No. 158 2137

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, 4 NOVEMBER 1999

CONTENTS Page Page Animal and Plant Control (Agricultural Protection and Mining Act 1971—Notices...... 2153 Other Purposes) Act 1986—Notice...... 2138 National Parks and Wildlife Act 1972—Notice...... 2154 ASER (Restructure) Act 1997—Notice...... 2138 National Parks Regulations 1990—Notice...... 2154 Brands Act 1933—Third Quarter, 1999...... 2139 Partnership Act 1891—Notice...... 2249 Corporations and District Councils—Notices...... 2245 Petroleum (Submerged Lands) Act 1982—Notice...... 2148 Department of Education, Training and Employment— Private Advertisements...... 2248 Notice...... 2150 Public Trustee Office—Administration of Estates...... 2247 Development Act 1993—Notice...... 2150 Fisheries Act 1982—Notices...... 2159 REGULATION Fruit and Plant Protection Act 1992—Notice...... 2150 Road Traffic Act 1961 (No. 216 of 1999)...... 2243 Gaming Machines Act 1992—Notice...... 2150 Roads (Opening and Closing) Act 1991—Notices...... 2156 Geographical Names Act 1991—Notice...... 2150 Road Traffic Act 1961—Notice...... 2157 Land and Business (Sale and Conveyancing) Act 1994— Transport, Department of—Notices to Mariners...... 2155 Notices...... 2151 Water Mains and Sewers—Mains Laid, Replaced, Etc...... 2157 Liquor Licensing Act 1997—Notices...... 2151 Wheat Marketing Act 1981—Notice...... 2159

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. E-mail: [email protected]. Send as attachments in Word format and please confirm your transmission with a faxed copy of your document, including the date the notice is to be published and to whom the notice will be charged. 2138 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

ANIMAL AND PLANT CONTROL (AGRICULTURAL PROTECTION AND OTHER PURPOSES) ACT 1986 Declaration of Rate PURSUANT to the provisions of section 31 (2), (3) and (4) of the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986, the Animal and Plant Control Commission hereby declares, for the purposes of the said section concerning the Dingo Control Fund for the financial year ending 30 June 2000, the amount payable upon every km2 of rateable land to be 2.5 cents with a minimum amount payable by any person to be $17.50. Dated 1 November, 1999. A. MCTAGGART, Acting Presiding Officer, Animal and Plant Control Commission

ASER (RESTRUCTURE) ACT 1997 Schedule of Facilities NOTICE is hereby given that pursuant to section 17 (2) of the ASER (Restructure) Act 1997, the following is a schedule of the facilities that are provided by the ASER Services Corporation for the benefit of stakeholders generally, or one or more stakeholders, as shared facilities: 1. Fittings, including pipes, wires and ducts (whether situated in the common area or on a subsidiary site), at any time used or available for use in conjunction with the machinery, plant and equipment referred to in section 17 (1) (a) of the Act. 2. Machinery, plant, equipment and fittings (whether situated in the common area or on a subsidiary site) at any time being an addition to or replacement of machinery, plant or equipment referred to in section 17 (1) (a) of the Act. 3. The Very Early Smoke Detection Alarm System located in the Adelaide Station subsidiary site. 4. Pipes to supply water to the Adelaide Station subsidiary site for fire fighting purposes (including valves and other associated fittings). 5. All fresh water, storm water, seepage, sewerage and gas infrastructure including fresh water, storm water, seepage, sewerage and gas pipes, pumps, valves and other fittings, downpipes, drains and gutters from time to time used or available for use by two or more stakeholders. 6. All meters from time to time situated in the common area or on a subsidiary site for the measurement of water or electricity consumed. 7. All transformers and distribution boards from time to time situated in the common area or on a subsidiary site used or available for use in connection with the distribution of electric power to one or more subsidiary sites or the common area. 8. All valves and switches from time to time situated in the common area or on a subsidiary site at a point where a facility ceases to be a shared facility, even though the valve or switch may serve only one stakeholder. 9. Conduits, wires and other fittings to convey electricity to the Adelaide Railway Station for use in the exhaust system. 10. The system of impact absorbing structures known as buffers located beyond the track termini within the Adelaide Railway Station. P. MASON, Executive Officer 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2139 2140 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2141 2142 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2143 2144 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2145

Christmas/New Year Holiday Publishing Information

Last Gazette for 1999 will be Thursday, 23 December 1999

Closing date for notices for publication will be 4 p.m. Tuesday, 21 December 1999

First Gazette for 2000 will be Thursday, 6 January 2000 Closing date for notices for publication will be 4 p.m. Tuesday, 4 January 2000

(There will not be a Gazette in the period between these two dates)

It would be appreciated if Government Gazette notices for publication be addressed to: Riverside 2000 Box 9 Plaza Level Riverside Centre North Terrace, Adelaide, S.A. 5000

AusDoc subscribers: Riverside 2000 DX 56508

Facsimile transmission of notices: (08) 8207 1040 Attention: Government Gazette Section

Inquiries telephone: 8207 1045

Private advertisements can be lodged and paid for at: Information SA Australis House 77 Grenfell Street Adelaide, S.A. 5000

Phone: 8204 1906

Email address for Government Gazette notices: [email protected]

When sending a document via Email please confirm your transmission with a faxed copy, including the date the notice is to be published. 2146 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

MISCELLANEOUS LEGISLATION AND GOVERNMENT PUBLICATIONS PRICES AS FROM 1 JULY 1999

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

1-16 1.60 0.75 497-512 23.30 22.40 17-32 2.30 1.45 513-528 23.90 23.00 33-48 2.90 2.10 529-544 24.70 23.80 49-64 3.70 2.75 545-560 25.30 24.50 65-80 4.35 3.55 561-576 26.00 25.20 81-96 5.00 4.20 577-592 26.75 25.75 97-112 5.75 4.85 593-608 27.50 26.50 113-128 6.40 5.60 609-624 28.25 27.50 129-144 7.20 6.30 625-640 28.75 28.00 145-160 7.90 6.95 641-656 29.50 28.50 161-176 8.60 7.70 657-672 30.00 29.25 177-192 9.25 8.40 673-688 31.00 30.00 193-208 9.95 9.10 689-704 31.75 30.75 209-224 10.60 9.75 705-720 32.25 31.50 225-240 11.25 10.50 721-736 33.25 32.00 241-257 12.05 11.10 737-752 33.75 32.75 258-272 12.80 11.80 753-768 34.50 33.25 273-288 13.45 12.60 769-784 35.00 34.25 289-304 14.10 13.20 785-800 35.75 35.00 305-320 14.80 13.90 801-816 36.25 35.50 321-336 15.55 14.60 817-832 37.25 36.25 337-352 16.20 15.40 833-848 38.00 37.00 353-368 16.90 16.05 849-864 38.50 37.75 369-384 17.60 16.80 865-880 39.25 38.50 385-400 18.30 17.50 881-896 39.75 39.00 401-416 19.00 18.10 897-912 40.75 39.75 417-432 19.75 18.90 913-928 41.25 40.75 433-448 20.40 19.50 929-944 42.00 41.25 449-464 21.15 20.20 945-960 43.00 41.75 465-480 21.75 20.90 961-976 43.50 42.50 481-496 22.40 21.50 977-992 44.25 43.00

Legislation—Acts, Regulations, etc: $ Subscriptions: Acts...... 144.00 All Bills as Laid...... 344.00 Rules and Regulations...... 344.00 Parliamentary Papers...... 344.00 Bound Acts...... 159.00 Index ...... 77.00 Government Gazette Copy...... 3.85 Subscription...... 190.00

Hansard Copy...... 10.30 Subscription—per session (issued weekly) ...... 298.00 Cloth bound—per volume...... 128.00 Subscription—per session (issued daily)...... 298.00 Legislation on Disk Whole Database ...... 2 201.00 Annual Subscription for fortnightly updates...... 677.00 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: Subscriptions and Standing Orders: Phone: (08) 8204 9447, (08) 8204 9448. Fax: (08) 8204 1898 P.O. Box 1, Rundle Mall, Adelaide, S.A. 5000. 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2147

GOVERNMENT GAZETTE ADVERTISEMENT RATES To apply from 1 July 1999

$ $ Agents, Ceasing to Act as...... 28.50 Firms: Associations: Ceasing to Carry on Business (each insertion)...... 21.20 Incorporation...... 14.50 Discontinuance Place of Business...... 21.20 Intention of Incorporation...... 35.75 Land¾Real Property Act: Transfer of Properties...... 35.75 Intention to Sell, Notice of...... 35.75 Attorney, Appointment of ...... 28.50 Lost Certificate of Title Notices...... 35.75 Cancellation, Notice of (Strata Plan)...... 35.75 Bailiff’s Sale...... 35.75 Mortgages: Cemetery Curator Appointed...... 21.20 Caveat Lodgment ...... 14.50 Companies: Discharge of ...... 15.30 Alteration to Constitution...... 28.50 Foreclosures...... 14.50 Capital, Increase or Decrease of ...... 35.75 Transfer of...... 14.50 Ceasing to Carry on Business...... 21.20 Sublet...... 7.30 Declaration of Dividend...... 21.20 Leases¾Application for Transfer (2 insertions) each...... 7.30 Incorporation...... 28.50 Lost Share Certificates: Lost Treasury Receipts (3 insertions) each...... 21.20 First Name...... 21.20 Licensing...... 42.25 Each Subsequent Name...... 7.30 Meeting Final...... 23.80 Municipal or District Councils: Meeting Final Regarding Liquidator’s Report on Annual Financial Statement¾Forms 1 and 2 ...... 400.00 Conduct of Winding Up (equivalent to ‘Final Electricity Supply¾Forms 19 and 20 ...... 283.00 Meeting’) Default in Payment of Rates: First Name...... 28.50 First Name ...... 57.00 Each Subsequent Name...... 7.30 Each Subsequent Name ...... 7.30 Notices: Call...... 35.75 Noxious Trade...... 21.20 Change of Name ...... 14.50 Partnership, Dissolution of...... 21.20 Creditors...... 28.50 Creditors Compromise of Arrangement...... 28.50 Petitions (small)...... 14.50 Creditors (extraordinary resolution that ‘the Com- Registered Building Societies (from Registrar- pany be wound up voluntarily and that a liquidator General)...... 14.50 be appointed’)...... 35.75 Release of Liquidator¾Application¾Large Ad...... 57.00 Register of Unclaimed Moneys¾First Name ...... 21.20 ¾Release Granted...... 35.75 Each Subsequent Name...... 7.30 Receiver and Manager Appointed...... 33.25 Registers of Members¾Three pages and over: Receiver and Manager Ceasing to Act ...... 28.50 Rate per page (in 8pt)...... 181.00 Restored Name...... 27.00 Rate per page (in 6pt)...... 239.00 Petition to Supreme Court for Winding Up...... 49.50 Summons in Action...... 42.25 Sale of Land by Public Auction...... 36.25 Order of Supreme Court for Winding Up Action ...... 28.50 Advertisements...... 2.00 Register of Interests¾Section 84 (1) Exempt...... 64.00 Removal of Office ...... 14.50 Advertisements, other than those listed are charged at $2.00 Proof of Debts...... 28.50 per column line, tabular one-third extra. Sales of Shares and Forfeiture...... 28.50 Notices by Colleges, Universities, Corporations and District Estates: Councils to be charged at $2.00 per line. Assigned...... 21.20 ¾ Where the notice inserted varies significantly in length from Deceased Persons Notice to Creditors, etc...... 35.75 that which is usually published a charge of $2.00 per column line Each Subsequent Name...... 7.30 will be applied in lieu of advertisement rates listed. Deceased Persons¾Closed Estates...... 21.20 Each Subsequent Estate...... 0.90 South Australian Government publications are sold on the Probate, Selling of...... 28.50 condition that they will not be reproduced without prior Public Trustee, each Estate...... 7.30 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. E-mail: [email protected]. Send as attachments in Word format and please confirm your transmission with a faxed copy of your document, including the date the notice is to be published and to whom the notice will be charged. 2148 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

SOUTH AUSTRALIA PETROLEUM (SUBMERGED LANDS) ACT 1982 Notice of Invitation of Applications for Exploration Permit I, ROBERT GERARD KERIN, the Minister for Primary Industries, Natural Resources and Regional Development, acting pursuant to section 19 (1) of the Petroleum (Submerged Lands) Act 1982, hereby invite applications for the grant of an exploration permit in respect of the following blocks within the area as scheduled below: Schedule Comprising the following blocks on the Block Identification Map Hamilton SJ 54: Part blocks numbered 884, 885, 956, 957, 1029, 1030, 1101, 1102, 1103, 1174, 1175, 1247, 1248, 1249, 1320, 1321, 1322, 1393, 1394, 1395, 1466, 1467, 1468. Co- ordinates and Graticular Blocks are based on the Geocentric Datum of Australia (GDA 94). Assessed to contain 23 blocks. Applications Applications for the award of a permit over the above area are required to be made in the approved manner, submitted in duplicate and should be accompanied by: (a) Details of: (i) the applicant’s assessment of the petroleum potential of the area, including a geological and geophysical review and technical assessment of the area and the concepts underlying the proposed exploration program; (ii) the applicant’s minimum guaranteed proposal (in terms of operational activity and indicative minimum expenditure) for data evaluation, seismic surveys and exploration wells to be drilled for each year of the first three years of the permit term; (iii) the applicant’s proposal (in terms of operational activity and indicative minimum expenditure) for data evaluation, seismic surveys and exploration wells to be drilled for each of the remaining three years of the permit term. (b) Particulars of: (i) the technical qualifications of the applicant and of its employees; (ii) the technical advice available to the applicant; (iii) the financial resources available to the applicant, including evidence of the applicant’s ability to fund the work program proposal, a statement of other exploration plans and commitments over the next six years, and a copy of the latest annual report for each applicant company; (iv) where relevant, the viability of the consortium lodging the application, including evidence that a satisfactory settlement has been, or can be, reached on a Joint Operating Agreement (a copy of a Heads of Agreement Dealing will generally suffice); (v) the percentage participating interest of each party to the application; and (vi) the business address for service of notices in respect of each applicant. (c) An application fee of $3 000, payable to the Department of Primary Industries and Resources SA through an Australian bank or bank cheque is required (see section 20 (1) (f) of the Petroleum (Submerged Lands) Act 1982). (d) Such other information as the applicant wishes to be taken into account in consideration of the application. Applications together with relevant data should be submitted in the following manner to the Director Petroleum, Department of Primary Industries and Resources, SA, 101 Grenfell Street, Adelaide, S.A. 5000 before 4 p.m. on Thursday, 9 December 1999. • In an envelope or package clearly marked ‘Application for Area OT 99-C—Commercial in Confidence’ two copies of the application and supporting material. • Unless delivered by hand, the application should be sealed and marked as described above, then enclosed in a plain covering envelope or package and posted to the following address: The Director Petroleum Department of Primary Industries and Resources SA P.O. Box 1671 Adelaide, S.A. 5001 Copies of the basic exploration data pertaining to the blocks comprising this notice may be purchased from the Department of Primary Industries and Resources SA, 101 Grenfell Street, Adelaide, S.A. 5000. Verbal inquiries may be directed to R. Laws, Director, Petroleum Group (Telephone (08) 8463 3200). Dated 30 October 1999. Made under the Petroleum (Submerged Lands) Act 1982. 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2149

R. G. KERIN, Deputy Premier, Minister for Primary Industries, Natural Resources and Regional Development 2150 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

DEVELOPMENT ACT 1993: SECTION 48, DECISION BY FRUIT AND PLANT PROTECTION ACT 1992 THE DEVELOPMENT ASSESSMENT COMMISSION AS Notice by the Minister DELEGATE OF THE GOVERNOR Preamble PURSUANT to the Fruit and Plant Protection Act 1992, I, Robert Gerard Kerin, Minister for Primary Industries, Natural 1. The development of a bridge to join the mainland at Goolwa Resources and Regional Development, vary the notice made at to Hindmarsh Island was subject to an EIS in 1990 under the pages 346-358 of the South Australian Government Gazette, of provisions of the now repealed Planning Act 1982. The 14 August 1997, by adding the following subparagraph after sub- development was processed as a Crown Development under that paragraph (v) of paragraph (1) of clause 6.1: Act and the applicant agency would then have been allowed to build the bridge in accordance with the plans. (vi) Hundred of Munno Para; 2. The design of the bridge has been altered from the original Section No. Certificate of Title Register and under the transitional provisions of the Statutes Repeal and Part Section 3069 Volume 5406, folio 147 Amendment (Development) Act 1993 it requires a decision under Part Section 3069 Volume 5661, folio 381 section 48 of the Development Act 1993. Part Section 3069 Volume 5661, folio 843. 3. More than five years have elapsed since the official Dated 30 October 1999. recognition of the EIS and it has been reviewed by Mark Henesey-Smith, Executive Director Planning SA of the ROB KERIN, Minister for Primary Industries, Natural Department for Transport and Urban Planning as delegate of the Resources and Regional Development. Minister for Transport and Urban Planning, who has concluded that it does not need amending and can be used for the purposes Development Act 1993 of section 48 of the . GAMING MACHINES ACT 1992 4. The development has been the subject of an EIS officially Notice of Application for Increase in Number of Machines recognised under the Planning Act 1982. In accordance with the transitional provisions of the Statutes Repeal and Amendment NOTICE is hereby given, pursuant to section 29 of the Gaming (Development) Act 1993 this document (including the assessment Machines Act 1992, that Stephen Davison Moy, c/o Wallmans, report) satisfies the requirements of Division 2 of Part 4 of the Solicitors, 173 Wakefield Street, Adelaide, S.A. 5000 has applied Development Act 1993. to the Liquor Licensing Commissioner for an increase in the number of Gaming Machines from 21 to 40 in respect of 5. A decision of the Governor under section 48 of the premises known as Maid & Magpie Hotel. Development Act 1993 to approve the development of a bridge was published in the Gazette on 11 August 1999. The application has been set down for hearing on 3 December 1999. 6. An amended proposal to develop a bridge has been under consideration under Division 2 of Part 4 of the Development Act Any person may object to the application by lodging a notice 1993. of objection in the prescribed form with the Liquor Licensing Commissioner, and serving a copy of the notice on the applicant 7. Application has now been made to the Development at the applicant’s address given above, at least seven days before Assessment Commission as delegate of the Governor under the hearing date. section 48 of the Development Act 1993 for the approval of the amended development. Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the 8. The Development Assessment Commission has, in Liquor Licensing Commissioner, 9th Floor, East Wing, G.R.E. considering the application, had regard to all relevant matters Building, 50 Grenfell Street, Adelaide 5000. under section 48 (5) of the Development Act 1993. Decision Applicant PURSUANT to section 48 of the Development Act 1993 the Development Assessment Commission as delegate of the Governor grants development approval of the amended GEOGRAPHICAL NAMES ACT 1991 Hindmarsh Island Bridge development as described in the application comprising: FOR PUBLIC CONSULTATION Notice of Intention to Assign Boundaries and Names to Places • Letter dated 6 May 1998 • Letter dated 24 September 1998 NOTICE is hereby given pursuant to the provisions of the above Act that the Surveyor-General proposes to assign the names • Letter dated 24 September 1999 Cradock, Belton, Yanyarrie, Carrieton, Moockra, Hammond, • Plan Number 40011800/SK04 dated 21 September 1999¾ Eurelia, Johnburgh, Minburra, Yalpara, Erskine, Orroroo, ‘bridge-10 Span Option General Arrangement’ Walloway, Coomooroo, Morchard, Pekina, Black Rock, Yatina and subject to the following condition: and Tarcowie to those areas within the District Council of Orroroo/Carrieton and shown numbered 1 to 19 respectively on Condition Rack Plan 846. That construction of the Bridge hereby approved shall not be Copies of Rack Plan 846 can be viewed in the Office of the commenced unless a certificate, to the extent necessary, of a Surveyor-General, Adelaide and the offices of the District Council private certifier has been given that the proposed development of Orroroo/Carrieton. complies with the Building Rules. Submissions in writing regarding this proposal may be lodged G. HOLLAND-BOOKER, Secretary with the Secretary, Geographical Names Advisory Committee, 300 Richmond Road, Netley, S.A. 5037 (P.O. Box 550, DEPARTMENT OF EDUCATION, TRAINING AND Marleston, S.A. 5033) within one month of the publication of EMPLOYMENT this notice. Dated 18 October 1999. OFFICE OF EMPLOYMENT AND YOUTH National Training Wage 1500, 1996-97 Intake P. M. KENTISH, Surveyor-General, Department for Administrative and Information Services. THIS program concluded in 1998, therefore the Office of Employment and Youth will be closing this project as of 30 DEHAA 04/0217 November 1999. This includes the payment of any outstanding reimbursement claims for trainees placed under this program. A. HUNT, Office of Employment and Youth 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2151

LAND AND BUSINESS (SALE AND CONVEYANCING) ACT Plans in respect of the premises the subject of the application 1994 are open to public inspection without fee at the Office of the Section 23 Liquor Licensing Commissioner, 9th Floor, East Wing, G.R.E. Building, 50 Grenfell Street, Adelaide 5000. TAKE notice that, pursuant to section 23 (3) of the Land and Business (Sale and Conveyancing) Act 1994, I, Kenneth Trevor Dated 6 October 1999. Griffin, Minister for Consumer Affairs, do hereby exempt the Applicant person named in Schedule 1 from the application of section 23 (2) of the Act in relation to the purchase of the land specified in Schedule 2. LIQUOR LICENSING ACT 1997 AND GAMING MACHINES SCHEDULE 1 ACT 1992 Michael Edwin Pfeiffer, an officer/employee of Bronte John Notice of Application for Transfer of Liquor Licence Chapman. and Gaming Machine Licence SCHEDULE 2 NOTICE is hereby given, pursuant to section 52 of the Liquor Licensing Act 1997 and section 29 of the Gaming Machines Act The whole of the land described in certificate of title register 1992, that Stephen Davison Moy, c/o Wallmans Solicitors, 173 book volume 5620, folio 191, situated at 18 Power Court, Mount Wakefield Street, Adelaide, S.A. 5000 has applied to the Liquor Barker, S.A. 5251. and Gaming Commissioner for the transfer of a Hotel Licence Dated 4 November 1999. and a Gaming Machine Licence in respect of premises situated at Signed for and on behalf of the Minister for Consumer Affairs 1 Magill Road, Stepney, S.A. 5069 and known as Maid & Magpie by the Acting Commissioner for Consumer Affairs: Hotel. The applications have been set down for hearing on 3 W. J. SPEHR, Acting Commissioner December 1999. Any person may object to the application by lodging a notice LAND AND BUSINESS (SALE AND CONVEYANCING) ACT of objection in the prescribed form with the Liquor Licensing 1994 Commissioner, and serving a copy of the notice on the applicant Section 23 at the applicant’s address given above, at least seven days before the hearing date. TAKE notice that, pursuant to section 23 (3) of the Land and Business (Sale and Conveyancing) Act 1994, I, Kenneth Trevor Plans in respect of the premises the subject of the application Griffin, Minister for Consumer Affairs, do hereby exempt the are open to public inspection without fee at the Office of the person named in Schedule 1 from the application of section 23 Liquor Licensing Commissioner, 9th Floor, East Wing, G.R.E. (2) of the Act in relation to the purchase of the land specified in Building, 50 Grenfell Street, Adelaide 5000. Schedule 2. Dated 28 October 1999. SCHEDULE 1 Applicant Linley Millard Andrews, an officer/employee of Andrews and Hodges Pty Ltd. LIQUOR LICENSING ACT 1997 AND GAMING MACHINES SCHEDULE 2 ACT 1992 The whole of the land described in certificate of title register Notice of Application for Transfer of Liquor Licence book volume 5256, folio 689, situated at 9 Deptford Street, and Gaming Machine Licence Elizabeth Grove, S.A. 5112. NOTICE is hereby given, pursuant to section 52 of the Liquor Dated 4 November 1999. Licensing Act 1997 and section 29 of the Gaming Machines Act Signed for and on behalf of the Minister for Consumer Affairs 1992, that Rhobe Pty Ltd has applied to the Liquor and Gaming by the Acting Commissioner for Consumer Affairs: Commissioner for the transfer of a Hotel Licence and a Gaming Machine Licence in respect of premises situated at Railway W. J. SPEHR, Acting Commissioner Terrace, Wolseley and known as Wolseley Hotel. The applications have been set down for hearing on 3 LIQUOR LICENSING ACT 1997 AND GAMING MACHINES December 1999. ACT 1992 Any person may object to the application by lodging a notice Notice of Application for Transfer of Liquor Licence of objection in the prescribed form with the Liquor Licensing and Gaming Machine Licence Commissioner, and serving a copy of the notice on the applicant at the applicant’s address given above, at least seven days before NOTICE is hereby given, pursuant to section 52 of the Liquor the hearing date. Licensing Act 1997 and section 29 of the Gaming Machines Act 1992, that Magu’s Hotels Pty Ltd (ACN 090 080 667), c/o Plans in respect of the premises the subject of the application Bonnins Commercial Lawyers, Level 14, 100 King William are open to public inspection without fee at the Office of the Street, Adelaide, S.A. 5000 has applied to the Liquor and Gaming Liquor Licensing Commissioner, 9th Floor, East Wing, G.R.E. Commissioner for the transfer of a Hotel Licence and a Gaming Building, 50 Grenfell Street, Adelaide 5000. Machine Licence in respect of premises situated at 105 Main Dated 2 November 1999. Street, Yankalilla, S.A. 5203 and known as Yankalilla Hotel. Applicant The applications have been set down for hearing on 3 December 1999 at 9 a.m. Any person may object to the application by lodging a notice of objection in the prescribed form with the Liquor Licensing Commissioner, and serving a copy of the notice on the applicant at the applicant’s address given above, at least seven days before the hearing date. 2152 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

LIQUOR LICENSING ACT 1997 AND GAMING MACHINES Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 ACT 1992 Grenfell Street, Adelaide, S.A. 5000. Notice of Application for Transfer of Liquor Licence Dated 1 November 1999. and Gaming Machine Licence Applicant NOTICE is hereby given, pursuant to section 52 of the Liquor Licensing Act 1997 and section 29 of the Gaming Machines Act 1992, that Sheila Lesley Carroll and Claudia Sara Simone Carroll have applied to the Liquor and Gaming Commissioner for the LIQUOR LICENSING ACT 1997 transfer of a Hotel Licence and a Gaming Machine Licence in Notice of Application respect of premises situated at Main Street, Charleston, S.A. 5244 and known as Charleston Hotel. NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that Asylum Holdings Pty, c/o Kelly The applications have been set down for hearing on 3 & Co Solicitors, Level 17, 91 King William Street, Adelaide, S.A. December 1999. 5000 has applied to the Licensing Authority for the transfer of Any person may object to the application by lodging a notice an Entertainment Venue Licence in respect of premises situated of objection in the prescribed form with the Liquor Licensing at 181 Hindley Street, Adelaide, S.A. 5000 and known as Commissioner, and serving a copy of the notice on the applicants Generator Nite Club. at the applicants’ address given above, at least seven days before The application has been set down for hearing on 3 December the hearing date. 1999. Plans in respect of the premises the subject of the application Any person may object to the application by lodging a notice are open to public inspection without fee at the Office of the of objection in the prescribed form with the Licensing Authority, Liquor Licensing Commissioner, 9th Floor, East Wing, G.R.E. and serving a copy of the notice on the applicant at the Building, 50 Grenfell Street, Adelaide 5000. applicant’s address given above, at least seven days before the Dated 2 November 1999. hearing date. Applicants Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 LIQUOR LICENSING ACT 1997 Grenfell Street, Adelaide, S.A. 5000. Notice of Application Dated 21 October 1999. NOTICE is hereby given, pursuant to section 52 (2) (b) of the Applicant Liquor Licensing Act 1997, that NAJ Trading Pty Ltd (ACN 082 808 580) as trustee of the N. & J. Trading Trust, 156 Mount Barker Road, Stirling S.A. 5152 has applied to the Licensing Authority for a Restaurant Licence in respect of premises to be LIQUOR LICENSING ACT 1997 situated at 156 Mount Barker Road, Stirling, S.A. 5152 and to be Notice of Application known as El Asador. NOTICE is hereby given, pursuant to section 52 (2) (b) of the The application has been set down for hearing on 26 Liquor Licensing Act 1997, that Allan Investments Pty Ltd has November 1999. applied to the Licensing Authority for a Special Circumstances Conditions Licence in respect of premises situated at 27 Leigh Street, Adelaide, S.A. 5000 and known as Rigoni’s Bistro. The following licence conditions are sought: The application has been set down for hearing on 3 December Hours of Operations: 1999. Sunday to Thursday¾11 a.m. to 9.30 p.m. Conditions ¾ Friday and Saturday 11 a.m. to 11 p.m. The following licence conditions are sought: Any person may object to the application by lodging a notice • Authorising the consumption of liquor on the licensed of objection in the prescribed form with the Licensing Authority, premises at any time with or ancillary to a meal provided and serving a copy of the notice on the applicant at the by the licensee; and applicant’s address given above, at least seven days before the hearing date. • Authorising the licensee to sell liquor at any time for consumption on the licensed premises with or ancillary to Plans in respect of the premises the subject of the application a meal provided by the licensee; and are open to public inspection without fee at the Office of the Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 • To sell liquor for consumption on the licensed premises Grenfell Street, Adelaide, S.A. 5000. between the hours of 11 a.m. and midnight Monday to Saturday to persons seated at a table or standing at a bar in Dated 28 October 1999. what is to be called Rigoni’s Cigar Room. Applicant Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, LIQUOR LICENSING ACT 1997 and serving a copy of the notice on the applicant at the applicant’s address given above, at least seven days before the Notice of Application hearing date. NOTICE is hereby given, pursuant to section 52 (2) (b) of the Plans in respect of the premises the subject of the application Liquor Licensing Act 1997, that Maxxium Australia Pty Ltd are open to public inspection without fee at the Office of the (ACN 003 953 357), Suite 1, Level 5, 828 Pacific Highway, Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 Gordon, N.S.W. 2072 has applied to the Licensing Authority for Grenfell Street, Adelaide, S.A. 5000. the transfer and removal of a Wholesale Liquor Merchant’s Licence in respect of premises currently situated at 8 Greenhill Dated 2 November 1999. Road Wayville and known as Remy Australie, to the premises to Applicant be situated at Unit 2, 15 Fullarton Road, Kent Town S.A. 5067 and to be known as Maxxium Australia. The application has been set down for hearing on 30 November 1999 at 9 a.m. Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicant at the applicant’s address given above, at least seven days before the hearing date. Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2153

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 Naracoorte & District Liquor Licensing Act 1997, that Spotless Services Australia Community Club Inc. has applied to the Licensing Authority for Limited has applied to the Licensing Authority for a redefinition a variation to the Extended Trading Authorisation and a of the licensed area and a variation to an existing Extended variation of Conditions of Licence in respect of premises situated Trading Authorisation in respect of premises situated at 4A at 90 Ormerod Street, Naracoorte, S.A. 5271 and known as Manton Street, Hindmarsh, S.A. 5007 and known as Hindmarsh Naracoorte & District Community Club Inc. Stadium. The application has been set down for hearing on 3 December The application has been set down for hearing on 3 December 1999. 1999. Conditions Conditions The following licence conditions are sought: The following licence conditions are sought: • To vary the existing extended trading authorisation to • Extended Trading Authorisation include the proposed redefinition. Hours of Operations: Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, Friday and Saturday¾2.30 a.m. to 4 a.m. the following and serving a copy of the notice on the applicant at the morning. applicant’s address given above, at least seven days before the • To delete condition ‘The public shall not be admitted to hearing date. the licensed premises after 1 a.m. on Friday and Saturday Plans in respect of the premises the subject of the application nights’. are open to public inspection without fee at the Office of the Any person may object to the application by lodging a notice Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 of objection in the prescribed form with the Licensing Authority, Grenfell Street, Adelaide, S.A. 5000. and serving a copy of the notice on the applicant at the Dated 1 November 1999. applicant’s address given above, at least seven days before the Applicant hearing date. Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the LIQUOR LICENSING ACT 1997 Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 Notice of Application Grenfell Street, Adelaide, S.A. 5000. NOTICE is hereby given, pursuant to section 52 (2) (b) of the Dated 1 November 1999. Liquor Licensing Act 1997, that Kirtland Pty Ltd has applied to the Licensing Authority for a Special Circumstances Licence in Applicant respect of premises situated at 24 Murray Street, Albert Park, S.A. 5014 and known as Woodville Indoor Sports Centre. LIQUOR LICENSING ACT 1997 The application has been set down for hearing on 3 December 1999. Notice of Application Conditions NOTICE is hereby given, pursuant to section 52 (2) (b) of the The following licence conditions are sought: Liquor Licensing Act 1997, that Adelaide Juventus Sports & Social Club Inc. has applied to the Licensing Authority for a Club • To sell liquor for consumption on the licensed premises Licence in respect of premises situated at Litchfield House, everyday between noon and midnight. Fosters Road, Oakden and to be known as Adelaide Force • Entertainment consent. Clubrooms. Any person may object to the application by lodging a notice The application has been set down for hearing on 3 December of objection in the prescribed form with the Licensing Authority, 1999. and serving a copy of the notice on the applicant at the applicant’s address given above, at least seven days before the Conditions hearing date. The following licence conditions are sought: Plans in respect of the premises the subject of the application • Extended Trading Authorisation are open to public inspection without fee at the Office of the Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 Hours of Operations: Grenfell Street, Adelaide, S.A. 5000. Friday and Saturday¾midnight to 1 a.m. the following Dated 28 October 1999. morning. Applicant Sunday¾8 a.m. to 11 a.m. and 8 p.m. to midnight. • Entertainment consent is sought. MINING ACT 1971 Any person may object to the application by lodging a notice NOTICE is hereby given in accordance with Section 28 (5) of the of objection in the prescribed form with the Licensing Authority, Mining Act 1971, that the Minister for Primary Industries, and serving a copy of the notice on the applicant at the Natural Resources and Regional Development proposes to grant applicant’s address given above, at least seven days before the an Exploration Licence over the undermentioned area. hearing date. Applicant: Goldstream Mining NL Plans in respect of the premises the subject of the application Location: Manguri area—Approximately 30 km north-west are open to public inspection without fee at the Office of the of Coober Pedy, bounded as follows: Commencing at a Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 point being the intersection of latitude 28°37¢S and Grenfell Street, Adelaide, S.A. 5000. longitude 134°24¢E, thence east to longitude 134°42¢E, Dated 1 November 1999. south to latitude 29°00¢S, west to longitude 134°24¢E, and north to the point of commencement, but excluding the Applicant following lands as reserved from certain provisions of the Mining Act 1971 which fall either partly or wholly within the above described area and being: 1. Stuart Highway Realignment (Government Gazette) 13 July 1978. 2154 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

2. 25 m either side of fenced and unfenced boundaries NATIONAL PARKS REGULATIONS 1990 (Government Gazette) 13 October 1977. National Parks and Wildlife Reserves—Fire Restrictions 3. Section 1501, Scenic and Natural Features Reserve National Parks Government Gazette PURSUANT to Regulation 14 (1) of the ( ) 4 August 1988. Regulations 1990, I, Allan Norman HOLMES, the Director of 4. Sections 751, 752, 753, 754, 755, 756, Yellow National Parks and Wildlife, impose fire restrictions for National Bullock Bore area and Honeymoon Bore area Parks and Wildlife Reserves as listed in Schedule 1 below. Government Gazette ( ) 13 October 1977. The purpose of these fire restrictions is to ensure the safety of 5. The surface stratum of the Coober Pedy Precious visitors using the reserves, and in the interests of protecting the Stones Field (Government Gazette) 18 March 1982. reserves and neighbouring properties. All the within latitudes and longitudes being geodetic and Dated 26 October 1999. expressed in terms of the Australian Geodetic Datum as Commonwealth Gazette A. N. HOLMES, Director, National Parks defined on p. 4984 of number 84 and Wildlife dated 6 October 1966.

Term: 1 year SCHEDULE 1 2 Area in km : 1 243 Eyre and Far West Districts Ref DME: 103/1999 1. All reserves: All wood fires (or solid fuel fires) are prohibited Dated 4 November 1999. from 1 November 1999 to 30 April 2000. Gas fires are permitted (except on days of total fire bans). L JOHNSTON, Mining Registrar Southern Flinders District 2. The following reserves: Mount Remarkable National Park, MINING ACT 1971 Telowie Gorge Conservation Park, The Dutchmans Stern NOTICE is hereby given in accordance with Section 28 (5) of the Conservation Park, Mount Brown Conservation Park, Mining Act 1971, that the Minister for Primary Industries, Winninowie Conservation Park—All wood fires (or solid fuel Natural Resources and Regional Development proposes to grant fires) are prohibited from 1 November 1999 to 30 April 2000. an Exploration Licence over the undermentioned area. Gas fires are permitted (except on days of total fire bans). Applicant: Perilya Mines NL Flinders District Location: Mt Lyndhurst Area—Approximately 40 km north 3. The following reserves: Flinders Ranges National Park, of Leigh Creek, bounded as follows: Commencing at a Gammon Ranges National Park—All wood fires (or solid fuel point being the intersection of latitude 30°05¢S and fires) are prohibited from 1 November 1999 to 31 March 2000. longitude 138°25¢E, thence east to longitude 139°00¢E, Gas fires are permitted (except on days of total fire bans). south to latitude 30°16¢S, west to longitude 138°36¢E, Far North District south to latitude 30°18¢S, west to longitude 138°28¢E, north to latitude 30°17¢S, west to longitude 138°25¢E, and 4. The following reserve: . All wood fires north to the point of commencement, all the within (or solid fuel fires) are prohibited from 1 November 1999 to 30 latitudes and longitudes being geodetic and expressed in April 2000, except for local residential Aboriginal people using terms of the Australian Geodetic Datum as defined on p. traditional use of fires for cooking. 4984 of Commonwealth Gazette number 84 dated Yorke District 6 October, 1966. 5. The following reserve only: Innes National Park—All wood Term: 1 year fires (or solid fuel fires) are prohibited from 1 November 1999 to Area in km2: 1 197 30 April 2000. Gas fires are permitted (except on days of total fire bans). Ref DME: 115/1999 Kangaroo Island District Dated 4 November 1999. 6. The following reserves: Flinders Chase National Park, Kelly L JOHNSTON, Mining Registrar Hill Conservation Park, Cape Gantheaume Conservation Park and Seal Bay Conservation Park—All wood fires (or solid fuel NATIONAL PARKS AND WILDLIFE ACT 1972 fires) are prohibited from 1 November 1999 to 30 April 2000. Gas fires are permitted (except on days of total fire bans). Morialta and Black Hill Conservation Parks— Draft Management Plan Fleurieu District I, DOROTHY KOTZ, Minister for Environment and Heritage, 7. The following reserves: Deep Creek Conservation Park, hereby give notice under the provisions of section 38 of the Newland Head Conservation Park and — National Parks and Wildlife Act 1972, that a draft management All wood fires (or solid fuel fires) are prohibited from 1 plan has been proposed for Morialta and Black Hill Conservation November 1999 to 30 April 2000. Gas fires are permitted Parks. (except on days of total fire bans). Lofty/Barossa District Copies of the draft plan may be inspected at or obtained at no cost ($2 postage within ) from The Environment 8. The following reserves: Morialta Conservation Park, Para Shop, Ground Floor, Australis Building, 77 Grenfell Street, Wirra Recreation Park, Sandy Creek Conservation Park—All Adelaide, S.A. 5000 (G.P.O. Box 1047, Adelaide, S.A. 5001), wood fires (or solid fuel fires) are prohibited from 1 November telephone (08) 8204 1910 or, the Lofty/Barossa District, 1999 to 30 April 2000. Gas fires are permitted (except on days Department for Environment, Heritage and Aboriginal Affairs, of total fire bans). 115 Maryvale Road, Athelstone, Adelaide, telephone (08) 8336 Cleland Conservation Park 0901. 9. All wood fires (or solid fuel fires) are prohibited from 1 Any person may make representations in connection with the November 1999 to 30 April 2000. Gas fires are permitted draft management plan during the period up to and including (except on days of total fire bans). Thursday, 3 February 2000. Sturt District Written comments should be forwarded to Richard de Groot, District Ranger, Lofty/Barossa District, Department for 10. The following reserve: —All wood Environment, Heritage and Aboriginal Affairs, 115 Maryvale fires (or solid fuel fires) are prohibited from 1 November 1999 to Road, Athelstone, S.A. 5076. 30 April 2000. Gas fires are permitted (except on days of total fire bans). D. KOTZ, Minister for Environment and Heritage 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2155

Coorong District, Upper South East and Lower South East The section of the river between the buoys and the riverbank District will be marked with A4 polyform buoys strung together. 11. All reserves: All wood fires (or solid fuel fires) are Mariners are advised to proceed with caution in the vicinity prohibited from 1 November 1999 to 30 April 2000. Please note: and to keep well clear of the drilling barge and the buoys at all Wood fires are allowed between high water mark and low water times. mark of the foreshore of the following reserves: Piccaninnie Local Charts affected: Lower Murray and Lakes, and Lower Ponds Conservation Park, Little Dip Conservation Park and Murray , except on days of total fire bans. Lower Glenelg River Conservation Park has a permanent prohibition on Adelaide, 25 October 1999. all wood fires. DIANA LAIDLAW, Minister for Transport Bookmark Biosphere, Murraylands and Mallee District and Urban Planning. 12. The following reserves: , Big TSA 97/14877 Bend Reserve, Brookfield Conservation Park, Lowan Conservation Park, Marne Valley Conservation Park, Swan Reach Conservation Park, White Dam Conservation Park, NOTICE TO MARINERS Billiatt Conservation Park, Danggali Conservation Park, Kapunda NO. 27 OF 1999 Conservation Park, Karte Conservation Park, Loch Luna Conservation Park, Maize Island Conservation Park, Media South Australia—Gulf St Vincent—Port Vincent— Island Conservation Park, Moorook Conservation Park, Morgan Yachting Buoys Laid Conservation Park, National Park (which includes MARINERS are advised that the Port Vincent Sailing Club have , Lyrup Flats, Bulyong Island), Ngarkat set unlit marker buoys off Port Vincent from 10 October 1999 Conservation Park (which includes Mount Shaugh, Mount Rescue, until 30 April 2000. Scorpion Springs), Peebinga Conservation Park, Pike River Conservation Park, Rilli Island Conservation Park—All wood The colour and approximate locations of these buoys in fires (or solid fuel fires) are prohibited from 1 November 1999 to WGS84 co-ordinates are: 30 April 2000. Gas fires are permitted (except on days of total 2 vertical black buoys: fire bans). Latitude 34°46.39¢S, longitude 137°52.33¢E A cleared designated area for cooking purposes must comply Latitude 34°46.28¢S, longitude 137°52.98¢E with section 36 (2) (a) of the Country Fires Act 1989. 1 vertical black buoy: ¢ ¢ A. N. HOLMES, Director, National Parks Latitude 34°45.62 S, longitude 137°51.80 E and Wildlife 2 vertical black buoys: Latitude 34°46.10¢S, longitude 137°51.80¢E NOTICE TO MARINERS 1 vertical black buoy: Latitude 34°46.61¢S, longitude 137°51.80¢E NO. 25 OF 1999 2 horizontal black and yellow check buoys: South Australia—Global Positioning Systems (GPS) Warning Latitude 34°46.61¢S, longitude 137°51.80¢E MARINERS are advised of a possible failure of their Global Navy Charts affected: Aus. 345, 444, 780 and 781 Positioning Systems (GPS) unit on Sunday, 22 August 1999. Local Charts affected: Port Vincent and Gulf St Vincent The problem involves a code installed in satellite equipment when it was devised in the 1980s and 22 August 1999 is the date Publication affected: Australia Pilot, Vol. 1 (Seventh when many receivers could cease to operate. Edition, 1992), page 133. Mariners are advised to exercise care using their GPS units on Adelaide, 18 October 1999. this day. DIANA LAIDLAW, Minister for Transport Adelaide, 18 August 1999. and Urban Planning. DIANA LAIDLAW, Minister for Transport TSA 99/08816 and Urban Planning. TSA 99/07324 NOTICE TO MARINERS NO. 28 OF 1999 NOTICE TO MARINERS South Australia—Port Adelaide—Inner Harbor—Pilotage Lights NO. 26 OF 1999 MARINERS are advised that two fixed blue lights have been South Australia—River Murray—Goolwa—Hindmarsh Island placed on the wharf shed at No. 19 berth in the Inner Harbor of Bridge—Construction Operations Port Adelaide. These lights are to be used for pilotage purposes. FROM October 1999 and continuing for approximately 10-15 The approximate locations of these lights in WGS84 co- months, operations for the construction of the Hindmarsh Island ordinates are: Bridge will be carried out in the River Murray at Goolwa. Latitude 34°49.9750¢S, longitude 138°30.5371¢E Two red buoys displaying a square topmark and red flashing Latitude 34°49.9944¢S, longitude 138°30.5349¢E light on the port side and two green buoys displaying a triangular Navy Chart affected: Aus. 137 topmark and green flashing light on the starboard side (when proceeding upstream) will mark a navigable channel. Local Chart affected: Port Adelaide and Approaches If the navigable channel cannot be used, it will be marked by a Publication affected: Australia Pilot, Vol. 1 (Seventh channel blocked signal, which consists of, by day, 3 black shapes Edition, 1992), pages 125-129. in a vertical line, the upper and lower being spherical and between Adelaide, 22 October 1999. them a triangle with the apex upward, and by night, by 3 fixed DIANA LAIDLAW, Minister for Transport lights in a vertical line, the upper and lower being red and between and Urban Planning. them, green. PCSA 99/0002 A drilling barge, working during the day only, and exhibiting special marker lights and shapes, will be used in various locations across the river and will be securely moored clear of the navigable channel when not in use. 2156 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

ROADS (OPENING AND CLOSING) ACT 1991: SECTION 24 2. Portion of the public road (Eighth Street) adjoining NOTICE OF CONFIRMATION OF ROAD sections 217 and 85 in Renmark Irrigation District, more PROCESS ORDER particularly delineated and lettered ‘Q’ and ‘R’ (respectively) in Preliminary Plan No. PP6793/94 be closed. Springbank Road, Hundred of Kooringa¾Deposited Plan 34861 3. Portion of the land subject to closure lettered ‘Q’ to be BY Road Process Order made on 18 July 1994, the District transferred to JOHN TSOLOMITIS, GEORGE TSOLOMITIS Council of Burra Burra (now Regional Council of Goyder) ordered and BARBARA TSOLOMITIS in accordance with agreement that: for exchange dated 27 April 1995 entered into between The 1. Portion of sections 171, 172, 184 and 170 forming re- District Council of Renmark Paringa and J. Tsolomitis, G. alignments of the adjoining public roads, more particularly Tsolomitis and B. Tsolomitis. delineated and numbered ‘302’, ‘303’, ‘305’ and ‘307’ 4. Portion of the land subject to closure lettered ‘R’ to be (respectively) in Preliminary Plan No. PP6815/93 be opened transferred to LUCIANO ANGELETTI and DEBBIE SUSAN as road. ANGELETTI in accordance with agreement for transfer dated 2. Portion of the public road adjoining section 173 and 30 July 1999 entered into between The District Council of portions of the public road (Springbank Road) adjoining Renmark Paringa and to L. Angeletti and D. S. Angeletti. sections 172 and 184, more particularly delineated and lettered On 3 September 1999 that order was confirmed by the Minister ‘A’, ‘B’ and ‘C’ (respectively) in Preliminary Plan No. for Administrative Services, conditionally on approval and PP6815/93 be closed. deposit of the survey plan by the Registrar-General. The 3. The whole of the land subject to closure to be transferred condition has now been fulfilled. to DONALD MURRAY LLOYD in accordance with agreement Pursuant to section 24 (5) of the Roads (Opening and Closing) for exchange dated 19 March 1990 entered into between the Act 1991, NOTICE of the order referred to above and its District Council of Burra Burra (now Regional Council of confirmation is hereby given. Goyder) and D. M. Lloyd. Dated 4 November 1999. On 19 September 1994 that order was confirmed by the Minister for the Environment and Natural Resources, P. M. KENTISH, Surveyor-General conditionally on approval and deposit of the survey plan by the Registrar-General. The condition has now been fulfilled. ROADS (OPENING AND CLOSING) ACT 1991: SECTION 24 Pursuant to section 24 (5) of the Roads (Opening and Closing) NOTICE OF CONFIRMATION OF ROAD Act 1991, NOTICE of the order referred to above and its PROCESS ORDER confirmation is hereby given. Boundary Road, Hundred of Nuriootpa/Belvidere¾Deposited Dated 4 November 1999. Plan 53300 P. M. KENTISH, Surveyor-General BY Road Process Order made on 9 September 1999, the District Council of Kapunda and Light ordered that: ROADS (OPENING AND CLOSING) ACT 1991: SECTION 24 1. Portion of the public road (Boundary Road) dividing NOTICE OF CONFIRMATION OF ROAD sections 8 and 9, Hundred of Nuriootpa and adjoining section PROCESS ORDER 592, Hundred of Belvidere more particularly lettered ‘A’ in Preliminary Plan No. PP32/0473 be closed. Public Road adjacent South Terrace, Strathalbyn¾Deposited Plan 40100 2. The whole of the land subject to closure be transferred to TREVOR MAX MATERNE and ROGER ERSKINE TEUSNER BY Road Process Order made on 2 May 1994, the District as the Executors of CLARENCE OSCAR MATERNE in Council of Strathalbyn (now Alexandrina Council) ordered that: accordance with agreement for transfer dated 29 June 1999 1. The whole of the public road south of South Terrace entered into between the District Council of Kapunda and Light dividing allotments 10 to 16 in Deposited Plan 217 from and T. M. Materne and R. E. Teusner as the Executors of C. O. allotment 132 in Deposited Plan 24668, allotments 20 to 23 Materne. in Deposited Plan 217 and allotment 3 in Filed Plan 11758 On 12 October 1999 that order was confirmed by the Minister more particularly delineated and lettered ‘B’, ‘C’ and portion for Administrative Services conditionally on approval and deposit of ‘A’ in Preliminary Plan No. PP9503/93 be closed. of the survey plan by the Registrar-General. The condition has 2. Vest in the Crown the whole of the land subject to closure. now been fulfilled. On 10 June 1994 that order was confirmed by the Minister for Pursuant to section 24 (5) of the Roads (Opening and Closing) the Environment and Natural Resources conditionally on Act 1991, NOTICE of the order referred to above and its approval and deposit of the survey plan by the Registrar-General. confirmation is hereby given. The condition has now been fulfilled. Dated 4 November 1999. Pursuant to section 24 (5) of the Roads (Opening and Closing) P. M. KENTISH, Surveyor-General Act 1991, NOTICE of the order referred to above and its confirmation is hereby given. Dated 4 November 1999. ROADS (OPENING AND CLOSING) ACT 1991 Road Closure¾Elliott Street, Clare P. M. KENTISH, Surveyor-General NOTICE is hereby given, pursuant to section 10 of the Roads (Opening and Closing) Act 1991, that the CLARE AND ROADS (OPENING AND CLOSING) ACT 1991: SECTION 24 GILBERT VALLEYS COUNCIL proposes to make a Road NOTICE OF CONFIRMATION OF ROAD Process Order to close and transfer to the MINISTER FOR PROCESS ORDER EDUCATION CHILDREN’S SERVICES AND TRAINING portion of the public road (Elliott Street) adjoining the Clare Eighth Street, Renmark North¾Deposited Plan 53043 High School, as more particularly delineated and lettered ‘A’ on BY Road Process Order made on 30 July 1999, The District Preliminary Plan No. 32/0507. Council of Renmark Paringa ordered that: A copy of the plan and a statement of persons affected are 1. Portion of section 217 in Renmark Irrigation District available for public inspection at the office of the Council at 4 forming a widening of Eighth Street, more particularly Gleeson Street, Clare, S.A. 5453 and the Adelaide Office of the delineated and numbered ‘3’ in Preliminary Plan No. Surveyor-General during normal office hours. PP6793/94 be opened as road. Any application for easement or objection must set out the full name, address and details of the submission and must be fully supported by reasons. 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2157

The application for easement or objection must be made in CITY OF PLAYFORD writing to the council at the above address WITHIN 28 DAYS OF Plane Tree Drive, Craigmore. p16 THIS NOTICE and a copy must be forwarded to the Surveyor- Karen Avenue, Craigmore. p16 General at G.P.O. Box 1354, Adelaide, S.A. 5001. Where a Easement in lot 317, Karen Avenue, Craigmore. p16 submission is made, the council will give notification of a meeting Katherine Crescent, Craigmore. p16 at which the matter will be considered. Easement in lot 529, Katherine Crescent, Craigmore. p16 Dated 4 November 1999. P. M. KENTISH, Surveyor-General CITY OF PORT ADELAIDE ENFIELD Across and in Folland Avenue, Northfield. p2-7 Fosters Road, Northfield. p7 ROAD TRAFFIC ACT 1961 Preston Court, Northfield. p8 Revocation of Appointment of Inspectors Tracy Street, Exeter. p11 Hutton Place, Exeter. p11 NOTICE is hereby given that on 28 October 1999, I revoked the Easements in lots 5 and 209, McLaren Parade, Port Adelaide. appointment of the following persons, pursuant to section 35 (1) p15 of the Road Traffic Act 1961: Warrawee Dock, Port Adelaide. p15 Brenton George Briers Karatta Dock, Port Adelaide. p15 Christopher James Le Roux Across Timpson Street, Port Adelaide. p15 Christopher John Ward Pelican Point Road, Outer Harbor. p12 Michael George Wyant Easements in lot 30, Pelican Point Road, Outer Harbor. p12-14 T. N. ARGENT, Commissioner of Highways BEETALOO COUNTRY LANDS WATER DISTRICT

WATER MAINS AND SEWERS DISTRICT OF THE COPPER COAST Karkarilla Road, Hamley. p1 Office of the South Australian Water Corporation Moonta-Maitland Road, Kooroona. p1 Adelaide, 4 November 1999. Hare Terrace, Kooroona. p1

WATER MAINS LAID PORT PIRIE REGIONAL COUNCIL Notice is hereby given that the following main pipes or parts of Waterworks reserve (section 1104, hundred of Pirie), Port main pipes have been laid down by the South Australian Water Germein Road, Bungama. p23 Corporation in or near the undermentioned water districts and are Hillview Road, Bungama. p23 now available for a constant supply of water to adjacent land.

ADELAIDE WATER DISTRICT MOONTA WATER DISTRICT

CITY OF ADELAIDE DISTRICT OF THE COPPER COAST Leigh Street, Adelaide. p27 Moonta Road, Moonta Bay. p17

DISTRICT OF ADELAIDE HILLS COUNCIL PENOLA WATER DISTRICT Grevillea Way, Woodside. p29 and 30 Jacaranda Drive, Woodside. p29 and 30 DISTRICT OF WATTLE RANGE COUNCIL Ellen Street, Penola. This main is available for constant rateable supply by application only on the western side. p22 CITY OF MARION John Street, Penola. p22 Airlie Mews, Hallett Cove. p10 Ingleton Drive, Hallett Cove. p10 Easement in reserve (lot 1079), Burlington Road, Hallett Cove. PORT AUGUSTA WATER DISTRICT p10 Burlington Road, Hallett Cove. p10 CITY OF PORT AUGUSTA Balboa Drive, Hallett Cove. p10 Elizabeth Terrace, Port Augusta. p26

CITY OF MITCHAM PORT ELLIOT WATER DISTRICT Norman Street, St. Marys. p19 Across and in Boronia Avenue, Coromandel Valley. p31 DISTRICT OF VICTOR HARBOR Grand Boulevard, Craigburn Farm. p31-33 Coromandel Drive, McCracken. p28 Easements in lot 523, Grand Boulevard, Craigburn Farm. p33 and Easement in lot 9, Coromandel Drive, McCracken. p28 35 Creswell Avenue, Craigburn Farm. p31 Easement in lot 522, Creswell Avenue, Craigburn Farm. p31 PORT PIRIE WATER DISTRICT Fergusson Avenue, Craigburn Farm. p31 Grenache Circuit, Craigburn Farm. p32 PORT PIRIE REGIONAL COUNCIL Austin Court, Craigburn Farm. p32 and 33 Fifth Street, Port Pirie West. p24 Richman Court, Craigburn Farm. p32 and 34 Read Street, Port Pirie West. p25 Tassie Place, Craigburn Farm. p32 and33 Scott Street, Port Pirie West. p25 Woodlake Drive, Craigburn Farm. p33 Earls Court, Craigburn Farm. p33

CITY OF ONKAPARINGA Corella Avenue, Chandlers Hill. p9 2158 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

WATER MAINS ABANDONED CITY OF MITCHAM Sewerage land (lot 526) off Grand Boulevard, Craigburn Farm. Notice is hereby given that the undermentioned water mains have FB 1082 p39, 47 and 40 been abandoned by the South Australian Water Corporation. Easements in lots 523, 525 and reserve(lot 509), Grand Boulevard and lot 524, Grenache Circuit, Craigburn Farm. ADELAIDE WATER DISTRICT FB 1082 p39, 40, 44 and 45 Woodlake Drive, Craigburn Farm. FB 1082 p39 and 44 CITY OF ADELAIDE Easements in reserve (lot 512), Craigburn Farm. FB 1082 p39, Leigh Street, Adelaide. p27 45, 41 and 43 Grand Boulevard, Craigburn Farm. FB 1082 p39-41 and 44 Easements in lots 236-242, Earls Court, Craigburn Farm. CITY OF PORT ADELAIDE ENFIELD FB 1082 p39 and 45 Fosters Road, Northfield. p7 Earls Court, Craigburn Farm. FB 1082 p39 and 45 Easements in lots 255, 254, 217 and 218, Woodlake Drive, Craigburn Farm. FB 1082 p39 and 45 BEETALOO COUNTRY LANDS WATER DISTRICT Grenache Circuit, Craigburn Farm. FB 1082 p39 and 40 Tassie Place, Craigburn Farm. FB 1082 p39 and 41 DISTRICT OF THE COPPER COAST Easements in lots 492 and 370-368, Austin Court, Craigburn Easements in lot 3 and section 2759 (hundred of Wallaroo), Farm. FB 1082 p39 and 42 Moonta-Maitland Road and section 2757, Hare Terrace, Hamley Austin Court, Craigburn Farm. FB 1082 p39 and 43 and Kooroona. p1 Easements in lots 346-351, Richman Court, Craigburn Farm. FB 1082 p39 and 42 Richman Court, Craigburn Farm. FB 1082 p39, 42 and 43 PORT PIRIE REGIONAL COUNCIL Easement in lots 504 and 359, Richman Court, Craigburn Farm. Waterworks reserve (section 1104, hundred of Pirie), Port FB 1082 p39 and 42 Germein Road, Bungama. p23 Easements in lot 522, Grand Boulevard, Craigburn Farm. FB 1082 Hillview Road, Bungama. p23 p39, 43, 44, 41 and 45 Creswell Avenue, Craigburn Farm. FB 1082 p39 and 44 Easements in lot 336, Creswell Avenue, Craigburn Farm. FB 1082 PENOLA WATER DISTRICT p39 and 44 DISTRICT OF WATTLE RANGE COUNCIL Ellen Street, Penola. p22 CITY OF ONKAPARINGA John Street, Penola. p22 Corella Avenue, Chandlers Hill. FB 1082 p29 and 30

PORT AUGUSTA WATER DISTRICT CITY OF PLAYFORD Easements in lot 529, Plane Tree Drive, Craigmore. FB 1082 CITY OF PORT AUGUSTA p33 Elizabeth Terrace, Port Augusta. p26 Plane Tree Drive, Craigmore. FB 1082 p33 Katherine Crescent, Craigmore. FB 1082 p33 PORT PIRIE WATER DISTRICT CITY OF PORT ADELAIDE ENFIELD PORT PIRIE REGIONAL COUNCIL Tracy Street, Exeter. FB 1082 p34 and 35 Fifth Street, Port Pirie West. p24 Easements in reserve (lot 22), Tracy Street, Exeter. FB 1082 p34 Read Street, Port Pirie West. p25 and 35 Scott Street, Port Pirie West. p25 Hutton Place, Exeter. FB 1082 p34 and 35 Timpson Street, Port Adelaide. FB 1082 p28 Karratta Dock, Port Adelaide. FB 1082 p28 SEWERS LAID Warrawee Dock, Port Adelaide. FB 1082 p28 Easement in lot 109, Timpson Street, Port Adelaide. FB 1082 Notice is hereby given that the following sewers have been laid p28 down by the South Australian Water Corporation in the undermentioned drainage areas and are now available for house connections. PORT LINCOLN COUNTRY DRAINAGE AREA ADELAIDE DRAINAGE AREA CITY OF PORT LINCOLN Sewerage land (lot 1001), Sailfish Drive, Port Lincoln. FB 1082 CITY OF MARION p22 and 23 Easement in reserve (lot 1079), Petrel Close, Hallett Cove. Sailfish Drive, Port Lincoln. FB 1082 p22 and 23 FB 1082 p31 and 32 Laguna Avenue, Port Lincoln. FB 1082 p22-25 Burlington Road, Hallett Cove. FB 1082 p31 and 32 Sewerage land (lot 1002), Laguna Avenue, Port Lincoln. FB 1082 Easements in lot 3000, Burlington Road and reserve (lot 1078), p24 and 25 Airlie Mews, Hallett Cove. FB 1082 p31 and 32 Reserve (lot 603), Laguna Avenue, Port Lincoln. FB 1082 p24 Airlie Mews, Hallett Cove. FB 1082 p31 and 32 and 26 Ingleton Drive, Hallett Cove. FB 1082 p31 and 32 Calais Avenue, Port Lincoln. FB 1082 p24 and 26 Sandy Point Place, Port Lincoln. FB 1082 p24 and 25 St. Andrews Terrace, Port Lincoln. FB 1082 p24 and 26 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2159

VICTOR HARBOR COUNTRY DRAINAGE AREA WHEAT MARKETING ACT 1989 Deductions for South Australian Farmers Federation (SAFF) DISTRICT OF VICTOR HARBOR Grains Council Coromandel Drive, McCracken. FB 1082 p36 and 37 Easement in lot 9, Coromandel Drive, McCracken. FB 1082 p36 PURSUANT to section 10 of the Wheat Marketing Act 1989, I, and 37 Robert Gerard Kerin, Minister for Primary Industries, Natural Easements in lot 1121, Coromandel Drive, McCracken. FB 1082 Resources and Regional Development make the following notice p36 and 37 concerning grain for the season 1999-2000: 1. There shall be deductions for the purposes of supporting activities of the SAFF Grains Council from the proceeds of all SEWERS ABANDONED grain for the season. Notice is hereby given that the undermentioned sewers have been 2. The prescribed rate for such deductions shall be 2 cents per abandoned by the South Australian Water Corporation. tonne. 3. Any grain grower not wishing to have such deductions ADELAIDE DRAINAGE AREA made from his or her grain proceeds must signify that desire by 31 March 2000. CITY OF PORT ADELAIDE ENFIELD Timpson Street, Port Adelaide. FB 1082 p28 4. A written request to the above effect should be forwarded McLaren Parade, Port Adelaide. FB 1082 p28 to the Minister for Primary Industries, Natural Resources and Easement in lot 109, Timpson Street, Port Adelaide. FB 1082 Regional Development, G.P.O. Box 668, Adelaide, S.A. 5001, p28 by the stipulated date. Dated 31 October 1999. VICTOR HARBOR COUNTRY DRAINAGE AREA ROB KERIN, Minister for Primary Industries, Natural Resources and Regional Development. DISTRICT OF VICTOR HARBOR Bay Road, Encounter Bay—100 mm PVCR pumping main. FB 1082 p21 FISHERIES ACT 1982: SECTION 43 TAKE note that the notice No. D0038/99 made under section 43 of the Fisheries Act 1982, dated 4 August 1999, and published in SEWERS LAID the Government Gazette, page 657, dated 5 August 1999, being the fourth notice on that page, which refers to the West Coast Notice is hereby given that the undermentioned sewers have been prawn fishery is revoked. laid down by the South Australian Water Corporation and are not Dated 3 November 1999. available for house connections. W. ZACHARIN, Principal Fisheries Manager ADELAIDE DRAINAGE AREA R0025/99 CITY OF MARION Easement in reserve (lot 1079), Petrel Close, Hallett Cove¾100 FISHERIES ACT 1982: SECTION 43 mm PVCR pumping main. FB 1082 p31 and 32 Burlington Road, Hallett Cove¾100 mm PVCR pumping main. TAKE notice that it is hereby declared that it shall be unlawful FB 1082 p31 and 32 for any person to engage in the class of fishing activity specified Easement in lot 3000, Burlington Road, Hallett Cove¾100 mm in Schedule 1 during the periods specified in Schedule 2. PVCR pumping main. FB 1082 p31 and 32 SCHEDULE 1 The act of taking or the act preparatory to or involved in the CITY OF MITCHAM taking of Western King Prawn (Penaeus latisulcatus) in all waters Sewerage land (lot 526) off Grand Boulevard, Craigburn of the West Coast northerly of a line from latitude 33°11.50¢S Farm¾200 mm PVCR pumping main. FB 1082 p46 and 47 longitude 134°19.00¢E, then to position latitude 33°35.70¢S Easements in lot 523, Cumming Street, Craigburn Farm¾200 longitude 134°45.00¢E, then to position latitude 33°37.50¢S mm PVCR pumping main. FB 1082 p46 and 47 longitude 134°49.50¢E. Cumming Street, Craigburn Farm¾200 mm PVCR pumping main. SCHEDULE 2 FB 1082 p46 and 47 2000 hours on 3 November 1999 to 0630 hours on 16 November 1999. PORT LINCOLN COUNTRY DRAINAGE AREA Dated 3 November 1999. W. ZACHARIN, Principal Fisheries Manager CITY OF PORT LINCOLN Sewerage land (lot 1001), Sailfish Drive, Port Lincoln¾150 mm D0043/99 PVCR pumping main. FB 1082 p22, 24 and 27 Sailfish Drive, Port Lincoln¾150 mm PVCR pumping main. FB 1082 p22, 24 and 27 FISHERIES ACT 1982: SECTION 43 Laguna Avenue, Port Lincoln¾150 mm PVCR pumping main. TAKE notice that it is hereby declared that it shall be unlawful FB 1082 p22, 24 and 27 for any person to engage in the class of fishing activity specified Sewerage land (lot 1002), Laguna Avenue, Port Lincoln¾150 in Schedule 1 during the periods specified in Schedule 2. mm PVCR pumping main. FB 1082 p24 and 27 Easement in reserve (lot 603), Laguna Avenue, Port SCHEDULE 1 Lincoln¾150 mm PVCR pumping main. FB 1082 p24 and 27 The act of taking or the act preparatory to or involved in the Calais Avenue, Port Lincoln¾150 mm PVCR pumping main. taking of Western King prawn (Penaeus latisulcatus) in all waters FB 1082 p24 and 27 of the West Coast northerly of a line commencing at position latitude 32°12.50¢5 longitude 133°15.50¢E, then to position S. SULLIVAN, Chief Executive Officer, latitude 32°22.00¢S longitude 133°21.00¢E, then to position South Australian Water Corporation latitude 32°23.15¢S longitude 133°28.80¢E, then to position latitude 32°27.20¢S longitude 133°37.50¢E then to position latitude 32°24.00¢S longitude 133°52.00¢E. 2160 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

SCHEDULE 2 CONDITIONS OF THIS LICENCE Licence 2000 hours on 3 November 1999 to 0630 hours an 16 1. November 1999. The parties acknowledge and agree that: Dated 3 November 1999. 1.1 the rights, powers and privileges granted to or vested in the licensee under this licence are contractual only and W. ZACHARIN, Principal Fisheries Manager shall not create or vest in the licensee any estate, D0044/99 interest or right of a proprietary nature in the site; and 1.2 that, subject to section 53A of the Fisheries Act 1982, FISHERIES ACT 1982: SECTION 43 this licence does not entitle the licensee to exclusive rights of entry to and occupation of the site and that TAKE notice that it is hereby declared that it shall be unlawful the rights granted by this licence are exercisable by the for any person to engage in the class of fishing activity specified licensee in common with any other occupiers of the site in Schedule 1 during the periods specified in Schedule 2. from time to time. SCHEDULE 1 2. Marked-off Areas The act of taking or the act prepatory to or involved in the For the purposes of section 53A of the Fisheries Act 1982, the taking of Western King Prawn (Penaeus latisulcatus) in all waters marked-off areas within the site is that area or those areas of the West Coast prawn fishery between 0630 hours and 2000 marked-off or indicated in the manner set out in Item 2 of hours. Schedule 1 of this licence. SCHEDULE 2 3. Permitted Species 4 November 1999 to 15 November 1999. The licensee: Dated 3 November 1999. 3.1 must not farm or introduce any species at the site other W. ZACHARIN, Principal Fisheries Manager than the permitted species; and D0045/99 3.2 must not take any wild fish from the site except for recreational purposes. 4. Permitted Use FISHERIES ACT 1982. SECTION 43 The licensee must not use the site for any purpose other than TAKE notice that it is hereby declared that it shall be unlawful the permitted use. for any person to engage in the class of fishing activity specified in Schedule 1 during the periods specified in Schedule 2. 5. Permitted Methods SCHEDULE 1 The licensee: The act of taking or the act prepatory to or involved in the 5.1 must not stock the permitted species at a rate greater taking of Western King Prawn (Penaeus latisulcatus) in all waters than that specified in Schedule 2 of this licence; of the West Coast prawn fishery. 5.2 must not use the anti-fouling chemical tributyltin (TBT) SCHEDULE 2 on any equipment used at the site; 0630 hours on 16 November 1999 until 2400 hours an 31 5.3 must not use any chemical or drug for either therapeutic December 1999. or prophylactic purpose except with the prior approval Dated 3 November 1999. of the Minister; W. ZACHARIN, Principal Fisheries Manager 5.4 must apply the permitted farming methods set out in Item 2 of Schedule 2 of this licence. D0046/99 6. Marking and Maintaining the Site The licensee: FISHERIES ACT 1982 6.1 must ensure that the site is maintained in a good, tidy MARINE MOLLUSC FARMING LICENCE FM00027 and safe condition to the satisfaction of the Minister; (PREVIOUS LICENCE NO. F522) 6.2 must remove and lawfully dispose of any waste or debris Licence to Farm Fish under section 53 of the Fisheries on the site as soon as is reasonably practicable and in Act 1982 particular must comply with any guidelines issued from WHEREAS the Director of Fisheries has, pursuant to section time to time by the Minister in relation to the removal 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to from the site of any unhealthy or dead fish; the undermentioned licensee to release the fish specified in 6.3 must maintain all buoys, crosses, and markers on the site Item 1 of Schedule 2 of this licence (‘the permitted species’) and, in good condition and in accordance with the colours pursuant to section 48G (2) of the Act, the Director of Fisheries specified in Schedule 1 of this licence; and has also issued a permit to disturb the seabed for the purpose of installing structures necessary for the licensed activity at the 6.4 must mark the site boundary in accordance with the undermentioned site, the Minister for Primary Industries, Natural specifications in Schedule 1 of this licence. Resources and Regional Development (‘the Minister’) hereby 7. Site Inspection and Supervision grants to: The licensee: Geoff B. Turner (12147) Simon G. Turner (14576) 7.1 must at all times permit the Minister, his employees, Janet F. Turner (14575) agents or contractors or any employees, agents or 27 North Terrace contractors of the Crown to enter the site for the Cowell, S.A. 5602, purposes of inspecting the site, the sea floor and the flora and fauna on or in the vicinity of the site; and 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 7.2 must comply with all reasonable directions of any such farming and taking the permitted species (‘the permitted use’) for person authorised by the Director of Fisheries to inspect the period commencing on 1 July 1999 and ending, subject to any the conduct of the licensee’s activities at the site. earlier termination under this licence, on 30 June 2000 (‘the term’) subject to the following terms and conditions: 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2161

8. Fees and Returns 14. No Assignment The licensee: The licensee acknowledges that this licence is personal and it 8.1 must pay to the Minister the licence fee in accordance must not assign or sublet or deal in any other way with any with Item l of Schedule 3 of this licence; interest in this licence. Default by Licensee and Termination 8.2 must on or before 31 January and 31 July during the 15. term, submit to the Minister a return supplying all of The Minister may terminate this licence immediately by notice the information described in Schedule 4 of this licence. in writing served on the licensee if: 9. Compliance With Relevant Laws 15.1 the licensee commits or permits any breach or 9.1 the licensee must at all times comply with all laws, by- default of the obligations imposed on the licensee by laws or regulations in force which relate to the site or this licence, and following the giving by the Minister the activities conducted in the site and with all notices, of written notice of such breach or default, the orders or requirements lawfully given or made by any licensee either fails to rectify such breach or default authority or authorities in respect of the site; within one calendar month of the date of such notice (or earlier if the circumstances require) or fails to 9.2 in particular, without derogating from the general make diligent progress towards rectifying any such requirement under condition 9 of this licence: breach which is incapable of rectification within the 9.2.1 the licensee must not do or permit to be done in time so limited; or upon or about the site anything which in the 15.2 the licensee commits or permits any further breach opinion of the Minister would cause or contribute or default of the obligations imposed on the licensee to the degradation or pollution of any coastal by this licence for which the Minister has previously land or the surrounding marine environment; and given notice in writing of such breach or default 9.2.2 in the event that the Minister is satisfied, on pursuant to paragraph 1 of condition 15.1 notwith- reasonable grounds, that the fish taken from the standing rectification of the previous breach or waters are not fit for human consumption or that default; or consumption of fish taken from the waters could 15.3 the licence fee referred to in condition 8 is unpaid present a danger to the health of the consumer, for a period of 14 days after notice has been given to the licensee must, in accordance with a written the licensee that it is outstanding; or notice from the Minister, cease or suspend the conduct of the permitted use or else conduct the 15.4 if the licensee is a body corporate, any of the permitted use as directed within the notice. following occur: 10. Public Risk Liability 15.4.1 the licensee is unable to pay its debts as and when they fall due or is otherwise insolvent; The licensee must at all times indemnify the Minister, his officers, employees, contractors and agents from and against all 15.4.2 an order is made for the winding up or claims, demands, actions, judgments, proceedings, damages, losses, liquidation of the licensee; costs, charges and expenses in respect of any loss of life, personal 15.4.3 the licensee enters into a scheme of injury and/or damage to property caused or suffered in any arrangement, compromise, moratorium or manner in or about the site. other form of composition with its creditors 11. Release or any class of its creditors; The licensee must use and keep the site at the risk in all things 15.4.4 a receiver, a manager or a receiver and of the licensee and the licensee must release to the full extent manager, a company administrator or other permitted by law the Minister, his agents, contractors and insolvency administrator is appointed to the servants in the absence of any wilful act, omission, default or licensee; or neglect on their part from all claims and demands of every kind 15.4.5 a mortgagee, chargee or other encum- resulting from any accident damage or injury to persons or brancee is appointed over or takes property occurring at the site, including loss or damage to the possession of or appoints an agent to take licensee’s fixtures or personal property of the licensee. possession of all or any of the licensee’s 12. Public Risk Insurance assets; or The licensee shall at its own cost and expense during the term 15.5 if the licensee is an individual, the licensee: effect and keep in full force and effect in respect of the site and 15.5.1 becomes bankrupt or assigns its estate or the permitted use a policy of public risk insurance in the joint enters into a deed of arrangement or other names of the licensee and the Minister in which the limits of form of composition for the benefit of the public risk shall not be less than the amount specified in Item 2 of licensee’s creditors; or Schedule 3 of this licence, or such further amount as the Minister 15.5.2 is convicted of an indictable offence. may from time to time reasonably require, as the amount which may be paid out in respect of any one single claim and a policy of Termination of this licence by the Minister shall be insurance or copy thereof or a certificate of insurance shall be without prejudice to any rights, remedies or actions produced by the licensee to the Minister on request in writing that the Minister may have against the licensee in being made by the Minister for its production. respect of any antecedent breach by the licensee of the terms and conditions contained in this licence. 13. Guarantee or Indemnity Scheme 16. Interpretation The licensee must either: Subject to any inconsistency of subject or context, the 13.1 provide a guarantee from its bankers; or following rules of construction shall be used in the interpretation 13.2 contribute to an indemnity scheme established for of this licence: the aquaculture and fisheries industry and approved by 16.1 any word importing the plural includes the singular the Minister, and vice versa; to and in favour of and for the benefit of the Minister by way of 16.2 any wording importing a gender shall include all security for the due and punctual performance by the licensee of other genders; the terms and conditions of this licence and in particular the obligations of the licensee to rehabilitate the site immediately 16.3 a reference to a body corporate shall include a prior to the expiration or sooner determination of the term of natural person and vice versa; this licence. Such guarantee or indemnity scheme must have 16.4 a reference to a recital, party, clause, Schedule or effect from the date of commencement of the term. Annexure is a reference to a recital, party, clause, Schedule or Annexure of this licence; 2162 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

16.5 the captions, headings, section numbers and clause 21.2 The Minister and the licensee may each vary their numbers appearing in this licence are inserted only as address or facsimile number at any time by written a matter of convenience and in no way affect the notice. construction of this licence; Granted on behalf of the Minister by Director of Fisheries, 16.6 a reference to a statute shall include all statutes delegate of the Minister, on 22 October 1999. amending, consolidating or replacing the statutes G. R. MORGAN, Director of Fisheries referred to; The licensee hereby acknowledges and agrees to the terms and 16.7 where two or more persons are named as licensees, conditions of this licence. this licence shall bind the licensees jointly and each of them severally; and Signed by the said J. B. TURNER 16.8 time is of the essence in respect of any obligation In the presence of: J. F. TURNER, Witness relating to time in this licence. SCHEDULE 1 17. Delegation Item 1—The Site Any consent, notice, any consultation or any other thing Area applicable to this licence: which is pursuant to the terms of this licence either required to be given, done or performed or which may be given, done or Licensed Area Licensed performed by the Minister may for the purposes of this licence be Hectares properly given, done or performed by any duly authorised agent AGD 66—Zone 53 or employee of the Minister. 676750E 6265210N 10 18. Severance 677212E 6264844N 677522E 6264428N If any term or condition of this licence should be for any 677439E 6264384N reason unlawful, void, invalid or unenforceable then the offending 677146E 6264779N term or condition shall be severed from this licence without 676698E 6265133N affecting the validity or enforceability of the remainder of this licence. All structures, equipment, buoys and flotations (except for that required by the Department for Transport, Urban Planning and 19. Modification the Arts) must be black, dark grey, dark blue, dark brown, or dark No variation of or addition to any provision of this licence green coloured materials. shall be binding upon the Minister and the licensee unless such The boundary of the site to be marked either with: variation or addition is made in writing, signed by both the Minister and the licensee and expressed to be either supplemental (a) (1) At the corners with posts extending 900 mm above to or in substitution for the whole or a part of this licence. mean high water springs. Such posts to be marked with a St Andrews cross, each cross arm measuring 20. Waiver 900 mm from tip to tip, minimum width 75 mm. 20.1 A waiver of any provision of this licence by the (2) Posts to be not less than 125 mm in diameter. Minister must both be in writing and be signed by the Minister or by persons duly authorised to execute such (3) Posts and crosses to be painted yellow. a document on the Minister’s part. (4) The ends of each cross to be marked with a 20.2 No waiver by the Minister of a breach of a term or 200 mm strip of yellow retro-reflective tape. condition contained in this licence shall operate as a (5) Between the corner posts at intervals not exceeding waiver of any breach of the same or any other term 50 m, buoys not less than 300 mm in diameter. or condition contained in this licence. (6) All buoys, posts, crosses and markers must be 20.3 No forbearance, delay or indulgence by the Minister maintained in good condition. in enforcing the provisions of this licence shall prejudice or restrict the rights of the Minister. or (b) 21. Notices (1) At each corner, yellow spar buoys with a St Andrews cross as a top mark placed at least 21.1 Notices may be served by delivering the same 900 mm above the buoy, cross arms 900 mm long x personally, by mail or facsimile transmission and shall 75 mm wide. be: (2) The buoys and topmarks must all be coloured 21.1.1 in writing addressed to the Director of yellow and marked with a yellow retro-reflective as Fisheries, PIRSA, 16th Floor, 25 Grenfell in (a) (4). Street, Adelaide, S.A. 5000 (in the case of the Minister) and to the address of the (3) All buoys, posts, crosses and markers must be licensee set out above (in the case of the maintained in good condition. licensee); When the site is in navigable water and possible danger to navigation, lights must be placed on the top of each St Andrews 21.1.2 signed by or on behalf of the sender or by a cross that is located at each corner of the site and these lights person duly authorised in that regard by the must be yellow in colour and flashing once every 4 seconds and sender; visible over an arc of 360 degrees for a distance of at least one 21.1.3 deemed to be duly served or made in the mile. following circumstances: Item 2—Marked-Off Areas (a) if delivered, upon delivery; [Co-ordinates of developed areas within the site to be provided (b) if sending by mail, upon posting; by the licensee.] (c) if sent by facsimile transmission, upon White buoys of at least 12 inches in diameter must be placed the sender’s facsimile producing a around the whole of the perimeter of the developed areas within transmission report that the facsimile the site at a distance of no less than 50 m from one another. was satisfactorily sent in its entirety to the addressee’s facsimile number, SCHEDULE 2 Item 1¾Permitted Species but if delivery is not made before 5 p.m. on any day it shall be deemed to be received at The Director of Fisheries has, pursuant to section 50 (2) of the 9 a.m. on the next day in that place. Act, issued a permit for the release of the fish specified in this Schedule. Pacific Oysters (Crassostrea gigas) 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2163

Item 2¾Permitted Farming Methods FISHERIES ACT 1982 The Director of Fisheries has, pursuant to section 48G (2) of MARINE MOLLUSC FARMING LICENCE FM00031 the Act, issued a permit to disturb the seabed for the purpose of (PREVIOUS LICENCE NO. F529) installing the structures specified in this Schedule. Licence to Farm Fish under section 53 of the Fisheries Longlines Act 1982 Each unit must not exceed 100 m in length and 2 m in width, WHEREAS the Director of Fisheries has, pursuant to section and each unit must be at least 6 m from any other unit. 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to Item 3¾Stocking Rates the undermentioned licensee to release the fish specified in Item 1 of Schedule 2 of this licence (‘the permitted species’) and, Oysters pursuant to section 48G (2) of the Act, the Director of Fisheries Size (mm) Number per Hectare has also issued a permit to disturb the seabed for the purpose of installing structures necessary for the licensed activity at the 3 2 500 000 undermentioned site, the Minister for Primary Industries, Natural 10 1 600 000 Resources and Regional Development (‘the Minister’) hereby 20 1 100 000 grants to: 30 750 000 40 500 000 Leon K. Stott (13009) 50 350 000 Sections 4 and 5 Hundred of Moule 60 200 000 Ceduna, S.A. 5690, 70 150 000 a non-exclusive licence to occupy and use the waters specified in 80 100 000 Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of SCHEDULE 3 farming and taking the permitted species (‘the permitted use’) for the period commencing on 1 July 1999 and ending, subject to any Item 1—Fees earlier termination under this licence, on 30 June 2000 (‘the Annual licence fees are: term’) subject to the following terms and conditions: $ CONDITIONS OF THIS LICENCE FRDC Levy per hectare 10 at $12.50 each...... 125.00 1. Licence EMP Fee per hectare 10 at $22.96 each...... 229.60 The parties acknowledge and agree that: Base Licence Fee per hectare 10 at $57.00 each...... 570.00 SASQAP (Classified Area) per hectare 10 at $60.00 1.1 the rights, powers and privileges granted to or vested in each...... 600.00 the licensee under this licence are contractual only and Total Annual Licence Fee ...... 1 524.60 shall not create or vest in the licensee any estate, interest or right of a proprietary nature in the site; and Quarterly Instalments...... 381.15 1.2 that, subject to section 53A of the Fisheries Act 1982, Item 2—Public Risk Insurance this licence does not entitle the licensee to exclusive Five million dollars ($5 000 000). rights of entry to and occupation of the site and that the rights granted by this licence are exercisable by the SCHEDULE 4 licensee in common with any other occupiers of the site Returns from time to time. The licensee must submit the following information to the 2. Marked-off Areas Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 For the purposes of section 53A of the Fisheries Act 1982, the Grenfell Street, G.P.O. Box 1625, Adelaide, S.A. 5000 on or marked-off areas within the site is that area or those areas before 31 January and 31 July during the term of this licence: marked-off or indicated in the manner set out in Item 2 of 1. Name of licensee. Schedule 1 of this licence. 2. Address of licensee. 3. Permitted Species 3. Species of fish farmed and held on the site. The licensee: 4. Location of aquaculture operation. 3.1 must not farm or introduce any species at the site other 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 9. Source (whether interstate or intrastate) of any stock the permitted use. acquired and date of acquisition (if relevant, include name 5. Permitted Methods of authority that provided certification that stock was free from disease). The licensee: 10. If any fish were brought into the state, the number of 5.1 must not stock the permitted species at a rate greater fish and the life stage of the fish. than that specified in Schedule 2 of this licence; 11. If fish were brought into the state, the purpose for which 5.2 must not use the anti-fouling chemical tributyltin (TBT) they were brought in. on any equipment used at the site; 12. Method of disposal of water and packaging use for 5.3 must not use any chemical or drug for either therapeutic transporting the fish. or prophylactic purpose except with the prior approval of the Minister; 13. If any disease or symptom of disease occurred in the acquired fish. 5.4 must apply the permitted farming methods set out in Item 2 of Schedule 2 of this licence. 14. Method of disposal of diseased or dead fish and the number disposed of. 6. Marking and Maintaining the Site 15. Signature, date and telephone number. The licensee: 16. Use of any chemicals for fish husbandry—type of 6.1 must ensure that the site is maintained in a good, tidy chemical and quantity used, purpose and date of use. and safe condition to the satisfaction of the Minister; 2164 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

6.2 must remove and lawfully dispose of any waste or debris 12. Public Risk Insurance on the site as soon as is reasonably practicable and in The licensee shall at its own cost and expense during the term particular must comply with any guidelines issued from effect and keep in full force and effect in respect of the site and time to time by the Minister in relation to the removal the permitted use a policy of public risk insurance in the joint from the site of any unhealthy or dead fish; names of the licensee and the Minister in which the limits of 6.3 must maintain all buoys, crosses, and markers on the site public risk shall not be less than the amount specified in Item 2 of in good condition and in accordance with the colours Schedule 3 of this licence, or such further amount as the Minister specified in Schedule 1 of this licence; and may from time to time reasonably require, as the amount which 6.4 must mark the site boundary in accordance with the may be paid out in respect of any one single claim and a policy of specifications in Schedule 1 of this licence. insurance or copy thereof or a certificate of insurance shall be produced by the licensee to the Minister on request in writing 7. Site Inspection and Supervision being made by the Minister for its production. The licensee: 13. Guarantee or Indemnity Scheme 7.1 must at all times permit the Minister, his employees, The licensee must either: agents or contractors or any employees, agents or contractors of the Crown to enter the site for the 13.1 provide a guarantee from its bankers; or purposes of inspecting the site, the sea floor and the 13.2 contribute to an indemnity scheme established for flora and fauna on or in the vicinity of the site; and the aquaculture and fisheries industry and approved by 7.2 must comply with all reasonable directions of any such the Minister, person authorised by the Director of Fisheries to inspect to and in favour of and for the benefit of the Minister by way of the conduct of the licensee’s activities at the site. security for the due and punctual performance by the licensee of 8. Fees and Returns the terms and conditions of this licence and in particular the obligations of the licensee to rehabilitate the site immediately The licensee: prior to the expiration or sooner determination of the term of 8.1 must pay to the Minister the licence fee in accordance this licence. Such guarantee or indemnity scheme must have with Item l of Schedule 3 of this licence; effect from the date of commencement of the term. 8.2 must on or before 31 January and 31 July during the 14. No Assignment term, submit to the Minister a return supplying all of The licensee acknowledges that this licence is personal and it the information described in Schedule 4 of this licence. must not assign or sublet or deal in any other way with any 9. Compliance With Relevant Laws interest in this licence. 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 time so limited; or 9.2.2 in the event that the Minister is satisfied, on 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 that it is outstanding; or The licensee must at all times indemnify the Minister, his 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 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2165

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 Termination of this licence by the Minister shall be person duly authorised in that regard by the without prejudice to any rights, remedies or actions sender; 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; Interpretation 16. (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 16.3 a reference to a body corporate shall include a 9 a.m. on the next day in that place. natural person and vice versa; 21.2 The Minister and the licensee may each vary their 16.4 a reference to a recital, party, clause, Schedule or address or facsimile number at any time by written Annexure is a reference to a recital, party, clause, notice. Schedule or Annexure of this licence; Granted on behalf of the Minister by Director of Fisheries, 16.5 the captions, headings, section numbers and clause delegate of the Minister, on 2 November 1999. numbers appearing in this licence are inserted only as G. R. 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 L. K. STOTT amending, consolidating or replacing the statutes referred to; In the presence of: C. STOTT, Witness 16.7 where two or more persons are named as licensees, SCHEDULE 1 this licence shall bind the licensees jointly and each of Item 1—The Site them severally; and Area applicable to this licence: 16.8 time is of the essence in respect of any obligation relating to time in this licence. Licensed Area Licensed Hectares 17. Delegation AGD 66—Zone 53 Any consent, notice, any consultation or any other thing 366054E 6444507N 10 which is pursuant to the terms of this licence either required to be 366337E 6444491N given, done or performed or which may be given, done or 366412E 6444182N performed by the Minister may for the purposes of this licence be 366038E 6444204N properly given, done or performed by any duly authorised agent or employee of the Minister. All structures, equipment, buoys and flotations (except for that required by the Department for Transport, Urban Planning and 18. Severance the Arts) must be black, dark grey, dark blue, dark brown, or dark If any term or condition of this licence should be for any green coloured materials. reason unlawful, void, invalid or unenforceable then the offending The boundary of the site to be marked either with: term or condition shall be severed from this licence without affecting the validity or enforceability of the remainder of this (a) (1) At the corners with posts extending 900 mm above licence. mean high water springs. Such posts to be marked with a St Andrews cross, each cross arm measuring 19. Modification 900 mm from tip to tip, minimum width 75 mm. No variation of or addition to any provision of this licence (2) Posts to be not less than 125 mm in diameter. shall be binding upon the Minister and the licensee unless such variation or addition is made in writing, signed by both the (3) Posts and crosses to be painted yellow. Minister and the licensee and expressed to be either supplemental (4) The ends of each cross to be marked with a to or in substitution for the whole or a part of this licence. 200 mm strip of yellow retro-reflective tape. 20. Waiver (5) Between the corner posts at intervals not exceeding 20.1 A waiver of any provision of this licence by the 50 m, buoys not less than 300 mm in diameter. Minister must both be in writing and be signed by the (6) All buoys, posts, crosses and markers must be Minister or by persons duly authorised to execute such maintained in good condition. a document on the Minister’s part. or 20.2 No waiver by the Minister of a breach of a term or (b) condition contained in this licence shall operate as a (1) At each corner, yellow spar buoys with a St waiver of any breach of the same or any other term Andrews cross as a top mark placed at least or condition contained in this licence. 900 mm above the buoy, cross arms 900 mm long x 75 mm wide. 20.3 No forbearance, delay or indulgence by the Minister in enforcing the provisions of this licence shall (2) The buoys and topmarks must all be coloured prejudice or restrict the rights of the Minister. yellow and marked with a yellow retro-reflective as in (a) (4). 2166 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

(3) All buoys, posts, crosses and markers must be 9. Source (whether interstate or intrastate) of any stock maintained in good condition. acquired and date of acquisition (if relevant, include name When the site is in navigable water and possible danger to of authority that provided certification that stock was navigation, lights must be placed on the top of each St Andrews free from disease). cross that is located at each corner of the site and these lights 10. If any fish were brought into the state, the number of must be yellow in colour and flashing once every 4 seconds and fish and the life stage of the fish. visible over an arc of 360 degrees for a distance of at least one mile. 11. If fish were brought into the state, the purpose for which they were brought in. Item 2—Marked-Off Areas 12. Method of disposal of water and packaging use for [Co-ordinates of developed areas within the site to be provided transporting the fish. by the licensee.] 13. If any disease or symptom of disease occurred in the White buoys of at least 12 inches in diameter must be placed acquired fish. around the whole of the perimeter of the developed areas within 14. Method of disposal of diseased or dead fish and the the site at a distance of no less than 50 m from one another. number disposed of. SCHEDULE 2 15. Signature, date and telephone number. Item 1¾Permitted Species 16. Use of any chemicals for fish husbandry—type of The Director of Fisheries has, pursuant to section 50 (2) of the chemical and quantity used, purpose and date of use. Act, issued a permit for the release of the fish specified in this Schedule. FISHERIES ACT 1982: SECTION 48G (2) Pacific Oysters (Crassostrea gigas) Item 2¾Permitted Farming Methods TAKE notice that pursuant to section 48G (2) of the Fisheries Act 1982, I hereby authorise Leon K. Stott, Sections 4 and 5, The Director of Fisheries has, pursuant to section 48G (2) of Hundred of Moule, Ceduna, S.A. 5690 (hereinafter referred to as the Act, issued a permit to disturb the seabed for the purpose of the ‘permit holder’) to disturb the seabed of the site specified in installing the structures specified in this Schedule. Item 1 of the Schedule for the purpose only of installing the Longlines structures specified in Item 2 of the Schedule in accordance with Marine Mollusc Farming Licence Number FM00031 (such Each unit must not exceed 100 m in length and 2 m in width, structures not to be installed on the seabed itself) for the period and each unit must be at least 6 m from any other unit. commencing 1 July 1999 and ending upon the expiration or Item 3¾Stocking Rates earlier termination of Marine Mollusc Farming Licence Number FM00031, issued pursuant to section 53 of the Fisheries Act Oysters 1982. Size (mm) Number per Hectare SCHEDULE 1 3 2 500 000 Item 1—Location Co-ordinates 10 1 600 000 20 1 100 000 Licensed Area Licensed 30 750 000 Hectares 40 500 000 AGD 66—Zone 53 50 350 000 366054E 6444507N 10 60 200 000 366337E 6444491N 70 150 000 366412E 6444182N 80 100 000 366038E 6444204N SCHEDULE 3 Item 2—Structures to be installed Item 1—Fees Longlines Annual licence fees are: 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. FRDC levy per hectare 10 at $12.50 each...... 125.00 Dated 2 November 1999. EMP fee per hectare 10 at $22.96 each ...... 229.60 Base Licence Fee per hectare 10 at $57 each...... 570.00 G. R. MORGAN, Director of Fisheries SASQAP (classified area) per hectare, 10 at $60 each...... 600.00 FISHERIES ACT 1982: SECTION 50 (2) Total Annual Licence Fee ...... 1 524.60 TAKE notice that pursuant to section 50 (2) of the Fisheries Act Quarterly instalments...... 381.15 1982, I hereby authorise Leon K. Stott, Sections 4 and 5, Hundred of Moule, Ceduna, S.A. 5690 (hereinafter referred to as Item 2—Public Risk Insurance the ‘permit holder’) to engage in the activities and to do the acts Five million dollars ($5 000 000). specified in Schedule 1, subject to the conditions specified in Schedule 2 from the date of this permit ending upon the SCHEDULE 4 expiration or earlier termination of Licence Number FM00031. Returns SCHEDULE 1 The licensee must submit the following information to the The importation and release of Pacific Oysters, (Crassostrea Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 gigas) within the water defined by the following co-ordinates: Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and 31 July during the term of this licence: Licensed Area Licensed Hectares 1. Name of licensee. AGD 66—Zone 53 2. Address of licensee. 366054E 6444507N 10 3. Species of fish farmed and held on the site. 366337E 6444491N 366412E 6444182N 4. Location of aquaculture operation. 366038E 6444204N 5. Period covered by return. SCHEDULE 2 6. Number of life stage of each species of fish held. 1. Fish obtained within South Australia for use in the fish farm 7. Number, weight and value of each species of fish held. shall only be obtained from registered fish farmers, licensed fishers or other persons approved by the Director of Fisheries. 8. Details of any disease detected in any fish kept. 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2167

2. The permit holder shall not import any live fish (ova, fry or 4. Permitted Use adult) into South Australia unless the shipment has certification The licensee must not use the site for any purpose other than from an appropriate authority in the State from which they are the permitted use. obtained that they are free from all relevant notifiable diseases listed in Schedule 4 or the Fisheries (Exotic Fish, Fish Farming 5. Permitted Methods and Fish Diseases) Regulations 1984. The licensee: 3. Any oysters brought into South Australia must undergo a 5.1 must not stock the permitted species at a rate greater soakage process whereby they are completely submerged in fresh than that specified in Schedule 2 of this licence; water for a period of not less than 2 hours before being placed in the approved structures. Fresh water is deemed to be water 5.2 must not use the anti-fouling chemical tributyltin (TBT) suitable for human consumption or horticultural or agricultural on any equipment used at the site; use. 5.3 must not use any chemical or drug for either therapeutic 4. The permit holder shall not contravene or fail to comply or prophylactic purpose except with the prior approval with the Fisheries Act 1982, or any regulations made under the of the Minister; Act, except where specifically permitted by this notice. 5.4 must apply the permitted farming methods set out in 5. The permit holder must retain the copy of this permit which Item 2 of Schedule 2 of this licence. has been supplied by the Director of Fisheries, and if requested by 6. Marking and Maintaining the Site a Fisheries and Aquaculture Officer, produce that permit for inspection. The licensee: Dated 2 November 1999. 6.1 must ensure that the site is maintained in a good, tidy and safe condition to the satisfaction of the Minister; G. R. MORGAN, Director of Fisheries 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 FM00032 from the site of any unhealthy or dead fish; (PREVIOUS LICENCE NO. F530) 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 West-Eyre Shellfish (12154) 59 Bergmann Drive 7.2 must comply with all reasonable directions of any such Ceduna, S.A. 5690, 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 July 1999 and ending, subject to any earlier termination under this licence, on 30 June 2000 (‘the 8.1 must pay to the Minister the licence fee in accordance term’) subject to the following terms and conditions: with Item l of Schedule 3 of this licence; CONDITIONS OF THIS LICENCE 8.2 must on or before 31 January and 31 July during the 1. Licence term, submit to the Minister a return supplying all of the information described in Schedule 4 of this licence. The parties acknowledge and agree that: 9. Compliance With Relevant Laws 1.1 the rights, powers and privileges granted to or vested in the licensee under this licence are contractual only and 9.1 the licensee must at all times comply with all laws, by- shall not create or vest in the licensee any estate, laws or regulations in force which relate to the site or interest or right of a proprietary nature in the site; and the activities conducted in the site and with all notices, orders or requirements lawfully given or made by any 1.2 that, subject to section 53A of the Fisheries Act 1982, authority or authorities in respect of the site; this licence does not entitle the licensee to exclusive rights of entry to and occupation of the site and that 9.2 in particular, without derogating from the general the rights granted by this licence are exercisable by the requirement under condition 9 of this licence: licensee in common with any other occupiers of the site 9.2.1 the licensee must not do or permit to be done in from time to time. upon or about the site anything which in the 2. Marked-off Areas opinion of the Minister would cause or contribute to the degradation or pollution of any coastal For the purposes of section 53A of the Fisheries Act 1982, the land or the surrounding marine environment; and 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 9.2.2 in the event that the Minister is satisfied, on Schedule 1 of this licence. reasonable grounds, that the fish taken from the waters are not fit for human consumption or that 3. Permitted Species consumption of fish taken from the waters could The licensee: present a danger to the health of the consumer, the licensee must, in accordance with a written 3.1 must not farm or introduce any species at the site other notice from the Minister, cease or suspend the than the permitted species; and conduct of the permitted use or else conduct the 3.2 must not take any wild fish from the site except for permitted use as directed within the notice. recreational purposes. 2168 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

10. Public Risk Liability 15.4.3 the licensee enters into a scheme of The licensee must at all times indemnify the Minister, his arrangement, compromise, moratorium or officers, employees, contractors and agents from and against all other form of composition with its creditors claims, demands, actions, judgments, proceedings, damages, losses, or any class of its creditors; costs, charges and expenses in respect of any loss of life, personal 15.4.4 a receiver, a manager or a receiver and injury and/or damage to property caused or suffered in any manager, a company administrator or other manner in or about the site. insolvency administrator is appointed to the 11. Release licensee; or The licensee must use and keep the site at the risk in all things 15.4.5 a mortgagee, chargee or other encum- of the licensee and the licensee must release to the full extent brancee is appointed over or takes permitted by law the Minister, his agents, contractors and possession of or appoints an agent to take servants in the absence of any wilful act, omission, default or possession of all or any of the licensee’s neglect on their part from all claims and demands of every kind assets; or resulting from any accident damage or injury to persons or 15.5 if the licensee is an individual, the licensee: property occurring at the site, including loss or damage to the 15.5.1 becomes bankrupt or assigns its estate or licensee’s fixtures or personal property of the licensee. enters into a deed of arrangement or other 12. Public Risk Insurance form of composition for the benefit of the The licensee shall at its own cost and expense during the term licensee’s creditors; or effect and keep in full force and effect in respect of the site and 15.5.2 is convicted of an indictable offence. the permitted use a policy of public risk insurance in the joint Termination of this licence by the Minister shall be names of the licensee and the Minister in which the limits of without prejudice to any rights, remedies or actions public risk shall not be less than the amount specified in Item 2 of that the Minister may have against the licensee in Schedule 3 of this licence, or such further amount as the Minister respect of any antecedent breach by the licensee of may from time to time reasonably require, as the amount which the terms and conditions contained in this licence. may be paid out in respect of any one single claim and a policy of insurance or copy thereof or a certificate of insurance shall be 16. Interpretation produced by the licensee to the Minister on request in writing Subject to any inconsistency of subject or context, the being made by the Minister for its production. following rules of construction shall be used in the interpretation 13. Guarantee or Indemnity Scheme of this licence: The licensee must either: 16.1 any word importing the plural includes the singular and vice versa; 13.1 provide a guarantee from its bankers; or 16.2 any wording importing a gender shall include all 13.2 contribute to an indemnity scheme established for other genders; the aquaculture and fisheries industry and approved by the Minister, 16.3 a reference to a body corporate shall include a natural person and vice versa; to and in favour of and for the benefit of the Minister by way of security for the due and punctual performance by the licensee of 16.4 a reference to a recital, party, clause, Schedule or the terms and conditions of this licence and in particular the Annexure is a reference to a recital, party, clause, obligations of the licensee to rehabilitate the site immediately Schedule or Annexure of this licence; prior to the expiration or sooner determination of the term of 16.5 the captions, headings, section numbers and clause this licence. Such guarantee or indemnity scheme must have numbers appearing in this licence are inserted only as effect from the date of commencement of the term. a matter of convenience and in no way affect the 14. No Assignment construction of this licence; The licensee acknowledges that this licence is personal and it 16.6 a reference to a statute shall include all statutes must not assign or sublet or deal in any other way with any amending, consolidating or replacing the statutes interest in this licence. referred to; 15. Default by Licensee and Termination 16.7 where two or more persons are named as licensees, this licence shall bind the licensees jointly and each of The Minister may terminate this licence immediately by notice them severally; and in writing served on the licensee if: 16.8 time is of the essence in respect of any obligation 15.1 the licensee commits or permits any breach or relating to time in this licence. default of the obligations imposed on the licensee by this licence, and following the giving by the Minister 17. Delegation of written notice of such breach or default, the Any consent, notice, any consultation or any other thing licensee either fails to rectify such breach or default which is pursuant to the terms of this licence either required to be within one calendar month of the date of such notice given, done or performed or which may be given, done or (or earlier if the circumstances require) or fails to performed by the Minister may for the purposes of this licence be make diligent progress towards rectifying any such properly given, done or performed by any duly authorised agent breach which is incapable of rectification within the or employee of the Minister. time so limited; or 18. Severance 15.2 the licensee commits or permits any further breach or default of the obligations imposed on the licensee If any term or condition of this licence should be for any by this licence for which the Minister has previously reason unlawful, void, invalid or unenforceable then the offending given notice in writing of such breach or default term or condition shall be severed from this licence without pursuant to paragraph 1 of condition 15.1 notwith- affecting the validity or enforceability of the remainder of this standing rectification of the previous breach or licence. default; or 19. Modification 15.3 the licence fee referred to in condition 8 is unpaid No variation of or addition to any provision of this licence for a period of 14 days after notice has been given to shall be binding upon the Minister and the licensee unless such the licensee that it is outstanding; or variation or addition is made in writing, signed by both the 15.4 if the licensee is a body corporate, any of the Minister and the licensee and expressed to be either supplemental following occur: to or in substitution for the whole or a part of this licence. 15.4.1 the licensee is unable to pay its debts as and 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. 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2169

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 Notices Andrews cross as a top mark placed at least 21. 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) The buoys and topmarks must all be coloured be: yellow and marked with a yellow retro-reflective as 21.1.1 in writing addressed to the Director of in (a) (4). Fisheries, PIRSA, 16th Floor, 25 Grenfell (3) All buoys, posts, crosses and markers must be Street, Adelaide, S.A. 5000 (in the case of maintained in good condition. the Minister) and to the address of the licensee set out above (in the case of the When the site is in navigable water and possible danger to 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 21.1.2 signed by or on behalf of the sender or by a must be yellow in colour and flashing once every 4 seconds and person duly authorised in that regard by the visible over an arc of 360 degrees for a distance of at least one sender; mile. 21.1.3 deemed to be duly served or made in the Item 2—Marked-Off Areas following circumstances: (a) [Co-ordinates of developed areas within the site to be provided if delivered, upon delivery; by the licensee.] (b) if sending by mail, upon posting; White buoys of at least 12 inches in diameter must be placed (c) if sent by facsimile transmission, upon around the whole of the perimeter of the developed areas within the sender’s facsimile producing a the site at a distance of no less than 50 m from one another. transmission report that the facsimile SCHEDULE 2 was satisfactorily sent in its entirety to the addressee’s facsimile number, Item 1¾Permitted Species but if delivery is not made before 5 p.m. on The Director of Fisheries has, pursuant to section 50 (2) of the any day it shall be deemed to be received at Act, issued a permit for the release of the fish specified in this 9 a.m. on the next day in that place. Schedule. 21.2 The Minister and the licensee may each vary their Pacific Oysters (Crassostrea gigas) address or facsimile number at any time by written Item 2¾Permitted Farming Methods notice. The Director of Fisheries has, pursuant to section 48G (2) of Granted on behalf of the Minister by Director of Fisheries, the Act, issued a permit to disturb the seabed for the purpose of delegate of the Minister, on 2 November 1999. installing the structures specified in this Schedule. G. R. MORGAN, Director of Fisheries Longlines The licensee hereby acknowledges and agrees to the terms and Each unit must not exceed 100 m in length and 2 m in width, conditions of this licence. and each unit must be at least 6 m from any other unit. Signed by the said G. B. SEIDL Item 3¾Stocking Rates In the presence of: W. SEIDL, Witness Oysters SCHEDULE 1 Size (mm) Number per Hectare Item 1—The Site 3 2 500 000 Area applicable to this licence: 10 1 600 000 20 1 100 000 Licensed Area Licensed 30 750 000 Hectares 40 500 000 AGD 66—Zone 53 50 350 000 366065E 6444603N 10 60 200 000 366083E 6444933N 70 150 000 366385E 6444920N 80 100 000 366368E 6444591N SCHEDULE 3 All structures, equipment, buoys and flotations (except for that Item 1—Fees required by the Department for Transport, Urban Planning and the Arts) must be black, dark grey, dark blue, dark brown, or dark Annual licence fees are: green coloured materials. $ The boundary of the site to be marked either with: FRDC levy per hectare 10 at $12.50 each ...... 125.00 (a) EMP fee per hectare 10 at $22.96 each...... 229.60 (1) At the corners with posts extending 900 mm above Base Licence Fee per hectare 10 at $57 each...... 570.00 mean high water springs. Such posts to be marked SASQAP (classified area) per hectare 10 at $60 each 600.00 with a St Andrews cross, each cross arm measuring 900 mm from tip to tip, minimum width 75 mm. Total Annual Licence Fee...... 1 524.60 (2) Posts to be not less than 125 mm in diameter. Quarterly instalments...... 381.15 Item 2—Public Risk Insurance (3) Posts and crosses to be painted yellow. (4) The ends of each cross to be marked with a Five million dollars ($5 000 000). 200 mm strip of yellow retro-reflective tape. 2170 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

SCHEDULE 4 SCHEDULE 1 Returns The importation and release of Pacific Oysters, (Crassostrea gigas The licensee must submit the following information to the ) within the waters defined by the following co-ordinates: Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 Licensed Area Licensed Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and Hectares 31 July during the term of this licence: AGD 66—Zone 53 1. Name of licensee. 366065E 6444603N 10 366083E 6444933N 2. Address of licensee. 366385E 6444920N 3. Species of fish farmed and held on the site. 366368E 6444591N 4. Location of aquaculture operation. SCHEDULE 2 5. Period covered by return. 1. Fish obtained within South Australia for use in the fish farm shall only be obtained from registered fish farmers, licensed 6. Number of life stage of each species of fish held. fishers or other persons approved by the Director of Fisheries. 7. Number, weight and value of each species of fish held. 2. The permit holder shall not import any live fish (ova, fry or 8. Details of any disease detected in any fish kept. adult) into South Australia unless the shipment has certification 9. Source (whether interstate or intrastate) of any stock from an appropriate authority in the State from which they are acquired and date of acquisition (if relevant, include name obtained that they are free from all relevant notifiable diseases of authority that provided certification that stock was listed in Schedule 4 or the Fisheries (Exotic Fish, Fish Farming free from disease). and Fish Diseases) Regulations 1984. 10. If any fish were brought into the state, the number of 3. Any oysters brought into South Australia must undergo a fish and the life stage of the fish. soakage process whereby they are completely submerged in fresh water for a period of not less than 2 hours before being placed in 11. If fish were brought into the state, the purpose for which the approved structures. Fresh water is deemed to be water they were brought in. suitable for human consumption or horticultural or agricultural 12. Method of disposal of water and packaging use for use. transporting the fish. 4. The permit holder shall not contravene or fail to comply 13. If any disease or symptom of disease occurred in the with the Fisheries Act 1982, or any regulations made under the acquired fish. Act, except where specifically permitted by this notice. 14. Method of disposal of diseased or dead fish and the 5. The permit holder must retain the copy of this permit which number disposed of. has been supplied by the Director of Fisheries, and if requested by a Fisheries and Aquaculture Officer, produce that permit for 15. Signature, date and telephone number. inspection. 16. Use of any chemicals for fish husbandry—type of Dated 2 November 1999. chemical and quantity used, purpose and date of use. G. R. MORGAN, Director of Fisheries

FISHERIES ACT 1982: SECTION 48G (2) FISHERIES ACT 1982 TAKE notice that pursuant to section 48G (2) of the Fisheries Act 1982, I hereby authorise West-Eyre Shellfish, 59 Bergmann MARINE MOLLUSC FARMING LICENCE FM00037 Drive, Ceduna, S.A. 5690 (hereinafter referred to as the ‘permit (PREVIOUS LICENCE NO. F557) holder’) to disturb the seabed of the site specified in Item 1 of the Licence to Farm Fish under section 53 of the Fisheries Schedule for the purpose only of installing the structures specified Act 1982 in Item 2 of the Schedule in accordance with Marine Mollusc Farming Licence Number FM00032 (such structures not to be WHEREAS the Director of Fisheries has, pursuant to section installed on the seabed itself) for the period commencing 1 July 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to 1999 and ending upon the expiration or earlier termination of the undermentioned licensee to release the fish specified in Marine Mollusc Farming Licence Number FM00032, issued Item 1 of Schedule 2 of this licence (‘the permitted species’) and, pursuant to section 53 of the Fisheries Act 1982. 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 SCHEDULE 1 installing structures necessary for the licensed activity at the Item 1—Location Co-ordinates undermentioned site, the Minister for Primary Industries, Natural Resources and Regional Development (‘the Minister’) hereby Licensed Area Licensed grants to: Hectares AGD 66—Zone 53 West Coast Oysters (12161) 70 Esplanade 366065E 6444603N 10 Cowell, S.A. 5602, 366083E 6444933N 366385E 6444920N a non-exclusive licence to occupy and use the waters specified in 366368E 6444591N Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of farming and taking the permitted species (‘the permitted use’) for Item 2—Structures to be installed the period commencing on 1 July 1999 and ending, subject to any Longlines earlier termination under this licence, on 30 June 2000 (‘the term’) subject to the following terms and conditions: 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. CONDITIONS OF THIS LICENCE 1. Licence Dated 2 November 1999. The parties acknowledge and agree that: G. R. MORGAN, Director of Fisheries 1.1 the rights, powers and privileges granted to or vested in FISHERIES ACT 1982: SECTION 50 (2) the licensee under this licence are contractual only and shall not create or vest in the licensee any estate, TAKE notice that pursuant to section 50 (2) of the Fisheries Act interest or right of a proprietary nature in the site; and 1982, I hereby authorise West-Eyre Shellfish, 59 Bergmann Drive, Ceduna, S.A. 5690 (hereinafter referred to as the ‘permit 1.2 that, subject to section 53A of the Fisheries Act 1982, holder’) to engage in the activities and to do the acts specified in this licence does not entitle the licensee to exclusive Schedule 1, subject to the conditions specified in Schedule 2 from rights of entry to and occupation of the site and that the date of this permit ending upon the expiration or earlier the rights granted by this licence are exercisable by the termination of Licence Number FM00032. licensee in common with any other occupiers of the site from time to time. 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2171

2. Marked-off Areas present a danger to the health of the consumer, For the purposes of section 53A of the Fisheries Act 1982, the the licensee must, in accordance with a written marked-off areas within the site is that area or those areas notice from the Minister, cease or suspend the marked-off or indicated in the manner set out in Item 2 of conduct of the permitted use or else conduct the Schedule 1 of this licence. permitted use as directed within the notice. Public Risk Liability 3. Permitted Species 10. The licensee: The licensee must at all times indemnify the Minister, his officers, employees, contractors and agents from and against all 3.1 must not farm or introduce any species at the site other claims, demands, actions, judgments, proceedings, damages, losses, than the permitted species; and costs, charges and expenses in respect of any loss of life, personal 3.2 must not take any wild fish from the site except for injury and/or damage to property caused or suffered in any recreational purposes. manner in or about the site. 4. Permitted Use 11. Release The licensee must not use the site for any purpose other than The licensee must use and keep the site at the risk in all things the permitted use. of the licensee and the licensee must release to the full extent permitted by law the Minister, his agents, contractors and 5. Permitted Methods servants in the absence of any wilful act, omission, default or The licensee: neglect on their part from all claims and demands of every kind resulting from any accident damage or injury to persons or 5.1 must not stock the permitted species at a rate greater property occurring at the site, including loss or damage to the than that specified in Schedule 2 of this licence; licensee’s fixtures or personal property of the licensee. 5.2 must not use the anti-fouling chemical tributyltin (TBT) 12. Public Risk Insurance on any equipment used at the site; The licensee shall at its own cost and expense during the term 5.3 must not use any chemical or drug for either therapeutic effect and keep in full force and effect in respect of the site and or prophylactic purpose except with the prior approval the permitted use a policy of public risk insurance in the joint of the Minister; names of the licensee and the Minister in which the limits of 5.4 must apply the permitted farming methods set out in public risk shall not be less than the amount specified in Item 2 of Item 2 of Schedule 2 of this licence. Schedule 3 of this licence, or such further amount as the Minister may from time to time reasonably require, as the amount which 6. Marking and Maintaining the Site may be paid out in respect of any one single claim and a policy of The licensee: insurance or copy thereof or a certificate of insurance shall be produced by the licensee to the Minister on request in writing 6.1 must ensure that the site is maintained in a good, tidy being made by the Minister for its production. and safe condition to the satisfaction of the Minister; 13. Guarantee or Indemnity Scheme 6.2 must remove and lawfully dispose of any waste or debris on the site as soon as is reasonably practicable and in The licensee must either: particular must comply with any guidelines issued from 13.1 provide a guarantee from its bankers; or time to time by the Minister in relation to the removal from the site of any unhealthy or dead fish; 13.2 contribute to an indemnity scheme established for the aquaculture and fisheries industry and approved by 6.3 must maintain all buoys, crosses, and markers on the site the Minister, in good condition and in accordance with the colours specified in Schedule 1 of this licence; and 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 6.4 must mark the site boundary in accordance with the the terms and conditions of this licence and in particular the specifications in Schedule 1 of this licence. obligations of the licensee to rehabilitate the site immediately 7. Site Inspection and Supervision prior to the expiration or sooner determination of the term of this licence. Such guarantee or indemnity scheme must have The licensee: effect from the date of commencement of the term. 7.1 must at all times permit the Minister, his employees, 14. No Assignment agents or contractors or any employees, agents or contractors of the Crown to enter the site for the The licensee acknowledges that this licence is personal and it purposes of inspecting the site, the sea floor and the must not assign or sublet or deal in any other way with any flora and fauna on or in the vicinity of the site; and interest in this licence. 7.2 must comply with all reasonable directions of any such 15. Default by Licensee and Termination person authorised by the Director of Fisheries to inspect The Minister may terminate this licence immediately by notice the conduct of the licensee’s activities at the site. in writing served on the licensee if: 8. Fees and Returns 15.1 the licensee commits or permits any breach or The licensee: default of the obligations imposed on the licensee by this licence, and following the giving by the Minister 8.1 must pay to the Minister the licence fee in accordance of written notice of such breach or default, the with Item l of Schedule 3 of this licence; licensee either fails to rectify such breach or default 8.2 must on or before 31 January and 31 July during the within one calendar month of the date of such notice term, submit to the Minister a return supplying all of (or earlier if the circumstances require) or fails to the information described in Schedule 4 of this licence. make diligent progress towards rectifying any such 9. Compliance With Relevant Laws breach which is incapable of rectification within the time so limited; or 9.1 the licensee must at all times comply with all laws, by- laws or regulations in force which relate to the site or 15.2 the licensee commits or permits any further breach the activities conducted in the site and with all notices, or default of the obligations imposed on the licensee orders or requirements lawfully given or made by any by this licence for which the Minister has previously authority or authorities in respect of the site; given notice in writing of such breach or default pursuant to paragraph 1 of condition 15.1 notwith- 9.2 in particular, without derogating from the general standing rectification of the previous breach or requirement under condition 9 of this licence: default; or 9.2.1 the licensee must not do or permit to be done in 15.3 the licence fee referred to in condition 8 is unpaid upon or about the site anything which in the for a period of 14 days after notice has been given to opinion of the Minister would cause or contribute the licensee that it is outstanding; or to the degradation or pollution of any coastal land or the surrounding marine environment; and 15.4 if the licensee is a body corporate, any of the following occur: 9.2.2 in the event that the Minister is satisfied, on reasonable grounds, that the fish taken from the 15.4.1 the licensee is unable to pay its debts as and waters are not fit for human consumption or that when they fall due or is otherwise insolvent; consumption of fish taken from the waters could 2172 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

15.4.2 an order is made for the winding up or 19. Modification liquidation of the licensee; No variation of or addition to any provision of this licence 15.4.3 the licensee enters into a scheme of shall be binding upon the Minister and the licensee unless such arrangement, compromise, moratorium or variation or addition is made in writing, signed by both the other form of composition with its creditors Minister and the licensee and expressed to be either supplemental or any class of its creditors; to or in substitution for the whole or a part of this licence. 15.4.4 a receiver, a manager or a receiver and 20. Waiver manager, a company administrator or other 20.1 A waiver of any provision of this licence by the insolvency administrator is appointed to the Minister must both be in writing and be signed by the licensee; or Minister or by persons duly authorised to execute such 15.4.5 a mortgagee, chargee or other encum- a document on the Minister’s part. brancee is appointed over or takes 20.2 No waiver by the Minister of a breach of a term or possession of or appoints an agent to take condition contained in this licence shall operate as a possession of all or any of the licensee’s waiver of any breach of the same or any other term assets; or or condition contained in this licence. 15.5 if the licensee is an individual, the licensee: 20.3 No forbearance, delay or indulgence by the Minister 15.5.1 becomes bankrupt or assigns its estate or in enforcing the provisions of this licence shall enters into a deed of arrangement or other prejudice or restrict the rights of the Minister. form of composition for the benefit of the 21. Notices licensee’s creditors; or 21.1 Notices may be served by delivering the same 15.5.2 is convicted of an indictable offence. personally, by mail or facsimile transmission and shall be: Termination of this licence by the Minister shall be without prejudice to any rights, remedies or actions 21.1.1 in writing addressed to the Director of that the Minister may have against the licensee in Fisheries, PIRSA, 16th Floor, 25 Grenfell respect of any antecedent breach by the licensee of Street, Adelaide, S.A. 5000 (in the case of the terms and conditions contained in this licence. the Minister) and to the address of the licensee set out above (in the case of the 16. Interpretation licensee); Subject to any inconsistency of subject or context, the 21.1.2 signed by or on behalf of the sender or by a following rules of construction shall be used in the interpretation person duly authorised in that regard by the of this licence: sender; 16.1 any word importing the plural includes the singular 21.1.3 deemed to be duly served or made in the and vice versa; following circumstances: 16.2 any wording importing a gender shall include all (a) if delivered, upon delivery; other genders; (b) if sending by mail, upon posting; 16.3 a reference to a body corporate shall include a (c) if sent by facsimile transmission, upon natural person and vice versa; the sender’s facsimile producing a 16.4 a reference to a recital, party, clause, Schedule or transmission report that the facsimile Annexure is a reference to a recital, party, clause, was satisfactorily sent in its entirety to Schedule or Annexure of this licence; the addressee’s facsimile number, 16.5 the captions, headings, section numbers and clause but if delivery is not made before 5 p.m. on numbers appearing in this licence are inserted only as any day it shall be deemed to be received at a matter of convenience and in no way affect the 9 a.m. on the next day in that place. construction of this licence; 21.2 The Minister and the licensee may each vary their 16.6 a reference to a statute shall include all statutes address or facsimile number at any time by written amending, consolidating or replacing the statutes notice. referred to; Granted on behalf of the Minister by Director of Fisheries, 16.7 where two or more persons are named as licensees, delegate of the Minister, on 2 November 1999. this licence shall bind the licensees jointly and each of G. R. MORGAN, Director of Fisheries them severally; and The licensee hereby acknowledges and agrees to the terms and 16.8 time is of the essence in respect of any obligation conditions of this licence. relating to time in this licence. Signed by the said R. P. SWINCER 17. Delegation In the presence of: B. R. OSBORNE, Witness Any consent, notice, any consultation or any other thing SCHEDULE 1 which is pursuant to the terms of this licence either required to be Item 1—The Site given, done or performed or which may be given, done or performed by the Minister may for the purposes of this licence be Area applicable to this licence: properly given, done or performed by any duly authorised agent Licensed Area Licensed or employee of the Minister. Hectares 18. Severance AGD 66—Zone 53 If any term or condition of this licence should be for any 676400E 6265450N 10 reason unlawful, void, invalid or unenforceable then the offending term or condition shall be severed from this licence without 676450E 6265575N affecting the validity or enforceability of the remainder of this 677150E 6265100N licence. 677075E 6265000N All structures, equipment, buoys and flotations (except for that required by the Department for Transport, Urban Planning and the Arts) must be black, dark grey, dark blue, dark brown, or dark green coloured materials. The boundary of the site to be marked either with: (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 900 mm from tip to tip, minimum width 75 mm. 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2173

(2) Posts to be not less than 125 mm in diameter. Item 2—Public Risk Insurance (3) Posts and crosses to be painted yellow. Five million dollars ($5 000 000). (4) The ends of each cross to be marked with a SCHEDULE 4 200 mm strip of yellow retro-reflective tape. Returns (5) Between the corner posts at intervals not exceeding The licensee must submit the following information to the 50 m, buoys not less than 300 mm in diameter. Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 (6) All buoys, posts, crosses and markers must be Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and maintained in good condition. 31 July during the term of this licence: or 1. Name of licensee. (b) (1) At each corner, yellow spar buoys with a St 2. Address of licensee. Andrews cross as a top mark placed at least 3. Species of fish farmed and held on the site. 900 mm above the buoy, cross arms 900 mm long x 75 mm wide. 4. Location of aquaculture operation. (2) The buoys and topmarks must all be coloured 5. Period covered by return. yellow and marked with a yellow retro-reflective as 6. Number of life stage of each species of fish held. in (a) (4). 7. Number, weight and value of each species of fish held. (3) All buoys, posts, crosses and markers must be maintained in good condition. 8. Details of any disease detected in any fish kept. When the site is in navigable water and 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. Native Oysters (Ostrea angasi) Pacific Oysters (Crassostrea gigas) FISHERIES ACT 1982: SECTION 48G (2) Item 2¾Permitted Farming Methods TAKE notice that pursuant to section 48G (2) of the Fisheries The Director of Fisheries has, pursuant to section 48G (2) of Act 1982, I hereby authorise West Coast Oysters, 70 Esplanade, the Act, issued a permit to disturb the seabed for the purpose of Cowell, S.A. 5602 (hereinafter referred to as the ‘permit holder’) installing the structures specified in this Schedule. to disturb the seabed of the site specified in Item 1 of the Schedule for the purpose only of installing the structures specified Longlines in Item 2 of the Schedule in accordance with Marine Mollusc Each unit must not exceed 100 m in length and 2 m in width, Farming Licence Number FM00037 (such structures not to be and each unit must be at least 6 m from any other unit. installed on the seabed itself) for the period commencing 1 July Item 3¾Stocking Rates 1999 and ending upon the expiration or earlier termination of Marine Mollusc Farming Licence Number FM00037, issued Oysters pursuant to section 53 of the Fisheries Act 1982. Size (mm) Number per Hectare SCHEDULE 1 3 2 500 000 Item 1—Location Co-ordinates 10 1 600 000 20 1 100 000 Licensed Area Licensed 30 750 000 Hectares 40 500 000 AGD 66—Zone 53 50 350 000 676400E 6265450N 10 60 200 000 676450E 6265575N 70 150 000 677150E 6265100N 80 100 000 677075E 6265000N SCHEDULE 3 Item 2—Structures to be installed Item 1—Fees Longlines Annual licence fees are: 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. $ FRDC levy per hectare 10 at $12.50 each...... 125.00 Dated 2 November 1999. EMP fee per hectare 10 at $22.96 each ...... 229.60 G. R. MORGAN, Director of Fisheries Base Licence Fee per hectare 10 at $57 each...... 570.00 SASQAP (classified area) per hectare 10 at $60 each...... 600.00 Total Annual Licence Fee ...... 1 524.60 Quarterly instalments...... 381.15 2174 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

FISHERIES ACT 1982: SECTION 50 (2) CONDITIONS OF THIS LICENCE Licence TAKE notice that pursuant to section 50 (2) of the Fisheries Act 1. 1982, I hereby authorise West Coast Oysters, 70 Esplanade, The parties acknowledge and agree that: Cowell, S.A. 5602 (hereinafter referred to as the ‘permit holder’) 1.1 the rights, powers and privileges granted to or vested in to engage in the activities and to do the acts specified in Schedule the licensee under this licence are contractual only and 1, subject to the conditions specified in Schedule 2 from the date shall not create or vest in the licensee any estate, of this permit ending upon the expiration or earlier termination interest or right of a proprietary nature in the site; and of Licence Number FM00037. 1.2 that, subject to section 53A of the Fisheries Act 1982, SCHEDULE 1 this licence does not entitle the licensee to exclusive The importation and release of Native Oysters, (Ostrea rights of entry to and occupation of the site and that angasi) and Pacific Oysters, (Crassostrea gigas) within the waters the rights granted by this licence are exercisable by the defined by the following co-ordinates: licensee in common with any other occupiers of the site Licensed Area Licensed from time to time. Hectares 2. Marked-off Areas AGD 66—Zone 53 For the purposes of section 53A of the Fisheries Act 1982, the 676400E 6265450N 10 marked-off areas within the site is that area or those areas 676450E 6265575N marked-off or indicated in the manner set out in Item 2 of 677150E 6265100N Schedule 1 of this licence. 677075E 6265000N 3. Permitted Species SCHEDULE 2 The licensee: 1. Fish obtained within South Australia for use in the fish farm shall only be obtained from registered fish farmers, licensed 3.1 must not farm or introduce any species at the site other fishers or other persons approved by the Director of Fisheries. than the permitted species; and 2. The permit holder shall not import any live fish (ova, fry or 3.2 must not take any wild fish from the site except for adult) into South Australia unless the shipment has certification recreational purposes. from an appropriate authority in the State from which they are 4. Permitted Use obtained that they are free from all relevant notifiable diseases listed in Schedule 4 or the Fisheries (Exotic Fish, Fish Farming The licensee must not use the site for any purpose other than and Fish Diseases) Regulations 1984. the permitted use. Permitted Methods 3. Any oysters brought into South Australia must undergo a 5. soakage process whereby they are completely submerged in fresh The licensee: water for a period of not less than 2 hours before being placed in 5.1 must not stock the permitted species at a rate greater the approved structures. Fresh water is deemed to be water than that specified in Schedule 2 of this licence; suitable for human consumption or horticultural or agricultural use. 5.2 must not use the anti-fouling chemical tributyltin (TBT) on any equipment used at the site; 4. The permit holder shall not contravene or fail to comply with the Fisheries Act 1982, or any regulations made under the 5.3 must not use any chemical or drug for either therapeutic Act, except where specifically permitted by this notice. or prophylactic purpose except with the prior approval of the Minister; 5. The permit holder must retain the copy of this permit which has been supplied by the Director of Fisheries, and if requested by 5.4 must apply the permitted farming methods set out in a Fisheries and Aquaculture Officer, produce that permit for Item 2 of Schedule 2 of this licence. inspection. 6. Marking and Maintaining the Site Dated 2 November 1999. The licensee: G. R. MORGAN, Director of Fisheries 6.1 must ensure that the site is maintained in a good, tidy and safe condition to the satisfaction of the Minister; FISHERIES ACT 1982 6.2 must remove and lawfully dispose of any waste or debris on the site as soon as is reasonably practicable and in MARINE MOLLUSC FARMING LICENCE FM00040 particular must comply with any guidelines issued from (PREVIOUS LICENCE NO. F566) time to time by the Minister in relation to the removal Licence to Farm Fish under section 53 of the Fisheries from the site of any unhealthy or dead fish; Act 1982 6.3 must maintain all buoys, crosses, and markers on the site WHEREAS the Director of Fisheries has, pursuant to section in good condition and in accordance with the colours 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to specified in Schedule 1 of this licence; and the undermentioned licensee to release the fish specified in 6.4 must mark the site boundary in accordance with the Item 1 of Schedule 2 of this licence (‘the permitted species’) and, specifications in Schedule 1 of this licence. pursuant to section 48G (2) of the Act, the Director of Fisheries has also issued a permit to disturb the seabed for the purpose of 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 Leon K. Stott (13009) purposes of inspecting the site, the sea floor and the Sections 4 and 5 Hundred of Moule flora and fauna on or in the vicinity of the site; and Ceduna, S.A. 5690, 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 July 1999 and ending, subject to any 8. Fees and Returns earlier termination under this licence, on 30 June 2000 (‘the The licensee: term’) subject to the following terms and conditions: 8.1 must pay to the Minister the licence fee in accordance with Item l of Schedule 3 of this licence; 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2175

8.2 must on or before 31 January and 31 July during the 15. Default by Licensee and Termination term, submit to the Minister a return supplying all of The Minister may terminate this licence immediately by notice the information described in Schedule 4 of this licence. in writing served on the licensee if: Compliance With Relevant Laws 9. 15.1 the licensee commits or permits any breach or 9.1 the licensee must at all times comply with all laws, by- default of the obligations imposed on the licensee by laws or regulations in force which relate to the site or this licence, and following the giving by the Minister the activities conducted in the site and with all notices, of written notice of such breach or default, the orders or requirements lawfully given or made by any licensee either fails to rectify such breach or default authority or authorities in respect of the site; within one calendar month of the date of such notice 9.2 in particular, without derogating from the general (or earlier if the circumstances require) or fails to requirement under condition 9 of this licence: make diligent progress towards rectifying any such breach which is incapable of rectification within the 9.2.1 the licensee must not do or permit to be done in time so limited; or upon or about the site anything which in the opinion of the Minister would cause or contribute 15.2 the licensee commits or permits any further breach to the degradation or pollution of any coastal or default of the obligations imposed on the licensee land or the surrounding marine environment; and by this licence for which the Minister has previously given notice in writing of such breach or default 9.2.2 in the event that the Minister is satisfied, on pursuant to paragraph 1 of condition 15.1 notwith- reasonable grounds, that the fish taken from the standing rectification of the previous breach or waters are not fit for human consumption or that default; or consumption of fish taken from the waters could present a danger to the health of the consumer, 15.3 the licence fee referred to in condition 8 is unpaid the licensee must, in accordance with a written for a period of 14 days after notice has been given to notice from the Minister, cease or suspend the the licensee that it is outstanding; or conduct of the permitted use or else conduct the 15.4 if the licensee is a body corporate, any of the permitted use as directed within the notice. following occur: 10. Public Risk Liability 15.4.1 the licensee is unable to pay its debts as and The licensee must at all times indemnify the Minister, his when they fall due or is otherwise insolvent; officers, employees, contractors and agents from and against all 15.4.2 an order is made for the winding up or claims, demands, actions, judgments, proceedings, damages, losses, liquidation of the licensee; costs, charges and expenses in respect of any loss of life, personal 15.4.3 the licensee enters into a scheme of injury and/or damage to property caused or suffered in any arrangement, compromise, moratorium or manner in or about the site. other form of composition with its creditors 11. Release or any class of its creditors; The licensee must use and keep the site at the risk in all things 15.4.4 a receiver, a manager or a receiver and of the licensee and the licensee must release to the full extent manager, a company administrator or other permitted by law the Minister, his agents, contractors and insolvency administrator is appointed to the servants in the absence of any wilful act, omission, default or licensee; or neglect on their part from all claims and demands of every kind 15.4.5 a mortgagee, chargee or other encum- resulting from any accident damage or injury to persons or brancee is appointed over or takes property occurring at the site, including loss or damage to the possession of or appoints an agent to take licensee’s fixtures or personal property of the licensee. possession of all or any of the licensee’s 12. Public Risk Insurance assets; or The licensee shall at its own cost and expense during the term 15.5 if the licensee is an individual, the licensee: effect and keep in full force and effect in respect of the site and 15.5.1 becomes bankrupt or assigns its estate or the permitted use a policy of public risk insurance in the joint enters into a deed of arrangement or other names of the licensee and the Minister in which the limits of form of composition for the benefit of the public risk shall not be less than the amount specified in Item 2 of licensee’s creditors; or Schedule 3 of this licence, or such further amount as the Minister may from time to time reasonably require, as the amount which 15.5.2 is convicted of an indictable offence. may be paid out in respect of any one single claim and a policy of Termination of this licence by the Minister shall be insurance or copy thereof or a certificate of insurance shall be without prejudice to any rights, remedies or actions produced by the licensee to the Minister on request in writing that the Minister may have against the licensee in being made by the Minister for its production. respect of any antecedent breach by the licensee of 13. Guarantee or Indemnity Scheme the terms and conditions contained in this licence. The licensee must either: 16. Interpretation 13.1 provide a guarantee from its bankers; or Subject to any inconsistency of subject or context, the following rules of construction shall be used in the interpretation 13.2 contribute to an indemnity scheme established for of this licence: the aquaculture and fisheries industry and approved by the Minister, 16.1 any word importing the plural includes the singular and vice versa; to and in favour of and for the benefit of the Minister by way of security for the due and punctual performance by the licensee of 16.2 any wording importing a gender shall include all the terms and conditions of this licence and in particular the other genders; obligations of the licensee to rehabilitate the site immediately 16.3 a reference to a body corporate shall include a prior to the expiration or sooner determination of the term of natural person and vice versa; this licence. Such guarantee or indemnity scheme must have effect from the date of commencement of the term. 16.4 a reference to a recital, party, clause, Schedule or Annexure is a reference to a recital, party, clause, 14. No Assignment Schedule or Annexure of this licence; The licensee acknowledges that this licence is personal and it 16.5 the captions, headings, section numbers and clause must not assign or sublet or deal in any other way with any numbers appearing in this licence are inserted only as interest in this licence. a matter of convenience and in no way affect the construction of this licence; 2176 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

16.6 a reference to a statute shall include all statutes The licensee hereby acknowledges and agrees to the terms and amending, consolidating or replacing the statutes conditions of this licence. referred to; Signed by the said L. K. STOTT 16.7 where two or more persons are named as licensees, In the presence of: C. STOTT, Witness this licence shall bind the licensees jointly and each of them severally; and SCHEDULE 1 16.8 time is of the essence in respect of any obligation Item 1—The Site relating to time in this licence. Area applicable to this licence: 17. Delegation Licensed Area Licensed Any consent, notice, any consultation or any other thing Hectares which is pursuant to the terms of this licence either required to be AGD 66—Zone 53 given, done or performed or which may be given, done or 366240E 6444111N 10 performed by the Minister may for the purposes of this licence be 366488E 6444101N properly given, done or performed by any duly authorised agent 366777E 6443704N or employee of the Minister. 366521E 6443704N 18. Severance All structures, equipment, buoys and flotations (except for that If any term or condition of this licence should be for any required by the Department for Transport, Urban Planning and reason unlawful, void, invalid or unenforceable then the offending the Arts) must be black, dark grey, dark blue, dark brown, or dark term or condition shall be severed from this licence without green coloured materials. affecting the validity or enforceability of the remainder of this The boundary of the site to be marked either with: licence. (a) (1) At the corners with posts extending 900 mm above 19. Modification mean high water springs. Such posts to be marked No variation of or addition to any provision of this licence with a St Andrews cross, each cross arm measuring shall be binding upon the Minister and the licensee unless such 900 mm from tip to tip, minimum width 75 mm. variation or addition is made in writing, signed by both the (2) Posts to be not less than 125 mm in diameter. Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. (3) Posts and crosses to be painted yellow. 20. Waiver (4) The ends of each cross to be marked with a 200 mm strip of yellow retro-reflective tape. 20.1 A waiver of any provision of this licence by the Minister must both be in writing and be signed by the (5) Between the corner posts at intervals not exceeding Minister or by persons duly authorised to execute such 50 m, buoys not less than 300 mm in diameter. a document on the Minister’s part. (6) All buoys, posts, crosses and markers must be 20.2 No waiver by the Minister of a breach of a term or maintained in good condition. condition contained in this licence shall operate as a or waiver of any breach of the same or any other term (b) or condition contained in this licence. (1) At each corner, yellow spar buoys with a St Andrews cross as a top mark placed at least 20.3 No forbearance, delay or indulgence by the Minister 900 mm above the buoy, cross arms 900 mm long x in enforcing the provisions of this licence shall 75 mm wide. prejudice or restrict the rights of the Minister. (2) At distances not exceeding 50 m between the 21. Notices corner spar buoys, yellow spherical buoys not less 21.1 Notices may be served by delivering the same than 300 mm in diameter. personally, by mail or facsimile transmission and shall (3) The buoys and topmarks must all be coloured be: yellow and marked with a yellow retro-reflective as 21.1.1 in writing addressed to the Director of in (a) (4). Fisheries, PIRSA, 16th Floor, 25 Grenfell (4) All buoys, posts, crosses and markers must be Street, Adelaide, S.A. 5000 (in the case of maintained in good condition. the Minister) and to the address of the When the site is in navigable water and possible danger to licensee set out above (in the case of the navigation, lights must be placed on the top of each St Andrews licensee); cross that is located at each corner of the site and these lights 21.1.2 signed by or on behalf of the sender or by a must be yellow in colour and flashing once every 4 seconds and person duly authorised in that regard by the visible over an arc of 360 degrees for a distance of at least one sender; mile. 21.1.3 deemed to be duly served or made in the Item 2—Marked-Off Areas following circumstances: [Co-ordinates of developed areas within the site to be provided (a) if delivered, upon delivery; by the licensee.] (b) if sending by mail, upon posting; White buoys of at least 12 inches in diameter must be placed (c) if sent by facsimile transmission, upon around the whole of the perimeter of the developed areas within the sender’s facsimile producing a the site at a distance of no less than 50 m from one another. transmission report that the facsimile SCHEDULE 2 was satisfactorily sent in its entirety to Item 1¾Permitted Species the addressee’s facsimile number, but if delivery is not made before 5 p.m. on The Director of Fisheries has, pursuant to section 50 (2) of the any day it shall be deemed to be received at Act, issued a permit for the release of the fish specified in this 9 a.m. on the next day in that place. Schedule. (Crassostrea gigas) 21.2 The Minister and the licensee may each vary their Pacific Oysters address or facsimile number at any time by written Item 2¾Permitted Farming Methods notice. The Director of Fisheries has, pursuant to section 48G (2) of Granted on behalf of the Minister by Director of Fisheries, the Act, issued a permit to disturb the seabed for the purpose of delegate of the Minister, on 2 November 1999. installing the structures specified in this Schedule. G. R. MORGAN, Director of Fisheries 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2177

Longlines FISHERIES ACT 1982: SECTION 48G (2) Each unit must not exceed 100 m in length and 2 m in width, TAKE notice that pursuant to section 48G (2) of the Fisheries and each unit must be at least 6 m from any other unit. Act 1982, I hereby authorise Leon K. Stott, Sections 4 and 5, Item 3¾Stocking Rates Hundred of Moule, Ceduna, S.A. 5690 (hereinafter referred to as the ‘permit holder’) to disturb the seabed of the site specified in Oysters Item 1 of the Schedule for the purpose only of installing the Size (mm) Number per Hectare structures specified in Item 2 of the Schedule in accordance with Marine Mollusc Farming Licence Number FM00040 (such 3 2 500 000 structures not to be installed on the seabed itself) for the period 10 1 600 000 commencing 1 July 1999 and ending upon the expiration or 20 1 100 000 earlier termination of Marine Mollusc Farming Licence Number 30 750 000 FM00040, issued pursuant to section 53 of the Fisheries Act 40 500 000 1982. 50 350 000 60 200 000 SCHEDULE 1 70 150 000 Item 1—Location Co-ordinates 80 100 000 Licensed Area Licensed SCHEDULE 3 Hectares Item 1—Fees AGD 66—Zone 53 Annual licence fees are: 366240E 6444111N 10 366488E 6444101N $ 366777E 6443704N FRDC levy per hectare 10 at $12.50 each...... 125.00 366521E 6443704N EMP fee per hectare 10 at $22.96 each ...... 229.60 Base Licence Fee per hectare 10 at $57 each...... 570.00 Item 2—Structures to be installed SASQAP (classified area) per hectare, 10 at Longlines $60 each...... 600.00 Each unit must not exceed 100 m in length and 2 m in width Total Annual Licence Fee ...... 1 524.60 and each unit must be at least 6 m from any other unit. Quarterly instalments...... 381.15 Dated 2 November 1999. Item 2—Public Risk Insurance G. R. MORGAN, Director of Fisheries Five million dollars ($5 000 000). SCHEDULE 4 FISHERIES ACT 1982: SECTION 50 (2) Returns TAKE notice that pursuant to section 50 (2) of the Fisheries Act 1982, I hereby authorise Leon K. Stott, Sections 4 and 5, The licensee must submit the following information to the Hundred of Moule, Ceduna, S.A. 5690 (hereinafter referred to as Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 ‘the permit holder’) to engage in the activities and to do the acts Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and specified in Schedule 1, subject to the conditions specified in 31 July during the term of this licence: Schedule 2 from the date of this permit ending upon the 1. Name of licensee. expiration or earlier termination of Licence Number FM00040. 2. Address of licensee. SCHEDULE 1 3. Species of fish farmed and held on the site. The importation and release of Pacific Oysters, (Crassostrea gigas 4. Location of aquaculture operation. ) within the waters defined by the following co-ordinates: 5. Period covered by return. Licensed Area Licensed Hectares 6. Number of life stage of each species of fish held. AGD 66—Zone 53 7. Number, weight and value of each species of fish held. 366240E 6444111N 10 366488E 6444101N 8. Details of any disease detected in any fish kept. 366777E 6443704N 9. Source (whether interstate or intrastate) of any stock 366521E 6443704N acquired and date of acquisition (if relevant, include name SCHEDULE 2 of authority that provided certification that stock was free from disease). 1. Fish obtained within South Australia for use in the fish farm shall only be obtained from registered fish farmers, licensed 10. If any fish were brought into the state, the number of fishers or other persons approved by the Director of Fisheries. fish and the life stage of the fish. 2. The permit holder shall not import any live fish (ova, fry or 11. If fish were brought into the state, the purpose for which adult) into South Australia unless the shipment has certification they were brought in. from an appropriate authority in the State from which they are 12. Method of disposal of water and packaging use for obtained that they are free from all relevant notifiable diseases transporting the fish. listed in Schedule 4 or the Fisheries (Exotic Fish, Fish Farming 13. If any disease or symptom of disease occurred in the and Fish Diseases) Regulations 1984. acquired fish. 3. Any oysters brought into South Australia must undergo a 14. Method of disposal of diseased or dead fish and the soakage process whereby they are completely submerged in fresh number disposed of. water for a period of not less than 2 hours before being placed in the approved structures. Fresh water is deemed to be water 15. Signature, date and telephone number. suitable for human consumption or horticultural or agricultural 16. Use of any chemicals for fish husbandry—type of use. chemical and quantity used, purpose and date of use. 4. The permit holder shall not contravene or fail to comply with the Fisheries Act 1982, or any regulations made under the Act, except where specifically permitted by this notice. 5. The permit holder must retain the copy of this permit which has been supplied by the Director of Fisheries, and if requested by a Fisheries and Aquaculture Officer, produce that permit for inspection. Dated 2 November 1999. G. R. MORGAN, Director of Fisheries 2178 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

FISHERIES ACT 1982 6.4 must mark the site boundary in accordance with the specifications in Schedule 1 of this licence. MARINE MOLLUSC FARMING LICENCE FM00041 (PREVIOUS LICENCE NO. F572) 7. Site Inspection and Supervision Licence to Farm Fish under section 53 of the Fisheries The licensee: Act 1982 7.1 must at all times permit the Minister, his employees, WHEREAS the Director of Fisheries has, pursuant to section agents or contractors or any employees, agents or 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to contractors of the Crown to enter the site for the the undermentioned licensee to release the fish specified in purposes of inspecting the site, the sea floor and the Item 1 of Schedule 2 of this licence (‘the permitted species’) and, flora and fauna on or in the vicinity of the site; and pursuant to section 48G (2) of the Act, the Director of Fisheries 7.2 must comply with all reasonable directions of any such has also issued a permit to disturb the seabed for the purpose of person authorised by the Director of Fisheries to inspect installing structures necessary for the licensed activity at the the conduct of the licensee’s activities at the site. undermentioned site, the Minister for Primary Industries, Natural Resources and Regional Development (‘the Minister’) hereby 8. Fees and Returns grants to: The licensee: Leon K. Stott (13009) 8.1 must pay to the Minister the licence fee in accordance Sections 4 and 5 Hundred of Moule with Item l of Schedule 3 of this licence; Ceduna, S.A. 5690, 8.2 must on or before 31 January and 31 July during the a non-exclusive licence to occupy and use the waters specified in term, submit to the Minister a return supplying all of Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of the information described in Schedule 4 of this licence. farming and taking the permitted species (‘the permitted use’) for the period commencing on 1 July 1999 and ending, subject to any 9. Compliance With Relevant Laws earlier termination under this licence, on 30 June 2000 (‘the 9.1 the licensee must at all times comply with all laws, by- term’) subject to the following terms and conditions: laws or regulations in force which relate to the site or CONDITIONS OF THIS LICENCE the activities conducted in the site and with all notices, 1. Licence orders or requirements lawfully given or made by any authority or authorities in respect of the site; The parties acknowledge and agree that: 9.2 in particular, without derogating from the general 1.1 the rights, powers and privileges granted to or vested in requirement under condition 9 of this licence: the licensee under this licence are contractual only and shall not create or vest in the licensee any estate, 9.2.1 the licensee must not do or permit to be done in interest or right of a proprietary nature in the site; and upon or about the site anything which in the opinion of the Minister would cause or contribute 1.2 that, subject to section 53A of the Fisheries Act 1982, to the degradation or pollution of any coastal this licence does not entitle the licensee to exclusive land or the surrounding marine environment; and rights of entry to and occupation of the site and that the rights granted by this licence are exercisable by the 9.2.2 in the event that the Minister is satisfied, on licensee in common with any other occupiers of the site reasonable grounds, that the fish taken from the from time to time. waters are not fit for human consumption or that consumption of fish taken from the waters could 2. Marked-off Areas present a danger to the health of the consumer, For the purposes of section 53A of the Fisheries Act 1982, the the licensee must, in accordance with a written marked-off areas within the site is that area or those areas notice from the Minister, cease or suspend the marked-off or indicated in the manner set out in Item 2 of conduct of the permitted use or else conduct the Schedule 1 of this licence. permitted use as directed within the notice. 3. Permitted Species 10. Public Risk Liability The licensee: The licensee must at all times indemnify the Minister, his officers, employees, contractors and agents from and against all 3.1 must not farm or introduce any species at the site other claims, demands, actions, judgments, proceedings, damages, losses, than the permitted species; and costs, charges and expenses in respect of any loss of life, personal 3.2 must not take any wild fish from the site except for injury and/or damage to property caused or suffered in any recreational purposes. manner in or about the site. 4. Permitted Use 11. Release The licensee must not use the site for any purpose other than The licensee must use and keep the site at the risk in all things the permitted use. of the licensee and the licensee must release to the full extent 5. Permitted Methods permitted by law the Minister, his agents, contractors and servants in the absence of any wilful act, omission, default or The licensee: neglect on their part from all claims and demands of every kind 5.1 must not stock the permitted species at a rate greater resulting from any accident damage or injury to persons or than that specified in Schedule 2 of this licence; property occurring at the site, including loss or damage to the licensee’s fixtures or personal property of the licensee. 5.2 must not use the anti-fouling chemical tributyltin (TBT) on any equipment used at the site; 12. Public Risk Insurance 5.3 must not use any chemical or drug for either therapeutic The licensee shall at its own cost and expense during the term or prophylactic purpose except with the prior approval effect and keep in full force and effect in respect of the site and 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 5.4 must apply the permitted farming methods set out in public risk shall not be less than the amount specified in Item 2 of Item 2 of Schedule 2 of this licence. Schedule 3 of this licence, or such further amount as the Minister 6. Marking and Maintaining the Site may from time to time reasonably require, as the amount which may be paid out in respect of any one single claim and a policy of The licensee: insurance or copy thereof or a certificate of insurance shall be 6.1 must ensure that the site is maintained in a good, tidy produced by the licensee to the Minister on request in writing and safe condition to the satisfaction of the Minister; being made by the Minister for its production. 6.2 must remove and lawfully dispose of any waste or debris on the site as soon as is reasonably practicable and in particular must comply with any guidelines issued from time to time by the Minister in relation to the removal from the site of any unhealthy or dead fish; 6.3 must maintain all buoys, crosses, and markers on the site in good condition and in accordance with the colours specified in Schedule 1 of this licence; and 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2179

13. Guarantee or Indemnity Scheme 16. Interpretation The licensee must either: Subject to any inconsistency of subject or context, the 13.1 provide a guarantee from its bankers; or following rules of construction shall be used in the interpretation 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 vice versa the Minister, and ; to and in favour of and for the benefit of the Minister by way of 16.2 any wording importing a gender shall include all security for the due and punctual performance by the licensee of other genders; the terms and conditions of this licence and in particular the 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; No Assignment 14. 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 The Minister may terminate this licence immediately by notice amending, consolidating or replacing the statutes in writing served on the licensee if: referred to; 15.1 the licensee commits or permits any breach or 16.7 where two or more persons are named as licensees, default of the obligations imposed on the licensee by this licence shall bind the licensees jointly and each of this licence, and following the giving by the Minister them severally; and of written notice of such breach or default, the 16.8 time is of the essence in respect of any obligation licensee either fails to rectify such breach or default relating to time in this licence. within one calendar month of the date of such notice 17. Delegation (or earlier if the circumstances require) or fails to make diligent progress towards rectifying any such Any consent, notice, any consultation or any other thing breach which is incapable of rectification within the which is pursuant to the terms of this licence either required to be time so limited; or given, done or performed or which may be given, done or performed by the Minister may for the purposes of this licence be 15.2 the licensee commits or permits any further breach properly given, done or performed by any duly authorised agent or default of the obligations imposed on the licensee or employee of the Minister. by this licence for which the Minister has previously given notice in writing of such breach or default 18. Severance pursuant to paragraph 1 of condition 15.1 notwith- If any term or condition of this licence should be for any standing rectification of the previous breach or reason unlawful, void, invalid or unenforceable then the offending default; or term or condition shall be severed from this licence without 15.3 the licence fee referred to in condition 8 is unpaid affecting the validity or enforceability of the remainder of this for a period of 14 days after notice has been given to licence. the licensee that it is outstanding; or 19. Modification 15.4 if the licensee is a body corporate, any of the No variation of or addition to any provision of this licence following occur: shall be binding upon the Minister and the licensee unless such 15.4.1 the licensee is unable to pay its debts as and variation or addition is made in writing, signed by both the when they fall due or is otherwise insolvent; Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. 15.4.2 an order is made for the winding up or liquidation of the licensee; 20. Waiver 15.4.3 the licensee enters into a scheme of 20.1 A waiver of any provision of this licence by the arrangement, compromise, moratorium or Minister must both be in writing and be signed by the other form of composition with its creditors Minister or by persons duly authorised to execute such or any class of its creditors; a document on the Minister’s part. 15.4.4 a receiver, a manager or a receiver and 20.2 No waiver by the Minister of a breach of a term or manager, a company administrator or other condition contained in this licence shall operate as a insolvency administrator is appointed to the waiver of any breach of the same or any other term licensee; or or condition contained in this licence. 15.4.5 a mortgagee, chargee or other encum- 20.3 No forbearance, delay or indulgence by the Minister brancee is appointed over or takes in enforcing the provisions of this licence shall possession of or appoints an agent to take prejudice or restrict the rights of the Minister. possession of all or any of the licensee’s 21. Notices assets; or 21.1 Notices may be served by delivering the same 15.5 if the licensee is an individual, the licensee: personally, by mail or facsimile transmission and shall 15.5.1 becomes bankrupt or assigns its estate or be: enters into a deed of arrangement or other 21.1.1 in writing addressed to the Director of form of composition for the benefit of the Fisheries, PIRSA, 16th Floor, 25 Grenfell licensee’s creditors; or Street, Adelaide, S.A. 5000 (in the case of 15.5.2 is convicted of an indictable offence. the Minister) and to the address of the licensee set out above (in the case of the Termination of this licence by the Minister shall be licensee); without prejudice to any rights, remedies or actions that the Minister may have against the licensee in 21.1.2 signed by or on behalf of the sender or by a respect of any antecedent breach by the licensee of person duly authorised in that regard by the the terms and conditions contained in this licence. sender; 2180 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

21.1.3 deemed to be duly served or made in the Item 2—Marked-Off Areas following circumstances: [Co-ordinates of developed areas within the site to be provided (a) if delivered, upon delivery; by the licensee.] (b) if sending by mail, upon posting; White buoys of at least 12 inches in diameter must be placed (c) if sent by facsimile transmission, upon around the whole of the perimeter of the developed areas within the sender’s facsimile producing a the site at a distance of no less than 50 m from one another. transmission report that the facsimile SCHEDULE 2 was satisfactorily sent in its entirety to Item 1¾Permitted Species the addressee’s facsimile number, The Director of Fisheries has, pursuant to section 50 (2) of the but if delivery is not made before 5 p.m. on Act, issued a permit for the release of the fish specified in this any day it shall be deemed to be received at Schedule. 9 a.m. on the next day in that place. Pacific Oysters (Crassostrea gigas) 21.2 The Minister and the licensee may each vary their address or facsimile number at any time by written Item 2¾Permitted Farming Methods notice. The Director of Fisheries has, pursuant to section 48G (2) of Granted on behalf of the Minister by Director of Fisheries, the Act, issued a permit to disturb the seabed for the purpose of delegate of the Minister, on 2 November 1999. installing the structures specified in this Schedule. G. R. MORGAN, Director of Fisheries Longlines The licensee hereby acknowledges and agrees to the terms and Each unit must not exceed 100 m in length and 2 m in width, conditions of this licence. and each unit must be at least 6 m from any other unit. Signed by the said L. K. STOTT Item 3¾Stocking Rates In the presence of: C. STOTT, Witness Oysters SCHEDULE 1 Size (mm) Number per Hectare Item 1—The Site 3 2 500 000 10 1 600 000 Area applicable to this licence: 20 1 100 000 Licensed Area Licensed 30 750 000 Hectares 40 500 000 AGD 66—Zone 53 50 350 000 366253E 6442728N 10 60 200 000 366314E 6442666N 70 150 000 366086E 6442243N 80 100 000 365878E 6442079N SCHEDULE 3 365799E 6442173N Item 1—Fees Annual licence fees are: All structures, equipment, buoys and flotations (except for that $ required by the Department for Transport, Urban Planning and FRDC levy per hectare 10 at $12.50 each ...... 125.00 the Arts) must be black, dark grey, dark blue, dark brown, or dark EMP fee per hectare 10 at $22.96 each...... 229.60 green coloured materials. Base Licence Fee per hectare 10 at $57 each...... 570.00 The boundary of the site to be marked either with: SASQAP (classified area) per hectare, 10 at (a) (1) At the corners with posts extending 900 mm above $60 each ...... 600.00 mean high water springs. Such posts to be marked Total Annual Licence Fee...... 1 524.60 with a St Andrews cross, each cross arm measuring Quarterly instalments...... 381.15 900 mm from tip to tip, minimum width 75 mm. Item 2—Public Risk Insurance (2) Posts to be not less than 125 mm in diameter. Five million dollars ($5 000 000). (3) Posts and crosses to be painted yellow. SCHEDULE 4 (4) The ends of each cross to be marked with a Returns 200 mm strip of yellow retro-reflective tape. (5) Between the corner posts at intervals not exceeding The licensee must submit the following information to the 50 m, buoys not less than 300 mm in diameter. Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and (6) All buoys, posts, crosses and markers must be 31 July during the term of this licence: maintained in good condition. 1. Name of licensee. or 2. Address of licensee. (b) (1) At each corner, yellow spar buoys with a St Andrews cross as a top mark placed at least 3. Species of fish farmed and held on the site. 900 mm above the buoy, cross arms 900 mm long x 4. Location of aquaculture operation. 75 mm wide. 5. Period covered by return. (2) The buoys and topmarks must all be coloured 6. Number of life stage of each species of fish held. yellow and marked with a yellow retro-reflective as in (a) (4). 7. Number, weight and value of each species of fish held. (3) All buoys, posts, crosses and markers must be 8. Details of any disease detected in any fish kept. maintained in good condition. 9. Source (whether interstate or intrastate) of any stock When the site is in navigable water and possible danger to acquired and date of acquisition (if relevant, include name navigation, lights must be placed on the top of each St Andrews of authority that provided certification that stock was cross that is located at each corner of the site and these lights free from disease). must be yellow in colour and flashing once every 4 seconds and 10. If any fish were brought into the state, the number of visible over an arc of 360 degrees for a distance of at least one fish and the life stage of the fish. mile. 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2181

11. If fish were brought into the state, the purpose for which 2. The permit holder shall not import any live fish (ova, fry or they were brought in. adult) into South Australia unless the shipment has certification 12. Method of disposal of water and packaging use for from an appropriate authority in the State from which they are transporting the fish. obtained that they are free from all relevant notifiable diseases listed in Schedule 4 or the Fisheries (Exotic Fish, Fish Farming 13. If any disease or symptom of disease occurred in the and Fish Diseases) Regulations 1984. acquired fish. 3. Any oysters brought into South Australia must undergo a 14. Method of disposal of diseased or dead fish and the soakage process whereby they are completely submerged in fresh number disposed of. water for a period of not less than 2 hours before being placed in 15. Signature, date and telephone number. the approved structures. Fresh water is deemed to be water suitable for human consumption or horticultural or agricultural 16. Use of any chemicals for fish husbandry—type of use. chemical and quantity used, purpose and date of use. 4. The permit holder shall not contravene or fail to comply with the Fisheries Act 1982, or any regulations made under the FISHERIES ACT 1982: SECTION 48G (2) Act, except where specifically permitted by this notice. TAKE notice that pursuant to section 48G (2) of the Fisheries 5. The permit holder must retain the copy of this permit which Act 1982, I hereby authorise Leon K. Stott, Sections 4 and 5, has been supplied by the Director of Fisheries, and if requested by Hundred of Moule, Ceduna, S.A. 5690 (hereinafter referred to as a Fisheries and Aquaculture Officer, produce that permit for the ‘permit holder’) to disturb the seabed of the site specified in inspection. Item 1 of the Schedule for the purpose only of installing the Dated 2 November 1999. structures specified in Item 2 of the Schedule in accordance with Marine Mollusc Farming Licence Number FM00041 (such G. R. MORGAN, Director of Fisheries structures not to be installed on the seabed itself) for the period commencing 1 July 1999 and ending upon the expiration or earlier termination of Marine Mollusc Farming Licence Number FISHERIES ACT 1982 FM00041, issued pursuant to section 53 of the Fisheries Act MARINE MOLLUSC FARMING LICENCE FM00061 1982. (PREVIOUS LICENCE NO. F718) SCHEDULE 1 Licence to Farm Fish under section 53 of the Fisheries Item 1—Location Co-ordinates Act 1982 Licensed Area Licensed WHEREAS the Director of Fisheries has, pursuant to section Hectares 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to AGD 66—Zone 53 the undermentioned licensee to release the fish specified in Item 1 of Schedule 2 of this licence (‘the permitted species’) and, 366253E 6442728N 10 pursuant to section 48G (2) of the Act, the Director of Fisheries 366314E 6442666N has also issued a permit to disturb the seabed for the purpose of 366086E 6442243N installing structures necessary for the licensed activity at the 365878E 6442079N undermentioned site, the Minister for Primary Industries, Natural 365799E 6442173N Resources and Regional Development (‘the Minister’) hereby Item 2—Structures to be installed grants to: Longlines Evans Oysters Pty Ltd (7618) 79 Wells Street, Each unit must not exceed 100 m in length and 2 m in width Streaky Bay, S.A. 5606, and each unit must be at least 6 m from any other unit. a non-exclusive licence to occupy and use the waters specified in Dated 2 November 1999. Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of G. R. MORGAN, Director of Fisheries farming and taking the permitted species (‘the permitted use’) for the period commencing on 1 July 1999 and ending, subject to any FISHERIES ACT 1982: SECTION 50 (2) earlier termination under this licence, on 30 June 2000 (‘the term’) subject to the following terms and conditions: TAKE notice that pursuant to section 50 (2) of the Fisheries Act CONDITIONS OF THIS LICENCE 1982, I hereby authorise Leon K. Stott, Sections 4 and 5, Licence Hundred of Moule, Ceduna, S.A. 5690 (hereinafter referred to as 1. the ‘permit holder’) to engage in the activities and to do the acts The parties acknowledge and agree that: specified in Schedule 1, subject to the conditions specified in 1.1 the rights, powers and privileges granted to or vested in Schedule 2 from the date of this permit ending upon the the licensee under this licence are contractual only and expiration or earlier termination of Licence Number FM00041. shall not create or vest in the licensee any estate, SCHEDULE 1 interest or right of a proprietary nature in the site; and The importation and release of Pacific Oysters, (Crassostrea 1.2 that, subject to section 53A of the Fisheries Act 1982, gigas) within the waters defined by the following co-ordinates: this licence does not entitle the licensee to exclusive Licensed Area Licensed rights of entry to and occupation of the site and that Hectares the rights granted by this licence are exercisable by the AGD 66—Zone 53 licensee in common with any other occupiers of the site from time to time. 366253E 6442728N 10 366314E 6442666N 2. Marked-off Areas 366086E 6442243N For the purposes of section 53A of the Fisheries Act 1982, the 365878E 6442079N marked-off areas within the site is that area or those areas 365799E 6442173N marked-off or indicated in the manner set out in Item 2 of SCHEDULE 2 Schedule 1 of this licence. 1. Fish obtained within South Australia for use in the fish farm 3. Permitted Species shall only be obtained from registered fish farmers, licensed The licensee: fishers or other persons approved by the Director of Fisheries. 3.1 must not farm or introduce any species at the site other than the permitted species; and 2182 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

3.2 must not take any wild fish from the site except for 10. Public Risk Liability recreational purposes. The licensee must at all times indemnify the Minister, his 4. Permitted Use officers, employees, contractors and agents from and against all The licensee must not use the site for any purpose other than claims, demands, actions, judgments, proceedings, damages, losses, the permitted use. costs, charges and expenses in respect of any loss of life, personal injury and/or damage to property caused or suffered in any 5. Permitted Methods manner in or about the site. The licensee: 11. Release 5.1 must not stock the permitted species at a rate greater The licensee must use and keep the site at the risk in all things than that specified in Schedule 2 of this licence; of the licensee and the licensee must release to the full extent 5.2 must not use the anti-fouling chemical tributyltin (TBT) permitted by law the Minister, his agents, contractors and on any equipment used at the site; servants in the absence of any wilful act, omission, default or neglect on their part from all claims and demands of every kind 5.3 must not use any chemical or drug for either therapeutic resulting from any accident damage or injury to persons or or prophylactic purpose except with the prior approval property occurring at the site, including loss or damage to the of the Minister; licensee’s fixtures or personal property of the licensee. 5.4 must apply the permitted farming methods set out in 12. Public Risk Insurance Item 2 of Schedule 2 of this licence. The licensee shall at its own cost and expense during the term 6. Marking and Maintaining the Site effect and keep in full force and effect in respect of the site and The licensee: the permitted use a policy of public risk insurance in the joint names of the licensee and the Minister in which the limits of 6.1 must ensure that the site is maintained in a good, tidy public risk shall not be less than the amount specified in Item 2 of and safe condition to the satisfaction of the Minister; Schedule 3 of this licence, or such further amount as the Minister 6.2 must remove and lawfully dispose of any waste or debris may from time to time reasonably require, as the amount which on the site as soon as is reasonably practicable and in may be paid out in respect of any one single claim and a policy of particular must comply with any guidelines issued from insurance or copy thereof or a certificate of insurance shall be time to time by the Minister in relation to the removal produced by the licensee to the Minister on request in writing from the site of any unhealthy or dead fish; being made by the Minister for its production. 6.3 must maintain all buoys, crosses, and markers on the site 13. Guarantee or Indemnity Scheme in good condition and in accordance with the colours The licensee must either: specified in Schedule 1 of this licence; and 13.1 provide a guarantee from its bankers; or 6.4 must mark the site boundary in accordance with the specifications in Schedule 1 of this licence. 13.2 contribute to an indemnity scheme established for the aquaculture and fisheries industry and approved by 7. Site Inspection and Supervision the Minister, The licensee: to and in favour of and for the benefit of the Minister by way of 7.1 must at all times permit the Minister, his employees, security for the due and punctual performance by the licensee of agents or contractors or any employees, agents or the terms and conditions of this licence and in particular the contractors of the Crown to enter the site for the obligations of the licensee to rehabilitate the site immediately purposes of inspecting the site, the sea floor and the prior to the expiration or sooner determination of the term of flora and fauna on or in the vicinity of the site; and this licence. Such guarantee or indemnity scheme must have effect from the date of commencement of the term. 7.2 must comply with all reasonable directions of any such person authorised by the Director of Fisheries to inspect 14. No Assignment the conduct of the licensee’s activities at the site. The licensee acknowledges that this licence is personal and it 8. Fees and Returns must not assign or sublet or deal in any other way with any interest in this licence. The licensee: 15. Default by Licensee and Termination 8.1 must pay to the Minister the licence fee in accordance with Item l of Schedule 3 of this licence; The Minister may terminate this licence immediately by notice in writing served on the licensee if: 8.2 must on or before 31 January and 31 July during the term, submit to the Minister a return supplying all of 15.1 the licensee commits or permits any breach or the information described in Schedule 4 of this licence. default of the obligations imposed on the licensee by this licence, and following the giving by the Minister 9. Compliance With Relevant Laws of written notice of such breach or default, the 9.1 the licensee must at all times comply with all laws, by- licensee either fails to rectify such breach or default laws or regulations in force which relate to the site or within one calendar month of the date of such notice the activities conducted in the site and with all notices, (or earlier if the circumstances require) or fails to orders or requirements lawfully given or made by any make diligent progress towards rectifying any such authority or authorities in respect of the site; breach which is incapable of rectification within the time so limited; or 9.2 in particular, without derogating from the general requirement under condition 9 of this licence: 15.2 the licensee commits or permits any further breach or default of the obligations imposed on the licensee 9.2.1 the licensee must not do or permit to be done in by this licence for which the Minister has previously upon or about the site anything which in the given notice in writing of such breach or default opinion of the Minister would cause or contribute pursuant to paragraph 1 of condition 15.1 notwith- to the degradation or pollution of any coastal standing rectification of the previous breach or land or the surrounding marine environment; and default; or 9.2.2 in the event that the Minister is satisfied, on 15.3 the licence fee referred to in condition 8 is unpaid reasonable grounds, that the fish taken from the for a period of 14 days after notice has been given to waters are not fit for human consumption or that the licensee that it is outstanding; or consumption of fish taken from the waters could present a danger to the health of the consumer, 15.4 if the licensee is a body corporate, any of the the licensee must, in accordance with a written following occur: notice from the Minister, cease or suspend the 15.4.1 the licensee is unable to pay its debts as and conduct of the permitted use or else conduct the when they fall due or is otherwise insolvent; permitted use as directed within the notice. 15.4.2 an order is made for the winding up or liquidation of the licensee; 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2183

15.4.3 the licensee enters into a scheme of waiver of any breach of the same or any other term arrangement, compromise, moratorium or or condition contained in this licence. other form of composition with its creditors 20.3 No forbearance, delay or indulgence by the Minister or any class of its creditors; in enforcing the provisions of this licence shall 15.4.4 a receiver, a manager or a receiver and prejudice or restrict the rights of the Minister. manager, a company administrator or other 21. Notices insolvency administrator is appointed to the licensee; or 21.1 Notices may be served by delivering the same personally, by mail or facsimile transmission and shall 15.4.5 a mortgagee, chargee or other encum- be: brancee is appointed over or takes possession of or appoints an agent to take 21.1.1 in writing addressed to the Director of possession of all or any of the licensee’s Fisheries, PIRSA, 16th Floor, 25 Grenfell assets; or Street, Adelaide, S.A. 5000 (in the case of the Minister) and to the address of the 15.5 if the licensee is an individual, the licensee: licensee set out above (in the case of the 15.5.1 becomes bankrupt or assigns its estate or licensee); enters into a deed of arrangement or other 21.1.2 signed by or on behalf of the sender or by a form of composition for the benefit of the person duly authorised in that regard by the licensee’s creditors; or sender; 15.5.2 is convicted of an indictable offence. 21.1.3 deemed to be duly served or made in the Termination of this licence by the Minister shall be following circumstances: without prejudice to any rights, remedies or actions (a) if delivered, upon delivery; that the Minister may have against the licensee in respect of any antecedent breach by the licensee of (b) if sending by mail, upon posting; the terms and conditions contained in this licence. (c) if sent by facsimile transmission, upon 16. Interpretation the sender’s facsimile producing a transmission report that the facsimile Subject to any inconsistency of subject or context, the was satisfactorily sent in its entirety to following rules of construction shall be used in the interpretation the addressee’s facsimile number, of this licence: but if delivery is not made before 5 p.m. on 16.1 any word importing the plural includes the singular vice versa any day it shall be deemed to be received at and ; 9 a.m. on the next day in that place. 16.2 any wording importing a gender shall include all 21.2 The Minister and the licensee may each vary their other genders; address or facsimile number at any time by written 16.3 a reference to a body corporate shall include a notice. vice versa natural person and ; Granted on behalf of the Minister by Director of Fisheries, 16.4 a reference to a recital, party, clause, Schedule or delegate of the Minister, on 2 November 1999. Annexure is a reference to a recital, party, clause, G. R. MORGAN, Director of Fisheries Schedule or Annexure of this licence; The licensee hereby acknowledges and agrees to the terms and 16.5 the captions, headings, section numbers and clause conditions of this licence. numbers appearing in this licence are inserted only as a matter of convenience and in no way affect the The Common Seal of Evans Oysters Pty Ltd was hereunto construction of this licence; affixed in the presence of: 16.6 a reference to a statute shall include all statutes (L.S.) T. P. EVANS, Director amending, consolidating or replacing the statutes R. A. EVANS, Secretary referred to; 16.7 where two or more persons are named as licensees, H. CUPPLES, Witness this licence shall bind the licensees jointly and each of SCHEDULE 1 them severally; and Item 1—The Site 16.8 time is of the essence in respect of any obligation relating to time in this licence. Area applicable to this licence: 17. Delegation Licensed Area Licensed Hectares Any consent, notice, any consultation or any other thing AGD 66—Zone 53 which is pursuant to the terms of this licence either required to be given, done or performed or which may be given, done or 424780E 6376814N 10 performed by the Minister may for the purposes of this licence be 425102E 6376576N properly given, done or performed by any duly authorised agent 425324E 6376775N or employee of the Minister. 425107E 6376982N 18. Severance All structures, equipment, buoys and flotations (except for that required by the Department for Transport, Urban Planning and If any term or condition of this licence should be for any the Arts) must be black, dark grey, dark blue, dark brown, or dark reason unlawful, void, invalid or unenforceable then the offending green coloured materials. term or condition shall be severed from this licence without affecting the validity or enforceability of the remainder of this The boundary of the site to be marked either with: licence. (a) (1) At the corners with posts extending 900 mm above 19. Modification mean high water springs. Such posts to be marked with a St Andrews cross, each cross arm measuring No variation of or addition to any provision of this licence 900 mm from tip to tip, minimum width 75 mm. shall be binding upon the Minister and the licensee unless such variation or addition is made in writing, signed by both the (2) Posts to be not less than 125 mm in diameter. Minister and the licensee and expressed to be either supplemental (3) Posts and crosses to be painted yellow. to or in substitution for the whole or a part of this licence. (4) The ends of each cross to be marked with a 20. Waiver 200 mm strip of yellow retro-reflective tape. 20.1 A waiver of any provision of this licence by the (5) Between the corner posts at intervals not exceeding Minister must both be in writing and be signed by the 50 m, buoys not less than 300 mm in diameter. Minister or by persons duly authorised to execute such a document on the Minister’s part. (6) All buoys, posts, crosses and markers must be maintained in good condition. 20.2 No waiver by the Minister of a breach of a term or condition contained in this licence shall operate as a or 2184 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

(b) (1) At each corner, yellow spar buoys with a St 1. Name of licensee. Andrews cross as a top mark placed at least 2. Address of licensee. 900 mm above the buoy, cross arms 900 mm long x 75 mm wide. 3. Species of fish farmed and held on the site. (2) The buoys and topmarks must all be coloured 4. Location of aquaculture operation. yellow and marked with a yellow retro-reflective as 5. Period covered by return. in (a) (4). 6. Number of life stage of each species of fish held. (3) All buoys, posts, crosses and markers must be maintained in good condition. 7. Number, weight and value of each species of fish held. When the site is in navigable water and possible danger to 8. Details of any disease detected in any fish kept. navigation, lights must be placed on the top of each St Andrews 9. Source (whether interstate or intrastate) of any stock cross that is located at each corner of the site and these lights acquired and date of acquisition (if relevant, include name must be yellow in colour and flashing once every 4 seconds and of authority that provided certification that stock was visible over an arc of 360 degrees for a distance of at least one free from disease). mile. 10. If any fish were brought into the state, the number of Item 2—Marked-Off Areas fish and the life stage of the fish. [Co-ordinates of developed areas within the site to be provided 11. If fish were brought into the state, the purpose for which by the licensee.] they were brought in. White buoys of at least 12 inches in diameter must be placed 12. Method of disposal of water and packaging use for around the whole of the perimeter of the developed areas within transporting the fish. the site at a distance of no less than 50 m from one another. 13. If any disease or symptom of disease occurred in the SCHEDULE 2 acquired fish. Item 1¾Permitted Species 14. Method of disposal of diseased or dead fish and the The Director of Fisheries has, pursuant to section 50 (2) of the number disposed of. Act, issued a permit for the release of the fish specified in this 15. Signature, date and telephone number. Schedule. 16. Use of any chemicals for fish husbandry—type of Pacific Oysters (Crassostrea gigas) chemical and quantity used, purpose and date of use. Item 2¾Permitted Farming Methods The Director of Fisheries has, pursuant to section 48G (2) of FISHERIES ACT 1982: SECTION 48G (2) the Act, issued a permit to disturb the seabed for the purpose of installing the structures specified in this Schedule. TAKE notice that pursuant to section 48G (2) of the Fisheries Act 1982, I hereby authorise Evans Oysters Pty Ltd, 79 Wells Longlines Street, Streaky Bay, S.A. 5606 (hereinafter referred to as the Each unit must not exceed 100 m in length and 2 m in width, ‘permit holder’) to disturb the seabed of the site specified in Item and each unit must be at least 6 m from any other unit. 1 of the Schedule for the purpose only of installing the structures specified in Item 2 of the Schedule in accordance with Marine Item 3¾Stocking Rates Mollusc Farming Licence Number FM00061 (such structures not Oysters to be installed on the seabed itself) for the period commencing 1 July 1999 and ending upon the expiration or earlier termination Size (mm) Number per Hectare of Marine Mollusc Farming Licence Number FM00061, issued 3 2 500 000 pursuant to section 53 of the Fisheries Act 1982. 10 1 600 000 20 1 100 000 SCHEDULE 1 30 750 000 Item 1—Location Co-ordinates 40 500 000 50 350 000 Licensed Area Licensed 60 200 000 Hectares 70 150 000 AGD 66—Zone 53 80 100 000 424780E 6376814N 10 425102E 6376576N SCHEDULE 3 425324E 6376775N Item 1—Fees 425107E 6376982N Annual licence fees are: Item 2—Structures to be installed $ Longlines FRDC levy per hectare 10 at $12.50 each...... 125.00 Each unit must not exceed 100 m in length and 2 m in width EMP fee per hectare 10 at $22.96 each ...... 229.60 and each unit must be at least 6 m from any other unit. Base Licence Fee per hectare 10 at $57 each...... 570.00 SASQAP (classified area) per hectare 10 at $60 each 600.00 Dated 2 November 1999. Total Annual Licence Fee ...... 1 524.60 G. R. MORGAN, Director of Fisheries Quarterly instalments...... 381.15 Item 2—Public Risk Insurance FISHERIES ACT 1982: SECTION 50 (2) Five million dollars ($5 000 000). TAKE notice that pursuant to section 50 (2) of the Fisheries Act 1982, I hereby authorise Evans Oysters Pty Ltd, 79 Wells Street, SCHEDULE 4 Streaky Bay, S.A. 5606 (hereinafter referred to as the ‘permit Returns holder’) to engage in the activities and to do the acts specified in Schedule 1, subject to the conditions specified in Schedule 2 from The licensee must submit the following information to the the date of this permit ending upon the expiration or earlier Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 termination of Licence Number FM00061. Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and 31 July during the term of this licence: SCHEDULE 1 The importation and release of Pacific Oysters, (Crassostrea gigas) within the waters defined by the following co-ordinates: 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2185

Licensed Area Licensed 2. Marked-off Areas Hectares For the purposes of section 53A of the Fisheries Act 1982, the AGD 66—Zone 53 marked-off areas within the site is that area or those areas 424780E 6376814N 10 marked-off or indicated in the manner set out in Item 2 of 425102E 6376576N Schedule 1 of this licence. 425324E 6376775N 425107E 6376982N 3. Permitted Species SCHEDULE 2 The licensee: 1. Fish obtained within South Australia for use in the fish farm 3.1 must not farm or introduce any species at the site other shall only be obtained from registered fish farmers, licensed than the permitted species; and fishers or other persons approved by the Director of Fisheries. 3.2 must not take any wild fish from the site except for 2. The permit holder shall not import any live fish (ova, fry or recreational purposes. adult) into South Australia unless the shipment has certification 4. Permitted Use from an appropriate authority in the State from which they are obtained that they are free from all relevant notifiable diseases The licensee must not use the site for any purpose other than listed in Schedule 4 or the Fisheries (Exotic Fish, Fish Farming the permitted use. and Fish Diseases) Regulations 1984. 5. Permitted Methods 3. Any oysters brought into South Australia must undergo a The licensee: soakage process whereby they are completely submerged in fresh 5.1 must not stock the permitted species at a rate greater water for a period of not less than 2 hours before being placed in than that specified in Schedule 2 of this licence; the approved structures. Fresh water is deemed to be water suitable for human consumption or horticultural or agricultural 5.2 must not use the anti-fouling chemical tributyltin (TBT) use. on any equipment used at the site; 4. The permit holder shall not contravene or fail to comply 5.3 must not use any chemical or drug for either therapeutic with the Fisheries Act 1982, or any regulations made under the or prophylactic purpose except with the prior approval Act, except where specifically permitted by this notice. of the Minister; 5. The permit holder must retain the copy of this permit which 5.4 must apply the permitted farming methods set out in has been supplied by the Director of Fisheries, and if requested by Item 2 of Schedule 2 of this licence. a Fisheries and Aquaculture Officer, produce that permit for 6. Marking and Maintaining the Site inspection. The licensee: Dated 2 November 1999. 6.1 must ensure that the site is maintained in a good, tidy G. R. MORGAN, Director of Fisheries and safe condition to the satisfaction of the Minister; 6.2 must remove and lawfully dispose of any waste or debris FISHERIES ACT 1982 on the site as soon as is reasonably practicable and in particular must comply with any guidelines issued from MARINE MOLLUSC FARMING LICENCE FM00066 time to time by the Minister in relation to the removal (PREVIOUS LICENCE NO. F727) from the site of any unhealthy or dead fish; Licence to Farm Fish under section 53 of the Fisheries Act 1982 6.3 must maintain all buoys, crosses, and markers on the site in good condition and in accordance with the colours WHEREAS the Director of Fisheries has, pursuant to section specified in Schedule 1 of this licence; and 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to 6.4 must mark the site boundary in accordance with the the undermentioned licensee to release the fish specified in specifications in Schedule 1 of this licence. Item 1 of Schedule 2 of this licence (‘the permitted species’) and, pursuant to section 48G (2) of the Act, the Director of Fisheries 7. Site Inspection and Supervision has also issued a permit to disturb the seabed for the purpose of The licensee: installing structures necessary for the licensed activity at the undermentioned site, the Minister for Primary Industries, Natural 7.1 must at all times permit the Minister, his employees, Resources and Regional Development (‘the Minister’) hereby agents or contractors or any employees, agents or grants to: contractors of the Crown to enter the site for the purposes of inspecting the site, the sea floor and the D. J. W. and D. A. Mitchell, flora and fauna on or in the vicinity of the site; and 1 Barlow Court, Smoky Bay S.A. 5680, 7.2 must comply with all reasonable directions of any such person authorised by the Director of Fisheries to inspect a non-exclusive licence to occupy and use the waters specified in the conduct of the licensee’s activities at the site. Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of farming and taking the permitted species (‘the permitted use’) for 8. Fees and Returns the period commencing on 1 July 1999 and ending, subject to any The licensee: earlier termination under this licence, on 30 June 2000 (‘the term’) subject to the following terms and conditions: 8.1 must pay to the Minister the licence fee in accordance with Item l of Schedule 3 of this licence; CONDITIONS OF THIS LICENCE 1. Licence 8.2 must on or before 31 January and 31 July during the term, submit to the Minister a return supplying all of The parties acknowledge and agree that: the information described in Schedule 4 of this licence. 1.1 the rights, powers and privileges granted to or vested in 9. Compliance With Relevant Laws the licensee under this licence are contractual only and shall not create or vest in the licensee any estate, 9.1 the licensee must at all times comply with all laws, by- interest or right of a proprietary nature in the site; and laws or regulations in force which relate to the site or the activities conducted in the site and with all notices, 1.2 that, subject to section 53A of the Fisheries Act 1982, orders or requirements lawfully given or made by any this licence does not entitle the licensee to exclusive authority or authorities in respect of the site; rights of entry to and occupation of the site and that the rights granted by this licence are exercisable by the 9.2 in particular, without derogating from the general licensee in common with any other occupiers of the site requirement under condition 9 of this licence: from time to time. 2186 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

9.2.1 the licensee must not do or permit to be done in 15.2 the licensee commits or permits any further breach upon or about the site anything which in the or default of the obligations imposed on the licensee opinion of the Minister would cause or contribute by this licence for which the Minister has previously to the degradation or pollution of any coastal given notice in writing of such breach or default land or the surrounding marine environment; and 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 15.3 the licence fee referred to in condition 8 is unpaid consumption of fish taken from the waters could for a period of 14 days after notice has been given to present a danger to the health of the consumer, the licensee that it is outstanding; or the licensee must, in accordance with a written 15.4 if the licensee is a body corporate, any of the notice from the Minister, cease or suspend the following occur: conduct of the permitted use or else conduct the permitted use as directed within the notice. 15.4.1 the licensee is unable to pay its debts as and when they fall due or is otherwise insolvent; 10. Public Risk Liability 15.4.2 an order is made for the winding up or The licensee must at all times indemnify the Minister, his liquidation of the licensee; officers, employees, contractors and agents from and against all claims, demands, actions, judgments, proceedings, damages, losses, 15.4.3 the licensee enters into a scheme of costs, charges and expenses in respect of any loss of life, personal arrangement, compromise, moratorium or injury and/or damage to property caused or suffered in any other form of composition with its creditors manner in or about the site. or any class of its creditors; 11. Release 15.4.4 a receiver, a manager or a receiver and manager, a company administrator or other The licensee must use and keep the site at the risk in all things insolvency administrator is appointed to the of the licensee and the licensee must release to the full extent licensee; or permitted by law the Minister, his agents, contractors and servants in the absence of any wilful act, omission, default or 15.4.5 a mortgagee, chargee or other encum- neglect on their part from all claims and demands of every kind brancee is appointed over or takes resulting from any accident damage or injury to persons or possession of or appoints an agent to take property occurring at the site, including loss or damage to the possession of all or any of the licensee’s licensee’s fixtures or personal property of the licensee. assets; or 12. Public Risk Insurance 15.5 if the licensee is an individual, the licensee: The licensee shall at its own cost and expense during the term 15.5.1 becomes bankrupt or assigns its estate or effect and keep in full force and effect in respect of the site and enters into a deed of arrangement or other the permitted use a policy of public risk insurance in the joint form of composition for the benefit of the names of the licensee and the Minister in which the limits of licensee’s creditors; or public risk shall not be less than the amount specified in Item 2 of 15.5.2 is convicted of an indictable offence. Schedule 3 of this licence, or such further amount as the Minister may from time to time reasonably require, as the amount which Termination of this licence by the Minister shall be may be paid out in respect of any one single claim and a policy of without prejudice to any rights, remedies or actions insurance or copy thereof or a certificate of insurance shall be that the Minister may have against the licensee in produced by the licensee to the Minister on request in writing respect of any antecedent breach by the licensee of being made by the Minister for its production. the terms and conditions contained in this licence. 13. Guarantee or Indemnity Scheme 16. Interpretation The licensee must either: Subject to any inconsistency of subject or context, the following rules of construction shall be used in the interpretation 13.1 provide a guarantee from its bankers; or of this licence: 13.2 contribute to an indemnity scheme established for 16.1 any word importing the plural includes the singular the aquaculture and fisheries industry and approved by and vice versa; the Minister, 16.2 any wording importing a gender shall include all to and in favour of and for the benefit of the Minister by way of other genders; security for the due and punctual performance by the licensee of the terms and conditions of this licence and in particular the 16.3 a reference to a body corporate shall include a obligations of the licensee to rehabilitate the site immediately natural person and vice versa; prior to the expiration or sooner determination of the term of 16.4 a reference to a recital, party, clause, Schedule or this licence. Such guarantee or indemnity scheme must have Annexure is a reference to a recital, party, clause, effect from the date of commencement of the term. Schedule or Annexure of this licence; 14. No Assignment 16.5 the captions, headings, section numbers and clause The licensee acknowledges that this licence is personal and it numbers appearing in this licence are inserted only as must not assign or sublet or deal in any other way with any a matter of convenience and in no way affect the interest in this licence. construction of this licence; 15. Default by Licensee and Termination 16.6 a reference to a statute shall include all statutes amending, consolidating or replacing the statutes The Minister may terminate this licence immediately by notice referred to; in writing served on the licensee if: 16.7 where two or more persons are named as licensees, 15.1 the licensee commits or permits any breach or this licence shall bind the licensees jointly and each of default of the obligations imposed on the licensee by them severally; and this licence, and following the giving by the Minister of written notice of such breach or default, the 16.8 time is of the essence in respect of any obligation licensee either fails to rectify such breach or default relating to time in this licence. within one calendar month of the date of such notice 17. Delegation (or earlier if the circumstances require) or fails to make diligent progress towards rectifying any such Any consent, notice, any consultation or any other thing breach which is incapable of rectification within the which is pursuant to the terms of this licence either required to be time so limited; or given, done or performed or which may be given, done or performed by the Minister may for the purposes of this licence be properly given, done or performed by any duly authorised agent or employee of the Minister. 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2187

18. Severance All structures, equipment, buoys and flotations (except for that If any term or condition of this licence should be for any required by the Department for Transport, Urban Planning and reason unlawful, void, invalid or unenforceable then the offending the Arts) must be black, dark grey, dark blue, dark brown, or dark term or condition shall be severed from this licence without green coloured materials. affecting the validity or enforceability of the remainder of this The boundary of the site to be marked either with: licence. (a) (1) At the corners with posts extending 900 mm above 19. Modification mean high water springs. Such posts to be marked No variation of or addition to any provision of this licence with a St Andrews cross, each cross arm measuring shall be binding upon the Minister and the licensee unless such 900 mm from tip to tip, minimum width 75 mm. variation or addition is made in writing, signed by both the (2) Posts to be not less than 125 mm in diameter. Minister and the licensee and expressed to be either supplemental (3) Posts and crosses to be painted yellow. to or in substitution for the whole or a part of this licence. Waiver (4) The ends of each cross to be marked with a 20. 200 mm strip of yellow retro-reflective tape. 20.1 A waiver of any provision of this licence by the (5) Between the corner posts at intervals not exceeding Minister must both be in writing and be signed by the 50 m, buoys not less than 300 mm in diameter. Minister or by persons duly authorised to execute such a document on the Minister’s part. (6) All buoys, posts, crosses and markers must be maintained in good condition. 20.2 No waiver by the Minister of a breach of a term or condition contained in this licence shall operate as a or waiver of any breach of the same or any other term (b) (1) At each corner, yellow spar buoys with a St or condition contained in this licence. Andrews cross as a top mark placed at least 20.3 No forbearance, delay or indulgence by the Minister 900 mm above the buoy, cross arms 900 mm long x in enforcing the provisions of this licence shall 75 mm wide. prejudice or restrict the rights of the Minister. (2) The buoys and topmarks must all be coloured 21. Notices yellow and marked with a yellow retro-reflective as in (a) (4). 21.1 Notices may be served by delivering the same personally, by mail or facsimile transmission and shall (3) All buoys, posts, crosses and markers must be be: maintained in good condition. 21.1.1 in writing addressed to the Director of When the site is in navigable water and possible danger to Fisheries, PIRSA, 16th Floor, 25 Grenfell navigation, lights must be placed on the top of each St Andrews Street, Adelaide, S.A. 5000 (in the case of cross that is located at each corner of the site and these lights the Minister) and to the address of the must be yellow in colour and flashing once every 4 seconds and licensee set out above (in the case of the visible over an arc of 360 degrees for a distance of at least one licensee); mile. 21.1.2 signed by or on behalf of the sender or by a Item 2—Marked-Off Areas person duly authorised in that regard by the [Co-ordinates of developed areas within the site to be provided sender; by the licensee.] 21.1.3 deemed to be duly served or made in the White buoys of at least 12 inches in diameter must be placed following circumstances: around the whole of the perimeter of the developed areas within (a) if delivered, upon delivery; the site at a distance of no less than 50 m from one another. (b) if sending by mail, upon posting; SCHEDULE 2 (c) if sent by facsimile transmission, upon Item 1¾Permitted Species the sender’s facsimile producing a The Director of Fisheries has, pursuant to section 50 (2) of the transmission report that the facsimile Act, issued a permit for the release of the fish specified in this was satisfactorily sent in its entirety to Schedule. the addressee’s facsimile number, Pacific Oysters (Crassostrea gigas) but if delivery is not made before 5 p.m. on any day it shall be deemed to be received at Item 2¾Permitted Farming Methods 9 a.m. on the next day in that place. The Director of Fisheries has, pursuant to section 48G (2) of 21.2 The Minister and the licensee may each vary their the Act, issued a permit to disturb the seabed for the purpose of address or facsimile number at any time by written installing the structures specified in this Schedule. notice. Longlines Granted on behalf of the Minister by Director of Fisheries, Each unit must not exceed 100 m in length and 2 m in width, delegate of the Minister, on 2 November 1999. and each unit must be at least 6 m from any other unit. G. R. MORGAN, Director of Fisheries Item 3¾Stocking Rates The licensee hereby acknowledges and agrees to the terms and Oysters conditions of this licence. Size (mm) Number per Hectare Signed by the said D. A. MITCHELL 3 2 500 000 In the presence of: B. L. ZIPPEL, Witness 10 1 600 000 SCHEDULE 1 20 1 100 000 30 750 000 Item 1—The Site 40 500 000 Area applicable to this licence: 50 350 000 60 200 000 Licensed Area Licensed 70 150 000 Hectares 80 100 000 AGD 66—Zone 53 394099E 6416700N 4.5 394099E 6417127N 394196E 6417127N 394196E 6416700N 2188 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

SCHEDULE 3 SCHEDULE 1 Item 1—Fees Item 1—Location Co-ordinates Annual licence fees are: Licensed Area Licensed $ Hectares FRDC levy per hectare 4.5 at $12.50 each...... 56.25 AGD 66—Zone 53 EMP fee per hectare 4.5 at $22.96 each ...... 103.32 394099E 6416700N 4.5 Base Licence Fee per hectare 4.5 at $57 each...... 256.50 394099E 6417127N SASQAP (classified area) per hectare, 4.5 at 394196E 6417127N $60 each...... 270.00 394196E 6416700N Total Annual Licence Fee ...... 686.07 Item 2—Structures to be installed Quarterly instalments...... 171.52 Longlines Item 2—Public Risk Insurance Each unit must not exceed 100 m in length and 2 m in width Five million dollars ($5 000 000). and each unit must be at least 6 m from any other unit. SCHEDULE 4 Dated 2 November 1999. Returns G. R. MORGAN, Director of Fisheries The licensee must submit the following information to the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 FISHERIES ACT 1982: SECTION 50 (2) Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and TAKE notice that pursuant to section 50 (2) of the Fisheries Act 31 July during the term of this licence: 1982, I hereby authorise D. J. W. and D. A. Mitchell, 1 Barlow 1. Name of licensee. Court, Smoky Bay, S.A. 5680 (hereinafter referred to as the ‘permit holder’) to engage in the activities and to do the acts 2. Address of licensee. specified in Schedule 1, subject to the conditions specified in 3. Species of fish farmed and held on the site. Schedule 2 from the date of this permit ending upon the expiration or earlier termination of Licence Number FM00066. 4. Location of aquaculture operation. SCHEDULE 1 5. Period covered by return. The importation and release of Pacific Oysters, (Crassostrea 6. Number of life stage of each species of fish held. gigas) within the waters defined by the following co-ordinates: 7. Number, weight and value of each species of fish held. Licensed Area Licensed 8. Details of any disease detected in any fish kept. Hectares AGD 66—Zone 53 9. Source (whether interstate or intrastate) of any stock acquired and date of acquisition (if relevant, include name 394099E 6416700N 4.5 of authority that provided certification that stock was 394099E 6417127N free from disease). 394196E 6417127N 394196E 6416700N 10. If any fish were brought into the state, the number of fish and the life stage of the fish. SCHEDULE 2 11. If fish were brought into the state, the purpose for which 1. Fish obtained within South Australia for use in the fish farm they were brought in. shall only be obtained from registered fish farmers, licensed fishers or other persons approved by the Director of Fisheries. 12. Method of disposal of water and packaging use for transporting the fish. 2. The permit holder shall not import any live fish (ova, fry or adult) into South Australia unless the shipment has certification 13. If any disease or symptom of disease occurred in the from an appropriate authority in the State from which they are acquired fish. obtained that they are free from all relevant notifiable diseases 14. Method of disposal of diseased or dead fish and the listed in Schedule 4 or the Fisheries (Exotic Fish, Fish Farming number disposed of. and Fish Diseases) Regulations 1984. 15. Signature, date and telephone number. 3. Any oysters brought into South Australia must undergo a soakage process whereby they are completely submerged in fresh 16. Use of any chemicals for fish husbandry—type of water for a period of not less than 2 hours before being placed in chemical and quantity used, purpose and date of use. the approved structures. Fresh water is deemed to be water suitable for human consumption or horticultural or agricultural use. FISHERIES ACT 1982: SECTION 48G (2) 4. The permit holder shall not contravene or fail to comply TAKE notice that pursuant to section 48G (2) of the Fisheries with the Fisheries Act 1982, or any regulations made under the Act 1982, I hereby authorise D. J. W. and D. A. Mitchell, Act, except where specifically permitted by this notice. 1 Barlow Court, Smoky Bay, S.A. 5680 (hereinafter referred to as the ‘permit holder’) to disturb the seabed of the site specified in 5. The permit holder must retain the copy of this permit which Item 1 of the Schedule for the purpose only of installing the has been supplied by the Director of Fisheries, and if requested by structures specified in Item 2 of the Schedule in accordance with a Fisheries and Aquaculture Officer, produce that permit for Marine Mollusc Farming Licence Number FM00066 (such inspection. structures not to be installed on the seabed itself) for the period Dated 2 November 1999. commencing 1 July 1999 and ending upon the expiration or earlier termination of Marine Mollusc Farming Licence Number G. R. MORGAN, Director of Fisheries FM00066, issued pursuant to section 53 of the Fisheries Act 1982. 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2189

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 FM00082 particular must comply with any guidelines issued from (PREVIOUS LICENCE NO. F749) 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 Tondari Fisheries (12201) purposes of inspecting the site, the sea floor and the 53 Lincoln Highway, flora and fauna on or in the vicinity of the site; and Cowell, S.A. 5602, 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 July 1999 and ending, subject to any 8. Fees and Returns earlier termination under this licence, on 30 June 2000 (‘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 4. Permitted Use permitted use as directed within the notice. Public Risk Liability The licensee must not use the site for any purpose other than 10. the permitted use. The licensee must at all times indemnify the Minister, his 5. Permitted Methods officers, employees, contractors and agents from and against all claims, demands, actions, judgments, proceedings, damages, losses, The licensee: costs, charges and expenses in respect of any loss of life, personal 5.1 must not stock the permitted species at a rate greater injury and/or damage to property caused or suffered in any than that specified in Schedule 2 of this licence; manner in or about the site. 5.2 must not use the anti-fouling chemical tributyltin (TBT) 11. Release on any equipment used at the site; The licensee must use and keep the site at the risk in all things 5.3 must not use any chemical or drug for either therapeutic of the licensee and the licensee must release to the full extent or prophylactic purpose except with the prior approval permitted by law the Minister, his agents, contractors and of the Minister; servants in the absence of any wilful act, omission, default or neglect on their part from all claims and demands of every kind 5.4 must apply the permitted farming methods set out in resulting from any accident damage or injury to persons or Item 2 of Schedule 2 of this licence. property occurring at the site, including loss or damage to the 6. Marking and Maintaining the Site licensee’s fixtures or personal property of the licensee. The licensee: 6.1 must ensure that the site is maintained in a good, tidy and safe condition to the satisfaction of the Minister; 2190 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

12. Public Risk Insurance 15.5 if the licensee is an individual, the licensee: The licensee shall at its own cost and expense during the term 15.5.1 becomes bankrupt or assigns its estate or effect and keep in full force and effect in respect of the site and enters into a deed of arrangement or other the permitted use a policy of public risk insurance in the joint form of composition for the benefit of the names of the licensee and the Minister in which the limits of licensee’s creditors; or public risk shall not be less than the amount specified in Item 2 of 15.5.2 is convicted of an indictable offence. Schedule 3 of this licence, or such further amount as the Minister may from time to time reasonably require, as the amount which Termination of this licence by the Minister shall be may be paid out in respect of any one single claim and a policy of without prejudice to any rights, remedies or actions insurance or copy thereof or a certificate of insurance shall be that the Minister may have against the licensee in produced by the licensee to the Minister on request in writing respect of any antecedent breach by the licensee of being made by the Minister for its production. the terms and conditions contained in this licence. 13. Guarantee or Indemnity Scheme 16. Interpretation The licensee must either: Subject to any inconsistency of subject or context, the following rules of construction shall be used in the interpretation 13.1 provide a guarantee from its bankers; or of this licence: 13.2 contribute to an indemnity scheme established for 16.1 any word importing the plural includes the singular the aquaculture and fisheries industry and approved by and vice versa; the Minister, 16.2 any wording importing a gender shall include all to and in favour of and for the benefit of the Minister by way of other genders; security for the due and punctual performance by the licensee of the terms and conditions of this licence and in particular the 16.3 a reference to a body corporate shall include a obligations of the licensee to rehabilitate the site immediately natural person and vice versa; prior to the expiration or sooner determination of the term of 16.4 a reference to a recital, party, clause, Schedule or this licence. Such guarantee or indemnity scheme must have Annexure is a reference to a recital, party, clause, effect from the date of commencement of the term. Schedule or Annexure of this licence; 14. No Assignment 16.5 the captions, headings, section numbers and clause The licensee acknowledges that this licence is personal and it numbers appearing in this licence are inserted only as must not assign or sublet or deal in any other way with any a matter of convenience and in no way affect the interest in this licence. construction of this licence; 15. Default by Licensee and Termination 16.6 a reference to a statute shall include all statutes amending, consolidating or replacing the statutes The Minister may terminate this licence immediately by notice referred to; in writing served on the licensee if: 16.7 where two or more persons are named as licensees, 15.1 the licensee commits or permits any breach or this licence shall bind the licensees jointly and each of default of the obligations imposed on the licensee by them severally; and this licence, and following the giving by the Minister of written notice of such breach or default, the 16.8 time is of the essence in respect of any obligation licensee either fails to rectify such breach or default relating to time in this licence. within one calendar month of the date of such notice 17. Delegation (or earlier if the circumstances require) or fails to make diligent progress towards rectifying any such Any consent, notice, any consultation or any other thing breach which is incapable of rectification within the which is pursuant to the terms of this licence either required to be time so limited; or given, done or performed or which may be given, done or performed by the Minister may for the purposes of this licence be 15.2 the licensee commits or permits any further breach properly given, done or performed by any duly authorised agent or default of the obligations imposed on the licensee or employee of the Minister. by this licence for which the Minister has previously given notice in writing of such breach or default 18. Severance pursuant to paragraph 1 of condition 15.1 notwith- If any term or condition of this licence should be for any standing rectification of the previous breach or reason unlawful, void, invalid or unenforceable then the offending default; or term or condition shall be severed from this licence without 15.3 the licence fee referred to in condition 8 is unpaid affecting the validity or enforceability of the remainder of this for a period of 14 days after notice has been given to licence. the licensee that it is outstanding; or 19. Modification 15.4 if the licensee is a body corporate, any of the No variation of or addition to any provision of this licence following occur: shall be binding upon the Minister and the licensee unless such 15.4.1 the licensee is unable to pay its debts as and variation or addition is made in writing, signed by both the when they fall due or is otherwise insolvent; Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. 15.4.2 an order is made for the winding up or liquidation of the licensee; 20. Waiver 15.4.3 the licensee enters into a scheme of 20.1 A waiver of any provision of this licence by the arrangement, compromise, moratorium or Minister must both be in writing and be signed by the other form of composition with its creditors Minister or by persons duly authorised to execute such or any class of its creditors; a document on the Minister’s part. 15.4.4 a receiver, a manager or a receiver and 20.2 No waiver by the Minister of a breach of a term or manager, a company administrator or other condition contained in this licence shall operate as a insolvency administrator is appointed to the waiver of any breach of the same or any other term licensee; or or condition contained in this licence. 15.4.5 a mortgagee, chargee or other encum- 20.3 No forbearance, delay or indulgence by the Minister brancee is appointed over or takes in enforcing the provisions of this licence shall possession of or appoints an agent to take prejudice or restrict the rights of the Minister. possession of all or any of the licensee’s assets; or 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2191

21. Notices (b) (1) At each corner, yellow spar buoys with a St 21.1 Notices may be served by delivering the same Andrews cross as a top mark placed at least personally, by mail or facsimile transmission and shall 900 mm above the buoy, cross arms 900 mm long x be: 75 mm wide. 21.1.1 in writing addressed to the Director of (2) The buoys and topmarks must all be coloured yellow and marked with a yellow retro-reflective as Fisheries, PIRSA, 16th Floor, 25 Grenfell (a) Street, Adelaide, S.A. 5000 (in the case of in (4). the Minister) and to the address of the (3) All buoys, posts, crosses and markers must be licensee set out above (in the case of the maintained in good condition. licensee); When the site is in navigable water and possible danger to 21.1.2 signed by or on behalf of the sender or by a navigation, lights must be placed on the top of each St Andrews person duly authorised in that regard by the cross that is located at each corner of the site and these lights sender; must be yellow in colour and flashing once every 4 seconds and visible over an arc of 360 degrees for a distance of at least one 21.1.3 deemed to be duly served or made in the mile. following circumstances: Item 2—Marked-Off Areas (a) if delivered, upon delivery; (b) if sending by mail, upon posting; [Co-ordinates of developed areas within the site to be provided by the licensee.] (c) if sent by facsimile transmission, upon the sender’s facsimile producing a White buoys of at least 12 inches in diameter must be placed transmission report that the facsimile around the whole of the perimeter of the developed areas within was satisfactorily sent in its entirety to the site at a distance of no less than 50 m from one another. the addressee’s facsimile number, SCHEDULE 2 but if delivery is not made before 5 p.m. on Item 1¾Permitted Species any day it shall be deemed to be received at The Director of Fisheries has, pursuant to section 50 (2) of the 9 a.m. on the next day in that place. Act, issued a permit for the release of the fish specified in this 21.2 The Minister and the licensee may each vary their Schedule. address or facsimile number at any time by written Pacific Oysters (Crassostrea gigas) notice. Item 2¾Permitted Farming Methods Granted on behalf of the Minister by Director of Fisheries, delegate of the Minister, on 2 November 1999. The Director of Fisheries has, pursuant to section 48G (2) of the Act, issued a permit to disturb the seabed for the purpose of G. R. MORGAN, Director of Fisheries installing the structures specified in this Schedule. The licensee hereby acknowledges and agrees to the terms and Longlines conditions of this licence. Each unit must not exceed 100 m in length and 2 m in width, The Common Seal of Tondari Fisheries was hereunto affixed in and each unit must be at least 6 m from any other unit. the presence of: Item 3¾Stocking Rates (L.S.) A. J. SCHUTZ, Director Oysters D. S. SCHUTZ, Witness Size (mm) Number per Hectare SCHEDULE 1 3 2 500 000 Item 1—The Site 10 1 600 000 Area applicable to this licence: 20 1 100 000 30 750 000 Licensed Area Licensed 40 500 000 Hectares 50 350 000 AGD 66—Zone 53 60 200 000 677505E 6264268N 5 70 150 000 677582E 6263927N 80 100 000 677568E 6263837N SCHEDULE 3 677691E 6263838N 677696E 6263927N Item 1—Fees 677602E 6264305N Annual licence fees are: All structures, equipment, buoys and flotations (except for that $ required by the Department for Transport, Urban Planning and FRDC levy per hectare 5 at $12.50 each ...... 62.50 the Arts) must be black, dark grey, dark blue, dark brown, or dark EMP fee per hectare 5 at $22.96 each...... 114.80 green coloured materials. Base Licence Fee per hectare 5 at $57 each...... 285.00 The boundary of the site to be marked either with: SASQAP (classified area) per hectare 5 at $60 each. 300.00 (a) (1) At the corners with posts extending 900 mm above Total Annual Licence Fee...... 762.30 mean high water springs. Such posts to be marked Quarterly instalments...... 190.58 with a St Andrews cross, each cross arm measuring Item 2—Public Risk Insurance 900 mm from tip to tip, minimum width 75 mm. Five million dollars ($5 000 000). (2) Posts to be not less than 125 mm in diameter. SCHEDULE 4 (3) Posts and crosses to be painted yellow. Returns (4) The ends of each cross to be marked with a 200 mm strip of yellow retro-reflective tape. The licensee must submit the following information to the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 (5) Between the corner posts at intervals not exceeding Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and 50 m, buoys not less than 300 mm in diameter. 31 July during the term of this licence: (6) All buoys, posts, crosses and markers must be 1. Name of licensee. maintained in good condition. 2. Address of licensee. or 3. Species of fish farmed and held on the site. 2192 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

4. Location of aquaculture operation. Licensed Area Licensed 5. Period covered by return. Hectares AGD 66—Zone 53 6. Number of life stage of each species of fish held. 677505E 6264268N 5 7. Number, weight and value of each species of fish held. 677582E 6263927N 677568E 6263837N 8. Details of any disease detected in any fish kept. 677691E 6263838N 9. Source (whether interstate or intrastate) of any stock 677696E 6263927N acquired and date of acquisition (if relevant, include name 677602E 6264305N of authority that provided certification that stock was SCHEDULE 2 free from disease). 1. Fish obtained within South Australia for use in the fish farm 10. If any fish were brought into the state, the number of shall only be obtained from registered fish farmers, licensed fish and the life stage of the fish. fishers or other persons approved by the Director of Fisheries. 11. If fish were brought into the state, the purpose for which 2. The permit holder shall not import any live fish (ova, fry or they were brought in. adult) into South Australia unless the shipment has certification 12. Method of disposal of water and packaging use for from an appropriate authority in the State from which they are transporting the fish. obtained that they are free from all relevant notifiable diseases 13. If any disease or symptom of disease occurred in the listed in Schedule 4 or the Fisheries (Exotic Fish, Fish Farming acquired fish. and Fish Diseases) Regulations 1984. 14. Method of disposal of diseased or dead fish and the 3. Any oysters brought into South Australia must undergo a number disposed of. soakage process whereby they are completely submerged in fresh water for a period of not less than 2 hours before being placed in 15. Signature, date and telephone number. the approved structures. Fresh water is deemed to be water 16. Use of any chemicals for fish husbandry—type of suitable for human consumption or horticultural or agricultural chemical and quantity used, purpose and date of use. use. 4. The permit holder shall not contravene or fail to comply with the Fisheries Act 1982, or any regulations made under the FISHERIES ACT 1982: SECTION 48G (2) Act, except where specifically permitted by this notice. TAKE notice that pursuant to section 48G (2) of the Fisheries 5. The permit holder must retain the copy of this permit which Act 1982, I hereby authorise Tondari Fisheries, 53 Lincoln has been supplied by the Director of Fisheries, and if requested by Highway, Cowell, S.A. 5602 (hereinafter referred to as the a Fisheries and Aquaculture Officer, produce that permit for ‘permit holder’) to disturb the seabed of the site specified in Item inspection. 1 of the Schedule for the purpose only of installing the structures specified in Item 2 of the Schedule in accordance with Marine Dated 2 November 1999. Mollusc Farming Licence Number FM00082 (such structures not G. R. MORGAN, Director of Fisheries to be installed on the seabed itself) for the period commencing 1 July 1999 and ending upon the expiration or earlier termination of Marine Mollusc Farming Licence Number FM00082, issued FISHERIES ACT 1982 pursuant to section 53 of the Fisheries Act 1982. MARINE MOLLUSC FARMING LICENCE FM00084 SCHEDULE 1 (PREVIOUS LICENCE NO. F753) Item 1—Location Co-ordinates Licence to Farm Fish under section 53 of the Fisheries Act 1982 Licensed Area Licensed Hectares WHEREAS the Director of Fisheries has, pursuant to section AGD 66—Zone 53 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to 677505E 6264268N 5 the undermentioned licensee to release the fish specified in 677582E 6263927N Item 1 of Schedule 2 of this licence (‘the permitted species’) and, 677568E 6263837N pursuant to section 48G (2) of the Act, the Director of Fisheries 677691E 6263838N has also issued a permit to disturb the seabed for the purpose of 677696E 6263927N installing structures necessary for the licensed activity at the 677602E 6264305N undermentioned site, the Minister for Primary Industries, Natural Resources and Regional Development (‘the Minister’) hereby Item 2—Structures to be installed grants to: Longlines P. S. and D. Page, Each unit must not exceed 100 m in length and 2 m in width Lots 51-52 Esplanade, and each unit must be at least 6 m from any other unit. Western Cove, Nepean Bay, S.A. 5223, Dated 2 November 1999. a non-exclusive licence to occupy and use the waters specified in G. R. MORGAN, Director of Fisheries Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of farming and taking the permitted species (‘the permitted use’) for FISHERIES ACT 1982: SECTION 50 (2) the period commencing on 1 July 1999 and ending, subject to any TAKE notice that pursuant to section 50 (2) of the Fisheries Act earlier termination under this licence, on 30 June 2000 (‘the 1982, I hereby authorise Tondari, Fisheries, 53 Lincoln Highway, term’) subject to the following terms and conditions: Cowell, S.A. 5602 (hereinafter referred to as the ‘permit holder’) CONDITIONS OF THIS LICENCE to engage in the activities and to do the acts specified in Schedule 1. Licence 1, subject to the conditions specified in Schedule 2 from the date The parties acknowledge and agree that: of this permit ending upon the expiration or earlier termination of Licence Number FM00082. 1.1 the rights, powers and privileges granted to or vested in the licensee under this licence are contractual only and SCHEDULE 1 shall not create or vest in the licensee any estate, The importation and release of Pacific Oysters, (Crassostrea interest or right of a proprietary nature in the site; and gigas ) within the waters defined by the following co-ordinates: 1.2 that, subject to section 53A of the Fisheries Act 1982, this licence does not entitle the licensee to exclusive rights of entry to and occupation of the site and that the rights granted by this licence are exercisable by the licensee in common with any other occupiers of the site from time to time. 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2193

2. Marked-off Areas 9.2.1 the licensee must not do or permit to be done in For the purposes of section 53A of the Fisheries Act 1982, the upon or about the site anything which in the marked-off areas within the site is that area or those areas opinion of the Minister would cause or contribute marked-off or indicated in the manner set out in Item 2 of to the degradation or pollution of any coastal Schedule 1 of this licence. land or the surrounding marine environment; and 3. Permitted Species 9.2.2 in the event that the Minister is satisfied, on reasonable grounds, that the fish taken from the The licensee: waters are not fit for human consumption or that 3.1 must not farm or introduce any species at the site other consumption of fish taken from the waters could than the permitted species; and present a danger to the health of the consumer, the licensee must, in accordance with a written 3.2 must not take any wild fish from the site except for notice from the Minister, cease or suspend the recreational purposes. conduct of the permitted use or else conduct the 4. Permitted Use permitted use as directed within the notice. The licensee must not use the site for any purpose other than 10. Public Risk Liability the permitted use. The licensee must at all times indemnify the Minister, his 5. Permitted Methods officers, employees, contractors and agents from and against all claims, demands, actions, judgments, proceedings, damages, losses, The licensee: costs, charges and expenses in respect of any loss of life, personal 5.1 must not stock the permitted species at a rate greater injury and/or damage to property caused or suffered in any than that specified in Schedule 2 of this licence; manner in or about the site. 5.2 must not use the anti-fouling chemical tributyltin (TBT) 11. Release on any equipment used at the site; The licensee must use and keep the site at the risk in all things 5.3 must not use any chemical or drug for either therapeutic of the licensee and the licensee must release to the full extent or prophylactic purpose except with the prior approval permitted by law the Minister, his agents, contractors and of the Minister; servants in the absence of any wilful act, omission, default or neglect on their part from all claims and demands of every kind 5.4 must apply the permitted farming methods set out in resulting from any accident damage or injury to persons or Item 2 of Schedule 2 of this licence. property occurring at the site, including loss or damage to the 6. Marking and Maintaining the Site licensee’s fixtures or personal property of the licensee. The licensee: 12. Public Risk Insurance 6.1 must ensure that the site is maintained in a good, tidy The licensee shall at its own cost and expense during the term and safe condition to the satisfaction of the Minister; effect and keep in full force and effect in respect of the site and the permitted use a policy of public risk insurance in the joint 6.2 must remove and lawfully dispose of any waste or debris names of the licensee and the Minister in which the limits of on the site as soon as is reasonably practicable and in public risk shall not be less than the amount specified in Item 2 of particular must comply with any guidelines issued from Schedule 3 of this licence, or such further amount as the Minister time to time by the Minister in relation to the removal may from time to time reasonably require, as the amount which from the site of any unhealthy or dead fish; may be paid out in respect of any one single claim and a policy of 6.3 must maintain all buoys, crosses, and markers on the site insurance or copy thereof or a certificate of insurance shall be in good condition and in accordance with the colours produced by the licensee to the Minister on request in writing specified in Schedule 1 of this licence; and being made by the Minister for its production. 6.4 must mark the site boundary in accordance with the 13. Guarantee or Indemnity Scheme specifications in Schedule 1 of this licence. The licensee must either: Site Inspection and Supervision 7. 13.1 provide a guarantee from its bankers; or The licensee: 13.2 contribute to an indemnity scheme established for 7.1 must at all times permit the Minister, his employees, the aquaculture and fisheries industry and approved by agents or contractors or any employees, agents or the Minister, contractors of the Crown to enter the site for the to and in favour of and for the benefit of the Minister by way of purposes of inspecting the site, the sea floor and the security for the due and punctual performance by the licensee of flora and fauna on or in the vicinity of the site; and the terms and conditions of this licence and in particular the 7.2 must comply with all reasonable directions of any such obligations of the licensee to rehabilitate the site immediately person authorised by the Director of Fisheries to inspect prior to the expiration or sooner determination of the term of the conduct of the licensee’s activities at the site. this licence. Such guarantee or indemnity scheme must have 8. Fees and Returns effect from the date of commencement of the term. No Assignment The licensee: 14. 8.1 must pay to the Minister the licence fee in accordance The licensee acknowledges that this licence is personal and it with Item l of Schedule 3 of this licence; must not assign or sublet or deal in any other way with any interest in this licence. 8.2 must on or before 31 January and 31 July during the Default by Licensee and Termination term, submit to the Minister a return supplying all of 15. the information described in Schedule 4 of this licence. The Minister may terminate this licence immediately by notice 9. Compliance With Relevant Laws in writing served on the licensee if: 9.1 the licensee must at all times comply with all laws, by- 15.1 the licensee commits or permits any breach or laws or regulations in force which relate to the site or default of the obligations imposed on the licensee by the activities conducted in the site and with all notices, this licence, and following the giving by the Minister orders or requirements lawfully given or made by any of written notice of such breach or default, the authority or authorities in respect of the site; licensee either fails to rectify such breach or default within one calendar month of the date of such notice 9.2 in particular, without derogating from the general (or earlier if the circumstances require) or fails to requirement under condition 9 of this licence: make diligent progress towards rectifying any such breach which is incapable of rectification within the time so limited; or 2194 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

15.2 the licensee commits or permits any further breach 17. Delegation or default of the obligations imposed on the licensee Any consent, notice, any consultation or any other thing by this licence for which the Minister has previously which is pursuant to the terms of this licence either required to be given notice in writing of such breach or default given, done or performed or which may be given, done or pursuant to paragraph 1 of condition 15.1 notwith- performed by the Minister may for the purposes of this licence be standing rectification of the previous breach or properly given, done or performed by any duly authorised agent default; or or employee of the Minister. 15.3 the licence fee referred to in condition 8 is unpaid 18. Severance for a period of 14 days after notice has been given to the licensee that it is outstanding; or If any term or condition of this licence should be for any reason unlawful, void, invalid or unenforceable then the offending 15.4 if the licensee is a body corporate, any of the term or condition shall be severed from this licence without following occur: affecting the validity or enforceability of the remainder of this 15.4.1 the licensee is unable to pay its debts as and licence. when they fall due or is otherwise insolvent; 19. Modification 15.4.2 an order is made for the winding up or No variation of or addition to any provision of this licence liquidation of the licensee; shall be binding upon the Minister and the licensee unless such 15.4.3 the licensee enters into a scheme of variation or addition is made in writing, signed by both the arrangement, compromise, moratorium or Minister and the licensee and expressed to be either supplemental other form of composition with its creditors to or in substitution for the whole or a part of this licence. or any class of its creditors; 20. Waiver 15.4.4 a receiver, a manager or a receiver and 20.1 A waiver of any provision of this licence by the manager, a company administrator or other Minister must both be in writing and be signed by the insolvency administrator is appointed to the Minister or by persons duly authorised to execute such licensee; or a document on the Minister’s part. 15.4.5 a mortgagee, chargee or other encum- 20.2 No waiver by the Minister of a breach of a term or brancee is appointed over or takes condition contained in this licence shall operate as a possession of or appoints an agent to take waiver of any breach of the same or any other term possession of all or any of the licensee’s or condition contained in this licence. assets; or 20.3 No forbearance, delay or indulgence by the Minister 15.5 if the licensee is an individual, the licensee: in enforcing the provisions of this licence shall 15.5.1 becomes bankrupt or assigns its estate or prejudice or restrict the rights of the Minister. enters into a deed of arrangement or other 21. Notices form of composition for the benefit of the licensee’s creditors; or 21.1 Notices may be served by delivering the same personally, by mail or facsimile transmission and shall 15.5.2 is convicted of an indictable offence. be: Termination of this licence by the Minister shall be 21.1.1 in writing addressed to the Director of without prejudice to any rights, remedies or actions Fisheries, PIRSA, 16th Floor, 25 Grenfell that the Minister may have against the licensee in Street, Adelaide, S.A. 5000 (in the case of respect of any antecedent breach by the licensee of the Minister) and to the address of the the terms and conditions contained in this licence. licensee set out above (in the case of the 16. Interpretation licensee); Subject to any inconsistency of subject or context, the 21.1.2 signed by or on behalf of the sender or by a following rules of construction shall be used in the interpretation person duly authorised in that regard by the of this licence: sender; 16.1 any word importing the plural includes the singular 21.1.3 deemed to be duly served or made in the and vice versa; following circumstances: 16.2 any wording importing a gender shall include all (a) if delivered, upon delivery; other genders; (b) if sending by mail, upon posting; 16.3 a reference to a body corporate shall include a (c) vice versa if sent by facsimile transmission, upon natural person and ; the sender’s facsimile producing a 16.4 a reference to a recital, party, clause, Schedule or transmission report that the facsimile Annexure is a reference to a recital, party, clause, was satisfactorily sent in its entirety to Schedule or Annexure of this licence; the addressee’s facsimile number, 16.5 the captions, headings, section numbers and clause but if delivery is not made before 5 p.m. on numbers appearing in this licence are inserted only as any day it shall be deemed to be received at a matter of convenience and in no way affect the 9 a.m. on the next day in that place. construction of this licence; 21.2 The Minister and the licensee may each vary their 16.6 a reference to a statute shall include all statutes address or facsimile number at any time by written amending, consolidating or replacing the statutes notice. referred to; Granted on behalf of the Minister by Director of Fisheries, 16.7 where two or more persons are named as licensees, delegate of the Minister, on 2 November 1999. this licence shall bind the licensees jointly and each of G. R. MORGAN, Director of Fisheries them severally; and The licensee hereby acknowledges and agrees to the terms and 16.8 time is of the essence in respect of any obligation conditions of this licence. relating to time in this licence. Signed by the said P. S. PAGE In the presence of: D. PAGE, Witness 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2195

SCHEDULE 1 Item 3¾Stocking Rates Item 1—The Site Oysters Area applicable to this licence: Size (mm) Number per Hectare Licensed Area Licensed 3 2 500 000 Hectares 10 1 600 000 AGD 66—Zone 53 20 1 100 000 739260E 6042050N 10 30 750 000 739305E 6042200N 40 500 000 738705E 6042390N 50 350 000 738660E 6042240N 60 200 000 70 150 000 All structures, equipment, buoys and flotations (except for that 80 100 000 required by the Department for Transport, Urban Planning and the Arts) must be black, dark grey, dark blue, dark brown, or dark SCHEDULE 3 green coloured materials. Item 1—Fees The boundary of the site to be marked either with: Annual licence fees are: (a) (1) At the corners with posts extending 900 mm above $ mean high water springs. Such posts to be marked FRDC levy per hectare 10 at $12.50 each ...... 125.00 with a St Andrews cross, each cross arm measuring EMP fee per hectare 10 at $22.96 each...... 229.60 900 mm from tip to tip, minimum width 75 mm. Base Licence Fee per hectare 10 at $57 each...... 570.00 (2) Posts to be not less than 125 mm in diameter. SASQAP (classified area) per hectare, 10 at $60 each ...... 600.00 (3) Posts and crosses to be painted yellow. Total Annual Licence Fee...... 1 524.60 (4) The ends of each cross to be marked with a Quarterly instalments...... 381.15 200 mm strip of yellow retro-reflective tape. Item 2—Public Risk Insurance (5) Between the corner posts at intervals not exceeding 50 m, buoys not less than 300 mm in diameter. Five million dollars ($5 000 000). (6) All buoys, posts, crosses and markers must be SCHEDULE 4 maintained in good condition. Returns or The licensee must submit the following information to the (b) (1) At each corner, yellow spar buoys with a St Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 Andrews cross as a top mark placed at least Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and 900 mm above the buoy, cross arms 900 mm long x 31 July during the term of this licence: 75 mm wide. 1. Name of licensee. (2) The buoys and topmarks must all be coloured 2. Address of licensee. yellow and marked with a yellow retro-reflective as in (a) (4). 3. Species of fish farmed and held on the site. (3) All buoys, posts, crosses and markers must be 4. Location of aquaculture operation. maintained in good condition. 5. Period covered by return. When the site is in navigable water and possible danger to 6. Number of life stage of each species of fish held. 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 7. Number, weight and value of each species of fish held. must be yellow in colour and flashing once every 4 seconds and 8. Details of any disease detected in any fish kept. visible over an arc of 360 degrees for a distance of at least one 9. Source (whether interstate or intrastate) of any stock mile. acquired and date of acquisition (if relevant, include name Item 2—Marked-Off Areas of authority that provided certification that stock was free from disease). [Co-ordinates of developed areas within the site to be provided by the licensee.] 10. If any fish were brought into the state, the number of fish and the life stage of the fish. White buoys of at least 12 inches in diameter must be placed around the whole of the perimeter of the developed areas within 11. If fish were brought into the state, the purpose for which the site at a distance of no less than 50 m from one another. they were brought in. SCHEDULE 2 12. Method of disposal of water and packaging use for Item 1¾Permitted Species transporting the fish. 13. If any disease or symptom of disease occurred in the The Director of Fisheries has, pursuant to section 50 (2) of the acquired fish. Act, issued a permit for the release of the fish specified in this Schedule. 14. Method of disposal of diseased or dead fish and the number disposed of. Pacific Oysters (Crassostrea gigas) Item 2¾Permitted Farming Methods 15. Signature, date and telephone number. 16. Use of any chemicals for fish husbandry—type of The Director of Fisheries has, pursuant to section 48G (2) of chemical and quantity used, purpose and date of use. the Act, issued a permit to disturb the seabed for the purpose of installing the structures specified in this Schedule. Racks 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. 2196 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

FISHERIES ACT 1982: SECTION 48G (2) 5. The permit holder must retain the copy of this permit which TAKE notice that pursuant to section 48G (2) of the Fisheries has been supplied by the Director of Fisheries, and if requested by Act 1982, I hereby authorise P. S. and D. Page, Lots 51 and 52, a Fisheries and Aquaculture Officer, produce that permit for Esplanade, Nepean Bay, Kingscote, S.A. 5223 (hereinafter inspection. referred to as the ‘permit holder’) to disturb the seabed of the site Dated 23 July 1999. specified in Item 1 of the Schedule for the purpose only of G. R. MORGAN, Director of Fisheries installing the structures specified in Item 2 of the Schedule in accordance with Marine Mollusc Farming Licence Number FM00084 (such structures not to be installed on the seabed itself) FISHERIES ACT 1982 for the period commencing 1 July 1999 and ending upon the expiration or earlier termination of Marine Mollusc Farming MARINE MOLLUSC FARMING LICENCE FM00089 Licence Number FM00084, issued pursuant to section 53 of the (PREVIOUS LICENCE NO. F759) Fisheries Act 1982. Licence to Farm Fish under section 53 of the Fisheries SCHEDULE 1 Act 1982 Item 1—Location Co-ordinates WHEREAS the Director of Fisheries has, pursuant to section 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to Licensed Area Licensed the undermentioned licensee to release the fish specified in Hectares Item 1 of Schedule 2 of this licence (‘the permitted species’) and, AGD 66—Zone 53 pursuant to section 48G (2) of the Act, the Director of Fisheries 739260E 6042050N 10 has also issued a permit to disturb the seabed for the purpose of 739305E 6042200N installing structures necessary for the licensed activity at the 738705E 6042390N undermentioned site, the Minister for Primary Industries, Natural 738660E 6042240N Resources and Regional Development (‘the Minister’) hereby Item 2—Structures to be installed grants to: Racks Daly Waters Property Pty Ltd (12162) Longlines Coast Road, Coobowie, S.A. 5583, 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. 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 Dated 23 July 1999. farming and taking the permitted species (‘the permitted use’) for G. R. MORGAN, Director of Fisheries the period commencing on 1 July 1999 and ending, subject to any earlier termination under this licence, on 30 June 2000 (‘the term’) subject to the following terms and conditions: FISHERIES ACT 1982: SECTION 50 (2) CONDITIONS OF THIS LICENCE TAKE notice that pursuant to section 50 (2) of the Fisheries Act 1. Licence 1982, I hereby authorise P. S. and D. Page, Lots 51 and 52, Esplanade, Nepean Bay, Kingscote, S.A. 5223 (hereinafter The parties acknowledge and agree that: referred to as the ‘permit holder’) to engage in the activities and 1.1 the rights, powers and privileges granted to or vested in to do the acts specified in Schedule 1, subject to the conditions the licensee under this licence are contractual only and specified in Schedule 2 from the date of this permit ending upon shall not create or vest in the licensee any estate, the expiration or earlier termination of Licence Number interest or right of a proprietary nature in the site; and FM00084. 1.2 that, subject to section 53A of the Fisheries Act 1982, SCHEDULE 1 this licence does not entitle the licensee to exclusive The importation and release of Pacific Oysters, (Crassostrea rights of entry to and occupation of the site and that gigas) within the 10 hectares of water defined by the following the rights granted by this licence are exercisable by the co-ordinates: licensee in common with any other occupiers of the site from time to time. Licensed Area Licensed Hectares 2. Marked-off Areas AGD 66—Zone 53 For the purposes of section 53A of the Fisheries Act 1982, the 739260E 6042050N 10 marked-off areas within the site is that area or those areas 739305E 6042200N marked-off or indicated in the manner set out in Item 2 of 738705E 6042390N Schedule 1 of this licence. 738660E 6042240N 3. Permitted Species SCHEDULE 2 The licensee: 1. Fish obtained within South Australia for use in the fish farm 3.1 must not farm or introduce any species at the site other shall only be obtained from registered fish farmers, licensed than the permitted species; and fishers or other persons approved by the Director of Fisheries. 3.2 must not take any wild fish from the site except for 2. The permit holder shall not import any live fish (ova, fry or recreational purposes. adult) into South Australia unless the shipment has certification from an appropriate authority in the State from which they are 4. Permitted Use obtained that they are free from all relevant notifiable diseases The licensee must not use the site for any purpose other than listed in Schedule 4 or the Fisheries (Exotic Fish, Fish Farming the permitted use. and Fish Diseases) Regulations 1984. 5. Permitted Methods 3. Any oysters brought into South Australia must undergo a soakage process whereby they are completely submerged in fresh The licensee: water for a period of not less than 2 hours before being placed in 5.1 must not stock the permitted species at a rate greater the approved structures. Fresh water is deemed to be water than that specified in Schedule 2 of this licence; suitable for human consumption or horticultural or agricultural use. 5.2 must not use the anti-fouling chemical tributyltin (TBT) on any equipment used at the site; 4. The permit holder shall not contravene or fail to comply with the Fisheries Act 1982, or any regulations made under the 5.3 must not use any chemical or drug for either therapeutic Act, except where specifically permitted by this notice. or prophylactic purpose except with the prior approval of the Minister; 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2197

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

15.4.2 an order is made for the winding up or 20. Waiver liquidation of the licensee; 20.1 A waiver of any provision of this licence by the 15.4.3 the licensee enters into a scheme of Minister must both be in writing and be signed by the arrangement, compromise, moratorium or Minister or by persons duly authorised to execute such other form of composition with its creditors a document on the Minister’s part. or any class of its creditors; 20.2 No waiver by the Minister of a breach of a term or 15.4.4 a receiver, a manager or a receiver and condition contained in this licence shall operate as a manager, a company administrator or other waiver of any breach of the same or any other term insolvency administrator is appointed to the or condition contained in this licence. licensee; or 20.3 No forbearance, delay or indulgence by the Minister 15.4.5 a mortgagee, chargee or other encum- in enforcing the provisions of this licence shall brancee is appointed over or takes prejudice or restrict the rights of the Minister. possession of or appoints an agent to take 21. Notices possession of all or any of the licensee’s assets; or 21.1 Notices may be served by delivering the same personally, by mail or facsimile transmission and shall 15.5 if the licensee is an individual, the licensee: be: 15.5.1 becomes bankrupt or assigns its estate or 21.1.1 in writing addressed to the Director of enters into a deed of arrangement or other Fisheries, PIRSA, 16th Floor, 25 Grenfell form of composition for the benefit of the Street, Adelaide, S.A. 5000 (in the case of licensee’s creditors; or the Minister) and to the address of the 15.5.2 is convicted of an indictable offence. licensee set out above (in the case of the Termination of this licence by the Minister shall be licensee); without prejudice to any rights, remedies or actions 21.1.2 signed by or on behalf of the sender or by a that the Minister may have against the licensee in person duly authorised in that regard by the respect of any antecedent breach by the licensee of sender; the terms and conditions contained in this licence. 21.1.3 deemed to be duly served or made in the 16. Interpretation following circumstances: Subject to any inconsistency of subject or context, the (a) if delivered, upon delivery; following rules of construction shall be used in the interpretation (b) if sending by mail, upon posting; of this licence: (c) if sent by facsimile transmission, upon 16.1 any word importing the plural includes the singular vice versa the sender’s facsimile producing a and ; transmission report that the facsimile 16.2 any wording importing a gender shall include all was satisfactorily sent in its entirety to other genders; the addressee’s facsimile number, 16.3 a reference to a body corporate shall include a but if delivery is not made before 5 p.m. on natural person and vice versa; any day it shall be deemed to be received at 16.4 a reference to a recital, party, clause, Schedule or 9 a.m. on the next day in that place. Annexure is a reference to a recital, party, clause, 21.2 The Minister and the licensee may each vary their Schedule or Annexure of this licence; address or facsimile number at any time by written 16.5 the captions, headings, section numbers and clause notice. numbers appearing in this licence are inserted only as 22. SASQAP a matter of convenience and in no way affect the 22.1 The licensee: construction of this licence; 22.1.1 must submit to the Manager, South 16.6 a reference to a statute shall include all statutes Australian Shellfish Quality Assurance amending, consolidating or replacing the statutes Program (‘SASQAP’) for testing such referred to; sample as the Manager, SASQAP requires of 16.7 where two or more persons are named as licensees, the fish farmed at the site and specified in this licence shall bind the licensees jointly and each of Item 1.1 of Schedule 2; them severally; and 22.1.2 must comply with all reasonable require- 16.8 time is of the essence in respect of any obligation ments of the Manager, SASQAP in relation relating to time in this licence. to such testing; and 17. Delegation 22.1.3 must obtain the written consent of the Any consent, notice, any consultation or any other thing Manager, SASQAP, prior to making any of which is pursuant to the terms of this licence either required to be the fish farmed at the site and specified in given, done or performed or which may be given, done or Item 1.1 of Schedule 2, available for human performed by the Minister may for the purposes of this licence be consumption. properly given, done or performed by any duly authorised agent Granted on behalf of the Minister by Director of Fisheries, or employee of the Minister. delegate of the Minister, on 2 November 1999. 18. Severance G. R. MORGAN, Director of Fisheries If any term or condition of this licence should be for any The licensee hereby acknowledges and agrees to the terms and reason unlawful, void, invalid or unenforceable then the offending conditions of this licence. term or condition shall be severed from this licence without The Common Seal of Daly Waters Property Pty Ltd was affecting the validity or enforceability of the remainder of this hereunto affixed in the presence of: licence. (L.S.) L. A. VENABLE, Director 19. Modification M. S. VENABLE, Secretary No variation of or addition to any provision of this licence shall be binding upon the Minister and the licensee unless such variation or addition is made in writing, signed by both the Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2199

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. Item 3¾Stocking Rates Licensed Area Licensed Hectares Oysters AGD 66—Zone 53 Size (mm) Number per Hectare 749800E 6116500N 10 3 2 500 000 749952E 6116341N 10 1 600 000 749790E 6115847N 20 1 100 000 749638E 6116006N 30 750 000 All structures, equipment, buoys and flotations (except for that 40 500 000 required by the Department for Transport, Urban Planning and 50 350 000 the Arts) must be black, dark grey, dark blue, dark brown, or dark 60 200 000 green coloured materials. 70 150 000 The boundary of the site to be marked either with: 80 100 000 (a) (1) At the corners with posts extending 900 mm above SCHEDULE 3 mean high water springs. Such posts to be marked Item 1—Fees with a St Andrews cross, each cross arm measuring Annual licence fees are: 900 mm from tip to tip, minimum width 75 mm. $ (2) Posts to be not less than 125 mm in diameter. FRDC levy per hectare 10 at $12.50 each ...... 125.00 (3) Posts and crosses to be painted yellow. EMP fee per hectare 10 at $22.96 each...... 229.60 (4) The ends of each cross to be marked with a Base Licence Fee per hectare 10 at $57 each...... 570.00 200 mm strip of yellow retro-reflective tape. SASQAP (classified area) per hectare 10 at $60 each 600.00 Total Annual Licence Fee...... 1 524.60 (5) Between the corner posts at intervals not exceeding 50 m, buoys not less than 300 mm in diameter. Quarterly instalments...... 381.15 (6) All buoys, posts, crosses and markers must be Item 2—Public Risk Insurance maintained in good condition. Five million dollars ($5 000 000). or SCHEDULE 4 (b) (1) At each corner, yellow spar buoys with a St Returns Andrews cross as a top mark placed at least 900 mm above the buoy, cross arms 900 mm long x The licensee must submit the following information to the 75 mm wide. Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and (2) The buoys and topmarks must all be coloured 31 July during the term of this licence: yellow and marked with a yellow retro-reflective as in (a) (4). 1. Name of licensee. (3) 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 4. Location of aquaculture operation. 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 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 7. Number, weight and value of each species of fish held. mile. 8. Details of any disease detected in any fish kept. Item 2—Marked-Off Areas 9. Source (whether interstate or intrastate) of any stock [Co-ordinates of developed areas within the site to be provided acquired and date of acquisition (if relevant, include name by the licensee.] of authority that provided certification that stock was White buoys of at least 12 inches in diameter must be placed free from disease). around the whole of the perimeter of the developed areas within 10. If any fish were brought into the state, the number of the site at a distance of no less than 50 m from one another. fish and the life stage of the fish. SCHEDULE 2 11. If fish were brought into the state, the purpose for which Item 1¾Permitted Species they were brought in. The Director of Fisheries has, pursuant to section 50 (2) of the 12. Method of disposal of water and packaging use for Act, issued a permit for the release of the fish specified in this transporting the fish. Schedule. 13. If any disease or symptom of disease occurred in the Pacific Oysters (Crassostrea gigas) acquired fish. Item 1.1—Fish subject to SASQAP testing 14. Method of disposal of diseased or dead fish and the number disposed of. Pacific Oysters (Crassostrea gigas) Item 2¾Permitted Farming Methods 15. Signature, date and telephone number. 16. Use of any chemicals for fish husbandry—type of The Director of Fisheries has, pursuant to section 48G (2) of chemical and quantity used, purpose and date of use. the Act, issued a permit to disturb the seabed for the purpose of installing the structures specified in this Schedule. 2200 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

FISHERIES ACT 1982: SECTION 48G (2) FISHERIES ACT 1982 TAKE notice that pursuant to section 48G (2) of the Fisheries MARINE MOLLUSC FARMING LICENCE FM00092 Act 1982, I hereby authorise Daly Waters Property Pty Ltd, (PREVIOUS LICENCE NO. F763) Coast Road, Coobowie, S.A. 5583 (hereafter referred to as the Licence to Farm Fish under section 53 of the Fisheries ‘permit holder’) to disturb the seabed of the site specified in Item Act 1982 1 of the Schedule for the purpose only of installing the structures specified in Item 2 of the Schedule in accordance with Marine WHEREAS the Director of Fisheries has, pursuant to section Mollusc Farming Licence Number FM00089 (such structures not 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to to be installed on the seabed itself) for the period commencing the undermentioned licensee to release the fish specified in 1 July 1999 and ending upon the expiration or earlier termination Item 1 of Schedule 2 of this licence (‘the permitted species’) and, of Marine Mollusc Farming Licence Number FM00089, issued pursuant to section 48G (2) of the Act, the Director of Fisheries pursuant to section 53 of the Fisheries Act 1982. has also issued a permit to disturb the seabed for the purpose of installing structures necessary for the licensed activity at the SCHEDULE 1 undermentioned site, the Minister for Primary Industries, Natural Item 1—Location Co-ordinates Resources and Regional Development (‘the Minister’) hereby Licensed Area Licensed grants to: Hectares G. C. and R. R. Connell AGD 66—Zone 53 33 Esplanade 749800E 6116500N 10 Kingscote, S.A. 5223, 749952E 6116341N a non-exclusive licence to occupy and use the waters specified in 749790E 6115847N Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of 749638E 6116006N farming and taking the permitted species (‘the permitted use’) for Item 2—Structures to be installed the period commencing on 1 July 1999 and ending, subject to any Longlines earlier termination under this licence, on 30 June 2000 (‘the term’) subject to the following terms and conditions: 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. CONDITIONS OF THIS LICENCE Licence Dated 2 November 1999. 1. G. R. MORGAN, Director of Fisheries The parties acknowledge and agree that: 1.1 the rights, powers and privileges granted to or vested in FISHERIES ACT 1982: SECTION 50 (2) the licensee under this licence are contractual only and shall not create or vest in the licensee any estate, TAKE notice that pursuant to section 50 (2) of the Fisheries Act interest or right of a proprietary nature in the site; and 1982, I hereby authorise Daly Waters Property Pty Ltd, Coast Road, Coobowie, S.A. 5583 (hereinafter referred to as the ‘permit 1.2 that, subject to section 53A of the Fisheries Act 1982, holder’) to engage in the activities and to do the acts specified in this licence does not entitle the licensee to exclusive Schedule 1, subject to the conditions specified in Schedule 2 from rights of entry to and occupation of the site and that the date of this permit ending upon the expiration or earlier the rights granted by this licence are exercisable by the termination of Licence Number FM00089. licensee in common with any other occupiers of the site from time to time. SCHEDULE 1 Marked-off Areas The importation and release of Pacific Oysters, (Crassostrea 2. gigas) within the waters defined by the following co-ordinates: For the purposes of section 53A of the Fisheries Act 1982, the Licensed Area Licensed marked-off areas within the site is that area or those areas Hectares marked-off or indicated in the manner set out in Item 2 of AGD 66—Zone 53 Schedule 1 of this licence. 749800E 6116500N 10 3. Permitted Species 749952E 6116341N The licensee: 749790E 6115847N 749638E 6116006N 3.1 must not farm or introduce any species at the site other than the permitted species; and SCHEDULE 2 3.2 must not take any wild fish from the site except for 1. Fish obtained within South Australia for use in the fish farm recreational purposes. shall only be obtained from registered fish farmers, licensed fishers or other persons approved by the Director of Fisheries. 4. Permitted Use 2. The permit holder shall not import any live fish (ova, fry or The licensee must not use the site for any purpose other than adult) into South Australia unless the shipment has certification the permitted use. from an appropriate authority in the State from which they are 5. Permitted Methods obtained that they are free from all relevant notifiable diseases listed in Schedule 4 or the Fisheries (Exotic Fish, Fish Farming The licensee: and Fish Diseases) Regulations 1984. 5.1 must not stock the permitted species at a rate greater 3. Any oysters brought into South Australia must undergo a than that specified in Schedule 2 of this licence; soakage process whereby they are completely submerged in fresh 5.2 must not use the anti-fouling chemical tributyltin (TBT) water for a period of not less than 2 hours before being placed in on any equipment used at the site; the approved structures. Fresh water is deemed to be water 5.3 must not use any chemical or drug for either therapeutic suitable for human consumption or horticultural or agricultural or prophylactic purpose except with the prior approval use. of the Minister; 4. The permit holder shall not contravene or fail to comply 5.4 must apply the permitted farming methods set out in with the Fisheries Act 1982, or any regulations made under the Item 2 of Schedule 2 of this licence. Act, except where specifically permitted by this notice. 6. Marking and Maintaining the Site 5. The permit holder must retain the copy of this permit which has been supplied by the Director of Fisheries, and if requested by The licensee: a Fisheries and Aquaculture Officer, produce that permit for 6.1 must ensure that the site is maintained in a good, tidy inspection. and safe condition to the satisfaction of the Minister; Dated 2 November 1999. G. R. MORGAN, Director of Fisheries 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2201

6.2 must remove and lawfully dispose of any waste or debris 12. Public Risk Insurance on the site as soon as is reasonably practicable and in The licensee shall at its own cost and expense during the term particular must comply with any guidelines issued from effect and keep in full force and effect in respect of the site and time to time by the Minister in relation to the removal the permitted use a policy of public risk insurance in the joint from the site of any unhealthy or dead fish; names of the licensee and the Minister in which the limits of 6.3 must maintain all buoys, crosses, and markers on the site public risk shall not be less than the amount specified in Item 2 of in good condition and in accordance with the colours Schedule 3 of this licence, or such further amount as the Minister specified in Schedule 1 of this licence; and may from time to time reasonably require, as the amount which 6.4 must mark the site boundary in accordance with the may be paid out in respect of any one single claim and a policy of specifications in Schedule 1 of this licence. insurance or copy thereof or a certificate of insurance shall be produced by the licensee to the Minister on request in writing 7. Site Inspection and Supervision being made by the Minister for its production. The licensee: 13. Guarantee or Indemnity Scheme 7.1 must at all times permit the Minister, his employees, The licensee must either: agents or contractors or any employees, agents or contractors of the Crown to enter the site for the 13.1 provide a guarantee from its bankers; or purposes of inspecting the site, the sea floor and the 13.2 contribute to an indemnity scheme established for flora and fauna on or in the vicinity of the site; and the aquaculture and fisheries industry and approved by 7.2 must comply with all reasonable directions of any such the Minister, person authorised by the Director of Fisheries to inspect to and in favour of and for the benefit of the Minister by way of the conduct of the licensee’s activities at the site. security for the due and punctual performance by the licensee of 8. Fees and Returns the terms and conditions of this licence and in particular the obligations of the licensee to rehabilitate the site immediately The licensee: prior to the expiration or sooner determination of the term of 8.1 must pay to the Minister the licence fee in accordance this licence. Such guarantee or indemnity scheme must have with Item l of Schedule 3 of this licence; effect from the date of commencement of the term. 8.2 must on or before 31 January and 31 July during the 14. No Assignment term, submit to the Minister a return supplying all of The licensee acknowledges that this licence is personal and it the information described in Schedule 4 of this licence. must not assign or sublet or deal in any other way with any 9. Compliance With Relevant Laws interest in this licence. 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 time so limited; or 9.2.2 in the event that the Minister is satisfied, on 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 that it is outstanding; or The licensee must at all times indemnify the Minister, his 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 2202 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

15.4.5 a mortgagee, chargee or other encum- 20.3 No forbearance, delay or indulgence by the Minister brancee is appointed over or takes in enforcing the provisions of this licence shall possession of or appoints an agent to take prejudice or restrict the rights of the Minister. possession of all or any of the licensee’s 21. Notices assets; or 21.1 Notices may be served by delivering the same 15.5 if the licensee is an individual, the licensee: personally, by mail or facsimile transmission and shall 15.5.1 becomes bankrupt or assigns its estate or be: enters into a deed of arrangement or other 21.1.1 in writing addressed to the Director of form of composition for the benefit of the Fisheries, PIRSA, 16th Floor, 25 Grenfell licensee’s creditors; or Street, Adelaide, S.A. 5000 (in the case of 15.5.2 is convicted of an indictable offence. the Minister) and to the address of the Termination of this licence by the Minister shall be licensee set out above (in the case of the without prejudice to any rights, remedies or actions licensee); that the Minister may have against the licensee in 21.1.2 signed by or on behalf of the sender or by a respect of any antecedent breach by the licensee of person duly authorised in that regard by the the terms and conditions contained in this licence. sender; 16. Interpretation 21.1.3 deemed to be duly served or made in the Subject to any inconsistency of subject or context, the following circumstances: following rules of construction shall be used in the interpretation (a) if delivered, upon delivery; of this licence: (b) if sending by mail, upon posting; 16.1 any word importing the plural includes the singular (c) vice versa if sent by facsimile transmission, upon and ; the sender’s facsimile producing a 16.2 any wording importing a gender shall include all transmission report that the facsimile other genders; was satisfactorily sent in its entirety to 16.3 a reference to a body corporate shall include a the addressee’s facsimile number, natural person and vice versa; but if delivery is not made before 5 p.m. on 16.4 a reference to a recital, party, clause, Schedule or any day it shall be deemed to be received at Annexure is a reference to a recital, party, clause, 9 a.m. on the next day in that place. Schedule or Annexure of this licence; 21.2 The Minister and the licensee may each vary their 16.5 the captions, headings, section numbers and clause address or facsimile number at any time by written numbers appearing in this licence are inserted only as notice. a matter of convenience and in no way affect the Granted on behalf of the Minister by Director of Fisheries, construction of this licence; delegate of the Minister, on 2 November 1999. 16.6 a reference to a statute shall include all statutes G. R. MORGAN, Director of Fisheries amending, consolidating or replacing the statutes The licensee hereby acknowledges and agrees to the terms and referred to; conditions of this licence. 16.7 where two or more persons are named as licensees, Signed by the said G. C. CONNELL this licence shall bind the licensees jointly and each of them severally; and In the presence of: D. B. SMITH, Witness 16.8 time is of the essence in respect of any obligation SCHEDULE 1 relating to time in this licence. Item 1—The Site 17. Delegation Area applicable to this licence: Any consent, notice, any consultation or any other thing Licensed Area Licensed which is pursuant to the terms of this licence either required to be Hectares given, done or performed or which may be given, done or AGD 66—Zone 53 performed by the Minister may for the purposes of this licence be properly given, done or performed by any duly authorised agent 741189E 6041612N 5 or employee of the Minister. 741208E 6041735N 740814E 6041807N 18. Severance 740796E 6041683N If any term or condition of this licence should be for any All structures, equipment, buoys and flotations (except for that reason unlawful, void, invalid or unenforceable then the offending required by the Department for Transport, Urban Planning and term or condition shall be severed from this licence without the Arts) must be black, dark grey, dark blue, dark brown, or dark affecting the validity or enforceability of the remainder of this green coloured materials. licence. The boundary of the site to be marked either with: 19. Modification (a) (1) At the corners with posts extending 900 mm above No variation of or addition to any provision of this licence mean high water springs. Such posts to be marked shall be binding upon the Minister and the licensee unless such with a St Andrews cross, each cross arm measuring variation or addition is made in writing, signed by both the 900 mm from tip to tip, minimum width 75 mm. Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. (2) Posts to be not less than 125 mm in diameter. 20. Waiver (3) Posts and crosses to be painted yellow. 20.1 A waiver of any provision of this licence by the (4) The ends of each cross to be marked with a Minister must both be in writing and be signed by the 200 mm strip of yellow retro-reflective tape. Minister or by persons duly authorised to execute such (5) Between the corner posts at intervals not exceeding a document on the Minister’s part. 50 m, buoys not less than 300 mm in diameter. 20.2 No waiver by the Minister of a breach of a term or (6) All buoys, posts, crosses and markers must be condition contained in this licence shall operate as a maintained in good condition. waiver of any breach of the same or any other term or condition contained in this licence. or 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2203

(b) (1) At each corner, yellow spar buoys with a St 1. Name of licensee. Andrews cross as a top mark placed at least 2. Address of licensee. 900 mm above the buoy, cross arms 900 mm long x 75 mm wide. 3. Species of fish farmed and held on the site. (2) The buoys and topmarks must all be coloured 4. Location of aquaculture operation. yellow and marked with a yellow retro-reflective as 5. Period covered by return. in (a) (4). 6. Number of life stage of each species of fish held. (3) All buoys, posts, crosses and markers must be maintained in good condition. 7. Number, weight and value of each species of fish held. When the site is in navigable water and possible danger to 8. Details of any disease detected in any fish kept. navigation, lights must be placed on the top of each St Andrews 9. Source (whether interstate or intrastate) of any stock cross that is located at each corner of the site and these lights acquired and date of acquisition (if relevant, include name must be yellow in colour and flashing once every 4 seconds and of authority that provided certification that stock was visible over an arc of 360 degrees for a distance of at least one free from disease). mile. 10. If any fish were brought into the state, the number of Item 2—Marked-Off Areas fish and the life stage of the fish. [Co-ordinates of developed areas within the site to be provided 11. If fish were brought into the state, the purpose for which by the licensee.] they were brought in. White buoys of at least 12 inches in diameter must be placed 12. Method of disposal of water and packaging use for around the whole of the perimeter of the developed areas within transporting the fish. the site at a distance of no less than 50 m from one another. 13. If any disease or symptom of disease occurred in the SCHEDULE 2 acquired fish. Item 1¾Permitted Species 14. Method of disposal of diseased or dead fish and the The Director of Fisheries has, pursuant to section 50 (2) of the number disposed of. Act, issued a permit for the release of the fish specified in this 15. Signature, date and telephone number. Schedule. 16. Use of any chemicals for fish husbandry—type of Pacific Oysters (Crassostrea gigas) chemical and quantity used, purpose and date of use. Item 2¾Permitted Farming Methods The Director of Fisheries has, pursuant to section 48G (2) of FISHERIES ACT 1982 the Act, issued a permit to disturb the seabed for the purpose of installing the structures specified in this Schedule. MARINE MOLLUSC FARMING LICENCE FM00110 (PREVIOUS LICENCE NO. F786) Longlines Licence to Farm Fish under section 53 of the Fisheries Each BST longline unit must comply with the construction Act 1982 requirements specified in the Decision Notification form issued for the site under Regulation 42 of the Development Regulation WHEREAS the Director of Fisheries has, pursuant to section Act 1993. 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to the undermentioned licensee to release the fish specified in Item 3¾Stocking Rates Item 1 of Schedule 2 of this licence (‘the permitted species’) and, Oysters 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 Size (mm) Number per Hectare installing structures necessary for the licensed activity at the 3 2 500 000 undermentioned site, the Minister for Primary Industries, Natural 10 1 600 000 Resources and Regional Development (‘the Minister’) hereby 20 1 100 000 grants to: 30 750 000 40 500 000 Chintarra Pty Ltd (13106) 50 350 000 Sections 4 and 5, Hundred of Moule 60 200 000 Ceduna, S.A. 5690, 70 150 000 a non-exclusive licence to occupy and use the waters specified in 80 100 000 Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of farming and taking the permitted species (‘the permitted use’) for SCHEDULE 3 the period commencing on 1 July 1999 and ending, subject to any Item 1—Fees earlier termination under this licence, on 30 June 2000 (‘the Annual licence fees are: term’) subject to the following terms and conditions: $ CONDITIONS OF THIS LICENCE FRDC Levy per hectare 5 at $12.50...... 62.50 1. Licence EMP Fee per hectare 5 at $22.96 each...... 114.80 The parties acknowledge and agree that: Base Licence Fee per hectare 5 at $57 each...... 285.00 SASQAP (Classified Area) per hectare 5 at $60 each..... 300.00 1.1 the rights, powers and privileges granted to or vested in the licensee under this licence are contractual only and Total Annual Licence Fee ...... 762.30 shall not create or vest in the licensee any estate, Quarterly Instalments...... 190.58 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 marked-off or indicated in the manner set out in Item 2 of Schedule 1 of this licence. 2204 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

3. Permitted Species 9.2.2 in the event that the Minister is satisfied, on The licensee: reasonable grounds, that the fish taken from the waters are not fit for human consumption or that 3.1 must not farm or introduce any species at the site other consumption of fish taken from the waters could than the permitted species; and present a danger to the health of the consumer, 3.2 must not take any wild fish from the site except for the licensee must, in accordance with a written recreational purposes. notice from the Minister, cease or suspend the conduct of the permitted use or else conduct the 4. Permitted Use permitted use as directed within the notice. The licensee must not use the site for any purpose other than 10. Public Risk Liability the permitted use. The licensee must at all times indemnify the Minister, his 5. Permitted Methods officers, employees, contractors and agents from and against all The licensee: claims, demands, actions, judgments, proceedings, damages, losses, costs, charges and expenses in respect of any loss of life, personal 5.1 must not stock the permitted species at a rate greater injury and/or damage to property caused or suffered in any than that specified in Schedule 2 of this licence; manner in or about the site. 5.2 must not use the anti-fouling chemical tributyltin (TBT) 11. Release on any equipment used at the site; The licensee must use and keep the site at the risk in all things 5.3 must not use any chemical or drug for either therapeutic of the licensee and the licensee must release to the full extent or prophylactic purpose except with the prior approval permitted by law the Minister, his agents, contractors and of the Minister; servants in the absence of any wilful act, omission, default or 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 property occurring at the site, including loss or damage to the 6. Marking and Maintaining the Site licensee’s fixtures or personal property of the licensee. The licensee: 12. Public Risk Insurance 6.1 must ensure that the site is maintained in a good, tidy The licensee shall at its own cost and expense during the term and safe condition to the satisfaction of the Minister; effect and keep in full force and effect in respect of the site and 6.2 must remove and lawfully dispose of any waste or debris the permitted use a policy of public risk insurance in the joint on the site as soon as is reasonably practicable and in names of the licensee and the Minister in which the limits of particular must comply with any guidelines issued from public risk shall not be less than the amount specified in Item 2 of time to time by the Minister in relation to the removal Schedule 3 of this licence, or such further amount as the Minister from the site of any unhealthy or dead fish; may from time to time reasonably require, as the amount which may be paid out in respect of any one single claim and a policy of 6.3 must maintain all buoys, crosses, and markers on the site insurance or copy thereof or a certificate of insurance shall be in good condition and in accordance with the colours produced by the licensee to the Minister on request in writing specified in Schedule 1 of this licence; and being made by the Minister for its production. 6.4 must mark the site boundary in accordance with the 13. Guarantee or Indemnity Scheme specifications in Schedule 1 of this licence. The licensee must either: 7. Site Inspection and Supervision 13.1 provide a guarantee from its bankers; or The licensee: 13.2 contribute to an indemnity scheme established for 7.1 must at all times permit the Minister, his employees, the aquaculture and fisheries industry and approved by agents or contractors or any employees, agents or the Minister, contractors of the Crown to enter the site for the purposes of inspecting the site, the sea floor and the to and in favour of and for the benefit of the Minister by way of flora and fauna on or in the vicinity of the site; and security for the due and punctual performance by the licensee of the terms and conditions of this licence and in particular the 7.2 must comply with all reasonable directions of any such obligations of the licensee to rehabilitate the site immediately person authorised by the Director of Fisheries to inspect prior to the expiration or sooner determination of the term of the conduct of the licensee’s activities at the site. this licence. Such guarantee or indemnity scheme must have 8. Fees and Returns effect from the date of commencement of the term. The licensee: 14. No Assignment 8.1 must pay to the Minister the licence fee in accordance The licensee acknowledges that this licence is personal and it with Item l of Schedule 3 of this licence; must not assign or sublet or deal in any other way with any 8.2 must on or before 31 January and 31 July during the interest in this licence. term, submit to the Minister a return supplying all of 15. Default by Licensee and Termination the information described in Schedule 4 of this licence. The Minister may terminate this licence immediately by notice 9. Compliance With Relevant Laws in writing served on the licensee if: 9.1 the licensee must at all times comply with all laws, by- 15.1 the licensee commits or permits any breach or laws or regulations in force which relate to the site or default of the obligations imposed on the licensee by the activities conducted in the site and with all notices, this licence, and following the giving by the Minister orders or requirements lawfully given or made by any of written notice of such breach or default, the authority or authorities in respect of the site; licensee either fails to rectify such breach or default 9.2 in particular, without derogating from the general within one calendar month of the date of such notice requirement under condition 9 of this licence: (or earlier if the circumstances require) or fails to make diligent progress towards rectifying any such 9.2.1 the licensee must not do or permit to be done in breach which is incapable of rectification within the upon or about the site anything which in the time so limited; or opinion of the Minister would cause or contribute to the degradation or pollution of any coastal 15.2 the licensee commits or permits any further breach land or the surrounding marine environment; and or default of the obligations imposed on the licensee by this licence for which the Minister has previously given notice in writing of such breach or default pursuant to paragraph 1 of condition 15.1 notwith- standing rectification of the previous breach or default; or 15.3 the licence fee referred to in condition 8 is unpaid for a period of 14 days after notice has been given to the licensee that it is outstanding; or 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2205

15.4 if the licensee is a body corporate, any of the 18. Severance following occur: If any term or condition of this licence should be for any 15.4.1 the licensee is unable to pay its debts as and reason unlawful, void, invalid or unenforceable then the offending when they fall due or is otherwise insolvent; term or condition shall be severed from this licence without 15.4.2 an order is made for the winding up or affecting the validity or enforceability of the remainder of this liquidation of the licensee; licence. Modification 15.4.3 the licensee enters into a scheme of 19. arrangement, compromise, moratorium or No variation of or addition to any provision of this licence other form of composition with its creditors shall be binding upon the Minister and the licensee unless such or any class of its creditors; variation or addition is made in writing, signed by both the 15.4.4 a receiver, a manager or a receiver and Minister and the licensee and expressed to be either supplemental manager, a company administrator or other to or in substitution for the whole or a part of this licence. insolvency administrator is appointed to the 20. Waiver licensee; or 20.1 A waiver of any provision of this licence by the 15.4.5 a mortgagee, chargee or other encum- Minister must both be in writing and be signed by the brancee is appointed over or takes Minister or by persons duly authorised to execute such possession of or appoints an agent to take a document on the Minister’s part. possession of all or any of the licensee’s 20.2 No waiver by the Minister of a breach of a term or assets; or condition contained in this licence shall operate as a 15.5 if the licensee is an individual, the licensee: waiver of any breach of the same or any other term 15.5.1 becomes bankrupt or assigns its estate or or condition contained in this licence. enters into a deed of arrangement or other 20.3 No forbearance, delay or indulgence by the Minister form of composition for the benefit of the in enforcing the provisions of this licence shall licensee’s creditors; or prejudice or restrict the rights of the Minister. 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 vice versa; person duly authorised in that regard by the 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 (a) natural person and vice versa; if delivered, upon delivery; (b) 16.4 a reference to a recital, party, clause, Schedule or 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 Granted on behalf of the Minister by Director of Fisheries, 16.8 time is of the essence in respect of any obligation delegate of the Minister, on 2 November 1999. relating to time in this licence. G. R. MORGAN, Director of Fisheries 17. Delegation The licensee hereby acknowledges and agrees to the terms and Any consent, notice, any consultation or any other thing conditions of this licence. which is pursuant to the terms of this licence either required to be Signed by the said L. K. STOTT given, done or performed or which may be given, done or In the presence of: C. STOTT, Witness performed by the Minister may for the purposes of this licence be properly given, done or performed by any duly authorised agent or employee of the Minister. 2206 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

SCHEDULE 1 Item 3¾Stocking Rates Item 1—The Site Oysters Area applicable to this licence: Size (mm) Number per Hectare Licensed Area Licensed 3 2 500 000 Hectares 10 1 600 000 AGD 66—Zone 53 20 1 100 000 364259E 6440962N 10 30 750 000 364435E 6440710N 40 500 000 364219E 6440654N 50 350 000 364055E 6440478N 60 200 000 363856E 6440463N 70 150 000 80 100 000 All structures, equipment, buoys and flotations (except for that required by the Department for Transport, Urban Planning and SCHEDULE 3 the Arts) must be black, dark grey, dark blue, dark brown, or dark Item 1—Fees green coloured materials. Annual licence fees are: The boundary of the site to be marked either with: $ (a) (1) At the corners with posts extending 900 mm above FRDC levy per hectare 10 at $12.50 each ...... 125.00 mean high water springs. Such posts to be marked EMP fee per hectare 10 at $22.96 each...... 229.60 with a St Andrews cross, each cross arm measuring Base Licence Fee per hectare 10 at $57 each...... 570.00 900 mm from tip to tip, minimum width 75 mm. SASQAP (classified area) per hectare 10 at (2) Posts to be not less than 125 mm in diameter. $60 each ...... 600.00 Total Annual Licence Fee...... 1 524.60 (3) Posts and crosses to be painted yellow. Quarterly instalments...... 381.15 (4) The ends of each cross to be marked with a 200 mm strip of yellow retro-reflective tape. Item 2—Public Risk Insurance (5) Between the corner posts at intervals not exceeding Five million dollars ($5 000 000). 50 m, buoys not less than 300 mm in diameter. SCHEDULE 4 (6) All buoys, posts, crosses and markers must be Returns maintained in good condition. The licensee must submit the following information to the or Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 (b) (1) At each corner, yellow spar buoys with a St Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and Andrews cross as a top mark placed at least 31 July during the term of this licence: 900 mm above the buoy, cross arms 900 mm long x 1. Name of licensee. 75 mm wide. 2. Address of licensee. (2) The buoys and topmarks must all be coloured yellow and marked with a yellow retro-reflective as 3. Species of fish farmed and held on the site. in (a) (4). 4. Location of aquaculture operation. (3) All buoys, posts, crosses and markers must be 5. Period covered by return. maintained in good condition. 6. Number of life stage of each species of fish held. When the site is in navigable water and possible danger to navigation, lights must be placed on the top of each St Andrews 7. Number, weight and value of each species of fish held. cross that is located at each corner of the site and these lights 8. Details of any disease detected in any fish kept. must be yellow in colour and flashing once every 4 seconds and 9. Source (whether interstate or intrastate) of any stock visible over an arc of 360 degrees for a distance of at least one acquired and date of acquisition (if relevant, include name mile. of authority that provided certification that stock was Item 2—Marked-Off Areas free from disease). [Co-ordinates of developed areas within the site to be provided 10. If any fish were brought into the state, the number of by the licensee.] fish and the life stage of the fish. White buoys of at least 12 inches in diameter must be placed 11. If fish were brought into the state, the purpose for which around the whole of the perimeter of the developed areas within they were brought in. the site at a distance of no less than 50 m from one another. 12. Method of disposal of water and packaging use for SCHEDULE 2 transporting the fish. Item 1¾Permitted Species 13. If any disease or symptom of disease occurred in the acquired 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 14. Method of disposal of diseased or dead fish and the Schedule. number disposed of. Pacific Oysters (Crassostrea gigas) 15. Signature, date and telephone number. Item 2¾Permitted Farming Methods 16. Use of any chemicals for fish husbandry—type of chemical and quantity used, purpose and date of use. The Director of Fisheries has, pursuant to section 48G (2) of the Act, issued a permit to disturb the seabed for the purpose of installing the structures specified in this Schedule. BST Longlines Racks 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. 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2207

FISHERIES ACT 1982: SECTION 48G (2) 4. The permit holder shall not contravene or fail to comply TAKE notice that pursuant to section 48G (2) of the Fisheries with the Fisheries Act 1982, or any regulations made under the Act 1982, I hereby authorise Chintarra Pty Ltd, Sections 4 and 5, Act, except where specifically permitted by this notice. Hundred of Moule, Ceduna, S.A. 5690 (hereafter referred to as 5. The permit holder must retain the copy of this permit which the ‘permit holder’) to disturb the seabed of the site specified in has been supplied by the Director of Fisheries, and if requested by Item 1 of the Schedule for the purpose only of installing the a Fisheries and Aquaculture Officer, produce that permit for structures specified in Item 2 of the Schedule in accordance with inspection. Marine Mollusc Farming Licence Number FM00110 (such Dated 2 November 1999. structures not to be installed on the seabed itself) for the period commencing 1 July 1999 and ending upon the expiration or G. R. MORGAN, Director of Fisheries earlier termination of Marine Mollusc Farming Licence Number FM00110, issued pursuant to section 53 of the Fisheries Act 1982. FISHERIES ACT 1982 SCHEDULE 1 MARINE MOLLUSC FARMING LICENCE FM00111 (PREVIOUS LICENCE NO. F787) Item 1—Location Co-ordinates Licence to Farm Fish under section 53 of the Fisheries Licensed Area Licensed Act 1982 Hectares AGD 66—Zone 53 WHEREAS the Director of Fisheries has, pursuant to section 364259E 6440962N 10 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to 364435E 6440710N the undermentioned licensee to release the fish specified in 364219E 6440654N Item 1 of Schedule 2 of this licence (‘the permitted species’) and, 364055E 6440478N pursuant to section 48G (2) of the Act, the Director of Fisheries 363856E 6440463N has also issued a permit to disturb the seabed for the purpose of installing structures necessary for the licensed activity at the Item 2—Structures to be installed undermentioned site, the Minister for Primary Industries, Natural BST Longlines Resources and Regional Development (‘the Minister’) hereby Racks grants to: Each unit must not exceed 100 m in length and 2 m in width O. H. Simounds and M. W. Hunter and each unit must be at least 6 m from any other unit. Lot 20, Mondoora Road Port Broughton, S.A. 5522, Dated 2 November 1999. a non-exclusive licence to occupy and use the waters specified in G. R. MORGAN, Director of Fisheries Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of farming and taking the permitted species (‘the permitted use’) for FISHERIES ACT 1982: SECTION 50 (2) the period commencing on 1 July 1999 and ending, subject to any earlier termination under this licence, on 30 June 2000 (‘the TAKE notice that pursuant to section 50 (2) of the Fisheries Act term’) subject to the following terms and conditions: 1982, I hereby authorise Chintarra Pty Ltd, Sections 4 and 5, Hundred of Moule, Ceduna, S.A. 5690 (hereinafter referred to as CONDITIONS OF THIS LICENCE the ‘permit holder’) to engage in the activities and to do the acts 1. Licence specified in Schedule 1, subject to the conditions specified in The parties acknowledge and agree that: Schedule 2 from the date of this permit ending upon the expiration or earlier termination of Licence Number FM00110. 1.1 the rights, powers and privileges granted to or vested in the licensee under this licence are contractual only and SCHEDULE 1 shall not create or vest in the licensee any estate, The importation and release of Pacific Oysters, (Crassostrea interest or right of a proprietary nature in the site; and gigas) within the waters defined by the following co-ordinates: 1.2 that, subject to section 53A of the Fisheries Act 1982, Licensed Area Licensed this licence does not entitle the licensee to exclusive Hectares rights of entry to and occupation of the site and that AGD 66—Zone 53 the rights granted by this licence are exercisable by the 364259E 6440962N 10 licensee in common with any other occupiers of the site 364435E 6440710N from time to time. 364219E 6440654N 2. Marked-off Areas 364055E 6440478N For the purposes of section 53A of the Fisheries Act 1982, the 363856E 6440463N marked-off areas within the site is that area or those areas SCHEDULE 2 marked-off or indicated in the manner set out in Item 2 of 1. Fish obtained within South Australia for use in the fish farm Schedule 1 of this licence. shall only be obtained from registered fish farmers, licensed 3. Permitted Species fishers or other persons approved by the Director of Fisheries. The licensee: 2. The permit holder shall not import any live fish (ova, fry or 3.1 must not farm or introduce any species at the site other adult) into South Australia unless the shipment has certification than the permitted species; and from an appropriate authority in the State from which they are obtained that they are free from all relevant notifiable diseases 3.2 must not take any wild fish from the site except for listed in Schedule 4 or the Fisheries (Exotic Fish, Fish Farming recreational purposes. and Fish Diseases) Regulations 1984. 4. Permitted Use 3. Any oysters brought into South Australia must undergo a The licensee must not use the site for any purpose other than soakage process whereby they are completely submerged in fresh the permitted use. water for a period of not less than 2 hours before being placed in the approved structures. Fresh water is deemed to be water 5. Permitted Methods suitable for human consumption or horticultural or agricultural The licensee: use. 5.1 must not stock the permitted species at a rate greater than that specified in Schedule 2 of this licence; 2208 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

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 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 property occurring at the site, including loss or damage to the 5.5 must conduct an environmental monitoring program as licensee’s fixtures or personal property of the licensee. set out in Schedule 5 of this licence. 12. Public Risk Insurance 6. Marking and Maintaining the Site The licensee shall at its own cost and expense during the term The licensee: effect and keep in full force and effect in respect of the site and 6.1 must ensure that the site is maintained in a good, tidy the permitted use a policy of public risk insurance in the joint and safe condition to the satisfaction of the Minister; names of the licensee and the Minister in which the limits of public risk shall not be less than the amount specified in Item 2 of 6.2 must remove and lawfully dispose of any waste or debris Schedule 3 of this licence, or such further amount as the Minister on the site as soon as is reasonably practicable and in may from time to time reasonably require, as the amount which particular must comply with any guidelines issued from may be paid out in respect of any one single claim and a policy of time to time by the Minister in relation to the removal insurance or copy thereof or a certificate of insurance shall be from the site of any unhealthy or dead fish; produced by the licensee to the Minister on request in writing 6.3 must maintain all buoys, crosses, and markers on the site being made by the Minister for its production. in good condition and in accordance with the colours 13. Guarantee or Indemnity Scheme specified in Schedule 1 of this licence; and The licensee must either: 6.4 must mark the site boundary in accordance with the 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 aquaculture and fisheries industry and approved by The licensee: the Minister, 7.1 must at all times permit the Minister, his employees, to and in favour of and for the benefit of the Minister by way of agents or contractors or any employees, agents or security for the due and punctual performance by the licensee of contractors of the Crown to enter the site for the the terms and conditions of this licence and in particular the purposes of inspecting the site, the sea floor and the obligations of the licensee to rehabilitate the site immediately flora and fauna on or in the vicinity of the site; and prior to the expiration or sooner determination of the term of 7.2 must comply with all reasonable directions of any such this licence. Such guarantee or indemnity scheme must have person authorised by the Director of Fisheries to inspect effect from the date of commencement of the term. the conduct of the licensee’s activities at the site. 14. No Assignment 8. Fees and Returns The licensee acknowledges that this licence is personal and it The licensee: must not assign or sublet or deal in any other way with any interest in this licence. 8.1 must pay to the Minister the licence fee in accordance 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 The Minister may terminate this licence immediately by notice term, submit to the Minister a return supplying all of in writing served on the licensee if: the information described in Schedule 4 of this licence. 15.1 the licensee commits or permits any breach or 9. Compliance With Relevant Laws default of the obligations imposed on the licensee by this licence, and following the giving by the Minister 9.1 the licensee must at all times comply with all laws, by- of written notice of such breach or default, the laws or regulations in force which relate to the site or licensee either fails to rectify such breach or default the activities conducted in the site and with all notices, within one calendar month of the date of such notice orders or requirements lawfully given or made by any (or earlier if the circumstances require) or fails to authority or authorities in respect of the site; make diligent progress towards rectifying any such 9.2 in particular, without derogating from the general breach which is incapable of rectification within the requirement under condition 9 of this licence: time so limited; or 9.2.1 the licensee must not do or permit to be done in 15.2 the licensee commits or permits any further breach upon or about the site anything which in the or default of the obligations imposed on the licensee opinion of the Minister would cause or contribute by this licence for which the Minister has previously to the degradation or pollution of any coastal given notice in writing of such breach or default land or the surrounding marine environment; and pursuant to paragraph 1 of condition 15.1 notwith- standing rectification of the previous breach or 9.2.2 in the event that the Minister is satisfied, on default; or reasonable grounds, that the fish taken from the waters are not fit for human consumption or that 15.3 the licence fee referred to in condition 8 is unpaid consumption of fish taken from the waters could for a period of 14 days after notice has been given to present a danger to the health of the consumer, the licensee that it is outstanding; or the licensee must, in accordance with a written 15.4 if the licensee is a body corporate, any of the notice from the Minister, cease or suspend the following occur: conduct of the permitted use or else conduct the permitted use as directed within the notice. 15.4.1 the licensee is unable to pay its debts as and when they fall due or is otherwise insolvent; 10. Public Risk Liability 15.4.2 an order is made for the winding up or The licensee must at all times indemnify the Minister, his liquidation of the licensee; officers, employees, contractors and agents from and against all claims, demands, actions, judgments, proceedings, damages, losses, 15.4.3 the licensee enters into a scheme of costs, charges and expenses in respect of any loss of life, personal arrangement, compromise, moratorium or injury and/or damage to property caused or suffered in any other form of composition with its creditors manner in or about the site. or any class of its creditors; 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2209

15.4.4 a receiver, a manager or a receiver and 20.2 No waiver by the Minister of a breach of a term or manager, a company administrator or other condition contained in this licence shall operate as a insolvency administrator is appointed to the waiver of any breach of the same or any other term licensee; or or condition contained in this licence. 15.4.5 a mortgagee, chargee or other encum- 20.3 No forbearance, delay or indulgence by the Minister brancee is appointed over or takes in enforcing the provisions of this licence shall possession of or appoints an agent to take prejudice or restrict the rights of the Minister. possession of all or any of the licensee’s 21. Notices assets; or 21.1 Notices may be served by delivering the same 15.5 if the licensee is an individual, the licensee: personally, by mail or facsimile transmission and shall 15.5.1 becomes bankrupt or assigns its estate or be: enters into a deed of arrangement or other 21.1.1 in writing addressed to the Director of form of composition for the benefit of the Fisheries, PIRSA, 16th Floor, 25 Grenfell licensee’s creditors; or Street, Adelaide, S.A. 5000 (in the case of 15.5.2 is convicted of an indictable offence. the Minister) and to the address of the Termination of this licence by the Minister shall be licensee set out above (in the case of the without prejudice to any rights, remedies or actions licensee); that the Minister may have against the licensee in 21.1.2 signed by or on behalf of the sender or by a respect of any antecedent breach by the licensee of person duly authorised in that regard by the the terms and conditions contained in this licence. sender; 16. Interpretation 21.1.3 deemed to be duly served or made in the Subject to any inconsistency of subject or context, the following circumstances: following rules of construction shall be used in the interpretation (a) if delivered, upon delivery; of this licence: (b) if sending by mail, upon posting; 16.1 any word importing the plural includes the singular (c) vice versa if sent by facsimile transmission, upon and ; the sender’s facsimile producing a 16.2 any wording importing a gender shall include all transmission report that the facsimile other genders; was satisfactorily sent in its entirety to 16.3 a reference to a body corporate shall include a the addressee’s facsimile number, natural person and vice versa; but if delivery is not made before 5 p.m. on 16.4 a reference to a recital, party, clause, Schedule or any day it shall be deemed to be received at Annexure is a reference to a recital, party, clause, 9 a.m. on the next day in that place. Schedule or Annexure of this licence; 21.2 The Minister and the licensee may each vary their 16.5 the captions, headings, section numbers and clause address or facsimile number at any time by written numbers appearing in this licence are inserted only as notice. a matter of convenience and in no way affect the 22. SASQAP construction of this licence; 22.1 The licensee: 16.6 a reference to a statute shall include all statutes 22.1.1 must submit to the Manager, South amending, consolidating or replacing the statutes Australian Shellfish Quality Assurance referred to; Program (‘SASQAP’) for testing such 16.7 where two or more persons are named as licensees, sample as the Manager, SASQAP requires of this licence shall bind the licensees jointly and each of the fish farmed at the site and specified in them severally; and Item 1.1 of Schedule 2; 16.8 time is of the essence in respect of any obligation 22.1.2 must comply with all reasonable require- relating to time in this licence. ments of the Manager, SASQAP in relation 17. Delegation to such testing; and Any consent, notice, any consultation or any other thing 22.1.3 must obtain the written consent of the which is pursuant to the terms of this licence either required to be Manager, SASQAP, prior to making any 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, available for human properly given, done or performed by any duly authorised agent consumption. or employee of the Minister. Granted on behalf of the Minister by Director of Fisheries, 18. Severance delegate of the Minister, on 28 October 1999. If any term or condition of this licence should be for any G. MORGAN, Director of Fisheries reason unlawful, void, invalid or unenforceable then the offending The licensee hereby acknowledges and agrees to the terms and term or condition shall be severed from this licence without conditions of this licence. affecting the validity or enforceability of the remainder of this Signed by the said O. H. SIMOUNDS licence. and M. W. HUNTER 19. Modification In the presence of: T. SIMOUNDS, Witness No variation of or addition to any provision of this licence SCHEDULE 1 shall be binding upon the Minister and the licensee unless such variation or addition is made in writing, signed by both the Item 1—The Site Minister and the licensee and expressed to be either supplemental Area applicable to this licence: to or in substitution for the whole or a part of this licence. Licensed Area Licensed 20. Waiver Hectares 20.1 A waiver of any provision of this licence by the AGD 66—Zone 53 Minister must both be in writing and be signed by the 768238E 6283624N 2 Minister or by persons duly authorised to execute such 768038E 6283629N a document on the Minister’s part. 768035E 6283530N 768236E 6283525N 2210 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

All structures, equipment, buoys and flotations (except for that SCHEDULE 3 required by the Department for Transport, Urban Planning and Item 1—Fees the Arts) must be black, dark grey, dark blue, dark brown, or dark green coloured materials. Annual licence fees are: $ The boundary of the site to be marked either with: FRDC levy per hectare 2 at $12.50 each ...... 25.00 (a) (1) At the corners with posts extending 900 mm above EMP fee per hectare 2 at $22.96 each...... 45.92 mean high water springs. Such posts to be marked Base Licence Fee per hectare 2 at $57 each...... 114.00 with a St Andrews cross, each cross arm measuring SASQAP (classified area) per hectare, 2 at 900 mm from tip to tip, minimum width 75 mm. $60 each ...... 120.00 (2) Posts to be not less than 125 mm in diameter. Total Annual Licence Fee...... 304.92 (3) Posts and crosses to be painted yellow. Quarterly instalments...... 76.23 Item 2—Public Risk Insurance (4) The ends of each cross to be marked with a 200 mm strip of yellow retro-reflective tape. Five million dollars ($5 000 000). (5) Between the corner posts at intervals not exceeding SCHEDULE 4 50 m, buoys not less than 300 mm in diameter. Returns (6) All buoys, posts, crosses and markers must be The licensee must submit the following information to the maintained in good condition. Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and or 31 July during the term of this licence: (b) (1) At each corner, yellow spar buoys with a St 1. Name of licensee. Andrews cross as a top mark placed at least 2. Address of licensee. 900 mm above the buoy, cross arms 900 mm long x 75 mm wide. 3. Species of fish farmed and held on the site. (2) The buoys and topmarks must all be coloured 4. Location of aquaculture operation. yellow and marked with a yellow retro-reflective as 5. Period covered by return. (a) in (4). 6. Number of life stage of each species of fish held. (3) All buoys, posts, crosses and markers must be 7. Number, weight and value of each species of fish held. maintained in good condition. 8. Details of any disease detected in any fish kept. When the site is in navigable water and possible danger to navigation, lights must be placed on the top of each St Andrews 9. Source (whether interstate or intrastate) of any stock cross that is located at each corner of the site and these lights acquired and date of acquisition (if relevant, include name must be yellow in colour and flashing once every 4 seconds and of authority that provided certification that stock was visible over an arc of 360 degrees for a distance of at least one free from disease). mile. 10. If any fish were brought into the state, the number of Item 2—Marked-Off Areas fish and the life stage of the fish. 11. If fish were brought into the state, the purpose for which [Co-ordinates of developed areas within the site to be provided they were brought in. by the licensee.] 12. Method of disposal of water and packaging use for White buoys of at least 12 inches in diameter must be placed transporting the fish. around the whole of the perimeter of the developed areas within the site at a distance of no less than 50 m from one another. 13. If any disease or symptom of disease occurred in the acquired fish. 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. (Crassostrea gigas) Pacific Oysters SCHEDULE 5 Item 1.1¾Fish Subject to SASQAP Testing Approved Environmental Monitoring Program Pacific Oysters (Crassostrea gigas) An Environmental Monitoring Program for the site must Item 2¾Permitted Farming Methods comply with the general requirements for environmental monitoring specified in the notes to the Decision Notification The Director of Fisheries has, pursuant to section 48G (2) of Form issued for the site under Regulation 42 of the Development the Act, issued a permit to disturb the seabed for the purpose of Regulations 1993. installing the structures specified in this Schedule. The licensee must submit a draft Environmental Monitoring Longlines Program in writing to the General Manager Aquaculture within 60 Each unit must not exceed 100 m in length and 2 m in width, days after the grant of the licence by the Minister. and each unit must be at least 6 m from any other unit. Item 3¾Stocking Rates FISHERIES ACT 1982: SECTION 48G (2) Oysters TAKE notice that pursuant to section 48G (2) of the Fisheries Size (mm) Number per Hectare Act 1982, I hereby authorise O. H. Simounds and M. W. Hunter, Lot 20, Mondoora Road, Port Broughton, S.A. 5522 (hereinafter 3 2 500 000 referred to as the ‘permit holder’) to disturb the seabed of the site 10 1 600 000 specified in Item 1 of the Schedule for the purpose only of 20 1 100 000 installing the structures specified in Item 2 of the Schedule in 30 750 000 accordance with Marine Mollusc Farming Licence Number 40 500 000 FM00111, (such structures not to be installed on the seabed itself) 50 350 000 for the period commencing 1 July 1999 and ending upon the 60 200 000 expiration or earlier termination of Marine Mollusc Farming 70 150 000 Licence Number FM00111, issued pursuant to section 53 of the 80 100 000 Fisheries Act 1982. 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2211

SCHEDULE 1 FISHERIES ACT 1982 Item 1—Location Co-ordinates MARINE MOLLUSC FARMING LICENCE FM00120 Licensed Area Licensed (PREVIOUS LICENCE NO. F797) Hectares Licence to Farm Fish under section 53 of the Fisheries AGD 66—Zone 53 Act 1982 768238E 6283624N 2 WHEREAS the Director of Fisheries has, pursuant to section 768038E 6283629N 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to 768035E 6283530N the undermentioned licensee to release the fish specified in 768236E 6283525N Item 1 of Schedule 2 of this licence (‘the permitted species’) and, Item 2—Structures to be installed 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 Longlines installing structures necessary for the licensed activity at the Each unit must not exceed 100 m in length and 2 m in width undermentioned site, the Minister for Primary Industries, Natural and each unit must be at least 6 m from any other unit. Resources and Regional Development (‘the Minister’) hereby grants to: Dated 28 October 1999. Kenneth A. Smith (12228) G. R. MORGAN, Director of Fisheries Section 510, Hornby Road Port Broughton S.A. 5522, FISHERIES ACT 1982: SECTION 50 (2) a non-exclusive licence to occupy and use the waters specified in TAKE notice that pursuant to section 50 (2) of the Fisheries Act Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of 1982, I hereby authorise O. H. Simounds and M. W. Hunter, Lot farming and taking the permitted species (‘the permitted use’) for 20, Mondoora Road, Port Broughton, S.A. 5522 (hereinafter the period commencing on 1 July 1999 and ending, subject to any referred to as the ‘permit holder’) to engage in the activities and earlier termination under this licence, on 30 June 2000 (‘the to do the acts specified in Schedule 1, subject to the conditions term’) subject to the following terms and conditions: specified in Schedule 2 from the date of this permit ending upon CONDITIONS OF THIS LICENCE the expiration or earlier termination of Licence Number 1. Licence FM00111. The parties acknowledge and agree that: SCHEDULE 1 1.1 the rights, powers and privileges granted to or vested in The importation and release of Pacific Oysters, (Crassostrea gigas the licensee under this licence are contractual only and ) within the waters defined by the following co-ordinates: shall not create or vest in the licensee any estate, Licensed Area Licensed interest or right of a proprietary nature in the site; and Hectares 1.2 that, subject to section 53A of the Fisheries Act 1982, AGD 66—Zone 53 this licence does not entitle the licensee to exclusive 768238E 6283624N 2 rights of entry to and occupation of the site and that 768038E 6283629N the rights granted by this licence are exercisable by the 768035E 6283530N licensee in common with any other occupiers of the site 768236E 6283525N from time to time. SCHEDULE 2 2. Marked-off Areas 1. Fish obtained within South Australia for use in the fish farm For the purposes of section 53A of the Fisheries Act 1982, the shall only be obtained from registered fish farmers, licensed marked-off areas within the site is that area or those areas fishers or other persons approved by the Director of Fisheries. marked-off or indicated in the manner set out in Item 2 of 2. The permit holder shall not import any live fish (ova, fry or Schedule 1 of this licence. adult) into South Australia unless the shipment has certification 3. Permitted Species from an appropriate authority in the State from which they are obtained that they are free from all relevant notifiable diseases The licensee: listed in Schedule 4 or the Fisheries (Exotic Fish, Fish Farming 3.1 must not farm or introduce any species at the site other and Fish Diseases) Regulations 1984. than the permitted species; and 3. Any oysters brought into South Australia must undergo a 3.2 must not take any wild fish from the site except for soakage process whereby they are completely submerged in fresh recreational purposes. water for a period of not less than 2 hours before being placed in Permitted Use the approved structures. Fresh water is deemed to be water 4. suitable for human consumption or horticultural or agricultural The licensee must not use the site for any purpose other than use. the permitted use. 4. The permit holder shall not contravene or fail to comply 5. Permitted Methods with the Fisheries Act 1982, or any regulations made under the The licensee: Act, except where specifically permitted by this notice. 5.1 must not stock the permitted species at a rate greater 5. The permit holder must retain the copy of this permit which than that specified in Schedule 2 of this licence; has been supplied by the Director of Fisheries, and if requested by a Fisheries and Aquaculture Officer, produce that permit for 5.2 must not use the anti-fouling chemical tributyltin (TBT) inspection. on any equipment used at the site; Dated 28 October 1999. 5.3 must not use any chemical or drug for either therapeutic or prophylactic purpose except with the prior approval G. R. MORGAN, Director of Fisheries of the Minister; 2212 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

5.4 must apply the permitted farming methods set out in 11. Release Item 2 of Schedule 2 of this licence. The licensee must use and keep the site at the risk in all things 5.5 must conduct an environmental monitoring program as of the licensee and the licensee must release to the full extent set out in Schedule 5 of this licence. permitted by law the Minister, his agents, contractors and 6. Marking and Maintaining the Site servants in the absence of any wilful act, omission, default or neglect on their part from all claims and demands of every kind The licensee: resulting from any accident damage or injury to persons or 6.1 must ensure that the site is maintained in a good, tidy property occurring at the site, including loss or damage to the and safe condition to the satisfaction of the Minister; licensee’s fixtures or personal property of the licensee. 6.2 must remove and lawfully dispose of any waste or debris 12. Public Risk Insurance on the site as soon as is reasonably practicable and in The licensee shall at its own cost and expense during the term particular must comply with any guidelines issued from effect and keep in full force and effect in respect of the site and time to time by the Minister in relation to the removal the permitted use a policy of public risk insurance in the joint from the site of any unhealthy or dead fish; names of the licensee and the Minister in which the limits of 6.3 must maintain all buoys, crosses, and markers on the site public risk shall not be less than the amount specified in Item 2 of in good condition and in accordance with the colours Schedule 3 of this licence, or such further amount as the Minister specified in Schedule 1 of this licence; and may from time to time reasonably require, as the amount which may be paid out in respect of any one single claim and a policy of 6.4 must mark the site boundary in accordance with the insurance or copy thereof or a certificate of insurance shall be specifications in Schedule 1 of this licence. produced by the licensee to the Minister on request in writing 7. Site Inspection and Supervision being made by the Minister for its production. The licensee: 13. Guarantee or Indemnity Scheme 7.1 must at all times permit the Minister, his employees, The licensee must either: agents or contractors or any employees, agents or 13.1 provide a guarantee from its bankers; or contractors of the Crown to enter the site for the purposes of inspecting the site, the sea floor and the 13.2 contribute to an indemnity scheme established for flora and fauna on or in the vicinity of the site; and the aquaculture and fisheries industry and approved by the Minister, 7.2 must comply with all reasonable directions of any such person authorised by the Director of Fisheries to inspect to and in favour of and for the benefit of the Minister by way of the conduct of the licensee’s activities at the site. security for the due and punctual performance by the licensee of the terms and conditions of this licence and in particular the 8. Fees and Returns obligations of the licensee to rehabilitate the site immediately The licensee: prior to the expiration or sooner determination of the term of this licence. Such guarantee or indemnity scheme must have 8.1 must pay to the Minister the licence fee in accordance effect from the date of commencement of the term. 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 term, submit to the Minister a return supplying all of The licensee acknowledges that this licence is personal and it the information described in Schedule 4 of this licence. must not assign or sublet or deal in any other way with any 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- 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 15.1 the licensee commits or permits any breach or authority or authorities in respect of the site; 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 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 permitted use as directed within the notice. 15.3 the licence fee referred to in condition 8 is unpaid for a period of 14 days after notice has been given to 10. Public Risk Liability the licensee that it is outstanding; or 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, 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 liquidation of the licensee; 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2213

15.4.3 the licensee enters into a scheme of 20. Waiver arrangement, compromise, moratorium or 20.1 A waiver of any provision of this licence by the other form of composition with its creditors Minister must both be in writing and be signed by the or any class of its creditors; Minister or by persons duly authorised to execute such 15.4.4 a receiver, a manager or a receiver and a document on the Minister’s part. manager, a company administrator or other 20.2 No waiver by the Minister of a breach of a term or insolvency administrator is appointed to the condition contained in this licence shall operate as a licensee; or waiver of any breach of the same or any other term 15.4.5 a mortgagee, chargee or other encum- or condition contained in this licence. brancee is appointed over or takes 20.3 No forbearance, delay or indulgence by the Minister possession of or appoints an agent to take in enforcing the provisions of this licence shall possession of all or any of the licensee’s prejudice or restrict the rights of the Minister. assets; or 21. Notices 15.5 if the licensee is an individual, the licensee: 21.1 Notices may be served by delivering the same 15.5.1 becomes bankrupt or assigns its estate or personally, by mail or facsimile transmission and shall enters into a deed of arrangement or other be: form of composition for the benefit of the licensee’s creditors; or 21.1.1 in writing addressed to the Director of Fisheries, PIRSA, 16th Floor, 25 Grenfell 15.5.2 is convicted of an indictable offence. Street, Adelaide, S.A. 5000 (in the case of Termination of this licence by the Minister shall be the Minister) and to the address of the without prejudice to any rights, remedies or actions licensee set out above (in the case of the that the Minister may have against the licensee in licensee); respect of any antecedent breach by the licensee of 21.1.2 signed by or on behalf of the sender or by a the terms and conditions contained in this licence. person duly authorised in that regard by the 16. Interpretation sender; Subject to any inconsistency of subject or context, the 21.1.3 deemed to be duly served or made in the following rules of construction shall be used in the interpretation following circumstances: of this licence: (a) if delivered, upon delivery; 16.1 any word importing the plural includes the singular (b) if sending by mail, upon posting; and vice versa; (c) if sent by facsimile transmission, upon 16.2 any wording importing a gender shall include all the sender’s facsimile producing a other genders; transmission report that the facsimile 16.3 a reference to a body corporate shall include a was satisfactorily sent in its entirety to natural person and vice versa; the addressee’s facsimile number, 16.4 a reference to a recital, party, clause, Schedule or but if delivery is not made before 5 p.m. on Annexure is a reference to a recital, party, clause, any day it shall be deemed to be received at Schedule or Annexure of this licence; 9 a.m. on the next day in that place. 16.5 the captions, headings, section numbers and clause 21.2 The Minister and the licensee may each vary their numbers appearing in this licence are inserted only as address or facsimile number at any time by written a matter of convenience and in no way affect the notice. construction of this licence; 22. SASQAP 16.6 a reference to a statute shall include all statutes 22.1 The licensee: amending, consolidating or replacing the statutes referred to; 22.1.1 must submit to the Manager, South 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. Delegation ments of the Manager, SASQAP in relation Any consent, notice, any consultation or any other thing to such testing; and which is pursuant to the terms of this licence either required to be 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 Granted on behalf of the Minister by Director of Fisheries, If any term or condition of this licence should be for any delegate of the Minister, on 28 October 1999. reason unlawful, void, invalid or unenforceable then the offending G. R. MORGAN, Director of Fisheries term or condition shall be severed from this licence without The licensee hereby acknowledges and agrees to the terms and affecting the validity or enforceability of the remainder of this conditions of this licence. licence. Signed by the said K. A. SMITH 19. Modification In the presence of: J. K. SPAFFORD, Witness No variation of or addition to any provision of this licence shall be binding upon the Minister and the licensee unless such variation or addition is made in writing, signed by both the Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. 2214 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

SCHEDULE 1 Item 3¾Stocking Rates Item 1—The Site Oysters Area applicable to this licence: Size (mm) Number per Hectare Licensed Area Licensed 3 2 500 000 Hectares 10 1 600 000 AGD 66—Zone 53 20 1 100 000 767379E 6281383N 2 30 750 000 767455E 6281333N 40 500 000 767359E 6281126N 50 350 000 767286E 6281169N 60 200 000 70 150 000 All structures, equipment, buoys and flotations (except for that 80 100 000 required by the Department for Transport, Urban Planning and the Arts) must be black, dark grey, dark blue, dark brown, or dark SCHEDULE 3 green coloured materials. Item 1—Fees The boundary of the site to be marked either with: Annual licence fees are: (a) (1) At the corners with posts extending 900 mm above $ mean high water springs. Such posts to be marked FRDC levy per hectare 2 at $12.50 each ...... 25.00 with a St Andrews cross, each cross arm measuring EMP fee per hectare 2 at $22.96 each...... 45.92 900 mm from tip to tip, minimum width 75 mm. Base Licence Fee per hectare 2 at $57 each...... 114.00 (2) Posts to be not less than 125 mm in diameter. SASQAP (classified area) per hectare, 2 at $60 each ...... 120.00 (3) Posts and crosses to be painted yellow. Total Annual Licence Fee...... 304.92 (4) The ends of each cross to be marked with a Quarterly instalments...... 76.23 200 mm strip of yellow retro-reflective tape. Item 2—Public Risk Insurance (5) Between the corner posts at intervals not exceeding 50 m, buoys not less than 300 mm in diameter. Five million dollars ($5 000 000). (6) All buoys, posts, crosses and markers must be SCHEDULE 4 maintained in good condition. Returns or The licensee must submit the following information to the (b) (1) At each corner, yellow spar buoys with a St Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 Andrews cross as a top mark placed at least Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and 900 mm above the buoy, cross arms 900 mm long x 31 July during the term of this licence: 75 mm wide. 1. Name of licensee. (2) The buoys and topmarks must all be coloured 2. Address of licensee. yellow and marked with a yellow retro-reflective as in (a) (4). 3. Species of fish farmed and held on the site. (3) All buoys, posts, crosses and markers must be 4. Location of aquaculture operation. maintained in good condition. 5. Period covered by return. When the site is in navigable water and possible danger to 6. Number of life stage of each species of fish held. 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 7. Number, weight and value of each species of fish held. must be yellow in colour and flashing once every 4 seconds and 8. Details of any disease detected in any fish kept. visible over an arc of 360 degrees for a distance of at least one 9. Source (whether interstate or intrastate) of any stock mile. acquired and date of acquisition (if relevant, include name Item 2—Marked-Off Areas of authority that provided certification that stock was free from disease). [Co-ordinates of developed areas within the site to be provided by the licensee.] 10. If any fish were brought into the state, the number of fish and the life stage of the fish. White buoys of at least 12 inches in diameter must be placed around the whole of the perimeter of the developed areas within 11. If fish were brought into the state, the purpose for which the site at a distance of no less than 50 m from one another. they were brought in. SCHEDULE 2 12. Method of disposal of water and packaging use for Item 1¾Permitted Species transporting the fish. 13. If any disease or symptom of disease occurred in the The Director of Fisheries has, pursuant to section 50 (2) of the acquired fish. Act, issued a permit for the release of the fish specified in this Schedule. 14. Method of disposal of diseased or dead fish and the number disposed of. Pacific Oysters (Crassostrea gigas) Item 1.1—Fish subject to SASQAP testing 15. Signature, date and telephone number. Crassostrea gigas 16. Use of any chemicals for fish husbandry—type of Pacific Oysters ( ) chemical and quantity used, purpose and date of use. Item 2¾Permitted Farming Methods SCHEDULE 5 The Director of Fisheries has, pursuant to section 48G (2) of Approved Environmental Monitoring Program the Act, issued a permit to disturb the seabed for the purpose of installing the structures specified in this Schedule. An Environmental Monitoring Program for the site must Longlines comply with the general requirements for environmental monitoring specified in the notes to the Decision Notification Each unit must not exceed 100 m in length and 2 m in width, Form issued for the site under Regulation 42 of the Development and each unit must be at least 6 m from any other unit. Regulations 1993. The licensee must submit a draft Environmental Monitoring Program in writing to the General Manager Aquaculture within 60 days after the grant of the licence by the Minister. 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2215

FISHERIES ACT 1982: SECTION 48G (2) FISHERIES ACT 1982 TAKE notice that pursuant to section 48G (2) of the Fisheries MARINE MOLLUSC FARMING LICENCE FM00126 Act 1982, I hereby authorise Kenneth A. Smith, Section 510, (PREVIOUS LICENCE NO. F803) Homby Road, Port Broughton, S.A. 5522 (hereinafter referred to Licence to Farm Fish under section 53 of the Fisheries as the ‘permit holder’) to disturb the seabed of the site specified Act 1982 in Item 1 of the Schedule for the purpose only of installing the structures specified in Item 2 of the Schedule in accordance with WHEREAS the Director of Fisheries has, pursuant to section Marine Mollusc Farming Licence Number FM00120, (such 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to structures not to be installed on the seabed itself) for the period the undermentioned licensee to release the fish specified in commencing 1 July 1999 and ending upon the expiration or Item 1 of Schedule 2 of this licence (‘the permitted species’) and, earlier termination of Marine Mollusc Farming Licence Number pursuant to section 48G (2) of the Act, the Director of Fisheries FM00120, issued pursuant to section 53 of the Fisheries Act has also issued a permit to disturb the seabed for the purpose of 1982. installing structures necessary for the licensed activity at the SCHEDULE 1 undermentioned site, the Minister for Primary Industries, Natural Item 1—Location Co-ordinates Resources and Regional Development (‘the Minister’) hereby grants to: Licensed Area Licensed Hectares Craig J. Tattersall (12351) AGD 66—Zone 53 Nicola M. Tattersall (14472) Lot 21, Bute Road 767379E 6281383N 2 Port Broughton, S.A. 5522, 767455E 6281333N 767359E 6281126N a non-exclusive licence to occupy and use the waters specified in 767286E 6281169N Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of Item 2—Structures to be installed farming and taking the permitted species (‘the permitted use’) for the period commencing on 1 July 1999 and ending, subject to any Longlines earlier termination under this licence, on 30 June 2000 (‘the Each unit must not exceed 100 m in length and 2 m in width term’) subject to the following terms and conditions: and each unit must be at least 6 m from any other unit. CONDITIONS OF THIS LICENCE Dated 28 October 1999. 1. Licence G. R. MORGAN, Director of Fisheries The parties acknowledge and agree that: 1.1 the rights, powers and privileges granted to or vested in FISHERIES ACT 1982: SECTION 50 (2) the licensee under this licence are contractual only and TAKE notice that pursuant to section 50 (2) of the Fisheries Act shall not create or vest in the licensee any estate, 1982, I hereby authorise Kenneth A. Smith, Section 510, Homby interest or right of a proprietary nature in the site; and Road, Port Broughton, S.A. 5522 (hereinafter referred to as the ‘permit holder’) to engage in the activities and to do the acts 1.2 that, subject to section 53A of the Fisheries Act 1982, specified in Schedule 1, subject to the conditions specified in this licence does not entitle the licensee to exclusive Schedule 2 from the date of this permit ending upon the rights of entry to and occupation of the site and that expiration or earlier termination of Licence Number FM00120. the rights granted by this licence are exercisable by the licensee in common with any other occupiers of the site SCHEDULE 1 from time to time. Crassostrea The importation and release of Pacific Oysters, ( Marked-off Areas gigas) within the waters defined by the following co-ordinates: 2. Licensed Area Licensed For the purposes of section 53A of the Fisheries Act 1982, the Hectares marked-off areas within the site is that area or those areas AGD 66—Zone 53 marked-off or indicated in the manner set out in Item 2 of Schedule 1 of this licence. 767379E 6281383N 2 767455E 6281333N 3. Permitted Species 767359E 6281126N The licensee: 767286E 6281169N 3.1 must not farm or introduce any species at the site other SCHEDULE 2 than the permitted species; and 1. Fish obtained within South Australia for use in the fish farm 3.2 must not take any wild fish from the site except for shall only be obtained from registered fish farmers, licensed recreational purposes. fishers or other persons approved by the Director of Fisheries. 4. Permitted Use 2. The permit holder shall not import any live fish (ova, fry or adult) into South Australia unless the shipment has certification The licensee must not use the site for any purpose other than from an appropriate authority in the State from which they are the permitted use. obtained that they are free from all relevant notifiable diseases 5. Permitted Methods listed in Schedule 4 or the Fisheries (Exotic Fish, Fish Farming and Fish Diseases) Regulations 1984. The licensee: 3. Any oysters brought into South Australia must undergo a 5.1 must not stock the permitted species at a rate greater soakage process whereby they are completely submerged in fresh than that specified in Schedule 2 of this licence; water for a period of not less than 2 hours before being placed in 5.2 must not use the anti-fouling chemical tributyltin (TBT) the approved structures. Fresh water is deemed to be water on any equipment used at the site; suitable for human consumption or horticultural or agricultural 5.3 must not use any chemical or drug for either therapeutic use. or prophylactic purpose except with the prior approval 4. The permit holder shall not contravene or fail to comply of the Minister; with the Fisheries Act 1982, or any regulations made under the 5.4 must apply the permitted farming methods set out in Act, except where specifically permitted by this notice. Item 2 of Schedule 2 of this licence. 5. The permit holder must retain the copy of this permit which 5.5 must conduct an environmental monitoring program as has been supplied by the Director of Fisheries, and if requested by set out in Schedule 5 of this licence. a Fisheries and Aquaculture Officer, produce that permit for inspection. 6. Marking and Maintaining the Site Dated 28 October 1999. The licensee: G. R. MORGAN, Director of Fisheries 6.1 must ensure that the site is maintained in a good, tidy and safe condition to the satisfaction of the Minister; 2216 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

6.2 must remove and lawfully dispose of any waste or debris 12. Public Risk Insurance on the site as soon as is reasonably practicable and in The licensee shall at its own cost and expense during the term particular must comply with any guidelines issued from effect and keep in full force and effect in respect of the site and time to time by the Minister in relation to the removal the permitted use a policy of public risk insurance in the joint from the site of any unhealthy or dead fish; names of the licensee and the Minister in which the limits of 6.3 must maintain all buoys, crosses, and markers on the site public risk shall not be less than the amount specified in Item 2 of in good condition and in accordance with the colours Schedule 3 of this licence, or such further amount as the Minister specified in Schedule 1 of this licence; and may from time to time reasonably require, as the amount which 6.4 must mark the site boundary in accordance with the may be paid out in respect of any one single claim and a policy of specifications in Schedule 1 of this licence. insurance or copy thereof or a certificate of insurance shall be produced by the licensee to the Minister on request in writing 7. Site Inspection and Supervision being made by the Minister for its production. The licensee: 13. Guarantee or Indemnity Scheme 7.1 must at all times permit the Minister, his employees, The licensee must either: agents or contractors or any employees, agents or contractors of the Crown to enter the site for the 13.1 provide a guarantee from its bankers; or purposes of inspecting the site, the sea floor and the 13.2 contribute to an indemnity scheme established for flora and fauna on or in the vicinity of the site; and the aquaculture and fisheries industry and approved by 7.2 must comply with all reasonable directions of any such the Minister, person authorised by the Director of Fisheries to inspect to and in favour of and for the benefit of the Minister by way of the conduct of the licensee’s activities at the site. security for the due and punctual performance by the licensee of 8. Fees and Returns the terms and conditions of this licence and in particular the obligations of the licensee to rehabilitate the site immediately The licensee: prior to the expiration or sooner determination of the term of 8.1 must pay to the Minister the licence fee in accordance this licence. Such guarantee or indemnity scheme must have with Item l of Schedule 3 of this licence; effect from the date of commencement of the term. 8.2 must on or before 31 January and 31 July during the 14. No Assignment term, submit to the Minister a return supplying all of The licensee acknowledges that this licence is personal and it the information described in Schedule 4 of this licence. must not assign or sublet or deal in any other way with any 9. Compliance With Relevant Laws interest in this licence. 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 time so limited; or 9.2.2 in the event that the Minister is satisfied, on 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 that it is outstanding; or The licensee must at all times indemnify the Minister, his 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 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2217

15.4.5 a mortgagee, chargee or other encum- 20.2 No waiver by the Minister of a breach of a term or brancee is appointed over or takes condition contained in this licence shall operate as a possession of or appoints an agent to take waiver of any breach of the same or any other term possession of all or any of the licensee’s or condition contained in this licence. assets; or 20.3 No forbearance, delay or indulgence by the Minister 15.5 if the licensee is an individual, the licensee: in enforcing the provisions of this licence shall 15.5.1 becomes bankrupt or assigns its estate or prejudice or restrict the rights of the Minister. enters into a deed of arrangement or other 21. Notices form of composition for the benefit of the 21.1 Notices may be served by delivering the same licensee’s creditors; or personally, by mail or facsimile transmission and shall 15.5.2 is convicted of an indictable offence. be: Termination of this licence by the Minister shall be 21.1.1 in writing addressed to the Director of without prejudice to any rights, remedies or actions Fisheries, PIRSA, 16th Floor, 25 Grenfell that the Minister may have against the licensee in Street, Adelaide, S.A. 5000 (in the case of respect of any antecedent breach by the licensee of the Minister) and to the address of the the terms and conditions contained in this licence. licensee set out above (in the case of the 16. Interpretation licensee); Subject to any inconsistency of subject or context, the 21.1.2 signed by or on behalf of the sender or by a following rules of construction shall be used in the interpretation person duly authorised in that regard by the of this licence: sender; 16.1 any word importing the plural includes the singular 21.1.3 deemed to be duly served or made in the and vice versa; following circumstances: (a) 16.2 any wording importing a gender shall include all if delivered, upon delivery; other genders; (b) if sending by mail, upon posting; 16.3 a reference to a body corporate shall include a (c) if sent by facsimile transmission, upon natural person and vice versa; the sender’s facsimile producing a 16.4 a reference to a recital, party, clause, Schedule or transmission report that the facsimile Annexure is a reference to a recital, party, clause, was satisfactorily sent in its entirety to Schedule or Annexure of this licence; the addressee’s facsimile number, 16.5 the captions, headings, section numbers and clause but if delivery is not made before 5 p.m. on numbers appearing in this licence are inserted only as any day it shall be deemed to be received at a matter of convenience and in no way affect the 9 a.m. on the next day in that place. construction of this licence; 21.2 The Minister and the licensee may each vary their 16.6 a reference to a statute shall include all statutes address or facsimile number at any time by written amending, consolidating or replacing the statutes notice. referred to; 22. SASQAP 16.7 where two or more persons are named as licensees, 22.1 The licensee: this licence shall bind the licensees jointly and each of 22.1.1 must submit to the Manager, South them severally; and Australian Shellfish Quality Assurance 16.8 time is of the essence in respect of any obligation Program (‘SASQAP’) for testing such relating to time in this licence. sample as the Manager, SASQAP requires of 17. Delegation the fish farmed at the site and specified in Item 1.1 of Schedule 2; Any consent, notice, any consultation or any other thing which is pursuant to the terms of this licence either required to be 22.1.2 must comply with all reasonable require- given, done or performed or which may be given, done or ments of the Manager, SASQAP in relation performed by the Minister may for the purposes of this licence be to such testing; and properly given, done or performed by any duly authorised agent 22.1.3 must obtain the written consent of the or employee of the Minister. Manager, SASQAP, prior to making any of 18. Severance the fish farmed at the site and specified in Item 1.1 of Schedule 2, available for human If any term or condition of this licence should be for any consumption. reason unlawful, void, invalid or unenforceable then the offending term or condition shall be severed from this licence without Granted on behalf of the Minister by Director of Fisheries, affecting the validity or enforceability of the remainder of this delegate of the Minister, on 2 November 1999. licence. G. R. MORGAN, Director of Fisheries 19. Modification The licensee hereby acknowledges and agrees to the terms and No variation of or addition to any provision of this licence conditions of this licence. shall be binding upon the Minister and the licensee unless such Signed by the said C. TATTERSALL variation or addition is made in writing, signed by both the In the presence of: N. TATTERSALL, Witness Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. SCHEDULE 1 20. Waiver Item 1—The Site 20.1 A waiver of any provision of this licence by the Area applicable to this licence: Minister must both be in writing and be signed by the Licensed Area Licensed Minister or by persons duly authorised to execute such Hectares a document on the Minister’s part. AGD 66—Zone 53 767829E 6282459N 2 767646E 6282537N 767605E 6282440N 767788E 6282360N 2218 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

All structures, equipment, buoys and flotations (except for that SCHEDULE 3 required by the Department for Transport, Urban Planning and Item 1—Fees the Arts) must be black, dark grey, dark blue, dark brown, or dark green coloured materials. $ FRDC levy per hectare 2 at $12.50 each ...... 25.00 The boundary of the site to be marked either with: EMP fee per hectare 2 at $22.96 each...... 45.92 (a) (1) At the corners with posts extending 900 mm above Base Licence Fee per hectare 2 at $57 each...... 114.00 mean high water springs. Such posts to be marked SASQAP (Classified Area) per hectare 2 at $60 each ..... 120.00 with a St Andrews cross, each cross arm measuring Total Annual Licence Fee...... 304.92 900 mm from tip to tip, minimum width 75 mm. Quarterly Instalments...... 76.23 (2) Posts to be not less than 125 mm in diameter. Item 2—Public Risk Insurance (3) Posts and crosses to be painted yellow. Five million dollars ($5 000 000). (4) The ends of each cross to be marked with a 200 mm strip of yellow retro-reflective tape. SCHEDULE 4 Returns (5) Between the corner posts at intervals not exceeding 50 m, buoys not less than 300 mm in diameter. The licensee must submit the following information to the (6) All buoys, posts, crosses and markers must be Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 maintained in good condition. Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and 31 July during the term of this licence: or 1. Name of licensee. (b) (1) At each corner, yellow spar buoys with a St Andrews cross as a top mark placed at least 2. Address of licensee. 900 mm above the buoy, cross arms 900 mm long x 3. Species of fish farmed and held on the site. 75 mm wide. 4. Location of aquaculture operation. (2) The buoys and topmarks must all be coloured 5. Period covered by return. yellow and marked with a yellow retro-reflective as in (a) (4). 6. Number of life stage of each species of fish held. (3) All buoys, posts, crosses and markers must be 7. Number, weight and value of each species of fish held. maintained in good condition. 8. Details of any disease detected in any fish kept. When the site is in navigable water and possible danger to 9. Source (whether interstate or intrastate) of any stock navigation, lights must be placed on the top of each St Andrews acquired and date of acquisition (if relevant, include name cross that is located at each corner of the site and these lights of authority that provided certification that stock was must be yellow in colour and flashing once every 4 seconds and free from disease). visible over an arc of 360 degrees for a distance of at least one mile. 10. If any fish were brought into the state, the number of fish and the life stage of the fish. Item 2—Marked-Off Areas 11. If fish were brought into the state, the purpose for which [Co-ordinates of developed areas within the site to be provided they were brought in. by the licensee.] 12. Method of disposal of water and packaging use for White buoys of at least 12 inches in diameter must be placed transporting the fish. around the whole of the perimeter of the developed areas within the site at a distance of no less than 50 m from one another. 13. If any disease or symptom of disease occurred in the acquired fish. 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 Schedule. 16. Use of any chemicals for fish husbandry—type of chemical and quantity used, purpose and date of use. Pacific Oysters (Crassostrea gigas) SCHEDULE 5 Item 1.1—Fish subject to SASQAP testing Approved Environmental Monitoring Program Pacific Oysters (Crassostrea gigas) An Environmental Monitoring Program for the site must Item 2¾Permitted Farming Methods comply with the general requirements for environmental The Director of Fisheries has, pursuant to section 48G (2) of monitoring specified in the notes to the Decision Notification the Act, issued a permit to disturb the seabed for the purpose of Form issued for the site under Regulation 42 of the Development installing the structures specified in this Schedule. Regulations 1993. Longlines The licensee must submit a draft Environmental Monitoring Program in writing to the Director of Fisheries within 60 days Each unit must not exceed 100 m in length and 2 m in width, after the grant of the licence by the Minister. and each unit must be at least 6 m from any other unit. Item 3¾Stocking Rates Oysters FISHERIES ACT 1982: SECTION 48G (2) TAKE notice that pursuant to section 48G (2) of the Fisheries Size (mm) Number per Hectare Act 1982, I hereby authorise Craig J. Tattersall and Nicola M. 3 2 500 000 Tattersall, Lot 21, Bute Road, Port Broughton, S.A. 5522 10 1 600 000 (hereinafter referred to as the ‘permit holder’) to disturb the 20 1 100 000 seabed of the site specified in Item 1 of the Schedule for the 30 750 000 purpose only of installing the structures specified in Item 2 of the 40 500 000 Schedule in accordance with Marine Mollusc Farming Licence 50 350 000 Number FM00126, (such structures not to be installed on the 60 200 000 seabed itself) for the period commencing 1 July 1999 and ending 70 150 000 upon the expiration or earlier termination of Marine Mollusc 80 100 000 Farming Licence Number FM00126, issued pursuant to section 53 of the Fisheries Act 1982. 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2219

SCHEDULE 1 of Schedule 2 of this licence (‘the permitted species’) and, Item 1—Location Co-ordinates 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 Licensed Area Licensed installing structures necessary for the licensed activity at the Hectares undermentioned site, the Minister for Primary Industries, Natural AGD 66—Zone 53 Resources and Regional Development (‘the Minister’) hereby 767829E 6282459N 2 grants to: 767646E 6282537N Harbour Fresh Oysters Pty Ltd (12249) 767605E 6282440N Kimba Road 767788E 6282360N Cowell, S.A. 5602, Item 2—Structures to be installed a non-exclusive licence to occupy and use the waters specified in Longlines Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of farming and taking the permitted species (‘the permitted use’) for Each unit must not exceed 100 m in length and 2 m in width the period commencing on 1 July 1999 and ending, subject to any and each unit must be at least 6 m from any other unit. earlier termination under this licence, on 30 June 2000 (‘the Dated 2 November 1999. term’) subject to the following terms and conditions: G. R. MORGAN, Director of Fisheries CONDITIONS OF THIS LICENCE 1. Licence FISHERIES ACT 1982: SECTION 50 (2) The parties acknowledge and agree that: TAKE notice that pursuant to section 50 (2) of the Fisheries Act 1.1 the rights, powers and privileges granted to or vested in 1982, I hereby authorise Craig J. Tattersall and Nicola M. the licensee under this licence are contractual only and Tattersall, Lot 21, Bute Road, Port Broughton, S.A. 5522 shall not create or vest in the licensee any estate, (hereinafter referred to as the ‘permit holder’) to engage in the interest or right of a proprietary nature in the site; and activities and to do the acts specified in Schedule 1, subject to the 1.2 that, subject to section 53A of the Fisheries Act 1982, conditions specified in Schedule 2 from the date of this permit this licence does not entitle the licensee to exclusive ending upon the expiration or earlier termination of Licence rights of entry to and occupation of the site and that Number FM00126. the rights granted by this licence are exercisable by the SCHEDULE 1 licensee in common with any other occupiers of the site The importation and release of Pacific Oysters, (Crassostrea from time to time. gigas) within the waters defined by the following co-ordinates: 2. Marked-off Areas Licensed Area Licensed For the purposes of section 53A of the Fisheries Act 1982, the Hectares marked-off areas within the site is that area or those areas AGD 66—Zone 53 marked-off or indicated in the manner set out in Item 2 of 767829E 6282459N 2 Schedule 1 of this licence. 767646E 6282537N 3. Permitted Species 767605E 6282440N 767788E 6282360N The licensee: SCHEDULE 2 3.1 must not farm or introduce any species at the site other than the permitted species; and 1. Fish obtained within South Australia for use in the fish farm shall only be obtained from registered fish farmers, licensed 3.2 must not take any wild fish from the site except for fishers or other persons approved by the Director of Fisheries. recreational purposes. 2. The permit holder shall not import any live fish (ova, fry or 4. Permitted Use adult) into South Australia unless the shipment has certification The licensee must not use the site for any purpose other than from an appropriate authority in the State from which they are the permitted use. obtained that they are free from all relevant notifiable diseases Permitted Methods listed in Schedule 4 or the Fisheries (Exotic Fish, Fish Farming 5. and Fish Diseases) Regulations 1984. The licensee: 3. Any oysters brought into South Australia must undergo a 5.1 must not stock the permitted species at a rate greater soakage process whereby they are completely submerged in fresh than that specified in Schedule 2 of this licence; water for a period of not less than 2 hours before being placed in 5.2 must not use the anti-fouling chemical tributyltin (TBT) the approved structures. Fresh water is deemed to be water on any equipment used at the site; suitable for human consumption or horticultural or agricultural use. 5.3 must not use any chemical or drug for either therapeutic or prophylactic purpose except with the prior approval 4. The permit holder shall not contravene or fail to comply of the Minister; with the Fisheries Act 1982, or any regulations made under the Act, except where specifically permitted by this notice. 5.4 must apply the permitted farming methods set out in Item 2 of Schedule 2 of this licence. 5. The permit holder must retain the copy of this permit which has been supplied by the Director of Fisheries, and if requested by 6. Marking and Maintaining the Site a Fisheries and Aquaculture Officer, produce that permit for The licensee: inspection. 6.1 must ensure that the site is maintained in a good, tidy Dated 2 November 1999. and safe condition to the satisfaction of the Minister; G. R. MORGAN, Director of Fisheries 6.2 must remove and lawfully dispose of any waste or debris on the site as soon as is reasonably practicable and in particular must comply with any guidelines issued from FISHERIES ACT 1982 time to time by the Minister in relation to the removal MARINE MOLLUSC FARMING LICENCE FM00159 from the site of any unhealthy or dead fish; (PREVIOUS LICENCE NO. F594) 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 2220 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

7. Site Inspection and Supervision 13. Guarantee or Indemnity Scheme The licensee: The licensee must either: 7.1 must at all times permit the Minister, his employees, 13.1 provide a guarantee from its bankers; or agents or contractors or any employees, agents or 13.2 contribute to an indemnity scheme established for contractors of the Crown to enter the site for the the aquaculture and fisheries industry and approved by purposes of inspecting the site, the sea floor and the the Minister, flora and fauna on or in the vicinity of the site; and to and in favour of and for the benefit of the Minister by way of 7.2 must comply with all reasonable directions of any such security for the due and punctual performance by the licensee of person authorised by the Director of Fisheries to inspect the terms and conditions of this licence and in particular the the conduct of the licensee’s activities at the site. obligations of the licensee to rehabilitate the site immediately 8. Fees and Returns prior to the expiration or sooner determination of the term of 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 No Assignment with Item l of Schedule 3 of this licence; 14. 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. Default by Licensee and Termination 9. Compliance With Relevant Laws 15. 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 10. Public Risk Liability 15.4 if the licensee is a body corporate, any of the The licensee must at all times indemnify the Minister, his following occur: officers, employees, contractors and agents from and against all 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 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 without prejudice to any rights, remedies or actions that the Minister may have against the licensee in respect of any antecedent breach by the licensee of the terms and conditions contained in this licence. 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2221

16. Interpretation 21.1.3 deemed to be duly served or made in the Subject to any inconsistency of subject or context, the following circumstances: following rules of construction shall be used in the interpretation (a) if delivered, upon delivery; of this licence: (b) if sending by mail, upon posting; 16.1 any word importing the plural includes the singular (c) vice versa if sent by facsimile transmission, upon and ; the sender’s facsimile producing a 16.2 any wording importing a gender shall include all transmission report that the facsimile other genders; was satisfactorily sent in its entirety to 16.3 a reference to a body corporate shall include a the addressee’s facsimile number, natural person and vice versa; but if delivery is not made before 5 p.m. on 16.4 a reference to a recital, party, clause, Schedule or any day it shall be deemed to be received at Annexure is a reference to a recital, party, clause, 9 a.m. on the next day in that place. Schedule or Annexure of this licence; 21.2 The Minister and the licensee may each vary their 16.5 the captions, headings, section numbers and clause address or facsimile number at any time by written numbers appearing in this licence are inserted only as notice. a matter of convenience and in no way affect the Granted on behalf of the Minister by Director of Fisheries, construction of this licence; delegate of the Minister, on 2 November 1999. 16.6 a reference to a statute shall include all statutes G. R. MORGAN, Director of Fisheries amending, consolidating or replacing the statutes The Common Seal of Aquaculture South Australia Pty Ltd was referred to; hereunto affixed in the presence of: 16.7 where two or more persons are named as licensees, (L.S.) A. J. HERBST, Director this licence shall bind the licensees jointly and each of them severally; and B. GUIDERA, Witness 16.8 time is of the essence in respect of any obligation SCHEDULE 1 relating to time in this licence. Item 1—The Site 17. Delegation Area applicable to this licence: Any consent, notice, any consultation or any other thing which is pursuant to the terms of this licence either required to be Licensed Area Licensed given, done or performed or which may be given, done or Hectares performed by the Minister may for the purposes of this licence be AGD 66—Zone 53 properly given, done or performed by any duly authorised agent 676800E 6263224N 10 or employee of the Minister. 677122E 6263213N Severance 677460E 6263206N 18. 677635E 6263271N If any term or condition of this licence should be for any 677732E 6263155N reason unlawful, void, invalid or unenforceable then the offending 677453E 6263105N term or condition shall be severed from this licence without 677243E 6263094N affecting the validity or enforceability of the remainder of this 676817E 6263111N 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 (a) (1) At the corners with posts extending 900 mm above to or in substitution for the whole or a part of this licence. mean high water springs. Such posts to be marked 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 (3) Posts and crosses to be painted yellow. a document on the Minister’s part. (4) The ends of each cross to be marked with a 20.2 No waiver by the Minister of a breach of a term or 200 mm strip of yellow retro-reflective tape. condition contained in this licence shall operate as a 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 21. Notices (b) (1) At each corner, yellow spar buoys with a St 21.1 Notices may be served by delivering the same Andrews cross as a top mark placed at least personally, by mail or facsimile transmission and shall 900 mm above the buoy, cross arms 900 mm long x be: 75 mm wide. 21.1.1 in writing addressed to the Director of (2) The buoys and topmarks must all be coloured Fisheries, PIRSA, 16th Floor, 25 Grenfell yellow and marked with a yellow retro-reflective as Street, Adelaide, S.A. 5000 (in the case of in (a) (4). the Minister) and to the address of the (3) All buoys, posts, crosses and markers must be licensee set out above (in the case of the maintained in good condition. licensee); When the site is in navigable water and possible danger to 21.1.2 signed by or on behalf of the sender or by a navigation, lights must be placed on the top of each St Andrews person duly authorised in that regard by the cross that is located at each corner of the site and these lights sender; must be yellow in colour and flashing once every 4 seconds and visible over an arc of 360 degrees for a distance of at least one mile. 2222 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

Item 2—Marked-Off Areas 12. Method of disposal of water and packaging use for [Co-ordinates of developed areas within the site to be provided transporting the fish. by the licensee.] 13. If any disease or symptom of disease occurred in the White buoys of at least 12 inches in diameter must be placed acquired fish. around the whole of the perimeter of the developed areas within 14. Method of disposal of diseased or dead fish and the the site at a distance of no less than 50 m from one another. number disposed of. SCHEDULE 2 15. Signature, date and telephone number. Item 1¾Permitted Species 16. Use of any chemicals for fish husbandry—type of The Director of Fisheries has, pursuant to section 50 (2) of the chemical and quantity used, purpose and date of use. Act, issued a permit for the release of the fish specified in this Schedule. FISHERIES ACT 1982: SECTION 48G (2) (Crassostrea gigas) Pacific Oysters TAKE notice that pursuant to section 48G (2) of the Fisheries Item 2¾Permitted Farming Methods Act 1982, I hereby authorise Harbour Fresh Oysters Pty Ltd, The Director of Fisheries has, pursuant to section 48G (2) of Kimba Road, Cowell, S.A. 5602 (hereinafter referred to as the the Act, issued a permit to disturb the seabed for the purpose of ‘permit holder’) to disturb the seabed of the site specified in Item installing the structures specified in this Schedule. 1 of the Schedule for the purpose only of installing the structures specified in Item 2 of the Schedule in accordance with Marine Racks Mollusc Farming Licence Number FM00159, (such structures not Longlines to be installed on the seabed itself) for the period commencing 1 Each unit must not exceed 100 m in length and 2 m in width, July 1999 and ending upon the expiration or earlier termination and each unit must be at least 6 m from any other unit. of Marine Mollusc Farming Licence Number FM00159, issued pursuant to section 53 of the Fisheries Act 1982. Item 3¾Stocking Rates SCHEDULE 1 Oysters Item 1—Location Co-ordinates Size (mm) Number per Hectare Licensed Area Licensed 3 2 500 000 Hectares 10 1 600 000 AGD 66—Zone 53 20 1 100 000 30 750 000 676800E 6263224N 10 40 500 000 677122E 6263213N 50 350 000 677460E 6263206N 60 200 000 677635E 6263271N 70 150 000 677732E 6263155N 80 100 000 677453E 6263105N 677243E 6263094N SCHEDULE 3 676817E 6263111N Item 1—Fees Item 2—Structures to be installed $ Racks FRDC levy per hectare 10 at $12.50 each...... 125.00 Longlines EMP fee per hectare 10 at $22.96 each ...... 229.60 Base Licence Fee per hectare 10 at $57 each...... 570.00 Each unit must not exceed 100 m in length and 2 m in width SASQAP (Classified Area) per hectare 10 at $60 and each unit must be at least 6 m from any other unit. each...... 600.00 Dated 2 November 1999. Total Annual Licence Fee ...... 1 524.60 G. R. MORGAN, Director of Fisheries Quarterly Instalments...... 381.15 Item 2—Public Risk Insurance FISHERIES ACT 1982: SECTION 50 (2) Five million dollars ($5 000 000). TAKE notice that pursuant to section 50 (2) of the Fisheries Act 1982, I hereby authorise P. J. and S. M. Dennis, 21 Normandy SCHEDULE 4 Place, Port Lincoln, S.A. 5606 (hereinafter referred to as the Returns ‘permit holder’) to engage in the activities and to do the acts The licensee must submit the following information to the specified in Schedule 1, subject to the conditions specified in Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 Schedule 2 from the date of this permit ending upon the Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and expiration or earlier termination of Licence Number FM00159. 31 July during the term of this licence: SCHEDULE 1 1. Name of licensee. The importation and release of Pacific Oysters, (Crassostrea gigas 2. Address of licensee. ) within the waters defined by the following co-ordinates: 3. Species of fish farmed and held on the site. Licensed Area Licensed Hectares 4. Location of aquaculture operation. AGD 66—Zone 53 5. Period covered by return. 676800E 6263224N 10 677122E 6263213N 6. Number of life stage of each species of fish held. 677460E 6263206N 7. Number, weight and value of each species of fish held. 677635E 6263271N 8. Details of any disease detected in any fish kept. 677732E 6263155N 677453E 6263105N 9. Source (whether interstate or intrastate) of any stock 677243E 6263094N acquired and date of acquisition (if relevant, include name 676817E 6263111N of authority that provided certification that stock was free from disease). SCHEDULE 2 10. If any fish were brought into the state, the number of 1. Fish obtained within South Australia for use in the fish farm fish and the life stage of the fish. shall only be obtained from registered fish farmers, licensed fishers or other persons approved by the Director of Fisheries. 11. If fish were brought into the state, the purpose for which they were brought in. 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2223

2. The permit holder shall not import any live fish (ova, fry or 4. Permitted Use adult) into South Australia unless the shipment has certification The licensee must not use the site for any purpose other than from an appropriate authority in the State from which they are the permitted use. obtained that they are free from all relevant notifiable diseases listed in Schedule 4 or the Fisheries (Exotic Fish, Fish Farming 5. Permitted Methods and Fish Diseases) Regulations 1984. The licensee: 3. Any oysters brought into South Australia must undergo a 5.1 must not stock the permitted species at a rate greater soakage process whereby they are completely submerged in fresh than that specified in Schedule 2 of this licence; water for a period of not less than 2 hours before being placed in the approved structures. Fresh water is deemed to be water 5.2 must not use the anti-fouling chemical tributyltin (TBT) suitable for human consumption or horticultural or agricultural on any equipment used at the site; use. 5.3 must not use any chemical or drug for either therapeutic 4. The permit holder shall not contravene or fail to comply or prophylactic purpose except with the prior approval with the Fisheries Act 1982, or any regulations made under the of the Minister; Act, except where specifically permitted by this notice. 5.4 must apply the permitted farming methods set out in 5. The permit holder must retain the copy of this permit which Item 2 of Schedule 2 of this licence. has been supplied by the Director of Fisheries, and if requested by 6. Marking and Maintaining the Site a Fisheries and Aquaculture Officer, produce that permit for inspection. The licensee: Dated 2 November 1999. 6.1 must ensure that the site is maintained in a good, tidy and safe condition to the satisfaction of the Minister; G. R. MORGAN, Director of Fisheries 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 FM00168 from the site of any unhealthy or dead fish; (PREVIOUS LICENCE NO. F845) 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 Russell and Karen MacKenzie 6 Beattie Court 7.2 must comply with all reasonable directions of any such Smoky Bay, S.A. 5680, 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 July 1999 and ending, subject to any earlier termination under this licence, on 30 June 2000 (‘the 8.1 must pay to the Minister the licence fee in accordance term’) subject to the following terms and conditions: with Item l of Schedule 3 of this licence; CONDITIONS OF THIS LICENCE 8.2 must on or before 31 January and 31 July during the 1. Licence term, submit to the Minister a return supplying all of the information described in Schedule 4 of this licence. The parties acknowledge and agree that: 9. Compliance With Relevant Laws 1.1 the rights, powers and privileges granted to or vested in the licensee under this licence are contractual only and 9.1 the licensee must at all times comply with all laws, by- shall not create or vest in the licensee any estate, laws or regulations in force which relate to the site or interest or right of a proprietary nature in the site; and the activities conducted in the site and with all notices, orders or requirements lawfully given or made by any 1.2 that, subject to section 53A of the Fisheries Act 1982, authority or authorities in respect of the site; this licence does not entitle the licensee to exclusive rights of entry to and occupation of the site and that 9.2 in particular, without derogating from the general the rights granted by this licence are exercisable by the requirement under condition 9 of this licence: licensee in common with any other occupiers of the site 9.2.1 the licensee must not do or permit to be done in from time to time. upon or about the site anything which in the 2. Marked-off Areas opinion of the Minister would cause or contribute to the degradation or pollution of any coastal For the purposes of section 53A of the Fisheries Act 1982, the land or the surrounding marine environment; and 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 9.2.2 in the event that the Minister is satisfied, on Schedule 1 of this licence. reasonable grounds, that the fish taken from the waters are not fit for human consumption or that 3. Permitted Species consumption of fish taken from the waters could The licensee: present a danger to the health of the consumer, the licensee must, in accordance with a written 3.1 must not farm or introduce any species at the site other notice from the Minister, cease or suspend the than the permitted species; and conduct of the permitted use or else conduct the 3.2 must not take any wild fish from the site except for permitted use as directed within the notice. recreational purposes. 2224 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

10. Public Risk Liability 15.4.2 an order is made for the winding up or The licensee must at all times indemnify the Minister, his liquidation of the licensee; officers, employees, contractors and agents from and against all 15.4.3 the licensee enters into a scheme of claims, demands, actions, judgments, proceedings, damages, losses, arrangement, compromise, moratorium or costs, charges and expenses in respect of any loss of life, personal other form of composition with its creditors injury and/or damage to property caused or suffered in any or any class of its creditors; manner in or about the site. 15.4.4 a receiver, a manager or a receiver and 11. Release manager, a company administrator or other The licensee must use and keep the site at the risk in all things insolvency administrator is appointed to the of the licensee and the licensee must release to the full extent licensee; or permitted by law the Minister, his agents, contractors and 15.4.5 a mortgagee, chargee or other encum- servants in the absence of any wilful act, omission, default or brancee is appointed over or takes neglect on their part from all claims and demands of every kind possession of or appoints an agent to take resulting from any accident damage or injury to persons or possession of all or any of the licensee’s property occurring at the site, including loss or damage to the assets; or licensee’s fixtures or personal property of the licensee. 15.5 if the licensee is an individual, the licensee: Public Risk Insurance 12. 15.5.1 becomes bankrupt or assigns its estate or The licensee shall at its own cost and expense during the term enters into a deed of arrangement or other effect and keep in full force and effect in respect of the site and form of composition for the benefit of the the permitted use a policy of public risk insurance in the joint licensee’s creditors; or names of the licensee and the Minister in which the limits of 15.5.2 is convicted of an indictable offence. 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 Termination of this licence by the Minister shall be may from time to time reasonably require, as the amount which without prejudice to any rights, remedies or actions may be paid out in respect of any one single claim and a policy of that the Minister may have against the licensee in insurance or copy thereof or a certificate of insurance shall be respect of any antecedent breach by the licensee of produced by the licensee to the Minister on request in writing the terms and conditions contained in this licence. being made by the Minister for its production. 16. Interpretation 13. Guarantee or Indemnity Scheme Subject to any inconsistency of subject or context, the The licensee must either: following rules of construction shall be used in the interpretation of this licence: 13.1 provide a guarantee from its bankers; or 16.1 any word importing the plural includes the singular 13.2 contribute to an indemnity scheme established for and vice versa; the aquaculture and fisheries industry and approved by the Minister, 16.2 any wording importing a gender shall include all other genders; to and in favour of and for the benefit of the Minister by way of security for the due and punctual performance by the licensee of 16.3 a reference to a body corporate shall include a the terms and conditions of this licence and in particular the natural person and vice versa; obligations of the licensee to rehabilitate the site immediately 16.4 a reference to a recital, party, clause, Schedule or prior to the expiration or sooner determination of the term of Annexure is a reference to a recital, party, clause, this licence. Such guarantee or indemnity scheme must have Schedule or Annexure of this licence; effect from the date of commencement of the term. 16.5 the captions, headings, section numbers and clause 14. No Assignment numbers appearing in this licence are inserted only as The licensee acknowledges that this licence is personal and it a matter of convenience and in no way affect the must not assign or sublet or deal in any other way with any construction of this licence; interest in this licence. 16.6 a reference to a statute shall include all statutes 15. Default by Licensee and Termination amending, consolidating or replacing the statutes referred to; The Minister may terminate this licence immediately by notice in writing served on the licensee if: 16.7 where two or more persons are named as licensees, this licence shall bind the licensees jointly and each of 15.1 the licensee commits or permits any breach or them severally; and default of the obligations imposed on the licensee by this licence, and following the giving by the Minister 16.8 time is of the essence in respect of any obligation of written notice of such breach or default, the relating to time in this licence. licensee either fails to rectify such breach or default 17. Delegation within one calendar month of the date of such notice (or earlier if the circumstances require) or fails to Any consent, notice, any consultation or any other thing make diligent progress towards rectifying any such which is pursuant to the terms of this licence either required to be breach which is incapable of rectification within the given, done or performed or which may be given, done or time so limited; or performed by the Minister may for the purposes of this licence be properly given, done or performed by any duly authorised agent 15.2 the licensee commits or permits any further breach or employee of the Minister. or default of the obligations imposed on the licensee by this licence for which the Minister has previously 18. Severance given notice in writing of such breach or default If any term or condition of this licence should be for any pursuant to paragraph 1 of condition 15.1 notwith- reason unlawful, void, invalid or unenforceable then the offending standing rectification of the previous breach or term or condition shall be severed from this licence without default; or affecting the validity or enforceability of the remainder of this 15.3 the licence fee referred to in condition 8 is unpaid licence. for a period of 14 days after notice has been given to 19. Modification the licensee that it is outstanding; or No variation of or addition to any provision of this licence 15.4 if the licensee is a body corporate, any of the shall be binding upon the Minister and the licensee unless such following occur: variation or addition is made in writing, signed by both the 15.4.1 the licensee is unable to pay its debts as and Minister and the licensee and expressed to be either supplemental when they fall due or is otherwise insolvent; to or in substitution for the whole or a part of this licence. 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2225

20. Waiver (4) The ends of each cross to be marked with a 20.1 A waiver of any provision of this licence by the 200 mm strip of yellow retro-reflective tape. Minister must both be in writing and be signed by the (5) Between the corner posts at intervals not exceeding Minister or by persons duly authorised to execute such 50 m, buoys not less than 300 mm in diameter. a document on the Minister’s part. (6) All buoys, posts, crosses and markers must be 20.2 No waiver by the Minister of a breach of a term or maintained in good condition. condition contained in this licence shall operate as a or waiver of any breach of the same or any other term or condition contained in this licence. (b) (1) At each corner, yellow spar buoys with a St Andrews cross as a top mark placed at least 20.3 No forbearance, delay or indulgence by the Minister 900 mm above the buoy, cross arms 900 mm long x in enforcing the provisions of this licence shall 75 mm wide. prejudice or restrict the rights of the Minister. Notices (2) The buoys and topmarks must all be coloured 21. yellow and marked with a yellow retro-reflective as 21.1 Notices may be served by delivering the same in (a) (4). personally, by mail or facsimile transmission and shall (3) All buoys, posts, crosses and markers must be be: maintained in good condition. 21.1.1 in writing addressed to the Director of When the site is in navigable water and possible danger to Fisheries, PIRSA, 16th Floor, 25 Grenfell navigation, lights must be placed on the top of each St Andrews Street, Adelaide, S.A. 5000 (in the case of cross that is located at each corner of the site and these lights the Minister) and to the address of the must be yellow in colour and flashing once every 4 seconds and licensee set out above (in the case of the visible over an arc of 360 degrees for a distance of at least one licensee); mile. 21.1.2 signed by or on behalf of the sender or by a Item 2—Marked-Off Areas person duly authorised in that regard by the sender; [Co-ordinates of developed areas within the site to be provided by the licensee.] 21.1.3 deemed to be duly served or made in the following circumstances: White buoys of at least 12 inches in diameter must be placed (a) around the whole of the perimeter of the developed areas within if delivered, upon delivery; the site at a distance of no less than 50 m from one another. (b) if sending by mail, upon posting; SCHEDULE 2 (c) if sent by facsimile transmission, upon Item 1¾Permitted Species the sender’s facsimile producing a transmission report that the facsimile The Director of Fisheries has, pursuant to section 50 (2) of the was satisfactorily sent in its entirety to Act, issued a permit for the release of the fish specified in this the addressee’s facsimile number, Schedule. but if delivery is not made before 5 p.m. on Pacific Oysters (Crassostrea gigas) any day it shall be deemed to be received at Item 2¾Permitted Farming Methods 9 a.m. on the next day in that place. The Director of Fisheries has, pursuant to section 48G (2) of 21.2 The Minister and the licensee may each vary their the Act, issued a permit to disturb the seabed for the purpose of address or facsimile number at any time by written installing the structures specified in this Schedule. notice. Longlines Granted on behalf of the Minister by Director of Fisheries, delegate of the Minister, on 2 November 1999. 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. G. R. MORGAN, Director of Fisheries Item 3¾Stocking Rates The licensee hereby acknowledges and agrees to the terms and conditions of this licence. Oysters Signed by the said R and K. MACKENZIE Size (mm) Number per Hectare In the presence of: S. BEASY, Witness 3 2 500 000 10 1 600 000 SCHEDULE 1 20 1 100 000 Item 1—The Site 30 750 000 40 500 000 Area applicable to this licence: 50 350 000 Licensed Area Licensed 60 200 000 Hectares 70 150 000 AGD 66—Zone 53 80 100 000 395061E 6416523N 1 SCHEDULE 3 395014E 6416526N Item 1—Fees 395029E 6416738N 395076E 6416734N Annual licence fees are: All structures, equipment, buoys and flotations (except for that $ required by the Department for Transport, Urban Planning and FRDC levy per hectare 1 at $12.50 each ...... 12.50 the Arts) must be black, dark grey, dark blue, dark brown, or dark EMP fee per hectare 1 at $22.96 each...... 22.96 green coloured materials. Base Licence Fee per hectare 1 at $57 each...... 57.00 SASQAP (classified area) per hectare, 1 at The boundary of the site to be marked either with: $60 each ...... 60.00 (a) (1) At the corners with posts extending 900 mm above Total Annual Licence Fee...... 152.46 mean high water springs. Such posts to be marked with a St Andrews cross, each cross arm measuring Quarterly instalments...... 38.12 900 mm from tip to tip, minimum width 75 mm. Item 2—Public Risk Insurance (2) Posts to be not less than 125 mm in diameter. Five million dollars ($5 000 000). (3) Posts and crosses to be painted yellow. 2226 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

SCHEDULE 4 FISHERIES ACT 1982: SECTION 50 (2) Returns TAKE notice that pursuant to section 50 (2) of the Fisheries Act The licensee must submit the following information to the 1982, I hereby authorise Russell Mackenzie and Karen Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 Mackenzie, 6 Beattie Court, Smoky Bay, S.A. 5680 (hereinafter Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and referred to as the ‘permit holder’) to engage in the activities and 31 July during the term of this licence: to do the acts specified in Schedule 1, subject to the conditions specified in Schedule 2 from the date of this permit ending upon 1. Name of licensee. the expiration or earlier termination of Licence Number 2. Address of licensee. FM00168. 3. Species of fish farmed and held on the site. SCHEDULE 1 4. Location of aquaculture operation. The importation and release of Pacific Oysters, (Crassostrea gigas) within the waters defined by the following co-ordinates: 5. Period covered by return. Licensed Area Licensed 6. Number of life stage of each species of fish held. Hectares 7. Number, weight and value of each species of fish held. AGD 66—Zone 53 8. Details of any disease detected in any fish kept. 395061E 6416523N 1 395014E 6416526N 9. Source (whether interstate or intrastate) of any stock 395029E 6416738N acquired and date of acquisition (if relevant, include name 395076E 6416734N of authority that provided certification that stock was free from disease). SCHEDULE 2 10. If any fish were brought into the state, the number of 1. Fish obtained within South Australia for use in the fish farm fish and the life stage of the fish. shall only be obtained from registered fish farmers, licensed fishers or other persons approved by the Director of Fisheries. 11. If fish were brought into the state, the purpose for which they were brought in. 2. The permit holder shall not import any live fish (ova, fry or adult) into South Australia unless the shipment has certification 12. Method of disposal of water and packaging use for from an appropriate authority in the State from which they are transporting the fish. obtained that they are free from all relevant notifiable diseases 13. If any disease or symptom of disease occurred in the listed in Schedule 4 or the Fisheries (Exotic Fish, Fish Farming acquired fish. and Fish Diseases) Regulations 1984. 14. Method of disposal of diseased or dead fish and the 3. Any oysters brought into South Australia must undergo a number disposed of. soakage process whereby they are completely submerged in fresh water for a period of not less than 2 hours before being placed in 15. Signature, date and telephone number. the approved structures. Fresh water is deemed to be water 16. Use of any chemicals for fish husbandry—type of suitable for human consumption or horticultural or agricultural chemical and quantity used, purpose and date of use. use. 4. The permit holder shall not contravene or fail to comply with the Fisheries Act 1982, or any regulations made under the FISHERIES ACT 1982: SECTION 48G (2) Act, except where specifically permitted by this notice. TAKE notice that pursuant to section 48G (2) of the Fisheries 5. The permit holder must retain the copy of this permit which Act 1982, I hereby authorise Russell Mackenzie and Karen has been supplied by the Director of Fisheries, and if requested by Mackenzie, 6 Beattie Court, Smoky Bay, S.A. 5680 (hereinafter a Fisheries and Aquaculture Officer, produce that permit for referred to as the ‘permit holder’) to disturb the seabed of the site inspection. specified in Item 1 of the Schedule for the purpose only of installing the structures specified in Item 2 of the Schedule in Dated 2 November 1999. accordance with Marine Mollusc Farming Licence Number G. R. MORGAN, Director of Fisheries FM00168, (such structures not to be installed on the seabed itself) for the period commencing 1 July 1999 and ending upon the expiration or earlier termination of Marine Mollusc Farming FISHERIES ACT 1982 Licence Number FM00168, issued pursuant to section 53 of the Fisheries Act 1982. MARINE MOLLUSC FARMING LICENCE FM00172 (PREVIOUS LICENCE NO. F1557) SCHEDULE 1 Licence to Farm Fish under section 53 of the Fisheries Item 1—Location Co-ordinates Act 1982 Licensed Area Licensed WHEREAS the Director of Fisheries has, pursuant to section Hectares 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to AGD 66—Zone 53 the undermentioned licensee to release the fish specified in 395061E 6416523N 1 Item 1 of Schedule 2 of this licence (‘the permitted species’) and, 395014E 6416526N pursuant to section 48G (2) of the Act, the Director of Fisheries 395029E 6416738N has also issued a permit to disturb the seabed for the purpose of 395076E 6416734N installing structures necessary for the licensed activity at the undermentioned site, the Minister for Primary Industries, Natural Item 2—Structures to be installed Resources and Regional Development (‘the Minister’) hereby Longlines grants to: Each unit must not exceed 100 m in length and 2 m in width Bartolomeo Puglisi (1679) and each unit must be at least 6 m from any other unit. 6 Prospect Road Port Lincoln, S.A. 5606, Dated 2 November 1999. a non-exclusive licence to occupy and use the waters specified in G. R. MORGAN, Director of Fisheries Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of farming and taking the permitted species (‘the permitted use’) for the period commencing on 1 July 1999 and ending, subject to any earlier termination under this licence, on 30 June 2000 (‘the term’) subject to the following terms and conditions: 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2227

CONDITIONS OF THIS LICENCE 8. Fees and Returns Licence 1. The licensee: The parties acknowledge and agree that: 8.1 must pay to the Minister the licence fee in accordance 1.1 the rights, powers and privileges granted to or vested in with Item l of Schedule 3 of this licence; the licensee under this licence are contractual only and 8.2 must on or before 31 January and 31 July during the shall not create or vest in the licensee any estate, term, submit to the Minister a return supplying all of interest or right of a proprietary nature in the site; and the information described in Schedule 4 of this licence. 1.2 that, subject to section 53A of the Fisheries Act 1982, 9. Compliance With Relevant Laws this licence does not entitle the licensee to exclusive rights of entry to and occupation of the site and that 9.1 the licensee must at all times comply with all laws, by- the rights granted by this licence are exercisable by the laws or regulations in force which relate to the site or licensee in common with any other occupiers of the site the activities conducted in the site and with all notices, from time to time. orders or requirements lawfully given or made by any authority or authorities in respect of the site; 2. Marked-off Areas 9.2 in particular, without derogating from the general For the purposes of section 53A of the Fisheries Act 1982, the requirement under condition 9 of this licence: marked-off areas within the site is that area or those areas marked-off or indicated in the manner set out in Item 2 of 9.2.1 the licensee must not do or permit to be done in Schedule 1 of this licence. upon or about the site anything which in the Permitted Species opinion of the Minister would cause or contribute 3. to the degradation or pollution of any coastal The licensee: land or the surrounding marine environment; and 3.1 must not farm or introduce any species at the site other 9.2.2 in the event that the Minister is satisfied, on than the permitted species; and reasonable grounds, that the fish taken from the 3.2 must not take any wild fish from the site except for waters are not fit for human consumption or that recreational purposes. consumption of fish taken from the waters could present a danger to the health of the consumer, 4. Permitted Use the licensee must, in accordance with a written The licensee must not use the site for any purpose other than notice from the Minister, cease or suspend the the permitted use. conduct of the permitted use or else conduct the permitted use as directed within the notice. 5. Permitted Methods 10. Public Risk Liability The licensee: The licensee must at all times indemnify the Minister, his 5.1 must not stock the permitted species at a rate greater officers, employees, contractors and agents from and against all than that specified in Schedule 2 of this licence; claims, demands, actions, judgments, proceedings, damages, losses, 5.2 must not use the anti-fouling chemical tributyltin (TBT) costs, charges and expenses in respect of any loss of life, personal on any equipment used at the site; injury and/or damage to property caused or suffered in any manner in or about the site. 5.3 must not use any chemical or drug for either therapeutic or prophylactic purpose except with the prior approval 11. Release of the Minister; The licensee must use and keep the site at the risk in all things 5.4 must apply the permitted farming methods set out in of the licensee and the licensee must release to the full extent Item 2 of Schedule 2 of this licence. permitted by law the Minister, his agents, contractors and servants in the absence of any wilful act, omission, default or 5.5 must conduct an environmental monitoring program as neglect on their part from all claims and demands of every kind set out in Schedule 5 of this licence. resulting from any accident damage or injury to persons or 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: 12. Public Risk Insurance 6.1 must ensure that the site is maintained in a good, tidy and safe condition to the satisfaction 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 6.2 must remove and lawfully dispose of any waste or debris the permitted use a policy of public risk insurance in the joint on the site as soon as is reasonably practicable and in names of the licensee and the Minister in which the limits of particular must comply with any guidelines issued from public risk shall not be less than the amount specified in Item 2 of time to time by the Minister in relation to the removal Schedule 3 of this licence, or such further amount as the Minister from the site of any unhealthy or dead fish; may from time to time reasonably require, as the amount which 6.3 must maintain all buoys, crosses, and markers on the site may be paid out in respect of any one single claim and a policy of in good condition and in accordance with the colours insurance or copy thereof or a certificate of insurance shall be specified in Schedule 1 of this licence; and produced by the licensee to the Minister on request in writing being made by the Minister for its production. 6.4 must mark the site boundary in accordance with the specifications in Schedule 1 of this licence. 13. Guarantee or Indemnity Scheme 7. Site Inspection and Supervision The licensee must either: The licensee: 13.1 provide a guarantee from its bankers; or 7.1 must at all times permit the Minister, his employees, 13.2 contribute to an indemnity scheme established for agents or contractors or any employees, agents or the aquaculture and fisheries industry and approved by contractors of the Crown to enter the site for the the Minister, purposes of inspecting the site, the sea floor and the to and in favour of and for the benefit of the Minister by way of flora and fauna on or in the vicinity of the site; and security for the due and punctual performance by the licensee of 7.2 must comply with all reasonable directions of any such the terms and conditions of this licence and in particular the person authorised by the Director of Fisheries to inspect obligations of the licensee to rehabilitate the site immediately the conduct of the licensee’s activities at the site. prior to the expiration or sooner determination of the term of this licence. Such guarantee or indemnity scheme must have effect from the date of commencement of the term. 2228 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

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 Any consent, notice, any consultation or any other thing make diligent progress towards rectifying any such which is pursuant to the terms of this licence either required to be breach which is incapable of rectification within the given, done or performed or which may be given, done or time so limited; 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 18. Severance given notice in writing of such breach or default 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 affecting the validity or enforceability of the remainder of this 15.3 the licence fee referred to in condition 8 is unpaid licence. for a period of 14 days after notice has been given to 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 variation or addition is made in writing, signed by both the 15.4.1 the licensee is unable to pay its debts as and Minister and the licensee and expressed to be either supplemental when they fall due or is otherwise insolvent; 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 20. Waiver liquidation of the licensee; 20.1 A waiver of any provision of this licence by the 15.4.3 the licensee enters into a scheme of Minister must both be in writing and be signed by the arrangement, compromise, moratorium or Minister or by persons duly authorised to execute such other form of composition with its creditors a document on the Minister’s part. or any class of its creditors; 20.2 No waiver by the Minister of a breach of a term or 15.4.4 a receiver, a manager or a receiver and condition contained in this licence shall operate as a manager, a company administrator or other waiver of any breach of the same or any other term insolvency administrator is appointed to the or condition contained in this licence. licensee; or 20.3 No forbearance, delay or indulgence by the Minister 15.4.5 a mortgagee, chargee or other encum- in enforcing the provisions of this licence shall brancee is appointed over or takes prejudice or restrict the rights of the Minister. possession of or appoints an agent to take possession of all or any of the licensee’s 21. Notices assets; or 21.1 Notices may be served by delivering the same 15.5 if the licensee is an individual, the licensee: personally, by mail or facsimile transmission and shall be: 15.5.1 becomes bankrupt or assigns its estate or enters into a deed of arrangement or other 21.1.1 in writing addressed to the Director of form of composition for the benefit of the Fisheries, PIRSA, 16th Floor, 25 Grenfell licensee’s creditors; or Street, Adelaide, S.A. 5000 (in the case of the Minister) and to the address of the 15.5.2 is convicted of an indictable offence. licensee set out above (in the case of the Termination of this licence by the Minister shall be licensee); without prejudice to any rights, remedies or actions 21.1.2 signed by or on behalf of the sender or by a that the Minister may have against the licensee in person duly authorised in that regard by the respect of any antecedent breach by the licensee of sender; the terms and conditions contained in this licence. Interpretation 21.1.3 deemed to be duly served or made in the 16. following circumstances: Subject to any inconsistency of subject or context, the (a) if delivered, upon delivery; following rules of construction shall be used in the interpretation of this licence: (b) if sending by mail, upon posting; 16.1 any word importing the plural includes the singular (c) if sent by facsimile transmission, upon and vice versa; the sender’s facsimile producing a transmission report that the facsimile 16.2 any wording importing a gender shall include all was satisfactorily sent in its entirety to other genders; the addressee’s facsimile number, 16.3 a reference to a body corporate shall include a vice versa but if delivery is not made before 5 p.m. on natural person and ; any day it shall be deemed to be received at 16.4 a reference to a recital, party, clause, Schedule or 9 a.m. on the next day in that place. Annexure is a reference to a recital, party, clause, 21.2 The Minister and the licensee may each vary their Schedule or Annexure of this licence; address or facsimile number at any time by written notice. 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2229

22. SASQAP Item 1¾Permitted Species 22.1 The licensee: The Director of Fisheries has, pursuant to section 50 (2) of the 22.1.1 must submit to the Manager, South Act, issued a permit for the release of the fish specified in this Australian Shellfish Quality Assurance Schedule. Program (‘SASQAP’) for testing such Blue Mussels (Mytilus edulis) sample as the Manager, SASQAP requires of Item 1.1—Fish subject to SASQAP testing the fish farmed at the site and specified in Item 1.1 of Schedule 2; Blue Mussels (Mytilus edulis) 22.1.2 must comply with all reasonable require- Item 2¾Permitted Farming Methods ments of the Manager, SASQAP in relation The Director of Fisheries has, pursuant to section 48G (2) of to such testing; and the Act, issued a permit to disturb the seabed for the purpose of 22.1.3 must obtain the written consent of the installing the structures specified in this Schedule. Manager, SASQAP, prior to making any of Longlines the fish farmed at the site and specified in Item 1.1 of Schedule 2, available for human Each unit must not exceed 100 m in length and 2 m in width, consumption. and each unit must be at least 6 m from any other unit. Granted on behalf of the Minister by Director of Fisheries, Item 3¾Stocking Rates delegate of the Minister, on 2 November 1999. Oysters G. R. MORGAN, Director of Fisheries Size (mm) Number per Hectare The licensee hereby acknowledges and agrees to the terms and 3 30 000 000 conditions of this licence. 10 20 000 000 Signed by the said B. PUGLISI 20 16 000 000 30 13 000 000 In the presence of: M. A. COTTRELL, Witness 40 6 000 000 SCHEDULE 1 50 4 000 000 60 2 000 000 Item 1—The Site 70 1 500 000 Area applicable to this licence: 80 1 000 000 90 750 000 Licensed Area Licensed 100 500 000 Hectares AGD 66—Zone 53 SCHEDULE 3 581800E 6165250N 5 Item 1—Fees 582000E 6165250N Annual licence fees are: 582000E 6165000N 581800E 6165000N $ Base Licence Fee per hectare 5 at $57 each...... 285.00 All structures, equipment, buoys and flotations (except for that SASQAP (under classification) ...... 849.00 required by the Department for Transport, Urban Planning and the Arts) must be black, dark grey, dark blue, dark brown, or dark Total Annual Licence Fee...... 1 134.00 green coloured materials. Quarterly instalments...... 283.50 The boundary of the site to be marked either with: Item 2—Public Risk Insurance (a) (1) At the corners with posts extending 900 mm above Five million dollars ($5 000 000). mean high water springs. Such posts to be marked SCHEDULE 4 with a St Andrews cross, each cross arm measuring 900 mm from tip to tip, minimum width 75 mm. Returns (2) Posts to be not less than 125 mm in diameter. The licensee must submit the following information to the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 (3) Posts and crosses to be painted yellow. Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and (4) The ends of each cross to be marked with a 31 July during the term of this licence: 200 mm strip of yellow retro-reflective tape. 1. Name of licensee. (5) Between the corner posts at intervals not exceeding 2. Address of licensee. 50 m, buoys not less than 300 mm in diameter. 3. Species of fish farmed and held on the site. (6) All buoys, posts, crosses and markers must be maintained in good condition. 4. Location of aquaculture operation. or 5. Period covered by return. (b) (1) At each corner, yellow spar buoys with a St 6. Number of life stage of each species of fish held. Andrews cross as a top mark placed at least 7. Number, weight and value of each species of fish held. 900 mm above the buoy, cross arms 900 mm long x 75 mm wide. 8. Details of any disease detected in any fish kept. (2) The buoys and topmarks must all be coloured 9. Source (whether interstate or intrastate) of any stock yellow and marked with a yellow retro-reflective as acquired and date of acquisition (if relevant, include name in (a) (4). of authority that provided certification that stock was free from disease). (3) All buoys, posts, crosses and markers must be maintained in good condition. 10. If any fish were brought into the state, the number of fish and the life stage of the fish. When the site is in navigable water and possible danger to navigation, lights must be placed on the top of each St Andrews 11. If fish were brought into the state, the purpose for which cross that is located at each corner of the site and these lights they were brought in. must be yellow in colour and flashing once every 4 seconds and visible over an arc of 360 degrees for a distance of at least one mile. Item 2—Marked-Off Areas [Co-ordinates of developed areas within the site to be provided by the licensee.] White buoys of at least 12 inches in diameter must be placed around the whole of the perimeter of the developed areas within the site at a distance of no less than 50 m from one another. SCHEDULE 2 2230 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

12. Method of disposal of water and packaging use for SCHEDULE 2 transporting the fish. 1. Fish obtained within South Australia for use in the fish farm 13. If any disease or symptom of disease occurred in the shall only be obtained from registered fish farmers, licensed acquired fish. fishers or other persons approved by the Director of Fisheries. 14. Method of disposal of diseased or dead fish and the 2. The permit holder shall not import any live fish (ova, fry or number disposed of. adult) into South Australia unless the shipment has certification 15. Signature, date and telephone number. from an appropriate authority in the State from which they are obtained that they are free from all relevant notifiable diseases 16. Use of any chemicals for fish husbandry—type of listed in Schedule 4 or the Fisheries (Exotic Fish, Fish Farming chemical and quantity used, purpose and date of use. and Fish Diseases) Regulations 1984. SCHEDULE 5 3. Any oysters brought into South Australia must undergo a Approved Environmental Monitoring Program soakage process whereby they are completely submerged in fresh water for a period of not less than 2 hours before being placed in An Environmental Monitoring Program for the site must the approved structures. Fresh water is deemed to be water comply with the general requirements for environmental suitable for human consumption or horticultural or agricultural monitoring specified in the notes to the Decision Notification use. Form issued for the site under Regulation 42 of the Development Regulations 1993. 4. The permit holder shall not contravene or fail to comply with the Fisheries Act 1982, or any regulations made under the The licensee must submit a draft Environmental Monitoring Act, except where specifically permitted by this notice. Program in writing to the General Manager Aquaculture within 60 days after the grant of the licence by the Minister. 5. The permit holder must retain the copy of this permit which has been supplied by the Director of Fisheries, and if requested by a Fisheries and Aquaculture Officer, produce that permit for FISHERIES ACT 1982: SECTION 48G (2) inspection. TAKE notice that pursuant to section 48G (2) of the Fisheries Dated 3 August 1999. Act 1982, I hereby authorise Bartolomeo Puglisi, 6 Prospect D. MACKIE, Manager, Legislation and Policy Road, Port Lincoln, S.A. 5606 (hereinafter referred to as the ‘permit holder’) to disturb the seabed of the site specified in Item 1 of the Schedule for the purpose only of installing the structures FISHERIES ACT 1982 specified in Item 2 of the Schedule in accordance with Marine Mollusc Farming Licence Number FM00172, (such structures not MARINE MOLLUSC FARMING LICENCE FM00218 to be installed on the seabed itself) for the period commencing 1 Licence to Farm Fish under section 53 of the Fisheries July 1999 and ending upon the expiration or earlier termination Act 1982 of Marine Mollusc Farming Licence Number FM00172, issued WHEREAS the Director of Fisheries has, pursuant to section pursuant to section 53 of the Fisheries Act 1982. 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to SCHEDULE 1 the undermentioned licensee to release the fish specified in Item 1—Location Co-ordinates Item 1 of Schedule 2 of this licence (‘the permitted species’) and, pursuant to section 48G (2) of the Act, the Director of Fisheries Licensed Area Licensed has also issued a permit to disturb the seabed for the purpose of Hectares installing structures necessary for the licensed activity at the AGD 66—Zone 53 undermentioned site, the Minister for Primary Industries, Natural 581800E 6165250N 5 Resources and Regional Development (‘the Minister’) hereby 582000E 6165250N grants to: 582000E 6165000N G. and A. Seidl 581800E 6165000N 59 Bergmann Drive Item 2—Structures to be installed Ceduna, S.A. 5690, Longlines 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 Each unit must not exceed 100 m in length and 2 m in width farming and taking the permitted species (‘the permitted use’) for and each unit must be at least 6 m from any other unit. the period commencing on 1 July 1999 and ending, subject to any Dated 3 August 1999. earlier termination under this licence, on 30 June 2000 (‘the term’) subject to the following terms and conditions: D. MACKIE, Manager, Legislation and Policy CONDITIONS OF THIS LICENCE Licence FISHERIES ACT 1982: SECTION 50 (2) 1. TAKE notice that pursuant to section 50 (2) of the Fisheries Act The parties acknowledge and agree that: 1982, I hereby authorise Bartolomeo Puglisi, 6 Prospect Road, 1.1 the rights, powers and privileges granted to or vested in Port Lincoln, S.A. 5606 (hereinafter referred to as the ‘permit the licensee under this licence are contractual only and holder’) to engage in the activities and to do the acts specified in shall not create or vest in the licensee any estate, Schedule 1, subject to the conditions specified in Schedule 2 from interest or right of a proprietary nature in the site; and the date of this permit ending upon the expiration or earlier 1.2 that, subject to section 53A of the Fisheries Act 1982, termination of Licence Number FM00172. this licence does not entitle the licensee to exclusive SCHEDULE 1 rights of entry to and occupation of the site and that The importation and release of Blue mussels, (Mytilus edulis) the rights granted by this licence are exercisable by the within the area of waters defined by the following co-ordinates: licensee in common with any other occupiers of the site from time to time. Licensed Area Licensed Marked-off Areas Hectares 2. AGD 66—Zone 53 For the purposes of section 53A of the Fisheries Act 1982, the 581800E 6165250N 5 marked-off areas within the site is that area or those areas 582000E 6165250N marked-off or indicated in the manner set out in Item 2 of 582000E 6165000N Schedule 1 of this licence. 581800E 6165000N 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2231

3. Permitted Species 9.2.2 in the event that the Minister is satisfied, on The licensee: reasonable grounds, that the fish taken from the waters are not fit for human consumption or that 3.1 must not farm or introduce any species at the site other consumption of fish taken from the waters could than the permitted species; and present a danger to the health of the consumer, 3.2 must not take any wild fish from the site except for the licensee must, in accordance with a written recreational purposes. notice from the Minister, cease or suspend the conduct of the permitted use or else conduct the 4. Permitted Use permitted use as directed within the notice. The licensee must not use the site for any purpose other than 10. Public Risk Liability the permitted use. The licensee must at all times indemnify the Minister, his 5. Permitted Methods officers, employees, contractors and agents from and against all The licensee: claims, demands, actions, judgments, proceedings, damages, losses, costs, charges and expenses in respect of any loss of life, personal 5.1 must not stock the permitted species at a rate greater injury and/or damage to property caused or suffered in any than that specified in Schedule 2 of this licence; manner in or about the site. 5.2 must not use the anti-fouling chemical tributyltin (TBT) 11. Release on any equipment used at the site; The licensee must use and keep the site at the risk in all things 5.3 must not use any chemical or drug for either therapeutic of the licensee and the licensee must release to the full extent or prophylactic purpose except with the prior approval permitted by law the Minister, his agents, contractors and of the Minister; servants in the absence of any wilful act, omission, default or 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 property occurring at the site, including loss or damage to the 6. Marking and Maintaining the Site licensee’s fixtures or personal property of the licensee. The licensee: 12. Public Risk Insurance 6.1 must ensure that the site is maintained in a good, tidy The licensee shall at its own cost and expense during the term and safe condition to the satisfaction of the Minister; effect and keep in full force and effect in respect of the site and 6.2 must remove and lawfully dispose of any waste or debris the permitted use a policy of public risk insurance in the joint on the site as soon as is reasonably practicable and in names of the licensee and the Minister in which the limits of particular must comply with any guidelines issued from public risk shall not be less than the amount specified in Item 2 of time to time by the Minister in relation to the removal Schedule 3 of this licence, or such further amount as the Minister from the site of any unhealthy or dead fish; may from time to time reasonably require, as the amount which may be paid out in respect of any one single claim and a policy of 6.3 must maintain all buoys, crosses, and markers on the site insurance or copy thereof or a certificate of insurance shall be in good condition and in accordance with the colours produced by the licensee to the Minister on request in writing specified in Schedule 1 of this licence; and being made by the Minister for its production. 6.4 must mark the site boundary in accordance with the 13. Guarantee or Indemnity Scheme specifications in Schedule 1 of this licence. The licensee must either: 7. Site Inspection and Supervision 13.1 provide a guarantee from its bankers; or The licensee: 13.2 contribute to an indemnity scheme established for 7.1 must at all times permit the Minister, his employees, the aquaculture and fisheries industry and approved by agents or contractors or any employees, agents or the Minister, contractors of the Crown to enter the site for the purposes of inspecting the site, the sea floor and the to and in favour of and for the benefit of the Minister by way of flora and fauna on or in the vicinity of the site; and security for the due and punctual performance by the licensee of the terms and conditions of this licence and in particular the 7.2 must comply with all reasonable directions of any such obligations of the licensee to rehabilitate the site immediately person authorised by the Director of Fisheries to inspect prior to the expiration or sooner determination of the term of the conduct of the licensee’s activities at the site. this licence. Such guarantee or indemnity scheme must have 8. Fees and Returns effect from the date of commencement of the term. The licensee: 14. No Assignment 8.1 must pay to the Minister the licence fee in accordance The licensee acknowledges that this licence is personal and it with Item l of Schedule 3 of this licence; must not assign or sublet or deal in any other way with any 8.2 must on or before 31 January and 31 July during the interest in this licence. term, submit to the Minister a return supplying all of 15. Default by Licensee and Termination the information described in Schedule 4 of this licence. The Minister may terminate this licence immediately by notice 9. Compliance With Relevant Laws in writing served on the licensee if: 9.1 the licensee must at all times comply with all laws, by- 15.1 the licensee commits or permits any breach or laws or regulations in force which relate to the site or default of the obligations imposed on the licensee by the activities conducted in the site and with all notices, this licence, and following the giving by the Minister orders or requirements lawfully given or made by any of written notice of such breach or default, the authority or authorities in respect of the site; licensee either fails to rectify such breach or default 9.2 in particular, without derogating from the general within one calendar month of the date of such notice requirement under condition 9 of this licence: (or earlier if the circumstances require) or fails to make diligent progress towards rectifying any such 9.2.1 the licensee must not do or permit to be done in breach which is incapable of rectification within the upon or about the site anything which in the time so limited; or opinion of the Minister would cause or contribute to the degradation or pollution of any coastal 15.2 the licensee commits or permits any further breach land or the surrounding marine environment; and or default of the obligations imposed on the licensee by this licence for which the Minister has previously given notice in writing of such breach or default pursuant to paragraph 1 of condition 15.1 notwith- standing rectification of the previous breach or default; or 15.3 the licence fee referred to in condition 8 is unpaid for a period of 14 days after notice has been given to the licensee that it is outstanding; or 2232 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 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. Waiver 15.4.3 the licensee enters into a scheme of 20. arrangement, compromise, moratorium or 20.1 A waiver of any provision of this licence by the other form of composition with its creditors Minister must both be in writing and be signed by the or any class of its creditors; Minister or by persons duly authorised to execute such 15.4.4 a receiver, a manager or a receiver and a document on the Minister’s part. manager, a company administrator or other 20.2 No waiver by the Minister of a breach of a term or insolvency administrator is appointed to the condition contained in this licence shall operate as a licensee; or waiver of any breach of the same or any other term 15.4.5 a mortgagee, chargee or other encum- or condition contained in this licence. brancee is appointed over or takes 20.3 No forbearance, delay or indulgence by the Minister possession of or appoints an agent to take in enforcing the provisions of this licence shall possession of all or any of the licensee’s prejudice or restrict the rights of the Minister. assets; or 21. Notices 15.5 if the licensee is an individual, the licensee: 21.1 Notices may be served by delivering the same 15.5.1 becomes bankrupt or assigns its estate or personally, by mail or facsimile transmission and shall enters into a deed of arrangement or other be: form of composition for the benefit of the 21.1.1 in writing addressed to the Director of licensee’s creditors; or Fisheries, PIRSA, 16th Floor, 25 Grenfell 15.5.2 is convicted of an indictable offence. Street, Adelaide, S.A. 5000 (in the case of Termination of this licence by the Minister shall be the Minister) and to the address of the without prejudice to any rights, remedies or actions licensee set out above (in the case of the that the Minister may have against the licensee in licensee); respect of any antecedent breach by the licensee of 21.1.2 signed by or on behalf of the sender or by a the terms and conditions contained in this licence. person duly authorised in that regard by the 16. Interpretation sender; Subject to any inconsistency of subject or context, the 21.1.3 deemed to be duly served or made in the following rules of construction shall be used in the interpretation following circumstances: of this licence: (a) if delivered, upon delivery; 16.1 any word importing the plural includes the singular (b) if sending by mail, upon posting; vice versa and ; (c) if sent by facsimile transmission, upon 16.2 any wording importing a gender shall include all the sender’s facsimile producing a other genders; transmission report that the facsimile 16.3 a reference to a body corporate shall include a was satisfactorily sent in its entirety to natural person and vice versa; the addressee’s facsimile number, 16.4 a reference to a recital, party, clause, Schedule or but if delivery is not made before 5 p.m. on Annexure is a reference to a recital, party, clause, any day it shall be deemed to be received at Schedule or Annexure of this licence; 9 a.m. on the next day in that place. 16.5 the captions, headings, section numbers and clause 21.2 The Minister and the licensee may each vary their numbers appearing in this licence are inserted only as address or facsimile number at any time by written a matter of convenience and in no way affect the notice. construction of this licence; 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. Delegation ments of the Manager, SASQAP in relation 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 Granted on behalf of the Minister by Director of Fisheries, delegate of the Minister, on 2 November 1999. If any term or condition of this licence should be for any reason unlawful, void, invalid or unenforceable then the offending G. R. MORGAN, Director of Fisheries term or condition shall be severed from this licence without The licensee hereby acknowledges and agrees to the terms and affecting the validity or enforceability of the remainder of this conditions of this licence. licence. Signed by the said G. B. SEIDL In the presence of: W. SEIDL, Witness 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2233

SCHEDULE 1 Racks Item 1—The Site Longlines Area applicable to this licence: Each unit must not exceed 100 m in length and 2 m in width, and each unit must be at least 6 m from any other unit. Licensed Area Licensed Item 3¾Stocking Rates Hectares AGD 66—Zone 53 Oysters 425646E 6399396N 10 Size (mm) Number per Hectare 425901E 6399718N 3 2 500 000 425698E 6399832N 10 1 600 000 425426E 6399519N 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 The boundary of the site to be marked either with: 70 150 000 80 100 000 (a) (1) At the corners with posts extending 900 mm above mean high water springs. Such posts to be marked SCHEDULE 3 with a St Andrews cross, each cross arm measuring Item 1—Fees 900 mm from tip to tip, minimum width 75 mm. Annual licence fees are: (2) Posts to be not less than 125 mm in diameter. $ (3) Posts and crosses to be painted yellow. Fisheries Research and Development Corporation (4) The ends of each cross to be marked with a Levy per hectare 10 @ $12.50 each...... 125.00 200 mm strip of yellow retro-reflective tape. Environmental Monitoring Program Fee per hectare 10 at $22.96 each ...... 229.60 (5) Between the corner posts at intervals not exceeding Base Licence Fee per hectare 10 at $57 each...... 570.00 50 m, buoys not less than 300 mm in diameter. Total Annual Licence Fee...... 924.60 (6) All buoys, posts, crosses and markers must be Quarterly Instalments...... 231.15 maintained in good condition. Item 2—Public Risk Insurance or Five million dollars ($5 000 000). (b) (1) At each corner, yellow spar buoys with a St Andrews cross as a top mark placed at least SCHEDULE 4 900 mm above the buoy, cross arms 900 mm long x Returns 75 mm wide. The licensee must submit the following information to the (2) 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: (3) 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 Pacific Oysters (Crassostrea gigas) transporting the fish. Item 1.1¾Fish subject to SASQAP testing 13. If any disease or symptom of disease occurred in the acquired fish. Pacific Oysters (Crassostrea gigas) 14. Method of disposal of diseased or dead fish and the Item 2¾Permitted Farming Methods number disposed of. The Director of Fisheries has, pursuant to section 48G (2) of 15. Signature, date and telephone number. the Act, issued a permit to disturb the seabed for the purpose of installing the structures specified in this Schedule. 16. Use of any chemicals for fish husbandry—type of chemical and quantity used, purpose and date of use. 2234 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 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 FM00309 particular must comply with any guidelines issued from (PREVIOUS LICENCE NO. F842) 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 P. J. and S. M. Dennis (14232) purposes of inspecting the site, the sea floor and the 21 Normandy Place flora and fauna on or in the vicinity of the site; and Port Lincoln, S.A. 5606, 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 July 1999 and ending, subject to any 8. Fees and Returns earlier termination under this licence, on 30 June 2000 (‘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 4. Permitted Use permitted use as directed within the notice. Public Risk Liability The licensee must not use the site for any purpose other than 10. the permitted use. The licensee must at all times indemnify the Minister, his 5. Permitted Methods officers, employees, contractors and agents from and against all claims, demands, actions, judgments, proceedings, damages, losses, The licensee: costs, charges and expenses in respect of any loss of life, personal 5.1 must not stock the permitted species at a rate greater injury and/or damage to property caused or suffered in any than that specified in Schedule 2 of this licence; manner in or about the site. 5.2 must not use the anti-fouling chemical tributyltin (TBT) 11. Release on any equipment used at the site; The licensee must use and keep the site at the risk in all things 5.3 must not use any chemical or drug for either therapeutic of the licensee and the licensee must release to the full extent or prophylactic purpose except with the prior approval permitted by law the Minister, his agents, contractors and of the Minister; servants in the absence of any wilful act, omission, default or neglect on their part from all claims and demands of every kind 5.4 must apply the permitted farming methods set out in resulting from any accident damage or injury to persons or Item 2 of Schedule 2 of this licence. property occurring at the site, including loss or damage to the 6. Marking and Maintaining the Site licensee’s fixtures or personal property of the licensee. The licensee: 6.1 must ensure that the site is maintained in a good, tidy and safe condition to the satisfaction of the Minister; 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2235

12. Public Risk Insurance 15.5.1 becomes bankrupt or assigns its estate or The licensee shall at its own cost and expense during the term enters into a deed of arrangement or other effect and keep in full force and effect in respect of the site and form of composition for the benefit of the the permitted use a policy of public risk insurance in the joint licensee’s creditors; or names of the licensee and the Minister in which the limits of 15.5.2 is convicted of an indictable offence. public risk shall not be less than the amount specified in Item 2 of Termination of this licence by the Minister shall be Schedule 3 of this licence, or such further amount as the Minister without prejudice to any rights, remedies or actions may from time to time reasonably require, as the amount which that the Minister may have against the licensee in may be paid out in respect of any one single claim and a policy of respect of any antecedent breach by the licensee of insurance or copy thereof or a certificate of insurance shall be the terms and conditions contained in this licence. produced by the licensee to the Minister on request in writing being made by the Minister for its production. 16. Interpretation 13. Guarantee or Indemnity Scheme Subject to any inconsistency of subject or context, the following rules of construction shall be used in the interpretation The licensee must either: of this licence: 13.1 provide a guarantee from its bankers; or 16.1 any word importing the plural includes the singular 13.2 contribute to an indemnity scheme established for and vice versa; the aquaculture and fisheries industry and approved by 16.2 any wording importing a gender shall include all the Minister, other genders; to and in favour of and for the benefit of the Minister by way of 16.3 a reference to a body corporate shall include a security for the due and punctual performance by the licensee of natural person and vice versa; the terms and conditions of this licence and in particular the obligations of the licensee to rehabilitate the site immediately 16.4 a reference to a recital, party, clause, Schedule or prior to the expiration or sooner determination of the term of Annexure is a reference to a recital, party, clause, this licence. Such guarantee or indemnity scheme must have Schedule or Annexure of this licence; effect from the date of commencement of the term. 16.5 the captions, headings, section numbers and clause 14. No Assignment numbers appearing in this licence are inserted only as a matter of convenience and in no way affect the The licensee acknowledges that this licence is personal and it construction of this licence; must not assign or sublet or deal in any other way with any interest in this licence. 16.6 a reference to a statute shall include all statutes Default by Licensee and Termination amending, consolidating or replacing the statutes 15. referred to; The Minister may terminate this licence immediately by notice 16.7 where two or more persons are named as licensees, in writing served on the licensee if: this licence shall bind the licensees jointly and each of 15.1 the licensee commits or permits any breach or them severally; and default of the obligations imposed on the licensee by 16.8 time is of the essence in respect of any obligation this licence, and following the giving by the Minister relating to time in this licence. of written notice of such breach or default, the licensee either fails to rectify such breach or default 17. Delegation within one calendar month of the date of such notice Any consent, notice, any consultation or any other thing (or earlier if the circumstances require) or fails to which is pursuant to the terms of this licence either required to be make diligent progress towards rectifying any such given, done or performed or which may be given, done or breach which is incapable of rectification within the performed by the Minister may for the purposes of this licence be time so limited; or properly given, done or performed by any duly authorised agent 15.2 the licensee commits or permits any further breach or employee of the Minister. or default of the obligations imposed on the licensee 18. Severance by this licence for which the Minister has previously given notice in writing of such breach or default If any term or condition of this licence should be for any pursuant to paragraph 1 of condition 15.1 notwith- reason unlawful, void, invalid or unenforceable then the offending standing rectification of the previous breach or term or condition shall be severed from this licence without default; or affecting the validity or enforceability of the remainder of this licence. 15.3 the licence fee referred to in condition 8 is unpaid for a period of 14 days after notice has been given to 19. Modification the licensee that it is outstanding; or No variation of or addition to any provision of this licence 15.4 if the licensee is a body corporate, any of the shall be binding upon the Minister and the licensee unless such following occur: variation or addition is made in writing, signed by both the Minister and the licensee and expressed to be either supplemental 15.4.1 the licensee is unable to pay its debts as and to or in substitution for the whole or a part of this licence. when they fall due or is otherwise insolvent; 20. Waiver 15.4.2 an order is made for the winding up or liquidation of the licensee; 20.1 A waiver of any provision of this licence by the Minister must both be in writing and be signed by the 15.4.3 the licensee enters into a scheme of Minister or by persons duly authorised to execute such arrangement, compromise, moratorium or a document on the Minister’s part. other form of composition with its creditors or any class of its creditors; 20.2 No waiver by the Minister of a breach of a term or condition contained in this licence shall operate as a 15.4.4 a receiver, a manager or a receiver and waiver of any breach of the same or any other term manager, a company administrator or other or condition contained in this licence. insolvency administrator is appointed to the licensee; or 20.3 No forbearance, delay or indulgence by the Minister in enforcing the provisions of this licence shall 15.4.5 a mortgagee, chargee or other encum- prejudice or restrict the rights of the Minister. brancee is appointed over or takes possession of or appoints an agent to take 21. Notices possession of all or any of the licensee’s 21.1 Notices may be served by delivering the same assets; or personally, by mail or facsimile transmission and shall 15.5 if the licensee is an individual, the licensee: be: 2236 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

21.1.1 in writing addressed to the Director of When the site is in navigable water and possible danger to Fisheries, PIRSA, 16th Floor, 25 Grenfell navigation, lights must be placed on the top of each St Andrews Street, Adelaide, S.A. 5000 (in the case of cross that is located at each corner of the site and these lights the Minister) and to the address of the must be yellow in colour and flashing once every 4 seconds and licensee set out above (in the case of the visible over an arc of 360 degrees for a distance of at least one licensee); mile. 21.1.2 signed by or on behalf of the sender or by a Item 2—Marked-Off Areas person duly authorised in that regard by the [Co-ordinates of developed areas within the site to be provided sender; by the licensee.] 21.1.3 deemed to be duly served or made in the White buoys of at least 12 inches in diameter must be placed following circumstances: around the whole of the perimeter of the developed areas within (a) if delivered, upon delivery; the site at a distance of no less than 50 m from one another. (b) if sending by mail, upon posting; SCHEDULE 2 (c) if sent by facsimile transmission, upon Item 1¾Permitted Species the sender’s facsimile producing a The Director of Fisheries has, pursuant to section 50 (2) of the transmission report that the facsimile Act, issued a permit for the release of the fish specified in this was satisfactorily sent in its entirety to Schedule. the addressee’s facsimile number, Pacific Oysters (Crassostrea gigas) but if delivery is not made before 5 p.m. on any day it shall be deemed to be received at Item 2¾Permitted Farming Methods 9 a.m. on the next day in that place. The Director of Fisheries has, pursuant to section 48G (2) of 21.2 The Minister and the licensee may each vary their the Act, issued a permit to disturb the seabed for the purpose of address or facsimile number at any time by written installing the structures specified in this Schedule. notice. BST Longlines Granted on behalf of the Minister by Director of Fisheries, Each unit must not exceed 100 m in length and 2 m in width, delegate of the Minister, on 2 November 1999. and each unit must be at least 6 m from any other unit. G. R. MORGAN, Director of Fisheries Item 3¾Stocking Rates The licensee hereby acknowledges and agrees to the terms and Oysters conditions of this licence. Size (mm) Number per Hectare Signed by the said G. M. DENNIS 3 2 500 000 In the presence of: H. J. ETTRIDGE, Witness 10 1 600 000 SCHEDULE 1 20 1 100 000 30 750 000 Item 1—The Site 40 500 000 Area applicable to this licence: 50 350 000 60 200 000 Licensed Area Licensed 70 150 000 Hectares 80 100 000 AGD 66—Zone 53 532619E 6176299N 1 SCHEDULE 3 532689E 6176228N Item 1—Fees 532619E 6176157N Annual licence fees are: 532548E 6176228N $ All structures, equipment, buoys and flotations (except for that Fisheries Research and Development Corporation required by the Department for Transport, Urban Planning and Levy per hectare 1 @ $12.50 each...... 25.00 the Arts) must be black, dark grey, dark blue, dark brown, or dark Environmental Monitoring Program Fee per hectare green coloured materials. 1 at $22.96 each ...... 22.96 The boundary of the site to be marked either with: Base Licence Fee per hectare 1 at $57 each...... 57.00 (a) (1) At the corners with posts extending 900 mm above SASQAP (classified area) per hectare 1 at $60 each...... 60.00 mean high water springs. Such posts to be marked Total Annual Licence Fee...... 152.46 with a St Andrews cross, each cross arm measuring Quarterly Instalments...... 38.12 900 mm from tip to tip, minimum width 75 mm. Item 2—Public Risk Insurance (2) Posts to be not less than 125 mm in diameter. Five million dollars ($5 000 000). (3) Posts and crosses to be painted yellow. SCHEDULE 4 (4) The ends of each cross to be marked with a 200 mm strip of yellow retro-reflective tape. Returns (5) Between the corner posts at intervals not exceeding The licensee must submit the following information to the 50 m, buoys not less than 300 mm in diameter. Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and (6) All buoys, posts, crosses and markers must be 31 July during the term of this licence: maintained in good condition. 1. Name of licensee. or 2. Address of licensee. (b) (1) At each corner, yellow spar buoys with a St Andrews cross as a top mark placed at least 3. Species of fish farmed and held on the site. 900 mm above the buoy, cross arms 900 mm long x 4. Location of aquaculture operation. 75 mm wide. 5. Period covered by return. (2) The buoys and topmarks must all be coloured yellow and marked with a yellow retro-reflective as 6. Number of life stage of each species of fish held. in (a) (4). 7. Number, weight and value of each species of fish held. (3) All buoys, posts, crosses and markers must be 8. Details of any disease detected in any fish kept. maintained in good condition. 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2237

9. Source (whether interstate or intrastate) of any stock SCHEDULE 2 acquired and date of acquisition (if relevant, include name 1. Fish obtained within South Australia for use in the fish farm of authority that provided certification that stock was shall only be obtained from registered fish farmers, licensed free from disease). fishers or other persons approved by the Director of Fisheries. 10. If any fish were brought into the state, the number of 2. The permit holder shall not import any live fish (ova, fry or fish and the life stage of the fish. adult) into South Australia unless the shipment has certification 11. If fish were brought into the state, the purpose for which from an appropriate authority in the State from which they are they were brought in. obtained that they are free from all relevant notifiable diseases 12. Method of disposal of water and packaging use for listed in Schedule 4 or the Fisheries (Exotic Fish, Fish Farming transporting the fish. and Fish Diseases) Regulations 1984. 13. If any disease or symptom of disease occurred in the 3. Any oysters brought into South Australia must undergo a acquired fish. soakage process whereby they are completely submerged in fresh water for a period of not less than 2 hours before being placed in 14. Method of disposal of diseased or dead fish and the the approved structures. Fresh water is deemed to be water number disposed of. suitable for human consumption or horticultural or agricultural 15. Signature, date and telephone number. use. 16. Use of any chemicals for fish husbandry—type of 4. The permit holder shall not contravene or fail to comply chemical and quantity used, purpose and date of use. with the Fisheries Act 1982, or any regulations made under the Act, except where specifically permitted by this notice. 5. The permit holder must retain the copy of this permit which FISHERIES ACT 1982: SECTION 48G (2) has been supplied by the Director of Fisheries, and if requested by TAKE notice that pursuant to section 48G (2) of the Fisheries a Fisheries and Aquaculture Officer, produce that permit for Act 1982, I hereby authorise P. J. and S. M. Dennis, 21 inspection. Normandy Place, Port Lincoln, S.A. 5606 (hereinafter referred Dated 2 November 1999. to as the ‘permit holder’) to disturb the seabed of the site specified in Item 1 of the Schedule for the purpose only of G. R. MORGAN, Director of Fisheries installing the structures specified in Item 2 of the Schedule in accordance with Marine Mollusc Farming Licence Number FM00309, (such structures not to be installed on the seabed itself) FISHERIES ACT 1982 for the period commencing 1 July 1999 and ending upon the MARINE MOLLUSC FARMING LICENCE FM00318 expiration or earlier termination of Marine Mollusc Farming Licence to Farm Fish under section 53 of the Fisheries Licence Number FM00309, issued pursuant to section 53 of the Act 1982 Fisheries Act 1982. WHEREAS the Director of Fisheries has, pursuant to section SCHEDULE 1 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to Item 1—Location Co-ordinates the undermentioned licensee to release the fish specified in Licensed Area Licensed Item 1 of Schedule 2 of this licence (‘the permitted species’) and, Hectares pursuant to section 48G (2) of the Act, the Director of Fisheries AGD 66—Zone 53 has also issued a permit to disturb the seabed for the purpose of installing structures necessary for the licensed activity at the 532619E 6176299N 1 undermentioned site, the Minister for Primary Industries, Natural 532689E 6176228N Resources and Regional Development (‘the Minister’) hereby 532619E 6176157N grants to: 532548E 6176228N Kathryn L. Cunningham (14431) Item 2—Structures to be installed 3/10 Southpoint Drive BST Longlines Port Lincoln, S.A. 5606, Each unit must not exceed 100 m in length and 2 m in width a non-exclusive licence to occupy and use the waters specified in and each unit must be at least 6 m from any other unit. Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of farming and taking the permitted species (‘the permitted use’) for Dated 2 November 1999. the period commencing on 1 July 1999 and ending, subject to any G. R. MORGAN, Director of Fisheries earlier termination under this licence, on 30 June 2000 (‘the term’) subject to the following terms and conditions: FISHERIES ACT 1982: SECTION 50 (2) CONDITIONS OF THIS LICENCE Licence TAKE notice that pursuant to section 50 (2) of the Fisheries Act 1. 1982, I hereby authorise P. J. and S. M. Dennis, 21 Normandy The parties acknowledge and agree that: Place, Port Lincoln, S.A. 5606 (hereinafter referred to as the 1.1 the rights, powers and privileges granted to or vested in ‘permit holder’) to engage in the activities and to do the acts the licensee under this licence are contractual only and specified in Schedule 1, subject to the conditions specified in shall not create or vest in the licensee any estate, Schedule 2 from the date of this permit ending upon the interest or right of a proprietary nature in the site; and expiration or earlier termination of Licence Number FM00309. 1.2 that, subject to section 53A of the Fisheries Act 1982, SCHEDULE 1 this licence does not entitle the licensee to exclusive The importation and release of Pacific Oysters, (Crassostrea rights of entry to and occupation of the site and that gigas) within the waters defined by the following co-ordinates: the rights granted by this licence are exercisable by the Licensed Area Licensed licensee in common with any other occupiers of the site Hectares from time to time. AGD 66—Zone 53 2. Marked-off Areas 532619E 6176299N 1 For the purposes of section 53A of the Fisheries Act 1982, the 532689E 6176228N marked-off areas within the site is that area or those areas 532619E 6176157N marked-off or indicated in the manner set out in Item 2 of 532548E 6176228N Schedule 1 of this licence. 2238 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

3. Permitted Species 9.2.2 in the event that the Minister is satisfied, on The licensee: reasonable grounds, that the fish taken from the waters are not fit for human consumption or that 3.1 must not farm or introduce any species at the site other consumption of fish taken from the waters could than the permitted species; and present a danger to the health of the consumer, 3.2 must not take any wild fish from the site except for the licensee must, in accordance with a written recreational purposes. notice from the Minister, cease or suspend the conduct of the permitted use or else conduct the 4. Permitted Use permitted use as directed within the notice. The licensee must not use the site for any purpose other than 10. Public Risk Liability the permitted use. The licensee must at all times indemnify the Minister, his 5. Permitted Methods officers, employees, contractors and agents from and against all The licensee: claims, demands, actions, judgments, proceedings, damages, losses, costs, charges and expenses in respect of any loss of life, personal 5.1 must not stock the permitted species at a rate greater injury and/or damage to property caused or suffered in any than that specified in Schedule 2 of this licence; manner in or about the site. 5.2 must not use the anti-fouling chemical tributyltin (TBT) 11. Release on any equipment used at the site; The licensee must use and keep the site at the risk in all things 5.3 must not use any chemical or drug for either therapeutic of the licensee and the licensee must release to the full extent or prophylactic purpose except with the prior approval permitted by law the Minister, his agents, contractors and of the Minister; servants in the absence of any wilful act, omission, default or 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 property occurring at the site, including loss or damage to the 6. Marking and Maintaining the Site licensee’s fixtures or personal property of the licensee. The licensee: 12. Public Risk Insurance 6.1 must ensure that the site is maintained in a good, tidy The licensee shall at its own cost and expense during the term and safe condition to the satisfaction of the Minister; effect and keep in full force and effect in respect of the site and 6.2 must remove and lawfully dispose of any waste or debris the permitted use a policy of public risk insurance in the joint on the site as soon as is reasonably practicable and in names of the licensee and the Minister in which the limits of particular must comply with any guidelines issued from public risk shall not be less than the amount specified in Item 2 of time to time by the Minister in relation to the removal Schedule 3 of this licence, or such further amount as the Minister from the site of any unhealthy or dead fish; may from time to time reasonably require, as the amount which may be paid out in respect of any one single claim and a policy of 6.3 must maintain all buoys, crosses, and markers on the site insurance or copy thereof or a certificate of insurance shall be in good condition and in accordance with the colours produced by the licensee to the Minister on request in writing specified in Schedule 1 of this licence; and being made by the Minister for its production. 6.4 must mark the site boundary in accordance with the 13. Guarantee or Indemnity Scheme specifications in Schedule 1 of this licence. The licensee must either: 7. Site Inspection and Supervision 13.1 provide a guarantee from its bankers; or The licensee: 13.2 contribute to an indemnity scheme established for 7.1 must at all times permit the Minister, his employees, the aquaculture and fisheries industry and approved by agents or contractors or any employees, agents or the Minister, contractors of the Crown to enter the site for the purposes of inspecting the site, the sea floor and the to and in favour of and for the benefit of the Minister by way of flora and fauna on or in the vicinity of the site; and security for the due and punctual performance by the licensee of the terms and conditions of this licence and in particular the 7.2 must comply with all reasonable directions of any such obligations of the licensee to rehabilitate the site immediately person authorised by the Director of Fisheries to inspect prior to the expiration or sooner determination of the term of the conduct of the licensee’s activities at the site. this licence. Such guarantee or indemnity scheme must have 8. Fees and Returns effect from the date of commencement of the term. The licensee: 14. No Assignment 8.1 must pay to the Minister the licence fee in accordance The licensee acknowledges that this licence is personal and it with Item l of Schedule 3 of this licence; must not assign or sublet or deal in any other way with any 8.2 must on or before 31 January and 31 July during the interest in this licence. term, submit to the Minister a return supplying all of 15. Default by Licensee and Termination the information described in Schedule 4 of this licence. The Minister may terminate this licence immediately by notice 9. Compliance With Relevant Laws in writing served on the licensee if: 9.1 the licensee must at all times comply with all laws, by- 15.1 the licensee commits or permits any breach or laws or regulations in force which relate to the site or default of the obligations imposed on the licensee by the activities conducted in the site and with all notices, this licence, and following the giving by the Minister orders or requirements lawfully given or made by any of written notice of such breach or default, the authority or authorities in respect of the site; licensee either fails to rectify such breach or default 9.2 in particular, without derogating from the general within one calendar month of the date of such notice requirement under condition 9 of this licence: (or earlier if the circumstances require) or fails to make diligent progress towards rectifying any such 9.2.1 the licensee must not do or permit to be done in breach which is incapable of rectification within the upon or about the site anything which in the time so limited; or opinion of the Minister would cause or contribute to the degradation or pollution of any coastal 15.2 the licensee commits or permits any further breach land or the surrounding marine environment; and or default of the obligations imposed on the licensee by this licence for which the Minister has previously given notice in writing of such breach or default pursuant to paragraph 1 of condition 15.1 notwith- standing rectification of the previous breach or default; or 15.3 the licence fee referred to in condition 8 is unpaid for a period of 14 days after notice has been given to the licensee that it is outstanding; or 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2239

15.4 if the licensee is a body corporate, any of the 18. Severance following occur: If any term or condition of this licence should be for any 15.4.1 the licensee is unable to pay its debts as and reason unlawful, void, invalid or unenforceable then the offending when they fall due or is otherwise insolvent; term or condition shall be severed from this licence without 15.4.2 an order is made for the winding up or affecting the validity or enforceability of the remainder of this liquidation of the licensee; licence. Modification 15.4.3 the licensee enters into a scheme of 19. arrangement, compromise, moratorium or No variation of or addition to any provision of this licence other form of composition with its creditors shall be binding upon the Minister and the licensee unless such or any class of its creditors; variation or addition is made in writing, signed by both the 15.4.4 a receiver, a manager or a receiver and Minister and the licensee and expressed to be either supplemental manager, a company administrator or other to or in substitution for the whole or a part of this licence. insolvency administrator is appointed to the 20. Waiver licensee; or 20.1 A waiver of any provision of this licence by the 15.4.5 a mortgagee, chargee or other encum- Minister must both be in writing and be signed by the brancee is appointed over or takes Minister or by persons duly authorised to execute such possession of or appoints an agent to take a document on the Minister’s part. possession of all or any of the licensee’s 20.2 No waiver by the Minister of a breach of a term or assets; or condition contained in this licence shall operate as a 15.5 if the licensee is an individual, the licensee: waiver of any breach of the same or any other term 15.5.1 becomes bankrupt or assigns its estate or or condition contained in this licence. enters into a deed of arrangement or other 20.3 No forbearance, delay or indulgence by the Minister form of composition for the benefit of the in enforcing the provisions of this licence shall licensee’s creditors; or prejudice or restrict the rights of the Minister. 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 vice versa; person duly authorised in that regard by the 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 (a) natural person and vice versa; if delivered, upon delivery; (b) 16.4 a reference to a recital, party, clause, Schedule or 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 22.1.3 must obtain the written consent of the Manager, SASQAP, prior to making any of the fish farmed at the site and specified in Item 1.1 of Schedule 2, available for human consumption. 2240 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

Granted on behalf of the Minister by Director of Fisheries, Item 1.1¾Fish subject to SASQAP testing delegate of the Minister, on 2 November 1999. Mussels, Blue (Mytilus edulis) G. R. MORGAN, Director of Fisheries Item 2¾Permitted Farming Methods The licensee hereby acknowledges and agrees to the terms and The Director of Fisheries has, pursuant to section 48G (2) of conditions of this licence. the Act, issued a permit to disturb the seabed for the purpose of The Common Seal of Cunningham Fishing Nominees Pty Ltd installing the structures specified in this Schedule. was hereunto affixed in the presence of: Longlines (L.S.) P. B. CUNNINGHAM, Director Item 3¾Stocking Rates K. L. CUNNINGHAM, Witness Mussels SCHEDULE 1 Size (mm) Number per Hectare Item 1—The Site 3 30 000 000 Area applicable to this licence: 10 20 000 000 20 16 000 000 Licensed Area Licensed 30 13 000 000 Hectares 40 6 000 000 AGD 66—Zone 53 50 4 000 000 588284E 6167343N 20 60 2 000 000 588288E 6167842N 70 1 500 000 587888E 6167846N 80 1 000 000 587888E 6167347N 90 750 000 100 500 000 All structures, equipment, buoys and flotations (except for that required by the Department for Transport, Urban Planning and SCHEDULE 3 the Arts) must be black, dark grey, dark blue, dark brown, or dark Item 1—Fees green coloured materials. Annual licence fees are: The boundary of the site to be marked either with: $ (a) (1) At the corners with posts extending 900 mm above Base Licence Fee per hectare 20 at $57 each...... 1 140.00 mean high water springs. Such posts to be marked with a St Andrews cross, each cross arm measuring SASQAP (Under Classification) ...... 849.00 900 mm from tip to tip, minimum width 75 mm. Total Annual Licence Fee...... 1 989.00 (2) Posts to be not less than 125 mm in diameter. Quarterly Instalments...... 497.25 (3) Posts and crosses to be painted yellow. Item 2—Public Risk Insurance (4) The ends of each cross to be marked with a Five million dollars ($5 000 000). 200 mm strip of yellow retro-reflective tape. SCHEDULE 4 (5) Between the corner posts at intervals not exceeding Returns 50 m, buoys not less than 300 mm in diameter. The licensee must submit the following information to the (6) All buoys, posts, crosses and markers must be Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 maintained in good condition. Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and or 31 July during the term of this licence: (b) (1) At each corner, yellow spar buoys with a St 1. Name of licensee. Andrews cross as a top mark placed at least 2. Address of licensee. 900 mm above the buoy, cross arms 900 mm long x 75 mm wide. 3. Species of fish farmed and held on the site. (2) The buoys and topmarks must all be coloured 4. Location of aquaculture operation. yellow and marked with a yellow retro-reflective as 5. Period covered by return. in (a) (4). 6. Number of life stage of each species of fish held. (3) All buoys, posts, crosses and markers must be maintained in good condition. 7. Number, weight and value of each species of fish held. When the site is in navigable water and possible danger to 8. Details of any disease detected in any fish kept. navigation, lights must be placed on the top of each St Andrews 9. Source (whether interstate or intrastate) of any stock cross that is located at each corner of the site and these lights acquired and date of acquisition (if relevant, include name must be yellow in colour and flashing once every 4 seconds and of authority that provided certification that stock was visible over an arc of 360 degrees for a distance of at least one free from disease). mile. 10. If any fish were brought into the state, the number of Item 2—Marked-Off Areas fish and the life stage of the fish. [Co-ordinates of developed areas within the site to be provided 11. If fish were brought into the state, the purpose for which by the licensee.] they were brought in. White buoys of at least 12 inches in diameter must be placed 12. Method of disposal of water and packaging use for around the whole of the perimeter of the developed areas within transporting the fish. the site at a distance of no less than 50 m from one another. 13. If any disease or symptom of disease occurred in the SCHEDULE 2 acquired fish. Item 1¾Permitted Species 14. Method of disposal of diseased or dead fish and the The Director of Fisheries has, pursuant to section 50 (2) of the number disposed of. Act, issued a permit for the release of the fish specified in this 15. Signature, date and telephone number. Schedule. 16. Use of any chemicals for fish husbandry—type of Mussels, Blue (Mytilus edulis) chemical and quantity used, purpose and date of use. 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2241

FISHERIES ACT 1982: SECTION 48G (2) FISHERIES ACT 1982: SECTION 59 TAKE notice that pursuant to section 48G (2) of the Fisheries TAKE notice that, pursuant to section 59 of the Fisheries Act Act 1982, I hereby authorise K. L. Cunningham, 3/10 Southpoint 1982, Branko Sarunic, P.O. Box 993, Port Lincoln, S.A. 5606, or Drive, Port Lincoln, S.A. 5606 (hereinafter referred to as the the nominated replacement approved by the Director of Fisheries ‘permit holder’) to disturb the seabed of the site specified in Item (hereinafter referred to as the ‘fisher’) is exempt from section 41 1 of the Schedule for the purpose only of installing the structures of the Fisheries Act 1982, subject to the conditions contained in specified in Item 2 of the Schedule in accordance with Marine Schedule 1 in that they shall not be guilty of an offence when Mollusc Farming Licence Number FM00318, (such structures not using a fine mesh purse seine net as described in Schedule 2 for the to be installed on the seabed itself) for the period commencing 1 taking of pilchards (Sardinops neopilchardus) and other species July 1999 and ending upon the expiration or earlier termination within the Families Clupeidae and Engraulididae (hereinafter of Marine Mollusc Farming Licence Number FM00318, issued referred to as the ‘permitted species’) for the purpose of trade or pursuant to section 53 of the Fisheries Act 1982. business in marine waters of South Australia as described in Schedule 3 as Area A and Area B (hereinafter referred to as the SCHEDULE 1 ‘permitted activity’). Item 1—Location Co-ordinates SCHEDULE 1 Licensed Area Licensed Hectares 1. The fisher may engage in the permitted activity from the AGD 66—Zone 53 date of gazettal of this notice until 30 November 1999, or until revoked by the Director of Fisheries. 588284E 6167343N 20 588288E 6167842N 2. This exemption is valid only in respect of the fishing vessel 587888E 6167846N Lidia C (hereinafter referred to as the ‘permitted boat’) registered 587888E 6167347N on the fisher’s Marine Scalefish Fishery Licence No. M354. Item 2—Structures to be installed 3. The fisher must be on board the permitted boat at all times while the boat is being used for the purpose of engaging in the Longlines permitted activity. Dated 2 November 1999. 4. Whilst using a nominated master to take pilchards pursuant G. R. MORGAN, Director of Fisheries to this notice, no other fishing activity shall be undertaken by the licence holder pursuant to Marine Scalefish Fishery Licence No. M354. FISHERIES ACT 1982: SECTION 50 (2) 5. Whilst engaged in the permitted activity the fisher shall not TAKE notice that pursuant to section 50 (2) of the Fisheries Act use any of the devices registered on the fisher’s Marine Scalefish 1982, I hereby authorise K. L. Cunningham, 3/10 Southpoint Fishery Licence. Drive, Port Lincoln, S.A. 5606 (hereinafter referred to as the ‘permit holder’) to engage in the activities and to do the acts 6. The fisher must not take or be in possession of any other specified in Schedule 1, subject to the conditions specified in species of fish, other than the permitted species, while engaging Schedule 2 from the date of this permit ending upon the in the permitted activity. expiration or earlier termination of Licence Number FM00318. 7. Any fish, which are not permitted species, taken as by-catch SCHEDULE 1 by the fisher during the permitted activity must be immediately returned to the water. The importation and release of Pacific Oysters, (Crassostrea gigas) within the waters defined by the following co-ordinates: 8. The fisher shall not, during the period 1 January 1999 to 30 November 1999, take a quantity of permitted species which Licensed Area Licensed exceeds their quota of 43.45 units at 7.712 tonnes per unit Hectares (which is equal to 335.09 tonnes). AGD 66—Zone 53 588284E 6167343N 20 9. The fisher may with the prior approval of the Director of 588288E 6167842N Fisheries transfer uncaught units of quota during the period of this 587888E 6167846N notice. 587888E 6167347N 10. Fish taken pursuant to this notice as the result of a transfer SCHEDULE 2 of quota must be taken in the area as described (and disposed of as described) in the permit conditions of the holder of the initial 1. Fish obtained within So uth Australia for use in the fish farm allocation. shall only be obtained from registered fish farmers, licensed fishers or other persons approved by the Director of Fisheries. 11. The fisher may transfer catch taken pursuant to this notice to a carrier boat at sea subject to nominating the boats in 2. The permit holder shall not import any live fish (ova, fry or advance. adult) into South Australia unless the shipment has certification from an appropriate authority in the State from which they are 12. The fisher may nominate no more than two carrier boats obtained that they are free from all relevant notifiable diseases at any one time. Notification of boat name must be provided to listed in Schedule 4 or the Fisheries (Exotic Fish, Fish Farming the person or agency responsible for conducting quota monitoring and Fish Diseases) Regulations 1984. operations. 3. Any oysters brought into South Australia must undergo a 13. Where the fisher transfers all or part of their catch to a soakage process whereby they are completely submerged in fresh carrier boat that portion of the catch must be accompanied by a water for a period of not less than 2 hours before being placed in South Australian Pilchard Fishery Log Book, completed as the approved structures. Fresh water is deemed to be water required by condition 16 of this notice. suitable for human consumption or horticultural or agricultural 14. The fisher must notify the person nominated for quota use. monitoring, by telephone, of the intended place of any unloading 4. The permit holder shall not contravene or fail to comply and the estimated weight of the catch at least one hour prior to with the Fisheries Act 1982, or any regulations made under the the unloading taking place. Act, except where specifically permitted by this notice. 15. The fisher must provide the person nominated for quota 5. The permit holder must retain the copy of this permit which monitoring with reasonable access to boats and vehicles for the has been supplied by the Director of Fisheries, and if requested by purpose of enabling inspection of the catch and any record a Fisheries and Aquaculture Officer, produce that permit for relating to the South Australian Pilchard Fishery Log Book inspection. required to be completed under this notice. Dated 2 November 1999. G. R. MORGAN, Director of Fisheries 2242 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

16. The fisher must complete the South Australian Pilchard 19. The fisher must complete a monthly return within 14 days Fishery Log Book as described below: of the end of the previous month and forward it to SARDI. This (a) Unloading to a shore based processing plant: return must be completed regardless of whether the fisher took fish or not, i.e. nil returns are required. (i) The fisher shall complete all columns of the South Australian Pilchard Fishery Log Book up to 20. While engaged in the permitted activity the fisher must: but (a) have in their possession the copy of this notice with not including the column titled PILCHARD which the Director of Fisheries has supplied them; and TONNAGE CAUGHT. (b) produce that notice to a Fisheries Officer forthwith, if The fish can then be dispatched to the shore based processing and when a Fisheries Officer requests them to produce plant. It is the responsibility of the fisher to make certain that all it. fish are accurately weighed within 24 hours of the consignment to 21. The fisher shall not contravene or fail to comply with the the processor: Fisheries Act 1982, or any regulations made under that Act, (ii) The fisher shall upon being notified by the except where specifically exempted by this notice. processor of the total weight of fish unloaded SCHEDULE 2 complete the columns headed, PILCHARD TONNAGE CAUGHT, OTHER SPECIES, In waters described as Area A: one purse seine net having a TONNAGE CAUGHT (This refers to other maximum length of 600 m, a maximum depth of 100 m and a species) and REMARKS. mesh size of between 16 mm and 20 mm. For any unloading, if fishing has taken place on more than one In waters described as Area B: one purse seine net having a day then this should be noted and the verified weight split as close mesh size of between 16 mm and 20 mm. as possible to reflect the actual quantities taken on each day of SCHEDULE 3 fishing. For the purposes of this notice, Area A is defined as: (b) Unloading at sea or direct to a tuna cage: Coastal waters within 3 nautical miles of high water mark or The fisher shall complete all columns of the South within 3 nautical miles to seaward of the base lines and bay Australian Pilchard Fishery Log Book immediately after closure lines described in Table 1. capture and include an estimated tonnage in the column marked PILCHARD TONNAGE CAUGHT. For the purposes of this notice, Area B is defined as: The estimated tonnage should be based on a recorded Coastal waters more than 3 nautical miles to seaward of high number of boxes of a certain capacity (weight) filled. water mark or more than 3 nautical miles to seaward of the 17. The fisher then shall either by facsimile or in person base lines and bay closure lines described in Table 1. deliver the completed (South Australian Pilchard Fishery Log Dated 27 October 1999. Book) form to the person nominated for quota monitoring within 48 hours of the unloading. W. ZACHARIN, Principal Fisheries Manager 18. The fisher must provide regular samples of the permitted species for research analysis and assist in any other South Australian Research and Development Institute (SARDI) sponsored pilchard fishery research program as required by the Chief Scientist, Aquatic Sciences, SARDI.

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 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2243

REGULATIONS UNDER THE ROAD TRAFFIC ACT 1961 No. 216 of 1999 At the Executive Council Office at Adelaide 4 November 1999

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

E. J. NEAL Governor

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

DIANA LAIDLAW Minister for Transport and Urban Planning SUMMARY OF PROVISIONS 1. Citation 2. Commencement 3. Amendment of Fifth Schedule Citation 1. The Road Traffic Regulations 1996 (see Gazette 29 August 1996 p. 888), as varied, are referred to in these regulations as "the principal regulations".

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

Amendment of Fifth Schedule 3. The Fifth Schedule of the principal regulations is amended—

(a) by inserting "these" before "regulations " in the heading "Alleged offences against regulations:";

(b) by inserting "of these regulations " after "against reg. 11.01" in the heading "Alleged offences against reg. 11.01 constituted of alleged contravention or failure to comply with—";

(c) by inserting at the end of the Schedule the following heading and items:

Alleged offences against Road Traffic (Driving Hours) Regulations 1999:

reg. 19(2) ...... $160 reg. 20(2) ...... $160 reg. 21(2) ...... $160 reg. 21(3) ...... $160 reg. 28(3) ...... $160 reg. 29(2) ...... $160 reg. 30(3) ...... $160 reg. 39 ...... $160 reg. 129(1) ...... $160

TSA 6169/98 CS SUZANNE M. CARMAN Clerk of the Council 2244 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999 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 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2245

CITY OF CHARLES STURT CITY OF PLAYFORD Declaration of Public Road DEVELOPMENT ACT 1993 NOTICE is hereby given that council at its meeting held on 25 City of Playford (Munno Para (City) Development Plan)— October 1999, resolved pursuant to section 303 of the Local Horticultural Industry Plan Amendment Report— Government Act 1934, as amended, that Lot 17 in Deposited Draft for Public Consultation Plan 52832 be a public road and named North Parade, Royal NOTICE is hereby given that the City of Playford has prepared a Park. draft Plan Amendment Report to amend the Munno Para (City) S. LAW, Chief Executive Officer Development Plan as it affects Virginia, Angle Vale and surrounding horticulture areas to the south of the Gawler River, north of Salisbury/Playford Council boundary, and west of Heaslip Road. CITY OF NORWOOD, PAYNEHAM AND ST PETERS The Plan Amendment Report will amend the Munno Para Temporary Road Closures (City) Development Plan by introducing the following changes: NOTICE is hereby given that the City of Norwood, Payneham • additional policies and policy areas in the Horticulture and St Peters at its meeting held on 11 October 1999, hereby Zone that guide the relative location of development, resolves under section 359 (1) of the Local Government Act address interface issues, and provide for horticulture related 1934, as amended, that the vehicles specified in Item 1 of the industrial and commercial development; Schedule be excluded from the streets, roads or public places specified in Item 2 of the Schedule (inclusive of the intersections) • a new Industry (Virginia) Zone; of the streets, roads or public places listed in Column A of Item 2 • a number of additional policies in the council wide section with the respective streets, roads or public places listed in Column of the Development Plan. B of Item 2 for the date and period specified in Item 3 of the The draft Plan Amendment Report and statement will be Schedule. available for public inspection and purchase during normal office SCHEDULE hours at the following locations from 3 November 1999 to 10 Item 1: Vehicles Excluded January 2000: All vehicles which are not participants in the • Elizabeth Customer Service Centre, 3 Windsor Square, Norwood Christmas Pageant. Elizabeth; Item 2: Streets/Roads • Smithfield Customer Service Centre, Warooka Drive, Smithfield; Column A Column B • Elizabeth Library, 1 Prince Charles Walk, Elizabeth; The Parade Sydenham Road to Portrush Road Florence Street Woods Street to Sydenham Road • Smithfield Library, Warooka Drive, Smithfield; Beyer Street Woods Street to Sydenham Road • Virginia Horticulture Centre, Old Port Wakefield Road, Woods Street The Parade to Beulah Road Virginia. Osmond Terrace The Parade to Magill Road Edward Street The Parade to Magill Road A copy of the Plan Amendment Report can be purchased from Edward Street The Parade to William Street the Elizabeth and Smithfield Customer Service Centres at $5 George Street The Parade to Magill Road each. George Street The Parade to William Street Written submissions regarding the draft amendment will be Queen Street The Parade to Magill Road accepted by the City of Playford until 5.30 p.m. on Monday, 10 Queen Street The Parade to William Street January 2000. The written submission should also clearly indicate Henry Street Portrush Road to Queen Street whether you will wish to speak at the public hearing on your Percival Street Portrush Road to Queen Street submission. Beulah Road Queen Street to Osmond Terrace Beulah Road Osmond Terrace to Sydenham All submissions should be addressed to: Road Policy Planner Item 3: Saturday, 4 December 1999 from 9.30 a.m. until City of Playford 12.30 p.m. Warooka Drive Smithfield, S.A. 5114 M. BARONE, Chief Executive Officer Copies of all submissions received will be available for inspection by interested persons at the Smithfield Customer Service Centre from Tuesday, 11 January 2000 until Tuesday, 18 CITY OF PLAYFORD January 2000. Declaration of Public Road A public hearing will be held at 7.30 p.m. on Tuesday, 18 January 2000 at the Virginia Horticulture Centre, Old Port NOTICE is hereby given that the City of Playford hereby Wakefield Road, Virginia. declares that portion of land known as Lot 101 in Deposited Plan 53248 be declared as public road and to be known as Taylor Road. The public hearing may not be held if no submission indicates an interest in speaking at the public hearing. T. R. S. JACKSON, Chief Executive Officer Dated 3 November 1999. T. JACKSON, Chief Executive Officer 2246 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

CITY OF SALISBURY DISTRICT COUNCIL OF GRANT Declaration of Public Road Roads (Opening and Closing) Act 1991 NOTICE is hereby given that pursuant to section 303 (1) of the NOTICE is hereby given that pursuant to section 10 of the Roads Local Government Act 1934, as amended, the City of Salisbury (Opening and Closing) Act 1991, the District Council of Grant resolved at its meeting held on 25 October 1999, to declare intends to implement a Road Process Order to close as road Mawson Road, Salisbury running between Park Terrace and Brown portion of public road, Hundred of MacDonnell and merge with Terrace, shown in GRO 83/1857 as public road. the adjoining section 708 held in Certificate of Title Volume 5644, folio 24 in the name of Edwin Frank Millard more S. HAINS, City Manager particularly delineated and lettered ‘A’ on Preliminary Plan No. PP32/0500. CITY OF WEST TORRENS A statement of persons affected by the Road Process Order, ROADS (OPENING AND CLOSING) ACT 1991 together with a copy of the above drawing is available for inspection at the Council Offices (Commercial Street West, Re-advertised Mount Gambier), between the hours of 9 a.m. and 5 p.m. NOTICE is hereby given that the public road known as Reid weekdays only. Copies may also be inspected at the Adelaide Avenue, Ashford and marked ‘A’ on the Preliminary Plan No. office of the Surveyor-General during normal office hours. PP32/0359 is to be closed. The closed road is to be merged with Any person who may wish to object to the proposed Road Allotment 51 in Deposited Plan 47758. Process Order or any person affected by the proposed road The preliminary plan and associated statements prepared closing who may wish to apply for an easement to be granted in pursuant to section 9 of the Roads (Opening and Closing) Act that person’s favour over the land subject to the proposed road 1991, are available for examination to the public at the office of closing must lodge with the said council a notice of objection or the City of West Torrens, 165 Burbridge Road, Hilton, S.A. 5033 an application for an easement within 28 days of the date of this and at the Adelaide office of the Surveyor-General, 101 Grenfell notice. Street, Adelaide, S.A. 5000, during normal office hours. Any objections lodged shall be in writing giving the objector’s Any person who wishes to object to this proposal may lodge a full name and address, reasons for the objection and whether the written objection to the City of West Torrens, 165 Burbridge objector wishes to appear in person or be represented at the Road, Hilton, S.A. 5033 and a copy forwarded to the Surveyor- subsequent meeting when the objection will be determined by General, 101 Grenfell Street, Adelaide, S.A. 5000, within 28 days council. A copy of such objection shall also be forwarded to the of the date of this notice. Any objectors must include their full Surveyor-General, G.P.O. Box 1354, Adelaide, S.A. 5001. name and address, stating their reasons for objecting and stating An application for grant of easement shall be in writing giving whether or not they wish to make submissions to the full name and address of the person applying for the grant, full Development Assessment Commission at a meeting convened to details of the nature of the location of the requested easement, consider such objections. whether it will be in favour of the owner of the adjoining or Any land owner adjoining or other person substantially affected nearby land, and if so, specify the land to which the easement will by the closure may apply for an easement over all or part of the be annexed and reasons for the application for grant of easement. proposed road closure. Such application shall be in writing to the Dated 4 November 1999. City of West Torrens, 165 Burbridge Road, Hilton, S.A. 5033 and a copy must be forwarded to the office of the Surveyor-General, R. PEATE, District Manager 101 Grenfell Street, Adelaide, S.A. 5000, within 28 days of the date of this notice. The applicants must include their full name and address giving particulars of the nature and location of the DISTRICT COUNCIL OF LACEPEDE easement being applied for, specifying the land to which the Change of Meeting Date easement is to be annexed and stating the reasons for the NOTICE is hereby given that the next ordinary meeting of application for easement. council will be held on Friday, 12 November 1999, commencing Dated 4 November 1999. at 9.30 a.m., in lieu of the meeting which was scheduled to be held on Friday, 19 November 1999. T. STARR, City Manager S. J. RUFUS, Chief Executive Officer CITY OF WEST TORRENS DISTRICT COUNCIL OF ROBE DECLARATION OF PUBLIC ROADS Erratum Temporary Road Closures THE notice appearing in the Government Gazette at page 218 on NOTICE is hereby given that Mundy Terrace between Bagot 8 July 1999, is amended by deleting the words certificate of title Street and Davenport Street, and Bagot Street between Mundy volume 3058, folio 81 in the fourth line and inserting in lieu Terrace and Smillie Street will be closed from 1 p.m. on Friday, thereof, certificate of title volume 2702, folio 97, being 26 November 1999 to 10 a.m. on Monday, 29 November 1999, allotments 139, 140 and 141. and Smillie Street between Mundy Terrace and Bagot Street will be closed from 10 a.m. to 5 p.m. on Saturday, 27 November 1999 T. M. STARR, City Manager and 10 a.m. to 3 p.m. on Sunday, 28 November 1999 for the Robe Village Fair. Mundy Terrace between Bagot Street and Davenport Street will be closed from 5 p.m. to 10 p.m. on ALEXANDRINA COUNCIL Sunday, 19 December 1999, for the Robe Christmas Pageant. Temporary Road Closure R. J. KAY, District Clerk NOTICE is hereby given that in accordance with section 359 of the Local Government Act 1934, as amended, The Strand, Port Elliot from Henry Street to Freeling Street, and Young Street DISTRICT COUNCIL OF TATIARA from The Strand to Strangways Terrace, be closed on Thursday, Resignation of Councillor 11 November 1999, from 10.15 a.m. to 11.15 a.m. for the purpose of the Remembrance Day ceremony. NOTICE is hereby given that pursuant to the provisions of section 48 of the Local Government Act 1934, as amended, as a J. COOMBE, Chief Executive Officer result of the resignation of Councillor Rodney Keith Walladge, effective from 1 November 1999, a vacancy has occurred in the position of Councillor for West Ward. J. STEPHENS, Chief Executive Officer 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2247

DISTRICT COUNCIL OF TATIARA DISTRICT COUNCIL OF YORKE PENINSULA Supplementary Election Declaration of Public Road NOTICE is hereby given that nominations are invited and will be NOTICE is hereby given that council at its meeting held on received at the office of the District Council of Tatiara, located 1 November 1999, resolved that pursuant to section 301 (1) (c) at 43 Woolshed Street, Bordertown from Thursday, 4 November of the Local Government Act 1934, as amended: 1999 until 12 noon on Thursday, 25 November 1999 from any (1) Allotment 21 in Deposited Plan 53215 being portion of person eligible to be a candidate for election to the vacancy of land comprised in certificate of title register volume Councillor to represent West Ward of the District Council of 628, folio 118, being transferred to the District Council Tatiara. of Yorke Peninsula from Kingsley Dean Clift, be Candidate profiles, if submitted, will be required by the accepted by the council as public road, and is hereby Returning Officer by close of nominations. Nomination forms declared to be public road; and information kits are available from the office of the District (2) Allotment 22 in Deposited Plan 53215 being portion of Council of Tatiara located at Bordertown. land comprised in certificate of title register volume If more than the required number of nominations are received 2423, folio 129, being transferred to the District an election will be conducted entirely by postal ballot with the Council of Yorke Peninsula from Philip James Biltner, return of the ballot papers to reach the Returning Officer no later be accepted by the council as public road, and is hereby than 6 p.m. on Tuesday, 21 December 1999. declared to be public road; S. H. TULLY, Returning Officer (3) Allotment 23 in Deposited Plan 53215 being portion of land comprised in certificate of title register volume 5394, folio 466, being transferred to the District WATTLE RANGE COUNCIL Council of Yorke Peninsula from Yakannodo Pty Ltd ROADS (OPENING AND CLOSING) ACT 1991 (ACN 077 258 621), be accepted by the council as public road, and is hereby declared to be public road; Adjacent McIntyre Road, west of Millicent (4) Allotment 24 in Deposited Plan 53215 being portion of PURSUANT to section 10 of the Roads (Opening and Closing) land comprised in certificate of title register volume Act 1991, The Wattle Range Council hereby gives notice of its 752, folio 53, being transferred to the District Council intent to implement a Road Process Order to close and transfer of Yorke Peninsula from Graeme Rodney Biltner, be to Culberra Lake Pty Ltd the whole of the public road between accepted by the council as public road, and is hereby Aberle Road and McIntyre Road adjoining Allotment 599 in Filed declared to be public road. Plan 191971 shown delineated as ‘A’ on Preliminary Plan No. PP32/0504. R. A. WOOD, Chief Executive Officer A statement of persons affected by the road process order, together with a copy of the above drawing is available for IN the matter of the estates of the undermentioned deceased inspection at the Council Offices, George Street, Millicent, persons: between the hours of 9 a.m. and 5 p.m. weekdays only. Copies Bakker, Ruby Maria may also be inspected at the Adelaide office of the Surveyor- , late of 53 Swanport Road, Murray Bridge, General during normal office hours. of no occupation, who died on 3 August 1999. Brendler, Stephanie, late of 390 Burbridge Road, Brooklyn Any person who may wish to object to the proposed road Park, home duties, who died on 23 September 1999. process order or any person affected by the proposed road closure Bruce, William, late of 17 Patrick Street, Athelstone, retired who may wish to apply for an easement to be granted in that storeman, who died on 21 September 1999. person’s favour over the land subject to the proposed road closure Cobbledick, Alice Mary, late of 160 Walkerville Terrace, must lodge with the said council a notice of objection or an Walkerville, of no occupation, who died on 6 September application for an easement within 28 days of the date of this 1999. notice. Cooke, Margaret, late of 34 High Street, South Brighton, of no Any objections lodged shall be in writing giving the objector’s occupation, who died on 20 August 1999. full name and address, reasons for the objection and whether the Cousins, Walter Leo, late of 10 Wigley Street, Largs Bay, objector wishes to appear in person or be represented at the retired railway employee, who died on 26 August 1999. subsequent meeting when the objection will be determined by Dawson, Sheila, late of 39 Sussex Street, Warradale, widow, council. A copy of such objection shall also be forwarded to the who died on 17 September 1999. Surveyor-General, G.P.O. Box 1354, Adelaide, S.A. 5001. Ellis, May, late of 342 Marion Road, North Plympton, of no occupation, who died on 22 August 1999. An application for grant of easement shall be in writing giving Gates, Leslie Redfern, late of 26 Tantanoola Access Road, full name and address of the person applying for the grant, full Tantanoola, retired school teacher, who died on 10 details of the nature of the location of the requested easement, September 1999. whether it will be in favour of the owner of the adjoining or Harley, Jennifer Rhonda, late of Grand Junction Road, Oakden, nearby land and if so specify the land to which the easement will of no occupation, who died on 10 July 1999. be annexed and reasons for the application for grant of easement. Harvy, Dorothy Mabel, late of 80 Moseley Street, Glenelg Dated 4 November 1999. South, of no occupation, who died on 29 August 1999. Jachimiak, John Alexander, late of 103 Fisher Street, F. BRENNAN, Chief Executive Officer Fullarton, retired telecommunications linesman, who died on 5 September 1999. Kalleske, Ida Rosemary, late of 7 William Street, Clarence DISTRICT COUNCIL OF YANKALILLA Park, widow, who died on 8 October 1999. Change of Meeting Times Lampe, Kenneth Albert Arthur, late of Old Coach Road, Aldinga, retired accountant, who died on 10 September NOTICE is hereby given that council at a meeting held on 15 1999. October 1999, resolved to dispense with the council meeting due Medlin, Shirley Anne Pauline, late of 17 Hill Street, to be held at 9 a.m. on Friday, 19 November 1999. Kingswood, of no occupation, who died on 3 October The council further resolved that the council meeting due to be 1999. held on 16 November 1999, will commence at 6 p.m. in lieu of Mills, Clarence, late of 7 Lancelot Drive, Daw Park, retired 7.30 p.m. metal machinist, who died on 6 September 1999. Nestrom, Oliver Louis, late of 7 Partridge Street, Goolwa, M. DAVIS, Chief Executive Officer retired senior technical officer, who died on 29 August 1999. 2248 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999

Pepper, Henry Edward Melvin, late of Main Coast Road, CREATIVE INVESTMENT HOLDINGS PTY LTD Ardrossan, retired electrician, who died on 15 August (ACN 070 099 866) 1999. Schulz, Allan Raymond, late of Glencoe, retired farmer, who MAXIMA TRAINING GROUP INC. has brought a summons in died on 29 September 1999. Action No. 1248 of 1999 in the Supreme Court of South Sinclair, Jack Loveland, late of 51 Eve Road, Bellevue Heights, Australia seeking the winding up of Creative Investment Holdings retired pastry cook, who died on 13 July 1999. Pty Ltd. The summons is listed for hearing on 16 November Tregeagle, Frances Grace, late of 8 Mine Street, Kadina, 1999 at not before 2.15 p.m. Any creditor or contributory of widow, who died on 17 October 1999. Creative Investment Holdings Pty Ltd wishing to be heard on the Wilkinson, Shirley, late of 1162 North East Road, St Agnes, summons must file and serve a notice in accordance with Rule 20 retired nursing sister, who died on 15 September 1999. of the Corporations (South Australia) Rules 1993, at least three business days before the day on which the summons is listed for Notice is hereby given pursuant to the Trustee Act 1936, as hearing and must attend at the Supreme Courthouse, Victoria amended, the Inheritance (Family Provision) Act 1972, and the Square, Adelaide at the time set for the hearing of the summons. Family Relationships Act 1975, that all creditors, beneficiaries, A copy of the summons and the affidavit in support can be and other persons having claims against the said estates are obtained on payment of the proper costs from Robinson Gerard required to send, in writing, to the Public Trustee, 25 Franklin & Co., 120 Hutt Street, Adelaide, S.A. 5000, solicitors for the Street, Adelaide 5000, full particulars and proof of such claims, plaintiff. on or before 3 December 1999, otherwise they will be excluded from the distribution of the said estate; and notice is also hereby 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 NULLABOR CREATIONS PTY LTD proceedings will be taken for the recovery thereof; and all persons having any property belonging to the said estates are (ACN 073 690 061) forthwith to deliver the same to the Public Trustee. ADELAIDE SPECTRUM LABELS PTY LTD (ACN 054 867 Dated 4 November 1999. 695) has brought a summons in Action No. 1261 of 1999 in the Supreme Court of South Australia seeking the winding up of J. H. WORRALL, Public Trustee Nullabor Creations Pty Ltd. The summons is listed for hearing on 7 December 1999 at not before 2.15 p.m. Any creditor or contributory of Nullabor Creations Pty Ltd wishing to be heard on the summons must file and serve a notice in accordance with SOUTH AUSTRALIA—In the Supreme Court. No. 60 of 1997. Rule 20 of the Corporations (South Australia) Rules 1993, at least In the matter of Care Bear Cleaning Service Pty Ltd (in three business days before the day on which the summons is listed liquidation) (ACN 052 467 651) and in the matter of the for hearing and must attend at the Supreme Courthouse, Victoria Corporations Law. Square, Adelaide at the time set for the hearing of the summons. Notice of Release of Liquidator and Dissolution of the Company A copy of the summons and the affidavit in support can be Take notice that by order of the Supreme Court of South obtained on payment of the proper costs from Robinson Gerard Australia dated 22 October 1999, I, Bruce James Carter of Ferrier & Co., 120 Hutt Street, Adelaide, S.A. 5000, solicitors for the Hodgson, Level 5, 81 Flinders Street, Adelaide, S.A. 5000, the plaintiff. liquidator of the abovenamed company, was granted my release as liquidator and the company was dissolved. Dated 27 October 1999. NICHE PROJECTS PTY LTD B. J. CARTER, Liquidator (ACN 070 487 571) ON 2 November 1999 the Supreme Court of South Australia in Action No. 1193 of 1999 made an order for the winding up of Niche Projects Pty Ltd and appointed Alan Geoffrey Scott, Level CORDES CORPORATION PTY LTD 6, 81 Flinders Street, Adelaide, S.A. 5000 to be the liquidator of (ACN 008 014 837) that company. SOUTHWEB PRINTING PTY LTD (ACN 051 748 139) has MARSHALLS, Level 2, 81 Flinders Street, brought a summons in Action No. 1250 of 1999, in the Supreme Adelaide, S.A. 5000 Court of South Australia seeking the winding up of Cordes Corporation Pty Ltd. The summons is listed for hearing on 16 November 1999 at not before 2.15 p.m. Any creditor or contributory of Cordes Corporation Pty Ltd wishing to be heard S. & T. REINFORCING PTY LTD on the summons must file and serve a notice in accordance with (ACN 007 932 505) Rule 20 of the Corporations (South Australia) Rules 1993, at least three business days before the day on which the summons is listed WORKERS REHABILITATION AND COMPENSATION for hearing and must attend at the Supreme Courthouse, Victoria CORPORATION has brought a summons in Action No. 1262 of Square, Adelaide at the time set for the hearing of the summons. 1999 in the Supreme Court of South Australia seeking the winding A copy of the summons and the affidavit in support can be up of S. & T. Reinforcing Pty Ltd. The summons is listed for obtained on payment of the proper costs from Robinson Gerard hearing on Tuesday, 7 December 1999, at not before 2.15 p.m. & Co., 120 Hutt Street, Adelaide, S.A. 5000, solicitors for the Any creditor or contributory of S. & T. Reinforcing Pty Ltd plaintiff. wishing to be heard on the summons must file and serve a Notice in accordance with Rule 20 of the Corporations (South Australia) Rules 1993 at least three business days before the day on which the summons is listed for hearing and must attend at the Supreme Courthouse, Victoria Square, Adelaide, at the time set for the hearing of the summons. A copy of the summons and the affidavit in support can be obtained on payment of the proper costs from Barratt Lindquist, 162 Halifax Street, Adelaide, S.A. 5000, solicitors for the plaintiff. 4 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2249

SKYRUNNERS INTERNATIONAL PTY LTD (ACN 083 185 853) DACENT PTY LTD trading as Andrew Waterman Wholesales has brought a summons in Action No. 1279 of 1999 in the Supreme Court of South Australia seeking the winding up of Skyrunners International Pty Ltd. The summons is listed for hearing on Tuesday, 7 December 1999 at not before 2.30 p.m. Any creditor or contributory of Skyrunners International Pty Ltd wishing to be heard on the summons must file and serve a notice in accordance with Rule 20 of the Corporations (South Australia) Rules 1993 at least three business days before the day on which the summons is listed for hearing and must attend at the Supreme Courthouse, Victoria Square, Adelaide at the time set for the hearing of the summons. A copy of the summons and the affidavit in support can be obtained on payment of the proper cost from Marshalls, Level 2, 81 Flinders Street, Adelaide, S.A. 5000.

TEMALO PTY LTD (ACN 070 032 030) MESSENGER PRESS PTY LTD (ACN 007 563 439) has brought a summons in Action No. 1259 of 1999, in the Supreme Court of South Australia seeking the winding up of Temalo Pty Ltd. The summons is listed for hearing on 7 December 1999 at not before 2.15 p.m. Any creditor or contributory of Temalo Pty Ltd wishing to be heard on the summons must file and serve a notice in accordance with Rule 20 of the Corporations (South Australia) Rules 1993, at least three business days before the day on which the summons is listed for hearing and must attend at the Supreme Courthouse, Victoria Square, Adelaide at the time set for the hearing of the summons. A copy of the summons and affidavit in support can be obtained on payment of the proper cost from Leni Palk, 253 Flinders Street, Adelaide, S.A. 5000, solicitor for the plaintiff.

WESTBIRD HOLDINGS PTY LTD (ACN 075 089 995) BRIDGESTONE AUSTRALIA LTD (ACN 007 516 841) has brought a summons in Action No. 1249 of 1999 in the Supreme Court of South Australia seeking the winding up of Westbird Holdings Pty Ltd. The summons is listed for hearing on 16 November 1999 at not before 2.15 p.m. Any creditor or contributory of Westbird Holdings Pty Ltd wishing to be heard on the summons must file and serve a notice in accordance with Rule 20 of the Corporations (South Australia) Rules 1993, at least three business days before the day on which the summons is listed for hearing and must attend at the Supreme Courthouse, Victoria Square, Adelaide at the time set for the hearing of the summons. A copy of the summons and the affidavit in support can be obtained on payment of the proper costs from Robinson Gerard & Co., 120 Hutt Street, Adelaide, S.A. 5000, solicitors for the plaintiff.

PARTNERSHIP ACT 1891 Dissolution of Partnership TAKE notice that from 29 October 1999, the partnership of Brian Wehrs, 68 Williamson Road, Para Hills, S.A. 5096 and Mark Samuel Altree, 102 Main Street, Beverley, S.A. 5009, who traded as Pure Air Conditioning and Refrigeration was dissolved. We hereby state that neither party will be responsible for all the debts and liabilities thereof. BRIAN WEHRS MARK ALTREE 2250 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [4 November 1999 ATTENTION

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