No. 60 2501

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, 13 MAY 1999

CONTENTS Page Page Appointments, Resignations, Etc...... 2502 Liquor Licensing Act 1997—Notices...... 2564 Associations Incorporation Act 1985—Notice...... 2503 Private Advertisements...... 2609 Co-operatives Act 1997—Notice...... 2503 Proclamations...... 2502 Corporations and District Councils—Notices...... 2606 Public Trustee Office—Administration of Estates...... 2608 Crown Lands Act 1929—Notices...... 2503 REGULATION Development Act 1993—Notice...... 2504 Road Traffic Act 1961 (No. 35 of 1999)...... 2602 Fisheries Act 1982—Notices...... 2504 Roads (Opening and Closing) Act 1991—Notices...... 2567 Gaming Machines Act 1992—Notice...... 2561 Treasury and Finance—Notice...... 2568 Government Land Sale—Notice...... 2564 Valuation of Land Act 1971—Notice...... 2568 Irrigation Act 1994—Notice...... 2566 Vocational Education, Employment and Training Act Legal Practitioners Act 1981—Rules...... 2570 1994—Contracts of Training ...... 2595

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. 2502 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

CRIMINAL LAW CONSOLIDATION (JURIES) AMEND- 2. By proclamation made pursuant to the Mining Act 1971 on MENT ACT 1999 (Act No. 16 of 1999): DAY OF 23 September 1993 (see Gazette 23 September 1993 p. 1290) the COMMENCEMENT following land was excluded from that reservation: Proclamation By The Governor Section 397, Hundred of Dudley. (L.S.) E. J. NEAL 3. It is now intended that that land again be reserved from certain provisions of the Mining Act 1971 and be reserved from WITH the advice and consent of the Executive Council, I fix 16 certain provisions of the Opal Mining Act 1995. May 1999 as the day on which the Criminal Law Consolidation (Juries) Amendment Act 1999 will come into operation. Proclamation Given under my hand and the Public Seal of South Australia, at PURSUANT to section 8(2) of the Mining Act 1971 and section Adelaide, 13 May 1999. 4(1) of the Opal Mining Act 1995 and with the advice and consent of the Executive Council, I: By command, (a) vary the proclamation referred to in clause 1 of the IAIN EVANS, for Premier preamble by striking out from paragraph A of the AG 66/94CS schedule the following subparagraph: (iv) Section 397, Hundred of Dudley; (b) reserve from the operation of Parts 2 and 3 of the Opal EMERGENCY SERVICES FUNDING ACT 1998 (Act No. 63 of the following land: 1998): DAY OF COMMENCEMENT Mining Act 1995 Section 397, Hundred of Dudley. Proclamation By The Governor Given under my hand and the Public Seal of South Australia, at (L.S.) E. J. NEAL Adelaide, 13 May 1999. WITH the advice and consent of the Executive Council, I fix: By command, (a) 13 May 1999 as the day on which sections 1, 2, 10, 23, IAIN EVANS, for Premier 24 and 25 of the Emergency Services Funding Act 1998 MPNR 15/99CS will come into operation; and (b) 30 June 1999 as the day on which the remaining provisions of that Act will come into operation. STATUTES AMENDMENT (RESTRAINING ORDERS) ACT 1999 (Act No. 24 of 1999): DAY OF COMMENCEMENT Given under my hand and the Public Seal of South Australia, at Adelaide, 13 May 1999. Proclamation By The Governor By command, (L.S.) E. J. NEAL IAIN EVANS, for Premier WITH the advice and consent of the Executive Council, I fix 16 May 1999 as the day on which the Statutes Amendment MES 8/99CS (Restraining Orders) Act 1999 will come into operation. Given under my hand and the Public Seal of South Australia, at HIGHWAYS ACT 1926 SECTION 27AA: CLOSURE OF Adelaide, 13 May 1999. PORTION OF PUBLIC (POOCHERA ACCESS) ROAD, By command, HUNDRED OF KARCULTABY IAIN EVANS, for Premier Proclamation By The Governor AG 10/97CS (L.S.) E. J. NEAL PURSUANT to section 27AA of the Highways Act 1926, on the STATUTES AMENDMENT (SENTENCING— recommendation of the Commissioner of Highways made MISCELLANEOUS) ACT 1999 (Act No. 13 of 1999): DAY OF pursuant to that section and with the advice and consent of the COMMENCEMENT Executive Council, I close the portion of the Public (Poochera Access) Road delineated as allotment 9 in Lands Titles Proclamation By The Governor Registration Office File Plan No. 40831. (L.S.) E. J. NEAL Given under my hand and the Public Seal of South Australia, at WITH the advice and consent of the Executive Council, I fix 16 Adelaide, 13 May 1999. May 1999 as the day on which the Statutes Amendment will come into operation. By command, (Sentencing Miscellaneous) Act 1999 Given under my hand and the Public Seal of South Australia, at IAIN EVANS, for Premier Adelaide, 13 May 1999. TSA 5583/98CS By command, IAIN EVANS, for Premier MINING ACT 1971 SECTION 8(2); OPAL MINING ACT 1995 AG 11/93CS SECTION 4(1): HUNDRED OF DUDLEY¾VARIATION OF PROCLAMATION RESERVING LAND FROM OPERATION OF CERTAIN PROVISIONS OF MINING Department of the Premier and Cabinet ACT 1971; RESERVATION OF LAND FROM Adelaide, 13 May 1999 OPERATION OF CERTAIN PROVISIONS OF OPAL HIS Excellency the Governor in Executive Council has been MINING ACT 1995 pleased to appoint the undermentioned to the Martindale Hall Proclamation By The Governor Conservation Trust, pursuant to the provisions of the National Parks and Wildlife Act 1972: (L.S.) E. J. NEAL Member: (from 13 May 1999 until 12 May 2001) Preamble Hamish Alexander Elder Gosse 1. By proclamation made pursuant to the Mining Act 1971 on Simon Tonkin 19 April 1973 (see Gazette 19 April 1973 p. 1777, fourth Martin Lindsay Brine appearing), as varied, certain land along the coast of the State of Patricia Joan Jacka South Australia is reserved from the operation of certain Susan Shannon provisions of the . Mining Act 1971 By command, IAIN EVANS, for Premier MEH 18/99CS 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2503

Department of the Premier and Cabinet Taylor, Sharon Jane of Para Vista Adelaide, 13 May 1999 Thomson, Peter Mark of Norwood THE Council recommends His Excellency to appoint the Trevaskis, Linda Dianne of Crafers West following as panel members for a period of three years from 13 Van Dyk, Jane McCrae of Coromandel Valley May 1999, for the purposes of section 37 of the Police Wanganeen, Leslie Norman of Rosewater (Complaints and Disciplinary Proceedings) Act 1985, pursuant to Washington, Dorothy Marguerite of Upper Sturt section 37 (5) of the Police (Complaints and Disciplinary Will, Perry Alan of Thevenard Proceedings) Act 1985: Williams, Craig Gordon of Modbury North Williams, Robynne Anne of Tranmere Kelvin John Prescott, SM Wilson, John Allen of Salisbury Heights Jacynth Elizabeth Sanders, SM Wright, Wendy Edith of Stirling North Richard Henry Kleinig, SM Young, Susan Estelle of Gawler Belt Ruth Francis Hayes, SM By command, By command, IAIN EVANS, for Premier IAIN EVANS, for Premier ATTG 20/93CS ATTG 11/99CS ASSOCIATIONS INCORPORATION ACT 1985 Department of the Premier and Cabinet Adelaide, 13 May 1999 Deregistration of Associations THE Council recommends His Excellency to add the following to NOTICE is hereby given that the Corporate Affairs Commission the Commission of Justice of the Peace for South Australia: will deregister the associations named below in accordance with the application received from the associations, pursuant to Allen, Neil Wayne of Callington section 43A of the Associations Incorporation Act 1985. Arboit, Melissa Marie of Salisbury Deregistration will take effect on the date of publication of this Baxendale, William of Evanston notice: Beare, Jeffrey Eric of Henley Beach Bell, Leslie Allan of Valley View Buckleboo Hall Inc. Berlangieri, Tony of Highbury Community Health Standards Council of S.A. Inc. Block, David Charles of Surrey Downs Goolwa Golf Club Inc. Boemia, David Bruce of Reynella Keswick Barracks Family Support Committee Inc. Brain, Christopher Jason of Sheidow Park Paving Industry Association Inc. Brown, Tess Bernadette of St Peters Whyalla Saturday Club for Gifted Children Inc. Bruce, Jonathon Frederick of Brooklyn Park A. J. GRIFFITHS, A delegate of the Corporate Burgess, John Anthony of Angle Vale Affairs Commission Carbone, Marie of Glenunga Cottle, Janis Lesley of Grange D’Alessandro, Anna Maria of Torrensville CO-OPERATIVES ACT 1997 Dalkos, Terry Peter of Tusmore Notice of Deregistration of Defunct Co-operative Davies, Tracey Michelle of Mile End Dodd, Garth of Parkside PURSUANT to subsection 601AA (4) of the Corporations Law Faulkner, Kevin Patrick of Kingston Park as adopted by section 311 of the Co-operatives Act 1997, the Feist, Elizabeth Louise of Port Lincoln Corporate Affairs Commission gives notice that the co-operative Ford, Therese Ananda of Hallett Cove referred to in the Schedule will be deregistered when two months Foreman, Denise Mary of Kingston SE have passed since the publication of this notice. Gentilcore, Silvana of Paradise SCHEDULE Gillespie, Carolyn Louise of North Adelaide Giuliani, Leo of Torrensville Megachile Co-operative Limited. Gray, Ian Neil of Colonel Light Gardens Given at Adelaide, 7 May 1999. Harris, Leah Kaye of Tanunda Hewett, Hamish of Salisbury Downs A. J. GRIFFITHS, A delegate of the Corporate Hoffman, Stephen Paul of Sheidow Park Affairs Commission Jones, Rodney Howard of Berri Kent, Robert William of Campbelltown Kirkbright, Trevor James of Semaphore Park CROWN LANDS ACT 1929: SECTION 5 Knox, Christine Vera of Whyalla TAKE NOTICE that pursuant to the Crown Lands Act 1929, I Koznedelev, John Ivan Peter of Rosewater PETER MACLAREN KENTISH, Surveyor-General and Delegate Leane, Cathy Lorraine of Plympton appointed by DOROTHY KOTZ, Minister for Environment and Lipsys, Julianne Gail of Willaston Heritage, Minister of the Crown to whom the administration of Little, Darren James of Aberfoyle Park the Crown Lands Act 1929 is committed DO HEREBY dedicate Martin, Kevin John of Collinswood the Crown Land defined in The Schedule as a Community McGlen, Ian Christopher of Morphett Vale Purposes Reserve and declare that such land shall be under the McCann, Frank James of Kanmantoo care, control and management of the Mount Gambier Community McKenzie, Karyn June of Peterborough House Incorporated, subject to the following condition: that no Mulligan, Christine Mary of Athelstone dealing affecting the land shall be undertaken without the prior Murphy, Antony William of Rostrevor written approval of the Minister for Human Services. Nancarrow, Leanne Toni of Flinders Park The Schedule Nayda, Carolyn Margaret of Cowandilla Nelson, David Peter of Prospect Allotment 51 of DP 50403, Hundred of Blanche, County of O’Neil, Frances Ann of Ridgehaven Grey, exclusive of all necessary roads. Park, Anthony John of Banksia Park Dated 10 May 1999. Portella, Silvia Leticia of Findon Quast, Brunetta of Salisbury P. M. KENTISH, Surveyor-General Richards, Renee Jane of South Plympton DENR 17/0496 Smith, Geoffrey Robert Nisbet of Windsor Gardens Sparreboom, Allyson Irene of Woodville South Stegmeyer, Kym Berend of Highbury Sutton, David Charles of Old Noarlunga 2504 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

CROWN LANDS ACT 1929: SECTION 5 FISHERIES ACT 1982: SECTION 43 TAKE NOTICE that pursuant to the Crown Lands Act 1929, I TAKE notice that it is hereby declared that it shall be unlawful PETER MACLAREN KENTISH, Surveyor-General and Delegate for any person to engage in the class of fishing activity specified appointed by DOROTHY KOTZ, Minister for Environment and in Schedule 1 during the periods specified in Schedule 2. Heritage, Minister of the Crown to whom the administration of SCHEDULE 1 the Crown Lands Act 1929 is committed DO HEREBY: The act of taking or the act preparatory to or involved in the 1. Resume the lands defined in The First Schedule. taking of western king prawn (Penaeus latisulcatus) in all waters 2. Dedicate the Crown Land defined in The Second Schedule as of Gulf St Vincent between 0630 hours and 1800 hours. a Public Road. SCHEDULE 2 3. Dedicate the Crown Land defined in The Third Schedule as a 11 May 1999 to 23 May 1999. Vehicle Parking Reserve and declare that such land shall be under the care, control and management of the District Dated 7 May 1999. Council of Barunga West. W. ZACHARIN, Principal Manager, Shellfish 4. Dedicate the Crown Land defined in The Fourth Schedule as a V0005/99 Public Recreation Reserve and declare that such land shall be under the care, control and management of the District Council of Barunga West. FISHERIES ACT 1982: SECTION 43 The First Schedule TAKE note that the notice number V0004/99 made under section 43 of the Fisheries Act 1982, and published in the Government 1.1 Parking Reserve, section 1016, Hundred of Mundoora, Gazette, page 1649, dated 8 April 1999, being the third notice on County of Daly, the proclamation of which was published in that page, which refers to the Gulf St Vincent prawn fishery is the Government Gazette of 16 March 1978 at page 881, The revoked as of 1800 hours on 10 May 1999. First Schedule, being the whole of the land comprised in Crown Record Volume 5542 Folio 287. Dated 7 May 1999. 1.2 Public Recreation Reserve, allotment 1 of DP 33705, W. ZACHARIN, Principal Manager, Shellfish Hundred of Mundoora, County of Daly, the notice of which R0012/99 was published in the Government Gazette of 18 June 1992 at page 1768, The Second Schedule, being the whole of the land comprised in Crown Record Volume 5519 Folio 969. FISHERIES ACT 1982: SECTION 43 The Second Schedule TAKE notice that it is hereby declared that it shall be unlawful for any person to engage in the class of fishing activity specified Allotment 7 of DP 50577, Hundred of Mundoora, County of in Schedule 1 during the periods specified in Schedule 2. Daly, being within the district of Barunga West. SCHEDULE 1 The Third Schedule The act of taking or the act preparatory to or involved in the Allotment 8 of DP 50577, Hundred of Mundoora, County of taking of western king prawn (Penaeus latisulcatus) in all waters Daly, exclusive of all necessary roads. of Gulf St Vincent. The Fourth Schedule SCHEDULE 2 Allotment 9 of DP 50577, Hundred of Mundoora, County of 0630 hours on 24 May 1999 to 2400 hours on 31 December Daly, exclusive of all necessary roads. 1999. Dated 10 May 1999. Dated 7 May 1999. P. M. KENTISH, Surveyor-General DENR 10/0025 W. ZACHARIN, Principal Manager, Shellfish V0006/99 DEVELOPMENT ACT 1993, SECTION 27 (1): THE BAROSSA COUNCIL—BAROSSA (DC)—RURAL LIVING PLAN FISHERIES ACT 1982: SECTION 43 AMENDMENT TAKE note that the notice number P0022/99 made under section Preamble 43 of the Fisheries Act 1982, dated 20 April 1999 and published The Minister for Transport and Urban Planning has approved in the Government Gazette, page 2180, dated 22 April 1999, the amendment entitled ‘The Barossa Council—Barossa (DC)— being the fifth notice on that page, which refers to the Spencer Rural Living Plan Amendment’ (the Plan Amendment) and has Gulf prawn fishery is revoked as of 1830 hours on 11 May 1999. referred it to the Governor. Dated 10 May 1999. NOTICE W. ZACHARIN, Principal Manager, Shellfish PURSUANT to section 27 (1) of the Development Act 1993, I, R0013/99 the Governor with the advice and consent of the Executive Council, declare the Plan Amendment to be an authorised Plan Amendment and fix 13 May 1999, as the day on which it will FISHERIES ACT 1982: SECTION 43 come into operation. TAKE notice that it is hereby declared that it shall be unlawful Dated 13 May 1999. for any person to engage in the class of fishing activity specified E. J. NEAL, Governor in Schedule 1 during the periods specified in Schedule 2. MTUP-PL 12/99CS SCHEDULE 1 The act of taking or the act preparatory to or involved in the taking of western king prawn (Penaeus latisulcatus) in waters of Spencer Gulf north of a line commencing at position latitude 33°38.50¢S, longitude 137°14.00¢E, then to position latitude 33°38.50¢S, longitude 137°53.00¢E. SCHEDULE 2 1830 hours on 11 May 1999 to 0630 hours on 14 May 1999. Dated 10 May 1999. W. ZACHARIN, Principal Manager, Shellfish P0023/99 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2505

FISHERIES ACT 1982: SECTION 43 Dated 10 May 1999. TAKE notice that it is hereby declared that it shall be unlawful W. ZACHARIN, Principal Manager, Shellfish for any person to engage in the class of fishing activity specified P0027/99 in Schedule 1 during the periods specified in Schedule 2. SCHEDULE 1 FISHERIES ACT 1982: SECTION 43 The act of taking or the act preparatory to or involved in the taking of western king prawn (Penaeus latisulcatus) in all waters TAKE notice that it is hereby declared that it shall be unlawful of Spencer Gulf. for any person to engage in the class of fishing activity specified in Schedule 1 during the periods specified in Schedule 2. SCHEDULE 2 SCHEDULE 1 0630 hours on 14 May 1999 to 2359 hours on 15 May 1999. The act of taking or the act preparatory to or involved in the Dated 10 May 1999. taking of western king prawn (Penaeus latisulcatus) in all waters W. ZACHARIN, Principal Manager, Shellfish of the Spencer Gulf prawn fishery between 0630 hours and 1830 P0025/99 hours. SCHEDULE 2 FISHERIES ACT 1982: SECTION 43 12 May 1999 to 13 May 1999. 16 May 1999 to 23 May 1999. TAKE notice that it is hereby declared that it shall be unlawful for any person to engage in the class of fishing activity specified Dated 10 May 1999. in Schedule 1 during the periods specified in Schedule 2. W. ZACHARIN, Principal Manager, Shellfish SCHEDULE 1 P0028/99 The act of taking or the act preparatory to or involved in the taking of western king prawn (Penaeus latisulcatus) in waters of Spencer Gulf bounded by a line commencing at position latitude FISHERIES ACT 1982: SECTION 43 33°57.00¢S, longitude 136°33.00¢E, then to position latitude TAKE notice that it is hereby declared that it shall be unlawful 34°05.00¢S, longitude 136°45.00¢E, then to position latitude for any person to engage in the class of fishing activity specified 34°15.00¢S, longitude 136°45.00¢E, then to position latitude in Schedule 1 during the periods specified in Schedule 2. 34°15.00¢S, longitude 136°57.50¢E, then to position latitude 34°04.00¢S, longitude 137°23.50¢E, then to position latitude SCHEDULE 1 33°41.00¢S, longitude 137°10.00¢E, then to the point of The act of taking or the act preparatory to or involved in the commencement. taking of western king prawn (Penaeus latisulcatus) in all waters SCHEDULE 2 of Spencer Gulf. 1830 hours on 11 May 1999 to 0630 hours on 21 May 1999. SCHEDULE 2 Dated 10 May 1999. 0630 hours on 24 May 1999 to 2400 hours on 31 December 1999. W. ZACHARIN, Principal Manager, Shellfish Dated 10 May 1999. P0024/99 W. ZACHARIN, Principal Manager, Shellfish P0029/99 FISHERIES ACT 1982: SECTION 43 TAKE notice that it is hereby declared that it shall be unlawful for any person to engage in the class of fishing activity specified FISHERIES ACT 1982: SECTION 59 in Schedule 1 during the periods specified in Schedule 2. TAKE notice that pursuant to section 59 of the Fisheries Act SCHEDULE 1 1982, Alistair Wood (hereinafter referred to as the ‘permit holder’), 17 Hillview Road, Victor Harbor, S.A. 5211, is exempt The act of taking or the act preparatory to or involved in the from the Fisheries Act 1982, insofar as he may take up to 10 taking of western king prawn (Penaeus latisulcatus) in waters of Mulloway (Argyrosomus hololepidotus) for the purpose of Spencer Gulf south of a line commencing at position latitude aquaculture broodstock in the waters specified in Schedule 1, using 33°41.00¢S, longitude 137°10.00¢E, then to position latitude the gear specified in Schedule 2, subject to the conditions in 34°04.00¢S, longitude 137°23.50¢E, then to position latitude Schedule 3 (hereinafter referred to as the ‘permitted activity’) 34°04.00¢S, longitude 137°34.00¢E. from the date of gazettal of this notice until 31 May 1999. SCHEDULE 2 SCHEDULE 1 2359 hours on 15 May 1999 to 0630 hours on 21 May 1999. The waters contained in the navigation lock of the Goolwa Dated 10 May 1999. Barrage. W. ZACHARIN, Principal Manager, Shellfish SCHEDULE 2 P0026/99 One hauling net with a maximum length of 30 m, maximum depth of 4 m and a maximum mesh size of 14 cm. SCHEDULE 3 FISHERIES ACT 1982: SECTION 43 1. All mulloway (Argyrosomus hololepidotus) taken pursuant TAKE notice that it is hereby declared that it shall be unlawful to this notice must be transferred to an employee of the South for any person to engage in the class of fishing activity specified Australian Research and Development Institute (SARDI). in Schedule 1 during the periods specified in Schedule 2. 2. The permit holder shall notify the PIRSA Fisheries and SCHEDULE 1 Aquaculture Compliance Unit on 1800 065 522 at least 24 hours The act of taking or the act preparatory to or involved in the prior to conducting the permitted activity with the following taking of western king prawn (Penaeus latisulcatus) in waters of information: Spencer Gulf bounded by a line commencing at position latitude (a) details of the boat (if any) that will be used to engage in 33°57.00¢S, longitude 136°33.00¢E, then to position latitude the permitted activity; 34°05.00¢S, longitude 136°45.00¢E, then to position latitude 34°15.00¢S, longitude 136°45.00¢E, then to position latitude (b) the name of the person who will be conducting the 34°15.00¢S, longitude 136°57.50¢E, then to position latitude permitted activity; 34°04.00¢S, longitude 137°23.50¢E, then to position latitude (c) the intended place and time of conducting the permitted 34°04.00¢S, longitude 137°34.00¢E, then to the point of activity. commencement. 3. The permit holder shall provide a written report to the SCHEDULE 2 Director of Fisheries with details of the number of mulloway 1830 hours on 21 May 1999 to 0630 hours on 24 May 1999. (Argyrosomus hololepidotus) taken pursuant to this notice 2506 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

(including mortalities) for each day on which the permitted FISHERIES ACT 1982: SECTION 59 activity is conducted, within 14 days of the expiry of this notice. TAKE notice that pursuant to section 59 of the Fisheries Act 4. PIRSA Fisheries and Aquaculture retains the right for a 1982, Dr Joseph R. Bidwell or persons acting as his agents Departmental Officer to accompany the fisher at any time during (hereinafter referred to as the ‘permit holder’) from the School the permitted activity. of Pharmacy and Medical Sciences, University of South Australia, 5. While engaged in the permitted activity the permit holder North Terrace, Adelaide, S.A. 5000, are exempt from the shall carry or have about or near his person a copy of this notice. provisions of Regulations 23 and 23A, Clause 63D of Schedule 1 Such notice must be produced to a PIRSA Fisheries and of the Fisheries (General) Regulations 1984, and the Fisheries Act Aquaculture Compliance Officer upon request. (Aquatic Reserves) Regulations 1989, to engage in the activities specified in Schedule 1 (hereinafter referred to as the ‘permitted 6. The permit holder shall not contravene or fail to comply activity’), subject to the conditions set out in Schedule 2 from the with the Fisheries Act 1982, or any regulations made under that date of gazettal of this notice until 31 December 1999. Act, except where specifically exempted by this notice. SCHEDULE 1 Dated 30 April 1999. D. MACKIE, Manager, Legislation and Policy The collection of 50 kelp plants (Ecklonia radiata), 20 sea urchins (Heliocidaris sp.), 20 polychaete worms (Galeolaria caespitosa), 20 mussels (Mytilus, Xenostrobus sp.), 20 scallops FISHERIES ACT 1982: SECTION 59 (Pectin alba) and 20 abalone (Haliotis sp.) (including abalone below the minimum legal size limit) from marine waters of South TAKE notice that pursuant to section 59 of the Fisheries Act Australia, including intertidal ‘rocky’ reefs and aquatic reserves. 1982, Pang Quong or his agents (hereinafter referred to as the ‘permit holder’) of Ascidian Aquarium Systems, 46 Osborne SCHEDULE 2 Street, Williamstown, Vic. 3016, is exempt from the Fisheries Act 1982, but only insofar as the permit holder shall not be guilty 1. No more than the specified number of each of the species in of an offence when taking and possessing one egg-bearing male Schedule 1 are to be collected during the term of this permit. leafy sea dragon (Phycodorus eques) (hereinafter referred to as 2. The specimens collected by the permit holder are for the ‘permitted activity’) subject to the conditions specified in scientific and research purposes only and may not be sold. Schedule 1 from South Australian coastal marine waters from the date of this notice until 30 March 2000). 3. Collections undertaken in aquatic reserves and intertidal ‘rocky’ reef areas must be undertaken with due consideration of SCHEDULE 1 other members of the public already in the area. 1. The egg-bearing male leafy sea dragon (Phycodorus eques) taken pursuant to this notice must be returned to the water as 4. The permit holder must provide a report to the Director of near as practicable to the area of collection once the eggs have Fisheries showing date of collection, species collected and number been released. of all species caught within 14 days of the completion of the permit period. 2. The permit holder shall provide a written report with details of each collection trip and also the details of the return of the 5. The permit holder shall not contravene or fail to comply leafy sea dragon to the area of collection to the Director of with the Fisheries Act 1982, or any regulations made under that Fisheries at the completion of the permitted activity. Act, except where specifically exempted by this notice. 3. At least 24 hours prior to engaging in the permitted activity, 6. While engaging in the permitted activity, the permit holder the permit holder must contact the PIRSA Fisheries and must be in possession of a copy of this notice. Such notice must Aquaculture Compliance Unit on 1800 065 522 with the follow- be produced to a PIRSA Fisheries and Aquaculture Compliance ing information: Officer if such an officer requests that it be produced. (a) the name of the person who will be conducting the 7. Before collecting any specimens pursuant to this notice, the permitted activity; permit holder must advise PIRSA Fisheries and Aquaculture on (b) the intended location for conducting the permitted 1800 065 522 with details of the proposed locations and the activity; dates on which the collections are to be made. (c) the method of conducting the permitted activity; and Dated 6 May 1999. (d) if using a boat to conduct the permitted activity, the D. MACKIE, Manager, Legislation and Policy description of the boat and the intended area of launching and retrieval. 4. Whilst engaged in the permitted activity the permit holder FISHERIES ACT 1982: SECTION 59 must be in possession of a copy of this notice. Such notice must be produced to a PIRSA Fisheries and Aquaculture Compliance TAKE notice that the notice made under the Fisheries Act 1982, Officer upon request. dated 28 August 1998 referring to the taking of undersized 5. The permit holder shall not contravene or fail to comply blacklip abalone and published in the Government Gazette of 28 with the Fisheries Act 1982, or any regulations made under that August 1999 at page 769 (such notice being the second notice Act, except where specifically exempted by this notice. appearing on that page) is revoked. Dated 5 May 1999. Dated 7 May 1999. D. MACKIE, Manager, Legislation and Policy D. MACKIE, Manager, Legislation and Policy 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2507

FISHERIES ACT 1982: SECTION 59 5. The fishers must notify the PIRSA Fisheries and Aquaculture TAKE notice that subject to section 59 of the Fisheries Act Compliance Unit on 1800 244 317 prior to engaging in the 1982, those holders of a licence issued pursuant to the Scheme of permitted activity wit the following information: Management (Abalone Fisheries) Regulations 1991 hereinafter (a) the name of the person making the call and the referred to as the ‘fishers’ or their registered masters are southern zone abalone fishery licence number; exempted from the privisions of regulations 23(2a) of the (b) (b) the name of the registered master who will be Fisheries (General) Regulations 1984 and from the notice made conducting the permitted activity on that day; under section 43 of the Fisheries Act 1982, on page 401 of the South Australian Government Gazette of 9 August 1997, such (c) the date on which the permitted activity will take place; notice being the first notice made on that page in that the fishers and shall not be guilty of an offence when taking undersized blackip (d) the designated area from Schedule 1 which is to be abalone (Haliotis rubra) (hereinafter referred to as the ‘permitted fished. activity’), from those waters described as area 1, area 2, area 3 and area 4 in Schedule 1 subject to the conditions specified in 6. In respect of blacklip abalone (Haliotis rubra), the fishers on Schedule 2 from 1 September 1998 until 31 August 1999. completion of the days fishing activity and before landing, must place all abalone within fish bins and tightly secure the supplied SCHEDULE 1 lids with supplied consecutively numbered tags. The total number Area 1: Those waters adjacent to the coast of Nene Valley of bins for that day and the number of the two tags placed on which are contained within a line commencing at the high water each bin shall be included on the CDR 1. After completing the mark at position latitude 37°59.3¢S, 140°30.7¢E then due south CDR 1 and within 50 m of landing the white and yellow copies of for approximately 2.9 nautical miles to position latitude the CDR 1 shall be secured in the supplied CDR 1 envelope and 30°02.4¢S, longitude 140°30.7¢E then generally south-east for attached to the bin with the highest numbered tag. approximately 2.7 nautical miles to position latitude 38°04.4¢S, 7. In respect of blacklip abalone (Haliotis rubra), the fisher longitude 140°34.2¢E then due north for approximately 2.6 must make a record in writing immediately at the conclusion of a nautical miles to high water mark at position latitude 38°01.4¢S, fishing trip and before the abalone are consigned to a registered longitude 140°34.2¢E then generally north-westerly following fish processor setting out details of the abalone taken during that high water mark back to the point of commencement. fishing trip. This record must be completed within 50 m of the Area 2: Those waters adjacent to the coast at Brown and point of landing of the catch and before the catch is consigned to Riddoch Bays which are contained between the meridians of a nominated processor and/or taken onto processor premises longitude 140°45¢E and longitude 140°55¢E extending seawards where such premises where such premises are within 50 m of the for 3 nautical miles from the high water mark. point of landing; or at the end of each day of fishing where the catch is not landed on that day. The details of such record shall be Area 3: Those waters of Ringwood Reed bounded by a line recorded on and be such as are sufficient to complete in triplicate commencing at latitude 37°31.95¢S longitude 140°01.3¢E then in a CDR 1 form. This CDR form in regard to blackip abalone is to a generally easterly direction to a point of latitude 37°31.95¢S be clearly marked ‘Fishdown’ and with the area as specified in longitude 140°02.6¢E then in a southerly direction to a point Schedule 1 in which the abalone were taken recorded. latitude 37°32.5¢E longitude 140°02.6¢E then in generally westerly direction to a point latitude 37°32.3¢S longitude 8. The fishers must, within 200 m of the point of landing, or at 140°01.3¢E then in a generally northerly direction to the point of the nearest public telephone if mobile service is unavailable, commencement. notify PIRSA Fisheries and Aquaculture on 1800 244 317 of the licence number, the name of the person making the call, the total Area 4: Those waters bounded by a line commencing at the number of bins of abalone taken that day, the consecutive tag high water mark on Rapid Point latitude 37°55.7¢S longitude numbers attached to those bins and the location and name of the 140°23.38¢E, then in a generally south-westerly direction to intended processor to which the abalone will be delivered. In the position latitude 37°56¢S longitude 140°21.5¢”E, then in a event of a broken tag, the licence holder must attach the broken generally south-easterly direction to position to position latitude tag to the next available tag and reseal the bin. The replacement 37°58.5¢S longitude 140°26¢E, then in a north easterly direction tag number must be recorded on the CDR 1 form and recorded as to Blackfellows Caves in latitude 37°57¢S longitude 140°28,2¢E, ‘replacement tag number’. then in a north-westerly direction back to the point of commencement. 9. All blacklip abalone (Haliotis rubra) taken shall be delivered to one of the registered fish processors detailed in Schedule 3 for SCHEDULE 2 weighing, within 24 hours of landing, within the State of South 1. Whilst engaged in the permitted activity, the fishers may Australia. only take blacklip abalone (Haliotis rubra) provided that it is not 10. The fisher shall not, during the period of this notice, take a less than 110 mm in length at its greatest dimension and greenlip combined quantity of blacklip abalone (Haliotis rubra) from areas abalone (Haliotis laevigata) provided that it is not less than 1, 3 and 4, as described in Schedule1, which exceeds 5 000 kg 130 mm in length at its greatest dimension. All abalone must be wholeweight. landed in the shell. 11. The fisher shall not, during the period of this notice take a 2. On any day the fisher engages in the permitted activity, no quantity of blacklip abalone from area 2, as described in Schedule other fishing activity may be conducted pursuant to that southern 1, which exceeds 1 000 kg wholeweight (in the shell). zone abalone fishery licence. 12. The quota of blacklip abalone (Haliotis rubra) allocated to 3. No more than one registered master may engage in the this notice is non-transferable. permitted activity on any one day. 13. The fisher shall not intentionally induce weight loss of 4. The permitted activity may only be conducted in one of abalone by any means. these areas defined in Schedule 1 unless a weight of less than 200 kg of quota remains to be taken. If less than 200 kg of quota 14. The fisher shall not contravene or fail to comply with the is left to be taken, the fisher may fish on any day in more than Fisheries Act 1982, or any other regulations made under that Act one area as defined in Schedule 1, subject to condition 5 of this except where specifically exempted by this notice. Schedule. A separate notification must be made for each area fished. 2508 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

15. Whilst engaged in the permitted activity the fisher must (d) the total number of fish bins received; have in their possession a copy of this notice and produce a copy the tag number attached to each bin; of the notice if required by a PIRSA Fisheries and Aquaculture (e) Compliance Officer. (f) the total accurate net and gross weight of each species; and SCHEDULE 3 the number of the completed CDR 1 form attached. FP0127 FP0125 (g) Pt Kelly Sou-West Seafoods Pty Ltd 4. When engaging in the permitted actvity pursuant to this Smiths Road P.O. Box 30 notice, the processor must wait for a minimum of 30 minutes Port Macdonnell, S.A. 5291 Port Fairy, Vic 3284 after notifying PIRSA Fisheries and Aquaculture before removing the numbered tag or lid from any fish bin or before processing the FP0171 FP0435 abalone or removing the abalone from the registered premises. Fairsea International Pty Ltd Moyston Court Fisheries Pty Ltd 5. The processor, whilst transporting abalone received from a Lot 58 Fairlane Drive Barton Place southern zone abalone fishery licence holder, or their registered Mount Gambier, S.A. 5290 Portland Vic 3305 master, shall not break or remove any numbered tags or lids from any fish bin containing abalone until reaching the nominated FP0005 FP0037 registered processing premises. Dover Fisheries Pty Ltd Craig Mostyn & Co Pty Ltd 23 Wilson Street Box 6050 Halifax Street 6. Where a processor is involved in collecting and transporting Royal Park, S.A. 5014 Adelaide, S.A. 5000 multiple consignments of abalone, the processor must notify PIRSA Fisheries and Aquaculture Unit on 1800 244 317 upon FP0382 taking consignment and wait 30 minutes at the collection point ADL Seafood Group prior to transporting the abalone to the nominated registered 15 Speedwell Street processing premises. Somerville, Vic 3912 7. The processor shall not contravene or fail to comply with Dated 7 May 1999. the Fisheries Act 1982 or any regulations made under that Act D. MACKIE, Manager, Legislation and Policy except where specifically exempted by this notice. 8. Whilst engaged in the permitted activity the processor must FISHERIES ACT 1982: SECTION 59 have in their possession a copy of this notice and produce a copy TAKE notice that, pursuant to Section 59 of the Fisheries Act of the notice if required by a PIRSA Fisheries and Aquaculture 1982, each of the registered fish processors specified in Schedule Compliance Officer. 1 (hereinafter referred to as the ‘processor’) is exempted from Dated 7 May 1999. the provisions of section 44, 2, of the Fisheries Act 1982, in (a) D. MACKIE, Manager, Legislation and Policy that the processor shall not be guilty of an offence when in possession of blacklip abalone (Haliotis rubra) above a minimum length of 110 mm (hereinafter referred to as the ‘permitted activity’), subject to the conditions specified in Schedule 2 from FISHERIES ACT 1982 this date of gazettal of this notice until 31 August 1999. SCHEDULE 1 MARINE MOLLUSC FARMING LICENCE FM00172 FP0127 FP0125 (PREVIOUS LICENCE NO. F1557) Pt Kelly Sou-West Seafoods Pty Ltd Licence to Farm Fish under section 53 of the Fisheries Smiths Road P.O. Box 30 Act 1982 Port Macdonnell, S.A. 5291 Port Fairy, Vic 3284 WHEREAS the Director of Fisheries has, pursuant to section FP0171 FP0435 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to Fairsea International Pty Ltd Moyston Court Fisheries Pty the undermentioned licensee to release the fish specified in Ltd Item 1 of Schedule 2 of this licence (‘the permitted species’) and, Lot 58 Fairlane Drive Barton Place pursuant to section 48G (2) of the Act, the Director of Fisheries Mount Gambier, S.A. 5290 Portland Vic 3305 has also issued a permit to disturb the seabed for the purpose of FP0005 FP0037 installing structures necessary for the licensed activity at the Dover Fisheries Pty Ltd Craig Mostyn & Co Pty Ltd undermentioned site, the Minister for Primary Industries, Natural 23 Wilson Street Box 6050 Halifax Street Resources and Regional Development (‘the Minister’) hereby Royal Park, S.A. 5014 Adelaide, S.A. 5000 grants to: FP0382 Bartolomeo Puglisi ADL Seafood Group 6 Prospect Road 15 Speedwell Street Port Lincoln, S.A. 5606, Somerville, Vic 3912 a non-exclusive licence to occupy and use the waters specified in SCHEDULE 2 Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of farming and taking the permitted species (‘the permitted use’) for 1. Whilst engaged in the permitted activity, the processor may the period commencing on 1 July 1998 and ending, subject to any only possess undersized abalone blacklip taken pursuant to a earlier termination under this licence, on 30 June 1999 (‘the licence issued pursuant to the Scheme of Management (Abalone term’) subject to the following terms and conditions: Fisheries) Regulations 1991. CONDITIONS OF THIS LICENCE 2. Whilst engaged in the permitted activity, the processor must 1. Licence weigh all abalone within the State of South Australia, immediately upon receival. The parties acknowledge and agree that: 3. The processor must notify the PIRSA Fisheries and 1.1 the rights, powers and privileges granted to or vested in Aquaculture Compliance Unit on 1800 244 317 when receiving the licensee under this licence are contractual only and undersized blacklip abalone and supply the following information: shall not create or vest in the licensee any estate, interest or right of a proprietary nature in the site; and (a) the name of the person making the call and the name and address of the processor; 1.2 that, subject to section 53A of the Fisheries Act 1982, this licence does not entitle the licensee to exclusive (b) the time and date of receival of the undersized blacklip rights of entry to and occupation of the site and that abalone; the rights granted by this licence are exercisable by the (c) the southern zone abalone fishery licence number from licensee in common with any other occupiers of the site which the abalone was received; from time to time. 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2509

2. Marked-off Areas 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 9.2.2 in the event that the Minister is satisfied, on marked-off or indicated in the manner set out in Item 2 of reasonable grounds, that the fish taken from the Schedule 1 of this licence. waters are not fit for human consumption or that 3. consumption of fish taken from the waters could Permitted Species present a danger to the health of the consumer, The licensee: 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 permitted use as directed within the notice. 3.2 must not take any wild fish from the site except for recreational purposes. 10. Public Risk Liability 4. Permitted Use The licensee must at all times indemnify the Minister, his officers, employees, contractors and agents from and against all The licensee must not use the site for any purpose other than claims, demands, actions, judgments, proceedings, damages, losses, the permitted use. costs, charges and expenses in respect of any loss of life, personal 5. Permitted Methods injury and/or damage to property caused or suffered in any manner in or about the site. The licensee: 11. Release 5.1 must not stock the permitted species at a rate greater than that specified in Schedule 2 of this licence; The licensee must use and keep the site at the risk in all things 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 5.3 must not use any chemical or drug for either therapeutic neglect on their part from all claims and demands of every kind or prophylactic purpose except with the prior approval resulting from any accident damage or injury to persons or of the Minister; property occurring at the site, including loss or damage to the licensee’s fixtures or personal property of the licensee. 5.4 must apply the permitted farming methods set out in Item 2 of Schedule 2 of this licence. 12. Public Risk Insurance 5.5 must conduct an environmental monitoring program as The licensee shall at its own cost and expense during the term set out in Schedule 5 of this licence. 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. Marking and Maintaining the Site names of the licensee and the Minister in which the limits of The licensee: public risk shall not be less than the amount specified in Item 2 of Schedule 3 of this licence, or such further amount as the Minister 6.1 must ensure that the site is maintained in a good, tidy may from time to time reasonably require, as the amount which and safe condition to the satisfaction of the Minister; may be paid out in respect of any one single claim and a policy of 6.2 must remove and lawfully dispose of any waste or debris insurance or copy thereof or a certificate of insurance shall be on the site as soon as is reasonably practicable and in produced by the licensee to the Minister on request in writing particular must comply with any guidelines issued from being made by the Minister for its production. time to time by the Minister in relation to the removal 13. from the site of any unhealthy or dead fish; Guarantee or Indemnity Scheme The licensee must either: 6.3 must maintain all buoys, crosses, and markers on the site in good condition and in accordance with the colours 13.1 provide a guarantee from its bankers; or specified in Schedule 1 of this licence; and 13.2 contribute to an indemnity scheme established for 6.4 must mark the site boundary in accordance with the the aquaculture and fisheries industry and approved by specifications in Schedule 1 of this licence. the Minister, 7. Site Inspection and Supervision 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 7.1 must at all times permit the Minister, his employees, obligations of the licensee to rehabilitate the site immediately agents or contractors or any employees, agents or prior to the expiration or sooner determination of the term of contractors of the Crown to enter the site for the this licence. Such guarantee or indemnity scheme must have purposes of inspecting the site, the sea floor and the effect from the date of commencement of the term. flora and fauna on or in the vicinity of the site; and 14. No Assignment 7.2 must comply with all reasonable directions of any such The licensee acknowledges that this licence is personal and it person authorised by the Director of Fisheries to inspect must not assign or sublet or deal in any other way with any the conduct of the licensee’s activities at the site. interest in this licence. 8. Fees and Returns 15. Default by Licensee and Termination The licensee: The Minister may terminate this licence immediately by notice 8.1 must pay to the Minister the licence fee in accordance in writing served on the licensee if: with Item l of Schedule 3 of this licence; 15.1 the licensee commits or permits any breach or 8.2 must on or before 31 January and 31 July during the default of the obligations imposed on the licensee by term, submit to the Minister a return supplying all of this licence, and following the giving by the Minister the information described in Schedule 4 of this licence. of written notice of such breach or default, the 9. licensee either fails to rectify such breach or default Compliance With Relevant Laws within one calendar month of the date of such notice 9.1 the licensee must at all times comply with all laws, by- (or earlier if the circumstances require) or fails to laws or regulations in force which relate to the site or make diligent progress towards rectifying any such the activities conducted in the site and with all notices, breach which is incapable of rectification within the orders or requirements lawfully given or made by any time so limited; or authority or authorities in respect of the site; 15.2 the licensee commits or permits any further breach 9.2 in particular, without derogating from the general or default of the obligations imposed on the licensee requirement under condition 9 of this licence: by this licence for which the Minister has previously 9.2.1 the licensee must not do or permit to be done in given notice in writing of such breach or default upon or about the site anything which in the pursuant to paragraph 1 of condition 15.1 notwith- opinion of the Minister would cause or contribute standing rectification of the previous breach or default; or 2510 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

15.3 the licence fee referred to in condition 8 is unpaid 17. Delegation for a period of 14 days after notice has been given to Any consent, notice, any consultation or any other thing the licensee that it is outstanding; or which is pursuant to the terms of this licence either required to be 15.4 if the licensee is a body corporate, any of the given, done or performed or which may be given, done or following occur: performed by the Minister may for the purposes of this licence be 15.4.1 the licensee is unable to pay its debts as and properly given, done or performed by any duly authorised agent when they fall due or is otherwise insolvent; or employee of the Minister. 15.4.2 an order is made for the winding up or 18. Severance liquidation of the licensee; If any term or condition of this licence should be for any 15.4.3 the licensee enters into a scheme of reason unlawful, void, invalid or unenforceable then the offending arrangement, compromise, moratorium or term or condition shall be severed from this licence without other form of composition with its creditors affecting the validity or enforceability of the remainder of this or any class of its creditors; licence. 15.4.4 a receiver, a manager or a receiver and 19. Modification manager, a company administrator or other No variation of or addition to any provision of this licence insolvency administrator is appointed to the shall be binding upon the Minister and the licensee unless such licensee; or variation or addition is made in writing, signed by both the 15.4.5 a mortgagee, chargee or other encum- Minister and the licensee and expressed to be either supplemental brancee is appointed over or takes to or in substitution for the whole or a part of this licence. possession of or appoints an agent to take 20. Waiver possession of all or any of the licensee’s 20.1 A waiver of any provision of this licence by the assets; or Minister must both be in writing and be signed by the 15.5 if the licensee is an individual, the licensee: Minister or by persons duly authorised to execute such 15.5.1 becomes bankrupt or assigns its estate or a document on the Minister’s part. enters into a deed of arrangement or other 20.2 No waiver by the Minister of a breach of a term or form of composition for the benefit of the condition contained in this licence shall operate as a licensee’s creditors; or waiver of any breach of the same or any other term 15.5.2 is convicted of an indictable offence. or condition contained in this licence. Termination of this licence by the Minister shall be 20.3 No forbearance, delay or indulgence by the Minister without prejudice to any rights, remedies or actions in enforcing the provisions of this licence shall that the Minister may have against the licensee in prejudice or restrict the rights of the Minister. respect of any antecedent breach by the licensee of 21. Notices the terms and conditions contained in this licence. 21.1 Notices may be served by delivering the same 16. Interpretation personally, by mail or facsimile transmission and shall Subject to any inconsistency of subject or context, the be: following rules of construction shall be used in the interpretation 21.1.1 in writing addressed to the Director of of this licence: Fisheries, PIRSA, 16th Floor, 25 Grenfell 16.1 any word importing the plural includes the singular Street, Adelaide, S.A. 5000 (in the case of and ; the Minister) and to the address of the vice versa licensee set out above (in the case of the 16.2 any wording importing a gender shall include all licensee); other genders; 21.1.2 signed by or on behalf of the sender or by a 16.3 a reference to a body corporate shall include a person duly authorised in that regard by the natural person and vice versa; sender; 16.4 a reference to a recital, party, clause, Schedule or 21.1.3 deemed to be duly served or made in the Annexure is a reference to a recital, party, clause, following circumstances: Schedule or Annexure of this licence; (a) if delivered, upon delivery; 16.5 the captions, headings, section numbers and clause numbers appearing in this licence are inserted only as (b) if sending by mail, upon posting; a matter of convenience and in no way affect the (c) if sent by facsimile transmission, upon construction of this licence; the sender’s facsimile producing a 16.6 a reference to a statute shall include all statutes transmission report that the facsimile amending, consolidating or replacing the statutes was satisfactorily sent in its entirety to referred to; the addressee’s facsimile number, 16.7 where two or more persons are named as licensees, but if delivery is not made before 5 p.m. on this licence shall bind the licensees jointly and each of any day it shall be deemed to be received at them severally; and 9 a.m. on the next day in that place. 16.8 time is of the essence in respect of any obligation 21.2 The Minister and the licensee may each vary their relating to time in this licence. address or facsimile number at any time by written notice. 22. SASQAP 22.1 The licensee: 22.1.1 must submit to the Manager, South Australian Shellfish Quality Assurance Program (‘SASQAP’) for testing such sample as the Manager, SASQAP requires of the fish farmed at the site and specified in Item 1.1 of Schedule 2; 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2511

22.1.2 must comply with all reasonable require- The Director of Fisheries has, pursuant to section 50 (2) of the ments of the Manager, SASQAP in relation Act, issued a permit for the release of the fish specified in this to such testing; and Schedule. 22.1.3 must obtain the written consent of the Blue Mussels (Mytilus edulis) Manager, SASQAP, prior to making any of the fish farmed at the site and specified in Item 1.1—Fish subject to SASQAP testing Item 1.1 of Schedule 2, available for human Blue Mussels (Mytilus edulis) consumption. Item 2¾Permitted Farming Methods Granted on behalf of the Minister by Director of Fisheries, The Director of Fisheries has, pursuant to section 48G (2) of delegate of the Minister, on 3 May 1999. the Act, issued a permit to disturb the seabed for the purpose of G. 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, Signed by the said B. PUGLISI, Director and each unit must be at least 6 m from any other unit. In the presence of M. COTTRELL, Witness Item 3¾Stocking Rates

SCHEDULE 1 Mussels Item 1—The Site Size (mm) Number per Hectare 3 30 000 000 Area applicable to this licence: 10 20 000 000 Licensed Area Licensed 20 16 000 000 Hectares 30 13 000 000 Zone 53 40 6 000 000 581800E 6165250N 135°53¢33² -34°39¢04² 5 50 4 000 000 582000E 6165250N 135°53¢41² -34°39¢04² 60 2 000 000 582000E 6165000N 135°53¢41² -34°39¢12² 70 1 500 000 581800E 6165000N 135°53¢33² -34°39¢12² 80 1 000 000 90 750 000 All structures, equipment, buoys and flotations (except for that 100 500 000 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: $ (a) (1) At the corners with posts extending 900 mm above SASQAP (Under Classfication) ...... 657.14 mean high water springs. Such posts to be marked Base Licence Fee ...... 328.00 with a St Andrews cross, each cross arm measuring Total Annual Licence Fee...... 985.14 900 mm from tip to tip, minimum width 75 mm. Item 2—Public Risk Insurance (2) Posts to be not less than 125 mm in diameter. Five million dollars ($5 000 000). (3) Posts and crosses to be painted yellow. SCHEDULE 4 (4) The ends of each cross to be marked with a 200 mm strip of yellow retro-reflective tape. Returns The licensee must submit the following information to the (5) Between the corner posts at intervals not exceeding Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 50 m, buoys not less than 300 mm in diameter. 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 3. Species of fish farmed and held on the site. Andrews cross as a top mark placed at least 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) At distances not exceeding 50 m between the 6. Number of life stage of each species of fish held. corner spar buoys, yellow spherical buoys not less than 300 mm in diameter. 7. Number, weight and value of each species of fish held. (3) The buoys and topmarks must all be coloured 8. Details of any disease detected in any fish kept. yellow and marked with a yellow retro-reflective as 9. Source (whether interstate or intrastate) of any stock in (a) (4). acquired and date of acquisition (if relevant, include name (4) All buoys, posts, crosses and markers must be of authority that provided certification that stock was maintained in good condition. free from disease). When the site is in navigable water and possible danger to 10. If any fish were brought into the state, the number of navigation, lights must be placed on the top of each St Andrews fish and the life stage of the fish. cross that is located at each corner of the site and these lights 11. If fish were brought into the state, the purpose for which must be yellow in colour and flashing once every 4 seconds and they were brought in. visible over an arc of 360 degrees for a distance of at least one mile. 12. Method of disposal of water and packaging use for transporting the fish. Item 2—Marked-Off Areas 13. If any disease or symptom of disease occurred in the [Co-ordinates of developed areas within the site to be provided acquired fish. by the licensee.] 14. Method of disposal of diseased or dead fish and the White buoys of at least 12 inches in diameter must be placed number disposed of. 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. 15. Signature, date and telephone number. SCHEDULE 2 16. Use of any chemicals for fish husbandry—type of chemical and quantity used, purpose and date of use. Item 1¾Permitted Species SCHEDULE 5 Approved Environmental Monitoring Program 2512 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

An Environmental Monitoring Program for the site must 5.5 must conduct an environmental monitoring program as comply with the general requirements for environmental set out in Schedule 5 of this licence. monitoring specified in the notes to the Decision Notification 6. Form issued for the site under Regulation 42 of the Development Marking and Maintaining the Site Regulations 1993. The licensee: The licensee must submit a draft Environmental Monitoring 6.1 must ensure that the site is maintained in a good, tidy Program in writing to the General Manager Aquaculture within 60 and safe condition to the satisfaction of the Minister; days after the grant of the licence by the Minister. 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 FM00121 from the site of any unhealthy or dead fish; (PREVIOUS LICENCE NO. F798) 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 7. Item 1 of Schedule 2 of this licence (‘the permitted species’) and, 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 7.1 must at all times permit the Minister, his employees, installing structures necessary for the licensed activity at the agents or contractors or any employees, agents or undermentioned site, the Minister for Primary Industries, Natural contractors of the Crown to enter the site for the Resources and Regional Development (‘the Minister’) hereby purposes of inspecting the site, the sea floor and the grants to: flora and fauna on or in the vicinity of the site; and Aquaculture South Australia Pty Ltd 7.2 must comply with all reasonable directions of any such 10 Kurrajong Road person authorised by the Director of Fisheries to inspect Gould Creek, S.A. 5114, the conduct of the licensee’s activities at the site. a non-exclusive licence to occupy and use the waters specified in 8. Fees and Returns 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 licensee: the period commencing on 1 January 1999 and ending, subject to 8.1 must pay to the Minister the licence fee in accordance any earlier termination under this licence, on 30 June 1999 (‘the with Item l of Schedule 3 of this licence; term’) subject to the following terms and conditions: 8.2 must on or before 31 January and 31 July during the CONDITIONS OF THIS LICENCE term, submit to the Minister a return supplying all of 1. Licence 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 9.1 the licensee must at all times comply with all laws, by- the licensee under this licence are contractual only and laws or regulations in force which relate to the site or shall not create or vest in the licensee any estate, the activities conducted in the site and with all notices, interest or right of a proprietary nature in the site; and 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 9.2 in particular, without derogating from the general rights of entry to and occupation of the site and that requirement under condition 9 of this licence: the rights granted by this licence are exercisable by the 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 opinion of the Minister would cause or contribute 2. Marked-off Areas 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 9.2.2 in the event that the Minister is satisfied, on marked-off or indicated in the manner set out in Item 2 of reasonable grounds, that the fish taken from the Schedule 1 of this licence. waters are not fit for human consumption or that 3. Permitted Species consumption of fish taken from the waters could present a danger to the health of the consumer, The licensee: 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 permitted use as directed within the notice. 3.2 must not take any wild fish from the site except for recreational purposes. 10. Public Risk Liability 4. Permitted Use The licensee must at all times indemnify the Minister, his officers, employees, contractors and agents from and against all The licensee must not use the site for any purpose other than claims, demands, actions, judgments, proceedings, damages, losses, the permitted use. costs, charges and expenses in respect of any loss of life, personal 5. Permitted Methods injury and/or damage to property caused or suffered in any The licensee: manner in or about the site. 5.1 must not stock the permitted species at a rate greater than that specified in Schedule 2 of this licence; 5.2 must not use the anti-fouling chemical tributyltin (TBT) on any equipment used at the site; 5.3 must not use any chemical or drug for either therapeutic or prophylactic purpose except with the prior approval of the Minister; 5.4 must apply the permitted farming methods set out in Item 2 of Schedule 2 of this licence. 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2513

11. Release 15.4.4 a receiver, a manager or a receiver and The licensee must use and keep the site at the risk in all things manager, a company administrator or other of the licensee and the licensee must release to the full extent insolvency administrator is appointed to the permitted by law the Minister, his agents, contractors and licensee; or servants in the absence of any wilful act, omission, default or 15.4.5 a mortgagee, chargee or other encum- neglect on their part from all claims and demands of every kind brancee is appointed over or takes resulting from any accident damage or injury to persons or possession of or appoints an agent to take property occurring at the site, including loss or damage to the possession of all or any of the licensee’s licensee’s fixtures or personal property of the licensee. assets; or 12. Public Risk Insurance 15.5 if the licensee is an individual, the licensee: The licensee shall at its own cost and expense during the term 15.5.1 becomes bankrupt or assigns its estate or effect and keep in full force and effect in respect of the site and enters into a deed of arrangement or other the permitted use a policy of public risk insurance in the joint form of composition for the benefit of the names of the licensee and the Minister in which the limits of licensee’s creditors; or public risk shall not be less than the amount specified in Item 2 of 15.5.2 is convicted of an indictable offence. Schedule 3 of this licence, or such further amount as the Minister may from time to time reasonably require, as the amount which Termination of this licence by the Minister shall be may be paid out in respect of any one single claim and a policy of without prejudice to any rights, remedies or actions insurance or copy thereof or a certificate of insurance shall be that the Minister may have against the licensee in produced by the licensee to the Minister on request in writing respect of any antecedent breach by the licensee of being made by the Minister for its production. the terms and conditions contained in this licence. 13. Guarantee or Indemnity Scheme 16. Interpretation The licensee must either: Subject to any inconsistency of subject or context, the following rules of construction shall be used in the interpretation 13.1 provide a guarantee from its bankers; or of this licence: 13.2 contribute to an indemnity scheme established for 16.1 any word importing the plural includes the singular the aquaculture and fisheries industry and approved by and ; the Minister, vice versa 16.2 any wording importing a gender shall include all to and in favour of and for the benefit of the Minister by way of other genders; security for the due and punctual performance by the licensee of the terms and conditions of this licence and in particular the 16.3 a reference to a body corporate shall include a obligations of the licensee to rehabilitate the site immediately natural person and vice versa; prior to the expiration or sooner determination of the term of 16.4 a reference to a recital, party, clause, Schedule or this licence. Such guarantee or indemnity scheme must have Annexure is a reference to a recital, party, clause, effect from the date of commencement of the term. Schedule or Annexure of this licence; 14. No Assignment 16.5 the captions, headings, section numbers and clause The licensee acknowledges that this licence is personal and it numbers appearing in this licence are inserted only as must not assign or sublet or deal in any other way with any a matter of convenience and in no way affect the interest in this licence. construction of this licence; 15. Default by Licensee and Termination 16.6 a reference to a statute shall include all statutes amending, consolidating or replacing the statutes The Minister may terminate this licence immediately by notice referred to; in writing served on the licensee if: 16.7 where two or more persons are named as licensees, 15.1 the licensee commits or permits any breach or this licence shall bind the licensees jointly and each of default of the obligations imposed on the licensee by them severally; and this licence, and following the giving by the Minister of written notice of such breach or default, the 16.8 time is of the essence in respect of any obligation licensee either fails to rectify such breach or default relating to time in this licence. within one calendar month of the date of such notice 17. Delegation (or earlier if the circumstances require) or fails to make diligent progress towards rectifying any such Any consent, notice, any consultation or any other thing breach which is incapable of rectification within the which is pursuant to the terms of this licence either required to be time so limited; or given, done or performed or which may be given, done or performed by the Minister may for the purposes of this licence be 15.2 the licensee commits or permits any further breach properly given, done or performed by any duly authorised agent or default of the obligations imposed on the licensee or employee of the Minister. by this licence for which the Minister has previously given notice in writing of such breach or default 18. Severance pursuant to paragraph 1 of condition 15.1 notwith- If any term or condition of this licence should be for any standing rectification of the previous breach or reason unlawful, void, invalid or unenforceable then the offending default; or term or condition shall be severed from this licence without 15.3 the licence fee referred to in condition 8 is unpaid affecting the validity or enforceability of the remainder of this for a period of 14 days after notice has been given to licence. the licensee that it is outstanding; or 19. Modification 15.4 if the licensee is a body corporate, any of the No variation of or addition to any provision of this licence following occur: shall be binding upon the Minister and the licensee unless such 15.4.1 the licensee is unable to pay its debts as and variation or addition is made in writing, signed by both the when they fall due or is otherwise insolvent; Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. 15.4.2 an order is made for the winding up or liquidation of the licensee; 20. Waiver 15.4.3 the licensee enters into a scheme of 20.1 A waiver of any provision of this licence by the arrangement, compromise, moratorium or Minister must both be in writing and be signed by the other form of composition with its creditors Minister or by persons duly authorised to execute such or any class of its creditors; a document on the Minister’s part. 2514 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

20.2 No waiver by the Minister of a breach of a term or SCHEDULE 1 condition contained in this licence shall operate as a waiver of any breach of the same or any other term Item 1—The Site or condition contained in this licence. Area applicable to this licence: 20.3 No forbearance, delay or indulgence by the Minister Licensed Area Licensed in enforcing the provisions of this licence shall Hectare prejudice or restrict the rights of the Minister. Zone 53 21. Notices 763065E 6154270N 137°52¢21² -34°43¢10² 1 763165E 6154270N 137°52¢25² -34°43¢10² 21.1 Notices may be served by delivering the same 763124E 6154170N 137°52¢23² -34°43¢14² personally, by mail or facsimile transmission and shall 763023E 6154170N 137°52¢20² -34°43¢14² be: All structures, equipment, buoys and flotations (except for that 21.1.1 in writing addressed to the Director of required by the Department for Transport, Urban Planning and Fisheries, PIRSA, 16th Floor, 25 Grenfell the Arts) must be black, dark grey, dark blue, dark brown, or dark Street, Adelaide, S.A. 5000 (in the case of green coloured materials. the Minister) and to the address of the licensee set out above (in the case of the The boundary of the site to be marked either with: licensee); (a) (1) At the corners with posts extending 900 mm above 21.1.2 signed by or on behalf of the sender or by a mean high water springs. Such posts to be marked person duly authorised in that regard by the with a St Andrews cross, each cross arm measuring sender; 900 mm from tip to tip, minimum width 75 mm. 21.1.3 deemed to be duly served or made in the (2) Posts to be not less than 125 mm in diameter. following circumstances: (3) Posts and crosses to be painted yellow. (a) if delivered, upon delivery; (4) The ends of each cross to be marked with a (b) if sending by mail, upon posting; 200 mm strip of yellow retro-reflective tape. (c) if sent by facsimile transmission, upon (5) Between the corner posts at intervals not exceeding the sender’s facsimile producing a 50 m, buoys not less than 300 mm in diameter. transmission report that the facsimile (6) All buoys, posts, crosses and markers must be was satisfactorily sent in its entirety to maintained in good condition. the addressee’s facsimile number, or but if delivery is not made before 5 p.m. on any day it shall be deemed to be received at (b) (1) At each corner, yellow spar buoys with a St 9 a.m. on the next day in that place. Andrews cross as a top mark placed at least 900 mm above the buoy, cross arms 900 mm long x 21.2 The Minister and the licensee may each vary their 75 mm wide. address or facsimile number at any time by written notice. (2) At distances not exceeding 50 m between the corner spar buoys, yellow spherical buoys not less 22. SASQAP than 300 mm in diameter. 22.1 The licensee: (3) The buoys and topmarks must all be coloured 22.1.1 must submit to the Manager, South yellow and marked with a yellow retro-reflective as Australian Shellfish Quality Assurance in (a) (4). Program (‘SASQAP’) for testing such (4) All buoys, posts, crosses and markers must be sample as the Manager, SASQAP requires of maintained in good condition. the fish farmed at the site and specified in Item 1.1 of Schedule 2; When the site is in navigable water and possible danger to navigation, lights must be placed on the top of each St Andrews 22.1.2 must comply with all reasonable require- cross that is located at each corner of the site and these lights ments of the Manager, SASQAP in relation must be yellow in colour and flashing once every 4 seconds and to such testing; and visible over an arc of 360 degrees for a distance of at least one 22.1.3 must obtain the written consent of the mile. Manager, SASQAP, prior to making any of Item 2—Marked-Off Areas the fish farmed at the site and specified in Item 1.1 of Schedule 2, available for human [Co-ordinates of developed areas within the site to be provided consumption. by the licensee.] Granted on behalf of the Minister by Director of Fisheries, White buoys of at least 12 inches in diameter must be placed delegate of the Minister, on 3 May 1999. 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. G. MORGAN, Director of Fisheries SCHEDULE 2 The Common Seal of Aquaculture South Australia Pty Ltd was hereunto affixed in the presence of: Item 1¾Permitted Species (L.S.) J. R. CHAPMAN, Director 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 L. R. CHAPMAN, Witness Schedule. 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2515

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 ¾ comply with the general requirements for environmental Item 2 Permitted Farming Methods 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 Oysters MARINE MOLLUSC FARMING LICENCE FM00126 Size (mm) Number per Hectare (PREVIOUS LICENCE NO. F803) 3 2 500 000 Licence to Farm Fish under section 53 of the Fisheries 10 1 600 000 Act 1982 20 1 100 000 WHEREAS the Director of Fisheries has, pursuant to section 30 750 000 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to 40 500 000 the undermentioned licensee to release the fish specified in 50 350 000 Item 1 of Schedule 2 of this licence (‘the permitted species’) and, 60 200 000 pursuant to section 48G (2) of the Act, the Director of Fisheries 70 150 000 has also issued a permit to disturb the seabed for the purpose of 80 100 000 installing structures necessary for the licensed activity at the SCHEDULE 3 undermentioned site, the Minister for Primary Industries, Natural Resources and Regional Development (‘the Minister’) hereby Item 1—Fees grants to: $ Craig Tattersall Environmental Monitoring Program 1 at $20 each...... 20.00 Lot 21 Bute Road Base Licence Fee...... 328.00 Port Broughton, S.A. 5522, Fisheries Research and Development Corporation Levy...... 92.60 a non-exclusive licence to occupy and use the waters specified in Total Annual Licence Fee ...... 440.60 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—Public Risk Insurance the period commencing on 1 January 1999 and ending, subject to Five million dollars ($5 000 000). any earlier termination under this licence, on 30 June 1999 (‘the term’) subject to the following terms and conditions: SCHEDULE 4 CONDITIONS OF THIS LICENCE Returns 1. Licence The licensee must submit the following information to the The parties acknowledge and agree that: Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and 1.1 the rights, powers and privileges granted to or vested in 31 July during the term of this licence: the licensee under this licence are contractual only and shall not create or vest in the licensee any estate, 1. Name of licensee. interest or right of a proprietary nature in the site; and 2. Address of licensee. 1.2 that, subject to section 53A of the Fisheries Act 1982, 3. Species of fish farmed and held on the site. this licence does not entitle the licensee to exclusive rights of entry to and occupation of the site and that 4. Location of aquaculture operation. the rights granted by this licence are exercisable by the 5. Period covered by return. licensee in common with any other occupiers of the site from time to time. 6. Number of life stage of each species of fish held. 2. Marked-off Areas 7. Number, weight and value of each species of fish held. For the purposes of section 53A of the Fisheries Act 1982, the 8. Details of any disease detected in any fish kept. marked-off areas within the site is that area or those areas 9. Source (whether interstate or intrastate) of any stock marked-off or indicated in the manner set out in Item 2 of acquired and date of acquisition (if relevant, include name Schedule 1 of this licence. of authority that provided certification that stock was 3. Permitted Species free from disease). The licensee: 10. If any fish were brought into the state, the number of fish and the life stage of the fish. 3.1 must not farm or introduce any species at the site other than the permitted species; and 11. If fish were brought into the state, the purpose for which they were brought in. 3.2 must not take any wild fish from the site except for recreational purposes. 12. Method of disposal of water and packaging use for transporting the fish. 4. Permitted Use 13. If any disease or symptom of disease occurred in the The licensee must not use the site for any purpose other than acquired fish. the permitted use. 14. Method of disposal of diseased or dead fish and the 5. Permitted Methods number disposed of. The licensee: 15. Signature, date and telephone number. 5.1 must not stock the permitted species at a rate greater 16. Use of any chemicals for fish husbandry—type of than that specified in Schedule 2 of this licence; chemical and quantity used, purpose and date of use. 5.2 must not use the anti-fouling chemical tributyltin (TBT) on any equipment used at the site; 5.3 must not use any chemical or drug for either therapeutic or prophylactic purpose except with the prior approval of the Minister; 2516 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 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. servants in the absence of any wilful act, omission, default or Marking and Maintaining the Site 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; 15.4.3 the licensee enters into a scheme of arrangement, compromise, moratorium or other form of composition with its creditors or any class of its creditors; 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2517

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. licensee’s creditors; or Notices 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 Termination of this licence by the Minister shall be 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 16. Interpretation licensee set out above (in the case of the Subject to any inconsistency of subject or context, the licensee); following rules of construction shall be used in the interpretation 21.1.2 signed by or on behalf of the sender or by a of this licence: person duly authorised in that regard by the 16.1 any word importing the plural includes the singular sender; and vice versa; 21.1.3 deemed to be duly served or made in the 16.2 any wording importing a gender shall include all following circumstances: other genders; (a) if delivered, upon delivery; 16.3 a reference to a body corporate shall include a (b) if sending by mail, upon posting; natural person and ; vice versa (c) if sent by facsimile transmission, upon 16.4 a reference to a recital, party, clause, Schedule or the sender’s facsimile producing a Annexure is a reference to a recital, party, clause, transmission report that the facsimile Schedule or Annexure of this licence; was satisfactorily sent in its entirety to 16.5 the captions, headings, section numbers and clause the addressee’s facsimile number, numbers appearing in this licence are inserted only as but if delivery is not made before 5 p.m. on a matter of convenience and in no way affect the any day it shall be deemed to be received at construction of this licence; 9 a.m. on the next day in that place. 16.6 a reference to a statute shall include all statutes 21.2 The Minister and the licensee may each vary their amending, consolidating or replacing the statutes address or facsimile number at any time by written referred to; notice. 16.7 where two or more persons are named as licensees, 22. SASQAP this licence shall bind the licensees jointly and each of 22.1 The licensee: them severally; and 22.1.1 must submit to the Manager, South 16.8 time is of the essence in respect of any obligation Australian Shellfish Quality Assurance relating to time in this licence. Program (‘SASQAP’) for testing such 17. Delegation sample as the Manager, SASQAP requires of Any consent, notice, any consultation or any other thing the fish farmed at the site and specified in which is pursuant to the terms of this licence either required to be Item 1.1 of Schedule 2; given, done or performed or which may be given, done or 22.1.2 must comply with all reasonable require- performed by the Minister may for the purposes of this licence be ments of the Manager, SASQAP in relation properly given, done or performed by any duly authorised agent to such testing; and or employee of the Minister. 22.1.3 must obtain the written consent of the 18. Severance Manager, SASQAP, prior to making any of If any term or condition of this licence should be for any the fish farmed at the site and specified in reason unlawful, void, invalid or unenforceable then the offending Item 1.1 of Schedule 2, available for human term or condition shall be severed from this licence without consumption. affecting the validity or enforceability of the remainder of this Granted on behalf of the Minister by Director of Fisheries, licence. delegate of the Minister, on 3 May 1999. 19. Modification G. MORGAN, Director of Fisheries No variation of or addition to any provision of this licence The licensee hereby acknowledges and agrees to the terms and shall be binding upon the Minister and the licensee unless such conditions of this licence. variation or addition is made in writing, signed by both the Signed by the said C. TATTERSALL Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. In the presence of: N. TATTERSALL, Witness 2518 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

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 Zone 53 50 350 000 767829E 6282459N 137°53¢06² -33°33¢49² 2 60 200 000 767646E 6282537N 137°52¢59² -33°33¢47² 70 150 000 767605E 6282440N 137°52¢57² -33°33¢50² 80 100 000 767788E 6282360N 137°53¢04² -33°33¢53² 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 $ green coloured materials. Environmental Monitoring Program 2 at $20 each ...... 40.00 SASQAP (Non-Classified Area) 2 at $134 each...... 268.00 The boundary of the site to be marked either with: Base Licence Fee ...... 328.00 (a) (1) At the corners with posts extending 900 mm above Fisheries Research and Development Corporation mean high water springs. Such posts to be marked Levy ...... 92.60 with a St Andrews cross, each cross arm measuring Total Annual Licence Fee...... 728.60 900 mm from tip to tip, minimum width 75 mm. Item 2—Public Risk Insurance (2) Posts to be not less than 125 mm in diameter. Five million dollars ($5 000 000). (3) Posts and crosses to be painted yellow. SCHEDULE 4 (4) The ends of each cross to be marked with a Returns 200 mm strip of yellow retro-reflective tape. The licensee must submit the following information to the (5) Between the corner posts at intervals not exceeding Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 50 m, buoys not less than 300 mm in diameter. 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 3. Species of fish farmed and held on the site. Andrews cross as a top mark placed at least 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) At distances not exceeding 50 m between the 6. Number of life stage of each species of fish held. corner spar buoys, yellow spherical buoys not less than 300 mm in diameter. 7. Number, weight and value of each species of fish held. (3) The buoys and topmarks must all be coloured 8. Details of any disease detected in any fish kept. yellow and marked with a yellow retro-reflective as 9. Source (whether interstate or intrastate) of any stock in (a) (4). acquired and date of acquisition (if relevant, include name (4) All buoys, posts, crosses and markers must be of authority that provided certification that stock was maintained in good condition. free from disease). When the site is in navigable water and possible danger to 10. If any fish were brought into the state, the number of navigation, lights must be placed on the top of each St Andrews fish and the life stage of the fish. cross that is located at each corner of the site and these lights 11. If fish were brought into the state, the purpose for which must be yellow in colour and flashing once every 4 seconds and they were brought in. visible over an arc of 360 degrees for a distance of at least one mile. 12. Method of disposal of water and packaging use for transporting the fish. Item 2—Marked-Off Areas 13. If any disease or symptom of disease occurred in the [Co-ordinates of developed areas within the site to be provided acquired fish. by the licensee.] 14. Method of disposal of diseased or dead fish and the White buoys of at least 12 inches in diameter must be placed number disposed of. 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. 15. Signature, date and telephone number. SCHEDULE 2 16. Use of any chemicals for fish husbandry—type of chemical and quantity used, purpose and date of use. Item 1¾Permitted Species SCHEDULE 5 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 Approved Environmental Monitoring Program Schedule. An Environmental Monitoring Program for the site must Pacific Oysters (Crassostrea gigas) comply with the general requirements for environmental monitoring specified in the notes to the Decision Notification Item 1.1—Fish subject to SASQAP testing Form issued for the site under Regulation 42 of the Development Pacific Oysters (Crassostrea gigas) Regulations 1993. Item 2¾Permitted Farming Methods The licensee must submit a draft Environmental Monitoring Program in writing to the General Manager Aquaculture within 60 The Director of Fisheries has, pursuant to section 48G (2) of days after the grant of the licence by the Minister. the Act, issued a permit to disturb the seabed for the purpose of installing the structures specified in this Schedule. 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. Item 3¾Stocking Rates Oysters 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2519

FISHERIES ACT 1982 6. Marking and Maintaining the Site MARINE MOLLUSC FARMING LICENCE FM00122 The licensee: (PREVIOUS LICENCE NO. F799) 6.1 must ensure that the site is maintained in a good, tidy Licence to Farm Fish under section 53 of the Fisheries and safe condition to the satisfaction of the Minister; Act 1982 6.2 must remove and lawfully dispose of any waste or debris WHEREAS the Director of Fisheries has, pursuant to section on the site as soon as is reasonably practicable and in 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to particular must comply with any guidelines issued from the undermentioned licensee to release the fish specified in time to time by the Minister in relation to the removal Item 1 of Schedule 2 of this licence (‘the permitted species’) and, from the site of any unhealthy or dead fish; pursuant to section 48G (2) of the Act, the Director of Fisheries 6.3 must maintain all buoys, crosses, and markers on the site has also issued a permit to disturb the seabed for the purpose of in good condition and in accordance with the colours installing structures necessary for the licensed activity at the specified in Schedule 1 of this licence; and undermentioned site, the Minister for Primary Industries, Natural Resources and Regional Development (‘the Minister’) hereby 6.4 must mark the site boundary in accordance with the grants to: specifications in Schedule 1 of this licence. Aquaculture South Australia Pty Ltd 7. Site Inspection and Supervision 10 Kurrajong Road The licensee: Gould Creek, S.A. 5114, 7.1 must at all times permit the Minister, his employees, a non-exclusive licence to occupy and use the waters specified in agents or contractors or any employees, agents or Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of contractors of the Crown to enter the site for the farming and taking the permitted species (‘the permitted use’) for purposes of inspecting the site, the sea floor and the the period commencing on 1 January 1999 and ending, subject to flora and fauna on or in the vicinity of the site; and any earlier termination under this licence, on 30 June 1999 (‘the term’) subject to the following terms and conditions: 7.2 must comply with all reasonable directions of any such person authorised by the Director of Fisheries to inspect CONDITIONS OF THIS LICENCE the conduct of the licensee’s activities at the site. 1. Licence 8. Fees and Returns The parties acknowledge and agree that: The licensee: 1.1 the rights, powers and privileges granted to or vested in the licensee under this licence are contractual only and 8.1 must pay to the Minister the licence fee in accordance shall not create or vest in the licensee any estate, with Item l of Schedule 3 of this licence; interest or right of a proprietary nature in the site; and 8.2 must on or before 31 January and 31 July during the 1.2 that, subject to section 53A of the Fisheries Act 1982, term, submit to the Minister a return supplying all of this licence does not entitle the licensee to exclusive the information described in Schedule 4 of this licence. rights of entry to and occupation of the site and that 9. Compliance With Relevant Laws the rights granted by this licence are exercisable by the licensee in common with any other occupiers of the site 9.1 the licensee must at all times comply with all laws, by- from time to time. laws or regulations in force which relate to the site or the activities conducted in the site and with all notices, 2. Marked-off Areas orders or requirements lawfully given or made by any For the purposes of section 53A of the Fisheries Act 1982, the authority or authorities in respect of the site; marked-off areas within the site is that area or those areas 9.2 in particular, without derogating from the general marked-off or indicated in the manner set out in Item 2 of requirement under condition 9 of this licence: Schedule 1 of this licence. 9.2.1 the licensee must not do or permit to be done in 3. Permitted Species upon or about the site anything which in the The licensee: opinion of the Minister would cause or contribute to the degradation or pollution of any coastal 3.1 must not farm or introduce any species at the site other land or the surrounding marine environment; and than the permitted species; and 9.2.2 in the event that the Minister is satisfied, on 3.2 must not take any wild fish from the site except for reasonable grounds, that the fish taken from the recreational purposes. waters are not fit for human consumption or that 4. Permitted Use consumption of fish taken from the waters could present a danger to the health of the consumer, The licensee must not use the site for any purpose other than the licensee must, in accordance with a written the permitted use. notice from the Minister, cease or suspend the 5. Permitted Methods conduct of the permitted use or else conduct the The licensee: permitted use as directed within the notice. 5.1 must not stock the permitted species at a rate greater 10. Public Risk Liability than that specified in Schedule 2 of this licence; The licensee must at all times indemnify the Minister, his 5.2 must not use the anti-fouling chemical tributyltin (TBT) officers, employees, contractors and agents from and against all on any equipment used at the site; claims, demands, actions, judgments, proceedings, damages, losses, costs, charges and expenses in respect of any loss of life, personal 5.3 must not use any chemical or drug for either therapeutic injury and/or damage to property caused or suffered in any or prophylactic purpose except with the prior approval manner in or about the site. of the Minister; 11. Release 5.4 must apply the permitted farming methods set out in Item 2 of Schedule 2 of this licence. The licensee must use and keep the site at the risk in all things of the licensee and the licensee must release to the full extent 5.5 must conduct an environmental monitoring program as permitted by law the Minister, his agents, contractors and set out in Schedule 5 of this licence. servants in the absence of any wilful act, omission, default or neglect on their part from all claims and demands of every kind resulting from any accident damage or injury to persons or property occurring at the site, including loss or damage to the licensee’s fixtures or personal property of the licensee. 2520 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

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 ; 13.1 provide a guarantee from its bankers; or vice versa 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 ; to and in favour of and for the benefit of the Minister by way of vice versa 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. 15.4.3 the licensee enters into a scheme of arrangement, compromise, moratorium or 20.2 No waiver by the Minister of a breach of a term or other form of composition with its creditors condition contained in this licence shall operate as a or any class of its creditors; waiver of any breach of the same or any other term or condition contained in this licence. 15.4.4 a receiver, a manager or a receiver and manager, a company administrator or other 20.3 No forbearance, delay or indulgence by the Minister insolvency administrator is appointed to the in enforcing the provisions of this licence shall licensee; or prejudice or restrict the rights of the Minister. 15.4.5 a mortgagee, chargee or other encum- 21. Notices brancee is appointed over or takes 21.1 Notices may be served by delivering the same possession of or appoints an agent to take personally, by mail or facsimile transmission and shall possession of all or any of the licensee’s be: assets; or 21.1.1 in writing addressed to the Director of 15.5 if the licensee is an individual, the licensee: Fisheries, PIRSA, 16th Floor, 25 Grenfell 15.5.1 becomes bankrupt or assigns its estate or Street, Adelaide, S.A. 5000 (in the case of enters into a deed of arrangement or other the Minister) and to the address of the 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2521

licensee set out above (in the case of the or licensee); (b) (1) At each corner, yellow spar buoys with a St 21.1.2 signed by or on behalf of the sender or by a Andrews cross as a top mark placed at least person duly authorised in that regard by the 900 mm above the buoy, cross arms 900 mm long x sender; 75 mm wide. 21.1.3 deemed to be duly served or made in the (2) At distances not exceeding 50 m between the following circumstances: corner spar buoys, yellow spherical buoys not less than 300 mm in diameter. (a) if delivered, upon delivery; if sending by mail, upon posting; (3) The buoys and topmarks must all be coloured (b) yellow and marked with a yellow retro-reflective as (c) if sent by facsimile transmission, upon in (a) (4). the sender’s facsimile producing a transmission report that the facsimile (4) All buoys, posts, crosses and markers must be was satisfactorily sent in its entirety to maintained in good condition. the addressee’s facsimile number, When the site is in navigable water and possible danger to but if delivery is not made before 5 p.m. on navigation, lights must be placed on the top of each St Andrews any day it shall be deemed to be received at cross that is located at each corner of the site and these lights 9 a.m. on the next day in that place. 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 21.2 The Minister and the licensee may each vary their mile. address or facsimile number at any time by written notice. Item 2—Marked-Off Areas 22. [Co-ordinates of developed areas within the site to be provided SASQAP by the licensee.] 22.1 The licensee: White buoys of at least 12 inches in diameter must be placed 22.1.1 must submit to the Manager, South around the whole of the perimeter of the developed areas within Australian Shellfish Quality Assurance the site at a distance of no less than 50 m from one another. Program (‘SASQAP’) for testing such sample as the Manager, SASQAP requires of SCHEDULE 2 the fish farmed at the site and specified in Item 1¾Permitted Species Item 1.1 of Schedule 2; The Director of Fisheries has, pursuant to section 50 (2) of the 22.1.2 must comply with all reasonable require- Act, issued a permit for the release of the fish specified in this ments of the Manager, SASQAP in relation Schedule. to such testing; and Pacific Oysters (Crassostrea gigas) 22.1.3 must obtain the written consent of the Manager, SASQAP, prior to making any of Item 1.1—Fish subject to SASQAP testing the fish farmed at the site and specified in Pacific Oysters (Crassostrea gigas) Item 1.1 of Schedule 2, available for human Item 2¾Permitted Farming Methods consumption. 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 3 May 1999. installing the structures specified in this Schedule. G. MORGAN, Director of Fisheries Longlines The Common Seal of Aquaculture South Australia Pty Ltd was Each unit must not exceed 100 m in length and 2 m in width, hereunto affixed in the presence of: and each unit must be at least 6 m from any other unit. (L.S.) J. R. CHAPMAN, Director Item 3¾Stocking Rates L. R. CHAPMAN, 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 Hectare 40 500 000 Zone 53 50 350 000 765247E 6162728N 137°53¢37² -34°38¢34² 1 60 200 000 765279E 6162690N 137°53¢38² -34°38¢35² 70 150 000 765119E 6162570N 137°53¢32² -34°38¢39² 80 100 000 765087E 6162609N 137°53¢31² -34°38¢38² 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 $ green coloured materials. Environmental Monitoring Program 1 at $20 each ...... 20.00 Base Licence Fee ...... 328.00 The boundary of the site to be marked either with: Fisheries Research and Development Corporation (a) (1) At the corners with posts extending 900 mm above Levy ...... 92.60 mean high water springs. Such posts to be marked Total Annual Licence Fee...... 440.60 with a St Andrews cross, each cross arm measuring 900 mm from tip to tip, minimum width 75 mm. Item 2—Public Risk Insurance 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. (4) The ends of each cross to be marked with a Returns 200 mm strip of yellow retro-reflective tape. The licensee must submit the following information to the 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. 2522 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

3. Species of fish farmed and held on the site. CONDITIONS OF THIS LICENCE 4. Location of aquaculture operation. 1. Licence 5. Period covered by return. The parties acknowledge and agree that: 6. Number of life stage of each species of fish held. 1.1 the rights, powers and privileges granted to or vested in the licensee under this licence are contractual only and 7. Number, weight and value of each species of fish held. shall not create or vest in the licensee any estate, 8. Details of any disease detected in any fish kept. interest or right of a proprietary nature in the site; and 9. Source (whether interstate or intrastate) of any stock 1.2 that, subject to section 53A of the Fisheries Act 1982, acquired and date of acquisition (if relevant, include name this licence does not entitle the licensee to exclusive of authority that provided certification that stock was rights of entry to and occupation of the site and that free from disease). the rights granted by this licence are exercisable by the licensee in common with any other occupiers of the site 10. If any fish were brought into the state, the number of from time to time. fish and the life stage of the fish. 2. Marked-off Areas 11. If fish were brought into the state, the purpose for which they were brought in. For the purposes of section 53A of the Fisheries Act 1982, the marked-off areas within the site is that area or those areas 12. Method of disposal of water and packaging use for marked-off or indicated in the manner set out in Item 2 of transporting the fish. Schedule 1 of this licence. 13. If any disease or symptom of disease occurred in the 3. Permitted Species acquired fish. The licensee: 14. Method of disposal of diseased or dead fish and the number disposed of. 3.1 must not farm or introduce any species at the site other than the permitted species; and 15. Signature, date and telephone number. 3.2 must not take any wild fish from the site except for 16. Use of any chemicals for fish husbandry—type of recreational purposes. chemical and quantity used, purpose and date of use. 4. Permitted Use SCHEDULE 5 The licensee must not use the site for any purpose other than Approved Environmental Monitoring Program the permitted use. An Environmental Monitoring Program for the site must 5. Permitted Methods comply with the general requirements for environmental monitoring specified in the notes to the Decision Notification The licensee: Form issued for the site under Regulation 42 of the Development 5.1 must not stock the permitted species at a rate greater Regulations 1993. than that specified in Schedule 2 of this licence; The licensee must submit a draft Environmental Monitoring 5.2 must not use the anti-fouling chemical tributyltin (TBT) Program in writing to the General Manager Aquaculture within 60 on any equipment used at the site; days after the grant of the licence by the Minister. 5.3 must not use any chemical or drug for either therapeutic or prophylactic purpose except with the prior approval FISHERIES ACT 1982 of the Minister; MARINE MOLLUSC FARMING LICENCE FM00123 5.4 must apply the permitted farming methods set out in (PREVIOUS LICENCE NO. F800) Item 2 of Schedule 2 of this licence. Licence to Farm Fish under section 53 of the Fisheries 5.5 must conduct an environmental monitoring program as Act 1982 set out in Schedule 5 of this licence. WHEREAS the Director of Fisheries has, pursuant to section 6. Marking and Maintaining the Site 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to The licensee: the undermentioned licensee to release the fish specified in Item 1 of Schedule 2 of this licence (‘the permitted species’) and, 6.1 must ensure that the site is maintained in a good, tidy pursuant to section 48G (2) of the Act, the Director of Fisheries and safe condition to the satisfaction of the Minister; has also issued a permit to disturb the seabed for the purpose of 6.2 must remove and lawfully dispose of any waste or debris installing structures necessary for the licensed activity at the on the site as soon as is reasonably practicable and in undermentioned site, the Minister for Primary Industries, Natural particular must comply with any guidelines issued from Resources and Regional Development (‘the Minister’) hereby time to time by the Minister in relation to the removal grants to: from the site of any unhealthy or dead fish; Aquaculture South Australia Pty Ltd 6.3 must maintain all buoys, crosses, and markers on the site 10 Kurrajong Road in good condition and in accordance with the colours Gould Creek, S.A. 5114, specified in Schedule 1 of this licence; and a non-exclusive licence to occupy and use the waters specified in 6.4 must mark the site boundary in accordance with the Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of specifications in Schedule 1 of this licence. farming and taking the permitted species (‘the permitted use’) for 7. the period commencing on 1 January 1999 and ending, subject to Site Inspection and Supervision any earlier termination under this licence, on 30 June 1999 (‘the The licensee: term’) subject to the following terms and conditions: 7.1 must at all times permit the Minister, his employees, agents or contractors or any employees, agents or contractors of the Crown to enter the site for the purposes of inspecting the site, the sea floor and the flora and fauna on or in the vicinity of the site; and 7.2 must comply with all reasonable directions of any such person authorised by the Director of Fisheries to inspect the conduct of the licensee’s activities at the site. 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2523

8. Fees and Returns 14. No Assignment The licensee: The licensee acknowledges that this licence is personal and it 8.1 must pay to the Minister the licence fee in accordance must not assign or sublet or deal in any other way with any with Item l of Schedule 3 of this licence; interest in this licence. 8.2 must on or before 31 January and 31 July during the 15. Default by Licensee and Termination term, submit to the Minister a return supplying all of The Minister may terminate this licence immediately by notice the information described in Schedule 4 of this licence. in writing served on the licensee if: 9. Compliance With Relevant Laws 15.1 the licensee commits or permits any breach or 9.1 the licensee must at all times comply with all laws, by- default of the obligations imposed on the licensee by laws or regulations in force which relate to the site or this licence, and following the giving by the Minister the activities conducted in the site and with all notices, of written notice of such breach or default, the orders or requirements lawfully given or made by any licensee either fails to rectify such breach or default authority or authorities in respect of the site; within one calendar month of the date of such notice (or earlier if the circumstances require) or fails to 9.2 in particular, without derogating from the general make diligent progress towards rectifying any such requirement under condition 9 of this licence: breach which is incapable of rectification within the 9.2.1 the licensee must not do or permit to be done in time so limited; or upon or about the site anything which in the 15.2 the licensee commits or permits any further breach opinion of the Minister would cause or contribute or default of the obligations imposed on the licensee to the degradation or pollution of any coastal by this licence for which the Minister has previously land or the surrounding marine environment; and given notice in writing of such breach or default 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. 15.4.1 the licensee is unable to pay its debts as and Public Risk Liability 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 or any class of its creditors; 11. Release 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 assets; or 12. Public Risk Insurance 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. The licensee must either: Interpretation 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; 16.5 the captions, headings, section numbers and clause numbers appearing in this licence are inserted only as a matter of convenience and in no way affect the construction of this licence; 2524 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

16.6 a reference to a statute shall include all statutes the fish farmed at the site and specified in amending, consolidating or replacing the statutes Item 1.1 of Schedule 2; referred to; 22.1.2 must comply with all reasonable require- 16.7 where two or more persons are named as licensees, ments of the Manager, SASQAP in relation this licence shall bind the licensees jointly and each of to such testing; and them severally; and 22.1.3 must obtain the written consent of the 16.8 time is of the essence in respect of any obligation Manager, SASQAP, prior to making any of relating to time in this licence. the fish farmed at the site and specified in 17. Item 1.1 of Schedule 2, available for human Delegation consumption. Any consent, notice, any consultation or any other thing which is pursuant to the terms of this licence either required to be Granted on behalf of the Minister by Director of Fisheries, given, done or performed or which may be given, done or delegate of the Minister, on 3 May 1999. performed by the Minister may for the purposes of this licence be G. MORGAN, Director of Fisheries properly given, done or performed by any duly authorised agent The licensee hereby acknowledges and agrees to the terms and or employee of the Minister. conditions of this licence. 18. Severance The Common Seal of Aquaculture South Australia Pty Ltd was If any term or condition of this licence should be for any hereunto affixed in the presence of: reason unlawful, void, invalid or unenforceable then the offending (L.S.) J. R. CHAPMAN, Director term or condition shall be severed from this licence without affecting the validity or enforceability of the remainder of this L. R. CHAPMAN, Witness licence. SCHEDULE 1 19. Modification Item 1—The Site No variation of or addition to any provision of this licence shall be binding upon the Minister and the licensee unless such Area applicable to this licence: variation or addition is made in writing, signed by both the Licensed Area Licensed Minister and the licensee and expressed to be either supplemental Hectare to or in substitution for the whole or a part of this licence. Zone 53 20. Waiver 765489E 6162912N 137°53¢46² -34°38¢28² 1 765521E 6162873N 137°53¢48² -34°38¢29² 20.1 A waiver of any provision of this licence by the 765360E 6162754N 137°53¢42² -34°38¢33² Minister must both be in writing and be signed by the 765328E 6162792N 137°53¢40² -34°38¢32² Minister or by persons duly authorised to execute such a document on the Minister’s part. All structures, equipment, buoys and flotations (except for that required by the Department for Transport, Urban Planning and 20.2 No waiver by the Minister of a breach of a term or the Arts) must be black, dark grey, dark blue, dark brown, or dark condition contained in this licence shall operate as a green coloured materials. waiver of any breach of the same or any other term or condition contained in this licence. The boundary of the site to be marked either with: 20.3 No forbearance, delay or indulgence by the Minister (a) (1) At the corners with posts extending 900 mm above in enforcing the provisions of this licence shall mean high water springs. Such posts to be marked prejudice or restrict the rights of the Minister. with a St Andrews cross, each cross arm measuring 900 mm from tip to tip, minimum width 75 mm. 21. Notices (2) Posts to be not less than 125 mm in diameter. 21.1 Notices may be served by delivering the same personally, by mail or facsimile transmission and shall (3) Posts and crosses to be painted yellow. be: (4) The ends of each cross to be marked with a 21.1.1 in writing addressed to the Director of 200 mm strip of yellow retro-reflective tape. Fisheries, PIRSA, 16th Floor, 25 Grenfell (5) Between the corner posts at intervals not exceeding Street, Adelaide, S.A. 5000 (in the case of 50 m, buoys not less than 300 mm in diameter. the Minister) and to the address of the licensee set out above (in the case of the (6) All buoys, posts, crosses and markers must be licensee); maintained in good condition. 21.1.2 signed by or on behalf of the sender or by a or person duly authorised in that regard by the (b) (1) At each corner, yellow spar buoys with a St sender; Andrews cross as a top mark placed at least 21.1.3 deemed to be duly served or made in the 900 mm above the buoy, cross arms 900 mm long x following circumstances: 75 mm wide. (a) if delivered, upon delivery; (2) At distances not exceeding 50 m between the corner spar buoys, yellow spherical buoys not less (b) if sending by mail, upon posting; than 300 mm in diameter. (c) if sent by facsimile transmission, upon (3) The buoys and topmarks must all be coloured the sender’s facsimile producing a yellow and marked with a yellow retro-reflective as transmission report that the facsimile in (a) (4). was satisfactorily sent in its entirety to the addressee’s facsimile number, (4) All buoys, posts, crosses and markers must be maintained in good condition. but if delivery is not made before 5 p.m. on any day it shall be deemed to be received at 9 a.m. on the next day in that place. 21.2 The Minister and the licensee may each vary their address or facsimile number at any time by written notice. 22. SASQAP 22.1 The licensee: 22.1.1 must submit to the Manager, South Australian Shellfish Quality Assurance Program (‘SASQAP’) for testing such sample as the Manager, SASQAP requires of 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2525

When the site is in navigable water and possible danger to 9. Source (whether interstate or intrastate) of any stock navigation, lights must be placed on the top of each St Andrews acquired and date of acquisition (if relevant, include name cross that is located at each corner of the site and these lights of authority that provided certification that stock was must be yellow in colour and flashing once every 4 seconds and free from disease). visible over an arc of 360 degrees for a distance of at least one 10. If any fish were brought into the state, the number of mile. fish and the life stage of the fish. Item 2—Marked-Off Areas 11. If fish were brought into the state, the purpose for which [Co-ordinates of developed areas within the site to be provided they were brought in. by the licensee.] 12. Method of disposal of water and packaging use for White buoys of at least 12 inches in diameter must be placed transporting the fish. around the whole of the perimeter of the developed areas within 13. If any disease or symptom of disease occurred in the the site at a distance of no less than 50 m from one another. acquired fish. SCHEDULE 2 14. Method of disposal of diseased or dead fish and the Item 1¾Permitted Species number disposed of. The Director of Fisheries has, pursuant to section 50 (2) of the 15. Signature, date and telephone number. Act, issued a permit for the release of the fish specified in this 16. Use of any chemicals for fish husbandry—type of Schedule. chemical and quantity used, purpose and date of use. Pacific Oysters (Crassostrea gigas) 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. 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. ¾ Item 3 Stocking Rates FISHERIES ACT 1982 Oysters MARINE MOLLUSC FARMING LICENCE FM00125 Size (mm) Number per Hectare (PREVIOUS LICENCE NO. F802) 3 2 500 000 Licence to Farm Fish under section 53 of the Fisheries 10 1 600 000 Act 1982 20 1 100 000 30 750 000 WHEREAS the Director of Fisheries has, pursuant to section 40 500 000 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to 50 350 000 the undermentioned licensee to release the fish specified in 60 200 000 Item 1 of Schedule 2 of this licence (‘the permitted species’) and, 70 150 000 pursuant to section 48G (2) of the Act, the Director of Fisheries 80 100 000 has also issued a permit to disturb the seabed for the purpose of installing structures necessary for the licensed activity at the SCHEDULE 3 undermentioned site, the Minister for Primary Industries, Natural Item 1—Fees Resources and Regional Development (‘the Minister’) hereby grants to: $ Environmental Monitoring Program 1 at $20 each...... 20.00 Aquaculture South Australia Pty Ltd Base Licence Fee...... 328.00 10 Kurrajong Road Fisheries Research and Development Corporation Gould Creek, S.A. 5114, Levy...... 92.60 a non-exclusive licence to occupy and use the waters specified in Total Annual Licence Fee ...... 440.60 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—Public Risk Insurance the period commencing on 1 January 1999 and ending, subject to Five million dollars ($5 000 000). any earlier termination under this licence, on 30 June 1999 (‘the SCHEDULE 4 term’) subject to the following terms and conditions: Returns CONDITIONS OF THIS LICENCE 1. Licence The licensee must submit the following information to the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 The parties acknowledge and agree that: Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and 1.1 the rights, powers and privileges granted to or vested in 31 July during the term of this licence: the licensee under this licence are contractual only and 1. Name of licensee. shall not create or vest in the licensee any estate, interest or right of a proprietary nature in the site; and 2. Address of licensee. 1.2 that, subject to section 53A of the Fisheries Act 1982, 3. Species of fish farmed and held on the site. this licence does not entitle the licensee to exclusive 4. Location of aquaculture operation. rights of entry to and occupation of the site and that the rights granted by this licence are exercisable by the 5. Period covered by return. licensee in common with any other occupiers of the site 6. Number of life stage of each species of fish held. from time to time. 7. Number, weight and value of each species of fish held. 2. Marked-off Areas 8. Details of any disease detected in any fish kept. For the purposes of section 53A of the Fisheries Act 1982, the 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. 3. Permitted Species The licensee: 2526 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

3.1 must not farm or introduce any species at the site other conduct of the permitted use or else conduct the than the permitted species; and permitted use as directed within the notice. 3.2 must not take any wild fish from the site except for 10. Public Risk Liability recreational purposes. 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 5.5 must conduct an environmental monitoring program as effect and keep in full force and effect in respect of the site and set out in Schedule 5 of this licence. the permitted use a policy of public risk insurance in the joint 6. Marking and Maintaining the Site 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 The licensee: Schedule 3 of this licence, or such further amount as the Minister 6.1 must ensure that the site is maintained in a good, tidy may from time to time reasonably require, as the amount which and safe condition to the satisfaction of the Minister; may be paid out in respect of any one single claim and a policy of insurance or copy thereof or a certificate of insurance shall be 6.2 must remove and lawfully dispose of any waste or debris produced by the licensee to the Minister on request in writing on the site as soon as is reasonably practicable and in being made by the Minister for its production. particular must comply with any guidelines issued from time to time by the Minister in relation to the removal 13. Guarantee or Indemnity Scheme from the site of any unhealthy or dead fish; The licensee must either: 6.3 must maintain all buoys, crosses, and markers on the site 13.1 provide a guarantee from its bankers; or in good condition and in accordance with the colours specified in Schedule 1 of this licence; and 13.2 contribute to an indemnity scheme established for the aquaculture and fisheries industry and approved by 6.4 must mark the site boundary in accordance with the the Minister, specifications in Schedule 1 of this licence. to and in favour of and for the benefit of the Minister by way of 7. Site Inspection and Supervision security for the due and punctual performance by the licensee of The licensee: the terms and conditions of this licence and in particular the obligations of the licensee to rehabilitate the site immediately 7.1 must at all times permit the Minister, his employees, prior to the expiration or sooner determination of the term of agents or contractors or any employees, agents or this licence. Such guarantee or indemnity scheme must have contractors of the Crown to enter the site for the effect from the date of commencement of the term. purposes of inspecting the site, the sea floor and the flora and fauna on or in the vicinity of the site; and 14. No Assignment 7.2 must comply with all reasonable directions of any such The licensee acknowledges that this licence is personal and it person authorised by the Director of Fisheries to inspect must not assign or sublet or deal in any other way with any the conduct of the licensee’s activities at the site. interest in this licence. 8. Fees and Returns 15. Default by Licensee and Termination The licensee: The Minister may terminate this licence immediately by notice in writing served on the licensee if: 8.1 must pay to the Minister the licence fee in accordance with Item l of Schedule 3 of this licence; 15.1 the licensee commits or permits any breach or default of the obligations imposed on the licensee by 8.2 must on or before 31 January and 31 July during the this licence, and following the giving by the Minister term, submit to the Minister a return supplying all of of written notice of such breach or default, the the information described in Schedule 4 of this licence. licensee either fails to rectify such breach or default 9. Compliance With Relevant Laws within one calendar month of the date of such notice (or earlier if the circumstances require) or fails to 9.1 the licensee must at all times comply with all laws, by- make diligent progress towards rectifying any such laws or regulations in force which relate to the site or breach which is incapable of rectification within the the activities conducted in the site and with all notices, time so limited; or orders or requirements lawfully given or made by any authority or authorities in respect of the site; 15.2 the licensee commits or permits any further breach or default of the obligations imposed on the licensee 9.2 in particular, without derogating from the general by this licence for which the Minister has previously requirement under condition 9 of this licence: given notice in writing of such breach or default 9.2.1 the licensee must not do or permit to be done in pursuant to paragraph 1 of condition 15.1 notwith- upon or about the site anything which in the standing rectification of the previous breach or opinion of the Minister would cause or contribute default; or to the degradation or pollution of any coastal 15.3 the licence fee referred to in condition 8 is unpaid land or the surrounding marine environment; and for a period of 14 days after notice has been given to 9.2.2 in the event that the Minister is satisfied, on the licensee that it is outstanding; or reasonable grounds, that the fish taken from the 15.4 if the licensee is a body corporate, any of the waters are not fit for human consumption or that following occur: consumption of fish taken from the waters could present a danger to the health of the consumer, 15.4.1 the licensee is unable to pay its debts as and the licensee must, in accordance with a written when they fall due or is otherwise insolvent; notice from the Minister, cease or suspend the 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2527

15.4.2 an order is made for the winding up or Minister or by persons duly authorised to execute such liquidation of the licensee; a document on the Minister’s part. 15.4.3 the licensee enters into a scheme of 20.2 No waiver by the Minister of a breach of a term or arrangement, compromise, moratorium or condition contained in this licence shall operate as a other form of composition with its creditors waiver of any breach of the same or any other term or any class of its creditors; or condition contained in this licence. 15.4.4 a receiver, a manager or a receiver and 20.3 No forbearance, delay or indulgence by the Minister manager, a company administrator or other in enforcing the provisions of this licence shall insolvency administrator is appointed to the prejudice or restrict the rights of the Minister. licensee; or 21. Notices 15.4.5 a mortgagee, chargee or other encum- 21.1 Notices may be served by delivering the same brancee is appointed over or takes personally, by mail or facsimile transmission and shall possession of or appoints an agent to take be: possession of all or any of the licensee’s assets; or 21.1.1 in writing addressed to the Director of Fisheries, PIRSA, 16th Floor, 25 Grenfell 15.5 if the licensee is an individual, the licensee: Street, Adelaide, S.A. 5000 (in the case of 15.5.1 becomes bankrupt or assigns its estate or the Minister) and to the address of the enters into a deed of arrangement or other licensee set out above (in the case of the form of composition for the benefit of the licensee); licensee’s creditors; or 21.1.2 signed by or on behalf of the sender or by a 15.5.2 is convicted of an indictable offence. person duly authorised in that regard by the Termination of this licence by the Minister shall be sender; without prejudice to any rights, remedies or actions 21.1.3 deemed to be duly served or made in the that the Minister may have against the licensee in following circumstances: respect of any antecedent breach by the licensee of if delivered, upon delivery; the terms and conditions contained in this licence. (a) (b) if sending by mail, upon posting; 16. Interpretation (c) if sent by facsimile transmission, upon Subject to any inconsistency of subject or context, the the sender’s facsimile producing a following rules of construction shall be used in the interpretation transmission report that the facsimile of this licence: was satisfactorily sent in its entirety to 16.1 any word importing the plural includes the singular the addressee’s facsimile number, and vice versa; but if delivery is not made before 5 p.m. on 16.2 any wording importing a gender shall include all any day it shall be deemed to be received at other genders; 9 a.m. on the next day in that place. 16.3 a reference to a body corporate shall include a 21.2 The Minister and the licensee may each vary their natural person and vice versa; address or facsimile number at any time by written 16.4 a reference to a recital, party, clause, Schedule or notice. Annexure is a reference to a recital, party, clause, 22. SASQAP Schedule or Annexure of this licence; 22.1 The licensee: 16.5 the captions, headings, section numbers and clause 22.1.1 must submit to the Manager, South numbers appearing in this licence are inserted only as Australian Shellfish Quality Assurance a matter of convenience and in no way affect the Program (‘SASQAP’) for testing such construction of this licence; sample as the Manager, SASQAP requires of 16.6 a reference to a statute shall include all statutes the fish farmed at the site and specified in amending, consolidating or replacing the statutes Item 1.1 of Schedule 2; referred to; 22.1.2 must comply with all reasonable require- 16.7 where two or more persons are named as licensees, ments of the Manager, SASQAP in relation this licence shall bind the licensees jointly and each of to such testing; and them severally; and 22.1.3 must obtain the written consent of the 16.8 time is of the essence in respect of any obligation Manager, SASQAP, prior to making any of relating to time in this licence. the fish farmed at the site and specified in 17. Item 1.1 of Schedule 2, available for human Delegation consumption. Any consent, notice, any consultation or any other thing which is pursuant to the terms of this licence either required to be Granted on behalf of the Minister by Director of Fisheries, given, done or performed or which may be given, done or delegate of the Minister, on 3 May 1999. performed by the Minister may for the purposes of this licence be G. MORGAN, Director of Fisheries properly given, done or performed by any duly authorised agent The Common Seal of Aquaculture South Australia Pty Ltd was or employee of the Minister. hereunto affixed in the presence of: 18. Severance (L.S.) J. R. CHAPMAN, Director If any term or condition of this licence should be for any L. R. CHAPMAN, Witness reason unlawful, void, invalid or unenforceable then the offending term or condition shall be severed from this licence without affecting the validity or enforceability of the remainder of this licence. 19. Modification No variation of or addition to any provision of this licence shall be binding upon the Minister and the licensee unless such variation or addition is made in writing, signed by both the Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. 20. Waiver 20.1 A waiver of any provision of this licence by the Minister must both be in writing and be signed by the 2528 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

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 Hectare 40 500 000 Zone 53 50 350 000 763142E 6154462N 137°52¢24² -34°43¢04² 1 60 200 000 763242E 6154462N 137°52¢28² -34°43¢04² 70 150 000 763200E 6154362N 137°52¢26² -34°43¢07² 80 100 000 763100E 6154362N 137°52¢22² -34°43¢07² 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 $ green coloured materials. Environmental Monitoring Program 1 at $20 each ...... 20.00 Base Licence Fee ...... 328.00 The boundary of the site to be marked either with: Fisheries Research and Development Corporation (a) (1) At the corners with posts extending 900 mm above Levy ...... 92.60 mean high water springs. Such posts to be marked Total Annual Licence Fee...... 440.60 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. (b) (1) At each corner, yellow spar buoys with a St Andrews cross as a top mark placed at least 4. Location of aquaculture operation. 900 mm above the buoy, cross arms 900 mm long x 5. Period covered by return. 75 mm wide. 6. Number of life stage of each species of fish held. (2) At distances not exceeding 50 m between the corner spar buoys, yellow spherical buoys not less 7. Number, weight and value of each species of fish held. than 300 mm in diameter. 8. Details of any disease detected in any fish kept. (3) 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 (4) All buoys, posts, crosses and markers must be free from disease). maintained in good condition. 10. If any fish were brought into the state, the number of When the site is in navigable water and possible danger to fish and the life stage of the fish. 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 12. Method of disposal of water and packaging use for mile. transporting the fish. Item 2—Marked-Off Areas 13. If any disease or symptom of disease occurred in the acquired fish. [Co-ordinates of developed areas within the site to be provided by the licensee.] 14. Method of disposal of diseased or dead fish and the number disposed of. White buoys of at least 12 inches in diameter must be placed around the whole of the perimeter of the developed areas within 15. Signature, date and telephone number. the site at a distance of no less than 50 m from one another. 16. Use of any chemicals for fish husbandry—type of SCHEDULE 2 chemical and quantity used, purpose and date of use. Item 1¾Permitted Species SCHEDULE 5 The Director of Fisheries has, pursuant to section 50 (2) of the Approved Environmental Monitoring Program Act, issued a permit for the release of the fish specified in this An Environmental Monitoring Program for the site must Schedule. comply with the general requirements for environmental Pacific Oysters (Crassostrea gigas) monitoring specified in the notes to the Decision Notification Form issued for the site under Regulation 42 of the Development Item 1.1—Fish subject to SASQAP testing Regulations 1993. Pacific Oysters (Crassostrea gigas) The licensee must submit a draft Environmental Monitoring Item 2¾Permitted Farming Methods Program in writing to the General Manager Aquaculture within 60 days after the grant of the licence by the Minister. 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. 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. Item 3¾Stocking Rates Oysters 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2529

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 FM00307 particular must comply with any guidelines issued from (PREVIOUS LICENCE NO. F730A) 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 M. J. and B. Sexton purposes of inspecting the site, the sea floor and the P.O. Box 1069 flora and fauna on or in the vicinity of the site; and Smoky Bay, S.A. 5680, 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 1998 and ending, subject to any 8. Fees and Returns earlier termination under this licence, on 30 June 1999 (‘the The licensee: term’) subject to the following terms and conditions: 8.1 must pay to the Minister the licence fee in accordance CONDITIONS OF THIS LICENCE with Item l of Schedule 3 of this licence; 1. Licence 8.2 must on or before 31 January and 31 July during the The parties acknowledge and agree that: term, submit to the Minister a return supplying all of 1.1 the rights, powers and privileges granted to or vested in the information described in Schedule 4 of this licence. the licensee under this licence are contractual only and 9. Compliance With Relevant Laws shall not create or vest in the licensee any estate, interest or right of a proprietary nature in the site; and 9.1 the licensee must at all times comply with all laws, by- laws or regulations in force which relate to the site or 1.2 that, subject to section 53A of the Fisheries Act 1982, the activities conducted in the site and with all notices, this licence does not entitle the licensee to exclusive orders or requirements lawfully given or made by any rights of entry to and occupation of the site and that authority or authorities in respect of the site; the rights granted by this licence are exercisable by the licensee in common with any other occupiers of the site 9.2 in particular, without derogating from the general from time to time. requirement under condition 9 of this licence: 2. Marked-off Areas 9.2.1 the licensee must not do or permit to be done in upon or about the site anything which in the For the purposes of section 53A of the Fisheries Act 1982, the opinion of the Minister would cause or contribute marked-off areas within the site is that area or those areas to the degradation or pollution of any coastal marked-off or indicated in the manner set out in Item 2 of land or the surrounding marine environment; and Schedule 1 of this licence. 9.2.2 in the event that the Minister is satisfied, on 3. Permitted Species reasonable grounds, that the fish taken from the The licensee: waters are not fit for human consumption or that consumption of fish taken from the waters could 3.1 must not farm or introduce any species at the site other present a danger to the health of the consumer, than the permitted species; and the licensee must, in accordance with a written 3.2 must not take any wild fish from the site except for notice from the Minister, cease or suspend the recreational purposes. conduct of the permitted use or else conduct the permitted use as directed within the notice. 4. Permitted Use The licensee must not use the site for any purpose other than 10. Public Risk Liability the permitted use. The licensee must at all times indemnify the Minister, his 5. officers, employees, contractors and agents from and against all Permitted Methods claims, demands, actions, judgments, proceedings, damages, losses, The licensee: costs, charges and expenses in respect of any loss of life, personal 5.1 must not stock the permitted species at a rate greater injury and/or damage to property caused or suffered in any than that specified in Schedule 2 of this licence; manner in or about the site. 5.2 must not use the anti-fouling chemical tributyltin (TBT) 11. Release on any equipment used at the site; The licensee must use and keep the site at the risk in all things 5.3 must not use any chemical or drug for either therapeutic of the licensee and the licensee must release to the full extent or prophylactic purpose except with the prior approval permitted by law the Minister, his agents, contractors and of the Minister; servants in the absence of any wilful act, omission, default or neglect on their part from all claims and demands of every kind 5.4 must apply the permitted farming methods set out in resulting from any accident damage or injury to persons or Item 2 of Schedule 2 of this licence. property occurring at the site, including loss or damage to the 6. Marking and Maintaining the Site licensee’s fixtures or personal property of the licensee. The licensee: 6.1 must ensure that the site is maintained in a good, tidy and safe condition to the satisfaction of the Minister; 2530 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

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 ; 13.1 provide a guarantee from its bankers; or vice versa 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 ; to and in favour of and for the benefit of the Minister by way of vice versa 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. 15.4.3 the licensee enters into a scheme of arrangement, compromise, moratorium or 20.2 No waiver by the Minister of a breach of a term or other form of composition with its creditors condition contained in this licence shall operate as a or any class of its creditors; waiver of any breach of the same or any other term or condition contained in this licence. 15.4.4 a receiver, a manager or a receiver and manager, a company administrator or other 20.3 No forbearance, delay or indulgence by the Minister insolvency administrator is appointed to the in enforcing the provisions of this licence shall licensee; or prejudice or restrict the rights of the Minister. 15.4.5 a mortgagee, chargee or other encum- 21. Notices brancee is appointed over or takes 21.1 Notices may be served by delivering the same possession of or appoints an agent to take personally, by mail or facsimile transmission and shall possession of all or any of the licensee’s be: assets; or 21.1.1 in writing addressed to the Director of 15.5 if the licensee is an individual, the licensee: Fisheries, PIRSA, 16th Floor, 25 Grenfell 15.5.1 becomes bankrupt or assigns its estate or Street, Adelaide, S.A. 5000 (in the case of enters into a deed of arrangement or other the Minister) and to the address of the 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2531

licensee set out above (in the case of the cross that is located at each corner of the site and these lights licensee); must be yellow in colour and flashing once every 4 seconds and 21.1.2 signed by or on behalf of the sender or by a visible over an arc of 360 degrees for a distance of at least one person duly authorised in that regard by the mile. sender; Item 2—Marked-Off Areas 21.1.3 deemed to be duly served or made in the [Co-ordinates of developed areas within the site to be provided following circumstances: by the licensee.] (a) if delivered, upon delivery; White buoys of at least 12 inches in diameter must be placed if sending by mail, upon posting; around the whole of the perimeter of the developed areas within (b) the site at a distance of no less than 50 m from one another. (c) if sent by facsimile transmission, upon the sender’s facsimile producing a SCHEDULE 2 transmission report that the facsimile Item 1¾Permitted Species was satisfactorily sent in its entirety to The Director of Fisheries has, pursuant to section 50 (2) of the the addressee’s facsimile number, Act, issued a permit for the release of the fish specified in this but if delivery is not made before 5 p.m. on Schedule. any day it shall be deemed to be received at Pacific Oysters 9 a.m. on the next day in that place. (Crassostrea gigas) ¾ 21.2 The Minister and the licensee may each vary their Item 2 Permitted Farming Methods address or facsimile number at any time by written The Director of Fisheries has, pursuant to section 48G (2) of notice. the Act, issued a permit to disturb the seabed for the purpose of installing the structures specified in this Schedule. Granted on behalf of the Minister by Director of Fisheries, delegate of the Minister, on 3 May 1999. Racks G. MORGAN, Director of Fisheries Each unit must not exceed 100 m in length and 2 m in width, and each unit must be at least 6 m from any other unit. The licensee hereby acknowledges and agrees to the terms and conditions of this licence. Item 3¾Stocking Rates Signed by the said M. J. SEXTON Oysters In the presence of: W. A. GREEN, Witness Size (mm) Number per Hectare 3 2 500 000 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 Licensed Area Licensed 60 200 000 Hectares 70 150 000 Zone 53 80 100 000 394938E 6416959N 133°52¢59² -32°22¢45² 2.25 SCHEDULE 3 394991E 6416955N 133°53¢01² -32°22¢45² Item 1—Fees 394961E 6416531N 133°52¢59² -32°22¢59² 394908E 6416535N 133°52¢57² -32°22¢59² $ Environmental Monitoring Program 2.25 at $20 each .. 45.00 All structures, equipment, buoys and flotations (except for that SASQAP (Classified Area) 2.25 at $37 each...... 83.25 required by the Department for Transport, Urban Planning and Base Licence Fee ...... 328.00 the Arts) must be black, dark grey, dark blue, dark brown, or dark Fisheries Research and Development Corporation green coloured materials. Levy ...... 92.60 The boundary of the site to be marked either with: Total Annual Licence Fee...... 548.85 (a) (1) At the corners with posts extending 900 mm above Item 2—Public Risk Insurance mean high water springs. Such posts to be marked with a St Andrews cross, each cross arm measuring Five million dollars ($5 000 000). 900 mm from tip to tip, minimum width 75 mm. SCHEDULE 4 (2) Posts to be not less than 125 mm in diameter. Returns (3) Posts and crosses to be painted yellow. The licensee must submit the following information to the (4) The ends of each cross to be marked with a Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 200 mm strip of yellow retro-reflective tape. Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and 31 July during the term of this licence: (5) Between the corner posts at intervals not exceeding 50 m, buoys not less than 300 mm in diameter. 1. Name of licensee. (6) 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. or 4. Location of aquaculture operation. (b) (1) At each corner, yellow spar buoys with a St 5. Period covered by return. Andrews cross as a top mark placed at least 6. Number of life stage of each species of fish held. 900 mm above the buoy, cross arms 900 mm long x 75 mm wide. 7. Number, weight and value of each species of fish held. (2) At distances not exceeding 50 m between the corner spar buoys, yellow spherical buoys not less than 300 mm in diameter. (3) The buoys and topmarks must all be coloured yellow and marked with a yellow retro-reflective as in (a) (4). (4) All buoys, posts, crosses and markers must be maintained in good condition. When the site is in navigable water and possible danger to navigation, lights must be placed on the top of each St Andrews 2532 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

8. Details of any disease detected in any fish kept. 5.1 must not stock the permitted species at a rate greater 9. Source (whether interstate or intrastate) of any stock than that specified in Schedule 2 of this licence; acquired and date of acquisition (if relevant, include name 5.2 must not use the anti-fouling chemical tributyltin (TBT) of authority that provided certification that stock was on any equipment used at the site; free from disease). 5.3 must not use any chemical or drug for either therapeutic 10. If any fish were brought into the state, the number of or prophylactic purpose except with the prior approval fish and the life stage of the fish. of the Minister; 11. If fish were brought into the state, the purpose for which 5.4 must apply the permitted farming methods set out in they were brought in. Item 2 of Schedule 2 of this licence. 12. Method of disposal of water and packaging use for 6. Marking and Maintaining the Site transporting the fish. The licensee: 13. If any disease or symptom of disease occurred in the 6.1 must ensure that the site is maintained in a good, tidy acquired fish. and safe condition to the satisfaction of the Minister; 14. Method of disposal of diseased or dead fish and the 6.2 must remove and lawfully dispose of any waste or debris number disposed of. on the site as soon as is reasonably practicable and in 15. Signature, date and telephone number. particular must comply with any guidelines issued from 16. Use of any chemicals for fish husbandry—type of time to time by the Minister in relation to the removal chemical and quantity used, purpose and date of use. from the site of any unhealthy or dead fish; 6.3 must maintain all buoys, crosses, and markers on the site in good condition and in accordance with the colours FISHERIES ACT 1982 specified in Schedule 1 of this licence; and MARINE MOLLUSC FARMING LICENCE FM00316 6.4 must mark the site boundary in accordance with the Licence to Farm Fish under section 53 of the Fisheries specifications in Schedule 1 of this licence. Act 1982 7. Site Inspection and Supervision WHEREAS the Director of Fisheries has, pursuant to section The licensee: 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to the undermentioned licensee to release the fish specified in 7.1 must at all times permit the Minister, his employees, Item 1 of Schedule 2 of this licence (‘the permitted species’) and, agents or contractors or any employees, agents or pursuant to section 48G (2) of the Act, the Director of Fisheries contractors of the Crown to enter the site for the has also issued a permit to disturb the seabed for the purpose of purposes of inspecting the site, the sea floor and the installing structures necessary for the licensed activity at the flora and fauna on or in the vicinity of the site; and undermentioned site, the Minister for Primary Industries, Natural 7.2 must comply with all reasonable directions of any such Resources and Regional Development (‘the Minister’) hereby person authorised by the Director of Fisheries to inspect grants to: the conduct of the licensee’s activities at the site. Stephen J. Moriarty 8. Fees and Returns P.O. Box 671 The licensee: Port Lincoln, S.A. 5606, 8.1 must pay to the Minister the licence fee in accordance a non-exclusive licence to occupy and use the waters specified in with Item l of Schedule 3 of this licence; Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of farming and taking the permitted species (‘the permitted use’) for 8.2 must on or before 31 January and 31 July during the the period commencing on 1 April 1999 and ending, subject to term, submit to the Minister a return supplying all of any earlier termination under this licence, on 30 June 1999 (‘the the information described in Schedule 4 of this licence. term’) subject to the following terms and conditions: 9. Compliance With Relevant Laws CONDITIONS OF THIS LICENCE 9.1 the licensee must at all times comply with all laws, by- 1. Licence laws or regulations in force which relate to the site or The parties acknowledge and agree that: the activities conducted in the site and with all notices, orders or requirements lawfully given or made by any 1.1 the rights, powers and privileges granted to or vested in authority or authorities in respect of the site; the licensee under this licence are contractual only and shall not create or vest in the licensee any estate, 9.2 in particular, without derogating from the general interest or right of a proprietary nature in the site; and requirement under condition 9 of this licence: 1.2 that, subject to section 53A of the Fisheries Act 1982, 9.2.1 the licensee must not do or permit to be done in this licence does not entitle the licensee to exclusive upon or about the site anything which in the rights of entry to and occupation of the site and that opinion of the Minister would cause or contribute the rights granted by this licence are exercisable by the to the degradation or pollution of any coastal licensee in common with any other occupiers of the site land or the surrounding marine environment; and from time to time. 9.2.2 in the event that the Minister is satisfied, on 2. Marked-off Areas reasonable grounds, that the fish taken from the waters are not fit for human consumption or that For the purposes of section 53A of the Fisheries Act 1982, the consumption of fish taken from the waters could marked-off areas within the site is that area or those areas present a danger to the health of the consumer, marked-off or indicated in the manner set out in Item 2 of the licensee must, in accordance with a written Schedule 1 of this licence. notice from the Minister, cease or suspend the 3. Permitted Species conduct of the permitted use or else conduct the The licensee: permitted use as directed within the notice. 3.1 must not farm or introduce any species at the site other than the permitted species; and 3.2 must not take any wild fish from the site except for recreational purposes. 4. Permitted Use The licensee must not use the site for any purpose other than the permitted use. 5. Permitted Methods The licensee: 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2533

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 licensee; or 11. Release 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 ; 13.1 provide a guarantee from its bankers; or vice versa 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 ; to and in favour of and for the benefit of the Minister by way of vice versa security for the due and punctual performance by the licensee of 16.4 a reference to a recital, party, clause, Schedule or the terms and conditions of this licence and in particular the Annexure is a reference to a recital, party, clause, obligations of the licensee to rehabilitate the site immediately Schedule or Annexure of this licence; prior to the expiration or sooner determination of the term of 16.5 the captions, headings, section numbers and clause this licence. Such guarantee or indemnity scheme must have numbers appearing in this licence are inserted only as effect from the date of commencement of the term. a matter of convenience and in no way affect the 14. No Assignment construction of this licence; The licensee acknowledges that this licence is personal and it 16.6 a reference to a statute shall include all statutes must not assign or sublet or deal in any other way with any amending, consolidating or replacing the statutes interest in this licence. referred to; 15. Default by Licensee and Termination 16.7 where two or more persons are named as licensees, this licence shall bind the licensees jointly and each of The Minister may terminate this licence immediately by notice them severally; and in writing served on the licensee if: 16.8 time is of the essence in respect of any obligation 15.1 the licensee commits or permits any breach or relating to time in this licence. default of the obligations imposed on the licensee by this licence, and following the giving by the Minister 17. Delegation of written notice of such breach or default, the Any consent, notice, any consultation or any other thing licensee either fails to rectify such breach or default which is pursuant to the terms of this licence either required to be within one calendar month of the date of such notice given, done or performed or which may be given, done or (or earlier if the circumstances require) or fails to performed by the Minister may for the purposes of this licence be make diligent progress towards rectifying any such properly given, done or performed by any duly authorised agent breach which is incapable of rectification within the or employee of the Minister. time so limited; or 18. Severance 15.2 the licensee commits or permits any further breach or default of the obligations imposed on the licensee If any term or condition of this licence should be for any by this licence for which the Minister has previously reason unlawful, void, invalid or unenforceable then the offending given notice in writing of such breach or default term or condition shall be severed from this licence without pursuant to paragraph 1 of condition 15.1 notwith- affecting the validity or enforceability of the remainder of this standing rectification of the previous breach or licence. default; or 19. Modification 15.3 the licence fee referred to in condition 8 is unpaid No variation of or addition to any provision of this licence for a period of 14 days after notice has been given to shall be binding upon the Minister and the licensee unless such the licensee that it is outstanding; or variation or addition is made in writing, signed by both the 15.4 if the licensee is a body corporate, any of the Minister and the licensee and expressed to be either supplemental following occur: to or in substitution for the whole or a part of this licence. 15.4.1 the licensee is unable to pay its debts as and when they fall due or is otherwise insolvent; 15.4.2 an order is made for the winding up or liquidation of the licensee; 2534 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

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) (1) At each corner, yellow spar buoys with a St condition contained in this licence shall operate as a Andrews cross as a top mark placed at least waiver of any breach of the same or any other term 900 mm above the buoy, cross arms 900 mm long x or condition contained in this licence. 75 mm wide. 20.3 No forbearance, delay or indulgence by the Minister (2) At distances not exceeding 50 m between the in enforcing the provisions of this licence shall corner spar buoys, yellow spherical buoys not less prejudice or restrict the rights of the Minister. than 300 mm in diameter. 21. Notices (3) The buoys and topmarks must all be coloured 21.1 Notices may be served by delivering the same yellow and marked with a yellow retro-reflective as personally, by mail or facsimile transmission and shall in (a) (4). be: (4) All buoys, posts, crosses and markers must be 21.1.1 in writing addressed to the Director of maintained in good condition. Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 (in the case of When the site is in navigable water and possible danger to the Minister) and to the address of the navigation, lights must be placed on the top of each St Andrews licensee set out above (in the case of the cross that is located at each corner of the site and these lights licensee); must be yellow in colour and flashing once every 4 seconds and visible over an arc of 360 degrees for a distance of at least one 21.1.2 signed by or on behalf of the sender or by a mile. person duly authorised in that regard by the sender; Item 2—Marked-Off Areas [Co-ordinates of developed areas within the site to be provided 21.1.3 deemed to be duly served or made in the by the licensee.] following circumstances: White buoys of at least 12 inches in diameter must be placed (a) if delivered, upon delivery; around the whole of the perimeter of the developed areas within (b) if sending by mail, upon posting; the site at a distance of no less than 50 m from one another. (c) if sent by facsimile transmission, upon SCHEDULE 2 the sender’s facsimile producing a ¾ transmission report that the facsimile Item 1 Permitted Species was satisfactorily sent in its entirety to The Director of Fisheries has, pursuant to section 50 (2) of the the addressee’s facsimile number, Act, issued a permit for the release of the fish specified in this Schedule. but if delivery is not made before 5 p.m. on any day it shall be deemed to be received at Pacific Oysters (Crassostrea gigas) 9 a.m. on the next day in that place. Item 2¾Permitted Farming Methods 21.2 The Minister and the licensee may each vary their The Director of Fisheries has, pursuant to section 48G (2) of address or facsimile number at any time by written the Act, issued a permit to disturb the seabed for the purpose of notice. installing the structures specified in this Schedule. Granted on behalf of the Minister by Director of Fisheries, Racks delegate of the Minister, on 3 May 1999. Each unit must not exceed 100 m in length and 2 m in width, G. MORGAN, Director of Fisheries and each unit must be at least 6 m from any other unit. The Common Seal of Spiny Dragon International Pty Ltd was Item 3¾Stocking Rates hereunto affixed in the presence of: Oysters (L.S.) S. J. MORIARTY, Director Size (mm) Number per Hectare H. M. MORIARTY, Witness 3 2 500 000 SCHEDULE 1 10 1 600 000 20 1 100 000 Item 1—The Site 30 750 000 Area applicable to this licence: 40 500 000 Licensed Area Licensed 50 350 000 Hectares 60 200 000 Zone 53 70 150 000 80 100 000 543819E 6169937N 135°28¢40² -34°36¢40² 2 543819E 6169737N 135°28¢40² -34°36¢47² SCHEDULE 3 543919E 6169737N 135°28¢44² -34°36¢47² Item 1—Fees 543919E 6169937N 135°28¢44² -34°36¢40² Fees for the period 1 April 1999 to 30 June 1999. 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 Environmental Monitoring Program 2 at $20 each ...... 40.00 green coloured materials. SASQAP (Classified Area) 2 at $37 each...... 74.00 Base Licence Fee ...... 82.00 The boundary of the site to be marked either with: Fisheries Research and Development Corporation (a) (1) At the corners with posts extending 900 mm above Levy ...... 23.15 mean high water springs. Such posts to be marked Total Annual Licence Fee...... 219.15 with a St Andrews cross, each cross arm measuring 900 mm from tip to tip, minimum width 75 mm. Item 2—Public Risk Insurance 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. (4) The ends of each cross to be marked with a Returns 200 mm strip of yellow retro-reflective tape. The licensee must submit the following information to the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2535

Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and The licensee: 31 July during the term of this licence: 3.1 must not farm or introduce any species at the site other 1. Name of licensee. than the permitted species; and 2. Address of licensee. 3.2 must not take any wild fish from the site except for 3. Species of fish farmed and held on the site. recreational purposes. 4. Location of aquaculture operation. 4. Permitted Use 5. Period covered by return. The licensee must not use the site for any purpose other than the permitted use. 6. Number of life stage of each species of fish held. 5. Permitted Methods 7. Number, weight and value of each species of fish held. The licensee: 8. Details of any disease detected in any fish kept. 5.1 must not stock the permitted species at a rate greater 9. Source (whether interstate or intrastate) of any stock than that specified in Schedule 2 of this licence; acquired and date of acquisition (if relevant, include name of authority that provided certification that stock was 5.2 must not use the anti-fouling chemical tributyltin (TBT) free from disease). on any equipment used at the site; 10. If any fish were brought into the state, the number of 5.3 must not use any chemical or drug for either therapeutic fish and the life stage of the fish. or prophylactic purpose except with the prior approval of the Minister; 11. If fish were brought into the state, the purpose for which they were brought in. 5.4 must apply the permitted farming methods set out in Schedule 2 of this licence. 12. Method of disposal of water and packaging use for transporting the fish. 6. Sea Cages 13. If any disease or symptom of disease occurred in the The licensee: acquired fish. 6.1 must ensure that all sea cages on the site have anti- 14. Method of disposal of diseased or dead fish and the predator protection satisfactory to the Minister at all number disposed of. times during the term; and 15. Signature, date and telephone number. 6.2 must immediately inform an officer of PIRSA (Fisheries) on 1800 065 522 or such other officer as the 16. Use of any chemicals for fish husbandry—type of Minister from time to time notifies to the licensee in chemical and quantity used, purpose and date of use. writing if any marine animal, other than the permitted species, is caught in any sea cage or other farm structure used by the licensee on the site. FISHERIES ACT 1982 7. Location of Sea Cages MARINE TUNA FARMING LICENCE FB00001 (PREVIOUS LICENCE NO. F608) The licensee must not erect or use any sea cages in any location on the site where stocked sea cages have been used in the Licence to Farm Fish under section 53 of the Fisheries immediately preceding two year period. Act 1982 8. Marking and Maintaining the Site WHEREAS the Director of Fisheries has, pursuant to section 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to The licensee: the undermentioned licensee to release the fish specified in 8.1 must ensure that the site is maintained in a good, tidy Schedule 2 of this licence (‘the permitted species’) and, pursuant and safe condition to the satisfaction of the Minister; to section 48G (2) of the Act, the Director of Fisheries has also issued a permit to disturb the seabed for the purpose of installing 8.2 must remove and lawfully dispose of any waste or debris structures necessary for the licensed activity at the below on the site as soon as is reasonably practicable and in mentioned site, the Minister for Primary Industries, Natural particular must comply with any guidelines issued from Resources and Regional Development (‘the Minister’) hereby time to time by the Minister in relation to the removal grants to: from the site of any unhealthy or dead fish; Emily Krstina (Australia) Pty Ltd 8.3 must maintain all buoys, crosses, and markers on the site P.O. Box 792 in good condition and in accordance with the colours Port Lincoln, S.A. 5606, specified in Schedule 1 of this licence; and a non-exclusive licence to occupy and use the waters specified in 8.4 must mark the site boundary in accordance with the Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of specifications in Schedule 1 of this licence. farming and taking the permitted species (‘the permitted use’) for 9. Site Inspection and Supervision the period commencing on 1 July 1998 and ending, subject to any The licensee: earlier termination under this licence, on 30 June 1999 (‘the term’) subject to the following terms and conditions: 9.1 must at all times permit the Minister, his employees, agents or contractors or any employees, agents or CONDITIONS OF THIS LICENCE contractors of the Crown to enter the site for the 1. Licence purposes of inspecting the site, the sea floor and the The parties acknowledge and agree that: flora and fauna on or in the vicinity of the site; and 1.1 the rights, powers and privileges granted to or vested in 9.2 must comply with all reasonable directions of any such the licensee under this licence are contractual only and person authorised by the Director of Fisheries to inspect shall not create or vest in the licensee any estate, the conduct of the licensee’s activities at the site. interest or right of a proprietary nature in the site; and 1.2 that, subject to section 53A of the Fisheries Act 1982, this licence does not entitle the licensee to exclusive rights of entry to and occupation of the site and that the rights granted by this licence are exercisable by the licensee in common with any other occupiers of the site from time to time. 2. Marked-off Areas For the purposes of section 53A of the Fisheries Act 1982, the 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. 3. Permitted Species 2536 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

10. Fees and Returns to and in favour of and for the benefit of the Minister by way of The licensee: security for the due and punctual performance by the licensee of the terms and conditions of this licence and in particular the 10.1 must pay to the Minister the licence fee in obligations of the licensee to rehabilitate the site immediately accordance with Item l of Schedule 3 of this licence; prior to the expiration or sooner determination of the term of 10.2 must on or before 31 January and 31 July during the this licence. Such guarantee or indemnity scheme must have term, submit to the Minister a return supplying all of effect from the date of commencement of the term. the information described in Schedule 4 of this 16. No Assignment licence. The licensee acknowledges that this licence is personal and it 11. Compliance With Relevant Laws must not assign or sublet or deal in any other way with any 11.1 the licensee must at all times comply with all laws, interest in this licence. by-laws or regulations in force which relate to the site 17. Default by Licensee and Termination or the activities conducted in the site and with all notices, orders or requirements lawfully given or made The Minister may terminate this licence immediately by notice by any authority or authorities in respect of the site; in writing served on the licensee if: 11.2 in particular, without derogating from the general 17.1 the licensee commits or permits any breach or requirement under condition 11 of this licence: default of the obligations imposed on the licensee by this licence, and following the giving by the Minister 11.2.1 the licensee must not do or permit to be of written notice of such breach or default, the done in upon or about the site anything licensee either fails to rectify such breach or default which in the opinion of the Minister would within one calendar month of the date of such notice cause or contribute to the degradation or (or earlier if the circumstances require) or fails to pollution of any coastal land or the make diligent progress towards rectifying any such surrounding marine environment; and breach which is incapable of rectification within the 11.2.2 in the event that the Minister is satisfied, on time so limited; or reasonable grounds, that the fish taken from 17.2 the licensee commits or permits any further breach the waters are not fit for human or default of the obligations imposed on the licensee consumption or that consumption of fish by this licence for which the Minister has previously taken from the waters could present a danger given notice in writing of such breach or default to the health of the consumer, the licensee pursuant to paragraph 1 of condition 17.1 notwith- must, in accordance with a written notice standing rectification of the previous breach or from the Minister, cease or suspend the default; or conduct of the permitted use or else conduct the permitted use as directed within the 17.3 the licence fee referred to in condition 10 is unpaid notice. for a period of 14 days after notice has been given to the licensee that it is outstanding; or 12. Public Risk Indemnity 17.4 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, 17.4.1 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 17.4.2 an order is made for the winding up or manner in or about the site. liquidation of the licensee; 13. Release 17.4.3 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 17.4.4 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. 17.4.5 a mortgagee, chargee or other encum- 14. 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 17.5 if the licensee is an individual, the licensee: public risk shall not be less than the amount specified in Item 2 of 17.5.1 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 17.5.2 is convicted of an indictable offence. being made by the Minister for its production. Termination of this licence by the Minister shall be 15. Guarantee or Indemnity Scheme without prejudice to any rights, remedies or actions that the Minister may have against the licensee in The licensee must either: respect of any antecedent breach by the licensee of 15.1 provide a guarantee from its bankers; or the terms and conditions contained in this licence. 15.2 contribute to an indemnity scheme established for 18. Interpretation the aquaculture and fisheries industry and approved by Subject to any inconsistency of subject or context, the the Minister, following rules of construction shall be used in the interpretation of this licence: 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2537

18.1 any word importing the plural includes the singular was satisfactorily sent in its entirety to and vice versa; the addressee’s facsimile number, 18.2 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 18.3 a reference to a body corporate shall include a 9 a.m. on the next day in that place. natural person and vice versa; 23.2 The Minister and the licensee may each vary their 18.4 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, 18.5 the captions, headings, section numbers and clause delegate of the Minister, on 5 May 1999. numbers appearing in this licence are inserted only as G. MORGAN, Director of Fisheries a matter of convenience and in no way affect the The licensee hereby acknowledges and agrees to the terms and construction of this licence; conditions of this licence. 18.6 a reference to a statute shall include all statutes The Common Seal of Emily Krstina (Australia) Pty Ltd was amending, consolidating or replacing the statutes hereunto affixed in the presence of: referred to; (L.S.) T. M. SANTIL, Director 18.7 where two or more persons are named as licensees, this licence shall bind the licensees jointly and each of C. SANTIL, Secretary them severally; and SCHEDULE 1 18.8 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: 19. 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 Zone 53 given, done or performed or which may be given, done or performed by the Minister may for the purposes of this licence be 586382E 6156505N 135°56¢36² -34°43¢47² 8 properly given, done or performed by any duly authorised agent 586048E 6156740N 135°56¢23² -34°43¢39² or employee of the Minister. 586156E 6156896N 135°56¢27² -34°43¢34² 586487E 6156663N 135°56¢40² -34°43¢42² 20. 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 licence. The boundary of the site to be marked either with: 21. Modification (a) (1) At the corners with posts extending 900 mm above 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 Minister and the licensee and expressed to be either supplemental (2) Posts to be not less than 125 mm in diameter. to or in substitution for the whole or a part of this licence. (3) Posts and crosses to be painted yellow. 22. Waiver (4) The ends of each cross to be marked with a 22.1 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 22.2 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 waiver of any breach of the same or any other term or or condition contained in this licence. (b) (1) At each corner, yellow spar buoys with a St 22.3 No forbearance, delay or indulgence by the Minister Andrews cross as a top mark placed at least in enforcing the provisions of this licence shall 900 mm above the buoy, cross arms 900 mm long x prejudice or restrict the rights of the Minister. 75 mm wide. 23. (2) At distances not exceeding 50 m between the Notices corner spar buoys, yellow spherical buoys not less 23.1 Notices may be served by delivering the same than 300 mm in diameter. personally, by mail or facsimile transmission and shall be: (3) The buoys and topmarks must all be coloured yellow and marked with a yellow retro-reflective as 23.1.1 in writing addressed to the Director of in (a) (4). Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 (in the case of (4) All buoys, posts, crosses and markers must be the Minister) and to the address of the maintained in good condition. 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 yellow in colour and flashing once 23.1.2 signed by or on behalf of the sender or by a every 4 seconds and visible over an arc of 360 degrees for a person duly authorised in that regard by the distance of at least one mile. sender; All sea cages on the site must be marked with a unique sea 23.1.3 deemed to be duly served or made in the cage number and the site’s unique ‘FB number’; that is, the following circumstances: licence number. All St Andrew’s crosses must be marked with the site’s unique ‘FB number’; that is the licence number. (a) if delivered, upon delivery; (b) if sending by mail, upon posting; (c) if sent by facsimile transmission, upon the sender’s facsimile producing a transmission report that the facsimile 2538 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

Item 2—Marked-Off Areas FISHERIES ACT 1982 Marked-off areas must be marked with no less the 8 equally MARINE TUNA FARMING LICENCE FB00010 spaced white buoys, each of at least 12 inches in diameter, each positioned no more than 70 m from each relevant sea cage Licence to Farm Fish under section 53 of the Fisheries situated on the site. Act 1982 WHEREAS the Director of Fisheries has, pursuant to section SCHEDULE 2 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to Permitted Species the undermentioned licensee to release the fish specified in The Director of Fisheries has, pursuant to section 50 (2) of the Schedule 2 of this licence (‘the permitted species’) and, pursuant Act, issued a permit for the release of the fish specified in this to section 48G (2) of the Act, the Director of Fisheries has also Schedule. issued a permit to disturb the seabed for the purpose of installing structures necessary for the licensed activity at the below Southern Bluefin Tuna (Thunnus maccoyii) mentioned site, the Minister for Primary Industries, Natural Permitted Farming Methods Resources and Regional Development (‘the Minister’) hereby grants to: The Director of Fisheries has, pursuant to section 48G (2) of the Act, issued a permit to disturb the seabed for the purpose of Emily Krstina (Australia) Pty Ltd installing the structures specified in this Schedule. P.O. Box 792 Port Lincoln, S.A. 5606, Sea Cages 10 a non-exclusive licence to occupy and use the waters specified in Stocking Rates Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of The maximum weight of fish introduced into the site must not farming and taking the permitted species (‘the permitted use’) for exceed 25 tonnes in total during the term of the licence. the period commencing on 1 July 1998 and ending, subject to any earlier termination under this licence, on 30 June 1999 (‘the The maximum stocking density of fish introduced into the site term’) subject to the following terms and conditions: must not exceed 4 kg/m 3. CONDITIONS OF THIS LICENCE SCHEDULE 3 1. Licence Item 1—Fees The parties acknowledge and agree that: Annual licence fees are: 1.1 the rights, powers and privileges granted to or vested in $ the licensee under this licence are contractual only and TEMP Environmental Monitoring Fee 8 at $126.70 shall not create or vest in the licensee any estate, each...... 1 013.60 interest or right of a proprietary nature in the site; and Base Licence Fee 8 at $321.34 each...... 2 570.72 1.2 that, subject to section 53A of the Fisheries Act 1982, Total Annual Licence Fe e ...... 3 584.32 this licence does not entitle the licensee to exclusive rights of entry to and occupation of the site and that Item 2—Public Risk Insurance the rights granted by this licence are exercisable by the Five million dollars ($5 000 000). licensee in common with any other occupiers of the site SCHEDULE 4 from time to time. Returns 2. Marked-off Areas The licensee must submit the following information to the For the purposes of section 53A of the Fisheries Act 1982, the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 marked-off areas within the site is that area or those areas Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and marked-off or indicated in the manner set out in Item 2 of 31 July during the term of this licence: Schedule 1 of this licence. 1. Name of licensee. 3. Permitted Species 2. Address of licensee. The licensee: 3. Species of fish farmed and held on the site. 3.1 must not farm or introduce any species at the site other than the permitted species; and 4. Location of aquaculture operation. 3.2 must not take any wild fish from the site except for 5. Period covered by return. recreational purposes. 6. Number of life stage of each species of fish held. 4. Permitted Use 7. Number, weight and value of each species of fish held. The licensee must not use the site for any purpose other than 8. Details of any disease detected in any fish kept. the permitted use. 9. Source (whether interstate or intrastate) of any stock 5. Permitted Methods acquired and date of acquisition (if relevant, include name The licensee: of authority that provided certification that stock was free from disease). 5.1 must not stock the permitted species at a rate greater than that specified in Schedule 2 of this licence; 10. If any fish were brought into the state, the number of fish and the life stage of the fish. 5.2 must not use the anti-fouling chemical tributyltin (TBT) on any equipment used at the site; 11. If fish were brought into the state, the purpose for which they were brought in. 5.3 must not use any chemical or drug for either therapeutic or prophylactic purpose except with the prior approval 12. Method of disposal of water and packaging use for of the Minister; transporting the fish. 5.4 must apply the permitted farming methods set out in 13. If any disease or symptom of disease occurred in the Schedule 2 of this licence. acquired fish. 6. Sea Cages 14. Method of disposal of diseased or dead fish and the number disposed of. The licensee: 15. Signature, date and telephone number. 6.1 must ensure that all sea cages on the site have anti- predator protection satisfactory to the Minister at all 16. Use of any chemicals for fish husbandry—type of times during the term; and chemical and quantity used, purpose and date of use. 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2539

6.2 must immediately inform an officer of PIRSA 12. Public Risk Indemnity (Fisheries) on 1800 065 522 or such other officer as the The licensee must at all times indemnify the Minister, his Minister from time to time notifies to the licensee in officers, employees, contractors and agents from and against all writing if any marine animal, other than the permitted claims, demands, actions, judgments, proceedings, damages, losses, species, is caught in any sea cage or other farm structure costs, charges and expenses in respect of any loss of life, personal used by the licensee on the site. injury and/or damage to property caused or suffered in any 7. Location of Sea Cages manner in or about the site. The licensee must not erect or use any sea cages in any 13. Release location on the site where stocked sea cages have been used in the The licensee must use and keep the site at the risk in all things immediately preceding two year period. of the licensee and the licensee must release to the full extent 8. Marking and Maintaining the Site permitted by law the Minister, his agents, contractors and The licensee: servants in the absence of any wilful act, omission, default or neglect on their part from all claims and demands of every kind 8.1 must ensure that the site is maintained in a good, tidy resulting from any accident damage or injury to persons or and safe condition to the satisfaction of the Minister; property occurring at the site, including loss or damage to the 8.2 must remove and lawfully dispose of any waste or debris licensee’s fixtures or personal property of the licensee. on the site as soon as is reasonably practicable and in 14. Public Risk Insurance particular must comply with any guidelines issued from time to time by the Minister in relation to the removal The licensee shall at its own cost and expense during the term from the site of any unhealthy or dead fish; effect and keep in full force and effect in respect of the site and the permitted use a policy of public risk insurance in the joint 8.3 must maintain all buoys, crosses, and markers on the site names of the licensee and the Minister in which the limits of in good condition and in accordance with the colours public risk shall not be less than the amount specified in Item 2 of specified in Schedule 1 of this licence; and Schedule 3 of this licence, or such further amount as the Minister 8.4 must mark the site boundary in accordance with the may from time to time reasonably require, as the amount which specifications in Schedule 1 of 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 9. Site Inspection and Supervision produced by the licensee to the Minister on request in writing The licensee: being made by the Minister for its production. 9.1 must at all times permit the Minister, his employees, 15. Guarantee or Indemnity Scheme agents or contractors or any employees, agents or The licensee must either: contractors of the Crown to enter the site for the purposes of inspecting the site, the sea floor and the 15.1 provide a guarantee from its bankers; or flora and fauna on or in the vicinity of the site; and 15.2 contribute to an indemnity scheme established for 9.2 must comply with all reasonable directions of any such the aquaculture and fisheries industry and approved by person authorised by the Director of Fisheries to inspect the Minister, the conduct of the licensee’s activities at the site. to and in favour of and for the benefit of the Minister by way of 10. Fees and Returns security for the due and punctual performance by the licensee of the terms and conditions of this licence and in particular the The licensee: obligations of the licensee to rehabilitate the site immediately 10.1 must pay to the Minister the licence fee in prior to the expiration or sooner determination of the term of accordance with Item l of Schedule 3 of this licence; this licence. Such guarantee or indemnity scheme must have effect from the date of commencement of the term. 10.2 must on or before 31 January and 31 July during the term, submit to the Minister a return supplying all of 16. No Assignment the information described in Schedule 4 of this The licensee acknowledges that this licence is personal and it licence. must not assign or sublet or deal in any other way with any 11. Compliance With Relevant Laws interest in this licence. 11.1 the licensee must at all times comply with all laws, 17. Default by Licensee and Termination by-laws or regulations in force which relate to the site The Minister may terminate this licence immediately by notice or the activities conducted in the site and with all in writing served on the licensee if: notices, orders or requirements lawfully given or made by any authority or authorities in respect of the site; 17.1 the licensee commits or permits any breach or default of the obligations imposed on the licensee by 11.2 in particular, without derogating from the general this licence, and following the giving by the Minister requirement under condition 11 of this licence: of written notice of such breach or default, the 11.2.1 the licensee must not do or permit to be licensee either fails to rectify such breach or default done in upon or about the site anything within one calendar month of the date of such notice which in the opinion of the Minister would (or earlier if the circumstances require) or fails to cause or contribute to the degradation or make diligent progress towards rectifying any such pollution of any coastal land or the breach which is incapable of rectification within the surrounding marine environment; and time so limited; or 11.2.2 in the event that the Minister is satisfied, on 17.2 the licensee commits or permits any further breach reasonable grounds, that the fish taken from or default of the obligations imposed on the licensee the waters are not fit for human by this licence for which the Minister has previously consumption or that consumption of fish given notice in writing of such breach or default taken from the waters could present a danger pursuant to paragraph 1 of condition 17.1 notwith- to the health of the consumer, the licensee standing rectification of the previous breach or must, in accordance with a written notice default; or from the Minister, cease or suspend the 17.3 the licence fee referred to in condition 10 is unpaid conduct of the permitted use or else conduct for a period of 14 days after notice has been given to the permitted use as directed within the the licensee that it is outstanding; or notice. 17.4 if the licensee is a body corporate, any of the following occur: 2540 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

17.4.1 the licensee is unable to pay its debts as and 21. Modification when they fall due or is otherwise insolvent; No variation of or addition to any provision of this licence 17.4.2 an order is made for the winding up or shall be binding upon the Minister and the licensee unless such liquidation of the licensee; variation or addition is made in writing, signed by both the 17.4.3 the licensee enters into a scheme of Minister and the licensee and expressed to be either supplemental arrangement, compromise, moratorium or to or in substitution for the whole or a part of this licence. other form of composition with its creditors 22. Waiver or any class of its creditors; 22.1 A waiver of any provision of this licence by the 17.4.4 a receiver, a manager or a receiver and Minister must both be in writing and be signed by the manager, a company administrator or other Minister or by persons duly authorised to execute such insolvency administrator is appointed to the a document on the Minister’s part. licensee; or 22.2 No waiver by the Minister of a breach of a term or 17.4.5 a mortgagee, chargee or other encum- condition contained in this licence shall operate as a brancee is appointed over or takes waiver of any breach of the same or any other term possession of or appoints an agent to take or condition contained in this licence. possession of all or any of the licensee’s 22.3 No forbearance, delay or indulgence by the Minister assets; or in enforcing the provisions of this licence shall 17.5 if the licensee is an individual, the licensee: prejudice or restrict the rights of the Minister. 17.5.1 becomes bankrupt or assigns its estate or 23. Notices enters into a deed of arrangement or other 23.1 Notices may be served by delivering the same form of composition for the benefit of the personally, by mail or facsimile transmission and shall licensee’s creditors; or be: 17.5.2 is convicted of an indictable offence. 23.1.1 in writing addressed to the Director of Termination of this licence by the Minister shall be Fisheries, PIRSA, 16th Floor, 25 Grenfell without prejudice to any rights, remedies or actions Street, Adelaide, S.A. 5000 (in the case of that the Minister may have against the licensee in the Minister) and to the address of the respect of any antecedent breach by the licensee of licensee set out above (in the case of the the terms and conditions contained in this licence. licensee); 18. Interpretation 23.1.2 signed by or on behalf of the sender or by a Subject to any inconsistency of subject or context, the person duly authorised in that regard by the following rules of construction shall be used in the interpretation sender; of this licence: 23.1.3 deemed to be duly served or made in the 18.1 any word importing the plural includes the singular following circumstances: and vice versa; (a) if delivered, upon delivery; 18.2 any wording importing a gender shall include all (b) if sending by mail, upon posting; other genders; (c) if sent by facsimile transmission, upon 18.3 a reference to a body corporate shall include a the sender’s facsimile producing a natural person and vice versa; transmission report that the facsimile 18.4 a reference to a recital, party, clause, Schedule or was satisfactorily sent in its entirety to Annexure is a reference to a recital, party, clause, the addressee’s facsimile number, Schedule or Annexure of this licence; but if delivery is not made before 5 p.m. on 18.5 the captions, headings, section numbers and clause any day it shall be deemed to be received at numbers appearing in this licence are inserted only as 9 a.m. on the next day in that place. a matter of convenience and in no way affect the 23.2 The Minister and the licensee may each vary their construction of this licence; address or facsimile number at any time by written 18.6 a reference to a statute shall include all statutes notice. amending, consolidating or replacing the statutes Granted on behalf of the Minister by Director of Fisheries, referred to; delegate of the Minister, on 5 May 1999. 18.7 where two or more persons are named as licensees, G. MORGAN, Director of Fisheries this licence shall bind the licensees jointly and each of The licensee hereby acknowledges and agrees to the terms and them severally; and conditions of this licence. 18.8 time is of the essence in respect of any obligation The Common Seal of Emily Krstina (Australia) Pty Ltd was relating to time in this licence. hereunto affixed in the presence of: 19. Delegation (L.S.) T. M. SANTIL, Director Any consent, notice, any consultation or any other thing C. SANTIL, Secretary which is pursuant to the terms of this licence either required to be given, done or performed or which may be given, done or SCHEDULE 1 performed by the Minister may for the purposes of this licence be Item 1—The Site properly given, done or performed by any duly authorised agent or employee of the Minister. Area applicable to this licence: 20. Severance Licensed Area Licensed Hectares If any term or condition of this licence should be for any Zone 53 reason unlawful, void, invalid or unenforceable then the offending term or condition shall be severed from this licence without 589078E 6160618N 135°58¢21² -34°41¢32² 30 affecting the validity or enforceability of the remainder of this 589634E 6160846N 135°58¢42² -34°41¢25² licence. 589824E 6160383N 135°58¢50² -34°41¢40² 589269E 6160155N 135°58¢28² -34°41¢47² 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2541

All structures, equipment, buoys and flotations (except for that SCHEDULE 4 required by the Department for Transport, Urban Planning and the Arts) must be black, dark grey, dark blue, dark brown, or dark Returns green coloured materials. The licensee must submit the following information to the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 The boundary of the site to be marked either with: Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and (a) (1) At the corners with posts extending 900 mm above 31 July during the term of this licence: mean high water springs. Such posts to be marked 1. Name of licensee. with a St Andrews cross, each cross arm measuring 900 mm from tip to tip, minimum width 75 mm. 2. Address of licensee. (2) Posts to be not less than 125 mm in diameter. 3. Species of fish farmed and held on the site. (3) Posts and crosses to be painted yellow. 4. Location of aquaculture operation. (4) The ends of each cross to be marked with a 5. Period covered by return. 200 mm strip of yellow retro-reflective tape. 6. Number of life stage of each species of fish held. (5) Between the corner posts at intervals not exceeding 7. Number, weight and value of each species of fish held. 50 m, buoys not less than 300 mm in diameter. 8. Details of any disease detected in any fish kept. (6) All buoys, posts, crosses and markers must be maintained in good condition. 9. Source (whether interstate or intrastate) of any stock acquired and date of acquisition (if relevant, include name or of authority that provided certification that stock was (b) (1) At each corner, yellow spar buoys with a St free from disease). Andrews cross as a top mark placed at least 10. If any fish were brought into the state, the number of 900 mm above the buoy, cross arms 900 mm long x fish and the life stage of the fish. 75 mm wide. 11. If fish were brought into the state, the purpose for which (2) At distances not exceeding 50 m between the they were brought in. corner spar buoys, yellow spherical buoys not less than 300 mm in diameter. 12. Method of disposal of water and packaging use for transporting the fish. (3) The buoys and topmarks must all be coloured yellow and marked with a yellow retro-reflective as 13. If any disease or symptom of disease occurred in the in (a) (4). acquired fish. (4) All buoys, posts, crosses and markers must be 14. Method of disposal of diseased or dead fish and the maintained in good condition. number disposed of. When the site is in navigable water and possible danger to 15. Signature, date and telephone number. navigation, lights must be yellow in colour and flashing once 16. Use of any chemicals for fish husbandry—type of every 4 seconds and visible over an arc of 360 degrees for a chemical and quantity used, purpose and date of use. distance of at least one mile. All sea cages on the site must be marked with a unique sea cage number and the site’s unique ‘FB number’; that is, the FISHERIES ACT 1982 licence number. All St Andrew’s crosses must be marked with the MARINE TUNA FARMING LICENCE FB00006 site’s unique ‘FB number’; that is the licence number. (PREVIOUS LICENCE NO. F605) Item 2—Marked-Off Areas Licence to Farm Fish under section 53 of the Fisheries Marked-off areas must be marked with no less the 8 equally Act 1982 spaced white buoys, each of at least 12 inches in diameter, each WHEREAS the Director of Fisheries has, pursuant to section positioned no more than 70 m from each relevant sea cage 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to situated on the site. the undermentioned licensee to release the fish specified in SCHEDULE 2 Schedule 2 of this licence (‘the permitted species’) and, pursuant to section 48G (2) of the Act, the Director of Fisheries has also Permitted Species issued a permit to disturb the seabed for the purpose of installing The Director of Fisheries has, pursuant to section 50 (2) of the structures necessary for the licensed activity at the below Act, issued a permit for the release of the fish specified in this mentioned site, the Minister for Primary Industries, Natural Schedule. Resources and Regional Development (‘the Minister’) hereby grants to: Southern Bluefin Tuna (Thunnus maccoyii) Ajka Pty Ltd Permitted Farming Methods Australian Bluefin Pty Ltd The Director of Fisheries has, pursuant to section 48G (2) of Emily Krstina (Australia) Pty Ltd the Act, issued a permit to disturb the seabed for the purpose of Kinkawooka Pty Ltd installing the structures specified in this Schedule. P.O. Box 462 Port Lincoln, S.A. 5606, Sea Cages 14 a non-exclusive licence to occupy and use the waters specified in Stocking Rates Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of The maximum weight of fish introduced into the site must not farming and taking the permitted species (‘the permitted use’) for exceed 400 tonnes in total during the term of the licence. the period commencing on 1 July 1998 and ending, subject to any The maximum stocking density of fish introduced into the site earlier termination under this licence, on 30 June 1999 (‘the 3 term’) subject to the following terms and conditions: must not exceed 4 kg/m . CONDITIONS OF THIS LICENCE SCHEDULE 3 1. Licence Item 1—Fees The parties acknowledge and agree that: Annual licence fees are: 1.1 the rights, powers and privileges granted to or vested in $ the licensee under this licence are contractual only and TEMP Environmental Monitoring Fee 30 at $126.70 shall not create or vest in the licensee any estate, each...... 3 801.00 interest or right of a proprietary nature in the site; and Base Licence Fee 30 at $321.34 each...... 9 640.20 1.2 that, subject to section 53A of the Fisheries Act 1982, Total Annual Licence Fee...... 13 441.20 this licence does not entitle the licensee to exclusive Item 2—Public Risk Insurance rights of entry to and occupation of the site and that the rights granted by this licence are exercisable by the Five million dollars ($5 000 000). 2542 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

licensee in common with any other occupiers of the site 10.2 must on or before 31 January and 31 July during the from time to time. term, submit to the Minister a return supplying all of 2. the information described in Schedule 4 of this Marked-off Areas licence. For the purposes of section 53A of the Fisheries Act 1982, the marked-off areas within the site is that area or those areas 11. Compliance With Relevant Laws marked-off or indicated in the manner set out in Item 2 of 11.1 the licensee must at all times comply with all laws, Schedule 1 of this licence. by-laws or regulations in force which relate to the site 3. or the activities conducted in the site and with all Permitted Species notices, orders or requirements lawfully given or made The licensee: by any authority or authorities in respect of the site; 3.1 must not farm or introduce any species at the site other 11.2 in particular, without derogating from the general than the permitted species; and requirement under condition 11 of this licence: 3.2 must not take any wild fish from the site except for 11.2.1 the licensee must not do or permit to be recreational purposes. done in upon or about the site anything 4. Permitted Use which in the opinion of the Minister would cause or contribute to the degradation or The licensee must not use the site for any purpose other than pollution of any coastal land or the the permitted use. surrounding marine environment; and 5. Permitted Methods 11.2.2 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 5.1 must not stock the permitted species at a rate greater consumption or that consumption of fish than that specified in Schedule 2 of this licence; taken from the waters could present a danger 5.2 must not use the anti-fouling chemical tributyltin (TBT) to the health of the consumer, the licensee on any equipment used at the site; must, in accordance with a written notice from the Minister, cease or suspend the 5.3 must not use any chemical or drug for either therapeutic conduct of the permitted use or else conduct or prophylactic purpose except with the prior approval the permitted use as directed within the of the Minister; notice. 5.4 must apply the permitted farming methods set out in 12. Public Risk Indemnity Schedule 2 of this licence. The licensee must at all times indemnify the Minister, his 6. Sea Cages 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 6.1 must ensure that all sea cages on the site have anti- injury and/or damage to property caused or suffered in any predator protection satisfactory to the Minister at all manner in or about the site. times during the term; and 13. 6.2 must immediately inform an officer of PIRSA Release (Fisheries) on 1800 065 522 or such other officer as the The licensee must use and keep the site at the risk in all things Minister from time to time notifies to the licensee in of the licensee and the licensee must release to the full extent writing if any marine animal, other than the permitted permitted by law the Minister, his agents, contractors and species, is caught in any sea cage or other farm structure servants in the absence of any wilful act, omission, default or used by the licensee on the site. neglect on their part from all claims and demands of every kind resulting from any accident damage or injury to persons or 7. Location of Sea Cages property occurring at the site, including loss or damage to the The licensee must not erect or use any sea cages in any licensee’s fixtures or personal property of the licensee. location on the site where stocked sea cages have been used in the 14. immediately preceding two year period. Public Risk Insurance The licensee shall at its own cost and expense during the term 8. 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 8.1 must ensure that the site is maintained in a good, tidy names of the licensee and the Minister in which the limits of and safe condition to the satisfaction of the Minister; public risk shall not be less than the amount specified in Item 2 of Schedule 3 of this licence, or such further amount as the Minister 8.2 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. 8.3 must maintain all buoys, crosses, and markers on the site 15. Guarantee or Indemnity Scheme in good condition and in accordance with the colours specified in Schedule 1 of this licence; and The licensee must either: 8.4 must mark the site boundary in accordance with the 15.1 provide a guarantee from its bankers; or specifications in Schedule 1 of this licence. 15.2 contribute to an indemnity scheme established for 9. the aquaculture and fisheries industry and approved by Site Inspection and Supervision the Minister, The licensee: 9.1 must at all times permit the Minister, his employees, agents or contractors or any employees, agents or contractors of the Crown to enter the site for the purposes of inspecting the site, the sea floor and the flora and fauna on or in the vicinity of the site; and 9.2 must comply with all reasonable directions of any such person authorised by the Director of Fisheries to inspect the conduct of the licensee’s activities at the site. 10. Fees and Returns The licensee: 10.1 must pay to the Minister the licence fee in accordance with Item l of Schedule 3 of this licence; 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2543 to and in favour of and for the benefit of the Minister by way of 18.4 a reference to a recital, party, clause, Schedule or security for the due and punctual performance by the licensee of Annexure is a reference to a recital, party, clause, the terms and conditions of this licence and in particular the Schedule or Annexure of this licence; obligations of the licensee to rehabilitate the site immediately 18.5 the captions, headings, section numbers and clause prior to the expiration or sooner determination of the term of numbers appearing in this licence are inserted only as this licence. Such guarantee or indemnity scheme must have a matter of convenience and in no way affect the effect from the date of commencement of the term. construction of this licence; 16. No Assignment 18.6 a reference to a statute shall include all statutes The licensee acknowledges that this licence is personal and it amending, consolidating or replacing the statutes must not assign or sublet or deal in any other way with any referred to; interest in this licence. 18.7 where two or more persons are named as licensees, 17. Default by Licensee and Termination this licence shall bind the licensees jointly and each of The Minister may terminate this licence immediately by notice them severally; and in writing served on the licensee if: 18.8 time is of the essence in respect of any obligation 17.1 the licensee commits or permits any breach or relating to time in this licence. default of the obligations imposed on the licensee by 19. Delegation this licence, and following the giving by the Minister Any consent, notice, any consultation or any other thing of written notice of such breach or default, the which is pursuant to the terms of this licence either required to be licensee either fails to rectify such breach or default given, done or performed or which may be given, done or within one calendar month of the date of such notice performed by the Minister may for the purposes of this licence be (or earlier if the circumstances require) or fails to properly given, done or performed by any duly authorised agent make diligent progress towards rectifying any such or employee of the Minister. breach which is incapable of rectification within the time so limited; or 20. Severance 17.2 the licensee commits or permits any further breach If any term or condition of this licence should be for any or default of the obligations imposed on the licensee reason unlawful, void, invalid or unenforceable then the offending by this licence for which the Minister has previously term or condition shall be severed from this licence without given notice in writing of such breach or default affecting the validity or enforceability of the remainder of this pursuant to paragraph 1 of condition 17.1 notwith- licence. standing rectification of the previous breach or 21. Modification default; or No variation of or addition to any provision of this licence 17.3 the licence fee referred to in condition 10 is unpaid shall be binding upon the Minister and the licensee unless such for a period of 14 days after notice has been given to variation or addition is made in writing, signed by both the the licensee that it is outstanding; or Minister and the licensee and expressed to be either supplemental 17.4 if the licensee is a body corporate, any of the to or in substitution for the whole or a part of this licence. following occur: 22. Waiver 17.4.1 the licensee is unable to pay its debts as and 22.1 A waiver of any provision of this licence by the when they fall due or is otherwise insolvent; Minister must both be in writing and be signed by the 17.4.2 an order is made for the winding up or Minister or by persons duly authorised to execute such liquidation of the licensee; a document on the Minister’s part. 17.4.3 the licensee enters into a scheme of 22.2 No waiver by the Minister of a breach of a term or arrangement, compromise, moratorium or condition contained in this licence shall operate as a other form of composition with its creditors waiver of any breach of the same or any other term or any class of its creditors; or condition contained in this licence. 17.4.4 a receiver, a manager or a receiver and 22.3 No forbearance, delay or indulgence by the Minister manager, a company administrator or other in enforcing the provisions of this licence shall insolvency administrator is appointed to the prejudice or restrict the rights of the Minister. licensee; or 23. Notices 17.4.5 a mortgagee, chargee or other encum- 23.1 Notices may be served by delivering the same brancee is appointed over or takes personally, by mail or facsimile transmission and shall possession of or appoints an agent to take be: possession of all or any of the licensee’s assets; or 23.1.1 in writing addressed to the Director of Fisheries, PIRSA, 16th Floor, 25 Grenfell 17.5 if the licensee is an individual, the licensee: Street, Adelaide, S.A. 5000 (in the case of 17.5.1 becomes bankrupt or assigns its estate or the Minister) and to the address of the enters into a deed of arrangement or other licensee set out above (in the case of the form of composition for the benefit of the licensee); licensee’s creditors; or 23.1.2 signed by or on behalf of the sender or by a 17.5.2 is convicted of an indictable offence. person duly authorised in that regard by the sender; Termination of this licence by the Minister shall be without prejudice to any rights, remedies or actions 23.1.3 deemed to be duly served or made in the that the Minister may have against the licensee in following circumstances: respect of any antecedent breach by the licensee of (a) if delivered, upon delivery; the terms and conditions contained in this licence. (b) if sending by mail, upon posting; 18. Interpretation (c) if sent by facsimile transmission, upon Subject to any inconsistency of subject or context, the the sender’s facsimile producing a following rules of construction shall be used in the interpretation transmission report that the facsimile of this licence: was satisfactorily sent in its entirety to 18.1 any word importing the plural includes the singular the addressee’s facsimile number, and vice versa; but if delivery is not made before 5 p.m. on 18.2 any wording importing a gender shall include all any day it shall be deemed to be received at other genders; 9 a.m. on the next day in that place. 18.3 a reference to a body corporate shall include a 23.2 The Minister and the licensee may each vary their natural person and vice versa; address or facsimile number at any time by written notice. 2544 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

Granted on behalf of the Minister by Director of Fisheries, Marked-off areas must be marked with no less the 8 equally delegate of the Minister, on 3 May 1999. spaced white buoys, each of at least 12 inches in diameter, each positioned no more than 70 m from each relevant sea cage G. MORGAN, Director of Fisheries situated on the site. The licensee hereby acknowledges and agrees to the terms and conditions of this licence. SCHEDULE 2 The Common Seal of Ajka Pty Ltd was hereunto affixed in the Permitted Species presence of: 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 (L.S.) J. GOBIN, Director Schedule. The Common Seal of Australian Bluefin Pty Ltd was hereunto affixed in the presence of: Southern Bluefin Tuna (Thunnus maccoyii) (L.S.) R. L. WRIGHT, Director Permitted Farming Methods The Director of Fisheries has, pursuant to section 48G (2) of M. R. WALLER, Secretary the Act, issued a permit to disturb the seabed for the purpose of The Common Seal of Emily Krstina (Australia) Pty Ltd was installing the structures specified in this Schedule. hereunto affixed in the presence of: Sea Cages 10 (L.S.) T. M. SANTIL, Director Stocking Rates C. SANTIL, Secretary The maximum weight of fish introduced into the site must not The Common Seal of Kinkawooka Pty Ltd was hereunto exceed 200 tonnes in total during the term of the licence. affixed in the presence of: The maximum stocking density of fish introduced into the site (L.S.) B. PUGLISI, Director must not exceed 4 kg/m 3. A. C. PUGLISI, Secretary SCHEDULE 3 SCHEDULE 1 Item 1—Fees Item 1—The Site Annual licence fees are: Area applicable to this licence: $ Licensed Area Licensed TEMP Environmental Monitoring Fee 20 at $126.70 Hectares each ...... 2 534.00 Zone 53 Base Licence Fee 20 at $321.34 each ...... 6 426.80 583256E 6161976N 135°54¢31² -34°40¢50² 20 Total Annual Licence Fee ...... 8 960.80 583173E 6161587N 135°54¢28² -34°41¢03² Item 2—Public Risk Insurance 582678E 6161676N 135°54¢09² -34°41¢00² 582761E 6162067N 135°54¢12² -34°40¢47² Five million dollars ($5 000 000). All structures, equipment, buoys and flotations (except for that SCHEDULE 4 required by the Department for Transport, Urban Planning and Returns the Arts) must be black, dark grey, dark blue, dark brown, or dark The licensee must submit the following information to the green coloured materials. Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 The boundary of the site to be marked either with: Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and 31 July during the term of this licence: (a) (1) At the corners with posts extending 900 mm above mean high water springs. Such posts to be marked 1. Name of licensee. with a St Andrews cross, each cross arm measuring 2. Address of licensee. 900 mm from tip to tip, minimum width 75 mm. 3. Species of fish farmed and held on the site. (2) Posts to be not less than 125 mm in diameter. 4. Location of aquaculture operation. (3) Posts and crosses to be painted yellow. 5. Period covered by return. (4) The ends of each cross to be marked with a 200 mm strip of yellow retro-reflective tape. 6. Number of life stage of each species of fish held. (5) Between the corner posts at intervals not exceeding 7. Number, weight and value of each species of fish held. 50 m, buoys not less than 300 mm in diameter. 8. Details of any disease detected in any fish kept. (6) 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 or of authority that provided certification that stock was free from disease). (b) (1) At each corner, yellow spar buoys with a St Andrews cross as a top mark placed at least 10. If any fish were brought into the state, the number of 900 mm above the buoy, cross arms 900 mm long x fish and the life stage of the fish. 75 mm wide. 11. If fish were brought into the state, the purpose for which (2) At distances not exceeding 50 m between the they were brought in. corner spar buoys, yellow spherical buoys not less 12. Method of disposal of water and packaging use for than 300 mm in diameter. transporting the fish. (3) The buoys and topmarks must all be coloured 13. If any disease or symptom of disease occurred in the yellow and marked with a yellow retro-reflective as acquired fish. in (a) (4). 14. Method of disposal of diseased or dead fish and the (4) All buoys, posts, crosses and markers must be number disposed of. maintained in good condition. 15. Signature, date and telephone number. When the site is in navigable water and possible danger to navigation, lights must be yellow in colour and flashing once 16. Use of any chemicals for fish husbandry—type of every 4 seconds and visible over an arc of 360 degrees for a chemical and quantity used, purpose and date of use. distance of at least one mile. All sea cages on the site must be marked with a unique sea FISHERIES ACT 1982 cage number and the site’s unique ‘FB number’; that is, the licence number. All St Andrew’s crosses must be marked with the MARINE TUNA FARMING LICENCE FB00012 site’s unique ‘FB number’; that is the licence number. Licence to Farm Fish under section 53 of the Fisheries Item 2—Marked-Off Areas Act 1982 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2545

WHEREAS the Director of Fisheries has, pursuant to section 5.4 must apply the permitted farming methods set out in 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to Schedule 2 of this licence. the undermentioned licensee to release the fish specified in 6. Schedule 2 of this licence (‘the permitted species’) and, pursuant Sea Cages to section 48G (2) of the Act, the Director of Fisheries has also The licensee: issued a permit to disturb the seabed for the purpose of installing 6.1 must ensure that all sea cages on the site have anti- structures necessary for the licensed activity at the below predator protection satisfactory to the Minister at all mentioned site, the Minister for Primary Industries, Natural times during the term; and Resources and Regional Development (‘the Minister’) hereby grants to: 6.2 must immediately inform an officer of PIRSA (Fisheries) on 1800 065 522 or such other officer as the Australian Bluefin Pty Ltd Minister from time to time notifies to the licensee in M. A. Stehr writing if any marine animal, other than the permitted P.O. Box 1607 species, is caught in any sea cage or other farm structure Port Lincoln, S.A. 5606, used by the licensee on the site. a non-exclusive licence to occupy and use the waters specified in 7. Location of Sea Cages 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 licensee must not erect or use any sea cages in any the period commencing on 1 July 1998 and ending, subject to any location on the site where stocked sea cages have been used in the earlier termination under this licence, on 30 June 1999 (‘the immediately preceding two year period. term’) subject to the following terms and conditions: 8. Marking and Maintaining the Site CONDITIONS OF THIS LICENCE The licensee: 1. Licence 8.1 must ensure that the site is maintained in a good, tidy The parties acknowledge and agree that: and safe condition to the satisfaction of the Minister; 1.1 the rights, powers and privileges granted to or vested in 8.2 must remove and lawfully dispose of any waste or debris the licensee under this licence are contractual only and on the site as soon as is reasonably practicable and in shall not create or vest in the licensee any estate, particular must comply with any guidelines issued from interest or right of a proprietary nature in the site; and time to time by the Minister in relation to the removal 1.2 that, subject to section 53A of the Fisheries Act 1982, from the site of any unhealthy or dead fish; this licence does not entitle the licensee to exclusive 8.3 must maintain all buoys, crosses, and markers on the site rights of entry to and occupation of the site and that in good condition and in accordance with the colours the rights granted by this licence are exercisable by the specified in Schedule 1 of this licence; and licensee in common with any other occupiers of the site from time to time. 8.4 must mark the site boundary in accordance with the specifications in Schedule 1 of this licence. 2. Marked-off Areas 9. Site Inspection and Supervision For the purposes of section 53A of the Fisheries Act 1982, the marked-off areas within the site is that area or those areas The licensee: marked-off or indicated in the manner set out in Item 2 of 9.1 must at all times permit the Minister, his employees, Schedule 1 of this licence. agents or contractors or any employees, agents or 3. Permitted Species contractors of the Crown to enter the site for the purposes of inspecting the site, the sea floor and the The licensee: flora and fauna on or in the vicinity of the site; and 3.1 must not farm or introduce any species at the site other 9.2 must comply with all reasonable directions of any such than the permitted species; and person authorised by the Director of Fisheries to inspect 3.2 must not take any wild fish from the site except for the conduct of the licensee’s activities at the site. recreational purposes. 10. Fees and Returns 4. Permitted Use The licensee: The licensee must not use the site for any purpose other than 10.1 must pay to the Minister the licence fee in the permitted use. accordance with Item l of Schedule 3 of this licence; 5. Permitted Methods 10.2 must on or before 31 January and 31 July during the The licensee: term, submit to the Minister a return supplying all of the information described in Schedule 4 of this 5.1 must not stock the permitted species at a rate greater licence. than that specified in Schedule 2 of this licence; 11. Compliance With Relevant Laws 5.2 must not use the anti-fouling chemical tributyltin (TBT) on any equipment used at the site; 11.1 the licensee must at all times comply with all laws, by-laws or regulations in force which relate to the site 5.3 must not use any chemical or drug for either therapeutic or the activities conducted in the site and with all or prophylactic purpose except with the prior approval notices, orders or requirements lawfully given or made of the Minister; by any authority or authorities in respect of the site; 11.2 in particular, without derogating from the general requirement under condition 11 of this licence: 11.2.1 the licensee must not do or permit to be done in upon or about the site anything which in the opinion of the Minister would cause or contribute to the degradation or pollution of any coastal land or the surrounding marine environment; and 2546 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

11.2.2 in the event that the Minister is satisfied, on 17.2 the licensee commits or permits any further breach reasonable grounds, that the fish taken from or default of the obligations imposed on the licensee the waters are not fit for human by this licence for which the Minister has previously consumption or that consumption of fish given notice in writing of such breach or default taken from the waters could present a danger pursuant to paragraph 1 of condition 17.1 notwith- to the health of the consumer, the licensee standing rectification of the previous breach or must, in accordance with a written notice default; or from the Minister, cease or suspend the 17.3 the licence fee referred to in condition 10 is unpaid conduct of the permitted use or else conduct for a period of 14 days after notice has been given to the permitted use as directed within the the licensee that it is outstanding; or notice. 17.4 if the licensee is a body corporate, any of the 12. Public Risk Indemnity following occur: The licensee must at all times indemnify the Minister, his 17.4.1 the licensee is unable to pay its debts as and officers, employees, contractors and agents from and against all when they fall due or is otherwise insolvent; claims, demands, actions, judgments, proceedings, damages, losses, costs, charges and expenses in respect of any loss of life, personal 17.4.2 an order is made for the winding up or injury and/or damage to property caused or suffered in any liquidation of the licensee; manner in or about the site. 17.4.3 the licensee enters into a scheme of 13. Release arrangement, compromise, moratorium or other form of composition with its creditors The licensee must use and keep the site at the risk in all things or any class of its creditors; of the licensee and the licensee must release to the full extent permitted by law the Minister, his agents, contractors and 17.4.4 a receiver, a manager or a receiver and servants in the absence of any wilful act, omission, default or manager, a company administrator or other neglect on their part from all claims and demands of every kind insolvency administrator is appointed to the resulting from any accident damage or injury to persons or licensee; or property occurring at the site, including loss or damage to the 17.4.5 a mortgagee, chargee or other encum- licensee’s fixtures or personal property of the licensee. brancee is appointed over or takes 14. Public Risk Insurance possession of or appoints an agent to take possession of all or any of the licensee’s The licensee shall at its own cost and expense during the term assets; or effect and keep in full force and effect in respect of the site and the permitted use a policy of public risk insurance in the joint 17.5 if the licensee is an individual, the licensee: names of the licensee and the Minister in which the limits of 17.5.1 becomes bankrupt or assigns its estate or public risk shall not be less than the amount specified in Item 2 of enters into a deed of arrangement or other Schedule 3 of this licence, or such further amount as the Minister form of composition for the benefit of the may from time to time reasonably require, as the amount which licensee’s creditors; or may be paid out in respect of any one single claim and a policy of insurance or copy thereof or a certificate of insurance shall be 17.5.2 is convicted of an indictable offence. produced by the licensee to the Minister on request in writing Termination of this licence by the Minister shall be being made by the Minister for its production. without prejudice to any rights, remedies or actions 15. Guarantee or Indemnity Scheme that the Minister may have against the licensee in respect of any antecedent breach by the licensee of The licensee must either: the terms and conditions contained in this licence. 15.1 provide a guarantee from its bankers; or 18. Interpretation 15.2 contribute to an indemnity scheme established for Subject to any inconsistency of subject or context, the the aquaculture and fisheries industry and approved by following rules of construction shall be used in the interpretation the Minister, of this licence: to and in favour of and for the benefit of the Minister by way of 18.1 any word importing the plural includes the singular security for the due and punctual performance by the licensee of and vice versa; the terms and conditions of this licence and in particular the obligations of the licensee to rehabilitate the site immediately 18.2 any wording importing a gender shall include all prior to the expiration or sooner determination of the term of other genders; this licence. Such guarantee or indemnity scheme must have 18.3 a reference to a body corporate shall include a effect from the date of commencement of the term. natural person and vice versa; 16. No Assignment 18.4 a reference to a recital, party, clause, Schedule or The licensee acknowledges that this licence is personal and it Annexure is a reference to a recital, party, clause, must not assign or sublet or deal in any other way with any Schedule or Annexure of this licence; interest in this licence. 18.5 the captions, headings, section numbers and clause 17. Default by Licensee and Termination numbers appearing in this licence are inserted only as a matter of convenience and in no way affect the The Minister may terminate this licence immediately by notice construction of this licence; in writing served on the licensee if: 18.6 a reference to a statute shall include all statutes 17.1 the licensee commits or permits any breach or amending, consolidating or replacing the statutes default of the obligations imposed on the licensee by referred to; this licence, and following the giving by the Minister of written notice of such breach or default, the 18.7 where two or more persons are named as licensees, licensee either fails to rectify such breach or default this licence shall bind the licensees jointly and each of within one calendar month of the date of such notice them severally; and (or earlier if the circumstances require) or fails to 18.8 time is of the essence in respect of any obligation make diligent progress towards rectifying any such relating to time in this licence. breach which is incapable of rectification within the time so limited; or 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2547

19. Delegation SCHEDULE 1 Any consent, notice, any consultation or any other thing Item 1—The Site which is pursuant to the terms of this licence either required to be Area applicable to this licence: given, done or performed or which may be given, done or performed by the Minister may for the purposes of this licence be Licensed Area Licensed properly given, done or performed by any duly authorised agent Hectares or employee of the Minister. Zone 53 20. Severance 587284E 6158017N 135°57¢11² -34°42¢57² 30 587664E 6158142N 135°57¢26² -34°42¢53² If any term or condition of this licence should be for any 587898E 6157430N 135°57¢35² -34°43¢16² reason unlawful, void, invalid or unenforceable then the offending 587518E 6157305N 135°57¢21² -34°43¢20² term or condition shall be severed from this licence without affecting the validity or enforceability of the remainder of this All structures, equipment, buoys and flotations (except for that licence. required by the Department for Transport, Urban Planning and the Arts) must be black, dark grey, dark blue, dark brown, or dark 21. Modification green coloured materials. No variation of or addition to any provision of this licence The boundary of the site to be marked either with: shall be binding upon the Minister and the licensee unless such variation or addition is made in writing, signed by both the (a) (1) At the corners with posts extending 900 mm above Minister and the licensee and expressed to be either supplemental mean high water springs. Such posts to be marked to or in substitution for the whole or a part of this licence. with a St Andrews cross, each cross arm measuring 900 mm from tip to tip, minimum width 75 mm. 22. Waiver (2) Posts to be not less than 125 mm in diameter. 22.1 A waiver of any provision of this licence by the Minister must both be in writing and be signed by the (3) Posts and crosses to be painted yellow. Minister or by persons duly authorised to execute such (4) The ends of each cross to be marked with a a document on the Minister’s part. 200 mm strip of yellow retro-reflective tape. 22.2 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 or condition contained in this licence. (6) All buoys, posts, crosses and markers must be maintained in good condition. 22.3 No forbearance, delay or indulgence by the Minister in enforcing the provisions of this licence shall or prejudice or restrict the rights of the Minister. (b) (1) At each corner, yellow spar buoys with a St 23. Notices Andrews cross as a top mark placed at least 900 mm above the buoy, cross arms 900 mm long x 23.1 Notices may be served by delivering the same 75 mm wide. personally, by mail or facsimile transmission and shall be: (2) At distances not exceeding 50 m between the corner spar buoys, yellow spherical buoys not less 23.1.1 in writing addressed to the Director of than 300 mm in diameter. Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 (in the case of (3) The buoys and topmarks must all be coloured the Minister) and to the address of the yellow and marked with a yellow retro-reflective as licensee set out above (in the case of the in (a) (4). licensee); (4) All buoys, posts, crosses and markers must be 23.1.2 signed by or on behalf of the sender or by a maintained in good condition. person duly authorised in that regard by the When the site is in navigable water and possible danger to sender; navigation, lights must be yellow in colour and flashing once 23.1.3 deemed to be duly served or made in the every 4 seconds and visible over an arc of 360 degrees for a following circumstances: distance of at least one mile. (a) if delivered, upon delivery; All sea cages on the site must be marked with a unique sea cage number and the site’s unique ‘FB number’; that is, the (b) if sending by mail, upon posting; licence number. All St Andrew’s crosses must be marked with the (c) if sent by facsimile transmission, upon site’s unique ‘FB number’; that is the licence number. the sender’s facsimile producing a Item 2—Marked-Off Areas transmission report that the facsimile was satisfactorily sent in its entirety to Marked-off areas must be marked with no less the 8 equally the addressee’s facsimile number, spaced white buoys, each of at least 12 inches in diameter, each positioned no more than 70 m from each relevant sea cage but if delivery is not made before 5 p.m. on situated on the site. any day it shall be deemed to be received at 9 a.m. on the next day in that place. SCHEDULE 2 23.2 The Minister and the licensee may each vary their Permitted Species address or facsimile number at any time by written The Director of Fisheries has, pursuant to section 50 (2) of the notice. Act, issued a permit for the release of the fish specified in this Granted on behalf of the Minister by Director of Fisheries, Schedule. delegate of the Minister, on 3 May 1999. Southern Bluefin Tuna (Thunnus maccoyii) G. MORGAN, Director of Fisheries Permitted 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 Australian Bluefin Pty Ltd was hereunto installing the structures specified in this Schedule. affixed in the presence of: Sea Cages 14 (L.S.) D. M. PUGLISI, Director R. L. WRIGHT, Secretary 2548 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

Stocking Rates a non-exclusive licence to occupy and use the waters specified in The maximum weight of fish introduced into the site must not Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of exceed 400 tonnes in total during the term of the licence. farming and taking the permitted species (‘the permitted use’) for the period commencing on 1 July 1998 and ending, subject to any The maximum stocking density of fish introduced into the site earlier termination under this licence, on 30 June 1999 (‘the must not exceed 4 kg/m 3. term’) subject to the following terms and conditions: SCHEDULE 3 CONDITIONS OF THIS LICENCE Item 1—Fees 1. Licence Annual licence fees are: The parties acknowledge and agree that: $ 1.1 the rights, powers and privileges granted to or vested in TEMP Environmental Monitoring Fee 30 at $126.70 the licensee under this licence are contractual only and each...... 3 801.00 shall not create or vest in the licensee any estate, Base Licence Fee 30 at $321.34 each...... 9 640.20 interest or right of a proprietary nature in the site; and Total Annual Licence Fee...... 13 441.20 1.2 that, subject to section 53A of the Fisheries Act 1982, this licence does not entitle the licensee to exclusive Item 2—Public Risk Insurance rights of entry to and occupation of the site and that Five million dollars ($5 000 000). the rights granted by this licence are exercisable by the licensee in common with any other occupiers of the site SCHEDULE 4 from time to time. Returns 2. Marked-off Areas The licensee must submit the following information to the For the purposes of section 53A of the Fisheries Act 1982, the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 marked-off areas within the site is that area or those areas Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and marked-off or indicated in the manner set out in Item 2 of 31 July during the term of this licence: Schedule 1 of this licence. 1. Name of licensee. 3. Permitted Species 2. Address of licensee. The licensee: 3. Species of fish farmed and held on the site. 3.1 must not farm or introduce any species at the site other 4. Location of aquaculture operation. than the permitted species; and 5. Period covered by return. 3.2 must not take any wild fish from the site except for 6. Number of life stage of each species of fish held. recreational purposes. 7. Number, weight and value of each species of fish held. 4. Permitted Use 8. Details of any disease detected in any fish kept. The licensee must not use the site for any purpose other than the permitted use. 9. Source (whether interstate or intrastate) of any stock acquired and date of acquisition (if relevant, include name 5. Permitted Methods of authority that provided certification that stock was The licensee: free from disease). 5.1 must not stock the permitted species at a rate greater 10. If any fish were brought into the state, the number of than that specified in Schedule 2 of this licence; fish and the life stage of the fish. 5.2 must not use the anti-fouling chemical tributyltin (TBT) 11. If fish were brought into the state, the purpose for which on any equipment used at the site; they were brought in. 5.3 must not use any chemical or drug for either therapeutic 12. Method of disposal of water and packaging use for or prophylactic purpose except with the prior approval transporting the fish. of the Minister; 13. If any disease or symptom of disease occurred in the 5.4 must apply the permitted farming methods set out in acquired fish. Schedule 2 of this licence. 14. Method of disposal of diseased or dead fish and the 6. Sea Cages number disposed of. The licensee: 15. Signature, date and telephone number. 6.1 must ensure that all sea cages on the site have anti- 16. Use of any chemicals for fish husbandry—type of predator protection satisfactory to the Minister at all chemical and quantity used, purpose and date of use. times during the term; and 6.2 must immediately inform an officer of PIRSA FISHERIES ACT 1982 (Fisheries) on 1800 065 522 or such other officer as the Minister from time to time notifies to the licensee in MARINE TUNA FARMING LICENCE FB00014 writing if any marine animal, other than the permitted Licence to Farm Fish under section 53 of the Fisheries species, is caught in any sea cage or other farm structure Act 1982 used by the licensee on the site. WHEREAS the Director of Fisheries has, pursuant to section 7. Location of Sea Cages 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to The licensee must not erect or use any sea cages in any the undermentioned licensee to release the fish specified in location on the site where stocked sea cages have been used in the Schedule 2 of this licence (‘the permitted species’) and, pursuant immediately preceding two year period. to section 48G (2) of the Act, the Director of Fisheries has also issued a permit to disturb the seabed for the purpose of installing 8. Marking and Maintaining the Site structures necessary for the licensed activity at the below The licensee: mentioned site, the Minister for Primary Industries, Natural 8.1 must ensure that the site is maintained in a good, tidy Resources and Regional Development (‘the Minister’) hereby and safe condition to the satisfaction of the Minister; grants to: 8.2 must remove and lawfully dispose of any waste or debris Australian Bluefin Pty Ltd on the site as soon as is reasonably practicable and in P.O. Box 1607 particular must comply with any guidelines issued from Port Lincoln, S.A. 5606, time to time by the Minister in relation to the removal from the site of any unhealthy or dead fish; 8.3 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 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2549

8.4 must mark the site boundary in accordance with the 14. Public Risk Insurance specifications in Schedule 1 of this licence. The licensee shall at its own cost and expense during the term 9. Site Inspection and Supervision 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 9.1 must at all times permit the Minister, his employees, public risk shall not be less than the amount specified in Item 2 of agents or contractors or any employees, agents or Schedule 3 of this licence, or such further amount as the Minister contractors of the Crown to enter the site for the may from time to time reasonably require, as the amount which purposes of inspecting the site, the sea floor and the may be paid out in respect of any one single claim and a policy of flora and fauna on or in the vicinity of the site; and insurance or copy thereof or a certificate of insurance shall be 9.2 must comply with all reasonable directions of any such produced by the licensee to the Minister on request in writing person authorised by the Director of Fisheries to inspect being made by the Minister for its production. the conduct of the licensee’s activities at the site. 15. Guarantee or Indemnity Scheme 10. Fees and Returns The licensee must either: The licensee: 15.1 provide a guarantee from its bankers; or 10.1 must pay to the Minister the licence fee in 15.2 contribute to an indemnity scheme established for accordance with Item l of Schedule 3 of this licence; the aquaculture and fisheries industry and approved by 10.2 must on or before 31 January and 31 July during the the Minister, term, submit to the Minister a return supplying all of to and in favour of and for the benefit of the Minister by way of the information described in Schedule 4 of this security for the due and punctual performance by the licensee of licence. the terms and conditions of this licence and in particular the 11. Compliance With Relevant Laws obligations of the licensee to rehabilitate the site immediately prior to the expiration or sooner determination of the term of 11.1 the licensee must at all times comply with all laws, this licence. Such guarantee or indemnity scheme must have by-laws or regulations in force which relate to the site effect from the date of commencement of the term. or the activities conducted in the site and with all notices, orders or requirements lawfully given or made 16. No Assignment by any authority or authorities in respect of the site; The licensee acknowledges that this licence is personal and it 11.2 in particular, without derogating from the general must not assign or sublet or deal in any other way with any requirement under condition 11 of this licence: interest in this licence. 11.2.1 the licensee must not do or permit to be 17. Default by Licensee and Termination done in upon or about the site anything The Minister may terminate this licence immediately by notice which in the opinion of the Minister would in writing served on the licensee if: cause or contribute to the degradation or pollution of any coastal land or the 17.1 the licensee commits or permits any breach or surrounding marine environment; and default of the obligations imposed on the licensee by this licence, and following the giving by the Minister 11.2.2 in the event that the Minister is satisfied, on of written notice of such breach or default, the reasonable grounds, that the fish taken from licensee either fails to rectify such breach or default the waters are not fit for human within one calendar month of the date of such notice consumption or that consumption of fish (or earlier if the circumstances require) or fails to taken from the waters could present a danger make diligent progress towards rectifying any such to the health of the consumer, the licensee breach which is incapable of rectification within the must, in accordance with a written notice time so limited; or from the Minister, cease or suspend the conduct of the permitted use or else conduct 17.2 the licensee commits or permits any further breach the permitted use as directed within the or default of the obligations imposed on the licensee notice. by this licence for which the Minister has previously given notice in writing of such breach or default 12. Public Risk Indemnity pursuant to paragraph 1 of condition 17.1 notwith- The licensee must at all times indemnify the Minister, his standing rectification of the previous breach or officers, employees, contractors and agents from and against all default; or claims, demands, actions, judgments, proceedings, damages, losses, 17.3 the licence fee referred to in condition 10 is unpaid costs, charges and expenses in respect of any loss of life, personal for a period of 14 days after notice has been given to injury and/or damage to property caused or suffered in any the licensee that it is outstanding; or manner in or about the site. 17.4 if the licensee is a body corporate, any of the 13. Release following occur: The licensee must use and keep the site at the risk in all things 17.4.1 the licensee is unable to pay its debts as and of the licensee and the licensee must release to the full extent when they fall due or is otherwise insolvent; permitted by law the Minister, his agents, contractors and servants in the absence of any wilful act, omission, default or 17.4.2 an order is made for the winding up or neglect on their part from all claims and demands of every kind liquidation of the licensee; resulting from any accident damage or injury to persons or 17.4.3 the licensee enters into a scheme of property occurring at the site, including loss or damage to the arrangement, compromise, moratorium or licensee’s fixtures or personal property of the licensee. other form of composition with its creditors or any class of its creditors; 17.4.4 a receiver, a manager or a receiver and manager, a company administrator or other insolvency administrator is appointed to the licensee; or 2550 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

17.4.5 a mortgagee, chargee or other encum- 23.1 Notices may be served by delivering the same brancee is appointed over or takes personally, by mail or facsimile transmission and shall possession of or appoints an agent to take be: possession of all or any of the licensee’s 23.1.1 in writing addressed to the Director of assets; or Fisheries, PIRSA, 16th Floor, 25 Grenfell 17.5 if the licensee is an individual, the licensee: Street, Adelaide, S.A. 5000 (in the case of 17.5.1 becomes bankrupt or assigns its estate or the Minister) and to the address of the enters into a deed of arrangement or other licensee set out above (in the case of the form of composition for the benefit of the licensee); licensee’s creditors; or 23.1.2 signed by or on behalf of the sender or by a 17.5.2 is convicted of an indictable offence. person duly authorised in that regard by the sender; Termination of this licence by the Minister shall be without prejudice to any rights, remedies or actions 23.1.3 deemed to be duly served or made in the that the Minister may have against the licensee in following circumstances: respect of any antecedent breach by the licensee of (a) if delivered, upon delivery; the terms and conditions contained in this licence. (b) if sending by mail, upon posting; 18. Interpretation (c) if sent by facsimile transmission, upon Subject to any inconsistency of subject or context, the the sender’s facsimile producing a following rules of construction shall be used in the interpretation transmission report that the facsimile of this licence: was satisfactorily sent in its entirety to 18.1 any word importing the plural includes the singular the addressee’s facsimile number, and vice versa; but if delivery is not made before 5 p.m. on 18.2 any wording importing a gender shall include all any day it shall be deemed to be received at other genders; 9 a.m. on the next day in that place. 18.3 a reference to a body corporate shall include a 23.2 The Minister and the licensee may each vary their natural person and ; address or facsimile number at any time by written vice versa notice. 18.4 a reference to a recital, party, clause, Schedule or Annexure is a reference to a recital, party, clause, Granted on behalf of the Minister by Director of Fisheries, Schedule or Annexure of this licence; delegate of the Minister, on 3 May 1999. 18.5 the captions, headings, section numbers and clause G. MORGAN, Director of Fisheries numbers appearing in this licence are inserted only as The licensee hereby acknowledges and agrees to the terms and a matter of convenience and in no way affect the conditions of this licence. construction of this licence; The Common Seal of Australian Bluefin Pty Ltd was hereunto 18.6 a reference to a statute shall include all statutes affixed in the presence of: amending, consolidating or replacing the statutes (L.S.) D. M. PUGLISI, Director referred to; R. L. WRIGHT, Secretary 18.7 where two or more persons are named as licensees, this licence shall bind the licensees jointly and each of SCHEDULE 1 them severally; and Item 1—The Site 18.8 time is of the essence in respect of any obligation Area applicable to this licence: relating to time in this licence. Licensed Area Licensed 19. Delegation Hectares Any consent, notice, any consultation or any other thing Zone 53 which is pursuant to the terms of this licence either required to be 588575E 6158555N 135°58¢02² -34°42¢39² 30 given, done or performed or which may be given, done or 588991E 6158726N 135°58¢18² -34°42¢34² performed by the Minister may for the purposes of this licence be 589245E 6158109N 135°58¢28² -34°42¢54² properly given, done or performed by any duly authorised agent 588829E 6157938N 135°58¢12² -34°42¢59² or employee of the Minister. All structures, equipment, buoys and flotations (except for that 20. Severance 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 The boundary of the site to be marked either with: affecting the validity or enforceability of the remainder of this licence. (a) (1) At the corners with posts extending 900 mm above mean high water springs. Such posts to be marked 21. Modification 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 (2) Posts to be not less than 125 mm in diameter. variation or addition is made in writing, signed by both the 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 22. Waiver 200 mm strip of yellow retro-reflective tape. 22.1 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 (6) All buoys, posts, crosses and markers must be a document on the Minister’s part. maintained in good condition. 22.2 No waiver by the Minister of a breach of a term or or condition contained in this licence shall operate as a 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 900 mm above the buoy, cross arms 900 mm long x 22.3 No forbearance, delay or indulgence by the Minister 75 mm wide. in enforcing the provisions of this licence shall prejudice or restrict the rights of the Minister. (2) At distances not exceeding 50 m between the corner spar buoys, yellow spherical buoys not less 23. Notices than 300 mm in diameter. 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2551

(3) The buoys and topmarks must all be coloured 13. If any disease or symptom of disease occurred in the yellow and marked with a yellow retro-reflective as acquired fish. in (a) (4). 14. Method of disposal of diseased or dead fish and the (4) All buoys, posts, crosses and markers must be number disposed of. maintained in good condition. 15. Signature, date and telephone number. When the site is in navigable water and possible danger to 16. Use of any chemicals for fish husbandry—type of navigation, lights must be yellow in colour and flashing once chemical and quantity used, purpose and date of use. every 4 seconds and visible over an arc of 360 degrees for a distance of at least one mile. All sea cages on the site must be marked with a unique sea FISHERIES ACT 1982 cage number and the site’s unique ‘FB number’; that is, the MARINE TUNA FARMING LICENCE FB00007 licence number. All St Andrew’s crosses must be marked with the (PREVIOUS LICENCE NO. F606) site’s unique ‘FB number’; that is the licence number. Licence to Farm Fish under section 53 of the Fisheries Item 2—Marked-Off Areas Act 1982 Marked-off areas must be marked with no less the 8 equally WHEREAS the Director of Fisheries has, pursuant to section spaced white buoys, each of at least 12 inches in diameter, each 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to positioned no more than 70 m from each relevant sea cage the undermentioned licensee to release the fish specified in situated on the site. Schedule 2 of this licence (‘the permitted species’) and, pursuant SCHEDULE 2 to section 48G (2) of the Act, the Director of Fisheries has also issued a permit to disturb the seabed for the purpose of installing Permitted Species structures necessary for the licensed activity at the below The Director of Fisheries has, pursuant to section 50 (2) of the mentioned site, the Minister for Primary Industries, Natural Act, issued a permit for the release of the fish specified in this Resources and Regional Development (‘the Minister’) hereby Schedule. grants to: Southern Bluefin Tuna (Thunnus maccoyii) Australian Bluefin Pty Ltd Australian Fishing Enterprises Pty Ltd Permitted Farming Methods Australian Tuna Fisheries Pty Ltd The Director of Fisheries has, pursuant to section 48G (2) of Emily Krstina (Australia) Pty Ltd the Act, issued a permit to disturb the seabed for the purpose of P.O. Box 1607 installing the structures specified in this Schedule. Port Lincoln, S.A. 5606, Sea Cages 14 a non-exclusive licence to occupy and use the waters specified in Stocking Rates 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 maximum weight of fish introduced into the site must not the period commencing on 1 July 1998 and ending, subject to any exceed 400 tonnes in total during the term of the licence. earlier termination under this licence, on 30 June 1999 (‘the The maximum stocking density of fish introduced into the site term’) subject to the following terms and conditions: 3 must not exceed 4 kg/m . CONDITIONS OF THIS LICENCE SCHEDULE 3 1. Licence Item 1—Fees The parties acknowledge and agree that: Annual licence fees are: 1.1 the rights, powers and privileges granted to or vested in the licensee under this licence are contractual only and $ shall not create or vest in the licensee any estate, TEMP Environmental Monitoring Fee 30 at $126.70 interest or right of a proprietary nature in the site; and each...... 3 801.00 Base Licence Fee 30 at $321.34 each...... 9 640.20 1.2 that, subject to section 53A of the Fisheries Act 1982, this licence does not entitle the licensee to exclusive Total Annual Licence Fee...... 13 441.20 rights of entry to and occupation of the site and that Item 2—Public Risk Insurance the rights granted by this licence are exercisable by the Five million dollars ($5 000 000). licensee in common with any other occupiers of the site from time to time. SCHEDULE 4 2. Marked-off Areas Returns For the purposes of section 53A of the Fisheries Act 1982, the The licensee must submit the following information to the marked-off areas within the site is that area or those areas Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 marked-off or indicated in the manner set out in Item 2 of Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and Schedule 1 of this licence. 31 July during the term of this licence: 3. Permitted Species 1. Name of licensee. The licensee: 2. Address of licensee. 3.1 must not farm or introduce any species at the site other 3. Species of fish farmed and held on the site. than the permitted species; and 4. Location of aquaculture operation. 3.2 must not take any wild fish from the site except for 5. Period covered by return. recreational purposes. 6. Number of life stage of each species of fish held. 7. Number, weight and value of each species of fish held. 8. Details of any disease detected in any fish kept. 9. Source (whether interstate or intrastate) of any stock acquired and date of acquisition (if relevant, include name of authority that provided certification that stock was free from disease). 10. If any fish were brought into the state, the number of fish and the life stage of the fish. 11. If fish were brought into the state, the purpose for which they were brought in. 12. Method of disposal of water and packaging use for transporting the fish. 2552 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

4. Permitted Use 11. Compliance With Relevant Laws The licensee must not use the site for any purpose other than 11.1 the licensee must at all times comply with all laws, the permitted use. by-laws or regulations in force which relate to the site 5. or the activities conducted in the site and with all Permitted Methods notices, orders or requirements lawfully given or made The licensee: by any authority or authorities in respect of the site; 5.1 must not stock the permitted species at a rate greater 11.2 in particular, without derogating from the general than that specified in Schedule 2 of this licence; requirement under condition 11 of this licence: 5.2 must not use the anti-fouling chemical tributyltin (TBT) 11.2.1 the licensee must not do or permit to be on any equipment used at the site; done in upon or about the site anything 5.3 must not use any chemical or drug for either therapeutic which in the opinion of the Minister would or prophylactic purpose except with the prior approval cause or contribute to the degradation or of the Minister; pollution of any coastal land or the surrounding marine environment; and 5.4 must apply the permitted farming methods set out in Schedule 2 of this licence. 11.2.2 in the event that the Minister is satisfied, on reasonable grounds, that the fish taken from 6. Sea Cages the waters are not fit for human The licensee: consumption or that consumption of fish taken from the waters could present a danger 6.1 must ensure that all sea cages on the site have anti- to the health of the consumer, the licensee predator protection satisfactory to the Minister at all must, in accordance with a written notice times during the term; and from the Minister, cease or suspend the 6.2 must immediately inform an officer of PIRSA conduct of the permitted use or else conduct (Fisheries) on 1800 065 522 or such other officer as the the permitted use as directed within the Minister from time to time notifies to the licensee in notice. writing if any marine animal, other than the permitted 12. Public Risk Indemnity species, is caught in any sea cage or other farm structure used by the licensee on the site. The licensee must at all times indemnify the Minister, his officers, employees, contractors and agents from and against all 7. Location of Sea Cages claims, demands, actions, judgments, proceedings, damages, losses, The licensee must not erect or use any sea cages in any costs, charges and expenses in respect of any loss of life, personal location on the site where stocked sea cages have been used in the injury and/or damage to property caused or suffered in any immediately preceding two year period. manner in or about the site. 8. Marking and Maintaining the Site 13. Release The licensee: The licensee must use and keep the site at the risk in all things of the licensee and the licensee must release to the full extent 8.1 must ensure that the site is maintained in a good, tidy permitted by law the Minister, his agents, contractors and and safe condition to the satisfaction of the Minister; servants in the absence of any wilful act, omission, default or 8.2 must remove and lawfully dispose of any waste or debris neglect on their part from all claims and demands of every kind on the site as soon as is reasonably practicable and in resulting from any accident damage or injury to persons or particular must comply with any guidelines issued from property occurring at the site, including loss or damage to the time to time by the Minister in relation to the removal licensee’s fixtures or personal property of the licensee. from the site of any unhealthy or dead fish; 14. Public Risk Insurance 8.3 must maintain all buoys, crosses, and markers on the site The licensee shall at its own cost and expense during the term in good condition and in accordance with the colours effect and keep in full force and effect in respect of the site and specified in Schedule 1 of this licence; and the permitted use a policy of public risk insurance in the joint 8.4 must mark the site boundary in accordance with the names of the licensee and the Minister in which the limits of specifications in Schedule 1 of this licence. 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 9. Site Inspection and Supervision may from time to time reasonably require, as the amount which The licensee: may be paid out in respect of any one single claim and a policy of 9.1 must at all times permit the Minister, his employees, insurance or copy thereof or a certificate of insurance shall be agents or contractors or any employees, agents or produced by the licensee to the Minister on request in writing contractors of the Crown to enter the site for the being made by the Minister for its production. purposes of inspecting the site, the sea floor and the 15. Guarantee or Indemnity Scheme flora and fauna on or in the vicinity of the site; and The licensee must either: 9.2 must comply with all reasonable directions of any such 15.1 provide a guarantee from its bankers; or person authorised by the Director of Fisheries to inspect the conduct of the licensee’s activities at the site. 15.2 contribute to an indemnity scheme established for the aquaculture and fisheries industry and approved by 10. Fees and Returns the Minister, The licensee: to and in favour of and for the benefit of the Minister by way of 10.1 must pay to the Minister the licence fee in security for the due and punctual performance by the licensee of accordance with Item l of Schedule 3 of this licence; the terms and conditions of this licence and in particular the 10.2 must on or before 31 January and 31 July during the obligations of the licensee to rehabilitate the site immediately term, submit to the Minister a return supplying all of prior to the expiration or sooner determination of the term of the information described in Schedule 4 of this this licence. Such guarantee or indemnity scheme must have licence. effect from the date of commencement of the term. 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2553

16. No Assignment 18.6 a reference to a statute shall include all statutes The licensee acknowledges that this licence is personal and it amending, consolidating or replacing the statutes must not assign or sublet or deal in any other way with any referred to; interest in this licence. 18.7 where two or more persons are named as licensees, 17. this licence shall bind the licensees jointly and each of Default by Licensee and Termination them severally; and The Minister may terminate this licence immediately by notice in writing served on the licensee if: 18.8 time is of the essence in respect of any obligation relating to time in this licence. 17.1 the licensee commits or permits any breach or default of the obligations imposed on the licensee by 19. Delegation this licence, and following the giving by the Minister Any consent, notice, any consultation or any other thing of written notice of such breach or default, the which is pursuant to the terms of this licence either required to be licensee either fails to rectify such breach or default given, done or performed or which may be given, done or within one calendar month of the date of such notice performed by the Minister may for the purposes of this licence be (or earlier if the circumstances require) or fails to properly given, done or performed by any duly authorised agent make diligent progress towards rectifying any such or employee of the Minister. breach which is incapable of rectification within the 20. time so limited; or Severance If any term or condition of this licence should be for any 17.2 the licensee commits or permits any further breach reason unlawful, void, invalid or unenforceable then the offending or default of the obligations imposed on the licensee term or condition shall be severed from this licence without by this licence for which the Minister has previously affecting the validity or enforceability of the remainder of this given notice in writing of such breach or default licence. pursuant to paragraph 1 of condition 17.1 notwith- standing rectification of the previous breach or 21. Modification default; or No variation of or addition to any provision of this licence 17.3 the licence fee referred to in condition 10 is unpaid shall be binding upon the Minister and the licensee unless such for a period of 14 days after notice has been given to variation or addition is made in writing, signed by both the the licensee that it is outstanding; or Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. 17.4 if the licensee is a body corporate, any of the following occur: 22. Waiver 17.4.1 the licensee is unable to pay its debts as and 22.1 A waiver of any provision of this licence by the when they fall due or is otherwise insolvent; Minister must both be in writing and be signed by the Minister or by persons duly authorised to execute such 17.4.2 an order is made for the winding up or a document on the Minister’s part. liquidation of the licensee; 22.2 No waiver by the Minister of a breach of a term or 17.4.3 the licensee enters into a scheme of condition contained in this licence shall operate as a arrangement, compromise, moratorium or waiver of any breach of the same or any other term other form of composition with its creditors or condition contained in this licence. or any class of its creditors; 22.3 No forbearance, delay or indulgence by the Minister 17.4.4 a receiver, a manager or a receiver and in enforcing the provisions of this licence shall manager, a company administrator or other prejudice or restrict the rights of the Minister. insolvency administrator is appointed to the licensee; or 23. Notices 17.4.5 a mortgagee, chargee or other encum- 23.1 Notices may be served by delivering the same brancee is appointed over or takes personally, by mail or facsimile transmission and shall possession of or appoints an agent to take be: possession of all or any of the licensee’s 23.1.1 in writing addressed to the Director of assets; or Fisheries, PIRSA, 16th Floor, 25 Grenfell 17.5 if the licensee is an individual, the licensee: Street, Adelaide, S.A. 5000 (in the case of the Minister) and to the address of the 17.5.1 becomes bankrupt or assigns its estate or licensee set out above (in the case of the enters into a deed of arrangement or other licensee); form of composition for the benefit of the licensee’s creditors; or 23.1.2 signed by or on behalf of the sender or by a person duly authorised in that regard by the 17.5.2 is convicted of an indictable offence. sender; Termination of this licence by the Minister shall be 23.1.3 deemed to be duly served or made in the without prejudice to any rights, remedies or actions following circumstances: that the Minister may have against the licensee in respect of any antecedent breach by the licensee of (a) if delivered, upon delivery; the terms and conditions contained in this licence. (b) if sending by mail, upon posting; 18. Interpretation (c) if sent by facsimile transmission, upon Subject to any inconsistency of subject or context, the the sender’s facsimile producing a following rules of construction shall be used in the interpretation transmission report that the facsimile of this licence: was satisfactorily sent in its entirety to the addressee’s facsimile number, 18.1 any word importing the plural includes the singular and vice versa; but if delivery is not made before 5 p.m. on any day it shall be deemed to be received at 18.2 any wording importing a gender shall include all 9 a.m. on the next day in that place. other genders; 23.2 The Minister and the licensee may each vary their 18.3 a reference to a body corporate shall include a address or facsimile number at any time by written natural person and vice versa; notice. 18.4 a reference to a recital, party, clause, Schedule or Granted on behalf of the Minister by Director of Fisheries, Annexure is a reference to a recital, party, clause, delegate of the Minister, on 5 May 1999. Schedule or Annexure of this licence; G. MORGAN, Director of Fisheries 18.5 the captions, headings, section numbers and clause numbers appearing in this licence are inserted only as The licensee hereby acknowledges and agrees to the terms and a matter of convenience and in no way affect the conditions of this licence. construction of this licence; 2554 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

The Common Seal of Australian Bluefin Pty Ltd was hereunto The Director of Fisheries has, pursuant to section 50 (2) of the affixed in the presence of: Act, issued a permit for the release of the fish specified in this Schedule. (L.S.) R. L. WRIGHT, Director Southern Bluefin Tuna D. M. PUGLISI, Secretary (Thunnus maccoyii) The Common Seal of Emily Krstina (Australia) Pty Ltd was Permitted Farming Methods hereunto affixed in the presence of: The Director of Fisheries has, pursuant to section 48G (2) of the Act, issued a permit to disturb the seabed for the purpose of (L.S.) A. WHITTAKER, Director installing the structures specified in this Schedule. The Common Seal of Australian Tuna Fisheries Pty Ltd was hereunto affixed in the presence of: Sea Cages 10 (L.S.) G. ANDREW Stocking Rates The maximum weight of fish introduced into the site must not G. CHILLINGWORTH, Secretary exceed 70 tonnes in total during the term of the licence. The Common Seal of Australian Fishing Enterprises Pty Ltd was hereunto affixed in the presence of: The maximum stocking density of fish introduced into the site must not exceed 4 kg/m 3. (L.S.) D. SARIN, Director SCHEDULE 3 SCHEDULE 1 Item 1—Fees Item 1—The Site Annual licence fees are: Area applicable to this licence: $ Licensed Area Licensed TEMP Environmental Monitoring Fee 20 at $126.70 Hectares each ...... 2 534.00 Zone 53 Base Licence Fee 20 at $321.34 each ...... 6 426.80 585888E 6156478N 135°56¢17² -34°43¢48² 20 Total Annual Licence Fee ...... 8 960.80 585752E 6156106N 135°56¢12² -34°44¢00² 585306E 6156277N 135°55¢54² -34°43¢54² Item 2—Public Risk Insurance 585440E 6156648N 135°55¢59² -34°43¢42² Five million dollars ($5 000 000). All structures, equipment, buoys and flotations (except for that SCHEDULE 4 required by the Department for Transport, Urban Planning and the Arts) must be black, dark grey, dark blue, dark brown, or dark Returns green coloured materials. The licensee must submit the following information to the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 The boundary of the site to be marked either with: Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and (a) (1) At the corners with posts extending 900 mm above 31 July during the term of this licence: mean high water springs. Such posts to be marked 1. Name of licensee. with a St Andrews cross, each cross arm measuring 900 mm from tip to tip, minimum width 75 mm. 2. Address of licensee. (2) Posts to be not less than 125 mm in diameter. 3. Species of fish farmed and held on the site. (3) Posts and crosses to be painted yellow. 4. Location of aquaculture operation. (4) The ends of each cross to be marked with a 5. Period covered by return. 200 mm strip of yellow retro-reflective tape. 6. Number of life stage of each species of fish held. (5) Between the corner posts at intervals not exceeding 7. Number, weight and value of each species of fish held. 50 m, buoys not less than 300 mm in diameter. 8. Details of any disease detected in any fish kept. (6) All buoys, posts, crosses and markers must be maintained in good condition. 9. Source (whether interstate or intrastate) of any stock acquired and date of acquisition (if relevant, include name or of authority that provided certification that stock was (b) (1) At each corner, yellow spar buoys with a St free from disease). Andrews cross as a top mark placed at least 10. If any fish were brought into the state, the number of 900 mm above the buoy, cross arms 900 mm long x fish and the life stage of the fish. 75 mm wide. 11. If fish were brought into the state, the purpose for which (2) At distances not exceeding 50 m between the they were brought in. corner spar buoys, yellow spherical buoys not less than 300 mm in diameter. 12. Method of disposal of water and packaging use for transporting the fish. (3) The buoys and topmarks must all be coloured yellow and marked with a yellow retro-reflective as 13. If any disease or symptom of disease occurred in the in (a) (4). acquired fish. (4) All buoys, posts, crosses and markers must be 14. Method of disposal of diseased or dead fish and the maintained in good condition. number disposed of. When the site is in navigable water and possible danger to 15. Signature, date and telephone number. navigation, lights must be yellow in colour and flashing once 16. Use of any chemicals for fish husbandry—type of every 4 seconds and visible over an arc of 360 degrees for a chemical and quantity used, purpose and date of use. distance of at least one mile. All sea cages on the site must be marked with a unique sea FISHERIES ACT 1982 cage number and the site’s unique ‘FB number’; that is, the MARINE TUNA FARMING LICENCE FB00015 licence number. All St Andrew’s crosses must be marked with the site’s unique ‘FB number’; that is the licence number. Licence to Farm Fish under section 53 of the Fisheries Act 1982 Item 2—Marked-Off Areas WHEREAS the Director of Fisheries has, pursuant to section Marked-off areas must be marked with no less the 8 equally 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to spaced white buoys, each of at least 12 inches in diameter, each the undermentioned licensee to release the fish specified in positioned no more than 70 m from each relevant sea cage Schedule 2 of this licence (‘the permitted species’) and, pursuant situated on the site. to section 48G (2) of the Act, the Director of Fisheries has also SCHEDULE 2 issued a permit to disturb the seabed for the purpose of installing structures necessary for the licensed activity at the below Permitted Species mentioned site, the Minister for Primary Industries, Natural 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2555

Resources and Regional Development (‘the Minister’) hereby 6.2 must immediately inform an officer of PIRSA grants to: (Fisheries) on 1800 065 522 or such other officer as the Emily Krstina (Australia) Pty Ltd Minister from time to time notifies to the licensee in Kinkawooka Pty Ltd writing if any marine animal, other than the permitted Sea Marine Holdings Pty Ltd species, is caught in any sea cage or other farm structure Port Lincoln, S.A. 5606, used by the licensee on the site. a non-exclusive licence to occupy and use the waters specified in 7. Location of Sea Cages Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of The licensee must not erect or use any sea cages in any farming and taking the permitted species (‘the permitted use’) for location on the site where stocked sea cages have been used in the the period commencing on 1 July 1998 and ending, subject to any immediately preceding two year period. earlier termination under this licence, on 30 June 1999 (‘the 8. term’) subject to the following terms and conditions: Marking and Maintaining the Site The licensee: CONDITIONS OF THIS LICENCE 1. Licence 8.1 must ensure that the site is maintained in a good, tidy and safe condition to the satisfaction of the Minister; The parties acknowledge and agree that: 8.2 must remove and lawfully dispose of any waste or debris 1.1 the rights, powers and privileges granted to or vested in on the site as soon as is reasonably practicable and in the licensee under this licence are contractual only and particular must comply with any guidelines issued from shall not create or vest in the licensee any estate, time to time by the Minister in relation to the removal interest or right of a proprietary nature in the site; and from the site of any unhealthy or dead fish; 1.2 that, subject to section 53A of the Fisheries Act 1982, 8.3 must maintain all buoys, crosses, and markers on the site this licence does not entitle the licensee to exclusive in good condition and in accordance with the colours rights of entry to and occupation of the site and that specified in Schedule 1 of this licence; and the rights granted by this licence are exercisable by the licensee in common with any other occupiers of the site 8.4 must mark the site boundary in accordance with the from time to time. specifications in Schedule 1 of this licence. 2. Marked-off Areas 9. Site Inspection and Supervision For the purposes of section 53A of the Fisheries Act 1982, the The licensee: marked-off areas within the site is that area or those areas 9.1 must at all times permit the Minister, his employees, marked-off or indicated in the manner set out in Item 2 of agents or contractors or any employees, agents or Schedule 1 of this licence. contractors of the Crown to enter the site for the 3. Permitted Species purposes of inspecting the site, the sea floor and the flora and fauna on or in the vicinity of the site; and The licensee: 9.2 must comply with all reasonable directions of any such 3.1 must not farm or introduce any species at the site other person authorised by the Director of Fisheries to inspect than the permitted species; and the conduct of the licensee’s activities at the site. 3.2 must not take any wild fish from the site except for 10. recreational purposes. Fees and Returns The licensee: 4. Permitted Use 10.1 must pay to the Minister the licence fee in The licensee must not use the site for any purpose other than accordance with Item l of Schedule 3 of this licence; the permitted use. 10.2 must on or before 31 January and 31 July during the 5. Permitted Methods term, submit to the Minister a return supplying all of The licensee: the information described in Schedule 4 of this 5.1 must not stock the permitted species at a rate greater licence. than that specified in Schedule 2 of this licence; 11. Compliance With Relevant Laws 5.2 must not use the anti-fouling chemical tributyltin (TBT) 11.1 the licensee must at all times comply with all laws, on any equipment used at the site; by-laws or regulations in force which relate to the site 5.3 must not use any chemical or drug for either therapeutic or the activities conducted in the site and with all or prophylactic purpose except with the prior approval notices, orders or requirements lawfully given or made of the Minister; by any authority or authorities in respect of the site; 5.4 must apply the permitted farming methods set out in 11.2 in particular, without derogating from the general Schedule 2 of this licence. requirement under condition 11 of this licence: 6. 11.2.1 the licensee must not do or permit to be Sea Cages done in upon or about the site anything The licensee: which in the opinion of the Minister would 6.1 must ensure that all sea cages on the site have anti- cause or contribute to the degradation or predator protection satisfactory to the Minister at all pollution of any coastal land or the times during the term; and surrounding marine environment; and 11.2.2 in the event that the Minister is satisfied, on reasonable grounds, that the fish taken from the waters are not fit for human con- sumption or that consumption of fish taken from the waters could present a danger to the health of the consumer, the licensee must, in accordance with a written notice from the Minister, cease or suspend the conduct of the permitted use or else conduct the permitted use as directed within the notice. 2556 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

12. Public Risk Indemnity 17.4.3 the licensee enters into a scheme of The licensee must at all times indemnify the Minister, his arrangement, compromise, moratorium or officers, employees, contractors and agents from and against all other form of composition with its creditors claims, demands, actions, judgments, proceedings, damages, losses, or any class of its creditors; costs, charges and expenses in respect of any loss of life, personal 17.4.4 a receiver, a manager or a receiver and injury and/or damage to property caused or suffered in any manager, a company administrator or other manner in or about the site. insolvency administrator is appointed to the licensee; or 13. Release The licensee must use and keep the site at the risk in all things 17.4.5 a mortgagee, chargee or other encum- of the licensee and the licensee must release to the full extent brancee is appointed over or takes permitted by law the Minister, his agents, contractors and possession of or appoints an agent to take servants in the absence of any wilful act, omission, default or possession of all or any of the licensee’s neglect on their part from all claims and demands of every kind assets; or resulting from any accident damage or injury to persons or 17.5 if the licensee is an individual, the licensee: property occurring at the site, including loss or damage to the 17.5.1 becomes bankrupt or assigns its estate or licensee’s fixtures or personal property of the licensee. enters into a deed of arrangement or other 14. Public Risk Insurance form of composition for the benefit of the The licensee shall at its own cost and expense during the term licensee’s creditors; or effect and keep in full force and effect in respect of the site and 17.5.2 is convicted of an indictable offence. the permitted use a policy of public risk insurance in the joint Termination of this licence by the Minister shall be names of the licensee and the Minister in which the limits of without prejudice to any rights, remedies or actions public risk shall not be less than the amount specified in Item 2 of that the Minister may have against the licensee in Schedule 3 of this licence, or such further amount as the Minister respect of any antecedent breach by the licensee of may from time to time reasonably require, as the amount which the terms and conditions contained in this licence. may be paid out in respect of any one single claim and a policy of insurance or copy thereof or a certificate of insurance shall be 18. Interpretation produced by the licensee to the Minister on request in writing Subject to any inconsistency of subject or context, the being made by the Minister for its production. following rules of construction shall be used in the interpretation 15. Guarantee or Indemnity Scheme of this licence: The licensee must either: 18.1 any word importing the plural includes the singular and ; 15.1 provide a guarantee from its bankers; or vice versa 18.2 any wording importing a gender shall include all 15.2 contribute to an indemnity scheme established for other genders; the aquaculture and fisheries industry and approved by the Minister, 18.3 a reference to a body corporate shall include a natural person and ; to and in favour of and for the benefit of the Minister by way of vice versa security for the due and punctual performance by the licensee of 18.4 a reference to a recital, party, clause, Schedule or the terms and conditions of this licence and in particular the Annexure is a reference to a recital, party, clause, obligations of the licensee to rehabilitate the site immediately Schedule or Annexure of this licence; prior to the expiration or sooner determination of the term of 18.5 the captions, headings, section numbers and clause this licence. Such guarantee or indemnity scheme must have numbers appearing in this licence are inserted only as effect from the date of commencement of the term. a matter of convenience and in no way affect the 16. No Assignment construction of this licence; The licensee acknowledges that this licence is personal and it 18.6 a reference to a statute shall include all statutes must not assign or sublet or deal in any other way with any amending, consolidating or replacing the statutes interest in this licence. referred to; 17. Default by Licensee and Termination 18.7 where two or more persons are named as licensees, this licence shall bind the licensees jointly and each of The Minister may terminate this licence immediately by notice them severally; and in writing served on the licensee if: 18.8 time is of the essence in respect of any obligation 17.1 the licensee commits or permits any breach or relating to time in this licence. default of the obligations imposed on the licensee by this licence, and following the giving by the Minister 19. Delegation of written notice of such breach or default, the Any consent, notice, any consultation or any other thing licensee either fails to rectify such breach or default which is pursuant to the terms of this licence either required to be within one calendar month of the date of such notice given, done or performed or which may be given, done or (or earlier if the circumstances require) or fails to performed by the Minister may for the purposes of this licence be make diligent progress towards rectifying any such properly given, done or performed by any duly authorised agent breach which is incapable of rectification within the or employee of the Minister. time so limited; or 20. Severance 17.2 the licensee commits or permits any further breach or default of the obligations imposed on the licensee If any term or condition of this licence should be for any by this licence for which the Minister has previously reason unlawful, void, invalid or unenforceable then the offending given notice in writing of such breach or default term or condition shall be severed from this licence without pursuant to paragraph 1 of condition 17.1 notwith- affecting the validity or enforceability of the remainder of this standing rectification of the previous breach or licence. default; or 21. Modification 17.3 the licence fee referred to in condition 10 is unpaid No variation of or addition to any provision of this licence for a period of 14 days after notice has been given to shall be binding upon the Minister and the licensee unless such the licensee that it is outstanding; or variation or addition is made in writing, signed by both the 17.4 if the licensee is a body corporate, any of the Minister and the licensee and expressed to be either supplemental following occur: to or in substitution for the whole or a part of this licence. 17.4.1 the licensee is unable to pay its debts as and when they fall due or is otherwise insolvent; 17.4.2 an order is made for the winding up or liquidation of the licensee; 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2557

22. Waiver SCHEDULE 1 22.1 A waiver of any provision of this licence by the Item 1—The Site Minister must both be in writing and be signed by the Area applicable to this licence: Minister or by persons duly authorised to execute such a document on the Minister’s part. Licensed Area Licensed Hectares 22.2 No waiver by the Minister of a breach of a term or Zone 53 condition contained in this licence shall operate as a waiver of any breach of the same or any other term 585749E 6162066N 135°56¢09² -34°40¢46² 30 or condition contained in this licence. 586179E 6162321N 135°56¢26² -34°40¢38² 586485E 6161805N 135°56¢38² -34°40¢55² 22.3 No forbearance, delay or indulgence by the Minister 586055E 6161550N 135°56¢21² -34°41¢03² in enforcing the provisions of this licence shall prejudice or restrict the rights of the Minister. All structures, equipment, buoys and flotations (except for that required by the Department for Transport, Urban Planning and 23. Notices the Arts) must be black, dark grey, dark blue, dark brown, or dark 23.1 Notices may be served by delivering the same green coloured materials. personally, by mail or facsimile transmission and shall The boundary of the site to be marked either with: be: (a) (1) At the corners with posts extending 900 mm above 23.1.1 in writing addressed to the Director of mean high water springs. Such posts to be marked Fisheries, PIRSA, 16th Floor, 25 Grenfell with a St Andrews cross, each cross arm measuring Street, Adelaide, S.A. 5000 (in the case of 900 mm from tip to tip, minimum width 75 mm. the Minister) and to the address of the licensee set out above (in the case of the (2) Posts to be not less than 125 mm in diameter. licensee); (3) Posts and crosses to be painted yellow. 23.1.2 signed by or on behalf of the sender or by a (4) The ends of each cross to be marked with a person duly authorised in that regard by the 200 mm strip of yellow retro-reflective tape. sender; (5) Between the corner posts at intervals not exceeding 23.1.3 deemed to be duly served or made in the 50 m, buoys not less than 300 mm in diameter. following circumstances: (6) All buoys, posts, crosses and markers must be (a) if delivered, upon delivery; maintained in good condition. (b) if sending by mail, upon posting; or (c) if sent by facsimile transmission, upon (b) (1) At each corner, yellow spar buoys with a St the sender’s facsimile producing a Andrews cross as a top mark placed at least transmission report that the facsimile 900 mm above the buoy, cross arms 900 mm long x was satisfactorily sent in its entirety to 75 mm wide. the addressee’s facsimile number, (2) At distances not exceeding 50 m between the but if delivery is not made before 5 p.m. on corner spar buoys, yellow spherical buoys not less any day it shall be deemed to be received at than 300 mm in diameter. 9 a.m. on the next day in that place. (3) The buoys and topmarks must all be coloured 23.2 The Minister and the licensee may each vary their yellow and marked with a yellow retro-reflective as address or facsimile number at any time by written in (a) (4). notice. (4) All buoys, posts, crosses and markers must be Granted on behalf of the Minister by Director of Fisheries, maintained in good condition. delegate of the Minister, on 5 May 1999. When the site is in navigable water and possible danger to G. MORGAN, Director of Fisheries navigation, lights must be yellow in colour and flashing once The licensee hereby acknowledges and agrees to the terms and every 4 seconds and visible over an arc of 360 degrees for a conditions of this licence. distance of at least one mile. The Common Seal of Kinkawooka Pty Ltd was hereunto All sea cages on the site must be marked with a unique sea affixed in the presence of: cage number and the site’s unique ‘FB number’; that is, the licence number. All St Andrew’s crosses must be marked with the (L.S.) B. PUGLISI, Director site’s unique ‘FB number’; that is the licence number. A. C. PUGLISI, Secretary Item 2—Marked-Off Areas The Common Seal of Emily Krstina (Australia) Pty Ltd was Marked-off areas must be marked with no less the 8 equally hereunto affixed in the presence of: spaced white buoys, each of at least 12 inches in diameter, each (L.S.) T. M. SANTIL, Director positioned no more than 70 m from each relevant sea cage situated on the site. C. S. ANTIL, Secretary SCHEDULE 2 The Common Seal of Sea Marine Holdings Pty Ltd was hereunto affixed in the presence of: Permitted Species (L.S.) J. FORSTER, Director The Director of Fisheries has, pursuant to section 50 (2) of the Act, issued a permit for the release of the fish specified in this Schedule. Southern Bluefin Tuna (Thunnus maccoyii) 2558 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

Permitted Farming Methods FISHERIES ACT 1982 The Director of Fisheries has, pursuant to section 48G (2) of MARINE TUNA FARMING LICENCE FB00011 the Act, issued a permit to disturb the seabed for the purpose of installing the structures specified in this Schedule. Licence to Farm Fish under section 53 of the Fisheries Act 1982 Sea Cages 14 WHEREAS the Director of Fisheries has, pursuant to section Stocking Rates 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to The maximum weight of fish introduced into the site must not the undermentioned licensee to release the fish specified in exceed 400 tonnes in total during the term of the licence. Schedule 2 of this licence (‘the permitted species’) and, pursuant to section 48G (2) of the Act, the Director of Fisheries has also The maximum stocking density of fish introduced into the site issued a permit to disturb the seabed for the purpose of installing must not exceed 4 kg/m 3. structures necessary for the licensed activity at the below SCHEDULE 3 mentioned site, the Minister for Primary Industries, Natural Resources and Regional Development (‘the Minister’) hereby Item 1—Fees grants to: Annual licence fees are: AJKA Pty Ltd $ Marnikol Fisheries Pty Ltd TEMP Environmental Monitoring Fee 30 at P.O. Box 10 $126.70 each...... 3 801.00 Port Lincoln, S.A. 5606, Base Licence Fee 30 at $321.34 each...... 9 640.20 a non-exclusive licence to occupy and use the waters specified in Total Annual Licence Fee...... 13 441.20 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—Public Risk Insurance the period commencing on 1 July 1998 and ending, subject to any Five million dollars ($5 000 000). earlier termination under this licence, on 30 June 1999 (‘the term’) subject to the following terms and conditions: SCHEDULE 4 CONDITIONS OF THIS LICENCE Returns 1. Licence The licensee must submit the following information to the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 The parties acknowledge and agree that: Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and 1.1 the rights, powers and privileges granted to or vested in 31 July during the term of this licence: the licensee under this licence are contractual only and 1. Name of licensee. shall not create or vest in the licensee any estate, interest or right of a proprietary nature in the site; and 2. Address of licensee. 1.2 that, subject to section 53A of the Fisheries Act 1982, 3. Species of fish farmed and held on the site. this licence does not entitle the licensee to exclusive 4. Location of aquaculture operation. rights of entry to and occupation of the site and that the rights granted by this licence are exercisable by the 5. Period covered by return. licensee in common with any other occupiers of the site 6. Number of life stage of each species of fish held. from time to time. 7. Number, weight and value of each species of fish held. 2. Marked-off Areas 8. Details of any disease detected in any fish kept. For the purposes of section 53A of the Fisheries Act 1982, the marked-off areas within the site is that area or those areas 9. Source (whether interstate or intrastate) of any stock marked-off or indicated in the manner set out in Item 2 of acquired and date of acquisition (if relevant, include name Schedule 1 of this licence. of authority that provided certification that stock was free from disease). 3. Permitted Species 10. If any fish were brought into the state, the number of The licensee: fish and the life stage of the fish. 3.1 must not farm or introduce any species at the site other 11. If fish were brought into the state, the purpose for which than the permitted species; and they were brought in. 3.2 must not take any wild fish from the site except for 12. Method of disposal of water and packaging use for recreational purposes. transporting the fish. 4. Permitted Use 13. If any disease or symptom of disease occurred in the The licensee must not use the site for any purpose other than acquired fish. the permitted use. 14. Method of disposal of diseased or dead fish and the 5. Permitted Methods number disposed of. The licensee: 15. Signature, date and telephone number. 5.1 must not stock the permitted species at a rate greater 16. Use of any chemicals for fish husbandry—type of than that specified in Schedule 2 of this licence; chemical and quantity used, purpose and date of use. 5.2 must not use the anti-fouling chemical tributyltin (TBT) on any equipment used at the site; 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2559

5.3 must not use any chemical or drug for either therapeutic 11.2.2 in the event that the Minister is satisfied, on or prophylactic purpose except with the prior approval reasonable grounds, that the fish taken from of the Minister; the waters are not fit for human con- 5.4 must apply the permitted farming methods set out in sumption or that consumption of fish taken Schedule 2 of this licence. from the waters could present a danger to the health of the consumer, the licensee 6. Sea Cages must, in accordance with a written notice The licensee: from the Minister, cease or suspend the conduct of the permitted use or else conduct 6.1 must ensure that all sea cages on the site have anti- the permitted use as directed within the predator protection satisfactory to the Minister at all notice. times during the term; and 12. Public Risk Indemnity 6.2 must immediately inform an officer of PIRSA (Fisheries) on 1800 065 522 or such other officer as the The licensee must at all times indemnify the Minister, his Minister from time to time notifies to the licensee in officers, employees, contractors and agents from and against all writing if any marine animal, other than the permitted claims, demands, actions, judgments, proceedings, damages, losses, species, is caught in any sea cage or other farm structure costs, charges and expenses in respect of any loss of life, personal used by the licensee on the site. injury and/or damage to property caused or suffered in any manner in or about the site. 7. Location of Sea Cages 13. Release The licensee must not erect or use any sea cages in any location on the site where stocked sea cages have been used in the The licensee must use and keep the site at the risk in all things immediately preceding two year period. of the licensee and the licensee must release to the full extent permitted by law the Minister, his agents, contractors and 8. Marking and Maintaining the Site servants in the absence of any wilful act, omission, default or The licensee: neglect on their part from all claims and demands of every kind resulting from any accident damage or injury to persons or 8.1 must ensure that the site is maintained in a good, tidy property occurring at the site, including loss or damage to the and safe condition to the satisfaction of the Minister; licensee’s fixtures or personal property of the licensee. 8.2 must remove and lawfully dispose of any waste or debris 14. Public Risk Insurance on the site as soon as is reasonably practicable and in particular must comply with any guidelines issued from The licensee shall at its own cost and expense during the term time to time by the Minister in relation to the removal effect and keep in full force and effect in respect of the site and from the site of any unhealthy or dead fish; the permitted use a policy of public risk insurance in the joint names of the licensee and the Minister in which the limits of 8.3 must maintain all buoys, crosses, and markers on the site public risk shall not be less than the amount specified in Item 2 of in good condition and in accordance with the colours Schedule 3 of this licence, or such further amount as the Minister specified in Schedule 1 of this licence; and may from time to time reasonably require, as the amount which 8.4 must mark the site boundary in accordance with the may be paid out in respect of any one single claim and a policy of specifications in Schedule 1 of this licence. insurance or copy thereof or a certificate of insurance shall be produced by the licensee to the Minister on request in writing 9. Site Inspection and Supervision being made by the Minister for its production. The licensee: 15. Guarantee or Indemnity Scheme 9.1 must at all times permit the Minister, his employees, The licensee must either: agents or contractors or any employees, agents or contractors of the Crown to enter the site for the 15.1 provide a guarantee from its bankers; or purposes of inspecting the site, the sea floor and the 15.2 contribute to an indemnity scheme established for flora and fauna on or in the vicinity of the site; and the aquaculture and fisheries industry and approved by 9.2 must comply with all reasonable directions of any such the Minister, person authorised by the Director of Fisheries to inspect 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 10. 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 10.1 must pay to the Minister the licence fee in this licence. Such guarantee or indemnity scheme must have accordance with Item l of Schedule 3 of this licence; effect from the date of commencement of the term. 10.2 must on or before 31 January and 31 July during the 16. 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 must not assign or sublet or deal in any other way with any licence. interest in this licence. 11. Compliance With Relevant Laws 17. Default by Licensee and Termination 11.1 the licensee must at all times comply with all laws, The Minister may terminate this licence immediately by notice by-laws or regulations in force which relate to the site in writing served on the licensee if: or the activities conducted in the site and with all notices, orders or requirements lawfully given or made 17.1 the licensee commits or permits any breach or by any authority or authorities in respect of the site; default of the obligations imposed on the licensee by this licence, and following the giving by the Minister 11.2 in particular, without derogating from the general of written notice of such breach or default, the requirement under condition 11 of this licence: licensee either fails to rectify such breach or default 11.2.1 the licensee must not do or permit to be within one calendar month of the date of such notice done in upon or about the site anything (or earlier if the circumstances require) or fails to which in the opinion of the Minister would make diligent progress towards rectifying any such cause or contribute to the degradation or breach which is incapable of rectification within the pollution of any coastal land or the time so limited; or surrounding marine environment; and 2560 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

17.2 the licensee commits or permits any further breach 19. 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 17.1 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. 17.3 the licence fee referred to in condition 10 is unpaid 20. for a period of 14 days after notice has been given to Severance 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 17.4 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 17.4.1 the licensee is unable to pay its debts as and licence. when they fall due or is otherwise insolvent; 21. Modification 17.4.2 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 17.4.3 the licensee enters into a scheme of arrange- variation or addition is made in writing, signed by both the ment, compromise, moratorium or other Minister and the licensee and expressed to be either supplemental form of composition with its creditors or to or in substitution for the whole or a part of this licence. any class of its creditors; 22. Waiver 17.4.4 a receiver, a manager or a receiver and 22.1 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. 17.4.5 a mortgagee, chargee or other encum- 22.2 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 22.3 No forbearance, delay or indulgence by the Minister 17.5 if the licensee is an individual, the licensee: in enforcing the provisions of this licence shall 17.5.1 becomes bankrupt or assigns its estate or prejudice or restrict the rights of the Minister. enters into a deed of arrangement or other 23. form of composition for the benefit of the Notices licensee’s creditors; or 23.1 Notices may be served by delivering the same personally, by mail or facsimile transmission and shall 17.5.2 is convicted of an indictable offence. be: Termination of this licence by the Minister shall be 23.1.1 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 18. Interpretation licensee); Subject to any inconsistency of subject or context, the 23.1.2 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; 18.1 any word importing the plural includes the singular 23.1.3 deemed to be duly served or made in the and vice versa; following circumstances: 18.2 any wording importing a gender shall include all (a) if delivered, upon delivery; other genders; (b) if sending by mail, upon posting; 18.3 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 18.4 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, 18.5 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; 23.2 The Minister and the licensee may each vary their 18.6 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, 18.7 where two or more persons are named as licensees, delegate of the Minister, on 5 May 1999. this licence shall bind the licensees jointly and each of G. MORGAN, Director of Fisheries them severally; and The licensee hereby acknowledges and agrees to the terms and 18.8 time is of the essence in respect of any obligation conditions of this licence. relating to time in this licence. The Common Seal of Marnikol Fisheries Pty Ltd was hereunto affixed in the presence of: (L.S.) M. VALCIC, Director 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2561

SCHEDULE 1 Item 1—Fees Item 1—The Site Annual licence fees are: Area applicable to this licence: $ TEMP Environmental Monitoring Fee 30 at Licensed Area Licensed $126.70 each ...... 3 801.00 Hectares Base Licence Fee 30 at $321.34 each ...... 9 640.20 Zone 53 Total Annual Licence Fee ...... 13 441.20 587548E 6159578N 135°57¢21² -34°42¢07² 30 588196E 6159954N 135°57¢46² -34°41¢54² Item 2—Public Risk Insurance 588397E 6159608N 135°57¢54² -34°42¢05² Five million dollars ($5 000 000). 587748E 6159232N 135°57¢29² -34°42¢18² SCHEDULE 4 All structures, equipment, buoys and flotations (except for that required by the Department for Transport, Urban Planning and Returns the Arts) must be black, dark grey, dark blue, dark brown, or dark The licensee must submit the following information to the green coloured materials. Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 The boundary of the site to be marked either with: Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and 31 July during the term of this licence: (a) (1) At the corners with posts extending 900 mm above mean high water springs. Such posts to be marked 1. Name of licensee. with a St Andrews cross, each cross arm measuring 2. Address of licensee. 900 mm from tip to tip, minimum width 75 mm. 3. Species of fish farmed and held on the site. (2) Posts to be not less than 125 mm in diameter. 4. Location of aquaculture operation. (3) Posts and crosses to be painted yellow. 5. Period covered by return. (4) The ends of each cross to be marked with a 6. Number of life stage of each species of fish held. 200 mm strip of yellow retro-reflective tape. 7. Number, weight and value of each species of fish held. (5) Between the corner posts at intervals not exceeding 8. Details of any disease detected in any fish kept. 50 m, buoys not less than 300 mm in diameter. 9. Source (whether interstate or intrastate) of any stock (6) All buoys, posts, crosses and markers must be acquired and date of acquisition (if relevant, include name maintained in good condition. of authority that provided certification that stock was or free from disease). (b) (1) At each corner, yellow spar buoys with a St 10. If any fish were brought into the state, the number of Andrews cross as a top mark placed at least fish and the life stage of the fish. 900 mm above the buoy, cross arms 900 mm long x 11. If fish were brought into the state, the purpose for which 75 mm wide. they were brought in. (2) At distances not exceeding 50 m between the 12. Method of disposal of water and packaging use for corner spar buoys, yellow spherical buoys not less transporting the fish. than 300 mm in diameter. 13. If any disease or symptom of disease occurred in the (3) The buoys and topmarks must all be coloured acquired fish. yellow and marked with a yellow retro-reflective as 14. Method of disposal of diseased or dead fish and the in (a) (4). number disposed of. (4) All buoys, posts, crosses and markers must be 15. Signature, date and telephone number. maintained in good condition. 16. Use of any chemicals for fish husbandry—type of When the site is in navigable water and possible danger to chemical and quantity used, purpose and date of use. navigation, lights 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. GAMING MACHINES ACT 1992 All sea cages on the site must be marked with a unique sea Notice of Application for Transfer of a Gaming Machine Licence cage number and the site’s unique ‘FB number’; that is, the NOTICE is hereby given, pursuant to section 29 of the Gaming licence number. All St Andrew’s crosses must be marked with the Machines Act 1992, that Parafield Washers Pty Ltd (ACN 084 site’s unique ‘FB number’; that is the licence number. 519 326) as trustee for the Farrelly Investment Trust, 59 Item 2—Marked-Off Areas Pennington Terrace, North Adelaide, S.A. 5006 has applied to the Liquor Licensing Commissioner for the transfer of a Gaming Marked-off areas must be marked with no less the 8 equally Machine Licence in respect of premises situated at 117 Kermode spaced white buoys, each of at least 12 inches in diameter, each Street, North Adelaide, S.A. 5006 and known as Queens Head positioned no more than 70 m from each relevant sea cage Hotel. situated on the site. The application has been set down for hearing on 11 June SCHEDULE 2 1999. Permitted Species Any person may object to the application by lodging a notice The Director of Fisheries has, pursuant to section 50 (2) of the of objection in the prescribed form with the Liquor Licensing Act, issued a permit for the release of the fish specified in this Commissioner, and serving a copy of the notice on the applicant Schedule. at the applicant’s address given above, at least seven days before the hearing date. Southern Bluefin Tuna (Thunnus maccoyii) Plans in respect of the premises the subject of the application Permitted Farming Methods are open to public inspection without fee at the Office of the The Director of Fisheries has, pursuant to section 48G (2) of Liquor Licensing Commissioner, 9th Floor, East Wing, G.R.E. the Act, issued a permit to disturb the seabed for the purpose of Building, 50 Grenfell Street, Adelaide 5000. installing the structures specified in this Schedule. Dated 29 April 1999. Sea Cages 14 Applicant Stocking Rates The maximum weight of fish introduced into the site must not exceed 400 tonnes in total during the term of the licence. The maximum stocking density of fish introduced into the site must not exceed 4 kg/m 3. SCHEDULE 3 2562 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

GOVERNMENT GAZETTE ADVERTISEMENT RATES To apply from 1 September 1998

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

GOVERNMENT GAZETTE NOTICES ALL private advertisements forwarded for publication in the South Australian Government Gazette must be PAID FOR PRIOR TO INSERTION; and all notices, from whatever source, should be legibly written on one side of the paper only and sent to Riverside 2000 so as to be received no later than 4 p.m. Tuesday preceding the day of publication. Phone 8207 1045 or Fax 8207 1040. 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2563

MISCELLANEOUS LEGISLATION AND GOVERNMENT PUBLICATIONS PRICES AS FROM 1 SEPTEMBER 1998

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

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All Legislation, Government Gazette, Hansard and Legislation on disk are available from: Counter Sales: Information SA (State Government Bookshop) Australis Centre, Ground Floor, 77 Grenfell Street, Adelaide, S.A. 5000. Phone: (08) 8204 1900. Fax: (08) 8204 1909 S.A. Country Customer Free Call: 1800 182 234 TTY (Hearing Impaired): (08) 8204 1923 Mail Orders: Information SA Subscription and Mail Order Service: Phone: (08) 8204 9449. Fax: (08) 8204 1898 P.O. Box 1, Rundle Mall, Adelaide, S.A. 5000. 2564 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

GOVERNMENT LAND SALE LIQUOR LICENSING ACT 1997 UNDER THE CROWN LANDS ACT 1929 Notice of Application SECTION 228 NOTICE is hereby given, pursuant to section 52 (2) (b) of the Department for Environment, Heritage and Aboriginal Liquor Licensing Act 1997, that Parafield Washers Pty Ltd (ACN Affairs, Adelaide, 11 May 1999 084 519 326) as Trustee for the Farrelly Investment Trust, 59 Pennington Terrace, North Adelaide, S.A. 5006 has applied to NOTICE is hereby given that the undermentioned Crown Land the Licensing Authority for the transfer of a Hotel Licence in will be offered for sale by public auction at Italo-Australian respect of premises situated at 117 Kermode Street, North Miners Club, Italian Club Road, Coober Pedy, on Thursday, 11 Adelaide, S.A. 5006 and known as Queens Head Hotel. May 1999, at 4 p.m. The application has been set down for hearing on 11 June Conditions of Sale 1999. Subject to a reserve price the allotment shall be sold at the Any person may object to the application by lodging a notice highest bid. of objection in the prescribed form with the Licensing Authority, If any dispute arises at the fall of the hammer, the allotment and serving a copy of the notice on the applicant at the may be put up again at the discretion of the auctioneer. applicant’s address given above, at least seven days before the hearing date. The allotment will not be sold to any person under the age of 18 years and no such person shall be entitled to obtain a land Plans in respect of the premises the subject of the application grant. are open to public inspection without fee at the Office of the Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. All biddings must be made in an audible voice; and the name of Building, 50 Grenfell Street, Adelaide 5000. the purchaser as declared by the highest bidder will be announced by the auctioneer, and immediately entered by him, against the Dated 5 May 1999. allotment sold; and such entry shall be taken as conclusive Applicant evidence of the allotment having been bought by the person whose name has been so announced and entered; and the land grant shall issue accordingly. LIQUOR LICENSING ACT 1997 No advance of less than one dollar will be taken as a bid by the Notice of Application auctioneer. NOTICE is hereby given, pursuant to section 52 (2) (b) of the If at the conclusion of sale any deposit that is unpaid the Liquor Licensing Act 1997, that Kellyvale (No. 87) Pty Ltd has allotment may be at once re-offered. applied to the Licensing Authority for a Variation to an Extended Time shall be deemed to be of the essence of the contract. Trading Authorisation in respect of premises situated at 88 Wright Street, Adelaide, S.A. 5000 and known as Old Queen’s The sale is also subject to all Acts and Regulations now in force Arms Hotel. relating to the sale of Crown Lands. The application has been set down for hearing on 11 June The purchaser shall pay to the Department for Environment, 1999. Heritage and Aboriginal Affairs the full purchase money or a deposit of at least 20 per centum thereof at the time of the sale Conditions and the balance, if any, within one calendar month or 20 per The following licence conditions are sought: centum of the purchase price on fall of the hammer with the Variation to an Extended Trading Authorisation to Authorise balance to be paid under agreement for sale and purchase the sale of liquor for consumption on the licensed premises on conditions. Sunday, 8 a.m. to 11 a.m. and 8 p.m. to 10 p.m. and for The purchaser shall also pay within one calendar month of the consumption off the licensed premises on Sunday 8 a.m. to date of the sale the sum of $225 for the preparation and 11 a.m. and 8 p.m. to 9 p.m. registration of a land grant. Any person may object to the application by lodging a notice D. C. KOTZ, Minister for Environment and of objection in the prescribed form with the Licensing Authority, Heritage and serving a copy of the notice on the applicant at the ¾¾¾ applicant’s address given above, at least seven days before the hearing date. THE SCHEDULE Plans in respect of the premises the subject of the application TOWN OF COOBER PEDY—OUT OF HUNDREDS are open to public inspection without fee at the Office of the Commercial Purposes Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Building, 50 Grenfell Street, Adelaide 5000. Allotment Area (Square Metres) Dated 6 May 1999. 32 4 716 Applicant Residential Purposes Allotment Area (Square Metres) LIQUOR LICENSING ACT 1997 137 980 Notice of Application 874 2 566 NOTICE is hereby given, pursuant to section 52 (2) (b) of the 1685 in Deposited Liquor Licensing Act 1997, that Maya Sweets Pty Ltd has applied Plan 25330 3 635 to the Licensing Authority for a Restaurant Licence in respect of Building time conditions nil. premises to be situated at 10 Market Place, Adelaide, S.A. 5000 and to be known as Maya Indian Sweets. A. J. HOLMES, Director, Heritage and Biodiversity The application has been set down for hearing on 11 June DEHAA 14/0176 1999. 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2565

Any person may object to the application by lodging a notice LIQUOR LICENSING ACT 1997 of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicant at the Notice of Application applicant’s address given above, at least seven days before the NOTICE is hereby given, pursuant to section 52 (2) (b) of the hearing date. Liquor Licensing Act 1997, that Paul Anthony Wallace, Ross Stanley Walkington and Elizabeth Carol Taylor have applied to Plans in respect of the premises the subject of the application the Licensing Authority for a Variation to an Extended Trading are open to public inspection without fee at the Office of the Authorisation in respect of premises situated at 233 Currie Street, Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Adelaide, S.A. 5000 and known as Edinburgh Castle Hotel. Building, 50 Grenfell Street, Adelaide 5000. The application has been set down for hearing on 11 June Dated 10 May 1999. 1999. Applicant Conditions The following licence conditions are sought: LIQUOR LICENSING ACT 1997 Variation to an Extended Trading Authorisation to authorise Notice of Application the sale of liquor for consumption on the licensed premises between the following hours, Monday to Saturday: midnight to NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that Adrian Saturno Nominees Pty 3 a.m. the following morning and Sunday: 8 p.m. to 3 a.m. the Ltd (ACN 007 891 447) and Leon Saturno Nominees Pty Ltd following morning. (ACN 007 891 439) both of 97 The Parade, Norwood, S.A. 5067 Any person may object to the application by lodging a notice have applied to the Licensing Authority for a Retail Liquor of objection in the prescribed form with the Licensing Authority, Merchant’s Licence in respect of premises to be situated at Shops and serving a copy of the notice on the applicants at the 9, 9A and 10, Dernancourt Shopping Centre, 840 Lower North applicants’ address given above, at least seven days before the East Road, Dernancourt, S.A. 5075 and to be known as Saturno’s hearing date. Dernancourt Cellars. Plans in respect of the premises the subject of the application The application has been set down for hearing on 11 June 1999 are open to public inspection without fee at the Office of the at 9 a.m. Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Any person may object to the application by lodging a notice Building, 50 Grenfell Street, Adelaide 5000. of objection in the prescribed form with the Licensing Authority, Dated 7 May 1999. and serving a copy of the notice on the applicants at the Applicants applicants’ address given above, at least seven days before the hearing date. Plans in respect of the premises the subject of the application LIQUOR LICENSING ACT 1997 are open to public inspection without fee at the Office of the Notice of Application Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Building, 50 Grenfell Street, Adelaide 5000. NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that Adelaide University Union Dated 30 April 1999. known as The Adelaide University Union of The University of Applicants Adelaide, North Terrace, Adelaide, S.A. 5005 has applied to the Licensing Authority for a Variation of conditions of licence, being a Special Circumstances Licence in respect of premises LIQUOR LICENSING ACT 1997 situated at The University of Adelaide, North Terrace, Adelaide, S.A. 5005 and known as Adelaide University Union. Notice of Application The application has been set down for hearing on 11 June NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that Renmark Hotel Inc. has applied 1999. to the Licensing Authority for a Variation to the Condtions of Conditions the Entertainment Consent in respect of premises situated at The following licence conditions are sought: Murray Avenue, Renmark and known as Renmark Hotel Motel. 1. To sell liquor in the whole of the licensed premises during The application has been set down for hearing on Friday, 11 the following times: June 1999 at 9 a.m. Monday to Thursday, inclusive between 11 a.m. and 1 a.m. Conditions on the following day; on Friday and Saturday, inclusive from The following licence conditions are sought: 11 a.m. to 3 a.m. the following day; on Sunday, from noon That entertainment shall be permitted in the proposed new to midnight. lounge, lobby and function room. 2. To sell liquor for consumption off the premises to the The entertainment in the function room shall be confined to University of Adelaide, University of Adelaide Clubs, receptions and private functions only. University of Adelaide Faculties for consumption at organised functions or events being conducted under the auspices of those The entertainment in the lobby and lounge shall be entities and being held on the University of Adelaide Campus, occasional and comprise only light non-intrusive music. and to individual students of the University of Adelaide for Any person may object to the application by lodging a notice consumption off the University of Adelaide Campus. Liquor of objection in the prescribed form with the Licensing Authority, sold pursuant to this authorisation shall not be in quantities and serving a copy of the notice on the applicant at the consistent with personal or individual consumption. applicant’s address given above, at least seven days before the 3. Authorisation for the sale of liquor in the areas outlined in hearing date. blue on the Plan accompanying the application at such times as Plans in respect of the premises the subject of the application the licensee elects to do so in conjunction with a function or are open to public inspection without fee at the Office of the functions to be conducted at the licensed premises between the Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. following times: Building, 50 Grenfell Street, Adelaide 5000. On a Friday, Saturday or a day falling on the eve of a Dated 5 May 1999. Public Holiday between 11 a.m. and 1 a.m. on the morning next following that day, and on any other day between Applicant 11 a.m. and midnight. 2566 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

The applicant applies for entertainment consent in Any person may object to the application by lodging a notice respect of such function or functions. of objection in the prescribed form with the Licensing Authority, Any person may object to the application by lodging a notice and serving a copy of the notice on the applicants at the of objection in the prescribed form with the Licensing Authority, applicants’ address given above, at least seven days before the and serving a copy of the notice on the applicant at the hearing date. applicant’s address given above, at least seven days before the Plans in respect of the premises the subject of the application hearing date. are open to public inspection without fee at the Office of the Plans in respect of the premises the subject of the application Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. are open to public inspection without fee at the Office of the Building, 50 Grenfell Street, Adelaide 5000. Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Dated 4 May 1999. Building, 50 Grenfell Street, Adelaide 5000. Applicants Dated 4 May 1999. Applicant LIQUOR LICENSING ACT 1997 Notice of Application LIQUOR LICENSING ACT 1997 NOTICE is hereby given, pursuant to section 52 (2) (b) of the Notice of Application Liquor Licensing Act 1997, that St Peters Winery Pty Ltd, 57 North Terrace, Adelaide, S.A. 5000 has applied to the Licensing NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that Baileyana Pty Ltd (ACN 087 Authority for the transfer of a Producer’s Licence in respect of 432 362), c/o Bonnins, Level 14, 100 King William Street, premises situated at Lot No. 222, Renmark Avenue, Renmark, Adelaide, S.A. 5000 has applied to the Licensing Authority for S.A. 5341 and known as Chris Stamou Winery. the transfer of a Residential Licence in respect of the premises The application has been set down for hearing on 15 June 1999 situated at 2 Hawker Avenue, Plympton Park and known as at 9 a.m. Adelaide Supercentre Motel. Any person may object to the application by lodging a notice The application has been set down for hearing on 15 June 1999 of objection in the prescribed form with the Licensing Authority, at 10.30 a.m. and serving a copy of the notice on the applicant at the Any person may object to the application by lodging a notice applicant’s address given above, at least seven days before the of objection in the prescribed form with the Licensing Authority, hearing date. and serving a copy of the notice on the applicant at the Plans in respect of the premises the subject of the application applicant’s address given above, at least seven days before the are open to public inspection without fee at the Office of the hearing date. Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Plans in respect of the premises the subject of the application Building, 50 Grenfell Street, Adelaide 5000. are open to public inspection without fee at the Office of the Dated 16 April 1999. Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. Applicant Building, 50 Grenfell Street, Adelaide 5000. Applicant IRRIGATION ACT 1994 LIQUOR LICENSING ACT 1997 Grant of Application for Inclusion of Land in an Irrigation District Notice of Application TAKE notice that Michael Armitage, Minister for Government NOTICE is hereby given, pursuant to section 52 (2) (b) of the Enterprises and the Golden Heights Irrigation Trust Incor- Liquor Licensing Act 1997, that Richard John Kostrzej and Kym porated, pursuant to section 12 of the Irrigation Act 1994, do Sharon Angerson have applied to the Licensing Authority for the hereby grant the application by P. Falcinella and Partners (the transfer of a Restaurant Licence in respect of premises situated at applicant) for the inclusion of section 127, Hundred of Waikerie Unit 3, 69 Fullarton Road, Kent Town, S.A. 5067 and known as in the Golden Heights Irrigation District. Gowree’s Bistro. This grant of application is subject to the following conditions: The application has been set down for hearing on 15 June 1999 1. Pursuant to section 33 (2) of the Irrigation Act 1994, the at 10 a.m. Golden Heights Irrigation Trust will fix an initial water Any person may object to the application by lodging a notice allocation to P. Falcinella and Partners. of objection in the prescribed form with the Licensing Authority, 2. The cost of the main to supply the said land will be borne and serving a copy of the notice on the applicants at the by the applicant. applicants’ address given above, at least seven days before the hearing date. 3. The internal irrigation system within section 127, Hundred of Waikerie must be approved by the Golden Heights Plans in respect of the premises the subject of the application Irrigation Trust. are open to public inspection without fee at the Office of the Liquor Licensing Commissioner, 2nd Floor, East Wing, G.R.E. 4. B. P. Falcinella and Partners shall submit a professionally Building, 50 Grenfell Street, Adelaide 5000. developed Land and Water Management Plan to the Golden Heights Irrigation Trust, and shall comply with the require- Dated 4 May 1999. ment to measure soil moisture and irrigate in accordance with Applicants the Plan. 5. The payment of a Water Supply Charge and Water Usage LIQUOR LICENSING ACT 1997 Charge as determined specifically by the Trust, from time to time, in respect to this land. Notice of Application 6. This approval takes effect from the date hereof. NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that Valma Patricia Downton and Dated 3 May 1998. Richard Swain Banks, have applied to the Licensing Authority for (L.S.) MICHAEL ARMITAGE, Minister for the transfer of a Special Circumstances Licence in respect of Government Enterprises premises situated at Café on the Course at McCracken Country Signed for and on behalf of the Golden Heights Irrigation Trust. Club, Adelaide Road, Victor Harbor, S.A. 5211. (L.S.) B. J. HARDEN, Chairman The application has been set down for hearing on 15 June 1999 at 9.30 a.m. M. VEGTER, Secretary ROADS (OPENING AND CLOSING) ACT, 1991 SECTION 24 NOTICE OF CONFIRMATION OF ROAD PROCESS ORDER 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2567

Davidson Road, Barmera— in accordance with the agreement for transfer dated 13 June Deposited Plan 49132 1997 entered into between The Berri Barmera Council and BY Road Process Order made on 14 November 1997, The Berri S. Karathanasis and P. Karathanasis. Barmera Council ordered that: 13. Vest in the Crown the whole of the land subject to 1. Portion of the public road (Davidson Road) situated closure lettered ‘M’ and add that land to Section 499 held by between Gordon Road and Basham Road and adjacent to NICOLAS MAGIARAPIS and MARIA MAGIARAPIS under Dunstone Road, more particularly delineated and lettered ‘A’ Crown Lease Volume 1063 Folio 48 in accordance with the to ‘H’, (inclusive) ‘J’ to ‘N’ (inclusive) and ‘P’ to ‘U’ agreement for transfer dated 29 May 1997 entered into (inclusive) in Preliminary Plan No. PP32/0082 be closed. between The Berri Barmera Council and N. Magiarapis and M. Magiarapis. 2. Vest in the Crown the whole of the land subject to closure lettered ‘A’ and add that land to Section 1122 held by 14. Vest in the Crown the whole of the land subject to SPIRIDON SIOZIOS under Crown Lease Volume 1604 Folio 90 closure lettered ‘N’ and add that land to Section 500 held by in accordance with the agreement for transfer dated 22 May KEVIN HOWARD DUNSTONE and MARGARET EDNA 1997 entered into between The Berri Barmera Council and DUNSTONE under Crown Lease Volume 858 Folio 29 in S. Siozios. accordance with the agreement for transfer dated 28 April 3. Vest in the Crown the whole of the land subject to closure 1997 entered into between The Berri Barmera Council and lettered ‘B’ and add that land to Allotment 1 in DP 23340 held K. H. Dunstone and M. E. Dunstone. by CLYDE RANDALL SIVIOUR and JENNIFER MURIEL 15. Vest in the Crown the whole of the land subject to SIVIOUR under Crown Lease Volume 1018 Folio 18 in closure lettered ‘P’ and add that land to Section 501 held by accordance with the agreement for transfer dated 9 May 1997 DAVID WILLIAM CLAYTON and LEONIE HELEN entered into between The Berri Barmera Council and C. R. CLAYTON under Crown Lease Volume 836 Folio 26 in Siviour and J. M. Siviour. accordance with the agreement for transfer dated 6 May 1997 4. Vest in the Crown the whole of the land subject to closure entered into between The Berri Barmera Council and D. W. lettered ‘C’ and add that land to Allotment 2 in DP 23340 held Clayton and L. H. Clayton by CLYDE RANDALL SIVIOUR and JENNIFER MURIEL 16. Vest in the Crown the whole of the land subject to SIVIOUR under Crown Lease Volume 787 Folio 2 in closure lettered ‘Q’ and add that land to Section 502 held by accordance with the agreement for transfer dated 9 May 1997 RALPH PAUL KALISCH and BARBERA KALISCH under entered into between The Berri Barmera Council and C. R. Crown Lease Volume 809 Folio 33 in accordance with the Siviour and J. M. Siviour. agreement for transfer dated 30 April 1997 entered into 5. Vest in the Crown the whole of the land subject to closure between The Berri Barmera Council and R. P. Kalisch and lettered ‘D’ and add that land to Section 492 held by RICKY B. Kalisch. MARK HAMOOD and WENDY MARIE HAMOOD under 17. Vest in the Crown the whole of the land subject to Crown Lease Volume 915 Folio 6 in accordance with the closure lettered ‘R’ and add that land to Section 503 held by agreement for transfer dated 1 May 1997 entered into between JASON CLEVE PERRIN under Crown Lease Volume 806 Folio The Berri Barmera Council and R. M. Hamood and W. M. 25 in accordance with the agreement for transfer dated 30 May Hamood. 1997 entered into between The Berri Barmera Council and J. C. 6. Vest in the Crown the whole of the land subject to closure Perrin. lettered ‘E’ and add that land to Section 817 held by RICKY MARK HAMOOD and WENDY MARIE HAMOOD under 18. Vest in the Crown the whole of the land subject to Crown Lease Volume 1604 Folio 91 in accordance with the closure lettered ‘S’ and add that land to Section 504 held by agreement for transfer dated 1 May 1997 entered into between REGINALD KEITH BROCK and VIVIENNE HEATHER The Berri Barmera Council and R. M. Hamood and W. M. BROCK under Crown Lease Volume 1065 Folio 14 in Hamood. accordance with the agreement for transfer dated 18 April 1997 entered into between The Berri Barmera Council and 7. Vest in the Crown the whole of the land subject to closure R. K. Brock and V. H. Brock. lettered ‘F’ and add that land to Section 493 held by GILLIAN RUTH BEESON (formerly GILLIAN RUTH ATKINSON) 19. Vest in the Crown the whole of the land subject to under Crown Lease Volume 1592 Folio 80 in accordance with closure lettered ‘T’ and add that land to Section 505 held by the agreement for transfer dated 23 September 1997 entered GRAHAM ERNEST ALBERT WELLBY and JOAN into between The Berri Barmera Council and G. R. BEESON HARRIETT WELLBY under Crown Lease Volume 1390 Folio (formerly G. R. Atkinson). 46 in accordance with the agreement for transfer dated 22 8. Vest in the Crown the whole of the land subject to closure April 1997 entered into between The Berri Barmera Council lettered ‘G’ and add that land to Section 494 held by GLEN and G. E. A. Wellby and J. H. Wellby. DROGEMULLER and DEBRA HELEN DROGEMULLER 20. Vest in the Crown the whole of the land subject to under Crown Lease Volume 1580 Folio 35 in accordance with closure lettered ‘U’ and add that land to Section 842 held by the agreement for transfer dated 15 June 1997 entered into DENNIS KEITH SMART and CORRINA VIVIENNE SMART between The Berri Barmera Council and G. Drogemuller and D. under Crown Lease Volume 1034 Folio 45 in accordance with H. Drogemuller. the agreement for transfer dated 28 May 1997 entered into 9. Vest in the Crown the whole of the land subject to closure between The Berri Barmera Council and D. K. Smart and C. V. lettered ‘H’ and add that land to Section 495 held by ROBERT Smart. JOHN BANNISTER and SHARON ANNE BANNISTER under On 11 December 1997 that order was confirmed by the Crown Lease Volume 1572 Folio 45 in accordance with the Minister for Environment and Heritage, conditionally on agreement for transfer dated 13 June 1997 entered into approval and deposit of the survey plan by the Registrar-General. between The Berri Barmera Council and R. J. Bannister and The condition has now been fulfilled. S. A. Bannister. Pursuant to section 24(5) of the Roads (Opening and Closing) 10. Vest in the Crown the whole of the land subject to Act 1991, NOTICE of the order referred to above and its closure lettered ‘J’ and add that land to Section 496 held by confirmation is hereby given. ITALO SANT under Crown Lease Volume 1592 Folio 17 in accordance with the agreement for transfer dated 29 April Dated 13 May 1999. 1997 entered into between The Berri Barmera Council and P. M. KENTISH, Surveyor-General Italo Sant. 11. Vest in the Crown the whole of the land subject to closure lettered ‘K’ and add that land to Section 497 held by MANFREDO ADRIAN MONACO and NICOLLETTA MONACO under Crown Lease Volume 1575 Folio 39 in accordance with the agreement for transfer dated 15 April 1997 entered into between The Berri Barmera Council and M. A. Monaco and N. Monaco. 12. Vest in the Crown the whole of the land subject to closure lettered ‘L’ and add that land to Section 498 held by SOKRATIS KARATHANASIS and PANAGIOTA KARATHANASIS under Crown Lease Volume 1609 Folio 48 2568 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

ROADS (OPENING AND CLOSING) ACT 1991 Primary Industries and Resources Road Closure—Belfast Street, Athol Park 14. Seed Certification and testing. 15. Scientific Diagnostic Services. NOTICE is hereby given, pursuant to section 10 of the Roads (Opening and Closing) Act 1991, that the CITY OF CHARLES Education, Training and Employment STURT proposes to make a Road Process Order to close and 16. Learning Materials Sales (e.g. Curriculum Resource Unit). transfer to Packaging Investments Pty Ltd the whole of the 17. International Program: public road (Belfast Street) east of allotment 6 on Deposited Plan —Student Recruitment. 49813 and south of Ely Street, as more particularly delineated —International Business. and lettered ‘A’ on Preliminary Plan No. PP32/0449. A copy of the plan and a statement of persons affected are available for public inspection at the office of the Council at 72 VALUATION OF LAND ACT 1971 Woodville Road, Woodville, S.A. 5011 and the Adelaide Office of Notice of General Valuation the Surveyor-General during normal office hours. PURSUANT to the Valuation of Land Act 1971, notice is hereby Any application for easement or objection must set out the full given that within the following Local Government Areas, I have name, address and details of the submission and must be fully made a general valuation of all land subject to general valuation supported by reasons. and the dates of completion were as follows: The application for easement or objection must be made in L.G.A. Local Government Areas Date of writing to the Council at P.O. Box 1 Woodville, S.A. 5011 No. Completion WITHIN 28 DAYS OF THIS NOTICE and a copy must be 6802 Eyre UIA ...... 26.12.98 forwarded to the Surveyor-General at G.P.O. Box 1354, Adelaide 6710 Naracoorte & Lucindale 1 ...... 6.2.99 S.A. 5001. Where a submission is made, the Council will give 6720 Naracoorte & Lucindale 2 ...... 6.2.99 notification of a meeting at which the matter will be considered. 5130 Karoonda East Murray ...... 6.2.99 Dated 13 May 1999. 6400 Lacepede ...... 6.2.99 3030 Wakefield 1...... 6.2.99 P. M. KENTISH, Surveyor-General 3720 Wakefield 2...... 6.2.99 8220 Robe...... 20.2.99 2600 Yankalilla...... 13.2.99 TREASURY AND FINANCE 2400 Charles Sturt 1...... 27.2.99 Competitive Neutrality—Significant Business Activities 2500 Charles Sturt 2...... 27.2.99 THE South Australian Competitive Neutrality Policy Statement 3430 Barunga West 1...... 6.3.99 provides for the identification of significant business activities 9420 Barunga West 2...... 6.3.99 undertaken by Government Agencies in two categories: 3530 Port Pirie 1...... 27.2.99 3540 Port Pirie 2...... 27.2.99 • Category 1 (Revenue greater than $2 million per annum or 3550 Port Pirie 3...... 27.2.99 assets valued at greater than $20 million); and 7830 Streaky Bay...... 27.2.99 • Category 2 (Other significant business activities). 7840 Ceduna ...... 13.3.99 Category 1 significant government businesses have previously 1100 Holdfast Bay 1 ...... 27.2.99 been identified by the Government. The Government has since 1200 Holdfast Bay 2 ...... 27.2.99 determined that the Fire Equipment Services business activity is a 4830 Flinders Ranges 1...... 6.3.99 Category 1 significant business activity for competitive neutrality 7400 Flinders Ranges 2...... 6.3.99 purposes. The Government has determined that the business 7560 Berri Barmera...... 6.3.99 activities in Table 1 are Category 2 significant business activities 2100 West Torrens 1...... 6.3.99 for competitive neutrality purposes. 2200 West Torrens 2...... 6.3.99 7530 Renmark Paringa...... 13.3.99 Table 1: Category 2 Other Significant Business Activities 4150 Murray Bridge ...... 6.3.99 Premier and Cabinet 4000 Tatiara...... 6.3.99 4230 Goyder 1 ...... 13.3.99 1. Interpretation and translating services. 4240 Goyder 2 ...... 13.3.99 2. Tourism Commission wholesale programs—SA Shorts and 6805 Lower North UIA...... 13.3.99 SA Getaway. 9810 Goyder 3 ...... 13.3.99 Industry and Trade 9820 Goyder 4 ...... 13.3.99 3. SA Centre for Manufacturing—Advanced Manufacturing 4530 Victor Harbor...... 13.3.99 Facility. 9270 Le Hunte...... 20.3.99 5120 Coorong 1...... 20.3.99 Transport, Urban Planning and the Arts 5700 Coorong 2...... 20.3.99 4. Artlab. 8000 Coorong 3...... 20.3.99 1000 Marion...... 20.3.99 Human Services 0710 Metro UIA...... 20.3.99 5. Modbury Hospital Rental Accommodation. 4610 Yorke Peninsula 1...... 27.3.99 6. RAH Rental Accommodation. 5410 Yorke Peninsula 2...... 27.3.99 7. North Western Adelaide Health Service Equipment Hire 5420 Yorke Peninsula 3...... 27.3.99 (outside customers). 5430 Yorke Peninsula 4...... 27.3.99 Flinders Medical Centre: 6804 Yorke UIA...... 27.3.99 8. —Commercial Car Park. 5010 Peterborough 1...... 27.3.99 9. —Rental of Flats. 5030 Peterborough 2...... 27.3.99 10. —Southpath SA Pathology Services. 6600 Port Augusta...... 27.3.99 Administrative and Information Services 9280 Franklin Harbour ...... 27.3.99 11. Building Maintenance Services. 3130 Kapunda Light...... 27.3.99 12. Supply SA Contract Services. 0900 Unley...... 27.3.99 0400 Port Adelaide Enfield 1 ...... 3.4.99 Environment, Heritage and Aboriginal Affairs 0600 Port Adelaide Enfield 2 ...... 3.4.99 13. Cleland Wildlife Park. 4820 Orroroo Carrieton 1...... 10.4.99 5020 Orroroo Carrieton 2...... 10.4.99 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2569

L.G.A. Local Government Areas Date of No. Completion 9260 Cleve ...... 10.4.99 5500 Loxton Waikerie 1 ...... 10.4.99 8210 Naracoorte Lucindale 3...... 10.4.99 1300 Onkaparinga 1 ...... 10.4.99 1400 Onkaparinga 2 ...... 10.4.99 5210 Kangaroo Island 1...... 10.4.99 5230 Kangaroo Island 2...... 10.4.99 8600 Onkaparinga 3 ...... 10.4.99 2000 Walkerville...... 10.4.99 2910 Playford 1...... 10.4.99 3200 Playford 2...... 10.4.99 5910 Loxton Waikerie 2 ...... 10.4.99 7550 Loxton Waikerie 3 ...... 10.4.99 9690 Barossa ...... 17.4.99 6920 Roxby Downs...... 24.4.99 9250 Tumby Bay...... 24.4.99 3840 Mount Gambier CP ...... 24.4.99 3120 Mallala...... 24.4.99 6806 Southern UIA...... 24.4.99 0300 Adelaide Hills 1...... 24.4.99 0500 Prospect ...... 24.4.99 3300 Adelaide Hills 2...... 24.4.99 4710 Adelaide Hills 3...... 24.4.99 5630 Adelaide Hills 4...... 24.4.99 1700 Campbelltown ...... 17.4.99 7610 Northern Areas 1...... 24.4.99 7630 Northern Areas 2...... 24.4.99 8710 Northern Areas 3...... 24.4.99 8500 Whyalla...... 1.5.99 9000 Kimba ...... 1.5.99 9360 Elliston...... 1.5.99 3820 Grant 1 ...... 1.5.99 7310 Grant 2 ...... 1.5.99 8400 Wattle Range 1...... 1.5.99 8920 Wattle Range 2...... 1.5.99 8930 Wattle Range 3...... 1.5.99 4720 Mid Murray 1...... 1.5.99 4900 Gawler...... 1.5.99 5620 Mid Murray 2...... 1.5.99 7100 Mid Murray 3...... 1.5.99 9830 Mid Murray 4...... 1.5.99 0800 Mitcham...... 24.4.99 1500 Norwood Payneham & St Peters 1...... 1.5.99 1600 Norwood Payneham & St Peters 2...... 1.5.99 1900 Norwood Payneham & St Peters 3...... 1.5.99 2800 Tea Tree Gully...... 1.5.99 3050 Copper Coast 1...... 8.5.99 3410 Copper Coast 2...... 8.5.99 7210 Southern Mallee 1...... 1.5.99 7220 Southern Mallee 2...... 1.5.99 4400 Salisbury...... 8.5.99 These valuations will be in force from 1 July 1999 to 30 June 2000. Dated 10 May 1999. P. W. FOUNTAIN, Deputy Valuer-General CL 110/93 2570 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

RULES Legal Practitioners Education and Admission Council 1999 PURSUANT to sections 14C, 14J and 17A of the Legal Practitioners Act 1981, as amended, and to all other enabling powers, the Legal Practitioners Education and Admission Council makes the following Rules: PRELIMINARY 1. These Rules may be cited as the ‘LPEAC Rules 1999’. 2. These Rules come into operation on the day on which they are made, namely 25 March 1999, and revoke the Rules made on 26 February 1999. 3. In these Rules, unless the contrary intention appears: ‘Admission’ means admission as a practitioner. ‘Admitted to practise’ means holding an entitlement to practise law according to the laws of any State or Territory of the Commonwealth of Australia or according to the laws of any other country in which such an entitlement is held. ‘Board of Examiners’ or ‘Board’ means the Board of Examiners established pursuant to section 14I of the Act. ‘Court’ means the Full Court of the Supreme Court. ‘Employed practitioner’ means a practitioner employed in law related employment as defined in Rule 6(3). ‘Faculty’ means the Faculty of Law of the University of Adelaide or the School of Law or such other body as may at any time discharge within that University the functions of the Faculty of Law. ‘Graduate Certificate in Legal Practice’ means the certificate so described awarded by the University of South Australia. ‘Graduate Diploma in Legal Practice’ (‘GDLP’) means the diploma so described awarded by the Law Society. ‘Law Society’ means the Law Society of South Australia. ‘Local applicant’ means a person applying for admission on the basis of academic and practical qualifications obtained in Australia. ‘LPEAC’ means the Legal Practitioners Education and Admission Council established pursuant to section 14B of the Act. ‘Practise as a sole practitioner’ means practise other than as an employed practitioner, where the employer is a practitioner of not less than five years’ experience in practice, or other than as a partner or associate in a firm where at least one full-time principal is so qualified and provided also that an employer or principal so qualified is in full-time practice at the place at which the practitioner is employed or engaged. ‘Practising certificate’ means a practising certificate issued pursuant to Division 2 of Part 3 of the Act. ‘Registrar’ means the Registrar of the Supreme Court. ‘School’ means the School of Law of the Flinders University of South Australia or such other body as may at any time discharge within that University the functions of the School of Law. ‘Supreme Court’ means the Supreme Court of South Australia. ‘the Act’ means the Legal Practitioners Act 1981, as amended. ‘the Council’ means LPEAC. ‘the repealed Admission Rules’ means the Supreme Court Admission Rules which came into operation on 1 January 1994, as amended. ‘the State’ means the State of South Australia. 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2571

Any word or expression in these rules which is a word or expression which appears in the Act shall bear the same meaning as in the Act. REQUIREMENTS FOR ADMISSION 4. (1) The academic requirements for admission in the State are: (a) the completion of a tertiary academic course in Australia whether or not leading to a degree in law, which includes the equivalent of at least three years’ full-time study of law and which is recognised in at least one Australian jurisdiction as a sufficient academic qualification to practise law; and (b) the completion of a course of study, whether as part of subrule (1)(a) or otherwise, which is recognised in at least one Australian jurisdiction as a sufficient academic qualification for admission and which demonstrates understanding and competence in the following areas of knowledge: * Criminal Law and Procedure * Torts * Contracts * Property both Real (including Torrens system land) and Personal * Equity (including Trusts) * Administrative Law * Federal and State Constitutional Law * Civil Procedure * Evidence * Company Law * Professional Conduct (including basic trust accounting) (2) The Degree of Bachelor of Laws of the University of Adelaide or either of the degrees of Bachelor of Laws or Bachelor of Laws and Legal Practice of The Flinders University of South Australia are, so long as in the opinion of the Council they require understanding and competence in the areas of knowledge referred to in Rule 4(1)(b), a sufficient academic course for the purposes of this rule. (3) Notwithstanding the foregoing, the requirement for the completion of a course in Professional Conduct may be fulfilled by the successful completion of such a course as part of one or other of the courses referred to in Rule 5(1)(a), (b) or (c), or in the case of an applicant who undertakes articles of clerkship, by the successful completion, before or during the term of the articles, of such course in Professional Conduct as may be approved for that purpose by the Council. (4) Each of the areas of knowledge referred to in subrule (1)(b) must include the elements referred to in Appendix A. 5. (1) Subject to subrule (3) hereof, the practical requirements for admission are the successful completion of: (a) the course of study leading to the grant of the Graduate Diploma in Legal Practice; or (b) the course of study leading to the grant of the degree of Bachelor of Laws and Legal Practice of the Flinders University of South Australia; or (c) a practical legal skills training course in Australia which has been approved by the Council as satisfying the requirement for practical training and experience in legal skills for admission to practise for the purposes of these rules; or (d) at least one year’s articles of clerkship served in the State. (2) Except in the case of a course approved under subrule (4) hereof or, unless the Council grants an exemption, the practical requirements for admission may not be commenced until completion of the academic requirements. (3) None of the courses referred to in subrules 5(1)(a), (b) or (c) hereof will be taken to fulfil the practical requirements for admission unless the Council is satisfied that it will impart an adequate level of understanding and competence in the following areas of practice, which are to include the elements referred to in Appendix B: 2572 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

* Ethics and Professional Responsibility * Trust and Office accounting * Work Management * Legal Writing and Drafting * Interviewing * Negotiation and Dispute Resolution * Legal Analysis and Research * Advocacy * Litigation * Property Practice * Wills and Estate Management * Commercial and Corporate Practice (4) A course of the kind referred to in 5(1)(a), (b) or (c) may be undertaken either wholly or in part in conjunction with, or as part of, a tertiary academic course intended to fulfil the academic requirements for admission, if: (i) it complies with this rule; and (ii) the study of the areas of practice referred to in subrule 5(3) or any of them is sufficiently proximate to the time of completion of both courses and is not commenced until a stage at which, in the opinion of the Council, a sufficient academic grounding has first been achieved. (5) For the purpose of forming the opinions respectively referred to in Rule 4(2) and Rule 5(2), the granting of approval under Rule 5(1)(c), the granting of an exemption under Rule 5(2), its consideration of the elements referred to in Appendix B for the purposes of Rule 5 and for any other purpose relating to the exercise of its powers under these Rules, the Council may: (a) delegate all or any of its powers to the Board; (b) seek a report from the Board; (c) appoint an ad hoc advisory committee which may comprise or include persons who are not members either of the Council or of the Board, to report to the Council; (d) either in a particular case or generally, have regard to and give such weight as it thinks appropriate to any approval, exemption, condition imposed by, or decision of any other admitting authority or other statutory or regulatory body whose activities relate to legal practitioners in any other State or Territory of Australia, PROVIDED THAT before approving any practical legal skills training course for the purposes of Rule 5(1)(3), the Council will obtain a report from the Board. RIGHT TO PRACTISE FOLLOWING ADMISSION 6. (1) Subject to subrule (2), a local applicant admitted to practise by reliance upon Rules 4 and 5 shall not be entitled to practise as a sole practitioner until he or she has completed at least twelve months’ continuous full-time employment as an employed practitioner following the first issue to him or her of a practising certificate. (2) The period of twelve months referred to in subrule (1) shall be reduced by one half of any period of full-time law-related employment in which the applicant was engaged in excess of three months or an aggregate of three months, commenced and completed within two years prior to the first issue to him or her of a practising certificate, but the reduction shall not exceed six months. (3) For the purposes of this rule ‘law-related employment’ means employment in Australia: * in a private law practice; * in a government department or semi-government authority if the employment requires the performance of the work of a legal practitioner and which the Board considers appropriate for the purposes of this rule; 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2573

* in a corporate legal office; * in a community legal service; * in the office of the Crown Solicitor, the South Australian Director of Public Prosecutions, the Commonwealth Australian Government Solicitor or the Commonwealth Director of Public Prosecutions; * in any other organisation, department or office which the Board approves for the purposes of this rule; * as a judge’s associate. NEW ZEALAND APPLICANTS 7. After 1 February 1999 and prior to the adoption in the State of South Australia of the Trans-Tasman Mutual Recognition Act 1997 (Cth), the admission of New Zealand practitioners is governed by the repealed Admission Rules, as to which: (1) references to the Board are to be taken to be references to the Board of Examiners as defined in these rules; and (2) in lieu of the filing of any document as provided in the relevant provisions of the repealed Admission Rules, the applicant shall lodge with the Board any such document. 8. On and after the adoption in South Australia of the Trans-Tasman Mutual Recognition Act 1997 (Cth) (‘the Trans-Tasman Act’), the following rules shall apply. 9. (a) A notice pursuant to section 18 of the Trans-Tasman Act shall: (i) be in Form 1 in the schedule hereto; (ii) be lodged with the Board; (iii) contain such information as may be necessary to comply with section 18(2) of the Trans-Tasman Act; (iv) shall have attached to it the original or a copy of the instrument evidencing the applicant’s existing registration or entitlement to practise; (v) incorporate a statutory declaration verifying the statements and other information in the notice; (vi) contain an address for service, being an address to which any notice or other communication may be forwarded by the Board. (b) Following the lodgment of the notice referred to in (b), the Board shall, within one month thereafter: (i) subject to the exercise by the Board of its power to postpone registration, consider and determine whether any, and if so what, conditions should be imposed pursuant to section 19(5) of the Trans- Tasman Act; (ii) notify the applicant in writing of its decision to grant, postpone or refuse registration, or to impose conditions on registration; (iii) in the event that the Board postpones registration pursuant to section 21 of the Trans-Tasman Act, such postponement, or any aggregate period of postponement if there is more than one, shall not exceed six months from the date of lodgment with the Board of the notice given under (a) hereof. (c) The Board may impose conditions applicable to deemed registration arising pursuant to Division 3 of the Trans-Tasman Act. Subject to the Trans- Tasman Act, such conditions: (i) may be expressed in general terms applying to all deemed registrations, or deemed registrations of a particular class or kind, or may be expressed in terms applying to a particular applicant for registration; (ii) shall be effective according to their terms. 2574 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

(d) Where registration is granted pursuant to this rule, the Law Society shall, on payment by the registrant of such fees and levies as would be payable in the event that the registrant was a local applicant admitted to practise, and upon production of evidence of participation in a professional indemnity insurance scheme under section 52 of the Act, or of a certificate of exemption from the same, issue to the registrant a practising certificate. (e) A practising certificate issued pursuant to (d) shall be endorsed so as to indicate what, if any, conditions have been imposed pursuant to section 19(5) of the Act, and shall take effect subject to any such conditions. (f) Notwithstanding any other provision of these rules, no decision made pursuant to this rule shall be the subject of appeal or review other than by way of review pursuant to section 33 of the Trans-Tasman Act. OVERSEAS APPLICANTS 10. (1) A person who holds qualifications obtained outside Australia which are recognised as qualifying him or her to be admitted to practise in an overseas jurisdiction, including New Zealand, but who is not admitted to practise in that jurisdiction, may apply to the Board for a direction as to what further academic or practical requirements must be complied with in order to satisfy the requirements for admission in the State. (2) An applicant for such a direction must lodge with the Board a statutory declaration: (a) stating the nature and details of the applicant’s academic qualifications and practical qualifications and experience; (b) providing evidence that the applicant has the academic and practical qualifications relied on, exhibiting to the statutory declaration any original or authenticated documentation relied upon; (c) stating whether the applicant has applied for admission in any other Australian jurisdiction and the result of any such application. 11. (1) In dealing with any application under Rule 10, the Board may refuse the application or direct that the applicant: (a) comply with any further academic requirements as may be specified by the Board; (b) obtain further specified practical training or experience or both; (c) is not required to undertake any further academic or practical training. (2) In formulating directions pursuant to subrule (1), the Board shall endeavour to ensure that the applicant’s qualifications, training and experience equate as closely as may be reasonably practical with those of a local applicant. (3) Upon completion of the requirements of the Board given pursuant to this rule, or where the Board determines that no further academic or practical training is required, the applicant shall be deemed to have satisfied the academic and practical requirements for admission in the State. 12. (1) A person who is admitted to practise in an overseas jurisdiction other than New Zealand may apply to the Board for a direction as to what academic and practical requirements must be complied with. (2) An applicant for such a direction must file a statutory declaration: (a) giving details of the applicant’s academic qualifications and practical training; (b) providing original or authenticated documentary evidence that the applicant has the academic and practical qualifications relied upon; (c) providing original or authenticated documentary evidence of the applicant’s admission in the overseas jurisdiction; (d) stating that the applicant is currently admitted and entitled to practise in the overseas jurisdiction, has not at any stage been struck off the roll of practitioners or otherwise suspended from practice and is not presently subject to disciplinary inquiry or proceedings; (e) describing the nature, range, duration and character of the applicant’s practice in the overseas jurisdiction; and (f) stating whether the applicant has applied for admission in any other Australian jurisdiction and the result of any such application. 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2575

13. (1) In dealing with any application under Rule 10, the Board may refuse the application or direct that the applicant: (a) comply with any further academic requirements as may be specified by the Board; (b) obtain further specified practical training or experience or both; (c) is not required to undertake any further academic or practical training. (2) In formulating directions pursuant to subrule (1), the Board shall endeavour to ensure that the applicant’s qualifications, training and experience equate as closely as may be reasonably practicable with those of a local applicant. (3) Upon completion of the requirements of the Board given pursuant to this Rule, or where the Board determines that no further academic or practical training is required, the applicant shall be deemed to have satisfied the academic and practical requirements for admission in the State. 14. If the native language of an applicant for admission in the State is not English, the applicant must satisfy the Board that the applicant has a sufficient knowledge of written and spoken English to practise in Australia. 15. The Board may, in relation to any application made by an overseas applicant, make such further enquiries as it thinks fit concerning the system of jurisprudence of the country in which the applicant has obtained his or her qualifications or in which the applicant has been admitted as a legal practitioner (as the case may be), the nature and adequacy of the applicant’s training and experience in the practice of the law and the applicant’s fitness to be admitted to practise in this State and the Board may, if it thinks fit, act in respect of such matters on the written advice of the Attorney-General or the Solicitor-General for the State of South Australia, the Dean or Associate Dean of the Faculty or School or on the report of a committee appointed by the Board for that purpose. ENTRY INTO ARTICLES OF CLERKSHIP 16. No person may enter into Articles of Clerkship unless: (a) he or she has fulfilled the academic requirements for admission; and (b) he or she has duly applied for, but has been unable to obtain, entry into the course leading to the grant of the GDLP or a course conducted in South Australia and approved by the Council pursuant to Rule 5(1)(c) in the year for which he or she wishes to serve in articles; and (c) he or she has given to the Board and to the Law Society at least twenty-one clear days’ notice of his or her intention to enter into Articles. Such notice shall be in Form 2 in the schedule hereto. 17. Within one month after the execution of Articles of Clerkship the articled clerk shall: (a) lodge the articles with the Board, together with a statutory declaration verifying the due execution thereof; (b) produce to the Board a certificate or certificates given by the appropriate authority showing that the clerk has fulfilled the academic requirements for admission; (c) serve on the Law Society copies of the statutory declaration and of every such certificate. 18. Within one month after the execution of any supplementary articles, or any assignment of articles, the clerk shall: (a) forward to the Board the supplementary articles, or the assignment, together with a statutory declaration verifying the due execution thereof; and (b) serve on the Law Society a copy of the said statutory declaration and of any decision or determination of the Board given or made pursuant to Rule 25(2). 2576 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

SERVICE UNDER ARTICLES 19. (1) No clerk shall be articled to a practitioner who has not been in practice in the State of South Australia for a continuous period of five years and who is not in practice as a principal at the commencement of the articles, unless the practitioner is the Crown Solicitor for the State, an officer authorised by the Secretary to the Commonwealth Attorney-General’s Department to act in the name of the Australian Government Solicitor in the State, the South Australian Director of Public Prosecutions or the Commonwealth Director of Public Prosecutions. (2) Compliance with this Rule may be dispensed with by the Board upon it being satisfied that it is proper in all the circumstances to do so. 20. (1) No practitioner shall have more than three articled clerks serving under articles at the same time, provided that, for the purposes of this Rule only, an articled clerk shall be deemed not to be serving under articles from and after the time at which he or she has served a period of articles adequate to entitle him or her (if he or she is in all other respects so entitled) to move for admission. (2) Notwithstanding the provisions of subrule (1), the Crown Solicitor for the State, an officer authorised by the Secretary to the Attorney-General’s Department to act in the name of the Australian Government Solicitor, the South Australian Director of Public Prosecutions and the Commonwealth Director of Public Prosecutions may have any number of articled clerks provided that each of them give written notification to the Board before 31 January in each year of the following: (a) the name of each articled clerk in their employ at the time the notification is given; and (b) in each case, the approximate date upon which the service in articles will be completed. (3) Clerks articled to the Crown Solicitor for the State may, for the purposes of carrying out the employment required by Rule 22, be employed in such duties of a legal nature within the Government Departments of the State as the Crown Solicitor for the State may direct. (4) For the purposes of this Rule ‘Crown Solicitor for the State’ shall mean, if that office is vacant, the person for the time being or from time to time performing the duties of the Crown Solicitor for the State. 21. No practitioner shall take, or retain any articled clerk after he or she has ceased to practise as a practitioner, or whilst he or she is employed by another practitioner. 22. Subject to these Rules, every articled clerk shall during the whole term of his or her articles be actually and continuously employed in the State in the proper business, practice and employment of a practitioner under the personal supervision of: (a) the practitioner practising in the State to whom he or she is articled; or (b) a partner of the practitioner; or (c) a practitioner who for the time being is carrying on the business of the practitioner to whom the clerk is articled. 23. (1) For the purposes of Rule 22(b) or (c), the partner or practitioner must have been in practice in the State for a continuous period of five years and at the time of such supervision must be in practice as a principal. (2) The Deputy and Assistant Crown Solicitors for the State shall for the purposes of this Rule be deemed to be partners of the Crown Solicitor for the State and the Deputy Directors of Public Prosecutions shall for the purposes of this Rule be deemed to be partners of the Directors of Public Prosecutions. 24. Absence on duty as a member of the naval, military, or air forces of the Commonwealth of Australia shall not terminate a clerk’s articles, but any period of such service which exceeds sixteen days in any one year shall not be deemed service under articles unless the Board otherwise determines. 25. (1) Where, before the expiration of the period for which a clerk is articled, the practitioner to whom he or she is articled ceases to practise as a practitioner or dies, or his or her articles are cancelled by mutual consent, the clerk may enter into supplementary articles to another practitioner for the remainder of the period of articles. 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2577

(2) (a) The Board may terminate existing articles on application to it either by the principal or by the clerk if the Board is satisfied that the clerk has ceased substantially to derive any benefit under the articles, or that the clerk is not receiving satisfactory general instruction, or that for any other sufficient reason it is advisable to terminate the articles. (b) The Board may thereupon allow the clerk to enter into supplementary articles to another practitioner for the residue of the period of service required by these Rules or for such longer period as the Board may determine. (3) Service under supplementary articles in accordance with the provisions of this Rule shall be good service. (4) Except as provided by this Rule articles of clerkship may not be terminated without the approval of the Board. 26. In the case of a person entering into articles after the commencement of these Rules with a practitioner practising outside a radius of 50 km from the Adelaide GPO, up to one half of the period of articles prescribed by these Rules may be served with the Adelaide agent of such practitioner, and the employment of the clerk as a bona fide pupil of the Adelaide agent, or his or her partner (if any) for such period shall be deemed to be service under his or her articles of clerkship. 27. Service as an associate to a judge may be counted as service in articles to the extent permitted by the Board. 28. No articles of clerkship shall bind a clerk to service after he or she has been admitted as a practitioner. POST ADMISSION TRAINING (TRANSITIONAL PROVISION) 29. (1) Notwithstanding any other provision of these Rules, this Rule applies to any practitioner to whom Rule 40 of the repealed Admission Rules applied prior to its repeal. (2) If a practitioner has not commenced, or has embarked upon but has not completed by 1 February 1999, the practical legal training required by Rule 40 of the repealed Admission Rules, the practitioner shall complete such practical legal training (or the remainder thereof) in accordance with the provisions of this rule. (3) A practising certificate issued after 1 January 1994 to a practitioner to whom this rule applies who has not previously held a practising certificate shall not be renewable and shall be cancelled by the Law Society on the certificate of the Board as hereinafter provided unless before its issue or within two years of its issue (or within such further period as the Board in its absolute discretion may specify), the practitioner has undertaken, completed and where applicable passed the courses of practical legal training (either option 1 of option 2) conducted by the Law society and approved by the Board under the repealed Admission Rules for the purposes of Rule 40 of the repealed Admission Rules (the PLT course). (4) A practitioner: (a) must, before obtaining the issue of a practising certificate, file an undertaking in writing that he or she will conscientiously and punctually undertake and complete the PLT course, unless such training has already been undertaken or completed; (b) shall commence or continue the PLT course forthwith upon the first issue to him or to her of a practising certificate, or so soon thereafter as entry into such a course is permitted and a position is available, unless the practitioner has already completed such a course. (5) A practitioner shall, so soon as he or she has completed the PLT course, forthwith notify the Law Society in writing confirming that he or she has done so and shall supply such further evidence that he or she has complied with the rules in that regard as the Law society may require. (6) (a) On an application by a practitioner for a practising certificate or renewal of the same to the Law Society, the practitioner shall satisfy the Law Society, by the provision of such evidence as the Law Society may require, that he or she has complied with the provisions of this Rule and (where applicable) the provisions of Rule 40 of the repealed Admission Rules prior to 1 February 1999. 2578 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

(b) If the Law Society forms the view, on an application pursuant to paragraph (a) or otherwise, that a practitioner has failed in a material respect to comply with the requirements of this Rule, or prior to 1 February 1999 with the requirements of Rule 40 of the repealed Admission Rules, it shall forward a report to the Board and provide a copy of same to the practitioner. (c) Upon receipt of the report of the Law Society, the Board shall, if it is satisfied that the report discloses a prima facie case that the practitioner has, in a material respect, breached the provisions of this Rule, call upon the practitioner to show cause, by written submission within a specified period, why his or her application should not be refused or his or her practising certificate should not be cancelled or that further specified conditions in relation to entitlement to practise should not be imposed, as the case may be. (d) Upon receipt of the written submission in accordance with paragraph (c) or upon the expiry of the time (or any extension thereof) for the provision of the written submission, the Board shall determine whether or not the practitioner’s application shall be granted or refused or whether or not the practising certificate shall be cancelled or renewed or whether or not further conditions as referred to in (c) should not be imposed, as the case may be. (e) The Board shall record its decision in writing and the reasons therefor and shall forward a copy of same to the Law Society and the practitioner within seven days of its determination. (f) The Law Society shall comply with and implement the determination of the Board given pursuant to paragraph (d). (7) A practitioner shall not practise as a sole practitioner before completing the requirements as to post-admission training imposed by this Rule. (8) (a) The Law Society or any practitioner may apply to the Council or, in the event that the Council has exercised its power of delegation pursuant to section 17A(4) of the Act, to the Board, for a determination pursuant to section 17A(2) of the Act. (b) Any such application shall be by statutory declaration executed by the practitioner, forwarded to LPEAC or to the Board, as the case may be. (c) A copy of the statutory declaration shall be served on the Law Society, which may be heard on the application. BOARD OF EXAMINERS 30. All questions coming before the Board shall be decided by a majority of those present, and the Chairperson (and in the Chairperson’s absence, the Deputy Chairperson) shall have a casting vote as well as a deliberative vote, but when the Board makes any report to the Court or to the Council any member may make a dissenting or individual report. 31. The Board may require any applicant, and a practitioner to whom the applicant was articled, or under whose supervision he or she has served, or with whom he or she has served as a bona fide pupil, to answer in writing, or to attend before it and answer orally, such questions relevant to his or her application for admission as the Board thinks fit. 32. The Council or the Board may exempt any person from the requirements of or from compliance or further compliance with, any of these rules either entirely or in part and in any event subject to such conditions the Council or the Board may think it appropriate to impose. 33. The Law Society shall be entitled to be represented by a solicitor or counsel before the Council or the Board on any inquiry, or on any application. 34. The Council or the Board may request the Law Society to appoint a practitioner to investigate any matter arising on any inquiry or application coming before it, or to assist the Council or the Board on any such inquiry or application. 35. The Board may refer any question arising out of any application made to the Board in pursuance of these rules or under the Act or arising out of any inquiry made by the Board in pursuance of these rules to the Court or to the Council and the Court or the Council may either dispose of the matter or refer it back to the Board with such directions as it may think fit. 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2579

36. (1) In addition to any other inquiry which by law it may be authorised to undertake, the Board shall inquire into every application for admission and any objection thereto and report to the Court in Form 3 in the Schedule to these rules whether the applicant: (a) is eligible for admission; (b) is a fit and proper person to be admitted; (c) has complied with the Act, these Rules and the Supreme Court Admission Rules 1999 insofar as the applicant has been required to do so; and (d) has complied with any other requirement as to which the Board has been requested to report by the Court. (2) Subject to Rule 13(11) of the Supreme Court Admission Rules 1999, where the Board enquires into an application for readmission it shall, in addition to the matters referred to in subrule (1) hereof, report to the Court as to the fitness and capacity of the applicant to act as a practitioner in all business and matters usually transacted by or entrusted to practitioners. (3) Where the circumstances so require the report of the Board shall be prefaced by or have attached thereto a statement of the Board’s findings in relation to the facts of the case. APPLICATION FOR INTIMATION AS TO ELIGIBILITY 37. (1) Any person proposing to enter upon a course of study undertaken in order to fulfil the academic or practical requirements for admission or any person who has already entered upon such a course may apply to the Board for a direction or intimation as to whether, if he or she were successful in completing such course, he or she would in the opinion of the Board be ineligible on grounds relating to his or her character and/or fitness to be admitted as a practitioner. (2) (a) The Board may require any person applying under this Rule to attend before it and to furnish such evidence of his or her good character and fitness as it thinks fit. (b) The Board may in its discretion give such direction or intimation as to the eligibility of the application as it thinks fit. REGISTRATION UNDER THE MUTUAL RECOGNITION ACT 1992 (CTH) 38. (1) In this rule, unless the contrary intention appears, ‘the Act’ means the Mutual Recognition Act 1992 (Cth) as adopted by the Mutual Recognition (South Australia) Act 1993. (2) This rule ceases to operate upon the expiry of or the expiry of any renewal of the Mutual Recognition (South Australia) Act 1993, whichever is the later. (3) A notice pursuant to section 19 of the Act shall: (a) be in Form 4 in the schedule hereto; (b) be lodged with the Board; (c) have attached to it the original or a copy of the instrument evidencing the applicant’s existing registration or such information as may otherwise be necessary to comply with section 19(3) of the Act; (d) contain a statutory declaration verifying the statements and other information in the notice; (e) contain an address for service, being an address to which any notice or other communication may be forwarded by the Board. (4) Following the lodgment of the notice referred to in subrule (3), the Board shall, within one month thereafter, subject to the exercise by the Board of its power to postpone registration: (a) consider and determine whether any, and if so what, condition or conditions should be imposed pursuant to section 20 of the Act; and (b) notify the applicant in writing of its decision to grant, postpone or refuse registration, or to impose conditions on registration, or to waive, pursuant to section 27(4) of the Act, any conditions imposed under the law of the first State, or any undertaking given to the local registration authority of the first State. (5) In the event that the Board postpones registration pursuant to section 21(3) of the Act, such postponement, or any aggregate period of postponement if there is more 2580 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

than one, shall not exceed six months from the date of lodgment with the Board of the notice given under subrule (3) hereof. (6) The Board may make a determination imposing conditions applicable to deemed registration arising pursuant to section 27 of the Act. Subject to the Act, such determination: (a) may be expressed in general terms applying to all deemed registrations, or deemed registrations of a particular class or kind, or may be expressed in terms applying to a particular applicant for registration; and (b) shall be effective according to its terms. (7) Where registration is granted pursuant to this Rule, the Law Society shall, on payment by the registrant of such fees and levies as would be payable by a person admitted to practise in the State, and on production of evidence of participation in a professional indemnity insurance scheme under section 52 of the Legal Practitioners Act 1981, issue a practising certificate pursuant to the provisions of Division 2 of Part 3 of the Legal Practitioners Act 1981. (8) A practising certificate issued pursuant to subrule (7) shall be endorsed so as to indicate what, if any, conditions have been imposed pursuant to section 20(5) of the Act, and shall take effect subject to any such conditions. (9) Notwithstanding any other provision of these Rules, no decision or determination made pursuant to this Rule by the Board shall be the subject of appeal or review other than by way of review pursuant to section 34 of the Act. TRANSITIONAL 39. (1) Any person who claims to have been disadvantaged in relation to his or her ability to comply with the academic and practical requirements for admission by the repeal of the repealed Admission Rules and the enactment of these Rules, may apply to the Board for an exemption from compliance with any requirement of these Rules or any part of these Rules. The Board may grant any such exemption on such terms or conditions whatsoever as the Board in its absolute discretion may think fit. (2) A person who has obtained academic and practical qualifications in Australia prior to 1 February 1999 but has not before that date obtained admission to practise in Australia, may, before 1 February 2000 apply for admission in the State on the basis of the Supreme Court Admission Rules 1993, provided that notice of intention to apply for admission is filed in the Supreme Court Registry and served on the Law Society on or before 24 December 1999 and the statutory declarations in support of the application are filed and served on or before 31 January 2000. (3) Where a person has, prior to 1 February 1999, not completed the requirements for admission under the Supreme Court Admission Rules 1993, but has applied to the Court for an exemption under those Rules, and the Court has not, before 1 February 1999, determined the application, the application for exemption may thereafter be completed and any subsequent application for admission consequent thereon may be heard and determined under the Supreme Court Admission Rules 1993. 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2581

APPENDIX A SYNOPSIS OF AREAS OF KNOWLEDGE Appendix A sets out detailed descriptions of the areas of knowledge referred to in rule 4(b) which have been prepared for the guidance and assistance of admitting authorities. Although the topics below are grouped for convenience under the headings of particular areas of knowledge, there is no implication that a topic needs to be taught in a subject covering the area of knowledge in the heading rather than in another suitable subject. CRIMINAL LAW AND PROCEDURE 1. The definition of crime. 2. Elements of crime. 3. Aims of the criminal law. 4. Homicide and defences. 5. Non-fatal offences against the person and defences. 6. Offences against property. 7. General doctrines. 8. Selected topics chosen from: - attempts - participation in crime - drunkenness - mistake - strict responsibility. 9. Elements of criminal procedure. Selected topics chosen from: - classification of offences - process to compel appearance - bail - preliminary examination - trial of indictable offences. OR Topics of such breadth and depth as to satisfy the following guidelines: The topics should provide knowledge of the general doctrines of the criminal law and in particular examination of both offences against the person and against property. Selective treatment should also be given to various defences and to elements of criminal procedure. TORTS 1. Negligence, including defences. 2. A representative range of rots (other than negligence) and their defences. 3. Damages 4. Concurrent liability. 5. Compensation schemes. OR Topics of such breadth and depth as to satisfy the following guidelines: The potential compass of this areas is so large that considerable variation might be anticipated. At the very least, there should be a study of negligence and of a representative range of torts, with some consideration of defences and damages, and of alternative methods of providing compensation for accidental injury. Examples of these topics are: concurrent liability, defamation, economic torts, nuisance, breach of statutory duty and compensation scheme. 2582 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

CONTRACTS 1. Formation, including capacity, formalities, privity and consideration. 2. Content and construction of contract. 3. Vitiating factors. 4. Discharge. 5. Remedies. 6. Assignment. OR Topics of such breadth and depth as to satisfy the following guidelines: Some variation may be expected in the breadth and detail of the topics. In general, however, knowledge of the formal requirements for concluding contracts, capacity, the content and interpretation of contracts, their performance and discharge, available remedies, together with an understanding of the broad theoretical basis of contract would be expected. PROPERTY 1. Meaning and purposes of the concept of property. 2. Possession, seisin and title. 3. Nature and type (ie fragmentation) of proprietary interests. 4. Creation and enforceability of proprietary interests. 5. Legal and equitable remedies. 6. Statutory schemes of registration. 7. Acquisition and disposal of proprietary interests. 8. Concurrent ownership. 9. Proprietary interests in land owned by another. 10. Mortgages. OR Topics of such breadth and depth as to satisfy the following guidelines: The topics should provide knowledge of the nature and type of various proprietary interests in chattels and land, and their creation and relative enforceability at law and in equity. Statutory schemes or registration for both general law land and Torrens land should be included. A variety or other topics might be included eg fixtures, concurrent interests and more detailed treatment of such matters as sale of land, leases, mortgages, easements, restrictive covenants, etc. EQUITY 1. (a) The nature of equity (b) Equitable rights, titles and interests (c) Equitable assignments (d) Estoppel in equity (e) Fiduciary obligations (f) Unconscionable transactions (g) Equitable remedies. 2. Trusts, with particular reference to the various types of trusts and the manner and form of their creation and variation. The duties, rights and powers of trustees should be included, as should the consequences of breach of trust and the remedies available to, and respective rights of, beneficiaries. (It is expected that about half the course will be devoted to trusts.) OR 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2583

Topics of such breadth and depth as to satisfy the following guidelines: The topics should cover the elements of trust law, equitable doctrines apart from those relating to trusts, and equitable remedies. The following aspects of trusts law should be dealt with: various kinds of trusts; the rights, duties, powers of trustees; the consequences of breach of trust. Apart from trusts, the following equitable doctrines might be covered, for example, fiduciary obligations, equitable assignments, unconscionability and confidential information. The remedies of specific performance, injunction, declaration and damages in equity should be included. (It is expected that about half the course will be devoted to trusts.) COMPANY LAW 1. Corporate personality. 2. The incorporation process. 3. The corporate constitution. 4. Company contracts. 5. Administration of companies and management of the business of companies. 6. Duties and liabilities of directors and officers. 7. Share capital and membership. 8. Members’ remedies. 9. Company credit and security arrangements. 10. Winding up of companies. OR Topics of such breadth and depth as to satisfy the following guidelines: The topics should include an analysis of incorporation and its effects, management and control of a company, the various methods of financing—by the issue of shares and by debt, and the processes of winding up a company. ADMINISTRATIVE LAW 1. Organisation and structure of the administration. 2. Administrative law theory. 3. Common law and statutory avenues of judicial review at Commonwealth and State level. 4. Grounds of judicial review. 5. Remedies. 6. Crown immunity. 7. Administrative Appeals Tribunal. 8. Statutory review. 9. Freedom of information. OR Topics of such breadth and depth as to satisfy the following guidelines: The topics should not only embrace traditional common law remedies concerning judicial review of administrative action, but should also cover the range of Commonwealth and State statutory regimes. FEDERAL AND STATE CONSTITUTIONAL LAW 1. State constitutions and constitutional systems. 2. The Commonwealth Constitution and constitutional system. 3. The constitution and operation of the legislature, executive and judiciary. 4. The relationship between the different institutions of government and the separation of powers. 5. The relationship between the different levels of government. OR 2584 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

Topics of such breadth and depth as to satisfy the following guidelines: The topics should include knowledge of the manor principles of both the relevant State or Territory Constitution and the Commonwealth Constitution, including the relations between the different Commonwealth and State or Territory laws. A general knowledge of the scope of both State or Territory and Commonwealth Constitutions is required, although the topics will differ in the depth of treatment of specific heads of power, particularly in the Commonwealth sphere. CIVIL PROCEDURE 1. Court adjudication under an adversary system. 2. The cost of litigation and the use of costs to control litigation. 3. Service of originating process—as foundation of jurisdiction, including service out of the relevant State or Territory and choice of forum. 4. Joinder of claims and parties, including group proceedings and the defence of prior adjudication as instances of the public interest in avoiding a multiplicity of proceedings and inconsistent verdicts. 5. Defining the questions for trial—pleadings, notices to admit and other devices. 6. Obtaining evidence—discovery of documents, interrogatories, subpoena and other devices. 7. Disposition without trial, including the compromise of litigation. 8. Extra judicial determination of issues arising in the course of litigation. 9. Judgement. 10. Appeal. 11. Enforcement. OR Topics of such breadth and depth as to satisfy the following guidelines: The topics should embrace the general study of rules of civil procedure relevant in the State or Territory. Rules concerning jurisdiction, the initiation and service of process, the definition of issues through pleadings and judgment and enforcement should all be included. EVIDENCE 1. Introduction. 2. Competence and compellability. 3. Privilege. 4. The examination of witnesses. 5. Disposition and character. 6. Similar fact evidence. 7. The accused as a witness. 8. Burden and standard of proof. 9. Documentary evidence. 10. Opinion evidence and prior determination. 11. Hearsay: - the exclusionary rule - the common law and statutory exceptions. 12. Admissions and confessions in criminal cases. 13. Illegally obtained evidence and confirmation by subsequent fact. 14. Res gestae. 15. Corroboration. OR 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2585

Topics of such breadth and depth as to satisfy the following guidelines: The topics should include examination of both the sources and acceptability of evidence, including rules concerning the burden and standard of proof and technical rules concerning such matters as hearsay, admissions and confessions, illegally obtained evidence and res gestae. PROFESSIONAL CONDUCT (including basic Trust Accounting) Professional and personal conduct in respect of practitioner’s duty: (a) to the law; (b) to the Courts; (c) to clients, including a basic knowledge of the principles of trust accounting; and (d) to fellow practitioners. OR Topics of such breadth and depth as to satisfy the following guidelines: The topics should include knowledge of the various pertinent rules concerning a practitioner’s duty to the law, the Courts, clients and fellow practitioners, and a basic knowledge of the principles of trust accounting. The aims of the trust account segment of Professional Conduct are: (a) To impart an understanding of the legal requirements on solicitors for dealing with trust property. (b) To help students obtain a level of competence in, and understanding of, the recording requirements for trust accounts and other trust dealings. Areas covered should included: (a) Provisions of the relevant State or Territory legislation governing the legal profession which relate to the handling of trust money and other trust property. (b) Legislative provisions which enable the proper identification of trust moneys. (c) The ramifications of breach of trust. (d) Methods of maintaining trust accounts records. This includes class exercises in recording of receipts, payments and direct payments of trust moneys and of investments (including mortgage investments) by solicitors on behalf of their clients. (e) A detailed study of any relevant legislation, regulations or rules relating to trust accounting. 2586 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

APPENDIX B SYNOPSIS OF AREAS OF PRACTICE Although the topics below are grouped for convenience under the headings of particular areas of practice, there is no implication that a topic needs to be taught in a subject covering the area of practice mentioned in the heading rather than in another suitable subject. LEGAL PROFESSION ETHICS AND PROFESSIONAL RESPONSIBILITY 1. The rules of professional conduct, including retainers and liens, trust accounts, and professional misconduct. 2. The main requirements of the Act and rules governing the conduct of the legal profession in the relevant jurisdiction. 3. Duties to the court, client, profession and society. 4. Conflicts of interest. OR Topics of such breadth and depth as to satisfy the following guideline: Students or articled clerks should be able to describe and apply legislative and other sources of rules and procedures associated with professional conduct, identify situations of conflict and other circumstances which attract ethical responsibilities, identify professionally appropriate behaviours and responses, and reflect maturely on their role and work as lawyers. TRUST AND OFFICE ACCOUNTING 1. The general principles of relevant bookkeeping. 2. The relevant rules governing the keeping of trust accounts. 3. Memoranda of costs, and obligations to clients. OR Topics of such breadth and depth as to satisfy the following guideline: Students or articled clerks should have a general understanding of bookkeeping principles and practices, be able to maintain trust accounts in accordance with all statutory and other requirements, and be able to describe and apply all statutory and other requirements in regard to office accounting. PROFESSION SKILLS WORK MANAGEMENT 1. Personal time management, including diaries, and other office systems. 2. Client relations. 3. Costs. OR Topics of such breadth and depth as to satisfy the following guideline: Students or articled clerks should be able to manage their own work practices in an efficient way which best serves the needs of their clients. LEGAL WRITING AND DRAFTING 1. Letter writing. 2. General principles of drafting. 3. Plain English drafting. OR Topics of such breadth and depth as to satisfy the following guideline: Students or articled clerks should be able to undertake a range of drafting activities in various practice settings. 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2587

INTERVIEWING 1. Preparation for interview. 2. Conduct of an interview, including obtaining instructions. 3. Documenting the interview. 4. Advising the client. 5. Dealing with various types of clients. OR Topics of such breadth and depth as to satisfy the following guideline: Students or articled clerks should be able to interview a range of clients in various practice settings. NEGOTIATION AND DISPUTE RESOLUTION 1. Preparation for negotiation. 2. Negotiation skills and strategies. 3. Post-negotiation activities. 4. Alternative dispute resolution. OR Topics of such breadth and depth as to satisfy the following guideline: Students or articled clerks should be able to negotiate and in other ways resolve disputes using a range of skills and strategies in various practice settings. LEGAL ANALYSIS AND RESEARCH 1. Analysis of facts. 2. Analysis of law. 3. Research skills. 4. Application of the law to practical fact situations. 5. Identification of solutions and strategies. OR Topics of such breadth and depth as to satisfy the following guidelines: Students or articled clerks should be able to analyse the factual and legal aspects of practical situations, research and identify the relevant law, and apply the law to the situation in order to identify solutions and strategies. ADVOCACY 1. Language and presentation. 2. Opening address. 3. Examination in chief. 4. Cross-examination. 5. Re-examination. 6. Objections. 7. Closing address. OR Topics of such breadth and depth as to satisfy the following guideline: Students or articled clerks should be able to perform a range of advocacy skills in various courts and practice settings. PRACTICE AND PROCEDURE LITIGATION 1. Criminal procedure. 2. Civil procedure, such as debt collection, personal injuries. 2588 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

3. Trial preparation. 4. Remedies. 5. Specific areas of litigation, such as family law, industrial law. 6. Costing. OR Topics of such breadth and depth as to satisfy the following guideline: Students or articled clerks should be able to conduct all the steps necessary to bring a matter to trial as lawyer for either the plaintiff or the defendant, and to implement the decision of the tribunal. PROPERTY PRACTICE 1. Conveyancing, such as contracts of sale, strata title, and non-Torrens title. 2. Mortgages. 3. Leases, such as residential leases, commercial leases. 4. Specific areas such as environmental law practice, town planning and local government practice. OR Topics of such breadth and depth as to satisfy the following guideline: Students or articled clerks should be able to conduct all the steps necessary to convey, mortgage and lease real property, and have some knowledge of practice and procedure in regard to some other areas affecting real property. WILLS AND ESTATE MANAGEMENT 1. Will drafting. 2. Estate planning, including trusts. 3. Applications for probate. 4. Estate management. OR Topics of such breadth and depth as to satisfy the following guideline: Students or articled clerks should be able to conduct all the steps necessary to draw a will, advise and plan the management of assets, apply for a grant of probate and/or letters of administration, and manage a deceased estate. COMMERCIAL AND CORPORATE PRACTICE 1. Commercial agreements, such as the sale and purchase of a small business and other transactions. 2. Company practice, such as the incorporation of a company, its management and its compliance with statutory requirements. 3. Revenue practice, such as stamp duties, income tax and capital gains tax. 4. Finance and securities, such as loans, charges, debentures and guarantees, and the execution, registration and enforcement of securities. OR Topics of such breadth and depth as to satisfy the following guideline: Students or articled clerks should be able to conduct all the steps necessary to implement the activities of a range of commercial and corporate clients in various practice settings. 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2589

SCHEDULE TO THE LPEAC RULES 1999 FORM 1 NOTICE OF INTENTION TO APPLY FOR REGISTRATION UNDER THE TRANS-TASMAN RECOGNITION ACT 1997 (Cth) TO: The Board of Examiners I, [full names, address and occupation] hereby give notice that I seek registration as a [barrister/solicitor/barrister and solicitor/or (as the case may be)...... (indicate which)] in the State of South Australia, pursuant to the Trans-Tasman Mutual Recognition Act 1997 (Cth) (‘the Act’). (Signed): ...... (Date): ...... State clearly Mr, Ms, Mrs, Miss or other PLEASE SUPPLY YOUR * BUSINESS TELEPHONE NUMBER...... * FACSIMILE NUMBER...... * E-mail address...... * Address for the purposes of this application ...... As required by the Act, I supply the following information: 1. I am duly admitted and am at the present time entitled to practise as a [state style of legal practice] ...... in the Supreme Court of New Zealand. The date of such admission was [date]. 2. Registration in ...... is sought for the occupation of [state style of legal practice] ...... of the Supreme Court of South Australia in accordance with the Trans-Tasman mutual recognition principle as defined in the Act. 3. The names and dates of admission of every other jurisdiction where I have been admitted are as follows:

Entitled to Practise as [state style of legal practice] Jurisdiction Date of Admission ...... (If not admitted elsewhere, state ‘NONE’) 4. I am not the subject of disciplinary proceedings in any jurisdiction (including any preliminary investigations or action that might lead to disciplinary proceedings) in relation to any such entitlement to practise. 5. My registration (or entitlement to practise) in any jurisdiction is not cancelled or currently suspended as a result of disciplinary action. 6. I am not otherwise personally prohibited from exercising any such entitlement to practise in any jurisdiction, and am not subject to any special conditions in exercising any such entitlement to practise, save as is specified in 7 hereof. 7. In exercising my entitlement to practise in any jurisdiction I am subject to the following special conditions: [State special conditions, if any, and state in each case whether they result from criminal, civil or disciplinary proceedings in any jurisdiction or otherwise. If there are no such special conditions, state: ‘No special conditions’] 2590 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

8. I consent to the making of inquiries of, and the exchange of information with, the authorities of any jurisdiction whether within or outside of Australia regarding my activities as a legal practitioner howsoever styled or otherwise regarding any matter relevant to this notice. 9. I annex [original/complete and accurate copy of the original] of my first [certificate/court order] admitting me to practise and an [original/complete and accurate copy of the original] of my current practising certificate. Statutory Declaration I, [full names, address and occupation] being the abovenamed applicant, do solemnly, sincerely and truly declare that all of the information set out in this application is to the best of my knowledge and belief true and correct in every particular, and that the accompanying documents are verily what they purport to be. [The Declaration should be made, executed, witnessed etc strictly in accordance with the requirements of the law relating to Statutory Declarations then in force in the jurisdiction in which the Declaration is made.] 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2591

SCHEDULE TO THE LPEAC RULES 1999 FORM 2 NOTICE OF INTENTION TO ENTER INTO ARTICLES To the Board of Examiners TAKE NOTICE that I, ...... of...... (place of residence) intend to enter into articles of clerkship with ...... (name and address of practitioner) after the expiration of 21 days from the date of giving this notice. Dated the day of ...... (Signature of intending articled Clerk) PARTICULARS TO BE GIVEN BY INTENDING ARTICLED CLERK 1. I was born on the day of in the State of I have resided in South Australia all my life, etc. [or as the case may be, giving details]. 2. I have complied with the academic requirements for admission as defined in Rule 4 of the LPEAC Rules 1999. 3. I have applied for but have been unable to obtain entry to the course of study leading to the grant of the Graduate Diploma in Legal Practice for the year ...... as appears from the certificate of the Course Co-ordinator [or otherwise appropriate authority] annexed hereto. [Or refer to such other course as may be applicable.] 4. Since leaving school I have not been employed in any trade or business [if employed, give particulars, stating when and by whom]. 5. I have not been convicted or found guilty by a Court of any offences, nor, as far as I am aware, are there any charges or proceedings outstanding against me in relation to any offence or offences alleged to have been committed by me (add , if necessary, ‘save and except that (or those) disclosed in the statement annexed hereto in the sealed envelope marked with the letter “A”’). NOTE: Full details must be given in relation to each offence or alleged offence of the date and nature of the charge, the Court in which it was or will be heard, the sentence (if any) imposed, and the circumstances in which the offence was or is alleged to have been committed. 6. My address for service of notices is: ......

...... (Signature of intending articled Clerk) 2592 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

SCHEDULE TO THE LPEAC RULES 1999 FORM 3 REPORT OF THE BOARD OF EXAMINERS IN THE MATTER of A.B., an applicant for admission [Application in the Supreme Court, being No. ...…...... of ...... …...... ] To their Honours the Judges of the Supreme Court of South Australia The Board of Examiners reports that it is satisfied that [name of applicant]: 1. Has satisfied all of the requirements of the Legal Practitioners Act 1981, the Supreme Court Admission Rules 1999 and the LPEAC Rules 1999 applicable to [his or her] application for admission except insofar as [he or she] has been exempted from compliance therewith. 2. Is eligible for admission as a practitioner of this Court. 3. Is a fit and proper person to be so admitted as a practitioner of this Court. Dated the day of ...... Chairperson Board of Examiners Filing note: 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2593

SCHEDULE TO THE LPEAC RULES 1999 FORM 4 NOTICE OF INTENTION TO APPLY FOR REGISTRATION UNDER THE MUTUAL RECOGNITION ACT 1992 (Cth) I, [full names, address and occupation] hereby give notice that I seek admission to practise as a barrister and solicitor of the Supreme Court of South Australia, pursuant to the Mutual Recognition Act 1992 (Cth). (Signed) ...... Date: ...... State clearly Mr, Ms, Mrs, Miss or other PLEASE SUPPLY YOUR * Business telephone number...... * Facsimile number...... * Address for the purposes ...... As required by the Act, I supply the following information: 1. Particulars of my entitlement to practise in the State or Territory in which I am normally resident are that I am duly admitted and am at the present time entitled to practise as a [barrister, solicitor, barrister and solicitor or legal practitioner howsoever styled] in the Supreme Court of [State or Territory]. The date of such admission was [date]. 2. The names and dates of admission of every other jurisdiction where I have been admitted are as follows: Jurisdiction Date of Admission ...... (If not admitted elsewhere, state ‘NONE’) 3. I am not the subject of disciplinary proceedings in any State (including any preliminary investigations or action that might lead to disciplinary proceedings) in relation to those occupations. 4. My registration in any State is not cancelled or currently suspended as a result of disciplinary action. 5. I am not otherwise personally prohibited from carrying on any such occupation in any State, and am not subject to any special conditions in carrying on that occupation, as a result of criminal, civil or disciplinary proceedings in any State. 6. In carrying out my occupation in any State I am subject to the following special conditions: [State special conditions, if any. Otherwise state: ‘No special conditions’.] 7. I consent to the making of inquiries of, and the exchange of information with, the authorities of any State regarding my activities as a legal practitioner howsoever styled or otherwise regarding matters relevant to the notice. 8. I annex [original/certified true copy] of my first [certificate/court order] admitting me to practise and an [original/certified true copy] of my current practising certificate. 2594 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

Statutory Declaration I, [full names, address and occupation] being the abovenamed applicant, do solemnly, sincerely and truly declare that all the information set out in this application is to the best of my knowledge and belief true and correct in every particular, and that the accompanying documents are verily what they purport to be. [The Declaration should be made, executed, witnessed, etc, strictly in accordance with the requirements of the law relating to Statutory Declarations then in force in the jurisdiction in which the Declaration is made.] Dated at Adelaide, 29 April 1999. J. DOYLE, Chief Justice 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2595 2596 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2597 2598 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2599 2600 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2601 2602 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

REGULATIONS UNDER THE ROAD TRAFFIC ACT 1961 No. 35 of 1999 At the Executive Council Office at Adelaide 13 May 1999

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

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

DIANA LAIDLAW Minister for Transport and Urban Planning SUMMARY OF PROVISIONS 1. Citation 2. Commencement 3. Variation of reg. 3—Interpretation 4. Variation of reg. 5—Notice for purposes of s. 79B(5) 5. Variation of reg. 6—Notice for purposes of s. 79B(6) 6. Substitution of reg. 8 8. Operation and testing of photographic detection device for speeding offences 7. Variation of schedule Citation 1. The Road Traffic (Photographic Detection Devices) Regulations 1988 (see Gazette 30 June 1988 p. 2068), as varied, are referred to in these regulations as "the principal regulations".

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

Variation of reg. 3—Interpretation 3. Regulation 3 of the principal regulations is varied—

(a) by striking out the definition of "expiation notice" and substituting the following definitions:

"expiation notice" means an expiation notice under the Expiation of Offences Act 1996;

"expiation reminder notice" means an expiation reminder notice under the Expiation of Offences Act 1996;;

(b) by striking out from the definition of "red light offence" "Road Traffic Regulations, 1962:" and substituting "Road Traffic Regulations 1996;";

(c) by striking out from the definition of "speeding offence" "49(1)(d),".

Variation of reg. 5—Notice for purposes of s. 79B(5) 4. Regulation 5 of the principal regulations is varied by striking out "a traffic infringement notice or" and substituting "an expiation notice, an expiation reminder notice or a". 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2603

Variation of reg. 6—Notice for purposes of s. 79B(6) 5. Regulation 6 of the principal regulations is varied by striking out "a traffic infringement notice or" and substituting "an expiation notice, an expiation reminder notice or a".

Substitution of reg. 8 6. Regulation 8 of the principal regulations is revoked and the following regulation is substituted:

Operation and testing of photographic detection device for speeding offences 8. Where a photographic detection device is used to provide evidence of a speeding offence, the following provisions must be complied with:

(a) the device must be programmed, positioned and set to operate so that—

(i) when the device registers a vehicle as proceeding at a speed equal to or greater than a speed set on the device, an exposure is taken of that vehicle from the front or from the rear; and

(ii) the date, time and the code for the location at which the exposure is taken is recorded on the exposure, together with the speed of the vehicle as registered by the device;

(b) after the device—

(i) is set up at a given location; or

(ii) has a new film magazine inserted into the device at that location; or

(iii) is relocated,

a check must be made to ensure that the device—

(iv) correctly indicates on an electronic display the date, time and location code; and

(v) is set to operate in accordance with the provisions of paragraph (a);

(c) the checks referred to in paragraph (b) must be repeated immediately before—

(i) the device is removed from a given location; or

(ii) a film magazine is removed from the device;

(d) if a check in accordance with paragraph (b) or (c), or a film or part of a film when developed, indicates a fault that has affected the proper operation of the device, any part of the film affected by the fault must be rejected for evidentiary purposes; 2604 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

(e) if a photograph produced from an exposure obtained in accordance with the provisions of paragraph (a) depicts the whole or part of more than one vehicle in the portion of the photograph specified by the device's manufacturer as the portion that should depict only the vehicle whose speed is being registered, that photograph must be rejected for evidentiary purposes;

(f) the accuracy with which the device registers vehicle speeds must be tested on the day on which it is used (or on the day immediately preceding that day) with a view to the issuing of a certificate under section 175(3)(ba) of the Act.

Variation of schedule 7. The schedule of the principal regulations is varied—

(a) by inserting in clause 1 of Notice 1 ", expiation reminder notice" after "expiation notice";

(b) by striking out clause 2 of Notice 1 and substituting the following clause:

2. Withdrawal of Allegation If you believe that you have a defence to the allegation, you may bring it to the attention of the Commissioner of Police for consideration. The evidence in support of your defence must be provided by statutory declaration and forwarded to the EXPIATION NOTICE BRANCH, G.P.O. BOX 2029, ADELAIDE 5001 before the due date for payment specified in the enclosed expiation notice or expiation reminder notice or, if the enclosed document is a summons, within 21 days after the date of issue of the summons. On considering the evidence the Commissioner may withdraw the notice or summons.;

(c) by striking out from clause 3 of Notice 1 "INFRINGEMENT NOTICE SECTION" , twice occurring, and substituting, in each case, "EXPIATION NOTICE BRANCH";

(d) by striking out from clause 3 of Notice 1 "TELEPHONE 207 5950" and substituting "TELEPHONE NO: 8207 5950";

(e) by inserting in Notice 2 ", expiation reminder notice" after "expiation notice";

(f) by striking out from Notice 2 "INFRINGEMENT NOTICE SECTION", twice occurring, and substituting, in each case, "EXPIATION NOTICE BRANCH";

(g) by striking out from Notice 2 "TELEPHONE 207 5950" and substituting "TELEPHONE NO: 8207 5950".

TSA 6883/98 CS SUZANNE M. CARMAN Clerk of the Council 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2605

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 2606 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

CITY OF ADELAIDE Temporary Road Closure NOTICE is hereby given that the council of the Corporation of the City of Adelaide at its meeting held on 10 May 1999, passed, inter alia, the following resolutions: Pursuant to section 359 of the Local Government Act 1934, as amended, the roads described in the following schedule, between the hours specified in the schedule, be closed to all vehicles except for emergency vehicles or those given express permission to enter by the Chief Executive Officer. SCHEDULE Location From To Melbourne Street between Jerningham 6 a.m. on Sunday, 23 May 1999 6 p.m. on Sunday, 23 May 1999 Street and East Pallant Street

JUDE MUNRO, Chief Executive Officer

CITY OF HOLDFAST BAY Council proposes pursuant to the provisions of section 459 (a) of the Local Government Act 1934, as amended, to dispose of Renaming of Public Street—Davenport Terrace this Drainage Reserve to the Land Management Corporation NOTICE is hereby given that at a meeting of council held on subject to approval by the Minister for Local Government. Any Tuesday, 23 March 1999, at which eleven of the twelve members interested person may make representation to council on the constituting the council were present, resolved that the public matter up to and including Friday, 11 June 1999. Any street which runs north/south between Seacombe Road and Arthur representations should be addressed to City of Salisbury, Property Street, Seacliff Park formally known as Davenport Street be Services Officer, 12 James Street, Salisbury, S.A. 5108. renamed Davenport Terrace. S. HAINS, City Manager D. R. AYLEN, Chief Executive Officer

CITY OF PLAYFORD CITY OF WEST TORRENS ROADS (OPENING AND CLOSING) ACT 1991 BY-LAW MADE UNDER THE LOCAL GOVERNMENT ACT 1934 Walkway Between Halsey Road and Ballard Street, Elizabeth East Amendment No. 1 to By-law No. 2—Moveable Signs NOTICE is hereby given that the Corporation of the City of TO amend a subparagraph in the council’s by-law on moveable Playford, pursuant to section 10 of the Roads (Opening and signs relating to the positioning of moveable signs on public Closing) Act 1991, proposes to make a Road Process Order to streets and roads. close that portion of public road (walkway) between Halsey Road and Ballard Street, Elizabeth East, adjoining the western By-law No. 2—Moveable signs is hereby amended by inserting boundaries of allotment 2 in Deposited Plan 30251 and allotment in subparagraph 3 (6) the words ‘Within 1 m of a building line or 91 in Deposited Plan 10199, more particularly delineated as ‘A’ fence line adjacent thereto’. and ‘B’ in Preliminary Plan No. PP32/0445. In accordance with section 671 (5) (b) the foregoing by-law Portion marked ‘A’ is to be transferred to Phillip Dean will take effect from the date of gazettal. Goedecke and Kathryn Lee Goedecke, 453 Morphett Street, The foregoing by-law was duly made and passed at a meeting of Adelaide, S.A. 5000. the council, of the City of West Torrens held on Tuesday, 20 Portion marked ‘B’ is to be transferred to Frank Fusillo, 34 April 1999, by an absolute majority of the members for the time Ballard Street, Elizabeth East, S.A. 5112. being constituting the council, there being at least two-thirds of the members present. Subject to any easements that may be required. T. M. STARR, City Manager The plan and a statement of affected owners may be inspected at the Council’s Administration Office, 3 Windsor Square, Elizabeth, S.A. 5112 and the office of the Surveyor-General, during normal office hours. Any application for easement or CITY OF WEST TORRENS objection must be lodged with the City of Playford, Warooka BY-LAW MADE UNDER THE LOCAL GOVERNMENT ACT 1934 Drive, Smithfield, S.A. 5114 and the Adelaide office of the Surveyor-General, 101 Grenfell Street, Adelaide, S.A. 5000, in Amendment No. 1 to By-law No. 3—Council Land writing, giving full details and made within 28 days of this notice. TO amend subparagraphs in the council’s by-law on moveable The City of Playford will give notification of a meeting to deal signs relating to definitions and activities requiring permission in with any submissions if required. respect to vehicles generally, activities requiring permission in respect to dogs on leashes and activities requiring permission in Dated 13 May 1999. respect to the use of toilets. T. R. S. JACKSON, Chief Executive Officer By-law No. 3—Council Land is hereby amended: • By re-numbering subparagraph 1. (2) to read ‘1. (4)’. CITY OF SALISBURY • By amending subparagraph 1. (3) to read ‘1. (5)’. Proposal to Dispose of Reserve • By inserting as subparagraph 1. (2) the words: NOTICE is hereby given that at a meeting held on 27 April ‘Disability’ means a disability as defined in the Disability 1999, the council of the City of Salisbury formed the opinion Discrimination Act 1992, with the exception of a disability that the existing Drainage Reserve known as allotment 130 in that previously existed but no longer exists, may exist in the Deposited Plan 17917 in certificate of title volume 4313, folio future or is imputed to a person’. 620, situated at Mawson Lakes, is no longer required as reserve. 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2607

• By inserting as subparagraph 1. (3) the words: Following distribution of preferences, the final count was as ‘Guide dog’ means a guide dog as defined in the Dog and follows: Cat Management Act 1995.’ Votes • By amending subparagraph 2. (19) to read: Boyce, Harry William ...... 621 Costanzo, Emilio...... 494 ‘to which this subparagraph applies (except guide dogs Exhausted...... 256 guiding a person who is wholly or partially blind; or wholly or partially deaf), cause, suffer or permit any dog under that Resulting in the election of Harry William Boyce. person’s control, charge or authority to be or remain in that S. H. TULLY, Returning Officer place unless such dog is restrained by a strong leash not exceeding 2 m in length and either tethered securely to a fixed object or held by a person capable of controlling the TOWN OF GAWLER dog and preventing it from being a nuisance or danger to other persons’. Periodical Review of Elector Representation • By deleting from subparagraph 2 (25) (b) the word ‘disabled’. NOTICE is hereby given, pursuant to the provisions of section 24 (3) of the Local Government Act 1934, as amended, that the • By amending subparagraph 2 (25) (b) to read: Corporation of the Town of Gawler is to carry out a review to ‘A person, using discretion, may enter a public determine whether a change of arrangements in respect to elector convenience for the purpose of providing assistance to a representation, including ward boundaries and the composition of person with a disability.’ council, will result in the electors of the council area being more adequately and fairly represented. In accordance with section 671 (5) (b) the foregoing by-law will take effect from the date of gazettal. Information regarding the nature of the periodical review is available at the council office, or by contacting John Huider on The foregoing by-law was duly made and passed at a meeting of telephone 8521 1223. the council of the City of West Torrens held on Tuesday, 20 April 1999, by an absolute majority of the members for the time Interested persons are invited to make a written submission to being constituting the council, there being at least two-thirds of the Town Manager, P.O. Box 130, Gawler, S.A. 5118, by close of the members present. business on Friday, 25 June 1999. T. M. STARR, City Manager Any person who makes a written submission will be afforded an opportunity to appear before council, or a committee thereof, to be heard in respect to his/her submission. J. MCEACHEN, Town Manager CITY OF WEST TORRENS Results of Supplementary Elections ALEXANDRINA COUNCIL NOTICE is hereby given that the following candidates were elected to fill the vacancies for Councillors at the Supplementary Notice of Council Meeting Elections for Keswick and Morphett Wards held on Tuesday, 4 NOTICE is hereby given that the council meeting scheduled for May 1999. 24 May 1999, will now be held on Tuesday, 18 May 1999, in the Keswick Ward Strathalbyn Council Chambers, Colman Terrace, Strathalbyn commencing at 5.30 p.m. First preferences received by each candidate were as follows: J. L. COOMBE, Chief Executive Officer Votes Fantasia, Amerigo (Curley) ...... 253 Crossing, David John...... 462 DISTRICT COUNCIL OF COOBER PEDY Russell-Price, Andrew...... 397 Appointment Informal ...... 5 NOTICE is hereby given that council at its meeting held on 28 Following distribution of preferences, the final count was as April 1999, appointed Aleksandra Margaret Mladenovic as its follows: Returning Officer. Votes I. M. GORDON, Chief Executive Officer Crossing, David John...... 532 Russell-Price, Andrew...... 463 Exhausted...... 117 DISTRICT COUNCIL OF COOBER PEDY Resulting in the election of David John Crossing. Nominations for Councillor Morphett Ward NOTICE is hereby given that as a result of the resignation of First preferences received by each candidate were as follows: Councillor S. Absalom, a casual vacancy exists on the District Council of Coober Pedy for the office of Councillor. Frances, Barbara June...... 375 Boyce, Harry William...... 435 Nominations for the position, on the appropriate form will be Costanzo, Emilio ...... 398 received by the undersigned from 19 May 1999 until noon on 9 Matthews, Joan Margaret ...... 163 June 1999. Nomination forms are available from the office of the Informal ...... 7 council during normal office hours. A. MLADENOVIC, Returning Officer 2608 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

DISTRICT COUNCIL OF COOBER PEDY Any application for easement or objection must set out the full name, address and details of the submission and must be fully Aerodrome Fees supported by reasons. NOTICE is hereby given that pursuant to the powers contained in section 6 of the Aerodrome Fees Act 1998, the District Council The application for easement or objection must be made in of Coober Pedy at its meeting held on Monday, 20 July 1998, writing to the council at P.O. Box 28, Mannum, S.A. 5238, resolved that the following fees be fixed for the arrivals and within 28 days of this notice and a copy must be forwarded to the departures at the Coober Pedy Airport: Surveyor-General at G.P.O. Box 1354, Adelaide, S.A. 5001. Where a submission is made, the council will give notification of Landing Charges—Regular Passenger Transport/Other Users: a meeting at which the matter will be considered. • All Planes G. R. BRUS, Chief Executive Officer Arrival fees $6 per 1 000 kg $6 minimum charge Passenger Charges—Regular Passenger Transport: DISTRICT COUNCIL OF NARACOORTE AND LUCINDALE • Arrival fees: $6.50 per adult passenger Temporary Road Closure $2.25 per child NOTICE is hereby given that pursuant to section 359 of the • Departure fees: $6.50 per adult passenger Local Government Act 1934, as amended, that approval has been $2.25 per child granted for the temporary road closure of portion of Repeater Dated 6 May 1999. Station Road between part block 97 and part block 54, Hundred of Naracoorte on the western side of Wild Dog Valley Road on I. GORDON, Chief Executive Officer Sunday, 23 May 1999 between the hours of 11 a.m. and 3.30 p.m. inclusive for the purpose of the Naracoorte Hunt Pony Club’s One Day Event. MID MURRAY COUNCIL D. L. BEATON, Chief Executive Officer ROADS (OPENING AND CLOSING) ACT 1991 Road Closure South of Swan Reach, Hundred of Fisher DISTRICT COUNCIL OF YANKALILLA NOTICE is hereby given, pursuant to section 10 of the Roads (Opening and Closing) Act 1991, that the Mid Murray Council Change of Meeting Time intends to make a Road Process Order to close two portions of NOTICE is hereby given that the council meeting to be held on road marked ‘A’ and ‘B’ as delineated on Preliminary Plan No. 18 May 1999, will commence at 7 p.m. in lieu of 7.30 p.m. PP32/0446. M. DAVIS, Chief Executive Officer The closed road marked ‘A’ is to be vested in the Crown and merged with section 157, Hundred of Fisher. The closed road marked ‘B’ is to be vested in the Crown and merged with section DISTRICT COUNCIL OF YORKE PENINSULA 158, Hundred of Fisher. Temporary Road Closure A copy of the preliminary plan and statement of persons affected are available for public inspection at the Council Office, NOTICE is hereby given that pursuant to section 359 of the 49 Adelaide Road, Mannum, S.A. 5238 and the Adelaide Office of Local Government Act 1934, as amended, council has granted the Surveyor-General during normal officer hours. approval for the temporary closing of the following streets at Port Victoria: Any application for easement or objection must set out the full name, address and details of the submission and must be fully Main Street from Wilson Terrace to Jetty, from 9 a.m. to supported by reasons. 4 p.m. The application for easement or objection must be made in Wilson Terrace to Main Street, Victoria Terrace between writing to the council at P.O. Box 28, Mannum, S.A. 5238, Main Street and Kuhn Terrace and Kuhn Terrace during the within 28 days of this notice and a copy must be forwarded to the Grand Parade from 9.30 a.m. to 10.30 a.m. on Saturday, 29 Surveyor-General at G.P.O. Box 1354, Adelaide, S.A. 5001. May 1999. Where a submission is made, the council will give notification of Main Street west of Passat Street to the Jetty, from 7 a.m. to a meeting at which the matter will be considered. 11 a.m. on Sunday, 30 May 1999, for the purpose of holding the Windjammer 50 Celebrations. G. R. BRUS, Chief Executive Officer R. A. WOOD, Chief Executive Officer MID MURRAY COUNCIL IN the matter of the estates of the undermentioned deceased ROADS (OPENING AND CLOSING) ACT 1991 persons: Road Closing West of Younghusband, Hundred of Younghusband Chapman, Kelva Mary, late of 3 Merion Court, West Lakes, NOTICE is hereby given, pursuant to section 10 of the Roads home duties, who died on 9 April 1999. (Opening and Closing) Act 1991, that the Mid Murray Council Hill, Olive May, late of 280 Sturt Road, Marion, widow, who intends to make a Road Process Order to close portions of public died on 6 February 1999. road (East Front Road) marked ‘A’, ‘B’, ‘C’, ‘D’ and ‘E’ as Hunter, Maurice Herbert, late of 3 Fourth Avenue, St Peters, delineated on Preliminary Plan No. PP32/0447. retired accounts clerk, who died on 28 April 1999. The closed road marked ‘A’, ‘B’, ‘C’, ‘D’ and ‘E’ are to be Jennings, Sylvia Olive, late of 11 Millard Street, Mount vested in the crown and merged with allotments 11, 12, 13, 14 Gambier, home duties, who died on 13 April 1999. and 15 in Filed Plan 39791 (respectively). Kalmar, Lajos, late of 160-164 Military Road, Semaphore, of no occupation, who died on 5 October 1998. Open as road portions of section 706 adjacent to sections 721 Katavich, Doris Marjorie, late of 25 Ivey Street, Ottoway, and 64 marked ‘1’ and ‘2’ on Preliminary Plan No. PP32/0447. home duties, who died on 20 March 1999. A copy of the preliminary plan and statement of persons Machin, Daphne Alexandra, late of 47 Eve Road, Bellevue affected are available for public inspection at the Council Office, Heights, of no occupation, who died on 7 February 1999. 49 Adelaide Road, Mannum, S.A. 5238 and the Adelaide office of Matthews, William Ashton, late of 83 Braund Road, Prospect, the Surveyor-General during normal officer hours. retired motor mechanic, who died on 3 April 1999. 13 May 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2609

Mitchell, Norman Ronald, late of 96 Bowker Street, Warradale, A.C.N. 080 266 020 PTY LTD retired hotel manager, who died on 10 April 1999. ON 7 May 1999 the Supreme Court of South Australia in Action Mountstephen, Marlene Ann, late of 101 Maxwell Road, Ingle No. 511 of 1999 appointed John Maxwell Morgan, official Farm, nurse, who died on 14 March 1999. liquidator of BDO Nelson Parkhill, 248 Flinders Street, Adelaide, Robinson, Augustine Henriette Marie, late of 5 Maturin Road, S.A. 5000 to be the provisional liquidator of that company. This Glenelg, of no occupation, who died on 18 March 1999. advertisement is inserted by VON DOUSSAS, 389 King William Smyth, Catherine Josephine, late of 3 Wheelton Street, Street, Adelaide, S.A. 5000, solicitors for the plaintiff. Kingscote, Kangaroo Island, retired general clerk, who died on 18 March 1999. Stodden, John Humphrey, late of 70 Livingstone Avenue, Prospect, retired union organiser, who died on 30 March 1999. M. HUGHES NATIONWIDE TRANSPORT PTY LTD Wheeler, Gilbert Rex, late of 30 Sussex Terrace, Westbourne Park, retired storeman, who died on 17 March 1999. (ACN 008 133 766) Willson, Francis Joseph, late of 52 Queen Street, WORKERS REHABILITATION AND COMPENSATION Solomontown, retired telfer driver, who died on 14 March CORPORATION has brought a summons in Action No. 512 of 1999. 1999, in the Supreme Court of South Australia seeking the Notice is hereby given pursuant to the Trustee Act 1936, as winding up of M. Hughes Nationwide Transport Pty Ltd. The amended, the Inheritance (Family Provision) Act 1972, and the summons is listed for hearing on Tuesday, 8 June 1999 at not Family Relationships Act 1975, that all creditors, beneficiaries, before 2.15 p.m. Any creditor or contributory of M. Hughes and other persons having claims against the said estates are Nationwide Transport Pty Ltd wishing to be heard on the required to send, in writing, to the Public Trustee, 25 Franklin summons must file and serve a notice in accordance with Rule 20 Street, Adelaide, S.A. 5000, full particulars and proof of such of the Corporations (South Australia) Rules 1993, at least three claims, on or before 11 June 1999, otherwise they will be business days before the day on which the summons is listed for excluded from the distribution of the said estate; and notice is also hearing and must attend at the Supreme Courthouse, Victoria hereby given that all persons who are indebted to the said estates Square, Adelaide, at the time set for the hearing of the summons. are required to pay the amount of their debts to the Public A copy of the summons and the affidavit in support can be Trustee or proceedings will be taken for the recovery thereof; and obtained on payment of the proper costs from Barratt Lindquist, all persons having any property belonging to the said estates are 162 Halifax Street, Adelaide, S.A. 5000. forthwith to deliver the same to the Public Trustee. Dated 13 May 1999. J. H. WORRALL, Public Trustee RPM SECURITY VISIONS PTY LTD (ACN 078 478 332) IN the matter of the estates of the undermentioned deceased persons: KENTREX PTY LTD (ACN 051 762 273) has brought a summons in Action No. 493 of 1999, in the Supreme Court of Burdon, Alan Arthur, late of 99 David Terrace, Woodville South Australia seeking the winding up of RPM Security Visions Park, retired metal worker, who died on 20 April 1999. Pty Ltd. The summons is listed for hearing on 8 June 1999 not Godson, Iris Juanita Gertrude Mary, late of Westminster before 2.15 p.m. Any creditor of contributory of RPM Security Village Nursing Home, Fort Street, Grange, widow, who Visions Pty Ltd wishing to be heard on the summons must file and died on 20 April 1999. serve a notice in accordance with Rule 20 of the Corporations Hennessy, Gladys Evelin, late of 1A Edward Street, Plympton, (South Australia) Rules 1993, at least three business days before home duties, who died on 17 January 1999. the day on which the summons is listed for hearing and must Notice is hereby given pursuant to the Trustee Act 1936, as attend the Supreme Courthouse, Victoria Square, Adelaide at the amended, the Inheritance (Family Provision) Act 1972-1975, time set for the hearing of the summons. A copy of the summons and the Family Relationships Act 1975, that all creditors, and the affidavit in support can be obtained from Robinson beneficiaries, and other persons having claims against the said Gerard & Co., 120 Hutt Street, Adelaide, S.A. 5000, solicitors for estates are directed to send full particulars of such claims to the the plaintiff. undersigned, on or before 3 June 1999, otherwise they will be excluded from the distribution of the said estate. Dated 6 May 1999. IOOF AUSTRALIA TRUSTEES LIMITED (ACN 007 870 644) AND BAGOT’S EXECUTOR AND TRUSTEE COMPANY LIMITED (ACN 007 869 829), 212 Pirie Street, Adelaide, S.A. 5000 2610 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [13 May 1999

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