consumer, marked-off or indicated in the manner set out in Item 2 of the licensee must, in accordance with a written Schedule 1 of this licence. notice from the Minister, cease or suspend the 3. Permitted Species conduct of the permitted use or else conduct the permitted use as directed within the notice. The licensee: 10. Public Risk Liability 3.1 must not farm or introduce any species at the site other than the permitted species; and The licensee must at all times indemnify the Minister, his officers, employees, contractors and agents from and against all 3.2 must not take any wild fish from the site except for claims, demands, actions, judgments, proceedings, damages, losses, recreational purposes. costs, charges and expenses in respect of any loss of life, personal 4. Permitted Use injury and/or damage to property caused or suffered in any manner in or about the site. The licensee must not use the site for any purpose other than the permitted use. 11. Release 5. Permitted Methods 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 The licensee: permitted by law the Minister, his agents, contractors and 5.1 must not stock the permitted species at a rate greater servants in the absence of any wilful act, omission, default or than that specified in 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 5.2 must not use the anti-fouling chemical tributyltin (TBT) property occurring at the site, including loss or damage to the on any equipment used at the site; licensee’s fixtures or personal property of the licensee. 5.3 must not use any chemical or drug for either therapeutic 12. Public Risk Insurance or prophylactic purpose except with the prior approval of the Minister; 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 5.4 must apply the permitted farming methods set out in the permitted use a policy of public risk insurance in the joint Item 2 of Schedule 2 of this licence. names of the licensee and the Minister in which the limits of 6. Marking and Maintaining the Site public risk shall not be less than the amount specified in Item 2 of Schedule 3 of this licence, or such further amount as the Minister The licensee: may from time to time reasonably require, as the amount which 6.1 must ensure that the site is maintained in a good, tidy may be paid out in respect of any one single claim and a policy of and safe condition to the satisfaction of the Minister; insurance or copy thereof or a certificate of insurance shall be 6.2 must remove and lawfully dispose of any waste or debris produced by the licensee to the Minister on request in writing on the site as soon as is reasonably practicable and in being made by the Minister for its production. particular must comply with any guidelines issued from 13. Guarantee or Indemnity Scheme time to time by the Minister in relation to the removal The licensee must either: from the site of any unhealthy or dead fish; 13.1 provide a guarantee from its bankers; or 6.3 must maintain all buoys, crosses, and markers on the site in good condition and in accordance with the colours 13.2 contribute to an indemnity scheme established for specified in Schedule 1 of this licence; and the aquaculture and fisheries industry and approved by the Minister, 6.4 must mark the site boundary in accordance with the specifications in Schedule 1 of this licence. to and in favour of and for the benefit of the Minister by way of Site Inspection and Supervision security for the due and punctual performance by the licensee of 7. the terms and conditions of this licence and in particular the The licensee: obligations of the licensee to rehabilitate the site immediately 7.1 must at all times permit the Minister, his employees, prior to the expiration or sooner determination of the term of agents or contractors or any employees, agents or this licence. Such guarantee or indemnity scheme must have contractors of the Crown to enter the site for the effect from the date of commencement of the term. purposes of inspecting the site, the sea floor and the 14. No Assignment flora and fauna on or in the vicinity of the site; and The licensee acknowledges that this licence is personal and it 7.2 must comply with all reasonable directions of any such must not assign or sublet or deal in any other way with any person authorised by the Director of Fisheries to inspect interest in this licence. the conduct of the licensee’s activities at the site. 15. Default by Licensee and Termination Fees and Returns 8. The Minister may terminate this licence immediately by notice The licensee: in writing served on the licensee if: 8.1 must pay to the Minister the licence fee in accordance 15.1 the licensee commits or permits any breach or with Item l of Schedule 3 of this licence; default of the obligations imposed on the licensee by 8.2 must on or before 31 January and 31 July during the this licence, and following the giving by the Minister term, submit to the Minister a return supplying all of of written notice of such breach or default, the the information described in Schedule 4 of this licence. licensee either fails to rectify such breach or default within one calendar month of the date of such notice 9. Compliance With Relevant Laws (or earlier if the circumstances require) or fails to 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3249

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 If any term or condition of this licence should be for any or default of the obligations imposed on the licensee reason unlawful, void, invalid or unenforceable then the offending by this licence for which the Minister has previously term or condition shall be severed from this licence without given notice in writing of such breach or default affecting the validity or enforceability of the remainder of this pursuant to paragraph 1 of condition 15.1 notwith- licence. standing rectification of the previous breach or 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 Minister and the licensee and expressed to be either supplemental 15.4 if the licensee is a body corporate, any of the to or in substitution for the whole or a part of this licence. following occur: 20. Waiver 15.4.1 the licensee is unable to pay its debts as and when they fall due or is otherwise insolvent; 20.1 A waiver of any provision of this licence by the Minister must both be in writing and be signed by the 15.4.2 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. 15.4.3 the licensee enters into a scheme of 20.2 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. 15.4.4 a receiver, a manager or a receiver and 20.3 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 21. Notices 15.4.5 a mortgagee, chargee or other encum- brancee is appointed over or takes 21.1 Notices may be served by delivering the same possession of or appoints an agent to take personally, by mail or facsimile transmission and shall possession of all or any of the licensee’s be: assets; or 21.1.1 in writing addressed to the Director of 15.5 if the licensee is an individual, the licensee: Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 (in the case of 15.5.1 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 21.1.2 signed by or on behalf of the sender or by a 15.5.2 is convicted of an indictable offence. person duly authorised in that regard by the Termination of this licence by the Minister shall be sender; without prejudice to any rights, remedies or actions 21.1.3 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 the terms and conditions contained in this licence. (a) if delivered, upon delivery; 16. Interpretation (b) if sending by mail, upon posting; Subject to any inconsistency of subject or context, the (c) if sent by facsimile transmission, upon following rules of construction shall be used in the interpretation the sender’s facsimile producing a of this licence: transmission report that the facsimile was satisfactorily sent in its entirety to 16.1 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 16.2 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. 16.3 a reference to a body corporate shall include a vice versa 21.2 The Minister and the licensee may each vary their natural person and ; address or facsimile number at any time by written 16.4 a reference to a recital, party, clause, Schedule or notice. Annexure is a reference to a recital, party, clause, Granted by the General Manager Aquaculture, delegate of the Schedule or Annexure of this licence; Minister, on 14 November 2000. 16.5 the captions, headings, section numbers and clause I. NIGHTINGALE, General Manager Aquaculture numbers appearing in this licence are inserted only as a matter of convenience and in no way affect the The licensee hereby acknowledges and agrees to the terms and construction of this licence; conditions of this licence. 16.6 a reference to a statute shall include all statutes Signed by the said L. STOTT amending, consolidating or replacing the statutes In the presence of: G. GARDNER, Witness referred to; SCHEDULE 1 16.7 where two or more persons are named as licensees, this licence shall bind the licensees jointly and each of Item 1—The Site them severally; and Area applicable to this licence: 16.8 time is of the essence in respect of any obligation Licensed Area Licensed relating to time in this licence. Hectares 17. Delegation AGD 66—Zone 53 Any consent, notice, any consultation or any other thing 366240E 6444111N 10 which is pursuant to the terms of this licence either required to be 366488E 6444101N given, done or performed or which may be given, done or 366777E 6443704N performed by the Minister may for the purposes of this licence be 366521E 6443704N 3250 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

All structures, equipment, buoys and flotations (except for that SCHEDULE 2 required by the Department for Transport, Urban Planning and Item 1¾Permitted Species the Arts) must be black, dark grey, dark blue, dark brown, or dark green coloured materials. 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 The boundary of the site to be marked either with: Schedule. (a) (1) At the corners with posts extending 900 mm above Pacific Oysters (Crassostrea gigas) mean high water springs. Such posts to be marked with a St Andrews cross, each cross arm measuring Item 2¾Permitted Farming Methods 900 mm from tip to tip, minimum width 75 mm. Longlines (2) Posts to be not less than 125 mm in diameter. Each structure must comply with the construction requirements (3) Posts and crosses to be painted yellow. specified in the Decision Notification Form issued for the site under Regulation 42 of the Development Regulation Act 1993. (4) The ends of each cross to be marked with a 200 mm strip of yellow retro-reflective tape. Item 3¾Stocking Rates (5) Between the corner posts at intervals not exceeding Oysters 50 m, buoys not less than 300 mm in diameter. Size (mm) Number per Hectare (6) All buoys, posts, crosses and markers must be 3 2 500 000 maintained in good condition. 10 1 600 000 or 20 1 100 000 30 750 000 (b) (1) At each corner, yellow spar buoys with a St 40 500 000 Andrews cross as a top mark placed at least 50 350 000 900 mm above the buoy, cross arms 900 mm long x 60 200 000 75 mm wide. 70 150 000 (2) The buoys and topmarks must all be coloured 80 100 000 yellow and marked with a yellow retro-reflective as SCHEDULE 3 (a) in (4). Item 1—Fees (3) All buoys, posts, crosses and markers must be maintained in good condition. Annual licence fees are: $ When the site is in navigable water and a possible danger to navigation, lights must be placed on the top of each St Andrews FRDC Levy per hectare 10 at $9.50 each...... 95.00 cross that is located at each corner of the site and these lights EMP Fee per hectare 10 at $17.70 each...... 177.00 must be yellow in colour and flashing once every 4 seconds and Base Licence Fee per hectare 10 at $66 each...... 660.00 visible over an arc of 360 degrees for a distance of at least one SASQAP (Classified Area) per hectare 10 mile. at $80 each ...... 800.00 Total Annual Licence Fee 1 732.00 Item 2—Marked-Off Areas ...... Quarterly Instalments...... 433.00 [Co-ordinates of developed areas within the site to be provided by the licensee.] Item 2—Public Risk Insurance White buoys of at least 12 inches in diameter must be placed Five million dollars ($5 000 000). around the whole of the perimeter of the developed areas within SCHEDULE 4 the site at a distance of no less than 50 m from one another. Returns The licensee must submit the following information to the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and 31 July during the term of this licence: 1. Name of licensee. 2. Address of licensee. 3. Species of fish farmed and held on the site. 4. Location of aquaculture operation. 5. Period covered by return. 6. Number of life stage of each species of fish held. 7. Number, weight and value of each species of fish held. 8. Details of any disease detected in any fish kept. 9. Source (whether interstate or intrastate) of any stock acquired and date of acquisition (if relevant, include name of authority that provided certification that stock was free from disease). 10. If any fish were brought into the state, the number of fish and the life stage of the fish. 11. If fish were brought into the state, the purpose for which they were brought in. 12. Method of disposal of water and packaging use for transporting the fish. 13. If any disease or symptom of disease occurred in the acquired fish. 14. Method of disposal of diseased or dead fish and the number disposed of. 15. Signature, date and telephone number. 16. Use of any chemicals for fish husbandry—type of chemical and quantity used, purpose and date of use. FISHERIES ACT 1982 MARINE MOLLUSC FARMING LICENCE FM00041 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3251

(PREVIOUS LICENCE NO. F572 7.1 must at all times permit the Minister, his employees, Licence to Farm Fish under section 53 of the Fisheries agents or contractors or any employees, agents or Act 1982 contractors of the Crown to enter the site for the purposes of inspecting the site, the sea floor and the WHEREAS the Director of Fisheries has, pursuant to section flora and fauna on or in the vicinity of the site; and 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to the undermentioned licensee to release the fish specified in 7.2 must comply with all reasonable directions of any such Item 1 of Schedule 2 of this licence (‘the permitted species’), the person authorised by the Director of Fisheries to inspect Minister for Primary Industries (‘the Minister’) hereby grants to: the conduct of the licensee’s activities at the site. Fees and Returns Leon K. Stott (13009) 8. Sections 4 and 5, Hundred of Moule The licensee: Ceduna, S.A. 5690 8.1 must pay to the Minister the licence fee in accordance a non-exclusive licence to occupy and use the waters specified in with Item l of Schedule 3 of this licence; Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of 8.2 must on or before 31 January and 31 July during the farming and taking the permitted species (‘the permitted use’) for term, submit to the Minister a return supplying all of the period commencing on 1 July 2000 and ending, subject to any the information described in Schedule 4 of this licence. earlier termination under this licence, on 30 June 2001 (‘the term’) subject to the following terms and conditions: 9. Compliance With Relevant Laws CONDITIONS OF THIS LICENCE 9.1 the licensee must at all times comply with all laws, by- 1. Licence laws or regulations in force which relate to the site or the activities conducted in the site and with all notices, The parties acknowledge and agree that: orders or requirements lawfully given or made by any 1.1 the rights, powers and privileges granted to or vested in authority or authorities in respect of the site; the licensee under this licence are contractual only and 9.2 in particular, without derogating from the general shall not create or vest in the licensee any estate, requirement under condition 9 of this licence: interest or right of a proprietary nature in the site; and 9.2.1 the licensee must not do or permit to be done in 1.2 that, subject to section 53A of the Fisheries Act 1982, upon or about the site anything which in the this licence does not entitle the licensee to exclusive opinion of the Minister would cause or contribute rights of entry to and occupation of the site and that to the degradation or pollution of any coastal the rights granted by this licence are exercisable by the land or the surrounding marine environment; and licensee in common with any other occupiers of the site from time to time. 9.2.2 in the event that the Minister is satisfied, on Marked-off Areas reasonable grounds, that the fish taken from the 2. waters are not fit for human consumption or that For the purposes of section 53A of the Fisheries Act 1982, the consumption of fish taken from the waters could marked-off areas within the site is that area or those areas present a danger to the health of the consumer, marked-off or indicated in the manner set out in Item 2 of the licensee must, in accordance with a written Schedule 1 of this licence. notice from the Minister, cease or suspend the 3. Permitted Species conduct of the permitted use or else conduct the permitted use as directed within the notice. The licensee: 10. Public Risk Liability 3.1 must not farm or introduce any species at the site other than the permitted species; and The licensee must at all times indemnify the Minister, his officers, employees, contractors and agents from and against all 3.2 must not take any wild fish from the site except for claims, demands, actions, judgments, proceedings, damages, losses, recreational purposes. costs, charges and expenses in respect of any loss of life, personal 4. Permitted Use injury and/or damage to property caused or suffered in any manner in or about the site. The licensee must not use the site for any purpose other than the permitted use. 11. Release 5. Permitted Methods 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 The licensee: permitted by law the Minister, his agents, contractors and 5.1 must not stock the permitted species at a rate greater servants in the absence of any wilful act, omission, default or than that specified in 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 5.2 must not use the anti-fouling chemical tributyltin (TBT) property occurring at the site, including loss or damage to the on any equipment used at the site; licensee’s fixtures or personal property of the licensee. 5.3 must not use any chemical or drug for either therapeutic 12. Public Risk Insurance or prophylactic purpose except with the prior approval of the Minister; 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 5.4 must apply the permitted farming methods set out in the permitted use a policy of public risk insurance in the joint Item 2 of Schedule 2 of this licence. names of the licensee and the Minister in which the limits of 6. Marking and Maintaining the Site public risk shall not be less than the amount specified in Item 2 of Schedule 3 of this licence, or such further amount as the Minister The licensee: may from time to time reasonably require, as the amount which 6.1 must ensure that the site is maintained in a good, tidy may be paid out in respect of any one single claim and a policy of and safe condition to the satisfaction of the Minister; insurance or copy thereof or a certificate of insurance shall be produced by the licensee to the Minister on request in writing 6.2 must remove and lawfully dispose of any waste or debris being made by the Minister for its production. on the site as soon as is reasonably practicable and in particular must comply with any guidelines issued from 13. Guarantee or Indemnity Scheme time to time by the Minister in relation to the removal The licensee must either: from the site of any unhealthy or dead fish; 13.1 provide a guarantee from its bankers; or 6.3 must maintain all buoys, crosses, and markers on the site in good condition and in accordance with the colours 13.2 contribute to an indemnity scheme established for specified in Schedule 1 of this licence; and the aquaculture and fisheries industry and approved by the Minister, 6.4 must mark the site boundary in accordance with the specifications in Schedule 1 of this licence. 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 7. Site Inspection and Supervision the terms and conditions of this licence and in particular the The licensee: obligations of the licensee to rehabilitate the site immediately 3252 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000 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 Delegation this licence, and following the giving by the Minister 17. 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 If any term or condition of this licence should be for any or default of the obligations imposed on the licensee reason unlawful, void, invalid or unenforceable then the offending by this licence for which the Minister has previously term or condition shall be severed from this licence without given notice in writing of such breach or default affecting the validity or enforceability of the remainder of this pursuant to paragraph 1 of condition 15.1 notwith- licence. standing rectification of the previous breach or 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 Minister and the licensee and expressed to be either supplemental 15.4 if the licensee is a body corporate, any of the to or in substitution for the whole or a part of this licence. following occur: 20. Waiver 15.4.1 the licensee is unable to pay its debts as and when they fall due or is otherwise insolvent; 20.1 A waiver of any provision of this licence by the Minister must both be in writing and be signed by the 15.4.2 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. 15.4.3 the licensee enters into a scheme of 20.2 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. 15.4.4 a receiver, a manager or a receiver and 20.3 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 21. Notices 15.4.5 a mortgagee, chargee or other encum- brancee is appointed over or takes 21.1 Notices may be served by delivering the same possession of or appoints an agent to take personally, by mail or facsimile transmission and shall possession of all or any of the licensee’s be: assets; or 21.1.1 in writing addressed to the Director of 15.5 if the licensee is an individual, the licensee: Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 (in the case of 15.5.1 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 21.1.2 signed by or on behalf of the sender or by a 15.5.2 is convicted of an indictable offence. person duly authorised in that regard by the Termination of this licence by the Minister shall be sender; without prejudice to any rights, remedies or actions 21.1.3 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 the terms and conditions contained in this licence. (a) if delivered, upon delivery; 16. Interpretation (b) if sending by mail, upon posting; Subject to any inconsistency of subject or context, the (c) if sent by facsimile transmission, upon following rules of construction shall be used in the interpretation the sender’s facsimile producing a of this licence: transmission report that the facsimile was satisfactorily sent in its entirety to 16.1 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 16.2 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. 16.3 a reference to a body corporate shall include a vice versa 21.2 The Minister and the licensee may each vary their natural person and ; address or facsimile number at any time by written 16.4 a reference to a recital, party, clause, Schedule or notice. Annexure is a reference to a recital, party, clause, Granted by the General Manager Aquaculture, delegate of the Schedule or Annexure of this licence; Minister, on 14 November 2000. 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3253

I. NIGHTINGALE, General Manager Aquaculture SCHEDULE 2 The licensee hereby acknowledges and agrees to the terms and Item 1¾Permitted Species conditions of this licence. The Director of Fisheries has, pursuant to section 50 (2) of the Signed by the said L. STOTT Act, issued a permit for the release of the fish specified in this Schedule. In the presence of: G. GARDNER, Witness Pacific Oysters (Crassostrea gigas) SCHEDULE 1 Item 2¾Permitted Farming Methods Item 1—The Site Longlines Area applicable to this licence: Each structure must comply with the construction requirements Licensed Area Licensed specified in the Decision Notification Form issued for the site Hectares under Regulation 42 of the Development Regulation Act 1993. AGD 66—Zone 53 Item 3¾Stocking Rates 366253E 6442728N 10 366314E 6442666N Oysters 366086E 6442243N Size (mm) Number per Hectare 365878E 6442079N 365799E 6442173N 3 2 500 000 10 1 600 000 All structures, equipment, buoys and flotations (except for that 20 1 100 000 required by the Department for Transport, Urban Planning and 30 750 000 the Arts) must be black, dark grey, dark blue, dark brown, or dark 40 500 000 green coloured materials. 50 350 000 The boundary of the site to be marked either with: 60 200 000 70 150 000 (a) (1) At the corners with posts extending 900 mm above 80 100 000 mean high water springs. Such posts to be marked with a St Andrews cross, each cross arm measuring SCHEDULE 3 900 mm from tip to tip, minimum width 75 mm. Item 1—Fees (2) Posts to be not less than 125 mm in diameter. Annual licence fees are: (3) Posts and crosses to be painted yellow. $ (4) The ends of each cross to be marked with a FRDC Levy per hectare 10 at $9.50 each...... 95.00 200 mm strip of yellow retro-reflective tape. EMP Fee per hectare 10 at $17.70 each...... 177.00 Base Licence Fee per hectare 10 at $66 each...... 660.00 (5) Between the corner posts at intervals not exceeding SASQAP (Classified Area) per hectare 10 50 m, buoys not less than 300 mm in diameter. at $80 each ...... 800.00 (6) All buoys, posts, crosses and markers must be Total Annual Licence Fee...... 1 732.00 maintained in good condition. Quarterly Instalments...... 433.00 or Item 2—Public Risk Insurance (b) (1) At each corner, yellow spar buoys with a St Five million dollars ($5 000 000). Andrews cross as a top mark placed at least 900 mm above the buoy, cross arms 900 mm long x SCHEDULE 4 75 mm wide. Returns (2) The buoys and topmarks must all be coloured The licensee must submit the following information to the yellow and marked with a yellow retro-reflective as Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 in (a) (4). Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and (3) All buoys, posts, crosses and markers must be 31 July during the term of this licence: maintained in good condition. 1. Name of licensee. When the site is in navigable water and a possible danger to 2. Address of licensee. navigation, lights must be placed on the top of each St Andrews cross that is located at each corner of the site and these lights 3. Species of fish farmed and held on the site. must be yellow in colour and flashing once every 4 seconds and 4. Location of aquaculture operation. visible over an arc of 360 degrees for a distance of at least one 5. Period covered by return. mile. 6. Number of life stage of each species of fish held. Item 2—Marked-Off Areas 7. Number, weight and value of each species of fish held. [Co-ordinates of developed areas within the site to be provided 8. Details of any disease detected in any fish kept. by the licensee.] 9. Source (whether interstate or intrastate) of any stock White buoys of at least 12 inches in diameter must be placed acquired and date of acquisition (if relevant, include name around the whole of the perimeter of the developed areas within of authority that provided certification that stock was the site at a distance of no less than 50 m from one another. free from disease). 10. If any fish were brought into the state, the number of fish and the life stage of the fish. 11. If fish were brought into the state, the purpose for which they were brought in. 12. Method of disposal of water and packaging use for transporting the fish. 13. If any disease or symptom of disease occurred in the acquired fish. 14. Method of disposal of diseased or dead fish and the number disposed of. 15. Signature, date and telephone number. 16. Use of any chemicals for fish husbandry—type of chemical and quantity used, purpose and date of use. FISHERIES ACT 1982 MARINE MOLLUSC FARMING LICENCE FM00071 3254 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

(PREVIOUS LICENCE NO. F732 7.1 must at all times permit the Minister, his employees, Licence to Farm Fish under section 53 of the Fisheries agents or contractors or any employees, agents or Act 1982 contractors of the Crown to enter the site for the purposes of inspecting the site, the sea floor and the WHEREAS the Director of Fisheries has, pursuant to section flora and fauna on or in the vicinity of the site; and 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to the undermentioned licensee to release the fish specified in 7.2 must comply with all reasonable directions of any such Item 1 of Schedule 2 of this licence (‘the permitted species’), the person authorised by the Director of Fisheries to inspect Minister for Primary Industries (‘the Minister’) hereby grants to: the conduct of the licensee’s activities at the site. Fees and Returns Smoky Bay Oyster Growers Pty Ltd (12194) 8. Section 18, Hundred of Guthrie The licensee: Mudamuckla, S.A. 5680 8.1 must pay to the Minister the licence fee in accordance a non-exclusive licence to occupy and use the waters specified in with Item l of Schedule 3 of this licence; Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of 8.2 must on or before 31 January and 31 July during the farming and taking the permitted species (‘the permitted use’) for term, submit to the Minister a return supplying all of the period commencing on 1 July 2000 and ending, subject to any the information described in Schedule 4 of this licence. earlier termination under this licence, on 30 June 2001 (‘the term’) subject to the following terms and conditions: 9. Compliance With Relevant Laws CONDITIONS OF THIS LICENCE 9.1 the licensee must at all times comply with all laws, by- 1. Licence laws or regulations in force which relate to the site or the activities conducted in the site and with all notices, The parties acknowledge and agree that: orders or requirements lawfully given or made by any 1.1 the rights, powers and privileges granted to or vested in authority or authorities in respect of the site; the licensee under this licence are contractual only and 9.2 in particular, without derogating from the general shall not create or vest in the licensee any estate, requirement under condition 9 of this licence: interest or right of a proprietary nature in the site; and 9.2.1 the licensee must not do or permit to be done in 1.2 that, subject to section 53A of the Fisheries Act 1982, upon or about the site anything which in the this licence does not entitle the licensee to exclusive opinion of the Minister would cause or contribute rights of entry to and occupation of the site and that to the degradation or pollution of any coastal the rights granted by this licence are exercisable by the land or the surrounding marine environment; and licensee in common with any other occupiers of the site from time to time. 9.2.2 in the event that the Minister is satisfied, on Marked-off Areas reasonable grounds, that the fish taken from the 2. waters are not fit for human consumption or that For the purposes of section 53A of the Fisheries Act 1982, the consumption of fish taken from the waters could marked-off areas within the site is that area or those areas present a danger to the health of the consumer, marked-off or indicated in the manner set out in Item 2 of the licensee must, in accordance with a written Schedule 1 of this licence. notice from the Minister, cease or suspend the 3. Permitted Species conduct of the permitted use or else conduct the permitted use as directed within the notice. The licensee: 10. Public Risk Liability 3.1 must not farm or introduce any species at the site other than the permitted species; and The licensee must at all times indemnify the Minister, his officers, employees, contractors and agents from and against all 3.2 must not take any wild fish from the site except for claims, demands, actions, judgments, proceedings, damages, losses, recreational purposes. costs, charges and expenses in respect of any loss of life, personal 4. Permitted Use injury and/or damage to property caused or suffered in any manner in or about the site. The licensee must not use the site for any purpose other than the permitted use. 11. Release 5. Permitted Methods 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 The licensee: permitted by law the Minister, his agents, contractors and 5.1 must not stock the permitted species at a rate greater servants in the absence of any wilful act, omission, default or than that specified in 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 5.2 must not use the anti-fouling chemical tributyltin (TBT) property occurring at the site, including loss or damage to the on any equipment used at the site; licensee’s fixtures or personal property of the licensee. 5.3 must not use any chemical or drug for either therapeutic 12. Public Risk Insurance or prophylactic purpose except with the prior approval of the Minister; 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 5.4 must apply the permitted farming methods set out in the permitted use a policy of public risk insurance in the joint Item 2 of Schedule 2 of this licence. names of the licensee and the Minister in which the limits of 6. Marking and Maintaining the Site public risk shall not be less than the amount specified in Item 2 of Schedule 3 of this licence, or such further amount as the Minister The licensee: may from time to time reasonably require, as the amount which 6.1 must ensure that the site is maintained in a good, tidy may be paid out in respect of any one single claim and a policy of and safe condition to the satisfaction of the Minister; insurance or copy thereof or a certificate of insurance shall be produced by the licensee to the Minister on request in writing 6.2 must remove and lawfully dispose of any waste or debris being made by the Minister for its production. on the site as soon as is reasonably practicable and in particular must comply with any guidelines issued from 13. Guarantee or Indemnity Scheme time to time by the Minister in relation to the removal The licensee must either: from the site of any unhealthy or dead fish; 13.1 provide a guarantee from its bankers; or 6.3 must maintain all buoys, crosses, and markers on the site in good condition and in accordance with the colours 13.2 contribute to an indemnity scheme established for specified in Schedule 1 of this licence; and the aquaculture and fisheries industry and approved by the Minister, 6.4 must mark the site boundary in accordance with the specifications in Schedule 1 of this licence. 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 7. Site Inspection and Supervision the terms and conditions of this licence and in particular the The licensee: obligations of the licensee to rehabilitate the site immediately 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3255 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 Delegation this licence, and following the giving by the Minister 17. 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 If any term or condition of this licence should be for any or default of the obligations imposed on the licensee reason unlawful, void, invalid or unenforceable then the offending by this licence for which the Minister has previously term or condition shall be severed from this licence without given notice in writing of such breach or default affecting the validity or enforceability of the remainder of this pursuant to paragraph 1 of condition 15.1 notwith- licence. standing rectification of the previous breach or 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 Minister and the licensee and expressed to be either supplemental 15.4 if the licensee is a body corporate, any of the to or in substitution for the whole or a part of this licence. following occur: 20. Waiver 15.4.1 the licensee is unable to pay its debts as and when they fall due or is otherwise insolvent; 20.1 A waiver of any provision of this licence by the Minister must both be in writing and be signed by the 15.4.2 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. 15.4.3 the licensee enters into a scheme of 20.2 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. 15.4.4 a receiver, a manager or a receiver and 20.3 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 21. Notices 15.4.5 a mortgagee, chargee or other encum- brancee is appointed over or takes 21.1 Notices may be served by delivering the same possession of or appoints an agent to take personally, by mail or facsimile transmission and shall possession of all or any of the licensee’s be: assets; or 21.1.1 in writing addressed to the Director of 15.5 if the licensee is an individual, the licensee: Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 (in the case of 15.5.1 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 21.1.2 signed by or on behalf of the sender or by a 15.5.2 is convicted of an indictable offence. person duly authorised in that regard by the Termination of this licence by the Minister shall be sender; without prejudice to any rights, remedies or actions 21.1.3 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 the terms and conditions contained in this licence. (a) if delivered, upon delivery; 16. Interpretation (b) if sending by mail, upon posting; Subject to any inconsistency of subject or context, the (c) if sent by facsimile transmission, upon following rules of construction shall be used in the interpretation the sender’s facsimile producing a of this licence: transmission report that the facsimile was satisfactorily sent in its entirety to 16.1 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 16.2 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. 16.3 a reference to a body corporate shall include a vice versa 21.2 The Minister and the licensee may each vary their natural person and ; address or facsimile number at any time by written 16.4 a reference to a recital, party, clause, Schedule or notice. Annexure is a reference to a recital, party, clause, Granted by the General Manager Aquaculture, delegate of the Schedule or Annexure of this licence; Minister, on 14 November 2000. 3256 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

I. NIGHTINGALE, General Manager Aquaculture 3 2 500 000 The licensee hereby acknowledges and agrees to the terms and 10 1 600 000 conditions of this licence. 20 1 100 000 30 750 000 The Common Seal of Smoky Bay Oyster Growers Pty Ltd 40 500 000 (ACN 056 266 294) was hereunto affixed in the presence of: 50 350 000 (L.S.) B. ZIPPEL, Director 60 200 000 70 150 000 G. ZIPPEL, Secretary 80 100 000 SCHEDULE 1 SCHEDULE 3 Item 1—The Site Item 1—Fees Area applicable to this licence: Annual licence fees are: Licensed Area Licensed $ Hectares FRDC Levy per hectare 12 at $9.50 each...... 114.00 AGD 66—Zone 53 EMP Fee per hectare 12 at $17.70 each...... 212.40 396884E 6416030N 12 Base Licence Fee per hectare 12 at $66 each...... 792.00 397078E 6416021N SASQAP (Classified Area) per hectare 12 at 397054E 6415409N $80 each ...... 960.00 396859E 6415410N Total Annual Licence Fee...... 2 078.40 All structures, equipment, buoys and flotations (except for that Quarterly Instalments...... 519.60 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 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 maintained in good condition. 6. Number of life stage of each species of fish held. 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) The buoys and topmarks must all be coloured yellow and marked with a yellow retro-reflective as 10. If any fish were brought into the state, the number of in (a) (4). fish and the life stage of the fish. (3) All buoys, posts, crosses and markers must be 11. If fish were brought into the state, the purpose for which maintained in good condition. they were brought in. When the site is in navigable water and a possible danger to 12. Method of disposal of water and packaging use for navigation, lights must be placed on the top of each St Andrews transporting the fish. cross that is located at each corner of the site and these lights 13. If any disease or symptom of disease occurred in the must be yellow in colour and flashing once every 4 seconds and acquired fish. visible over an arc of 360 degrees for a distance of at least one 14. Method of disposal of diseased or dead fish and the mile. number disposed of. Item 2—Marked-Off Areas 15. Signature, date and telephone number. [Co-ordinates of developed areas within the site to be provided 16. Use of any chemicals for fish husbandry—type of by the licensee.] chemical and quantity used, purpose and date of use. White buoys of at least 12 inches in diameter must be placed FISHERIES ACT 1982 around the whole of the perimeter of the developed areas within the site at a distance of no less than 50 m from one another. MARINE MOLLUSC FARMING LICENCE FM00110 (PREVIOUS LICENCE NO. F786) SCHEDULE 2 Licence to Farm Fish under section 53 of the Fisheries Item 1¾Permitted Species Act 1982 The Director of Fisheries has, pursuant to section 50 (2) of the WHEREAS the Director of Fisheries has, pursuant to section Act, issued a permit for the release of the fish specified in this 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to Schedule. the undermentioned licensee to release the fish specified in Pacific Oysters (Crassostrea gigas) Item 1 of Schedule 2 of this licence (‘the permitted species’), the Item 2¾Permitted Farming Methods Minister for Primary Industries (‘the Minister’) hereby grants to: Longlines Chintarra Pty Ltd (13106) Sections 4 and 5, Hundred of Moule Each unit must not exceed 100 m in length and 2 m in width, Ceduna, S.A. 5690 and each unit must be at least 6 m from any other unit. a non-exclusive licence to occupy and use the waters specified in Item 3¾Stocking Rates Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of Oysters farming and taking the permitted species (‘the permitted use’) for the period commencing on 1 July 2000 and ending, subject to any Size (mm) Number per Hectare 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3257 earlier termination under this licence, on 30 June 2001 (‘the 8.2 must on or before 31 January and 31 July during the term’) subject to the following terms and conditions: term, submit to the Minister a return supplying all of the information described in Schedule 4 of this licence. CONDITIONS OF THIS LICENCE 1. Licence 9. Compliance With Relevant Laws The parties acknowledge and agree that: 9.1 the licensee must at all times comply with all laws, by- 1.1 the rights, powers and privileges granted to or vested in laws or regulations in force which relate to the site or the licensee under this licence are contractual only and the activities conducted in the site and with all notices, shall not create or vest in the licensee any estate, orders or requirements lawfully given or made by any interest or right of a proprietary nature in the site; and authority or authorities in respect of the site; 1.2 that, subject to section 53A of the Fisheries Act 1982, 9.2 in particular, without derogating from the general this licence does not entitle the licensee to exclusive requirement under condition 9 of this licence: rights of entry to and occupation of the site and that 9.2.1 the licensee must not do or permit to be done in the rights granted by this licence are exercisable by the upon or about the site anything which in the licensee in common with any other occupiers of the site opinion of the Minister would cause or contribute from time to time. to the degradation or pollution of any coastal 2. Marked-off Areas land or the surrounding marine environment; and For the purposes of section 53A of the Fisheries Act 1982, the 9.2.2 in the event that the Minister is satisfied, on marked-off areas within the site is that area or those areas reasonable grounds, that the fish taken from the marked-off or indicated in the manner set out in Item 2 of waters are not fit for human consumption or that Schedule 1 of this licence. consumption of fish taken from the waters could present a danger to the health of the consumer, 3. Permitted Species the licensee must, in accordance with a written The licensee: notice from the Minister, cease or suspend the conduct of the permitted use or else conduct the 3.1 must not farm or introduce any species at the site other permitted use as directed within the notice. than the permitted species; and 10. Public Risk Liability 3.2 must not take any wild fish from the site except for recreational purposes. The licensee must at all times indemnify the Minister, his officers, employees, contractors and agents from and against all 4. Permitted Use claims, demands, actions, judgments, proceedings, damages, losses, The licensee must not use the site for any purpose other than costs, charges and expenses in respect of any loss of life, personal the permitted use. injury and/or damage to property caused or suffered in any manner in or about the site. 5. Permitted Methods 11. Release The licensee: The licensee must use and keep the site at the risk in all things 5.1 must not stock the permitted species at a rate greater of the licensee and the licensee must release to the full extent than that specified in Schedule 2 of this licence; permitted by law the Minister, his agents, contractors and 5.2 must not use the anti-fouling chemical tributyltin (TBT) servants in the absence of any wilful act, omission, default or on any equipment used at the site; neglect on their part from all claims and demands of every kind resulting from any accident damage or injury to persons or 5.3 must not use any chemical or drug for either therapeutic property occurring at the site, including loss or damage to the or prophylactic purpose except with the prior approval licensee’s fixtures or personal property of the licensee. of the Minister; 12. Public Risk Insurance 5.4 must apply the permitted farming methods set out in Item 2 of Schedule 2 of this licence. 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. Marking and Maintaining the Site the permitted use a policy of public risk insurance in the joint The licensee: names of the licensee and the Minister in which the limits of public risk shall not be less than the amount specified in Item 2 of 6.1 must ensure that the site is maintained in a good, tidy Schedule 3 of this licence, or such further amount as the Minister and safe condition to the satisfaction of the Minister; may from time to time reasonably require, as the amount which 6.2 must remove and lawfully dispose of any waste or debris may be paid out in respect of any one single claim and a policy of on the site as soon as is reasonably practicable and in insurance or copy thereof or a certificate of insurance shall be particular must comply with any guidelines issued from produced by the licensee to the Minister on request in writing time to time by the Minister in relation to the removal being made by the Minister for its production. from the site of any unhealthy or dead fish; 13. Guarantee or Indemnity Scheme 6.3 must maintain all buoys, crosses, and markers on the site The licensee must either: in good condition and in accordance with the colours specified in Schedule 1 of this licence; and 13.1 provide a guarantee from its bankers; or 6.4 must mark the site boundary in accordance with the 13.2 contribute to an indemnity scheme established for specifications in Schedule 1 of this licence. the aquaculture and fisheries industry and approved by the Minister, 7. Site Inspection and Supervision to and in favour of and for the benefit of the Minister by way of The licensee: security for the due and punctual performance by the licensee of 7.1 must at all times permit the Minister, his employees, the terms and conditions of this licence and in particular the agents or contractors or any employees, agents or obligations of the licensee to rehabilitate the site immediately contractors of the Crown to enter the site for the prior to the expiration or sooner determination of the term of purposes of inspecting the site, the sea floor and the this licence. Such guarantee or indemnity scheme must have flora and fauna on or in the vicinity of the site; and effect from the date of commencement of the term. 7.2 must comply with all reasonable directions of any such 14. No Assignment person authorised by the Director of Fisheries to inspect The licensee acknowledges that this licence is personal and it the conduct of the licensee’s activities at the site. must not assign or sublet or deal in any other way with any 8. Fees and Returns interest in this licence. The licensee: 15. Default by Licensee and Termination 8.1 must pay to the Minister the licence fee in accordance The Minister may terminate this licence immediately by notice with Item l of Schedule 3 of this licence; in writing served on the licensee if: 15.1 the licensee commits or permits any breach or default of the obligations imposed on the licensee by 3258 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

this licence, and following the giving by the Minister Any consent, notice, any consultation or any other thing of written notice of such breach or default, the which is pursuant to the terms of this licence either required to be licensee either fails to rectify such breach or default given, done or performed or which may be given, done or within one calendar month of the date of such notice performed by the Minister may for the purposes of this licence be (or earlier if the circumstances require) or fails to properly given, done or performed by any duly authorised agent make diligent progress towards rectifying any such or employee of the Minister. breach which is incapable of rectification within the 18. Severance time so limited; or If any term or condition of this licence should be for any 15.2 the licensee commits or permits any further breach reason unlawful, void, invalid or unenforceable then the offending or default of the obligations imposed on the licensee term or condition shall be severed from this licence without by this licence for which the Minister has previously affecting the validity or enforceability of the remainder of this given notice in writing of such breach or default licence. pursuant to paragraph 1 of condition 15.1 notwith- standing rectification of the previous breach or 19. Modification default; or No variation of or addition to any provision of this licence 15.3 the licence fee referred to in condition 8 is unpaid shall be binding upon the Minister and the licensee unless such for a period of 14 days after notice has been given to variation or addition is made in writing, signed by both the the licensee that it is outstanding; or 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 if the licensee is a body corporate, any of the following occur: 20. Waiver 15.4.1 the licensee is unable to pay its debts as and 20.1 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 Minister or by persons duly authorised to execute such 15.4.2 an order is made for the winding up or a document on the Minister’s part. liquidation of the licensee; 20.2 No waiver by the Minister of a breach of a term or 15.4.3 the licensee enters into a scheme of condition contained in this licence shall operate as a arrangement, compromise, moratorium or waiver of any breach of the same or any other term other form of composition with its creditors or condition contained in this licence. or any class of its creditors; 20.3 No forbearance, delay or indulgence by the Minister 15.4.4 a receiver, a manager or a receiver and in enforcing the provisions of this licence shall manager, a company administrator or other prejudice or restrict the rights of the Minister. insolvency administrator is appointed to the licensee; or 21. Notices 15.4.5 a mortgagee, chargee or other encum- 21.1 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 21.1.1 in writing addressed to the Director of assets; or Fisheries, PIRSA, 16th Floor, 25 Grenfell 15.5 if the licensee is an individual, the licensee: Street, Adelaide, S.A. 5000 (in the case of the Minister) and to the address of the 15.5.1 becomes bankrupt or assigns its estate or licensee set out above (in the case of the enters into a deed of arrangement or other licensee); form of composition for the benefit of the licensee’s creditors; or 21.1.2 signed by or on behalf of the sender or by a person duly authorised in that regard by the 15.5.2 is convicted of an indictable offence. sender; Termination of this licence by the Minister shall be 21.1.3 deemed to be duly served or made in the without prejudice to any rights, remedies or actions following circumstances: that the Minister may have against the licensee in 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; 16. 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 the addressee’s facsimile number, 16.1 any word importing the plural includes the singular and vice versa; but if delivery is not made before 5 p.m. on any day it shall be deemed to be received at 16.2 any wording importing a gender shall include all 9 a.m. on the next day in that place. other genders; 21.2 The Minister and the licensee may each vary their 16.3 a reference to a body corporate shall include a vice versa address or facsimile number at any time by written natural person and ; notice. 16.4 a reference to a recital, party, clause, Schedule or Granted by the General Manager Aquaculture, delegate of the Annexure is a reference to a recital, party, clause, Minister, on 14 November 2000. Schedule or Annexure of this licence; I. NIGHTINGALE, General Manager Aquaculture 16.5 the captions, headings, section numbers and clause 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; Signed by the said L. STOTT 16.6 a reference to a statute shall include all statutes In the presence of: G. GARDNER, Witness amending, consolidating or replacing the statutes referred to; SCHEDULE 1 16.7 where two or more persons are named as licensees, Item 1—The Site this licence shall bind the licensees jointly and each of Area applicable to this licence: them severally; and Licensed Area Licensed 16.8 time is of the essence in respect of any obligation Hectares relating to time in this licence. AGD 66—Zone 53 17. Delegation 364259E 6440962N 10 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3259

364435E 6440710N Item 2—Marked-Off Areas 364219E 6440654N [Co-ordinates of developed areas within the site to be provided 364055E 6440478N by the licensee.] 363856E 6440463N White buoys of at least 12 inches in diameter must be placed All structures, equipment, buoys and flotations (except for that around the whole of the perimeter of the developed areas within required by the Department for Transport, Urban Planning and the site at a distance of no less than 50 m from one another. the Arts) must be black, dark grey, dark blue, dark brown, or dark green coloured materials. SCHEDULE 2 The boundary of the site to be marked either with: Item 1¾Permitted Species (a) (1) At the corners with posts extending 900 mm above The Director of Fisheries has, pursuant to section 50 (2) of the mean high water springs. Such posts to be marked Act, issued a permit for the release of the fish specified in this with a St Andrews cross, each cross arm measuring Schedule. 900 mm from tip to tip, minimum width 75 mm. Pacific Oysters (Crassostrea gigas) (2) Posts to be not less than 125 mm in diameter. Item 2¾Permitted Farming Methods (3) Posts and crosses to be painted yellow. BST Longlines (4) The ends of each cross to be marked with a Racks 200 mm strip of yellow retro-reflective tape. Each structure must comply with the construction requirements (5) Between the corner posts at intervals not exceeding specified in the Decision Notification Form issued for the site 50 m, buoys not less than 300 mm in diameter. under Regulation 42 of the Development Regulation Act 1993. (6) All buoys, posts, crosses and markers must be Item 3¾Stocking Rates maintained in good condition. Oysters or Size (mm) Number per Hectare (b) (1) At each corner, yellow spar buoys with a St 3 2 500 000 Andrews cross as a top mark placed at least 10 1 600 000 900 mm above the buoy, cross arms 900 mm long x 20 1 100 000 75 mm wide. 30 750 000 (2) The buoys and topmarks must all be coloured 40 500 000 yellow and marked with a yellow retro-reflective as 50 350 000 in (a) (4). 60 200 000 70 150 000 (3) All buoys, posts, crosses and markers must be 80 100 000 maintained in good condition. SCHEDULE 3 When the site is in navigable water and a possible danger to navigation, lights must be placed on the top of each St Andrews Item 1—Fees cross that is located at each corner of the site and these lights Annual licence fees are: 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. FRDC Levy per hectare 10 at $9.50 each...... 95.00 EMP Fee per hectare 10 at $17.70 each...... 177.00 Base Licence Fee per hectare 10 at $66 each...... 660.00 SASQAP (Classified Area) per hectare 10 at $80 each ...... 800.00 Total Annual Licence Fee...... 1 732.00 Quarterly Instalments...... 433.00 Item 2—Public Risk Insurance Five million dollars ($5 000 000). SCHEDULE 4 Returns The licensee must submit the following information to the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and 31 July during the term of this licence: 1. Name of licensee. 2. Address of licensee. 3. Species of fish farmed and held on the site. 4. Location of aquaculture operation. 5. Period covered by return. 6. Number of life stage of each species of fish held. 7. Number, weight and value of each species of fish held. 8. Details of any disease detected in any fish kept. 3260 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

9. Source (whether interstate or intrastate) of any stock 5. Permitted Methods acquired and date of acquisition (if relevant, include name The licensee: of authority that provided certification that stock was free from disease). 5.1 must not stock the permitted species at a rate greater than that specified in Schedule 2 of this licence; 10. If any fish were brought into the state, the number of fish and the life stage of the fish. 5.2 must not use the anti-fouling chemical tributyltin (TBT) on any equipment used at the site; 11. If fish were brought into the state, the purpose for which they were brought in. 5.3 must not use any chemical or drug for either therapeutic or prophylactic purpose except with the prior approval 12. Method of disposal of water and packaging use for of the Minister; transporting the fish. 5.4 must apply the permitted farming methods set out in 13. If any disease or symptom of disease occurred in the Item 2 of Schedule 2 of this licence; acquired fish. 5.5 must conduct an environmental monitoring program as 14. Method of disposal of diseased or dead fish and the set out in Schedule 5 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 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; 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 MARINE MOLLUSC FARMING LICENCE FM00130 particular must comply with any guidelines issued from (PREVIOUS LICENCE NO. F807) 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’), the specifications in Schedule 1 of this licence. Minister for Primary Industries (‘the Minister’) hereby grants to: 7. Site Inspection and Supervision Alan R. Chapman (12234) The licensee: 12 Onslow Road Modbury, S.A. 5092 7.1 must at all times permit the Minister, his employees, agents or contractors or any employees, agents or a non-exclusive licence to occupy and use the waters specified in contractors of the Crown to enter the site for the Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of purposes of inspecting the site, the sea floor and the farming and taking the permitted species (‘the permitted use’) for flora and fauna on or in the vicinity of the site; and the period commencing on 1 July 2000 and ending, subject to any earlier termination under this licence, on 30 June 2001 (‘the 7.2 must comply with all reasonable directions of any such term’) subject to the following terms and conditions: person authorised by the Director of Fisheries to inspect the conduct of the licensee’s activities at the site. CONDITIONS OF THIS LICENCE 1. Licence 8. Fees and Returns The parties acknowledge and agree that: The licensee: 1.1 the rights, powers and privileges granted to or vested in 8.1 must pay to the Minister the licence fee in accordance the licensee under this licence are contractual only and with Item l of Schedule 3 of this licence; shall not create or vest in the licensee any estate, 8.2 must on or before 31 January and 31 July during the interest or right of a proprietary nature in the site; and term, submit to the Minister a return supplying all of 1.2 that, subject to section 53A of the Fisheries Act 1982, the information described in Schedule 4 of this licence. this licence does not entitle the licensee to exclusive 9. Compliance With Relevant Laws rights of entry to and occupation of the site and that the rights granted by this licence are exercisable by the 9.1 the licensee must at all times comply with all laws, by- licensee in common with any other occupiers of the site laws or regulations in force which relate to the site or from time to time. the activities conducted in the site and with all notices, orders or requirements lawfully given or made by any 2. Marked-off Areas authority or authorities in respect of the site; For the purposes of section 53A of the Fisheries Act 1982, the 9.2 in particular, without derogating from the general marked-off areas within the site is that area or those areas requirement under condition 9 of this licence: marked-off or indicated in the manner set out in Item 2 of Schedule 1 of this licence. 9.2.1 the licensee must not do or permit to be done in upon or about the site anything which in the 3. Permitted Species opinion of the Minister would cause or contribute The licensee: to the degradation or pollution of any coastal land or the surrounding marine environment; and 3.1 must not farm or introduce any species at the site other than the permitted species; and 9.2.2 in the event that the Minister is satisfied, on reasonable grounds, that the fish taken from the 3.2 must not take any wild fish from the site except for waters are not fit for human consumption or that recreational purposes. consumption of fish taken from the waters could 4. Permitted Use present a danger to the health of the consumer, The licensee must not use the site for any purpose other than the licensee must, in accordance with a written the permitted use. notice from the Minister, cease or suspend the conduct of the permitted use or else conduct the permitted use as directed within the notice. 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3261

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; 3262 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

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 AGD 66—Zone 53 condition contained in this licence shall operate as a waiver of any breach of the same or any other term 765000E 6174780N 1 or condition contained in this licence. 765000E 6174880N 765100E 6174880N 20.3 No forbearance, delay or indulgence by the Minister 765100E 6174780N 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) The buoys and topmarks must all be coloured but if delivery is not made before 5 p.m. on yellow and marked with a yellow retro-reflective as any day it shall be deemed to be received at in (a) (4). 9 a.m. on the next day in that place. (3) All buoys, posts, crosses and markers must be 21.2 The Minister and the licensee may each vary their maintained in good condition. address or facsimile number at any time by written notice. When the site is in navigable water and a possible danger to navigation, lights must be placed on the top of each St Andrews 22. SASQAP cross that is located at each corner of the site and these lights 22.1 The licensee: 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 22.1.1 must submit to the Manager, South mile. Australian Shellfish Quality Assurance Program (‘SASQAP’) for testing such Item 2—Marked-Off Areas sample as the Manager, SASQAP requires of [Co-ordinates of developed areas within the site to be provided the fish farmed at the site and specified in by the licensee.] Item 1.1 of Schedule 2; White buoys of at least 12 inches in diameter must be placed 22.1.2 must comply with all reasonable require- around the whole of the perimeter of the developed areas within ments of the Manager, SASQAP in relation the site at a distance of no less than 50 m from one another. to such testing; and SCHEDULE 2 22.1.3 must obtain the written consent of the Manager, SASQAP, prior to making any of Item 1¾Permitted Species the fish farmed at the site and specified in The Director of Fisheries has, pursuant to section 50 (2) of the Item 1.1 of Schedule 2, available for human Act, issued a permit for the release of the fish specified in this consumption. Schedule. Granted by the General Manager Aquaculture, delegate of the Pacific Oysters (Crassostrea gigas) Minister, on 3 November 2000. Item 1.1—Fish subject to SASQAP testing I. NIGHTINGALE, General Manager Aquaculture Pacific Oysters (Crassostrea gigas) The licensee hereby acknowledges and agrees to the terms and Item 2¾Permitted Farming Methods conditions of this licence. Longlines Signed by the said A. CHAPMAN Each unit must not exceed 100 m in length and 2 m in width, In the presence of D. LANTHOS, Witness and each unit must be at least 6 m from any other unit. 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3263

Item 3¾Stocking Rates FISHERIES ACT 1982 Oysters MARINE MOLLUSC FARMING LICENCE FM00137 Size (mm) Number per Hectare (PREVIOUS LICENCE NO. F814) 3 2 500 000 Licence to Farm Fish under section 53 of the Fisheries 10 1 600 000 Act 1982 20 1 100 000 WHEREAS the Director of Fisheries has, pursuant to section 30 700 000 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to 40 500 000 the undermentioned licensee to release the fish specified in 50 350 000 Item 1 of Schedule 2 of this licence (‘the permitted species’), the 60 200 000 Minister for Primary Industries (‘the Minister’) hereby grants to: 70 150 000 80 100 000 G. J. Olds (12140) 63 Esplanade Avenue SCHEDULE 3 Coffin Bay, S.A. 5607 Item 1—Fees a non-exclusive licence to occupy and use the waters specified in Annual licence fees are: Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of farming and taking the permitted species (‘the permitted use’) for $ the period commencing on 1 July 2000 and ending, subject to any FRDC Levy per hectare 1 at $9.50 each...... 9.50 earlier termination under this licence, on 30 June 2001 (‘the EMP Fee per hectare 1 at 17.70 each...... 17.70 term’) subject to the following terms and conditions: Base Licence Fee per hectare 1 at $66 each...... 66.00 CONDITIONS OF THIS LICENCE Total Annual Licence Fee ...... 93.20 1. Licence Quarterly Instalments...... 23.30 The parties acknowledge and agree that: Item 2—Public Risk Insurance 1.1 the rights, powers and privileges granted to or vested in Five million dollars ($5 000 000). the licensee under this licence are contractual only and shall not create or vest in the licensee any estate, SCHEDULE 4 interest or right of a proprietary nature in the site; and Returns 1.2 that, subject to section 53A of the Fisheries Act 1982, The licensee must submit the following information to the this licence does not entitle the licensee to exclusive Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 rights of entry to and occupation of the site and that Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and the rights granted by this licence are exercisable by the 31 July during the term of this licence: licensee in common with any other occupiers of the site 1. Name of licensee. from time to time. Marked-off Areas 2. Address of licensee. 2. 3. Species of fish farmed and held on the site. For the purposes of section 53A of the Fisheries Act 1982, the marked-off areas within the site is that area or those areas 4. Location of aquaculture operation. marked-off or indicated in the manner set out in Item 2 of 5. Period covered by return. Schedule 1 of this licence. 6. Number of life stage of each species of fish held. 3. Permitted Species 7. Number, weight and value of each species of fish held. The licensee: 8. Details of any disease detected in any fish kept. 3.1 must not farm or introduce any species at the site other than the permitted species; and 9. Source (whether interstate or intrastate) of any stock acquired and date of acquisition (if relevant, include name 3.2 must not take any wild fish from the site except for of authority that provided certification that stock was recreational purposes. free from disease). 4. Permitted Use 10. If any fish were brought into the state, the number of The licensee must not use the site for any purpose other than fish and the life stage of the fish. the permitted use. 11. If fish were brought into the state, the purpose for which 5. Permitted Methods they were brought in. The licensee: 12. Method of disposal of water and packaging use for transporting the fish. 5.1 must not stock the permitted species at a rate greater than that specified in Schedule 2 of this licence; 13. If any disease or symptom of disease occurred in the acquired fish. 5.2 must not use the anti-fouling chemical tributyltin (TBT) on any equipment used at the site; 14. Method of disposal of diseased or dead fish and the number disposed of. 5.3 must not use any chemical or drug for either therapeutic or prophylactic purpose except with the prior approval 15. Signature, date and telephone number. of the Minister; 16. Use of any chemicals for fish husbandry—type of 5.4 must apply the permitted farming methods set out in chemical and quantity used, purpose and date of use. Item 2 of Schedule 2 of this licence. SCHEDULE 5 6. Marking and Maintaining the Site Approved Environmental Monitoring Program The licensee: An Environmental Monitoring Program for the site must 6.1 must ensure that the site is maintained in a good, tidy comply with the general requirements for environmental and safe condition to the satisfaction of the Minister; monitoring specified in the Decision Notification Form issued for the site under Regulation 42 of the Development Regulations 6.2 must remove and lawfully dispose of any waste or debris 1993. on the site as soon as is reasonably practicable and in particular must comply with any guidelines issued from The licensee must submit a draft Environmental Monitoring time to time by the Minister in relation to the removal Program in writing to the Director of Fisheries within 60 days from the site of any unhealthy or dead fish; after the grant of the licence by the Minister. 3264 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

6.3 must maintain all buoys, crosses, and markers on the site 13.1 provide a guarantee from its bankers; or in good condition and in accordance with the colours 13.2 contribute to an indemnity scheme established for specified in Schedule 1 of this licence; and the aquaculture and fisheries industry and approved by 6.4 must mark the site boundary in accordance with the the Minister, specifications in Schedule 1 of this licence. to and in favour of and for the benefit of the Minister by way of 7. Site Inspection and Supervision security for the due and punctual performance by the licensee of The licensee: the terms and conditions of this licence and in particular the obligations of the licensee to rehabilitate the site immediately 7.1 must at all times permit the Minister, his employees, prior to the expiration or sooner determination of the term of agents or contractors or any employees, agents or this licence. Such guarantee or indemnity scheme must have contractors of the Crown to enter the site for the effect from the date of commencement of the term. purposes of inspecting the site, the sea floor and the No Assignment flora and fauna on or in the vicinity of the site; and 14. 7.2 must comply with all reasonable directions of any such The licensee acknowledges that this licence is personal and it person authorised by the Director of Fisheries to inspect must not assign or sublet or deal in any other way with any the conduct of the licensee’s activities at the site. interest in this licence. Default by Licensee and Termination 8. Fees and Returns 15. The licensee: The Minister may terminate this licence immediately by notice in writing served on the licensee if: 8.1 must pay to the Minister the licence fee in accordance with Item l of Schedule 3 of this licence; 15.1 the licensee commits or permits any breach or default of the obligations imposed on the licensee by 8.2 must on or before 31 January and 31 July during the this licence, and following the giving by the Minister term, submit to the Minister a return supplying all of of written notice of such breach or default, the the information described in Schedule 4 of this licence. licensee either fails to rectify such breach or default 9. Compliance With Relevant Laws within one calendar month of the date of such notice (or earlier if the circumstances require) or fails to 9.1 the licensee must at all times comply with all laws, by- make diligent progress towards rectifying any such laws or regulations in force which relate to the site or breach which is incapable of rectification within the the activities conducted in the site and with all notices, time so limited; or orders or requirements lawfully given or made by any authority or authorities in respect of the site; 15.2 the licensee commits or permits any further breach or default of the obligations imposed on the licensee 9.2 in particular, without derogating from the general by this licence for which the Minister has previously requirement under condition 9 of this licence: given notice in writing of such breach or default 9.2.1 the licensee must not do or permit to be done in pursuant to paragraph 1 of condition 15.1 notwith- upon or about the site anything which in the standing rectification of the previous breach or opinion of the Minister would cause or contribute default; or to the degradation or pollution of any coastal 15.3 the licence fee referred to in condition 8 is unpaid land or the surrounding marine environment; and for a period of 14 days after notice has been given to 9.2.2 in the event that the Minister is satisfied, on the licensee that it is outstanding; or reasonable grounds, that the fish taken from the 15.4 if the licensee is a body corporate, any of the waters are not fit for human consumption or that following occur: consumption of fish taken from the waters could present a danger to the health of the consumer, 15.4.1 the licensee is unable to pay its debts as and the licensee must, in accordance with a written when they fall due or is otherwise insolvent; notice from the Minister, cease or suspend the 15.4.2 an order is made for the winding up or conduct of the permitted use or else conduct the liquidation of the licensee; permitted use as directed within the notice. 15.4.3 the licensee enters into a scheme of 10. Public Risk Liability arrangement, compromise, moratorium or The licensee must at all times indemnify the Minister, his other form of composition with its creditors officers, employees, contractors and agents from and against all or any class of its creditors; claims, demands, actions, judgments, proceedings, damages, losses, 15.4.4 a receiver, a manager or a receiver and costs, charges and expenses in respect of any loss of life, personal manager, a company administrator or other injury and/or damage to property caused or suffered in any insolvency administrator is appointed to the manner in or about the site. licensee; or 11. Release 15.4.5 a mortgagee, chargee or other encum- The licensee must use and keep the site at the risk in all things brancee is appointed over or takes of the licensee and the licensee must release to the full extent possession of or appoints an agent to take permitted by law the Minister, his agents, contractors and possession of all or any of the licensee’s servants in the absence of any wilful act, omission, default or assets; or neglect on their part from all claims and demands of every kind 15.5 if the licensee is an individual, the licensee: resulting from any accident damage or injury to persons or 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 form of composition for the benefit of the 12. Public Risk Insurance licensee’s creditors; or The licensee shall at its own cost and expense during the term 15.5.2 is convicted of an indictable offence. 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 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 produced by the licensee to the Minister on request in writing being made by the Minister for its production. 13. Guarantee or Indemnity Scheme The licensee must either: 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3265

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) vice versa if sent by facsimile transmission, upon and ; 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 by the General Manager Aquaculture, delegate of the construction of this licence; Minister, on 14 November 2000. 16.6 a reference to a statute shall include all statutes I. NIGHTINGALE, General Manager Aquaculture 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 G. OLDS this licence shall bind the licensees jointly and each of them severally; and In the presence of: P. OLDS, 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 Hectares given, done or performed or which may be given, done or AGD 66—Zone 53 performed by the Minister may for the purposes of this licence be properly given, done or performed by any duly authorised agent 533450E 6175700N 5 or employee of the Minister. 533750E 6175700N 533750E 6175533N 18. Severance 533450E 6175533N 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 (b) 20.3 No forbearance, delay or indulgence by the Minister (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) The buoys and topmarks must all be coloured 21.1 Notices may be served by delivering the same yellow and marked with a yellow retro-reflective as personally, by mail or facsimile transmission and shall in (a) (4). be: (3) All buoys, posts, crosses and markers must be 21.1.1 in writing addressed to the Director of maintained in good condition. Fisheries, PIRSA, 16th Floor, 25 Grenfell When the site is in navigable water and a possible danger to Street, Adelaide, S.A. 5000 (in the case of navigation, lights must be placed on the top of each St Andrews the Minister) and to the address of the cross that is located at each corner of the site and these lights licensee set out above (in the case of the must be yellow in colour and flashing once every 4 seconds and licensee); visible over an arc of 360 degrees for a distance of at least one 21.1.2 signed by or on behalf of the sender or by a mile. person duly authorised in that regard by the sender; 3266 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

Item 2—Marked-Off Areas 15. Signature, date and telephone number. [Co-ordinates of developed areas within the site to be provided 16. Use of any chemicals for fish husbandry—type of by the licensee.] chemical and quantity used, purpose and date of use. White buoys of at least 12 inches in diameter must be placed around the whole of the perimeter of the developed areas within the site at a distance of no less than 50 m from one another. FISHERIES ACT 1982 SCHEDULE 2 MARINE MOLLUSC FARMING LICENCE FM00170 Item 1¾Permitted Species (PREVIOUS LICENCE NO. F1573) Licence to Farm Fish under section 53 of the Fisheries The Director of Fisheries has, pursuant to section 50 (2) of the Act 1982 Act, issued a permit for the release of the fish specified in this Schedule. WHEREAS the Director of Fisheries has, pursuant to section Crassostrea gigas 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to Pacific Oysters ( ) the undermentioned licensee to release the fish specified in Item 2¾Permitted Farming Methods Item 1 of Schedule 2 of this licence (‘the permitted species’), the Longlines Minister for Primary Industries (‘the Minister’) hereby grants to: Each unit must not exceed 100 m in length and 2 m in width, Oyster Cove Shellfish Pty Ltd (19863) and each unit must be at least 6 m from any other unit. 27/5 Mount Barker Road Urbrae, S.A. 5064 Item 3¾Stocking Rates a non-exclusive licence to occupy and use the waters specified in Oysters Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of Size (mm) Number per Hectare farming and taking the permitted species (‘the permitted use’) for the period commencing on 1 July 2000 and ending, subject to any 3 2 500 000 earlier termination under this licence, on 30 June 2001 (‘the 10 1 600 000 term’) subject to the following terms and conditions: 20 1 100 000 30 750 000 CONDITIONS OF THIS LICENCE 40 500 000 1. Licence 50 350 000 The parties acknowledge and agree that: 60 200 000 70 150 000 1.1 the rights, powers and privileges granted to or vested in 80 100 000 the licensee under this licence are contractual only and shall not create or vest in the licensee any estate, SCHEDULE 3 interest or right of a proprietary nature in the site; and Item 1—Fees 1.2 that, subject to section 53A of the Fisheries Act 1982, Annual licence fees are: this licence does not entitle the licensee to exclusive rights of entry to and occupation of the site and that $ the rights granted by this licence are exercisable by the FRDC Levy per hectare 5 at $9.50 each...... 47.50 licensee in common with any other occupiers of the site EMP Fee per hectare 5 at $17.50 each...... 88.50 from time to time. Base Licence Fee per hectare 5 at $66 each...... 330.00 Marked-off Areas SASQAP (Classified Area) per hectare 5 at $80 each..... 400.00 2. Total Annual Licence Fee ...... 866.00 For the purposes of section 53A of the Fisheries Act 1982, the marked-off areas within the site is that area or those areas Quarterly Instalments...... 216.50 marked-off or indicated in the manner set out in Item 2 of Item 2—Public Risk Insurance Schedule 1 of this licence. Five million dollars ($5 000 000). 3. Permitted Species SCHEDULE 4 The licensee: Returns 3.1 must not farm or introduce any species at the site other The licensee must submit the following information to the than the permitted species; and Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 3.2 must not take any wild fish from the site except for Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and recreational purposes. 31 July during the term of this licence: 4. Permitted Use 1. Name of licensee. The licensee must not use the site for any purpose other than 2. Address of licensee. the permitted use. 3. Species of fish farmed and held on the site. 5. Permitted Methods 4. Location of aquaculture operation. The licensee: 5. Period covered by return. 5.1 must not stock the permitted species at a rate greater 6. Number of life stage of each species of fish held. than that specified in Schedule 2 of this licence; 7. Number, weight and value of each species of fish held. 5.2 must not use the anti-fouling chemical tributyltin (TBT) on any equipment used at the site; 8. Details of any disease detected in any fish kept. 5.3 must not use any chemical or drug for either therapeutic 9. Source (whether interstate or intrastate) of any stock or prophylactic purpose except with the prior approval acquired and date of acquisition (if relevant, include name of the Minister; of authority that provided certification that stock was free from disease). 5.4 must apply the permitted farming methods set out in Item 2 of Schedule 2 of this licence. 10. If any fish were brought into the state, the number of fish and the life stage of the fish. 11. If fish were brought into the state, the purpose for which they were brought in. 12. Method of disposal of water and packaging use for transporting the fish. 13. If any disease or symptom of disease occurred in the acquired fish. 14. Method of disposal of diseased or dead fish and the number disposed of. 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3267

6. Marking and Maintaining the Site 12. Public Risk Insurance The licensee: The licensee shall at its own cost and expense during the term 6.1 must ensure that the site is maintained in a good, tidy effect and keep in full force and effect in respect of the site and and safe condition to the satisfaction of the Minister; the permitted use a policy of public risk insurance in the joint names of the licensee and the Minister in which the limits of 6.2 must remove and lawfully dispose of any waste or debris public risk shall not be less than the amount specified in Item 2 of on the site as soon as is reasonably practicable and in Schedule 3 of this licence, or such further amount as the Minister particular must comply with any guidelines issued from may from time to time reasonably require, as the amount which time to time by the Minister in relation to the removal may be paid out in respect of any one single claim and a policy of from the site of any unhealthy or dead fish; insurance or copy thereof or a certificate of insurance shall be 6.3 must maintain all buoys, crosses, and markers on the site produced by the licensee to the Minister on request in writing in good condition and in accordance with the colours being made by the Minister for its production. specified in Schedule 1 of this licence; and 13. Guarantee or Indemnity Scheme 6.4 must mark the site boundary in accordance with the The licensee must either: specifications in Schedule 1 of this licence. 13.1 provide a guarantee from its bankers; or 7. Site Inspection and Supervision 13.2 contribute to an indemnity scheme established for The licensee: the aquaculture and fisheries industry and approved by 7.1 must at all times permit the Minister, his employees, the Minister, agents or contractors or any employees, agents or to and in favour of and for the benefit of the Minister by way of contractors of the Crown to enter the site for the security for the due and punctual performance by the licensee of purposes of inspecting the site, the sea floor and the the terms and conditions of this licence and in particular the flora and fauna on or in the vicinity of the site; and 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 must not assign or sublet or deal in any other way with any 8.1 must pay to the Minister the licence fee in accordance interest in this licence. with Item l of Schedule 3 of this licence; 15. Default by Licensee and Termination 8.2 must on or before 31 January and 31 July during the 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 default of the obligations imposed on the licensee by 9.1 the licensee must at all times comply with all laws, by- this licence, and following the giving by the Minister laws or regulations in force which relate to the site or of written notice of such breach or default, the the activities conducted in the site and with all notices, licensee either fails to rectify such breach or default orders or requirements lawfully given or made by any within one calendar month of the date of such notice authority or authorities in respect of the site; (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 time so limited; or 9.2.1 the licensee must not do or permit to be done in 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- 9.2.2 in the event that the Minister is satisfied, on standing rectification of the previous breach or reasonable grounds, that the fish taken from the default; or waters are not fit for human consumption or that consumption of fish taken from the waters could 15.3 the licence fee referred to in condition 8 is unpaid present a danger to the health of the consumer, for a period of 14 days after notice has been given to the licensee must, in accordance with a written the licensee that it is outstanding; or notice from the Minister, cease or suspend the 15.4 if the licensee is a body corporate, any of the conduct of the permitted use or else conduct the following occur: permitted use as directed within the notice. 15.4.1 the licensee is unable to pay its debts as and 10. Public Risk Liability when they fall due or is otherwise insolvent; The licensee must at all times indemnify the Minister, his 15.4.2 an order is made for the winding up or officers, employees, contractors and agents from and against all liquidation of the licensee; claims, demands, actions, judgments, proceedings, damages, losses, costs, charges and expenses in respect of any loss of life, personal 15.4.3 the licensee enters into a scheme of injury and/or damage to property caused or suffered in any arrangement, compromise, moratorium or manner in or about the site. other form of composition with its creditors or any class of its creditors; 11. Release 15.4.4 a receiver, a manager or a receiver and The licensee must use and keep the site at the risk in all things manager, a company administrator or other of the licensee and the licensee must release to the full extent insolvency administrator is appointed to the permitted by law the Minister, his agents, contractors and licensee; or servants in the absence of any wilful act, omission, default or neglect on their part from all claims and demands of every kind 15.4.5 a mortgagee, chargee or other encum- resulting from any accident damage or injury to persons or brancee is appointed over or takes property occurring at the site, including loss or damage to the possession of or appoints an agent to take licensee’s fixtures or personal property of the licensee. possession of all or any of the licensee’s assets; or 3268 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

15.5 if the licensee is an individual, the licensee: 21. Notices 15.5.1 becomes bankrupt or assigns its estate or 21.1 Notices may be served by delivering the same enters into a deed of arrangement or other personally, by mail or facsimile transmission and shall form of composition for the benefit of the be: licensee’s creditors; or 21.1.1 in writing addressed to the Director of 15.5.2 is convicted of an indictable offence. Fisheries, PIRSA, 16th Floor, 25 Grenfell Termination of this licence by the Minister shall be Street, Adelaide, S.A. 5000 (in the case of without prejudice to any rights, remedies or actions the Minister) and to the address of the that the Minister may have against the licensee in licensee set out above (in the case of the respect of any antecedent breach by the licensee of licensee); the terms and conditions contained in this licence. 21.1.2 signed by or on behalf of the sender or by a 16. Interpretation person duly authorised in that regard by the sender; Subject to any inconsistency of subject or context, the following rules of construction shall be used in the interpretation 21.1.3 deemed to be duly served or made in the of this licence: following circumstances: (a) 16.1 any word importing the plural includes the singular if delivered, upon delivery; and vice versa; (b) if sending by mail, upon posting; 16.2 any wording importing a gender shall include all (c) if sent by facsimile transmission, upon other genders; the sender’s facsimile producing a 16.3 a reference to a body corporate shall include a transmission report that the facsimile natural person and vice versa; was satisfactorily sent in its entirety to the addressee’s facsimile number, 16.4 a reference to a recital, party, clause, Schedule or Annexure is a reference to a recital, party, clause, but if delivery is not made before 5 p.m. on Schedule or Annexure of this licence; any day it shall be deemed to be received at 9 a.m. on the next day in that place. 16.5 the captions, headings, section numbers and clause numbers appearing in this licence are inserted only as 21.2 The Minister and the licensee may each vary their a matter of convenience and in no way affect the address or facsimile number at any time by written construction of this licence; notice. 16.6 a reference to a statute shall include all statutes Granted by the General Manager Aquaculture, delegate of the amending, consolidating or replacing the statutes Minister, on 3 November 2000. referred to; I. NIGHTINGALE, General Manager Aquaculture 16.7 where two or more persons are named as licensees, The licensee hereby acknowledges and agrees to the terms and this licence shall bind the licensees jointly and each of conditions of this licence. them severally; and The Common Seal of Oyster Cove Shellfish Pty Ltd was 16.8 time is of the essence in respect of any obligation hereunto affixed in the presence of: relating to time in this licence. (L.S.) D. MOYLE, Director 17. Delegation D. MOYLE, Secretary Any consent, notice, any consultation or any other thing In the presence of F. FUSS, Witness which is pursuant to the terms of this licence either required to be given, done or performed or which may be given, done or SCHEDULE 1 performed by the Minister may for the purposes of this licence be Item 1—The Site properly given, done or performed by any duly authorised agent or employee of the Minister. Area applicable to this licence: 18. Severance Licensed Area Licensed Hectares If any term or condition of this licence should be for any AGD 66—Zone 53 reason unlawful, void, invalid or unenforceable then the offending term or condition shall be severed from this licence without 752321E 6038220N 10 affecting the validity or enforceability of the remainder of this 752568E 6037975N licence. 752803E 6038209N 752621E 6038389N 19. Modification All structures, equipment, buoys and flotations (except for that No variation of or addition to any provision of this licence required by the Department for Transport, Urban Planning and shall be binding upon the Minister and the licensee unless such the Arts) must be black, dark grey, dark blue, dark brown, or dark variation or addition is made in writing, signed by both the green coloured materials. Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. The boundary of the site to be marked either with: 20. Waiver (a) (1) At the corners with posts extending 900 mm above mean high water springs. Such posts to be marked 20.1 A waiver of any provision of this licence by the with a St Andrews cross, each cross arm measuring Minister must both be in writing and be signed by the 900 mm from tip to tip, minimum width 75 mm. Minister or by persons duly authorised to execute such a document on the Minister’s part. (2) Posts to be not less than 125 mm in diameter. 20.2 No waiver by the Minister of a breach of a term or (3) Posts and crosses to be painted yellow. condition contained in this licence shall operate as a (4) The ends of each cross to be marked with a waiver of any breach of the same or any other term 200 mm strip of yellow retro-reflective tape. or condition contained in this licence. (5) Between the corner posts at intervals not exceeding 20.3 No forbearance, delay or indulgence by the Minister 50 m, buoys not less than 300 mm in diameter. in enforcing the provisions of this licence shall prejudice or restrict the rights of the Minister. (6) All buoys, posts, crosses and markers must be maintained in good condition. or 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3269

(b) (1) At each corner, yellow spar buoys with a St 1 July 2000 to 30 June 2001 must be forwarded to the General Andrews cross as a top mark placed at least Manager Aquaculture on or before 14 July 2001. 900 mm above the buoy, cross arms 900 mm long x The licence holder must make available all farm Registers for 75 mm wide. inspection by PIRSA Fisheries and Aquaculture Compliance (2) The buoys and topmarks must all be coloured Officers immediately upon being requested by such an officer. yellow and marked with a yellow retro-reflective as (a) The licence holder must complete a ‘Farmed Abalone Disposal in (4). Statement’ and forward this Statement to PIRSA Fisheries and (3) All buoys, posts, crosses and markers must be Aquaculture Compliance at least 48 hours prior to disposal of maintained in good condition. farmed stock. When the site is in navigable water and a possible danger to The licence holder must comply with the Fisheries Act 1982 navigation, lights must be placed on the top of each St Andrews while transporting fish. All fish moved from the site must be cross that is located at each corner of the site and these lights moved ‘in shell’. 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 The licence holder must ensure that no processing occurs at sea mile. and must further ensure that no dead farm fish or waste is deposited at sea. Item 2—Marked-Off Areas Item 3¾Stocking Rates [Co-ordinates of developed areas within the site to be provided Oysters by the licensee.] Size (mm) Number per Hectare White buoys of at least 12 inches in diameter must be placed around the whole of the perimeter of the developed areas within 3 2 500 000 the site at a distance of no less than 50 m from one another. 10 1 600 000 20 1 100 000 SCHEDULE 2 30 750 000 Item 1¾Permitted Species 40 500 000 50 350 000 The Director of Fisheries has, pursuant to section 50 (2) of the 60 200 000 Act, issued a permit for the release of the fish specified in this 70 150 000 Schedule. 80 100 000 Blacklip Abalone (Haliotis rubra) Mussels Greenlip Abalone (Haliotis laevigata) Size (mm) Number per Hectare Native Oysters (Ostrea angasi) 3 30 000 000 Pacific Oysters (Crassostrea gigas) 10 20 000 000 20 16 100 000 Scallops (Queen) (Equichlamys bifrons) 30 13 000 000 Scallops (Dough Boy) (Mimachlamys asperrimus) 40 6 000 000 50 4 000 000 Item 2¾Permitted Farming Methods 60 2 000 000 Racks 70 1 500 000 Longlines 80 1 000 000 90 750 000 Each unit must not exceed 100 m in length and 2 m in width, 100 500 000 and each unit must be at least 6 m from any other unit. The licence holder must not stock the site with more than The Licence Holder must source all farm stock from either: 50 000 individuals of the permitted species at any time. The size (a) registered South Australian growers or hatcheries; or of the abalone shell measured at the greatest shell dimension, (b) wholly from, or the progeny of, wild stocks from South must not be less than 20 mm in length and must not be greater Australian waters. than 90 mm in length. SCHEDULE 3 The licence holder must maintain a Stock Movement Register Item 1—Fees which must be kept to immediately record all movements of abalone stock to and from the farm and to be kept regardless of Annual licence fees are: the purpose of the movement of the stock. The Stock $ Movement Register must be a bound book with consecutively numbered pages, each entry must be recorded in ink in the order FRDC Levy per hectare 10 at $9.50 each...... 95.00 of events, each entry must be made immediately below the EMP Fee per hectare 10 at $17.70 each...... 177.00 previous entry and each page must be filled before commencing Base Licence Fee per hectare 10 at $66 each...... 660.00 the next page. SASQAP (Classified Area) per hectare 10 at $80 each ...... 800.00 The Stock Movement Register must include the following information: Total Annual Licence Fee...... 1 732.00 Quarterly Instalments...... 433.00 (a) the time, date and number of stock placed on the site; and Item 2—Public Risk Insurance (b) the time, date and number of stock removed from the Five million dollars ($5 000 000). site. SCHEDULE 4 The licence holder must keep the Stock Movement Register Returns for 12 months from the last entry date. A photocopy of the Register for the period from the date of this licence to 30 June The licensee must submit the following information to the 2000 must be forwarded to PIRSA General Manager Aquaculture Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 on or before 14 July 2000. A photocopy of the Registers for the Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and period from 1 July 2000 to 30 June 2001 must be forwarded to 31 July during the term of this licence: the General Manager Aquaculture on or before 14 July 2001. 1. Name of licensee. The licence holder must maintain a Mortality Register and 2. Address of licensee. record the mortalities of all farm abalone. Mortalities must be physically counted at intervals of no more than three months. 3. Species of fish farmed and held on the site. The licence holder must keep the Mortality Register for 12 4. Location of aquaculture operation. months from the last entry date. A photocopy of the Register for 5. Period covered by return. the period from the date of this licence to 30 June 2000 must be forwarded to PIRSA General Manager Aquaculture on or before 6. Number of life stage of each species of fish held. 14 July 2000. A photocopy of the Registers for the period from 7. Number, weight and value of each species of fish held. 3270 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

8. Details of any disease detected in any fish kept. 5. Permitted Methods 9. Source (whether interstate or intrastate) of any stock The licensee: acquired and date of acquisition (if relevant, include name 5.1 must not stock the permitted species at a rate greater of authority that provided certification that stock was than that specified in Schedule 2 of this licence; free from disease). 5.2 must not use the anti-fouling chemical tributyltin (TBT) 10. If any fish were brought into the state, the number of on any equipment used at the site; fish and the life stage of the fish. 5.3 must not use any chemical or drug for either therapeutic 11. If fish were brought into the state, the purpose for which or prophylactic purpose except with the prior approval they were brought in. of the Minister; 12. Method of disposal of water and packaging use for 5.4 must apply the permitted farming methods set out in transporting the fish. Item 2 of Schedule 2 of this licence. 13. If any disease or symptom of disease occurred in the 6. Marking and Maintaining the Site acquired fish. The licensee: 14. Method of disposal of diseased or dead fish and the 6.1 must ensure that the site is maintained in a good, tidy number disposed of. and safe condition to the satisfaction of the Minister; 15. Signature, date and telephone number. 6.2 must remove and lawfully dispose of any waste or debris 16. Use of any chemicals for fish husbandry—type of on the site as soon as is reasonably practicable and in chemical and quantity used, purpose and date of use. particular must comply with any guidelines issued from time to time by the Minister in relation to the removal from the site of any unhealthy or dead fish; FISHERIES ACT 1982 6.3 must maintain all buoys, crosses, and markers on the site MARINE MOLLUSC FARMING LICENCE FM00171 in good condition and in accordance with the colours (PREVIOUS LICENCE NO. F1574) specified in Schedule 1 of this licence; and Licence to Farm Fish under section 53 of the Fisheries 6.4 must mark the site boundary in accordance with the Act 1982 specifications in Schedule 1 of this licence. WHEREAS the Director of Fisheries has, pursuant to section 7. Site Inspection and Supervision 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to The licensee: the undermentioned licensee to release the fish specified in 7.1 must at all times permit the Minister, his employees, Item 1 of Schedule 2 of this licence (‘the permitted species’), the agents or contractors or any employees, agents or Minister for Primary Industries (‘the Minister’) hereby grants to: contractors of the Crown to enter the site for the Oyster Cove Shellfish Pty Ltd (19863) purposes of inspecting the site, the sea floor and the 27/5 Mount Barker Road flora and fauna on or in the vicinity of the site; and Urbrae, S.A. 5064 7.2 must comply with all reasonable directions of any such a non-exclusive licence to occupy and use the waters specified in person authorised by the Director of Fisheries to inspect Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of the conduct of the licensee’s activities at the site. farming and taking the permitted species (‘the permitted use’) for 8. Fees and Returns the period commencing on 1 July 2000 and ending, subject to any earlier termination under this licence, on 30 June 2001 (‘the The licensee: term’) subject to the following terms and conditions: 8.1 must pay to the Minister the licence fee in accordance with Item l of Schedule 3 of this licence; CONDITIONS OF THIS LICENCE 1. Licence 8.2 must on or before 31 January and 31 July during the 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 shall not create or vest in the licensee any estate, 9.1 the licensee must at all times comply with all laws, by- interest or right of a proprietary nature in the site; and laws or regulations in force which relate to the site or the activities conducted in the site and with all notices, 1.2 that, subject to section 53A of the Fisheries Act 1982, orders or requirements lawfully given or made by any this licence does not entitle the licensee to exclusive authority or authorities in respect of the site; rights of entry to and occupation of the site and that the rights granted by this licence are exercisable by the 9.2 in particular, without derogating from the general licensee in common with any other occupiers of the site requirement under condition 9 of this licence: from time to time. 9.2.1 the licensee must not do or permit to be done in 2. Marked-off Areas upon or about the site anything which in the opinion of the Minister would cause or contribute For the purposes of section 53A of the Fisheries Act 1982, the to the degradation or pollution of any coastal marked-off areas within the site is that area or those areas land or the surrounding marine environment; and marked-off or indicated in the manner set out in Item 2 of Schedule 1 of this licence. 9.2.2 in the event that the Minister is satisfied, on reasonable grounds, that the fish taken from the 3. Permitted Species waters are not fit for human consumption or that The licensee: consumption of fish taken from the waters could present a danger to the health of the consumer, 3.1 must not farm or introduce any species at the site other the licensee must, in accordance with a written than the permitted species; and notice from the Minister, cease or suspend the 3.2 must not take any wild fish from the site except for conduct of the permitted use or else conduct the recreational purposes. permitted use as directed within the notice. 4. Permitted Use 10. Public Risk Liability The licensee must not use the site for any purpose other than The licensee must at all times indemnify the Minister, his the permitted use. officers, employees, contractors and agents from and against all claims, demands, actions, judgments, proceedings, damages, losses, costs, charges and expenses in respect of any loss of life, personal injury and/or damage to property caused or suffered in any manner in or about the site. 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3271

11. Release 15.4.4 a receiver, a manager or a receiver and The licensee must use and keep the site at the risk in all things manager, a company administrator or other of the licensee and the licensee must release to the full extent insolvency administrator is appointed to the permitted by law the Minister, his agents, contractors and licensee; or servants in the absence of any wilful act, omission, default or 15.4.5 a mortgagee, chargee or other encum- neglect on their part from all claims and demands of every kind brancee is appointed over or takes resulting from any accident damage or injury to persons or possession of or appoints an agent to take property occurring at the site, including loss or damage to the possession of all or any of the licensee’s licensee’s fixtures or personal property of the licensee. assets; or 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. 3272 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

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 or condition contained in this licence. (b) (1) At each corner, yellow spar buoys with a St 20.3 No forbearance, delay or indulgence by the Minister Andrews cross as a top mark placed at least in enforcing the provisions of this licence shall 900 mm above the buoy, cross arms 900 mm long x prejudice or restrict the rights of the Minister. 75 mm wide. Notices 21. (2) The buoys and topmarks must all be coloured 21.1 Notices may be served by delivering the same yellow and marked with a yellow retro-reflective as personally, by mail or facsimile transmission and shall in (a) (4). be: (3) All buoys, posts, crosses and markers must be 21.1.1 in writing addressed to the Director of maintained in good condition. Fisheries, PIRSA, 16th Floor, 25 Grenfell When the site is in navigable water and a possible danger to Street, Adelaide, S.A. 5000 (in the case of navigation, lights must be placed on the top of each St Andrews the Minister) and to the address of the cross that is located at each corner of the site and these lights licensee set out above (in the case of the must be yellow in colour and flashing once every 4 seconds and licensee); visible over an arc of 360 degrees for a distance of at least one 21.1.2 signed by or on behalf of the sender or by a mile. person duly authorised in that regard by the Item 2—Marked-Off Areas sender; [Co-ordinates of developed areas within the site to be provided 21.1.3 deemed to be duly served or made in the by the licensee.] following circumstances: (a) White buoys of at least 12 inches in diameter must be placed if delivered, upon delivery; around the whole of the perimeter of the developed areas within (b) if sending by mail, upon posting; the site at a distance of no less than 50 m from one another. (c) if sent by facsimile transmission, upon SCHEDULE 2 the sender’s facsimile producing a Item 1¾Permitted Species transmission report that the facsimile was satisfactorily sent in its entirety to The Director of Fisheries has, pursuant to section 50 (2) of the the addressee’s facsimile number, Act, issued a permit for the release of the fish specified in this Schedule. but if delivery is not made before 5 p.m. on any day it shall be deemed to be received at Blacklip Abalone (Haliotis rubra) 9 a.m. on the next day in that place. Greenlip Abalone (Haliotis laevigata) 21.2 The Minister and the licensee may each vary their Native Oysters (Ostrea angasi) address or facsimile number at any time by written notice. Pacific Oysters (Crassostrea gigas) Granted by the General Manager Aquaculture, delegate of the Scallops (Queen) (Equichlamys bifrons) Minister, on 3 November 2000. Scallops (Dough Boy) (Mimachlamys asperrimus) I. NIGHTINGALE, General Manager Aquaculture Item 2¾Permitted Farming Methods The licensee hereby acknowledges and agrees to the terms and Racks conditions of this licence. Longlines The Common Seal of Oyster Cove Shellfish Pty Ltd was Each unit must not exceed 100 m in length and 2 m in width, hereunto affixed in the presence of: and each unit must be at least 6 m from any other unit. (L.S.) D. MOYLE, Director The Licence Holder must source all farm stock from either: D. MOYLE, Secretary (a) registered South Australian growers or hatcheries; or In the presence of F. FUSS, Witness (b) wholly from, or the progeny of, wild stocks from South SCHEDULE 1 Australian waters. Item 1—The Site The licence holder must maintain a Stock Movement Register which must be kept to immediately record all movements of Area applicable to this licence: abalone stock to and from the farm and to be kept regardless of Licensed Area Licensed the purpose of the movement of the stock. The Stock Hectares Movement Register must be a bound book with consecutively AGD 66—Zone 53 numbered pages, each entry must be recorded in ink in the order 751820E 6037551N 10 of events, each entry must be made immediately below the 751991E 6037401N previous entry and each page must be filled before commencing 752223E 6037632N the next page. 751975E 6037872N The Stock Movement Register must include the following All structures, equipment, buoys and flotations (except for that information: required by the Department for Transport, Urban Planning and (a) the time, date and number of stock placed on the site; the Arts) must be black, dark grey, dark blue, dark brown, or dark and green coloured materials. (b) the time, date and number of stock removed from the The boundary of the site to be marked either with: site. (a) (1) At the corners with posts extending 900 mm above The licence holder must keep the Stock Movement Register mean high water springs. Such posts to be marked for 12 months from the last entry date. A photocopy of the with a St Andrews cross, each cross arm measuring Register for the period from the date of this licence to 30 June 900 mm from tip to tip, minimum width 75 mm. 2000 must be forwarded to PIRSA General Manager Aquaculture (2) Posts to be not less than 125 mm in diameter. on or before 14 July 2000. A photocopy of the Registers for the period from 1 July 2000 to 30 June 2001 must be forwarded to (3) Posts and crosses to be painted yellow. the General Manager Aquaculture on or before 14 July 2001. (4) The ends of each cross to be marked with a The licence holder must maintain a Mortality Register and 200 mm strip of yellow retro-reflective tape. record the mortalities of all farm abalone. Mortalities must be (5) Between the corner posts at intervals not exceeding physically counted at intervals of no more than three months. 50 m, buoys not less than 300 mm in diameter. The licence holder must keep the Mortality Register for 12 months from the last entry date. A photocopy of the Register for 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3273 the period from the date of this licence to 30 June 2000 must be SCHEDULE 4 forwarded to PIRSA General Manager Aquaculture on or before Returns 14 July 2000. A photocopy of the Registers for the period from 1 July 2000 to 30 June 2001 must be forwarded to the General The licensee must submit the following information to the Manager Aquaculture on or before 14 July 2001. Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and The licence holder must make available all farm Registers for 31 July during the term of this licence: inspection by PIRSA Fisheries and Aquaculture Compliance Officers immediately upon being requested by such an officer. 1. Name of licensee. The licence holder must complete a ‘Farmed Abalone Disposal 2. Address of licensee. Statement’ and forward this Statement to PIRSA Fisheries and 3. Species of fish farmed and held on the site. Aquaculture Compliance at least 48 hours prior to disposal of 4. Location of aquaculture operation. farmed stock. 5. Period covered by return. The licence holder must comply with the Fisheries Act 1982 while transporting fish. All fish moved from the site must be 6. Number of life stage of each species of fish held. moved ‘in shell’. 7. Number, weight and value of each species of fish held. The licence holder must ensure that no processing occurs at sea 8. Details of any disease detected in any fish kept. and must further ensure that no dead farm fish or waste is 9. Source (whether interstate or intrastate) of any stock deposited at sea. acquired and date of acquisition (if relevant, include name Item 3¾Stocking Rates of authority that provided certification that stock was Oysters free from disease). 10. If any fish were brought into the state, the number of Size (mm) Number per Hectare fish and the life stage of the fish. 3 2 500 000 11. If fish were brought into the state, the purpose for which 10 1 600 000 they were brought in. 20 1 100 000 30 750 000 12. Method of disposal of water and packaging use for 40 500 000 transporting the fish. 50 350 000 13. If any disease or symptom of disease occurred in the 60 200 000 acquired fish. 70 150 000 80 100 000 14. Method of disposal of diseased or dead fish and the number disposed of. Mussels 15. Signature, date and telephone number. Size (mm) Number per Hectare 16. Use of any chemicals for fish husbandry—type of 3 30 000 000 chemical and quantity used, purpose and date of use. 10 20 000 000 20 16 100 000 30 13 000 000 FISHERIES ACT 1982 40 6 000 000 MARINE MOLLUSC FARMING LICENCE FM00218 50 4 000 000 60 2 000 000 Licence to Farm Fish under section 53 of the Fisheries 70 1 500 000 Act 1982 80 1 000 000 WHEREAS the Director of Fisheries has, pursuant to section 90 750 000 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to 100 500 000 the undermentioned licensee to release the fish specified in The licence holder must not stock the site with more than Item 1 of Schedule 2 of this licence (‘the permitted species’), the 50 000 individuals of the permitted species at any time. The size Minister for Primary Industries (‘the Minister’) hereby grants to: of the abalone shell measured at the greatest shell dimension, Andre J. Seidl (19777) must not be less than 20 mm in length and must not be greater Gary Seidl (13008) than 90 mm in length. 59 Bergmann Drive SCHEDULE 3 Ceduna, S.A. 5690 Item 1—Fees a non-exclusive licence to occupy and use the waters specified in Annual licence fees are: Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of farming and taking the permitted species (‘the permitted use’) for $ the period commencing on 1 July 2000 and ending, subject to any FRDC Levy per hectare 10 at $9.50 each...... 95.00 earlier termination under this licence, on 30 June 2001 (‘the EMP Fee per hectare 10 at $17.70 each...... 177.00 term’) subject to the following terms and conditions: Base Licence Fee per hectare 10 at $66 each...... 660.00 SASQAP (Classified Area) per hectare 10 at $80 CONDITIONS OF THIS LICENCE each...... 800.00 1. Licence Total Annual Licence Fee ...... 1 732.00 The parties acknowledge and agree that: Quarterly Instalments...... 433.00 1.1 the rights, powers and privileges granted to or vested in Item 2—Public Risk Insurance the licensee under this licence are contractual only and shall not create or vest in the licensee any estate, Five million dollars ($5 000 000). interest or right of a proprietary nature in the site; and 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 the rights granted by this licence are exercisable by the licensee in common with any other occupiers of the site from time to time. 3274 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

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 reasonable grounds, that the fish taken from the The licensee: 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, the licensee must, in accordance with a written 3.2 must not take any wild fish from the site except for notice from the Minister, cease or suspend the recreational purposes. 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 claims, demands, actions, judgments, proceedings, damages, losses, The licensee: 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: Site Inspection and Supervision 7. 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 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. No Assignment The licensee: 14. 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 interest in this licence. 8.2 must on or before 31 January and 31 July during the Default by Licensee and Termination term, submit to the Minister a return supplying all of 15. the information described in Schedule 4 of this licence. The Minister may terminate this licence immediately by notice 9. Compliance With Relevant Laws in writing served on the licensee if: 9.1 the licensee must at all times comply with all laws, by- 15.1 the licensee commits or permits any breach or laws or regulations in force which relate to the site or default of the obligations imposed on the licensee by the activities conducted in the site and with all notices, this licence, and following the giving by the Minister orders or requirements lawfully given or made by any of written notice of such breach or default, the authority or authorities in respect of the site; licensee either fails to rectify such breach or default within one calendar month of the date of such notice 9.2 in particular, without derogating from the general (or earlier if the circumstances require) or fails to requirement under condition 9 of this licence: make diligent progress towards rectifying any such breach which is incapable of rectification within the time so limited; or 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3275

15.2 the licensee commits or permits any further breach 17. Delegation or default of the obligations imposed on the licensee Any consent, notice, any consultation or any other thing by this licence for which the Minister has previously which is pursuant to the terms of this licence either required to be given notice in writing of such breach or default given, done or performed or which may be given, done or pursuant to paragraph 1 of condition 15.1 notwith- performed by the Minister may for the purposes of this licence be standing rectification of the previous breach or properly given, done or performed by any duly authorised agent default; or or employee of the Minister. 15.3 the licence fee referred to in condition 8 is unpaid 18. Severance for a period of 14 days after notice has been given to the licensee that it is outstanding; or If any term or condition of this licence should be for any reason unlawful, void, invalid or unenforceable then the offending 15.4 if the licensee is a body corporate, any of the term or condition shall be severed from this licence without following occur: affecting the validity or enforceability of the remainder of this 15.4.1 the licensee is unable to pay its debts as and licence. when they fall due or is otherwise insolvent; 19. Modification 15.4.2 an order is made for the winding up or No variation of or addition to any provision of this licence liquidation of the licensee; shall be binding upon the Minister and the licensee unless such 15.4.3 the licensee enters into a scheme of variation or addition is made in writing, signed by both the arrangement, compromise, moratorium or Minister and the licensee and expressed to be either supplemental other form of composition with its creditors to or in substitution for the whole or a part of this licence. or any class of its creditors; 20. Waiver 15.4.4 a receiver, a manager or a receiver and 20.1 A waiver of any provision of this licence by the manager, a company administrator or other Minister must both be in writing and be signed by the insolvency administrator is appointed to the Minister or by persons duly authorised to execute such licensee; or a document on the Minister’s part. 15.4.5 a mortgagee, chargee or other encum- 20.2 No waiver by the Minister of a breach of a term or brancee is appointed over or takes condition contained in this licence shall operate as a possession of or appoints an agent to take waiver of any breach of the same or any other term possession of all or any of the licensee’s or condition contained in this licence. assets; or 20.3 No forbearance, delay or indulgence by the Minister 15.5 if the licensee is an individual, the licensee: in enforcing the provisions of this licence shall 15.5.1 becomes bankrupt or assigns its estate or prejudice or restrict the rights of the Minister. enters into a deed of arrangement or other 21. Notices form of composition for the benefit of the licensee’s creditors; or 21.1 Notices may be served by delivering the same personally, by mail or facsimile transmission and shall 15.5.2 is convicted of an indictable offence. be: Termination of this licence by the Minister shall be 21.1.1 in writing addressed to the Director of without prejudice to any rights, remedies or actions Fisheries, PIRSA, 16th Floor, 25 Grenfell that the Minister may have against the licensee in Street, Adelaide, S.A. 5000 (in the case of respect of any antecedent breach by the licensee of the Minister) and to the address of the the terms and conditions contained in this licence. licensee set out above (in the case of the 16. Interpretation licensee); Subject to any inconsistency of subject or context, the 21.1.2 signed by or on behalf of the sender or by a following rules of construction shall be used in the interpretation person duly authorised in that regard by the of this licence: sender; 16.1 any word importing the plural includes the singular 21.1.3 deemed to be duly served or made in the and vice versa; following circumstances: 16.2 any wording importing a gender shall include all (a) if delivered, upon delivery; other genders; (b) if sending by mail, upon posting; 16.3 a reference to a body corporate shall include a (c) vice versa if sent by facsimile transmission, upon natural person and ; the sender’s facsimile producing a 16.4 a reference to a recital, party, clause, Schedule or transmission report that the facsimile Annexure is a reference to a recital, party, clause, was satisfactorily sent in its entirety to Schedule or Annexure of this licence; the addressee’s facsimile number, 16.5 the captions, headings, section numbers and clause but if delivery is not made before 5 p.m. on numbers appearing in this licence are inserted only as any day it shall be deemed to be received at a matter of convenience and in no way affect the 9 a.m. on the next day in that place. construction of this licence; 21.2 The Minister and the licensee may each vary their 16.6 a reference to a statute shall include all statutes address or facsimile number at any time by written amending, consolidating or replacing the statutes notice. referred to; 22. SASQAP 16.7 where two or more persons are named as licensees, 22.1 The licensee: this licence shall bind the licensees jointly and each of them severally; and 22.1.1 must submit to the Manager, South Australian Shellfish Quality Assurance 16.8 time is of the essence in respect of any obligation Program (‘SASQAP’) for testing such relating to time in this licence. sample as the Manager, SASQAP requires of the fish farmed at the site and specified in Item 1.1 of Schedule 2; 3276 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

22.1.2 must comply with all reasonable require- SCHEDULE 2 ments of the Manager, SASQAP in relation Item 1¾Permitted Species to such testing; and The Director of Fisheries has, pursuant to section 50 (2) of the 22.1.3 must obtain the written consent of the Act, issued a permit for the release of the fish specified in this Manager, SASQAP, prior to making any of Schedule. the fish farmed at the site and specified in Item 1.1 of Schedule 2, available for human Pacific Oysters (Crassostrea gigas) consumption. Item 1.1—Fish subject to SASQAP testing Granted by the General Manager Aquaculture, delegate of the Pacific Oysters (Crassostrea gigas) Minister, on 14 November 2000. Item 2¾Permitted Farming Methods I. NIGHTINGALE, General Manager Aquaculture Racks The licensee hereby acknowledges and agrees to the terms and Longlines conditions of this licence. Each unit must not exceed 100 m in length and 2 m in width, Signed by the said G. SEIDL and each unit must be at least 6 m from any other unit. and A. SEIDL Item 3¾Stocking Rates In the presence of: S. SPRIGGS, Witness Oysters SCHEDULE 1 Size (mm) Number per Hectare Item 1—The Site 3 2 500 000 Area applicable to this licence: 10 1 600 000 20 1 100 000 Licensed Area Licensed 30 750 000 Hectares 40 500 000 AGD 66—Zone 53 50 350 000 425646E 6399396N 10 60 200 000 425901E 6399718N 70 150 000 425698E 6399832N 80 100 000 425426E 6399519N SCHEDULE 3 All structures, equipment, buoys and flotations (except for that Item 1—Fees required by the Department for Transport, Urban Planning and the Arts) must be black, dark grey, dark blue, dark brown, or dark Annual licence fees are: green coloured materials. $ The boundary of the site to be marked either with: FRDC Levy per hectare 10 at $9.50 each...... 95.00 (a) (1) At the corners with posts extending 900 mm above EMP Fee per hectare 10 at $17.70 each...... 177.00 mean high water springs. Such posts to be marked Base Licence Fee per hectare 10 at $66 each...... 660.00 with a St Andrews cross, each cross arm measuring Total Annual Licence Fee...... 932.00 900 mm from tip to tip, minimum width 75 mm. Quarterly Instalments...... 233.00 (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) The buoys and topmarks must all be coloured 5. Period covered by return. yellow and marked with a yellow retro-reflective as in (a) (4). 6. Number of life stage of each species of fish held. (3) All buoys, posts, crosses and markers must be 7. Number, weight and value of each species of fish held. maintained in good condition. 8. Details of any disease detected in any fish kept. When the site is in navigable water and a possible danger to 9. Source (whether interstate or intrastate) of any stock navigation, lights must be placed on the top of each St Andrews acquired and date of acquisition (if relevant, include name cross that is located at each corner of the site and these lights of authority that provided certification that stock was must be yellow in colour and flashing once every 4 seconds and free from disease). visible over an arc of 360 degrees for a distance of at least one mile. 10. If any fish were brought into the state, the number of fish and the life stage of the fish. Item 2—Marked-Off Areas 11. If fish were brought into the state, the purpose for which [Co-ordinates of developed areas within the site to be provided they were brought in. by the licensee.] 12. Method of disposal of water and packaging use for White buoys of at least 12 inches in diameter must be placed transporting the fish. around the whole of the perimeter of the developed areas within the site at a distance of no less than 50 m from one another. 13. If any disease or symptom of disease occurred in the acquired fish. 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3277

14. Method of disposal of diseased or dead fish and the 6. Marking and Maintaining the Site number disposed of. The licensee: 15. Signature, date and telephone number. 6.1 must ensure that the site is maintained in a good, tidy 16. Use of any chemicals for fish husbandry—type of and safe condition to the satisfaction of the Minister; chemical and quantity used, purpose and date of use. 6.2 must remove and lawfully dispose of any waste or debris on the site as soon as is reasonably practicable and in FISHERIES ACT 1982 particular must comply with any guidelines issued from time to time by the Minister in relation to the removal MARINE MOLLUSC FARMING LICENCE FM00225 from the site of any unhealthy or dead fish; (PREVIOUS LICENCE NO. F1522) 6.3 must maintain all buoys, crosses, and markers on the site Licence to Farm Fish under section 53 of the Fisheries in good condition and in accordance with the colours Act 1982 specified in Schedule 1 of this licence; and WHEREAS the Director of Fisheries has, pursuant to section 6.4 must mark the site boundary in accordance with the 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to specifications in Schedule 1 of this licence. the undermentioned licensee to release the fish specified in Site Inspection and Supervision Item 1 of Schedule 2 of this licence (‘the permitted species’), the 7. Minister for Primary Industries (‘the Minister’) hereby grants to: The licensee: Robert A. Frezza (12309) 7.1 must at all times permit the Minister, his employees, 10 Bayview Road 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 2000 and ending, subject to any person authorised by the Director of Fisheries to inspect earlier termination under this licence, on 30 June 2001 (‘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 Permitted Species to the degradation or pollution of any coastal 3. 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 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, the licensee must, in accordance with a written 4. Permitted Use 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 officers, employees, contractors and agents from and against all 5.1 must not stock the permitted species at a rate greater claims, demands, actions, judgments, proceedings, damages, losses, than that specified in Schedule 2 of this licence; 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 The licensee must use and keep the site at the risk in all things of the Minister; 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 neglect on their part from all claims and demands of every kind 5.5 must conduct an environmental monitoring program as resulting from any accident damage or injury to persons or set out in Schedule 5 of this licence. property occurring at the site, including loss or damage to the licensee’s fixtures or personal property of the licensee. 3278 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

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 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3279

21. Notices (b) (1) At each corner, yellow spar buoys with a St 21.1 Notices may be served by delivering the same Andrews cross as a top mark placed at least personally, by mail or facsimile transmission and shall 900 mm above the buoy, cross arms 900 mm long x be: 75 mm wide. 21.1.1 in writing addressed to the Director of (2) The buoys and topmarks must all be coloured yellow and marked with a yellow retro-reflective as Fisheries, PIRSA, 16th Floor, 25 Grenfell (a) Street, Adelaide, S.A. 5000 (in the case of in (4). the Minister) and to the address of the (3) 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 a 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 21.1.3 deemed to be duly served or made in the mile. following circumstances: Item 2—Marked-Off Areas (a) if delivered, upon delivery; (b) if sending by mail, upon posting; [Co-ordinates of developed areas within the site to be provided by the licensee.] (c) if sent by facsimile transmission, upon the sender’s facsimile producing a White buoys of at least 12 inches in diameter must be placed transmission report that the facsimile around the whole of the perimeter of the developed areas within was satisfactorily sent in its entirety to the site at a distance of no less than 50 m from one another. the addressee’s facsimile number, SCHEDULE 2 but if delivery is not made before 5 p.m. on Item 1¾Permitted Species any day it shall be deemed to be received at The Director of Fisheries has, pursuant to section 50 (2) of the 9 a.m. on the next day in that place. Act, issued a permit for the release of the fish specified in this 21.2 The Minister and the licensee may each vary their Schedule. address or facsimile number at any time by written Blue Mussels (Mytilus edulis) notice. Item 2¾Permitted Farming Methods Granted by the General Manager Aquaculture, delegate of the Minister, on 2 November 2000. Longlines I. NIGHTINGALE, General Manager Aquaculture 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. The licensee hereby acknowledges and agrees to the terms and conditions of this licence. Item 3¾Stocking Rates The Common Seal of Ianniello Industries Pty Ltd (ACN 068 Mussels 448 126) was hereunto affixed in the presence of: Size (mm) Number per Hectare (L.S.) R. A. FREZZA, Director 3 30 000 000 and D. IANNIELLO, Secretary 10 20 000 000 20 16 100 000 SCHEDULE 1 30 13 000 000 Item 1—The Site 40 6 000 000 50 4 000 000 Area applicable to this licence: 60 2 000 000 Licensed Area Licensed 70 1 500 000 Hectares 80 1 000 000 AGD 66—Zone 53 90 750 000 580810E 6163420N 5 100 500 000 580586E 6163420N SCHEDULE 3 580586E 6163643N Item 1—Fees 580810E 6163643N All structures, equipment, buoys and flotations (except for that Annual licence fees are: required by the Department for Transport, Urban Planning and $ the Arts) must be black, dark grey, dark blue, dark brown, or dark FRDC Levy per hectare 5 at $3.50 each...... 17.50 green coloured materials. Base Licence Fee per hectare 5 at $75 each...... 375.00 The boundary of the site to be marked either with: SASQAP (Under Classification) ...... 1 120.00 (a) (1) At the corners with posts extending 900 mm above Total Annual Licence Fee...... 1 512.50 mean high water springs. Such posts to be marked Quarterly Instalments...... 378.13 with a St Andrews cross, each cross arm measuring Item 2—Public Risk Insurance 900 mm from tip to tip, minimum width 75 mm. Five million dollars ($5 000 000). (2) Posts to be not less than 125 mm in diameter. SCHEDULE 4 (3) Posts and crosses to be painted yellow. Returns (4) The ends of each cross to be marked with a 200 mm strip of yellow retro-reflective tape. The licensee must submit the following information to the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 (5) Between the corner posts at intervals not exceeding Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and 50 m, buoys not less than 300 mm in diameter. 31 July during the term of this licence: (6) All buoys, posts, crosses and markers must be 1. Name of licensee. maintained in good condition. 2. Address of licensee. or 3. Species of fish farmed and held on the site. 3280 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

4. Location of aquaculture operation. 1.2 that, subject to section 53A of the Fisheries Act 1982, 5. Period covered by return. this licence does not entitle the licensee to exclusive rights of entry to and occupation of the site and that 6. Number of life stage of each species of fish held. the rights granted by this licence are exercisable by the 7. Number, weight and value of each species of fish held. licensee in common with any other occupiers of the site from time to time. 8. Details of any disease detected in any fish kept. 2. Marked-off Areas 9. Source (whether interstate or intrastate) of any stock acquired and date of acquisition (if relevant, include name For the purposes of section 53A of the Fisheries Act 1982, the of authority that provided certification that stock was marked-off areas within the site is that area or those areas free from disease). marked-off or indicated in the manner set out in Item 2 of Schedule 1 of this licence. 10. If any fish were brought into the state, the number of fish and the life stage of the fish. 3. Permitted Species 11. If fish were brought into the state, the purpose for which The licensee: they were brought in. 3.1 must not farm or introduce any species at the site other 12. Method of disposal of water and packaging use for than the permitted species; and transporting the fish. 3.2 must not take any wild fish from the site except for 13. If any disease or symptom of disease occurred in the recreational purposes. acquired fish. 4. Permitted Use 14. Method of disposal of diseased or dead fish and the The licensee must not use the site for any purpose other than number disposed of. the permitted use. 15. Signature, date and telephone number. 5. Permitted Methods 16. Use of any chemicals for fish husbandry—type of The licensee: chemical and quantity used, purpose and date of use. 5.1 must not stock the permitted species at a rate greater SCHEDULE 5 than that specified in Schedule 2 of this licence; Approved Environmental Monitoring Program 5.2 must not use the anti-fouling chemical tributyltin (TBT) An Environmental Monitoring Program for the site must on any equipment used at the site; comply with the general requirements for environmental 5.3 must not use any chemical or drug for either therapeutic monitoring specified in the Decision Notification Form issued for or prophylactic purpose except with the prior approval the site under Regulation 42 of the Development Regulations of the Minister; 1993. 5.4 must apply the permitted farming methods set out in An Environmental Monitoring Program for the site must Item 2 of Schedule 2 of this licence. comply with Schedule 10 of the Environment Protection Marking and Maintaining the Site (Marine) Policy 1994. 6. The licensee must submit a draft Environmental Monitoring The licensee: Program in writing to the Director of Fisheries within 60 days 6.1 must ensure that the site is maintained in a good, tidy after the grant of the licence by the Minister. 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 FM00307 time to time by the Minister in relation to the removal (PREVIOUS LICENCE NO. F730A) 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’), the Site Inspection and Supervision Minister for Primary Industries (‘the Minister’) hereby grants to: 7. M. J. and B. Sexton The licensee: Mark Sexton (19713) 7.1 must at all times permit the Minister, his employees, Betty V. Sexton (18626) agents or contractors or any employees, agents or Joan M. Sexton (19714) contractors of the Crown to enter the site for the 36 Old Mount Barker Road purposes of inspecting the site, the sea floor and the Stirling, S.A. 5152 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 1 July 2000 and ending, subject to any 8. Fees and Returns earlier termination under this licence, on 30 June 2001 (‘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 1. Licence with Item l of Schedule 3 of this licence; The parties acknowledge and agree that: 8.2 must on or before 31 January and 31 July during the 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, interest or right of a proprietary nature in the site; and 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3281

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 9.2.2 in the event that the Minister is satisfied, on pursuant to paragraph 1 of condition 15.1 notwith- reasonable grounds, that the fish taken from the standing rectification of the previous breach or waters are not fit for human consumption or that default; or consumption of fish taken from the waters could 15.3 the licence fee referred to in condition 8 is unpaid present a danger to the health of the consumer, for a period of 14 days after notice has been given to the licensee must, in accordance with a written the licensee that it is outstanding; or notice from the Minister, cease or suspend the conduct of the permitted use or else conduct the 15.4 if the licensee is a body corporate, any of the permitted use as directed within the notice. following occur: 10. Public Risk Liability 15.4.1 the licensee is unable to pay its debts as and when they fall due or is otherwise insolvent; The licensee must at all times indemnify the Minister, his officers, employees, contractors and agents from and against all 15.4.2 an order is made for the winding up or claims, demands, actions, judgments, proceedings, damages, losses, liquidation of the licensee; costs, charges and expenses in respect of any loss of life, personal 15.4.3 the licensee enters into a scheme of injury and/or damage to property caused or suffered in any arrangement, compromise, moratorium or manner in or about the site. other form of composition with its creditors 11. Release or any class of its creditors; The licensee must use and keep the site at the risk in all things 15.4.4 a receiver, a manager or a receiver and of the licensee and the licensee must release to the full extent manager, a company administrator or other permitted by law the Minister, his agents, contractors and insolvency administrator is appointed to the servants in the absence of any wilful act, omission, default or licensee; or neglect on their part from all claims and demands of every kind 15.4.5 a mortgagee, chargee or other encum- resulting from any accident damage or injury to persons or brancee is appointed over or takes property occurring at the site, including loss or damage to the possession of or appoints an agent to take licensee’s fixtures or personal property of the licensee. possession of all or any of the licensee’s 12. Public Risk Insurance assets; or The licensee shall at its own cost and expense during the term 15.5 if the licensee is an individual, the licensee: effect and keep in full force and effect in respect of the site and 15.5.1 becomes bankrupt or assigns its estate or the permitted use a policy of public risk insurance in the joint enters into a deed of arrangement or other names of the licensee and the Minister in which the limits of form of composition for the benefit of the public risk shall not be less than the amount specified in Item 2 of licensee’s creditors; or Schedule 3 of this licence, or such further amount as the Minister 15.5.2 is convicted of an indictable offence. 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 Termination of this licence by the Minister shall be insurance or copy thereof or a certificate of insurance shall be without prejudice to any rights, remedies or actions produced by the licensee to the Minister on request in writing that the Minister may have against the licensee in being made by the Minister for its production. respect of any antecedent breach by the licensee of 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 13.1 provide a guarantee from its bankers; or following rules of construction shall be used in the interpretation 13.2 contribute to an indemnity scheme established for of this licence: the aquaculture and fisheries industry and approved by 16.1 any word importing the plural includes the singular the Minister, and vice versa; to and in favour of and for the benefit of the Minister by way of 16.2 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 obligations of the licensee to rehabilitate the site immediately 16.3 a reference to a body corporate shall include a prior to the expiration or sooner determination of the term of natural person and vice versa; this licence. Such guarantee or indemnity scheme must have 16.4 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, 14. No Assignment Schedule or Annexure of this licence; The licensee acknowledges that this licence is personal and it 16.5 the captions, headings, section numbers and clause must not assign or sublet or deal in any other way with any numbers appearing in this licence are inserted only as interest in this licence. a matter of convenience and in no way affect the construction of this licence; 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; 16.7 where two or more persons are named as licensees, this licence shall bind the licensees jointly and each of them severally; and 16.8 time is of the essence in respect of any obligation relating to time in this licence. 3282 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

17. Delegation The licensee hereby acknowledges and agrees to the terms and Any consent, notice, any consultation or any other thing conditions of this licence. which is pursuant to the terms of this licence either required to be Signed by the said B. SEXTON given, done or performed or which may be given, done or In the presence of: M. LOVE, Witness performed by the Minister may for the purposes of this licence be properly given, done or performed by any duly authorised agent Signed by the said J. SEXTON or employee of the Minister. In the presence of: M. LOVE, Witness Severance 18. Signed by the said MARK SEXTON If any term or condition of this licence should be for any In the presence of: W. NICHOLLS, Witness reason unlawful, void, invalid or unenforceable then the offending term or condition shall be severed from this licence without Signed by the said MICHAEL SEXTON affecting the validity or enforceability of the remainder of this In the presence of: I. CHAMPION, Witness licence. SCHEDULE 1 19. Modification Item 1—The Site No variation of or addition to any provision of this licence shall be binding upon the Minister and the licensee unless such Area applicable to this licence: variation or addition is made in writing, signed by both the Licensed Area Licensed Minister and the licensee and expressed to be either supplemental Hectares to or in substitution for the whole or a part of this licence. AGD 66—Zone 53 20. Waiver 394939E 6416958N 2.25 20.1 A waiver of any provision of this licence by the 394992E 6416954N Minister must both be in writing and be signed by the 394962E 6416531N Minister or by persons duly authorised to execute such 394909E 6416534N a document on the Minister’s part. All structures, equipment, buoys and flotations (except for that 20.2 No waiver by the Minister of a breach of a term or required by the Department for Transport, Urban Planning and condition contained in this licence shall operate as a the Arts) must be black, dark grey, dark blue, dark brown, or dark waiver of any breach of the same or any other term green coloured materials. or condition contained in this licence. The boundary of the site to be marked either with: 20.3 No forbearance, delay or indulgence by the Minister (a) (1) At the corners with posts extending 900 mm above in enforcing the provisions of this licence shall mean high water springs. Such posts to be marked prejudice or restrict the rights of the Minister. with a St Andrews cross, each cross arm measuring 21. Notices 900 mm from tip to tip, minimum width 75 mm. 21.1 Notices may be served by delivering the same (2) Posts to be not less than 125 mm in diameter. personally, by mail or facsimile transmission and shall (3) Posts and crosses to be painted yellow. be: (4) The ends of each cross to be marked with a 21.1.1 in writing addressed to the Director of 200 mm strip of yellow retro-reflective tape. Fisheries, PIRSA, 16th Floor, 25 Grenfell (5) Between the corner posts at intervals not exceeding Street, Adelaide, S.A. 5000 (in the case of 50 m, buoys not less than 300 mm in diameter. the Minister) and to the address of the licensee set out above (in the case of the (6) All buoys, posts, crosses and markers must be licensee); maintained in good condition. 21.1.2 signed by or on behalf of the sender or by a or person duly authorised in that regard by the (b) (1) At each corner, yellow spar buoys with a St sender; Andrews cross as a top mark placed at least 21.1.3 deemed to be duly served or made in the 900 mm above the buoy, cross arms 900 mm long x following circumstances: 75 mm wide. (a) if delivered, upon delivery; (2) The buoys and topmarks must all be coloured (b) yellow and marked with a yellow retro-reflective as if sending by mail, upon posting; in (a) (4). (c) if sent by facsimile transmission, upon (3) All buoys, posts, crosses and markers must be the sender’s facsimile producing a maintained in good condition. transmission report that the facsimile was satisfactorily sent in its entirety to When the site is in navigable water and a possible danger to the addressee’s facsimile number, navigation, lights must be placed on the top of each St Andrews cross that is located at each corner of the site and these lights but if delivery is not made before 5 p.m. on must be yellow in colour and flashing once every 4 seconds and any day it shall be deemed to be received at visible over an arc of 360 degrees for a distance of at least one 9 a.m. on the next day in that place. mile. 21.2 The Minister and the licensee may each vary their Item 2—Marked-Off Areas address or facsimile number at any time by written notice. [Co-ordinates of developed areas within the site to be provided by the licensee.] Granted by the General Manager Aquaculture, delegate of the Minister, on 25 October 2000. White buoys of at least 12 inches in diameter must be placed around the whole of the perimeter of the developed areas within I. NIGHTINGALE, General Manager Aquaculture the site at a distance of no less than 50 m from one another. SCHEDULE 2 Item 1¾Permitted Species 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. Pacific Oysters (Crassostrea gigas) 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3283

Item 2¾Permitted Farming Methods FISHERIES ACT 1982 Racks MARINE MOLLUSC FARMING LICENCE FM00332 Each unit must not exceed 100 m in length and 2 m in width, Licence to Farm Fish under section 53 of the Fisheries and each unit must be at least 6 m from any other unit. Act 1982 Item 3¾Stocking Rates WHEREAS the Director of Fisheries has, pursuant to section Oysters 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to the undermentioned licensee to release the fish specified in Size (mm) Number per Hectare Item 1 of Schedule 2 of this licence (‘the permitted species’), the 3 2 500 000 Minister for Primary Industries (‘the Minister’) hereby grants to: 10 1 600 000 Gary Seidl (13008) 20 1 100 000 59 Bergmann Drive 30 750 000 Ceduna, S.A. 5690 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 2000 and ending, subject to any earlier termination under this licence, on 30 June 2001 (‘the SCHEDULE 3 term’) subject to the following terms and conditions: Item 1—Fees CONDITIONS OF THIS LICENCE Annual licence fees are: 1. Licence $ The parties acknowledge and agree that: FRDC Levy per hectare 2.25 at $9.50 each...... 21.38 1.1 the rights, powers and privileges granted to or vested in EMP Fee per hectare 2.25 at $17.70 each...... 39.83 the licensee under this licence are contractual only and Base Licence Fee per hectare 2.25 at $66 each...... 148.50 shall not create or vest in the licensee any estate, SASQAP (Classified Area) per hectare 2.25 interest or right of a proprietary nature in the site; and at $80 each...... 180.00 1.2 that, subject to section 53A of the Fisheries Act 1982, Total Annual Licence Fee ...... 389.70 this licence does not entitle the licensee to exclusive Quarterly Instalments...... 97.43 rights of entry to and occupation of the site and that the rights granted by this licence are exercisable by the Item 2—Public Risk Insurance licensee in common with any other occupiers of the site Five million dollars ($5 000 000). from time to time. SCHEDULE 4 2. Marked-off Areas Returns 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 licensee must submit the following information to the marked-off or indicated in the manner set out in Item 2 of Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 Schedule 1 of this licence. Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and 31 July during the term of this licence: 3. Permitted Species 1. Name of licensee. The licensee: 2. Address of licensee. 3.1 must not farm or introduce any species at the site other than the permitted species; and 3. Species of fish farmed and held on the site. 3.2 must not take any wild fish from the site except for 4. Location of aquaculture operation. recreational purposes. 5. Period covered by return. 4. Permitted Use 6. Number of life stage of each species of fish held. The licensee must not use the site for any purpose other than 7. Number, weight and value of each species of fish held. the permitted use. 8. Details of any disease detected in any fish kept. 5. Permitted Methods 9. Source (whether interstate or intrastate) of any stock The licensee: acquired and date of acquisition (if relevant, include name 5.1 must not stock the permitted species at a rate greater of authority that provided certification that stock was than that specified in Schedule 2 of this licence; free from disease). 5.2 must not use the anti-fouling chemical tributyltin (TBT) 10. If any fish were brought into the state, the number of on any equipment used at the site; fish and the life stage of the fish. 5.3 must not use any chemical or drug for either therapeutic 11. If fish were brought into the state, the purpose for which or prophylactic purpose except with the prior approval they were brought in. of the Minister; 12. Method of disposal of water and packaging use for 5.4 must apply the permitted farming methods set out in transporting the fish. Item 2 of Schedule 2 of this licence. 13. If any disease or symptom of disease occurred in the 6. Marking and Maintaining the Site acquired fish. The licensee: 14. Method of disposal of diseased or dead fish and the 6.1 must ensure that the site is maintained in a good, tidy number disposed of. and safe condition to the satisfaction of the Minister; 15. Signature, date and telephone number. 6.2 must remove and lawfully dispose of any waste or debris 16. Use of any chemicals for fish husbandry—type of on the site as soon as is reasonably practicable and in chemical and quantity used, purpose and date of use. particular must comply with any guidelines issued from time to time by the Minister in relation to the removal from the site of any unhealthy or dead fish; 3284 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

6.3 must maintain all buoys, crosses, and markers on the site 13.1 provide a guarantee from its bankers; or in good condition and in accordance with the colours 13.2 contribute to an indemnity scheme established for specified in Schedule 1 of this licence; and the aquaculture and fisheries industry and approved by 6.4 must mark the site boundary in accordance with the the Minister, specifications in Schedule 1 of this licence. to and in favour of and for the benefit of the Minister by way of 7. Site Inspection and Supervision security for the due and punctual performance by the licensee of The licensee: the terms and conditions of this licence and in particular the obligations of the licensee to rehabilitate the site immediately 7.1 must at all times permit the Minister, his employees, prior to the expiration or sooner determination of the term of agents or contractors or any employees, agents or this licence. Such guarantee or indemnity scheme must have contractors of the Crown to enter the site for the effect from the date of commencement of the term. purposes of inspecting the site, the sea floor and the No Assignment flora and fauna on or in the vicinity of the site; and 14. 7.2 must comply with all reasonable directions of any such The licensee acknowledges that this licence is personal and it person authorised by the Director of Fisheries to inspect must not assign or sublet or deal in any other way with any the conduct of the licensee’s activities at the site. interest in this licence. Default by Licensee and Termination 8. Fees and Returns 15. The licensee: The Minister may terminate this licence immediately by notice in writing served on the licensee if: 8.1 must pay to the Minister the licence fee in accordance with Item l of Schedule 3 of this licence; 15.1 the licensee commits or permits any breach or default of the obligations imposed on the licensee by 8.2 must on or before 31 January and 31 July during the this licence, and following the giving by the Minister term, submit to the Minister a return supplying all of of written notice of such breach or default, the the information described in Schedule 4 of this licence. licensee either fails to rectify such breach or default 9. Compliance With Relevant Laws within one calendar month of the date of such notice (or earlier if the circumstances require) or fails to 9.1 the licensee must at all times comply with all laws, by- make diligent progress towards rectifying any such laws or regulations in force which relate to the site or breach which is incapable of rectification within the the activities conducted in the site and with all notices, time so limited; or orders or requirements lawfully given or made by any authority or authorities in respect of the site; 15.2 the licensee commits or permits any further breach or default of the obligations imposed on the licensee 9.2 in particular, without derogating from the general by this licence for which the Minister has previously requirement under condition 9 of this licence: given notice in writing of such breach or default 9.2.1 the licensee must not do or permit to be done in pursuant to paragraph 1 of condition 15.1 notwith- upon or about the site anything which in the standing rectification of the previous breach or opinion of the Minister would cause or contribute default; or to the degradation or pollution of any coastal 15.3 the licence fee referred to in condition 8 is unpaid land or the surrounding marine environment; and for a period of 14 days after notice has been given to 9.2.2 in the event that the Minister is satisfied, on the licensee that it is outstanding; or reasonable grounds, that the fish taken from the 15.4 if the licensee is a body corporate, any of the waters are not fit for human consumption or that following occur: consumption of fish taken from the waters could present a danger to the health of the consumer, 15.4.1 the licensee is unable to pay its debts as and the licensee must, in accordance with a written when they fall due or is otherwise insolvent; notice from the Minister, cease or suspend the 15.4.2 an order is made for the winding up or conduct of the permitted use or else conduct the liquidation of the licensee; permitted use as directed within the notice. 15.4.3 the licensee enters into a scheme of 10. Public Risk Liability arrangement, compromise, moratorium or The licensee must at all times indemnify the Minister, his other form of composition with its creditors officers, employees, contractors and agents from and against all or any class of its creditors; claims, demands, actions, judgments, proceedings, damages, losses, 15.4.4 a receiver, a manager or a receiver and costs, charges and expenses in respect of any loss of life, personal manager, a company administrator or other injury and/or damage to property caused or suffered in any insolvency administrator is appointed to the manner in or about the site. licensee; or 11. Release 15.4.5 a mortgagee, chargee or other encum- The licensee must use and keep the site at the risk in all things brancee is appointed over or takes of the licensee and the licensee must release to the full extent possession of or appoints an agent to take permitted by law the Minister, his agents, contractors and possession of all or any of the licensee’s servants in the absence of any wilful act, omission, default or assets; or neglect on their part from all claims and demands of every kind 15.5 if the licensee is an individual, the licensee: resulting from any accident damage or injury to persons or 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 form of composition for the benefit of the 12. Public Risk Insurance licensee’s creditors; or The licensee shall at its own cost and expense during the term 15.5.2 is convicted of an indictable offence. 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 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 produced by the licensee to the Minister on request in writing being made by the Minister for its production. 13. Guarantee or Indemnity Scheme The licensee must either: 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3285

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) vice versa if sent by facsimile transmission, upon and ; 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 by the General Manager Aquaculture, delegate of the construction of this licence; Minister, on 14 November 2000. 16.6 a reference to a statute shall include all statutes I. NIGHTINGALE, General Manager Aquaculture 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 G. SEIDEL this licence shall bind the licensees jointly and each of them severally; and and A. SEIDEL 16.8 time is of the essence in respect of any obligation In the presence of: S. SPRIGGS, 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 Hectares properly given, done or performed by any duly authorised agent AGD 66—Zone 53 or employee of the Minister. 366068E 6445881N 5 18. Severance 366359E 6445752N 366358E 6445580N If any term or condition of this licence should be for any 366067E 6445709N 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. 20. Waiver (2) Posts to be not less than 125 mm in diameter. 20.1 A waiver of any provision of this licence by the (3) Posts and crosses to be painted yellow. Minister must both be in writing and be signed by the (4) The ends of each cross to be marked with a Minister or by persons duly authorised to execute such 200 mm strip of yellow retro-reflective tape. a document on the Minister’s part. (5) Between the corner posts at intervals not exceeding 20.2 No waiver by the Minister of a breach of a term or 50 m, buoys not less than 300 mm in diameter. condition contained in this licence shall operate as a waiver of any breach of the same or any other term (6) All buoys, posts, crosses and markers must be or condition contained in this licence. maintained in good condition. 20.3 No forbearance, delay or indulgence by the Minister or in enforcing the provisions of this licence shall (b) (1) At each corner, yellow spar buoys with a St prejudice or restrict the rights of the Minister. Andrews cross as a top mark placed at least 21. Notices 900 mm above the buoy, cross arms 900 mm long x 75 mm wide. 21.1 Notices may be served by delivering the same personally, by mail or facsimile transmission and shall (2) The buoys and topmarks must all be coloured be: yellow and marked with a yellow retro-reflective as in (a) (4). 21.1.1 in writing addressed to the Director of Fisheries, PIRSA, 16th Floor, 25 Grenfell (3) All buoys, posts, crosses and markers must be Street, Adelaide, S.A. 5000 (in the case of maintained in good condition. the Minister) and to the address of the When the site is in navigable water and a possible danger to licensee set out above (in the case of the navigation, lights must be placed on the top of each St Andrews licensee); cross that is located at each corner of the site and these lights must be yellow in colour and flashing once every 4 seconds and 21.1.2 signed by or on behalf of the sender or by a visible over an arc of 360 degrees for a distance of at least one person duly authorised in that regard by the mile. sender; 3286 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

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 FM00351 Item 2¾Permitted Farming Methods Licence to Farm Fish under section 53 of the Fisheries Racks Act 1982 Each structure must comply with the construction requirements WHEREAS the Director of Fisheries has, pursuant to section specified in the Decision Notification Form issued for the site 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to under Regulation 42 of the Development Regulation Act 1993. the undermentioned licensee to release the fish specified in Item 3¾Stocking Rates Item 1 of Schedule 2 of this licence (‘the permitted species’), the Minister for Primary Industries (‘the Minister’) hereby grants to: Oysters Andre J. Seidl (19777) Size (mm) Number per Hectare Gary Seidl (13008) 3 2 500 000 59 Bergmann Drive 10 1 600 000 Ceduna, S.A. 5690 20 1 100 000 a non-exclusive licence to occupy and use the waters specified in 30 750 000 Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of 40 500 000 farming and taking the permitted species (‘the permitted use’) for 50 350 000 the period commencing on 1 July 2000 and ending, subject to any 60 200 000 earlier termination under this licence, on 30 June 2001 (‘the 70 150 000 term’) subject to the following terms and conditions: 80 100 000 CONDITIONS OF THIS LICENCE SCHEDULE 3 1. Licence Item 1—Fees The parties acknowledge and agree that: Annual licence fees are: 1.1 the rights, powers and privileges granted to or vested in $ the licensee under this licence are contractual only and FRDC Levy per hectare 5 at $9.50 each...... 47.50 shall not create or vest in the licensee any estate, EMP Fee per hectare 5 at $17.70 each...... 88.50 interest or right of a proprietary nature in the site; and Base Licence Fee per hectare 5 at $66 each...... 330.00 1.2 that, subject to section 53A of the Fisheries Act 1982, SASQAP (Classified Area) per hectare 5 this licence does not entitle the licensee to exclusive at $80 each...... 400.00 rights of entry to and occupation of the site and that Total Annual Licence Fee ...... 866.00 the rights granted by this licence are exercisable by the licensee in common with any other occupiers of the site Quarterly Instalments...... 216.50 from time to time. Item 2—Public Risk Insurance 2. Marked-off Areas Five million dollars ($5 000 000). For the purposes of section 53A of the Fisheries Act 1982, the SCHEDULE 4 marked-off areas within the site is that area or those areas Returns marked-off or indicated in the manner set out in Item 2 of Schedule 1 of this licence. The licensee must submit the following information to the Permitted Species Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 3. Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and The licensee: 31 July during the term of this licence: 3.1 must not farm or introduce any species at the site other 1. Name of licensee. than the permitted species; and 2. Address of licensee. 3.2 must not take any wild fish from the site except for 3. Species of fish farmed and held on the site. recreational purposes. Permitted Use 4. Location of aquaculture operation. 4. 5. Period covered by return. The licensee must not use the site for any purpose other than the permitted use. 6. Number of life stage of each species of fish held. 5. Permitted Methods 7. Number, weight and value of each species of fish held. The licensee: 8. Details of any disease detected in any fish kept. 5.1 must not stock the permitted species at a rate greater 9. Source (whether interstate or intrastate) of any stock than that specified in Schedule 2 of this licence; acquired and date of acquisition (if relevant, include name of authority that provided certification that stock was 5.2 must not use the anti-fouling chemical tributyltin (TBT) free from disease). on any equipment used at the site; 10. If any fish were brought into the state, the number of 5.3 must not use any chemical or drug for either therapeutic fish and the life stage of the fish. or prophylactic purpose except with the prior approval of the Minister; 11. If fish were brought into the state, the purpose for which they were brought in. 5.4 must apply the permitted farming methods set out in Item 2 of Schedule 2 of this licence. 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3287

6. Marking and Maintaining the Site 12. Public Risk Insurance The licensee: The licensee shall at its own cost and expense during the term 6.1 must ensure that the site is maintained in a good, tidy effect and keep in full force and effect in respect of the site and and safe condition to the satisfaction of the Minister; the permitted use a policy of public risk insurance in the joint names of the licensee and the Minister in which the limits of 6.2 must remove and lawfully dispose of any waste or debris public risk shall not be less than the amount specified in Item 2 of on the site as soon as is reasonably practicable and in Schedule 3 of this licence, or such further amount as the Minister particular must comply with any guidelines issued from may from time to time reasonably require, as the amount which time to time by the Minister in relation to the removal may be paid out in respect of any one single claim and a policy of from the site of any unhealthy or dead fish; insurance or copy thereof or a certificate of insurance shall be 6.3 must maintain all buoys, crosses, and markers on the site produced by the licensee to the Minister on request in writing in good condition and in accordance with the colours being made by the Minister for its production. specified in Schedule 1 of this licence; and 13. Guarantee or Indemnity Scheme 6.4 must mark the site boundary in accordance with the The licensee must either: specifications in Schedule 1 of this licence. 13.1 provide a guarantee from its bankers; or 7. Site Inspection and Supervision 13.2 contribute to an indemnity scheme established for The licensee: the aquaculture and fisheries industry and approved by 7.1 must at all times permit the Minister, his employees, the Minister, agents or contractors or any employees, agents or to and in favour of and for the benefit of the Minister by way of contractors of the Crown to enter the site for the security for the due and punctual performance by the licensee of purposes of inspecting the site, the sea floor and the the terms and conditions of this licence and in particular the flora and fauna on or in the vicinity of the site; and 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 must not assign or sublet or deal in any other way with any 8.1 must pay to the Minister the licence fee in accordance interest in this licence. with Item l of Schedule 3 of this licence; 15. Default by Licensee and Termination 8.2 must on or before 31 January and 31 July during the 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 default of the obligations imposed on the licensee by 9.1 the licensee must at all times comply with all laws, by- this licence, and following the giving by the Minister laws or regulations in force which relate to the site or of written notice of such breach or default, the the activities conducted in the site and with all notices, licensee either fails to rectify such breach or default orders or requirements lawfully given or made by any within one calendar month of the date of such notice authority or authorities in respect of the site; (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 time so limited; or 9.2.1 the licensee must not do or permit to be done in 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- 9.2.2 in the event that the Minister is satisfied, on standing rectification of the previous breach or reasonable grounds, that the fish taken from the default; or waters are not fit for human consumption or that consumption of fish taken from the waters could 15.3 the licence fee referred to in condition 8 is unpaid present a danger to the health of the consumer, for a period of 14 days after notice has been given to the licensee must, in accordance with a written the licensee that it is outstanding; or notice from the Minister, cease or suspend the 15.4 if the licensee is a body corporate, any of the conduct of the permitted use or else conduct the following occur: permitted use as directed within the notice. 15.4.1 the licensee is unable to pay its debts as and 10. Public Risk Liability when they fall due or is otherwise insolvent; The licensee must at all times indemnify the Minister, his 15.4.2 an order is made for the winding up or officers, employees, contractors and agents from and against all liquidation of the licensee; claims, demands, actions, judgments, proceedings, damages, losses, costs, charges and expenses in respect of any loss of life, personal 15.4.3 the licensee enters into a scheme of injury and/or damage to property caused or suffered in any arrangement, compromise, moratorium or manner in or about the site. other form of composition with its creditors or any class of its creditors; 11. Release 15.4.4 a receiver, a manager or a receiver and The licensee must use and keep the site at the risk in all things manager, a company administrator or other of the licensee and the licensee must release to the full extent insolvency administrator is appointed to the permitted by law the Minister, his agents, contractors and licensee; or servants in the absence of any wilful act, omission, default or neglect on their part from all claims and demands of every kind 15.4.5 a mortgagee, chargee or other encum- resulting from any accident damage or injury to persons or brancee is appointed over or takes property occurring at the site, including loss or damage to the possession of or appoints an agent to take licensee’s fixtures or personal property of the licensee. possession of all or any of the licensee’s assets; or 3288 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

15.5 if the licensee is an individual, the licensee: 21. Notices 15.5.1 becomes bankrupt or assigns its estate or 21.1 Notices may be served by delivering the same enters into a deed of arrangement or other personally, by mail or facsimile transmission and shall form of composition for the benefit of the be: licensee’s creditors; or 21.1.1 in writing addressed to the Director of 15.5.2 is convicted of an indictable offence. Fisheries, PIRSA, 16th Floor, 25 Grenfell Termination of this licence by the Minister shall be Street, Adelaide, S.A. 5000 (in the case of without prejudice to any rights, remedies or actions the Minister) and to the address of the that the Minister may have against the licensee in licensee set out above (in the case of the respect of any antecedent breach by the licensee of licensee); the terms and conditions contained in this licence. 21.1.2 signed by or on behalf of the sender or by a 16. Interpretation person duly authorised in that regard by the sender; Subject to any inconsistency of subject or context, the following rules of construction shall be used in the interpretation 21.1.3 deemed to be duly served or made in the of this licence: following circumstances: (a) 16.1 any word importing the plural includes the singular if delivered, upon delivery; and vice versa; (b) if sending by mail, upon posting; 16.2 any wording importing a gender shall include all (c) if sent by facsimile transmission, upon other genders; the sender’s facsimile producing a 16.3 a reference to a body corporate shall include a transmission report that the facsimile natural person and vice versa; was satisfactorily sent in its entirety to the addressee’s facsimile number, 16.4 a reference to a recital, party, clause, Schedule or Annexure is a reference to a recital, party, clause, but if delivery is not made before 5 p.m. on Schedule or Annexure of this licence; any day it shall be deemed to be received at 9 a.m. on the next day in that place. 16.5 the captions, headings, section numbers and clause numbers appearing in this licence are inserted only as 21.2 The Minister and the licensee may each vary their a matter of convenience and in no way affect the address or facsimile number at any time by written construction of this licence; notice. SASQAP 16.6 a reference to a statute shall include all statutes 22. amending, consolidating or replacing the statutes 22.1 The licensee: referred to; 22.1.1 must submit to the Manager, South 16.7 where two or more persons are named as licensees, Australian Shellfish Quality Assurance this licence shall bind the licensees jointly and each of Program (‘SASQAP’) for testing such them severally; and sample as the Manager, SASQAP requires of 16.8 time is of the essence in respect of any obligation the fish farmed at the site and specified in relating to time in this licence. Item 1.1 of Schedule 2; 17. Delegation 22.1.2 must comply with all reasonable require- ments of the Manager, SASQAP in relation Any consent, notice, any consultation or any other thing to such testing; and which is pursuant to the terms of this licence either required to be given, done or performed or which may be given, done or 22.1.3 must obtain the written consent of the performed by the Minister may for the purposes of this licence be Manager, SASQAP, prior to making any of properly given, done or performed by any duly authorised agent the fish farmed at the site and specified in or employee of the Minister. Item 1.1 of Schedule 2, available for human consumption. 18. Severance Granted by the General Manager Aquaculture, delegate of the If any term or condition of this licence should be for any Minister, on 14 November 2000. reason unlawful, void, invalid or unenforceable then the offending term or condition shall be severed from this licence without I. NIGHTINGALE, General Manager Aquaculture affecting the validity or enforceability of the remainder of this The licensee hereby acknowledges and agrees to the terms and licence. conditions of this licence. 19. Modification Signed by the said G. SEIDL No variation of or addition to any provision of this licence and A. SEIDL shall be binding upon the Minister and the licensee unless such In the presence of: S. SPRIGGS, Witness variation or addition is made in writing, signed by both the Minister and the licensee and expressed to be either supplemental SCHEDULE 1 to or in substitution for the whole or a part of this licence. Item 1—The Site 20. Waiver Area applicable to this licence: 20.1 A waiver of any provision of this licence by the Licensed Area Licensed Minister must both be in writing and be signed by the Hectares Minister or by persons duly authorised to execute such AGD 66—Zone 53 a document on the Minister’s part. 377306E 6434971N 3.4 20.2 No waiver by the Minister of a breach of a term or 377415E 6434960N condition contained in this licence shall operate as a 377385E 6434649N waiver of any breach of the same or any other term 377276E 6434667N or condition contained in this licence. All structures, equipment, buoys and flotations (except for that 20.3 No forbearance, delay or indulgence by the Minister required by the Department for Transport, Urban Planning and in enforcing the provisions of this licence shall the Arts) must be black, dark grey, dark blue, dark brown, or dark prejudice or restrict the rights of the Minister. green coloured materials. 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3289

The boundary of the site to be marked either with: SCHEDULE 3 (a) (1) At the corners with posts extending 900 mm above Item 1—Fees mean high water springs. Such posts to be marked Annual licence fees are: with a St Andrews cross, each cross arm measuring 900 mm from tip to tip, minimum width 75 mm. $ (2) Posts to be not less than 125 mm in diameter. FRDC Levy per hectare 3.4 at $9.50 each...... 32.30 EMP Fee per hectare 3.4 at $17.70 each...... 60.18 (3) Posts and crosses to be painted yellow. Base Licence Fee per hectare 3.4 at $66 each...... 224.40 (4) The ends of each cross to be marked with a Total Annual Licence Fee...... 316.88 200 mm strip of yellow retro-reflective tape. Quarterly Instalments...... 79.22 (5) Between the corner posts at intervals not exceeding Item 2—Public Risk Insurance 50 m, buoys not less than 300 mm in diameter. Five million dollars ($5 000 000). (6) All buoys, posts, crosses and markers must be maintained in good condition. SCHEDULE 4 or Returns (b) (1) At each corner, yellow spar buoys with a St The licensee must submit the following information to the Andrews cross as a top mark placed at least Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 900 mm above the buoy, cross arms 900 mm long x Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and 75 mm wide. 31 July during the term of this licence: (2) The buoys and topmarks must all be coloured 1. Name of licensee. yellow and marked with a yellow retro-reflective as 2. Address of licensee. (a) in (4). 3. Species of fish farmed and held on the site. (3) All buoys, posts, crosses and markers must be 4. Location of aquaculture operation. maintained in good condition. 5. Period covered by return. When the site is in navigable water and a possible danger to navigation, lights must be placed on the top of each St Andrews 6. Number of life stage of each species of fish held. cross that is located at each corner of the site and these lights 7. Number, weight and value of each species of fish held. must be yellow in colour and flashing once every 4 seconds and 8. Details of any disease detected in any fish kept. visible over an arc of 360 degrees for a distance of at least one mile. 9. Source (whether interstate or intrastate) of any stock acquired and date of acquisition (if relevant, include name Item 2—Marked-Off Areas of authority that provided certification that stock was [Co-ordinates of developed areas within the site to be provided free from disease). by the licensee.] 10. If any fish were brought into the state, the number of White buoys of at least 12 inches in diameter must be placed fish and the life stage of the fish. around the whole of the perimeter of the developed areas within 11. If fish were brought into the state, the purpose for which the site at a distance of no less than 50 m from one another. they were brought in. SCHEDULE 2 12. Method of disposal of water and packaging use for Item 1¾Permitted Species transporting the fish. 13. If any disease or symptom of disease occurred in the The Director of Fisheries has, pursuant to section 50 (2) of the acquired fish. Act, issued a permit for the release of the fish specified in this Schedule. 14. Method of disposal of diseased or dead fish and the number disposed of. Pacific Oysters (Crassostrea gigas) 15. Signature, date and telephone number. Item 1.1—Fish subject to SASQAP testing 16. Use of any chemicals for fish husbandry—type of Pacific Oysters (Crassostrea gigas) chemical and quantity used, purpose and date of use. Item 2¾Permitted Farming Methods BST Longlines FISHERIES ACT 1982 Each structure must comply with the construction requirements MARINE MOLLUSC FARMING LICENCE FM00352 specified in the Decision Notification form issued for the site under Regulation 42 of the Development Regulation Act 1993. Licence to Farm Fish under section 53 of the Fisheries Act 1982 Item 3¾Stocking Rates WHEREAS the Director of Fisheries has, pursuant to section Oysters 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to Size (mm) Number per Hectare the undermentioned licensee to release the fish specified in Item 1 of Schedule 2 of this licence (‘the permitted species’), the 3 2 500 000 Minister for Primary Industries (‘the Minister’) hereby grants to: 10 1 600 000 20 1 100 000 Leon K. Stott (13009) 30 750 000 Christine M. Stott (19776) 40 500 000 Sections 4 and 5, Hundred of Moule 50 350 000 Ceduna, S.A. 5690 60 200 000 a non-exclusive licence to occupy and use the waters specified in 70 150 000 Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of 80 100 000 farming and taking the permitted species (‘the permitted use’) for the period commencing on 1 July 2000 and ending, subject to any earlier termination under this licence, on 30 June 2001 (‘the term’) subject to the following terms and conditions: 3290 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

CONDITIONS OF THIS LICENCE 9.1 the licensee must at all times comply with all laws, by- 1. Licence laws or regulations in force which relate to the site or The parties acknowledge and agree that: the activities conducted in the site and with all notices, orders or requirements lawfully given or made by any 1.1 the rights, powers and privileges granted to or vested in authority or authorities in respect of the site; the licensee under this licence are contractual only and shall not create or vest in the licensee any estate, 9.2 in particular, without derogating from the general interest or right of a proprietary nature in the site; and requirement under condition 9 of this licence: 1.2 that, subject to section 53A of the Fisheries Act 1982, 9.2.1 the licensee must not do or permit to be done in this licence does not entitle the licensee to exclusive upon or about the site anything which in the rights of entry to and occupation of the site and that opinion of the Minister would cause or contribute the rights granted by this licence are exercisable by the to the degradation or pollution of any coastal licensee in common with any other occupiers of the site land or the surrounding marine environment; and from time to time. 9.2.2 in the event that the Minister is satisfied, on 2. Marked-off Areas reasonable grounds, that the fish taken from the waters are not fit for human consumption or that For the purposes of section 53A of the Fisheries Act 1982, the consumption of fish taken from the waters could marked-off areas within the site is that area or those areas present a danger to the health of the consumer, marked-off or indicated in the manner set out in Item 2 of the licensee must, in accordance with a written Schedule 1 of this licence. notice from the Minister, cease or suspend the 3. Permitted Species conduct of the permitted use or else conduct the permitted use as directed within the notice. The licensee: 10. Public Risk Liability 3.1 must not farm or introduce any species at the site other than the permitted species; and The licensee must at all times indemnify the Minister, his officers, employees, contractors and agents from and against all 3.2 must not take any wild fish from the site except for claims, demands, actions, judgments, proceedings, damages, losses, recreational purposes. costs, charges and expenses in respect of any loss of life, personal 4. Permitted Use injury and/or damage to property caused or suffered in any manner in or about the site. The licensee must not use the site for any purpose other than the permitted use. 11. Release 5. Permitted Methods 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 The licensee: permitted by law the Minister, his agents, contractors and 5.1 must not stock the permitted species at a rate greater servants in the absence of any wilful act, omission, default or than that specified in 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 5.2 must not use the anti-fouling chemical tributyltin (TBT) property occurring at the site, including loss or damage to the on any equipment used at the site; licensee’s fixtures or personal property of the licensee. 5.3 must not use any chemical or drug for either therapeutic 12. Public Risk Insurance or prophylactic purpose except with the prior approval of the Minister; 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 5.4 must apply the permitted farming methods set out in the permitted use a policy of public risk insurance in the joint Item 2 of Schedule 2 of this licence. names of the licensee and the Minister in which the limits of 6. Marking and Maintaining the Site public risk shall not be less than the amount specified in Item 2 of Schedule 3 of this licence, or such further amount as the Minister The licensee: may from time to time reasonably require, as the amount which 6.1 must ensure that the site is maintained in a good, tidy may be paid out in respect of any one single claim and a policy of and safe condition to the satisfaction of the Minister; insurance or copy thereof or a certificate of insurance shall be 6.2 must remove and lawfully dispose of any waste or debris produced by the licensee to the Minister on request in writing on the site as soon as is reasonably practicable and in being made by the Minister for its production. particular must comply with any guidelines issued from 13. Guarantee or Indemnity Scheme time to time by the Minister in relation to the removal The licensee must either: from the site of any unhealthy or dead fish; 13.1 provide a guarantee from its bankers; or 6.3 must maintain all buoys, crosses, and markers on the site in good condition and in accordance with the colours 13.2 contribute to an indemnity scheme established for specified in Schedule 1 of this licence; and the aquaculture and fisheries industry and approved by the Minister, 6.4 must mark the site boundary in accordance with the specifications in Schedule 1 of this licence. to and in favour of and for the benefit of the Minister by way of Site Inspection and Supervision security for the due and punctual performance by the licensee of 7. the terms and conditions of this licence and in particular the The licensee: obligations of the licensee to rehabilitate the site immediately 7.1 must at all times permit the Minister, his employees, prior to the expiration or sooner determination of the term of agents or contractors or any employees, agents or this licence. Such guarantee or indemnity scheme must have contractors of the Crown to enter the site for the effect from the date of commencement of the term. purposes of inspecting the site, the sea floor and the 14. No Assignment flora and fauna on or in the vicinity of the site; and The licensee acknowledges that this licence is personal and it 7.2 must comply with all reasonable directions of any such must not assign or sublet or deal in any other way with any person authorised by the Director of Fisheries to inspect interest in this licence. the conduct of the licensee’s activities at the site. 8. Fees and Returns The licensee: 8.1 must pay to the Minister the licence fee in accordance with Item l of Schedule 3 of this licence; 8.2 must on or before 31 January and 31 July during the term, submit to the Minister a return supplying all of the information described in Schedule 4 of this licence. 9. Compliance With Relevant Laws 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3291

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 15.4.2 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; 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 21. Notices 15.5 if the licensee is an individual, the licensee: 21.1 Notices may be served by delivering the same 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 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 Street, Adelaide, S.A. 5000 (in the case of 15.5.2 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 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; Interpretation 16. 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) 16.1 any word importing the plural includes the singular 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 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 construction of this licence; 3292 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

22. SASQAP Item 2—Marked-Off Areas 22.1 The licensee: [Co-ordinates of developed areas within the site to be provided 22.1.1 must submit to the Manager, South by the licensee.] Australian Shellfish Quality Assurance White buoys of at least 12 inches in diameter must be placed Program (‘SASQAP’) for testing such around the whole of the perimeter of the developed areas within sample as the Manager, SASQAP requires of the site at a distance of no less than 50 m from one another. the fish farmed at the site and specified in SCHEDULE 2 Item 1.1 of Schedule 2; Item 1¾Permitted Species 22.1.2 must comply with all reasonable require- ments of the Manager, SASQAP in relation The Director of Fisheries has, pursuant to section 50 (2) of the to such testing; and Act, issued a permit for the release of the fish specified in this Schedule. 22.1.3 must obtain the written consent of the Manager, SASQAP, prior to making any of Pacific Oysters (Crassostrea gigas) the fish farmed at the site and specified in Item 1.1—Fish subject to SASQAP testing Item 1.1 of Schedule 2, available for human consumption. Pacific Oysters (Crassostrea gigas) Granted by the General Manager Aquaculture, delegate of the Item 2¾Permitted Farming Methods Minister, on 14 November 2000. BST Longlines I. NIGHTINGALE, General Manager Aquaculture Each structure must comply with the construction requirements The licensee hereby acknowledges and agrees to the terms and specified in the Decision Notification form issued for the site conditions of this licence. under Regulation 42 of the Development Regulation Act 1993. Signed by the said L. STOTT Item 3¾Stocking Rates In the presence of: G. GARDNER, Witness Oysters SCHEDULE 1 Size (mm) Number per Hectare Item 1—The Site 3 2 500 000 10 1 600 000 Area applicable to this licence: 20 1 100 000 Licensed Area Licensed 30 750 000 Hectares 40 500 000 AGD 66—Zone 53 50 350 000 60 200 000 377178E 6434685N 6.6 70 150 000 377385E 6434649N 80 100 000 377331E 6434339N 377124E 6434375N SCHEDULE 3 All structures, equipment, buoys and flotations (except for that Item 1—Fees required by the Department for Transport, Urban Planning and Annual licence fees are: the Arts) must be black, dark grey, dark blue, dark brown, or dark green coloured materials. $ The boundary of the site to be marked either with: FRDC Levy per hectare 6.6 at $9.50 each...... 62.70 EMP Fee per hectare 6.6 at $17.70 each...... 116.82 (a) (1) At the corners with posts extending 900 mm above Base Licence Fee per hectare 6.6 at $66 each...... 435.60 mean high water springs. Such posts to be marked Total Annual Licence Fee...... 615.12 with a St Andrews cross, each cross arm measuring 900 mm from tip to tip, minimum width 75 mm. Quarterly Instalments...... 153.78 (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 The licensee must submit the following information to the 50 m, buoys not less than 300 mm in diameter. 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 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) The buoys and topmarks must all be coloured 5. Period covered by return. yellow and marked with a yellow retro-reflective as 6. Number of life stage of each species of fish held. in (a) (4). 7. Number, weight and value of each species of fish held. (3) All buoys, posts, crosses and markers must be maintained in good condition. 8. Details of any disease detected in any fish kept. When the site is in navigable water and a possible danger to 9. Source (whether interstate or intrastate) of any stock navigation, lights must be placed on the top of each St Andrews acquired and date of acquisition (if relevant, include name cross that is located at each corner of the site and these lights of authority that provided certification that stock was must be yellow in colour and flashing once every 4 seconds and free from disease). visible over an arc of 360 degrees for a distance of at least one 10. If any fish were brought into the state, the number of mile. fish and the life stage of the fish. 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3293

11. If fish were brought into the state, the purpose for which 2. An exemption holder shall not contravene or fail to comply they were brought in. with the Fisheries Act 1982, or any other regulations made under 12. Method of disposal of water and packaging use for that Act except where specifically exempted by this notice. transporting the fish. 3. Whilst engaged in the exempted activity an exemption 13. If any disease or symptom of disease occurred in the holder must have in his or her possession a copy of this notice acquired fish. and produce a copy of the notice if required by a PIRSA Fisheries Compliance Officer. 14. Method of disposal of diseased or dead fish and the number disposed of. Dated 21 November 2000. 15. Signature, date and telephone number. W. ZACHARIN, Director of Fisheries 16. Use of any chemicals for fish husbandry—type of chemical and quantity used, purpose and date of use. FISHERIES ACT 1982: SECTION 59 TAKE notice that subject to section 59 of the Fisheries Act FISHERIES ACT 1982: SECTION 53 1982, Eyrewoolf Enterprises Pty Ltd, c/o P.O. Box 73, Streaky TAKE notice that the licence to farm fish made under section 53 Bay, S.A. 5680 (or their registered masters) holder of Western of the Fisheries Act 1982, and published in the South Australian Zone Abalone Fishery Licence W21, issued pursuant to the Government Gazette, dated 9 November 2000, on page number Scheme of Management (Abalone Fisheries) Regulations 1991 3042, being the second notice on that page, through to page (hereinafter referred to as the ‘exemption holder’) is exempted number 3046 and referring to Oyster Cove Shellfish Pty Ltd is from the provisions of clause 60 of Schedule 1 of the Fisheries hereby revoked. (General) Regulations 2000 in that the exemption holder shall not be guilty of an offence when taking Roe’s abalone (Haliotis Dated 23 November 2000. roei) which is undersize, from those waters defined as the Western I. NIGHTINGALE, General Manager Aquaculture, Zone in the Scheme of Management (Abalone Fisheries) as delegate of the Minister for Primary Regulations, 1991 (hereinafter referred to as the ‘exempted Industries. activity’) subject to the conditions specified in Schedule 1 from the date of gazettal of this notice until 31 March 2001. SCHEDULE 1 FISHERIES ACT 1982: SECTION 53 1. Whilst engaged in the exempted activity, the exemption TAKE notice that the licence to farm fish made under section 53 holder may only take Haliotis roei provided that it is not less of the Fisheries Act 1982, and published in the South Australian than 75 mm in length at its greatest dimension. All abalone must Government Gazette, dated 9 November 2000, on page number be landed in the shell. 3039, being the first notice on that page, through to page number 3042 and referring to Oyster Cove Shellfish Pty Ltd is hereby 2. On any day the exemption holder engages in the exempted revoked. activity only abalone of the species (Haliotis roei) may be taken. Dated 23 November 2000. 3. No more than one registered master may engage in the exempted activity on any one day. I. NIGHTINGALE, General Manager Aquaculture, as delegate of the Minister for Primary 4. The exemption holder may conduct the exempted activity Industries. in more than one area as defined in Schedule 2 on any one day, provided that a separate notification pursuant to Condition 5 below has been made for each area prior to conducting any fishing FISHERIES ACT 1982: SECTION 59 activity in that area. TAKE notice that pursuant to section 59 of the Fisheries Act 5. The exemption holder must notify the PIRSA Fisheries 1982, those holders of a licence issued pursuant to the Scheme of Compliance Unit on 1800 244 317 prior to engaging in the Management (Marine Scalefish Fisheries) Regulations 1991 exempted activity with the following information: (hereinafter referred to as the ‘exemption holders’) are exempted (a) the name of the person making the call and the Western from the provisions of Clause 123 of Schedule 1 of the Fisheries Zone Abalone Fishery Licence Number; (General) Regulations 2000, in that an exemption holder shall not be guilty of an offence when using a boat registered by (b) the name of the registered master who will be endorsement on a fishery licence pursuant to Division 1, Part 4 conducting the exempted activity on that day; of the Fisheries Act 1982, for the taking of fish for purposes (c) the date on which the exempted activity will take place; other than trade or business (hereinafter referred to as the (d) ‘exempted activity’), provided the exemption holder complies the port of departure; with the conditions specified in Schedule 1, from the date of (i) the designated area from Schedule 2 which is to be gazettal of this notice until 30 June 2001. fished; and SCHEDULE 1 (f) where the exemption holder is nominating to fish in 1. An exemption holder must notify the PIRSA Fisheries an additional designated area from the previous Compliance Unit via Link Communications on 1800 090 654 nominated designated area on any one day, the prior to engaging in the exempted activity with the following exemption holder must wait at least 30 minutes prior to information: leaving the point from where the nomination was made. • the commercial boat registration number and the fishery 6. Upon completion of the day’s fishing activities the licence number to which the call applies; exemption holder shall complete the Daily Research Data Logsheet provided including the following information: • the name of the person making the call (must be the licence holder) and the restricted marine scalefish fishery • Drop Number; or marine scalefish fishery licence number; • Fishing Location (each dive entry location using GPS marks in decimal minutes including seconds); • the recreational registration numbers which will be placed • Time Underwater; on the boat; • Swell; • the time and date the exempted activity will commence; • Number of H. Roei; and • Tag Number; and • CDR Number. • the time and date the exempted activity will cease. 3294 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

The completed Daily Research Data Logsheets must be posted All waters extending from Shoal Point (135.5ºE) to Cape or delivered to the Chief Scientist, South Australian Research and Radstock (longitude 134.33ºE) excluding the following sub-area 1 Development Institute within seven days of the completion of in which no activity may take place: the day’s fishing activities to which it relates. All waters contained within the following boundaries: 7. Upon completion of the dive at each site and before landing, latitude 33.2046º longitude 134.6276º, latitude 33.2045º the exemption holder shall place the abalone in the bag supplied longitude 134.5892º, latitude 33.2449º longitude 134.6275º, and complete the information on the tag provided including the latitude 33.2448º longitude 134.5891º and excluding the date and CDR number. The catch is to be bagged separately for following sub-areas 2 and 3 in which fishdown activities may each dive location and the tag included with the catch. If more be conducted pursuant to separate exemption: than one bag is taken in one dive location, the tag numbers are to be recorded in the row beneath the original on the Daily Research Venus Bay Fishdown Data Logsheet provided. All waters contained within the following boundaries: The total number of bags for that day and the numbers of the latitude 33.2301º longitude 134.6413º, latitude 33.2300º tags placed on each bag shall be included on the CDR 1. The CDR longitude 134.6301º, latitude 33.2469º longitude 134.6412º, 1 must be completed within 50 m of landing and the white and latitude 33.2469º longitude 134.6301º. yellow copies of the CDR 1 must accompany the abalone to the fish processing premises. Kiana Beach Fishdown 8. The exemption holder must make a record in writing All waters contained within the following boundaries: immediately at the conclusion of a fishing trip and before the latitude 34.0252º longitude 135.2707º, latitude 34.0252º abalone are consigned to a registered fish processor setting out longitude 135.2599º, latitude 34.0342º longitude 135.2708º, details of the abalone taken during that fishing trip. This record latitude 34.0342º longitude 135.2599º. must be completed within 50 m of the point of landing of the catch; and before the catch is consigned to a nominated processor AREA 3 and/or taken onto processor premises where such premises are All waters extending from Cape Radstock (longitude 134.33ºE) within 50 m of the point of landing; or at the end of each day of to Point Bell (longitude 133.13ºE) excluding the following sub- fishing where the catch is not landed on that day. The details of area 1 in which no activity may take place: such record shall be recorded on and be such as are sufficient to complete in triplicate a CDR 1 form. All waters contained within the following boundaries: 9. All Haliotis roei taken pursuant to this notice shall be latitude 32.9312º longitude 134.1442º, latitude 32.9310º delivered to one of the registered fish processors detailed in longitude 134.1122º, latitude 32.9492º longitude 134.1441º, Schedule 3 for weighing, within 48 hours of landing, within the latitude 32.9490º longitude 134.1120º and excluding the State of South Australia. following sub-areas 2 and 3 in which fishdown activities may be conducted pursuant to separate exemption: 10. The exemption holder shall not, during the period of this notice, take a combined quantity of Haliotis roei which exceeds Smoothpool Bommie Fishdown 1 000 kg wholeweight. All waters contained within the following boundaries: 11. The amount of Haliotis roei allocated pursuant to this latitude 32.9352º longitude 134.0800º, latitude 32.9351º notice is non-transferable. longitude 134.0640º, latitude 32.9442º longitude 134.0799º, 12. The exemption holder shall not intentionally induce weight latitude 32.9441º longitude 134.0639º. loss of abalone by any means. Highcliff Fishdown 13. The exemption holder whilst engaged in the exempted All waters contained within the following boundaries: activity must conduct such activity from a boat registered pursuant to Western Zone Abalone Fishery Licence W21. latitude 32.8677º longitude 134.1021º, latitude 32.8677º longitude 134.0968º, latitude 32.8768º longitude 134.1020º, 14. The exemption holder shall not contravene or fail to latitude 32.8767º longitude 134.0967º. comply with the Fisheries Act 1982, or any other regulations made under that Act except where specifically exempted by this AREA 4 notice. All waters extending from Point Bell (longitude 133.13ºE) to a 15. Whilst engaged in the exempted activity the exemption point approximately 5 km SE of the eastern extreme of the holder must have in his possession a copy of this notice and Great Australian Bight Marine Park (longitude 131.55ºE) produce a copy of the notice if required by a PIRSA Fisheries excluding the following sub-areas 2 and 3 in which fishdown Compliance Officer. activities may be conducted pursuant to separate exemption: Clare Bay Fishdown SCHEDULE 2 AREA 1 All waters contained within the following boundaries: All waters east of the Western/Central zone boundary latitude 31.9520º longitude 132.6882º, latitude 31.9519º (longitude 136.5ºE) to Shoal Point (longitude 135.5ºE) excluding longitude 132.6813º, latitude 31.9568º longitude 132.6881º, the following sub-area 1 in which no activity may take place: latitude 31.9567º longitude 132.6812º. All waters contained within the following boundaries: Pt Sinclair Fishdown latitude 34.2440º longitude 136.2690º, latitude 34.2441º All waters contained within the following boundaries: longitude 136.2611º, latitude 34.2568º longitude 136.2690º, latitude 32.0995º longitude 132.9917º, latitude 32.0994º latitude 34.2569º longitude 136.2611º and excluding the longitude 132.9864º, latitude 32.1063º longitude 132.9916º, following sub-areas 2 and 3 in which fishdown activities may latitude 32.1062º longitude 132.9863º. be conducted pursuant to separate exemption: SCHEDULE 3 Lipson Island Fishdown FP0008 All waters contained within the following boundaries: Western Abalone Processors P/L latitude 34.2637º longitude 136.2667º, latitude 34.2638º P.O. Box 914 longitude 136.2624º, latitude 34.2665º longitude 136.2667º, Port Lincoln, S.A. 5606 latitude 34.2665º longitude 136.2624º. FP0120 Grindal Island Fishdown Smoothpool Nominees P/L Trading as Blancheport Fisheries All waters contained within the following boundaries: 12 Alfred Terrace latitude 34.9048º longitude 136.0398º, latitude 34.9050º Streaky Bay, S.A. 5680 longitude 136.0234º, latitude 34.9228º longitude 136.0400º, latitude 34.9230º longitude 136.0236º. AREA 2 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3295

FP0132 8. Upon completion of the dive at each site and before landing, Yorkeshell P/L the exemption holder shall place the abalone in the bag supplied Trading as Australian Southern Seafood and complete the information on the tag provided including the P.O. Box 1579 date and CDR number. The catch is to be bagged separately for Port Lincoln, S.A. 5606 each dive location and the tag included with the catch. If more FP0142 than one bag is taken in one dive location, the tag numbers are to Eyrewoolf Enterprises be recorded in the row beneath the original on the Daily Research P.O. Box 73 Data Logsheet provided. Streaky Bay, S.A. 5680 The total number of bags for that day and the numbers of the Dated 21 November 2000. tags placed on each bag shall be included on the CDR 1. The CDR 1 must be completed within 50 m of landing and the white and W. ZACHARIN, Director of Fisheries yellow copies of the CDR 1 must accompany the abalone to the fish processing premises. FISHERIES ACT 1982: SECTION 59 9. The exemption holder must make a record in writing immediately at the conclusion of a fishing trip and before the TAKE notice that subject to section 59 of the Fisheries Act abalone are consigned to a registered fish processor setting out 1982, Eyrewoolf Enterprises Pty Ltd, c/o P.O. Box 73, Streaky details of the abalone taken during that fishing trip. This record Bay, S.A. 5680 (or their registered masters) holder of Western must be completed within 50 m of the point of landing of the Zone Abalone Fishery Licence W21, issued pursuant to the catch; and before the catch is consigned to a nominated processor Scheme of Management (Abalone Fisheries) Regulations 1991 and/or taken onto processor premises where such premises are hereinafter referred to as the ‘exemption holder’ is exempted within 50 m of the point of landing; or at the end of each day of from the provisions of clause 60 of Schedule 1 of the Fisheries fishing where the catch is not landed on that day. The details of (General) Regulations 2000 in that the exemption holder shall such record shall be recorded on and be such as are sufficient to not be guilty of an offence when taking Roe’s abalone (Haliotis complete in triplicate a CDR 1 form. roei) which is undersize, from those waters defined in Schedule 2 (hereinafter referred to as the ‘exempted activity’) subject to the 10. All Haliotis roei taken pursuant to this notice shall be conditions specified in Schedule 1 from the date of gazettal of delivered to one of the registered fish processors detailed in this notice until 31 March 2001. Schedule 3 for weighing, within 48 hours of landing, within the State of South Australia. SCHEDULE 1 11. The exemption holder shall not, during the period of this 1. The exemption holder may only engage in the exempted notice, take a combined quantity of Haliotis roei which exceeds activity at the direction of an officer from the South Australian 1 000 kg wholeweight. Research and Development Institute. 12. The amount of Haliotis roei allocated pursuant to this 2. Whilst engaged in the exempted activity, the exemption notice is non-transferable. holder may only take Haliotis roei provided that it is not less than 60 millimetres in length at its greatest dimension. All 13. The exemption holder shall not intentionally induce weight abalone must be landed in the shell. loss of abalone by any means. 3. On any day the exemption holder engages in the exempted 14. The exemption holder whilst engaged in the exempted activity only abalone of the species (Haliotis roei) may be taken. activity must conduct such activity from a boat registered pursuant to Western Zone Abalone Fishery Licence W21. 4. No more than one registered master may engage in the exempted activity on any one day. 15. The exemption holder shall not contravene or fail to comply with the Fisheries Act 1982, or any other regulations 5. The exemption holder may conduct the exempted activity made under that Act except where specifically exempted by this in more than one area as defined in schedule 2 on any one day, as notice. directed by an officer of the South Australian Research and Development Institute, provided that a separate notification 16. Whilst engaged in the exempted activity the exemption pursuant to Condition 6 below has been made for each area prior holder must have in his possession a copy of this notice and to conducting any fishing activity in that area. produce a copy of the notice if required by a PIRSA Fisheries Compliance Officer. 6. The exemption holder must notify the PIRSA Fisheries Compliance Unit on 1800 244 317 prior to engaging in the SCHEDULE 2 exempted activity with the following information: AREA 1 (a) the name of the person making the call and the Western Lipson Island Fishdown Zone Abalone Fishery Licence Number; All waters contained within the following boundaries: (b) the name of the registered master who will be conducting the exempted activity on that day; latitude 34.2637º longitude 136.2667º, latitude 34.2638º longitude 136.2624º, latitude 34.2665º longitude 136.2667º, (c) the date on which the exempted activity will take place; latitude 34.2665º longitude 136.2624º. (d) the port of departure; Grindal Island Fishdown (e) the designated area from Schedule 2 which is to be All waters contained within the following boundaries: fished; and latitude 34.9048º longitude 136.0398º, latitude 34.9050º (f) where the exemption holder is nominating to fish in an longitude 136.0234º, latitude 34.9228º longitude 136.0400º, additional designated area from the previous nominated latitude 34.9230º longitude 136.0236º. designated area on any one day, the exemption holder must wait at least 30 minutes prior to leaving the point AREA 2 from where the nomination was made. Venus Bay Fishdown 7. Upon completion of the day’s fishing activities the All waters contained within the following boundaries: exemption holder shall complete the Daily Research Data latitude 33.2301º longitude 134.6413º, latitude 33.2300º Logsheet provided including the following information: longitude 134.6301º, latitude 33.2469º longitude 134.6412º, • Drop Number; latitude 33.2469º longitude 134.6301º. • Fishing Location (each dive entry location using GPS marks in decimal minutes including seconds); • Time Underwater; • Swell; • Number of H. Roei; • Tag Number; and • CDR Number. The completed Daily Research Data Logsheets must be posted or delivered to the Chief Scientist, South Australian Research and Development Institute within seven days of the completion of the day’s fishing activities to which it relates. 3296 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

Kiana Beach Fishdown All waters contained within the following boundaries: latitude 34.0252º longitude 135.2707º, latitude 34.0252º longitude 135.2599º, latitude 34.0342º longitude 135.2708º, latitude 34.0342º longitude 135.2599º. AREA 3 Smoothpool Bommie Fishdown All waters contained within the following boundaries: latitude 32.9352º longitude 134.0800º, latitude 32.9351º longitude 134.0640º, latitude 32.9442º longitude 134.0799º, latitude 32.9441º longitude 134.0639º. Highcliff Fishdown All waters contained within the following boundaries: latitude 32.8677º longitude 134.1021º, latitude 32.8677º longitude 134.0968º, latitude 32.8768º longitude 134.1020º, latitude 32.8767º longitude 134.0967º. AREA 4 Clare Bay Fishdown All waters contained within the following boundaries: latitude 31.9520º longitude 132.6882º, latitude 31.9519º longitude 132.6813º, latitude 31.9568º longitude 132.6881º, latitude 31.9567º longitude 132.6812º. Pt Sinclair Fishdown All waters contained within the following boundaries: latitude 32.0995º longitude 132.9917º, latitude 32.0994º longitude 132.9864º, latitude 32.1063º longitude 132.9916º, latitude 32.1062º longitude 132.9863º. SCHEDULE 3 FP0008 Western Abalone Processors P/L P.O. Box 914 Port Lincoln, S.A. 5606 FP0120 Smoothpool Nominees P/L Trading as Blancheport Fisheries 12 Alfred Terrace Streaky Bay, S.A. 5680 FP0132 Yorkeshell P/L Trading as Australian Southern Seafood P.O. Box 1579 Port Lincoln, S.A. 5606 FP0142 Eyrewoolf Enterprises P.O. Box 73 Streaky Bay, S.A. 5680 Dated 21 November 2000 W. ZACHARIN, Director of Fisheries 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3297 3298 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

MISCELLANEOUS LEGISLATION AND GOVERNMENT PUBLICATIONS PRICES AS FROM 1 JULY 2000

Acts, Bills, Rules, Parliamentary Papers and Regulations Pages Main Amends Pages Main Amends 1-16 1.80 0.80 497-512 26.25 25.25 17-32 2.55 1.60 513-528 27.00 26.00 33-48 3.25 2.35 529-544 27.75 26.75 49-64 4.15 3.10 545-560 28.50 27.75 65-80 4.90 4.00 561-576 29.25 28.50 81-96 5.60 4.70 577-592 30.25 29.00 97-112 6.45 5.45 593-608 31.00 30.00 113-128 7.20 6.30 609-624 31.75 31.00 129-144 8.10 7.10 625-640 32.50 31.50 145-160 8.90 7.85 641-656 33.25 32.25 161-176 9.70 8.70 657-672 33.75 33.00 177-192 10.40 9.50 673-688 35.00 33.75 193-208 11.20 10.30 689-704 35.75 34.75 209-224 12.00 11.00 705-720 36.25 35.50 225-240 12.70 11.80 721-736 37.50 36.00 241-257 13.60 12.50 737-752 38.00 37.00 258-272 14.40 13.30 753-768 39.00 37.50 273-288 15.20 14.20 769-784 39.50 38.75 289-304 15.90 14.90 785-800 40.25 39.50 305-320 16.70 15.70 801-816 41.00 40.00 321-336 17.50 16.50 817-832 42.00 41.00 337-352 18.30 17.40 833-848 42.75 41.75 353-368 19.10 18.10 849-864 43.50 42.50 369-384 19.90 19.00 865-880 44.25 43.50 385-400 20.60 19.70 881-896 44.75 44.00 401-416 21.40 20.40 897-912 46.00 44.75 417-432 22.30 21.30 913-928 46.50 46.00 433-448 23.00 22.00 929-944 47.50 46.50 449-464 23.90 22.80 945-960 48.50 47.00 465-480 24.50 23.60 961-976 49.00 48.00 481-496 25.25 24.30 977-992 50.00 48.50

Legislation—Acts, Regulations, etc: $ Subscriptions: Acts...... 162.85 All Bills as Laid...... 388.90 Rules and Regulations...... 388.90 Parliamentary Papers...... 388.90 Bound Acts...... 179.75 Index ...... 87.05 Government Gazette Copy...... 4.30 Subscription ...... 214.85 Hansard Copy...... 11.60 Subscription—per session (issued weekly) ...... 336.95 Cloth bound—per volume...... 144.70 Subscription—per session (issued daily)...... 336.95 Legislation on Disk Whole Database...... 2 488.80 Annual Subscription for fortnightly updates ...... 765.20 Individual Act(s) including updates ...... POA Compendium Subscriptions: New Subs...... 1 476.60 Updates...... 527.10 (All the above prices include GST)

All Legislation, Government Gazette, Hansard and Legislation on disk are available from: Counter Sales Information SA (State Government Bookshop) and Mail Orders: 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 Subscriptions and Standing Orders: Phone: (08) 8204 9447, (08) 8204 9448. Fax: (08) 8204 1898 P.O. Box 1, Rundle Mall, Adelaide, S.A. 5000. 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3299

GOVERNMENT GAZETTE ADVERTISEMENT RATES To apply from 1 July 2000

$ $ Agents, Ceasing to Act as...... 32.00 Firms: Associations: Ceasing to Carry on Business (each insertion)...... 21.30 Incorporation...... 16.30 Discontinuance Place of Business...... 21.30 Intention of Incorporation...... 40.25 Land¾Real Property Act: Transfer of Properties...... 40.25 Intention to Sell, Notice of...... 40.25 Attorney, Appointment of ...... 32.00 Lost Certificate of Title Notices...... 40.25 Cancellation, Notice of (Strata Plan)...... 40.25 Bailiff’s Sale...... 40.25 Mortgages: Cemetery Curator Appointed...... 23.90 Caveat Lodgment ...... 16.30 Companies: Discharge of ...... 17.20 Alteration to Constitution...... 32.00 Foreclosures...... 16.30 Capital, Increase or Decrease of ...... 40.25 Transfer of...... 16.30 Ceasing to Carry on Business...... 23.90 Sublet...... 8.20 Declaration of Dividend...... 23.90 Leases¾Application for Transfer (2 insertions) each...... 8.20 Incorporation...... 32.00 Lost Share Certificates: Lost Treasury Receipts (3 insertions) each...... 23.90 First Name...... 23.90 Licensing...... 47.50 Each Subsequent Name...... 8.20 Meeting Final...... 26.75 Municipal or District Councils: Meeting Final Regarding Liquidator’s Report on Annual Financial Statement¾Forms 1 and 2 ...... 451.00 Conduct of Winding Up (equivalent to ‘Final Electricity Supply¾Forms 19 and 20 ...... 319.00 Meeting’) Default in Payment of Rates: First Name...... 32.00 First Name ...... 64.00 Each Subsequent Name...... 8.20 Each Subsequent Name ...... 8.20 Notices: Call...... 40.25 Noxious Trade...... 23.90 Change of Name ...... 16.30 Partnership, Dissolution of...... 23.90 Creditors...... 32.00 Creditors Compromise of Arrangement...... 32.00 Petitions (small)...... 16.30 Creditors (extraordinary resolution that ‘the Com- Registered Building Societies (from Registrar- pany be wound up voluntarily and that a liquidator General)...... 16.30 be appointed’)...... 40.25 Release of Liquidator¾Application¾Large Ad...... 64.00 Register of Unclaimed Moneys¾First Name ...... 23.90 ¾Release Granted...... 40.25 Each Subsequent Name...... 8.20 Receiver and Manager Appointed...... 37.25 Registers of Members¾Three pages and over: Receiver and Manager Ceasing to Act ...... 32.00 Rate per page (in 8pt)...... 204.00 Restored Name...... 30.25 Rate per page (in 6pt)...... 269.00 Petition to Supreme Court for Winding Up...... 55.50 Summons in Action...... 47.50 Sale of Land by Public Auction...... 40.75 Order of Supreme Court for Winding Up Action ...... 32.00 Advertisements...... 2.25 Register of Interests¾Section 84 (1) Exempt...... 72.00 Removal of Office ...... 16.30 Advertisements, other than those listed are charged at $2.25 Proof of Debts...... 32.00 per column line, tabular one-third extra. Sales of Shares and Forfeiture...... 32.00 Notices by Colleges, Universities, Corporations and District Estates: Councils to be charged at $2.25 per line. Assigned...... 23.90 ¾ Where the notice inserted varies significantly in length from Deceased Persons Notice to Creditors, etc...... 40.25 that which is usually published a charge of $2.25 per column line Each Subsequent Name...... 8.20 will be applied in lieu of advertisement rates listed. Deceased Persons¾Closed Estates...... 23.90 Each Subsequent Estate...... 1.00 South Australian Government publications are sold on the Probate, Selling of...... 32.00 condition that they will not be reproduced without prior Public Trustee, each Estate...... 8.20 permission from the Government Printer. All the above prices include GST

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. E-mail: [email protected]. Send as attachments in Word format and please confirm your transmission with a faxed copy of your document, including the date the notice is to be published and to whom the notice will be charged. 3300 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

LIQUOR LICENSING ACT 1997 AND GAMING MACHINES Any person may object to the application by lodging a notice ACT 1992 of objection in the prescribed form with the Licensing Authority, Notice of Application and serving a copy of the notice on the applicants at the applicants’ address given above. NOTICE is hereby given, pursuant to sections 52 and 63 of the Liquor Licensing Act 1997 and section 29 of the Gaming Plans in respect of the premises the subject of the application Machines Act 1992, that DCH Nominees Pty Ltd (ACN 094 980 are open to public inspection without fee at the Office of the 186), c/o Level 11, 185 Victoria Square, Adelaide, S.A. 5000, has Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 applied to the Licensing Authority for the transfer of a Special Grenfell Street, Adelaide, S.A. 5000. Circumstances Licence and Gaming Machines Licence in respect Dated 15 November 2000. of the premises situated at 125 Hindley Street, Adelaide and Applicants known as Royal Admiral Hotel. The applications have been set down for hearing on 22 December 2000. LIQUOR LICENSING ACT 1997 Any person may object to the application by lodging a notice Notice of Application of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicant at the NOTICE is hereby given, pursuant to section 52 (2) (b) of the applicant’s address given above, at least seven days before the Liquor Licensing Act 1997, that Ballarook Pty Ltd, c/o Bonnins hearing date. Solicitors, Level 14, Commonwealth Bank Building, 100 King William Street, Adelaide, S.A. 5000 has applied to the Licensing Plans in respect of the premises the subject of the application Authority for the transfer of a Hotel Licence in respect of are open to public inspection without fee at the Office of the premises situated at Main South Road, Second Valley, S.A. 5204 Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 and known as Leonards Mill. Grenfell Street, Adelaide, S.A. 5000. The application has been set down for hearing on 15 December Dated 15 November 2000. 2000 at 10.30 a.m. Applicant Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicant at the LIQUOR LICENSING ACT 1997 AND GAMING MACHINES applicant’s address given above, at least seven days before the ACT 1992 hearing date. Notice of Application Plans in respect of the premises the subject of the application NOTICE is hereby given, pursuant to section 52 of the Liquor are open to public inspection without fee at the Office of the Licensing Act 1997 and section 29 of the Gaming Machines Act Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 1992, that Adelaide’s London Tavern Pty Ltd (ACN 083 182 Grenfell Street, Adelaide, S.A. 5000. 316) as agent for the London Tavern Partnership comprising Dated 17 November 2000. Boydon Pty Ltd (ACN 083 687 012) as Trustee for the Boydon Family Trust, M.K. & J.L. Nominees Pty Ltd (ACN 073 434 Applicant 456) as Trustee for the Clayton Investment Trust, Cornish Hotel Pty Ltd (ACN 083 697 769) as Trustee for the John Cornish Family Trust, Geoffry Robert Lessue and Denise Elizabeth Lessue LIQUOR LICENSING ACT 1997 as Trustees for the G. & D. Discretionary Trust, Eric Michael Dudley and Naveena Chesworth as Trustees for the Erin Notice of Application Discretionary Trust and Rebecca Lee Chesworth as Trustee for NOTICE is hereby given, pursuant to section 52 (2) (b) of the the Suelee Discretionary Trust has applied to the Licensing Liquor Licensing Act 1997, that John E. Maguire Holdings Pty Authority for the transfer of a Hotel Licence and Gaming Ltd, 100 Carrington Street, Adelaide, S.A. 5000 has applied to Machine Licence in respect of premises situated at 410 North the Licensing Authority for the transfer of a Residential Licence East Road, Windsor Gardens, S.A. 5087 and known as Windsor in respect of premises situated at Mintaro, S.A. 5415 and known Hotel. as Martindale Hall. The applications have been set down for hearing on 22 The application has been set down for hearing on 21 December December 2000. 2000 at 10.30 a.m. 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 Licensing Authority, and serving a copy of the notice on the applicant at the and serving a copy of the notice on the applicant at the applicant’s address given above, at least seven days before the applicant’s address given above, at least seven days before the hearing date. 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 and Gaming Commissioner, 9th Floor, East Wing, 50 Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 Grenfell Street, Adelaide, S.A. 5000. Grenfell Street, Adelaide, S.A. 5000. Dated 16 November 2000. Dated 17 November 2000. Applicant Applicant

LIQUOR LICENSING ACT 1997 LIQUOR LICENSING ACT 1997 Notice of Application Notice of Application NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that Nikitas Manousakis and NOTICE is hereby given, pursuant to section 52 (2) (b) of the Anthony Manousakis, 434 Seaview Road, Henley Beach, S.A. Liquor Licensing Act 1997, that Jon Errol Skuse and Roslyn 5022 have applied to the Licensing Authority for the transfer of Merideth Skuse, 7 Germein Street, Port Vincent, S.A. 5581 have a Restaurant Licence in respect of premises situated at 176 applied to the Licensing Authority for the transfer of a Henley Beach Road, Torrensville, S.A. 5031, known as Cafe Restaurant Licence in respect of premises situated at 35 Marine Antico and to be known as Nikitas. Parade, Port Vincent, S.A. 5581 and known as Gerimia’s. The application has been set down for hearing on 15 December The application has been set down for hearing on 21 December 2000 at 11 a.m. 2000 at 10 a.m. 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3301

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 Extended Trading Authorisation: hearing date. Saturday: Midnight to 5 a.m. the following day. Plans in respect of the premises the subject of the application On days preceding Public Holidays excluding Christmas are open to public inspection without fee at the Office of the Day and Good Friday: Midnight to 5 a.m. the following Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 day. Grenfell Street, Adelaide, S.A. 5000. Any person may object to the application by lodging a notice Dated 17 November 2000. of objection in the prescribed form with the Licensing Authority, Applicants and serving a copy of the notice on the applicant at the applicant’s address given above, at least seven days before the hearing date. LIQUOR LICENSING ACT 1997 Plans in respect of the premises the subject of the application Notice of Application are open to public inspection without fee at the Office of the Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 NOTICE is hereby given, pursuant to section 52 (2) (b) of the Grenfell Street, Adelaide, S.A. 5000. Liquor Licensing Act 1997, that Permafix Australia Pty Ltd, c/o Kelly & Co., Solicitors, Level 17, 91 King William Street, Dated 17 November 2000. Adelaide has applied to the Liquor and Gaming Commissioner for Applicant the transfer of a Producer’s Licence in respect of premises situated at Chapel Hill Road, McLaren Vale, S.A. 5171 and known as Chapel Hill Winery. LIQUOR LICENSING ACT 1997 The application has been set down for hearing on 21 December Notice of Application 2000. 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 Shenannigans One Pty Ltd and of objection in the prescribed form with the Licensing Authority, Shenannigans Two Pty Ltd have applied to the Licensing and serving a copy of the notice on the applicant at the Authority for a variation to the Extended Trading Authorisation applicant’s address given above, at least seven days before the with Entertainment Consent in respect of premises situated at hearing date. Shop 2052C, Westfield Marion, 297 Diagonal Road, Oaklands Plans in respect of the premises the subject of the application Park, S.A. 5046 and known as Shenannigans Irish Pub. are open to public inspection without fee at the Office of the The application has been set down for hearing on 22 December Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 2000. Grenfell Street, Adelaide, S.A. 5000. Conditions Dated 16 November 2000. The following licence conditions are sought: Applicant Extended Trading Authorisation: Saturday: Midnight to 5 a.m. the following day. LIQUOR LICENSING ACT 1997 On days preceding Public Holidays excluding Christmas Notice of Application Day and Good Friday: Midnight to 5 a.m. the following NOTICE is hereby given, pursuant to section 52 (2) (b) of the day. Liquor Licensing Act 1997, that Happy Valley Fine Food Pty Entertainment Consent is to apply to the extended trading Ltd, c/o Fisher Jeffries, SGIC Building, 211 Victoria Square, hours. Adelaide, S.A. 5000, has applied to the Licensing Authority for the transfer of a Restaurant Licence in respect of the premises Any person may object to the application by lodging a notice situated at 192 Chandlers Hill Road, Happy Valley, S.A. 5159 and of objection in the prescribed form with the Licensing Authority, known as Post Office Restaurant Cafe. and serving a copy of the notice on the applicants at the applicants’ address given above, at least seven days before the The application has been set down for hearing on 21 December hearing date. 2000 at 11.30 a.m. Plans in respect of the premises the subject of the application Any person may object to the application by lodging a notice are open to public inspection without fee at the Office of the of objection in the prescribed form with the Licensing Authority, Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 and serving a copy of the notice on the applicant at the Grenfell Street, Adelaide, S.A. 5000. applicant’s address given above, at least seven days before the hearing date. Dated 17 November 2000. Plans in respect of the premises the subject of the application Applicants are open to public inspection without fee at the Office of the Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 Grenfell Street, Adelaide, S.A. 5000. LIQUOR LICENSING ACT 1997 Notice of Application Dated 16 November 2000. (b) Applicant NOTICE is hereby given, pursuant to section 52 (2) of the Liquor Licensing Act 1997, that West Paddock Pty Ltd has applied to the Licensing Authority for a variation to the LIQUOR LICENSING ACT 1997 Extended Trading Authorisation with Entertainment Consent in respect of premises situated at Shop 2052B, Westfield Marion, Notice of Application 297 Diagonal Road, Oaklands Park, S.A. 5046 and known as NOTICE is hereby given, pursuant to section 52 (2) (b) of the Zanzibar Marion. Liquor Licensing Act 1997, that Kapinga Pty Ltd has applied to The application has been set down for hearing on 22 December the Licensing Authority for an Extended Trading Authorisation 2000. in respect of premises situated at Shop 2051A, Westfield Marion, 297 Diagonal Road, Oaklands Park, S.A. 5046, and known as Conditions Charlton’s Pool Lounge. The following licence conditions are sought: The application has been set down for hearing on 22 December Extended Trading Authorisation: 2000. Saturday: Midnight to 5 a.m. the following day. On days preceding Public Holidays excluding Christmas Day and Good Friday: Midnight to 5 a.m. the following day. 3302 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

Entertainment Consent is to apply to the extended trading Plans in respect of the premises the subject of the application hours. are open to public inspection without fee at the Office of the Any person may object to the application by lodging a notice Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 of objection in the prescribed form with the Licensing Authority, Grenfell Street, Adelaide, S.A. 5000. and serving a copy of the notice on the applicant at the Dated 31 October 2000. 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 and Gaming Commissioner, 9th Floor, East Wing, 50 LIQUOR LICENSING ACT 1997 Grenfell Street, Adelaide, S.A. 5000. Notice of Application Dated 17 November 2000. NOTICE is hereby given, pursuant to section 52 (2) (b) of the Applicant Liquor Licensing Act 1997, that Briggs Peninsula Pty Ltd, Williams Peninsula Pty Ltd, Barreau Peninsula Pty Ltd and Colin David Thomas McKee, c/o Bonnins, Level 14, 100 King William LIQUOR LICENSING ACT 1997 Street, Adelaide, S.A. 5000, have applied to the Licensing Notice of Application Authority for a variation to the Extended Trading Authorisation with Entertainment Consent in respect of premises situated at NOTICE is hereby given, pursuant to section 52 (2) (b) of the 481-483 Victoria Road, Taperoo, S.A. 5017 and known as Liquor Licensing Act 1997, that Wayne and Sandra Pedemonte, Peninsula Le Fevre Hotel. 15 Lipson Road, Tumby Bay, S.A. 5605, have applied to the Licensing Authority for a Restaurant Licence with an Extended The application has been set down for hearing on 22 December Trading Authorisation and Entertainment Consent in respect of 2000 at 9 a.m. premises situated at 15 Lipson Road, Tumby Bay, S.A. 5605 and Conditions to be known as Shalom Place. The following licence conditions are sought: The application has been set down for hearing on 22 December 2000 at 9 a.m. 1. That the licensee be permitted to sell liquor on Monday to Wednesday from midnight to 3 a.m. the following day and New Conditions Years Day (being a Monday) from midnight to 3 a.m. the The following licence conditions are sought: following day. 1. Extended Trading Authorisation: 2. Entertainment Consent is to apply to the extended trading hours. Sunday: 8 p.m. to midnight. Any person may object to the application by lodging a notice 2. Section 34 (1) (c)—Authorises the licensee to sell liquor of objection in the prescribed form with the Licensing Authority, on any day except Good Friday and Christmas Day for and serving a copy of the notice on the applicants at the consumption on the licensed premises by persons seated at a applicants’ address given above, at least seven days before the table or attending a function at which food is provided. hearing date. 3. Entertainment Consent is to apply to the Extended Plans in respect of the premises the subject of the application Trading Authorisation. are open to public inspection without fee at the Office of the Any person may object to the application by lodging a notice Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 of objection in the prescribed form with the Licensing Authority, Grenfell Street, Adelaide, S.A. 5000. and serving a copy of the notice on the applicants at the Dated 15 November 2000. applicants’ address given above, at least seven days before the hearing date. Applicants Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 LIQUOR LICENSING ACT 1997 Grenfell Street, Adelaide, S.A. 5000. Notice of Application Dated 17 November 2000. NOTICE is hereby given, pursuant to section 52 (2) (b) of the Applicants Liquor Licensing Act 1997, that Constantinos Virlas, 9A Norman Street, Underdale, S.A. 5032, has applied to the Licensing Authority for an Entertainment Venue Licence in respect of LIQUOR LICENSING ACT 1997 premises situated at 41 (First Floor), Gouger Street, Adelaide. Notice of Application The application has been set down for hearing on 22 December NOTICE is hereby given, pursuant to section 52 (2) (b) of the 2000. Liquor Licensing Act 1997, that Bay Wine Distributors Pty Ltd Any person may object to the application by lodging a notice has applied to the Licensing Authority for the removal of a of objection in the prescribed form with the Licensing Authority, Wholesale Liquor Merchant’s Licence, currently situated at Part and serving a copy of the notice on the applicant at the Section 2075, Hundred of Bremer, S.A. 5255 and to be situated at applicant’s address given above, at least seven days before the 9A Salter Street, Kensington, S.A. 5068 and known as Bay Wine hearing date. Distributors Pty Ltd. Plans in respect of the premises the subject of the application The application has been set down for hearing on 22 December are open to public inspection without fee at the Office of the 2000. Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 Any person may object to the application by lodging a notice Grenfell Street, Adelaide, S.A. 5000. of objection in the prescribed form with the Licensing Authority, Dated 14 November 2000. 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. 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3303

LIQUOR LICENSING ACT 1997 and serving a copy of the notice on the applicant at the Notice of Application applicant’s address given above, at least seven days before the hearing date. NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that New York Bar & Grill Pty Ltd Plans in respect of the premises the subject of the application and B. & S. Matthews Investments Pty Ltd have applied to the are open to public inspection without fee at the Office of the Licensing Authority for a variation to the Extended Trading Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 Authorisation with Entertainment Consent in respect of premises Grenfell Street, Adelaide, S.A. 5000. situated at Shop 2027, Westfield Marion, 297 Diagonal Road, Dated 16 November 2000. Oaklands Park, S.A. 5046 and known as New York Bar & Grill. Applicant The application has been set down for hearing on 22 December 2000. Conditions LIQUOR LICENSING ACT 1997 Notice of Application The following licence conditions are sought: NOTICE is hereby given, pursuant to section 52 (2) (b) of the • Extended Trading Authorisation: Liquor Licensing Act 1997, that Allen & Rowland Shipshapers Saturday: Midnight to 5 a.m. the following day. Pty Ltd (ABN 22 082 276 499), 40 Pelican Place, Semaphore • Entertainment Consent is to apply to the extended trading Park, S.A. 5019 has applied to the Licensing Authority for the hours. transfer of a Retail Liquor Merchant’s Licence in respect of premises situated at Railway Terrace, Paruna, S.A. 5311 and Any person may object to the application by lodging a notice known as Paruna Liquor Store. of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicants at the The application has been set down for hearing on 22 December applicants’ address given above, at least seven days before the 2000 at 10.30 a.m. hearing date. Any person may object to the application by lodging a notice Plans in respect of the premises the subject of the application of objection in the prescribed form with the Licensing Authority, are open to public inspection without fee at the Office of the and serving a copy of the notice on the applicant at the Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 applicant’s address given above, at least seven days before the Grenfell Street, Adelaide, S.A. 5000. hearing date. Dated 17 November 2000. Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the Applicants Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 Grenfell Street, Adelaide, S.A. 5000. LIQUOR LICENSING ACT 1997 Dated 10 November 2000. Notice of Application Applicant NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that RSL Blackwood & District Sub- LIQUOR LICENSING ACT 1997 Branch Inc., 1 Brighton Parade, Blackwood, S.A. 5051 has applied to the Licensing Authority for an Extended Trading Notice of Application Authorisation in respect of premises situated at 1 Brighton NOTICE is hereby given, pursuant to section 52 (2) (b) of the Parade, Blackwood and known as RSL Blackwood & District Sub- Liquor Licensing Act 1997, that Kingston Estate Wines Pty Ltd Branch. (ACN 063 167 813), c/o Fisher Jeffries, SGIC Building, 211 The application has been set down for hearing on 22 December Victoria Square, Adelaide, S.A. 5000 has applied to the Licensing 2000 at 9 a.m. Authority for a Producer’s Licence in respect of premises situated at 539 Greenhill Road, Hazelwood Park, S.A. 5066 and to be Conditions known as Kingston Estate Wines. The following licence conditions are sought: The application has been set down for hearing on 22 December Extended Trading Authorisation: 2000 at 9 a.m. Thursday, Friday and Saturday: Midnight to 2 a.m. the Any person may object to the application by lodging a notice following day. of objection in the prescribed form with the Licensing Authority, Any person may object to the application by lodging a notice and serving a copy of the notice on the applicant at the of objection in the prescribed form with the Licensing Authority, applicant’s address given above, at least seven days before the and serving a copy of the notice on the applicant at the hearing date. applicant’s address given above, at least seven days before the Plans in respect of the premises the subject of the application hearing date. are open to public inspection without fee at the Office of the Plans in respect of the premises the subject of the application Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 are open to public inspection without fee at the Office of the Grenfell Street, Adelaide, S.A. 5000. Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 Dated 14 November 2000. Grenfell Street, Adelaide, S.A. 5000. Applicant Dated 16 November 2000. Applicant LIQUOR LICENSING ACT 1997 Notice of Application LIQUOR LICENSING ACT 1997 NOTICE is hereby given, pursuant to section 52 (2) (b) of the Notice of Application Liquor Licensing Act 1997, that Renatka Investments Pty Ltd NOTICE is hereby given, pursuant to section 52 (2) (b) of the (ACN 095 090 225), c/o JSG Martin Chartered Accountant, Liquor Licensing Act 1997, that Stephen Philip Alexander Level 2, 366 King William Street, Adelaide, S.A. 5000 has Machin, c/o David Watts & Associates, Liquor Licensing applied to the Licensing Authority for the transfer of a Consultants, 1 Cator Street, Glenside, S.A. 5065, has applied to Restaurant Licence in respect of premises situated at 4 East the Licensing Authority for a Wholesale Liquor Merchant’s Terrace, Adelaide, S.A. 5000 and to be known as Botanic Cafe. Licence in respect of premises situated at 13 Ormonde Avenue, The application has been set down for hearing on 22 December Millswood, S.A. 5034 and to be known as Steve Machin Liquor 2000 at 11.30 a.m. Wholesalers. Any person may object to the application by lodging a notice The application has been set down for hearing on 22 December of objection in the prescribed form with the Licensing Authority, 2000 at 9 a.m. and serving a copy of the notice on the applicant at the Any person may object to the application by lodging a notice applicant’s address given above, at least seven days before the of objection in the prescribed form with the Licensing Authority, hearing date. 3304 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

Plans in respect of the premises the subject of the application Conditions are open to public inspection without fee at the Office of the The following licence conditions are sought: Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 Grenfell Street, Adelaide, S.A. 5000. Extended Trading Authorisation: Dated 16 November 2000. Monday to Saturday: Midnight to 2 a.m. the following morning. Applicant Sunday: 8 p.m. to 9 p.m. Any person may object to the application by lodging a notice LIQUOR LICENSING ACT 1997 of objection in the prescribed form with the Licensing Authority, Notice of Application and serving a copy of the notice on the applicant at the applicant’s address given above, at least seven days before the NOTICE is hereby given, pursuant to section 52 (2) (b) of the hearing date. Liquor Licensing Act 1997, that Heysen Wines Pty Ltd (ACN 094 672 714), 34 Hastings Street, Glenelg South, S.A. 5045 has Plans in respect of the premises the subject of the application applied to the Licensing Authority for the grant of a Producer’s are open to public inspection without fee at the Office of the Licence in respect of premises situated at 34 Hastings Street, Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 Glenelg South and to be known as Heysen Wines. Grenfell Street, Adelaide, S.A. 5000. Dated 15 November 2000. The application has been set down for hearing on 5 January 2001. Applicant Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, LIQUOR LICENSING ACT 1997 and serving a copy of the notice on the applicant at the applicant’s address given above, at least seven days before the Notice of Application hearing date. NOTICE is hereby given, pursuant to section 52 (2) (b) of the Plans in respect of the premises the subject of the application Liquor Licensing Act 1997, that Encounter Bay Excavations, 19 are open to public inspection without fee at the Office of the Burton Terrace, Wudinna, S.A. 5652, has applied to the Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 Licensing Authority for an Extended Trading Authorisation in Grenfell Street, Adelaide, S.A. 5000. respect of premises situated at 19 Burton Terrace, Wudinna and known as Wudinna Hotel-Motel. Dated 20 November 2000. The application has been set down for hearing on 22 December Applicant 2000 at 9 a.m. Conditions LIQUOR LICENSING ACT 1997 The following licence conditions are sought: Notice of Application Extended Trading Authorisation: NOTICE is hereby given, pursuant to section 52 (2) (b) of the Sunday: 8 a.m. to 11 a.m. Liquor Licensing Act 1997, that Tin Roof Pty Ltd (ACN 095 8 p.m. to midnight. 094 741) has applied to the Licensing Authority for the transfer Any person may object to the application by lodging a notice of a Hotel Licence in respect of premises situated at 163 of objection in the prescribed form with the Licensing Authority, Waymouth Street, Adelaide, S.A. 5000, and known as The Garage and serving a copy of the notice on the applicant at the Sale Bar & Bistro. applicant’s address given above, at least seven days before the The application has been set down for hearing on 22 December hearing date. 2000. Plans in respect of the premises the subject of the application Any person may object to the application by lodging a notice are open to public inspection without fee at the Office of the of objection in the prescribed form with the Licensing Authority, Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 and serving a copy of the notice on the applicant at the Grenfell Street, Adelaide, S.A. 5000. applicant’s address given above, at least seven days before the Dated 14 November 2000. hearing date. Applicant Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 LIQUOR LICENSING ACT 1997 Grenfell Street, Adelaide, S.A. 5000. Notice of Application Dated 16 November 2000. NOTICE is hereby given, pursuant to section 52 (2) (b) of the Applicant Liquor Licensing Act 1997, that Jane Elizabeth Mader, Malcolm John Mancel Cooper and Kathleen Moira Cooper, 47 Whitewood Drive, Upper Sturt, S.A. 5156, have applied to the Licensing LIQUOR LICENSING ACT 1997 Authority for a Producer’s Licence in respect of premises situated Notice of Application at 47 Whitewood Drive, Upper Sturt, and to be known as Golden Mile Wines. NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that Zero In Pty Ltd has applied to The application has been set down for hearing on 22 December the Licensing Authority for an Extended Trading Authorisation 2000 at 9 a.m. in respect of premises situated at 55 George Street, Millicent, S.A. Any person may object to the application by lodging a notice 5280 and known as Grand Hotel. of objection in the prescribed form with the Licensing Authority, The application has been set down for hearing on 22 December and serving a copy of the notice on the applicants at the 2000. applicants’ address given above, at least seven days before the 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 and Gaming Commissioner, 9th Floor, East Wing, 50 Grenfell Street, Adelaide, S.A. 5000. Dated 13 November 2000. Applicants 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3305

LIQUOR LICENSING ACT 1997 Any person may object to the application by lodging a notice Notice of Application of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicant at the NOTICE is hereby given, pursuant to section 52 (2) (b) of the applicant’s address given above, at least seven days before the Liquor Licensing Act 1997, that Stephen Norman Allen and hearing date. Rosemary Anne McDowell, Section 341, Hundred of Clare, S.A. 5453, have applied to the Licensing Authority for a Direct Sales Plans in respect of the premises the subject of the application Licence in respect of premises situated at Section 341, are open to public inspection without fee at the Office of the Government Road, Clare, and to be known as Stephen Allen. Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 Grenfell Street, Adelaide, S.A. 5000. The application has been set down for hearing on 22 December 2000 at 9 a.m. Dated 7 November 2000. 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 applicants at the applicants’ address given above, at least seven days before the MINING ACT 1971 hearing date. NOTICE is hereby given in accordance with section 28 (5) of the Plans in respect of the premises the subject of the application Mining Act 1971, that the Minister for Minerals and Energy are open to public inspection without fee at the Office of the proposes to grant an Exploration Licence over the under- Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 mentioned area: Grenfell Street, Adelaide, S.A. 5000. Applicant: Minex (SA) Pty Ltd Dated 13 November 2000. Location: Bonython Hill Area—Approximately 35 km Applicants south-east of Olary, bounded as follows: Commencing at a point being the intersection of latitude 32°20¢S and longitude 140°39¢E, thence east to longitude 140°48¢E, LIQUOR LICENSING ACT 1997 south to latitude 32°21¢S, west to longitude 140°46¢E, Notice of Application south to latitude 32°26¢S, west to longitude 140°39¢E, and north to the point of commencement, all the within NOTICE is hereby given, pursuant to section 52 (2) (b) of the latitudes and longitudes being geodetic and expressed in Liquor Licensing Act 1997, that Central District Football Club, terms of the Australian Geodetic Datum as defined on p. Goodman Road, Elizabeth, S.A. 5112, has applied to the 4984 of Commonwealth Gazette number 84 dated Licensing Authority for an Extended Trading Authorisation with 6 October 1966 (AGD66). Entertainment Consent, in respect of premises situated at Good- man Road, Elizabeth and known as Central District Footballers Term: 1 Year Club. Area in km2: 120 The application has been set down for hearing on 22 December Ref: 088/00 2000 at 9 a.m. H. TYRTEOS, Acting Mining Registrar, Department of Conditions Primary Industries and Resources The following licence conditions are sought: 1. Extended Trading Authorisation: MINING ACT 1971 Sunday: 8 a.m. to 11 a.m. 8 p.m. to midnight. NOTICE is hereby given in accordance with Section 28 (5) of the Mining Act 1971, that the Minister for Minerals and Energy 2. Entertainment Consent. proposes to grant an Exploration Licence over the under- Any person may object to the application by lodging a notice mentioned area: of objection in the prescribed form with the Licensing Authority, Applicant: Redfire Resources Ltd and serving a copy of the notice on the applicant at the applicant’s address given above, at least seven days before the Location: Mt Willoughby Area—Approximately 90 km hearing date. south-east of Marla, bounded as follows: Commencing at a point being the intersection of latitude 27°51¢S and Plans in respect of the premises the subject of the application longitude 134°07¢E, thence east to longitude 134°19¢E, are open to public inspection without fee at the Office of the south to latitude 27°53¢S, west to longitude 134°15¢E, Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 south to latitude 27°54¢S, west to longitude 134°12¢E, Grenfell Street, Adelaide, S.A. 5000. south to latitude 28°00¢S, west to longitude 134°10¢E, Dated 13 November 2000. south to latitude 28°08¢S, west to longitude 134°07¢E, and north to the point of commencement, but excluding Applicant Tarcoola-Alice Springs Railway (Reserved GG 13.11.75), all the within latitudes and longitudes being geodetic and expressed in terms of the Australian Geodetic Datum as LIQUOR LICENSING ACT 1997 defined on p. 4984 of Commonwealth Gazette number 84 Notice of Application dated 6 October 1966 (AGD66). NOTICE is hereby given, pursuant to section 52 (2) (b) of the Term: 1 Year Liquor Licensing Act 1997, that Hugh Alexander Koch, 8 Area in km2: 260 Petticoat Lane, Penola, S.A. 5277, has applied to the Licensing Authority for a Restaurant Licence in respect of premises situated Ref: 328/97 at 52 Riddoch Street, Penola and to be known as Pipers of H. TYRTEOS, Acting Mining Registrar, Department of Penola. Primary Industries and Resources The application has been set down for hearing on 22 December 2000. 3306 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

PROOF OF SUNRISE AND SUNSET ACT 1923—ALMANAC FOR JANUARY, FEBRUARY AND MARCH 2001 PURSUANT to the requirements of the Proof of Sunrise and Sunset Act 1923, I, Trevor Noel Argent, Commissioner of Highways, at the direction of the Honourable the Minister for Transport, Urban Planning and the Arts, publish in the Schedule hereto an almanac setting out the times of sunrise and sunset on every day for the three calendar months of January, February and March 2001. Dated at Adelaide, 16 November 2000. T. N. ARGENT, Comissioner of Highways 97/03263

THE SCHEDULE Times of sunrise and sunset during the months of January, February and March 2001. Month January February March Date Sunrise Sunset Sunrise Sunset Sunrise Sunset a.m. p.m. a.m. p.m. a.m. p.m. 1 ...... 6.05 8.34 6.36 8.24 7.03 7.54 2 ...... 6.06 8.34 6.37 8.23 7.04 7.52 3 ...... 6.07 8.34 6.38 8.22 7.05 7.51 4 ...... 6.08 8.34 6.39 8.21 7.06 7.50 5 ...... 6.09 8.34 6.40 8.20 7.07 7.48 6 ...... 6.10 8.34 6.41 8.19 7.07 7.47 7 ...... 6.11 8.34 6.42 8.18 7.08 7.45 8 ...... 6.12 8.34 6.43 8.17 7.09 7.44 9 ...... 6.12 8.34 6.44 8.16 7.10 7.43 10 ...... 6.13 8.34 6.45 8.15 7.11 7.41 11 ...... 6.14 8.34 6.46 8.14 7.12 7.40 12 ...... 6.15 8.34 6.47 8.13 7.13 7.39 13 ...... 6.16 8.33 6.48 8.12 7.14 7.37 14 ...... 6.17 8.33 6.49 8.11 7.14 7.36 15 ...... 6.18 8.33 6.50 8.10 7.15 7.34 16 ...... 6.19 8.32 6.51 8.09 7.16 7.33 17 ...... 6.20 8.32 6.52 8.08 7.17 7.32 18 ...... 6.21 8.31 6.53 8.06 7.17 7.30 19 ...... 6.22 8.31 6.54 8.05 7.18 7.29 20 ...... 6.23 8.31 6.55 8.04 7.19 7.28 21 ...... 6.24 8.30 6.56 8.03 7.20 7.26 22 ...... 6.25 8.30 6.56 8.02 7.21 7.25 23 ...... 6.26 8.29 6.57 8.01 7.22 7.23 24 ...... 6.27 8.29 6.58 8.00 7.23 7.22 25 ...... 6.28 8.28 6.59 7.59 6.24 6.20 26 ...... 6.29 8.27 7.00 7.57 6.24 6.19 27 ...... 6.30 8.27 7.01 7.56 6.25 6.17 28 ...... 6.31 8.26 7.02 7.55 6.26 6.16 29 ...... 6.32 8.26 6.27 6.15 30 ...... 6.33 8.25 6.27 6.13 31 ...... 6.34 8.24 6.28 6.12

Note: Under the Daylight Saving Act 1971 all times up to and including 25 March 2001, have been corrected to South Australian Summer Time. 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3307

ROADS (OPENING AND CLOSING) ACT 1991: Adelaide, 14 November 2000. SECTION 24 DIANA LAIDLAW, Minister for Transport NOTICE OF CONFIRMATION OF ROAD and Urban Planning PROCESS ORDER TSA 2000/04423 Public Road, Point Sturt, Hundred of Alexandrina Deposited Plan 56011 BY Road Process Order made on 4 October 2000, the NOTICE TO MARINERS Alexandrina Council ordered that: NO. 32 OF 2000 1. Portion of piece 21 in Filed Plan 40183 adjoining the South Australia—Gulf St Vincent—Port Adelaide River— southern boundary, more particularly delineated and numbered Osborne—Dredging Operations ‘1’ in Preliminary Plan No. PP32/0568 be opened as road. MARINERS are advised that a suction cutter dredge will be 2. Portion of the unnamed public road dividing pieces 20 and conducting Dredging Operations on the western side of the main 21 in Filed Plan 40183, more particularly delineated and channel of the Port Adelaide River immediately south of the lettered ‘A’ in Preliminary Plan No. PP32/0568 be closed. Penrice Wharf at Osborne commencing Thursday, 2 November 3. The whole of the land subject to closure be transferred to 2000 and continuing for approximately two weeks. The TRUDY LEE HUCZKO and STEPHEN JOSEF HUCZKO in operations will be carried out during the day and at night. accordance with agreement for exchange dated 3 October The dredge will deploy two anchors, one from each bow, which 2000, entered into between the Alexandrina Council and T. L. will be marked by unlit buoys. One unlit anchor buoy will be Huczko and S. J. Huczko. positioned on or near the centreline of the channel. On 14 November 2000, that order was confirmed by the The dredge will move out of the channel to the west and the Minister for Administrative and Information Services. anchors will be lifted for commercial shipping but the dredge will Pursuant to section 24(5) of the Roads (Opening and Closing) not move for tugs or other small craft, which should be able to Act 1991, NOTICE of the order referred to above and its pass on the eastern side of the dredge. confirmation is hereby given. A floating pipeline will carry spoil to the western shore. Dated 23 November 2000. Whilst in position, the barge will exhibit the appropriate lights K. SARNECKIS, Acting Surveyor-General and shapes required by the international regulations for the prevention of collisions at sea. Notice to traverse the River should be given via the Outer ROADS (OPENING AND CLOSING) ACT 1991 Harbor Signal Station. Road Closure—Portion of Grand Junction Road, Port Adelaide Mariners should communicate directly with the dredge on VHF NOTICE is hereby given, pursuant to section 10 of the Roads channels 16 – 14 – 12 to ensure safe passage. (Opening and Closing) Act 1991, that the CITY OF PORT Navy Chart affected: Aus 137 ADELAIDE ENFIELD proposes to make a Road Process Order to close and transfer to Viking J. Fisheries Pty Ltd portion of the Local Chart affected: Port Adelaide and Approaches public road (Grand Junction Road) between the eastern boundary Publication affected: Australian Pilot, Vol. 1 (Seventh of allotment 334 in Deposited Plan 3 and the western boundary Edition, 1992) pages 125-130 of Liddon Place at its intersection with Grand Junction Road, more particularly delineated and lettered ‘A’ in Preliminary Plan Adelaide, 27 October 2000. No. PP32/0621. DIANA LAIDLAW, Minister for Transport A copy of the plan and a statement of persons affected are and Urban Planning available for public inspection at the office of the Council, 163 St PCSA 98/0142 P2 Vincent Street, Port Adelaide, S.A. 5015 and the Adelaide office of the Surveyor-General during normal office hours. Any application for easement or objection must set out the full NOTICE TO MARINERS name, address and details of the submission and must be fully supported by reasons. NO. 33 OF 2000 The application for easement or objection must be made in South Australia—Gulf St Vincent—Port Adelaide—Submarine writing to the Council, P.O. Box 110, Port Adelaide, S.A. 5015 Trials Moorings WITHIN 28 DAYS OF THIS NOTICE and a copy must be Former Notice No. 21 of 1998 forwarded to the Surveyor-General, G.P.O. Box 1354, Adelaide, S.A. 5001. Where a submission is made, the Council will give THE Submarine Trim Dive Moorings referred to in the previous notification of a meeting at which the matter will be considered. notice are currently unlit due to a defective light. The light will not be repaired due to the fact that these moorings and their Dated 21 November 2000. associated risers will be removed and brought ashore before close K. SARNECKIS, Acting Surveyor-General of business on Friday, 3 November 2000. It is the intention to leave the mooring ground tackle in place and therefore the site will remain a spoil ground not safe to anchor in or around until NOTICE TO MARINERS further notice. NO. 15 OF 2000 Navy Charts affected: Aus 345, 444, 780 and 781 South Australia—Spencer Gulf—Port Hughes Boat Launching Local Chart affected: Gulf St Vincent Facility—Lights Installed Publication affected: Australia Pilot, Vol. 1 (Seventh MARINERS are advised that two lights have been installed at the Edition, 1992), page 126 entrance to the navigation channel into the Port Hughes Boat Adelaide, 27 October 2000. Launching Facility. DIANA LAIDLAW, Minister for Transport A starboard hand light (FG) at approximate AGD 66 location and Urban Planning Latitude 34°04¢29.8955²S, Longitude 137°32¢38.0304²E has been installed on the existing daymark beacon adjacent to the TSA 98/09247 southern breakwater. A port hand light (FR) at approximate AGD 66 location Latitude 34°04¢30.8774²S, Longitude 137°32¢39.1987²E has been installed on the existing daymark beacon adjacent to the northern breakwater. Navy charts affected: Aus 344, 444 and 777 Publication affected : Australia Pilot, Vol. 1 (Seventh Edition, 1992) page 97 3308 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

NOTICE TO MARINERS WATER MAINS AND SEWERS No. 34 of 2000 Office of the South Australian Water Corporation South Australia—Spencer Gulf—Port Pirie—Germein Bay Net Adelaide, 23 November 2000. Closure Area MARINERS are advised that three wooden piles have been driven in the following approximate WGS 84 locations to mark the WATER MAINS LAID south-western boundary of the Germein Bay Net Closure Area: Notice is hereby given that the following main pipes or parts of Pile Latitude Longitude Characteristics main pipes have been laid down by the South Australian Water 1 33°06¢55.6997² 137°56¢20.0134² Yellow cross on Corporation in or near the undermentioned water districts and are yellow square now available for a constant supply of water to adjacent land. ° ¢ ² ° ¢ ² 2 33 08 17.4607 137 56 06.6383 No top mark ADELAIDE WATER DISTRICT 3 33°09¢11.6107² 137°55¢57.5553² Inverted white triangle (at edge of CITY OF CHARLES STURT mangroves) Hill Street, Henley Beach. p5 Mariners are advised to proceed with caution in the vicinity. Harrison Street, Henley Beach. p5 Navy Charts affected: Aus 136 CITY OF ONKAPARINGA Publication affected: Australia Pilot, Vol. 1 (Seventh Right of way south of lot 2, Clement Terrace, Christies Edition, 1992), page 105 Beach. p6 Adelaide, 13 November 2000. DIANA LAIDLAW, Minister for Transport CEDUNA WATER DISTRICT and Urban Planning PCSA 98/0219 DISTRICT OF CEDUNA Betts Street, Ceduna. p4 Kelly Street, Ceduna. p4 NOTICE TO MARINERS NO. 35 OF 2000 MOUNT GAMBIER WATER DISTRICT South Australia—Gulf St Vincent—Port Adelaide River— Osborne—Dredging Operations CITY OF MOUNT GAMBIER Greenway Place, Mount Gambier. p10 Former Notice No. 32 of 2000 Warrick Close, Mount Gambier. p11 MARINERS are advised that a suction cutter dredge will be Saint Martins Drive, Mount Gambier. p12 conducting Dredging Operations on the western side of the main Kyrenia Court, Mount Gambier. p12 channel of the Port Adelaide River immediately south of the Arlington Terrace, Mount Gambier. p13 Penrice Wharf at Osborne commencing Friday, 17 November Roanoke Court, Mount Gambier. p13 and 14 2000 and continuing for approximately two weeks. The Callahan Place, Mount Gambier. p13 operations will be carried out during the day and at night. The dredge will deploy two anchors, one from each bow, which PORT LINCOLN WATER DISTRICT will be marked by unlit buoys. One unlit anchor buoy will be positioned on or near the centreline of the channel. CITY OF PORT LINCOLN The dredge will move out of the channel to the west and the Seaton Avenue, Port Lincoln. p3 anchors will be lifted for commercial shipping but the dredge will not move for tugs or other small craft, which should be able to pass on the eastern side of the dredge. WATER MAINS ABANDONED A floating pipeline will carry spoil to the western shore. Notice is hereby given that the undermentioned water mains have Whilst in position, the barge will exhibit the appropriate lights been abandoned by the South Australian Water Corporation. and shapes required by the international regulations for the prevention of collisions at sea. ADELAIDE WATER DISTRICT Notice to traverse the River should be given via the Outer Harbor Signal Station. CITY OF CHARLES STURT Hill Street, Henley Beach. p5 Mariners should communicate directly with the dredge on VHF Harrison Street, Henley Beach. p5 channels 16 – 14 – 12 to ensure safe passage. Navy Chart affected: Aus 137 SEWERS LAID Local Chart affected: Port Adelaide and Approaches Publication affected: Australian Pilot, Vol. 1 (Seventh Notice is hereby given that the following sewers have been laid Edition, 1992) pages 125-130 down by the South Australian Water Corporation in the under- mentioned drainage areas and are now available for house Adelaide, 10 November 2000. connections. DIANA LAIDLAW, Minister for Transport and Urban Planning ADELAIDE DRAINAGE AREA PCSA 98/0142 P2 CITY OF CHARLES STURT McNab Place, Seaton. FB 1091 p58 Reedie Street, Henley Beach. FB 1091 p59 Ayr Avenue, Seaton. FB 1091 p60 Risely Avenue, Royal Park. FB 1092 p2 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3309

CITY OF PORT ADELAIDE ENFIELD That the determinations of the Corporation as to the Koombana Road, Osborne. FB 1091 p55 classes of industry into which the industries carried out Swan Street, Semaphore. FB 1092 p1 in the State of South Australia are to be divided made prior to the making of this determination (‘the existing classes’) be varied by creating those classes of CITY OF UNLEY industry set out in Column No. 2 of the Appendix Birkdale Avenue, Clarence Park. FB 1092 p4 hereto (‘the new classes’) into which the industries carried on in the State of South Australia shall be divided as additions or amendments to the existing MOUNT GAMBIER COUNTRY DRAINAGE AREA classes as the case may be and to which shall be attached the industry code numbers referred to in CITY OF MOUNT GAMBIER Column No. 1 of the Appendix hereto. Greenway Place, Mount Gambier. FB 1066 p48 2.2 Additional Levy Rates Arlington Terrace, Mount Gambier. FB 1090 p17 and 18 Roanoke Court, Mount Gambier. FB 1090 p17 and 18 The percentage of aggregate remuneration paid to an Callahan Place, Mount Gambier. FB 1090 p17 and 18 employer’s workers in each of the new classes in which an employer employs workers payable as the levy shall be the corresponding percentage set out in MURRAY BRIDGE COUNTRY DRAINAGE AREA Column No. 3 of the Appendix hereto. Item 3 Grounds of Determination RURAL CITY OF MURRAY BRIDGE 3.1 In respect of the new classes of industry that it is Easement in lots 5 and 6, Lohmann Street, Murray Bridge. appropriate to create these additional classes of FB 1092 p3 industry having regard to the commonality of functions carried on therein. STIRLING COUNTRY DRAINAGE AREA 3.2 In respect of the levy applicable to the new classes of industry that the percentages applicable to the ADELAIDE HILLS COUNCIL particular classes of industry take into account: Millar Avenue, Crafers. FB 1091 p56 and 57 (a) the extent to which work carried on in a relevant Easement in lot 1, Miels Road, Crafers. FB 1091 p56 and 57 class is likely to contribute to the cost of Easements in lot 8, Millar Avenue, lot 24, Miels Road and lots compensable disability; and 23-21, Davidson Avenue, Crafers. FB 1091 p56 and 57 (b) Easement in lot 3, Millar Avenue and lot 100, Bradshaw Avenue, the need to establish and maintain sufficient Crafers. FB 1091 p56 and 57 funds: (i) to satisfy the Corporation’s future liabilities in respect of compensable SEWERS ABANDONED disabilities attributable to traumas occurring from the date of commencement of this Notice is hereby given that the undermentioned sewer has been determination until 30 June 2001 from the abandoned by the South Australian Water Corporation. levy raised from remuneration in that period; and (ii) to make proper provision for administrative MOUNT GAMBIER COUNTRY DRAINAGE AREA and other expenditure of the Corporation; and CITY OF MOUNT GAMBIER (iii) to make up any insufficiency in the Greenway Place, Mount Gambier. FB 1066 p48 Compensation Fund resulting from previous liabilities or expenditures or from a reassessment of future liabilities. SEWERS LAID Item 4 Commencement Date of Determination Notice is hereby given that the undermentioned sewer has been 1 January 2001. laid down by the South Australian Water Corporation and is not available for house connections. Item 5 Notice of Determination That notice of this determination be published in the South STIRLING COUNTRY DRAINAGE AREA Australian Government Gazette. ADELAIDE HILLS COUNCIL Confirmed as a true and correct record of the decision of the Bradshaw Avenue, Crafers. FB 1091 p56 and 57 Corporation. Dated 10 November 2000. A. HOWE, Acting Chief Executive Officer, P. GUNNER, Chairperson South Australian Water Corporation APPENDIX WORKERS REHABILITATION AND COMPENSATION ACT WORKCOVER CORPORATION OF SOUTH AUSTRALIA 1986 WorkCover Levy Rates per $100 Remuneration exclusive of GST Determination THE WORKCOVER CORPORATION OF SOUTH AUSTRALIA Column No. 1 Column No. 2 Column No. 3 (‘the Corporation’) in accordance with those provisions of the SAWIC Code No. Description Rate per $100 WORKERS REHABILITATION AND COMPENSATION ACT 1986 as amended (‘the Act’) identified in Item I of the Schedule hereto (‘the Schedule’) makes its determination in the terms set 8491 01 Employment Services— out in Item 2 of the Schedule upon the grounds set out in Item 3 Category 1 6.00% of the Schedule, if any, to come into effect on the date set out in 8491 02 Employment Services— Item 4 of the Schedule and determines further that notice of this Category 2 2.50% determination shall be provided in the manner set out in Item 5 8491 03 Employment Services— of the Schedule. Category 3 0.90% SCHEDULE Item 1 Section Empowering Determination Section 66 Item 2 Terms of Determination 2.1 Amendment to Classes of Industry 3310 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

REGULATIONS UNDER THE GUARDIANSHIP AND ADMINISTRATION ACT 1993 No. 264 of 2000 At the Executive Council Office at Adelaide 23 November 2000

PURSUANT to the Guardianship and Administration Act 1993 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.

DEAN BROWN Minister for Human Services SUMMARY OF PROVISIONS 1. Citation 2. Commencement 3. Variation of reg. 12—Prescribed scale of legal practitioner fees (s. 73) Citation 1. The Guardianship and Administration Regulations 1995 (see Gazette 2 March 1995 p.797), as varied, are referred to in these regulations as "the principal regulations".

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

Variation of reg. 12—Prescribed scale of legal practitioner fees (s. 73) 3. Regulation 12 of the principal regulations is varied—

(a) by striking out from item 1 "296" and substituting "325.60";

(b) by striking out from item 2 "98" and substituting "107.80";

(c) by striking out from item 3 "60" and "80" and substituting, respectively, "66" and "88".

DHSCS 00/36 R. DENNIS Clerk of the Council 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3311

REGULATIONS UNDER THE MENTAL HEALTH ACT 1993 No. 265 of 2000 At the Executive Council Office at Adelaide 23 November 2000

PURSUANT to the Mental Health Act 1993 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.

DEAN BROWN Minister for Human Services SUMMARY OF PROVISIONS 1. Citation 2. Commencement 3. Variation of reg. 13—Prescribed scale of legal practitioner fees (s. 27)

Citation 1. The Mental Health Regulations 1995 (see Gazette 2 March 1995 p. 763), as varied, are referred to in these regulations as "the principal regulations".

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

Variation of reg. 13—Prescribed scale of legal practitioner fees (s. 27) 3. Regulation 13 of the principal regulations is varied—

(a) by striking out from item 1 "296" and "223" and substituting, respectively, "325.60" and "245.30";

(b) by striking out from item 2 "98" and "73" and substituting, respectively, "107.80" and "80.30".

DHSCS 00/36 R. DENNIS Clerk of the Council 3312 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

REGULATIONS UNDER THE LEGAL PRACTITIONERS ACT 1981 No. 266 of 2000 At the Executive Council Office at Adelaide 23 November 2000

PURSUANT to the Legal Practitioners Act 1981 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.

K. T. GRIFFIN Attorney-General SUMMARY OF PROVISIONS 1. Citation 2. Commencement 3. Variation of Sched. 2—Fees Citation 1. The Legal Practitioners Regulations 1994 (see Gazette 1 September 1994 p. 636), 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 Sched. 2—Fees 3. Schedule 2 of the principal regulations is varied by striking out paragraphs (a) and (b) of clause 1(1) and substituting the following paragraphs:

(a) for at least 6 months—

(i) if the certificate is to take effect before 1 January 2001...... $247.00 fee $50.00 levy

(ii) if the certificate is to take effect on or after 1 January 2001 ...... $254.00 fee $50.00 levy

(b) for less than 6 months—

(i) if the certificate is to take effect before 1 January 2001...... $143.75 fee $25.00 levy

(ii) if the certificate is to take effect on or after 1 January 2001 ...... $149.00 fee $25.00 levy

CSA04/00 R. DENNIS Clerk of the Council 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3313

REGULATIONS UNDER THE HARBORS AND NAVIGATION ACT 1993 No. 267 of 2000 At the Executive Council Office at Adelaide 23 November 2000

PURSUANT to the Harbors and Navigation Act 1993 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. 6—Exemption of Royal Australian Navy vessels 4. Variation of reg. 8—Interpretation 5. Variation of reg. 17—Obstruction of landing places 6. Variation of reg. 31—Restrictions in certain harbors 7. Variation of reg. 32—Mooring and unmooring of vessels in certain harbors 8. Variation of reg. 58—Vessels to which crewing requirements apply: s. 37 9. Variation of reg. 64—Exemptions from s. 47(3) and (4) 10. Variation of reg. 73—Special permits for recreational vessels: s. 47(3) and (4) 11. Insertion of reg. 74A 74A. Issue of temporary Boat Operator's Licence 12. Variation of reg. 84—Periodic inspections 13. Variation of reg. 87—Certificate of inspection 14. Insertion of reg. 87A 87A. Extension of period for which certificate remains in force 15. Variation of reg. 88—Licence and certificates of inspection to be displayed 16. Variation of reg. 89—Register books 17. Variation of reg. 97—Exemptions from s. 55 18. Insertion of reg. 97A 97A. Trade plates 19. Insertion of reg. 115A 115A. Extension of period for which certificate remains in force 20. Variation of reg. 132—Life-jackets on certain recreational vessels 21. Variation of reg. 134—Excess persons on recreational vessel 22. Variation of reg. 136—Radio watch 23. Variation of reg. 140—Obligation of person being towed 24. Variation of reg. 141—Obligation of operator of vessel towing a person 25. Variation of reg. 142—Operating another vessel too close to person being towed 26. Variation of reg. 150—Kingston Bridge 27. Insertion of reg. 154A 154A. Work involving flame or flash 28. Substitution of reg. 160 160. Minor accidents involving recreational vessels need not be reported: s. 75(1) 29. Variation of reg. 168—Application for permit 30. Variation of Sched. 1 31. Variation of Sched. 4 32. Variation of Sched. 8 33. Variation of Sched. 9 3314 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

34. Variation of Sched. 11 35. Variation of Sched. 14 Citation 1. The Harbors and Navigation Regulations 1994 (see Gazette 20 October 1994 p. 987), as varied, are referred to in these regulations as "the principal regulations".

Commencement 2. These regulations will come into operation one month after the day on which they are made.

Variation of reg. 6—Exemption of Royal Australian Navy vessels 3. Regulation 6 of the principal regulations is varied by inserting "Royal" after "belonging to the".

Variation of reg. 8—Interpretation 4. Regulation 8 of the principal regulations is varied—

(a) by striking out the definition of "moor" in subregulation (1) and substituting the following definition:

"moor" means to make fast to the shore, a buoy, a jetty or a wharf or to anchor;;

(b) by striking out from the definition of "underway" in subregulation (1) "at anchor, or made fast to the shore," and substituting "moored";

(c) by striking out paragraph (c) of the definition of "V distress sheet" in subregulation (1).

Variation of reg. 17—Obstruction of landing places 5. Regulation 17 of the principal regulations is varied by striking out subregulation (1) and substituting the following subregulations:

(1) A person must not moor a vessel at or near a landing place for longer than—

(a) if no direction is given by the CEO or an authorised person—a total of 4 hours in any day; or

(b) if a direction is given by the CEO or an authorised person—the period directed.

Maximum penalty: $1 250 Expiation fee: $160.

(1a) It is a defence to a charge of an offence against subregulation (1) for the defendant to prove that—

(a) the vessel was unable to be safely moved within the time allowed by subregulation (1) because of a mechanical or equipment failure or because of prevailing weather conditions; and

(b) the vessel was moved as soon as it was reasonably practicable to do so. 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3315

Variation of reg. 31—Restrictions in certain harbors 6. Regulation 31 of the principal regulations is varied by striking out subregulations (3) and (4).

Variation of reg. 32—Mooring and unmooring of vessels in certain harbors 7. Regulation 32 of the principal regulations is varied by inserting in subregulation (2)(c) "Royal" after "belonging to the".

Variation of reg. 58—Vessels to which crewing requirements apply: s. 37 8. Regulation 58 of the principal regulations is varied by striking out paragraph (b) and substituting the following paragraph:

(b) a fishing vessel that—

(i) is 7.5 metres or less in length; and

(ii) is only operated within smooth or partially smooth water; and

(iii) is only used for or in connection with the propagation or rearing of molluscs in marine waters.

Variation of reg. 64—Exemptions from s. 47(3) and (4) 9. Regulation 64 of the principal regulations is varied—

(a) by inserting before paragraph (a) of subregulation (1) the following paragraph:

(aa) the operation of a recreational vessel by a person who holds a temporary Boat Operator's Licence issued under this Part;;

(b) by inserting in subregulation (1)(a) "or a temporary Boat Operator's Licence" after "Licence".

Variation of reg. 73—Special permits for recreational vessels: s. 47(3) and (4) 10. Regulation 73 of the principal regulations is varied by inserting in subregulation (3)(b) "or a temporary Boat Operator's Licence" after "Licence".

Insertion of reg. 74A 11. The following regulation is inserted after regulation 74 of the principal regulations:

Issue of temporary Boat Operator's Licence 74A. (1) The CEO may issue a temporary Boat Operator's Licence to an applicant for a Boat Operator's Licence, pending full determination of the application, if satisfied that—

(a) the applicant resides at a place outside a radius of 40 kilometres from the General Post Office at Adelaide; and

(b) the application for a Boat Operator's Licence has been properly made in accordance with this Part; and

(c) the applicant satisfies the requirements specified in regulation 66(1) and the CEO is not aware of any reason for believing that the applicant is not a fit and proper person to hold a Boat Operator's Licence. 3316 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

(2) A temporary Boat Operator's Licence remains in force—

(a) for a period of 2 weeks; or

(b) until the application for a Boat Operator's Licence is determined,

whichever is the lesser period.

Variation of reg. 84—Periodic inspections 12. Regulation 84 of the principal regulations is varied by striking out from subregulation (1) "A hire" and substituting "Subject to this Division, a hire".

Variation of reg. 87—Certificate of inspection 13. Regulation 87 of the principal regulations is varied by striking out from subregulation (2) "A certificate" and substituting "Subject to regulation 87A, a certificate".

Insertion of reg. 87A 14. The following regulation is inserted in Division 3 of Part 8 of the principal regulations after regulation 87:

Extension of period for which certificate remains in force 87A. (1) The owner of a hire and drive houseboat in respect of which a certificate of inspection is in force may apply for an extension of the period for which the certificate remains in force.

(2) An application under this regulation—

(a) must be made to the CEO not less than five business days before the period for which the certificate remains in force is due to expire; and

(b) must conform to the requirements of the CEO about its form, contents and the manner in which it is made; and

(c) must be accompanied by the fee fixed by schedule 14.

(3) The CEO may require information provided in an application under this regulation to be verified by statutory declaration.

(4) On application under this regulation the CEO may, by notice in writing, extend the period for which a certificate of inspection is in force if the CEO—

(a) is of the opinion that it is impractical or would cause unreasonable expense or inconvenience to the owner of the boat to inspect it prior to the expiry of the period; and

(b) is not aware of any grounds for suspecting that the boat is unsound.

(5) The period for which a certificate of inspection remains in force may not be extended under this regulation by more than 3 months from the date on which the period would otherwise expire and no further extensions may be granted. 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3317

Variation of reg. 88—Licence and certificates of inspection to be displayed 15. Regulation 88 of the principal regulations is varied by inserting after subregulation (2) the following subregulation:

(3) If a notice is issued under Division 3 extending the period for which a certificate of inspection relating to a hire and drive houseboat remains in force, the owner of the boat must—

(a) during that period, keep the notice on the premises from which the boat is hired out and produce the notice, or a copy of the notice, when requested to do so by an authorised person or a hirer of the boat; and

(b) as soon as is reasonably practicable, place a copy of the notice on the boat and keep the copy on the boat for the remainder of the period.

Maximum penalty: $1 250. Expiation fee: $160.

Variation of reg. 89—Register books 16. Regulation 89 of the principal regulations is varied by striking out subparagraph (i) of subregulation (1)(f) and substituting the following subparagraph:

(i) Boat Operator's Licence or temporary Boat Operator's Licence; or.

Variation of reg. 97—Exemptions from s. 55 17. Regulation 97 of the principal regulations is varied—

(a) by striking out from subparagraphs (i) and (ii) of subregulation (1)(b) "trader's" (twice occurring) and substituting, in each case, "trade";

(b) by striking out subparagraph (iii) of subregulation (1)(b) and substituting the following subparagraph:

(iii) a pair of trade plates and a trade plate label issued by the CEO are affixed to the vessel in accordance with this Division.

Insertion of reg. 97A 18. The following regula tion is inserted after regulation 97 of the principal regulations:

Trade plates 97A. (1) An application for trade plates—

(a) must be made to the CEO; and

(b) must conform to the requirements of the CEO about its form, contents and the manner in which it is made; and

(c) must be accompanied by the fee fixed by schedule 14.

(2) On application under this regulation, the CEO may issue trade plates to a person if satisfied that the person is engaged in a business in which trade plates are reasonably required for one or more of the following purposes: 3318 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

(a) demonstration of a vessel to a prospective purchaser;

(b) testing of a vessel prior to delivery of the vessel to a purchaser of the vessel;

(c) testing of a vessel in the course of repairs or servicing or the making of alterations or additions to the vessel;

(d) demonstration of a vessel while the vessel is on display at a boating show or other similar event.

(3) Trade plates will be issued or reissued for a period of 12 months and may be subject to such conditions (if any) as the CEO thinks fit.

(4) The CEO must, on issuing trade plates to an applicant, also issue to the applicant—

(a) a certificate of issue of trade plates; and

(b) a trade plate label.

(5) A replacement of such a certificate or label must not be issued unless the original (or previous replacement) certificate or label is returned to the CEO or the CEO is satisfied that the certificate or label has been lost, stolen or destroyed.

(6) A replacement certificate or label will only be issued on payment of the fee fixed by schedule 14.

(7) Trade plates and a trade plate label issued under this regulation must be affixed to a vessel as follows:

(a) one plate must be securely fixed to the forepart of each side of the vessel; and

(b) the trade plate label must be affixed on to the trade plate that is on the starboard side of the vessel, aligned with that edge of the trade plate that is closest to the stern of the vessel; and

(c) the plates must be fixed to the vessel in such a manner that every figure and letter on the plate is clearly visible and legible up to a distance of at least 50 metres in clear weather conditions while the vessel is underway.

Insertion of reg. 115A 19. The following regulation is inserted after regulation 115 of the principal regulations:

Extension of period for which certificate remains in force 115A. (1) The owner of a commercial vessel in respect of which a certificate of survey is in force may apply for an extension of the period for which the certificate remains in force.

(2) An application under this regulation—

(a) must be made to the CEO not less than five business days before the period for which the certificate remains in force is due to expire; and 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3319

(b) must conform to the requirements of the CEO about its form, contents and the manner in which it is made; and

(c) must be accompanied by the fee fixed by schedule 14.

(3) The CEO may require information provided in an applic ation under this regulation to be verified by statutory declaration.

(4) On application under this regulation the CEO may, by notice in writing, extend the period for which a certificate of survey is in force if the CEO—

(a) is of the opinion that it is impractical or would cause unreasonable expense or inconvenience to the owner of the vessel to survey it prior to the expiry of the period; and

(b) is not aware of any grounds for suspecting that the vessel is unsound.

(5) The period for whic h a certificate of survey remains in force may not be extended under this regulation by more than 3 months from the date on which the period would otherwise expire and no further extensions may be granted.

(6) If a notice is issued under this regulation extending the period for which a certificate of survey relating to a vessel remains in force, the owner of the vessel must—

(a) during that period, keep the notice and produce the notice, or a copy of the notice, when requested to do so by an authorised person; and

(b) as soon as is reasonably practicable, display a copy of the notice on the vessel, with the certificate of survey, for the remainder of the period.

Maximum penalty: $1 250. Expiation fee: $160.

Variation of reg. 132—Life-jackets on certain recreational vessels 20. Regulation 132 of the principal regulations is varied by striking out paragraphs (a) and (b) and substituting the following paragraphs:

(a) a canoe, kayak or other similar small human powered vessel (other than a rowboat); or

(b) a mono-hulled sailing dinghy or a similar small multi-hulled sailing vessel; or

(c) a personal watercraft; or

(d) a tender vessel while it is being used in conjunction with another vessel and is 1500 metres or more from the shore,.

Variation of reg. 134—Excess persons on recreational vessel 21. Regulation 134 of the principal regulations is varied— 3320 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

(a) by striking out subregulation (1) and substituting the following subregulation:

(1) The operator of a recreational vessel must ensure that the number of persons carried on the vessel does not exceed—

(a) when the vessel is moored or operated in calm conditions—

(i) in the case of a vessel fitted by the manufacturer with a compliance plate stating the maximum number of persons that may be safely carried as determined in accordance with AS 1799.1—the number stated on that plate; or

(ii) in any other case—the maximum number of persons specified in schedule 11 in relation to a vessel of the relevant class;

(b) when the vessel is moored or operated in any other conditions—such lesser number of persons as can be carried safely in all the circumstances.

Maximum penalty: $1 250.;

(b) by striking out from subregulation (2) "at anchor" and substituting "moored";

(c) by inserting after subregulation (2) the following subregulation:

(3) In this regulation—

"calm conditions " means a force zero wind speed on the Beaufort Scale.

Variation of reg. 136—Radio watch 22. Regulation 136 of the principal regulations is varied by striking out from subregulation (3)(a) "at anchor" and substituting "moored".

Variation of reg. 140—Obligation of person being towed 23. Regulation 140 of the principal regulations is varied by inserting after its present contents the following penalty provision:

Maximum penalty: $750 Expiation fee: $105.

Variation of reg. 141—Obligation of operator of vessel towing a person 24. Regulation 141 of the principal regulations is varied—

(a) by striking out paragraph (c) and the penalty provision at the foot of the regulation and substituting the following:

Maximum penalty: $4 000 Expiation fee: $300.;

(b) by inserting after its present contents (now to be designated as subregulation (1)) the following subregulation: 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3321

(2) The operator of a vessel that has finished towing a person must, before returning to any area being used by more than one vessel for the purpose of commencing or finishing towing of a person, ensure that all apparatus used in connection with towing the person is back on board the vessel and is not trailing in the water or outside the vessel.

Maximum penalty: $4 000 Expiation fee: $300.

Variation of reg. 142—Operating another vessel too close to person being towed 25. Regulation 142 of the principal regulations is varied by striking out "50 metres" and substituting "100 metres".

Variation of reg. 150—Kingston Bridge 26. Regulation 150 of the principal regulations is varied—

(a) by striking out the penalty provision at the foot of subregulation (1);

(b) by striking out from subregulation (2) "only cause or allow the vessel to enter the navigation pass when it is open" and substituting "ensure that the vessel, when being navigated under the Kingston Bridge, is only operated within the navigation pass";

(c) by striking out from subregulation (3) "is open if it";

(d) by striking out subregulation (4).

Insertion of reg. 154A 27. The following regulation is inserted in the principal regulations after regulation 154:

Work involving flame or flash 154A. (1) A person must not do any work on a vessel by means of a device that produces a flame or flash exposed to the air unless—

(a) the work has been authorised in writing by the owner of the vessel or the owner's agent; and

(b) the work is carried out in a safe and professional manner; and

(c) no vessel is being refuelled within 10 metres of the vessel.

Maximum penalty: $750.

(2) If this regulation is contravened, the master or operator of the vessel on which the work was done is also guilty of an offence (but it is a defence for the master or operator to prove that he or she could not, by the exercise of reasonable diligence, have prevented the commission of the offence).

Maximum penalty: $750.

Substitution of reg. 160 28. Regulation 160 of the principal regulations is revoked and the following regulation is substituted: 3322 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

Minor accidents involving recreational vessels need not be reported: s. 75(1) 160. Section 75 of the Act does not apply in relation to an accident that only involves a recreational vessel or recreational vessels provided that—

(a) no personal injury resulting from the accident requires medical attention; and

(b) the total damage to property does not exceed $300.

Variation of Sched. 1 29. Schedule 1 of the principal regulations is varied by striking out the entry relating to Kangaroo Island in the list of partially smooth water limits and substituting the following:

Kangaroo Island The waters of Nepean Bay but not seaward of a line from Marsden Point to latitude 35°43.1˜ South and longitude 137°58˜ East.

The waters of Emu Bay but not seaward of a line from Cape D'estrainge to latitude 35°34˜ South and longitude 130°34.3˜ East. Variation of Sched. 4 30. Schedule 4 of the principal regulations is varied—

(a) by striking out from the table in clause 2 the entry relating to West Beach and substituting the following: West Beach Controls 4 and 6

(a) by striking out clause 4.

Variation of Sched. 8 31. Schedule 8 of the principal regulations is varied—

(a) by striking out from clause 5(4) "fire resistant" and substituting "low flame spread";

(b) by inserting in clause 9(g) ", or such greater number as the CEO may, in a particular case, direct," after "detectors".

Variation of Sched. 9 32. Schedule 9 of the principal regulations is varied—

(a) by striking out the heading to Part 1 and substituting the following heading:

PART 1 STRUCTURAL AND EQUIPMENT REQUIREMENTS FOR VESSELS NOT OTHERWISE SPECIFIED IN THIS SCHEDULE

(b) by striking out clause 1 and substituting the following clause:

Application of Part 1. This Part applies in relation to all vessels other than hire and drive houseboats and vessels to which Parts 2, 3 or 4 apply.;

(c) by inserting in clause 6(1)(a)(iii) "manually operated" after "or a";

(d) by inserting in clause 6(1)(a)(iv) "or includes facilities for cooking meals" after "engine"; 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3323

(e) by inserting in clause 6(1)(b)(iii) "manually operated" after "or a"; (f) by inserting in clause 6(1)(b)(vi) "or includes facilities for cooking meals" after "engine";

(g) by inserting in clause 6(1)(c)(iii) "manually operated" after "or a";

(h) by striking out subparagraph (vi) of clause 6(1)(c) and substituting the following subparagraph:

(vi) if the vessel has an engine or includes facilities for cooking meals—one fire extinguisher;;

(i) by striking out subparagraph (ix) of clause 6(1)(c) and substituting the following subparagraph:

(ix) one compass—

(A) from which it is possible to determine, with reasonable accuracy, the vessel's position and bearings; and

(B) that is fitted in a suitable position adjacent to the steering position and as far removed as practicable from articles of steel or iron or electrical equipment;;

(j) by inserting in clause 6(2)(a)(iii) "manually operated" after "one";

(k) by striking out subparagraph (v) of clause 6(2)(a) and substituting the following subparagraph:

(v) if the vessel has an engine or includes facilities for cooking meals—two fire extinguishers;;

(l) by inserting in clause 6(2)(b)(iii) "manually operated" after "one";

(m) by striking out subparagraph (vi) of clause 6(2)(b) and substituting the following subparagraph:

(vi) if the vessel has an engine or includes facilities for cooking meals—two fire extinguishers;;

(n) by inserting in clause 6(2)(c)(iv) "manually operated" after "one";

(o) by striking out subparagraph (vii) of clause 6(2)(c) and substituting the following subparagraph:

(vii) if the vessel has an engine or includes facilities for cooking meals—two fire extinguishers;;

(p) by striking out subparagraph (x) of clause 6(2)(c) and substituting the following subparagraph:

(x) one compass—

(A) from which it is possible to determine, with reasonable accuracy, the vessel's position and bearings; and

(B) that is fitted in a suitable position adjacent to the steering position and as far removed as practicable from articles of steel or iron or electrical equipment;;

(q) by striking out from clause 7(3) "sailboard or other similar small unpowered" and substituting "rowboat or other similar small human powered";

(r) by inserting after subclause (3) of clause 7 the following subclause: 3324 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

(3a) A mono-hulled sailing dinghy or a similar small multi-hulled sailing vessel may, whilst in protected or semi- protected waters, instead of being equipped as required by the previous clause, be equipped with the following:

(a) a life-jacket or personal flotation device for each person who may be carried on the vessel;

(b) unless the vessel is constructed of permanently enclosed pontoon hulls, a bailer or other suitable device for removing water;

(c) if the vessel is operated at night a waterproof torch or lantern.;

(s) by striking out subclause (5) of clause 7 and substituting the following subclause:

(5) A tender vessel, while it is being used in conjunction with another vessel, may, instead of being equipped as required by the previous clause, be equipped with the following:

(a) one pair of paddles or oars or other means of auxiliary propulsion;

(b) one bailing bucket with line attached or a manually operated bilge pump;

(c) if the vessel is 1 500 metres or more from the shoreline—a life-jacket or personal flotation device for each person who may be carried on the vessel.;

(t) by striking out from clause 13(b) "International Code Flags NC or";

(u) by striking out from clause 13(e) "lights,";

(v) by inserting after paragraph (e) of clause 13 the following paragraph:

(ea) if the vessel is operated at night or is over 7.5 metres in length—navigation lights to comply with section 17 of the Code;.

Variation of Sched. 11 33. Schedule 11 of the principal regulations is varied—

(a) by striking out from the heading to the Schedule "Carried in Smooth Water";

(b) by striking out from the body of the Schedule "in smooth water".

Variation of Sched. 14 34. Schedule 14 of the principal regulations is varied—

(a) by inserting after item 15 in the list of fees relating to Part 8 contained in clause 3 the following item:

15A. For extension of period for which certificate of inspection remains in force...... $3.30 per metre;

(b) by striking out from item 32(a) in clause 3 "$25.75 per metre" and substituting "$12.45 per metre";

(c) by striking out from item 32(b) in clause 3 "$26.75 per metre" and substituting "$6.80 per metre".

DTRN 4883/2000 CS DTRN 3994/2000 CS R. DENNIS Clerk of the Council 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3325

REGULATIONS UNDER THE WORKERS REHABILITATION AND COMPENSATION ACT 1986 No. 268 of 2000 At the Executive Council Office at Adelaide 23 November 2000

PURSUANT to the Workers Rehabilitation and Compensation Act 1986 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.

MICHAEL ARMITAGE Minister for Government Enterprises SUMMARY OF PROVISIONS

1. Citation 2. Commencement 3. Substitution of Sched. 2 SCHEDULE 2 Citation 1. The Workers Rehabilitation and Compensation (Claims and Registration) Regulations 1999 (see Gazette 25 November 1999 p. 2764), as varied, are referred to in these regulations as "the principal regulations".

Commencement 2. These regulations will come into operation on 1 January 2001.

Substitution of Sched. 2 3. Schedule 2 of the principal regulations is revoked and the following Schedule is substituted: 3326 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

SCHEDULE 2 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3327

MGE 00/078 CS R. DENNIS Clerk of the Council 3328 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

REGULATIONS UNDER THE SUMMARY OFFENCES ACT 1953 No. 269 of 2000 At the Executive Council Office at Adelaide 23 November 2000

PURSUANT to the Summary Offences Act 1953 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.

K. T. GRIFFIN Attorney-General SUMMARY OF PROVISIONS PART 1 PRELIMINARY

1. Citation 2. Commencement 3. Revocation 4. Interpretation

PART 2 DANGEROUS ARTICLES AND PROHIBITED WEAPONS

5. Declaration of dangerous articles 6. Declaration of prohibited weapons

PART 3 EXEMPTIONS

7. Exempt persons

PART 4 MISCELLANEOUS

8. Application fee

SCHEDULE 1 Dangerous Articles

SCHEDULE 2 Prohibited Weapons

SCHEDULE 3 Exemptions 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3329

PART 1 PRELIMINARY

Citation 1. These regulations may be cited as the Summary Offences (Dangerous Articles and Prohibited Weapons) Regulations 2000.

Commencement 2. These regulations will come into operation on 17 December 2000.

Revocation 3. The Summary Offences (Dangerous Articles) Regulations 1988 (see Gazette 16.6.88 p. 1937) are revoked.

Interpretation 4. (1) In these regulations—

"the Act" means the Summary Offences Act 1953;

"number" in relation to the identification of a weapon means an identifying mark comprised of either numbers or letters or a combination of both numbers and letters.

(2) A term comprising the heading to a clause of Schedule 1 or 2 means the article or thing or articles or things described in that clause.

(3) Where an article would, but for this subregulation, be declared by these regulations to be both a dangerous article and a prohibited weapon, it will be taken, unless the contrary intention appears, to be declared to be a prohibited weapon and not a dangerous article.

(4) A reference in these regulations to the place of residence of a person will be taken, in the case of a body corporate, to be a reference to the registered office of the body corporate.

PART 2 DANGEROUS ARTICLES AND PROHIBITED WEAPONS

Declaration of dangerous articles 5. The articles set out in Schedule 1 are declared to be dangerous articles for the purposes of section 15 of the Act.

Declaration of prohibited weapons 6 The articles set out in Schedule 2 are declared to be prohibited weapons for the purposes of section 15 of the Act. 3330 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

PART 3 EXEMPTIONS

Exempt persons 7 (1) The persons expressed in Schedule 3 to be exempt from one or more of the provisions of section 15(1c) of the Act are, to that extent, declared to be exempt persons for the purposes of section 15(1e) of the Act.

(2) With the exception of clauses 1, 2 and 3 of Schedule 3, that schedule does not apply to a person who has been found guilty by a court of an offence involving violence for which the maximum term of imprisonment is 5 years or more or an equivalent offence involving violence under the law of another State or Territory of the Commonwealth or of another country.

(3) Where—

(a) a person is expressed to be exempt in Schedule 3 from one or more of the provisions of section 15(1c) of the Act in relation to a prohibited weapon of a particular class described in Schedule 2; and

(b) the weapon is included in one or more of the other classes described in that schedule, the person is an exempt person in relation to that weapon in relation to those provisions of section 15(1c) even though he or she is not an exempt person in relation to weapons of the other class or classes referred to in paragraph (b).

(4) If—

(a) a person is an exempt person in relation to a weapon under a clause of Schedule 3 (other than clause 1, 2 or 3); and

(b) he or she is found guilty by a court of using the weapon to threaten or injure another person, he or she—

(c) ceases to be an exempt person in relation to that or any other weapon under that clause; and

(d) can never again become an exempt person under that clause. 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3331

PART 4 MISCELLANEOUS

Application fee 8. (1) The fee of $30 is prescribed for an application to the Minister, or the Minister's delegate, for an exempt person declaration under section 15(2b)(a) of the Act.

(2) The Minister, or the Minister's delegate, may refund the whole or part of the fee if—

(a) in his or her opinion, the weapon concerned is not a prohibited weapon; or

(b) in his or her opinion, the applicant is an exempt person under section 15(2a) of the Act or is an exempt person under section 15(2b) of the Act by being declared by regulation to be an exempt person or by being a member of a class that has been declared by regulation to be an exempted class; or

(c) the application is refused. 3332 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

SCHEDULE 1 Dangerous Articles

Anti-theft case 1. A case, satchel or similar article designed or adapted to administer an electric shock to a person who handles or interferes with the case, satchel or article or its contents.

Bayonet 2. A weapon designed or adapted to be used solely or predominantly as a bayonet.

Blow gun 3. A blow-pipe or similar device or instrument designed or adapted to propel an arrow, dart or similar projectile by air expelled from the mouth.

Catapult etc. 4. A catapult, shanghai or slingshot made for commercial distribution (but not a catapult, shanghai or slingshot of a class declared to be a prohibited weapon).

Dart projector 5. A device designed or adapted to propel a dart by means of elastic material (including a Darchery Dart Slinger).

Self-protecting spray 6. A device or instrument designed or adapted as a weapon to emit or discharge an offensive, noxious or irritant liquid, powder, gas or chemical that is capable of immobilising, incapacitating or injuring another person either temporarily or permanently.

Self-protection device 7. A hand held device or instrument designed or adapted to emit or discharge—

(a) an electric current; or

(b) sound waves; or

(c) any electromagnetic energy, that is capable of immobilising, incapacitating or injuring another person either temporarily or permanently.

Shark dart 8. A device designed or adapted to kill or injure an animal by injecting a gas or other substance into the body of the animal (including a Farallon Shark Dart). 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3333

SCHEDULE 2 Prohibited Weapons

PART 1 Prohibited Weapons

Ballistic knife 1. A device or instrument designed or adapted to fire or discharge a knife, dagger or similar instrument by mechanical, percussive or explosive means (but not a dart projector).

Catapult etc. 2. A catapult, shanghai or slingshot (including a Saunders Falcon Hunting Sling), whether made for commercial distribution or not, that includes, or is designed or adapted to be used with, a brace—

(a) that fits or rests on the forearm or any other part of the body; and

(b) the purpose of which is to support the wrist or forearm when using the device.

Chloroacetophenone 3. Chloroacetophenone (known as CN) in all its forms.

Concealed weapon 4. An article that appears to be harmless but that conceals a knife, spike or other weapon.

Dypenylaminechloroarsone 5. Dypenylaminechloroarsone (known as DM or adamsite) in all its forms.

Extendable baton 6. A baton designed or adapted for use as a weapon that can be extended in length by gravity or centrifugal force or by a release button or other device.

Fighting knife 7. An article that is—

(a) a butterfly knife; or

(b) a dagger; or

(c) a flick knife; or

(d) a push knife; or

(e) a trench knife; or

(f) any other kind of knife, that is designed or adapted for hand to hand fighting, but does not include a bayonet or a sword.

Hand or foot claws 8. An article designed or adapted as a weapon consisting of prongs or other projections worn on the hands or feet (including martial arts weapons known as ninja hand claws, ninja foot claws or ninja claws).

Knife belt 9. A belt or similar article designed or adapted to hold a knife, dagger or similar instrument so that its presence is concealed or disguised when the belt or similar article is worn (including a Bowen Knife Belt). 3334 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

Knuckle duster 10. A device or instrument (including a weighted or studded glove) designed or adapted to be worn across the knuckles of a hand so as to—

(a) increase the force or impact of a punch or blow when striking another with that hand; and

(b) protect the knuckles from injury, but does not include a boxing glove.

Morning star 11. An article designed or adapted as a weapon consisting of a weight (whether with or without spikes or blades) attached to a chain, rope or a length of other flexible material.

Nunchakus 12. A nunchaku or similar device consisting of two or more bars joined by a chain, rope or other flexible material so that the bars can swing independently of each other.

Orthochlorobenzalmalononitrile 13. Orthochlorobenzalmalononitrile (known as CS) in all its forms.

Pistol Cross-Bow 14. A cross-bow designed or adapted for aiming and discharging an arrow, dart, bolt or similar projectile when held in one hand.

Star knife 15. A device capable of causing serious injury that consists of a number of points, blades or spikes pointing outwardly from a central axis and is designed to spin around that axis when thrown.

Throwing knife 16. A knife that is designed or adapted to be thrown and is capable of causing serious injury when thrown.

Undetectable knife 17. A knife—

(a) that is made wholly or partly of a material that prevents the knife from being detected (or being detected as a knife) by either a metal detector or by a method using X-rays; and

(b) that is capable of causing serious injury or death. 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3335

PART 2 Definitions

Definitions 18. In this schedule—

"butterfly knife" means an article comprising a blade or spike and a handle if—

(a) the handle is in two sections which fold so as to wholly or partially cover the blade or spike when the article is not in use; and

(b) the blade or spike can be exposed by gravity or centrifugal force;

"dagger" means a sharp, pointed stabbing weapon, ordinarily capable of being concealed on the person and having—

(a) a flat blade with cutting edges on both sides; or

(b) a needle-like blade that has a round or elliptical cross section or that has three or more sides, but does not include a bayonet or a sword;

"flick-knife" means a knife designed or adapted so that—

(a) the blade—

(i) is concealed when folded or recessed into the handle; and

(ii) springs or is released into the extended position by the operation of a button or other device on the handle; or

(b) the blade is wholly or partially concealed by a sheath which can be withdrawn into the handle of the knife by gravity, centrifugal force or by the operation of a button or other device;

"push knife" means a blade or spike with a transverse handle that is designed or adapted—

(a) to be held between the fingers or the forefinger and thumb with the handle supported by the palm of the hand; and

(b) to inflict injury by a punching or pushing movement, and includes an Urban Pal Knife;

"trench knife" means a blade or spike attached to one end of a handle that is designed or adapted to be held in the closed fist with the fingers through the handle which serves as a knuckle duster (see clause 10). 3336 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

SCHEDULE 3 Exemptions [Note: Exemptions are also provided by section 15(2a) of the Summary Offences Act 1953]

Delivery of weapon to South Australia Police 1. A person who has possession of a prohibited weapon for the purpose of delivering it as soon as reasonably practicable to a member of South Australia Police is exempt from the offence of possession of the weapon under section 15(1c)(b) of the Act while he or she has possession of it for that purpose.

Possession of prohibited weapon in emergencies 2. A person who has possession of a prohibited weapon for the purpose, and in the course, of dealing with an emergency (whether as a volunteer or in the course of paid employment) is exempt from the offences of possession and use of the weapon under section 15(1c)(b) of the Act if the weapon is not used to threaten or injure another person.

Possession as an executor etc. 3. A person who has possession of a prohibited weapon—

(a) on behalf of the estate of a deceased person; or

(b) on behalf of a person who is legally incompetent; or

(c) on behalf of the estate of a bankrupt; or

(d) as receiver or liquidator of a body corporate, is exempt from—

(e) the offence of possession of the weapon under section 15(1c)(b) of the Act; and

(f) the offences of selling and supplying the weapon under section 15(1c)(a) of the Act in pursuance of his or her duties—

(i) as the legal representative of the deceased estate or the incompetent person; or

(ii) under the Bankruptcy Act 1966 of the Commonwealth; or

(iii) as the receiver or liquidator of the body corporate,

if he or she sells or supplies the weapon to a person who is entitled under section 15 of the Act to have possession of it.

Undetectable knives used in food preparation 4. A person who has possession of an undetectable knife is exempt from the offences of possession and use of the knife under section 15(1c)(b) of the Act if he or she has possession of the knife and uses it only for the preparation of food for human consumption.

Lodges of Freemasons etc. 5. The Antient Free And Accepted Masons Of South Australia and the Northern Territory Incorporated and all Lodges and Orders of Freemasons warranted and recognised by that association and the Lodge of Freemasons named "The Duke of Leinster Lodge" are exempt from the offences of possession and use of a poniard under section 15(1c)(b) of the Act if—

(a) the poniard is kept at the premises of the association, Lodge or Order concerned in a safe and secure manner and is not removed from the premises except for the purpose of—

(i) repair or restoration by a person who carries on a business that includes the repair or restoration of articles of that kind; or 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3337

(ii) valuation by a person who carries on a business that includes valuing articles of that kind; or

(iii) permanently transferring possession of the poniard to another person (being a person who is entitled under section 15 of the Act to have possession of it) or to a member of South Australia Police; and

(b) the poniard is only used at the premises of the association, Lodge or Order concerned for traditional ceremonial purposes.

Members of Scottish associations 6. A person who is a member of—

(a) an incorporated association; or

(b) a society, body or other group (whether corporate or unincorporate) that is affiliated with an incorporated association referred to in paragraph (a), is, if the sole purpose, or one of the principal purposes, of the association (and, where paragraph (b) applies, of the society, body or other group that is affiliated with the association as well) is to—

(c) foster and preserve Scottish culture; or

(d) play or sing Scottish music, exempt from the offence of possession of a dirk or sgian dhu (alternative spelling "skean dhu") under section 15(1c)(b) of the Act and, in the case of a dirk, the offence of use of the dirk under that section if—

(e) he or she has possession of all of the clothes and other accoutrements traditionally worn with the dirk or sgian dhu (or, if the dirk or sgian dhu is traditionally worn with different clothes on different occasions, he or she has possession of the clothes and accoutrements for at least one of those occasions); and

(f) he or she has possession of the dirk or sgian dhu solely for the purpose of wearing it with that clothing and, in the case of a dirk, for the purpose of using it in traditional Scottish ceremonies; and

(g) in the case of a dirk, he or she only uses the dirk for the purposes of traditional Scottish ceremonies; and

(h) he or she keeps the dirk or sgian dhu in a safe and secure manner at his or her place of residence and does not remove it except—

(i) for the purpose of wearing it with that clothing; or

(ii) for the purpose of lending it to a person who is entitled under section 15 of the Act to have possession of it; or

(iii) for the purpose of permanently transferring possession of the dirk or sgian dhu to another person (being a person who is entitled under section 15 of the Act to have possession of it) or to a member of South Australia Police.

Heirlooms 7. A person who has possession of a prohibited weapon that is of sentimental value to him or her as an heirloom and that was previously in the possession of one or more of his or her relatives is exempt from the offence of possession of the weapon under section 15(1c)(b) of the Act if—

(a) he or she keeps the weapon in a safe and secure manner at his or her place of residence; and 3338 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

(b) the weapon is not removed from his or her place of residence except for the purpose of—

(i) display by a person who is entitled under section 15 of the Act to have possession of it for that purpose; or

(ii) repair or restoration by a person who carries on a business that includes the repair or restoration of articles of that kind; or

(iii) valuation by a person who carries on a business that includes the valuing of articles of that kind; or

(iv) secure storage by a person who carries on the business of storing valuable property on behalf of other persons; or

(v) permanently transferring possession of the weapon to another person (being a person who is entitled under section 15 of the Act to have possession of it) or to a member of South Australia Police.

Collectors 8. A person who has possession of a prohibited weapon as part of a collection of weapons or other artefacts or memorabilia that—

(a) has a particular theme; or

(b) the person maintains for its historical interest or as an investment, is exempt from the offence of possession of the weapon under section 15(1c)(b) of the Act and from the offences of selling and supplying the weapon (in the normal course of maintaining such a collection) under section 15(1c)(a) of the Act to a person who is entitled under that section to have possession of it if—

(c) the collection includes at least three weapons (whether prohibited weapons or not); and

(d) he or she keeps the following records in a legible manner in a bound book at his or her place of residence for a period that expires at the end of five years after he or she ceases to be in possession of the collection:

(i) a record describing and identifying the weapon; and

(ii) a record of the date of each occasion on which he or she obtains or re-obtains possession of the weapon and the identity and address of the person from whom he or she obtains or re-obtains possession; and

(iii) the date of each occasion on which he or she parts with possession of the weapon to another person and the identity and address of that person; and

(e) the exempt person keeps the weapon in a safe and secure manner at his or her place of residence and does not remove it except for the purpose of—

(i) display by a person who is entitled under section 15 of the Act to have possession of it for that purpose; or

(ii) repair or restoration by a person who carries on a business that includes the repair or restoration of articles of that kind; or

(iii) valuation by a person who carries on a business that includes the valuing of articles of that kind; or 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3339

(iv) repair, restoration or valuation—

(A) by another collector who is exempt from the offence of possession of prohibited weapons under this clause; or

(B) by a person who is exempt from the offence of possession of a prohibited weapon under clause 14; or

(v) secure storage by a person who carries on the business of storing valuable property on behalf of other persons; or

(vi) storage by another collector who is exempt from the offence of possession of prohibited weapons under this clause; or

(vii) returning it to another collector or an exempted body referred to in clause 10 on whose behalf he or she has repaired, restored, valued or stored the weapon;

(viii) taking it to a meeting but only if the majority of persons at the meeting are collectors who are exempt from the offence of possession of prohibited weapons under this clause; or

(ix) selling or supplying the weapon in the normal course of maintaining the collection; and

(f) he or she permits members of South Australia Police at any reasonable time to enter his or her residential premises to inspect the collection and the records kept under paragraph (d).

Possession by collector on behalf of another collector 9. A person who is exempt from the offence of possession of prohibited weapons under clause 8 ("the first collector") is exempt from the offence under section 15(1c)(b) of the Act of the possession of a prohibited weapon that is owned by another collector ("the second collector") if—

(a) the second collector is exempt from the offence of possession of that weapon under clause 8; and

(b) the first collector has possession of the weapon only for the purpose of repairing or restoring the weapon or valuing or storing it on behalf of the second collector,

(clause 8 applies to the first collector in relation to the weapon while it is in his or her possession as though it were part of his or her collection).

Returned and Services League of Australia etc. 10. If—

(a) the Returned and Services League of Australia (South Australian Branch) Inc or any of its sub-branches; or

(b) an association or other body (whether corporate or unincorporate) that is a member of the Consultative Council of Ex-Service Organisations (S.A.),

("the exempted body") has possession of a prohibited weapon of a kind acquired or used by one of its members (or by a person that it represents) while on active war service as a member of Australia's armed forces, the exempted body is exempt from the offence of possession of the weapon under section 15(1c)(b) of the Act and from the offences of selling and supplying the weapon (in the normal course of maintaining a collection) under section 15(1c)(a) of the Act to a person who is entitled under that section to have possession of it if—

(c) the exempted body keeps the following records in a legible manner in a bound book at its premises for a period that expires at the end of five years after it last ceased to be in possession of the weapon:

(i) a record describing and identifying the weapon; and 3340 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

(ii) a record of the date of each occasion on which the exempted body obtains or re-obtains possession of the weapon and the identity and address of the person from whom the exempted body obtains or re-obtains possession; and

(iii) the date of each occasion on which the exempted body parts with possession of the weapon to another person and the identity and address of that person; and

(d) the weapon is kept by the exempted body in a safe and secure manner at its premises; and

(e) the weapon is not removed from the premises except for the purpose of—

(i) display by a person who is entitled under section 15 of the Act to have possession of it for that purpose; or

(ii) repair or restoration by a person who carries on a business that includes the repair or restoration of articles of that kind; or

(iii) valuation by a person who carries on a business that includes the valuing of articles of that kind; or

(iv) repair, restoration or valuation—

(A) by a collector who is exempt from the offence of possession of prohibited weapons under clause 8; or

(B) by a person who is exempt from the offence of possession of a prohibited weapon under clause 14; or

(v) secure storage by a person who carries on the business of storing valuable property on behalf of other persons; or

(vi) selling or supplying the weapon in the normal course of maintaining a collection; and

(f) the exempted body permits members of South Australia Police at any reasonable time to enter the premises of the exempted body to inspect the weapon and the records kept under paragraph (c).

Possession by collector on behalf of exempted body 11. A person who is exempt from the offence of possession of prohibited weapons under clause 8 ("the collector") is exempt from the offence under section 15(1c)(b) of the Act of the possession of a prohibited weapon that is owned by an exempted body referred to in clause 10 if—

(a) the exempted body is exempt from the offence of possession of that weapon under clause 10; and

(b) the collector has possession of the weapon only for the purpose of repairing, restoring or valuing it on behalf of the exempted body,

(clause 8 applies to the collector in relation to the weapon while it is in his or her possession as though it were part of his or her collection).

Persons licensed to carry on the business of protecting or guarding property 12. A person who—

(a) is authorised by a licence granted under the Security and Investigation Agents Act 1995 to carry on the business of protecting or guarding property as a security agent; and 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3341

(b) is the holder of a firearms licence under the Firearms Act 1977 authorising the possession and use of a handgun in the course of carrying on the business of guarding property, is exempt from the offences of possession and use of an extendable baton under section 15(1c)(b) of the Act in the normal course of that business if—

(c) the baton can only be extended by gravity or centrifugal force; and

(d) the baton is kept in a safe and secure manner at the exempt person's business premises when not being used; and

(e) the baton is marked with a number for identification and with the name of the exempt person in a manner that ensures that the number and name cannot be removed easily and will not wear off in the normal course of use of the baton; and

(f) the exempt person does not issue the baton to a person unless—

(i) the person is employed by the exempt person in his or her business of protecting or guarding property; and

(ii) the person to whom the baton is issued is an exempt person in relation to the baton under clause 13; and

(g) where the exempt person is a natural person, he or she has completed a course of instruction approved by the Commissioner of Police in the proper use of extendable batons and has been awarded a certificate of competency by the person conducting the course; and

(h) where the exempt person is a natural person, he or she does not carry the baton when he or she is engaged in crowd control; and

(i) the exempt person keeps the following records in a legible manner (and in a form that is reasonably accessible to members of South Australia Police inspecting the records under paragraph (j)) at his or her business premises for a period of at least five years:

(i) the make and model of the baton and the identifying number marked on the baton under paragraph (e); and

(ii) the date and time of every issue of the baton to an employee, the identification number of the baton, the identity of the employee to whom the baton is issued and the date and time when the baton is returned by the employee; and

(iii) the date or dates (if any) on which a person to whom the baton has been issued uses the baton (as opposed to carrying the baton) in the course of his or her duties and the reason for that use of the baton; and

(j) the exempt person permits members of South Australia Police at any reasonable time to enter his or her business premises to—

(i) inspect the baton; or

(ii) inspect the manner in which the baton is kept; or

(iii) inspect the records kept under paragraph (i).

Persons employed in the business of protecting or guarding property 13. A person—

(a) who is employed to protect or guard property by a person who carries on the business of protecting or guarding property; and

(b) who is authorised by a licence granted under the Security and Investigation Agents Act 1995 to protect or guard property as a security agent; and 3342 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

(c) who is the holder of a firearms licence under the Firearms Act 1977 authorising the possession and use of a handgun in the course of employment by a person who carries on the business of guarding property; and

(d) whose duties of employment in protecting or guarding property reasonably require the possession of an extendable baton; and

(e) who has completed a course of instruction approved by the Commissioner of Police in the proper use of extendable batons and has been awarded a certificate of competency by the person conducting the course, is exempt from the offences of possession and use of an extendable baton under section 15(1c)(b) of the Act in the course of his or her employment in protecting or guarding property if—

(f) the baton can only be extended by gravity or centrifugal force; and

(g) the exempt person has not been found guilty by a court of an offence involving the illegal possession or use of an extendable baton, a firearm or any other weapon; and

(h) the exempt person does not carry the baton when he or she is engaged in crowd control; and

(i) as soon as reasonably practicable after the exempt person uses the baton (as opposed to carrying the baton) in the course of his or her duties, he or she provides his or her employer with a written report setting out the date on which, and the reasons why, he or she used the baton.

Manufacturers etc. 14. A person who—

(a) manufactures, sells, distributes, supplies or otherwise deals in prohibited weapons; and

(b) has not been found guilty by a court of an offence involving the use, or the threat of using, a weapon, is exempt from the offences of manufacturing, selling, distributing, supplying or otherwise dealing in, possession and use of prohibited weapons under section 15(1c) of the Act if—

(c) the exempt person has notified the Commissioner of Police in writing that he or she is, or intends, manufacturing, selling, distributing, supplying or otherwise dealing in prohibited weapons and of—

(i) the full name of the exempt person; and

(ii) the address of the place or places at which he or she is, or intends, conducting those activities; and

(iii) where the exempt person is a natural person—his or her residential address; and

(iv) where the exempt person is a body corporate—

(A) the address of its registered office; and

(B) the full name and residential address of each of its directors; and

(d) the person only possesses and uses the weapons to the extent reasonably necessary for the purpose of manufacturing, selling, distributing, supplying or otherwise dealing in the weapons (as the case requires);

(e) the weapons are kept in a safe and secure manner; and

(f) in the case of the sale, distribution or supply of, or other dealing in, a prohibited weapon, the weapon is not sold, distributed or supplied to, or dealt in with, a person who is under the age of 18 years; and 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3343

(g) a prohibited weapon is not displayed, advertised or promoted by the exempt person in a manner that suggests it can be used to kill or injure a person; and

(h) in the case of the manufacture of prohibited weapons, each weapon manufactured is marked with an identifying brand and number in a manner that ensures that the brand and number cannot be removed easily and will not wear off in the normal course of use of the weapon; and

(i) the exempt person keeps the following records in a legible manner (and in a form that is reasonably accessible to members of South Australia Police inspecting the records under paragraph (i)) at his or her business premises for a period of at least five years:

(i) a description of each prohibited weapon that is, or has been, in his or her possession; and

(ii) the identifying brand and number (if any) that is marked on each of those weapons; and

(iii) the name and address of the person to whom he or she sells, distributes, supplies or otherwise deals in, each of those weapons; and

(iv) the date of each transaction; and

(j) the exempt person permits members of South Australia Police at any reasonable time to enter his or her premises or a vehicle in which prohibited weapons are carried to inspect the premises or vehicle, the weapons on the premises or in the vehicle or records kept by the exempt person under paragraph (i); and

(k) the exempt person notifies the Commissioner of Police in writing of a change in any of the information referred to in paragraph (c) within seven days after the change occurs.

Possession by manufacturer etc. on behalf of collector or exempted body 15. A person who is exempt from the offence of possession of prohibited weapons under clause 14 is exempt from the offence under section 15(1c)(b) of the Act of the possession of a prohibited weapon that is owned by a collector or an exempted body referred to in clause 10 if—

(a) the collector is exempt from the offence of possession of that weapon under clause 8 or the exempted body is exempt from the offence of possession of that weapon under clause 10; and

(b) the person has possession of the weapon only for the purpose of repairing or restoring the weapon or valuing it on behalf of the collector or exempted body; and

(c) the person keeps the weapon in a safe and secure manner.

AG 34/98 CS R. DENNIS Clerk of the Council 3344 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

REGULATIONS UNDER THE ELECTRICITY ACT 1996 No. 270 of 2000 At the Executive Council Office at Adelaide 23 November 2000

PURSUANT to the Electricity Act 1996 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.

ROB LUCAS Treasurer SUMMARY OF PROVISIONS 1. Citation 2. Commencement 3. Variation of reg. 5B—Customers of a prescribed class 4. Insertion of reg. 5E 5E. Functions of Electricity Supply Industry Planning Council

Citation 1. The Electricity (General) Regulations 1997 (see Gazette 26 June 1997 p. 3144), 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. 5B—Customers of a prescribed class 3. Regulation 5B of the principal regulations is varied by striking out from subregulation (2) "35D(1)(a)" and substituting "35B(1)(a)".

Insertion of reg. 5E 4. The following regulation is inserted after regulation 5D of the principal regulations:

Functions of Electricity Supply Industry Planning Council 5E. Pursuant to section 6E of the Act, the Electricity Supply Industry Planning Council has the following functions:

(a) to monitor and investigate major interruptions to the electricity supply in this State and to advise the Minister in respect of—

(i) the causes or likely causes of such interruptions;

(ii) the nature and extent of such interruptions;

(iii) the actual and likely effects and duration of such interruptions; 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3345

(iv) the steps taken by electricity entities and others to manage such interruptions and to restore and maintain electricity supply;

(v) the adequacy, appropriateness and timeliness of those steps; (vi) the action that should be taken by electricity entities and others to minimise the likelihood of future such interruptions;

(vii) any other matter relating to such interruptions that the Planning Council considers appropriate;

(b) if an officer or employee of the Planning Council is nominated as a person responsible for fulfilling obligations under a protocol agreed by the jurisdictions participating in the National Electricity Market (ie the market regulated by the National Electricity Law) relating to the use of emergency powers that may affect the operation of that market—to facilitate the fulfilment of those obligations.

T&F00/106CS R. DENNIS Clerk of the Council 3346 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000 FAXING COPY? IF you fax copy to Riverside 2000, for inclusion in the Government Gazette, there is no need to send a Confirmation Copy to us as well. This creates confusion and may well result in your notice being printed twice.

Please use the following fax number: Fax transmission: (08) 8207 1040 Phone Inquiries: (08) 8207 1045 Please include a contact person, phone number and order number so that we can phone back with any queries we may have regarding the fax copy. NOTE: Closing time for lodging new copy (either fax or hard copy) is 4 p.m. on Tuesday preceding the day of publication.

Government Gazette notices can be E-mailed.

The address is: [email protected] Documents should be sent as attachments in Word format. When sending a document via E-mail, please confirm your transmission with a faxed copy of your document, including the date the notice is to be published. Fax transmission: (08) 8207 1040 Enquiries: (08) 8207 1045 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3347

CITY OF PORT AUGUSTA • new carparking standards be introduced to give more Temporary Road Closures flexibility especially to bulky goods retailing; NOTICE is hereby given that having regard to a decision of • new principles will apply to older centres; council made on 13 November 2000, the following traffic • new maps showing zone changes. arrangements will apply on Friday, 1 December 2000, to enable Copies of the Plan are available for inspection or purchase the Rotary Club of Port Augusta to hold the Annual Christmas from the Whyalla City Council, Darling Terrace, Whyalla, both Pageant. Civic and Alex Ramsay Libraries during normal hours and on Pursuant to section 359 of the Local Government Act 1934, as council’s website. amended, the council hereby resolves to temporarily close and to Submissions will be received for a two month period expiring exclude motor vehicles generally from Commercial Road and on Monday, 29 January 2001 at 5 p.m. Gibson Street between the hours of 3.30 p.m. and 9.30 p.m. and Flinders Terrace between 6.30 p.m. and 7.30 p.m. on Friday, 1 Submissions will be available for inspection by any interested December 2000, to allow for a Mardi-gras style parade. person at the Council Offices until the conclusion of the public hearing, which has been set down for Tuesday, 30 January 2001 The following streets and roads will be closed to all vehicular at 5 p.m. in the Council Chamber, Darling Terrace, Whyalla, at traffic from 3.30 p.m. until 9.30 p.m.on Friday, 1 December which interested persons may be heard in relation to the PAR and 2000: submissions received. Commercial Road—intersection of Flinders Terrace and Further inquiries should be directed to Michele Schoell, Commercial Road; intersection of Church and Jervois Streets; telephone (08) 8640 3447. intersection of Chapel and Mackay Streets and intersection of Commercial Road and Tassie Street. D. KNOX, City Manager Gibson Street—from El Alemein Road to Flinders Terrace. The following streets and roads will be closed to all vehicular THE BAROSSA COUNCIL traffic from 6.30 p.m. until 7.30 p.m. whilst the Christmas Temporary Street Closure Pageant is in progress: NOTICE is hereby given that pursuant to the provisions of Flinders Terrace—between Commercial Road and Gibson section 359 of the Local Government Act 1934, as amended, Street. The Barossa Council resolves that Murray Street, Tanunda from The following roads will be temporarily closed to all vehicular Fiedler Street to Sobels Street will be closed to all vehicles, except traffic for the Mayoral Public Christmas Party which will be held emergency vehicles and authorised service vehicles, between at Gladstone Square following the Christmas Pageant on Friday, 1 5 p.m. and 10 p.m. on Friday, 1 December 2000 for the December 2000. Christmas Parade. The following streets and roads will be closed to all vehicular J. G. JONES, Chief Executive Officer traffic from 7.30 a.m. until 11.30 p.m. for the Mayoral Public Christmas Party: DISTRICT COUNCIL OF CEDUNA Beauchamp Lane—intersection of Mackay and Jervois Streets. Roads (Opening and Closing) Act 1991 Mackay Street—southern half of roadway will be closed NOTICE is hereby given pursuant to section 10 of the Roads between the intersections of Marryatt Street and Commercial (Opening and Closing) Act 1991, that the District Council of Road. Ceduna proposes to make a Road Process Order to open a new road through portion of park lands section 60, Hundred of Moule, The following streets and roads will be closed to all vehicular more particularly delineated and marked ‘1’ on Preliminary Plan traffic from 3.30 p.m. until 11.30 p.m.: No. PP32/0461. Mackay Street—between Marryatt Street and Commercial A copy of the plan and a statement of persons affected are Road. available for public inspection at the offices of the District Jervois Street—between Marryatt Street and Beauchamp Council of Ceduna, 44 O’Loughlin Terrace, Ceduna, S.A. 5690 Lane. and the Adelaide office of the Surveyor-General during normal office hours. Your attention to the above arrangements will assist in facilitating effective traffic flow in the commercial area. Any person is entitled to object to the proposed road process. Such objection must set out the full name and address of the I. D. MCSPORRAN, City Manager person making the objection and must be fully supported by reasons. CITY OF WHYALLA The objection must be made in writing to the District Council Shopping Centre Precinct and Shopping Review Plan of Ceduna, P.O. Box 175, Ceduna, S.A. 5690, within 28 days of Amendment Report (PAR)—Invitation for Public Comments this notice and a copy shall be forwarded to the Surveyor-General, G.P.O. Box 1354, Adelaide, S.A. 5001. Where a submission is NOTICE is hereby given that council has resolved to undertake a made, the council will give notification of a meeting at which the Plan Amendment Report (PAR) which will introduce new matter will be considered, so that the person making the controls as they relate to shopping development within the city. submission or a representative may attend, if so desired. In particular the PAR proposes to: Dated 23 November 2000. • amend the existing District Centre Zone to delete some of A. J. IRVINE, Chief Executive Officer the Eco City Core site and to include land along McDouall Stuart Avenue so the nett area is about the same; • the existing Commercial Zone be reduced in area; DISTRICT COUNCIL OF THE COPPER COAST Temporary Road Closures • the Essington Lewis Avenue District Shopping Zone be changed to Local Shopping Zone; NOTICE is hereby given that the council, pursuant to section • the Risby Avenue Shopping Zone be deleted; 359 of the Local Government Act 1934, as amended, resolved to exclude vehicles generally, except council vehicles from the following streets and roads: 3348 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

• that portion of Military Road from the Bowling Club Car • Portion of Hanson Street from the western boundary of Park to Blanche Terrace; portion of Blanche Terrace allotment 575, (No. 9) to the intersection of Marine from Ryan Street to George Street and portion of George Parade, from 6.30 p.m. to 10 p.m. Street from Blanche Terrace to William Street, Moonta, All vehicles other than emergency and official vehicles will be from 5.30 p.m. to 6.30 p.m. on Sunday, 10 December excluded from the designated area during the closure. 2000; S. J. RUFUS, Chief Executive Officer • that portion of Owen Terrace from Irwine Street to Emu Street and portion of Jones Street from Owen Terrace to service lane, Wallaroo, from 5.30 p.m. to 9.15 p.m. on KINGSTON DISTRICT COUNCIL Friday, 15 December 2000; Temporary Road Closure • that portion of Graves Street from Digby Street to Draper Street and that portion of Goyder Street from Graves NOTICE is hereby given that pursuant to section 359 of the Street to No. 5 Lane (near Woolworths), Kadina, from Local Government Act 1934, as amended, the Kingston District 6 p.m. to 9 p.m. on Friday, 22 December 2000, Council resolves to close the following road for the purpose of the Kingston SE Triathlon: for the purpose of Christmas Street activities. • Marine Parade, from Arthur Street to Pinks Beach Road. J. W. SHANE, Chief Executive Officer All vehicles other than emergency and official vehicles should be excluded from the designated area between the hours of 8 a.m. DISTRICT COUNCIL OF KAROONDA EAST MURRAY AND and 11 a.m. on Sunday, 4 February 2001. SOUTHERN MALLEE DISTRICT COUNCIL S. J. RUFUS, Chief Executive Officer Mallee District Bushfire Prevention Committee NOTICE is hereby given that the Southern Mallee District KINGSTON DISTRICT COUNCIL Council did at the ordinary meeting of council held on 8 November 2000 and the District Council of Karoonda East Exclusion of Land from Classification as Community Land Murray did at the ordinary meeting of council held on 14 NOTICE is hereby given that at its meeting held on 17 November 2000, resolved to dissolve the respective Southern November 2000, council resolved pursuant to section 193 of the Mallee District Bushfire Prevention Committee and the Local Government Act 1999, having conducted the public Karoonda East Murray Bushfire Prevention Committee and consultation process, that the following parcels of land in its establish, pursuant to section 32 (1) of the Country Fires Act ownership, care and management be excluded from the 1989 as amended, the Mallee District Bushfire Prevention classification of community land: Committee. P. SMITHSON, Chief Executive Officer, District Property Location CT Council of Karoonda East Murray Description Reference P. WOOD, Chief Executive Officer, Southern Council office, Lots 1, 2 and 3 in 5402/655 Mallee District Council emergency service, FP 3508 and Lot 297 in 5402/656 old council office FP 205233 and Lot 898 5708/541 land in FP 205234 on the 5709/302 KINGSTON DISTRICT COUNCIL corner of Holland Street 5709/303 Office Closure—Christmas/New Year Period and James Street, Kingston NOTICE is hereby given that at a meeting held on 17 November Council works depot Lot 91 in FP 205425, 5708/538 2000 council resolved that the council office will be closed over Cameron Street, the Christmas/New Year period from 12.30 p.m. on Friday, 22 Kingston December 2000 up until 8.30 a.m. on Tuesday, 2 January 2001. Vacant land Section 492, Hundred of 5588/234 S. J. RUFUS, Chief Executive Officer Lacepede, Cooke Street, Kingston Kingston Medical Lot 735 in FP 205071, 5700/394 KINGSTON DISTRICT COUNCIL Clinic Agnes Street, Kingston Change of Meeting Date Medical Centre Lot 2 in DP 21312, Agnes 5447/339 carpark Street, Kingston NOTICE is hereby given that the next ordinary meeting of council will be held on Friday, 15 December 2000, commencing Industrial Estate land Lot 22 in DP 21659, Lots 5439/330 at 9.30 a.m., in lieu of the meeting which was scheduled to be held 23 and 24, DP 21658 5438/891 on Friday, 22 Decemer 2000. Vacant land Lot 21 in DP 25742, 5429/723 S. J. RUFUS, Chief Executive Officer Cooke Street, Kingston Rubble Quarry Lot 104 in DP 49493 5518/527 (part section 65), KINGSTON DISTRICT COUNCIL Limestone Coast Road, Temporary Road Closures—Christmas Pageant Hundred of Mount Benson NOTICE is hereby given that at a meeting held on 17 November District Hall Lot 884 in FP 205220, 5708/539 2000, council resolved pursuant to section 359 of the Local Agnes Street, Kingston Government Act 1934, as amended, to close the following roads, Vacant land Lot 888 in FP 205224, 5778/182 for the purpose of the Kingston Tourism and Development corner of Agnes Street Association Christmas Pageant, in Kingston SE to be held on and Cameron Street, Friday, 15 December 2000: Kingston • Hanson St reet from the intersection of Marine Parade to Vacant land Lot 264, Fourth Street, 5424/940 the intersection of Holland Street and Cooke Street, from Rosetown, Hundred of 5.30 p.m. to 6.30 p.m. Lacepede Vacant land Lots 269 and 270, Fourth 5424/939 • Holland Street from the intersection of Hanson Street and Street, Rosetown, Cooke Street to the intersection of Agnes Street, from Hundred of Lacepede 5.30 p.m. to 6.30 p.m. Vacant land Lots 271 and 276, Fourth 477/35 • Agnes Street from the intersection of Holland Street to Street, Rosetown, the intersection of East Terrace, from 5.30 p.m. to Hundred of Lacepede 6.30 p.m. • Portion of Marine Parade from the intersection of Hanson Street travelling in a northerly direction to the Lions Park car park, from 5.30 p.m. to 6.30 p.m. Property Location CT Description Reference 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3349

A public hearing will commence in the Loxton Waikerie Vacant land Lot 265, Ninth Street, 5142/140 Council Chambers, Loxton at 11 a.m. on 28 February 2001, at Rosetown, Hundred of which interested persons may appear and be heard in relation to Lacepede the draft Plan Amendment Report and the submissions. Vacant land Lots 267, 268 and 273, 5437/963 Fourth Street, 5437/964 The public hearing may not be held if no submission indicates Rosetown, Hundred of 5437/965 an interest in speaking at the public hearing. Lacepede T. BURGEMEISTER, District Manager Vacant land Lots 272 and 275, Fourth 5142/141 Street, Rosetown, Hundred of Lacepede MID MURRAY COUNCIL Vacant land Lots 277 and 280, Fourth 5758/284 Temporary Road Closure—Cadell Township Street, Rosetown, Hundred of Lacepede NOTICE is hereby given that at a meeting of council held on 13 Vacant land Lots 281, 283 and 284, 368/210 November 2000, it was resolved that pursuant to section 359 of Fourth Street, the Local Government Act 1934, as amended, the following roads Rosetown, Hundred of in the Cadell Township will be closed to all but procession traffic Lacepede and emergency vehicles on Saturday, 2 December 2000: Vacant land Lots 282, 285 and 286, 311/18 • McGuire Terrace, between Lot 166 and Lot 120, from Fourth Street, 4.30 p.m. to 6.30 p.m.; Rosetown, Hundred of Lacepede • Dearden Terrace, between Lot 134 and Lot 175, from Vacant land Lots 287 and 288, Third 5604/884 4.30 p.m. to 6.30 p.m.; Street, Rosetown, • McGuire Terrace, between Lot 146 and Lot 120, from Hundred of Lacepede 4.30 p.m. to 10 p.m., Vacant land Lots 278 and 279, Eighth 265/71 for the purpose of conducting the annual Cadell Christmas Street, Rosetown, Pageant. Hundred of Lacepede Vacant land Lot 274, Third Street, 310/169 G. R. BRUS, Chief Executive Officer Rosetown, Hundred of Lacepede DISTRICT COUNCIL OF PETERBOROUGH S. J. RUFUS, Chief Executive Officer Temporary Street Closure NOTICE is hereby given that pursuant to the provisions of section 33 of the Road Traffic Act 1961, the Peterborough DISTRICT COUNCIL OF LOXTON WAIKERIE District Council has resolved that Main Street, Peterborough DEVELOPMENT ACT 1993 from Edith Street to Hurlstone Street will be closed to all vehicles, except emergency vehicles and authorised service Brown’s Well (DC), Loxton (DC) and Waikerie (DC) Development vehicles, between 6 p.m. and 11 p.m. on Friday, 15 December Plans General Review and Consolidation Plan Amendment 2000, for the staging of the Annual Christmas Pageant. Report—Draft for Public Consultation R. MOONEY, Chief Executive Officer NOTICE is hereby given that the District Council of Loxton Waikerie has prepared a draft Plan Amendment Report to consolidate the existing Brown’s Well, Loxton and Waikerie DISTRICT COUNCIL OF RENMARK PARINGA Development Plans into one Development Plan to cover the amalgamated council area. Temporary Road Closure The draft Plan Amendment Report will consolidate the NOTICE is hereby given that pursuant to section 59 of the existing Brown’s Well, Loxton and Waikerie Development Plans Summary Offences Act 1953, approval has been granted by the and has also made some policy changes by: Mayor of Renmark Paringa District Council for the temporary road closures of the following streets: • Integration of the Regional components of the Development Plans within the council-wide part of those Murray Avenue—between Tapio Street and Renmark plans Avenue; • Rationalising the zone names to be common Renmark Avenue—between Sixteenth Street and Ral Ral Avenue; • Introducing minor changes to zoning boundaries Ral Ral Avenue—between Murtho Street and Renmark • Introducing policy changes affecting land divisions, Avenue; residential development, tourism and advertising James Avenue—between Ral Ral Avenue and Thirteenth This draft Plan Amendment Report is available for inspection Street, during normal office hours at the District Council of Loxton between the hours of 4 p.m. and 10 p.m. on 1 December 2000 for Waikerie Offices and Library from 23 November 2000 to the purpose of the Renmark Christmas Pageant. 31 January 2001. A copy of the draft Plan Amendment Report can be purchased from the council offices for $5 each. R. THOMAS, Mayor Persons interested in making written submissions regarding the draft Plan Amendment Report must do so by 5 p.m. on MUNICIPALITY OF ROXBY DOWNS 31 January 2001. The written submissions should also clearly Temporary Road Closure indicate whether you wish to speak at the public hearing, on your submission. All submissions should be addressed to the District NOTICE is hereby given that pursuant to the powers vested in Manager, District Council Loxton Waikerie, P.O. Box 409, the Administrator under the provisions of the Roxby Downs Loxton, S.A. 5333. (Indenture Ratification) Act 1982, and in accordance with the provisions of the Local Government Act 1934, as amended, I Copies of all submissions will be available for inspection by hereby resolve that the portions of the northern and southern interested persons at the Loxton Office, East Terrace, Loxton, sections of Richardson Place between Arcoona Street and S.A. 5333 from 1 February 2001 to 28 February 2001. Burgoyne Street, will be closed to vehicular traffic for the purposes of the Christmas Pageant between the hours of 4 p.m. and midnight on Saturday, 9 December 2000. The closure will apply to vehicular traffic with the exception of police, emergency or those vehicles involved in the activities. W. J. BOEHM, Administrator SOUTHERN MALLEE DISTRICT COUNCIL Temporary Street Closures 3350 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

NOTICE is hereby given pursuant to section 359 of the Local Notice is hereby given pursuant to the Trustee Act 1936, as Government Act 1934, as amended, that council at a meeting amended, the Inheritance (Family Provision) Act 1972, and the held on 8 November 2000 resolved that all vehicles with the Family Relationships Act 1975, that all creditors, beneficiaries, exception of emergency and authorised vehicles be excluded as and other persons having claims against the said estates are follows: required to send, in writing, to the Public Trustee, 25 Franklin Lameroo—between the hours of 6 p.m. and 10 p.m. on Street, Adelaide, S.A. 5000, full particulars and proof of such Thursday, 21 December 2000: claims, on or before 22 December 2000, otherwise they will be excluded from the distribution of the said estate; and notice is also North Terrace, Lameroo (from Masonic Lodge to Railway hereby given that all persons who are indebted to the said estates Terrace North); are required to pay the amount of their debts to the Public Chandos Terrace—eastern carriageway, Lameroo (from Trustee or proceedings will be taken for the recovery thereof; and Vardon Terrace intersection to and including part of the all persons having any property belonging to the said estates are roundabout) adjacent to Railway Terrace North; forthwith to deliver the same to the Public Trustee. Railway Terrace North, Lameroo (from roundabout to Dated 23 November 2000. Elders). J. H. WORRALL, Public Trustee Pinnaroo—Railway Terrace South, Pinnaroo—between the hours of 5.30 p.m. and 10 p.m. on Friday, 22 December 2000, from Cane Motors, to and including the Mann Street IN the matter of the estate of the undermentioned deceased intersection; Mann Street southerly for 15 m and Day Street person: southerly for 15 m. Youngman, Barry Neville, late of 3 Furner Avenue, Ingle Farm, retired process worker, who died on 17 September 2000. P. WOOD, Chief Executive Officer Notice is hereby given pursuant to the Trustee Act 1936, as amended, the Inheritance (Family Provision) Act 1972-1975 and DISTRICT COUNCIL OF TATIARA the Family Relationships Act 1975, that all creditors, Temporary Road Closure beneficiaries, and other persons having claims against the above estate are directed to send full particulars and evidence of such NOTICE is hereby given that pursuant to section 33 of the Road claims to the undersigned on or before 22 December 2000, Traffic Act 1961, council under its delegated authority declares otherwise they will be excluded from the distribution of the the temporary closure of the following streets in Keith to enable estate; and notice is also hereby given that all persons who are Christmas functions to take place: indebted to the above estate are required to pay the amount of • Hender Street between Dugan Street and Anzac Terrace on their debt to the undersigned or proceedings will be taken for the 10 December 2000 between the hours of 7 p.m. and recovery thereof; and all persons having any property belonging 10 p.m. to the said estate are forthwith to deliver the same to the undersigned. • Hender Street between Dugan Street and Anzac Terrace on 22 December 2000 between the hours of 5.30 p.m. and ANZ EXECUTORS & TRUSTEE COMPANY LIMITED, 9 p.m. (ACN 006 132 332), 530 Collins Street, Melbourne, Vic. 3000. G. W. PIESSE, Chief Executive Officer

Declaration of Public Road IN the matter of the estates of the undermentioned deceased persons: NOTICE is hereby given that the District Council of Tatiara at a meeting held on 14 November 2000, resolved that allotments Box, May Evelyn, late of 3 Azalea Street, Prospect, who died 101 and 102 in Deposited Plan 50067 being portions of on 13 October 2000. Certificates of Title Volume 645, Folio 77 and Volume 1352, Heinicke, Angus Pickering, late of Unit 44, 51 Owl Drive, Folio 7 be public road, pursuant to section 208 of the Local Murray Bridge, who died on 8 September 2000. Government Act 1999. Juers, Allan, late of 26 Monmouth Street, Moonta Bay, who G. W. PIESSE, Chief Executive Officer died on 16 October 2000. McEachern, Gwendoline Mavis, late of Unit 1, 6 Porter Street, IN the matter of the estates of the undermentioned deceased Naracoorte, who died on 27 September 2000. persons: Burge, Judith Anne, late of 21 Emmerson Street, Port Hughes, Bailey, Constance May, late of 34 Molesworth Street, North who died on 11 September 2000. Adelaide, retired librarian, who died on 28 September Notice is hereby given pursuant to the Trustee Act 1936, as 2000. amended, the Inheritance (Family Provision) Act 1972-1975 and Curila, Franjo, late of Andamooka, retired miner, who died on the Family Relationships Act 1975, that all creditors, 14 August 2000. beneficiaries, and other persons having claims against the Francis, Eunice Grace, late of 5 Carter Street, Ridgehaven, abovenamed estates are directed to send full particulars of such home duties, who died on 9 October 2000. claims to the undersigned on or before 21 December 2000, Fuller, Vera Alice, late of 43 Helmsdale Avenue, Glengowrie, otherwise they will be excluded from the distribution of the home duties, who died on 6 September 2000. estates. Greenway, Henry John Thomas, late of 29 Austral Terrace, Morphettville, retired fitter and turner, who died on 18 Dated 23 November 2000. October 2000. NATIONAL AUSTRALIA TRUSTEES LIMITED (ABN 80 Groves, David Philip, late of 10 Antrim Street, Salisbury 007 350 405), 22-28 King William Street, Downs, machine operator, who died on 28 June 2000. Adelaide, S.A. 5000. Kavcic, Paula, late of 410 Henley Beach Road, Lockleys, of no occupation, who died on 15 August 2000. Kloczko, Wlodzimierz, late of 3 Teak Street, Flinders Park, retired welder, who died on 20 July 2000. Lewis, Guy Leslie, late of 6 Taylor Street, Gawler East, retired farmer, who died on 13 September 2000. Mallen, Patricia, late of Grand Junction Road, Oakden, of no occupation, who died on 13 August 2000. Millard, Beatrice Constance, late of 36 Bourke Street, Peterborough, home duties, who died on 16 August 2000. Perry, Winifred, late of 91 Main Road, McLaren Vale, home duties, who died on 3 August 2000. Rees, Vera Grace, late of 39 Finniss Street, Marion, of no occupation, who died on 2 October 2000. Sheehan, Maria Luisa, late of 9 Hogarth Road, Panorama, retired public servant, who died on 1 October 2000. 23 November 2000] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3351

IN the matter of the estate of the undermentioned deceased SOUTH AUSTRALIA—In the Supreme Court. No. 1026 of person: 2000. In the matter of Paldari Pty Ltd (ACN 070 936 702) and Moore, Kathleen Veronica, late of Clayton Church Hostel, 195 in the matter of the Corporations Law. Beulah Road, Norwood, who died on 22 July 2000. Notice of Application for Winding Up Order Notice is hereby given pursuant to the Trustee Act 1936, as A proceeding for the winding up of Paldari Pty Ltd (ACN 070 amended, the Inheritance (Family Provision) Act 1972-1975 and 936 702) was commenced by the plaintiff Mark Tyminski on 26 the Family Relationships Act 1975, that all creditors, October 2000 and will be heard by Judge Bowen Pain at 2.15 p.m. beneficiaries, and other persons having claims against the on 28 November 2000. Copies of documents filed may be abovenamed estate are directed to send full particulars of such obtained from Cosoff Cudmore and Partners, Level 20, 25 claims to the undersigned on or before 20 December 2000, Grenfell Street, Adelaide, S.A. 5000. otherwise they will be excluded from the distribution of the Any person intending to appear at the hearing must file a estate. notice of appearance, in accordance with the prescribed form, PERPETUAL TRUSTEES SA LIMITED, (ACN 008 273 together with any affidavit on which the person intends to rely, 916), c/o 5th Floor, 39 Hunter Street, Sydney, and serve a copy of the notice and any affidavit on the plaintiff NSW 2000. at the plaintiff’s address at least 3 days before the date fixed for the hearing. SOUTH AUSTRALIA—In the Supreme Court. No. 312 of 1993. M. TYMINSKI, Plaintiff In the matter of Golfcraft Pty Ltd (in liquidation) (ACN 007 746 670) and in the matter of the Corporations Law. SALE OF PROPERTY Notice by a Liquidator of His Intention to Seek His Release Auction Date: Thursday, 7 December 2000 at 11 a.m. Take notice that I, Austin Robert Meerten Taylor of Horwath Location: 7 Sussex Crescent, Morphett Vale Adelaide Partnership, 99 Frome Street, Adelaide, S.A. 5000, the liquidator of the abovenamed company, intend to make NOTICE is hereby given that on the above date at the time and application to the Supreme Court of South Australia for my place stated, by virtue of the Warrant of Sale issued out of the release as the liquidator of and for the dissolution of the Magistrates Court of South Australia, Mount Barker Registry, abovenamed company. Action No. 295 of 2000, directed to the Sheriff of South Australia in an action wherein Grietje Doornekamp, is Plaintiff And further take notice that if you have any objection to the and Peter David Haskell is Defendant, I, Tim Goodes, Sheriff, of granting of my release you must file at the Supreme Court and the State of South Australia, will by my auctioneers, Griffin Real also forward to me within 21 days of the publication in the Gazette Estate, make sale of the estate, right, title or interest whatsoever of the notice of my intention to apply for a release a it may be of the defendant Peter David Haskell as the registered notice of objection in the form laid down by the Corporations proprietor of an estate in fee simple in the following: (South Australia) Rules 1993. A summary of my receipts and payments as liquidator is available from my office. That piece of land situated in the area named Morphett Vale, being 7 Sussex Crescent, being the property comprised in Dated 15 November 2000. certificate of title register book volume 5142, folio 305. A. R. M. TAYLOR, Liquidator Further particulars from the auctioneers: Note: Section 481 of the Corporations Law enacts that an Griffin Real Estate order of the Court releasing a liquidator shall discharge him or her 179 King William Road in the administration of the affairs of the company, or otherwise Hyde Park, S.A. 5061 in relation to his or her conduct as liquidator, but any such order Telephone 8357 3177 may be revoked on proof that it was obtained by fraud or by suppression or by concealment of any material fact. 3352 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [23 November 2000

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