No. 58 2393

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, 6 MAY 1999

CONTENTS Page Page Appointments, Resignations, Etc...... 2394 Public Trustee Office—Administration of Estates...... 2491 Corporations and District Councils—Notices...... 2490 Development Act 1993—Notices...... 2395 REGULATIONS Fisheries Act 1982—Notices...... 2404 Building Work Contractors Act 1995 (No. 33 of 1999) ...... 2486 Geographical Names Act 1991—Notice...... 2468 Liquor Licensing Act 1997 (No. 34 of 1999) ...... 2488 Liquor Licensing Act 1997—Notices...... 2468 Roads (Opening and Closing) Act 1991—Notices...... 2479 Local Government Act 1934—Notice...... 2470 Soil Conservation and Land Care Act 1989—Notices...... 2480 Mining Act 1971—Notices...... 2475 Transport, Department of—Notices to Mariners...... 2474 Partnership Act 1891—Notice...... 2492 Unclaimed Moneys Act 1891—Notice...... 2493 Petroleum Act 1940—Notices...... 2478 Vocational Education, Employment and Training Act Private Advertisements...... 2491 1994—Contracts of Training ...... 2482 Proclamations...... 2394 Water Mains and Sewers—Mains Laid, Replaced, Etc...... 2480

GOVERNMENT GAZETTE NOTICES ALL poundkeepers' and private advertisements forwarded for publication in the South Australian Government Gazette must be PAID FOR PRIOR TO INSERTION; and all notices, from whatever source, should be legibly written on one side of the paper only and sent to Riverside 2000 so as to be received no later than 4 p.m. Tuesday preceding the day of publication. Phone 8207 1045 or Fax 8207 1040. 2394 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

ADMINISTRATIVE ARRANGEMENTS ACT 1994 SECTION 5: Matthew Peter Walsh of Lifeplan at Adelaide ADMINISTRATION OF THE YEAR 2000 INFORMA- Christopher Edwin George Wright of Lifeplan at Adelaide TION DISCLOSURE ACT 1999 COMMITTED TO THE Andrew Craig Zobel of Adelaide Bank Limited at Mount PREMIER Gambier Proclamation By The Governor Given under my hand and the Public Seal of South Australia, at Adelaide, 6 May 1999. (L.S.) E. J. NEAL By command, PURSUANT to section 5 of the Administrative Arrangements Act 1994 and with the advice and consent of the Executive IAIN EVANS, for Premier Council, I commit the administration of the Year 2000 Informa- AG 43/93 CS tion Disclosure Act 1999 to the Premier. Given under my hand and the Public Seal of South Australia, at Adelaide, 6 May 1999. YEAR 2000 INFORMATION DISCLOSURE ACT 1999 (Act No. 29 of 1999): DAY OF COMMENCEMENT By command, Proclamation By The Governor IAIN EVANS, for Premier (L.S.) E. J. NEAL MY2C 3/99 CS WITH the advice and consent of the Executive Council, I fix 27 February 19991 as the day on which the Year 2000 Information Disclosure Act 1999 will be taken to have come into ADMINISTRATIVE ARRANGEMENTS ACT 1994 SECTION 5: operation. ADMINISTRATION OF WINGFIELD WASTE DEPOT 1. Section 2(2) of the Year 2000 Information Disclosure Act 1999 provides CLOSURE ACT 1999 COMMITTED TO MINISTER FOR that the proclamation bringing the Act into operation may have effect ENVIRONMENT AND HERITAGE from the day on which the Year 2000 Information Disclosure Act 1999 of Proclamation By The Governor the Commonwealth came into operation. (L.S.) E. J. NEAL Given under my hand and the Public Seal of South Australia, at Adelaide, 6 May 1999. PURSUANT to Section 5 of the Administrative Arrangements Act 1994 and with the advice and consent of the Executive By command, Council, I commit the administration of the Wingfield Waste IAIN EVANS, for Premier Depot Closure Act 1999 to the Minister for Environment and MY2C 3/99 CS Heritage. Given under my hand and the Public Seal of South Australia, at Adelaide, 6 May 1999. WINGFIELD WASTE DEPOT CLOSURE ACT 1999 (Act No. 28 of 1999): DAY OF COMMENCEMENT By command, Proclamation By The Governor IAIN EVANS, for Premier (L.S.) E. J. NEAL MTUP-PL 2/99 CS WITH the advice and consent of the Executive Council, I fix 6 May 1999 as the day on which the Wingfield Waste Depot Closure Act 1999 will come into operation. OATHS ACT 1936 SECTION 33(1): APPOINTMENT OF Given under my hand and the Public Seal of South Australia, at MANAGERS TO TAKE DECLARATIONS AND ATTEST Adelaide, 6 May 1999. THE EXECUTION OF INSTRUMENTS By command, Proclamation By The Governor IAIN EVANS, for Premier (L.S.) E. J. NEAL MTUP-PL 2/99 CS PURSUANT to section 33(1) of the Oaths Act 1936 and with the advice and consent of the Executive Council, I appoint the following managers to take declarations and attest the execution Department of the Premier and Cabinet of instruments: Adelaide, 6 May 1999 Elizabeth Browne of Adelaide Bank Limited at Gawler HIS Excellency the Governor in Executive Council has been Alexander James Burt of the Commonwealth Bank at pleased to appoint the undermentioned to the Carrick Hill Trust, Loxton pursuant to the provisions of the Carrick Hill Trust Act 1985: Eric Daumann of Lifeplan at Adelaide Member: (from 6 May 1999 until 30 April 2001) Mary Patricia Dunning of ANZ Banking Group Limited at Lowen Partridge Walkerville Marie Danvers Suzanne Joy Hettner of Adelaide Bank Limited at Fulham Grant Mackintosh Gardens Felicity Jane Hill of Adelaide Bank Limited at Norwood Member: (from 6 May 1999 until 30 April 2002) Anthony Ray Impett of Commonwealth Bank at Whyalla Ivan Brooks Norrie Fiona Adler Brenton Stanley Jones of Lifeplan at Adelaide Robert Hill-Ling Matthew Peter Kerrish of the Commonwealth Bank at Berri Margaret Denton Maria Angela Porton of Adelaide Bank Limited at Chairman: (from 6 May 1999 until 30 April 2002) Blackwood Fiona Adler Cuan John Read of Commonwealth Bank at Semaphore David Kevin Rowe of Lifeplan at Adelaide By command, Claire Elizabeth Smith of Adelaide Bank Limited at Victor IAIN EVANS, for Premier Harbor ACD 008/94CS Graham Lindsay Sm ith of Lifeplan at Adelaide Annette Monica Starr of Commonwealth Bank at Glenside 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2395

Department of the Premier and Cabinet DEVELOPMENT ACT 1993: SECTION 31 (4) Adelaide, 6 May 1999 THE DEVELOPMENT PLAN HIS Excellency the Governor in Executive Council has been TAKE notice that pursuant to section 31 (4) of the pleased to appoint the Honourable Robert Ivan Lucas, BSc, BEc, Development Act 1993, (hereinafter referred to as the ‘Act’), I, MBA, MLC, Treasurer to be also Acting Attorney-General, the Honourable Diana Laidlaw, the Minister for Transport and Acting Minister for Justice and Acting Minister for Consumer Urban Planning and the Minister to whom the administration of Affairs for the period 9 May 1999 to 15 May 1999, during the the Act is committed, have consolidated and republished certain absence of the Honourable Kenneth Trevor Griffin, LLM, MLC. pages and maps of the Development Plan. These pages and maps By command, incorporate into the Development Plan amendments made by six notices dated 18 March 1999, 1 April 1999, 22 April 1999 and IAIN EVANS, for Premier 29 April 1999, pursuant to section 29 of the Development Act, ATTG 15/93CS two notices pursuant to section 28 of the Development Act and six individual Development Plan Amendments that are: Department of the Premier and Cabinet Ceduna (DC)¾Rural Living, Denial Bay and Ceduna North Adelaide, 6 May 1999 Authorised 18 March 1999 HIS Excellency the Governor in Executive Council has been East Torrens (DC)¾Heritage pleased to appoint the Honourable Robert Gerard Kerin, MP, Authorised 25 March 1999 Deputy Premier and Minister for Primary Industries, Natural Holdfast Bay (City)¾Consolidation and public Notification Resources and Regional Development to be also Acting Minister Authorised 15 April 1999 for Education, Children’s Services and Training for the period 10 May 1999 to 14 May 1999, during the absence of the Honourable Willunga (DC) (Metro) Willunga 1997-2000 Malcolm Robert Buckby, BAg, GradDipEc, MP. Authorised 15 April 1999 By command, Happy Valley (City)¾Chandlers Hill Road Authorised 29 April 1999 IAIN EVANS, for Premier Noarlunga (City)¾Chandlers Hill Road MECT 10/99CS Authorised 29 April 1999 The following Development Plans have now been replaced by DEVELOPMENT ACT 1993, SECTION 27 (1): CITY OF publications: ONKAPARINGA—HAPPY VALLEY (CITY)—THE HUB (1) First publication dated 15 April 1999: DISTRICT CENTRE ZONE, ABERFOYLE PARK PLAN AMENDMENT Holdfast Bay (City) Preamble (Note: The Brighton (City) Development Plan and the Glenelg The Minister for Transport and Urban Planning has approved (City) Development Plan have been amalgamated. The Holdfast the amendment entitled ‘City of Onkaparinga—Happy Valley Bay (City) Development Plan replaces both of the above). (City)—The Hub District Centre Zone, Aberfoyle Park Plan (2) Dated 11 March 1999: Amendment’ (the Plan Amendment) and has referred it to the Tea Tree Gully (City) Governor. Previously published on 26 November 1998 NOTICE (3) Dated 18 March 1999: PURSUANT to section 27 (1) of the Development Act 1993, I, Ceduna (DC) the Governor with the advice and consent of the Executive Previously published on 18 February 1999 Council, declare the Plan Amendment to be an authorised Plan Amendment and fix 6 May 1999 as the day on which it will come Salisbury (City) into operation. Previously published on 30 April 1998 Dated 6 May 1999. (4) Dated 25 March 1999: E. J. NEAL, Governor East Torrens (DC) Previously published on 26 June 1997 MTUP-PL 7/99CS Light (DC) (Outer Metro) Previously published on 29 January 1998 DEVELOPMENT ACT 1993, SECTION 28 (1): (5) Dated 1 April 1999: DECLARATION OF INTERIM OPERATION OF CITY OF PORT ADELAIDE ENFIELD—LOCAL HERITAGE Mount Gambier (City) PLACES AND HISTORIC (CONSERVATION) POLICY Previously published on 5 November 1998 AREAS PLAN AMENDMENT Stirling (DC) NOTICE Previously published on 29 October 1998 PURSUANT to section 28 (1) of the Development Act 1993, I, (6) Dated 15 April 1999: the Governor, with the advice and consent of the Executive Willunga (DC) (Metro) Council, being of the opinion that it is necessary in the interest Previously published on 28 August 1997 of the orderly and proper development of the area affected by the ‘City of Port Adelaide Enfield—Local Heritage Places and (7) Dated 22 April 1999: Historic (Conservation) Policy Areas Plan Amendment’ that the Ceduna (DC) Plan Amendment should come into operation without delay, Previously published on 18 March 1999 declare that the Plan Amendment will come into operation on an interim basis on 6 May 1999. (8) Dated 29 April 1999: Given under my hand at Adelaide, 6 May 1999. Happy Valley (City) Previously published on 26 June 1997 E. J. NEAL, Governor Noarlunga (City) MTUP-PL 4/99CS Previously published on 23 April 1998 2396 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

Copies of the abovementioned Development Plans may be purchased by the public at the Department for Transport, Urban Planning and the Arts, 5th Floor, 136 North Terrace, Adelaide. Dated 3 May 1999. DIANA LAIDLAW, Minister for Transport and Urban Planning Plan 2183/95

DEVELOPMENT ACT 1993, SECTION 29 (2): AMENDMENT TO THE PORT ADELAIDE ENFIELD DEVELOPMENT PLAN Preamble It is necessary to amend the Port Adelaide Enfield (City) Development Plan dated 11 February 1999. NOTICE PURSUANT to Section 29 (2) of the Development Act 1993, I, Diana Laidlaw, being the Minister administering the Act, amend: The Port Adelaide Enfield (City) Development Plan, dated 11 February 1999, as follows: (1) Industry (Cast Metals) Zone, page 197, in principle 70 (non-complying development), change the reference ‘principle of development control numbered 66’ to ‘principle of development control numbered 68’. (2) Under the heading ‘PRINCIPLES OF DEVELOPMENT CONTROL’ on page 25, delete the words, ‘Principles of Development Control numbered 3 to 5, 7 to 10, 12, 13, 19 to 22 and 47 to 87 will not apply to the Residential (1) Zone, the Multi Function Polis Zone or to that part of the Northfield Redevelopment Area (Refer Map PAdE/1 (Overlay 8) bounded by Grand Junction Road, Blacks Road, Fosters Road and the southern Structure Plan Boundary’. (3) Council wide principles, page 47, principle 143(b), change the reference ‘principle of development control numbered 90’ to ‘principle of development control number 196’. (4) Table PAdE/1, page 251, under the heading ‘Domestic Outbuildings’ under condition 6, change the reference ‘Council Wide principle numbered 29’ to ‘Council Wide principle numbered 61’. (5) Delete Map PAdE/1 (Overlay 1) ENALRGEMENT B dated 11 February 1999 and insert the contents of Attachment ‘A’. (6) Delete Map PAdE/33 dated 11 February 1999 and insert the contents of Attachment ‘B’. (7) Delete Map PAdE/41 dated 11 February 1999 and insert the contents of Attachment ‘C’. (8) Delete Map PAdE/57 dated 11 February 1999 and insert the contents of Attachment ‘D’. (9) Delete Map PAdE/3 dated 11 February 1999 and insert the contents of Attachment ‘E’. Dated 6 May 1999. DIANA LAIDLAW, Minister for Transport and Urban Planning PLN 97/0382 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2397

Attachment ‘A’ 2398 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

Attachment ‘B’ 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2399

Attachment ‘C’ 2400 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

Attachment ‘D’ 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2401

Attachment ‘E’ 2402 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

GOVERNMENT GAZETTE ADVERTISEMENT RATES To apply from 1 September 1998

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

GOVERNMENT GAZETTE NOTICES ALL private advertisements forwarded for publication in the South Australian Government Gazette must be PAID FOR PRIOR TO INSERTION; and all notices, from whatever source, should be legibly written on one side of the paper only and sent to Riverside 2000 so as to be received no later than 4 p.m. Tuesday preceding the day of publication. Phone 8207 1045 or Fax 8207 1040. 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2403

MISCELLANEOUS LEGISLATION AND GOVERNMENT PUBLICATIONS PRICES AS FROM 1 SEPTEMBER 1998

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

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

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

Postage Extra on Individual Copies

All Legislation, Government Gazette, Hansard and Legislation on disk are available from: Counter Sales: Information SA (State Government Bookshop) Australis Centre, Ground Floor, 77 Grenfell Street, Adelaide, S.A. 5000. Phone: (08) 8204 1900. Fax: (08) 8204 1909 S.A. Country Customer Free Call: 1800 182 234 TTY (Hearing Impaired): (08) 8204 1923 Mail Orders: Information SA Subscription and Mail Order Service: Phone: (08) 8204 9449. Fax: (08) 8204 1898 P.O. Box 1, Rundle Mall, Adelaide, S.A. 5000. 2404 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

FISHERIES ACT 1982 6.2 must remove and lawfully dispose of any waste or debris on the site as soon as is reasonably practicable and in MARINE MOLLUSC FARMING LICENCE FM00044 particular must comply with any guidelines issued from (PREVIOUS LICENCE NO. F577) time to time by the Minister in relation to the removal Licence to Farm Fish under section 53 of the Fisheries from the site of any unhealthy or dead fish; Act 1982 6.3 must maintain all buoys, crosses, and markers on the site WHEREAS the Director of Fisheries has, pursuant to section in good condition and in accordance with the colours 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to specified in Schedule 1 of this licence; and the undermentioned licensee to release the fish specified in Item 1 of Schedule 2 of this licence (‘the permitted species’) and, 6.4 must mark the site boundary in accordance with the pursuant to section 48G (2) of the Act, the Director of Fisheries specifications in Schedule 1 of this licence. has also issued a permit to disturb the seabed for the purpose of 7. Site Inspection and Supervision installing structures necessary for the licensed activity at the The licensee: undermentioned site, the Minister for Primary Industries, Natural Resources and Regional Development (‘the Minister’) hereby 7.1 must at all times permit the Minister, his employees, grants to: agents or contractors or any employees, agents or contractors of the Crown to enter the site for the Eleftheriou, Theo and Debra purposes of inspecting the site, the sea floor and the 11 Phillip Street flora and fauna on or in the vicinity of the site; and Somerton Park, S.A. 5044, 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 the period commencing on 1 January 1999 and ending, subject to 8. Fees and Returns any earlier termination under this licence, on 30 June 1999 (‘the The licensee: term’) subject to the following terms and conditions: 8.1 must pay to the Minister the licence fee in accordance CONDITIONS OF THIS LICENCE with Item l of Schedule 3 of this licence; 1. Licence 8.2 must on or before 31 January and 31 July during the The parties acknowledge and agree that: term, submit to the Minister a return supplying all of 1.1 the rights, powers and privileges granted to or vested in the information described in Schedule 4 of this licence. the licensee under this licence are contractual only and 9. Compliance With Relevant Laws shall not create or vest in the licensee any estate, interest or right of a proprietary nature in the site; and 9.1 the licensee must at all times comply with all laws, by- laws or regulations in force which relate to the site or 1.2 that, subject to section 53A of the Fisheries Act 1982, the activities conducted in the site and with all notices, this licence does not entitle the licensee to exclusive orders or requirements lawfully given or made by any rights of entry to and occupation of the site and that authority or authorities in respect of the site; the rights granted by this licence are exercisable by the licensee in common with any other occupiers of the site 9.2 in particular, without derogating from the general from time to time. requirement under condition 9 of this licence: 2. Marked-off Areas 9.2.1 the licensee must not do or permit to be done in upon or about the site anything which in the For the purposes of section 53A of the Fisheries Act 1982, the opinion of the Minister would cause or contribute marked-off areas within the site is that area or those areas to the degradation or pollution of any coastal marked-off or indicated in the manner set out in Item 2 of land or the surrounding marine environment; and Schedule 1 of this licence. 9.2.2 in the event that the Minister is satisfied, on 3. Permitted Species reasonable grounds, that the fish taken from the The licensee: waters are not fit for human consumption or that consumption of fish taken from the waters could 3.1 must not farm or introduce any species at the site other present a danger to the health of the consumer, than the permitted species; and 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 permitted use as directed within the notice. 4. Permitted Use 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. officers, employees, contractors and agents from and against all Permitted Methods 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: 6.1 must ensure that the site is maintained in a good, tidy and safe condition to the satisfaction of the Minister; 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2405

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 ; the Minister, vice versa 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 2406 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

21. Notices (6) All buoys, posts, crosses and markers must be 21.1 Notices may be served by delivering the same maintained in good condition. personally, by mail or facsimile transmission and shall or be: (b) (1) At each corner, yellow spar buoys with a St 21.1.1 in writing addressed to the Director of Andrews cross as a top mark placed at least Fisheries, PIRSA, 16th Floor, 25 Grenfell 900 mm above the buoy, cross arms 900 mm long x Street, Adelaide, S.A. 5000 (in the case of 75 mm wide. the Minister) and to the address of the (2) At distances not exceeding 50 m between the licensee set out above (in the case of the corner spar buoys, yellow spherical buoys not less licensee); than 300 mm in diameter. 21.1.2 signed by or on behalf of the sender or by a (3) The buoys and topmarks must all be coloured person duly authorised in that regard by the yellow and marked with a yellow retro-reflective as sender; in (a) (4). 21.1.3 deemed to be duly served or made in the (4) All buoys, posts, crosses and markers must be following circumstances: maintained in good condition. if delivered, upon delivery; (a) When the site is in navigable water and possible danger to (b) if sending by mail, upon posting; navigation, lights must be placed on the top of each St Andrews (c) if sent by facsimile transmission, upon cross that is located at each corner of the site and these lights the sender’s facsimile producing a must be yellow in colour and flashing once every 4 seconds and transmission report that the facsimile visible over an arc of 360 degrees for a distance of at least one was satisfactorily sent in its entirety to mile. the addressee’s facsimile number, Item 2—Marked-Off Areas but if delivery is not made before 5 p.m. on [Co-ordinates of developed areas within the site to be provided any day it shall be deemed to be received at by the licensee.] 9 a.m. on the next day in that place. White buoys of at least 12 inches in diameter must be placed 21.2 The Minister and the licensee may each vary their around the whole of the perimeter of the developed areas within address or facsimile number at any time by written the site at a distance of no less than 50 m from one another. notice. SCHEDULE 2 Granted on behalf of the Minister by Director of Fisheries, ¾ delegate of the Minister, on 21 April 1999. Item 1 Permitted Species The Director of Fisheries has, pursuant to section 50 (2) of the G. MORGAN, Director of Fisheries Act, issued a permit for the release of the fish specified in this The licensee hereby acknowledges and agrees to the terms and Schedule. conditions of this licence. Pacific Oysters (Crassostrea gigas) Signed by the said D. ELEFTHERIOU Item 2¾Permitted Farming Methods In the presence of: N. SYRIANOS, Witness The Director of Fisheries has, pursuant to section 48G (2) of SCHEDULE 1 the Act, issued a permit to disturb the seabed for the purpose of installing the structures specified in this Schedule. Item 1—The Site Area applicable to this licence: Racks Longlines Licensed Area Licensed Hectares Each unit must not exceed 100 m in length and 2 m in width, Zone 53 and each unit must be at least 6 m from any other unit. 366156E 6445058N 133°34¢52² -32°07¢22² 10 Item 3¾Stocking Rates 366162E 6445158N 133°34¢52² -32°07¢18² Oysters 366062E 6445166N 133°34¢48² -32°07¢18² 366076E 6445407N 133°34¢49² -32°07¢10² Size (mm) Number per Hectare 366260E 6445392N 133°34¢56² -32°07¢11² 3 2 500 000 366261E 6445492N 133°34¢56² -32°07¢08² 10 1 600 000 366361E 6445484N 133°35¢00² -32°07¢08² 20 1 100 000 366360E 6445384N 133°35¢00² -32°07¢11² 30 750 000 366356E 6445042N 133°34¢59² -32°07¢22² 40 500 000 50 350 000 All structures, equipment, buoys and flotations (except for that 60 200 000 required by the Department for Transport, Urban Planning and 70 150 000 the Arts) must be black, dark grey, dark blue, dark brown, or dark 80 100 000 green coloured materials. SCHEDULE 3 The boundary of the site to be marked either with: Item 1—Fees (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 Environmental Monitoring Program 10 at $20 each ..... 200.00 900 mm from tip to tip, minimum width 75 mm. SASQAP (Classified Area) 10 at $37 each...... 370.00 Base Licence Fee ...... 328.00 (2) Posts to be not less than 125 mm in diameter. Fisheries Research and Development Corporation (3) Posts and crosses to be painted yellow. Levy ...... 92.60 (4) The ends of each cross to be marked with a Total Annual Licence Fee...... 990.60 200 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. 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2407

SCHEDULE 4 1.2 that, subject to section 53A of the Fisheries Act 1982, this licence does not entitle the licensee to exclusive Returns rights of entry to and occupation of the site and that The licensee must submit the following information to the the rights granted by this licence are exercisable by the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 licensee in common with any other occupiers of the site Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and from time to time. 31 July during the term of this licence: 2. Marked-off Areas 1. Name of licensee. For the purposes of section 53A of the Fisheries Act 1982, the 2. Address of licensee. marked-off areas within the site is that area or those areas 3. Species of fish farmed and held on the site. marked-off or indicated in the manner set out in Item 2 of Schedule 1 of this licence. 4. Location of aquaculture operation. 3. Permitted Species 5. Period covered by return. The licensee: 6. Number of life stage of each species of fish held. 3.1 must not farm or introduce any species at the site other 7. Number, weight and value of each species of fish held. than the permitted species; and 8. Details of any disease detected in any fish kept. 3.2 must not take any wild fish from the site except for 9. Source (whether interstate or intrastate) of any stock recreational purposes. acquired and date of acquisition (if relevant, include name 4. Permitted Use of authority that provided certification that stock was free from disease). The licensee must not use the site for any purpose other than the permitted use. 10. If any fish were brought into the state, the number of fish and the life stage of the fish. 5. Permitted Methods 11. If fish were brought into the state, the purpose for which The licensee: they were brought in. 5.1 must not stock the permitted species at a rate greater 12. Method of disposal of water and packaging use for than that specified in Schedule 2 of this licence; transporting the fish. 5.2 must not use the anti-fouling chemical tributyltin (TBT) 13. If any disease or symptom of disease occurred in the on any equipment used at the site; acquired fish. 5.3 must not use any chemical or drug for either therapeutic 14. Method of disposal of diseased or dead fish and the or prophylactic purpose except with the prior approval number disposed of. of the Minister; 15. Signature, date and telephone number. 5.4 must apply the permitted farming methods set out in Item 2 of Schedule 2 of this licence. 16. Use of any chemicals for fish husbandry—type of chemical and quantity used, purpose and date of use. 6. Marking and Maintaining the Site The licensee: FISHERIES ACT 1982 6.1 must ensure that the site is maintained in a good, tidy and safe condition to the satisfaction of the Minister; MARINE MOLLUSC FARMING LICENCE FM00059 (PREVIOUS LICENCE NO. F715) 6.2 must remove and lawfully dispose of any waste or debris on the site as soon as is reasonably practicable and in Licence to Farm Fish under section 53 of the Fisheries particular must comply with any guidelines issued from Act 1982 time to time by the Minister in relation to the removal WHEREAS the Director of Fisheries has, pursuant to section from the site of any unhealthy or dead fish; 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to 6.3 must maintain all buoys, crosses, and markers on the site the undermentioned licensee to release the fish specified in in good condition and in accordance with the colours Item 1 of Schedule 2 of this licence (‘the permitted species’) and, specified in Schedule 1 of this licence; and pursuant to section 48G (2) of the Act, the Director of Fisheries has also issued a permit to disturb the seabed for the purpose of 6.4 must mark the site boundary in accordance with the installing structures necessary for the licensed activity at the specifications in Schedule 1 of this licence. undermentioned site, the Minister for Primary Industries, Natural 7. Site Inspection and Supervision Resources and Regional Development (‘the Minister’) hereby grants to: The licensee: Eleftheriou, Theo and Debra 7.1 must at all times permit the Minister, his employees, 11 Phillip Street agents or contractors or any employees, agents or Somerton Park, S.A. 5044, contractors of the Crown to enter the site for the purposes of inspecting the site, the sea floor and the a non-exclusive licence to occupy and use the waters specified in flora and fauna on or in the vicinity of the site; and Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of 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 January 1999 and ending, subject to person authorised by the Director of Fisheries to inspect any earlier termination under this licence, on 30 June 1999 (‘the the conduct of the licensee’s activities at the site. term’) subject to the following terms and conditions: 8. Fees and Returns CONDITIONS OF THIS LICENCE The licensee: 1. Licence 8.1 must pay to the Minister the licence fee in accordance The parties acknowledge and agree that: with Item l of Schedule 3 of this licence; 1.1 the rights, powers and privileges granted to or vested in 8.2 must on or before 31 January and 31 July during the the licensee under this licence are contractual only and term, submit to the Minister a return supplying all of shall not create or vest in the licensee any estate, the information described in Schedule 4 of this licence. interest or right of a proprietary nature in the site; and 2408 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

9. Compliance With Relevant Laws 15. Default by Licensee and Termination 9.1 the licensee must at all times comply with all laws, by- The Minister may terminate this licence immediately by notice laws or regulations in force which relate to the site or in writing served on the licensee if: the activities conducted in the site and with all notices, 15.1 the licensee commits or permits any breach or orders or requirements lawfully given or made by any default of the obligations imposed on the licensee by authority or authorities in respect of the site; this licence, and following the giving by the Minister 9.2 in particular, without derogating from the general of written notice of such breach or default, the requirement under condition 9 of this licence: licensee either fails to rectify such breach or default 9.2.1 the licensee must not do or permit to be done in within one calendar month of the date of such notice upon or about the site anything which in the (or earlier if the circumstances require) or fails to opinion of the Minister would cause or contribute make diligent progress towards rectifying any such to the degradation or pollution of any coastal breach which is incapable of rectification within the land or the surrounding marine environment; and time so limited; or 9.2.2 in the event that the Minister is satisfied, on 15.2 the licensee commits or permits any further breach reasonable grounds, that the fish taken from the or default of the obligations imposed on the licensee waters are not fit for human consumption or that by this licence for which the Minister has previously consumption of fish taken from the waters could given notice in writing of such breach or default present a danger to the health of the consumer, pursuant to paragraph 1 of condition 15.1 notwith- the licensee must, in accordance with a written standing rectification of the previous breach or notice from the Minister, cease or suspend the default; or conduct of the permitted use or else conduct the 15.3 the licence fee referred to in condition 8 is unpaid permitted use as directed within the notice. for a period of 14 days after notice has been given to the licensee that it is outstanding; or 10. Public Risk Liability The licensee must at all times indemnify the Minister, his 15.4 if the licensee is a body corporate, any of the officers, employees, contractors and agents from and against all following occur: claims, demands, actions, judgments, proceedings, damages, losses, 15.4.1 the licensee is unable to pay its debts as and costs, charges and expenses in respect of any loss of life, personal when they fall due or is otherwise insolvent; injury and/or damage to property caused or suffered in any 15.4.2 an order is made for the winding up or manner in or about the site. liquidation of the licensee; 11. Release 15.4.3 the licensee enters into a scheme of The licensee must use and keep the site at the risk in all things arrangement, compromise, moratorium or of the licensee and the licensee must release to the full extent other form of composition with its creditors permitted by law the Minister, his agents, contractors and or any class of its creditors; servants in the absence of any wilful act, omission, default or 15.4.4 a receiver, a manager or a receiver and neglect on their part from all claims and demands of every kind manager, a company administrator or other resulting from any accident damage or injury to persons or insolvency administrator is appointed to the property occurring at the site, including loss or damage to the licensee; or licensee’s fixtures or personal property of the licensee. 15.4.5 a mortgagee, chargee or other encum- 12. Public Risk Insurance brancee is appointed over or takes The licensee shall at its own cost and expense during the term possession of or appoints an agent to take effect and keep in full force and effect in respect of the site and possession of all or any of the licensee’s the permitted use a policy of public risk insurance in the joint assets; or names of the licensee and the Minister in which the limits of 15.5 if the licensee is an individual, the licensee: public risk shall not be less than the amount specified in Item 2 of Schedule 3 of this licence, or such further amount as the Minister 15.5.1 becomes bankrupt or assigns its estate or may from time to time reasonably require, as the amount which enters into a deed of arrangement or other may be paid out in respect of any one single claim and a policy of form of composition for the benefit of the insurance or copy thereof or a certificate of insurance shall be licensee’s creditors; or produced by the licensee to the Minister on request in writing 15.5.2 is convicted of an indictable offence. being made by the Minister for its production. Termination of this licence by the Minister shall be 13. Guarantee or Indemnity Scheme without prejudice to any rights, remedies or actions The licensee must either: that the Minister may have against the licensee in respect of any antecedent breach by the licensee of 13.1 provide a guarantee from its bankers; or the terms and conditions contained in this licence. 13.2 contribute to an indemnity scheme established for 16. the aquaculture and fisheries industry and approved by Interpretation the Minister, Subject to any inconsistency of subject or context, the following rules of construction shall be used in the interpretation to and in favour of and for the benefit of the Minister by way of of this licence: security for the due and punctual performance by the licensee of the terms and conditions of this licence and in particular the 16.1 any word importing the plural includes the singular obligations of the licensee to rehabilitate the site immediately and vice versa; prior to the expiration or sooner determination of the term of 16.2 any wording importing a gender shall include all this licence. Such guarantee or indemnity scheme must have other genders; effect from the date of commencement of the term. 16.3 a reference to a body corporate shall include a 14. No Assignment natural person and vice versa; The licensee acknowledges that this licence is personal and it 16.4 a reference to a recital, party, clause, Schedule or must not assign or sublet or deal in any other way with any Annexure is a reference to a recital, party, clause, interest in this licence. Schedule or Annexure of this licence; 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2409

16.5 the captions, headings, section numbers and clause G. MORGAN, Director of Fisheries numbers appearing in this licence are inserted only as The licensee hereby acknowledges and agrees to the terms and a matter of convenience and in no way affect the conditions of this licence. construction of this licence; Signed by the said THEO ELEFTHERIOU 16.6 a reference to a statute shall include all statutes amending, consolidating or replacing the statutes D. ELEFTHERIOU referred to; In the presence of: NICK SYRIANOS, Witness 16.7 where two or more persons are named as licensees, SCHEDULE 1 this licence shall bind the licensees jointly and each of them severally; and Item 1—The Site 16.8 time is of the essence in respect of any obligation Area applicable to this licence: relating to time in this licence. Licensed Area Licensed 17. Delegation Hectares Zone 53 Any consent, notice, any consultation or any other thing which is pursuant to the terms of this licence either required to be 365137E 6441640N 133°34¢11² -32°09¢12² 10 given, done or performed or which may be given, done or 365233E 6441459N 133°34¢15² -32°09¢18² performed by the Minister may for the purposes of this licence be 365201E 6441398N 133°34¢13² -32°09¢20² properly given, done or performed by any duly authorised agent 365282E 6441305N 133°34¢16² -32°09¢23² or employee of the Minister. 365134E 6441087N 133°34¢11² -32°09¢30² 365093E 6441084N 133°34¢09² -32°09¢30² 18. Severance 364951E 6441207N 133°34¢04² -32°09¢26² If any term or condition of this licence should be for any 365051E 6441507N 133°34¢08² -32°09¢16² 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 19. Modification green coloured materials. No variation of or addition to any provision of this licence The boundary of the site to be marked either with: 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 Minister or by persons duly authorised to execute such (4) The ends of each cross to be marked with a a document on the Minister’s part. 200 mm strip of yellow retro-reflective tape. 20.2 No waiver by the Minister of a breach of a term or (5) Between the corner posts at intervals not exceeding condition contained in this licence shall operate as a 50 m, buoys not less than 300 mm in diameter. 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 prejudice or restrict the rights of the Minister. (b) (1) At each corner, yellow spar buoys with a St Andrews cross as a top mark placed at least 21. Notices 900 mm above the buoy, cross arms 900 mm long x 21.1 Notices may be served by delivering the same 75 mm wide. personally, by mail or facsimile transmission and shall (2) At distances not exceeding 50 m between the be: corner spar buoys, yellow spherical buoys not less 21.1.1 in writing addressed to the Director of than 300 mm in diameter. Fisheries, PIRSA, 16th Floor, 25 Grenfell (3) The buoys and topmarks must all be coloured Street, Adelaide, S.A. 5000 (in the case of yellow and marked with a yellow retro-reflective as the Minister) and to the address of the in (a) (4). licensee set out above (in the case of the licensee); (4) All buoys, posts, crosses and markers must be maintained in good condition. 21.1.2 signed by or on behalf of the sender or by a person duly authorised in that regard by the When the site is in navigable water and possible danger to sender; 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 21.1.3 deemed to be duly served or made in the must be yellow in colour and flashing once every 4 seconds and following circumstances: visible over an arc of 360 degrees for a distance of at least one (a) if delivered, upon delivery; mile. (b) if sending by mail, upon posting; Item 2—Marked-Off Areas (c) if sent by facsimile transmission, upon [Co-ordinates of developed areas within the site to be provided the sender’s facsimile producing a by the licensee.] transmission report that the facsimile White buoys of at least 12 inches in diameter must be placed was satisfactorily sent in its entirety to around the whole of the perimeter of the developed areas within the addressee’s facsimile number, the site at a distance of no less than 50 m from one another. but if delivery is not made before 5 p.m. on any day it shall be deemed to be received at 9 a.m. on the next day in that place. 21.2 The Minister and the licensee may each vary their address or facsimile number at any time by written notice. Granted on behalf of the Minister by Director of Fisheries, delegate of the Minister, on 21 April 1999. 2410 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

SCHEDULE 2 14. Method of disposal of diseased or dead fish and the number disposed of. Item 1¾Permitted Species The Director of Fisheries has, pursuant to section 50 (2) of the 15. Signature, date and telephone number. Act, issued a permit for the release of the fish specified in this 16. Use of any chemicals for fish husbandry—type of Schedule. chemical and quantity used, purpose and date of use. Native Oysters (Ostrea angasi) Pacific Oysters (Crassostrea gigas) FISHERIES ACT 1982 ¾ Item 2 Permitted Farming Methods MARINE MOLLUSC FARMING LICENCE FM00060 The Director of Fisheries has, pursuant to section 48G (2) of (PREVIOUS LICENCE NO. F717) the Act, issued a permit to disturb the seabed for the purpose of installing the structures specified in this Schedule. Licence to Farm Fish under section 53 of the Fisheries Act 1982 Racks WHEREAS the Director of Fisheries has, pursuant to section Longlines 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to Each unit must not exceed 100 m in length and 2 m in width, the undermentioned licensee to release the fish specified in and each unit must be at least 6 m from any other unit. Item 1 of Schedule 2 of this licence (‘the permitted species’) and, ¾ pursuant to section 48G (2) of the Act, the Director of Fisheries Item 3 Stocking Rates has also issued a permit to disturb the seabed for the purpose of Oysters installing structures necessary for the licensed activity at the Size (mm) Number per Hectare undermentioned site, the Minister for Primary Industries, Natural Resources and Regional Development (‘the Minister’) hereby 3 2 500 000 grants to: 10 1 600 000 20 1 100 000 Evans Oysters Pty Ltd 30 750 000 P.O. Box 44 40 500 000 Streaky Bay, S.A. 5680, 50 350 000 a non-exclusive licence to occupy and use the waters specified in 60 200 000 Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of 70 150 000 farming and taking the permitted species (‘the permitted use’) for 80 100 000 the period commencing on 1 January 1999 and ending, subject to SCHEDULE 3 any earlier termination under this licence, on 30 June 1999 (‘the term’) subject to the following terms and conditions: Item 1—Fees CONDITIONS OF THIS LICENCE $ 1. Licence Environmental Monitoring Program 10 $20 each...... 200.00 SASQAP (Classified Area) 10 at $37 each ...... 370.00 The parties acknowledge and agree that: Base Licence Fee...... 328.00 1.1 the rights, powers and privileges granted to or vested in Fisheries Research and Development Corporation the licensee under this licence are contractual only and Levy...... 92.60 shall not create or vest in the licensee any estate, Total Annual Licence Fee ...... 990.60 interest or right of a proprietary nature in the site; and Item 2—Public Risk Insurance 1.2 that, subject to section 53A of the Fisheries Act 1982, Five million dollars ($5 000 000). this licence does not entitle the licensee to exclusive rights of entry to and occupation of the site and that SCHEDULE 4 the rights granted by this licence are exercisable by the Returns licensee in common with any other occupiers of the site from time to time. The licensee must submit the following information to the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 2. Marked-off Areas Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and For the purposes of section 53A of the Fisheries Act 1982, the 31 July during the term of this licence: marked-off areas within the site is that area or those areas 1. Name of licensee. marked-off or indicated in the manner set out in Item 2 of Schedule 1 of this licence. 2. Address of licensee. 3. Permitted Species 3. Species of fish farmed and held on the site. The licensee: 4. Location of aquaculture operation. 3.1 must not farm or introduce any species at the site other 5. Period covered by return. than the permitted species; and 6. Number of life stage of each species of fish held. 3.2 must not take any wild fish from the site except for 7. Number, weight and value of each species of fish held. recreational purposes. 8. Details of any disease detected in any fish kept. 4. Permitted Use 9. Source (whether interstate or intrastate) of any stock The licensee must not use the site for any purpose other than acquired and date of acquisition (if relevant, include name the permitted use. of authority that provided certification that stock was 5. Permitted Methods free from disease). The licensee: 10. If any fish were brought into the state, the number of fish and the life stage of the fish. 5.1 must not stock the permitted species at a rate greater than that specified in Schedule 2 of this licence; 11. If fish were brought into the state, the purpose for which they were brought in. 5.2 must not use the anti-fouling chemical tributyltin (TBT) on any equipment used at the site; 12. Method of disposal of water and packaging use for transporting the fish. 5.3 must not use any chemical or drug for either therapeutic or prophylactic purpose except with the prior approval 13. If any disease or symptom of disease occurred in the of the Minister; acquired fish. 5.4 must apply the permitted farming methods set out in Item 2 of Schedule 2 of this licence. 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2411

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 2412 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

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. person duly authorised in that regard by the Interpretation 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: 16.1 any word importing the plural includes the singular (a) 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 ; was satisfactorily sent in its entirety to vice versa 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 on behalf of the Minister by Director of Fisheries, amending, consolidating or replacing the statutes delegate of the Minister, on 24 April 1999. referred to; G. MORGAN, Director of Fisheries 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 Evans Oysters Pty Ltd was hereunto 16.8 time is of the essence in respect of any obligation affixed in the presence of: relating to time in this licence. (L.S.) T. P. EVANS, Director 17. Delegation R. A. EVANS, Witness Any consent, notice, any consultation or any other thing which is pursuant to the terms of this licence either required to be SCHEDULE 1 given, done or performed or which may be given, done or Item 1—The Site performed by the Minister may for the purposes of this licence be properly given, done or performed by any duly authorised agent Area applicable to this licence: or employee of the Minister. Licensed Area Licensed 18. Severance Hectares Zone 53 If any term or condition of this licence should be for any 424950E 6372505N 134°11¢54² -32°46¢57² 10 reason unlawful, void, invalid or unenforceable then the offending 425139E 6372573N 134°12¢02² -32°46¢55² term or condition shall be severed from this licence without 424961E 6373040N 134°11¢55² -32°46¢40² affecting the validity or enforceability of the remainder of this 424772E 6372972N 134°11¢48² -32°46¢42² licence. All structures, equipment, buoys and flotations (except for that 19. Modification required by the Department for Transport, Urban Planning and No variation of or addition to any provision of this licence the Arts) must be black, dark grey, dark blue, dark brown, or dark shall be binding upon the Minister and the licensee unless such green coloured materials. variation or addition is made in writing, signed by both the The boundary of the site to be marked either with: Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. (a) (1) At the corners with posts extending 900 mm above mean high water springs. Such posts to be marked 20. Waiver with a St Andrews cross, each cross arm measuring 20.1 A waiver of any provision of this licence by the 900 mm from tip to tip, minimum width 75 mm. Minister must both be in writing and be signed by the (2) Posts to be not less than 125 mm in diameter. Minister or by persons duly authorised to execute such a document on the Minister’s part. (3) Posts and crosses to be painted yellow. 20.2 No waiver by the Minister of a breach of a term or (4) The ends of each cross to be marked with a condition contained in this licence shall operate as a 200 mm strip of yellow retro-reflective tape. waiver of any breach of the same or any other term (5) Between the corner posts at intervals not exceeding or condition contained in this licence. 50 m, buoys not less than 300 mm in diameter. 20.3 No forbearance, delay or indulgence by the Minister (6) All buoys, posts, crosses and markers must be in enforcing the provisions of this licence shall maintained in good condition. prejudice or restrict the rights of the Minister. or 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2413

(b) (1) At each corner, yellow spar buoys with a St FISHERIES ACT 1982 Andrews cross as a top mark placed at least MARINE MOLLUSC FARMING LICENCE FM00061 900 mm above the buoy, cross arms 900 mm long x (PREVIOUS LICENCE NO. F718) 75 mm wide. (2) At distances not exceeding 50 m between the Licence to Farm Fish under section 53 of the Fisheries corner spar buoys, yellow spherical buoys not less Act 1982 than 300 mm in diameter. WHEREAS the Director of Fisheries has, pursuant to section 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to (3) The buoys and topmarks must all be coloured the undermentioned licensee to release the fish specified in yellow and marked with a yellow retro-reflective as Item 1 of Schedule 2 of this licence (‘the permitted species’) and, in (a) (4). pursuant to section 48G (2) of the Act, the Director of Fisheries (4) All buoys, posts, crosses and markers must be has also issued a permit to disturb the seabed for the purpose of maintained in good condition. installing structures necessary for the licensed activity at the undermentioned site, the Minister for Primary Industries, Natural When the site is in navigable water and possible danger to Resources and Regional Development (‘the Minister’) hereby navigation, lights must be placed on the top of each St Andrews grants to: 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 Evans Oysters Pty Ltd visible over an arc of 360 degrees for a distance of at least one P.O. Box 44 mile. Streaky Bay, S.A. 5680, Item 2—Marked-Off Areas a non-exclusive licence to occupy and use the waters specified in [Co-ordinates of developed areas within the site to be provided Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of by the licensee.] farming and taking the permitted species (‘the permitted use’) for the period commencing on 1 January 1999 and ending, subject to White buoys of at least 12 inches in diameter must be placed any earlier termination under this licence, on 30 June 1999 (‘the around the whole of the perimeter of the developed areas within term’) subject to the following terms and conditions: the site at a distance of no less than 50 m from one another. CONDITIONS OF THIS LICENCE SCHEDULE 2 1. Licence Item 1¾Permitted Species The parties acknowledge and agree that: The Director of Fisheries has, pursuant to section 50 (2) of the 1.1 the rights, powers and privileges granted to or vested in Act, issued a permit for the release of the fish specified in this the licensee under this licence are contractual only and Schedule. shall not create or vest in the licensee any estate, Pacific Oysters (Crassostrea gigas) interest or right of a proprietary nature in the site; and Item 2¾Permitted Farming Methods 1.2 that, subject to section 53A of the Fisheries Act 1982, this licence does not entitle the licensee to exclusive The Director of Fisheries has, pursuant to section 48G (2) of rights of entry to and occupation of the site and that the Act, issued a permit to disturb the seabed for the purpose of the rights granted by this licence are exercisable by the installing the structures specified in this Schedule. licensee in common with any other occupiers of the site Longlines from time to time. Each unit must not exceed 100 m in length and 2 m in width, 2. Marked-off Areas and each unit must be at least 6 m from any other unit. For the purposes of section 53A of the Fisheries Act 1982, the Item 3¾Stocking Rates marked-off areas within the site is that area or those areas marked-off or indicated in the manner set out in Item 2 of Oysters Schedule 1 of this licence. Size (mm) Number per Hectare 3. Permitted Species 3 2 500 000 The licensee: 10 1 600 000 20 1 100 000 3.1 must not farm or introduce any species at the site other 30 750 000 than the permitted species; and 40 500 000 3.2 must not take any wild fish from the site except for 50 350 000 recreational purposes. 60 200 000 70 150 000 4. Permitted Use 80 100 000 The licensee must not use the site for any purpose other than SCHEDULE 3 the permitted use. Item 1—Fees 5. Permitted Methods $ The licensee: Environmental Monitoring Program 10 $20 each...... 200.00 5.1 must not stock the permitted species at a rate greater SASQAP (Classified Area) 10 at $37 each ...... 370.00 than that specified in Schedule 2 of this licence; Base Licence Fee...... 328.00 Fisheries Research and Development Corporation 5.2 must not use the anti-fouling chemical tributyltin (TBT) Levy...... 92.60 on any equipment used at the site; Total Annual Licence Fee ...... 990.60 5.3 must not use any chemical or drug for either therapeutic or prophylactic purpose except with the prior approval Item 2—Public Risk Insurance of the Minister; Five million dollars ($5 000 000). 5.4 must apply the permitted farming methods set out in Item 2 of Schedule 2 of this licence. 2414 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

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 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2415

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. person duly authorised in that regard by the Interpretation 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: 16.1 any word importing the plural includes the singular (a) 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 ; was satisfactorily sent in its entirety to vice versa 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 on behalf of the Minister by Director of Fisheries, amending, consolidating or replacing the statutes delegate of the Minister, on 24 April 1999. referred to; G. MORGAN, Director of Fisheries 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 Evans Oysters Pty Ltd was hereunto 16.8 time is of the essence in respect of any obligation affixed in the presence of: relating to time in this licence. (L.S.) T. P. EVANS, Director 17. Delegation R. A. EVANS, Witness Any consent, notice, any consultation or any other thing which is pursuant to the terms of this licence either required to be SCHEDULE 1 given, done or performed or which may be given, done or Item 1—The Site performed by the Minister may for the purposes of this licence be properly given, done or performed by any duly authorised agent Area applicable to this licence: or employee of the Minister. Licensed Area Licensed 18. Severance Hectares Zone 53 If any term or condition of this licence should be for any 424780E 6376814N 134°11¢49² -32°44¢37² 10 reason unlawful, void, invalid or unenforceable then the offending 425102E 6376576N 134°12¢01² -32°44¢45² term or condition shall be severed from this licence without 425324E 6376775N 134°12¢10² -32°44¢39² affecting the validity or enforceability of the remainder of this 425107E 6376982N 134°12¢02² -32°44¢32² licence. All structures, equipment, buoys and flotations (except for that 19. Modification required by the Department for Transport, Urban Planning and No variation of or addition to any provision of this licence the Arts) must be black, dark grey, dark blue, dark brown, or dark shall be binding upon the Minister and the licensee unless such green coloured materials. variation or addition is made in writing, signed by both the The boundary of the site to be marked either with: Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. (a) (1) At the corners with posts extending 900 mm above mean high water springs. Such posts to be marked 20. Waiver with a St Andrews cross, each cross arm measuring 20.1 A waiver of any provision of this licence by the 900 mm from tip to tip, minimum width 75 mm. Minister must both be in writing and be signed by the (2) Posts to be not less than 125 mm in diameter. Minister or by persons duly authorised to execute such a document on the Minister’s part. (3) Posts and crosses to be painted yellow. 20.2 No waiver by the Minister of a breach of a term or (4) The ends of each cross to be marked with a condition contained in this licence shall operate as a 200 mm strip of yellow retro-reflective tape. waiver of any breach of the same or any other term (5) Between the corner posts at intervals not exceeding or condition contained in this licence. 50 m, buoys not less than 300 mm in diameter. 20.3 No forbearance, delay or indulgence by the Minister (6) All buoys, posts, crosses and markers must be in enforcing the provisions of this licence shall maintained in good condition. prejudice or restrict the rights of the Minister. or 2416 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

(b) (1) At each corner, yellow spar buoys with a St SCHEDULE 4 Andrews cross as a top mark placed at least 900 mm above the buoy, cross arms 900 mm long x Returns 75 mm wide. The licensee must submit the following information to the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 (2) At distances not exceeding 50 m between the Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and corner spar buoys, yellow spherical buoys not less 31 July during the term of this licence: than 300 mm in diameter. 1. Name of licensee. (3) The buoys and topmarks must all be coloured yellow and marked with a yellow retro-reflective as 2. Address of licensee. in (a) (4). 3. Species of fish farmed and held on the site. (4) 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 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 visible over an arc of 360 degrees for a distance of at least one 8. Details of any disease detected in any fish kept. mile. 9. Source (whether interstate or intrastate) of any stock Item 2—Marked-Off Areas acquired and date of acquisition (if relevant, include name 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 the site at a distance of no less than 50 m from one another. 11. If fish were brought into the state, the purpose for which they were brought in. SCHEDULE 2 12. Method of disposal of water and packaging use for Item 1¾Permitted Species transporting the fish. The Director of Fisheries has, pursuant to section 50 (2) of the 13. If any disease or symptom of disease occurred in the Act, issued a permit for the release of the fish specified in this acquired fish. Schedule. 14. Method of disposal of diseased or dead fish and the Pacific Oysters (Crassostrea gigas) number disposed of. Item 2¾Permitted Farming Methods 15. Signature, date and telephone number. The Director of Fisheries has, pursuant to section 48G (2) of 16. Use of any chemicals for fish husbandry—type of the Act, issued a permit to disturb the seabed for the purpose of chemical and quantity used, purpose and date of use. installing the structures specified in this Schedule. Longlines Each unit must not exceed 100 m in length and 2 m in width, FISHERIES ACT 1982 and each unit must be at least 6 m from any other unit. MARINE MOLLUSC FARMING LICENCE FM00074 Item 3¾Stocking Rates (PREVIOUS LICENCE NO. F736) Oysters Licence to Farm Fish under section 53 of the Fisheries Size (mm) Number per Hectare Act 1982 3 2 500 000 WHEREAS the Director of Fisheries has, pursuant to section 10 1 600 000 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to 20 1 100 000 the undermentioned licensee to release the fish specified in 30 750 000 Item 1 of Schedule 2 of this licence (‘the permitted species’) and, 40 500 000 pursuant to section 48G (2) of the Act, the Director of Fisheries 50 350 000 has also issued a permit to disturb the seabed for the purpose of 60 200 000 installing structures necessary for the licensed activity at the 70 150 000 undermentioned site, the Minister for Primary Industries, Natural 80 100 000 Resources and Regional Development (‘the Minister’) hereby grants to: SCHEDULE 3 Theo and Debra Eleftheriou Item 1—Fees 11 Phillip Street $ Somerton Park, S.A. 5044, Environmental Monitoring Program 10 $20 each...... 200.00 SASQAP (Classified Area) 10 at $37 each ...... 370.00 a non-exclusive licence to occupy and use the waters specified in Base Licence Fee...... 328.00 Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of Fisheries Research and Development Corporation farming and taking the permitted species (‘the permitted use’) for Levy...... 92.60 the period commencing on 1 January 1999 and ending, subject to any earlier termination under this licence, on 30 June 1999 (‘the Total Annual Licence Fee ...... 990.60 term’) subject to the following terms and conditions: Item 2—Public Risk Insurance Five million dollars ($5 000 000). 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2417

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. reasonable grounds, that the fish taken from the Marked-off Areas 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 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 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 2418 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

15. Default by Licensee and Termination 16.7 where two or more persons are named as licensees, The Minister may terminate this licence immediately by notice this licence shall bind the licensees jointly and each of in writing served on the licensee if: them severally; and 15.1 the licensee commits or permits any breach or 16.8 time is of the essence in respect of any obligation default of the obligations imposed on the licensee by relating to time in this licence. 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. 15.2 the licensee commits or permits any further breach Severance 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 20. Waiver when they fall due or is otherwise insolvent; 20.1 A waiver of any provision of this licence by the 15.4.2 an order is made for the winding up or Minister must both be in writing and be signed by the liquidation of the licensee; Minister or by persons duly authorised to execute such a document on the Minister’s part. 15.4.3 the licensee enters into a scheme of arrangement, compromise, moratorium or 20.2 No waiver by the Minister of a breach of a term or other form of composition with its creditors condition contained in this licence shall operate as a or any class of its creditors; waiver of any breach of the same or any other term or condition contained in this licence. 15.4.4 a receiver, a manager or a receiver and manager, a company administrator or other 20.3 No forbearance, delay or indulgence by the Minister insolvency administrator is appointed to the in enforcing the provisions of this licence shall licensee; or prejudice or restrict the rights of the Minister. 15.4.5 a mortgagee, chargee or other encum- 21. Notices 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 15.5.1 becomes bankrupt or assigns its estate or Street, Adelaide, S.A. 5000 (in the case of enters into a deed of arrangement or other the Minister) and to the address of the form of composition for the benefit of the licensee set out above (in the case of the licensee’s creditors; or licensee); 15.5.2 is convicted of an indictable offence. 21.1.2 signed by or on behalf of the sender or by a 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 that the Minister may have against the licensee in 21.1.3 deemed to be duly served or made in the respect of any antecedent breach by the licensee of following circumstances: 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 16.1 any word importing the plural includes the singular was satisfactorily sent in its entirety to and vice versa; the addressee’s facsimile number, 16.2 any wording importing a gender shall include all but if delivery is not made before 5 p.m. on other genders; any day it shall be deemed to be received at 9 a.m. on the next day in that place. 16.3 a reference to a body corporate shall include a natural person and vice versa; 21.2 The Minister and the licensee may each vary their 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, Schedule or Annexure of this licence; Granted on behalf of the Minister by Director of Fisheries, delegate of the Minister, on 21 April 1999. 16.5 the captions, headings, section numbers and clause numbers appearing in this licence are inserted only as G. MORGAN, Director of Fisheries 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 D. ELEFTHERIOU amending, consolidating or replacing the statutes referred to; In the presence of: N. SYRIANOS, Witness SCHEDULE 1 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2419

Item 1—The Site Item 2¾Permitted Farming Methods Area applicable to this licence: The Director of Fisheries has, pursuant to section 48G (2) of Licensed Area Licensed the Act, issued a permit to disturb the seabed for the purpose of Hectares installing the structures specified in this Schedule. Zone 53 Racks 365071E 6441648N 133°34¢09² -32°09¢12² 10 Longlines 365439E 6441983N 133°34¢23² -32°09¢01² Each unit must not exceed 100 m in length and 2 m in width, 365575E 6441840N 133°34¢28² -32°09¢06² and each unit must be at least 6 m from any other unit. 365210E 6441498N 133°34¢14² -32°09¢17² Item 3¾Stocking Rates All structures, equipment, buoys and flotations (except for that required by the Department for Transport, Urban Planning and Oysters the Arts) must be black, dark grey, dark blue, dark brown, or dark Size (mm) Number per Hectare green coloured materials. 3 2 500 000 The boundary of the site to be marked either with: 10 1 600 000 20 1 100 000 (a) (1) At the corners with posts extending 900 mm above 30 750 000 mean high water springs. Such posts to be marked 40 500 000 with a St Andrews cross, each cross arm measuring 50 350 000 900 mm from tip to tip, minimum width 75 mm. 60 200 000 (2) Posts to be not less than 125 mm in diameter. 70 150 000 (3) Posts and crosses to be painted yellow. 80 100 000 (4) The ends of each cross to be marked with a SCHEDULE 3 200 mm strip of yellow retro-reflective tape. Item 1—Fees (5) Between the corner posts at intervals not exceeding $ 50 m, buoys not less than 300 mm in diameter. Environmental Monitoring Program 10 at $20 each ..... 200.00 (6) All buoys, posts, crosses and markers must be SASQAP (Classified Area) 10 at $37 each...... 370.00 maintained in good condition. Base Licence Fee ...... 328.00 Fisheries Research and Development Corporation or Levy ...... 92.60 (b) (1) At each corner, yellow spar buoys with a St Total Annual Licence Fee...... 990.60 Andrews cross as a top mark placed at least Item 2—Public Risk Insurance 900 mm above the buoy, cross arms 900 mm long x 75 mm wide. Five million dollars ($5 000 000). (2) At distances not exceeding 50 m between the SCHEDULE 4 corner spar buoys, yellow spherical buoys not less Returns than 300 mm in diameter. The licensee must submit the following information to the (3) The buoys and topmarks must all be coloured Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 yellow and marked with a yellow retro-reflective as Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and in (a) (4). 31 July during the term of this licence: (4) All buoys, posts, crosses and markers must be 1. Name of licensee. maintained in good condition. 2. Address of licensee. When the site is in navigable water and possible danger to navigation, lights must be placed on the top of each St Andrews 3. Species of fish farmed and held on the site. cross that is located at each corner of the site and these lights 4. Location of aquaculture operation. 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 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). SCHEDULE 2 10. If any fish were brought into the state, the number of Item 1¾Permitted Species fish and the life stage of the fish. The Director of Fisheries has, pursuant to section 50 (2) of the 11. If fish were brought into the state, the purpose for which Act, issued a permit for the release of the fish specified in this they were brought in. Schedule. 12. Method of disposal of water and packaging use for Native Oysters (Ostrea angasi) transporting the fish. Pacific Oysters (Crassostrea gigas) 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. 2420 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

FISHERIES ACT 1982 6.2 must remove and lawfully dispose of any waste or debris on the site as soon as is reasonably practicable and in MARINE MOLLUSC FARMING LICENCE FM00104 particular must comply with any guidelines issued from (PREVIOUS LICENCE NO. F780) time to time by the Minister in relation to the removal Licence to Farm Fish under section 53 of the Fisheries from the site of any unhealthy or dead fish; Act 1982 6.3 must maintain all buoys, crosses, and markers on the site WHEREAS the Director of Fisheries has, pursuant to section in good condition and in accordance with the colours 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to specified in Schedule 1 of this licence; and the undermentioned licensee to release the fish specified in Item 1 of Schedule 2 of this licence (‘the permitted species’) and, 6.4 must mark the site boundary in accordance with the pursuant to section 48G (2) of the Act, the Director of Fisheries specifications in Schedule 1 of this licence. has also issued a permit to disturb the seabed for the purpose of 7. Site Inspection and Supervision installing structures necessary for the licensed activity at the The licensee: undermentioned site, the Minister for Primary Industries, Natural Resources and Regional Development (‘the Minister’) hereby 7.1 must at all times permit the Minister, his employees, grants to: agents or contractors or any employees, agents or contractors of the Crown to enter the site for the Trevor R. Bishop purposes of inspecting the site, the sea floor and the 105 Princes Highway flora and fauna on or in the vicinity of the site; and Murray Bridge, S.A. 5253, 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 the period commencing on 1 January 1999 and ending, subject to 8. Fees and Returns any earlier termination under this licence, on 30 June 1999 (‘the The licensee: term’) subject to the following terms and conditions: 8.1 must pay to the Minister the licence fee in accordance CONDITIONS OF THIS LICENCE with Item l of Schedule 3 of this licence; 1. Licence 8.2 must on or before 31 January and 31 July during the The parties acknowledge and agree that: term, submit to the Minister a return supplying all of 1.1 the rights, powers and privileges granted to or vested in the information described in Schedule 4 of this licence. the licensee under this licence are contractual only and 9. Compliance With Relevant Laws shall not create or vest in the licensee any estate, interest or right of a proprietary nature in the site; and 9.1 the licensee must at all times comply with all laws, by- laws or regulations in force which relate to the site or 1.2 that, subject to section 53A of the Fisheries Act 1982, the activities conducted in the site and with all notices, this licence does not entitle the licensee to exclusive orders or requirements lawfully given or made by any rights of entry to and occupation of the site and that authority or authorities in respect of the site; the rights granted by this licence are exercisable by the licensee in common with any other occupiers of the site 9.2 in particular, without derogating from the general from time to time. requirement under condition 9 of this licence: 2. Marked-off Areas 9.2.1 the licensee must not do or permit to be done in upon or about the site anything which in the For the purposes of section 53A of the Fisheries Act 1982, the opinion of the Minister would cause or contribute marked-off areas within the site is that area or those areas to the degradation or pollution of any coastal marked-off or indicated in the manner set out in Item 2 of land or the surrounding marine environment; and Schedule 1 of this licence. 9.2.2 in the event that the Minister is satisfied, on 3. Permitted Species reasonable grounds, that the fish taken from the The licensee: waters are not fit for human consumption or that consumption of fish taken from the waters could 3.1 must not farm or introduce any species at the site other present a danger to the health of the consumer, than the permitted species; and 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 permitted use as directed within the notice. 4. Permitted Use 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. officers, employees, contractors and agents from and against all Permitted Methods 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 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2421 names of the licensee and the Minister in which the limits of 15.5 if the licensee is an individual, the licensee: public risk shall not be less than the amount specified in Item 2 of 15.5.1 becomes bankrupt or assigns its estate or Schedule 3 of this licence, or such further amount as the Minister enters into a deed of arrangement or other may from time to time reasonably require, as the amount which form of composition for the benefit of the may be paid out in respect of any one single claim and a policy of licensee’s creditors; or insurance or copy thereof or a certificate of insurance shall be produced by the licensee to the Minister on request in writing 15.5.2 is convicted of an indictable offence. being made by the Minister for its production. Termination of this licence by the Minister shall be 13. Guarantee or Indemnity Scheme without prejudice to any rights, remedies or actions that the Minister may have against the licensee in The licensee must either: respect of any antecedent breach by the licensee of 13.1 provide a guarantee from its bankers; or the terms and conditions contained in this licence. 13.2 contribute to an indemnity scheme established for 16. Interpretation the aquaculture and fisheries industry and approved by Subject to any inconsistency of subject or context, the the Minister, following rules of construction shall be used in the interpretation to and in favour of and for the benefit of the Minister by way of of this licence: security for the due and punctual performance by the licensee of 16.1 any word importing the plural includes the singular the terms and conditions of this licence and in particular the and ; obligations of the licensee to rehabilitate the site immediately vice versa prior to the expiration or sooner determination of the term of 16.2 any wording importing a gender shall include all this licence. Such guarantee or indemnity scheme must have other genders; effect from the date of commencement of the term. 16.3 a reference to a body corporate shall include a 14. No Assignment natural person and vice versa; The licensee acknowledges that this licence is personal and it 16.4 a reference to a recital, party, clause, Schedule or must not assign or sublet or deal in any other way with any Annexure is a reference to a recital, party, clause, interest in this licence. Schedule or Annexure of this licence; 15. Default by Licensee and Termination 16.5 the captions, headings, section numbers and clause numbers appearing in this licence are inserted only as The Minister may terminate this licence immediately by notice a matter of convenience and in no way affect the in writing served on the licensee if: construction of this licence; 15.1 the licensee commits or permits any breach or 16.6 a reference to a statute shall include all statutes default of the obligations imposed on the licensee by amending, consolidating or replacing the statutes this licence, and following the giving by the Minister referred to; of written notice of such breach or default, the licensee either fails to rectify such breach or default 16.7 where two or more persons are named as licensees, within one calendar month of the date of such notice this licence shall bind the licensees jointly and each of (or earlier if the circumstances require) or fails to them severally; and make diligent progress towards rectifying any such 16.8 time is of the essence in respect of any obligation breach which is incapable of rectification within the relating to time in this licence. time so limited; or 17. Delegation 15.2 the licensee commits or permits any further breach 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 If any term or condition of this licence should be for any the licensee that it is outstanding; or 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 licence. 15.4.1 the licensee is unable to pay its debts as and 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 variation or addition is made in writing, signed by both the 15.4.3 the licensee enters into a scheme of Minister and the licensee and expressed to be either supplemental arrangement, compromise, moratorium or to or in substitution for the whole or a part of this licence. other form of composition with its creditors 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 2422 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

20.3 No forbearance, delay or indulgence by the Minister The boundary of the site to be marked either with: in enforcing the provisions of this licence shall (a) (1) At the corners with posts extending 900 mm above prejudice or restrict the rights of the Minister. mean high water springs. Such posts to be marked 21. Notices with a St Andrews cross, each cross arm measuring 21.1 Notices may be served by delivering the same 900 mm from tip to tip, minimum width 75 mm. personally, by mail or facsimile transmission and shall (2) Posts to be not less than 125 mm in diameter. be: (3) Posts and crosses to be painted yellow. 21.1.1 in writing addressed to the Director of (4) The ends of each cross to be marked with a Fisheries, PIRSA, 16th Floor, 25 Grenfell 200 mm strip of yellow retro-reflective tape. Street, Adelaide, S.A. 5000 (in the case of the Minister) and to the address of the (5) Between the corner posts at intervals not exceeding licensee set out above (in the case of the 50 m, buoys not less than 300 mm in diameter. licensee); (6) All buoys, posts, crosses and markers must be 21.1.2 signed by or on behalf of the sender or by a maintained in good condition. person duly authorised in that regard by the or sender; (b) (1) At each corner, yellow spar buoys with a St 21.1.3 deemed to be duly served or made in the Andrews cross as a top mark placed at least following circumstances: 900 mm above the buoy, cross arms 900 mm long x (a) if delivered, upon delivery; 75 mm wide. (b) if sending by mail, upon posting; (2) At distances not exceeding 50 m between the corner spar buoys, yellow spherical buoys not less (c) if sent by facsimile transmission, upon than 300 mm in diameter. the sender’s facsimile producing a transmission report that the facsimile (3) The buoys and topmarks must all be coloured was satisfactorily sent in its entirety to yellow and marked with a yellow retro-reflective as the addressee’s facsimile number, in (a) (4). but if delivery is not made before 5 p.m. on (4) All buoys, posts, crosses and markers must be any day it shall be deemed to be received at maintained in good condition. 9 a.m. on the next day in that place. When the site is in navigable water and possible danger to 21.2 The Minister and the licensee may each vary their navigation, lights must be placed on the top of each St Andrews address or facsimile number at any time by written cross that is located at each corner of the site and these lights notice. must be yellow in colour and flashing once every 4 seconds and 22. visible over an arc of 360 degrees for a distance of at least one SASQAP mile. 22.1 The Licensee: Item 2—Marked-Off Areas 22.1.1 must submit to the Manager, South [Co-ordinates of developed areas within the site to be provided Australian Shellfish Quality Assurance by the licensee.] Program (‘SASQAP’) for testing such sample as the manager, SASQAP requires of White buoys of at least 12 inches in diameter must be placed the fish farmed at the Site and specified in around the whole of the perimeter of the developed areas within Item 1.1 of Schedule 2; the site at a distance of no less than 50 m from one another. 22.1.2 must comply with all reasonable SCHEDULE 2 requirements of the Manager, SASQAP in Item 1¾Permitted Species relation 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 on behalf of the Minister by Director of Fisheries, Pacific Oysters (Crassostrea gigas) delegate of the Minister, on 16 April 1999. Item 2¾Permitted Farming Methods G. MORGAN, Director of Fisheries The Director of Fisheries has, pursuant to section 48G (2) of The licensee hereby acknowledges and agrees to the terms and the Act, issued a permit to disturb the seabed for the purpose of conditions of this licence. installing the structures specified in this Schedule. Signed by the said T. BISHOP Longlines In the presence of: H. BISHOP, Witness Each unit must not exceed 100 m in length and 2 m in width, SCHEDULE 1 and each unit must be at least 6 m from any other unit. Item 1—The Site Item 3¾Stocking Rates Area applicable to this licence: Oysters Licensed Area Licensed Size (mm) Number per Hectare Hectares 3 2 500 000 Zone 53 10 1 600 000 756173E 6136744N 137°48¢10² -34°52¢45² 10 20 1 100 000 756006E 6136276N 137°48¢04² -34°53¢00² 30 750 000 755814E 6136335N 137°47¢56² -34°52¢59² 40 500 000 755982E 6136806N 137°48¢02² -34°52¢43² 50 350 000 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 green coloured materials. 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2423

SCHEDULE 3 1.1 the rights, powers and privileges granted to or vested in the licensee under this licence are contractual only and Item 1—Fees shall not create or vest in the licensee any estate, $ interest or right of a proprietary nature in the site; and Environmental Monitoring Program 10 at $20 each 200.00 SASQAP (Non-Classified Area) 10 at $134 each ...... 1 340.00 1.2 that, subject to section 53A of the Fisheries Act 1982, Base Licence Fee...... 328.00 this licence does not entitle the licensee to exclusive Fisheries Research and Development Corporation rights of entry to and occupation of the site and that Levy...... 92.60 the rights granted by this licence are exercisable by the licensee in common with any other occupiers of the site Total Annual Licence Fee ...... 1 960.60 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 marked-off or indicated in the manner set out in Item 2 of Returns Schedule 1 of this licence. The licensee must submit the following information to the 3. Permitted Species Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 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 recreational purposes. 3. Species of fish farmed and held on the site. 4. Permitted Use 4. Location of aquaculture operation. The licensee must not use the site for any purpose other than 5. Period covered by return. 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 5.2 must not use the anti-fouling chemical tributyltin (TBT) of authority that provided certification that stock was on any equipment used at the site; free from disease). 5.3 must not use any chemical or drug for either therapeutic 10. If any fish were brought into the state, the number of or prophylactic purpose except with the prior approval fish and the life stage of the fish. of the Minister; 11. If fish were brought into the state, the purpose for which 5.4 must apply the permitted farming methods set out in they were brought in. Item 2 of Schedule 2 of this licence. 12. Method of disposal of water and packaging use for 6. Marking and Maintaining the Site transporting the fish. The licensee: 13. If any disease or symptom of disease occurred in the acquired fish. 6.1 must ensure that the site is maintained in a good, tidy and safe condition to the satisfaction of the Minister; 14. Method of disposal of diseased or dead fish and the number disposed of. 6.2 must remove and lawfully dispose of any waste or debris on the site as soon as is reasonably practicable and in 15. Signature, date and telephone number. particular must comply with any guidelines issued from 16. Use of any chemicals for fish husbandry—type of time to time by the Minister in relation to the removal chemical and quantity used, purpose and date of use. from the site of any unhealthy or dead fish; 6.3 must maintain all buoys, crosses, and markers on the site in good condition and in accordance with the colours FISHERIES ACT 1982 specified in Schedule 1 of this licence; and MARINE MOLLUSC FARMING LICENCE FM00105 6.4 must mark the site boundary in accordance with the (PREVIOUS LICENCE NO. F781) specifications in Schedule 1 of this licence. Licence to Farm Fish under section 53 of the Fisheries 7. Site Inspection and Supervision Act 1982 The licensee: WHEREAS the Director of Fisheries has, pursuant to section 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to 7.1 must at all times permit the Minister, his employees, the undermentioned licensee to release the fish specified in agents or contractors or any employees, agents or Item 1 of Schedule 2 of this licence (‘the permitted species’) and, contractors of the Crown to enter the site for the pursuant to section 48G (2) of the Act, the Director of Fisheries purposes of inspecting the site, the sea floor and the has also issued a permit to disturb the seabed for the purpose of flora and fauna on or in the vicinity of the site; and installing structures necessary for the licensed activity at the 7.2 must comply with all reasonable directions of any such undermentioned site, the Minister for Primary Industries, Natural person authorised by the Director of Fisheries to inspect Resources and Regional Development (‘the Minister’) hereby the conduct of the licensee’s activities at the site. grants to: 8. Fees and Returns Roger C. Vince Pt Vincent Road The licensee: Stansbury, S.A. 5582, 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 January 1999 and ending, subject to the information described in Schedule 4 of this licence. any earlier termination under this licence, on 30 June 1999 (‘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: 2424 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

orders or requirements lawfully given or made by any 15. Default by Licensee and Termination authority or authorities in respect of the site; The Minister may terminate this licence immediately by notice 9.2 in particular, without derogating from the general in writing served on the licensee if: requirement under condition 9 of this licence: 15.1 the licensee commits or permits any breach or 9.2.1 the licensee must not do or permit to be done in default of the obligations imposed on the licensee by upon or about the site anything which in the this licence, and following the giving by the Minister opinion of the Minister would cause or contribute of written notice of such breach or default, the to the degradation or pollution of any coastal licensee either fails to rectify such breach or default land or the surrounding marine environment; and within one calendar month of the date of such notice 9.2.2 in the event that the Minister is satisfied, on (or earlier if the circumstances require) or fails to reasonable grounds, that the fish taken from the make diligent progress towards rectifying any such waters are not fit for human consumption or that breach which is incapable of rectification within the consumption of fish taken from the waters could time so limited; or present a danger to the health of the consumer, 15.2 the licensee commits or permits any further breach the licensee must, in accordance with a written or default of the obligations imposed on the licensee notice from the Minister, cease or suspend the by this licence for which the Minister has previously conduct of the permitted use or else conduct the given notice in writing of such breach or default permitted use as directed within the notice. pursuant to paragraph 1 of condition 15.1 notwith- 10. standing rectification of the previous breach or Public Risk Liability default; or The licensee must at all times indemnify the Minister, his officers, employees, contractors and agents from and against all 15.3 the licence fee referred to in condition 8 is unpaid claims, demands, actions, judgments, proceedings, damages, losses, for a period of 14 days after notice has been given to costs, charges and expenses in respect of any loss of life, personal the licensee that it is outstanding; or injury and/or damage to property caused or suffered in any 15.4 if the licensee is a body corporate, any of the manner in or about the site. following occur: 11. Release 15.4.1 the licensee is unable to pay its debts as and The licensee must use and keep the site at the risk in all things when they fall due or is otherwise insolvent; of the licensee and the licensee must release to the full extent 15.4.2 an order is made for the winding up or permitted by law the Minister, his agents, contractors and liquidation of the licensee; servants in the absence of any wilful act, omission, default or 15.4.3 the licensee enters into a scheme of neglect on their part from all claims and demands of every kind arrangement, compromise, moratorium or resulting from any accident damage or injury to persons or other form of composition with its creditors property occurring at the site, including loss or damage to the or any class of its creditors; licensee’s fixtures or personal property of the licensee. 15.4.4 a receiver, a manager or a receiver and 12. Public Risk Insurance manager, a company administrator or other The licensee shall at its own cost and expense during the term insolvency administrator is appointed to the effect and keep in full force and effect in respect of the site and licensee; or the permitted use a policy of public risk insurance in the joint 15.4.5 a mortgagee, chargee or other encum- names of the licensee and the Minister in which the limits of brancee is appointed over or takes public risk shall not be less than the amount specified in Item 2 of possession of or appoints an agent to take Schedule 3 of this licence, or such further amount as the Minister possession of all or any of the licensee’s may from time to time reasonably require, as the amount which assets; or 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 15.5 if the licensee is an individual, the licensee: produced by the licensee to the Minister on request in writing 15.5.1 becomes bankrupt or assigns its estate or being made by the Minister for its production. enters into a deed of arrangement or other 13. Guarantee or Indemnity Scheme form of composition for the benefit of the licensee’s creditors; or The licensee must either: 15.5.2 is convicted of an indictable offence. 13.1 provide a guarantee from its bankers; or Termination of this licence by the Minister shall be 13.2 contribute to an indemnity scheme established for without prejudice to any rights, remedies or actions the aquaculture and fisheries industry and approved by that the Minister may have against the licensee in the Minister, respect of any antecedent breach by the licensee of to and in favour of and for the benefit of the Minister by way of the terms and conditions contained in this licence. security for the due and punctual performance by the licensee of 16. the terms and conditions of this licence and in particular the Interpretation obligations of the licensee to rehabilitate the site immediately Subject to any inconsistency of subject or context, the prior to the expiration or sooner determination of the term of following rules of construction shall be used in the interpretation this licence. Such guarantee or indemnity scheme must have of this licence: effect from the date of commencement of the term. 16.1 any word importing the plural includes the singular 14. No Assignment and vice versa; The licensee acknowledges that this licence is personal and it 16.2 any wording importing a gender shall include all must not assign or sublet or deal in any other way with any other genders; interest in this licence. 16.3 a reference to a body corporate shall include a natural person and vice versa; 16.4 a reference to a recital, party, clause, Schedule or Annexure is a reference to a recital, party, clause, Schedule or Annexure of this licence; 16.5 the captions, headings, section numbers and clause numbers appearing in this licence are inserted only as a matter of convenience and in no way affect the construction of this licence; 16.6 a reference to a statute shall include all statutes amending, consolidating or replacing the statutes referred to; 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2425

16.7 where two or more persons are named as licensees, 22. SASQAP this licence shall bind the licensees jointly and each of 22.1 The Licensee: them severally; and 22.1.1 must submit to the Manager, South 16.8 time is of the essence in respect of any obligation Australian Shellfish Quality Assurance relating to time in this licence. Program (‘SASQAP’) for testing such 17. Delegation sample as the manager, SASQAP requires of Any consent, notice, any consultation or any other thing the fish farmed at the Site and specified in which is pursuant to the terms of this licence either required to be Item 1.1 of Schedule 2; given, done or performed or which may be given, done or 22.1.2 must comply with all reasonable require- performed by the Minister may for the purposes of this licence be ments of the Manager, SASQAP in relation properly given, done or performed by any duly authorised agent to such testing; and or employee of the Minister. 22.1.3 must obtain the written consent of the 18. Severance Manager, SASQAP, prior to making any of If any term or condition of this licence should be for any the fish farmed at the Site and specified in reason unlawful, void, invalid or unenforceable then the offending Item 1.1 of Schedule 2, available for human term or condition shall be severed from this licence without consumption. affecting the validity or enforceability of the remainder of this Granted on behalf of the Minister by Director of Fisheries, licence. delegate of the Minister, on 16 April 1999. 19. Modification G. MORGAN, Director of Fisheries No variation of or addition to any provision of this licence The licensee hereby acknowledges and agrees to the terms and shall be binding upon the Minister and the licensee unless such conditions of this licence. variation or addition is made in writing, signed by both the Signed by the said R. C. VINCE Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. In the presence of: R. L. STEWART, Witness 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 Hectares 20.2 No waiver by the Minister of a breach of a term or Zone 53 condition contained in this licence shall operate as a waiver of any breach of the same or any other term 755741E 6135998N 137°47¢53² -34°53¢10² 10 or condition contained in this licence. 755941E 6135972N 137°48¢01² -34°53¢10² 755858E 6135484N 137°47¢59² -34°53¢26² 20.3 No forbearance, delay or indulgence by the Minister 755657E 6135508N 137°47¢51² -34°53¢26² in enforcing the provisions of this licence shall prejudice or restrict the rights of the Minister. All structures, equipment, buoys and flotations (except for that required by the Department for Transport, Urban Planning and 21. Notices the Arts) must be black, dark grey, dark blue, dark brown, or dark 21.1 Notices may be served by delivering the same green coloured materials. personally, by mail or facsimile transmission and shall The boundary of the site to be marked either with: be: (a) (1) At the corners with posts extending 900 mm above 21.1.1 in writing addressed to the Director of mean high water springs. Such posts to be marked Fisheries, PIRSA, 16th Floor, 25 Grenfell with a St Andrews cross, each cross arm measuring Street, Adelaide, S.A. 5000 (in the case of 900 mm from tip to tip, minimum width 75 mm. the Minister) and to the address of the licensee set out above (in the case of the (2) Posts to be not less than 125 mm in diameter. licensee); (3) Posts and crosses to be painted yellow. 21.1.2 signed by or on behalf of the sender or by a (4) The ends of each cross to be marked with a person duly authorised in that regard by the 200 mm strip of yellow retro-reflective tape. sender; (5) Between the corner posts at intervals not exceeding 21.1.3 deemed to be duly served or made in the 50 m, buoys not less than 300 mm in diameter. following circumstances: (6) All buoys, posts, crosses and markers must be (a) if delivered, upon delivery; maintained in good condition. (b) if sending by mail, upon posting; or (c) if sent by facsimile transmission, upon (b) (1) At each corner, yellow spar buoys with a St the sender’s facsimile producing a Andrews cross as a top mark placed at least transmission report that the facsimile 900 mm above the buoy, cross arms 900 mm long x was satisfactorily sent in its entirety to 75 mm wide. the addressee’s facsimile number, (2) At distances not exceeding 50 m between the but if delivery is not made before 5 p.m. on corner spar buoys, yellow spherical buoys not less any day it shall be deemed to be received at than 300 mm in diameter. 9 a.m. on the next day in that place. (3) The buoys and topmarks must all be coloured 21.2 The Minister and the licensee may each vary their yellow and marked with a yellow retro-reflective as address or facsimile number at any time by written in (a) (4). notice. (4) All buoys, posts, crosses and markers must be maintained in good condition. 2426 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

When the site is in navigable water and 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. 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 13. If any disease or symptom of disease occurred in the the site at a distance of no less than 50 m from one another. acquired fish. SCHEDULE 2 14. Method of disposal of diseased or dead fish and the Item 1¾Permitted Species number disposed of. The Director of Fisheries has, pursuant to section 50 (2) of the 15. Signature, date and telephone number. Act, issued a permit for the release of the fish specified in this 16. Use of any chemicals for fish husbandry—type of Schedule. chemical and quantity used, purpose and date of use. Pacific Oysters (Crassostrea gigas) Item 1.1—Fish subject to SASQAP testing FISHERIES ACT 1982 Pacific Oysters (Crassostrea gigas) MARINE MOLLUSC FARMING LICENCE FM00166 Item 2¾Permitted Farming Methods Licence to Farm Fish under section 53 of the Fisheries The Director of Fisheries has, pursuant to section 48G (2) of Act 1982 the Act, issued a permit to disturb the seabed for the purpose of WHEREAS the Director of Fisheries has, pursuant to section installing the structures specified in this Schedule. 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to Longlines the undermentioned licensee to release the fish specified in Item 1 of Schedule 2 of this licence (‘the permitted species’) and, Each unit must not exceed 100 m in length and 2 m in width, pursuant to section 48G (2) of the Act, the Director of Fisheries and each unit must be at least 6 m from any other unit. has also issued a permit to disturb the seabed for the purpose of Item 3¾Stocking Rates installing structures necessary for the licensed activity at the undermentioned site, the Minister for Primary Industries, Natural Oysters Resources and Regional Development (‘the Minister’) hereby Size (mm) Number per Hectare grants to: 3 2 500 000 Trevor Bishop 10 1 600 000 105 Princes Highway 20 1 100 000 Murray Bridge, S.A. 5253, 30 750 000 40 500 000 a non-exclusive licence to occupy and use the waters specified in 50 350 000 Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of 60 200 000 farming and taking the permitted species (‘the permitted use’) for 70 150 000 the period commencing on 1 January 1999 and ending, subject to 80 100 000 any earlier termination under this licence, on 30 June 1999 (‘the term’) subject to the following terms and conditions: SCHEDULE 3 CONDITIONS OF THIS LICENCE Item 1—Fees 1. Licence $ The parties acknowledge and agree that: Environmental Monitoring Program 10 at $20 each 200.00 SASQAP (Non-Classified Area) 10 at $134 each ...... 1 340.00 1.1 the rights, powers and privileges granted to or vested in Base Licence Fee...... 328.00 the licensee under this licence are contractual only and Fisheries Research and Development Corporation shall not create or vest in the licensee any estate, Levy...... 92.60 interest or right of a proprietary nature in the site; and Total Annual Licence Fee ...... 1 960.60 1.2 that, subject to section 53A of the Fisheries Act 1982, this licence does not entitle the licensee to exclusive Item 2—Public Risk Insurance rights of entry to and occupation of the site and that Five million dollars ($5 000 000). the rights granted by this licence are exercisable by the licensee in common with any other occupiers of the site SCHEDULE 4 from time to time. Returns 2. Marked-off Areas The licensee must submit the following information to the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 For the purposes of section 53A of the Fisheries Act 1982, the Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and marked-off areas within the site is that area or those areas 31 July during the term of this licence: marked-off or indicated in the manner set out in Item 2 of Schedule 1 of this licence. 1. Name of licensee. 3. Permitted Species 2. Address of licensee. The licensee: 3. Species of fish farmed and held on the site. 3.1 must not farm or introduce any species at the site other 4. Location of aquaculture operation. than the permitted species; and 5. Period covered by return. 3.2 must not take any wild fish from the site except for 6. Number of life stage of each species of fish held. recreational purposes. 7. Number, weight and value of each species of fish held. 4. Permitted Use 8. Details of any disease detected in any fish kept. The licensee must not use the site for any purpose other than the permitted use. 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2427

5. Permitted Methods 10. Public Risk Liability The licensee: The licensee must at all times indemnify the Minister, his 5.1 must not stock the permitted species at a rate greater officers, employees, contractors and agents from and against all than that specified in Schedule 2 of this licence; claims, demands, actions, judgments, proceedings, damages, losses, costs, charges and expenses in respect of any loss of life, personal 5.2 must not use the anti-fouling chemical tributyltin (TBT) injury and/or damage to property caused or suffered in any on any equipment used at the site; manner in or about the site. 5.3 must not use any chemical or drug for either therapeutic 11. Release or prophylactic purpose except with the prior approval of the Minister; The licensee must use and keep the site at the risk in all things of the licensee and the licensee must release to the full extent 5.4 must apply the permitted farming methods set out in permitted by law the Minister, his agents, contractors and Item 2 of Schedule 2 of this licence. servants in the absence of any wilful act, omission, default or 6. Marking and Maintaining the Site neglect on their part from all claims and demands of every kind resulting from any accident damage or injury to persons or The licensee: property occurring at the site, including loss or damage to the 6.1 must ensure that the site is maintained in a good, tidy licensee’s fixtures or personal property of the licensee. and safe condition to the satisfaction of the Minister; 12. Public Risk Insurance 6.2 must remove and lawfully dispose of any waste or debris The licensee shall at its own cost and expense during the term on the site as soon as is reasonably practicable and in effect and keep in full force and effect in respect of the site and particular must comply with any guidelines issued from the permitted use a policy of public risk insurance in the joint time to time by the Minister in relation to the removal names of the licensee and the Minister in which the limits of from the site of any unhealthy or dead fish; public risk shall not be less than the amount specified in Item 2 of 6.3 must maintain all buoys, crosses, and markers on the site Schedule 3 of this licence, or such further amount as the Minister in good condition and in accordance with the colours may from time to time reasonably require, as the amount which specified in Schedule 1 of this licence; and 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 6.4 must mark the site boundary in accordance with the produced by the licensee to the Minister on request in writing specifications in Schedule 1 of this licence. being made by the Minister for its production. 7. Site Inspection and Supervision 13. Guarantee or Indemnity Scheme The licensee: The licensee must either: 7.1 must at all times permit the Minister, his employees, 13.1 provide a guarantee from its bankers; or agents or contractors or any employees, agents or contractors of the Crown to enter the site for the 13.2 contribute to an indemnity scheme established for purposes of inspecting the site, the sea floor and the the aquaculture and fisheries industry and approved by flora and fauna on or in the vicinity of the site; and the Minister, 7.2 must comply with all reasonable directions of any such to and in favour of and for the benefit of the Minister by way of person authorised by the Director of Fisheries to inspect security for the due and punctual performance by the licensee of the conduct of the licensee’s activities at the site. the terms and conditions of this licence and in particular the obligations of the licensee to rehabilitate the site immediately 8. Fees and Returns prior to the expiration or sooner determination of the term of The licensee: this licence. Such guarantee or indemnity scheme must have effect from the date of commencement of the term. 8.1 must pay to the Minister the licence fee in accordance with Item l of Schedule 3 of this licence; 14. No Assignment 8.2 must on or before 31 January and 31 July during the The licensee acknowledges that this licence is personal and it term, submit to the Minister a return supplying all of must not assign or sublet or deal in any other way with any the information described in Schedule 4 of this licence. interest in this licence. 9. Compliance With Relevant Laws 15. Default by Licensee and Termination 9.1 the licensee must at all times comply with all laws, by- The Minister may terminate this licence immediately by notice laws or regulations in force which relate to the site or in writing served on the licensee if: the activities conducted in the site and with all notices, 15.1 the licensee commits or permits any breach or orders or requirements lawfully given or made by any default of the obligations imposed on the licensee by authority or authorities in respect of the site; this licence, and following the giving by the Minister 9.2 in particular, without derogating from the general of written notice of such breach or default, the requirement under condition 9 of this licence: licensee either fails to rectify such breach or default within one calendar month of the date of such notice 9.2.1 the licensee must not do or permit to be done in (or earlier if the circumstances require) or fails to upon or about the site anything which in the make diligent progress towards rectifying any such opinion of the Minister would cause or contribute breach which is incapable of rectification within the to the degradation or pollution of any coastal time so limited; or land or the surrounding marine environment; and 15.2 the licensee commits or permits any further breach 9.2.2 in the event that the Minister is satisfied, on or default of the obligations imposed on the licensee reasonable grounds, that the fish taken from the by this licence for which the Minister has previously waters are not fit for human consumption or that given notice in writing of such breach or default consumption of fish taken from the waters could pursuant to paragraph 1 of condition 15.1 notwith- present a danger to the health of the consumer, standing rectification of the previous breach or the licensee must, in accordance with a written default; or notice from the Minister, cease or suspend the conduct of the permitted use or else conduct the 15.3 the licence fee referred to in condition 8 is unpaid permitted use as directed within the notice. for a period of 14 days after notice has been given to the licensee that it is outstanding; or 2428 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

15.4 if the licensee is a body corporate, any of the 19. Modification following occur: No variation of or addition to any provision of this licence 15.4.1 the licensee is unable to pay its debts as and shall be binding upon the Minister and the licensee unless such when they fall due or is otherwise insolvent; variation or addition is made in writing, signed by both the 15.4.2 an order is made for the winding up or Minister and the licensee and expressed to be either supplemental liquidation of the licensee; to or in substitution for the whole or a part of this licence. 15.4.3 the licensee enters into a scheme of 20. Waiver arrangement, compromise, moratorium or 20.1 A waiver of any provision of this licence by the other form of composition with its creditors Minister must both be in writing and be signed by the or any class of its creditors; Minister or by persons duly authorised to execute such 15.4.4 a receiver, a manager or a receiver and a document on the Minister’s part. manager, a company administrator or other 20.2 No waiver by the Minister of a breach of a term or insolvency administrator is appointed to the condition contained in this licence shall operate as a licensee; or waiver of any breach of the same or any other term 15.4.5 a mortgagee, chargee or other encum- or condition contained in this licence. brancee is appointed over or takes 20.3 No forbearance, delay or indulgence by the Minister possession of or appoints an agent to take in enforcing the provisions of this licence shall possession of all or any of the licensee’s prejudice or restrict the rights of the Minister. assets; or 21. Notices 15.5 if the licensee is an individual, the licensee: 21.1 Notices may be served by delivering the same 15.5.1 becomes bankrupt or assigns its estate or personally, by mail or facsimile transmission and shall enters into a deed of arrangement or other be: form of composition for the benefit of the 21.1.1 in writing addressed to the Director of licensee’s creditors; or Fisheries, PIRSA, 16th Floor, 25 Grenfell 15.5.2 is convicted of an indictable offence. Street, Adelaide, S.A. 5000 (in the case of Termination of this licence by the Minister shall be the Minister) and to the address of the without prejudice to any rights, remedies or actions licensee set out above (in the case of the that the Minister may have against the licensee in licensee); respect of any antecedent breach by the licensee of 21.1.2 signed by or on behalf of the sender or by a the terms and conditions contained in this licence. person duly authorised in that regard by the sender; 16. Interpretation Subject to any inconsistency of subject or context, the 21.1.3 deemed to be duly served or made in the following rules of construction shall be used in the interpretation following circumstances: of this licence: (a) if delivered, upon delivery; 16.1 any word importing the plural includes the singular (b) if sending by mail, upon posting; and ; vice versa (c) if sent by facsimile transmission, upon 16.2 any wording importing a gender shall include all the sender’s facsimile producing a other genders; transmission report that the facsimile 16.3 a reference to a body corporate shall include a was satisfactorily sent in its entirety to the addressee’s facsimile number, natural person and vice versa; 16.4 a reference to a recital, party, clause, Schedule or but if delivery is not made before 5 p.m. on Annexure is a reference to a recital, party, clause, any day it shall be deemed to be received at Schedule or Annexure of this licence; 9 a.m. on the next day in that place. 16.5 the captions, headings, section numbers and clause 21.2 The Minister and the licensee may each vary their numbers appearing in this licence are inserted only as address or facsimile number at any time by written a matter of convenience and in no way affect the notice. construction of this licence; 22. SASQAP 16.6 a reference to a statute shall include all statutes 22.1 The Licensee: amending, consolidating or replacing the statutes 22.1.1 must submit to the Manager, South referred to; Australian Shellfish Quality Assurance 16.7 where two or more persons are named as licensees, Program (‘SASQAP’) for testing such this licence shall bind the licensees jointly and each of sample as the manager, SASQAP requires of them severally; and the fish farmed at the Site and specified in 16.8 time is of the essence in respect of any obligation Item 1.1 of Schedule 2; relating to time in this licence. 22.1.2 must comply with all reasonable require- 17. ments of the Manager, SASQAP in relation Delegation to such testing; and Any consent, notice, any consultation or any other thing which is pursuant to the terms of this licence either required to be 22.1.3 must obtain the written consent of the given, done or performed or which may be given, done or Manager, SASQAP, prior to making any of performed by the Minister may for the purposes of this licence be the fish farmed at the Site and specified in properly given, done or performed by any duly authorised agent Item 1.1 of Schedule 2, available for human or employee of the Minister. consumption. 18. Severance If any term or condition of this licence should be for any Granted on behalf of the Minister by Director of Fisheries, reason unlawful, void, invalid or unenforceable then the offending delegate of the Minister, on 16 April 1999. term or condition shall be severed from this licence without G. MORGAN, Director of Fisheries 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. Signed by the said T. BISHOP In the presence of: H. BISHOP, Witness SCHEDULE 1 Item 1—The Site 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2429

Area applicable to this licence: Item 2¾Permitted Farming Methods Licensed Area Licensed The Director of Fisheries has, pursuant to section 48G (2) of Hectares the Act, issued a permit to disturb the seabed for the purpose of Zone 53 installing the structures specified in this Schedule. 759242E 6134610N 137°50¢13² -34°53¢51² 2.5 Longlines 759157E 6134532N 137°50¢10² -34°53¢54² 758951E 6134619N 137°50¢01² -34°53¢51² Each unit must not exceed 100 m in length and 2 m in width, 759043E 6134694N 137°50¢05² -34°53¢49² and each unit must be at least 6 m from any other unit. All structures, equipment, buoys and flotations (except for that Item 3¾Stocking Rates required by the Department for Transport, Urban Planning and Oysters the Arts) must be black, dark grey, dark blue, dark brown, or dark green coloured materials. Size (mm) Number per Hectare 3 2 500 000 The boundary of the site to be marked either with: 10 1 600 000 (a) (1) At the corners with posts extending 900 mm above 20 1 100 000 mean high water springs. Such posts to be marked 30 750 000 with a St Andrews cross, each cross arm measuring 40 500 000 900 mm from tip to tip, minimum width 75 mm. 50 350 000 60 200 000 (2) Posts to be not less than 125 mm in diameter. 70 150 000 (3) Posts and crosses to be painted yellow. 80 100 000 (4) The ends of each cross to be marked with a SCHEDULE 3 200 mm strip of yellow retro-reflective tape. Item 1—Fees (5) Between the corner posts at intervals not exceeding $ 50 m, buoys not less than 300 mm in diameter. Environmental Monitoring Program 2.50 at $20 each .. 50.00 (6) All buoys, posts, crosses and markers must be Base Licence Fee ...... 328.00 maintained in good condition. Fisheries Research and Development Corporation Levy 92.60 or Total Annual Licence Fee...... 470.60 (b) (1) At each corner, yellow spar buoys with a St Item 2—Public Risk Insurance 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 75 mm wide. SCHEDULE 4 (2) At distances not exceeding 50 m between the Returns corner spar buoys, yellow spherical buoys not less The licensee must submit the following information to the than 300 mm in diameter. Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 (3) The buoys and topmarks must all be coloured Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and yellow and marked with a yellow retro-reflective as 31 July during the term of this licence: in (a) (4). 1. Name of licensee. (4) All buoys, posts, crosses and markers must be 2. Address of licensee. maintained in good condition. 3. Species of fish farmed and held on the site. When the site is in navigable water and possible danger to navigation, lights must be placed on the top of each St Andrews 4. Location of aquaculture operation. cross that is located at each corner of the site and these lights 5. Period covered by return. must be yellow in colour and flashing once every 4 seconds and 6. Number of life stage of each species of fish held. visible over an arc of 360 degrees for a distance of at least one mile. 7. Number, weight and value of each species of fish held. Item 2—Marked-Off Areas 8. Details of any disease detected in any fish kept. [Co-ordinates of developed areas within the site to be provided 9. Source (whether interstate or intrastate) of any stock by the licensee.] acquired and date of acquisition (if relevant, include name White buoys of at least 12 inches in diameter must be placed of authority that provided certification that stock was around the whole of the perimeter of the developed areas within free from disease). the site at a distance of no less than 50 m from one another. 10. If any fish were brought into the state, the number of fish and the life stage of the fish. SCHEDULE 2 ¾ 11. If fish were brought into the state, the purpose for which Item 1 Permitted Species they were brought in. 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 12. Method of disposal of water and packaging use for Schedule. transporting the fish. Pacific Oysters 13. If any disease or symptom of disease occurred in the (Crassostrea gigas) acquired fish. Item 1.1—Fish subject to SASQAP testing 14. Method of disposal of diseased or dead fish and the Pacific Oysters (Crassostrea gigas) 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. 2430 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

FISHERIES ACT 1982 6.2 must remove and lawfully dispose of any waste or debris on the site as soon as is reasonably practicable and in MARINE MOLLUSC FARMING LICENCE FM00167 particular must comply with any guidelines issued from Licence to Farm Fish under section 53 of the Fisheries time to time by the Minister in relation to the removal Act 1982 from the site of any unhealthy or dead fish; WHEREAS the Director of Fisheries has, pursuant to section 6.3 must maintain all buoys, crosses, and markers on the site 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to in good condition and in accordance with the colours the undermentioned licensee to release the fish specified in specified in Schedule 1 of this licence; and Item 1 of Schedule 2 of this licence (‘the permitted species’) and, pursuant to section 48G (2) of the Act, the Director of Fisheries 6.4 must mark the site boundary in accordance with the has also issued a permit to disturb the seabed for the purpose of specifications in Schedule 1 of this licence. installing structures necessary for the licensed activity at the 7. Site Inspection and Supervision undermentioned site, the Minister for Primary Industries, Natural The licensee: Resources and Regional Development (‘the Minister’) hereby grants to: 7.1 must at all times permit the Minister, his employees, agents or contractors or any employees, agents or Roger C. Vince contractors of the Crown to enter the site for the Pt Vincent Road purposes of inspecting the site, the sea floor and the Stansbury, S.A. 5582, 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 January 1999 and ending, subject to any earlier termination under this licence, on 30 June 1999 (‘the 8. Fees and Returns 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 1.1 the rights, powers and privileges granted to or vested in term, submit to the Minister a return supplying all of the licensee under this licence are contractual only and the information described in Schedule 4 of this licence. shall not create or vest in the licensee any estate, 9. Compliance With Relevant Laws interest or right of a proprietary nature in the site; and 9.1 the licensee must at all times comply with all laws, by- 1.2 that, subject to section 53A of the Fisheries Act 1982, laws or regulations in force which relate to the site or this licence does not entitle the licensee to exclusive the activities conducted in the site and with all notices, rights of entry to and occupation of the site and that orders or requirements lawfully given or made by any the rights granted by this licence are exercisable by the authority or authorities in respect of the site; licensee in common with any other occupiers of the site from time to time. 9.2 in particular, without derogating from the general requirement under condition 9 of this licence: 2. Marked-off Areas 9.2.1 the licensee must not do or permit to be done in For the purposes of section 53A of the Fisheries Act 1982, the upon or about the site anything which in the marked-off areas within the site is that area or those areas opinion of the Minister would cause or contribute marked-off or indicated in the manner set out in Item 2 of to the degradation or pollution of any coastal Schedule 1 of this licence. land or the surrounding marine environment; and 3. Permitted Species 9.2.2 in the event that the Minister is satisfied, on The licensee: reasonable grounds, that the fish taken from the waters are not fit for human consumption or that 3.1 must not farm or introduce any species at the site other consumption of fish taken from the waters could than the permitted species; and present a danger to the health of the consumer, 3.2 must not take any wild fish from the site except for the licensee must, in accordance with a written recreational purposes. notice from the Minister, cease or suspend the 4. conduct of the permitted use or else conduct the Permitted Use permitted use as directed within the notice. The licensee must not use the site for any purpose other than the permitted use. 10. Public Risk Liability 5. The licensee must at all times indemnify the Minister, his Permitted Methods officers, employees, contractors and agents from and against all The licensee: claims, demands, actions, judgments, proceedings, damages, losses, 5.1 must not stock the permitted species at a rate greater costs, charges and expenses in respect of any loss of life, personal than that specified in Schedule 2 of this licence; injury and/or damage to property caused or suffered in any manner in or about the site. 5.2 must not use the anti-fouling chemical tributyltin (TBT) on any equipment used at the site; 11. Release 5.3 must not use any chemical or drug for either therapeutic The licensee must use and keep the site at the risk in all things or prophylactic purpose except with the prior approval of the licensee and the licensee must release to the full extent of the Minister; permitted by law the Minister, his agents, contractors and servants in the absence of any wilful act, omission, default or 5.4 must apply the permitted farming methods set out in neglect on their part from all claims and demands of every kind Item 2 of Schedule 2 of this licence. resulting from any accident damage or injury to persons or 6. Marking and Maintaining the Site property occurring at the site, including loss or damage to the licensee’s fixtures or personal property of the licensee. The licensee: 6.1 must ensure that the site is maintained in a good, tidy and safe condition to the satisfaction of the Minister; 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2431

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 ; the Minister, vice versa 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 2432 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

21. Notices The boundary of the site to be marked either with: 21.1 Notices may be served by delivering the same (a) (1) At the corners with posts extending 900 mm above personally, by mail or facsimile transmission and shall mean high water springs. Such posts to be marked be: with a St Andrews cross, each cross arm measuring 21.1.1 in writing addressed to the Director of 900 mm from tip to tip, minimum width 75 mm. Fisheries, PIRSA, 16th Floor, 25 Grenfell (2) Posts to be not less than 125 mm in diameter. Street, Adelaide, S.A. 5000 (in the case of (3) Posts and crosses to be painted yellow. the Minister) and to the address of the licensee set out above (in the case of the (4) The ends of each cross to be marked with a licensee); 200 mm strip of yellow retro-reflective tape. 21.1.2 signed by or on behalf of the sender or by a (5) Between the corner posts at intervals not exceeding person duly authorised in that regard by the 50 m, buoys not less than 300 mm in diameter. sender; (6) All buoys, posts, crosses and markers must be 21.1.3 deemed to be duly served or made in the maintained in good condition. following circumstances: or (a) if delivered, upon delivery; (b) (1) At each corner, yellow spar buoys with a St (b) if sending by mail, upon posting; Andrews cross as a top mark placed at least 900 mm above the buoy, cross arms 900 mm long x (c) if sent by facsimile transmission, upon 75 mm wide. the sender’s facsimile producing a transmission report that the facsimile (2) At distances not exceeding 50 m between the was satisfactorily sent in its entirety to corner spar buoys, yellow spherical buoys not less the addressee’s facsimile number, than 300 mm in diameter. but if delivery is not made before 5 p.m. on (3) The buoys and topmarks must all be coloured any day it shall be deemed to be received at yellow and marked with a yellow retro-reflective as 9 a.m. on the next day in that place. in (a) (4). 21.2 The Minister and the licensee may each vary their (4) All buoys, posts, crosses and markers must be address or facsimile number at any time by written maintained in good condition. notice. When the site is in navigable water and possible danger to 22. SASQAP navigation, lights must be placed on the top of each St Andrews 22.1 The 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 22.1.1 must submit to the Manager, South visible over an arc of 360 degrees for a distance of at least one Australian Shellfish Quality Assurance mile. Program (‘SASQAP’) for testing such sample as the manager, SASQAP requires of Item 2—Marked-Off Areas the fish farmed at the Site and specified in [Co-ordinates of developed areas within the site to be provided Item 1.1 of Schedule 2; by the licensee.] 22.1.2 must comply with all reasonable require- White buoys of at least 12 inches in diameter must be placed ments of the Manager, SASQAP in relation around the whole of the perimeter of the developed areas within to such testing; and the site at a distance of no less than 50 m from one another. 22.1.3 must obtain the written consent of the SCHEDULE 2 Manager, SASQAP, prior to making any of Item 1¾Permitted Species the fish farmed at the Site and specified in Item 1.1 of Schedule 2, available for human The Director of Fisheries has, pursuant to section 50 (2) of the consumption. Act, issued a permit for the release of the fish specified in this Schedule. Granted on behalf of the Minister by Director of Fisheries, delegate of the Minister, on 16 April 1999. Pacific Oysters (Crassostrea gigas) G. MORGAN, Director of Fisheries Item 1.1—Fish subject to SASQAP testing The licensee hereby acknowledges and agrees to the terms and Pacific Oysters (Crassostrea gigas) conditions of this licence. Item 2¾Permitted Farming Methods Signed by the said R. C. VINCE The Director of Fisheries has, pursuant to section 48G (2) of In the presence of: R. L. STEWART, Witness the Act, issued a permit to disturb the seabed for the purpose of installing the structures specified in this Schedule. SCHEDULE 1 Longlines Item 1—The Site Each unit must not exceed 100 m in length and 2 m in width, Area applicable to this licence: and each unit must be at least 6 m from any other unit. Licensed Area Licensed Item 3¾Stocking Rates Hectares Zone 53 Oysters 759157E 6134532N 137°50¢10² -34°53¢54² 2.5 Size (mm) Number per Hectare 759074E 6134455N 137°50¢06² -34°53¢57² 3 2 500 000 758863E 6134548N 137°49¢58² -34°53¢54² 10 1 600 000 758951E 6134619N 137°50¢01² -34°53¢51² 20 1 100 000 All structures, equipment, buoys and flotations (except for that 30 750 000 required by the Department for Transport, Urban Planning and 40 500 000 the Arts) must be black, dark grey, dark blue, dark brown, or dark 50 350 000 green coloured materials. 60 200 000 70 150 000 80 100 000 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2433

SCHEDULE 3 CONDITIONS OF THIS LICENCE 1. Item 1—Fees Licence $ The parties acknowledge and agree that: Environmental Monitoring Program 2.50 at $20 each.. 50.00 1.1 the rights, powers and privileges granted to or vested in Base Licence Fee...... 328.00 the licensee under this licence are contractual only and Fisheries Research and Development Corporation shall not create or vest in the licensee any estate, Levy...... 92.60 interest or right of a proprietary nature in the site; and Total Annual Licence Fee ...... 470.60 1.2 that, subject to section 53A of the Fisheries Act 1982, Item 2—Public Risk Insurance this licence does not entitle the licensee to exclusive rights of entry to and occupation of the site and that Five million dollars ($5 000 000). the rights granted by this licence are exercisable by the SCHEDULE 4 licensee in common with any other occupiers of the site from time to time. Returns 2. Marked-off Areas The licensee must submit the following information to the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 For the purposes of section 53A of the Fisheries Act 1982, the Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and marked-off areas within the site is that area or those areas 31 July during the term of this licence: marked-off or indicated in the manner set out in Item 2 of Schedule 1 of this licence. 1. Name of licensee. 3. Permitted Species 2. Address of licensee. The licensee: 3. Species of fish farmed and held on the site. 3.1 must not farm or introduce any species at the site other 4. Location of aquaculture operation. than the permitted species; and 5. Period covered by return. 3.2 must not take any wild fish from the site except for 6. Number of life stage of each species of fish held. recreational purposes. 7. Number, weight and value of each species of fish held. 4. Permitted Use 8. Details of any disease detected in any fish kept. The licensee must not use the site for any purpose other than the permitted use. 9. Source (whether interstate or intrastate) of any stock acquired and date of acquisition (if relevant, include name 5. Permitted Methods of authority that provided certification that stock was The licensee: free from disease). 5.1 must not stock the permitted species at a rate greater 10. If any fish were brought into the state, the number of than that specified in Schedule 2 of this licence; fish and the life stage of the fish. 5.2 must not use the anti-fouling chemical tributyltin (TBT) 11. If fish were brought into the state, the purpose for which on any equipment used at the site; they were brought in. 5.3 must not use any chemical or drug for either therapeutic 12. Method of disposal of water and packaging use for or prophylactic purpose except with the prior approval transporting the fish. of the Minister; 13. If any disease or symptom of disease occurred in the 5.4 must apply the permitted farming methods set out in acquired fish. Item 2 of Schedule 2 of this licence. 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 FM00177 from the site of any unhealthy or dead fish; (PREVIOUS LICENCE NO. F836) 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 Item 1 of Schedule 2 of this licence (‘the permitted species’) and, 7. Site Inspection and Supervision pursuant to section 48G (2) of the Act, the Director of Fisheries The licensee: has also issued a permit to disturb the seabed for the purpose of installing structures necessary for the licensed activity at the 7.1 must at all times permit the Minister, his employees, undermentioned site, the Minister for Primary Industries, Natural agents or contractors or any employees, agents or Resources and Regional Development (‘the Minister’) hereby contractors of the Crown to enter the site for the grants to: purposes of inspecting the site, the sea floor and the flora and fauna on or in the vicinity of the site; and Whillas, M. and A. P.O. Box 2296 7.2 must comply with all reasonable directions of any such Port Lincoln, S.A. 5606, person authorised by the Director of Fisheries to inspect the conduct of the licensee’s activities at the site. 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 8. Fees and Returns farming and taking the permitted species (‘the permitted use’) for The licensee: the period commencing on 1 April 1999 and ending, subject to any earlier termination under this licence, on 30 June 1999 (‘the 8.1 must pay to the Minister the licence fee in accordance term’) subject to the following terms and conditions: with Item l of Schedule 3 of this licence; 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 2434 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

9.1 the licensee must at all times comply with all laws, by- 15. Default by Licensee and Termination laws or regulations in force which relate to the site or The Minister may terminate this licence immediately by notice the activities conducted in the site and with all notices, in writing served on the licensee if: orders or requirements lawfully given or made by any authority or authorities in respect of the site; 15.1 the licensee commits or permits any breach or default of the obligations imposed on the licensee by 9.2 in particular, without derogating from the general this licence, and following the giving by the Minister requirement under condition 9 of this licence: of written notice of such breach or default, the 9.2.1 the licensee must not do or permit to be done in licensee either fails to rectify such breach or default upon or about the site anything which in the within one calendar month of the date of such notice opinion of the Minister would cause or contribute (or earlier if the circumstances require) or fails to to the degradation or pollution of any coastal make diligent progress towards rectifying any such land or the surrounding marine environment; and breach which is incapable of rectification within the 9.2.2 in the event that the Minister is satisfied, on time so limited; or reasonable grounds, that the fish taken from the 15.2 the licensee commits or permits any further breach waters are not fit for human consumption or that or default of the obligations imposed on the licensee consumption of fish taken from the waters could by this licence for which the Minister has previously present a danger to the health of the consumer, given notice in writing of such breach or default the licensee must, in accordance with a written pursuant to paragraph 1 of condition 15.1 notwith- notice from the Minister, cease or suspend the standing rectification of the previous breach or conduct of the permitted use or else conduct the default; or permitted use as directed within the notice. 15.3 the licence fee referred to in condition 8 is unpaid 10. Public Risk Liability for a period of 14 days after notice has been given to The licensee must at all times indemnify the Minister, his the licensee that it is outstanding; or officers, employees, contractors and agents from and against all 15.4 if the licensee is a body corporate, any of the claims, demands, actions, judgments, proceedings, damages, losses, following occur: costs, charges and expenses in respect of any loss of life, personal 15.4.1 the licensee is unable to pay its debts as and injury and/or damage to property caused or suffered in any when they fall due or is otherwise insolvent; manner in or about the site. 15.4.2 an order is made for the winding up or 11. Release liquidation of the licensee; The licensee must use and keep the site at the risk in all things 15.4.3 the licensee enters into a scheme of of the licensee and the licensee must release to the full extent arrangement, compromise, moratorium or permitted by law the Minister, his agents, contractors and other form of composition with its creditors servants in the absence of any wilful act, omission, default or or any class of its creditors; neglect on their part from all claims and demands of every kind resulting from any accident damage or injury to persons or 15.4.4 a receiver, a manager or a receiver and property occurring at the site, including loss or damage to the manager, a company administrator or other licensee’s fixtures or personal property of the licensee. insolvency administrator is appointed to the licensee; or 12. Public Risk Insurance 15.4.5 a mortgagee, chargee or other encum- The licensee shall at its own cost and expense during the term brancee is appointed over or takes effect and keep in full force and effect in respect of the site and possession of or appoints an agent to take the permitted use a policy of public risk insurance in the joint possession of all or any of the licensee’s names of the licensee and the Minister in which the limits of assets; or 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 15.5 if the licensee is an individual, the licensee: may from time to time reasonably require, as the amount which 15.5.1 becomes bankrupt or assigns its estate or may be paid out in respect of any one single claim and a policy of enters into a deed of arrangement or other insurance or copy thereof or a certificate of insurance shall be form of composition for the benefit of the produced by the licensee to the Minister on request in writing licensee’s creditors; or being made by the Minister for its production. 15.5.2 is convicted of an indictable offence. 13. Guarantee or Indemnity Scheme Termination of this licence by the Minister shall be The licensee must either: without prejudice to any rights, remedies or actions 13.1 provide a guarantee from its bankers; or that the Minister may have against the licensee in respect of any antecedent breach by the licensee of 13.2 contribute to an indemnity scheme established for the terms and conditions contained in this licence. the aquaculture and fisheries industry and approved by the Minister, 16. Interpretation to and in favour of and for the benefit of the Minister by way of Subject to any inconsistency of subject or context, the security for the due and punctual performance by the licensee of following rules of construction shall be used in the interpretation the terms and conditions of this licence and in particular the of this licence: obligations of the licensee to rehabilitate the site immediately 16.1 any word importing the plural includes the singular prior to the expiration or sooner determination of the term of and vice versa; this licence. Such guarantee or indemnity scheme must have effect from the date of commencement of the term. 16.2 any wording importing a gender shall include all other genders; 14. No Assignment 16.3 a reference to a body corporate shall include a The licensee acknowledges that this licence is personal and it natural person and vice versa; must not assign or sublet or deal in any other way with any interest in this licence. 16.4 a reference to a recital, party, clause, Schedule or Annexure is a reference to a recital, party, clause, Schedule or Annexure of this licence; 16.5 the captions, headings, section numbers and clause numbers appearing in this licence are inserted only as a matter of convenience and in no way affect the construction of this licence; 16.6 a reference to a statute shall include all statutes amending, consolidating or replacing the statutes referred to; 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2435

16.7 where two or more persons are named as licensees, Granted on behalf of the Minister by Director of Fisheries, this licence shall bind the licensees jointly and each of delegate of the Minister, on 21 April 1999. them severally; and G. MORGAN, Director of Fisheries 16.8 time is of the essence in respect of any obligation The licensee hereby acknowledges and agrees to the terms and relating to time in this licence. conditions of this licence. 17. Delegation Signed by the said M. WHILLAS Any consent, notice, any consultation or any other thing In the presence of: D. WHILLAS, 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 Zone 53 reason unlawful, void, invalid or unenforceable then the offending term or condition shall be severed from this licence without 530412E 6177235N 135°19¢53² -34°32¢45² 2 affecting the validity or enforceability of the remainder of this 530512E 6177257N 135°19¢57² -34°32¢44² licence. 530512E 6177457N 135°19¢57² -34°32¢38² 530412E 6177435N 135°19¢53² -34°32¢39² 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. 21. Notices or 21.1 Notices may be served by delivering the same personally, by mail or facsimile transmission and shall (b) (1) At each corner, yellow spar buoys with a St be: Andrews cross as a top mark placed at least 900 mm above the buoy, cross arms 900 mm long x 21.1.1 in writing addressed to the Director of 75 mm wide. Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 (in the case of (2) At distances not exceeding 50 m between the the Minister) and to the address of the corner spar buoys, yellow spherical buoys not less licensee set out above (in the case of the than 300 mm in diameter. licensee); (3) The buoys and topmarks must all be coloured 21.1.2 signed by or on behalf of the sender or by a yellow and marked with a yellow retro-reflective as person duly authorised in that regard by the in (a) (4). sender; (4) All buoys, posts, crosses and markers must be 21.1.3 deemed to be duly served or made in the maintained in good condition. following circumstances: When the site is in navigable water and possible danger to (a) if delivered, upon delivery; 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 (b) if sending by mail, upon posting; must be yellow in colour and flashing once every 4 seconds and (c) if sent by facsimile transmission, upon visible over an arc of 360 degrees for a distance of at least one the sender’s facsimile producing a mile. transmission report that the facsimile Item 2—Marked-Off Areas was satisfactorily sent in its entirety to the addressee’s facsimile number, [Co-ordinates of developed areas within the site to be provided by the licensee.] but if delivery is not made before 5 p.m. on any day it shall be deemed to be received at White buoys of at least 12 inches in diameter must be placed 9 a.m. on the next day in that place. 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. 21.2 The Minister and the licensee may each vary their address or facsimile number at any time by written SCHEDULE 2 notice. 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) 2436 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

Item 2¾Permitted Farming Methods FISHERIES ACT 1982 The Director of Fisheries has, pursuant to section 48G (2) of MARINE MOLLUSC FARMING LICENCE FM00218 the Act, issued a permit to disturb the seabed for the purpose of installing the structures specified in this Schedule. Licence to Farm Fish under section 53 of the Fisheries Act 1982 BST Longlines WHEREAS the Director of Fisheries has, pursuant to section Racks 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to Each unit must not exceed 100 m in length and 2 m in width, the undermentioned licensee to release the fish specified in and each unit must be at least 6 m from any other unit. Item 1 of Schedule 2 of this licence (‘the permitted species’) and, ¾ pursuant to section 48G (2) of the Act, the Director of Fisheries Item 3 Stocking Rates has also issued a permit to disturb the seabed for the purpose of Oysters installing structures necessary for the licensed activity at the Size (mm) Number per Hectare undermentioned site, the Minister for Primary Industries, Natural Resources and Regional Development (‘the Minister’) hereby 3 2 500 000 grants to: 10 1 600 000 20 1 100 000 Seidl, G. and A. 30 750 000 59 Bergmann Drive 40 500 000 Ceduna, S.A. 5690, 50 350 000 a non-exclusive licence to occupy and use the waters specified in 60 200 000 Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of 70 150 000 farming and taking the permitted species (‘the permitted use’) for 80 100 000 the period commencing on 1 January 1999 and ending, subject to SCHEDULE 3 any earlier termination under this licence, on 30 June 1999 (‘the term’) subject to the following terms and conditions: Item 1—Fees CONDITIONS OF THIS LICENCE $ 1. Licence Environmental Monitoring Program 2 at $20 each...... 40.00 SASQAP (Classified Area) 2 at $37 each ...... 74.00 The parties acknowledge and agree that: Base Licence Fee...... 82.00 1.1 the rights, powers and privileges granted to or vested in Fisheries Research and Development Corporation the licensee under this licence are contractual only and Levy...... 23.15 shall not create or vest in the licensee any estate, Total Annual Licence Fee ...... 219.15 interest or right of a proprietary nature in the site; and Item 2—Public Risk Insurance 1.2 that, subject to section 53A of the Fisheries Act 1982, Five million dollars ($5 000 000). this licence does not entitle the licensee to exclusive rights of entry to and occupation of the site and that SCHEDULE 4 the rights granted by this licence are exercisable by the Returns licensee in common with any other occupiers of the site from time to time. The licensee must submit the following information to the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 2. Marked-off Areas Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and For the purposes of section 53A of the Fisheries Act 1982, the 31 July during the term of this licence: marked-off areas within the site is that area or those areas 1. Name of licensee. marked-off or indicated in the manner set out in Item 2 of Schedule 1 of this licence. 2. Address of licensee. 3. Permitted Species 3. Species of fish farmed and held on the site. The licensee: 4. Location of aquaculture operation. 3.1 must not farm or introduce any species at the site other 5. Period covered by return. than the permitted species; and 6. Number of life stage of each species of fish held. 3.2 must not take any wild fish from the site except for 7. Number, weight and value of each species of fish held. recreational purposes. 8. Details of any disease detected in any fish kept. 4. Permitted Use 9. Source (whether interstate or intrastate) of any stock The licensee must not use the site for any purpose other than acquired and date of acquisition (if relevant, include name the permitted use. of authority that provided certification that stock was 5. Permitted Methods free from disease). The licensee: 10. If any fish were brought into the state, the number of fish and the life stage of the fish. 5.1 must not stock the permitted species at a rate greater than that specified in Schedule 2 of this licence; 11. If fish were brought into the state, the purpose for which they were brought in. 5.2 must not use the anti-fouling chemical tributyltin (TBT) on any equipment used at the site; 12. Method of disposal of water and packaging use for transporting the fish. 5.3 must not use any chemical or drug for either therapeutic or prophylactic purpose except with the prior approval 13. If any disease or symptom of disease occurred in the of the Minister; acquired fish. 5.4 must apply the permitted farming methods set out in 14. Method of disposal of diseased or dead fish and the Item 2 of Schedule 2 of this licence. number disposed of. 6. Marking and Maintaining the Site 15. Signature, date and telephone number. The licensee: 16. Use of any chemicals for fish husbandry—type of 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 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2437

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. 14. 8. Fees and Returns 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. 15.1 the licensee commits or permits any breach or Compliance With Relevant Laws 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 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 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 licensee’s creditors; or 2438 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

15.5.2 is convicted of an indictable offence. 21. Notices Termination of this licence by the Minister shall be 21.1 Notices may be served by delivering the same without prejudice to any rights, remedies or actions personally, by mail or facsimile transmission and shall that the Minister may have against the licensee in be: respect of any antecedent breach by the licensee of 21.1.1 in writing addressed to the Director of the terms and conditions contained in this licence. Fisheries, PIRSA, 16th Floor, 25 Grenfell 16. Interpretation Street, Adelaide, S.A. 5000 (in the case of Subject to any inconsistency of subject or context, the the Minister) and to the address of the following rules of construction shall be used in the interpretation licensee set out above (in the case of the of this licence: licensee); 16.1 any word importing the plural includes the singular 21.1.2 signed by or on behalf of the sender or by a and ; person duly authorised in that regard by the vice versa sender; 16.2 any wording importing a gender shall include all other genders; 21.1.3 deemed to be duly served or made in the following circumstances: 16.3 a reference to a body corporate shall include a if delivered, upon delivery; natural person and vice versa; (a) 16.4 a reference to a recital, party, clause, Schedule or (b) if sending by mail, upon posting; Annexure is a reference to a recital, party, clause, (c) if sent by facsimile transmission, upon Schedule or Annexure of this licence; the sender’s facsimile producing a 16.5 the captions, headings, section numbers and clause transmission report that the facsimile numbers appearing in this licence are inserted only as was satisfactorily sent in its entirety to a matter of convenience and in no way affect the the addressee’s facsimile number, construction of this licence; but if delivery is not made before 5 p.m. on 16.6 a reference to a statute shall include all statutes any day it shall be deemed to be received at amending, consolidating or replacing the statutes 9 a.m. on the next day in that place. referred to; 21.2 The Minister and the licensee may each vary their 16.7 where two or more persons are named as licensees, address or facsimile number at any time by written this licence shall bind the licensees jointly and each of notice. them severally; and 22. SASQAP 16.8 time is of the essence in respect of any obligation 22.1 The Licensee: relating to time in this licence. 22.1.1 must submit to the Manager, South 17. Delegation Australian Shellfish Quality Assurance Any consent, notice, any consultation or any other thing Program (‘SASQAP’) for testing such which is pursuant to the terms of this licence either required to be sample as the manager, SASQAP requires of given, done or performed or which may be given, done or the fish farmed at the Site and specified in performed by the Minister may for the purposes of this licence be Item 1.1 of Schedule 2; properly given, done or performed by any duly authorised agent 22.1.2 must comply with all reasonable require- or employee of the Minister. ments of the Manager, SASQAP in relation to such testing; and 18. Severance If any term or condition of this licence should be for any 22.1.3 must obtain the written consent of the reason unlawful, void, invalid or unenforceable then the offending Manager, SASQAP, prior to making any of term or condition shall be severed from this licence without the fish farmed at the Site and specified in affecting the validity or enforceability of the remainder of this Item 1.1 of Schedule 2, available for human licence. consumption. 19. Granted on behalf of the Minister by Director of Fisheries, Modification delegate of the Minister, on 2 February 1999. No variation of or addition to any provision of this licence shall be binding upon the Minister and the licensee unless such G. MORGAN, Director of Fisheries variation or addition is made in writing, signed by both the The licensee hereby acknowledges and agrees to the terms and Minister and the licensee and expressed to be either supplemental conditions of this licence. to or in substitution for the whole or a part of this licence. Signed by the said G. B. SEIDL 20. Waiver In the presence of: D. DUREGON, Witness 20.1 A waiver of any provision of this licence by the SCHEDULE 1 Minister must both be in writing and be signed by the Minister or by persons duly authorised to execute such Item 1—The Site a document on the Minister’s part. Area applicable to this licence: 20.2 No waiver by the Minister of a breach of a term or Licensed Area Licensed condition contained in this licence shall operate as a Hectares waiver of any breach of the same or any other term Zone 53 or condition contained in this licence. 425646E 6399396N 134°12¢29² -32°32¢24² 10 20.3 No forbearance, delay or indulgence by the Minister 425901E 6399718N 134°12¢39² -32°32¢14² in enforcing the provisions of this licence shall 425698E 6399832N 134°12¢31² -32°32¢10² prejudice or restrict the rights of the Minister. 425426E 6399519N 134°12¢20² -32°32¢20² 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2439

All structures, equipment, buoys and flotations (except for that Item 3¾Stocking Rates required by the Department for Transport, Urban Planning and the Arts) must be black, dark grey, dark blue, dark brown, or dark Oysters green coloured materials. Size (mm) Number per Hectare The boundary of the site to be marked either with: 3 2 500 000 10 1 600 000 (a) (1) At the corners with posts extending 900 mm above 20 1 100 000 mean high water springs. Such posts to be marked 30 750 000 with a St Andrews cross, each cross arm measuring 40 500 000 900 mm from tip to tip, minimum width 75 mm. 50 350 000 (2) Posts to be not less than 125 mm in diameter. 60 200 000 70 150 000 (3) Posts and crosses to be painted yellow. 80 100 000 (4) The ends of each cross to be marked with a SCHEDULE 3 200 mm strip of yellow retro-reflective tape. Item 1—Fees (5) Between the corner posts at intervals not exceeding 50 m, buoys not less than 300 mm in diameter. Fees applicable for period 1 January 1999 to 30 June 1999. (6) All buoys, posts, crosses and markers must be $ maintained in good condition. Environmental Monitoring Program 10 at $20 each ..... 200.00 Base Licence Fee ...... 164.00 or Fisheries Research and Development Corporation (b) (1) At each corner, yellow spar buoys with a St Levy ...... 46.30 Andrews cross as a top mark placed at least Total Annual Licence Fee...... 410.30 900 mm above the buoy, cross arms 900 mm long x 75 mm wide. Item 2—Public Risk Insurance (2) At distances not exceeding 50 m between the Five million dollars ($5 000 000). corner spar buoys, yellow spherical buoys not less SCHEDULE 4 than 300 mm in diameter. Returns (3) 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 (4). Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 (a) Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and (4) 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 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 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 SCHEDULE 2 free from disease). Item 1¾Permitted Species 10. If any fish were brought into the state, the number of fish and the life stage of the fish. 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 11. If fish were brought into the state, the purpose for which Schedule. they were brought in. Pacific Oysters (Crassostrea gigas) 12. Method of disposal of water and packaging use for transporting the fish. Item 1.1—Fish subject to SASQAP testing 13. If any disease or symptom of disease occurred in the Pacific Oysters (Crassostrea gigas) acquired fish. Item 2¾Permitted Farming Methods 14. Method of disposal of diseased or dead fish and the The Director of Fisheries has, pursuant to section 48G (2) of number disposed of. the Act, issued a permit to disturb the seabed for the purpose of 15. Signature, date and telephone number. installing the structures specified in this Schedule. 16. Use of any chemicals for fish husbandry—type of Racks chemical and quantity used, purpose and date of use. Longlines 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. 2440 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

FISHERIES ACT 1982: SECTION 59 16. The fisher must complete the South Australian Pilchard TAKE notice that, pursuant to section 59 of the Fisheries Act Fishery Log Book as described below: 1982, Brendan Sheehy, 25 Highview Drive, Port Lincoln, S.A. (a) Unloading to a shore based processing plant: 5606, or his nominated replacement approved by the Director of (i) The fisher shall complete all columns of the South Fisheries (hereinafter referred to as the ‘fisher’) is exempt from Australian Pilchard Fishery Log Book up to but section 41 of the Fisheries Act 1982, subject to the conditions not including the column titled PILCHARD contained in Schedule 1 to this exemption, in that they shall not TONNAGE CAUGHT. be guilty of an offence when using a fine mesh purse seine net as described in Schedule 2 for the taking of pilchards (Sardinops The fish can then be dispatched to the shore based processing neopilchardus) and other species within the Families Clupeidae plant. It is the responsibility of the fisher to make certain that all and Engraulididae (hereinafter referred to as the ‘permitted fish are accurately weighed within 24 hours of the consignment to species’) for the purpose of trade or business in marine waters of the processor: South Australia as described in Schedule 3 as Area A and Area B (ii) The fisher shall upon being notified by the (hereinafter referred to as the ‘permitted activity’). processor of the total weight of fish unloaded SCHEDULE 1 complete the columns headed, PILCHARD TONNAGE CAUGHT, OTHER SPECIES, 1. The fisher may engage in the permitted activity from the TONNAGE CAUGHT (This refers to other date of gazettal of this notice until 31 May 1999, or until species) and REMARKS. revoked by the Director of Fisheries. For any unloading, if fishing has taken place on more than one 2. This exemption is valid only in respect of the fishing vessel day then this should be noted and the verified weight split as close Stafanie (hereinafter referred to as the ‘permitted boat’) as possible to reflect the actual quantities taken on each day of registered on the fisher’s Marine Scalefish Fishery Licence No. fishing. M274. Unloading at sea or direct to a tuna cage: 3. The fisher must be on board the permitted boat at all times (b) while the boat is being used for the purpose of engaging in the The fisher shall complete all columns of the South permitted activity. Australian Pilchard Fishery Log Book immediately after capture and include an estimated tonnage in the 4. Whilst using a nominated master to take pilchards pursuant column marked PILCHARD TONNAGE CAUGHT. to this notice, no other fishing activity shall be undertaken by the The estimated tonnage should be based on a recorded licence holder pursuant to Marine Scalefish Fishery Licence No. number of boxes of a certain capacity (weight) filled. M274. 17. The fisher then shall either by facsimile or in person 5. Whilst engaged in the permitted activity the fisher shall not deliver the completed (South Australian Pilchard Fishery Log use any of the devices registered on the fisher’s Marine Scalefish Book) form to the person nominated for quota monitoring within Fishery Licence. 48 hours of the unloading. 6. The fisher must not take or be in possession of any other 18. The fisher must provide regular samples of the permitted species of fish, other than the permitted species, while engaging species for research analysis and assist in any other South in the permitted activity. Australian Research and Development Institute (SARDI) 7. Any fish, which are not permitted species, taken as by-catch sponsored pilchard fishery research program as required by the by the fisher during the permitted activity must be immediately Chief Scientist, Aquatic Sciences, SARDI. returned to the water. 19. The fisher must complete a monthly return within 14 days 8. The fisher shall not, during the period 1 January 1999 to 31 of the end of the previous month and forward it to SARDI. This May 1999, take a quantity of permitted species which exceeds his return must be completed regardless of whether the fisher took quota of 43.45 units at 6.427 tonnes per unit (which is equal to fish or not, i.e. nil returns are required. 279.25 tonnes). 20. While engaged in the permitted activity the fisher must: 9. The fisher may with the prior approval of the Director of (a) have in his possession the copy of this notice with Fisheries transfer uncaught units of quota during the period of this which the Director of Fisheries has supplied him; and notice. (b) produce that notice to a Fisheries Officer forthwith, if 10. Fish taken pursuant to this notice as the result of a transfer and when a Fisheries Officer requests him to produce of quota must be taken in the area as described (and disposed of as it. described) in the permit conditions of the holder of the initial allocation. 21. The fisher shall not contravene or fail to comply with the Fisheries Act 1982, or any regulations made under that Act, 11. The fisher may transfer catch taken pursuant to this notice except where specifically exempted by this notice. to a carrier boat at sea subject to nominating the boats in advance. SCHEDULE 2 12. The fisher may nominate no more than two carrier boats In waters described as Area A: one purse seine net having a at any one time. Notification of boat name must be provided to maximum length of 600 m, a maximum depth of 100 m and a the person or agency responsible for conducting quota monitoring mesh size of between 16 mm and 20 mm. operations. In waters described as Area B: one purse seine net having a 13. Where the fisher transfers all or part of his catch to a mesh size of between 16 mm and 20 mm. carrier boat that portion of the catch must be accompanied by a SCHEDULE 3 South Australian Pilchard Fishery Log Book, completed as required by condition 16 of this notice. For the purposes of this notice, Area A is defined as: 14. The fisher must notify the person nominated for quota Coastal waters within 3 nautical miles of high water mark or monitoring, by telephone, of the intended place of any unloading within 3 nautical miles to seaward of the base lines and bay and the estimated weight of the catch at least one hour prior to closure lines described in Table 1. the unloading taking place. For the purposes of this notice, Area B is defined as: 15. The fisher must provide the person nominated for quota Coastal waters more than 3 nautical miles to seaward of high monitoring with reasonable access to boats and vehicles for the water mark or more than 3 nautical miles to seaward of the purpose of enabling inspection of the catch and any record base lines and bay closure lines described in Table 1. relating to the South Australian Pilchard Fishery Log Book required to be completed under this notice. Dated 30 April 1999. W. ZACHARIN, Director of Fisheries 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2441

TABLE 1 Base Lines and Bay Closure Lines of South Australia

Location From to Location

Base Lines Newland Head 35°38.68¢S 138°31.32¢E to 35°45.63¢S 138°18.17¢E The Pages 35°45.63¢S 138°18.17¢E to 35°46.65¢S 138°17.57¢E 35°46.88¢S 138°17.43¢E to 35°47.10¢S 138°17.33¢E The Pages 35°47.25¢S 138°17.15¢E to 35°50.70¢S 138°07.95¢E Cape Willoughby Vennachar Point 35°53.25¢S 136°31.97¢E to 34°57.20¢S 135°37.37¢E Cape Carnot 34°57.20¢S 135°37.37¢E to 34°56.90¢S 135°37.40¢E Pt Westall 32°54.38¢S 134°03.53¢E to 32°43.60¢S 133°57.77¢E Olives Island Olives Island 32°43.60¢S 133°57.77¢E to 32°35.18¢S 133°17.07¢E Fenelon Island Fenelon Island 32°34.92¢S 133°16.73¢E to 32°33.80¢S 133°16.58¢E Masillon Island Masillon Island 32°33.80¢S 133°16.58¢E to 32°30.90¢S 133°15.03¢E West Island West Island 32°30.47¢S 133°14.87¢E to 32°13.52¢S 133°06.62¢E Island 1 mile SW Pt Bell 32°13.52¢S 133°06.62¢E to 32°08.75¢S 132°59.32¢E Sinclair Island Sinclair Island 32°08.67¢S 132°59.28¢E to 32°07.62¢S 132°58.72¢E 32°07.62¢S 132°58.72¢E to 32°01.87¢S 132°28.27¢E Point Fowler Anxious Bay 33°12.05¢S 134°19.63¢E to 33°35.68¢S 134°45.05¢E 33°35.83¢S 134°45.90¢E to 33°35.98¢S 134°46.50¢E 33°36.72¢S 134°48.33¢E to 33°37.47¢S 134°49.67¢E Encounter Bay 35°35.80¢S 138°36.10¢E to 35°35.80¢S 138°57.40¢E Lacepede Bay 36°35.80¢S 139°50.00¢E to 36°56.60¢S 139°40.40¢E Rivoli Bay 37°34.02¢S 140°06.33¢E to 37°30.05¢S 140°00.80¢E 37°29.95¢S 140°00.68¢E to 37°29.87¢S 140°00.63¢E Bay Closure Lines Coffin Bay 34°09.07¢S 135°14.39¢E to 34°25.86¢S 135°12.41¢E Avoid Bay 34°35.49¢S 135°06.75¢E to 34°41.78¢S 135°19.65¢E

FISHERIES ACT 1982: SECTION 59 8. The fisher shall not, during the period 1 January 1999 to 31 TAKE notice that, pursuant to section 59 of the Fisheries Act May 1999, take a quantity of permitted species which exceeds his 1982, Tony Lukin, P.O. Box 603, Port Lincoln, S.A. 5606, or quota of 43.45 units at 6.427 tonnes per unit (which is equal to his nominated replacement approved by the Director of Fisheries 279.25 tonnes). (hereinafter referred to as the ‘fisher’) is exempt from section 41 9. The fisher may with the prior approval of the Director of of the Fisheries Act 1982, subject to the conditions contained in Fisheries transfer uncaught units of quota during the period of this Schedule 1 to this exemption, in that they shall not be guilty of notice. an offence when using a fine mesh purse seine net as described in 10. Fish taken pursuant to this notice as the result of a transfer Schedule 2 for the taking of pilchards (Sardinops neopilchardus) of quota must be taken in the area as described (and disposed of as and other species within the Families Clupeidae and Engraulididae described) in the permit conditions of the holder of the initial (hereinafter referred to as the ‘permitted species’) for the allocation. purpose of trade or business in marine waters of South Australia as described in Schedule 3 as Area A and Area B (hereinafter referred 11. The fisher may transfer catch taken pursuant to this notice to as the ‘permitted activity’). to a carrier boat at sea subject to nominating the boats in advance. SCHEDULE 1 12. The fisher may nominate no more than two carrier boats 1. The fisher may engage in the permitted activity from the at any one time. Notification of boat name must be provided to date of gazettal of this notice until 31 May 1999, or until the person or agency responsible for conducting quota monitoring revoked by the Director of Fisheries. operations. 2. This exemption is valid only in respect of the fishing vessel 13. Where the fisher transfers all or part of his catch to a Karie (hereinafter referred to as the ‘permitted boat’) registered carrier boat that portion of the catch must be accompanied by a on the fisher’s Marine Scalefish Fishery Licence No. M273. South Australian Pilchard Fishery Log Book, completed as 3. The fisher must be on board the permitted boat at all times required by condition 16 of this notice. while the boat is being used for the purpose of engaging in the 14. The fisher must notify the person nominated for quota permitted activity. monitoring, by telephone, of the intended place of any unloading 4. Whilst using a nominated master to take pilchards pursuant and the estimated weight of the catch at least one hour prior to to this notice, no other fishing activity shall be undertaken by the the unloading taking place. licence holder pursuant to Marine Scalefish Fishery Licence No. 15. The fisher must provide the person nominated for quota M273. monitoring with reasonable access to boats and vehicles for the 5. Whilst engaged in the permitted activity the fisher shall not purpose of enabling inspection of the catch and any record use any of the devices registered on the fisher’s Marine Scalefish relating to the South Australian Pilchard Fishery Log Book Fishery Licence. required to be completed under this notice. 6. The fisher must not take or be in possession of any other 16. The fisher must complete the South Australian Pilchard species of fish, other than the permitted species, while engaging Fishery Log Book as described below: in the permitted activity. (a) Unloading to a shore based processing plant: 7. Any fish, which are not permitted species, taken as by-catch (i) The fisher shall complete all columns of the South by the fisher during the permitted activity must be immediately Australian Pilchard Fishery Log Book up to but returned to the water. not including the column titled PILCHARD TONNAGE CAUGHT. 2442 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

The fish can then be dispatched to the shore based processing 19. The fisher must complete a monthly return within 14 days plant. It is the responsibility of the fisher to make certain that all of the end of the previous month and forward it to SARDI. This fish are accurately weighed within 24 hours of the consignment to return must be completed regardless of whether the fisher took the processor: fish or not, i.e. nil returns are required. (ii) The fisher shall upon being notified by the 20. While engaged in the permitted activity the fisher must: processor of the total weight of fish unloaded (a) have in his possession the copy of this notice with complete the columns headed, PILCHARD which the Director of Fisheries has supplied him; and TONNAGE CAUGHT, OTHER SPECIES, TONNAGE CAUGHT (This refers to other (b) produce that notice to a Fisheries Officer forthwith, if species) and REMARKS. and when a Fisheries Officer requests him to produce it. For any unloading, if fishing has taken place on more than one day then this should be noted and the verified weight split as close 21. The fisher shall not contravene or fail to comply with the as possible to reflect the actual quantities taken on each day of Fisheries Act 1982, or any regulations made under that Act, fishing. except where specifically exempted by this notice. SCHEDULE 2 (b) Unloading at sea or direct to a tuna cage: In waters described as Area A: one purse seine net having a The fisher shall complete all columns of the South maximum length of 600 m, a maximum depth of 100 m and a Australian Pilchard Fishery Log Book immediately after mesh size of between 16 mm and 20 mm. capture and include an estimated tonnage in the column marked PILCHARD TONNAGE CAUGHT. In waters described as Area B: one purse seine net having a The estimated tonnage should be based on a recorded mesh size of between 16 mm and 20 mm. number of boxes of a certain capacity (weight) filled. SCHEDULE 3 17. The fisher then shall either by facsimile or in person For the purposes of this notice, Area A is defined as: deliver the completed (South Australian Pilchard Fishery Log Coastal waters within 3 nautical miles of high water mark or Book) form to the person nominated for quota monitoring within within 3 nautical miles to seaward of the base lines and bay 48 hours of the unloading. closure lines described in Table 1. 18. The fisher must provide regular samples of the permitted For the purposes of this notice, Area B is defined as: species for research analysis and assist in any other South Australian Research and Development Institute (SARDI) Coastal waters more than 3 nautical miles to seaward of high sponsored pilchard fishery research program as required by the water mark or more than 3 nautical miles to seaward of the Chief Scientist, Aquatic Sciences, SARDI. base lines and bay closure lines described in Table 1. Dated 30 April 1999. W. ZACHARIN, Director of Fisheries

TABLE 1 Base Lines and Bay Closure Lines of South Australia

Location From to Location

Base Lines Newland Head 35°38.68¢S 138°31.32¢E to 35°45.63¢S 138°18.17¢E The Pages 35°45.63¢S 138°18.17¢E to 35°46.65¢S 138°17.57¢E 35°46.88¢S 138°17.43¢E to 35°47.10¢S 138°17.33¢E The Pages 35°47.25¢S 138°17.15¢E to 35°50.70¢S 138°07.95¢E Cape Willoughby Vennachar Point 35°53.25¢S 136°31.97¢E to 34°57.20¢S 135°37.37¢E Cape Carnot 34°57.20¢S 135°37.37¢E to 34°56.90¢S 135°37.40¢E Pt Westall 32°54.38¢S 134°03.53¢E to 32°43.60¢S 133°57.77¢E Olives Island Olives Island 32°43.60¢S 133°57.77¢E to 32°35.18¢S 133°17.07¢E Fenelon Island Fenelon Island 32°34.92¢S 133°16.73¢E to 32°33.80¢S 133°16.58¢E Masillon Island Masillon Island 32°33.80¢S 133°16.58¢E to 32°30.90¢S 133°15.03¢E West Island West Island 32°30.47¢S 133°14.87¢E to 32°13.52¢S 133°06.62¢E Island 1 mile SW Pt Bell 32°13.52¢S 133°06.62¢E to 32°08.75¢S 132°59.32¢E Sinclair Island Sinclair Island 32°08.67¢S 132°59.28¢E to 32°07.62¢S 132°58.72¢E 32°07.62¢S 132°58.72¢E to 32°01.87¢S 132°28.27¢E Point Fowler Anxious Bay 33°12.05¢S 134°19.63¢E to 33°35.68¢S 134°45.05¢E 33°35.83¢S 134°45.90¢E to 33°35.98¢S 134°46.50¢E 33°36.72¢S 134°48.33¢E to 33°37.47¢S 134°49.67¢E Encounter Bay 35°35.80¢S 138°36.10¢E to 35°35.80¢S 138°57.40¢E Lacepede Bay 36°35.80¢S 139°50.00¢E to 36°56.60¢S 139°40.40¢E Rivoli Bay 37°34.02¢S 140°06.33¢E to 37°30.05¢S 140°00.80¢E 37°29.95¢S 140°00.68¢E to 37°29.87¢S 140°00.63¢E Bay Closure Lines Coffin Bay 34°09.07¢S 135°14.39¢E to 34°25.86¢S 135°12.41¢E Avoid Bay 34°35.49¢S 135°06.75¢E to 34°41.78¢S 135°19.65¢E 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2443

FISHERIES ACT 1982: SECTION 59 16. The fisher must complete the South Australian Pilchard TAKE notice that, pursuant to section 59 of the Fisheries Act Fishery Log Book as described below: 1982, Stan Lukin, 62 Lincoln Highway, Port Lincoln, S.A. 5606, (a) Unloading to a shore based processing plant: or his nominated replacement approved by the Director of (i) The fisher shall complete all columns of the South Fisheries (hereinafter referred to as the ‘fisher’) is exempt from Australian Pilchard Fishery Log Book up to but section 41 of the Fisheries Act 1982, subject to the conditions not including the column titled PILCHARD contained in Schedule 1 to this exemption, in that they shall not TONNAGE CAUGHT. be guilty of an offence when using a fine mesh purse seine net as described in Schedule 2 for the taking of pilchards (Sardinops The fish can then be dispatched to the shore based processing neopilchardus) and other species within the Families Clupeidae plant. It is the responsibility of the fisher to make certain that all and Engraulididae (hereinafter referred to as the ‘permitted fish are accurately weighed within 24 hours of the consignment to species’) for the purpose of trade or business in marine waters of the processor: South Australia as described in Schedule 3 as Area A and Area B (ii) The fisher shall upon being notified by the (hereinafter referred to as the ‘permitted activity’). processor of the total weight of fish unloaded SCHEDULE 1 complete the columns headed, PILCHARD TONNAGE CAUGHT, OTHER SPECIES, 1. The fisher may engage in the permitted activity from the TONNAGE CAUGHT (This refers to other date of gazettal of this notice until 31 May 1999, or until species) and REMARKS. revoked by the Director of Fisheries. For any unloading, if fishing has taken place on more than one 2. This exemption is valid only in respect of the fishing vessel day then this should be noted and the verified weight split as close Aislinn (hereinafter referred to as the ‘permitted boat’) registered as possible to reflect the actual quantities taken on each day of on the fisher’s Marine Scalefish Fishery Licence No. M255. fishing. 3. The fisher must be on board the permitted boat at all times Unloading at sea or direct to a tuna cage: while the boat is being used for the purpose of engaging in the (b) permitted activity. The fisher shall complete all columns of the South Australian Pilchard Fishery Log Book immediately after 4. Whilst using a nominated master to take pilchards pursuant capture and include an estimated tonnage in the to this notice, no other fishing activity shall be undertaken by the column marked PILCHARD TONNAGE CAUGHT. licence holder pursuant to Marine Scalefish Fishery Licence No. The estimated tonnage should be based on a recorded M255. number of boxes of a certain capacity (weight) filled. 5. Whilst engaged in the permitted activity the fisher shall not 17. The fisher then shall either by facsimile or in person use any of the devices registered on the fisher’s Marine Scalefish deliver the completed (South Australian Pilchard Fishery Log Fishery Licence. Book) form to the person nominated for quota monitoring within 6. The fisher must not take or be in possession of any other 48 hours of the unloading. species of fish, other than the permitted species, while engaging 18. The fisher must provide regular samples of the permitted in the permitted activity. species for research analysis and assist in any other South 7. Any fish, which are not permitted species, taken as by-catch Australian Research and Development Institute (SARDI) by the fisher during the permitted activity must be immediately sponsored pilchard fishery research program as required by the returned to the water. Chief Scientist, Aquatic Sciences, SARDI. 8. The fisher shall not, during the period 1 January 1999 to 31 19. The fisher must complete a monthly return within 14 days May 1999, take a quantity of permitted species which exceeds his of the end of the previous month and forward it to SARDI. This quota of 43.45 units at 6.427 tonnes per unit (which is equal to return must be completed regardless of whether the fisher took 279.25 tonnes). fish or not, i.e. nil returns are required. 9. The fisher may with the prior approval of the Director of 20. While engaged in the permitted activity the fisher must: Fisheries transfer uncaught units of quota during the period of this (a) have in his possession the copy of this notice with notice. which the Director of Fisheries has supplied him; and 10. Fish taken pursuant to this notice as the result of a transfer (b) produce that notice to a Fisheries Officer forthwith, if of quota must be taken in the area as described (and disposed of as and when a Fisheries Officer requests him to produce described) in the permit conditions of the holder of the initial it. allocation. 21. The fisher shall not contravene or fail to comply with the 11. The fisher may transfer catch taken pursuant to this notice Fisheries Act 1982, or any regulations made under that Act, to a carrier boat at sea subject to nominating the boats in except where specifically exempted by this notice. advance. SCHEDULE 2 12. The fisher may nominate no more than two carrier boats at any one time. Notification of boat name must be provided to In waters described as Area A: one purse seine net having a the person or agency responsible for conducting quota monitoring maximum length of 600 m, a maximum depth of 100 m and a operations. mesh size of between 16 mm and 20 mm. 13. Where the fisher transfers all or part of his catch to a In waters described as Area B: one purse seine net having a carrier boat that portion of the catch must be accompanied by a mesh size of between 16 mm and 20 mm. South Australian Pilchard Fishery Log Book, completed as SCHEDULE 3 required by condition 16 of this notice. For the purposes of this notice, Area A is defined as: 14. The fisher must notify the person nominated for quota monitoring, by telephone, of the intended place of any unloading Coastal waters within 3 nautical miles of high water mark or and the estimated weight of the catch at least one hour prior to within 3 nautical miles to seaward of the base lines and bay the unloading taking place. closure lines described in Table 1. 15. The fisher must provide the person nominated for quota For the purposes of this notice, Area B is defined as: monitoring with reasonable access to boats and vehicles for the Coastal waters more than 3 nautical miles to seaward of high purpose of enabling inspection of the catch and any record water mark or more than 3 nautical miles to seaward of the relating to the South Australian Pilchard Fishery Log Book base lines and bay closure lines described in Table 1. required to be completed under this notice. Dated 30 April 1999. W. ZACHARIN, Director of Fisheries 2444 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

TABLE 1 Base Lines and Bay Closure Lines of South Australia

Location From to Location

Base Lines Newland Head 35°38.68¢S 138°31.32¢E to 35°45.63¢S 138°18.17¢E The Pages 35°45.63¢S 138°18.17¢E to 35°46.65¢S 138°17.57¢E 35°46.88¢S 138°17.43¢E to 35°47.10¢S 138°17.33¢E The Pages 35°47.25¢S 138°17.15¢E to 35°50.70¢S 138°07.95¢E Cape Willoughby Vennachar Point 35°53.25¢S 136°31.97¢E to 34°57.20¢S 135°37.37¢E Cape Carnot 34°57.20¢S 135°37.37¢E to 34°56.90¢S 135°37.40¢E Pt Westall 32°54.38¢S 134°03.53¢E to 32°43.60¢S 133°57.77¢E Olives Island Olives Island 32°43.60¢S 133°57.77¢E to 32°35.18¢S 133°17.07¢E Fenelon Island Fenelon Island 32°34.92¢S 133°16.73¢E to 32°33.80¢S 133°16.58¢E Masillon Island Masillon Island 32°33.80¢S 133°16.58¢E to 32°30.90¢S 133°15.03¢E West Island West Island 32°30.47¢S 133°14.87¢E to 32°13.52¢S 133°06.62¢E Island 1 mile SW Pt Bell 32°13.52¢S 133°06.62¢E to 32°08.75¢S 132°59.32¢E Sinclair Island Sinclair Island 32°08.67¢S 132°59.28¢E to 32°07.62¢S 132°58.72¢E 32°07.62¢S 132°58.72¢E to 32°01.87¢S 132°28.27¢E Point Fowler Anxious Bay 33°12.05¢S 134°19.63¢E to 33°35.68¢S 134°45.05¢E 33°35.83¢S 134°45.90¢E to 33°35.98¢S 134°46.50¢E 33°36.72¢S 134°48.33¢E to 33°37.47¢S 134°49.67¢E Encounter Bay 35°35.80¢S 138°36.10¢E to 35°35.80¢S 138°57.40¢E Lacepede Bay 36°35.80¢S 139°50.00¢E to 36°56.60¢S 139°40.40¢E Rivoli Bay 37°34.02¢S 140°06.33¢E to 37°30.05¢S 140°00.80¢E 37°29.95¢S 140°00.68¢E to 37°29.87¢S 140°00.63¢E Bay Closure Lines Coffin Bay 34°09.07¢S 135°14.39¢E to 34°25.86¢S 135°12.41¢E Avoid Bay 34°35.49¢S 135°06.75¢E to 34°41.78¢S 135°19.65¢E

FISHERIES ACT 1982: SECTION 59 8. The fisher shall not, during the period 1 January 1999 to 31 TAKE notice that, pursuant to section 59 of the Fisheries Act May 1999, take a quantity of permitted species which exceeds his 1982, E. F. Hendry Pty Ltd, P.O. Box 1, Warooka, S.A. 5577, or quota of 43.45 units at 6.427 tonnes per unit (which is equal to his nominated replacement approved by the Director of Fisheries 279.25 tonnes). (hereinafter referred to as the ‘fisher’) is exempt from section 41 9. The fisher may with the prior approval of the Director of of the Fisheries Act 1982, subject to the conditions contained in Fisheries transfer uncaught units of quota during the period of this Schedule 1 to this exemption, in that they shall not be guilty of notice. an offence when using a fine mesh purse seine net as described in 10. Fish taken pursuant to this notice as the result of a transfer Schedule 2 for the taking of pilchards (Sardinops neopilchardus) of quota must be taken in the area as described (and disposed of as and other species within the Families Clupeidae and Engraulididae described) in the permit conditions of the holder of the initial (hereinafter referred to as the ‘permitted species’) for the allocation. purpose of trade or business in marine waters of South Australia as described in Schedule 3 as Area A and Area B (hereinafter referred 11. The fisher may transfer catch taken pursuant to this notice to as the ‘permitted activity’). to a carrier boat at sea subject to nominating the boats in advance. SCHEDULE 1 12. The fisher may nominate no more than two carrier boats 1. The fisher may engage in the permitted activity from the at any one time. Notification of boat name must be provided to date of gazettal of this notice until 31 May 1999, or until the person or agency responsible for conducting quota monitoring revoked by the Director of Fisheries. operations. 2. This exemption is valid only in respect of the fishing vessel 13. Where the fisher transfers all or part of his catch to a Para Star (hereinafter referred to as the ‘permitted boat’) carrier boat that portion of the catch must be accompanied by a registered on the fisher’s Marine Scalefish Fishery Licence No. South Australian Pilchard Fishery Log Book, completed as M210. required by condition 16 of this notice. 3. The fisher must be on board the permitted boat at all times 14. The fisher must notify the person nominated for quota while the boat is being used for the purpose of engaging in the monitoring, by telephone, of the intended place of any unloading permitted activity. and the estimated weight of the catch at least one hour prior to 4. Whilst using a nominated master to take pilchards pursuant the unloading taking place. to this notice, no other fishing activity shall be undertaken by the 15. The fisher must provide the person nominated for quota licence holder pursuant to Marine Scalefish Fishery Licence No. monitoring with reasonable access to boats and vehicles for the M210. purpose of enabling inspection of the catch and any record 5. Whilst engaged in the permitted activity the fisher shall not relating to the South Australian Pilchard Fishery Log Book use any of the devices registered on the fisher’s Marine Scalefish required to be completed under this notice. Fishery Licence. 16. The fisher must complete the South Australian Pilchard 6. The fisher must not take or be in possession of any other Fishery Log Book as described below: species of fish, other than the permitted species, while engaging Unloading to a shore based processing plant: in the permitted activity. (a) (i) The fisher shall complete all columns of the South 7. Any fish, which are not permitted species, taken as by-catch Australian Pilchard Fishery Log Book up to but by the fisher during the permitted activity must be immediately not including the column titled PILCHARD returned to the water. TONNAGE CAUGHT. 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2445

The fish can then be dispatched to the shore based processing 19. The fisher must complete a monthly return within 14 days plant. It is the responsibility of the fisher to make certain that all of the end of the previous month and forward it to SARDI. This fish are accurately weighed within 24 hours of the consignment to return must be completed regardless of whether the fisher took the processor: fish or not, i.e. nil returns are required. (ii) The fisher shall upon being notified by the 20. While engaged in the permitted activity the fisher must: processor of the total weight of fish unloaded (a) have in his possession the copy of this notice with complete the columns headed, PILCHARD which the Director of Fisheries has supplied him; and TONNAGE CAUGHT, OTHER SPECIES, TONNAGE CAUGHT (This refers to other (b) produce that notice to a Fisheries Officer forthwith, if species) and REMARKS. and when a Fisheries Officer requests him to produce it. For any unloading, if fishing has taken place on more than one day then this should be noted and the verified weight split as close 21. The fisher shall not contravene or fail to comply with the as possible to reflect the actual quantities taken on each day of Fisheries Act 1982, or any regulations made under that Act, fishing. except where specifically exempted by this notice. SCHEDULE 2 (b) Unloading at sea or direct to a tuna cage: In waters described as Area A: one purse seine net having a The fisher shall complete all columns of the South maximum length of 600 m, a maximum depth of 100 m and a Australian Pilchard Fishery Log Book immediately after mesh size of between 16 mm and 20 mm. capture and include an estimated tonnage in the column marked PILCHARD TONNAGE CAUGHT. In waters described as Area B: one purse seine net having a The estimated tonnage should be based on a recorded mesh size of between 16 mm and 20 mm. number of boxes of a certain capacity (weight) filled. SCHEDULE 3 17. The fisher then shall either by facsimile or in person For the purposes of this notice, Area A is defined as: deliver the completed (South Australian Pilchard Fishery Log Coastal waters within 3 nautical miles of high water mark or Book) form to the person nominated for quota monitoring within within 3 nautical miles to seaward of the base lines and bay 48 hours of the unloading. closure lines described in Table 1. 18. The fisher must provide regular samples of the permitted For the purposes of this notice, Area B is defined as: species for research analysis and assist in any other South Australian Research and Development Institute (SARDI) Coastal waters more than 3 nautical miles to seaward of high sponsored pilchard fishery research program as required by the water mark or more than 3 nautical miles to seaward of the Chief Scientist, Aquatic Sciences, SARDI. base lines and bay closure lines described in Table 1. Dated 30 April 1999. W. ZACHARIN, Director of Fisheries

TABLE 1 Base Lines and Bay Closure Lines of South Australia

Location From to Location

Base Lines Newland Head 35°38.68¢S 138°31.32¢E to 35°45.63¢S 138°18.17¢E The Pages 35°45.63¢S 138°18.17¢E to 35°46.65¢S 138°17.57¢E 35°46.88¢S 138°17.43¢E to 35°47.10¢S 138°17.33¢E The Pages 35°47.25¢S 138°17.15¢E to 35°50.70¢S 138°07.95¢E Cape Willoughby Vennachar Point 35°53.25¢S 136°31.97¢E to 34°57.20¢S 135°37.37¢E Cape Carnot 34°57.20¢S 135°37.37¢E to 34°56.90¢S 135°37.40¢E Pt Westall 32°54.38¢S 134°03.53¢E to 32°43.60¢S 133°57.77¢E Olives Island Olives Island 32°43.60¢S 133°57.77¢E to 32°35.18¢S 133°17.07¢E Fenelon Island Fenelon Island 32°34.92¢S 133°16.73¢E to 32°33.80¢S 133°16.58¢E Masillon Island Masillon Island 32°33.80¢S 133°16.58¢E to 32°30.90¢S 133°15.03¢E West Island West Island 32°30.47¢S 133°14.87¢E to 32°13.52¢S 133°06.62¢E Island 1 mile SW Pt Bell 32°13.52¢S 133°06.62¢E to 32°08.75¢S 132°59.32¢E Sinclair Island Sinclair Island 32°08.67¢S 132°59.28¢E to 32°07.62¢S 132°58.72¢E 32°07.62¢S 132°58.72¢E to 32°01.87¢S 132°28.27¢E Point Fowler Anxious Bay 33°12.05¢S 134°19.63¢E to 33°35.68¢S 134°45.05¢E 33°35.83¢S 134°45.90¢E to 33°35.98¢S 134°46.50¢E 33°36.72¢S 134°48.33¢E to 33°37.47¢S 134°49.67¢E Encounter Bay 35°35.80¢S 138°36.10¢E to 35°35.80¢S 138°57.40¢E Lacepede Bay 36°35.80¢S 139°50.00¢E to 36°56.60¢S 139°40.40¢E Rivoli Bay 37°34.02¢S 140°06.33¢E to 37°30.05¢S 140°00.80¢E 37°29.95¢S 140°00.68¢E to 37°29.87¢S 140°00.63¢E Bay Closure Lines Coffin Bay 34°09.07¢S 135°14.39¢E to 34°25.86¢S 135°12.41¢E Avoid Bay 34°35.49¢S 135°06.75¢E to 34°41.78¢S 135°19.65¢E 2446 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

FISHERIES ACT 1982: SECTION 59 16. The fisher must complete the South Australian Pilchard TAKE notice that, pursuant to section 59 of the Fisheries Act Fishery Log Book as described below: 1982, Mary Perich, P.O. Box 1240, Port Lincoln, S.A. 5606, or (a) Unloading to a shore based processing plant: her nominated replacement approved by the Director of Fisheries (i) The fisher shall complete all columns of the South (hereinafter referred to as the ‘fisher’) is exempt from section 41 Australian Pilchard Fishery Log Book up to but of the Fisheries Act 1982, subject to the conditions contained in not including the column titled PILCHARD Schedule 1 to this exemption, in that they shall not be guilty of TONNAGE CAUGHT. an offence when using a fine mesh purse seine net as described in Schedule 2 for the taking of pilchards (Sardinops neopilchardus) The fish can then be dispatched to the shore based processing and other species within the Families Clupeidae and Engraulididae plant. It is the responsibility of the fisher to make certain that all (hereinafter referred to as the ‘permitted species’) for the fish are accurately weighed within 24 hours of the consignment to purpose of trade or business in marine waters of South Australia as the processor: described in Schedule 3 as Area A and Area B (hereinafter referred (ii) The fisher shall upon being notified by the to as the ‘permitted activity’). processor of the total weight of fish unloaded SCHEDULE 1 complete the columns headed, PILCHARD TONNAGE CAUGHT, OTHER SPECIES, 1. The fisher may engage in the permitted activity from the TONNAGE CAUGHT (This refers to other date of gazettal of this notice until 31 May 1999, or until species) and REMARKS. revoked by the Director of Fisheries. For any unloading, if fishing has taken place on more than one 2. This exemption is valid only in respect of the fishing vessel day then this should be noted and the verified weight split as close Dageraad (hereinafter referred to as the ‘permitted boat’) as possible to reflect the actual quantities taken on each day of registered on the fisher’s Marine Scalefish Fishery Licence No. fishing. M172. Unloading at sea or direct to a tuna cage: 3. The fisher must be on board the permitted boat at all times (b) while the boat is being used for the purpose of engaging in the The fisher shall complete all columns of the South permitted activity. Australian Pilchard Fishery Log Book immediately after capture and include an estimated tonnage in the 4. Whilst using a nominated master to take pilchards pursuant column marked PILCHARD TONNAGE CAUGHT. to this notice, no other fishing activity shall be undertaken by the The estimated tonnage should be based on a recorded licence holder pursuant to Marine Scalefish Fishery Licence No. number of boxes of a certain capacity (weight) filled. M172. 17. The fisher then shall either by facsimile or in person 5. Whilst engaged in the permitted activity the fisher shall not deliver the completed (South Australian Pilchard Fishery Log use any of the devices registered on the fisher’s Marine Scalefish Book) form to the person nominated for quota monitoring within Fishery Licence. 48 hours of the unloading. 6. The fisher must not take or be in possession of any other 18. The fisher must provide regular samples of the permitted species of fish, other than the permitted species, while engaging species for research analysis and assist in any other South in the permitted activity. Australian Research and Development Institute (SARDI) 7. Any fish, which are not permitted species, taken as by-catch sponsored pilchard fishery research program as required by the by the fisher during the permitted activity must be immediately Chief Scientist, Aquatic Sciences, SARDI. returned to the water. 19. The fisher must complete a monthly return within 14 days 8. The fisher shall not, during the period 1 January 1999 to 31 of the end of the previous month and forward it to SARDI. This May 1999, take a quantity of permitted species which exceeds return must be completed regardless of whether the fisher took her quota of 43.45 units at 6.427 tonnes per unit (which is equal fish or not, i.e. nil returns are required. to 279.25 tonnes). 20. While engaged in the permitted activity the fisher must: 9. The fisher may with the prior approval of the Director of (a) have in her possession the copy of this notice with Fisheries transfer uncaught units of quota during the period of this which the Director of Fisheries has supplied her; and notice. (b) produce that notice to a Fisheries Officer forthwith, if 10. Fish taken pursuant to this notice as the result of a transfer and when a Fisheries Officer requests her to produce of quota must be taken in the area as described (and disposed of as it. described) in the permit conditions of the holder of the initial allocation. 21. The fisher shall not contravene or fail to comply with the Fisheries Act 1982, or any regulations made under that Act, 11. The fisher may transfer catch taken pursuant to this notice except where specifically exempted by this notice. to a carrier boat at sea subject to nominating the boats in advance. SCHEDULE 2 12. The fisher may nominate no more than two carrier boats In waters described as Area A: one purse seine net having a at any one time. Notification of boat name must be provided to maximum length of 600 m, a maximum depth of 100 m and a the person or agency responsible for conducting quota monitoring mesh size of between 16 mm and 20 mm. operations. In waters described as Area B: one purse seine net having a 13. Where the fisher transfers all or part of her catch to a mesh size of between 16 mm and 20 mm. carrier boat that portion of the catch must be accompanied by a SCHEDULE 3 South Australian Pilchard Fishery Log Book, completed as required by condition 16 of this notice. For the purposes of this notice, Area A is defined as: 14. The fisher must notify the person nominated for quota Coastal waters within 3 nautical miles of high water mark or monitoring, by telephone, of the intended place of any unloading within 3 nautical miles to seaward of the base lines and bay and the estimated weight of the catch at least one hour prior to closure lines described in Table 1. the unloading taking place. For the purposes of this notice, Area B is defined as: 15. The fisher must provide the person nominated for quota Coastal waters more than 3 nautical miles to seaward of high monitoring with reasonable access to boats and vehicles for the water mark or more than 3 nautical miles to seaward of the purpose of enabling inspection of the catch and any record base lines and bay closure lines described in Table 1. relating to the South Australian Pilchard Fishery Log Book required to be completed under this notice. Dated 30 April 1999. W. ZACHARIN, Director of Fisheries 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2447

TABLE 1 Base Lines and Bay Closure Lines of South Australia

Location From to Location

Base Lines Newland Head 35°38.68¢S 138°31.32¢E to 35°45.63¢S 138°18.17¢E The Pages 35°45.63¢S 138°18.17¢E to 35°46.65¢S 138°17.57¢E 35°46.88¢S 138°17.43¢E to 35°47.10¢S 138°17.33¢E The Pages 35°47.25¢S 138°17.15¢E to 35°50.70¢S 138°07.95¢E Cape Willoughby Vennachar Point 35°53.25¢S 136°31.97¢E to 34°57.20¢S 135°37.37¢E Cape Carnot 34°57.20¢S 135°37.37¢E to 34°56.90¢S 135°37.40¢E Pt Westall 32°54.38¢S 134°03.53¢E to 32°43.60¢S 133°57.77¢E Olives Island Olives Island 32°43.60¢S 133°57.77¢E to 32°35.18¢S 133°17.07¢E Fenelon Island Fenelon Island 32°34.92¢S 133°16.73¢E to 32°33.80¢S 133°16.58¢E Masillon Island Masillon Island 32°33.80¢S 133°16.58¢E to 32°30.90¢S 133°15.03¢E West Island West Island 32°30.47¢S 133°14.87¢E to 32°13.52¢S 133°06.62¢E Island 1 mile SW Pt Bell 32°13.52¢S 133°06.62¢E to 32°08.75¢S 132°59.32¢E Sinclair Island Sinclair Island 32°08.67¢S 132°59.28¢E to 32°07.62¢S 132°58.72¢E 32°07.62¢S 132°58.72¢E to 32°01.87¢S 132°28.27¢E Point Fowler Anxious Bay 33°12.05¢S 134°19.63¢E to 33°35.68¢S 134°45.05¢E 33°35.83¢S 134°45.90¢E to 33°35.98¢S 134°46.50¢E 33°36.72¢S 134°48.33¢E to 33°37.47¢S 134°49.67¢E Encounter Bay 35°35.80¢S 138°36.10¢E to 35°35.80¢S 138°57.40¢E Lacepede Bay 36°35.80¢S 139°50.00¢E to 36°56.60¢S 139°40.40¢E Rivoli Bay 37°34.02¢S 140°06.33¢E to 37°30.05¢S 140°00.80¢E 37°29.95¢S 140°00.68¢E to 37°29.87¢S 140°00.63¢E Bay Closure Lines Coffin Bay 34°09.07¢S 135°14.39¢E to 34°25.86¢S 135°12.41¢E Avoid Bay 34°35.49¢S 135°06.75¢E to 34°41.78¢S 135°19.65¢E

FISHERIES ACT 1982: SECTION 59 8. The fisher shall not, during the period 1 January 1999 to 31 TAKE notice that, pursuant to section 59 of the Fisheries Act May 1999, take a quantity of permitted species which exceeds his 1982, Gary Feuerherdt, P.O. Box 712, Port Lincoln, S.A. 5606, quota of 43.45 units at 6.427 tonnes per unit (which is equal to or his nominated replacement approved by the Director of 279.25 tonnes). Fisheries (hereinafter referred to as the ‘fisher’) is exempt from 9. The fisher may with the prior approval of the Director of section 41 of the Fisheries Act 1982, subject to the conditions Fisheries transfer uncaught units of quota during the period of this contained in Schedule 1 to this exemption, in that they shall not notice. be guilty of an offence when using a fine mesh purse seine net as 10. Fish taken pursuant to this notice as the result of a transfer described in Schedule 2 for the taking of pilchards (Sardinops of quota must be taken in the area as described (and disposed of as neopilchardus) and other species within the Families Clupeidae described) in the permit conditions of the holder of the initial and Engraulididae (hereinafter referred to as the ‘permitted allocation. species’) for the purpose of trade or business in marine waters of South Australia as described in Schedule 3 as Area A and Area B 11. The fisher may transfer catch taken pursuant to this notice (hereinafter referred to as the ‘permitted activity’). to a carrier boat at sea subject to nominating the boats in advance. SCHEDULE 1 12. The fisher may nominate no more than two carrier boats 1. The fisher may engage in the permitted activity from the at any one time. Notification of boat name must be provided to date of gazettal of this notice until 31 May 1999, or until the person or agency responsible for conducting quota monitoring revoked by the Director of Fisheries. operations. 2. This exemption is valid only in respect of the fishing vessel 13. Where the fisher transfers all or part of his catch to a Odyssey S (hereinafter referred to as the ‘permitted boat’) carrier boat that portion of the catch must be accompanied by a registered on the fisher’s Marine Scalefish Fishery Licence No. South Australian Pilchard Fishery Log Book, completed as M153. required by condition 16 of this notice. 3. The fisher must be on board the permitted boat at all times 14. The fisher must notify the person nominated for quota while the boat is being used for the purpose of engaging in the monitoring, by telephone, of the intended place of any unloading permitted activity. and the estimated weight of the catch at least one hour prior to 4. Whilst using a nominated master to take pilchards pursuant the unloading taking place. to this notice, no other fishing activity shall be undertaken by the 15. The fisher must provide the person nominated for quota licence holder pursuant to Marine Scalefish Fishery Licence No. monitoring with reasonable access to boats and vehicles for the M153. purpose of enabling inspection of the catch and any record 5. Whilst engaged in the permitted activity the fisher shall not relating to the South Australian Pilchard Fishery Log Book use any of the devices registered on the fisher’s Marine Scalefish required to be completed under this notice. Fishery Licence. 16. The fisher must complete the South Australian Pilchard 6. The fisher must not take or be in possession of any other Fishery Log Book as described below: species of fish, other than the permitted species, while engaging Unloading to a shore based processing plant: in the permitted activity. (a) (i) The fisher shall complete all columns of the South 7. Any fish, which are not permitted species, taken as by-catch Australian Pilchard Fishery Log Book up to but by the fisher during the permitted activity must be immediately not including the column titled PILCHARD returned to the water. TONNAGE CAUGHT. 2448 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

The fish can then be dispatched to the shore based processing 19. The fisher must complete a monthly return within 14 days plant. It is the responsibility of the fisher to make certain that all of the end of the previous month and forward it to SARDI. This fish are accurately weighed within 24 hours of the consignment to return must be completed regardless of whether the fisher took the processor: fish or not, i.e. nil returns are required. (ii) The fisher shall upon being notified by the 20. While engaged in the permitted activity the fisher must: processor of the total weight of fish unloaded (a) have in his possession the copy of this notice with complete the columns headed, PILCHARD which the Director of Fisheries has supplied him; and TONNAGE CAUGHT, OTHER SPECIES, TONNAGE CAUGHT (This refers to other (b) produce that notice to a Fisheries Officer forthwith, if species) and REMARKS. and when a Fisheries Officer requests him to produce it. For any unloading, if fishing has taken place on more than one day then this should be noted and the verified weight split as close 21. The fisher shall not contravene or fail to comply with the as possible to reflect the actual quantities taken on each day of Fisheries Act 1982, or any regulations made under that Act, fishing. except where specifically exempted by this notice. SCHEDULE 2 (b) Unloading at sea or direct to a tuna cage: In waters described as Area A: one purse seine net having a The fisher shall complete all columns of the South maximum length of 600 m, a maximum depth of 100 m and a Australian Pilchard Fishery Log Book immediately after mesh size of between 16 mm and 20 mm. capture and include an estimated tonnage in the column marked PILCHARD TONNAGE CAUGHT. In waters described as Area B: one purse seine net having a The estimated tonnage should be based on a recorded mesh size of between 16 mm and 20 mm. number of boxes of a certain capacity (weight) filled. SCHEDULE 3 17. The fisher then shall either by facsimile or in person For the purposes of this notice, Area A is defined as: deliver the completed (South Australian Pilchard Fishery Log Coastal waters within 3 nautical miles of high water mark or Book) form to the person nominated for quota monitoring within within 3 nautical miles to seaward of the base lines and bay 48 hours of the unloading. closure lines described in Table 1. 18. The fisher must provide regular samples of the permitted For the purposes of this notice, Area B is defined as: species for research analysis and assist in any other South Australian Research and Development Institute (SARDI) Coastal waters more than 3 nautical miles to seaward of high sponsored pilchard fishery research program as required by the water mark or more than 3 nautical miles to seaward of the Chief Scientist, Aquatic Sciences, SARDI. base lines and bay closure lines described in Table 1. Dated 30 April 1999. W. ZACHARIN, Director of Fisheries

TABLE 1 Base Lines and Bay Closure Lines of South Australia

Location From to Location

Base Lines Newland Head 35°38.68¢S 138°31.32¢E to 35°45.63¢S 138°18.17¢E The Pages 35°45.63¢S 138°18.17¢E to 35°46.65¢S 138°17.57¢E 35°46.88¢S 138°17.43¢E to 35°47.10¢S 138°17.33¢E The Pages 35°47.25¢S 138°17.15¢E to 35°50.70¢S 138°07.95¢E Cape Willoughby Vennachar Point 35°53.25¢S 136°31.97¢E to 34°57.20¢S 135°37.37¢E Cape Carnot 34°57.20¢S 135°37.37¢E to 34°56.90¢S 135°37.40¢E Pt Westall 32°54.38¢S 134°03.53¢E to 32°43.60¢S 133°57.77¢E Olives Island Olives Island 32°43.60¢S 133°57.77¢E to 32°35.18¢S 133°17.07¢E Fenelon Island Fenelon Island 32°34.92¢S 133°16.73¢E to 32°33.80¢S 133°16.58¢E Masillon Island Masillon Island 32°33.80¢S 133°16.58¢E to 32°30.90¢S 133°15.03¢E West Island West Island 32°30.47¢S 133°14.87¢E to 32°13.52¢S 133°06.62¢E Island 1 mile SW Pt Bell 32°13.52¢S 133°06.62¢E to 32°08.75¢S 132°59.32¢E Sinclair Island Sinclair Island 32°08.67¢S 132°59.28¢E to 32°07.62¢S 132°58.72¢E 32°07.62¢S 132°58.72¢E to 32°01.87¢S 132°28.27¢E Point Fowler Anxious Bay 33°12.05¢S 134°19.63¢E to 33°35.68¢S 134°45.05¢E 33°35.83¢S 134°45.90¢E to 33°35.98¢S 134°46.50¢E 33°36.72¢S 134°48.33¢E to 33°37.47¢S 134°49.67¢E Encounter Bay 35°35.80¢S 138°36.10¢E to 35°35.80¢S 138°57.40¢E Lacepede Bay 36°35.80¢S 139°50.00¢E to 36°56.60¢S 139°40.40¢E Rivoli Bay 37°34.02¢S 140°06.33¢E to 37°30.05¢S 140°00.80¢E 37°29.95¢S 140°00.68¢E to 37°29.87¢S 140°00.63¢E Bay Closure Lines Coffin Bay 34°09.07¢S 135°14.39¢E to 34°25.86¢S 135°12.41¢E Avoid Bay 34°35.49¢S 135°06.75¢E to 34°41.78¢S 135°19.65¢E 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2449

FISHERIES ACT 1982: SECTION 59 16. The fisher must complete the South Australian Pilchard TAKE notice that, pursuant to section 59 of the Fisheries Act Fishery Log Book as described below: 1982, Vic Valcic, 6 The Mews, Lincoln Cove, Port Lincoln, S.A. (a) Unloading to a shore based processing plant: 5606, or his nominated replacement approved by the Director of (i) The fisher shall complete all columns of the South Fisheries (hereinafter referred to as the ‘fisher’) is exempt from Australian Pilchard Fishery Log Book up to but section 41 of the Fisheries Act 1982, subject to the conditions not including the column titled PILCHARD contained in Schedule 1 to this exemption, in that they shall not TONNAGE CAUGHT. be guilty of an offence when using a fine mesh purse seine net as described in Schedule 2 for the taking of pilchards (Sardinops The fish can then be dispatched to the shore based processing neopilchardus) and other species within the Families Clupeidae plant. It is the responsibility of the fisher to make certain that all and Engraulididae (hereinafter referred to as the ‘permitted fish are accurately weighed within 24 hours of the consignment to species’) for the purpose of trade or business in marine waters of the processor: South Australia as described in Schedule 3 as Area A and Area B (ii) The fisher shall upon being notified by the (hereinafter referred to as the ‘permitted activity’). processor of the total weight of fish unloaded SCHEDULE 1 complete the columns headed, PILCHARD TONNAGE CAUGHT, OTHER SPECIES, 1. The fisher may engage in the permitted activity from the TONNAGE CAUGHT (This refers to other date of gazettal of this notice until 31 May 1999, or until species) and REMARKS. revoked by the Director of Fisheries. For any unloading, if fishing has taken place on more than one 2. This exemption is valid only in respect of the fishing vessel day then this should be noted and the verified weight split as close Revina 2 (hereinafter referred to as the ‘permitted boat’) as possible to reflect the actual quantities taken on each day of registered on the fisher’s Marine Scalefish Fishery Licence No. fishing. M488. Unloading at sea or direct to a tuna cage: 3. The fisher must be on board the permitted boat at all times (b) while the boat is being used for the purpose of engaging in the The fisher shall complete all columns of the South permitted activity. Australian Pilchard Fishery Log Book immediately after capture and include an estimated tonnage in the 4. Whilst using a nominated master to take pilchards pursuant column marked PILCHARD TONNAGE CAUGHT. to this notice, no other fishing activity shall be undertaken by the The estimated tonnage should be based on a recorded licence holder pursuant to Marine Scalefish Fishery Licence No. number of boxes of a certain capacity (weight) filled. M488. 17. The fisher then shall either by facsimile or in person 5. Whilst engaged in the permitted activity the fisher shall not deliver the completed (South Australian Pilchard Fishery Log use any of the devices registered on the fisher’s Marine Scalefish Book) form to the person nominated for quota monitoring within Fishery Licence. 48 hours of the unloading. 6. The fisher must not take or be in possession of any other 18. The fisher must provide regular samples of the permitted species of fish, other than the permitted species, while engaging species for research analysis and assist in any other South in the permitted activity. Australian Research and Development Institute (SARDI) 7. Any fish, which are not permitted species, taken as by-catch sponsored pilchard fishery research program as required by the by the fisher during the permitted activity must be immediately Chief Scientist, Aquatic Sciences, SARDI. returned to the water. 19. The fisher must complete a monthly return within 14 days 8. The fisher shall not, during the period 1 January 1999 to 31 of the end of the previous month and forward it to SARDI. This May 1999, take a quantity of permitted species which exceeds his return must be completed regardless of whether the fisher took quota of 43.45 units at 6.427 tonnes per unit (which is equal to fish or not, i.e. nil returns are required. 279.25 tonnes). 20. While engaged in the permitted activity the fisher must: 9. The fisher may with the prior approval of the Director of (a) have in his possession the copy of this notice with Fisheries transfer uncaught units of quota during the period of this which the Director of Fisheries has supplied him; and notice. (b) produce that notice to a Fisheries Officer forthwith, if 10. Fish taken pursuant to this notice as the result of a transfer and when a Fisheries Officer requests him to produce of quota must be taken in the area as described (and disposed of as it. described) in the permit conditions of the holder of the initial allocation. 21. The fisher shall not contravene or fail to comply with the Fisheries Act 1982, or any regulations made under that Act, 11. The fisher may transfer catch taken pursuant to this notice except where specifically exempted by this notice. to a carrier boat at sea subject to nominating the boats in advance. SCHEDULE 2 12. The fisher may nominate no more than two carrier boats In waters described as Area A: one purse seine net having a at any one time. Notification of boat name must be provided to maximum length of 600 m, a maximum depth of 100 m and a the person or agency responsible for conducting quota monitoring mesh size of between 16 mm and 20 mm. operations. In waters described as Area B: one purse seine net having a 13. Where the fisher transfers all or part of his catch to a mesh size of between 16 mm and 20 mm. carrier boat that portion of the catch must be accompanied by a SCHEDULE 3 South Australian Pilchard Fishery Log Book, completed as required by condition 16 of this notice. For the purposes of this notice, Area A is defined as: 14. The fisher must notify the person nominated for quota Coastal waters within 3 nautical miles of high water mark or monitoring, by telephone, of the intended place of any unloading within 3 nautical miles to seaward of the base lines and bay and the estimated weight of the catch at least one hour prior to closure lines described in Table 1. the unloading taking place. For the purposes of this notice, Area B is defined as: 15. The fisher must provide the person nominated for quota Coastal waters more than 3 nautical miles to seaward of high monitoring with reasonable access to boats and vehicles for the water mark or more than 3 nautical miles to seaward of the purpose of enabling inspection of the catch and any record base lines and bay closure lines described in Table 1. relating to the South Australian Pilchard Fishery Log Book required to be completed under this notice. Dated 30 April 1999. W. ZACHARIN, Director of Fisheries 2450 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

TABLE 1 Base Lines and Bay Closure Lines of South Australia

Location From to Location

Base Lines Newland Head 35°38.68¢S 138°31.32¢E to 35°45.63¢S 138°18.17¢E The Pages 35°45.63¢S 138°18.17¢E to 35°46.65¢S 138°17.57¢E 35°46.88¢S 138°17.43¢E to 35°47.10¢S 138°17.33¢E The Pages 35°47.25¢S 138°17.15¢E to 35°50.70¢S 138°07.95¢E Cape Willoughby Vennachar Point 35°53.25¢S 136°31.97¢E to 34°57.20¢S 135°37.37¢E Cape Carnot 34°57.20¢S 135°37.37¢E to 34°56.90¢S 135°37.40¢E Pt Westall 32°54.38¢S 134°03.53¢E to 32°43.60¢S 133°57.77¢E Olives Island Olives Island 32°43.60¢S 133°57.77¢E to 32°35.18¢S 133°17.07¢E Fenelon Island Fenelon Island 32°34.92¢S 133°16.73¢E to 32°33.80¢S 133°16.58¢E Masillon Island Masillon Island 32°33.80¢S 133°16.58¢E to 32°30.90¢S 133°15.03¢E West Island West Island 32°30.47¢S 133°14.87¢E to 32°13.52¢S 133°06.62¢E Island 1 mile SW Pt Bell 32°13.52¢S 133°06.62¢E to 32°08.75¢S 132°59.32¢E Sinclair Island Sinclair Island 32°08.67¢S 132°59.28¢E to 32°07.62¢S 132°58.72¢E 32°07.62¢S 132°58.72¢E to 32°01.87¢S 132°28.27¢E Point Fowler Anxious Bay 33°12.05¢S 134°19.63¢E to 33°35.68¢S 134°45.05¢E 33°35.83¢S 134°45.90¢E to 33°35.98¢S 134°46.50¢E 33°36.72¢S 134°48.33¢E to 33°37.47¢S 134°49.67¢E Encounter Bay 35°35.80¢S 138°36.10¢E to 35°35.80¢S 138°57.40¢E Lacepede Bay 36°35.80¢S 139°50.00¢E to 36°56.60¢S 139°40.40¢E Rivoli Bay 37°34.02¢S 140°06.33¢E to 37°30.05¢S 140°00.80¢E 37°29.95¢S 140°00.68¢E to 37°29.87¢S 140°00.63¢E Bay Closure Lines Coffin Bay 34°09.07¢S 135°14.39¢E to 34°25.86¢S 135°12.41¢E Avoid Bay 34°35.49¢S 135°06.75¢E to 34°41.78¢S 135°19.65¢E

FISHERIES ACT 1982: SECTION 59 8. The fisher shall not, during the period 1 January 1999 to 31 TAKE notice that, pursuant to section 59 of the Fisheries Act May 1999, take a quantity of permitted species which exceeds his 1982, Joe (junior) Puglisi, P.O. Box 1607, Port Lincoln, S.A. quota of 43.45 units at 6.427 tonnes per unit (which is equal to 5606, or his nominated replacement approved by the Director of 279.25 tonnes). Fisheries (hereinafter referred to as the ‘fisher’) is exempt from 9. The fisher may with the prior approval of the Director of section 41 of the Fisheries Act 1982, subject to the conditions Fisheries transfer uncaught units of quota during the period of this contained in Schedule 1 to this exemption, in that they shall not notice. be guilty of an offence when using a fine mesh purse seine net as 10. Fish taken pursuant to this notice as the result of a transfer described in Schedule 2 for the taking of pilchards (Sardinops of quota must be taken in the area as described (and disposed of as neopilchardus) and other species within the Families Clupeidae described) in the permit conditions of the holder of the initial and Engraulididae (hereinafter referred to as the ‘permitted allocation. species’) for the purpose of trade or business in marine waters of South Australia as described in Schedule 3 as Area A and Area B 11. The fisher may transfer catch taken pursuant to this notice (hereinafter referred to as the ‘permitted activity’). to a carrier boat at sea subject to nominating the boats in advance. SCHEDULE 1 12. The fisher may nominate no more than two carrier boats 1. The fisher may engage in the permitted activity from the at any one time. Notification of boat name must be provided to date of gazettal of this notice until 31 May 1999, or until the person or agency responsible for conducting quota monitoring revoked by the Director of Fisheries. operations. 2. This exemption is valid only in respect of the fishing vessel 13. Where the fisher transfers all or part of his catch to a Sardinops (hereinafter referred to as the ‘permitted boat’) carrier boat that portion of the catch must be accompanied by a registered on the fisher’s Marine Scalefish Fishery Licence No. South Australian Pilchard Fishery Log Book, completed as M429. required by condition 16 of this notice. 3. The fisher must be on board the permitted boat at all times 14. The fisher must notify the person nominated for quota while the boat is being used for the purpose of engaging in the monitoring, by telephone, of the intended place of any unloading permitted activity. and the estimated weight of the catch at least one hour prior to 4. Whilst using a nominated master to take pilchards pursuant the unloading taking place. to this notice, no other fishing activity shall be undertaken by the 15. The fisher must provide the person nominated for quota licence holder pursuant to Marine Scalefish Fishery Licence No. monitoring with reasonable access to boats and vehicles for the M429. purpose of enabling inspection of the catch and any record 5. Whilst engaged in the permitted activity the fisher shall not relating to the South Australian Pilchard Fishery Log Book use any of the devices registered on the fisher’s Marine Scalefish required to be completed under this notice. Fishery Licence. 16. The fisher must complete the South Australian Pilchard 6. The fisher must not take or be in possession of any other Fishery Log Book as described below: species of fish, other than the permitted species, while engaging Unloading to a shore based processing plant: in the permitted activity. (a) (i) The fisher shall complete all columns of the South 7. Any fish, which are not permitted species, taken as by-catch Australian Pilchard Fishery Log Book up to but by the fisher during the permitted activity must be immediately not including the column titled PILCHARD returned to the water. TONNAGE CAUGHT. 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2451

The fish can then be dispatched to the shore based processing 19. The fisher must complete a monthly return within 14 days plant. It is the responsibility of the fisher to make certain that all of the end of the previous month and forward it to SARDI. This fish are accurately weighed within 24 hours of the consignment to return must be completed regardless of whether the fisher took the processor: fish or not, i.e. nil returns are required. (ii) The fisher shall upon being notified by the 20. While engaged in the permitted activity the fisher must: processor of the total weight of fish unloaded (a) have in his possession the copy of this notice with complete the columns headed, PILCHARD which the Director of Fisheries has supplied him; and TONNAGE CAUGHT, OTHER SPECIES, TONNAGE CAUGHT (This refers to other (b) produce that notice to a Fisheries Officer forthwith, if species) and REMARKS. and when a Fisheries Officer requests him to produce it. For any unloading, if fishing has taken place on more than one day then this should be noted and the verified weight split as close 21. The fisher shall not contravene or fail to comply with the as possible to reflect the actual quantities taken on each day of Fisheries Act 1982, or any regulations made under that Act, fishing. except where specifically exempted by this notice. SCHEDULE 2 (b) Unloading at sea or direct to a tuna cage: In waters described as Area A: one purse seine net having a The fisher shall complete all columns of the South maximum length of 600 m, a maximum depth of 100 m and a Australian Pilchard Fishery Log Book immediately after mesh size of between 16 mm and 20 mm. capture and include an estimated tonnage in the column marked PILCHARD TONNAGE CAUGHT. In waters described as Area B: one purse seine net having a The estimated tonnage should be based on a recorded mesh size of between 16 mm and 20 mm. number of boxes of a certain capacity (weight) filled. SCHEDULE 3 17. The fisher then shall either by facsimile or in person For the purposes of this notice, Area A is defined as: deliver the completed (South Australian Pilchard Fishery Log Coastal waters within 3 nautical miles of high water mark or Book) form to the person nominated for quota monitoring within within 3 nautical miles to seaward of the base lines and bay 48 hours of the unloading. closure lines described in Table 1. 18. The fisher must provide regular samples of the permitted For the purposes of this notice, Area B is defined as: species for research analysis and assist in any other South Australian Research and Development Institute (SARDI) Coastal waters more than 3 nautical miles to seaward of high sponsored pilchard fishery research program as required by the water mark or more than 3 nautical miles to seaward of the Chief Scientist, Aquatic Sciences, SARDI. base lines and bay closure lines described in Table 1. Dated 30 April 1999. W. ZACHARIN, Director of Fisheries

TABLE 1 Base Lines and Bay Closure Lines of South Australia

Location From to Location

Base Lines Newland Head 35°38.68¢S 138°31.32¢E to 35°45.63¢S 138°18.17¢E The Pages 35°45.63¢S 138°18.17¢E to 35°46.65¢S 138°17.57¢E 35°46.88¢S 138°17.43¢E to 35°47.10¢S 138°17.33¢E The Pages 35°47.25¢S 138°17.15¢E to 35°50.70¢S 138°07.95¢E Cape Willoughby Vennachar Point 35°53.25¢S 136°31.97¢E to 34°57.20¢S 135°37.37¢E Cape Carnot 34°57.20¢S 135°37.37¢E to 34°56.90¢S 135°37.40¢E Pt Westall 32°54.38¢S 134°03.53¢E to 32°43.60¢S 133°57.77¢E Olives Island Olives Island 32°43.60¢S 133°57.77¢E to 32°35.18¢S 133°17.07¢E Fenelon Island Fenelon Island 32°34.92¢S 133°16.73¢E to 32°33.80¢S 133°16.58¢E Masillon Island Masillon Island 32°33.80¢S 133°16.58¢E to 32°30.90¢S 133°15.03¢E West Island West Island 32°30.47¢S 133°14.87¢E to 32°13.52¢S 133°06.62¢E Island 1 mile SW Pt Bell 32°13.52¢S 133°06.62¢E to 32°08.75¢S 132°59.32¢E Sinclair Island Sinclair Island 32°08.67¢S 132°59.28¢E to 32°07.62¢S 132°58.72¢E 32°07.62¢S 132°58.72¢E to 32°01.87¢S 132°28.27¢E Point Fowler Anxious Bay 33°12.05¢S 134°19.63¢E to 33°35.68¢S 134°45.05¢E 33°35.83¢S 134°45.90¢E to 33°35.98¢S 134°46.50¢E 33°36.72¢S 134°48.33¢E to 33°37.47¢S 134°49.67¢E Encounter Bay 35°35.80¢S 138°36.10¢E to 35°35.80¢S 138°57.40¢E Lacepede Bay 36°35.80¢S 139°50.00¢E to 36°56.60¢S 139°40.40¢E Rivoli Bay 37°34.02¢S 140°06.33¢E to 37°30.05¢S 140°00.80¢E 37°29.95¢S 140°00.68¢E to 37°29.87¢S 140°00.63¢E Bay Closure Lines Coffin Bay 34°09.07¢S 135°14.39¢E to 34°25.86¢S 135°12.41¢E Avoid Bay 34°35.49¢S 135°06.75¢E to 34°41.78¢S 135°19.65¢E 2452 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

FISHERIES ACT 1982: SECTION 59 16. The fisher must complete the South Australian Pilchard TAKE notice that, pursuant to section 59 of the Fisheries Act Fishery Log Book as described below: 1982, Branko Sarunic, P.O. Box 993, Port Lincoln, S.A. 5606 or (a) Unloading to a shore based processing plant: his nominated replacement approved by the Director of Fisheries (i) The fisher shall complete all columns of the South (hereinafter referred to as the ‘fisher’) is exempt from section 41 Australian Pilchard Fishery Log Book up to but of the Fisheries Act 1982, subject to the conditions contained in not including the column titled PILCHARD Schedule 1 to this exemption, in that they shall not be guilty of TONNAGE CAUGHT. an offence when using a fine mesh purse seine net as described in Schedule 2 for the taking of pilchards (Sardinops neopilchardus) The fish can then be dispatched to the shore based processing and other species within the Families Clupeidae and Engraulididae plant. It is the responsibility of the fisher to make certain that all (hereinafter referred to as the ‘permitted species’) for the fish are accurately weighed within 24 hours of the consignment to purpose of trade or business in marine waters of South Australia as the processor: described in Schedule 3 as Area A and Area B (hereinafter referred (ii) The fisher shall upon being notified by the to as the ‘permitted activity’). processor of the total weight of fish unloaded SCHEDULE 1 complete the columns headed, PILCHARD TONNAGE CAUGHT, OTHER SPECIES, 1. The fisher may engage in the permitted activity from the TONNAGE CAUGHT (This refers to other date of gazettal of this notice until 31 May 1999, or until species) and REMARKS. revoked by the Director of Fisheries. For any unloading, if fishing has taken place on more than one 2. This exemption is valid only in respect of the fishing vessel day then this should be noted and the verified weight split as close Nazare (hereinafter referred to as the ‘permitted boat’) registered as possible to reflect the actual quantities taken on each day of on the fisher’s Marine Scalefish Fishery Licence No. M354. fishing. 3. The fisher must be on board the permitted boat at all times Unloading at sea or direct to a tuna cage: while the boat is being used for the purpose of engaging in the (b) permitted activity. The fisher shall complete all columns of the South Australian Pilchard Fishery Log Book immediately after 4. Whilst using a nominated master to take pilchards pursuant capture and include an estimated tonnage in the to this notice, no other fishing activity shall be undertaken by the column marked PILCHARD TONNAGE CAUGHT. licence holder pursuant to Marine Scalefish Fishery Licence No. The estimated tonnage should be based on a recorded M354. number of boxes of a certain capacity (weight) filled. 5. Whilst engaged in the permitted activity the fisher shall not 17. The fisher then shall either by facsimile or in person use any of the devices registered on the fisher’s Marine Scalefish deliver the completed (South Australian Pilchard Fishery Log Fishery Licence. Book) form to the person nominated for quota monitoring within 6. The fisher must not take or be in possession of any other 48 hours of the unloading. species of fish, other than the permitted species, while engaging 18. The fisher must provide regular samples of the permitted in the permitted activity. species for research analysis and assist in any other South 7. Any fish, which are not permitted species, taken as by-catch Australian Research and Development Institute (SARDI) by the fisher during the permitted activity must be immediately sponsored pilchard fishery research program as required by the returned to the water. Chief Scientist, Aquatic Sciences, SARDI. 8. The fisher shall not, during the period 1 January 1999 to 31 19. The fisher must complete a monthly return within 14 days May 1999, take a quantity of permitted species which exceeds his of the end of the previous month and forward it to SARDI. This quota of 43.45 units at 6.427 tonnes per unit (which is equal to return must be completed regardless of whether the fisher took 279.25 tonnes). fish or not, i.e. nil returns are required. 9. The fisher may with the prior approval of the Director of 20. While engaged in the permitted activity the fisher must: Fisheries transfer uncaught units of quota during the period of this (a) have in his possession the copy of this notice with notice. which the Director of Fisheries has supplied him; and 10. Fish taken pursuant to this notice as the result of a transfer (b) produce that notice to a Fisheries Officer forthwith, if of quota must be taken in the area as described (and disposed of as and when a Fisheries Officer requests him to produce described) in the permit conditions of the holder of the initial it. allocation. 21. The fisher shall not contravene or fail to comply with the 11. The fisher may transfer catch taken pursuant to this notice Fisheries Act 1982, or any regulations made under that Act, to a carrier boat at sea subject to nominating the boats in except where specifically exempted by this notice. advance. SCHEDULE 2 12. The fisher may nominate no more than two carrier boats at any one time. Notification of boat name must be provided to In waters described as Area A: one purse seine net having a the person or agency responsible for conducting quota monitoring maximum length of 600 m, a maximum depth of 100 m and a operations. mesh size of between 16 mm and 20 mm. 13. Where the fisher transfers all or part of his catch to a In waters described as Area B: one purse seine net having a carrier boat that portion of the catch must be accompanied by a mesh size of between 16 mm and 20 mm. South Australian Pilchard Fishery Log Book, completed as SCHEDULE 3 required by condition 16 of this notice. For the purposes of this notice, Area A is defined as: 14. The fisher must notify the person nominated for quota monitoring, by telephone, of the intended place of any unloading Coastal waters within 3 nautical miles of high water mark or and the estimated weight of the catch at least one hour prior to within 3 nautical miles to seaward of the base lines and bay the unloading taking place. closure lines described in Table 1. 15. The fisher must provide the person nominated for quota For the purposes of this notice, Area B is defined as: monitoring with reasonable access to boats and vehicles for the Coastal waters more than 3 nautical miles to seaward of high purpose of enabling inspection of the catch and any record water mark or more than 3 nautical miles to seaward of the relating to the South Australian Pilchard Fishery Log Book base lines and bay closure lines described in Table 1. required to be completed under this notice. Dated 30 April 1999. W. ZACHARIN, Director of Fisheries 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2453

TABLE 1 Base Lines and Bay Closure Lines of South Australia

Location From to Location

Base Lines Newland Head 35°38.68¢S 138°31.32¢E to 35°45.63¢S 138°18.17¢E The Pages 35°45.63¢S 138°18.17¢E to 35°46.65¢S 138°17.57¢E 35°46.88¢S 138°17.43¢E to 35°47.10¢S 138°17.33¢E The Pages 35°47.25¢S 138°17.15¢E to 35°50.70¢S 138°07.95¢E Cape Willoughby Vennachar Point 35°53.25¢S 136°31.97¢E to 34°57.20¢S 135°37.37¢E Cape Carnot 34°57.20¢S 135°37.37¢E to 34°56.90¢S 135°37.40¢E Pt Westall 32°54.38¢S 134°03.53¢E to 32°43.60¢S 133°57.77¢E Olives Island Olives Island 32°43.60¢S 133°57.77¢E to 32°35.18¢S 133°17.07¢E Fenelon Island Fenelon Island 32°34.92¢S 133°16.73¢E to 32°33.80¢S 133°16.58¢E Masillon Island Masillon Island 32°33.80¢S 133°16.58¢E to 32°30.90¢S 133°15.03¢E West Island West Island 32°30.47¢S 133°14.87¢E to 32°13.52¢S 133°06.62¢E Island 1 mile SW Pt Bell 32°13.52¢S 133°06.62¢E to 32°08.75¢S 132°59.32¢E Sinclair Island Sinclair Island 32°08.67¢S 132°59.28¢E to 32°07.62¢S 132°58.72¢E 32°07.62¢S 132°58.72¢E to 32°01.87¢S 132°28.27¢E Point Fowler Anxious Bay 33°12.05¢S 134°19.63¢E to 33°35.68¢S 134°45.05¢E 33°35.83¢S 134°45.90¢E to 33°35.98¢S 134°46.50¢E 33°36.72¢S 134°48.33¢E to 33°37.47¢S 134°49.67¢E Encounter Bay 35°35.80¢S 138°36.10¢E to 35°35.80¢S 138°57.40¢E Lacepede Bay 36°35.80¢S 139°50.00¢E to 36°56.60¢S 139°40.40¢E Rivoli Bay 37°34.02¢S 140°06.33¢E to 37°30.05¢S 140°00.80¢E 37°29.95¢S 140°00.68¢E to 37°29.87¢S 140°00.63¢E Bay Closure Lines Coffin Bay 34°09.07¢S 135°14.39¢E to 34°25.86¢S 135°12.41¢E Avoid Bay 34°35.49¢S 135°06.75¢E to 34°41.78¢S 135°19.65¢E

FISHERIES ACT 1982: SECTION 59 8. The fisher shall not, during the period 1 January 1999 to 31 TAKE notice that, pursuant to section 59 of the Fisheries Act May 1999, take a quantity of permitted species which exceeds his 1982, Mark Forster, P.O. Box 154, Port Lincoln, S.A. 5606, or quota of 43.45 units at 6.427 tonnes per unit (which is equal to his nominated replacement approved by the Director of Fisheries 279.25 tonnes). (hereinafter referred to as the ‘fisher’) is exempt from section 41 9. The fisher may with the prior approval of the Director of of the Fisheries Act 1982, subject to the conditions contained in Fisheries transfer uncaught units of quota during the period of this Schedule 1 to this exemption, in that they shall not be guilty of notice. an offence when using a fine mesh purse seine net as described in 10. Fish taken pursuant to this notice as the result of a transfer Schedule 2 for the taking of pilchards (Sardinops neopilchardus) of quota must be taken in the area as described (and disposed of as and other species within the Families Clupeidae and Engraulididae described) in the permit conditions of the holder of the initial (hereinafter referred to as the ‘permitted species’) for the allocation. purpose of trade or business in marine waters of South Australia as described in Schedule 3 as Area A and Area B (hereinafter referred 11. The fisher may transfer catch taken pursuant to this notice to as the ‘permitted activity’). to a carrier boat at sea subject to nominating the boats in advance. SCHEDULE 1 12. The fisher may nominate no more than two carrier boats 1. The fisher may engage in the permitted activity from the at any one time. Notification of boat name must be provided to date of gazettal of this notice until 31 May 1999, or until the person or agency responsible for conducting quota monitoring revoked by the Director of Fisheries. operations. 2. This exemption is valid only in respect of the fishing vessel 13. Where the fisher transfers all or part of his catch to a Pinta 3 (hereinafter referred to as the ‘permitted boat’) registered carrier boat that portion of the catch must be accompanied by a on the fisher’s Marine Scalefish Fishery Licence No. M329. South Australian Pilchard Fishery Log Book, completed as 3. The fisher must be on board the permitted boat at all times required by condition 16 of this notice. while the boat is being used for the purpose of engaging in the 14. The fisher must notify the person nominated for quota permitted activity. monitoring, by telephone, of the intended place of any unloading 4. Whilst using a nominated master to take pilchards pursuant and the estimated weight of the catch at least one hour prior to to this notice, no other fishing activity shall be undertaken by the the unloading taking place. licence holder pursuant to Marine Scalefish Fishery Licence No. 15. The fisher must provide the person nominated for quota M329. monitoring with reasonable access to boats and vehicles for the 5. Whilst engaged in the permitted activity the fisher shall not purpose of enabling inspection of the catch and any record use any of the devices registered on the fisher’s Marine Scalefish relating to the South Australian Pilchard Fishery Log Book Fishery Licence. required to be completed under this notice. 6. The fisher must not take or be in possession of any other 16. The fisher must complete the South Australian Pilchard species of fish, other than the permitted species, while engaging Fishery Log Book as described below: in the permitted activity. (a) Unloading to a shore based processing plant: 7. Any fish, which are not permitted species, taken as by-catch (i) The fisher shall complete all columns of the South by the fisher during the permitted activity must be immediately Australian Pilchard Fishery Log Book up to but returned to the water. not including the column titled PILCHARD TONNAGE CAUGHT. 2454 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

The fish can then be dispatched to the shore based processing 19. The fisher must complete a monthly return within 14 days plant. It is the responsibility of the fisher to make certain that all of the end of the previous month and forward it to SARDI. This fish are accurately weighed within 24 hours of the consignment to return must be completed regardless of whether the fisher took the processor: fish or not, i.e. nil returns are required. (ii) The fisher shall upon being notified by the 20. While engaged in the permitted activity the fisher must: processor of the total weight of fish unloaded (a) have in his possession the copy of this notice with complete the columns headed, PILCHARD which the Director of Fisheries has supplied him; and TONNAGE CAUGHT, OTHER SPECIES, TONNAGE CAUGHT (This refers to other (b) produce that notice to a Fisheries Officer forthwith, if species) and REMARKS. and when a Fisheries Officer requests him to produce it. For any unloading, if fishing has taken place on more than one day then this should be noted and the verified weight split as close 21. The fisher shall not contravene or fail to comply with the as possible to reflect the actual quantities taken on each day of Fisheries Act 1982, or any regulations made under that Act, fishing. except where specifically exempted by this notice. SCHEDULE 2 (b) Unloading at sea or direct to a tuna cage: In waters described as Area A: one purse seine net having a The fisher shall complete all columns of the South maximum length of 600 m, a maximum depth of 100 m and a Australian Pilchard Fishery Log Book immediately after mesh size of between 16 mm and 20 mm. capture and include an estimated tonnage in the column marked PILCHARD TONNAGE CAUGHT. In waters described as Area B: one purse seine net having a The estimated tonnage should be based on a recorded mesh size of between 16 mm and 20 mm. number of boxes of a certain capacity (weight) filled. SCHEDULE 3 17. The fisher then shall either by facsimile or in person For the purposes of this notice, Area A is defined as: deliver the completed (South Australian Pilchard Fishery Log Coastal waters within 3 nautical miles of high water mark or Book) form to the person nominated for quota monitoring within within 3 nautical miles to seaward of the base lines and bay 48 hours of the unloading. closure lines described in Table 1. 18. The fisher must provide regular samples of the permitted For the purposes of this notice, Area B is defined as: species for research analysis and assist in any other South Australian Research and Development Institute (SARDI) Coastal waters more than 3 nautical miles to seaward of high sponsored pilchard fishery research program as required by the water mark or more than 3 nautical miles to seaward of the Chief Scientist, Aquatic Sciences, SARDI. base lines and bay closure lines described in Table 1. Dated 30 April 1999. W. ZACHARIN, Director of Fisheries

TABLE 1 Base Lines and Bay Closure Lines of South Australia

Location From to Location

Base Lines Newland Head 35°38.68¢S 138°31.32¢E to 35°45.63¢S 138°18.17¢E The Pages 35°45.63¢S 138°18.17¢E to 35°46.65¢S 138°17.57¢E 35°46.88¢S 138°17.43¢E to 35°47.10¢S 138°17.33¢E The Pages 35°47.25¢S 138°17.15¢E to 35°50.70¢S 138°07.95¢E Cape Willoughby Vennachar Point 35°53.25¢S 136°31.97¢E to 34°57.20¢S 135°37.37¢E Cape Carnot 34°57.20¢S 135°37.37¢E to 34°56.90¢S 135°37.40¢E Pt Westall 32°54.38¢S 134°03.53¢E to 32°43.60¢S 133°57.77¢E Olives Island Olives Island 32°43.60¢S 133°57.77¢E to 32°35.18¢S 133°17.07¢E Fenelon Island Fenelon Island 32°34.92¢S 133°16.73¢E to 32°33.80¢S 133°16.58¢E Masillon Island Masillon Island 32°33.80¢S 133°16.58¢E to 32°30.90¢S 133°15.03¢E West Island West Island 32°30.47¢S 133°14.87¢E to 32°13.52¢S 133°06.62¢E Island 1 mile SW Pt Bell 32°13.52¢S 133°06.62¢E to 32°08.75¢S 132°59.32¢E Sinclair Island Sinclair Island 32°08.67¢S 132°59.28¢E to 32°07.62¢S 132°58.72¢E 32°07.62¢S 132°58.72¢E to 32°01.87¢S 132°28.27¢E Point Fowler Anxious Bay 33°12.05¢S 134°19.63¢E to 33°35.68¢S 134°45.05¢E 33°35.83¢S 134°45.90¢E to 33°35.98¢S 134°46.50¢E 33°36.72¢S 134°48.33¢E to 33°37.47¢S 134°49.67¢E Encounter Bay 35°35.80¢S 138°36.10¢E to 35°35.80¢S 138°57.40¢E Lacepede Bay 36°35.80¢S 139°50.00¢E to 36°56.60¢S 139°40.40¢E Rivoli Bay 37°34.02¢S 140°06.33¢E to 37°30.05¢S 140°00.80¢E 37°29.95¢S 140°00.68¢E to 37°29.87¢S 140°00.63¢E Bay Closure Lines Coffin Bay 34°09.07¢S 135°14.39¢E to 34°25.86¢S 135°12.41¢E Avoid Bay 34°35.49¢S 135°06.75¢E to 34°41.78¢S 135°19.65¢E 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2455

FISHERIES ACT 1982: SECTION 59 16. The fisher must complete the South Australian Pilchard TAKE notice that, pursuant to section 59 of the Fisheries Act Fishery Log Book as described below: 1982, Zorica Lukin, 62 Lincoln Highway, Port Lincoln, S.A. (a) Unloading to a shore based processing plant: 5606, or her nominated replacement approved by the Director of (i) The fisher shall complete all columns of the South Fisheries (hereinafter referred to as the ‘fisher’) is exempt from Australian Pilchard Fishery Log Book up to but section 41 of the Fisheries Act 1982, subject to the conditions not including the column titled PILCHARD contained in Schedule 1 to this exemption, in that they shall not TONNAGE CAUGHT. be guilty of an offence when using a fine mesh purse seine net as described in Schedule 2 for the taking of pilchards (Sardinops The fish can then be dispatched to the shore based processing neopilchardus) and other species within the Families Clupeidae plant. It is the responsibility of the fisher to make certain that all and Engraulididae (hereinafter referred to as the ‘permitted fish are accurately weighed within 24 hours of the consignment to species’) for the purpose of trade or business in marine waters of the processor: South Australia as described in Schedule 3 as Area A and Area B (ii) The fisher shall upon being notified by the (hereinafter referred to as the ‘permitted activity’). processor of the total weight of fish unloaded SCHEDULE 1 complete the columns headed, PILCHARD TONNAGE CAUGHT, OTHER SPECIES, 1. The fisher may engage in the permitted activity from the TONNAGE CAUGHT (This refers to other date of gazettal of this notice until 31 May 1999, or until species) and REMARKS. revoked by the Director of Fisheries. For any unloading, if fishing has taken place on more than one 2. This exemption is valid only in respect of the fishing vessel day then this should be noted and the verified weight split as close Scarlet Rose (hereinafter referred to as the ‘permitted boat’) as possible to reflect the actual quantities taken on each day of registered on the fisher’s Marine Scalefish Fishery Licence No. fishing. M324. Unloading at sea or direct to a tuna cage: 3. The fisher must be on board the permitted boat at all times (b) while the boat is being used for the purpose of engaging in the The fisher shall complete all columns of the South permitted activity. Australian Pilchard Fishery Log Book immediately after capture and include an estimated tonnage in the 4. Whilst using a nominated master to take pilchards pursuant column marked PILCHARD TONNAGE CAUGHT. to this notice, no other fishing activity shall be undertaken by the The estimated tonnage should be based on a recorded licence holder pursuant to Marine Scalefish Fishery Licence No. number of boxes of a certain capacity (weight) filled. M324. 17. The fisher then shall either by facsimile or in person 5. Whilst engaged in the permitted activity the fisher shall not deliver the completed (South Australian Pilchard Fishery Log use any of the devices registered on the fisher’s Marine Scalefish Book) form to the person nominated for quota monitoring within Fishery Licence. 48 hours of the unloading. 6. The fisher must not take or be in possession of any other 18. The fisher must provide regular samples of the permitted species of fish, other than the permitted species, while engaging species for research analysis and assist in any other South in the permitted activity. Australian Research and Development Institute (SARDI) 7. Any fish, which are not permitted species, taken as by-catch sponsored pilchard fishery research program as required by the by the fisher during the permitted activity must be immediately Chief Scientist, Aquatic Sciences, SARDI. returned to the water. 19. The fisher must complete a monthly return within 14 days 8. The fisher shall not, during the period 1 January 1999 to 31 of the end of the previous month and forward it to SARDI. This May 1999, take a quantity of permitted species which exceeds return must be completed regardless of whether the fisher took her quota of 43.45 units at 6.427 tonnes per unit (which is equal fish or not, i.e. nil returns are required. to 279.25 tonnes). 20. While engaged in the permitted activity the fisher must: 9. The fisher may with the prior approval of the Director of (a) have in her possession the copy of this notice with Fisheries transfer uncaught units of quota during the period of this which the Director of Fisheries has supplied her; and notice. (b) produce that notice to a Fisheries Officer forthwith, if 10. Fish taken pursuant to this notice as the result of a transfer and when a Fisheries Officer requests her to produce of quota must be taken in the area as described (and disposed of as it. described) in the permit conditions of the holder of the initial allocation. 21. The fisher shall not contravene or fail to comply with the Fisheries Act 1982, or any regulations made under that Act, 11. The fisher may transfer catch taken pursuant to this notice except where specifically exempted by this notice. to a carrier boat at sea subject to nominating the boats in advance. SCHEDULE 2 12. The fisher may nominate no more than two carrier boats In waters described as Area A: one purse seine net having a at any one time. Notification of boat name must be provided to maximum length of 600 m, a maximum depth of 100 m and a the person or agency responsible for conducting quota monitoring mesh size of between 16 mm and 20 mm. operations. In waters described as Area B: one purse seine net having a 13. Where the fisher transfers all or part of her catch to a mesh size of between 16 mm and 20 mm. carrier boat that portion of the catch must be accompanied by a SCHEDULE 3 South Australian Pilchard Fishery Log Book, completed as required by condition 16 of this notice. For the purposes of this notice, Area A is defined as: 14. The fisher must notify the person nominated for quota Coastal waters within 3 nautical miles of high water mark or monitoring, by telephone, of the intended place of any unloading within 3 nautical miles to seaward of the base lines and bay and the estimated weight of the catch at least one hour prior to closure lines described in Table 1. the unloading taking place. For the purposes of this notice, Area B is defined as: 15. The fisher must provide the person nominated for quota Coastal waters more than 3 nautical miles to seaward of high monitoring with reasonable access to boats and vehicles for the water mark or more than 3 nautical miles to seaward of the purpose of enabling inspection of the catch and any record base lines and bay closure lines described in Table 1. relating to the South Australian Pilchard Fishery Log Book required to be completed under this notice. Dated 30 April 1999. W. ZACHARIN, Director of Fisheries 2456 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

TABLE 1 Base Lines and Bay Closure Lines of South Australia

Location From to Location

Base Lines Newland Head 35°38.68¢S 138°31.32¢E to 35°45.63¢S 138°18.17¢E The Pages 35°45.63¢S 138°18.17¢E to 35°46.65¢S 138°17.57¢E 35°46.88¢S 138°17.43¢E to 35°47.10¢S 138°17.33¢E The Pages 35°47.25¢S 138°17.15¢E to 35°50.70¢S 138°07.95¢E Cape Willoughby Vennachar Point 35°53.25¢S 136°31.97¢E to 34°57.20¢S 135°37.37¢E Cape Carnot 34°57.20¢S 135°37.37¢E to 34°56.90¢S 135°37.40¢E Pt Westall 32°54.38¢S 134°03.53¢E to 32°43.60¢S 133°57.77¢E Olives Island Olives Island 32°43.60¢S 133°57.77¢E to 32°35.18¢S 133°17.07¢E Fenelon Island Fenelon Island 32°34.92¢S 133°16.73¢E to 32°33.80¢S 133°16.58¢E Masillon Island Masillon Island 32°33.80¢S 133°16.58¢E to 32°30.90¢S 133°15.03¢E West Island West Island 32°30.47¢S 133°14.87¢E to 32°13.52¢S 133°06.62¢E Island 1 mile SW Pt Bell 32°13.52¢S 133°06.62¢E to 32°08.75¢S 132°59.32¢E Sinclair Island Sinclair Island 32°08.67¢S 132°59.28¢E to 32°07.62¢S 132°58.72¢E 32°07.62¢S 132°58.72¢E to 32°01.87¢S 132°28.27¢E Point Fowler Anxious Bay 33°12.05¢S 134°19.63¢E to 33°35.68¢S 134°45.05¢E 33°35.83¢S 134°45.90¢E to 33°35.98¢S 134°46.50¢E 33°36.72¢S 134°48.33¢E to 33°37.47¢S 134°49.67¢E Encounter Bay 35°35.80¢S 138°36.10¢E to 35°35.80¢S 138°57.40¢E Lacepede Bay 36°35.80¢S 139°50.00¢E to 36°56.60¢S 139°40.40¢E Rivoli Bay 37°34.02¢S 140°06.33¢E to 37°30.05¢S 140°00.80¢E 37°29.95¢S 140°00.68¢E to 37°29.87¢S 140°00.63¢E Bay Closure Lines Coffin Bay 34°09.07¢S 135°14.39¢E to 34°25.86¢S 135°12.41¢E Avoid Bay 34°35.49¢S 135°06.75¢E to 34°41.78¢S 135°19.65¢E

FISHERIES ACT 1982: SECTION 59 8. The fisher shall not, during the period 1 January 1999 to 31 TAKE notice that, pursuant to section 59 of the Fisheries Act May 1999, take a quantity of permitted species which exceeds his 1982, Jim Makris, 10 Fisher Place, West Lakes, S.A. 5021 or his quota of 43.45 units at 6.427 tonnes per unit (which is equal to nominated replacement approved by the Director of Fisheries 279.25 tonnes). (hereinafter referred to as the ‘fisher’) is exempt from section 41 9. The fisher may with the prior approval of the Director of of the Fisheries Act 1982, subject to the conditions contained in Fisheries transfer uncaught units of quota during the period of this Schedule 1 to this exemption, in that they shall not be guilty of notice. an offence when using a fine mesh purse seine net as described in 10. Fish taken pursuant to this notice as the result of a transfer Schedule 2 for the taking of pilchards (Sardinops neopilchardus) of quota must be taken in the area as described (and disposed of as and other species within the Families Clupeidae and Engraulididae described) in the permit conditions of the holder of the initial (hereinafter referred to as the ‘permitted species’) for the allocation. purpose of trade or business in marine waters of South Australia as described in Schedule 3 as Area A and Area B (hereinafter referred 11. The fisher may transfer catch taken pursuant to this notice to as the ‘permitted activity’). to a carrier boat at sea subject to nominating the boats in advance. SCHEDULE 1 12. The fisher may nominate no more than two carrier boats 1. The fisher may engage in the permitted activity from the at any one time. Notification of boat name must be provided to date of gazettal of this notice until 31 May 1999, or until the person or agency responsible for conducting quota monitoring revoked by the Director of Fisheries. operations. 2. This exemption is valid only in respect of the fishing vessel 13. Where the fisher transfers all or part of his catch to a Maria Louisa (hereinafter referred to as the ‘permitted boat’) carrier boat that portion of the catch must be accompanied by a registered on the fisher’s Marine Scalefish Fishery Licence No. South Australian Pilchard Fishery Log Book, completed as M285. required by condition 16 of this notice. 3. The fisher must be on board the permitted boat at all times 14. The fisher must notify the person nominated for quota while the boat is being used for the purpose of engaging in the monitoring, by telephone, of the intended place of any unloading permitted activity. and the estimated weight of the catch at least one hour prior to 4. Whilst using a nominated master to take pilchards pursuant the unloading taking place. to this notice, no other fishing activity shall be undertaken by the 15. The fisher must provide the person nominated for quota licence holder pursuant to Marine Scalefish Fishery Licence No. monitoring with reasonable access to boats and vehicles for the M285. purpose of enabling inspection of the catch and any record 5. Whilst engaged in the permitted activity the fisher shall not relating to the South Australian Pilchard Fishery Log Book use any of the devices registered on the fisher’s Marine Scalefish required to be completed under this notice. Fishery Licence. 16. The fisher must complete the South Australian Pilchard 6. The fisher must not take or be in possession of any other Fishery Log Book as described below: species of fish, other than the permitted species, while engaging Unloading to a shore based processing plant: in the permitted activity. (a) (i) The fisher shall complete all columns of the South 7. Any fish, which are not permitted species, taken as by-catch Australian Pilchard Fishery Log Book up to but by the fisher during the permitted activity must be immediately not including the column titled PILCHARD returned to the water. TONNAGE CAUGHT. 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2457

The fish can then be dispatched to the shore based processing 19. The fisher must complete a monthly return within 14 days plant. It is the responsibility of the fisher to make certain that all of the end of the previous month and forward it to SARDI. This fish are accurately weighed within 24 hours of the consignment to return must be completed regardless of whether the fisher took the processor: fish or not, i.e. nil returns are required. (ii) The fisher shall upon being notified by the 20. While engaged in the permitted activity the fisher must: processor of the total weight of fish unloaded (a) have in his possession the copy of this notice with complete the columns headed, PILCHARD which the Director of Fisheries has supplied him; and TONNAGE CAUGHT, OTHER SPECIES, TONNAGE CAUGHT (This refers to other (b) produce that notice to a Fisheries Officer forthwith, if species) and REMARKS. and when a Fisheries Officer requests him to produce it. For any unloading, if fishing has taken place on more than one day then this should be noted and the verified weight split as close 21. The fisher shall not contravene or fail to comply with the as possible to reflect the actual quantities taken on each day of Fisheries Act 1982, or any regulations made under that Act, fishing. except where specifically exempted by this notice. SCHEDULE 2 (b) Unloading at sea or direct to a tuna cage: In waters described as Area A: one purse seine net having a The fisher shall complete all columns of the South maximum length of 600 m, a maximum depth of 100 m and a Australian Pilchard Fishery Log Book immediately after mesh size of between 16 mm and 20 mm. capture and include an estimated tonnage in the column marked PILCHARD TONNAGE CAUGHT. In waters described as Area B: one purse seine net having a The estimated tonnage should be based on a recorded mesh size of between 16 mm and 20 mm. number of boxes of a certain capacity (weight) filled. SCHEDULE 3 17. The fisher then shall either by facsimile or in person For the purposes of this notice, Area A is defined as: deliver the completed (South Australian Pilchard Fishery Log Coastal waters within 3 nautical miles of high water mark or Book) form to the person nominated for quota monitoring within within 3 nautical miles to seaward of the base lines and bay 48 hours of the unloading. closure lines described in Table 1. 18. The fisher must provide regular samples of the permitted For the purposes of this notice, Area B is defined as: species for research analysis and assist in any other South Australian Research and Development Institute (SARDI) Coastal waters more than 3 nautical miles to seaward of high sponsored pilchard fishery research program as required by the water mark or more than 3 nautical miles to seaward of the Chief Scientist, Aquatic Sciences, SARDI. base lines and bay closure lines described in Table 1. Dated 30 April 1999. W. ZACHARIN, Director of Fisheries

TABLE 1 Base Lines and Bay Closure Lines of South Australia

Location From to Location

Base Lines Newland Head 35°38.68¢S 138°31.32¢E to 35°45.63¢S 138°18.17¢E The Pages 35°45.63¢S 138°18.17¢E to 35°46.65¢S 138°17.57¢E 35°46.88¢S 138°17.43¢E to 35°47.10¢S 138°17.33¢E The Pages 35°47.25¢S 138°17.15¢E to 35°50.70¢S 138°07.95¢E Cape Willoughby Vennachar Point 35°53.25¢S 136°31.97¢E to 34°57.20¢S 135°37.37¢E Cape Carnot 34°57.20¢S 135°37.37¢E to 34°56.90¢S 135°37.40¢E Pt Westall 32°54.38¢S 134°03.53¢E to 32°43.60¢S 133°57.77¢E Olives Island Olives Island 32°43.60¢S 133°57.77¢E to 32°35.18¢S 133°17.07¢E Fenelon Island Fenelon Island 32°34.92¢S 133°16.73¢E to 32°33.80¢S 133°16.58¢E Masillon Island Masillon Island 32°33.80¢S 133°16.58¢E to 32°30.90¢S 133°15.03¢E West Island West Island 32°30.47¢S 133°14.87¢E to 32°13.52¢S 133°06.62¢E Island 1 mile SW Pt Bell 32°13.52¢S 133°06.62¢E to 32°08.75¢S 132°59.32¢E Sinclair Island Sinclair Island 32°08.67¢S 132°59.28¢E to 32°07.62¢S 132°58.72¢E 32°07.62¢S 132°58.72¢E to 32°01.87¢S 132°28.27¢E Point Fowler Anxious Bay 33°12.05¢S 134°19.63¢E to 33°35.68¢S 134°45.05¢E 33°35.83¢S 134°45.90¢E to 33°35.98¢S 134°46.50¢E 33°36.72¢S 134°48.33¢E to 33°37.47¢S 134°49.67¢E Encounter Bay 35°35.80¢S 138°36.10¢E to 35°35.80¢S 138°57.40¢E Lacepede Bay 36°35.80¢S 139°50.00¢E to 36°56.60¢S 139°40.40¢E Rivoli Bay 37°34.02¢S 140°06.33¢E to 37°30.05¢S 140°00.80¢E 37°29.95¢S 140°00.68¢E to 37°29.87¢S 140°00.63¢E Bay Closure Lines Coffin Bay 34°09.07¢S 135°14.39¢E to 34°25.86¢S 135°12.41¢E Avoid Bay 34°35.49¢S 135°06.75¢E to 34°41.78¢S 135°19.65¢E 2458 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

FISHERIES ACT 1982: SECTION 59 16. The fisher must complete the South Australian Pilchard TAKE notice that, pursuant to section 59 of the Fisheries Act Fishery Log Book as described below: 1982, Mark Waller, 9 Kestral Place, Port Lincoln, S.A. 5606, or (a) Unloading to a shore based processing plant: his nominated replacement approved by the Director of Fisheries (i) The fisher shall complete all columns of the South (hereinafter referred to as the ‘fisher’) is exempt from section 41 Australian Pilchard Fishery Log Book up to but of the Fisheries Act 1982, subject to the conditions contained in not including the column titled PILCHARD Schedule 1 to this exemption, in that they shall not be guilty of TONNAGE CAUGHT. an offence when using a fine mesh purse seine net as described in Schedule 2 for the taking of pilchards (Sardinops neopilchardus) The fish can then be dispatched to the shore based processing and other species within the Families Clupeidae and Engraulididae plant. It is the responsibility of the fisher to make certain that all (hereinafter referred to as the ‘permitted species’) for the fish are accurately weighed within 24 hours of the consignment to purpose of trade or business in marine waters of South Australia as the processor: described in Schedule 3 as Area A and Area B (hereinafter referred (ii) The fisher shall upon being notified by the to as the ‘permitted activity’). processor of the total weight of fish unloaded SCHEDULE 1 complete the columns headed, PILCHARD TONNAGE CAUGHT, OTHER SPECIES, 1. The fisher may engage in the permitted activity from the TONNAGE CAUGHT (This refers to other date of gazettal of this notice until 31 May 1999, or until species) and REMARKS. revoked by the Director of Fisheries. For any unloading, if fishing has taken place on more than one 2. This exemption is valid only in respect of the fishing vessel day then this should be noted and the verified weight split as close Rhylan (hereinafter referred to as the ‘permitted boat’) registered as possible to reflect the actual quantities taken on each day of on the fisher’s Marine Scalefish Fishery Licence No. M491. fishing. 3. The fisher must be on board the permitted boat at all times Unloading at sea or direct to a tuna cage: while the boat is being used for the purpose of engaging in the (b) permitted activity. The fisher shall complete all columns of the South Australian Pilchard Fishery Log Book immediately after 4. Whilst using a nominated master to take pilchards pursuant capture and include an estimated tonnage in the to this notice, no other fishing activity shall be undertaken by the column marked PILCHARD TONNAGE CAUGHT. licence holder pursuant to Marine Scalefish Fishery Licence No. The estimated tonnage should be based on a recorded M491. number of boxes of a certain capacity (weight) filled. 5. Whilst engaged in the permitted activity the fisher shall not 17. The fisher then shall either by facsimile or in person use any of the devices registered on the fisher’s Marine Scalefish deliver the completed (South Australian Pilchard Fishery Log Fishery Licence. Book) form to the person nominated for quota monitoring within 6. The fisher must not take or be in possession of any other 48 hours of the unloading. species of fish, other than the permitted species, while engaging 18. The fisher must provide regular samples of the permitted in the permitted activity. species for research analysis and assist in any other South 7. Any fish, which are not permitted species, taken as by-catch Australian Research and Development Institute (SARDI) by the fisher during the permitted activity must be immediately sponsored pilchard fishery research program as required by the returned to the water. Chief Scientist, Aquatic Sciences, SARDI. 8. The fisher shall not, during the period 1 January 1999 to 31 19. The fisher must complete a monthly return within 14 days May 1999, take a quantity of permitted species which exceeds his of the end of the previous month and forward it to SARDI. This quota of 43.45 units at 6.427 tonnes per unit (which is equal to return must be completed regardless of whether the fisher took 279.25 tonnes). fish or not, i.e. nil returns are required. 9. The fisher may with the prior approval of the Director of 20. While engaged in the permitted activity the fisher must: Fisheries transfer uncaught units of quota during the period of this (a) have in his possession the copy of this notice with notice. which the Director of Fisheries has supplied him; and 10. Fish taken pursuant to this notice as the result of a transfer (b) produce that notice to a Fisheries Officer forthwith, if of quota must be taken in the area as described (and disposed of as and when a Fisheries Officer requests him to produce described) in the permit conditions of the holder of the initial it. allocation. 21. The fisher shall not contravene or fail to comply with the 11. The fisher may transfer catch taken pursuant to this notice Fisheries Act 1982, or any regulations made under that Act, to a carrier boat at sea subject to nominating the boats in except where specifically exempted by this notice. advance. SCHEDULE 2 12. The fisher may nominate no more than two carrier boats at any one time. Notification of boat name must be provided to In waters described as Area A: one purse seine net having a the person or agency responsible for conducting quota monitoring maximum length of 600 m, a maximum depth of 100 m and a operations. mesh size of between 16 mm and 20 mm. 13. Where the fisher transfers all or part of his catch to a In waters described as Area B: one purse seine net having a carrier boat that portion of the catch must be accompanied by a mesh size of between 16 mm and 20 mm. South Australian Pilchard Fishery Log Book, completed as SCHEDULE 3 required by condition 16 of this notice. For the purposes of this notice, Area A is defined as: 14. The fisher must notify the person nominated for quota monitoring, by telephone, of the intended place of any unloading Coastal waters within 3 nautical miles of high water mark or and the estimated weight of the catch at least one hour prior to within 3 nautical miles to seaward of the base lines and bay the unloading taking place. closure lines described in Table 1. 15. The fisher must provide the person nominated for quota For the purposes of this notice, Area B is defined as: monitoring with reasonable access to boats and vehicles for the Coastal waters more than 3 nautical miles to seaward of high purpose of enabling inspection of the catch and any record water mark or more than 3 nautical miles to seaward of the relating to the South Australian Pilchard Fishery Log Book base lines and bay closure lines described in Table 1. required to be completed under this notice. Dated 30 April 1999. W. ZACHARIN, Director of Fisheries 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2459

TABLE 1 Base Lines and Bay Closure Lines of South Australia

Location From to Location

Base Lines Newland Head 35°38.68¢S 138°31.32¢E to 35°45.63¢S 138°18.17¢E The Pages 35°45.63¢S 138°18.17¢E to 35°46.65¢S 138°17.57¢E 35°46.88¢S 138°17.43¢E to 35°47.10¢S 138°17.33¢E The Pages 35°47.25¢S 138°17.15¢E to 35°50.70¢S 138°07.95¢E Cape Willoughby Vennachar Point 35°53.25¢S 136°31.97¢E to 34°57.20¢S 135°37.37¢E Cape Carnot 34°57.20¢S 135°37.37¢E to 34°56.90¢S 135°37.40¢E Pt Westall 32°54.38¢S 134°03.53¢E to 32°43.60¢S 133°57.77¢E Olives Island Olives Island 32°43.60¢S 133°57.77¢E to 32°35.18¢S 133°17.07¢E Fenelon Island Fenelon Island 32°34.92¢S 133°16.73¢E to 32°33.80¢S 133°16.58¢E Masillon Island Masillon Island 32°33.80¢S 133°16.58¢E to 32°30.90¢S 133°15.03¢E West Island West Island 32°30.47¢S 133°14.87¢E to 32°13.52¢S 133°06.62¢E Island 1 mile SW Pt Bell 32°13.52¢S 133°06.62¢E to 32°08.75¢S 132°59.32¢E Sinclair Island Sinclair Island 32°08.67¢S 132°59.28¢E to 32°07.62¢S 132°58.72¢E 32°07.62¢S 132°58.72¢E to 32°01.87¢S 132°28.27¢E Point Fowler Anxious Bay 33°12.05¢S 134°19.63¢E to 33°35.68¢S 134°45.05¢E 33°35.83¢S 134°45.90¢E to 33°35.98¢S 134°46.50¢E 33°36.72¢S 134°48.33¢E to 33°37.47¢S 134°49.67¢E Encounter Bay 35°35.80¢S 138°36.10¢E to 35°35.80¢S 138°57.40¢E Lacepede Bay 36°35.80¢S 139°50.00¢E to 36°56.60¢S 139°40.40¢E Rivoli Bay 37°34.02¢S 140°06.33¢E to 37°30.05¢S 140°00.80¢E 37°29.95¢S 140°00.68¢E to 37°29.87¢S 140°00.63¢E Bay Closure Lines Coffin Bay 34°09.07¢S 135°14.39¢E to 34°25.86¢S 135°12.41¢E Avoid Bay 34°35.49¢S 135°06.75¢E to 34°41.78¢S 135°19.65¢E

FISHERIES ACT 1982: SECTION 59 8. The fisher shall not, during the period 1 January 1999 to 31 TAKE notice that, pursuant to section 59 of the Fisheries Act May 1999, take a quantity of permitted species which exceeds his 1982, Peter White, 22 North Point Drive, Lincoln Marina, Port quota of 43.45 units at 6.427 tonnes per unit (which is equal to Lincoln, S.A. 5606, or his nominated replacement approved by 279.25 tonnes). the Director of Fisheries (hereinafter referred to as the ‘fisher’) is 9. The fisher may with the prior approval of the Director of exempt from section 41 of the Fisheries Act 1982, subject to the Fisheries transfer uncaught units of quota during the period of this conditions contained in Schedule 1 to this exemption, in that notice. they shall not be guilty of an offence when using a fine mesh 10. Fish taken pursuant to this notice as the result of a transfer purse seine net as described in Schedule 2 for the taking of of quota must be taken in the area as described (and disposed of as pilchards (Sardinops neopilchardus) and other species within the described) in the permit conditions of the holder of the initial Families Clupeidae and Engraulididae (hereinafter referred to as allocation. the ‘permitted species’) for the purpose of trade or business in marine waters of South Australia as described in Schedule 3 as 11. The fisher may transfer catch taken pursuant to this notice Area A and Area B (hereinafter referred to as the ‘permitted to a carrier boat at sea subject to nominating the boats in activity’). advance. SCHEDULE 1 12. The fisher may nominate no more than two carrier boats at any one time. Notification of boat name must be provided to 1. The fisher may engage in the permitted activity from the the person or agency responsible for conducting quota monitoring date of gazettal of this notice until 31 May 1999, or until operations. revoked by the Director of Fisheries. 13. Where the fisher transfers all or part of his catch to a 2. This exemption is valid only in respect of the fishing vessel carrier boat that portion of the catch must be accompanied by a Gemma Marie (hereinafter referred to as the ‘permitted boat’) South Australian Pilchard Fishery Log Book, completed as registered on the fisher’s Marine Scalefish Fishery Licence No. required by condition 16 of this notice. M505. 14. The fisher must notify the person nominated for quota 3. The fisher must be on board the permitted boat at all times monitoring, by telephone, of the intended place of any unloading while the boat is being used for the purpose of engaging in the and the estimated weight of the catch at least one hour prior to permitted activity. the unloading taking place. 4. Whilst using a nominated master to take pilchards pursuant 15. The fisher must provide the person nominated for quota to this notice, no other fishing activity shall be undertaken by the monitoring with reasonable access to boats and vehicles for the licence holder pursuant to Marine Scalefish Fishery Licence No. purpose of enabling inspection of the catch and any record M505. relating to the South Australian Pilchard Fishery Log Book 5. Whilst engaged in the permitted activity the fisher shall not required to be completed under this notice. use any of the devices registered on the fisher’s Marine Scalefish 16. The fisher must complete the South Australian Pilchard Fishery Licence. Fishery Log Book as described below: 6. The fisher must not take or be in possession of any other Unloading to a shore based processing plant: species of fish, other than the permitted species, while engaging (a) in the permitted activity. (i) The fisher shall complete all columns of the South Australian Pilchard Fishery Log Book up to but 7. Any fish, which are not permitted species, taken as by-catch not including the column titled PILCHARD by the fisher during the permitted activity must be immediately TONNAGE CAUGHT. returned to the water. 2460 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

The fish can then be dispatched to the shore based processing 19. The fisher must complete a monthly return within 14 days plant. It is the responsibility of the fisher to make certain that all of the end of the previous month and forward it to SARDI. This fish are accurately weighed within 24 hours of the consignment to return must be completed regardless of whether the fisher took the processor: fish or not, i.e. nil returns are required. (ii) The fisher shall upon being notified by the 20. While engaged in the permitted activity the fisher must: processor of the total weight of fish unloaded (a) have in his possession the copy of this notice with complete the columns headed, PILCHARD which the Director of Fisheries has supplied him; and TONNAGE CAUGHT, OTHER SPECIES, TONNAGE CAUGHT (This refers to other (b) produce that notice to a Fisheries Officer forthwith, if species) and REMARKS. and when a Fisheries Officer requests him to produce it. For any unloading, if fishing has taken place on more than one day then this should be noted and the verified weight split as close 21. The fisher shall not contravene or fail to comply with the as possible to reflect the actual quantities taken on each day of Fisheries Act 1982, or any regulations made under that Act, fishing. except where specifically exempted by this notice. SCHEDULE 2 (b) Unloading at sea or direct to a tuna cage: In waters described as Area A: one purse seine net having a The fisher shall complete all columns of the South maximum length of 600 m, a maximum depth of 100 m and a Australian Pilchard Fishery Log Book immediately after mesh size of between 16 mm and 20 mm. capture and include an estimated tonnage in the column marked PILCHARD TONNAGE CAUGHT. In waters described as Area B: one purse seine net having a The estimated tonnage should be based on a recorded mesh size of between 16 mm and 20 mm. number of boxes of a certain capacity (weight) filled. SCHEDULE 3 17. The fisher then shall either by facsimile or in person For the purposes of this notice, Area A is defined as: deliver the completed (South Australian Pilchard Fishery Log Coastal waters within 3 nautical miles of high water mark or Book) form to the person nominated for quota monitoring within within 3 nautical miles to seaward of the base lines and bay 48 hours of the unloading. closure lines described in Table 1. 18. The fisher must provide regular samples of the permitted For the purposes of this notice, Area B is defined as: species for research analysis and assist in any other South Australian Research and Development Institute (SARDI) Coastal waters more than 3 nautical miles to seaward of high sponsored pilchard fishery research program as required by the water mark or more than 3 nautical miles to seaward of the Chief Scientist, Aquatic Sciences, SARDI. base lines and bay closure lines described in Table 1. Dated 30 April 1999. W. ZACHARIN, Director of Fisheries

TABLE 1 Base Lines and Bay Closure Lines of South Australia

Location From to Location

Base Lines Newland Head 35°38.68¢S 138°31.32¢E to 35°45.63¢S 138°18.17¢E The Pages 35°45.63¢S 138°18.17¢E to 35°46.65¢S 138°17.57¢E 35°46.88¢S 138°17.43¢E to 35°47.10¢S 138°17.33¢E The Pages 35°47.25¢S 138°17.15¢E to 35°50.70¢S 138°07.95¢E Cape Willoughby Vennachar Point 35°53.25¢S 136°31.97¢E to 34°57.20¢S 135°37.37¢E Cape Carnot 34°57.20¢S 135°37.37¢E to 34°56.90¢S 135°37.40¢E Pt Westall 32°54.38¢S 134°03.53¢E to 32°43.60¢S 133°57.77¢E Olives Island Olives Island 32°43.60¢S 133°57.77¢E to 32°35.18¢S 133°17.07¢E Fenelon Island Fenelon Island 32°34.92¢S 133°16.73¢E to 32°33.80¢S 133°16.58¢E Masillon Island Masillon Island 32°33.80¢S 133°16.58¢E to 32°30.90¢S 133°15.03¢E West Island West Island 32°30.47¢S 133°14.87¢E to 32°13.52¢S 133°06.62¢E Island 1 mile SW Pt Bell 32°13.52¢S 133°06.62¢E to 32°08.75¢S 132°59.32¢E Sinclair Island Sinclair Island 32°08.67¢S 132°59.28¢E to 32°07.62¢S 132°58.72¢E 32°07.62¢S 132°58.72¢E to 32°01.87¢S 132°28.27¢E Point Fowler Anxious Bay 33°12.05¢S 134°19.63¢E to 33°35.68¢S 134°45.05¢E 33°35.83¢S 134°45.90¢E to 33°35.98¢S 134°46.50¢E 33°36.72¢S 134°48.33¢E to 33°37.47¢S 134°49.67¢E Encounter Bay 35°35.80¢S 138°36.10¢E to 35°35.80¢S 138°57.40¢E Lacepede Bay 36°35.80¢S 139°50.00¢E to 36°56.60¢S 139°40.40¢E Rivoli Bay 37°34.02¢S 140°06.33¢E to 37°30.05¢S 140°00.80¢E 37°29.95¢S 140°00.68¢E to 37°29.87¢S 140°00.63¢E Bay Closure Lines Coffin Bay 34°09.07¢S 135°14.39¢E to 34°25.86¢S 135°12.41¢E Avoid Bay 34°35.49¢S 135°06.75¢E to 34°41.78¢S 135°19.65¢E 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2461

FISHERIES ACT 1982: SECTION 59 16. The fisher must complete the South Australian Pilchard TAKE notice that, pursuant to section 59 of the Fisheries Act Fishery Log Book as described below: 1982, Mark Forster, P.O. Box 154, Port Lincoln, S.A. 5606, or (a) Unloading to a shore based processing plant: his nominated replacement approved by the Director of Fisheries (i) The fisher shall complete all columns of the South (hereinafter referred to as the ‘fisher’) is exempt from section 41 Australian Pilchard Fishery Log Book up to but of the Fisheries Act 1982, subject to the conditions contained in not including the column titled PILCHARD Schedule 1 to this exemption, in that they shall not be guilty of TONNAGE CAUGHT. an offence when using a fine mesh purse seine net as described in Schedule 2 for the taking of pilchards (Sardinops neopilchardus) The fish can then be dispatched to the shore based processing and other species within the Families Clupeidae and Engraulididae plant. It is the responsibility of the fisher to make certain that all (hereinafter referred to as the ‘permitted species’) for the fish are accurately weighed within 24 hours of the consignment to purpose of trade or business in marine waters of South Australia as the processor: described in Schedule 3 as Area B (hereinafter referred to as the (ii) The fisher shall upon being notified by the ‘permitted activity’). processor of the total weight of fish unloaded complete the columns headed, PILCHARD SCHEDULE 1 TONNAGE CAUGHT, OTHER SPECIES, 1. The fisher may engage in the permitted activity from the TONNAGE CAUGHT (This refers to other date of gazettal of this notice until 31 May 1999, or until species) and REMARKS. revoked by the Director of Fisheries. For any unloading, if fishing has taken place on more than one 2. This exemption is valid only in respect of the fishing vessel day then this should be noted and the verified weight split as close Pinta 3 (hereinafter referred to as the ‘permitted boat’). as possible to reflect the actual quantities taken on each day of 3. The fisher must be on board the permitted boat at all times fishing. while the boat is being used for the purpose of engaging in the (b) Unloading at sea or direct to a tuna cage: permitted activity. The fisher shall complete all columns of the South 4. Whilst engaged in the permitted activity the fisher shall not Australian Pilchard Fishery Log Book immediately after use any other device than that permitted pursuant to Schedule 2. capture and include an estimated tonnage in the column marked PILCHARD TONNAGE CAUGHT. 5. The fisher must not take or be in possession of any other The estimated tonnage should be based on a recorded species of fish, other than the permitted species, while engaging number of boxes of a certain capacity (weight) filled. in the permitted activity. 17. The fisher then shall either by facsimile or in person 6. Any fish, which are not permitted species, taken as by-catch deliver the completed (South Australian Pilchard Fishery Log by the fisher during the permitted activity must be immediately Book) form to the person nominated for quota monitoring within returned to the water. 48 hours of the unloading. 7. The fisher may only engage in the permitted activity for the 18. The fisher must provide regular samples of the permitted purpose of supplying food fish for tuna farms. species for research analysis and assist in any other South 8. The fisher shall not, during the period 1 January 1999 to 31 Australian Research and Development Institute (SARDI) May 1999, take a quantity of permitted species which exceeds his sponsored pilchard fishery research program as required by the quota of 15.56 units at 6.427 tonnes per unit (which is equal to Chief Scientist, Aquatic Sciences, SARDI. 100 tonnes). 19. The fisher must complete a monthly return within 14 days 9. The fisher may with the prior approval of the Director of of the end of the previous month and forward it to SARDI. This Fisheries transfer uncaught units of quota during the period of this return must be completed regardless of whether the fisher took notice. fish or not, i.e. nil returns are required. 10. Fish taken pursuant to this notice as the result of a transfer 20. While engaged in the permitted activity the fisher must of quota must be disposed of in accordance to the permit have in his possession the copy of this notice with which the conditions of the holder of the initial allocation. Director of Fisheries has supplied him and produce that notice to a Fisheries Compliance Officer forthwith, if and when a Fisheries 11. The fisher may transfer catch taken pursuant to this notice Compliance Officer requests him to produce it. to a carrier boat at sea subject to nominating the boats in 21. The fisher shall not contravene or fail to comply with the advance. Fisheries Act 1982, or any regulations made under that Act, 12. The fisher may nominate no more than two carrier boats except where specifically exempted by this notice. at any one time. Notification of boat name must be provided to SCHEDULE 2 the person or agency responsible for conducting quota monitoring operations. In waters described as Area A: one purse seine net having a maximum length of 600 m, a maximum depth of 100 m and a 13. Where the fisher transfers all or part of his catch to a mesh size of between 16 mm and 20 mm. carrier boat that portion of the catch must be accompanied by a South Australian Pilchard Fishery Log Book, completed as In waters described as Area B: one purse seine net having a required by condition 16 of this notice. mesh size of between 16 mm and 20 mm. 14. The fisher must notify the person nominated for quota SCHEDULE 3 monitoring, by telephone, of the intended place of any unloading For the purposes of this notice, Area A is defined as: and the estimated weight of the catch at least one hour prior to Coastal waters within 3 nautical miles of high water mark or the unloading taking place. within 3 nautical miles to seaward of the base lines and bay 15. The fisher must provide the person nominated for quota closure lines described in Table 1. monitoring with reasonable access to boats and vehicles for the For the purposes of this notice, Area B is defined as: purpose of enabling inspection of the catch and any record relating to the South Australian Pilchard Fishery Log Book Coastal waters more than 3 nautical miles to seaward of high required to be completed under this notice. water mark or more than 3 nautical miles to seaward of the base lines and bay closure lines described in Table 1. Dated 30 April 1999. W. ZACHARIN, Director of Fisheries 2462 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

TABLE 1 Base Lines and Bay Closure Lines of South Australia

Location From to Location

Base Lines Newland Head 35°38.68¢S 138°31.32¢E to 35°45.63¢S 138°18.17¢E The Pages 35°45.63¢S 138°18.17¢E to 35°46.65¢S 138°17.57¢E 35°46.88¢S 138°17.43¢E to 35°47.10¢S 138°17.33¢E The Pages 35°47.25¢S 138°17.15¢E to 35°50.70¢S 138°07.95¢E Cape Willoughby Vennachar Point 35°53.25¢S 136°31.97¢E to 34°57.20¢S 135°37.37¢E Cape Carnot 34°57.20¢S 135°37.37¢E to 34°56.90¢S 135°37.40¢E Pt Westall 32°54.38¢S 134°03.53¢E to 32°43.60¢S 133°57.77¢E Olives Island Olives Island 32°43.60¢S 133°57.77¢E to 32°35.18¢S 133°17.07¢E Fenelon Island Fenelon Island 32°34.92¢S 133°16.73¢E to 32°33.80¢S 133°16.58¢E Masillon Island Masillon Island 32°33.80¢S 133°16.58¢E to 32°30.90¢S 133°15.03¢E West Island West Island 32°30.47¢S 133°14.87¢E to 32°13.52¢S 133°06.62¢E Island 1 mile SW Pt Bell 32°13.52¢S 133°06.62¢E to 32°08.75¢S 132°59.32¢E Sinclair Island Sinclair Island 32°08.67¢S 132°59.28¢E to 32°07.62¢S 132°58.72¢E 32°07.62¢S 132°58.72¢E to 32°01.87¢S 132°28.27¢E Point Fowler Anxious Bay 33°12.05¢S 134°19.63¢E to 33°35.68¢S 134°45.05¢E 33°35.83¢S 134°45.90¢E to 33°35.98¢S 134°46.50¢E 33°36.72¢S 134°48.33¢E to 33°37.47¢S 134°49.67¢E Encounter Bay 35°35.80¢S 138°36.10¢E to 35°35.80¢S 138°57.40¢E Lacepede Bay 36°35.80¢S 139°50.00¢E to 36°56.60¢S 139°40.40¢E Rivoli Bay 37°34.02¢S 140°06.33¢E to 37°30.05¢S 140°00.80¢E 37°29.95¢S 140°00.68¢E to 37°29.87¢S 140°00.63¢E Bay Closure Lines Coffin Bay 34°09.07¢S 135°14.39¢E to 34°25.86¢S 135°12.41¢E Avoid Bay 34°35.49¢S 135°06.75¢E to 34°41.78¢S 135°19.65¢E

FISHERIES ACT 1982: SECTION 59 9. The fisher may with the prior approval of the Director of TAKE notice that, pursuant to section 59 of the Fisheries Act Fisheries transfer uncaught units of quota during the period of this 1982, Mary Perich, P.O. Box 1240, Port Lincoln, S.A. 5606 or notice. her nominated replacement approved by the Director of Fisheries 10. Fish taken pursuant to this notice as the result of a transfer (hereinafter referred to as the ‘fisher’) is exempt from section 41 of quota must be disposed of in accordance to the permit of the Fisheries Act 1982, subject to the conditions contained in conditions of the holder of the initial allocation. Schedule 1 to this exemption, in that they shall not be guilty of 11. The fisher may transfer catch taken pursuant to this notice an offence when using a fine mesh purse seine net as described in to a carrier boat at sea subject to nominating the boats in Schedule 2 for the taking of pilchards (Sardinops neopilchardus) advance. and other species within the Families Clupeidae and Engraulididae (hereinafter referred to as the ‘permitted species’) for the 12. The fisher may nominate no more than two carrier boats purpose of trade or business in marine waters of South Australia as at any one time. Notification of boat name must be provided to described in Schedule 3 as Area B (hereinafter referred to as the the person or agency responsible for conducting quota monitoring ‘permitted activity’). operations. SCHEDULE 1 13. Where the fisher transfers all or part of her catch to a carrier boat that portion of the catch must be accompanied by a 1. The fisher may engage in the permitted activity from the South Australian Pilchard Fishery Log Book, completed as date of gazettal of this notice until 31 May 1999, or until required by condition 16 of this notice. revoked by the Director of Fisheries. 14. The fisher must notify the person nominated for quota 2. This exemption is valid only in respect of the fishing vessel monitoring, by telephone, of the intended place of any unloading Dageraad (hereinafter referred to as the ‘permitted boat’). and the estimated weight of the catch at least one hour prior to 3. The fisher must be on board the permitted boat at all times the unloading taking place. while the boat is being used for the purpose of engaging in the 15. The fisher must provide the person nominated for quota permitted activity. monitoring with reasonable access to boats and vehicles for the 4. Whilst engaged in the permitted activity the fisher shall not purpose of enabling inspection of the catch and any record use any other device than that permitted pursuant to Schedule 2. relating to the South Australian Pilchard Fishery Log Book 5. The fisher must not take or be in possession of any other required to be completed under this notice. species of fish, other than the permitted species, while engaging 16. The fisher must complete the South Australian Pilchard in the permitted activity. Fishery Log Book as described below: 6. Any fish, which are not permitted species, taken as by-catch (a) Unloading to a shore based processing plant: by the fisher during the permitted activity must be immediately (i) The fisher shall complete all columns of the South returned to the water. Australian Pilchard Fishery Log Book up to but 7. The fisher may only engage in the permitted activity for the not including the column titled PILCHARD purpose of supplying food fish for tuna farms. TONNAGE CAUGHT. 8. The fisher shall not, during the period 1 January 1999 to 31 The fish can then be dispatched to the shore based processing May 1999, take a quantity of permitted species which exceeds plant. It is the responsibility of the fisher to make certain that all her quota of 15.56 units at 6.427 tonnes per unit (which is equal fish are accurately weighed within 24 hours of the consignment to to 100 tonnes). the processor: 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2463

(ii) The fisher shall upon being notified by the 20. While engaged in the permitted activity the fisher have in processor of the total weight of fish unloaded his possession the copy of this notice with which the Director of complete the columns headed, PILCHARD Fisheries has supplied her, produce that notice to a Fisheries TONNAGE CAUGHT, OTHER SPECIES, Officer forthwith, if and when a Fisheries Officer requests her to TONNAGE CAUGHT (This refers to other produce it. species) and REMARKS. 21. The fisher shall not contravene or fail to comply with the For any unloading, if fishing has taken place on more than one Fisheries Act 1982, or any regulations made under that Act, day then this should be noted and the verified weight split as close except where specifically exempted by this notice. as possible to reflect the actual quantities taken on each day of fishing. SCHEDULE 2 (b) Unloading at sea or direct to a tuna cage: In waters described as Area A: one purse seine net having a maximum length of 600 m, a maximum depth of 100 m and a The fisher shall complete all columns of the South mesh size of between 16 mm and 20 mm. Australian Pilchard Fishery Log Book immediately after capture and include an estimated tonnage in the In waters described as Area B: one purse seine net having a column marked PILCHARD TONNAGE CAUGHT. mesh size of between 16 mm and 20 mm. The estimated tonnage should be based on a recorded SCHEDULE 3 number of boxes of a certain capacity (weight) filled. For the purposes of this notice, Area A is defined as: 17. The fisher then shall either by facsimile or in person deliver the completed (South Australian Pilchard Fishery Log Coastal waters within 3 nautical miles of high water mark or Book) form to the person nominated for quota monitoring within within 3 nautical miles to seaward of the base lines and bay 48 hours of the unloading. closure lines described in Table 1. 18. The fisher must provide regular samples of the permitted For the purposes of this notice, Area B is defined as: species for research analysis and assist in any other South Coastal waters more than 3 nautical miles to seaward of high Australian Research and Development Institute (SARDI) water mark or more than 3 nautical miles to seaward of the sponsored pilchard fishery research program as required by the base lines and bay closure lines described in Table 1. Chief Scientist, Aquatic Sciences, SARDI. Dated 30 April 1999. 19. The fisher must complete a monthly return within 14 days of the end of the previous month and forward it to SARDI. This W. ZACHARIN, Director of Fisheries return must be completed regardless of whether the fisher took fish or not, i.e. nil returns are required.

TABLE 1 Base Lines and Bay Closure Lines of South Australia

Location From to Location

Base Lines Newland Head 35°38.68¢S 138°31.32¢E to 35°45.63¢S 138°18.17¢E The Pages 35°45.63¢S 138°18.17¢E to 35°46.65¢S 138°17.57¢E 35°46.88¢S 138°17.43¢E to 35°47.10¢S 138°17.33¢E The Pages 35°47.25¢S 138°17.15¢E to 35°50.70¢S 138°07.95¢E Cape Willoughby Vennachar Point 35°53.25¢S 136°31.97¢E to 34°57.20¢S 135°37.37¢E Cape Carnot 34°57.20¢S 135°37.37¢E to 34°56.90¢S 135°37.40¢E Pt Westall 32°54.38¢S 134°03.53¢E to 32°43.60¢S 133°57.77¢E Olives Island Olives Island 32°43.60¢S 133°57.77¢E to 32°35.18¢S 133°17.07¢E Fenelon Island Fenelon Island 32°34.92¢S 133°16.73¢E to 32°33.80¢S 133°16.58¢E Masillon Island Masillon Island 32°33.80¢S 133°16.58¢E to 32°30.90¢S 133°15.03¢E West Island West Island 32°30.47¢S 133°14.87¢E to 32°13.52¢S 133°06.62¢E Island 1 mile SW Pt Bell 32°13.52¢S 133°06.62¢E to 32°08.75¢S 132°59.32¢E Sinclair Island Sinclair Island 32°08.67¢S 132°59.28¢E to 32°07.62¢S 132°58.72¢E 32°07.62¢S 132°58.72¢E to 32°01.87¢S 132°28.27¢E Point Fowler Anxious Bay 33°12.05¢S 134°19.63¢E to 33°35.68¢S 134°45.05¢E 33°35.83¢S 134°45.90¢E to 33°35.98¢S 134°46.50¢E 33°36.72¢S 134°48.33¢E to 33°37.47¢S 134°49.67¢E Encounter Bay 35°35.80¢S 138°36.10¢E to 35°35.80¢S 138°57.40¢E Lacepede Bay 36°35.80¢S 139°50.00¢E to 36°56.60¢S 139°40.40¢E Rivoli Bay 37°34.02¢S 140°06.33¢E to 37°30.05¢S 140°00.80¢E 37°29.95¢S 140°00.68¢E to 37°29.87¢S 140°00.63¢E Bay Closure Lines Coffin Bay 34°09.07¢S 135°14.39¢E to 34°25.86¢S 135°12.41¢E Avoid Bay 34°35.49¢S 135°06.75¢E to 34°41.78¢S 135°19.65¢E 2464 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

FISHERIES ACT 1982: SECTION 59 16. The fisher must complete the South Australian Pilchard TAKE notice that, pursuant to section 59 of the Fisheries Act Fishery Log Book as described below: 1982, Mark Waller, 9 Kestral Place, Port Lincoln, S.A. 5606, or (a) Unloading to a shore based processing plant: his nominated replacement approved by the Director of Fisheries (i) The fisher shall complete all columns of the South (hereinafter referred to as the ‘fisher’) is exempt from section 41 Australian Pilchard Fishery Log Book up to but not of the Fisheries Act 1982, subject to the conditions contained in including the column titled PILCHARD Schedule 1 to this exemption, in that they shall not be guilty of TONNAGE CAUGHT. an offence when using a fine mesh purse seine net as described in Schedule 2 for the taking of pilchards (Sardinops neopilchardus) The fish can then be dispatched to the shore based processing and other species within the Families Clupeidae and Engraulididae plant. It is the responsibility of the fisher to make certain that all (hereinafter referred to as the ‘permitted species’) for the fish are accurately weighed within 24 hours of the consignment to purpose of trade or business in marine waters of South Australia as the processor: described in Schedule 3 as and Area B (hereinafter referred to as (ii) The fisher shall upon being notified by the the ‘permitted activity’). processor of the total weight of fish unloaded complete the columns headed, PILCHARD SCHEDULE 1 TONNAGE CAUGHT, OTHER SPECIES, 1. The fisher may engage in the permitted activity from the TONNAGE CAUGHT (This refers to other date of gazettal of this notice until 31 May 1999, or until species) and REMARKS. revoked by the Director of Fisheries. For any unloading, if fishing has taken place on more than one 2. This exemption is valid only in respect of the fishing vessel day then this should be noted and the verified weight split as close Rhylan (hereinafter referred to as the ‘permitted boat’). as possible to reflect the actual quantities taken on each day of 3. The fisher must be on board the permitted boat at all times fishing. while the boat is being used for the purpose of engaging in the (b) Unloading at sea or direct to a tuna cage: permitted activity. The fisher shall complete all columns of the South 4. Whilst engaged in the permitted activity the fisher shall not Australian Pilchard Fishery Log Book immediately after use any other device than that permitted pursuant to Schedule 2. capture and include an estimated tonnage in the column marked PILCHARD TONNAGE CAUGHT. 5. The fisher must not take or be in possession of any other The estimated tonnage should be based on a recorded species of fish, other than the permitted species, while engaging number of boxes of a certain capacity (weight) filled. in the permitted activity. 17. The fisher then shall either by facsimile or in person 6. Any fish, which are not permitted species, taken as by-catch deliver the completed (South Australian Pilchard Fishery Log by the fisher during the permitted activity must be immediately Book) form to the person nominated for quota monitoring within returned to the water. 48 hours of the unloading. 7. The fisher may only engage in the permitted activity for the 18. The fisher must provide regular samples of the permitted purpose of supplying food fish for tuna farms. species for research analysis and assist in any other South 8. The fisher shall not, during the period 1 January 1999 to 31 Australian Research and Development Institute (SARDI) May 1999, take a quantity of permitted species which exceeds his sponsored pilchard fishery research program as required by the quota of 15.56 units at 6.427 tonnes per unit (which is equal to Chief Scientist, Aquatic Sciences, SARDI. 100 tonnes). 19. The fisher must complete a monthly return within 14 days 9. The fisher may with the prior approval of the Director of of the end of the previous month and forward it to SARDI. This Fisheries transfer uncaught units of quota during the period of this return must be completed regardless of whether the fisher took notice. fish or not, i.e. nil returns are required. 10. Fish taken pursuant to this notice as the result of a transfer 20. While engaged in the permitted activity the fisher must of quota must be disposed of in accordance to the permit have in his possession the copy of this notice with which the conditions of the holder of the initial allocation. Director of Fisheries has supplied him and produce that notice to a Fisheries Officer forthwith, if and when a Fisheries Officer 11. The fisher may transfer catch taken pursuant to this notice requests him to produce it. to a carrier boat at sea subject to nominating the boats in 21. The fisher shall not contravene or fail to comply with the advance. Fisheries Act 1982, or any regulations made under that Act, 12. The fisher may nominate no more than two carrier boats except where specifically exempted by this notice. at any one time. Notification of boat name must be provided to SCHEDULE 2 the person or agency responsible for conducting quota monitoring operations. In waters described as Area A: one purse seine net having a maximum length of 600 m, a maximum depth of 100 m and a 13. Where the fisher transfers all or part of his catch to a mesh size of between 16 mm and 20 mm. carrier boat that portion of the catch must be accompanied by a South Australian Pilchard Fishery Log Book, completed as In waters described as Area B: one purse seine net having a required by condition 16 of this notice. mesh size of between 16 mm and 20 mm. 14. The fisher must notify the person nominated for quota SCHEDULE 3 monitoring, by telephone, of the intended place of any unloading For the purposes of this notice, Area A is defined as: and the estimated weight of the catch at least one hour prior to Coastal waters within 3 nautical miles of high water mark or the unloading taking place. within 3 nautical miles to seaward of the base lines and bay 15. The fisher must provide the person nominated for quota closure lines described in Table 1. monitoring with reasonable access to boats and vehicles for the For the purposes of this notice, Area B is defined as: purpose of enabling inspection of the catch and any record relating to the South Australian Pilchard Fishery Log Book Coastal waters more than 3 nautical miles to seaward of high required to be completed under this notice. water mark or more than 3 nautical miles to seaward of the base lines and bay closure lines described in Table 1. Dated 30 April 1999. W. ZACHARIN, Director of Fisheries 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2465

TABLE 1 Base Lines and Bay Closure Lines of South Australia

Location From to Location

Base Lines Newland Head 35°38.68¢S 138°31.32¢E to 35°45.63¢S 138°18.17¢E The Pages 35°45.63¢S 138°18.17¢E to 35°46.65¢S 138°17.57¢E 35°46.88¢S 138°17.43¢E to 35°47.10¢S 138°17.33¢E The Pages 35°47.25¢S 138°17.15¢E to 35°50.70¢S 138°07.95¢E Cape Willoughby Vennachar Point 35°53.25¢S 136°31.97¢E to 34°57.20¢S 135°37.37¢E Cape Carnot 34°57.20¢S 135°37.37¢E to 34°56.90¢S 135°37.40¢E Pt Westall 32°54.38¢S 134°03.53¢E to 32°43.60¢S 133°57.77¢E Olives Island Olives Island 32°43.60¢S 133°57.77¢E to 32°35.18¢S 133°17.07¢E Fenelon Island Fenelon Island 32°34.92¢S 133°16.73¢E to 32°33.80¢S 133°16.58¢E Masillon Island Masillon Island 32°33.80¢S 133°16.58¢E to 32°30.90¢S 133°15.03¢E West Island West Island 32°30.47¢S 133°14.87¢E to 32°13.52¢S 133°06.62¢E Island 1 mile SW Pt Bell 32°13.52¢S 133°06.62¢E to 32°08.75¢S 132°59.32¢E Sinclair Island Sinclair Island 32°08.67¢S 132°59.28¢E to 32°07.62¢S 132°58.72¢E 32°07.62¢S 132°58.72¢E to 32°01.87¢S 132°28.27¢E Point Fowler Anxious Bay 33°12.05¢S 134°19.63¢E to 33°35.68¢S 134°45.05¢E 33°35.83¢S 134°45.90¢E to 33°35.98¢S 134°46.50¢E 33°36.72¢S 134°48.33¢E to 33°37.47¢S 134°49.67¢E Encounter Bay 35°35.80¢S 138°36.10¢E to 35°35.80¢S 138°57.40¢E Lacepede Bay 36°35.80¢S 139°50.00¢E to 36°56.60¢S 139°40.40¢E Rivoli Bay 37°34.02¢S 140°06.33¢E to 37°30.05¢S 140°00.80¢E 37°29.95¢S 140°00.68¢E to 37°29.87¢S 140°00.63¢E Bay Closure Lines Coffin Bay 34°09.07¢S 135°14.39¢E to 34°25.86¢S 135°12.41¢E Avoid Bay 34°35.49¢S 135°06.75¢E to 34°41.78¢S 135°19.65¢E

FISHERIES ACT 1982: SECTION 59 9. The fisher may with the prior approval of the Director of TAKE notice that, pursuant to section 59 of the Fisheries Act Fisheries transfer uncaught units of quota during the period of this 1982, Joe Puglisi, P.O. Box 1607, Port Lincoln, S.A. 5606, or his notice. nominated replacement approved by the Director of Fisheries 10. Fish taken pursuant to this notice as the result of a transfer (hereinafter referred to as the ‘fisher’) is exempt from section 41 of quota must be taken in the area as described (and disposed of as of the Fisheries Act 1982, subject to the conditions contained in described) in the permit conditions of the holder of the initial Schedule 1 to this exemption, in that they shall not be guilty of allocation. an offence when using a fine mesh purse seine net as described in 11. The fisher may transfer catch taken pursuant to this notice Schedule 2 for the taking of pilchards (Sardinops neopilchardus) to a carrier boat at sea subject to nominating the boats in and other species within the Families Clupeidae and Engraulididae advance. (hereinafter referred to as the ‘permitted species’) for the purpose of trade or business in marine waters of South Australia as 12. The fisher may nominate no more than two carrier boats described in Schedule 3 as Area B (hereinafter referred to as the at any one time. Notification of boat name must be provided to ‘permitted activity’). the person or agency responsible for conducting quota monitoring operations. SCHEDULE 1 13. Where the fisher transfers all or part of his catch to a 1. The fisher may engage in the permitted activity from the carrier boat that portion of the catch must be accompanied by a date of gazettal of this notice until 31 May 1999, or until South Australian Pilchard Fishery Log Book, completed as revoked by the Director of Fisheries. required by condition 16 of this notice. 2. This exemption is valid only in respect of the fishing vessel 14. The fisher must notify the person nominated for quota Sardinops (hereinafter referred to as the ‘permitted boat’). monitoring, by telephone, of the intended place of any unloading 3. The fisher must be on board the permitted boat at all times and the estimated weight of the catch at least one hour prior to while the boat is being used for the purpose of engaging in the the unloading taking place. permitted activity. 15. The fisher must provide the person nominated for quota 4. Whilst engaged in the permitted activity the fisher shall not monitoring with reasonable access to boats and vehicles for the use any other device than that permitted pursuant to Schedule 2. purpose of enabling inspection of the catch and any record 5. The fisher must not take or be in possession of any other relating to the South Australian Pilchard Fishery Log Book species of fish, other than the permitted species, while engaging required to be completed under this notice. in the permitted activity. 16. The fisher must complete the South Australian Pilchard 6. Any fish, which are not permitted species, taken as by-catch Fishery Log Book as described below: by the fisher during the permitted activity must be immediately (a) Unloading to a shore based processing plant: returned to the water. (i) The fisher shall complete all columns of the South 7. The fisher may only engage in the permitted activity for the Australian Pilchard Fishery Log Book up to but purpose of supplying food fish for tuna farms. not including the column titled PILCHARD 8. The fisher shall not, during the period 1 January 1999 to 31 TONNAGE CAUGHT. May 1999, take a quantity of permitted species which exceeds his The fish can then be dispatched to the shore based processing quota of 15.56 units at 6.427 tonnes per unit (which is equal to plant. It is the responsibility of the fisher to make certain that all 100 tonnes). fish are accurately weighed within 24 hours of the consignment to the processor: 2466 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

(ii) The fisher shall upon being notified by the 20. While engaged in the permitted activity the fisher must processor of the total weight of fish unloaded have in his possession the copy of this notice with which the complete the columns headed, PILCHARD Director of Fisheries has supplied him and produce that notice to TONNAGE CAUGHT, OTHER SPECIES, a Fisheries Officer forthwith, if and when a Fisheries Officer TONNAGE CAUGHT (This refers to other requests him to produce it. species) and REMARKS. 21. The fisher shall not contravene or fail to comply with the For any unloading, if fishing has taken place on more than one Fisheries Act 1982, or any regulations made under that Act, day then this should be noted and the verified weight split as close except where specifically exempted by this notice. as possible to reflect the actual quantities taken on each day of fishing. SCHEDULE 2 (b) Unloading at sea or direct to a tuna cage: In waters described as Area A: one purse seine net having a maximum length of 600 m, a maximum depth of 100 m and a The fisher shall complete all columns of the South mesh size of between 16 mm and 20 mm. Australian Pilchard Fishery Log Book immediately after capture and include an estimated tonnage in the In waters described as Area B: one purse seine net having a column marked PILCHARD TONNAGE CAUGHT. mesh size of between 16 mm and 20 mm. The estimated tonnage should be based on a recorded SCHEDULE 3 number of boxes of a certain capacity (weight) filled. For the purposes of this notice, Area A is defined as: 17. The fisher then shall either by facsimile or in person deliver the completed (South Australian Pilchard Fishery Log Coastal waters within 3 nautical miles of high water mark or Book) form to the person nominated for quota monitoring within within 3 nautical miles to seaward of the base lines and bay 48 hours of the unloading. closure lines described in Table 1. 18. The fisher must provide regular samples of the permitted For the purposes of this notice, Area B is defined as: species for research analysis and assist in any other South Coastal waters more than 3 nautical miles to seaward of high Australian Research and Development Institute (SARDI) water mark or more than 3 nautical miles to seaward of the sponsored pilchard fishery research program as required by the base lines and bay closure lines described in Table 1. Chief Scientist, Aquatic Sciences, SARDI. Dated 30 April 1999. 19. The fisher must complete a monthly return within 14 days of the end of the previous month and forward it to SARDI. This W. ZACHARIN, Director of Fisheries return must be completed regardless of whether the fisher took fish or not, i.e. nil returns are required.

TABLE 1 Base Lines and Bay Closure Lines of South Australia

Location From to Location

Base Lines Newland Head 35°38.68¢S 138°31.32¢E to 35°45.63¢S 138°18.17¢E The Pages 35°45.63¢S 138°18.17¢E to 35°46.65¢S 138°17.57¢E 35°46.88¢S 138°17.43¢E to 35°47.10¢S 138°17.33¢E The Pages 35°47.25¢S 138°17.15¢E to 35°50.70¢S 138°07.95¢E Cape Willoughby Vennachar Point 35°53.25¢S 136°31.97¢E to 34°57.20¢S 135°37.37¢E Cape Carnot 34°57.20¢S 135°37.37¢E to 34°56.90¢S 135°37.40¢E Pt Westall 32°54.38¢S 134°03.53¢E to 32°43.60¢S 133°57.77¢E Olives Island Olives Island 32°43.60¢S 133°57.77¢E to 32°35.18¢S 133°17.07¢E Fenelon Island Fenelon Island 32°34.92¢S 133°16.73¢E to 32°33.80¢S 133°16.58¢E Masillon Island Masillon Island 32°33.80¢S 133°16.58¢E to 32°30.90¢S 133°15.03¢E West Island West Island 32°30.47¢S 133°14.87¢E to 32°13.52¢S 133°06.62¢E Island 1 mile SW Pt Bell 32°13.52¢S 133°06.62¢E to 32°08.75¢S 132°59.32¢E Sinclair Island Sinclair Island 32°08.67¢S 132°59.28¢E to 32°07.62¢S 132°58.72¢E 32°07.62¢S 132°58.72¢E to 32°01.87¢S 132°28.27¢E Point Fowler Anxious Bay 33°12.05¢S 134°19.63¢E to 33°35.68¢S 134°45.05¢E 33°35.83¢S 134°45.90¢E to 33°35.98¢S 134°46.50¢E 33°36.72¢S 134°48.33¢E to 33°37.47¢S 134°49.67¢E Encounter Bay 35°35.80¢S 138°36.10¢E to 35°35.80¢S 138°57.40¢E Lacepede Bay 36°35.80¢S 139°50.00¢E to 36°56.60¢S 139°40.40¢E Rivoli Bay 37°34.02¢S 140°06.33¢E to 37°30.05¢S 140°00.80¢E 37°29.95¢S 140°00.68¢E to 37°29.87¢S 140°00.63¢E Bay Closure Lines Coffin Bay 34°09.07¢S 135°14.39¢E to 34°25.86¢S 135°12.41¢E Avoid Bay 34°35.49¢S 135°06.75¢E to 34°41.78¢S 135°19.65¢E 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2467

FISHERIES ACT 1982: SECTION 59 16. The fisher must complete the South Australian Pilchard TAKE notice that, pursuant to section 59 of the Fisheries Act Fishery Log Book as described below: 1982, Stanislav Lukin, 62 Lincoln Highway, Port Lincoln, S.A. (a) Unloading to a shore based processing plant: 5606, or his nominated replacement approved by the Director of (i) The fisher shall complete all columns of the South Fisheries (hereinafter referred to as the ‘fisher’) is exempt from Australian Pilchard Fishery Log Book up to but section 41 of the Fisheries Act 1982, subject to the conditions not including the column titled PILCHARD contained in Schedule 1 to this exemption, in that they shall not TONNAGE CAUGHT. be guilty of an offence when using a fine mesh purse seine net as described in Schedule 2 for the taking of pilchards (Sardinops The fish can then be dispatched to the shore based processing neopilchardus) and other species within the Families Clupeidae plant. It is the responsibility of the fisher to make certain that all and Engraulididae (hereinafter referred to as the ‘permitted fish are accurately weighed within 24 hours of the consignment to species’) for the purpose of trade or business in marine waters of the processor: South Australia as described in Schedule 3 as Area B (hereinafter (ii) The fisher shall upon being notified by the referred to as the ‘permitted activity’). processor of the total weight of fish unloaded complete the columns headed, PILCHARD SCHEDULE 1 TONNAGE CAUGHT, OTHER SPECIES, 1. The fisher may engage in the permitted activity from the TONNAGE CAUGHT (This refers to other date of gazettal of this notice until 31 May 1999, or until species) and REMARKS. revoked by the Director of Fisheries. For any unloading, if fishing has taken place on more than one 2. This exemption is valid only in respect of the fishing vessel day then this should be noted and the verified weight split as close Aislinn (hereinafter referred to as the ‘permitted boat’). as possible to reflect the actual quantities taken on each day of 3. The fisher must be on board the permitted boat at all times fishing. while the boat is being used for the purpose of engaging in the (b) Unloading at sea or direct to a tuna cage: permitted activity. The fisher shall complete all columns of the South 4. Whilst engaged in the permitted activity the fisher shall not Australian Pilchard Fishery Log Book immediately after use any other device than that permitted pursuant to Schedule 2. capture and include an estimated tonnage in the column marked PILCHARD TONNAGE CAUGHT. 5. The fisher must not take or be in possession of any other The estimated tonnage should be based on a recorded species of fish, other than the permitted species, while engaging number of boxes of a certain capacity (weight) filled. in the permitted activity. 17. The fisher then shall either by facsimile or in person 6. Any fish, which are not permitted species, taken as by-catch deliver the completed (South Australian Pilchard Fishery Log by the fisher during the permitted activity must be immediately Book) form to the person nominated for quota monitoring within returned to the water. 48 hours of the unloading. 7. The fisher may only engage in the permitted activity for the 18. The fisher must provide regular samples of the permitted purpose of supplying food fish for tuna farms. species for research analysis and assist in any other South 8. The fisher shall not, during the period 1 January 1999 to 31 Australian Research and Development Institute (SARDI) May 1999, take a quantity of permitted species which exceeds his sponsored pilchard fishery research program as required by the quota of 15.56 units at 6.427 tonnes per unit (which is equal to Chief Scientist, Aquatic Sciences, SARDI. 100 tonnes). 19. The fisher must complete a monthly return within 14 days 9. The fisher may with the prior approval of the Director of of the end of the previous month and forward it to SARDI. This Fisheries transfer uncaught units of quota during the period of this return must be completed regardless of whether the fisher took notice. fish or not, i.e. nil returns are required. 10. Fish taken pursuant to this notice as the result of a transfer 20. While engaged in the permitted activity the fisher must of quota must be taken in the area as described (and disposed of as have in his possession the copy of this notice with which the described) in the permit conditions of the holder of the initial Director of Fisheries has supplied him and produce that notice to allocation. a Fisheries Officer forthwith, if and when a Fisheries Officer requests him to produce it. 11. The fisher may transfer catch taken pursuant to this notice 21. The fisher shall not contravene or fail to comply with the to a carrier boat at sea subject to nominating the boats in Fisheries Act 1982, or any regulations made under that Act, advance. except where specifically exempted by this notice. 12. The fisher may nominate no more than two carrier boats SCHEDULE 2 at any one time. Notification of boat name must be provided to the person or agency responsible for conducting quota monitoring In waters described as Area A: one purse seine net having a operations. maximum length of 600 m, a maximum depth of 100 m and a mesh size of between 16 mm and 20 mm. 13. Where the fisher transfers all or part of his catch to a carrier boat that portion of the catch must be accompanied by a In waters described as Area B: one purse seine net having a South Australian Pilchard Fishery Log Book, completed as mesh size of between 16 mm and 20 mm. required by condition 16 of this notice. SCHEDULE 3 14. The fisher must notify the person nominated for quota For the purposes of this notice, Area A is defined as: monitoring, by telephone, of the intended place of any unloading Coastal waters within 3 nautical miles of high water mark or and the estimated weight of the catch at least one hour prior to within 3 nautical miles to seaward of the base lines and bay the unloading taking place. closure lines described in Table 1. 15. The fisher must provide the person nominated for quota For the purposes of this notice, Area B is defined as: monitoring with reasonable access to boats and vehicles for the purpose of enabling inspection of the catch and any record Coastal waters more than 3 nautical miles to seaward of high relating to the South Australian Pilchard Fishery Log Book water mark or more than 3 nautical miles to seaward of the required to be completed under this notice. base lines and bay closure lines described in Table 1. Dated 30 April 1999. W. ZACHARIN, Director of Fisheries 2468 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

TABLE 1 Base Lines and Bay Closure Lines of South Australia

Location From to Location

Base Lines Newland Head 35°38.68¢S 138°31.32¢E to 35°45.63¢S 138°18.17¢E The Pages 35°45.63¢S 138°18.17¢E to 35°46.65¢S 138°17.57¢E 35°46.88¢S 138°17.43¢E to 35°47.10¢S 138°17.33¢E The Pages 35°47.25¢S 138°17.15¢E to 35°50.70¢S 138°07.95¢E Cape Willoughby Vennachar Point 35°53.25¢S 136°31.97¢E to 34°57.20¢S 135°37.37¢E Cape Carnot 34°57.20¢S 135°37.37¢E to 34°56.90¢S 135°37.40¢E Pt Westall 32°54.38¢S 134°03.53¢E to 32°43.60¢S 133°57.77¢E Olives Island Olives Island 32°43.60¢S 133°57.77¢E to 32°35.18¢S 133°17.07¢E Fenelon Island Fenelon Island 32°34.92¢S 133°16.73¢E to 32°33.80¢S 133°16.58¢E Masillon Island Masillon Island 32°33.80¢S 133°16.58¢E to 32°30.90¢S 133°15.03¢E West Island West Island 32°30.47¢S 133°14.87¢E to 32°13.52¢S 133°06.62¢E Island 1 mile SW Pt Bell 32°13.52¢S 133°06.62¢E to 32°08.75¢S 132°59.32¢E Sinclair Island Sinclair Island 32°08.67¢S 132°59.28¢E to 32°07.62¢S 132°58.72¢E 32°07.62¢S 132°58.72¢E to 32°01.87¢S 132°28.27¢E Point Fowler Anxious Bay 33°12.05¢S 134°19.63¢E to 33°35.68¢S 134°45.05¢E 33°35.83¢S 134°45.90¢E to 33°35.98¢S 134°46.50¢E 33°36.72¢S 134°48.33¢E to 33°37.47¢S 134°49.67¢E Encounter Bay 35°35.80¢S 138°36.10¢E to 35°35.80¢S 138°57.40¢E Lacepede Bay 36°35.80¢S 139°50.00¢E to 36°56.60¢S 139°40.40¢E Rivoli Bay 37°34.02¢S 140°06.33¢E to 37°30.05¢S 140°00.80¢E 37°29.95¢S 140°00.68¢E to 37°29.87¢S 140°00.63¢E Bay Closure Lines Coffin Bay 34°09.07¢S 135°14.39¢E to 34°25.86¢S 135°12.41¢E Avoid Bay 34°35.49¢S 135°06.75¢E to 34°41.78¢S 135°19.65¢E

GEOGRAPHICAL NAMES ACT 1991 Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, Notice to Assign Names and Boundaries to Places and serving a copy of the notice on the applicant at the NOTICE is hereby given pursuant to the provisions of the above applicant’s address given above, at least seven days before the Act that I, PETER MACLAREN KENTISH, Surveyor-General hearing date. and delegate appointed by Robert Lawson, Minister for Administrative Services, Minister of the Crown to whom the Plans in respect of the premises the subject of the application administration of the Geographical Names Act 1991 is are open to public inspection without fee at the Office of the committed do hereby assign the names BUCKLEBOO, Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. WILCHERRY, PINKAWILLINIE, CORTLINYE, MOSELEY, Building, 50 Grenfell Street, Adelaide 5000. COOTRA, CARALUE, WADDIKIE, KELLY, BARNA, Dated 28 April 1999. YALANDA, KIMBA, CUNYARIE, KOONGAWA, PANITYA Applicant and SOLOMON to those areas within the District Council of Kimba and shown numbered 1 to 16 respectively on Rack Plan 825. LIQUOR LICENSING ACT 1997 Dated 27 April 1999. Notice of Application P. M. KENTISH, Surveyor-General, Department for NOTICE is hereby given, pursuant to section 52 (2) (b) of the Administrative and Information Services Liquor Licensing Act 1997, that KS Morphett Vale Pty Ltd, 1st DEHAA 04/0090 Floor, 67 South Terrace, Adelaide, S.A. 5000, has applied to the Licensing Authority for the transfer of a Restaurant Licence in respect of premises situated at 151-155 Main South Road, Morphett Vale, S.A. 5162 and known as Pumpernics Pasta and Noodle Bar and to be known as Kwik Stix Morphett Vale. LIQUOR LICENSING ACT 1997 The application has been set down for hearing on 4 June 1999 Notice of Application at 10 a.m. 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 Pasminco-BHAS and of objection in the prescribed form with the Licensing Authority, Community Club Inc. has applied to the Licensing Authority for and serving a copy of the notice on the applicant at the a variation to the Extended Trading Authorisation in respect of applicant’s address given above, at least seven days before the premises situated at corner Florence Street and Alexander Street, hearing date. Port Pirie, S.A. 5540 and known as Pasminco-BHAS and Community Club Inc. Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the The application has been set down for hearing on 4 June 1999. Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Conditions Building, 50 Grenfell Street, Adelaide 5000. The following licence conditions are sought: Dated 28 April 1999. Extended Trading Authorisation—Hours of Operation: Applicant Thursday: Midnight to 1 a.m. the following morning Friday: Midnight to 2 a.m. the following morning Saturday: Midnight to 3 a.m. the following morning Sunday: 8 a.m. to 11 a.m. and 8 p.m. to midnight. 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2469

LIQUOR LICENSING ACT 1997 Any person may object to the application by lodging a notice 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 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 Wessell Pty Ltd (ACN 066 822 hearing date. 491), c/o Griffins Lawyers, Level 14, 26 Flinders Street, Adelaide, S.A. 5000, has applied to the Licensing Authority for the grant Plans in respect of the premises the subject of the application of a Restaurant Licence in respect of premises situated at War are open to public inspection without fee at the Office of the Memorial Drive, North Adelaide and known as Gekkos Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Restaurant. Building, 50 Grenfell Street, Adelaide 5000. The application has been set down for hearing on 4 June 1999. Dated 30 April 1999. Applicant Conditions The following licence conditions are sought: The licensee is authorised to sell liquor on any day except LIQUOR LICENSING ACT 1997 Good Friday and Christmas Day for consumption on the Notice of Application licensed premises by persons: NOTICE is hereby given, pursuant to section 52 (2) (b) of the (a) seated at a table; or Liquor Licensing Act 1997, that D.K. Parade Pty Ltd (ACN 087 attending a function at which food is provided. 329 897), c/o Lee Green, 1st Floor, 133 Archer Street, North (b) Adelaide, S.A. 5006, has applied for the transfer of a Special The applicant applies for an extended trading authorisation Circumstances Licence in respect of premises situated at 125A to authorise the sale of liquor on any day between the hours of The Parade, Norwood and currently known as Brenno’s but to be midnight and 3 a.m. known as Red Rock Noodle Bar & Restaurant—Norwood. The applicant applies for consent to use the whole of the The application has been set down for hearing on 7 June 1999 licensed premises for the purposes of providing entertainment. at 10 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 Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Building, 50 Grenfell Street, Adelaide 5000. Building, 50 Grenfell Street, Adelaide 5000. Dated 29 April 1999. Dated 29 April 1999. 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 NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that Blacklock Nominees Pty Ltd has Liquor Licensing Act 1997, that Stellini Ristorante Pty Ltd (ACN applied to the Licensing Authority for a Retail Liquor Merchant’s 086 509 444) has applied to the Licensing Authority for the Licence in respect of premises situated at corner of Cheeseman transfer of an Entertainment Venue Licence held in respect of Street and Herbert Street, Normanville and to be known as premises situated at 153 Melbourne Street, North Adelaide, S.A. Normanville Bottleshop. 5006, and known as Coco Entertainment Venue and Restaurant. The application has been set down for hearing on 4 June 1999. The application has been set down for hearing on 7 June 1999. Any person may object to the application by lodging a notice Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, of objection in the prescribed form with the 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 Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Building, 50 Grenfell Street, Adelaide 5000. Building, 50 Grenfell Street, Adelaide 5000. Dated 3 May 1999. Dated 21 April 1999. 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 NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that S.A. Fodder Pty Ltd (ACN 007 Liquor Licensing Act 1997, that Chin Huat Ung, 118 East 778 887), 94-98 Sturt Street, Adelaide, S.A. 5000, has applied to Avenue, Beverley, S.A. 5009, has applied to the Licensing the Licensing Authority for the transfer of a Hotel Licence in Authority for the transfer of an Entertainment Venue Licence in respect of premises situated at 82 Carrington Street, Adelaide, respect of premises situated at 171 Hindley Street, Adelaide, S.A. S.A. 5000, and known as the Saracen’s Head Tavern. 5000 and known as M Max Dance Club. The application has been set down for hearing on 7 June 1999. The application has been set down for hearing on 7 June 1999. 2470 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

Any person may object to the application by lodging a notice Notice of Application for Transfer of Liquor Licence and Gaming of objection in the prescribed form with the Licensing Authority, Machine Licence and serving a copy of the notice on the applicant at the NOTICE is hereby given, pursuant to section 52 of the Liquor applicant’s address given above, at least seven days before the Licensing Act 1997 and section 29 of the Gaming Machines Act hearing date. 1992, that The Olympic Employee Plan Pty Ltd (ACN 063 567 Plans in respect of the premises the subject of the application 724), c/o Wallmans Solicitors, 173 Wakefield Street, Adelaide, are open to public inspection without fee at the Office of the S.A. 5000, has applied to the Liquor and Gaming Commissioner Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. for the transfer of a Hotel Licence and Gaming Machine Licence Building, 50 Grenfell Street, Adelaide 5000. in respect of premises situated at South Road, Darlington, S.A. Applicant 5047 and known as Flagstaff Hotel. The application has been set down for hearing on 4 June 1999. LIQUOR LICENSING ACT 1997 Any person may object to the application by lodging a notice 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 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 Seafert Pty Ltd has applied to hearing date. the Licensing Authority for a variation to Entertainment Plans in respect of the premises the subject of the application Consent to include the Beer Garden, Extended Trading are open to public inspection without fee at the Office of the Authorisation and to be exempt from the obligation to keep the Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. premises open for the sale of liquor and meals between 11 a.m. to Building, 50 Grenfell Street, Adelaide 5000. 4 p.m., Monday to Friday, in respect of premises situated at 25 Onkaparinga Valley Road, Verdun, S.A. 5245 and known as Applicant Stanley Bridge Tavern. The application has been set down for hearing on 11 June LIQUOR LICENSING ACT 1997 1999. Notice of Application for Transfer of Liquor Licence and Gaming Conditions Machine Licence The following licence conditions are sought: NOTICE is hereby given, pursuant to section 52 of the Liquor Extended Trading Authorisation—Hours of Operation: Licensing Act 1997 and section 29 of the Gaming Machines Act 1992, that Henry Bailey Investments Pty Ltd (ACN 086 968 For on premises consumption: 890), c/o MGI Caulfields, 212 Greenhill Road, Eastwood, S.A. Monday to Saturday: Midnight to 2 a.m. the following 5063, has applied to the Liquor and Gaming Commissioner for morning. the transfer of a Hotel Licence and Gaming Machine Licence in respect of premises situated at 219 O’Connell Street, North Sunday: 8 a.m. to 11 a.m. and 8 p.m. to 2 a.m. the Adelaide, and known as Caledonian Hotel. following morning. The application has been set down for hearing on 4 June 1999. For off premises consumption: Any person may object to the application by lodging a notice Sunday: 8 a.m. to 11 a.m. and 8 p.m. to 9 p.m. 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 Licensing Commissioner, 2nd Floor, East Wing, G.R.E. are open to public inspection without fee at the Office of the Building, 50 Grenfell Street, Adelaide 5000. Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Dated 28 April 1999. Building, 50 Grenfell Street, Adelaide 5000. Applicant Dated 28 April 1999. Applicant LOCAL GOVERNMENT ACT 1934: NOTICE OF AMENDMENT OF RULES OF A CONTROLLING LIQUOR LICENSING ACT 1997 AUTHORITY¾ADELAIDE HILLS REGION WASTE MANAGEMENT AUTHORITY Notice of Application for Transfer of Liquor Licence and Gaming Machine Licence TAKE notice that pursuant to Section 200 of the Local Government Act 1934, as amended, Mark Brindal, Minister for NOTICE is hereby given, pursuant to section 52 of the Liquor Local Government and delegate Minister of the Minister for Licensing Act 1997 and section 29 of the Gaming Machines Act Industry, Trade and Tourism to whom the administration of the 1992, that The Olympic Employee Plan Pty Ltd (ACN 063 567 Local Government Act 1934, is committed, has approved the 724), c/o Wallmans Solicitors, 173 Wakefield Street, Adelaide, amendment of the rules of the Adelaide Hills Region Waste S.A. 5000, has applied to the Liquor and Gaming Commissioner Management Authority by the District Council of Mount Barker, for the transfer of a Hotel Licence and Gaming Machine Licence the Adelaide Hills Council, the Rural City of Murray Bridge and in respect of premises situated at 273 Churchill Road, Prospect, the Alexandrina Council. S.A. 5082 and known as Reepham Hotel. The amended rules of the controlling authority are set out The application has been set down for hearing on 4 June 1999. below. Any person may object to the application by lodging a notice Dated 30 April 1999. of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicant at the M. BRINDAL, Minister for Local Government applicant’s address given above, at least seven days before the hearing date. ADELAIDE HILLS REGION WASTE MANAGEMENT AUTHORITY Plans in respect of the premises the subject of the application Amendments to the Rules are open to public inspection without fee at the Office of the Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. 1. Definitions Building, 50 Grenfell Street, Adelaide 5000. 1.1 ‘the Act’ means the Local Government Act 1934; Applicant 1.2 ‘annual asset percentage’ means the percentage that the council’s annual mass bears to the combined annual masses of all constituent councils; LIQUOR LICENSING ACT 1997 1.3 ‘annual mass’ means the mass of rubbish and waste collected or disposed of from the area of a constituent 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2471

council in the twelve months preceding 30 June in each 5.3 Each constituent council will appoint a deputy to each year; of the principal members. In the case of an elected 1.4 ‘the Authority’ means the Adelaide Hills Region Waste member the deputy must be an elected member of the Management Authority; constituent council and in the case of an employee the deputy member must be an employee of the con- 1.5 ‘constituent council’ has the same meaning as in Section stituent council. The relevant deputy member is 200 of the Act; entitled to act as the relevant principal member of the 1.6 ‘the Board’ is the managing and operating Board of the Board if the principal member is unable for any reason Authority; to be present at and to participate at a Board meeting. 1.7 ‘Member’ means a person authorised pursuant to these 5.4 A certificate signed by the chief executive officer of a Rules to sit on the Board. constituent council will be sufficient evidence of the appointment of a principal member and deputy 2. Constitution member of the Board. The Authority is constituted a controlling Authority under 5.5 There will be a chairperson and a deputy chairperson Section 200 of the Local Government Act 1934 on 11 October of the Board drawn from the elected members and 1990 and these Rules govern the affairs of the Authority. elected by ballot by the Board. 3. Constituent Councils 5.6 The term of office for the chairperson and deputy The Authority has been established by the District Council of chairperson will expire at the annual general meeting Mount Barker, the Adelaide Hills Council, the Rural City of of the Authority. The outgoing chairperson and Murray Bridge and the Alexandrina Council (‘the constituent deputy chairperson will be eligible for re-election. councils’), which comprise the Adelaide Hills Region of local 5.7 In the absence of the chairperson the deputy government (‘the Region’). chairperson will act in the office. In the absence of 4. Purpose the chairperson and the deputy chairperson the Board will elect an acting chairperson pro tem. The Authority has been established for the following purposes: 6. Term of Office¾the Board 4.1 to facilitate and co-ordinate waste management including recycling within the Region; 6.1 Subject only to the following subrules, the term of office of each member and deputy member of the 4.2 to develop and implement policies designed to Board will be as determined by the constituent council improve waste management and recycling pro- appointing the member and deputy member. grammes and practices within the Region; 6.2 The term of office of an elected member appointed to 4.3 to regularly review the Region’s waste management the Board ceases immediately on the date of the and recycling practices and policies; periodic election for the constituent councils or upon 4.4 to provide and operate a place or places for the the elected member or deputy elected member ceasing treatment, recycling and disposal of waste collected by to be an elected member of the constituent council or or in the areas of the constituent councils; on becoming ineligible for any reason to retain office as an elected member of a constituent council. 4.5 to enter into agreements with the constituent councils for the purpose of operating and managing sites for 6.3 The Board may by a two-thirds majority vote of the the treatment, recycling and disposal of waste; members present (excluding the member or deputy member subject to this subrule) make a recom- 4.6 to raise finance for all purposes relating to the mendation to the constituent council seeking its collection, treatment, recycling and disposal of waste; approval to terminate the appointment of a member 4.7 to determine the types of refuse and waste which will or deputy member to the Board in the event of any be received and the method of collection, treatment, behaviour of the member or the deputy member which recycling and disposal of the waste; in the opinion of the Board amounts to impropriety, serious neglect of duty in attending to the 4.8 to enter into contracts and to undertake projects and responsibilities as a member of the Board; breach of to undertake all manner of things relating to and fiduciary duty to the Board or a constituent council, incidental to the collection, treatment, recycling and breach of the duty of confidentiality to the Board and disposal of waste; the constituent councils, or any other behaviour 4.9 to develop further co-operation between the con- which may discredit the Board. stituent councils in the collection, treatment, 6.4 The constituent council which appointed the member recycling and disposal of waste for which the whose term of office has become vacant will be constituent councils are or may become responsible; responsible to appoint the replacement member. 4.10 to minimise the volume of waste collected in the 7. areas of the constituent councils which is required to Proceedings of the Board be disposed of by landfill; 7.1 Subject only to the extent that they are modified by this Rule, the proceedings of the Board will be the 4.11 to educate and motivate the community to achieve same as those for a council under the Local the practical reduction of waste through reuse and Government Act 1934 and the Local Government recycling initiatives. (Proceedings of Councils) Regulations 1984. 5. Membership¾the Board 7.2 Subject only to the special provisions of this Rule, no 5.1 The Authority will be governed by a Board. Member- meeting of the Board will commence until a quorum ship of the Board is determined in these Rules. of members is present and no meeting may continue if 5.2 Each of the constituent councils will appoint two of there is not a quorum of members present. A quorum their elected members and one of their employees to of members will comprise one half of the members in the Board of the Authority who will be the principal office, ignoring any fraction, plus one. members. 7.3 For the purpose of these Rules the contemporaneous linking together by telephone or other like electronic means of sufficient members forming a quorum will be deemed to constitute a meeting of the Board. 2472 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

7.4 In the event that there is not a quorum present at two • Chairperson’s report; consecutive meetings of the Board, then an extra- • election of the chairperson until the next annual ordinary meeting of the Board may be convened in general meeting; the same manner as for a special meeting, at which the business which was on the agenda for the two • adoption of Statement of Income and Expenditure previous but failed meetings may be transacted. The for the ensuing financial year. quorum for an extraordinary meeting in these circum- 11. Financial Contributions to the Authority stances is at least three members representing three of the constituent councils, at least two of whom must be 11.1 The operating year shall be 1 July to 30 June. representatives from the constituent councils who use 11.2 The Board will determine annually the funds the Hartley Landfill. Decisions made at such a required to enable the Authority to operate. meeting will be binding on all members of the Board and the constituent councils. 11.3 The Board is accountable to each constituent council to ensure that the Authority functions in 7.5 Meetings of the Board will be open to the public accordance with its purpose and its approved budgets. unless the Board resolves to consider a matter in confidence. 11.4 The accounting and audit requirements of the Local Government Act 1934 and the Local Government 7.6 All matters for decision at a meeting of the Board will Accounting Regulations 1993, will apply to the be decided by a simple majority of the members Authority and to the Board . present and entitled to vote on the matter. All mutatis mutandis members present and entitled to vote on the matter 11.5 Administrative Contributions are required to cast a vote. All members are entitled 11.5.1 The Board will determine annually the only to a deliberative vote. administrative funds required by the 7.7 In the event of an equality of votes the matter will be Authority to enable it to function. deemed to have lapsed and may subsequently be 11.5.2 The Board may during any year determine reconsidered according to the appropriate Rule. that additional administrative funds are 7.8 Meetings of the Board will be held at such time and required for the continuing function of the such place as the Board decides subject only to the Authority. requirement that there will be at least one meeting in every four months. 11.5.3 Each of the constituent councils agree to contribute in equal amounts to the adminis- 7.9 A special meeting of the Board may be held at any trative funds required by the Authority and time and may be called at the request of the chair- as determined by the Board at any time. person or the written request of at least three members of the Board. 11.5.4 The annual administrative contribution will be paid by each constituent council in 7.10 Notice of all meetings will be given in accordance advance by monthly instalments. with the requirements applicable to a council meeting under the Act, which apply mutatis mutandis. 11.5.5 Any additional administrative contribution will be paid in equal proportions by each 7.11 All members must keep confidential all documents constituent council in the manner and at the and any information provided to them for their time determined by the Board. consideration prior to a meeting of the Board. 11.6 Operating Contributions 8. Propriety of Members of the Board 8.1 All provisions governing propriety of members of a 11.6.1 The Authority may from time to time fix all council and public officers under the law of South fees, charges, imports and levies and prices Australia will be applicable to the members of the payable for the collection, receipt, accep- Board. tance or purchase of waste by the Authority. 8.2 In particular, the provisions regarding conflict of 11.6.2 Each constituent council shall contribute to interest prescribed in the Local Government Act 1934 the amount required in proportion to that will apply to the members of the Board mutatis council’s current annual asset percentage at mutandis. the date the income requirement is approved by the board or, if the Board so decides, the 8.3 The members of the Board will at all times act in annual asset percentage calculated to 30 accordance with their duties of confidence and June. confidentiality and individual fiduciary duties to the Board and to their constituent councils. 11.6.3 Any contribution to operating expenses shall be made by each constituent council within 8.4 The members of the Board must keep confidential all 60 days of notice in writing being given by documents and any information marked as con- the Board to the chief executive officer of fidential and provided to them for their consideration the council, provided that if the Board so prior to a meeting of the Board. decides such payments may be made in 9. Subcommittees advance by monthly instalments. 9.1 The Board may from time to time as it sees fit 12. Powers appoint occasional or standing subcommittees of Board members, other elected members from con- 12.1 The Authority is constituted as a body corporate stituent councils and/or staff from constituent under the Local Government Act 1934 and in all councils co-opted for specific purposes. things acts through the Board. 9.2 Every subcommittee shall operate in accordance with 12.2 Subject to this Rule, the Authority as a body the general procedure applicable to the Board itself corporate has all of the powers of a council under the subject to any variation prescribed by the Board. Local Government Act 1934, including: 10. Annual General Meeting 12.2.1 the power to acquire, deal with and dispose of real and personal property (wherever 10.1 The annual general meeting of the Board shall be situated) and rights in relation to real and held prior to 30 June in each year at a place and time personal property; determined by a resolution of the Board at the last preceding, ordinary meeting. 12.2.2 the power to sue and be sued in its corporate name; 10.2 The annual general meeting shall conduct business of the general nature aimed at reviewing the progress 12.2.3 the power to enter into any kind of contract and direction of the Authority and shall include the or arrangement; following: 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2473

12.2.4 the power to do anything else necessary or decisions, the efficient and effective management of convenient for, or incidental to, the the operations and affairs of the Authority, and exercise, performance or discharge of its forgiving effect to the general management objectives powers, functions or duties. and principals of personnel management prescribed by 12.3 There will be a common seal of the Authority the Rules. which may be affixed to documents and must be 13.7 In the absence of the Executive Officer the attested by the chairperson or deputy chairperson of Secretary will act in that office. the Board and the Executive Officer of the Authority. 14. Finance 12.4 The common seal must not be affixed to a document except to give effect to a resolution of the 14.1 The Board will establish and maintain a bank Board. The Executive Officer will maintain a register account with such banking facilities and at a bank to which records the resolutions of the Board giving be determined by the Board. authority to affix the common seal and details of the 14.2 All cheques to be authorised must be signed by two documents to which the common seal has been affixed members of the Board or one member of the Board with the particulars of the persons who attested the and the Executive Officer. fixing of the seal and the date thereof. 12.5 The Board may commit the Authority to undertake 14.3 The Executive Officer must act prudently in the a project in conjunction with any other council, con- handling of all financial transactions for the Board trolling Authority or government and in doing so may and must provide quarterly financial and corporate participate in the formation of a trust, partnership or reports to the Board, and the constituent councils. joint venture with the other body to give effect to the 14.4 The Executive Officer must ensure that the special project. provisions of the Act applicable to a controlling 12.6 The Authority may: Authority are met and in particular that the Authority’s annual report is distributed to the con- 12.6.1 appoint such staff and employees as is stituent councils in time to ensure that it can be considered necessary or expedient for the incorporated in their annual reports. proper administration and operation of the services it provides; 14.5 The Board will at the end of every financial year 12.6.2 make submissions for and accept grants, prepare a schedule of assets and liabilities. In addition subsidies and contributions to further its it will maintain a record to be known as the ‘Schedule objects and purposes, and invest any funds of of Constituent Councils Interest in Net Assets’. the Authority in any securities in which a 14.6 The ‘Schedule of Constituent Councils Interest in council may lawfully invest; Net Assets’ will reflect the proportionate contribution 12.6.3 generally carry out activities and all other each constituent council has made to the growth of things necessary or incidental to or to the net assets of the Authority having regard to the further the carrying out of its objects and proportion of contributions to the Authority’s assets purposes. in proportion according to each constituent council’s asset percentage and subscriptions. The Schedule when 12.7 The Board is authorised to adopt the audited updated at the end of each financial year will reflect Financial Statements of the Authority. the proportionate contribution of each con-stituent 13. Administrative Matters council since the commencement of the Authority 13.1 There will be an Executive Officer and a Secretary and once accepted by the Board will be evidence of of the Authority appointed by the Board on terms and the agreed proportion of a constituent council’s conditions to be determined by the Board. The interest in the net asset percentage as at 30 June in Executive Officer and the Secretary shall be one and that year. The constituent councils agree to be bound the same person unless and until the Board determines by the annual decision of the Board on this issue. that the roles require more than one person. 15. Alteration to Rules 13.2 The Executive Officer will be responsible to the 15.1 Subject to the Act, these Rules may be amended at Board: the request of a constituent council, a member of the 13.2.1 for the execution of its decisions; Board, or on the recommendation of the Executive 13.2.2 to carry out such duties as the Board may Officer by the giving of not less than two month’s direct; notice of the proposed changes to the constituent councils and members of the Board. 13.2.3 for the efficient and effective management of the operations and affairs of the 15.2 Before the constituent councils vote on a proposal Authority; to alter the Rules they must take into account the 13.2.4 for giving effect to the general management recom-mendations of the Board. objectives and principals of personnel 16. Withdrawal of a Constituent Council management prescribed by the Act. 16.1 Subject to the Act, a constituent council may with- 13.3 The Executive Officer has such powers, functions draw from the Authority by giving not less than six and duties prescribed by these Rules and as determined months notice of its intention to do so to all other necessary by the Board from time to time to ensure constituent councils and the Executive Officer. the efficient and effective management of the operations and affairs of the Authority. 16.2 In any event, a withdrawal cannot become effective until the 30th day of June following the expiry of the 13.4 The Board may employ other officers and it may six months in the preceding subrule. Until withdrawal authorise the Executive Officer to employ such other becomes effective the constituent council proposing officers on its behalf as may be required for the withdrawal from the Authority will remain liable for efficient and effective management of the operations all financial contributions in the remaining period and and affairs of the Authority. through its members and deputy members on the 13.5 The Board must annually appoint an auditor and in Board the responsibility of ensuring the continued this regard the Rules governing the appointment of an proper conduct of the affairs of the Authority. auditor and the responsibilities of an auditor under the Act shall apply to the Authority mutatis mutandis. 16.3 Upon withdrawal taking effect a constituent council will be entitled to be paid not more than 80% of the 13.6 The Board may engage professional consultants and constituent council’s interest in the net asset per- it may authorise the Executive Officer to so engage centage of the authority as determined and agreed in professional consultants to provide services to the accordance with Rule 14.6. The withdrawing con- Authority to ensure the proper execution of its stituent council will be entitled to receive that sum by quarterly instalments to be paid over a period of two years with the first instalment being due on the 1st 2474 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

day of January following the effective date of with- NOTICE TO MARINERS drawal. NO. 10 OF 1999 17. Addition of New Member South Australia—Spencer Gulf—South Neptune Island— Subject to the Act, the Board may consider the addition of a Jetty Demolished new member to the Authority. In the event that the Minister MARINERS are advised that the jetty on South Neptune Island approves the addition of a new member pursuant to Section 200 has been demolished. of the Act, then these Rules will be amended accordingly. Approximately six of the cast iron legs were not able to be 18. Dissolution of the Authority totally removed and have been cut off leaving an obstruction just 18.1 Subject to the Act, the Authority may be dissolved under the water level. by the constituent councils. This navigation hazard will be marked by a north cardinal mark 18.2 In the event of there being net assets upon buoy in the near future. dissolution and after realisation of all assets and Mariners are advised to proceed with caution in the vicinity. meeting all liabilities, the net assets will be distributed to the then constituent councils on the basis of their Navy Charts affected: Aus. 343, 345 & 444 current interest in the net assets of the Authority as Adelaide, 18 March 1999. agreed in accordance with Rule 14.6. DIANA LAIDLAW, Minister for Transport 18.3 In the event of there being an insolvency of the and Urban Planning Authority at the time of dissolution the then con- stituent councils will be responsible jointly and TSA 99/01677 severally to pay the liabilities of the Authority and between themselves in equal proportions. NOTICE TO MARINERS NOTICE TO MARINERS NO. 11 OF 1999 NO. 8 OF 1999 South Australia—Gulf St Vincent—Port Adelaide River— South Australia—Spencer Gulf—Port Bonython—Buoys Missing Towing of Devices MARINERS are advised that the No. 7 and No. 10 buoys in the Former Notice No. 2 of 1999 approaches to Port Bonython jetty have been reported missing. MARINERS are advised that commencing Monday, 15 March These buoys will be replaced by Friday, 19 March 1999. 1999, up to and including 26 April 1999, Glenelg Marine & Scuba Diving Inc. will be towing a catamaran style pontoon with Mariners are advised to proceed with caution in the vicinity. acoustic generators suspended underneath at a depth of 2 m in the Navy Charts affected: Aus. 136 & 778 Port Adelaide River. The towing will be carried out between No. 13 Beacon north of the Royal South Australian Yacht Squadron Publications affected: Australia Pilot, Volume 1 (Seventh around Pelican Point to No. 33 Beacon south of the Australian Edition 1992), page 102 Submarine Corporation site at Osborne. Adelaide, 12 March 1999. Mariners are advised to take care in the vicinity during the DIANA LAIDLAW, Minister for Transport towing operations. and Urban Planning Navy Chart affected: Aus. 137 TSA 97/13876 Local Chart affected: Port Adelaide & Approaches Adelaide, 12 March 1999. NOTICE TO MARINERS DIANA LAIDLAW, Minister for Transport NO. 9 OF 1999 and Urban Planning South Australia—River Murray—Goolwa Channel— TSA 98/06313 Murray Mouth—Navigation Hazard PCSA 99/0019 MARINERS are advised that a navigation hazard exists in the Goolwa Channel in the vicinity of the Murray Mouth. The recently installed 4 knot speed restriction sign and NOTICE TO MARINERS supporting structure has been flushed away as well as the sign NO. 12 OF 1999 warning of dangerous currents within the vicinity of the Murray Mouth. South Australia—Port Lincoln—Boston Bay—Buoys deployed The old supporting structure for the warning sign remains at MARINERS are advised that a set of three buoys have been approximate position latitude 35°33.2¢S, longitude 138°52.5¢E. deployed in Boston Bay near the north-western corner of Boston The top of the structure is just above the water level near the Island in approximate position latitude 34°41.5¢S, longitude centre of the current channel and as such presents a danger to 135°54.5¢E. navigation. The spherical buoys, which are approximately 800 mm in This structure, which has been marked by a red snag buoy, will diameter, 600 mm high and fluorescent yellow in colour, form be removed as soon as practicable. part of an acoustic tracking system for marine animals. They will remain in place for approximately three weeks. Mariners are advised to proceed with caution in the vicinity. Mariners are advised to take care in the vicinity of these buoys Local Charts affected: Lower Murray & Lower Murray and at all times. Lakes Navy Charts affected: Aus. 134, 345, 444 & 776 Adelaide, 12 March 1999. Adelaide, 18 March 1999. DIANA LAIDLAW, Minister for Transport and Urban Planning DIANA LAIDLAW, Minister for Transport and Urban Planning TSA 97/15112 PCSA 99/0002 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2475

NOTICE TO MARINERS NOTICE TO MARINERS NO. 13 OF 1999 NO. 15 OF 1999 South Australia—Gulf St Vincent—Holdfast Shores—Front Lead South Australia—Gulf St Vincent & Spencer Gulf—North Haven temporarily not operational and Boston Island—Australian Search and Rescue— Supply Dropping Exercises MARINERS are advised that commencing 6 April 1999 and for a period of approximately three months, the front lead to Glenelg BETWEEN 4 and 9 May 1999, Australian Search and Rescue will Safe Harbour, with light characteristics FBu, at approximate be conducting training exercises in supply dropping from aircraft position latitude 34°58.6¢S, longitude 138°30.6¢E, will not be in in the following locations: operation. On Tuesday, 4 May 1999, between 1000 hrs and 1630 hrs Mariners should proceed with caution in the vicinity. and on Wednesday, 5 May 1999, between 0900 hrs and 1630 hrs, the drop zone will be approximately 3 nautical miles off Navy Chart affected: Aus. 125 North Haven. Local Charts affected: Gulf St Vincent, Semaphore to On Saturday, 8 May 1999, between 1100 hrs and 1630 hrs Marino and on Sunday, 9 May 1999, between 0900 hrs and 1630 hrs, Publications affected: Australia Pilot, Volume 1 (Seventh the drop zone will be east of Boston Island. Edition, 1992), page 125 The training exercise involves dropping white and orange Admiralty List of Lights Volume K, smoke markers from an aircraft. Sea dye will also be despatched. 1998 Edition, No. 2086.2 A surface vessel will be in attendance at all times to recover Adelaide, 31 March 1999. equipment, act as communications vessel and oversight general safety in the area. DIANA LAIDLAW, Minister for Transport Mariners are advised not to proceed within one nautical mile of and Urban Planning the drop zones during these times. TSA 97/15292 Navy Charts affected: Aus. 134, 137, 345, 444, 776, 780, 781 Local Charts affected: Port Adelaide & Approaches, Gulf St NOTICE TO MARINERS Vincent NO. 14 OF 1999 Adelaide, 13 April 1999. South Australia—Gulf St Vincent—Penneshaw—Anchorage DIANA LAIDLAW, Minister for Transport Exclusion Zone and Urban Planning MARINERS are advised that, as part of the Penneshaw Water TSA 97/14415 Supply, SA Water has arranged for the installation of a seawater intake pipeline and intake structure approximately 1.5 km west NOTICE TO MARINERS of Penneshaw in approximate position latitude 35°43.15¢S, longitude 137°55.0¢E. NO. 16 OF 1999 The seawater intake structure is located approximately 220 m South Australia—Gulf St Vincent—Port Adelaide River— offshore in about 8 m of water. The intake structure is of heavy Birkenhead Bridge steel construction and is expected to stand approximately 2 m TRANSPORT SA advises that the Birkenhead Bridge will be above the seabed. The seawater intake pipe is a 280 mm outside temporarily closed from 0900 Thursday, 29 April to 0700 diameter pipe laid on the seabed for approximately the last Friday, 30 April to allow for repairs to bascule span roadway tiles, 150 m. eastern footpath and bridge centre locks. A brine discharge pipe of similar size follows the same route as Mariners are advised that any river traffic relying on the the intake pipe, but terminates at a discharge point in an area of opening of the Birkenhead bridge will be unable to pass during the open sandy bottom approximately 120 m offshore and in about closure. 3.8 m of water. Navy Charts affected: Aus. 137 Both pipelines were laid using concrete blocks at Local Charts affected: Port Adelaide & Approaches approximately 5 to 6 m intervals to ensure adequate anchoring. Adelaide, 23 April 1999. The route of the seawater intake pipe is delineated by two lead markers positioned on the shore. The front lead is located DIANA LAIDLAW, Minister for Transport approximately 250 m from the intake structure. The rear lead is and Urban Planning located approximate 40 m from the front lead. TSA 99/01794 To minimize the risk of anchors snagging the intake structure and pipeline, an anchorage exclusion zone has been established. MINING ACT 1971 Vessels are prohibited from anchoring within 30 m either side of the lead line for a distance of 250 m seaward of the front lead. NOTICE is hereby given in accordance with section 28 (5) of the Mining Act 1971, that the Minister for Primary Industries, Navy Chart affected: Aus. 345, 346, 444 & 780 Natural Resources and Regional Development proposes to grant Local Charts affected: Gulf St Vincent an Exploration Licence over the undermentioned area: Publications affected: Australia Pilot, Volume 1 (Seventh Applicant: Normandy Gold Exploration Pty Ltd Edition, 1992), pages 120 & 121 Location: Mt Monster area¾Immediately north-west of Adelaide, 13 April 1999. Bordertown, bounded as follows: Commencing at a point being the intersection of latitude 35°53¢S and longitude DIANA LAIDLAW, Minister for Transport 140°10¢E, thence east to the western boundary of Mount and Urban Planning Rescue Conservation Park, thence generally southerly, TSA 98/10704 westerly and northerly along the boundary of the said Conservation Park to a southern boundary of Ngarkat Conservation Park, thence easterly along the boundary of 2476 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

the said Conservation Park to longitude 140°30¢E, south latitude 33°20¢E, west to longitude 139°40¢E, south to to latitude 36°05¢S, east to longitude 140°35¢E, south to latitude 33°30¢S, west to longitude 139°23¢E, north to latitude 36°11¢S, east to longitude 140°37¢E, south to latitude 33°15¢S, east to longitude 139°30¢E and north to latitude 36°13¢S, east to longitude 140°40¢E, south to the point of commencement, all the within latitudes and latitude 36°20¢S, west to longitude 140°05¢E, north to longitudes being geodetic and expressed in terms of the latitude 36°05¢S, west to longitude 140°10¢E and north to Australian Geodetic Datum as defined on p. 4984 of the point of commencement, but excluding Kelvin Powrie Commonwealth Gazette number 84 dated 6 October 1966. Conservation Park, Mount Monster Conservation Park, Term: 1 year Aberdour Conservation Park, all the within latitudes and 2 longitudes being geodetic and expressed in terms of the Area in km : 2 023 Australian Geodetic Datum as defined on p. 4984 of Ref. D.M.E. No.: 008/1999 Commonwealth Gazette number 84 dated 6 October 1966. Dated 6 May 1999. Term: 1 year L. JOHNSTON, Mining Registrar Area in km2: 1 928 Ref. D.M.E. No.: 006/1999 Dated 6 May 1999. MINING ACT 1971 L. JOHNSTON, Mining Registrar NOTICE is hereby given in accordance with section 28 (5) of the Mining Act 1971, that the Minister for Primary Industries, Natural Resources and Regional Development proposes to grant an Exploration Licence over the undermentioned area: MINING ACT 1971 Applicant: Normandy Gold Exploration Pty Ltd NOTICE is hereby given in accordance with section 28 (5) of the Mining Act 1971, that the Minister for Primary Industries, Location: Redcliffe area¾Approximately 50 km east of Natural Resources and Regional Development proposes to grant Burra, bounded as follows: Commencing at a point being an Exploration Licence over the undermentioned area: the intersection of latitude 33°30¢S and longitude 139°23¢E, thence east to longitude 139°39¢E, south to Applicant: Normandy Gold Exploration Pty Ltd latitude 34°00¢S, west to longitude 139°15¢E, south to Location: Mt Charles area¾Approximately 80 km west- latitude 34°04¢S, west to longitude 139°12¢E, north to north-west of Bordertown, bounded as follows: latitude 33°41¢S, east to longitude 139°23¢E and north to Commencing at a point being the intersection of latitude the point of commencement, but excluding White Dam 36°01¢S and longitude 139°42¢E, thence east to longitude Conservation Park, all the within latitudes and longitudes 139°55¢E, south to latitude 36°05¢S, east to longitude being geodetic and expressed in terms of the Australian 140°05¢E, south to latitude 36°20¢S, east to longitude Geodetic Datum as defined on p. 4984 of Commonwealth 140°10¢E, south to latitude 36°24¢S, west to longitude Gazette number 84 dated 6 October 1966. 140°05¢E, south to latitude 36°25¢S, west to longitude Term: 1 year 140°03¢E, south to latitude 36°27¢S, west to longitude 2 139°58¢E, south to latitude 36°32¢S, west to the eastern Area in km : 1990 boundary of Coorong National Park, thence generally Ref. D.M.E. No.: 009/1999 north-westerly along the boundary of the said National Dated 6 May 1999. Park to longitude 139°44¢E, thence north to latitude 36°15¢S, west to longitude 139°43¢E, north to latitude L. JOHNSTON, Mining Registrar 36°13¢S, west to longitude 139°42¢E and north to the point of commencement, but excluding Messent Conservation Park, Martin Washpool Conservation Park and Tilley Swamp Conservation Park, all the within latitudes and MINING ACT 1971 longitudes being geodetic and expressed in terms of the NOTICE is hereby given in accordance with section 28 (5) of the Australian Geodetic Datum as defined on p. 4984 of Mining Act 1971, that the Minister for Primary Industries, Commonwealth Gazette number 84 dated 6 October 1966. Natural Resources and Regional Development proposes to grant Term: 1 year an Exploration Licence over the undermentioned area: Area in km2: 1 384 Applicant: Normandy Gold Exploration Pty Ltd Ref. D.M.E. No.: 007/1999 Location: Blanchetown area¾bounded as follows: Dated 6 May 1999. Commencing at a point being the intersection of latitude 34°00¢S and longitude 139°30¢E, thence east to longitude L. JOHNSTON, Mining Registrar 139°39¢E, south to latitude 34°38¢S, west to longitude 139°30¢E and north to the point of commencement, but excluding Roonka Conservation Park, Brookfield Conservation Park, Swan Reach Conservation Park and MINING ACT 1971 Ridley Conservation Park all the within latitudes and NOTICE is hereby given in accordance with section 28 (5) of the longitudes being geodetic and expressed in terms of the Mining Act 1971, that the Minister for Primary Industries, Australian Geodetic Datum as defined on p. 4984 of Natural Resources and Regional Development proposes to grant Commonwealth Gazette number 84 dated 6 October 1966. an Exploration Licence over the undermentioned area: Term: 1 year 2 Applicant: Normandy Gold Exploration Pty Ltd Area in km : 933 Location: Braemar area¾Approximately 80 km east-south- Ref. D.M.E. No.: 010/1999 east of Peterborough, bounded as follows: Commencing at Dated 6 May 1999. a point being the intersection of 33°00¢S and longitude 139°30¢E, thence east to longitude 140°00¢E, south to L. JOHNSTON, Mining Registrar latitude 33°10¢S, west to longitude 139°50¢E, south to 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2477

MINING ACT 1971 MINING ACT 1971 NOTICE is hereby given in accordance with section 28 (5) of the NOTICE is hereby given in accordance with section 28 (5) of the Mining Act 1971, that the Minister for Primary Industries, Mining Act 1971, that the Minister for Primary Industries, Natural Resources and Regional Development proposes to grant Natural Resources and Regional Development proposes to grant an Exploration Licence over the undermentioned area: an Exploration Licence over the undermentioned area: Applicant: Normandy Gold Exploration Pty Ltd Applicant: Normandy Gold Exploration Pty Ltd Location: Palmer area¾Approximately 50 km east-north- Location: Tauragat Hill area—Approximately 100 km east of Adelaide, bounded as follows: Commencing at a south-east of Murray Bridge, bounded as follows: point being the intersection of 34°39¢S and longitude Commencing at a point being the intersection of 35°33¢S 139°09¢E, thence east to longitude 139°10¢E, south to and longitude 139°55¢E, thence east to longitude 140°03¢E, latitude 34°44¢S, east to longitude 139°11¢E, south to south to latitude 35°40¢S, east to longitude 140°10¢E, south latitude 34°45¢S, east to longitude 139°14¢E, south to to latitude 35°50¢S, west to longitude 140°05¢E, north to latitude 34°50¢S, east to longitude 139°15¢E, south to latitude 35°45¢S, west to longitude 139°55¢E and north to latitude 35°00¢S, west to longitude 139°08¢E, north to the point of commencement, all the within latitudes and latitude 34°59¢S, west to longitude 139°07¢E, north to longitudes being geodetic and expressed in terms of the latitude 34°57¢S, west to longitude 139°04¢E, north to Australian Geodetic Datum as defined on p. 4984 of latitude 34°45¢S, west to longitude 139°03¢E, north to Commonwealth Gazette number 84 dated 6 October 1966. latitude 34°44¢S, west to longitude 139°01¢E, north to the Term: 1 year southern boundary of Kaiserstuhl Conservation Park, 2 thence generally north-easterly along the boundary of the Area in km : 435 said Conservation Park to latitude 34°35¢S, east to Ref. D.M.E. No.: 013/1999 longitude 139°15¢E, south to latitude 34°37¢S, west to Dated 6 May 1999. longitude 139°09¢E and south to the point of commencement, all the within latitudes and longitudes are L. JOHNSTON, Mining Registrar geodetic and expressed in terms of the Australian Geodetic Datum as defined on p. 4984 of Commonwealth Gazette number 84 dated 6 October 1966. Term: 1 year MINING ACT 1971 Area in km2: 696 NOTICE is hereby given in accordance with section 28 (5) of the Ref. D.M.E. No.: 011/1999 Mining Act 1971, that the Minister for Primary Industries, Dated 6 June 1999. Natural Resources and Regional Development proposes to grant an Exploration Licence over the undermentioned area: L. JOHNSTON, Mining Registrar Applicant: Normandy Gold Exploration Pty Ltd Location: Oratan Rock area¾Approximately 40 km south- MINING ACT 1971 east of Yunta, bounded as follows: Commencing at a point NOTICE is hereby given in accordance with section 28 (5) of the being the intersection of 32°45¢S and longitude 139°30¢E, Mining Act 1971, that the Minister for Primary Industries, thence east to longitude 140°00¢E, south to latitude Natural Resources and Regional Development proposes to grant 33°00¢S, west to longitude 139°36¢E, north to latitude an Exploration Licence over the undermentioned area: 32°57¢S, east to longitude 139°42¢E, north to latitude 32°54¢S, east to longitude 139°43¢E, north to latitude Applicant: Normandy Gold Exploration Pty Ltd 32°49¢S, west to longitude 139°37¢E, north to latitude Location: Tailem Bend area—bounded as follows: 32°47¢S, west to longitude 139°30¢E and north to the point Commencing at a point being the intersection of 35°09¢S of commencement, all the within latitudes and longitudes and longitude 139°22¢E, thence east to longitude 139°35¢E, being geodetic and expressed in terms of the Australian south to latitude 35°11¢S east to longitude 139°40¢E, south Geodetic Datum as defined on p. 4984 of Commonwealth to latitude 35°13¢S, east to longitude 139°45¢E, south to Gazette number 84 dated 6 October 1966. latitude 35°15¢S, east to longitude 139°51¢E, south to Term: 1 year latitude 35°30¢S, west to longitude 139°22¢E and and north 2 to the point of commencement, all the within latitudes Area in km : 913 and longitudes being geodetic and expressed in terms of the Ref. D.M.E. No.: 016/1999 Australian Geodetic Datum as defined on p. 4984 of Dated 6 May 1999. Commonwealth Gazette number 84 dated 6 October 1966. L. JOHNSTON, Mining Registrar Term: 1 year Area in km2: 1 520 Ref. D.M.E. No.: 012/1999 Dated 6 May 1999. L. JOHNSTON, Mining Registrar 2478 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

GRANT OF PETROLEUM PRODUCTION LICENCE Department of Primary Industries and Resources, 21 April 1999 NOTICE is hereby given that pursuant to delegated powers dated 20 November 1997, Gazetted 4 December 1997, page 1526, the undermentioned Petroleum Production Licence has been granted under the provisions of the Petroleum Act 1940. D. R. MUTTON, Chief Executive, Delegate of the Minister for Primary Industries, Natural Resources and Regional Development

No. of Licensees Locality Date of Area in Reference Licence Expiry km2 129 Santos Ltd Thurakinna (South) Field in the 20 April 2020 0.64 SR.28.1.281 Delhi Petroleum Pty Ltd Cooper Basin of South Australia Boral Energy Resources Ltd Vamgas Pty Ltd Gulf (Aust.) Resources NL Alliance Petroleum Australia Pty Ltd Reef Oil Pty Ltd Santos Petroleum Pty Ltd Bridge Oil Developments Pty Ltd Santos (BOL) Pty Ltd Basin Oil NL

Description of the Area All that part of the State of South Australia, bounded as follows: commencing at a point being the intersection of latitude 28°26¢40²S and longitude 139°59¢50²E, thence east to longitude 140°00¢00²E, south to latitude 28°27¢00²S, east to longitude 140°00¢40²E, north to latitude 28°26¢50²S, east to longitude 140°00¢50²E, south to latitude 28°27¢00²S, west to longitude 140°00¢45²E, south to latitude 28°27¢10²S, west to longitude 140°00¢40²E, south to latitude 28°27¢15²S, west to longitude 140°00¢20²E, north to latitude 28°27¢10²S, west to longitude 140°00¢10²E, north to latitude 28°27¢05²S, west to longitude 139°59¢55²E, north to latitude 28°26¢50²S, west to longitude 139°59¢50²E, and north to the point of commencement, all the within latitudes and longitudes being geodetic and expressed in terms of the Australian Geodetic Datum as defined on p. 4984 of Commonwealth Gazette number 84 dated 6 October 1966.

GRANT OF PETROLEUM PRODUCTION LICENCE Department of Primary Industries and Resources, 21 April 1999 NOTICE is hereby given that pursuant to delegated powers dated 20 November 1997, Gazetted 4 December 1997, page 1526, the undermentioned Petroleum Production Licence has been granted under the provisions of the Petroleum Act 1940. D. R. MUTTON, Chief Executive, Delegate of the Minister for Primary Industries, Natural Resources and Regional Development

No. of Licensees Locality Date of Area in Reference Licence Expiry km2 130 Santos Ltd Thurakinna (East) Field in the 20 April 2020 0.61 SR.28.1.289 Delhi Petroleum Pty Ltd Cooper Basin of South Australia Boral Energy Resources Ltd Vamgas Pty Ltd Gulf (Aust.) Resources NL Alliance Petroleum Australia Pty Ltd Reef Oil Pty Ltd Santos Petroleum Pty Ltd Bridge Oil Developments Pty Ltd Santos (BOL) Pty Ltd Basin Oil NL

Description of the Area All that part of the State of South Australia, bounded as follows: commencing at a point being the intersection of latitude 28°25¢50²S and longitude 140°01¢30²E, thence east to longitude 140°02¢00²E, south to latitude 28°26¢15²S, west to longitude 140°01¢55²E, south to latitude 28°26¢20²S, west to longitude 140°01¢50²E, south to latitude 28°26¢25²S, west to longitude 140°01¢40²E, north to latitude 28°26¢00²S, west to longitude 140°01¢30²E, and north to the point of commencement, all the within latitudes and longitudes being geodetic and expressed in terms of the Australian Geodetic Datum as defined on p. 4984 of Commonwealth Gazette number 84 dated 6 October 1966. 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2479

GRANT OF PETROLEUM PRODUCTION LICENCE Department of Primary Industries and Resources, 21 April 1999 NOTICE is hereby given that pursuant to delegated powers dated 20 November 1997, Gazetted 4 December 1997, page 1526, the undermentioned Petroleum Production Licence has been granted under the provisions of the Petroleum Act 1940. D. R. MUTTON, Chief Executive, Delegate of the Minister for Primary Industries, Natural Resources and Regional Development

No. of Licensees Locality Date of Area in Reference Licence Expiry km2 131 Santos Ltd Coonatie Field in the Cooper 20 April 2020 39.85 SR.28.1.249 Delhi Petroleum Pty Ltd Basin of South Australia Boral Energy Resources Ltd Vamgas Pty Ltd Gulf (Aust.) Resources NL

Description of the Area All that part of the State of South Australia, bounded as follows: commencing at a point being the intersection of latitude 27°26¢10²S and longitude 140°19¢50²E, thence east to longitude 140°21¢50²E, south to latitude 27°29¢40²S, west to longitude 140°21¢00²E, south to latitude 27°30¢20²S, west to longitude 140°20¢00²E, south to latitude 27°30¢40²S, west to longitude 140°18¢20²E, north to latitude 27°27¢20²S, east to longitude 140°19¢00²E, north to latitude 27°27¢00²S, east to longitude 140°19¢50²E, and north to the point of commencement, all the within latitudes and longitudes being geodetic and expressed in terms of the Australian Geodetic Datum as defined on p. 4984 of Commonwealth Gazette number 84 dated 6 October 1966.

ROADS (OPENING AND CLOSING) ACT 1991: 2. Portion of the public road dividing section 27 from SECTION 24 section 28 more particularly delineated and lettered ‘C’, in NOTICE OF CONFIRMATION OF ROAD Preliminary Plan No. PP32/0130 be closed. PROCESS ORDER 3. The whole of the land subject to closure be transferred to BRIAN THOMAS MAYFIELD ASHBY, SIMON JAMES Green Valley Road/Valleyview Crescent, Norton Summit THOMAS ASHBY and CHARLES BRIAN THOMAS ASHBY Deposited Plan 51059 in accordance with agreement for exchange dated 24 April BY Road Process Order made on 12 March 1999, the Adelaide 1998, entered into between The Coorong District Council and Hills Council ordered that: B. T. M. Ashby, S. J. T. Ashby and C. B. T. Ashby. 1. Portion of allotment 72 in Filed Plan 130326 abutting On 26 May 1998, that order was confirmed by the Minister for Valleyview Crescent, more particularly delineated and Administrative Services conditionally on approval and deposit of numbered ‘1’ in Preliminary Plan No. PP32/0234 be opened as the survey plan by the Registrar-General. The condition has now road. been fulfilled. 2. Portion of the public road (Green Valley Road) adjoining Pursuant to section 24(5) of the Roads (Opening and Closing) the north-eastern boundary of allotment 72 in Filed Plan Act 1991, NOTICE of the order referred to above and its 130326 more particularly delineated and lettered ‘A’, in confirmation is hereby given. Preliminary Plan No. PP32/0234 be closed. Dated 6 May 1999. 3. The whole of the land subject to closure be transferred to PASQUALE ALFREDO FOTI and MARIA CHRISTINA FOTI P. M. KENTISH, Surveyor-General in accordance with agreement for exchange dated 5 February 1999, entered into between the Adelaide Hills Council and P. ROADS (OPENING AND CLOSING) ACT 1991 A. Foti and M. C. Foti. On 22 March 1999, that order was confirmed by the Minister Road Closure—Leason Street, Grange for Administrative Services conditionally on approval and deposit NOTICE is hereby given, pursuant to section 10 of the Roads of the survey plan by the Registrar-General. The condition has (Opening and Closing) Act 1991, that the CITY OF CHARLES now been fulfilled. STURT proposes to make a Road Process Order to close and transfer to Belahville Pty Ltd, Luigi Cataudo and Giuseppe Del Pursuant to section 24(5) of the Roads (Opening and Closing) Giglio portions of the public road (Leason Street) adjoining Act 1991, NOTICE of the order referred to above and its allotment 54 in Filed Plan 113736 and Allotment 1 in Filed Plan confirmation is hereby given. 109017, more particularly delineated and lettered ‘F’, ‘G’, ‘H’ Dated 6 May 1999. and ‘M’ in the Preliminary Plan No. PP32/0444. P. M. KENTISH, Surveyor-General Subject to easements to SA Water and the ETSA Corporation. A copy of the plan and a statement of persons affected are ROADS (OPENING AND CLOSING) ACT 1991: available for public inspection at the office of the Council at 72 SECTION 24 Woodville Road, Woodville, S.A. 5011 and the Adelaide Office of the Surveyor-General during normal office hours. NOTICE OF CONFIRMATION OF ROAD PROCESS ORDER Any application for easement or objection must set out the full name, address and details of the submission and must be fully Public Road adjacent Section 27, Hundred of Coneybeer supported by reasons. Deposited Plan 50068 The application for easement or objection must be made in BY Road Process Order made on 24 April 1998, The Coorong writing to the Council at P.O. Box 1, Woodville, S.A. 5011, District Council (formerly The District Council of Coonalpyn WITHIN 28 DAYS OF THIS NOTICE and a copy must be Downs) ordered that: forwarded to the Surveyor-General at G.P.O. Box 1354, Adelaide, 1. Portion of section 28, intersecting the south-eastern S.A. 5001. Where a submission is made, the Council will give boundary of the said section 28 and portion of section 26 notification of a meeting at which the matter will be considered. situated on the north-eastern boundary of the said section 26, Dated 6 May 1999. more particularly delineated and numbered ‘3’ and ‘4’ (respectively) in Preliminary Plan No. PP32/0130 be opened P. M. KENTISH, Surveyor-General as road. 2480 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

SOIL CONSERVATION AND LAND CARE ACT 1989 ROADS (OPENING AND CLOSING) ACT 1991 Appointments PURSUANT to the provisions of section 11 of the Soil Road Closure—Chapel Street, Hindmarsh Conservation and Land Care Act 1989, I hereby appoint the NOTICE is hereby given, pursuant to section 10 of the Roads following persons as Authorised Officers for the whole of South (Opening and Closing) Act 1991, that the CITY OF CHARLES Australia: STURT proposes to make a Road Process Order to close and David Andrew Creeper transfer to David Davis Guerin, Lilian Davis Guerin and Michael David Rowan Davenport Davis Guerin portion of the public road (Chapel Street) adjoining William John Davies allotment 67 on Filed Plan 120086, as more particularly Lynette Grace Dohle delineated and lettered ‘A’ on Preliminary Plan No. PP32/0442. Giles Ross Forward A copy of the plan and a statement of persons affected are Timothy Neil Herrmann available for public inspection at the office of the Council at 72 Dale Colin Lewis Woodville Road, Woodville, S.A. 5011 and the Adelaide Office of John Douglas McFarlane the Surveyor-General during normal office hours. David James Powell Any application for easement or objection must set out the full Christopher Lloyd Rudd name, address and details of the submission and must be fully David Andrew Woodard supported by reasons. Mary-Anne Young The application for easement or objection must be made in to be appointed for the purposes of the said Act. writing to the Council at P.O. Box 1, Woodville, S.A. 5011, These appointments are effective from 1 April 1999. WITHIN 28 DAYS OF THIS NOTICE and a copy must be Dated 30 March 1999. forwarded to the Surveyor-General at G.P.O. Box 1354, Adelaide, S.A. 5001. Where a submission is made, the Council will give ROB KERIN, Deputy Premier, Minister for notification of a meeting at which the matter will be considered. Primary Industries, Natural Resources and Regional Development. Dated 6 May 1999. P. M. KENTISH, Surveyor-General WATER MAINS AND SEWERS SOIL CONSERVATION AND LAND CARE ACT 1989 Office of the South Australian Water Corporation Adelaide, 6 May 1999. Appointment I, ROBERT GERARD KERIN, Deputy Premier, Minister for Primary Industries, Natural Resources and Regional Develop- WATER MAINS LAID ment in the State of South Australia to whom the administration of the Soil Conservation and Land Care Act 1989, has been Notice is hereby given that the following main pipes or parts of committed, do hereby appoint the following person as a member main pipes have been laid down by the South Australian Water of the North East Pastoral Soil Conservation Board, pursuant to Corporation in or near the undermentioned water districts and are section 24 of the Act until 31 January 2000: now available for a constant supply of water to adjacent land. Langdon Eric Badger ADELAIDE WATER DISTRICT Dated 4 May 1999. ROB KERIN, Deputy Premier, Minister for CITY OF CHARLES STURT Primary Industries, Natural Resources and The Circuit, Findon. p16 and 17 Regional Development. Easement in reserve (lot 42), The Circuit, Findon. p16

CITY OF HOLDFAST BAY SOIL CONSERVATION AND LAND CARE ACT 1989 Peterson Street, Somerton Park. p8 Appointments I, ROBERT GERARD KERIN, Deputy Premier, Minister for DISTRICT OF MOUNT BARKER Primary Industries, Natural Resources and Regional Develop- Burnbank Way, Mount Barker. p18 ment in the State of South Australia to whom the administration Stokes Court, Mount Barker. p18 of the Soil Conservation and Land Care Act 1989, has been Tremayne Drive, Mount Barker. p18 and 19 committed, do hereby appoint the following people as members of the Northern Flinders Ranges Soil Conservation Board, pursuant to section 24 of the Act until 30 June 2000: CITY OF PORT ADELAIDE ENFIELD Ruby Court, Ottoway. p15 Donald Philip Fels Milburn Street, Ottoway. p15 Roger Wayne Johnson Prospect Road, Kilburn. p26 and 27 Dated 4 May 1999. Florence Avenue, Blair Athol. p26 Stone Street, Blair Athol. p26 and 27 ROB KERIN, Deputy Premier, Minister for Primary Industries, Natural Resources and Regional Development. CITY OF SALISBURY Winchester Street, Salisbury East. p5 Brazil Drive, Paralowie. p6 Santander Drive, Paralowie. p6 Padilla Street, Paralowie. p6

BORDERTOWN WATER DISTRICT

DISTRICT OF TATIARA Thomas Court, Bordertown. p1 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2481

GOOLWA WATER DISTRICT CITY OF HOLDFAST BAY Read Street, North Brighton. FB 1079 p6 DISTRICT OF ALEXANDRINA COUNCIL Peterson Street, Somerton Park. FB 1079 p7 Knight Street, Goolwa Beach. p7 CITY OF MARION MYPONGA WATER DISTRICT Easement in lots 62 and 61, The Esplanade, Hallett Cove. FB 1079 p8 DISTRICT OF YANKALILLA The Way, Normanville. p3 Hunt Drive, Normanville. p3 and 4 CITY OF PORT ADELAIDE ENFIELD Mitchell Heights, Normanville. p4 Ruby Court, Ottoway. FB 1030 p56 Easements in lot 102, Hunt Drive, Normanville. p3 Milburn Street, Ottoway. FB 1030 p56 Way Street, Kilburn. FB 1073 p31 Prospect Road, Blair Athol. FB 1073 p31 STREAKY BAY WATER DISTRICT Florence Avenue, Blair Athol. FB 1073 p30 DISTRICT OF STREAKY BAY Redding Road, Streaky Bay. p2 CITY OF SALISBURY McCormack Way, Streaky Bay. p2 Easement in lot 1145, Brazil Drive, Paralowie. FB 1073 p32 and 33 Brazil Drive, Paralowie. FB 1073 p32 and 33 WHYALLA WATER DISTRICT Padilla Street, Paralowie. FB 1073 p32 and 33 Santander Drive, Paralowie. FB 1073 p32 and 33 CITY OF WHYALLA Dalziel Street, Whyalla Playford. p12 Bradford Street, Whyalla Playford. p12 BALHANNAH COUNTRY DRAINAGE AREA Easement in lot 6916, Nicolson Avenue, Whyalla Playford. p12 Nicolson Avenue, Whyalla Playford. p12 DISTRICT OF ADELAIDE HILLS COUNCIL McIntosh Street, Whyalla Playford. p13 Easements in lot 3, Onkaparinga Valley Road and lot 3, Glebe Public utility reserves (lots 6970 and 6973) south of lots 1802 Road, Balhannah. FB 1058 p44 and 2275, McIntosh Street, Whyalla Playford. p13 Public utility reserves (lots 6965 and 6964) south of lot 1883 and east of lots 1883-1996, Norrie Avenue, Whyalla Playford. p14 MOUNT GAMBIER COUNTRY DRAINAGE AREA CITY OF MOUNT GAMBIER WATER MAINS ABANDONED Fidler Street, Mount Gambier. FB 1066 p45 Notice is hereby given that the undermentioned water mains have been abandoned by the South Australian Water Corporation. MURRAY BRIDGE COUNTRY DRAINAGE AREA ADELAIDE WATER DISTRICT RURAL CITY OF MURRAY BRIDGE Hill Street, Murray Bridge. FB 1062 p18 CITY OF PORT ADELAIDE ENFIELD Ritter Street, Murray Bridge. FB 1062 p18 Prospect Road, Kilburn. p26 and 27 Florence Avenue, Blair Athol. p26 Stone Street, Blair Athol. p26 and 27 WHYALLA COUNTRY DRAINAGE AREA CITY OF WHYALLA WHYALLA WATER DISTRICT Ring Street, Whyalla Norrie. FB 1073 p29 CITY OF WHYALLA Dalziel Street, Whyalla Playford. p12 SEWERS ABANDONED Bradford Street, Whyalla Playford. p12 Easement in lot 1925, Wilsdon Street, Whyalla Playford. p12 Notice is hereby given that the undermentioned sewers have been Nicolson Avenue, Whyalla Playford. p12 abandoned by the South Australian Water Corporation. McIntosh Street, Whyalla Playford. p13 Public utility reserves (lots 6970 and 6973) south of lots 1802 ADELAIDE DRAINAGE AREA and 2275, McIntosh Street, Whyalla Playford. p13 Public utility reserves (lots 6965 and 6964) south of lot 1883 and CITY OF MARION east of lots 1883-1996, Norrie Avenue, Whyalla Playford. p14 The Esplanade, Hallett Cove. FB 1079 p8

SEWERS LAID CITY OF PORT ADELAIDE ENFIELD Way Street, Kilburn. FB 1073 p31 Notice is hereby given that the following sewers have been laid Prospect Road, Blair Athol. FB 1073 p31 down by the South Australian Water Corporation in the Florence Avenue, Blair Athol. FB 1073 p30 undermentioned drainage areas and are now available for house Stone Street, Blair Athol. FB 1073 p30 connections. H. LACY, Acting Chief Executive, South ADELAIDE DRAINAGE AREA Australian Water Corporation CITY OF CHARLES STURT The Circuit, Findon. FB 1030 p57 and 58 2482 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2483 2484 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2485 2486 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

REGULATIONS UNDER THE BUILDING WORK CONTRACTORS ACT 1995 No. 33 of 1999 At the Executive Council Office at Adelaide 6 May 1999

PURSUANT to the Building Work Contractors Act 1995 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 Minister for Consumer Affairs SUMMARY OF PROVISIONS 1. Citation 2. Commencement 3. Variation of reg. 6 Citation 1. The Building Work Contractors Regulations 1996 (see Gazette 23 May 1996 p. 2547), 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. 6 3. Regulation 6 of the principal regulations is varied—

(a) by striking out from subregulation (1) "a plumbing contractor,";

(b) by inserting after subregulation (1) the following subregulation:

(1a) A person who is authorised by licence under the Plumbers, Gas Fitters and Electricians Act 1995 to carry on business as a plumbing contractor is exempt from the requirement to be licensed under Part 2 of the Act as a building work contractor subject to the condition that any building work performed by the person is limited—

(a) to work authorised by the person's licence under the Plumbers, Gas Fitters and Electricians Act 1995; or

(b) if the person's licence under the Plumbers, Gas Fitters and Electricians Act 1995 is not subject to conditions limiting the work that may be performed under the authority of the licence—to minor roof plumbing work.; 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2487

(c) by inserting after subregulation (7) the following subregulations:

(8) In this regulation—

"minor roof plumbing work" means building work connected with the installation, renovation, replacement, alteration, repair or maintenance of flashings, guttering, downpipes, roof flashings or roof coverings on a building, where the cost of the work is less than $3 000.

(9) For the purposes of subregulation (8)—

(a) the cost of roof plumbing work is to be determined as if—

(i) the work were performed under a contract between the plumbing contractor and another person; and

(ii) the contract included the supply by the plumbing contractor of all materials necessary for the work; and

(b) if a plumbing contractor and a person make an arrangement under which roof plumbing work at a site is to be performed in stages by the contractor, the cost of the roof plumbing work will be the sum of the cost of the work performed at each stage.

OCBA 5/98 CS E. D. WILSON Clerk of the Council 2488 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

REGULATIONS UNDER THE LIQUOR LICENSING ACT 1997 No. 34 of 1999 At the Executive Council Office at Adelaide 6 May 1999

PURSUANT to the Liquor Licensing Act 1997 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 Minister for Consumer Affairs SUMMARY OF PROVISIONS 1. Citation 2. Commencement 3. Variation of Sched. 1—Long Term Dry Areas Citation 1. The Liquor Licensing (Dry Areas—Long Term) Regulations 1997 (see Gazette 6 November 1997 p. 1217), 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. 1—Long Term Dry Areas 3. Schedule 1 of the principal regulations is varied by striking out "1 May 1999" from the column headed "Period" in the item headed "Coober Pedy—Area 1" and substituting "1 May 2000".

LL 3/96 CS E. D. WILSON Clerk of the Council 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2489 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 2490 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

CITY OF CHARLES STURT COORONG DISTRICT COUNCIL Temporary Road/Carpark Closure Appointment NOTICE is hereby given that pursuant to section 359 of the NOTICE is hereby given that council has appointed Rhona Local Government Act 1934, as amended, council has resolved Parker-Benton as a Fire Permit Issuing Officer in accordance with that the following council carpark be closed to traffic from 1 a.m. the provisions of the Country Fires Act 1989. on Thursday, 13 May 1999 until 6 p.m. on Sunday, 16 May W. R. PATERSON, Chief Executive Officer 1999, for the 1999 Australian IRB Championships: Seaview Road, West Beach, the entire council carpark immediately adjacent to and south of the West Beach Surf KANGAROO ISLAND COUNCIL Life Saving Club. Appointments S. LAW, Chief Executive Officer NOTICE is hereby given that at a council meeting held on 3 March 1999 it was resolved: CITY OF PORT ADELAIDE ENFIELD (a) Pursuant to section 27 of the Dog and Cat Management Act 1995 to appoint Quentin John Mitchell as a Dog DEVELOPMENT ACT 1993 Management Officer effective from 16 February 1999 vice Local Heritage and Historic Conservation Policy Areas Plan Peter John Broughill resigned. Amendment Report for Public Consultation (b) Pursuant to section 68 of the Dog and Cat Management THE City of Port Adelaide Enfield has prepared a draft Plan Act 1995 to appoint Quentin John Mitchell as a Cat Amendment Report to amend the City of Port Adelaide Enfield Management Officer effective from 16 February 1999 vice Development Plan as it affects land throughout the Council area. Peter John Broughill resigned. The Plan Amendment Report will amend the Development (c) Pursuant to Division VI of Part VI of the Local Plan by introducing Objectives and Principles to address the Government Act 1934, as amended, to appoint Quentin retention and conservation of identified areas and places of local John Mitchell as an Authorised Officer effective from 16 heritage significance. It is also intended to encourage sensitive February 1999 vice Peter John Broughill resigned. redevelopment in these areas to ensure the retention of their Notice is hereby given that at its meeting held on 7 April heritage qualities. 1999, council resolved: The draft Plan Amendment Report and Statement are available (a) Pursuant to section 82 of the Local Government Act for public inspection during normal office hours at Planning SA, 1934, as amended, to appoint Rodney Wayne Ashenden as Level 5, 136 North Terrace, Adelaide; Enfield Library—Council an Authorised Officer with powers as defined under that Office, Kensington Crescent, Enfield; Greenacres Library— Act effective from 19 April 1999 vice Donald MacKenzie Council Office, 2 Fosters Road, Greenacres; Parks Library— resigned. Council Office, Cowan Street, Angle Park; Port Adelaide Library, Church Street, Port Adelaide; or Semaphore Library, Semaphore (b) Pursuant to section 27 of the Dog and Cat Management Road, Semaphore. It can also be viewed or purchased from the Act 1995, to appoint Rodney Wayne Ashenden as an City of Port Adelaide Enfield during normal business hours at 163 Authorised Officer with powers as defined under that Act St Vincent Street, Port Adelaide. The Plan will be on display from effective from 19 April 1999 vice Donald MacKenzie Thursday, 6 May 1999 until Thursday, 8 July 1999 and can be resigned. purchased for $15 a copy. (c) Pursuant to section 68 of the Dog and Cat Management Council will also be holding three community information Act 1995, to appoint Rodney Wayne Ashenden as an sessions regarding the Plan Amendment at the following times Authorised Officer with powers as defined under that Act and locations: effective from 19 April 1999 vice Donald MacKenzie resigned. • Thursday, 27 May 1999, at 7 p.m. in the Kilburn Community Centre, 59 Gladstone Avenue, Kilburn. (d) Pursuant to section 4 (1) of the Impounding Act 1920, to appoint Rodney Wayne Ashenden as an Authorised • Thursday, 3 June 1999, at 7 p.m. in the Port Adelaide Officer with powers as defined under that Act effective Enfield Town Hall, 34 Nile Street, Port Adelaide. from 19 April 1999 vice Donald MacKenzie resigned. • Thursday, 17 June 1999, at 7 p.m. in the Hillcrest (e) That Rodney Wayne Ashenden be authorised to prosecute Community Centre, Queensborough Avenue, Hillcrest. on council’s behalf for offences that may be prosecuted Persons interested in making submissions regarding the draft under the Expiation of Offences Act 1996, in particular: amendment for consideration by council should do so by 5 p.m. (i) Local Government Act 1934 (Parking Regulations); on Thursday, 8 July 1999. All submissions should be addressed to the Chief Executive Officer, City of Port Adelaide Enfield, P.O. (ii) Local Government Act 1934 (Part XLIA); Box 110, Port Adelaide, S.A. 5015 and should clearly indicate (iii) Dog and Cat Management Act 1995; whether you wish to be heard in support of your submission. (iv) Other matters covered by council by laws, Submissions received will be available for inspection at the Council Offices, 163 St Vincent Street, Port Adelaide from vice Donald MacKenzie resigned. Friday, 9 July 1999 to Wednesday, 14 July 1999. B. C. HURST, Chief Executive Officer A public hearing will commence at the City of Port Adelaide Enfield Council Chamber, 62 Commercial Road, Port Adelaide commencing at 7 p.m. on Wednesday, 14 July 1999, provided DISTRICT COUNCIL OF MOUNT BARKER that at least one submission indicates an interest in being heard by Exclusion of Heavy Vehicles council. All interested persons are welcome to attend and give their opinion on the Plan Amendment Report and the NOTICE is hereby given that the council, pursuant to section submissions. 359 of the Local Government Act 1934, as amended, has resolved to exclude all classes of semi-trailers and truck and trailer Dated 6 May 1999. vehicles from Balhannah Road, Hahndorf. M. MCSHANE, Acting Chief Executive Officer D. H. GOLLAN, Chief Executive Officer 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2491

NORTHERN AREAS COUNCIL IN the matter of the estates of the undermentioned deceased persons: Declaration of Public Road NOTICE is hereby given that at the meeting of the Northern Bryden, Jean Thelma, late of 695 Lower North East Road, Areas Council held on 20 April 1999, the following resolution Paradise, of no occupation, who died on 1 April 1999. was passed: Bryson, Dean Leslie, late of 15 Talisker Court, Greenwith, retired police officer, who died on 20 March 1999. That pursuant to section 303 (1) (a) of the Local Chalklen, Alison Mary, late of 114 Norton Summit Road, Government Act 1934, as amended, the land contained in Teringie, physiotherapist, who died on 3 March 1998. certificate of title volume 1544, folio 162, being allotments De Gennaro, Porzia, late of 524 Magill Road, Magill, of no 103 and 104, Hundred of Bundaleer, in Filed Plan 213937 be occupation, who died on 4 April 1999. declared as a public road. Ellis, Audrey May, late of 14 Wodonga Street, Beverley, home P. A. McINERNEY, Chief Executive Officer duties, who died on 3 April 1999. Hill, John, late of Ethelbert Square, Brompton, retired builder, who died on 26 March 1999. DISTRICT COUNCIL OF STREAKY BAY Howe, Ada Ruby Constance, late of 39 Fisher Street, Myrtle Bank, widow, who died on 23 March 1999. Roads (Opening and Closing) Act 1991 Keane, Morva Madge, late of 14 Edward Street, Burwood, NOTICE is hereby given, pursuant to section 10 of the Roads Victoria, of no occupation, who died on 11 February 1999. (Opening and Closing) Act 1991, that the District Council of Newey, Lawrence John, late of 26 Noolan Street, Mount Streaky Bay proposes to make a road process order to close and Gambier, retired timber worker, who died on 10 March vest in the Crown portions of the public roads situated adjacent to 1999. sections 89, 115 and 117 in the Hundred of Rounsevell more Oaten, Jack Clifton, late of 9 Fraser Street, Lower Mitcham, particularly delineated and marked ‘A’, ‘B’, ‘C’, ‘D’, ‘E’, ‘F’ and retired fitter, who died on 22 February 1999. ‘G’ on the Preliminary Plan No. PP32/0423, (‘G’ to merge with Richardson, Clement Herbert, late of Peterson Street, CL 475/49). Somerton Park, retired manufacturing manager, who died on 24 March 1999. A copy of the plan and a statement of persons affected are Shirley, Grace Llanowlee, late of 4 Broadbent Terrace, available for public inspection at the offices of the District Whyalla, home duties, who died on 18 March 1999. Council of Streaky Bay, 29 Alfred Terrace, Streaky Bay, S.A. Stow, Phyllis Mona Jean, late of Peko Road, Tennant Creek, 5680, and the Adelaide office of the Surveyor-General during Northern Territory, of no occupation, who died on 10 normal office hours. February 1999. Any application for easement or objection must set out the full Weightman, Joyce Lillian, late of 213 Woodford Road, name, address and details of the submission and must be fully Elizabeth North, home duties, who died on 22 March supported by reasons. 1999. The application for easement or objection must be made in Notice is hereby given pursuant to the Trustee Act 1936, as writing to the council at P.O. Box 179, Streaky Bay, S.A. 5680 amended, the Inheritance (Family Provision) Act 1972, and the within 28 days of the date of this notice and a copy must be Family Relationships Act 1975, that all creditors, beneficiaries, forwarded to the Surveyor-General at G.P.O. Box 1354, Adelaide, and other persons having claims against the said estates are S.A. 5001. Where a submission is made, the council will give required to send, in writing, to the Public Trustee, 25 Franklin notification of a meeting at which the matter will be considered. Street, Adelaide, S.A. 5000, full particulars and proof of such claims, on or before 4 June 1999, otherwise they will be excluded Dated 6 May 1999. from the distribution of the said estate; and notice is also hereby D. J. LANE, District Clerk given that all persons who are indebted to the said estates are required to pay the amount of their debts to the Public Trustee or proceedings will be taken for the recovery thereof; and all WAKEFIELD REGIONAL COUNCIL persons having any property belonging to the said estates are Periodical Review of Elector Representation forthwith to deliver the same to the Public Trustee. NOTICE is hereby given that, pursuant to the provisions of Dated 6 May 1999. section 24 (3) of the Local Government Act 1934, as amended, J. H. WORRALL, Public Trustee the Wakefield Regional Council is to carry out a review to determine whether a change of arrangements in respect to elector representation, including ward boundaries and the composition of council, will result in the electors of the district being more fairly represented. IN the matter of the estates of the undermentioned deceased Information regarding the nature of the periodical review is persons: available during opening hours from: Bassham, John Howard, late of Lot 21, Main Street, Port Principal Office Snowtown Branch Parham, retired farmer, who died on 5 August 1998. 10 Edith Terrace 15 Railway Terrace East McCarthy, Shirley Morton, late of Unit 6, Walford Park Lodge, Balaklava Snowtown 16 Commercial Road, Hyde Park, widow, who died on 17 Ph: 8862 1811 Ph: 8865 2010 April 1999. McCarthy, Olive Ailsa, late of Valley View Nursing Home, 66 Written submissions are invited from interested persons from Nelson Road, Valley View, widow, who died on 1 April Friday, 7 May 1999 and should be directed to the Chief Executive 1999. Officer, Wakefield Regional Council, 10 Edith Terrace, Senior, Millicent, late of 20 Lockerly Street, Elizabeth Vale, Balaklava, S.A. 5461 to be received before 5 p.m. on Friday, 18 home duties, who died on 9 April 1999. June 1999. Sellars, Philip Murray, late of 20 Norseman Avenue, Any person making a written submission will also be invited to Westbourne Park, retired company director, who died on appear before a meeting of council to be heard in respect of their 16 October 1998. submissions. Shillabeer, Eric, late of 49 Hodgeman Road, Pennington, retired clerk, who died on 30 March 1999. P. J. BARRY, Chief Executive Officer 2492 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

Williamson, Edith May, late of 99 Queen Street, Alberton, SOUTH AUSTRALIA—In the Supreme Court. No. 696 of 1998. home duties, who died on 31 August 1998. In the matter of Leisure Time Enterprises Pty Ltd (in liquidation) Wilson, Osmond Leonard, late of Unit 6, 6 Barr-Smith Avenue, (ACN 007 850 624) and in the matter of the Corporations Law. Myrtle Bank, retired manager, who died on 2 April 1999. Notice by a Liquidator of His Intention to Seek His Release and Notice is hereby given pursuant to the Trustee Act 1936, as Dissolution of the Company amended, the Inheritance (Family Provision) Act 1972-1975, Take notice that I, John Sheahan, Level 8, 26 Flinders Street, and the Family Relationships Act 1975, that all creditors, Adelaide, S.A. 5000, the liquidator of the abovenamed company, beneficiaries, and other persons having claims against the intend to make application to the Supreme Court of South abovenamed estates are directed to send full particulars of such Australia for my release as the liquidator and dissolution of the claims to the undersigned on or before 27 May 1999 otherwise abovenamed company. they will be excluded from the distribution of the said estate. And take further notice that if you have any objection to the Dated 29 April 1999. granting of my release and dissolution of the company you must IOOF AUSTRALIA TRUSTEES LIMITED (ACN file at the Supreme Court and also forward to me, within 21 days 007 870 644) AND BAGOT’S EXECUTOR of the publication in the Gazette of the notice of my intention to AND TRUSTEE COMPANY LIMITED (ACN apply for a release and dissolution of the company, a notice of 007 869 829), 212 Pirie Street, Adelaide, objection in the form laid down by the Corporations (South S.A. 5000. Australia) Rules 1993. Dated 29 April 1999. SOUTH AUSTRALIA—In the Supreme Court. No. 579 of 1994. J. SHEAHAN, Liquidator In the matter of Bujonu Pty Limited (ACN 003 114 672) and in Note: Section 481 of the Corporations Law enacts that an the matter of the Corporations Law. order of the Court releasing a liquidator shall discharge him/her in Notice of Release of Liquidator and Dissolution of the Company the administration of the affairs of the company, or otherwise in Take notice that by order of the Supreme Court of South relation to his or her conduct as liquidator, but any such order Australia dated 21 January 1999, I, John Sheahan, Level 8, 26 may be revoked on proof that it was obtained by fraud or by Flinders Street, Adelaide, S.A. 5000, the liquidator of the suppression or by concealment of any material fact. abovenamed company, was granted my release as liquidator and the company was dissolved as at the date of this order. Dated 29 April 1999. PARTNERSHIP ACT 1891 J. SHEAHAN, Liquidator Dissolution of Partnership SOUTH AUSTRALIA—In the Supreme Court. No. 1965 of TAKE notice that as from 7 April 1999, the partnership of 1997. In the matter of Gordon Copiers Pty Limited (ACN 005 Dogan Nadir Okcal, 2 Percy Street, Prospect, S.A. 5082 and 555 751) and in the matter of the Corporations Law. Mustafa Kosa, 6/29 Coorara Avenue, Payneham South, S.A. 5070, who traded as Sultan’s Delight was dissolved. Mustafa Kosa Notice of Release of Liquidator and Dissolution of the Company has retired from the business, Dogan Nadir Okcal will continue to Take notice that by order of the Supreme Court of South operate the business under the name of Sultan’s Delight and shall Australia dated 1 February 1999, I, John Sheahan, Level 8, 26 be responsible for all the debts and liabilities thereof. Flinders Street, Adelaide, S.A. 5000, the liquidator of the Dated 21 April 1999. abovenamed company, was granted my release as liquidator and the company was dissolved as at the date of this order. D. N. OKCAL M. KOSA Dated 29 April 1999. J. SHEAHAN, Liquidator 6 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2493

UNCLAIMED MONEYS ACT 1891 Register of Unclaimed Moneys held by Australian Guarantee Corporation Limited, for year ending 31 December 1992 Amount Description Name Last Known Address Due of Money Date $ Owing Bernhard, Helmut A...... 100 South Road, Torrensville, S.A. 235.07 Interest Due 15.7.92 5031 Blake, Dennis J...... Unknown 33.85 Interest Due 18.12.92 Chin, Hasmah ...... 17 Salisbury Highway, Salisbury, S.A. 70.46 Interest Due 31.12.92 5108 Duckworth, Brett...... Unknown 16.91 Interest Due 31.12.92 Gelly, Darren Paul...... 85 William Street, Beverley, S.A. 168.92 Overpayment on 6.8.92 5009 Loan Griffin, Robert Paul and Donna Marie..... Box 760, Port Adelaide, S.A. 5015 24.57 Overpayment on 6.8.92 Loan Henry, Vincent Geoffrey...... 53 Jackson Avenue, Whyalla Norrie, 140.00 Overpayment on 16.9.92 S.A. 5608 Loan Henson, John D...... 260 South Terrace, Adelaide, S.A. 23.56 Interest Due 31.12.92 5000 Johnson, Benjamin...... 15 Station Avenue, Blackwood, S.A. 20.03 Interest Due 31.12.92 5051 Johnson, Felicity...... 15 Station Avenue, Blackwood, S.A. 23.56 Interest Due 31.12.92 5051 Kenny, Kym M...... Unknown 30.46 Interest Due 18.12.92 Kilpatrick, Neil and Irene...... Unknown 27.08 Interest Due 31.12.92 Lampshire, Taralye...... Unknown 20.66 Interest Due 8.7.92 Martin, Vici ...... 24/336 Stuart Road, Mitchell Park, 59.68 Interest Due 15.6.92 N.S.W. 2043 Miller, F. G...... Unknown 135.62 Interest Due 30.6.89 Mullvihill, Lawrence ...... 3 Vic Street, Mannum, S.A. 5238 211.50 Interest Due 30.9.92 Paull, Jane E. M...... 44 Young Street, Parkside, S.A. 5063 46.98 Interest Due 31.12.92 Perry, T...... Unknown 93.94 Interest Due 31.12.92 Peter Florence Fund...... Unknown 46.98 Interest Due 31.12.92 Peverley, Paul and Tracy Ann ...... 29 Southern Cross Drive, Happy 173.81 Overpayment on 16.9.92 Valley, S.A. 5159 Loan Sekouroglou, Nicholas...... Unknown 93.94 Interest Due 31.12.92 Sharpe, Gladys...... Unknown 24.90 Interest Due 31.12.92 Spencer, Ivy V...... 9 Mill Street, Dulwich, S.A. 5065 108.78 Interest Due 31.10.92 Tripp, Julis K...... Unknown 29.02 Interest Due 15.7.92 Walkley, Wayne William...... 1 Cecilia Road, Christie Downs, S.A. 48.98 Overpayment on 6.8.92 5164 Loan Whop, Sharon...... 8 Moreton Place, Karama, N.T. 0812 10.06 Interest Due 31.10.92 Moneys under $10 ...... ¾ 9.40 Total $1 928.72 2494 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [6 May 1999

ATTENTION

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

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

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

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

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

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