Government Gazette

No. 160 2253

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, 11 NOVEMBER 1999

CONTENTS Page Page Appointments, Resignations, Etc...... 2256 Proclamations...... 2254 Associations Incorporation Act 1985—Notice...... 2258 Public Trustee Office—Administration of Estates...... 2347 Corporations and District Councils—Notices...... 2346 REGULATIONS Crown Lands Act 1929—Notice...... 2259 Road Traffic Act 1961—(No. 217 of 1999)...... 2331 Development Act 1993—Notices...... 2259 Liquor Licensing Act 1997—(No. 220 of 1999)...... 2332 Fisheries Act 1982—Notices...... 2261 Emergency Services Funding Act 1998— Geographical Names Act 1991—Notices...... 2321 (No. 221 of 1999)...... 2335 Land and Business (Sale and Conveyancing) Act 1994— Education Act 1972—(No. 222 of 1999)...... 2344 Notice...... 2321 Remuneration Tribunal—Determination...... 2325 Liquor Licensing Act 1997—Notices...... 2321 Road Traffic Act 1961—Notice...... 2326 Local Government Act 1934—Notices...... 2323 Soil Conservation and Land Care Act 1989—Notice...... 2326 Mining Act 1971—Notices...... 2324 South Australian Housing Trust Act 1995—Notice...... 2258 Mount Gambier Circuit Court—Notice...... 2258 Survey Act 1992—Notice...... 2326 Premier and Cabinet, Department of the: Vocational Education, Employment and Training Act Retention of Title...... 2258 1994—Contracts of Training...... 2327 Private Advertisements...... 2347 Water Resources Act 1997—Notice...... 2326

GOVERNMENT GAZETTE NOTICES ALL poundkeepers' and private advertisements forwarded for publication in the South Australian Government Gazette must be PAID FOR PRIOR TO INSERTION; and all notices, from whatever source, should be legibly written on one side of the paper only and sent to Riverside 2000 so as to be received no later than 4 p.m. Tuesday preceding the day of publication. Phone 8207 1045 or Fax 8207 1040. E-mail: [email protected]. Send as attachments in Word format and please confirm your transmission with a faxed copy of your document, including the date the notice is to be published and to whom the notice will be charged. 2254 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

CROWN LANDS ACT 1929 SECTION 5AA(1)(d): HUNDRED Mark Maynard of the Westpac Banking Corporation OF CUMMINS—LAND FREED FROM TRUST AND at Renmark GRANT CANCELLED Tina Miller of the Adelaide Bank Business Centre Proclamation By The Governor Andrew Morrison of the Adelaide Bank at Tea Tree Plaza (L.S.) E. J. NEAL Kym Robert Nelson of the Adelaide Bank at Unley Preamble Richard Helge Nordin of the Adelaide Bank Northern Branch 1. The following land is held in trust as a site for a cemetery: Brenton Mark Parsons of the Adelaide Bank at Section 2A, Hundred of Cummins, County of Flinders, being Salisbury the whole of the land contained in Land Grant Register Book Stephen Richard Riley of the Adelaide Bank at Marion Volume 957 Folio 47. Yvonne Skinner of the Adelaide Bank Southern Branch 2. No registered proprietor of the land is able or willing to have Philip John Webster of the Adelaide Bank the care, control and management of the land. Lyndon John Zobel of the Adelaide Bank. Proclamation Given under my hand and the Public Seal of South Australia, at PURSUANT to section 5AA(1)(d) of the Crown Lands Act 1929 Adelaide, 11 November 1999. and with the advice and consent of the Executive Council, I free the land defined in the preamble from the trust referred to in the By command, preamble and cancel the grant of that land. IAIN EVANS, for Premier Given under my hand and the Public Seal of South Australia, at AG 47/99 CS Adelaide, 11 November 1999. AG 48/99 CS By command, IAIN EVANS, for Premier ROAD TRAFFIC (ROAD RULES) AMENDMENT ACT 1999 MEH 73/99 CS (Act No. 39 of 1999): DAY OF COMMENCEMENT Proclamation By The Governor OATHS ACT 1936 SECTION 33: APPOINTMENT AND (L.S.) E. J. NEAL REVOCATION OF APPOINTMENT OF MANAGERS TO WITH the advice and consent of the Executive Council, I fix 1 TAKE DECLARATIONS AND ATTEST THE EXECU- Road Traffic (Road TION OF INSTRUMENTS December 1999 as the day on which the Rules) Amendment Act 1999 will come into operation. Proclamation By The Governor Given under my hand and the Public Seal of South Australia, at (L.S.) E. J. NEAL Adelaide, 11 November 1999. PURSUANT to section 33 of the Oaths Act 1936 and with the By command, advice and consent of the Executive Council, I— IAIN EVANS, for Premier (a) appoint the following managers to take declarations and attest the execution of instruments: TSA 11844/98 CS Alison Browne of the Westpac Banking Corporation at North Adelaide SHOP TRADING HOURS ACT 1977 SECTION 13: Nuala Marie Cully of the Commonwealth Bank at ALTERATION OF SHOP TRADING HOURS—JANUARY Bordertown 2000 Ricky Andrew Ellard of the Commonwealth Bank at Clare Proclamation By The Governor Matthew John Janssen of the Commonwealth Bank at (L.S.) E. J. NEAL Unley Darren Craig Riddle of the Commonwealth Bank at PURSUANT to section 13 of the Shop Trading Hours Act 1977 McLaren Vale and with the advice and consent of the Executive Council— Con Sgoutas of the Westpac Banking Corporation at 1. I authorise the opening of all shops, excluding those shops Salisbury the business of which is solely or predominantly the sale of boats Craig Antony Smith of the Commonwealth Bank at or motor vehicles, in all Proclaimed Shopping Districts from Rosewater East 7 a.m. until 7 p.m. on Monday, 3 January 2000, subject to the Dianne Stubing of the Westpac Banking Corporation condition set out in the schedule. at Mitcham; 2. I authorise the opening of all shops, excluding those shops and the business of which is solely or predominantly the sale of boats (b) revoke the appointment of the following managers to or motor vehicles, in the Berri Shopping District and the Mount take declarations and attest the execution of Gambier Shopping District from 11 a.m. until 5 p.m. on the instruments: following days, subject to the condition set out in the schedule: Ian Gordon Berryman of the Adelaide Bank at Sunday, 2 January 2000 Morphett Vale Sunday, 9 January 2000 Mark Hewitt Botten of the Adelaide Bank at Port Sunday, 16 January 2000 Adelaide Sunday, 23 January 2000. Ken Bruns of the Adelaide Bank at Salisbury 3. I authorise the opening of all shops, excluding those shops Nicholas Lloyd Carter of the Adelaide Bank at Glenelg the business of which is solely or predominantly the sale of boats Kent John Dredge of the Adelaide Bank at Burnside or motor vehicles, in the Cobdogla Shopping District and the Thomas Wayne Gale of the Adelaide Bank at West Renmark Shopping District from 11 a.m. until 5 p.m. on the Lakes following days, subject to the condition set out in the schedule: Christina Maria Gibki of the Adelaide Bank at Port Adelaide Sunday, 2 January 2000 Christopher Gerard Jones of the Adelaide Bank at Sunday, 9 January 2000 Adelaide Sunday, 16 January 2000 Janine Kay Abbott Mau of the Adelaide Bank at Sunday, 23 January 2000 Gawler Sunday, 30 January 2000. 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2255

4. I authorise the opening of all shops, excluding those shops (iii) the opening of all shops, excluding those shops the the business of which is solely or predominantly the sale of boats business of which is solely or predominantly the or motor vehicles, in the Port Lincoln Shopping District from sale of boats or motor vehicles, from 7 a.m. until 11 a.m. until 5 p.m. on the following days, subject to the 6 p.m. on Tuesday, 28 December 1999; condition set out in the schedule: (h) the opening of all shops, excluding those shops the Sunday, 9 January 2000 business of which is solely or predominantly the sale of Sunday, 16 January 2000 boats or motor vehicles, in the Loxton Shopping District Sunday, 23 January 2000. from 2 p.m. until 8 p.m. on the following days: SCHEDULE Sunday, 5 December 1999 This proclamation only authorises the opening of a shop if, subject to an Sunday, 12 December 1999 industrial agreement or an enterprise agreement to the contrary, a person Sunday, 19 December 1999; who is employed in the business of the shop is entitled to refuse to work at (i) in respect of the Renmark Shopping District— the shop during the hours specified in this proclamation unless he or she (i) the opening of all shops from 6 p.m. until 9 p.m. has agreed with the shopkeeper to work during those hours. on the following days: Given under my hand and the Public Seal of South Australia, at Thursday, 23 December 1999 Adelaide, 11 November 1999. Thursday, 30 December 1999; By command, (ii) the opening of all shops, excluding those shops the IAIN EVANS, for Premier business of which is solely or predominantly the MGE 106/99 CS sale of boats or motor vehicles, from 7 a.m. until 7 p.m. on Tuesday, 28 December 1999; (j) the opening of all shops in the Balaklava Shopping SHOP TRADING HOURS ACT 1977 SECTION 13: ALTERA- District, the Booleroo Centre Shopping District, the TION OF SHOP TRADING HOURS—DECEMBER 1999 Burra Shopping District, the Kingscote Shopping District, the Minlaton Shopping District and the Tailem Proclamation By The Governor Bend Shopping District from 6 p.m. until 9 p.m. on (L.S.) E. J. NEAL Friday, 24 December 1999; PURSUANT to section 13 of the Shop Trading Hours Act 1977 (k) the opening of all shops, excluding those shops the and with the advice and consent of the Executive Council— business of which is solely or predominantly the sale of boats or motor vehicles, in the Port Lincoln Shopping 1. I authorise, subject to the condition set out in the schedule— District from 11 a.m. until 5 p.m. on Tuesday, 28 (a) the opening of all shops, excluding those shops the December 1999; business of which is solely or predominantly the sale of (l) the opening of all shops, excluding those shops the boats or motor vehicles, in all Proclaimed Shopping business of which is solely or predominantly the sale of Districts (other than the Jamestown Shopping District boats or motor vehicles, in the Streaky Bay Shopping and the Loxton Shopping District) from 11 a.m. until District from 9 a.m. until 1 p.m. on Monday, 27 5 p.m. on Sunday, 5 December 1999; December 1999; (b) the opening of all shops, excluding those shops the (m) the opening of all shops, excluding those shops the business of which is solely or predominantly the sale of business of which is solely or predominantly the sale of boats or motor vehicles, in all Proclaimed Shopping boats or motor vehicles, in the Waikerie Shopping Districts (other than the Loxton Shopping District) District from 9 a.m. until 5 p.m. on Monday, 27 from 11 a.m. until 5 p.m. on the following days: December 1999. Sunday, 12 December 1999 2. I require all shops in the Renmark Shopping District to Sunday, 19 December 1999; remain closed from 6 p.m. until 9 p.m. on the following days: (c) the opening of all shops in all Proclaimed Shopping Friday, 24 December 1999 Districts from 6 p.m. until 9 p.m. on the following days: Friday, 31 December 1999. Wednesday, 22 December 1999 SCHEDULE Wednesday, 29 December 1999; This proclamation only authorises the opening of a shop if, subject to an (d) the opening of those shops that are supermarkets the industrial agreement or an enterprise agreement to the contrary, a person business of which is solely or predominantly the sale of who is employed in the business of the shop is entitled to refuse to work at foodstuffs in all Proclaimed Shopping Districts from the shop during the hours specified in this proclamation unless he or she 7 a.m. until 7 p.m. on Tuesday, 28 December 1999; has agreed with the shopkeeper to work during those hours. (e) in respect of the Berri Shopping District— Given under my hand and the Public Seal of South Australia, at (i) the opening of all shops from 6 p.m. until 9 p.m. Adelaide, 11 November 1999. on Friday, 17 December 1999; By command, (ii) the opening of all shops, excluding those shops the IAIN EVANS, for Premier business of which is solely or predominantly the sale of boats or motor vehicles, from 7 a.m. until MGE 106/99 CS 7 p.m. on Tuesday, 28 December 1999; (f) the opening of all shops in the Cobdogla Shopping SHOP TRADING HOURS ACT 1977 SECTION 13: District from 6 p.m. until 9 p.m. on Friday, 10 ALTERATION OF SHOP TRADING HOURS— December 1999; NOVEMBER 1999 (g) in respect of the Jamestown Shopping District— Proclamation By The Governor (i) the opening of all shops, excluding those shops (L.S.) E. J. NEAL the business of which is solely or predominantly the sale of boats or motor vehicles, from 1.30 p.m. PURSUANT to section 13 of the Shop Trading Hours Act 1977 until 7.30 p.m. on Sunday, 5 December 1999; and with the advice and consent of the Executive Council— (ii) the opening of all shops from 6 p.m. until 9 p.m. 1. I authorise the opening of all shops, excluding those shops on Friday, 24 December 1999; the business of which is solely or predominantly the sale of boats or motor vehicles, in the Berri Shopping District from 1 p.m. until 4 p.m. on Sunday, 14 November 1999, subject to the condition set out in the schedule. 2. I authorise the opening of all shops, excluding those shops the business of which is solely or predominantly the sale of boats or motor vehicles, in the Loxton Shopping District from 2 p.m. 2256 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999 until 8 p.m. on Sunday, 28 November 1999, subject to the Department of the Premier and Cabinet condition set out in the schedule. Adelaide, 11 November 1999 3. I authorise the opening of all shops, excluding those shops HIS Excellency the Governor in Executive Council has been the business of which is solely or predominantly the sale of boats pleased to appoint the undermentioned to the South Australian or motor vehicles, in the Mount Barker Shopping District from Harness Racing Authority, pursuant to the provisions of the 11 a.m. until 5 p.m. on the following days, subject to the Racing Act 1976: condition set out in the schedule: Member: (from 3 December 1999 until 30 June 2000) Sunday, 14 November 1999 Ian Stuart Campbell McEwen Sunday, 21 November 1999 Belinda Jane Grant Sunday, 28 November 1999. Henry Alistair Michael Kevin Edward Bartlett SCHEDULE Robert Arthur Aughey This proclamation only authorises the opening of a shop if, subject to an industrial agreement or an enterprise agreement to the contrary, a person Presiding Member: (from 3 December 1999 until 30 June who is employed in the business of the shop is entitled to refuse to work at 2000) the shop during the hours specified in this proclamation unless he or she Ian Stuart Campbell McEwen, AM has agreed with the shopkeeper to work during those hours. Deputy Presiding Member: (from 3 December 1999 until 30 Given under my hand and the Public Seal of South Australia, at June 2000) Adelaide, 11 November 1999. Belinda Jane Grant By command, By command, IAIN EVANS, for Premier IAIN EVANS, for Premier MGE 106/99 CS MRSR-RI 0007/99CS

Member: (from 11 November 1999 until 10 November HIS Excellency the Governor in Executive Council has revoked 2000) the appointments of Brenton George Briers, Christopher James Ian Rischmueller Le Roux, Christopher John Ward, Danny Wayne Wood and Chair: (from 11 November 1999 until 10 November 2002) Michael George Wyant as Inspectors of motor vehicles, pursuant John Eastham to section 7 (1) of the Motor Vehicles Act 1959. By command, By command, IAIN EVANS, for Premier IAIN EVANS, for Premier DT&F 082/99CS DTRN 03291/97TC2CS

Department of the Premier and Cabinet Department of the Premier and Cabinet Adelaide, 11 November 1999 Adelaide, 11 November 1999 HIS Excellency the Governor in Executive Council has been HIS Excellency the Governor in Executive Council has been pleased to appoint the undermentioned to the Senior Secondary pleased to appoint as officers of the Crown for the purpose of Assessment Board of South Australia, pursuant to the provisions providing the range of custodial services for Prisoner Movement of the Senior Secondary Assessment Board of South Australia Act and In-Court Management services, in accordance with the 1983: contract, without pay or any other industrial entitlement, staff of Group 4 Correction Services Pty Ltd, pursuant to section 68 of Deputy Member: (from 11 November 1999 until 30 April the Constitution Act 1934: 2000) Helen Whelan (Deputy to Eckerman) Robert John Doherty David Brian Fox By command, Peter John Jackson IAIN EVANS, for Premier Allan William Lambe Lazaro Rino Palombella MECT 39/99CS Frank William Parker Walter James Spackman Department of the Premier and Cabinet The specific duties as summarised are governed by a variety of Adelaide, 11 November 1999 documentation identified in and arising out of the contract for Prisoner Movement and In-Court Management services, HIS Excellency the Governor in Executive Council has been including: pleased to appoint Josephine Mary Atkins to the position of Counsel Assisting the State Coroner for the period 11 November • The Correctional Services Act 1982, the Young Offenders 1999 to 10 November 2004, pursuant to section 68 of the Act 1993 and the Youth Courts Act 1993; Constitution Act 1934. • the operational specifications, which comprise all those By command, services described in Schedule 1 of the contract; IAIN EVANS, for Premier • the Agencies’ Policy and Procedure Statements; ATTG 50/99CS • the Manager’s Rules created in accordance with the Correctional Services Act 1982; Department of the Premier and Cabinet • the Emergency Orders which describe the procedures to be Adelaide, 11 November 1999 followed by all staff in particular emergency situations; and HIS Excellency the Governor in Executive Council has revoked • the Operational Instructions which describe the procedures the appointment of Michael John Caveney as Deputy Registrar- to be used by all staff in the day to day management of the General and as Deputy Registrar-General of Deeds, pursuant to Prisoner Movement and In-Court Management services. section 13 (3) of the Real Property Act 1886 and section 6 (1) By command, of the Registration of Deeds Act 1935. IAIN EVANS, for Premier By command, DCS 13/97CS IAIN EVANS, for Premier ATTG 44/99CS Department of the Premier and Cabinet Adelaide, 11 November 1999 Department of the Premier and Cabinet HIS Excellency the Governor in Executive Council has been Adelaide, 11 November 1999 pleased to appoint the following as Justices of the Peace for HIS Excellency the Governor in Executive Council has been South Australia, pursuant to section 4 of the Justices of the Peace pleased to appoint Stephen Brian Wilden as Deputy Registrar- Act 1991: General and as Deputy Registrar-General of Deeds, pursuant to Adair, Susan Margaret of Willunga section 13 (3) of the Real Property Act 1886 and section 6 (1) Ashley, Patricia of North Haven of the Registration of Deeds Act 1935. Bennett, David Alan of Highbury By command, Bergman, Wayne Noel of Morphett Vale Bersagliere, Michelle of Seaton IAIN EVANS, for Premier Blackborough, Loretta Anne of Magill ATTG 44/99CS Bruno, Antonio of Trinity Gardens Buttress, Debra of Greenwith Calleja, Victor of Hillbank Department of the Premier and Cabinet Campbell, Gary of Banksia Park Adelaide, 11 November 1999 Chapman, Craig Andrew of Mannum Clark, Allen Noel of Salisbury East HIS Excellency the Governor in Executive Council has been Corso, Matthew of Woodville West pleased to appoint Francesco Lanzilli, an employee of Transport Dalton, Anne Elizabeth of Toorak Gardens SA, as an Inspector of Motor Vehicles, pursuant to section 7 (1) Dalton, Vincent John of Brompton of the Motor Vehicles Act 1959. Dobson, Keith Garfield of Adelaide By command, Docherty, Michael John of Hallett Cove IAIN EVANS, for Premier DTRN 03921/97TC2CS

Department of the Premier and Cabinet Adelaide, 11 November 1999 2258 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

Edwards, Rosalie Joy of Oaklands Park NOTICE Garrihy, Andrew John of Oakden PURSUANT to section 23 (3) (a) of the South Australian Hammer, Samantha Jane of Woodcroft Housing Trust Act 1995, I, the Minister to whom the Isabel, Maria Del Carmen Alejandra Adelaida of Modbury administration of that Act is committed, give preliminary notice Heights of an intention to transfer some or all of the assets, rights and Johnstone, Stuart Graham of Clarence Park liabilities of SAHT referred to in the Schedule to the South Kearns, Michael Ronald of Ascot Park Australian Aboriginal Housing Authority under section 23 (1) (b) Kerr, Jennifer Lee of Woodville North of that Act. Kitchin, Steven Anthony of Morphett Vale Kralik, Debbie Lynne of West Lakes SCHEDULE Lawson, Wayne Kenneth of Hawthorndene 1. All residential properties administered by the Aboriginal Leaver, Andrew Neil of Murray Bridge Housing Unit of SAHT, other than where the tenant objects to a Linthorne, Jason Alex Lionel of Murray Bridge transfer by written notice served on SAHT before a date to be Lockwood, Sandra Joy of Crafers determined by the Minister. McFeeters, Scott Robert of Fairview Park McGuinness, Paul William of Kings Park 2. Any debt on whatever account owed to SAHT by a tenant MacKenzie, Steven John of Flinders Park (or former tenant) of a property referred to in clause 1. Mason, Rosemary Joy of Morphett Vale 3. Any right of SAHT under a warranty, guarantee or other Mead, Timothy John of West Lakes Shore instrument connected with a property referred to in clause 1. Moore, Sharon Anne of Happy Valley Murdoch, Helen Mary of Port Germein 4. Any right of SAHT to bring any action for damage caused to Neuhuber, Rachel Kaye of Sheidow Park a property referred to in clause 1. Pappas, Konstantinos of Tennyson 5. Any liability of SAHT for damage, injury or loss in Patterson, Dianne Mary of Port Pirie connection with a property referred to in clause 1. Pugh, Martyn Bryan of Hallett Cove Perger, Edith of Largs North 6. Any benefit, obligation, right or liability of SAHT under a Rankine, Denise Ann Frances of Port Lincoln conditions of tenancy or other agreement or instrument that Russack, Jonathan Peter of Morphett Vale relates to a property referred to in clause 1. Samarzia, Lisa Marie of North Haven 7. Any record or other instrument kept or held by SAHT that Simpson, Mark Andrew of Glenunga relates to a property referred to in clause 1. Sleczka, Andrew Tadeusz of West Lakes Smith, Ronald Walter of Salisbury Plains 8. A right of SAHT to make any other claim or to bring or Smitheram, Mark James of Hallett Cove take any other action in connection with a property referred to Stewart, Marcia May of Northfield in clause 1. Watson, Rowena Anne of Morphett Vale 9. Any right or benefit of SAHT on account of a prepayment Whitman, Ross Michael of Allenby Gardens made by SAHT in connection with a property referred to in Williams, Lisa Gaye of Goodwood clause 1. Woodward, Gavin John of Brooklyn Park 10. Any other right or liability of SAHT in connection with a Zobel, Lyndon John of Gawler East property referred to in clause 1. By command, DEAN BROWN, Minister for Human Services JOHN OLSEN, Premier ATTG 43/99CS ASSOCIATIONS INCORPORATION ACT 1985 Deregistration of Associations Department of the Premier and Cabinet NOTICE is hereby given that the Corporate Affairs Commission Adelaide, 9 November 1999 approves the applications for deregistration received from the Retention of Title associations named below, pursuant to section 43A of the HIS Excellency the Governor directs it to be notified that he has Associations Incorporation Act 1985. Deregistration takes effect been pleased to approve retention of the title Honourable by on the date of publication of this notice. Justice Robin Millhouse on his retirement from the office of The Apex Club of Peterborough Inc. Judge of the Supreme Court on Thursday, 9 December 1999. Australian Fitness Accreditation Council Inc. By command, The Happiness Australia Association Inc. Hills Community Child Care Centre Inc. JOHN OLSEN, Premier The Rotary Club of West Beach Inc. DPC 427/75 PtAPt2 Royal South Australia Regiment Association Inc. Dated 9 November 1999. SOUTH AUSTRALIAN HOUSING TRUST ACT 1995, A. J. GRIFFITHS, a delegate of the Corporate SECTION 23 (3) (a): NOTICE OF PROPOSED TRANSFER Affairs Commission Notice by the Minister Preamble MOUNT GAMBIER CIRCUIT COURT 1. Section 23 (1) (b) (ii) of the South Australian Housing Trust Sheriff’s Office, Adelaide, 3 November 1999 Act 1995, provides that the Minister may with the concurrence IN pursuance of a precept from the Supreme Court to me of the Treasurer, by notice in the Gazette, transfer assets, rights directed, I do hereby give notice that the said court will sit as a and liabilities of the South Australian Housing Trust (SAHT) to a Court of Oyer and Terminer and Gaol Delivery on Monday, 29 statutory corporation (being a body established under the Housing November 1999 at the Courthouse at Mount Gambier at 10 a.m. and Urban Development (Administrative Arrangements) Act and all parties bound to prosecute and give evidence and all jurors 1995. summoned and all others having business at the said court are 2. It is proposed to transfer certain assets, rights and liabilities required to attend the sittings thereof. In accordance with Rules of SAHT to the South Australian Aboriginal Housing Authority of the Supreme Court made by the Judges as amended, the order (which is a statutory corporation). of business will be, unless a Judge otherwise orders, as follows: 3. Section 23 (3) (a) of the South Australian Housing Trust Act Monday, 29 November 1999 at 10 a.m. the first day of the 1995 requires that the Minister must not act under section sittings the only business taken will be the arraignment of 23 (1) (b) of that Act unless he or she has first given preliminary prisoners in gaol and the passing of sentences on prisoners in gaol notice of the proposed transfer. committed for sentence; the surrender of prisoners on bail 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2259 committed for sentence; the surrender of persons in response to DEVELOPMENT ACT 1993, SECTION 28 (1): ex officio informations or of persons on bail and committed for DECLARATION OF INTERIM OPERATION OF CITY OF trial who have signified their intention to plead guilty and the TEA TREE GULLY—HERITAGE PLAN AMEND-MENT passing of sentences. Notice Juries will be summoned for and persons will be tried on this and PURSUANT to section 28 (1) of the Development Act 1993, I, subsequent days of the sittings. the Governor, with the advice and consent of the Executive Prisoners in H.M. Gaol and on Bail for Sentence and for Trial at Council, being of the opinion that it is necessary in the interest the Sittings of the Mount Gambier Courthouse, commencing of the orderly and proper development of the area affected by Monday, 29 November 1999. the ‘City of Tea Tree Gully—Heritage Plan Amendment’ that the Plan Amendment should come into operation without delay, Young, Graham Manslaughter In gaol declare that the Plan Amendment will come into operation on an Daniel interim basis on 11 November 1999. Young, Graham Breach of bond. Assault — Daniel occasioning actual bodily Given under my hand at Adelaide, 11 November 1999. harm E. J. NEAL, Governor Prisoners on bail must surrender at 10 a.m. of the day MTUP-PL 32/99CS appointed for their respective trials. If they do not appear when called upon their recognizances and those of their bail will be estreated and a bench warrant will be issued forthwith. DEVELOPMENT ACT 1993 By order of the Court, City of Tea Tree Gully Development Plan¾Heritage Plan Amendment Report¾Draft for Public Consultation J. A. CARR, Sheriff THE CITY OF TEA TREE GULLY has prepared a draft Heritage Plan Amendment Report to amend the Development Plan as it affects the Heritage Township 1, 2, 3 and 4 Zones and proposes the incorporation of Local Heritage Places across the city. CROWN LANDS ACT 1929: SECTION 5 The draft Heritage Plan Amendment Report will be available TAKE NOTICE that pursuant to the Crown Lands Act 1929, I, for public inspection and purchase during normal office hours KOSTAS SARNECKIS, Acting Surveyor-General and Delegate from the Tea Tree Gully Civic Centre, 571 Montague Road, appointed by DOROTHY KOTZ, Minister for Environment and Modbury, S.A. 5092, from 11 November 1999 to 18 February Heritage, Minister of the Crown to whom the administration of 2000. A copy of the draft Heritage Plan Amendment Report can the Crown Lands Act 1929 is committed DO HEREBY: be purchased from the council for $5.00. 1. Resume the land defined in The First Schedule. Written submissions regarding the draft Heritage Plan 2. Dedicate the Crown Land defined in The Second Schedule as Amendment Report are invited. These should be addressed to: an Aged Persons Accommodation Reserve and declare that The Chief Executive Officer such land shall be under the care, control and management of City of Tea Tree Gully the Alexandrina Council. P.O. BOX 571 MODBURY, S.A. 5092 The First Schedule A public hearing will be held at 7 p.m. at the Civic Centre, 571 Reserve for Plantation Purposes, now numbered as allotment Montague Road, Modbury, S.A. 5092 on 29 February 2000 183, Town of Port Elliot, Hundred of Goolwa, the proclamation provided that at least one submission indicates an interest in being of which was published in the Government Gazette of 23 April heard by the council. 1925 at page 726, being the whole of the land comprised in Crown Record Volume 5665 Folio 468. Your submission should clearly indicate whether you wish to speak at the public hearing. The Second Schedule Copies of the all submissions can be viewed at the following Allotment 183, Town of Port Elliot, Hundred of Goolwa, locations from 18 February 2000 until the date of the public County of Hindmarsh, exclusive of all necessary roads, being the hearing: whole of the land comprised in Crown Record Volume 5665 Folio 468. City of Tea Tree Gully Tea Tree Gully Library Civic Centre 98 Smart Road Dated 8 November 1999. 571 Montague Road MODBURY, S.A. 5092 K. SARNECKIS, Acting Surveyor-General MODBURY, S.A. 5092 DENR 12/0462 Dated 11 November 1999. G. J. PERKIN, Chief Executive Officer 2260 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

DEVELOPMENT ACT 1993, SECTION 29 (2) (a): AMENDMENT TO THE TEA TREE GULLY (CITY) DEVELOPMENT PLAN Preamble It is necessary to amend the Tea Tree Gully (City) Development Plan dated 19 August 1999. NOTICE PURSUANT to Section 29 (2) (a) of the Development Act 1993, I, Diana Laidlaw, being the Minister administering the Act, amend The Tea Tree Gully (City) Development Plan, as dated 19 August 1999, as follows: Delete MAP TTG/9, and replace with the contents of attachment A.

Dated 11 November 1999. DIANA LAIDLAW, Minister for Transport and Urban Planning 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2261

FISHERIES ACT 1982: SECTION 59 PURSUANT to section 23 of the Fisheries Act 1982, I, ROBERT TAKE notice that pursuant to section 59 of the Fisheries Act GERARD KERIN, Minister for Primary Industries, Natural 1982, Bruce Bennett, P.O. Box 907, Port Lincoln, S.A. 5606 Resources and Regional Development, being the Minister to (hereinafter referred to as the ‘permit holder’) is exempt from whom administration of the Fisheries Act 1982, is committed, Regulation 35C of the Fisheries (General) Regulations 1984, in hereby delegate to the Marine Scalefish Fisheries Management that the permit holder shall not be guilty of an offence when Committee my powers under regulation 6 of the Fisheries using berley within the waters specified in Schedule 1 to attract (Management Committees) Regulations 1995, to appoint proxies white sharks (Carchardon carcharias) for the purpose of cage for members of that committee. viewing only (hereinafter referred to as the ‘permitted activity’), Dated 5 November 1999. subject to the conditions specified in Schedule 2, for the dates ROB KERIN, Deputy Premier, Minister for specified in Schedule 3. Primary Industries, Natural Resources and SCHEDULE 1 Regional Development Coastal waters contained within the Neptune Islands Conservation Park, and the following portions of the Sir Joseph Banks Islands Conservation Park, English and Sibsey Islands. FISHERIES ACT 1982 Note: Dangerous Reef is not available under this permit due to Delegation under Section 23 Sea lion breeding between 1 May 1999 and 1 January 2000. PURSUANT to section 23 of the Fisheries Act 1982, I, ROBERT SCHEDULE 2 GERARD KERIN, Minister for Primary Industries, Natural 1. The permit holder must be on board the boat when Resources and Regional Development, being the Minister to conducting the permitted activity. whom administration of the Fisheries Act 1982, is committed, hereby delegate to the Spencer Gulf and West Coast Prawn 2. All berley used while conducting the permitted activity must Fisheries Management Committee my powers under regulation 6 consist of fish based products only. All berley (other than fish oil) of the Fisheries (Management Committees) Regulations 1995, to must be stored below a maximum temperature of 4°C. appoint proxies for members of that committee. 3. The permit holder must notify the public by a Notice to Dated 5 November 1999. Mariners through the Australian Maritime Safety Authority, by public notice in the Adelaide Advertiser at least 24 hours in ROB KERIN, Deputy Premier, Minister for advance of berleying operations, advising the local coastguard and Primary Industries, Natural Resources and the Fisheries Compliance Unit on 1800 065 522 at least two Regional Development hours prior to conducting the permitted activities. 4. The permit holder shall allow an officer of the Department for Environment Heritage and Aboriginal Affairs (DEHAA) or FISHERIES ACT 1982 nominee to be present on board the boat during the permitted Delegation under Section 23 activities if requested and subject to negotiation and availability PURSUANT to section 23 of the Fisheries Act 1982, I, ROBERT of space. GERARD KERIN, Minister for Primary Industries, Natural 5. The permit holder must comply with all instructions Resources and Regional Development, being the Minister to (including ceasing to berley if so instructed) given by an officer whom administration of the Fisheries Act 1982, is committed, from DEHAA. hereby delegate to the Abalone Fisheries Management Committee 6. Whilst engaged in the permitted activity, a pennant my powers under regulation 6 of the Fisheries (Management (approved by DEHAA) must be flown from the boat so as to be Committees) Regulations 1995, to appoint proxies for members clearly visible. of that committee. 7. Whilst engaged in the permitted activity the permit holder Dated 5 November 1999. must have in his/her possession a copy of this notice and produce ROB KERIN, Deputy Premier, Minister for a copy of the notice if required by a Fisheries Compliance Primary Industries, Natural Resources and Officer. Regional Development 8. The permit holder shall not contravene or fail to comply with the Fisheries Act 1982, or any regulations made under the Act, except where specifically exempted by this notice. FISHERIES ACT 1982 9. The permit holder must maintain a log whilst engaged in the Delegation under Section 23 permitted activity which includes the date and location, number PURSUANT to section 23 of the Fisheries Act 1982, I, ROBERT of passengers, number of hours berleying, number of sharks GERARD KERIN, Minister for Primary Industries, Natural observed and any other relevant observations or comments. Resources and Regional Development, being the Minister to Records must be kept in a form determined by the operator’s whom administration of the Fisheries Act 1982, is committed, association in conjunction with CSIRO Marine Research Unit and hereby delegate to the Northern Zone Rock Lobster Fisheries endorsed by the Minister for Environment and Heritage. A copy Management Committee my powers under regulation 6 of the of the log must be provided to the relevant DEHAA office within Fisheries (Management Committees) Regulations 1995, to 14 days of each calendar month. Failure to submit a log within appoint proxies for members of that committee. the agreed time period may preclude the provision of future permits until such outstanding logs are received by the relevant Dated 5 November 1999. DEHAA office. ROB KERIN, Deputy Premier, Minister for 10. The permit holder must conform to a code of ethics Primary Industries, Natural Resources and developed by the operator’s association and endorsed by the Regional Development Minister for Environment and Heritage. 11. The permit holder will operate in cooperation with and in agreement of any other approved operator at the same location. FISHERIES ACT 1982 12. The permit holder must have public liability insurance to Delegation under Section 23 an amount determined by the Minister for Environment and PURSUANT to section 23 of the Fisheries Act 1982, I, ROBERT Heritage and ensure vessels are surveyed and staffed as per GERARD KERIN, Minister for Primary Industries, Natural Department of Transport regulations. Resources and Regional Development, being the Minister to SCHEDULE 3 whom administration of the Fisheries Act 1982, is committed, hereby delegate to the Southern Zone Rock Lobster Fisheries 10 November 1999 to 15 November 1999. Management Committee my powers under regulation 6 of the Dated 8 November 1999. Fisheries (Management Committees) Regulations 1995, to R. ALLEN, Manager Parks and Wildlife West appoint proxies for members of that committee. Dated 5 November 1999. FISHERIES ACT 1982 Delegation under Section 23 2262 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

ROB KERIN, Deputy Premier, Minister for 1.2 that, subject to section 53A of the Fisheries Act 1982, Primary Industries, Natural Resources and this licence does not entitle the licensee to exclusive Regional Development 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 FISHERIES ACT 1982 from time to time. Delegation under Section 23 2. Marked-off Areas PURSUANT to section 23 of the Fisheries Act 1982, I, ROBERT For the purposes of section 53A of the Fisheries Act 1982, the GERARD KERIN, Minister for Primary Industries, Natural marked-off areas within the site is that area or those areas Resources and Regional Development, being the Minister to marked-off or indicated in the manner set out in Item 2 of whom administration of the Fisheries Act 1982, is committed, Schedule 1 of this licence. hereby delegate to the Inland Fisheries Management Committee 3. Permitted Species my powers under regulation 6 of the Fisheries (Management Committees) Regulations 1995, to appoint proxies for members The licensee: of that committee. 3.1 must not farm or introduce any species at the site other Dated 5 November 1999. than the permitted species; and 3.2 must not take any wild fish from the site except for ROB KERIN, Deputy Premier, Minister for Primary Industries, Natural Resources and recreational purposes. Regional Development 4. Permitted Use The licensee must not use the site for any purpose other than the permitted use. FISHERIES ACT 1982 5. Permitted Methods Delegation under Section 23 The licensee: PURSUANT to section 23 of the Fisheries Act 1982, I, ROBERT GERARD KERIN, Minister for Primary Industries, Natural 5.1 must not stock the permitted species at a rate greater Resources and Regional Development, being the Minister to than that specified in Schedule 2 of this licence; whom administration of the Fisheries Act 1982, is committed 5.2 must not use the anti-fouling chemical tributyltin (TBT) hereby delegate to the Blue Crab Fisheries Management on any equipment used at the site; Committee my powers under regulation 6 of the Fisheries 5.3 must not use any chemical or drug for either therapeutic (Management Committees) Regulations 1995, to appoint proxies or prophylactic purpose except with the prior approval for members of that committee. of the Minister; Dated 5 November 1999. 5.4 must apply the permitted farming methods set out in ROB KERIN, Deputy Premier, Minister for Item 2 of Schedule 2 of this licence. Primary Industries, Natural Resources and 6. Marking and Maintaining the Site Regional Development The licensee: 6.1 must ensure that the site is maintained in a good, tidy FISHERIES ACT 1982 and safe condition to the satisfaction of the Minister; MARINE MOLLUSC FARMING LICENCE FM00013 6.2 must remove and lawfully dispose of any waste or debris (PREVIOUS LICENCE NO. F502) on the site as soon as is reasonably practicable and in Licence to Farm Fish under section 53 of the Fisheries particular must comply with any guidelines issued from Act 1982 time to time by the Minister in relation to the removal from the site of any unhealthy or dead fish; WHEREAS the Director of Fisheries has, pursuant to section 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to 6.3 must maintain all buoys, crosses, and markers on the site the undermentioned licensee to release the fish specified in in good condition and in accordance with the colours Item 1 of Schedule 2 of this licence (‘the permitted species’) and, specified in Schedule 1 of this licence; and pursuant to section 48G (2) of the Act, the Director of Fisheries 6.4 must mark the site boundary in accordance with the has also issued a permit to disturb the seabed for the purpose of specifications in Schedule 1 of this licence. installing structures necessary for the licensed activity at the 7. Site Inspection and Supervision undermentioned site, the Minister for Primary Industries, Natural Resources and Regional Development (‘the Minister’) hereby The licensee: grants to: 7.1 must at all times permit the Minister, his employees, R. Brown Enterprises Pty Ltd agents or contractors or any employees, agents or 101 Wells Street contractors of the Crown to enter the site for the Streaky Bay, S.A. 5680, purposes of inspecting the site, the sea floor and the flora and fauna on or in the vicinity of the site; and a non-exclusive licence to occupy and use the waters specified in Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of 7.2 must comply with all reasonable directions of any such farming and taking the permitted species (‘the permitted use’) for person authorised by the Director of Fisheries to inspect the period commencing on 1 July 1999 and ending, subject to any the conduct of the licensee’s activities at the site. earlier termination under this licence, on 30 June 1999 (‘the 8. Fees and Returns term’) subject to the following terms and conditions: The licensee: CONDITIONS OF THIS LICENCE 1. Licence 8.1 must pay to the Minister the licence fee in accordance with Item l of Schedule 3 of this licence; The parties acknowledge and agree that: 8.2 must on or before 31 January and 31 July during the 1.1 the rights, powers and privileges granted to or vested in term, submit to the Minister a return supplying all of the licensee under this licence are contractual only and the information described in Schedule 4 of this licence. shall not create or vest in the licensee any estate, interest or right of a proprietary nature in the site; and 9. Compliance With Relevant Laws 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 activities conducted in the site and with all notices, orders or requirements lawfully given or made by any authority or authorities in respect of the site; 9.2 in particular, without derogating from the general requirement under condition 9 of this licence: 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2263

9.2.1 the licensee must not do or permit to be done in earlier if the circumstances require) or fails to make upon or about the site anything which in the diligent progress towards rectifying any such breach opinion of the Minister would cause or contribute which is incapable of rectification within the time so to the degradation or pollution of any coastal limited; or land or the surrounding marine environment; and 15.2 the licensee commits or permits any further breach 9.2.2 in the event that the Minister is satisfied, on or default of the obligations imposed on the licensee reasonable grounds, that the fish taken from the by this licence for which the Minister has previously waters are not fit for human consumption or that given notice in writing of such breach or default consumption of fish taken from the waters could pursuant to paragraph 1 of condition 15.1 notwith- present a danger to the health of the consumer, standing rectification of the previous breach or the licensee must, in accordance with a written default; or notice from the Minister, cease or suspend the 15.3 the licence fee referred to in condition 8 is unpaid conduct of the permitted use or else conduct the for a period of 14 days after notice has been given to permitted use as directed within the notice. the licensee that it is outstanding; or Public Risk Liability 10. 15.4 if the licensee is a body corporate, any of the The licensee must at all times indemnify the Minister, his following occur: officers, employees, contractors and agents from and against all 15.4.1 the licensee is unable to pay its debts as and claims, demands, actions, judgments, proceedings, damages, losses, when they fall due or is otherwise insolvent; costs, charges and expenses in respect of any loss of life, personal injury and/or damage to property caused or suffered in any 15.4.2 an order is made for the winding up or manner in or about the site. liquidation of the licensee; 11. Release 15.4.3 the licensee enters into a scheme of arrangement, compromise, moratorium or The licensee must use and keep the site at the risk in all things other form of composition with its creditors of the licensee and the licensee must release to the full extent or any class of its creditors; permitted by law the Minister, his agents, contractors and servants in the absence of any wilful act, omission, default or 15.4.4 a receiver, a manager or a receiver and neglect on their part from all claims and demands of every kind manager, a company administrator or other resulting from any accident damage or injury to persons or insolvency administrator is appointed to the property occurring at the site, including loss or damage to the licensee; or licensee’s fixtures or personal property of the licensee. 15.4.5 a mortgagee, chargee or other encum- 12. Public Risk Insurance brancee is appointed over or takes possession of or appoints an agent to take The licensee shall at its own cost and expense during the term possession of all or any of the licensee’s effect and keep in full force and effect in respect of the site and assets; or the permitted use a policy of public risk insurance in the joint names of the licensee and the Minister in which the limits of 15.5 if the licensee is an individual, the licensee: public risk shall not be less than the amount specified in Item 2 of 15.5.1 becomes bankrupt or assigns its estate or Schedule 3 of this licence, or such further amount as the Minister enters into a deed of arrangement or other may from time to time reasonably require, as the amount which form of composition for the benefit of the may be paid out in respect of any one single claim and a policy of licensee’s creditors; or insurance or copy thereof or a certificate of insurance shall be produced by the licensee to the Minister on request in writing 15.5.2 is convicted of an indictable offence. being made by the Minister for its production. Termination of this licence by the Minister shall be 13. Guarantee or Indemnity Scheme without prejudice to any rights, remedies or actions that the Minister may have against the licensee in The licensee must either: respect of any antecedent breach by the licensee of 13.1 provide a guarantee from its bankers; or the terms and conditions contained in this licence. 13.2 contribute to an indemnity scheme established for 16. Interpretation the aquaculture and fisheries industry and approved by Subject to any inconsistency of subject or context, the the Minister, following rules of construction shall be used in the interpretation to and in favour of and for the benefit of the Minister by way of of this licence: security for the due and punctual performance by the licensee of 16.1 any word importing the plural includes the singular the terms and conditions of this licence and in particular the and vice versa; obligations of the licensee to rehabilitate the site immediately prior to the expiration or sooner determination of the term of 16.2 any wording importing a gender shall include all this licence. Such guarantee or indemnity scheme must have other genders; effect from the date of commencement of the term. 16.3 a reference to a body corporate shall include a 14. No Assignment natural person and vice versa; The licensee acknowledges that this licence is personal and it 16.4 a reference to a recital, party, clause, Schedule or must not assign or sublet or deal in any other way with any Annexure is a reference to a recital, party, clause, interest in this licence. Schedule or Annexure of this licence; 15. Default by Licensee and Termination 16.5 the captions, headings, section numbers and clause numbers appearing in this licence are inserted only as The Minister may terminate this licence immediately by notice a matter of convenience and in no way affect the in writing served on the licensee if: construction of this licence; 15.1 the licensee commits or permits any breach or 16.6 a reference to a statute shall include all statutes default of the obligations imposed on the licensee by amending, consolidating or replacing the statutes this licence, and following the giving by the Minister referred to; of written notice of such breach or default, the licensee either fails to rectify such breach or default 16.7 where two or more persons are named as licensees, within one calendar month of the date of such notice this licence shall bind the licensees jointly and each of (or them severally; and 16.8 time is of the essence in respect of any obligation relating to time in this licence. 2264 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

17. Delegation SCHEDULE 1 Any consent, notice, any consultation or any other thing Item 1—The Site which is pursuant to the terms of this licence either required to be Area applicable to this licence: given, done or performed or which may be given, done or performed by the Minister may for the purposes of this licence be Licensed Area Licensed properly given, done or performed by any duly authorised agent Hectares or employee of the Minister. AGD 66—Zone 53 18. Severance 424047E 6374260N 10 424416E 6374240N If any term or condition of this licence should be for any 424416E 6374050N reason unlawful, void, invalid or unenforceable then the offending 424179E 6374060N term or condition shall be severed from this licence without 424179E 6373894N affecting the validity or enforceability of the remainder of this 424001E 6373862N licence. All structures, equipment, buoys and flotations (except for that 19. Modification required by the Department for Transport, Urban Planning and No variation of or addition to any provision of this licence the Arts) must be black, dark grey, dark blue, dark brown, or dark shall be binding upon the Minister and the licensee unless such green coloured materials. variation or addition is made in writing, signed by both the The boundary of the site to be marked either with: Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. (a) (1) At the corners with posts extending 900 mm above mean high water springs. Such posts to be marked 20. Waiver with a St Andrews cross, each cross arm measuring 20.1 A waiver of any provision of this licence by the 900 mm from tip to tip, minimum width 75 mm. Minister must both be in writing and be signed by the (2) Posts to be not less than 125 mm in diameter. Minister or by persons duly authorised to execute such a document on the Minister’s part. (3) Posts and crosses to be painted yellow. 20.2 No waiver by the Minister of a breach of a term or (4) The ends of each cross to be marked with a condition contained in this licence shall operate as a 200 mm strip of yellow retro-reflective tape. waiver of any breach of the same or any other term (5) Between the corner posts at intervals not exceeding or condition contained in this licence. 50 m, buoys not less than 300 mm in diameter. 20.3 No forbearance, delay or indulgence by the Minister (6) All buoys, posts, crosses and markers must be in enforcing the provisions of this licence shall maintained in good condition. prejudice or restrict the rights of the Minister. or 21. Notices (b) (1) At each corner, yellow spar buoys with a St 21.1 Notices may be served by delivering the same Andrews cross as a top mark placed at least personally, by mail or facsimile transmission and shall 900 mm above the buoy, cross arms 900 mm long x be: 75 mm wide. 21.1.1 in writing addressed to the Director of (2) The buoys and topmarks must all be coloured Fisheries, PIRSA, 16th Floor, 25 Grenfell yellow and marked with a yellow retro-reflective as Street, Adelaide, S.A. 5000 (in the case of in (a) (4). the Minister) and to the address of the licensee set out above (in the case of the (3) 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 When the site is in navigable water and possible danger to person duly authorised in that regard by the navigation, lights must be placed on the top of each St Andrews sender; cross that is located at each corner of the site and these lights must be yellow in colour and flashing once every 4 seconds and 21.1.3 deemed to be duly served or made in the visible over an arc of 360 degrees for a distance of at least one following circumstances: mile. (a) if delivered, upon delivery; Item 2—Marked-Off Areas (b) if sending by mail, upon posting; [Co-ordinates of developed areas within the site to be provided (c) if sent by facsimile transmission, upon by the licensee.] the sender’s facsimile producing a White buoys of at least 12 inches in diameter must be placed transmission report that the facsimile around the whole of the perimeter of the developed areas within was satisfactorily sent in its entirety to the site at a distance of no less than 50 m from one another. the addressee’s facsimile number, SCHEDULE 2 but if delivery is not made before 5 p.m. on any day it shall be deemed to be received at Item 1¾Permitted Species 9 a.m. on the next day in that place. The Director of Fisheries has, pursuant to section 50 (2) of the 21.2 The Minister and the licensee may each vary their Act, issued a permit for the release of the fish specified in this address or facsimile number at any time by written Schedule. notice. Pacific Oysters (Crassostrea gigas) Granted on behalf of the Minister by Director of Fisheries, Item 2¾Permitted Farming Methods delegate of the Minister, on 4 November 1999. The Director of Fisheries has, pursuant to section 48G (2) of G. R. MORGAN, Director of Fisheries the Act, issued a permit to disturb the seabed for the purpose of The licensee hereby acknowledges and agrees to the terms and installing the structures specified in this Schedule. conditions of this licence. Longlines The Common Seal of R. Brown Enterprises 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.) R. W. BROWN, Director 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2265

Item 3¾Stocking Rates structures not to be installed on the seabed itself) for the period Oysters commencing 1 July 1999 and ending upon the expiration or earlier termination of Marine Mollusc Farming Licence Number Size (mm) Number per Hectare FM00013, issued pursuant to section 53 of the Fisheries Act 3 2 500 000 1982. 10 1 600 000 SCHEDULE 1 20 1 100 000 30 750 000 Item 1—Location Co-ordinates 40 500 000 Licensed Area Licensed 50 350 000 Hectares 60 200 000 AGD 66—Zone 53 70 150 000 424047E 6374260N 10 80 100 000 424416E 6374240N SCHEDULE 3 424416E 6374050N Item 1—Fees 424179E 6374060N 424179E 6373894N $ 424001E 6373862N Annual licence fees are: Item 2—Structures to be installed FRDC levy 10 at $12.50 each ...... 125.00 EMP fee 10 at $22.96 each...... 229.60 Longlines Base Licence Fee 10 at $57 each...... 570.00 Each unit must not exceed 100 m in length and 2 m in width SASQAP (Classified Area) per hectare10 at and each unit must be at least 6 m from any other unit. $60 each...... 600.00 Total Annual Licence Fee ...... 1 524.60 Dated 4 November 1999. Quarterly Instalments...... 381.15 G. R. MORGAN, Director of Fisheries Item 2—Public Risk Insurance FISHERIES ACT 1982: SECTION 50 (2) Five million dollars ($5 000 000). TAKE notice that pursuant to section 50 (2) of the Fisheries Act SCHEDULE 4 1982, I hereby authorise R. Brown Enterprises Pty Ltd, 101 Returns Wells Street, Streaky Bay, S.A. 5680 (hereinafter referred to as the ‘permit holder’) to engage in the activities and to do the acts The licensee must submit the following information to the specified in Schedule 1, subject to the conditions specified in Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 Schedule 2 from the date of this permit ending upon the Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and expiration or earlier termination of Licence Number FM00013. 31 July during the term of this licence: SCHEDULE 1 1. Name of licensee. The importation and release of Pacific Oysters, (Crassostrea 2. Address of licensee. gigas) within the waters defined by the following co-ordinates: 3. Species of fish farmed and held on the site. Licensed Area Licensed 4. Location of aquaculture operation. Hectares AGD 66—Zone 53 5. Period covered by return. 424047E 6374260N 10 6. Number of life stage of each species of fish held. 424416E 6374240N 7. Number, weight and value of each species of fish held. 424416E 6374050N 424179E 6374060N 8. Details of any disease detected in any fish kept. 424179E 6373894N 9. Source (whether interstate or intrastate) of any stock 424001E 6373862N acquired and date of acquisition (if relevant, include name SCHEDULE 2 of authority that provided certification that stock was free from disease). 1. Fish obtained within South Australia for use in the fish farm shall only be obtained from registered fish farmers, licensed 10. If any fish were brought into the state, the number of fishers or other persons approved by the Director of Fisheries. fish and the life stage of the fish. 2. The permit holder shall not import any live fish (ova, fry or 11. If fish were brought into the state, the purpose for which adult) into South Australia unless the shipment has certification they were brought in. from an appropriate authority in the State from which they are 12. Method of disposal of water and packaging use for obtained that they are free from all relevant notifiable diseases transporting the fish. listed in Schedule 4 of the Fisheries (Exotic Fish, Fish Farming and Fish Diseases) Regulations 1984. 13. If any disease or symptom of disease occurred in the acquired fish. 3. Any oysters brought into South Australia must undergo a soakage process whereby they are completely submerged in fresh 14. Method of disposal of diseased or dead fish and the water for a period of not less than 2 hours before being placed in number disposed of. the approved structures. Fresh water is deemed to be water 15. Signature, date and telephone number. suitable for human consumption or horticultural or agricultural use. 16. Use of any chemicals for fish husbandry—type of chemical and quantity used, purpose and date of use. 4. The permit holder shall not contravene or fail to comply with the Fisheries Act 1982, or any regulations made under the Act, except where specifically permitted by this notice. FISHERIES ACT 1982: SECTION 48G (2) 5. The permit holder must retain the copy of this permit which TAKE notice that pursuant to section 48G (2) of the Fisheries has been supplied by the Director of Fisheries, and if requested by Act 1982, I hereby authorise R. Brown Enterprises Pty Ltd, 101 a Fisheries and Aquaculture Officer, produce that permit for Wells Street, Streaky Bay, S.A. 5680 (hereinafter referred to as inspection. the ‘permit holder’) to disturb the seabed of the site specified in Dated 4 November 1999. Item 1 of the Schedule for the purpose only of installing the structures specified in Item 2 of the Schedule in accordance with G. R. MORGAN, Director of Fisheries Marine Mollusc Farming Licence Number FM00013 (such 2266 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

FISHERIES ACT 1982 6.2 must remove and lawfully dispose of any waste or debris on the site as soon as is reasonably practicable and in MARINE MOLLUSC FARMING LICENCE FM00033 particular must comply with any guidelines issued from (PREVIOUS LICENCE NO. F531) 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 Richard T. Baker (12200) purposes of inspecting the site, the sea floor and the Margaret A. Baker (14568) flora and fauna on or in the vicinity of the site; and 46 Lincoln Highway, Cowell, S.A. 5602, 7.2 must comply with all reasonable directions of any such person authorised by the Director of Fisheries to inspect a non-exclusive licence to occupy and use the waters specified in the conduct of the licensee’s activities at the site. Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of farming and taking the permitted species (‘the permitted use’) for 8. Fees and Returns the period commencing on 1 July 1999 and ending, subject to any The licensee: earlier termination under this licence, on 30 June 2000 (‘the term’) subject to the following terms and conditions: 8.1 must pay to the Minister the licence fee in accordance with Item l of Schedule 3 of this licence; CONDITIONS OF THIS LICENCE 1. Licence 8.2 must on or before 31 January and 31 July during the term, submit to the Minister a return supplying all of The parties acknowledge and agree that: the information described in Schedule 4 of this licence. 1.1 the rights, powers and privileges granted to or vested in 9. Compliance With Relevant Laws the licensee under this licence are contractual only and shall not create or vest in the licensee any estate, 9.1 the licensee must at all times comply with all laws, by- interest or right of a proprietary nature in the site; and laws or regulations in force which relate to the site or the activities conducted in the site and with all notices, 1.2 that, subject to section 53A of the Fisheries Act 1982, orders or requirements lawfully given or made by any this licence does not entitle the licensee to exclusive authority or authorities in respect of the site; rights of entry to and occupation of the site and that the rights granted by this licence are exercisable by the 9.2 in particular, without derogating from the general licensee in common with any other occupiers of the site requirement under condition 9 of this licence: from time to time. 9.2.1 the licensee must not do or permit to be done in 2. Marked-off Areas upon or about the site anything which in the opinion of the Minister would cause or contribute For the purposes of section 53A of the Fisheries Act 1982, the to the degradation or pollution of any coastal marked-off areas within the site is that area or those areas land or the surrounding marine environment; and marked-off or indicated in the manner set out in Item 2 of Schedule 1 of this licence. 9.2.2 in the event that the Minister is satisfied, on reasonable grounds, that the fish taken from the 3. Permitted Species waters are not fit for human consumption or that The licensee: consumption of fish taken from the waters could present a danger to the health of the consumer, 3.1 must not farm or introduce any species at the site other the licensee must, in accordance with a written than the permitted species; and notice from the Minister, cease or suspend the 3.2 must not take any wild fish from the site except for conduct of the permitted use or else conduct the recreational purposes. permitted use as directed within the notice. 4. Permitted Use 10. Public Risk Liability The licensee must not use the site for any purpose other than The licensee must at all times indemnify the Minister, his the permitted use. officers, employees, contractors and agents from and against all 5. Permitted Methods claims, demands, actions, judgments, proceedings, damages, losses, costs, charges and expenses in respect of any loss of life, personal The licensee: injury and/or damage to property caused or suffered in any 5.1 must not stock the permitted species at a rate greater manner in or about the site. than that specified in Schedule 2 of this licence; 11. Release 5.2 must not use the anti-fouling chemical tributyltin (TBT) The licensee must use and keep the site at the risk in all things on any equipment used at the site; of the licensee and the licensee must release to the full extent 5.3 must not use any chemical or drug for either therapeutic permitted by law the Minister, his agents, contractors and or prophylactic purpose except with the prior approval servants in the absence of any wilful act, omission, default or of the Minister; neglect on their part from all claims and demands of every kind resulting from any accident damage or injury to persons or 5.4 must apply the permitted farming methods set out in property occurring at the site, including loss or damage to the Item 2 of Schedule 2 of this licence. licensee’s fixtures or personal property of the licensee. 6. Marking and Maintaining the Site 12. Public Risk Insurance The licensee: The licensee shall at its own cost and expense during the term 6.1 must ensure that the site is maintained in a good, tidy effect and keep in full force and effect in respect of the site and and safe condition to the satisfaction of the Minister; the permitted use a policy of public risk insurance in the joint names of the licensee and the Minister in which the limits of 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2267 public risk shall not be less than the amount specified in Item 2 of 15.5 if the licensee is an individual, the licensee: Schedule 3 of this licence, or such further amount as the Minister 15.5.1 becomes bankrupt or assigns its estate or may from time to time reasonably require, as the amount which enters into a deed of arrangement or other may be paid out in respect of any one single claim and a policy of form of composition for the benefit of the insurance or copy thereof or a certificate of insurance shall be licensee’s creditors; or produced by the licensee to the Minister on request in writing being made by the Minister for its production. 15.5.2 is convicted of an indictable offence. 13. Guarantee or Indemnity Scheme Termination of this licence by the Minister shall be without prejudice to any rights, remedies or actions The licensee must either: that the Minister may have against the licensee in 13.1 provide a guarantee from its bankers; or respect of any antecedent breach by the licensee of 13.2 contribute to an indemnity scheme established for the terms and conditions contained in this licence. the aquaculture and fisheries industry and approved by 16. Interpretation the Minister, Subject to any inconsistency of subject or context, the to and in favour of and for the benefit of the Minister by way of following rules of construction shall be used in the interpretation security for the due and punctual performance by the licensee of of this licence: the terms and conditions of this licence and in particular the 16.1 any word importing the plural includes the singular obligations of the licensee to rehabilitate the site immediately and vice versa; prior to the expiration or sooner determination of the term of this licence. Such guarantee or indemnity scheme must have 16.2 any wording importing a gender shall include all effect from the date of commencement of the term. other genders; 14. No Assignment 16.3 a reference to a body corporate shall include a natural person and vice versa; The licensee acknowledges that this licence is personal and it must not assign or sublet or deal in any other way with any 16.4 a reference to a recital, party, clause, Schedule or interest in this licence. Annexure is a reference to a recital, party, clause, Schedule or Annexure of this licence; 15. Default by Licensee and Termination 16.5 the captions, headings, section numbers and clause The Minister may terminate this licence immediately by notice numbers appearing in this licence are inserted only as in writing served on the licensee if: a matter of convenience and in no way affect the 15.1 the licensee commits or permits any breach or construction of this licence; default of the obligations imposed on the licensee by 16.6 a reference to a statute shall include all statutes this licence, and following the giving by the Minister amending, consolidating or replacing the statutes of written notice of such breach or default, the referred to; licensee either fails to rectify such breach or default within one calendar month of the date of such notice 16.7 where two or more persons are named as licensees, (or earlier if the circumstances require) or fails to this licence shall bind the licensees jointly and each of make diligent progress towards rectifying any such them severally; and breach which is incapable of rectification within the 16.8 time is of the essence in respect of any obligation time so limited; or relating to time in this licence. 15.2 the licensee commits or permits any further breach 17. Delegation or default of the obligations imposed on the licensee by this licence for which the Minister has previously Any consent, notice, any consultation or any other thing given notice in writing of such breach or default which is pursuant to the terms of this licence either required to be pursuant to paragraph 1 of condition 15.1 notwith- given, done or performed or which may be given, done or standing rectification of the previous breach or performed by the Minister may for the purposes of this licence be default; or properly given, done or performed by any duly authorised agent or employee of the Minister. 15.3 the licence fee referred to in condition 8 is unpaid for a period of 14 days after notice has been given to 18. Severance the licensee that it is outstanding; or If any term or condition of this licence should be for any 15.4 if the licensee is a body corporate, any of the reason unlawful, void, invalid or unenforceable then the offending following occur: term or condition shall be severed from this licence without affecting the validity or enforceability of the remainder of this 15.4.1 the licensee is unable to pay its debts as and licence. when they fall due or is otherwise insolvent; 19. Modification 15.4.2 an order is made for the winding up or liquidation of the licensee; No variation of or addition to any provision of this licence shall be binding upon the Minister and the licensee unless such 15.4.3 the licensee enters into a scheme of variation or addition is made in writing, signed by both the arrangement, compromise, moratorium or Minister and the licensee and expressed to be either supplemental other form of composition with its creditors to or in substitution for the whole or a part of this licence. or any class of its creditors; 20. Waiver 15.4.4 a receiver, a manager or a receiver and 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 a document on the Minister’s part. 15.4.5 a mortgagee, chargee or other encum- 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. 2268 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

20.3 No forbearance, delay or indulgence by the Minister 900 mm above the buoy, cross arms 900 mm long x in enforcing the provisions of this licence shall 75 mm wide. prejudice or restrict the rights of the Minister. (2) The buoys and topmarks must all be coloured 21. Notices yellow and marked with a yellow retro-reflective as (a) 21.1 Notices may be served by delivering the same in (4). personally, by mail or facsimile transmission and shall (3) All buoys, posts, crosses and markers must be be: maintained in good condition. 21.1.1 in writing addressed to the Director of When the site is in navigable water and possible danger to Fisheries, PIRSA, 16th Floor, 25 Grenfell navigation, lights must be placed on the top of each St Andrews Street, Adelaide, S.A. 5000 (in the case of cross that is located at each corner of the site and these lights the Minister) and to the address of the must be yellow in colour and flashing once every 4 seconds and licensee set out above (in the case of the visible over an arc of 360 degrees for a distance of at least one licensee); mile. 21.1.2 signed by or on behalf of the sender or by a Item 2—Marked-Off Areas person duly authorised in that regard by the [Co-ordinates of developed areas within the site to be provided sender; by the licensee.] 21.1.3 deemed to be duly served or made in the White buoys of at least 12 inches in diameter must be placed following circumstances: around the whole of the perimeter of the developed areas within (a) if delivered, upon delivery; the site at a distance of no less than 50 m from one another. (b) if sending by mail, upon posting; SCHEDULE 2 (c) if sent by facsimile transmission, upon Item 1¾Permitted Species the sender’s facsimile producing a The Director of Fisheries has, pursuant to section 50 (2) of the transmission report that the facsimile Act, issued a permit for the release of the fish specified in this was satisfactorily sent in its entirety to Schedule. the addressee’s facsimile number, Native Oysters (Ostrea angasi) 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 9 November 1999. Longlines G. R. MORGAN, Director of Fisheries Each unit must not exceed 100 m in length and 2 m in width, The licensee hereby acknowledges and agrees to the terms and and each unit must be at lease 5 m from any other unit. conditions of this licence. Item 3¾Stocking Rates Signed by the said R. T. BAKER Oysters In the presence of: E. R. DAWES, Witness Size (mm) Number per Hectare SCHEDULE 1 3 2 500 000 Item 1—The Site 10 1 600 000 20 1 100 000 Area applicable to this licence: 30 750 000 Licensed Area Licensed 40 500 000 Hectares 50 350 000 AGD 66—Zone 53 60 200 000 676849E 6267071N 5 70 150 000 677101E 6267381N 80 100 000 677183E 6267322N SCHEDULE 3 677057E 6267167N Item 1—Fees 677097E 6267140N 677973E 6266983N Annual licence fees are: All structures, equipment, buoys and flotations (except for that $ required by the Department for Transport, Urban Planning and FRDC Levy per hectare 5 at $12.50...... 62.50 the Arts) must be black, dark grey, dark blue, dark brown, or dark EMP Fee per hectare 5 at $22.96 each...... 114.80 green coloured materials. Base Licence Fee per hectare 5 at $57 each...... 285.00 SASQAP (Classified Area) per hectare 5 at $60 each ..... 300.00 The boundary of the site to be marked either with: Total Annual Licence Fee...... 762.30 (a) (1) At the corners with posts extending 900 mm above mean high water springs. Such posts to be marked Quarterly Instalments...... 190.58 with a St Andrews cross, each cross arm measuring Item 2—Public Risk Insurance 900 mm from tip to tip, minimum width 75 mm. Five million dollars ($5 000 000). (2) Posts to be not less than 125 mm in diameter. SCHEDULE 4 (3) Posts and crosses to be painted yellow. Returns (4) The ends of each cross to be marked with a The licensee must submit the following information to the 200 mm strip of yellow retro-reflective tape. 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 4. Location of aquaculture operation. Andrews cross as a top mark placed at least 5. Period covered by return. 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2269

6. Number of life stage of each species of fish held. 677097E 6267140N 7. Number, weight and value of each species of fish held. 676973E 6266983N 8. Details of any disease detected in any fish kept. SCHEDULE 2 9. Source (whether interstate or intrastate) of any stock 1. Fish obtained within South Australia for use in the fish farm acquired and date of acquisition (if relevant, include name shall only be obtained from registered fish farmers, licensed of authority that provided certification that stock was fishers or other persons approved by the Director of Fisheries. free from disease). 2. The permit holder shall not import any live fish (ova, fry or 10. If any fish were brought into the state, the number of adult) into South Australia unless the shipment has certification fish and the life stage of the fish. from an appropriate authority in the State from which they are obtained that they are free from all relevant notifiable diseases 11. If fish were brought into the state, the purpose for which listed in Schedule 4 of the Fisheries (Exotic Fish, Fish Farming they were brought in. and Fish Diseases) Regulations 1984. 12. Method of disposal of water and packaging use for 3. Any oysters brought into South Australia must undergo a transporting the fish. soakage process whereby they are completely submerged in fresh 13. If any disease or symptom of disease occurred in the water for a period of not less than 2 hours before being placed in acquired fish. the approved structures. Fresh water is deemed to be water suitable for human consumption or horticultural or agricultural 14. Method of disposal of diseased or dead fish and the use. number disposed of. 4. The permit holder shall not contravene or fail to comply 15. Signature, date and telephone number. with the Fisheries Act 1982, or any regulations made under the 16. Use of any chemicals for fish husbandry—type of Act, except where specifically permitted by this notice. chemical and quantity used, purpose and date of use. 5. The permit holder must retain the copy of this permit which has been supplied by the Director of Fisheries, and if requested by a Fisheries and Aquaculture Officer, produce that permit for FISHERIES ACT 1982: SECTION 48G (2) inspection. TAKE notice that pursuant to section 48G (2) of the Fisheries Dated 9 November 1999. Act 1982, I hereby authorise Richard T. Baker and Margaret A. Baker, 46 Lincoln Highway, Cowell, S.A. 5602 (hereinafter G. R. MORGAN, Director of Fisheries referred to as the ‘permit holder’) to disturb the seabed of the site specified in Item 1 of the Schedule for the purpose only of installing the structures specified in Item 2 of the Schedule in FISHERIES ACT 1982 accordance with Marine Mollusc Farming Licence Number MARINE MOLLUSC FARMING LICENCE FM00057 FM00033 (such structures not to be installed on the seabed itself) (PREVIOUS LICENCE NO. F713) for the period commencing 1 July 1999 and ending upon the Licence to Farm Fish under section 53 of the Fisheries expiration or earlier termination of Marine Mollusc Farming Act 1982 Licence Number FM00033, issued pursuant to section 53 of the Fisheries Act 1982. WHEREAS the Director of Fisheries has, pursuant to section 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to SCHEDULE 1 the undermentioned licensee to release the fish specified in Item 1—Location Co-ordinates Item 1 of Schedule 2 of this licence (‘the permitted species’) and, Licensed Area Licensed pursuant to section 48G (2) of the Act, the Director of Fisheries Hectares has also issued a permit to disturb the seabed for the purpose of AGD 66—Zone 53 installing structures necessary for the licensed activity at the undermentioned site, the Minister for Primary Industries, Natural 676849E 6267071N 5 Resources and Regional Development (‘the Minister’) hereby 677101E 6267381N grants to: 677183E 6267322N 677057E 6267167N TJN Oysters (12183) 677097E 6267140N Denton Street 676973E 6266983N Smoky Bay, S.A. 5680, Item 2—Structures to be installed a non-exclusive licence to occupy and use the waters specified in Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of Racks farming and taking the permitted species (‘the permitted use’) for Longlines the period commencing on 1 July 1999 and ending, subject to any Each unit must not exceed 100 m in length and 2 m in width earlier termination under this licence, on 30 June 1999 (‘the and each unit must be at least 6 m from any other unit. term’) subject to the following terms and conditions: Dated 9 November 1999. CONDITIONS OF THIS LICENCE 1. Licence G. R. MORGAN, Director of Fisheries The parties acknowledge and agree that: FISHERIES ACT 1982: SECTION 50 (2) 1.1 the rights, powers and privileges granted to or vested in TAKE notice that pursuant to section 50 (2) of the Fisheries Act the licensee under this licence are contractual only and 1982, I hereby authorise Richard T. Baker and Margaret A. shall not create or vest in the licensee any estate, Baker, 46 Lincoln Highway, Cowell, S.A. 5602 (hereinafter interest or right of a proprietary nature in the site; and referred to as the ‘permit holder’) to engage in the activities and 1.2 that, subject to section 53A of the Fisheries Act 1982, to do the acts specified in Schedule 1, subject to the conditions this licence does not entitle the licensee to exclusive specified in Schedule 2 from the date of this permit ending upon rights of entry to and occupation of the site and that the expiration or earlier termination of Licence Number the rights granted by this licence are exercisable by the FM00033. licensee in common with any other occupiers of the site from time to time. SCHEDULE 1 Marked-off Areas The importation and release of Pacific Oysters, (Crassostrea 2. gigas) within the waters defined by the following co-ordinates: For the purposes of section 53A of the Fisheries Act 1982, the Licensed Area Licensed marked-off areas within the site is that area or those areas Hectares marked-off or indicated in the manner set out in Item 2 of AGD 66—Zone 53 Schedule 1 of this licence. 676849E 6267071N 5 3. Permitted Species 677101E 6267381N The licensee: 677183E 6267322N 677057E 6267167N 3.1 must not farm or introduce any species at the site other than the permitted species; and 2270 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

3.2 must not take any wild fish from the site except for 9.2.1 the licensee must not do or permit to be done in recreational purposes. upon or about the site anything which in the 4. Permitted Use opinion of the Minister would cause or contribute to the degradation or pollution of any coastal The licensee must not use the site for any purpose other than land or the surrounding marine environment; and the permitted use. 9.2.2 in the event that the Minister is satisfied, on 5. Permitted Methods 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 5.1 must not stock the permitted species at a rate greater present a danger to the health of the consumer, than that specified in Schedule 2 of this licence; the licensee must, in accordance with a written 5.2 must not use the anti-fouling chemical tributyltin (TBT) notice from the Minister, cease or suspend the on any equipment used at the site; conduct of the permitted use or else conduct the permitted use as directed within the notice. 5.3 must not use any chemical or drug for either therapeutic or prophylactic purpose except with the prior approval 10. Public Risk Liability of the Minister; The licensee must at all times indemnify the Minister, his 5.4 must apply the permitted farming methods set out in officers, employees, contractors and agents from and against all Item 2 of Schedule 2 of this licence. claims, demands, actions, judgments, proceedings, damages, losses, costs, charges and expenses in respect of any loss of life, personal 6. Marking and Maintaining the Site injury and/or damage to property caused or suffered in any The licensee: manner in or about the site. 6.1 must ensure that the site is maintained in a good, tidy 11. Release and safe condition to the satisfaction of the Minister; The licensee must use and keep the site at the risk in all things 6.2 must remove and lawfully dispose of any waste or debris of the licensee and the licensee must release to the full extent on the site as soon as is reasonably practicable and in permitted by law the Minister, his agents, contractors and particular must comply with any guidelines issued from servants in the absence of any wilful act, omission, default or time to time by the Minister in relation to the removal neglect on their part from all claims and demands of every kind from the site of any unhealthy or dead fish; resulting from any accident damage or injury to persons or property occurring at the site, including loss or damage to the 6.3 must maintain all buoys, crosses, and markers on the site licensee’s fixtures or personal property of the licensee. in good condition and in accordance with the colours specified in Schedule 1 of this licence; and 12. Public Risk Insurance 6.4 must mark the site boundary in accordance with the The licensee shall at its own cost and expense during the term specifications in Schedule 1 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 7. Site Inspection and Supervision 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 7.1 must at all times permit the Minister, his employees, may from time to time reasonably require, as the amount which agents or contractors or any employees, agents or may be paid out in respect of any one single claim and a policy of contractors of the Crown to enter the site for the insurance or copy thereof or a certificate of insurance shall be purposes of inspecting the site, the sea floor and the produced by the licensee to the Minister on request in writing flora and fauna on or in the vicinity of the site; and being made by the Minister for its production. 7.2 must comply with all reasonable directions of any such 13. Guarantee or Indemnity Scheme person authorised by the Director of Fisheries to inspect the conduct of the licensee’s activities at the site. The licensee must either: 8. Fees and Returns 13.1 provide a guarantee from its bankers; or The licensee: 13.2 contribute to an indemnity scheme established for the aquaculture and fisheries industry and approved by 8.1 must pay to the Minister the licence fee in accordance the Minister, with Item l of Schedule 3 of this licence; to and in favour of and for the benefit of the Minister by way of 8.2 must on or before 31 January and 31 July during the security for the due and punctual performance by the licensee of term, submit to the Minister a return supplying all of the terms and conditions of this licence and in particular the the information described in Schedule 4 of this licence. obligations of the licensee to rehabilitate the site immediately 9. Compliance With Relevant Laws prior to the expiration or sooner determination of the term of 9.1 the licensee must at all times comply with all laws, by- this licence. Such guarantee or indemnity scheme must have laws or regulations in force which relate to the site or effect from the date of commencement of the term. the activities conducted in the site and with all notices, 14. No Assignment orders or requirements lawfully given or made by any The licensee acknowledges that this licence is personal and it authority or authorities in respect of the site; must not assign or sublet or deal in any other way with any 9.2 in particular, without derogating from the general interest in this licence. requirement under condition 9 of this licence: 15. Default by Licensee and Termination The Minister may terminate this licence immediately by notice in writing served on the licensee if: 15.1 the licensee commits or permits any breach or default of the obligations imposed on the licensee by this licence, and following the giving by the Minister of written notice of such breach or default, the licensee either fails to rectify such breach or default within one calendar month of the date of such notice (or earlier if the circumstances require) or fails to make diligent progress towards rectifying any such breach which is incapable of rectification within the time so limited; or 15.2 the licensee commits or permits any further breach or default of the obligations imposed on the licensee by this licence for which the Minister has previously given notice in writing of such breach or default 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2271

pursuant to paragraph 1 of condition 15.1 notwith- 17. Delegation standing rectification of the previous breach or Any consent, notice, any consultation or any other thing default; or which is pursuant to the terms of this licence either required to be 15.3 the licence fee referred to in condition 8 is unpaid given, done or performed or which may be given, done or for a period of 14 days after notice has been given to performed by the Minister may for the purposes of this licence be the licensee that it is outstanding; or properly given, done or performed by any duly authorised agent 15.4 if the licensee is a body corporate, any of the or employee of the Minister. following occur: 18. Severance 15.4.1 the licensee is unable to pay its debts as and If any term or condition of this licence should be for any when they fall due or is otherwise insolvent; reason unlawful, void, invalid or unenforceable then the offending 15.4.2 an order is made for the winding up or term or condition shall be severed from this licence without liquidation of the licensee; affecting the validity or enforceability of the remainder of this licence. 15.4.3 the licensee enters into a scheme of Modification arrangement, compromise, moratorium or 19. other form of composition with its creditors No variation of or addition to any provision of this licence or any class of its creditors; shall be binding upon the Minister and the licensee unless such 15.4.4 a receiver, a manager or a receiver and variation or addition is made in writing, signed by both the manager, a company administrator or other Minister and the licensee and expressed to be either supplemental insolvency administrator is appointed to the to or in substitution for the whole or a part of this licence. licensee; or 20. Waiver 15.4.5 a mortgagee, chargee or other encum- 20.1 A waiver of any provision of this licence by the brancee is appointed over or takes Minister must both be in writing and be signed by the possession of or appoints an agent to take Minister or by persons duly authorised to execute such possession of all or any of the licensee’s a document on the Minister’s part. assets; or 20.2 No waiver by the Minister of a breach of a term or 15.5 if the licensee is an individual, the licensee: condition contained in this licence shall operate as a 15.5.1 becomes bankrupt or assigns its estate or waiver of any breach of the same or any other term enters into a deed of arrangement or other or condition contained in this licence. form of composition for the benefit of the 20.3 No forbearance, delay or indulgence by the Minister licensee’s creditors; or in enforcing the provisions of this licence shall 15.5.2 is convicted of an indictable offence. prejudice or restrict the rights of the Minister. Notices Termination of this licence by the Minister shall be 21. without prejudice to any rights, remedies or actions 21.1 Notices may be served by delivering the same that the Minister may have against the licensee in personally, by mail or facsimile transmission and shall respect of any antecedent breach by the licensee of be: the terms and conditions contained in this licence. 21.1.1 in writing addressed to the Director of 16. Interpretation Fisheries, PIRSA, 16th Floor, 25 Grenfell Subject to any inconsistency of subject or context, the Street, Adelaide, S.A. 5000 (in the case of following rules of construction shall be used in the interpretation the Minister) and to the address of the of this licence: licensee set out above (in the case of the licensee); 16.1 any word importing the plural includes the singular and vice versa; 21.1.2 signed by or on behalf of the sender or by a person duly authorised in that regard by the 16.2 any wording importing a gender shall include all sender; other genders; 21.1.3 deemed to be duly served or made in the 16.3 a reference to a body corporate shall include a following circumstances: natural person and vice versa; (a) if delivered, upon delivery; 16.4 a reference to a recital, party, clause, Schedule or (b) Annexure is a reference to a recital, party, clause, if sending by mail, upon posting; Schedule or Annexure of this licence; (c) if sent by facsimile transmission, upon 16.5 the captions, headings, section numbers and clause the sender’s facsimile producing a numbers appearing in this licence are inserted only as transmission report that the facsimile a matter of convenience and in no way affect the was satisfactorily sent in its entirety to construction of this licence; the addressee’s facsimile number, 16.6 a reference to a statute shall include all statutes but if delivery is not made before 5 p.m. on amending, consolidating or replacing the statutes any day it shall be deemed to be received at referred to; 9 a.m. on the next day in that place. 16.7 where two or more persons are named as licensees, 21.2 The Minister and the licensee may each vary their this licence shall bind the licensees jointly and each of address or facsimile number at any time by written them severally; and notice. 16.8 time is of the essence in respect of any obligation Granted on behalf of the Minister by Director of Fisheries, relating to time in this licence. delegate of the Minister, on 3 November 1999. G. R. MORGAN, Director of Fisheries The licensee hereby acknowledges and agrees to the terms and conditions of this licence. Signed by the said J. H. ETTRIDGE In the presence of: H. V. DODD, Witness 2272 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

SCHEDULE 1 Longlines Item 1—The Site Each unit must not exceed 100 m in length and 2 m in width, Area applicable to this licence: and each unit must be at least 6 m from any other unit. Item 3¾Stocking Rates Licensed Area Licensed Hectares Oysters AGD 66—Zone 53 Size (mm) Number per Hectare 395236E 6416872N 4.5 3 2 500 000 395342E 6416865N 10 1 600 000 395311E 6416441N 20 1 100 000 395206E 6416448N 30 750 000 All structures, equipment, buoys and flotations (except for that 40 500 000 required by the Department for Transport, Urban Planning and 50 350 000 the Arts) must be black, dark grey, dark blue, dark brown, or dark 60 200 000 green coloured materials. 70 150 000 The boundary of the site to be marked either with: 80 100 000 (a) (1) At the corners with posts extending 900 mm above SCHEDULE 3 mean high water springs. Such posts to be marked Item 1—Fees with a St Andrews cross, each cross arm measuring $ 900 mm from tip to tip, minimum width 75 mm. Annual licence fees are: (2) Posts to be not less than 125 mm in diameter. FRDC levy per hectare 4.5 at $12.50 each ...... 56.25 (3) Posts and crosses to be painted yellow. EMP fee per hectare 4.5 at $22.96 each...... 103.32 Base Licence Fee per hectare 4.5 at $57 each...... 256.50 (4) The ends of each cross to be marked with a SASQAP (Classified Area) per hectare 4.5 at 200 mm strip of yellow retro-reflective tape. $60 each ...... 270.00 (5) Between the corner posts at intervals not exceeding Total Annual Licence Fee...... 686.07 50 m, buoys not less than 300 mm in diameter. Quarterly Instalments...... 171.52 (6) All buoys, posts, crosses and markers must be Item 2—Public Risk Insurance maintained in good condition. Five million dollars ($5 000 000). or SCHEDULE 4 (b) (1) At each corner, yellow spar buoys with a St Andrews cross as a top mark placed at least Returns 900 mm above the buoy, cross arms 900 mm long x The licensee must submit the following information to the 75 mm wide. Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 (2) The buoys and topmarks must all be coloured Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and yellow and marked with a yellow retro-reflective as 31 July during the term of this licence: in (a) (4). 1. Name of licensee. (3) All buoys, posts, crosses and markers must be 2. Address of licensee. maintained in good condition. 3. Species of fish farmed and held on the site. When the site is in navigable water and possible danger to navigation, lights must be placed on the top of each St Andrews 4. Location of aquaculture operation. cross that is located at each corner of the site and these lights 5. Period covered by return. must be yellow in colour and flashing once every 4 seconds and visible over an arc of 360 degrees for a distance of at least one 6. Number of life stage of each species of fish held. mile. 7. Number, weight and value of each species of fish held. Item 2—Marked-Off Areas 8. Details of any disease detected in any fish kept. [Co-ordinates of developed areas within the site to be provided 9. Source (whether interstate or intrastate) of any stock by the licensee.] acquired and date of acquisition (if relevant, include name White buoys of at least 12 inches in diameter must be placed of authority that provided certification that stock was around the whole of the perimeter of the developed areas within free from disease). the site at a distance of no less than 50 m from one another. 10. If any fish were brought into the state, the number of fish and the life stage of the fish. SCHEDULE 2 11. If fish were brought into the state, the purpose for which Item 1¾Permitted Species they were brought in. The Director of Fisheries has, pursuant to section 50 (2) of the 12. Method of disposal of water and packaging use for Act, issued a permit for the release of the fish specified in this transporting the fish. Schedule. 13. If any disease or symptom of disease occurred in the Pacific Oysters (Crassostrea gigas) acquired fish. Item 2¾Permitted Farming Methods 14. Method of disposal of diseased or dead fish and the The Director of Fisheries has, pursuant to section 48G (2) of number disposed of. the Act, issued a permit to disturb the seabed for the purpose of 15. Signature, date and telephone number. installing the structures specified in this Schedule. 16. Use of any chemicals for fish husbandry—type of chemical and quantity used, purpose and date of use. 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2273

FISHERIES ACT 1982: SECTION 48G (2) Licence to Farm Fish under section 53 of the Fisheries Act 1982 TAKE notice that pursuant to section 48G (2) of the Fisheries Act 1982, I hereby authorise TJN Oysters, Denton Street, Smoky WHEREAS the Director of Fisheries has, pursuant to section Bay, S.A. 5682 (hereinafter referred to as the ‘permit holder’) to 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to disturb the seabed of the site specified in Item 1 of the Schedule the undermentioned licensee to release the fish specified in for the purpose only of installing the structures specified in Item Item 1 of Schedule 2 of this licence (‘the permitted species’) and, 2 of the Schedule in accordance with Marine Mollusc Farming pursuant to section 48G (2) of the Act, the Director of Fisheries Licence Number FM00057, (such structures not to be installed on has also issued a permit to disturb the seabed for the purpose of the seabed itself) for the period commencing 1 July 1999 and installing structures necessary for the licensed activity at the ending upon the expiration or earlier termination of Marine undermentioned site, the Minister for Primary Industries, Natural Mollusc Farming Licence Number FM00057, issued pursuant to Resources and Regional Development (‘the Minister’) hereby section 53 of the Fisheries Act 1982. grants to: SCHEDULE 1 John Patrick Pedler and Wendy Joy Pedler, Item 1—Location Co-ordinates Section 120, Hundred of Wallanippie Licensed Area Licensed Smoky Bay, S.A. 5680, Hectares AGD 66—Zone 53 a non-exclusive licence to occupy and use the waters specified in Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of 395236E 6416872N 4.5 farming and taking the permitted species (‘the permitted use’) for 395342E 6416865 the period commencing on 1 July 1999 and ending, subject to any 395311E 6416441N earlier termination under this licence, on 30 June 2000 (‘the 395206E 6416448N term’) subject to the following terms and conditions: Item 2—Structures to be installed CONDITIONS OF THIS LICENCE Longlines 1. Licence Each unit must not exceed 100 m in length and 2 m in width The parties acknowledge and agree that: and each unit must be at least 6 m from any other unit. 1.1 the rights, powers and privileges granted to or vested in Dated 9 November 1999. the licensee under this licence are contractual only and G. R. MORGAN, Director of Fisheries shall not create or vest in the licensee any estate, interest or right of a proprietary nature in the site; and FISHERIES ACT 1982: SECTION 50 (2) 1.2 that, subject to section 53A of the Fisheries Act 1982, TAKE notice that pursuant to section 50 (2) of the Fisheries Act this licence does not entitle the licensee to exclusive 1982, I hereby authorise TJN Oysters, Denton Street, Smoky rights of entry to and occupation of the site and that Bay, S.A. 5680 (hereinafter referred to as the ‘permit holder’) to the rights granted by this licence are exercisable by the engage in the activities and to do the acts specified in Schedule 1, licensee in common with any other occupiers of the site subject to the conditions specified in Schedule 2 from the date of from time to time. this permit ending upon the expiration or earlier termination of 2. Marked-off Areas Licence Number FM00057. For the purposes of section 53A of the Fisheries Act 1982, the SCHEDULE 1 marked-off areas within the site is that area or those areas The importation and release of Pacific Oysters, (Crassostrea marked-off or indicated in the manner set out in Item 2 of gigas) within the waters defined by the following co-ordinates: Schedule 1 of this licence. Licensed Area Licensed 3. Permitted Species Hectares The licensee: AGD 66—Zone 53 3.1 must not farm or introduce any species at the site other 395236E 6416872N 4.5 than the permitted species; and 395342E 6416865N 395311E 6416441N 3.2 must not take any wild fish from the site except for 395206E 6416448N recreational purposes. SCHEDULE 2 4. Permitted Use 1. Fish obtained within South Australia for use in the fish farm The licensee must not use the site for any purpose other than shall only be obtained from registered fish farmers, licensed the permitted use. fishers or other persons approved by the Director of Fisheries. 5. Permitted Methods 2. The permit holder shall not import any live fish (ova, fry or The licensee: adult) into South Australia unless the shipment has certification from an appropriate authority in the State from which they are 5.1 must not stock the permitted species at a rate greater obtained that they are free from all relevant notifiable diseases than that specified in Schedule 2 of this licence; listed in Schedule 4 of the Fisheries (Exotic Fish, Fish Farming 5.2 must not use the anti-fouling chemical tributyltin (TBT) and Fish Diseases) Regulations 1984. on any equipment used at the site; 3. Any oysters brought into South Australia must undergo a 5.3 must not use any chemical or drug for either therapeutic soakage process whereby they are completely submerged in fresh or prophylactic purpose except with the prior approval water for a period of not less than 2 hours before being placed in of the Minister; the approved structures. Fresh water is deemed to be water suitable for human consumption or horticultural or agricultural 5.4 must apply the permitted farming methods set out in use. Item 2 of Schedule 2 of this licence. 4. The permit holder shall not contravene or fail to comply 6. Marking and Maintaining the Site with the Fisheries Act 1982, or any regulations made under the The licensee: Act, except where specifically permitted by this notice. 6.1 must ensure that the site is maintained in a good, tidy 5. The permit holder must retain the copy of this permit which and safe condition to the satisfaction of the Minister; has been supplied by the Director of Fisheries, and if requested by a Fisheries and Aquaculture Officer, produce that permit for inspection. Dated 9 November 1999. G. R. MORGAN, Director of Fisheries FISHERIES ACT 1982 MARINE MOLLUSC FARMING LICENCE FM00070 (PREVIOUS LICENCE NO. F731) 2274 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

6.2 must remove and lawfully dispose of any waste or debris public risk shall not be less than the amount specified in Item 2 of on the site as soon as is reasonably practicable and in Schedule 3 of this licence, or such further amount as the Minister particular must comply with any guidelines issued from may from time to time reasonably require, as the amount which time to time by the Minister in relation to the removal may be paid out in respect of any one single claim and a policy of from the site of any unhealthy or dead fish; insurance or copy thereof or a certificate of insurance shall be 6.3 must maintain all buoys, crosses, and markers on the site produced by the licensee to the Minister on request in writing in good condition and in accordance with the colours being made by the Minister for its production. specified in Schedule 1 of this licence; and 13. Guarantee or Indemnity Scheme 6.4 must mark the site boundary in accordance with the The licensee must either: specifications in Schedule 1 of this licence. 13.1 provide a guarantee from its bankers; or Site Inspection and Supervision 7. 13.2 contribute to an indemnity scheme established for The licensee: the aquaculture and fisheries industry and approved by 7.1 must at all times permit the Minister, his employees, the Minister, agents or contractors or any employees, agents or to and in favour of and for the benefit of the Minister by way of contractors of the Crown to enter the site for the security for the due and punctual performance by the licensee of purposes of inspecting the site, the sea floor and the the terms and conditions of this licence and in particular the flora and fauna on or in the vicinity of the site; and obligations of the licensee to rehabilitate the site immediately 7.2 must comply with all reasonable directions of any such prior to the expiration or sooner determination of the term of person authorised by the Director of Fisheries to inspect this licence. Such guarantee or indemnity scheme must have the conduct of the licensee’s activities at the site. effect from the date of commencement of the term. No Assignment 8. Fees and Returns 14. The licensee: The licensee acknowledges that this licence is personal and it must not assign or sublet or deal in any other way with any 8.1 must pay to the Minister the licence fee in accordance interest in this licence. with Item l of Schedule 3 of this licence; 15. Default by Licensee and Termination 8.2 must on or before 31 January and 31 July during the term, submit to the Minister a return supplying all of The Minister may terminate this licence immediately by notice the information described in Schedule 4 of this licence. in writing served on the licensee if: 9. Compliance With Relevant Laws 15.1 the licensee commits or permits any breach or default of the obligations imposed on the licensee by 9.1 the licensee must at all times comply with all laws, by- this licence, and following the giving by the Minister laws or regulations in force which relate to the site or of written notice of such breach or default, the the activities conducted in the site and with all notices, licensee either fails to rectify such breach or default orders or requirements lawfully given or made by any within one calendar month of the date of such notice authority or authorities in respect of the site; (or earlier if the circumstances require) or fails to 9.2 in particular, without derogating from the general make diligent progress towards rectifying any such requirement under condition 9 of this licence: breach which is incapable of rectification within the time so limited; or 9.2.1 the licensee must not do or permit to be done in upon or about the site anything which in the 15.2 the licensee commits or permits any further breach opinion of the Minister would cause or contribute or default of the obligations imposed on the licensee to the degradation or pollution of any coastal by this licence for which the Minister has previously land or the surrounding marine environment; and given notice in writing of such breach or default pursuant to paragraph 1 of condition 15.1 notwith- 9.2.2 in the event that the Minister is satisfied, on standing rectification of the previous breach or reasonable grounds, that the fish taken from the default; or waters are not fit for human consumption or that consumption of fish taken from the waters could 15.3 the licence fee referred to in condition 8 is unpaid present a danger to the health of the consumer, for a period of 14 days after notice has been given to the licensee must, in accordance with a written the licensee that it is outstanding; or notice from the Minister, cease or suspend the 15.4 if the licensee is a body corporate, any of the conduct of the permitted use or else conduct the following occur: permitted use as directed within the notice. 15.4.1 the licensee is unable to pay its debts as and 10. Public Risk Liability when they fall due or is otherwise insolvent; The licensee must at all times indemnify the Minister, his 15.4.2 an order is made for the winding up or officers, employees, contractors and agents from and against all liquidation of the licensee; claims, demands, actions, judgments, proceedings, damages, losses, costs, charges and expenses in respect of any loss of life, personal 15.4.3 the licensee enters into a scheme of injury and/or damage to property caused or suffered in any arrangement, compromise, moratorium or manner in or about the site. other form of composition with its creditors or any class of its creditors; 11. Release 15.4.4 a receiver, a manager or a receiver and The licensee must use and keep the site at the risk in all things manager, a company administrator or other of the licensee and the licensee must release to the full extent insolvency administrator is appointed to the permitted by law the Minister, his agents, contractors and licensee; or servants in the absence of any wilful act, omission, default or neglect on their part from all claims and demands of every kind 15.4.5 a mortgagee, chargee or other encum- resulting from any accident damage or injury to persons or brancee is appointed over or takes property occurring at the site, including loss or damage to the possession of or appoints an agent to take licensee’s fixtures or personal property of the licensee. possession of all or any of the licensee’s assets; or 12. Public Risk Insurance 15.5 if the licensee is an individual, the licensee: The licensee shall at its own cost and expense during the term effect and keep in full force and effect in respect of the site and 15.5.1 becomes bankrupt or assigns its estate or the permitted use a policy of public risk insurance in the joint enters into a deed of arrangement or other names of the licensee and the Minister in which the limits of form of composition for the benefit of the licensee’s creditors; or 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2275

15.5.2 is convicted of an indictable offence. 21.1.1 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); 16. Interpretation 21.1.2 signed by or on behalf of the sender or by a person duly authorised in that regard by the Subject to any inconsistency of subject or context, the sender; following rules of construction shall be used in the interpretation of this licence: 21.1.3 deemed to be duly served or made in the following circumstances: 16.1 any word importing the plural includes the singular (a) and vice versa; if delivered, upon delivery; (b) 16.2 any wording importing a gender shall include all if sending by mail, upon posting; other genders; (c) if sent by facsimile transmission, upon 16.3 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 was satisfactorily sent in its entirety to 16.4 a reference to a recital, party, clause, Schedule or the addressee’s facsimile number, Annexure is a reference to a recital, party, clause, Schedule or Annexure of this licence; but if delivery is not made before 5 p.m. on any day it shall be deemed to be received at 16.5 the captions, headings, section numbers and clause 9 a.m. on the next day in that place. numbers appearing in this licence are inserted only as a matter of convenience and in no way affect the 21.2 The Minister and the licensee may each vary their construction of this licence; address or facsimile number at any time by written notice. 16.6 a reference to a statute shall include all statutes amending, consolidating or replacing the statutes Granted on behalf of the Minister by Director of Fisheries, referred to; delegate of the Minister, on 3 November 1999. 16.7 where two or more persons are named as licensees, G. R. 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. 16.8 time is of the essence in respect of any obligation Signed by the said J. P. PEDLER relating to time in this licence. In the presence of: P. J. MILTON, Witness 17. Delegation SCHEDULE 1 Any consent, notice, any consultation or any other thing Item 1—The Site which is pursuant to the terms of this licence either required to be given, done or performed or which may be given, done or Area applicable to this licence: 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. AGD 66—Zone 53 18. Severance 394631E 6417063N 9 If any term or condition of this licence should be for any 394842E 6417048N reason unlawful, void, invalid or unenforceable then the offending 394812E 6416624N term or condition shall be severed from this licence without 394600E 6416639N 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 19. Modification the Arts) must be black, dark grey, dark blue, dark brown, or dark green coloured materials. No variation of or addition to any provision of this licence shall be binding upon the Minister and the licensee unless such The boundary of the site to be marked either with: variation or addition is made in writing, signed by both the (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 20. Waiver 900 mm from tip to tip, minimum width 75 mm. 20.1 A waiver of any provision of this licence by the (2) Posts to be not less than 125 mm in diameter. Minister must both be in writing and be signed by the (3) Posts and crosses to be painted yellow. Minister or by persons duly authorised to execute such a document on the Minister’s part. (4) The ends of each cross to be marked with a 200 mm strip of yellow retro-reflective tape. 20.2 No waiver by the Minister of a breach of a term or condition contained in this licence shall operate as a (5) Between the corner posts at intervals not exceeding waiver of any breach of the same or any other term 50 m, buoys not less than 300 mm in diameter. or condition contained in this licence. (6) All buoys, posts, crosses and markers must be 20.3 No forbearance, delay or indulgence by the Minister maintained in good condition. in enforcing the provisions of this licence shall or prejudice or restrict the rights of the Minister. (b) (1) At each corner, yellow spar buoys with a St 21. Notices Andrews cross as a top mark placed at least 21.1 Notices may be served by delivering the same 900 mm above the buoy, cross arms 900 mm long x personally, by mail or facsimile transmission and shall 75 mm wide. be: 2276 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

(2) The buoys and topmarks must all be coloured 6. Number of life stage of each species of fish held. yellow and marked with a yellow retro-reflective as 7. Number, weight and value of each species of fish held. in (a) (4). 8. Details of any disease detected in any fish kept. (3) All buoys, posts, crosses and markers must be maintained in good condition. 9. Source (whether interstate or intrastate) of any stock When the site is in navigable water and possible danger to acquired and date of acquisition (if relevant, include name navigation, lights must be placed on the top of each St Andrews of authority that provided certification that stock was cross that is located at each corner of the site and these lights free from disease). must be yellow in colour and flashing once every 4 seconds and 10. If any fish were brought into the state, the number of visible over an arc of 360 degrees for a distance of at least one fish and the life stage of the fish. mile. 11. If fish were brought into the state, the purpose for which Item 2—Marked-Off Areas they were brought in. [Co-ordinates of developed areas within the site to be provided 12. Method of disposal of water and packaging use for by the licensee.] transporting the fish. White buoys of at least 12 inches in diameter must be placed 13. If any disease or symptom of disease occurred in the around the whole of the perimeter of the developed areas within acquired fish. the site at a distance of no less than 50 m from one another. 14. Method of disposal of diseased or dead fish and the SCHEDULE 2 number disposed of. Item 1¾Permitted Species 15. Signature, date and telephone number. The Director of Fisheries has, pursuant to section 50 (2) of the 16. Use of any chemicals for fish husbandry—type of Act, issued a permit for the release of the fish specified in this chemical and quantity used, purpose and date of use. Schedule. Pacific Oysters (Crassostrea gigas) FISHERIES ACT 1982: SECTION 48G (2) Item 2¾Permitted Farming Methods TAKE notice that pursuant to section 48G (2) of the Fisheries The Director of Fisheries has, pursuant to section 48G (2) of Act 1982, I hereby authorise John Patrick Pedler and Wendy Joy the Act, issued a permit to disturb the seabed for the purpose of Pedler, Section 120, Hundred of Wallanippie, Smoky Bay, S.A. installing the structures specified in this Schedule. 5680 (hereinafter referred to as the ‘permit holder’) to disturb Longlines the seabed of the site specified in Item 1 of the Schedule for the purpose only of installing the structures specified in Item 2 of the Each unit must not exceed 100 m in length and 2 m in width, Schedule in accordance with Marine Mollusc Farming Licence and each unit must be at lease 5 m from any other unit. Number FM00070 (such structures not to be installed on the Item 3¾Stocking Rates seabed itself) for the period commencing 1 July 1999 and ending upon the expiration or earlier termination of Marine Mollusc Oysters Farming Licence Number FM00070, issued pursuant to section 53 Size (mm) Number per Hectare of the Fisheries Act 1982. 3 2 500 000 SCHEDULE 1 10 1 600 000 Item 1—Location Co-ordinates 20 1 100 000 30 750 000 Licensed Area Licensed 40 500 000 Hectares 50 350 000 AGD 66—Zone 53 60 200 000 394631E 6417063N 9 70 150 000 394842E 6417048N 80 100 000 394812E 6416624N 394600E 6416639N SCHEDULE 3 Item 1—Fees Item 2—Structures to be installed Longlines Annual licence fees are: $ Each unit must not exceed 100 m in length and 2 m in width FRDC Levy per hectare 9 at $12.50...... 112.50 and each unit must be at least 6 m from any other unit. EMP Fee per hectare 9 at $22.96 each...... 206.64 Dated 3 November 1999. Base Licence Fee per hectare 9 at $57 each...... 513.00 G. R. MORGAN, Director of Fisheries SASQAP (Classified Area) per hectare 9 at $60 each...... 540.00 FISHERIES ACT 1982: SECTION 50 (2) Total Annual Licence Fee ...... 1 372.14 TAKE notice that pursuant to section 50 (2) of the Fisheries Act Quarterly Instalments...... 343.04 1982, I hereby authorise John Patrick Pedler and Wendy Joy Item 2—Public Risk Insurance Pedler, Section 120, Hundred of Wallanippie, Smoky Bay, S.A. Five million dollars ($5 000 000). 5680 (hereinafter referred to as the ‘permit holder’) to engage in the activities and to do the acts specified in Schedule 1, subject to SCHEDULE 4 the conditions specified in Schedule 2 from the date of this Returns permit ending upon the expiration or earlier termination of Licence Number FM00070. The licensee must submit the following information to the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 SCHEDULE 1 Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and The importation and release of Pacific Oysters, (Crassostrea 31 July during the term of this licence: gigas) within the waters defined by the following co-ordinates: 1. Name of licensee. Licensed Area Licensed 2. Address of licensee. Hectares AGD 66—Zone 53 3. Species of fish farmed and held on the site. 394631E 6417063N 9 4. Location of aquaculture operation. 394842E 6417048N 5. Period covered by return. 394812E 6416624N 394600E 6416639N SCHEDULE 2 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2277

1. Fish obtained within South Australia for use in the fish farm 3. Permitted Species shall only be obtained from registered fish farmers, licensed The licensee: fishers or other persons approved by the Director of Fisheries. 3.1 must not farm or introduce any species at the site other 2. The permit holder shall not import any live fish (ova, fry or than the permitted species; and adult) into South Australia unless the shipment has certification from an appropriate authority in the State from which they are 3.2 must not take any wild fish from the site except for obtained that they are free from all relevant notifiable diseases recreational purposes. listed in Schedule 4 of the Fisheries (Exotic Fish, Fish Farming 4. Permitted Use and Fish Diseases) Regulations 1984. The licensee must not use the site for any purpose other than 3. Any oysters brought into South Australia must undergo a the permitted use. soakage process whereby they are completely submerged in fresh water for a period of not less than 2 hours before being placed in 5. Permitted Methods the approved structures. Fresh water is deemed to be water The licensee: suitable for human consumption or horticultural or agricultural use. 5.1 must not stock the permitted species at a rate greater than that specified in Schedule 2 of this licence; 4. The permit holder shall not contravene or fail to comply with the Fisheries Act 1982, or any regulations made under the 5.2 must not use the anti-fouling chemical tributyltin (TBT) Act, except where specifically permitted by this notice. on any equipment used at the site; 5. The permit holder must retain the copy of this permit which 5.3 must not use any chemical or drug for either therapeutic has been supplied by the Director of Fisheries, and if requested by or prophylactic purpose except with the prior approval a Fisheries and Aquaculture Officer, produce that permit for of the Minister; inspection. 5.4 must apply the permitted farming methods set out in Dated 3 November 1999. Item 2 of Schedule 2 of this licence. G. R. MORGAN, Director of Fisheries 6. Marking and Maintaining the Site The licensee: FISHERIES ACT 1982 6.1 must ensure that the site is maintained in a good, tidy and safe condition to the satisfaction of the Minister; MARINE MOLLUSC FARMING LICENCE FM00073 (PREVIOUS LICENCE NO. F735) 6.2 must remove and lawfully dispose of any waste or debris on the site as soon as is reasonably practicable and in Licence to Farm Fish under section 53 of the Fisheries particular must comply with any guidelines issued from Act 1982 time to time by the Minister in relation to the removal WHEREAS the Director of Fisheries has, pursuant to section from the site of any unhealthy or dead fish; 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to 6.3 must maintain all buoys, crosses, and markers on the site the undermentioned licensee to release the fish specified in in good condition and in accordance with the colours Item 1 of Schedule 2 of this licence (‘the permitted species’) and, specified in Schedule 1 of this licence; and pursuant to section 48G (2) of the Act, the Director of Fisheries has also issued a permit to disturb the seabed for the purpose of 6.4 must mark the site boundary in accordance with the installing structures necessary for the licensed activity at the specifications in Schedule 1 of this licence. undermentioned site, the Minister for Primary Industries, Natural 7. Site Inspection and Supervision Resources and Regional Development (‘the Minister’) hereby grants to: The licensee: Michael Van Doorn (12196) 7.1 must at all times permit the Minister, his employees, P.O. Box 1083 agents or contractors or any employees, agents or Port Lincoln, S.A. 5606, contractors of the Crown to enter the site for the purposes of inspecting the site, the sea floor and the a non-exclusive licence to occupy and use the waters specified in flora and fauna on or in the vicinity of the site; and Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of farming and taking the permitted species (‘the permitted use’) for 7.2 must comply with all reasonable directions of any such the period commencing on 1 July 1999 and ending, subject to any person authorised by the Director of Fisheries to inspect earlier termination under this licence, on 30 June 1999 (‘the the conduct of the licensee’s activities at the site. term’) subject to the following terms and conditions: 8. Fees and Returns CONDITIONS OF THIS LICENCE The licensee: 1. Licence 8.1 must pay to the Minister the licence fee in accordance The parties acknowledge and agree that: with Item l of Schedule 3 of this licence; 1.1 the rights, powers and privileges granted to or vested in 8.2 must on or before 31 January and 31 July during the the licensee under this licence are contractual only and term, submit to the Minister a return supplying all of shall not create or vest in the licensee any estate, the information described in Schedule 4 of this licence. interest or right of a proprietary nature in the site; and 9. Compliance With Relevant Laws 1.2 that, subject to section 53A of the Fisheries Act 1982, this licence does not entitle the licensee to exclusive 9.1 the licensee must at all times comply with all laws, by- rights of entry to and occupation of the site and that laws or regulations in force which relate to the site or the rights granted by this licence are exercisable by the the activities conducted in the site and with all notices, licensee in common with any other occupiers of the site orders or requirements lawfully given or made by any from time to time. authority or authorities in respect of the site; 2. Marked-off Areas 9.2 in particular, without derogating from the general requirement under condition 9 of this licence: For the purposes of section 53A of the Fisheries Act 1982, the marked-off areas within the site is that area or those areas 9.2.1 the licensee must not do or permit to be done in marked-off or indicated in the manner set out in Item 2 of upon or about the site anything which in the Schedule 1 of this licence. opinion of the Minister would cause or contribute to the degradation or pollution of any coastal land or the surrounding marine environment; and 2278 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

9.2.2 in the event that the Minister is satisfied, on 15.3 the licence fee referred to in condition 8 is unpaid reasonable grounds, that the fish taken from the for a period of 14 days after notice has been given to waters are not fit for human consumption or that the licensee that it is outstanding; or consumption of fish taken from the waters could 15.4 if the licensee is a body corporate, any of the present a danger to the health of the consumer, following occur: the licensee must, in accordance with a written notice from the Minister, cease or suspend the 15.4.1 the licensee is unable to pay its debts as and conduct of the permitted use or else conduct the when they fall due or is otherwise insolvent; permitted use as directed within the notice. 15.4.2 an order is made for the winding up or 10. Public Risk Liability liquidation of the licensee; The licensee must at all times indemnify the Minister, his 15.4.3 the licensee enters into a scheme of officers, employees, contractors and agents from and against all arrangement, compromise, moratorium or claims, demands, actions, judgments, proceedings, damages, losses, other form of composition with its creditors costs, charges and expenses in respect of any loss of life, personal or any class of its creditors; injury and/or damage to property caused or suffered in any 15.4.4 a receiver, a manager or a receiver and manner in or about the site. manager, a company administrator or other 11. Release insolvency administrator is appointed to the licensee; or 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 15.4.5 a mortgagee, chargee or other encum- permitted by law the Minister, his agents, contractors and brancee is appointed over or takes servants in the absence of any wilful act, omission, default or possession of or appoints an agent to take neglect on their part from all claims and demands of every kind possession of all or any of the licensee’s resulting from any accident damage or injury to persons or assets; or property occurring at the site, including loss or damage to the 15.5 if the licensee is an individual, the licensee: licensee’s fixtures or personal property of the licensee. 15.5.1 becomes bankrupt or assigns its estate or 12. Public Risk Insurance enters into a deed of arrangement or other The licensee shall at its own cost and expense during the term form of composition for the benefit of the effect and keep in full force and effect in respect of the site and licensee’s creditors; or the permitted use a policy of public risk insurance in the joint 15.5.2 is convicted of an indictable offence. 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 Termination of this licence by the Minister shall be Schedule 3 of this licence, or such further amount as the Minister without prejudice to any rights, remedies or actions may from time to time reasonably require, as the amount which that the Minister may have against the licensee in may be paid out in respect of any one single claim and a policy of respect of any antecedent breach by the licensee of insurance or copy thereof or a certificate of insurance shall be the terms and conditions contained in this licence. produced by the licensee to the Minister on request in writing 16. Interpretation being made by the Minister for its production. Subject to any inconsistency of subject or context, the 13. Guarantee or Indemnity Scheme following rules of construction shall be used in the interpretation The licensee must either: of this licence: 13.1 provide a guarantee from its bankers; or 16.1 any word importing the plural includes the singular and vice versa; 13.2 contribute to an indemnity scheme established for the aquaculture and fisheries industry and approved by 16.2 any wording importing a gender shall include all the Minister, other genders; to and in favour of and for the benefit of the Minister by way of 16.3 a reference to a body corporate shall include a security for the due and punctual performance by the licensee of natural person and vice versa; the terms and conditions of this licence and in particular the 16.4 a reference to a recital, party, clause, Schedule or obligations of the licensee to rehabilitate the site immediately Annexure is a reference to a recital, party, clause, prior to the expiration or sooner determination of the term of Schedule or Annexure of this licence; this licence. Such guarantee or indemnity scheme must have effect from the date of commencement of the term. 16.5 the captions, headings, section numbers and clause numbers appearing in this licence are inserted only as 14. No Assignment a matter of convenience and in no way affect the The licensee acknowledges that this licence is personal and it construction of this licence; must not assign or sublet or deal in any other way with any 16.6 a reference to a statute shall include all statutes interest in this licence. amending, consolidating or replacing the statutes 15. Default by Licensee and Termination referred to; The Minister may terminate this licence immediately by notice 16.7 where two or more persons are named as licensees, in writing served on the licensee if: this licence shall bind the licensees jointly and each of them severally; and 15.1 the licensee commits or permits any breach or default of the obligations imposed on the licensee by 16.8 time is of the essence in respect of any obligation this licence, and following the giving by the Minister relating to time in this licence. of written notice of such breach or default, the 17. Delegation licensee either fails to rectify such breach or default within one calendar month of the date of such notice Any consent, notice, any consultation or any other thing (or earlier if the circumstances require) or fails to which is pursuant to the terms of this licence either required to be make diligent progress towards rectifying any such given, done or performed or which may be given, done or breach which is incapable of rectification within the performed by the Minister may for the purposes of this licence be time so limited; or properly given, done or performed by any duly authorised agent or employee of the Minister. 15.2 the licensee commits or permits any further breach or default of the obligations imposed on the licensee 18. Severance by this licence for which the Minister has previously If any term or condition of this licence should be for any given notice in writing of such breach or default reason unlawful, void, invalid or unenforceable then the offending pursuant to paragraph 1 of condition 15.1 notwith- term or condition shall be severed from this licence without standing rectification of the previous breach or affecting the validity or enforceability of the remainder of this default; or licence. 19. Modification 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2279

No variation of or addition to any provision of this licence SCHEDULE 1 shall be binding upon the Minister and the licensee unless such Item 1—The Site variation or addition is made in writing, signed by both the Minister and the licensee and expressed to be either supplemental Area applicable to this licence: to or in substitution for the whole or a part of this licence. Licensed Area Licensed 20. Waiver Hectares AGD 66—Zone 53 20.1 A waiver of any provision of this licence by the Minister must both be in writing and be signed by the 582750E 6171000N 135°54.08¢ 34°35.57¢ 10 Minister or by persons duly authorised to execute such 583100E 6171050N 135°54.22¢ 34°35.56¢ a document on the Minister’s part. 583150E 6170650N 135°54.24¢ 34°36.08¢ 582825E 6170600N 135°54.11¢ 34°36.10¢ 20.2 No waiver by the Minister of a breach of a term or condition contained in this licence shall operate as a All structures, equipment, buoys and flotations (except for that waiver of any breach of the same or any other term required by the Department for Transport, Urban Planning and or condition contained in this licence. the Arts) must be black, dark grey, dark blue, dark brown, or dark green coloured materials. 20.3 No forbearance, delay or indulgence by the Minister in enforcing the provisions of this licence shall The boundary of the site to be marked either with: prejudice or restrict the rights of the Minister. (a) (1) At the corners with posts extending 900 mm above 21. Notices mean high water springs. Such posts to be marked with a St Andrews cross, each cross arm measuring 21.1 Notices may be served by delivering the same 900 mm from tip to tip, minimum width 75 mm. personally, by mail or facsimile transmission and shall be: (2) Posts to be not less than 125 mm in diameter. 21.1.1 in writing addressed to the Director of (3) Posts and crosses to be painted yellow. Fisheries, PIRSA, 16th Floor, 25 Grenfell (4) The ends of each cross to be marked with a Street, Adelaide, S.A. 5000 (in the case of 200 mm strip of yellow retro-reflective tape. the Minister) and to the address of the licensee set out above (in the case of the (5) Between the corner posts at intervals not exceeding licensee); 50 m, buoys not less than 300 mm in diameter. 21.1.2 signed by or on behalf of the sender or by a (6) All buoys, posts, crosses and markers must be person duly authorised in that regard by the maintained in good condition. sender; or 21.1.3 deemed to be duly served or made in the (b) (1) At each corner, yellow spar buoys with a St following circumstances: Andrews cross as a top mark placed at least (a) if delivered, upon delivery; 900 mm above the buoy, cross arms 900 mm long x 75 mm wide. (b) if sending by mail, upon posting; (2) The buoys and topmarks must all be coloured (c) if sent by facsimile transmission, upon yellow and marked with a yellow retro-reflective as the sender’s facsimile producing a in (a) (4). transmission report that the facsimile was satisfactorily sent in its entirety to (3) All buoys, posts, crosses and markers must be the addressee’s facsimile number, maintained in good condition. but if delivery is not made before 5 p.m. on When the site is in navigable water and possible danger to any day it shall be deemed to be received at navigation, lights must be placed on the top of each St Andrews 9 a.m. on the next day in that place. cross that is located at each corner of the site and these lights must be yellow in colour and flashing once every 4 seconds and 21.2 The Minister and the licensee may each vary their visible over an arc of 360 degrees for a distance of at least one address or facsimile number at any time by written mile. notice. Item 2—Marked-Off Areas 22. SASQAP [Co-ordinates of developed areas within the site to be provided 22.1 The licensee: by the licensee.] 22.1.1 must submit to the Manager, South White buoys of at least 12 inches in diameter must be placed Australian Shellfish Quality Assurance around the whole of the perimeter of the developed areas within Program (‘SASQAP’) for testing such the site at a distance of no less than 50 m from one another. sample as the Manager, SASQAP requires of the fish farmed at the site and specified in SCHEDULE 2 Item 1.1 of Schedule 2; Item 1¾Permitted Species 22.1.2 must comply with all reasonable require- 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 Native Oysters (Ostrea angasi) Manager, SASQAP, prior to making any of Crassostrea gigas the fish farmed at the site and specified in Pacific Oysters ( ) Item 1.1 of Schedule 2, available for human Item 1.1 Fish Subject to SASQAP testing consumption. Native Oysters (Ostrea angasi) Granted on behalf of the Minister by Director of Fisheries, Pacific Oysters (Crassostrea gigas) delegate of the Minister, on 3 November 1999. Item 2¾Permitted Farming Methods G. R. MORGAN, Director of Fisheries The Director of Fisheries has, pursuant to section 48G (2) of The licensee hereby acknowledges and agrees to the terms and the Act, issued a permit to disturb the seabed for the purpose of conditions of this licence. installing the structures specified in this Schedule. Signed by the said M. VAN DOORN Longlines In the presence of: B. HENDERSON, Witness Each unit must not exceed 100 m in length and 2 m in width, and each unit must be at least 6 m from any other unit. 2280 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

Item 3¾Stocking Rates Mollusc Farming Licence Number FM00073, (such structures not Oysters to be installed on the seabed itself) for the period commencing 1 July 1999 and ending upon the expiration or earlier termination Size (mm) Number per Hectare of Marine Mollusc Farming Licence Number FM00073, issued 3 2 500 000 pursuant to section 53 of the Fisheries Act 1982. 10 1 600 000 SCHEDULE 1 20 1 100 000 30 750 000 Item 1—Location Co-ordinates 40 500 000 Licensed Area Licensed 50 350 000 Hectares 60 200 000 AGD 66—Zone 53 70 150 000 582750E 6171000N 10 80 100 000 583100E 6171050N SCHEDULE 3 583150E 6170650N Item 1—Fees 582825E 6170600N Item 2—Structures to be installed $ Annual licence fees are: Longlines FRDC levy per hectare 10 at $12.50 each...... 125.00 Each unit must not exceed 100 m in length and 2 m in width EMP fee per hectare 10 at $22.96 each ...... 229.60 and each unit must be at least 6 m from any other unit. Base Licence Fee per hectare 10 at $57 each...... 570.00 SASQAP (Classified Area) per hectare 10 at Dated 3 November 1999. $60 each...... 600.00 G. R. MORGAN, Director of Fisheries Total Annual Licence Fee ...... 1 524.60 Quarterly Instalments...... 381.15 FISHERIES ACT 1982: SECTION 50 (2) Item 2—Public Risk Insurance TAKE notice that pursuant to section 50 (2) of the Fisheries Act Five million dollars ($5 000 000). 1982, I hereby authorise Michael Van Doorn, P.O. Box 1083, Port Lincoln, S.A. 5606 (hereinafter referred to as the ‘permit SCHEDULE 4 holder’) to engage in the activities and to do the acts specified in Returns Schedule 1, subject to the conditions specified in Schedule 2 from the date of this permit ending upon the expiration or earlier The licensee must submit the following information to the termination of Licence Number FM00073. Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and SCHEDULE 1 31 July during the term of this licence: 1. Name of licensee. The importation and release of Native Oysters, (Ostrea 2. Address of licensee. angasi) and Pacific Oysters, (Crassostrea gigas) within the waters defined by the following co-ordinates: 3. Species of fish farmed and held on the site. Licensed Area Licensed 4. Location of aquaculture operation. Hectares 5. Period covered by return. AGD 66—Zone 53 6. Number of life stage of each species of fish held. 582750E 6171000N 10 583100E 6171050N 7. Number, weight and value of each species of fish held. 583150E 6170650N 8. Details of any disease detected in any fish kept. 582825E 6170600N 9. Source (whether interstate or intrastate) of any stock SCHEDULE 2 acquired and date of acquisition (if relevant, include name 1. Fish obtained within South Australia for use in the fish farm of authority that provided certification that stock was shall only be obtained from registered fish farmers, licensed free from disease). fishers or other persons approved by the Director of Fisheries. 10. If any fish were brought into the state, the number of 2. The permit holder shall not import any live fish (ova, fry or fish and the life stage of the fish. adult) into South Australia unless the shipment has certification 11. If fish were brought into the state, the purpose for which from an appropriate authority in the State from which they are they were brought in. obtained that they are free from all relevant notifiable diseases listed in Schedule 4 of the Fisheries (Exotic Fish, Fish Farming 12. Method of disposal of water and packaging use for and Fish Diseases) Regulations 1984. transporting the fish. 3. Any oysters brought into South Australia must undergo a 13. If any disease or symptom of disease occurred in the soakage process whereby they are completely submerged in fresh acquired fish. water for a period of not less than 2 hours before being placed in 14. Method of disposal of diseased or dead fish and the the approved structures. Fresh water is deemed to be water number disposed of. suitable for human consumption or horticultural or agricultural use. 15. Signature, date and telephone number. 4. The permit holder shall not contravene or fail to comply 16. Use of any chemicals for fish husbandry—type of with the Fisheries Act 1982, or any regulations made under the chemical and quantity used, purpose and date of use. Act, except where specifically permitted by this notice. 5. The permit holder must retain the copy of this permit which FISHERIES ACT 1982: SECTION 48G (2) has been supplied by the Director of Fisheries, and if requested by a Fisheries and Aquaculture Officer, produce that permit for TAKE notice that pursuant to section 48G (2) of the Fisheries inspection. Act 1982, I hereby authorise Michael Van Doorn, P.O. Box 1083, Port Lincoln, S.A. 5606 (hereinafter referred to as the Dated 3 November 1999. ‘permit holder’) to disturb the seabed of the site specified in Item G. R. MORGAN, Director of Fisheries 1 of the Schedule for the purpose only of installing the structures specified in Item 2 of the Schedule in accordance with Marine 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2281

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 FM00081 particular must comply with any guidelines issued from (PREVIOUS LICENCE NO. F748) 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 Richard T. Baker (12200) purposes of inspecting the site, the sea floor and the Margaret A. Baker (14568) flora and fauna on or in the vicinity of the site; and 46 Lincoln Highway, Cowell, S.A. 5602, 7.2 must comply with all reasonable directions of any such person authorised by the Director of Fisheries to inspect a non-exclusive licence to occupy and use the waters specified in the conduct of the licensee’s activities at the site. Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of farming and taking the permitted species (‘the permitted use’) for 8. Fees and Returns the period commencing on 1 July 1999 and ending, subject to any The licensee: earlier termination under this licence, on 30 June 2000 (‘the term’) subject to the following terms and conditions: 8.1 must pay to the Minister the licence fee in accordance with Item l of Schedule 3 of this licence; CONDITIONS OF THIS LICENCE 1. Licence 8.2 must on or before 31 January and 31 July during the term, submit to the Minister a return supplying all of The parties acknowledge and agree that: the information described in Schedule 4 of this licence. 1.1 the rights, powers and privileges granted to or vested in 9. Compliance With Relevant Laws the licensee under this licence are contractual only and shall not create or vest in the licensee any estate, 9.1 the licensee must at all times comply with all laws, by- interest or right of a proprietary nature in the site; and laws or regulations in force which relate to the site or the activities conducted in the site and with all notices, 1.2 that, subject to section 53A of the Fisheries Act 1982, orders or requirements lawfully given or made by any this licence does not entitle the licensee to exclusive authority or authorities in respect of the site; rights of entry to and occupation of the site and that the rights granted by this licence are exercisable by the 9.2 in particular, without derogating from the general licensee in common with any other occupiers of the site requirement under condition 9 of this licence: from time to time. 9.2.1 the licensee must not do or permit to be done in 2. Marked-off Areas upon or about the site anything which in the opinion of the Minister would cause or contribute For the purposes of section 53A of the Fisheries Act 1982, the to the degradation or pollution of any coastal marked-off areas within the site is that area or those areas land or the surrounding marine environment; and marked-off or indicated in the manner set out in Item 2 of Schedule 1 of this licence. 9.2.2 in the event that the Minister is satisfied, on reasonable grounds, that the fish taken from the 3. Permitted Species waters are not fit for human consumption or that The licensee: consumption of fish taken from the waters could present a danger to the health of the consumer, 3.1 must not farm or introduce any species at the site other the licensee must, in accordance with a written than the permitted species; and notice from the Minister, cease or suspend the 3.2 must not take any wild fish from the site except for conduct of the permitted use or else conduct the recreational purposes. permitted use as directed within the notice. 4. Permitted Use 10. Public Risk Liability The licensee must not use the site for any purpose other than The licensee must at all times indemnify the Minister, his the permitted use. officers, employees, contractors and agents from and against all 5. Permitted Methods claims, demands, actions, judgments, proceedings, damages, losses, costs, charges and expenses in respect of any loss of life, personal The licensee: injury and/or damage to property caused or suffered in any 5.1 must not stock the permitted species at a rate greater manner in or about the site. than that specified in Schedule 2 of this licence; 11. Release 5.2 must not use the anti-fouling chemical tributyltin (TBT) The licensee must use and keep the site at the risk in all things on any equipment used at the site; of the licensee and the licensee must release to the full extent 5.3 must not use any chemical or drug for either therapeutic permitted by law the Minister, his agents, contractors and or prophylactic purpose except with the prior approval servants in the absence of any wilful act, omission, default or of the Minister; neglect on their part from all claims and demands of every kind resulting from any accident damage or injury to persons or 5.4 must apply the permitted farming methods set out in property occurring at the site, including loss or damage to the Item 2 of Schedule 2 of this licence. licensee’s fixtures or personal property of the licensee. 6. Marking and Maintaining the Site 12. Public Risk Insurance The licensee: The licensee shall at its own cost and expense during the term 6.1 must ensure that the site is maintained in a good, tidy effect and keep in full force and effect in respect of the site and and safe condition to the satisfaction of the Minister; the permitted use a policy of public risk insurance in the joint names of the licensee and the Minister in which the limits of public risk shall not be less than the amount specified in Item 2 2282 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999 of Schedule 3 of this licence, or such further amount as the 15.5.2 is convicted of an indictable offence. Minister may from time to time reasonably require, as the Termination of this licence by the Minister shall be amount which may be paid out in respect of any one single claim without prejudice to any rights, remedies or actions and a policy of insurance or copy thereof or a certificate of that the Minister may have against the licensee in insurance shall be produced by the licensee to the Minister on respect of any antecedent breach by the licensee of request in writing being made by the Minister for its production. the terms and conditions contained in this licence. Guarantee or Indemnity Scheme 13. 16. Interpretation The licensee must either: Subject to any inconsistency of subject or context, the 13.1 provide a guarantee from its bankers; or following rules of construction shall be used in the interpretation 13.2 contribute to an indemnity scheme established for of this licence: the aquaculture and fisheries industry and approved by 16.1 any word importing the plural includes the singular the Minister, and vice versa; to and in favour of and for the benefit of the Minister by way of 16.2 any wording importing a gender shall include all security for the due and punctual performance by the licensee of other genders; the terms and conditions of this licence and in particular the 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 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; 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; Default by Licensee and Termination 15. 16.6 a reference to a statute shall include all statutes The Minister may terminate this licence immediately by notice amending, consolidating or replacing the statutes in writing served on the licensee if: referred to; 15.1 the licensee commits or permits any breach or 16.7 where two or more persons are named as licensees, default of the obligations imposed on the licensee by this licence shall bind the licensees jointly and each of this licence, and following the giving by the Minister them severally; and of written notice of such breach or default, the 16.8 time is of the essence in respect of any obligation licensee either fails to rectify such breach or default relating to time in this licence. within one calendar month of the date of such notice (or earlier if the circumstances require) or fails to 17. Delegation make diligent progress towards rectifying any such Any consent, notice, any consultation or any other thing breach which is incapable of rectification within the which is pursuant to the terms of this licence either required to be time so limited; or given, done or performed or which may be given, done or 15.2 the licensee commits or permits any further breach performed by the Minister may for the purposes of this licence be or default of the obligations imposed on the licensee properly given, done or performed by any duly authorised agent by this licence for which the Minister has previously or employee of the Minister. given notice in writing of such breach or default 18. Severance pursuant to paragraph 1 of condition 15.1 notwith- standing rectification of the previous breach or If any term or condition of this licence should be for any default; or reason unlawful, void, invalid or unenforceable then the offending term or condition shall be severed from this licence without 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 following occur: No variation of or addition to any provision of this licence shall be binding upon the Minister and the licensee unless such 15.4.1 the licensee is unable to pay its debts as and variation or addition is made in writing, signed by both the when they fall due or is otherwise insolvent; Minister and the licensee and expressed to be either supplemental 15.4.2 an order is made for the winding up or to or in substitution for the whole or a part of this licence. liquidation of the licensee; 20. Waiver 15.4.3 the licensee enters into a scheme of 20.1 A waiver of any provision of this licence by the arrangement, compromise, moratorium or Minister must both be in writing and be signed by the other form of composition with its creditors Minister or by persons duly authorised to execute such or any class of its creditors; a document on the Minister’s part. 15.4.4 a receiver, a manager or a receiver and 20.2 No waiver by the Minister of a breach of a term or manager, a company administrator or other condition contained in this licence shall operate as a insolvency administrator is appointed to the waiver of any breach of the same or any other term licensee; or or condition contained in this licence. 15.4.5 a mortgagee, chargee or other encum- 20.3 No forbearance, delay or indulgence by the Minister brancee is appointed over or takes in enforcing the provisions of this licence shall possession of or appoints an agent to take prejudice or restrict the rights of the Minister. possession of all or any of the licensee’s assets; or 21. Notices 15.5 if the licensee is an individual, the licensee: 21.1 Notices may be served by delivering the same personally, by mail or facsimile transmission and shall 15.5.1 becomes bankrupt or assigns its estate or be: enters into a deed of arrangement or other form of composition for the benefit of the licensee’s creditors; or 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2283

21.1.1 in writing addressed to the Director of must be yellow in colour and flashing once every 4 seconds and Fisheries, PIRSA, 16th Floor, 25 Grenfell visible over an arc of 360 degrees for a distance of at least one Street, Adelaide, S.A. 5000 (in the case of mile. the Minister) and to the address of the Item 2—Marked-Off Areas licensee set out above (in the case of the licensee); [Co-ordinates of developed areas within the site to be provided by the licensee.] 21.1.2 signed by or on behalf of the sender or by a person duly authorised in that regard by the White buoys of at least 12 inches in diameter must be placed sender; around the whole of the perimeter of the developed areas within the site at a distance of no less than 50 m from one another. 21.1.3 deemed to be duly served or made in the following circumstances: SCHEDULE 2 (a) if delivered, upon delivery; Item 1¾Permitted Species (b) if sending by mail, upon posting; The Director of Fisheries has, pursuant to section 50 (2) of the (c) Act, issued a permit for the release of the fish specified in this if sent by facsimile transmission, upon Schedule. the sender’s facsimile producing a transmission report that the facsimile Pacific Oysters (Crassostrea gigas) was satisfactorily sent in its entirety to Item 2¾Permitted Farming Methods the addressee’s facsimile number, The Director of Fisheries has, pursuant to section 48G (2) of but if delivery is not made before 5 p.m. on the Act, issued a permit to disturb the seabed for the purpose of any day it shall be deemed to be received at installing the structures specified in this Schedule. 9 a.m. on the next day in that place. Longlines 21.2 The Minister and the licensee may each vary their address or facsimile number at any time by written Each unit must not exceed 100 m in length and 2 m in width, notice. and each unit must be at lease 5 m from any other unit. Granted on behalf of the Minister by Director of Fisheries, Item 3¾Stocking Rates delegate of the Minister, on 9 November 1999. Oysters G. R. MORGAN, Director of Fisheries Size (mm) Number per Hectare The licensee hereby acknowledges and agrees to the terms and 3 2 500 000 conditions of this licence. 10 1 600 000 Signed by the said R. T. BAKER 20 1 100 000 30 750 000 In the presence of: E. R. DAWES, Witness 40 500 000 SCHEDULE 1 50 350 000 60 200 000 Item 1—The Site 70 150 000 Area applicable to this licence: 80 100 000 Licensed Area Licensed SCHEDULE 3 Hectares Item 1—Fees AGD 66—Zone 53 Annual licence fees are: 677568E 6263837N 5 677471E 6263441N $ 677579E 6263402N FRDC Levy per hectare 5 at $12.50...... 62.50 677691E 6263838N EMP Fee per hectare 5 at $22.96 each...... 114.80 Base Licence Fee per hectare 5 at $57 each...... 285.00 All structures, equipment, buoys and flotations (except for that SASQAP (Classified Area) per hectare 5 at required by the Department for Transport, Urban Planning and $60 each ...... 300.00 the Arts) must be black, dark grey, dark blue, dark brown, or dark green coloured materials. Total Annual Licence Fee...... 762.30 The boundary of the site to be marked either with: Quarterly Instalments...... 190.58 Item 2—Public Risk Insurance (a) (1) At the corners with posts extending 900 mm above mean high water springs. Such posts to be marked Five million dollars ($5 000 000). with a St Andrews cross, each cross arm measuring SCHEDULE 4 900 mm from tip to tip, minimum width 75 mm. Returns (2) Posts to be not less than 125 mm in diameter. The licensee must submit the following information to the (3) Posts and crosses to be painted yellow. Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 (4) The ends of each cross to be marked with a Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and 200 mm strip of yellow retro-reflective tape. 31 July during the term of this licence: (5) Between the corner posts at intervals not exceeding 1. Name of licensee. 50 m, buoys not less than 300 mm in diameter. 2. Address of licensee. (6) All buoys, posts, crosses and markers must be 3. Species of fish farmed and held on the site. maintained in good condition. 4. Location of aquaculture operation. or 5. Period covered by return. (b) (1) At each corner, yellow spar buoys with a St 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 7. Number, weight and value of each species of fish held. 75 mm wide. 8. Details of any disease detected in any fish kept. (2) The buoys and topmarks must all be coloured yellow and marked with a yellow retro-reflective as in (a) (4). (3) 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 cross that is located at each corner of the site and these lights 2284 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

9. Source (whether interstate or intrastate) of any stock 4. Permitted Use acquired and date of acquisition (if relevant, include name The licensee must not use the site for any purpose other than of authority that provided certification that stock was the permitted use. free from disease). 5. Permitted Methods 10. If any fish were brought into the state, the number of fish and the life stage of the fish. The licensee: 11. If fish were brought into the state, the purpose for which 5.1 must not stock the permitted species at a rate greater they were brought in. than that specified in Schedule 2 of this licence; 12. Method of disposal of water and packaging use for 5.2 must not use the anti-fouling chemical tributyltin (TBT) transporting the fish. on any equipment used at the site; 13. If any disease or symptom of disease occurred in the 5.3 must not use any chemical or drug for either therapeutic acquired fish. or prophylactic purpose except with the prior approval of the Minister; 14. Method of disposal of diseased or dead fish and the number disposed of. 5.4 must apply the permitted farming methods set out in Item 2 of Schedule 2 of this licence. 15. Signature, date and telephone number. 6. Marking and Maintaining the Site 16. Use of any chemicals for fish husbandry—type of chemical and quantity used, purpose and date of use. The licensee: 6.1 must ensure that the site is maintained in a good, tidy and safe condition to the satisfaction of the Minister; FISHERIES ACT 1982 6.2 must remove and lawfully dispose of any waste or debris MARINE MOLLUSC FARMING LICENCE FM00091 on the site as soon as is reasonably practicable and in (PREVIOUS LICENCE NO. F761) particular must comply with any guidelines issued from Licence to Farm Fish under section 53 of the Fisheries time to time by the Minister in relation to the removal Act 1982 from the site of any unhealthy or dead fish; WHEREAS the Director of Fisheries has, pursuant to section 6.3 must maintain all buoys, crosses, and markers on the site 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to in good condition and in accordance with the colours the undermentioned licensee to release the fish specified in specified in Schedule 1 of this licence; and Item 1 of Schedule 2 of this licence (‘the permitted species’) and, 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 installing structures necessary for the licensed activity at the 7. Site Inspection and Supervision undermentioned site, the Minister for Primary Industries, Natural The licensee: Resources and Regional Development (‘the Minister’) hereby grants to: 7.1 must at all times permit the Minister, his employees, agents or contractors or any employees, agents or Richard Collins (14998) contractors of the Crown to enter the site for the Ruth E. Collins (14999) purposes of inspecting the site, the sea floor and the Lot 2, Bulman Road flora and fauna on or in the vicinity of the site; and Kersbrook, S.A. 5231, 7.2 must comply with all reasonable directions of any such a non-exclusive licence to occupy and use the waters specified in person authorised by the Director of Fisheries to inspect Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of the conduct of the licensee’s activities at the site. farming and taking the permitted species (‘the permitted use’) for the period commencing on 1 July 1999 and ending, subject to any 8. Fees and Returns earlier termination under this licence, on 30 June 2000 (‘the The licensee: term’) subject to the following terms and conditions: 8.1 must pay to the Minister the licence fee in accordance CONDITIONS OF THIS LICENCE with Item l of Schedule 3 of this licence; 1. Licence 8.2 must on or before 31 January and 31 July during the The parties acknowledge and agree that: term, submit to the Minister a return supplying all of 1.1 the rights, powers and privileges granted to or vested in the information described in Schedule 4 of this licence. the licensee under this licence are contractual only and 9. Compliance With Relevant Laws shall not create or vest in the licensee any estate, interest or right of a proprietary nature in the site; and 9.1 the licensee must at all times comply with all laws, by- laws or regulations in force which relate to the site or 1.2 that, subject to section 53A of the Fisheries Act 1982, the activities conducted in the site and with all notices, this licence does not entitle the licensee to exclusive orders or requirements lawfully given or made by any rights of entry to and occupation of the site and that authority or authorities in respect of the site; the rights granted by this licence are exercisable by the licensee in common with any other occupiers of the site 9.2 in particular, without derogating from the general from time to time. requirement under condition 9 of this licence: 2. Marked-off Areas 9.2.1 the licensee must not do or permit to be done in upon or about the site anything which in the For the purposes of section 53A of the Fisheries Act 1982, the opinion of the Minister would cause or contribute marked-off areas within the site is that area or those areas to the degradation or pollution of any coastal marked-off or indicated in the manner set out in Item 2 of land or the surrounding marine environment; and Schedule 1 of this licence. 9.2.2 in the event that the Minister is satisfied, on 3. Permitted Species reasonable grounds, that the fish taken from the The licensee: waters are not fit for human consumption or that consumption of fish taken from the waters could 3.1 must not farm or introduce any species at the site other present a danger to the health of the consumer, than the permitted species; and the licensee must, in accordance with a written 3.2 must not take any wild fish from the site except for notice from the Minister, cease or suspend the recreational purposes. conduct of the permitted use or else conduct the permitted use as directed within the notice. 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2285

10. Public Risk Liability 15.4.3 the licensee enters into a scheme of The licensee must at all times indemnify the Minister, his arrangement, compromise, moratorium or officers, employees, contractors and agents from and against all other form of composition with its creditors claims, demands, actions, judgments, proceedings, damages, losses, or any class of its creditors; costs, charges and expenses in respect of any loss of life, personal 15.4.4 a receiver, a manager or a receiver and injury and/or damage to property caused or suffered in any manager, a company administrator or other manner in or about the site. insolvency administrator is appointed to the 11. Release licensee; or The licensee must use and keep the site at the risk in all things 15.4.5 a mortgagee, chargee or other encum- of the licensee and the licensee must release to the full extent brancee is appointed over or takes permitted by law the Minister, his agents, contractors and possession of or appoints an agent to take servants in the absence of any wilful act, omission, default or possession of all or any of the licensee’s neglect on their part from all claims and demands of every kind assets; or resulting from any accident damage or injury to persons or 15.5 if the licensee is an individual, the licensee: property occurring at the site, including loss or damage to the 15.5.1 becomes bankrupt or assigns its estate or licensee’s fixtures or personal property of the licensee. enters into a deed of arrangement or other 12. Public Risk Insurance form of composition for the benefit of the The licensee shall at its own cost and expense during the term licensee’s creditors; or effect and keep in full force and effect in respect of the site and 15.5.2 is convicted of an indictable offence. the permitted use a policy of public risk insurance in the joint Termination of this licence by the Minister shall be names of the licensee and the Minister in which the limits of without prejudice to any rights, remedies or actions public risk shall not be less than the amount specified in Item 2 of that the Minister may have against the licensee in Schedule 3 of this licence, or such further amount as the Minister respect of any antecedent breach by the licensee of may from time to time reasonably require, as the amount which the terms and conditions contained in this licence. may be paid out in respect of any one single claim and a policy of insurance or copy thereof or a certificate of insurance shall be 16. Interpretation produced by the licensee to the Minister on request in writing Subject to any inconsistency of subject or context, the being made by the Minister for its production. following rules of construction shall be used in the interpretation 13. Guarantee or Indemnity Scheme of this licence: The licensee must either: 16.1 any word importing the plural includes the singular and vice versa; 13.1 provide a guarantee from its bankers; or 16.2 any wording importing a gender shall include all 13.2 contribute to an indemnity scheme established for other genders; the aquaculture and fisheries industry and approved by the Minister, 16.3 a reference to a body corporate shall include a natural person and vice versa; to and in favour of and for the benefit of the Minister by way of security for the due and punctual performance by the licensee of 16.4 a reference to a recital, party, clause, Schedule or the terms and conditions of this licence and in particular the Annexure is a reference to a recital, party, clause, obligations of the licensee to rehabilitate the site immediately Schedule or Annexure of this licence; prior to the expiration or sooner determination of the term of 16.5 the captions, headings, section numbers and clause this licence. Such guarantee or indemnity scheme must have numbers appearing in this licence are inserted only as effect from the date of commencement of the term. a matter of convenience and in no way affect the 14. No Assignment construction of this licence; The licensee acknowledges that this licence is personal and it 16.6 a reference to a statute shall include all statutes must not assign or sublet or deal in any other way with any amending, consolidating or replacing the statutes interest in this licence. referred to; 15. Default by Licensee and Termination 16.7 where two or more persons are named as licensees, this licence shall bind the licensees jointly and each of The Minister may terminate this licence immediately by notice them severally; and in writing served on the licensee if: 16.8 time is of the essence in respect of any obligation 15.1 the licensee commits or permits any breach or relating to time in this licence. default of the obligations imposed on the licensee by this licence, and following the giving by the Minister 17. Delegation of written notice of such breach or default, the Any consent, notice, any consultation or any other thing licensee either fails to rectify such breach or default which is pursuant to the terms of this licence either required to be within one calendar month of the date of such notice given, done or performed or which may be given, done or (or earlier if the circumstances require) or fails to performed by the Minister may for the purposes of this licence be make diligent progress towards rectifying any such properly given, done or performed by any duly authorised agent breach which is incapable of rectification within the or employee of the Minister. time so limited; or 18. Severance 15.2 the licensee commits or permits any further breach or default of the obligations imposed on the licensee If any term or condition of this licence should be for any by this licence for which the Minister has previously reason unlawful, void, invalid or unenforceable then the offending given notice in writing of such breach or default term or condition shall be severed from this licence without pursuant to paragraph 1 of condition 15.1 notwith- affecting the validity or enforceability of the remainder of this standing rectification of the previous breach or licence. default; or 19. Modification 15.3 the licence fee referred to in condition 8 is unpaid No variation of or addition to any provision of this licence for a period of 14 days after notice has been given to shall be binding upon the Minister and the licensee unless such the licensee that it is outstanding; or variation or addition is made in writing, signed by both the 15.4 if the licensee is a body corporate, any of the Minister and the licensee and expressed to be either supplemental following occur: to or in substitution for the whole or a part of this licence. 15.4.1 the licensee is unable to pay its debts as and when they fall due or is otherwise insolvent; 15.4.2 an order is made for the winding up or liquidation of the licensee; 2286 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

20. Waiver SCHEDULE 1 20.1 A waiver of any provision of this licence by the Item 1—The Site Minister must both be in writing and be signed by the Area applicable to this licence: Minister or by persons duly authorised to execute such a document on the Minister’s part. Licensed Area Licensed Hectares 20.2 No waiver by the Minister of a breach of a term or AGD 66¾Zone 53 condition contained in this licence shall operate as a waiver of any breach of the same or any other term 755489E 6135174N 10 or condition contained in this licence. 755417E 6134780N 755417E 6134643N 20.3 No forbearance, delay or indulgence by the Minister 755518E 6134643N in enforcing the provisions of this licence shall 755519E 6134770N prejudice or restrict the rights of the Minister. 755638E 6134762N 21. Notices 755704E 6135146N 21.1 Notices may be served by delivering the same All structures, equipment, buoys and flotations (except for that personally, by mail or facsimile transmission and shall required by the Department for Transport, Urban Planning and be: the Arts) must be black, dark grey, dark blue, dark brown, or dark green coloured materials. 21.1.1 in writing addressed to the Director of Fisheries, PIRSA, 16th Floor, 25 Grenfell The boundary of the site to be marked either with: Street, Adelaide, S.A. 5000 (in the case of (a) (1) At the corners with posts extending 900 mm above the Minister) and to the address of the mean high water springs. Such posts to be marked licensee set out above (in the case of the with a St Andrews cross, each cross arm measuring licensee); 900 mm from tip to tip, minimum width 75 mm. 21.1.2 signed by or on behalf of the sender or by a (2) Posts to be not less than 125 mm in diameter. person duly authorised in that regard by the sender; (3) Posts and crosses to be painted yellow. 21.1.3 deemed to be duly served or made in the (4) The ends of each cross to be marked with a following circumstances: 200 mm strip of yellow retro-reflective tape. (a) if delivered, upon delivery; (5) Between the corner posts at intervals not exceeding 50 m, buoys not less than 300 mm in diameter. (b) if sending by mail, upon posting; (6) All buoys, posts, crosses and markers must be (c) if sent by facsimile transmission, upon maintained in good condition. the sender’s facsimile producing a transmission report that the facsimile or was satisfactorily sent in its entirety to (b) (1) At each corner, yellow spar buoys with a St the addressee’s facsimile number, Andrews cross as a top mark placed at least but if delivery is not made before 5 p.m. on 900 mm above the buoy, cross arms 900 mm long x any day it shall be deemed to be received at 75 mm wide. 9 a.m. on the next day in that place. (2) The buoys and topmarks must all be coloured 21.2 The Minister and the licensee may each vary their yellow and marked with a yellow retro-reflective as address or facsimile number at any time by written in (a) (4). notice. (3) All buoys, posts, crosses and markers must be 22. SASQAP maintained in good condition. 22.1 The licensee: When the site is in navigable water and possible danger to navigation, lights must be placed on the top of each St Andrews 22.1.1 must submit to the Manager, South cross that is located at each corner of the site and these lights Australian Shellfish Quality Assurance must be yellow in colour and flashing once every 4 seconds and Program (‘SASQAP’) for testing such visible over an arc of 360 degrees for a distance of at least one sample as the Manager, SASQAP requires of mile. the fish farmed at the site and specified in Item 1.1 of Schedule 2; Item 2—Marked-Off Areas 22.1.2 must comply with all reasonable require- [Co-ordinates of developed areas within the site to be provided ments of the Manager, SASQAP in relation by the licensee.] to such testing; and White buoys of at least 12 inches in diameter must be placed 22.1.3 must obtain the written consent of the around the whole of the perimeter of the developed areas within Manager, SASQAP, prior to making any of the site at a distance of no less than 50 m from one another. the fish farmed at the site and specified in SCHEDULE 2 Item 1.1 of Schedule 2, available for human consumption. Item 1¾Permitted Species Granted on behalf of the Minister by Director of Fisheries, The Director of Fisheries has, pursuant to section 50 (2) of the delegate of the Minister, on 4 November 1999. Act, issued a permit for the release of the fish specified in this Schedule. G. R. MORGAN, Director of Fisheries Pacific Oysters (Crassostrea gigas) The licensee hereby acknowledges and agrees to the terms and conditions of this licence. Item 1.1—Fish subject to SASQAP testing (Crassostrea gigas) Signed by the said R. COLLINS Pacific Oysters In the presence of: R. E. COLLINS, Witness 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2287

Item 2¾Permitted Farming Methods FISHERIES ACT 1982 The Director of Fisheries has, pursuant to section 48G (2) of MARINE MOLLUSC FARMING LICENCE FM00096 the Act, issued a permit to disturb the seabed for the purpose of (PREVIOUS LICENCE NO. F772) installing the structures specified in this Schedule. Licence to Farm Fish under section 53 of the Fisheries Longlines Act 1982 Each unit must not exceed 100 m in length and 2 m in width, WHEREAS the Director of Fisheries has, pursuant to section and each unit must be at least 6 m from any other unit. 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to Item 3¾Stocking Rates the undermentioned licensee to release the fish specified in Item 1 of Schedule 2 of this licence (‘the permitted species’) and, Oysters pursuant to section 48G (2) of the Act, the Director of Fisheries Size (mm) Number per Hectare has also issued a permit to disturb the seabed for the purpose of installing structures necessary for the licensed activity at the 3 2 500 000 undermentioned site, the Minister for Primary Industries, Natural 10 1 600 000 Resources and Regional Development (‘the Minister’) hereby 20 1 100 000 grants to: 30 750 000 40 500 000 Cowell Property Pty Ltd, 50 350 000 4 Shaftsbury Terrace 60 200 000 Marino, S.A. 5049, 70 150 000 a non-exclusive licence to occupy and use the waters specified in 80 100 000 Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of SCHEDULE 3 farming and taking the permitted species (‘the permitted use’) for the period commencing on 1 July 1999 and ending, subject to any Item 1—Fees earlier termination under this licence, on 30 June 2000 (‘the Annual licence fees are: Charged at 9 months term’) subject to the following terms and conditions: $ CONDITIONS OF THIS LICENCE Fisheries Research and Development Corporation 1. Licence Levy per hectare 10 at $12.50 each...... 93.75 The parties acknowledge and agree that: Environmental Monitoring Program Fee per hectare 10 at $22.96 each...... 172.20 1.1 the rights, powers and privileges granted to or vested in Base Licence Fee per hectare 10 at $57 each...... 427.50 the licensee under this licence are contractual only and SASQAP (Classified Area) per hectare, 10 at $60 each.. 450.00 shall not create or vest in the licensee any estate, Total Annual Licence Fee ...... 1 143.45 interest or right of a proprietary nature in the site; and Quarterly Instalments...... 285.86 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 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 of authority that provided certification that stock was The licensee: free from disease). 5.1 must not stock the permitted species at a rate greater 10. If any fish were brought into the state, the number of than that specified in Schedule 2 of this licence; fish and the life stage of the fish. 5.2 must not use the anti-fouling chemical tributyltin (TBT) 11. If fish were brought into the state, the purpose for which on any equipment used at the site; they were brought in. 5.3 must not use any chemical or drug for either therapeutic 12. Method of disposal of water and packaging use for or prophylactic purpose except with the prior approval transporting the fish. of the Minister; 13. If any disease or symptom of disease occurred in the 5.4 must apply the permitted farming methods set out in acquired fish. Item 2 of Schedule 2 of this licence. 14. Method of disposal of diseased or dead fish and the 6. Marking and Maintaining the Site number disposed of. The licensee: 15. Signature, date and telephone number. 6.1 must ensure that the site is maintained in a good, tidy 16. Use of any chemicals for fish husbandry—type of and safe condition to the satisfaction of the Minister; chemical and quantity used, purpose and date of use. 2288 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

15.5.2 is convicted of an indictable offence. the Minister) and to the address of the Termination of this licence by the Minister shall be licensee set out above (in the case of the without prejudice to any rights, remedies or actions licensee); that the Minister may have against the licensee in 21.1.2 signed by or on behalf of the sender or by a respect of any antecedent breach by the licensee of person duly authorised in that regard by the the terms and conditions contained in this licence. sender; 16. Interpretation 21.1.3 deemed to be duly served or made in the Subject to any inconsistency of subject or context, the following circumstances: following rules of construction shall be used in the interpretation (a) if delivered, upon delivery; of this licence: (b) if sending by mail, upon posting; 16.1 any word importing the plural includes the singular (c) vice versa if sent by facsimile transmission, upon and ; the sender’s facsimile producing a 16.2 any wording importing a gender shall include all transmission report that the facsimile other genders; was satisfactorily sent in its entirety to 16.3 a reference to a body corporate shall include a the addressee’s facsimile number, natural person and vice versa; but if delivery is not made before 5 p.m. on 16.4 a reference to a recital, party, clause, Schedule or any day it shall be deemed to be received at Annexure is a reference to a recital, party, clause, 9 a.m. on the next day in that place. Schedule or Annexure of this licence; 21.2 The Minister and the licensee may each vary their 16.5 the captions, headings, section numbers and clause address or facsimile number at any time by written numbers appearing in this licence are inserted only as notice. a matter of convenience and in no way affect the Granted on behalf of the Minister by Director of Fisheries, construction of this licence; delegate of the Minister, on 3 November 1999. 16.6 a reference to a statute shall include all statutes G. R. MORGAN, Director of Fisheries amending, consolidating or replacing the statutes The licensee hereby acknowledges and agrees to the terms and referred to; conditions of this licence. 16.7 where two or more persons are named as licensees, The Common Seal of Cowell Properties Company Ltd was this licence shall bind the licensees jointly and each of hereunto affixed in the presence of: them severally; and N. G. MASLEN, Director 16.8 time is of the essence in respect of any obligation relating to time in this licence. R. J. BRICE, Secretary 17. Delegation SCHEDULE 1 Any consent, notice, any consultation or any other thing Item 1—The Site which is pursuant to the terms of this licence either required to be Area applicable to this licence: given, done or performed or which may be given, done or performed by the Minister may for the purposes of this licence be Licensed Area Licensed properly given, done or performed by any duly authorised agent Hectares or employee of the Minister. AGD 66—Zone 53 18. Severance 676184E 6266519N 10 676480E 6266741N If any term or condition of this licence should be for any 676753E 6266963N reason unlawful, void, invalid or unenforceable then the offending 676844E 6266849N term or condition shall be severed from this licence without 676631E 6266566N affecting the validity or enforceability of the remainder of this 676288E 6266450N licence. All structures, equipment, buoys and flotations (except for that 19. Modification required by the Department for Transport, Urban Planning and No variation of or addition to any provision of this licence the Arts) must be black, dark grey, dark blue, dark brown, or dark shall be binding upon the Minister and the licensee unless such green coloured materials. variation or addition is made in writing, signed by both the The boundary of the site to be marked either with: Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. (a) (1) At the corners with posts extending 900 mm above mean high water springs. Such posts to be marked 20. Waiver with a St Andrews cross, each cross arm measuring 20.1 A waiver of any provision of this licence by the 900 mm from tip to tip, minimum width 75 mm. Minister must both be in writing and be signed by the (2) Posts to be not less than 125 mm in diameter. Minister or by persons duly authorised to execute such a document on the Minister’s part. (3) Posts and crosses to be painted yellow. 20.2 No waiver by the Minister of a breach of a term or (4) The ends of each cross to be marked with a condition contained in this licence shall operate as a 200 mm strip of yellow retro-reflective tape. waiver of any breach of the same or any other term (5) Between the corner posts at intervals not exceeding or condition contained in this licence. 50 m, buoys not less than 300 mm in diameter. 20.3 No forbearance, delay or indulgence by the Minister (6) All buoys, posts, crosses and markers must be in enforcing the provisions of this licence shall maintained in good condition. prejudice or restrict the rights of the Minister. or 21. Notices (b) (1) At each corner, yellow spar buoys with a St 21.1 Notices may be served by delivering the same Andrews cross as a top mark placed at least personally, by mail or facsimile transmission and shall 900 mm above the buoy, cross arms 900 mm long x be: 75 mm wide. 21.1.1 in writing addressed to the Director of (2) The buoys and topmarks must all be coloured Fisheries, PIRSA, 16th Floor, 25 Grenfell yellow and marked with a yellow retro-reflective as Street, Adelaide, S.A. 5000 (in the case of in (a) (4). (3) 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 2290 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999 cross that is located at each corner of the site and these lights 8. Details of any disease detected in any fish kept. must be yellow in colour and flashing once every 4 seconds and visible over an arc of 360 degrees for a distance of at least one 9. Source (whether interstate or intrastate) of any stock mile. acquired and date of acquisition (if relevant, include name of authority that provided certification that stock was Item 2—Marked-Off Areas free from disease). [Co-ordinates of developed areas within the site to be provided 10. If any fish were brought into the state, the number of by the licensee.] fish and the life stage of the fish. White buoys of at least 12 inches in diameter must be placed 11. If fish were brought into the state, the purpose for which around the whole of the perimeter of the developed areas within they were brought in. the site at a distance of no less than 50 m from one another. 12. Method of disposal of water and packaging use for SCHEDULE 2 transporting the fish. Item 1¾Permitted Species 13. If any disease or symptom of disease occurred in the The Director of Fisheries has, pursuant to section 50 (2) of the acquired fish. Act, issued a permit for the release of the fish specified in this 14. Method of disposal of diseased or dead fish and the Schedule. number disposed of. Pacific Oysters (Crassostrea gigas) 15. Signature, date and telephone number. Item 2¾Permitted Farming Methods 16. Use of any chemicals for fish husbandry—type of The Director of Fisheries has, pursuant to section 48G (2) of chemical and quantity used, purpose and date of use. the Act, issued a permit to disturb the seabed for the purpose of installing the structures specified in this Schedule. FISHERIES ACT 1982: SECTION 48G (2) Longlines TAKE notice that pursuant to section 48G (2) of the Fisheries Each unit must not exceed 100 m in length and 2 m in width, Act 1982, I hereby authorise Cowell Property Pty Ltd, 4 and each unit must be at lease 5 m from any other unit. Shaftsbury Terrace, Marino, S.A. 5049 (hereinafter referred to as Item 3¾Stocking Rates the ‘permit holder’) to disturb the seabed of the site specified in Item 1 of the Schedule for the purpose only of installing the Oysters structures specified in Item 2 of the Schedule in accordance with Size (mm) Number per Hectare Marine Mollusc Farming Licence Number FM00096, (such structures not to be installed on the seabed itself) for the period 3 2 500 000 commencing 1 July 1999 and ending upon the expiration or 10 1 600 000 earlier termination of Marine Mollusc Farming Licence Number 20 1 100 000 FM00096, issued pursuant to section 53 of the Fisheries Act 30 750 000 1982. 40 500 000 50 350 000 SCHEDULE 1 60 200 000 Item 1—Location Co-ordinates 70 150 000 80 100 000 Licensed Area Licensed Hectares SCHEDULE 3 AGD 66—Zone 53 Item 1—Fees 676184E 6266519N 10 Annual licence fees are: 676480E 6266741N 676753E 6266963N $ 676844E 6266849N FRDC Levy per hectare 10 at $12.50...... 125.00 676631E 6266566N EMP Fee per hectare 10 at $22.96 each...... 229.60 676288E 6266450N Base Licence Fee per hectare 10 at $57 each...... 570.00 SASQAP (Classified Area) per hectare 10 at Item 2—Structures to be installed $60 each...... 600.00 Longlines Total Annual Licence Fee ...... 1 524.60 Each unit must not exceed 100 m in length and 2 m in width Quarterly Instalments...... 381.15 and each unit must be at least 6 m from any other unit. Item 2—Public Risk Insurance Dated 3 Novmeber 1999. Five million dollars ($5 000 000). G. R. MORGAN, Director of Fisheries SCHEDULE 4 FISHERIES ACT 1982: SECTION 50 (2) Returns TAKE notice that pursuant to section 50 (2) of the Fisheries Act The licensee must submit the following information to the 1982, I hereby authorise Cowell Property Pty Ltd, 4 Shaftsbury Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 Terrace, Marino, S.A. 5049 (hereinafter referred to as the Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and ‘permit holder’) to engage in the activities and to do the acts 31 July during the term of this licence: specified in Schedule 1, subject to the conditions specified in 1. Name of licensee. Schedule 2 from the date of this permit ending upon the expiration or earlier termination of Licence Number FM00036. 2. Address of licensee. SCHEDULE 1 3. Species of fish farmed and held on the site. The importation and release of Pacific Oysters, (Crassostrea 4. Location of aquaculture operation. gigas) within the waters defined by the following co-ordinates: 5. Period covered by return. Licensed Area Licensed 6. Number of life stage of each species of fish held. Hectares AGD 66—Zone 53 7. Number, weight and value of each species of fish held. 676184E 6266519N 10 676480E 6266741N 676753E 6266963N 676844E 6266849N 676631E 6266566N 676288E 6266450N 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2291

SCHEDULE 2 3. Permitted Species 1. Fish obtained within South Australia for use in the fish farm The licensee: shall only be obtained from registered fish farmers, licensed 3.1 must not farm or introduce any species at the site other fishers or other persons approved by the Director of Fisheries. than the permitted species; and 2. The permit holder shall not import any live fish (ova, fry or 3.2 must not take any wild fish from the site except for adult) into South Australia unless the shipment has certification recreational purposes. from an appropriate authority in the State from which they are obtained that they are free from all relevant notifiable diseases 4. Permitted Use listed in Schedule 4 of the Fisheries (Exotic Fish, Fish Farming The licensee must not use the site for any purpose other than and Fish Diseases) Regulations 1984. the permitted use. 3. Any oysters brought into South Australia must undergo a 5. Permitted Methods soakage process whereby they are completely submerged in fresh water for a period of not less than 2 hours before being placed in The licensee: the approved structures. Fresh water is deemed to be water 5.1 must not stock the permitted species at a rate greater suitable for human consumption or horticultural or agricultural than that specified in Schedule 2 of this licence; use. 5.2 must not use the anti-fouling chemical tributyltin (TBT) 4. The permit holder shall not contravene or fail to comply on any equipment used at the site; with the Fisheries Act 1982, or any regulations made under the Act, except where specifically permitted by this notice. 5.3 must not use any chemical or drug for either therapeutic or prophylactic purpose except with the prior approval 5. The permit holder must retain the copy of this permit which of the Minister; has been supplied by the Director of Fisheries, and if requested by a Fisheries and Aquaculture Officer, produce that permit for 5.4 must apply the permitted farming methods set out in inspection. Item 2 of Schedule 2 of this licence. Dated 3 November 1999. 6. Marking and Maintaining the Site G. R. MORGAN, Director of Fisheries The licensee: 6.1 must ensure that the site is maintained in a good, tidy and safe condition to the satisfaction of the Minister; FISHERIES ACT 1982 6.2 must remove and lawfully dispose of any waste or debris MARINE MOLLUSC FARMING LICENCE FM00098 on the site as soon as is reasonably practicable and in (PREVIOUS LICENCE NO. F774) particular must comply with any guidelines issued from Licence to Farm Fish under section 53 of the Fisheries time to time by the Minister in relation to the removal Act 1982 from the site of any unhealthy or dead fish; WHEREAS the Director of Fisheries has, pursuant to section 6.3 must maintain all buoys, crosses, and markers on the site 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to in good condition and in accordance with the colours the undermentioned licensee to release the fish specified in specified in Schedule 1 of this licence; and Item 1 of Schedule 2 of this licence (‘the permitted species’) and, 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 installing structures necessary for the licensed activity at the 7. Site Inspection and Supervision undermentioned site, the Minister for Primary Industries, Natural The licensee: Resources and Regional Development (‘the Minister’) hereby grants to: 7.1 must at all times permit the Minister, his employees, agents or contractors or any employees, agents or Colmion Pty Ltd (12214) contractors of the Crown to enter the site for the 1 Brentwood Street purposes of inspecting the site, the sea floor and the Stansbury, S.A. 5582, flora and fauna on or in the vicinity of the site; and a non-exclusive licence to occupy and use the waters specified in 7.2 must comply with all reasonable directions of any such Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of person authorised by the Director of Fisheries to inspect farming and taking the permitted species (‘the permitted use’) for the conduct of the licensee’s activities at the site. the period commencing on 1 July 1999 and ending, subject to any earlier termination under this licence, on 30 June 2000 (‘the 8. Fees and Returns term’) subject to the following terms and conditions: The licensee: CONDITIONS OF THIS LICENCE 8.1 must pay to the Minister the licence fee in accordance 1. Licence with Item l of Schedule 3 of this licence; The parties acknowledge and agree that: 8.2 must on or before 31 January and 31 July during the 1.1 the rights, powers and privileges granted to or vested in term, submit to the Minister a return supplying all of the licensee under this licence are contractual only and the information described in Schedule 4 of this licence. shall not create or vest in the licensee any estate, 9. Compliance With Relevant Laws interest or right of a proprietary nature in the site; and 9.1 the licensee must at all times comply with all laws, by- 1.2 that, subject to section 53A of the Fisheries Act 1982, laws or regulations in force which relate to the site or this licence does not entitle the licensee to exclusive the activities conducted in the site and with all notices, rights of entry to and occupation of the site and that orders or requirements lawfully given or made by any the rights granted by this licence are exercisable by the authority or authorities in respect of the site; licensee in common with any other occupiers of the site from time to time. 9.2 in particular, without derogating from the general requirement under condition 9 of this licence: 2. Marked-off Areas 9.2.1 the licensee must not do or permit to be done in For the purposes of section 53A of the Fisheries Act 1982, the upon or about the site anything which in the marked-off areas within the site is that area or those areas opinion of the Minister would cause or contribute marked-off or indicated in the manner set out in Item 2 of to the degradation or pollution of any coastal Schedule 1 of this licence. land or the surrounding marine environment; and 2292 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

No variation of or addition to any provision of this licence SCHEDULE 1 shall be binding upon the Minister and the licensee unless such Item 1—The Site variation or addition is made in writing, signed by both the Minister and the licensee and expressed to be either supplemental Area applicable to this licence: to or in substitution for the whole or a part of this licence. Licensed Area Licensed 20. Waiver Hectares AGD 66¾Zone 53 20.1 A waiver of any provision of this licence by the Minister must both be in writing and be signed by the 758210E 6133881N 10 Minister or by persons duly authorised to execute such 758406E 6133840N a document on the Minister’s part. 758302E 6133351N 758106E 6133392N 20.2 No waiver by the Minister of a breach of a term or condition contained in this licence shall operate as a All structures, equipment, buoys and flotations (except for that waiver of any breach of the same or any other term required by the Department for Transport, Urban Planning and or condition contained in this licence. the Arts) must be black, dark grey, dark blue, dark brown, or dark green coloured materials. 20.3 No forbearance, delay or indulgence by the Minister in enforcing the provisions of this licence shall The boundary of the site to be marked either with: prejudice or restrict the rights of the Minister. (a) (1) At the corners with posts extending 900 mm above 21. Notices mean high water springs. Such posts to be marked with a St Andrews cross, each cross arm measuring 21.1 Notices may be served by delivering the same 900 mm from tip to tip, minimum width 75 mm. personally, by mail or facsimile transmission and shall be: (2) Posts to be not less than 125 mm in diameter. 21.1.1 in writing addressed to the Director of (3) Posts and crosses to be painted yellow. Fisheries, PIRSA, 16th Floor, 25 Grenfell (4) The ends of each cross to be marked with a Street, Adelaide, S.A. 5000 (in the case of 200 mm strip of yellow retro-reflective tape. the Minister) and to the address of the licensee set out above (in the case of the (5) Between the corner posts at intervals not exceeding licensee); 50 m, buoys not less than 300 mm in diameter. 21.1.2 signed by or on behalf of the sender or by a (6) All buoys, posts, crosses and markers must be person duly authorised in that regard by the maintained in good condition. sender; or 21.1.3 deemed to be duly served or made in the (b) (1) At each corner, yellow spar buoys with a St following circumstances: Andrews cross as a top mark placed at least (a) if delivered, upon delivery; 900 mm above the buoy, cross arms 900 mm long x 75 mm wide. (b) if sending by mail, upon posting; (2) The buoys and topmarks must all be coloured (c) if sent by facsimile transmission, upon yellow and marked with a yellow retro-reflective as the sender’s facsimile producing a in (a) (4). transmission report that the facsimile was satisfactorily sent in its entirety to (3) All buoys, posts, crosses and markers must be the addressee’s facsimile number, maintained in good condition. but if delivery is not made before 5 p.m. on When the site is in navigable water and possible danger to any day it shall be deemed to be received at navigation, lights must be placed on the top of each St Andrews 9 a.m. on the next day in that place. cross that is located at each corner of the site and these lights must be yellow in colour and flashing once every 4 seconds and 21.2 The Minister and the licensee may each vary their visible over an arc of 360 degrees for a distance of at least one address or facsimile number at any time by written mile. notice. Item 2—Marked-Off Areas 22. SASQAP [Co-ordinates of developed areas within the site to be provided 22.1 The licensee: by the licensee.] 22.1.1 must submit to the Manager, South White buoys of at least 12 inches in diameter must be placed Australian Shellfish Quality Assurance around the whole of the perimeter of the developed areas within Program (‘SASQAP’) for testing such the site at a distance of no less than 50 m from one another. sample as the Manager, SASQAP requires of the fish farmed at the site and specified in SCHEDULE 2 Item 1.1 of Schedule 2; Item 1¾Permitted Species 22.1.2 must comply with all reasonable require- 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 Pacific Oysters (Crassostrea gigas) Manager, SASQAP, prior to making any of Item 1.1—Fish subject to SASQAP testing the fish farmed at the site and specified in Item 1.1 of Schedule 2, available for human Pacific Oysters (Crassostrea gigas) 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 November 1999. the Act, issued a permit to disturb the seabed for the purpose of G. R. MORGAN, Director of Fisheries installing the structures specified in this Schedule. The licensee hereby acknowledges and agrees to the terms and Longlines conditions of this licence. Each unit must not exceed 100 m in length and 2 m in width, The Common Seal of Colmion Pty Ltd was hereunto affixed in and each unit must be at least 6 m from any other unit. the presence of: (L.S.) M. P. DEE, Director 2294 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

Item 3¾Stocking Rates FISHERIES ACT 1982: SECTION 48G (2) Oysters TAKE notice that pursuant to section 48G (2) of the Fisheries Size (mm) Number per Hectare Act 1982, I hereby authorise Colmion Pty Ltd, 1 Brentwood Street, Stansbury, S.A. 5582 (hereinafter referred to as the 3 2 500 000 ‘permit holder’) to disturb the seabed of the site specified in Item 10 1 600 000 1 of the Schedule for the purpose only of installing the structures 20 1 100 000 specified in Item 2 of the Schedule in accordance with Marine 30 750 000 Mollusc Farming Licence Number FM00098, (such structures not 40 500 000 to be installed on the seabed itself) for the period commencing 1 50 350 000 July 1999 and ending upon the expiration or earlier termination 60 200 000 of Marine Mollusc Farming Licence Number FM00098, issued 70 150 000 pursuant to section 53 of the Fisheries Act 1982. 80 100 000 SCHEDULE 1 SCHEDULE 3 Item 1—Location Co-ordinates Item 1—Fees Licensed Area Licensed Annual licence fees are: Hectares $ AGD 66—Zone 53 Fisheries Research and Development Corporation 758210E 6133881N 10 Levy per hectare 10 at $12.50 each...... 125.00 758406E 6133840N Environmental Monitoring Program Fee per hectare 758302E 6133351N 10 at $22.96 each...... 229.60 758106E 6133392N Base Licence Fee per hectare 10 at $57 each...... 570.00 Item 2—Structures to be installed SASQAP (Classified Area) per hectare, 10 at $60 each.. 600.00 Total Annual Licence Fee ...... 1 524.60 Longlines Quarterly Instalments...... 381.15 Each unit must not exceed 100 m in length and 2 m in width Item 2—Public Risk Insurance and each unit must be at least 6 m from any other unit. Dated 3 November 1999. Five million dollars ($5 000 000). G. R. MORGAN, Director of Fisheries SCHEDULE 4 Returns FISHERIES ACT 1982: SECTION 50 (2) The licensee must submit the following information to the TAKE notice that pursuant to section 50 (2) of the Fisheries Act Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 1982, I hereby authorise Colmion Pty Ltd, 1 Brentwood Street, Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and Stansbury, S.A. 5582 (hereinafter referred to as the ‘permit 31 July during the term of this licence: holder’) to engage in the activities and to do the acts specified in 1. Name of licensee. Schedule 1, subject to the conditions specified in Schedule 2 from the date of this permit ending upon the expiration or earlier 2. Address of licensee. termination of Licence Number FM00098. 3. Species of fish farmed and held on the site. SCHEDULE 1 4. Location of aquaculture operation. The importation and release of Pacific Oysters, (Crassostrea 5. Period covered by return. gigas) within the waters defined by the following co-ordinates: 6. Number of life stage of each species of fish held. Licensed Area Licensed 7. Number, weight and value of each species of fish held. Hectares AGD 66—Zone 53 8. Details of any disease detected in any fish kept. 758210E 6133881N 10 9. Source (whether interstate or intrastate) of any stock 758406E 6133840N acquired and date of acquisition (if relevant, include name 758302E 6133351N of authority that provided certification that stock was 758106E 6133392N free from disease). SCHEDULE 2 10. If any fish were brought into the state, the number of 1. Fish obtained within South Australia for use in the fish farm fish and the life stage of the fish. shall only be obtained from registered fish farmers, licensed 11. If fish were brought into the state, the purpose for which fishers or other persons approved by the Director of Fisheries. they were brought in. 2. The permit holder shall not import any live fish (ova, fry or 12. Method of disposal of water and packaging use for adult) into South Australia unless the shipment has certification transporting the fish. from an appropriate authority in the State from which they are obtained that they are free from all relevant notifiable diseases 13. If any disease or symptom of disease occurred in the listed in Schedule 4 of the Fisheries (Exotic Fish, Fish Farming acquired fish. and Fish Diseases) Regulations 1984. 14. Method of disposal of diseased or dead fish and the 3. Any oysters brought into South Australia must undergo a number disposed of. soakage process whereby they are completely submerged in fresh 15. Signature, date and telephone number. water for a period of not less than 2 hours before being placed in 16. Use of any chemicals for fish husbandry—type of the approved structures. Fresh water is deemed to be water chemical and quantity used, purpose and date of use. suitable for human consumption or horticultural or agricultural use. 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2295

4. The permit holder shall not contravene or fail to comply 5.2 must not use the anti-fouling chemical tributyltin (TBT) with the Fisheries Act 1982, or any regulations made under the on any equipment used at the site; Act, except where specifically permitted by this notice. 5.3 must not use any chemical or drug for either therapeutic 5. The permit holder must retain the copy of this permit which or prophylactic purpose except with the prior approval has been supplied by the Director of Fisheries, and if requested by of the Minister; a Fisheries and Aquaculture Officer, produce that permit for 5.4 must apply the permitted farming methods set out in inspection. Item 2 of Schedule 2 of this licence. Dated 3 November 1999. 6. Marking and Maintaining the Site G. R. MORGAN, Director of Fisheries The licensee: 6.1 must ensure that the site is maintained in a good, tidy and safe condition to the satisfaction of the Minister; FISHERIES ACT 1982 6.2 must remove and lawfully dispose of any waste or debris MARINE MOLLUSC FARMING LICENCE FM00099 on the site as soon as is reasonably practicable and in (PREVIOUS LICENCE NO. F775) particular must comply with any guidelines issued from Licence to Farm Fish under section 53 of the Fisheries time to time by the Minister in relation to the removal Act 1982 from the site of any unhealthy or dead fish; WHEREAS the Director of Fisheries has, pursuant to section 6.3 must maintain all buoys, crosses, and markers on the site 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to in good condition and in accordance with the colours the undermentioned licensee to release the fish specified in specified in Schedule 1 of this licence; and Item 1 of Schedule 2 of this licence (‘the permitted species’) and, 6.4 must mark the site boundary in accordance with the pursuant to section 48G (2) of the Act, the Director of Fisheries specifications in Schedule 1 of this licence. has also issued a permit to disturb the seabed for the purpose of 7. Site Inspection and Supervision installing structures necessary for the licensed activity at the undermentioned site, the Minister for Primary Industries, Natural The licensee: Resources and Regional Development (‘the Minister’) hereby 7.1 must at all times permit the Minister, his employees, grants to: agents or contractors or any employees, agents or Colmion Pty Ltd (12214) contractors of the Crown to enter the site for the 1 Brentwood Street purposes of inspecting the site, the sea floor and the Stansbury, S.A. 5582, flora and fauna on or in the vicinity of the site; and a non-exclusive licence to occupy and use the waters specified in 7.2 must comply with all reasonable directions of any such Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of person authorised by the Director of Fisheries to inspect farming and taking the permitted species (‘the permitted use’) for the conduct of the licensee’s activities at the site. the period commencing on 1 July 1999 and ending, subject to any 8. Fees and Returns earlier termination under this licence, on 30 June 2000 (‘the term’) subject to the following terms and conditions: The licensee: CONDITIONS OF THIS LICENCE 8.1 must pay to the Minister the licence fee in accordance 1. Licence with Item l of Schedule 3 of this licence; The parties acknowledge and agree that: 8.2 must on or before 31 January and 31 July during the term, submit to the Minister a return supplying all of 1.1 the rights, powers and privileges granted to or vested in the information described in Schedule 4 of this licence. the licensee under this licence are contractual only and shall not create or vest in the licensee any estate, 9. Compliance With Relevant Laws interest or right of a proprietary nature in the site; and 9.1 the licensee must at all times comply with all laws, by- 1.2 that, subject to section 53A of the Fisheries Act 1982, laws or regulations in force which relate to the site or this licence does not entitle the licensee to exclusive the activities conducted in the site and with all notices, rights of entry to and occupation of the site and that orders or requirements lawfully given or made by any the rights granted by this licence are exercisable by the authority or authorities in respect of the site; licensee in common with any other occupiers of the site 9.2 in particular, without derogating from the general from time to time. requirement under condition 9 of this licence: 2. Marked-off Areas 9.2.1 the licensee must not do or permit to be done in For the purposes of section 53A of the Fisheries Act 1982, the upon or about the site anything which in the marked-off areas within the site is that area or those areas opinion of the Minister would cause or contribute marked-off or indicated in the manner set out in Item 2 of to the degradation or pollution of any coastal Schedule 1 of this licence. land or the surrounding marine environment; and 3. Permitted Species 9.2.2 in the event that the Minister is satisfied, on reasonable grounds, that the fish taken from the The licensee: waters are not fit for human consumption or that 3.1 must not farm or introduce any species at the site other consumption of fish taken from the waters could than the permitted species; and present a danger to the health of the consumer, the licensee must, in accordance with a written 3.2 must not take any wild fish from the site except for notice from the Minister, cease or suspend the recreational purposes. conduct of the permitted use or else conduct the 4. Permitted Use permitted use as directed within the notice. The licensee must not use the site for any purpose other than 10. Public Risk Liability the permitted use. The licensee must at all times indemnify the Minister, his 5. Permitted Methods officers, employees, contractors and agents from and against all The licensee: claims, demands, actions, judgments, proceedings, damages, losses, costs, charges and expenses in respect of any loss of life, personal 5.1 must not stock the permitted species at a rate greater injury and/or damage to property caused or suffered in any than that specified in Schedule 2 of this licence; manner in or about the site. 2296 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

11. Release 15.4.4 a receiver, a manager or a receiver and The licensee must use and keep the site at the risk in all things manager, a company administrator or other of the licensee and the licensee must release to the full extent insolvency administrator is appointed to the permitted by law the Minister, his agents, contractors and licensee; or servants in the absence of any wilful act, omission, default or 15.4.5 a mortgagee, chargee or other encum- neglect on their part from all claims and demands of every kind brancee is appointed over or takes resulting from any accident damage or injury to persons or possession of or appoints an agent to take property occurring at the site, including loss or damage to the possession of all or any of the licensee’s licensee’s fixtures or personal property of the licensee. assets; or 12. Public Risk Insurance 15.5 if the licensee is an individual, the licensee: The licensee shall at its own cost and expense during the term 15.5.1 becomes bankrupt or assigns its estate or effect and keep in full force and effect in respect of the site and enters into a deed of arrangement or other the permitted use a policy of public risk insurance in the joint form of composition for the benefit of the names of the licensee and the Minister in which the limits of licensee’s creditors; or public risk shall not be less than the amount specified in Item 2 of 15.5.2 is convicted of an indictable offence. Schedule 3 of this licence, or such further amount as the Minister may from time to time reasonably require, as the amount which Termination of this licence by the Minister shall be may be paid out in respect of any one single claim and a policy of without prejudice to any rights, remedies or actions insurance or copy thereof or a certificate of insurance shall be that the Minister may have against the licensee in produced by the licensee to the Minister on request in writing respect of any antecedent breach by the licensee of being made by the Minister for its production. the terms and conditions contained in this licence. 13. Guarantee or Indemnity Scheme 16. Interpretation The licensee must either: Subject to any inconsistency of subject or context, the following rules of construction shall be used in the interpretation 13.1 provide a guarantee from its bankers; or of this licence: 13.2 contribute to an indemnity scheme established for 16.1 any word importing the plural includes the singular the aquaculture and fisheries industry and approved by and vice versa; the Minister, 16.2 any wording importing a gender shall include all to and in favour of and for the benefit of the Minister by way of other genders; security for the due and punctual performance by the licensee of the terms and conditions of this licence and in particular the 16.3 a reference to a body corporate shall include a obligations of the licensee to rehabilitate the site immediately natural person and vice versa; prior to the expiration or sooner determination of the term of 16.4 a reference to a recital, party, clause, Schedule or this licence. Such guarantee or indemnity scheme must have Annexure is a reference to a recital, party, clause, effect from the date of commencement of the term. Schedule or Annexure of this licence; 14. No Assignment 16.5 the captions, headings, section numbers and clause The licensee acknowledges that this licence is personal and it numbers appearing in this licence are inserted only as must not assign or sublet or deal in any other way with any a matter of convenience and in no way affect the interest in this licence. construction of this licence; 15. Default by Licensee and Termination 16.6 a reference to a statute shall include all statutes amending, consolidating or replacing the statutes The Minister may terminate this licence immediately by notice referred to; in writing served on the licensee if: 16.7 where two or more persons are named as licensees, 15.1 the licensee commits or permits any breach or this licence shall bind the licensees jointly and each of default of the obligations imposed on the licensee by them severally; and this licence, and following the giving by the Minister of written notice of such breach or default, the 16.8 time is of the essence in respect of any obligation licensee either fails to rectify such breach or default relating to time in this licence. within one calendar month of the date of such notice 17. Delegation (or earlier if the circumstances require) or fails to make diligent progress towards rectifying any such Any consent, notice, any consultation or any other thing breach which is incapable of rectification within the which is pursuant to the terms of this licence either required to be time so limited; or given, done or performed or which may be given, done or performed by the Minister may for the purposes of this licence be 15.2 the licensee commits or permits any further breach properly given, done or performed by any duly authorised agent or default of the obligations imposed on the licensee or employee of the Minister. by this licence for which the Minister has previously given notice in writing of such breach or default 18. Severance pursuant to paragraph 1 of condition 15.1 notwith- If any term or condition of this licence should be for any standing rectification of the previous breach or reason unlawful, void, invalid or unenforceable then the offending default; or term or condition shall be severed from this licence without 15.3 the licence fee referred to in condition 8 is unpaid affecting the validity or enforceability of the remainder of this for a period of 14 days after notice has been given to licence. the licensee that it is outstanding; or 19. Modification 15.4 if the licensee is a body corporate, any of the No variation of or addition to any provision of this licence following occur: shall be binding upon the Minister and the licensee unless such 15.4.1 the licensee is unable to pay its debts as and variation or addition is made in writing, signed by both the when they fall due or is otherwise insolvent; Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. 15.4.2 an order is made for the winding up or liquidation of the licensee; 20. Waiver 15.4.3 the licensee enters into a scheme of 20.1 A waiver of any provision of this licence by the arrangement, compromise, moratorium or Minister must both be in writing and be signed by the other form of composition with its creditors Minister or by persons duly authorised to execute such or any class of its creditors; a document on the Minister’s part. 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2297

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 The boundary of the site to be marked either with: or condition contained in this licence. (a) (1) At the corners with posts extending 900 mm above 20.3 No forbearance, delay or indulgence by the Minister mean high water springs. Such posts to be marked in enforcing the provisions of this licence shall with a St Andrews cross, each cross arm measuring prejudice or restrict the rights of the Minister. 900 mm from tip to tip, minimum width 75 mm. Notices 21. (2) Posts to be not less than 125 mm in diameter. 21.1 Notices may be served by delivering the same (3) Posts and crosses to be painted yellow. personally, by mail or facsimile transmission and shall be: (4) The ends of each cross to be marked with a 200 mm strip of yellow retro-reflective tape. 21.1.1 in writing addressed to the Director of 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 (6) All buoys, posts, crosses and markers must be licensee set out above (in the case of the maintained in good condition. licensee); or 21.1.2 signed by or on behalf of the sender or by a 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 900 mm above the buoy, cross arms 900 mm long x 21.1.3 deemed to be duly served or made in the 75 mm wide. following circumstances: (2) The buoys and topmarks must all be coloured (a) if delivered, upon delivery; yellow and marked with a yellow retro-reflective as (b) if sending by mail, upon posting; in (a) (4). (c) if sent by facsimile transmission, upon (3) All buoys, posts, crosses and markers must be the sender’s facsimile producing a maintained in good condition. transmission report that the facsimile When the site is in navigable water and possible danger to was satisfactorily sent in its entirety to navigation, lights must be placed on the top of each St Andrews the addressee’s facsimile number, cross that is located at each corner of the site and these lights but if delivery is not made before 5 p.m. on must be yellow in colour and flashing once every 4 seconds and any day it shall be deemed to be received at visible over an arc of 360 degrees for a distance of at least one 9 a.m. on the next day in that place. mile. 21.2 The Minister and the licensee may each vary their Item 2—Marked-Off Areas address or facsimile number at any time by written [Co-ordinates of developed areas within the site to be provided notice. by the licensee.] 22. SASQAP White buoys of at least 12 inches in diameter must be placed 22.1 The licensee: 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. 22.1.1 must submit to the Manager, South Australian Shellfish Quality Assurance SCHEDULE 2 Program (‘SASQAP’) for testing such Item 1¾Permitted Species sample as the Manager, SASQAP requires of the fish farmed at the site and specified in The Director of Fisheries has, pursuant to section 50 (2) of the Item 1.1 of Schedule 2; Act, issued a permit for the release of the fish specified in this Schedule. 22.1.2 must comply with all reasonable requirements of the Manager, SASQAP in relation Pacific Oysters (Crassostrea gigas) to such testing; and Item 1.1—Fish subject to SASQAP testing 22.1.3 must obtain the written consent of the Pacific Oysters (Crassostrea gigas) Manager, SASQAP, prior to making any of the fish farmed at the site and specified in Item 2¾Permitted Farming Methods Item 1.1 of Schedule 2, available for human The Director of Fisheries has, pursuant to section 48G (2) of consumption. the Act, issued a permit to disturb the seabed for the purpose of Granted on behalf of the Minister by Director of Fisheries, installing the structures specified in this Schedule. delegate of the Minister, on 3 November 1999. Longlines G. R. MORGAN, Director of Fisheries Each unit must not exceed 100 m in length and 2 m in width, The licensee hereby acknowledges and agrees to the terms and and each unit must be at least 6 m from any other unit. conditions of this licence. Item 3¾Stocking Rates The Common Seal of Colmion Pty Ltd was hereunto affixed in Oysters the presence of: Size (mm) Number per Hectare (L.S.) M. P. DEE, Director 3 2 500 000 SCHEDULE 1 10 1 600 000 Item 1—The Site 20 1 100 000 30 750 000 Area applicable to this licence: 40 500 000 Licensed Area Licensed 50 350 000 Hectares 60 200 000 AGD 66¾Zone 53 70 150 000 80 100 000 757382E 6139649N 10 757199E 6139742N 757471E 6140166N 757642E 6140071N All structures, equipment, buoys and flotations (except for that required by the Department for Transport, Urban Planning and 2298 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

SCHEDULE 3 Each unit must not exceed 100 m in length and 2 m in width Item 1—Fees and each unit must be at least 6 m from any other unit. Annual licence fees are: Dated 9 November 1999. $ G. R. MORGAN, Director of Fisheries Fisheries Research and Development Corporation Levy per hectare 10 at $12.50 each...... 125.00 FISHERIES ACT 1982: SECTION 50 (2) Environmental Monitoring Program Fee per hectare TAKE notice that pursuant to section 50 (2) of the Fisheries Act 10 at $22.96 each...... 229.60 1982, I hereby authorise Colmion Pty Ltd, 1 Brentwood Street, Base Licence Fee per hectare 10 at $57 each...... 570.00 Stansbury, S.A. 5582 (hereinafter referred to as the ‘permit SASQAP (Classified Area) per hectare, 10 at $60 each.. 600.00 holder’) to engage in the activities and to do the acts specified in Total Annual Licence Fee ...... 1 524.60 Schedule 1, subject to the conditions specified in Schedule 2 from Quarterly Instalments...... 381.15 the date of this permit ending upon the expiration or earlier Item 2—Public Risk Insurance termination of Licence Number FM00099. SCHEDULE 1 Five million dollars ($5 000 000). The importation and release of Pacific Oysters, (Crassostrea SCHEDULE 4 gigas) within the waters defined by the following co-ordinates: Returns Licensed Area Licensed The licensee must submit the following information to the Hectares Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 AGD 66—Zone 53 Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and 757382E 6139649N 10 31 July during the term of this licence: 757199E 6139742N 1. Name of licensee. 757471E 6140166N 2. Address of licensee. 757642E 6140071N 3. Species of fish farmed and held on the site. SCHEDULE 2 4. Location of aquaculture operation. 1. Fish obtained within South Australia for use in the fish farm shall only be obtained from registered fish farmers, licensed 5. Period covered by return. fishers or other persons approved by the Director of Fisheries. 6. Number of life stage of each species of fish held. 2. The permit holder shall not import any live fish (ova, fry or 7. Number, weight and value of each species of fish held. adult) into South Australia unless the shipment has certification from an appropriate authority in the State from which they are 8. Details of any disease detected in any fish kept. obtained that they are free from all relevant notifiable diseases 9. Source (whether interstate or intrastate) of any stock listed in Schedule 4 of the Fisheries (Exotic Fish, Fish Farming acquired and date of acquisition (if relevant, include name and Fish Diseases) Regulations 1984. of authority that provided certification that stock was 3. Any oysters brought into South Australia must undergo a free from disease). soakage process whereby they are completely submerged in fresh 10. If any fish were brought into the state, the number of water for a period of not less than 2 hours before being placed in fish and the life stage of the fish. the approved structures. Fresh water is deemed to be water suitable for human consumption or horticultural or agricultural 11. If fish were brought into the state, the purpose for which use. they were brought in. 4. The permit holder shall not contravene or fail to comply 12. Method of disposal of water and packaging use for with the Fisheries Act 1982, or any regulations made under the transporting the fish. Act, except where specifically permitted by this notice. 13. If any disease or symptom of disease occurred in the 5. The permit holder must retain the copy of this permit which acquired fish. has been supplied by the Director of Fisheries, and if requested by 14. Method of disposal of diseased or dead fish and the a Fisheries and Aquaculture Officer, produce that permit for number disposed of. inspection. 15. Signature, date and telephone number. Dated 9 November 1999. 16. Use of any chemicals for fish husbandry—type of G. R. MORGAN, Director of Fisheries chemical and quantity used, purpose and date of use.

FISHERIES ACT 1982: SECTION 48G (2) FISHERIES ACT 1982 TAKE notice that pursuant to section 48G (2) of the Fisheries MARINE MOLLUSC FARMING LICENCE FM00129 Act 1982, I hereby authorise Colmion Pty Ltd, 1 Brentwood (PREVIOUS LICENCE NO. F806) Street, Stansbury, S.A. 5582 (hereinafter referred to as the Licence to Farm Fish under section 53 of the Fisheries ‘permit holder’) to disturb the seabed of the site specified in Item Act 1982 1 of the Schedule for the purpose only of installing the structures specified in Item 2 of the Schedule in accordance with Marine WHEREAS the Director of Fisheries has, pursuant to section Mollusc Farming Licence Number FM00099, (such structures not 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to to be installed on the seabed itself) for the period commencing 1 the undermentioned licensee to release the fish specified in July 1999 and ending upon the expiration or earlier termination Item 1 of Schedule 2 of this licence (‘the permitted species’) and, of Marine Mollusc Farming Licence Number FM00099, issued pursuant to section 48G (2) of the Act, the Director of Fisheries pursuant to section 53 of the Fisheries Act 1982. has also issued a permit to disturb the seabed for the purpose of installing structures necessary for the licensed activity at the SCHEDULE 1 undermentioned site, the Minister for Primary Industries, Natural Item 1—Location Co-ordinates Resources and Regional Development (‘the Minister’) hereby Licensed Area Licensed grants to: Hectares R. A. and J. M. Blakeway AGD 66—Zone 53 23 Ernest Crescent 757382E 6139649N 10 Happy Valley, S.A. 5159, 757199E 6139742N 757471E 6140166N 757642E 6140071N Item 2—Structures to be installed Longlines 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2299 a non-exclusive licence to occupy and use the waters specified in The licensee: Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of 8.1 must pay to the Minister the licence fee in accordance farming and taking the permitted species (‘the permitted use’) for with Item l of Schedule 3 of this licence; the period commencing on 1 July 1999 and ending, subject to any earlier termination under this licence, on 30 June 2000 (‘the 8.2 must on or before 31 January and 31 July during the term’) subject to the following terms and conditions: term, submit to the Minister a return supplying all of the information described in Schedule 4 of this licence. CONDITIONS OF THIS LICENCE 1. Licence 9. Compliance With Relevant Laws The parties acknowledge and agree that: 9.1 the licensee must at all times comply with all laws, by- laws or regulations in force which relate to the site or 1.1 the rights, powers and privileges granted to or vested in the activities conducted in the site and with all notices, the licensee under this licence are contractual only and orders or requirements lawfully given or made by any shall not create or vest in the licensee any estate, authority or authorities in respect of the site; interest or right of a proprietary nature in the site; and 9.2 in particular, without derogating from the general 1.2 that, subject to section 53A of the Fisheries Act 1982, requirement under condition 9 of this licence: this licence does not entitle the licensee to exclusive rights of entry to and occupation of the site and that 9.2.1 the licensee must not do or permit to be done in the rights granted by this licence are exercisable by the upon or about the site anything which in the licensee in common with any other occupiers of the site opinion of the Minister would cause or contribute from time to time. to the degradation or pollution of any coastal land or the surrounding marine environment; and 2. Marked-off Areas 9.2.2 in the event that the Minister is satisfied, on For the purposes of section 53A of the Fisheries Act 1982, the reasonable grounds, that the fish taken from the marked-off areas within the site is that area or those areas waters are not fit for human consumption or that marked-off or indicated in the manner set out in Item 2 of consumption of fish taken from the waters could Schedule 1 of this licence. present a danger to the health of the consumer, 3. Permitted Species the licensee must, in accordance with a written The licensee: notice from the Minister, cease or suspend the conduct of the permitted use or else conduct the 3.1 must not farm or introduce any species at the site other permitted use as directed within the notice. than the permitted species; and 10. Public Risk Liability 3.2 must not take any wild fish from the site except for recreational purposes. The licensee must at all times indemnify the Minister, his officers, employees, contractors and agents from and against all 4. Permitted Use claims, demands, actions, judgments, proceedings, damages, losses, The licensee must not use the site for any purpose other than costs, charges and expenses in respect of any loss of life, personal the permitted use. injury and/or damage to property caused or suffered in any manner in or about the site. 5. Permitted Methods 11. Release The licensee: The licensee must use and keep the site at the risk in all things 5.1 must not stock the permitted species at a rate greater of the licensee and the licensee must release to the full extent than that specified in Schedule 2 of this licence; permitted by law the Minister, his agents, contractors and 5.2 must not use the anti-fouling chemical tributyltin (TBT) servants in the absence of any wilful act, omission, default or on any equipment used at the site; neglect on their part from all claims and demands of every kind resulting from any accident damage or injury to persons or 5.3 must not use any chemical or drug for either therapeutic property occurring at the site, including loss or damage to the or prophylactic purpose except with the prior approval licensee’s fixtures or personal property of the licensee. of the Minister; 12. Public Risk Insurance 5.4 must apply the permitted farming methods set out in Item 2 of Schedule 2 of this licence. The licensee shall at its own cost and expense during the term effect and keep in full force and effect in respect of the site and 5.5 must conduct an environmental monitoring program as the permitted use a policy of public risk insurance in the joint set out in Schedule 5 of this licence. names of the licensee and the Minister in which the limits of 6. Marking and Maintaining the Site public risk shall not be less than the amount specified in Item 2 of Schedule 3 of this licence, or such further amount as the Minister The licensee: may from time to time reasonably require, as the amount which 6.1 must ensure that the site is maintained in a good, tidy may be paid out in respect of any one single claim and a policy of and safe condition to the satisfaction of the Minister; insurance or copy thereof or a certificate of insurance shall be produced by the licensee to the Minister on request in writing 6.2 must remove and lawfully dispose of any waste or debris being made by the Minister for its production. on the site as soon as is reasonably practicable and in particular must comply with any guidelines issued from 13. Guarantee or Indemnity Scheme time to time by the Minister in relation to the removal The licensee must either: from the site of any unhealthy or dead fish; 13.1 provide a guarantee from its bankers; or 6.3 must maintain all buoys, crosses, and markers on the site in good condition and in accordance with the colours 13.2 contribute to an indemnity scheme established for specified in Schedule 1 of this licence; and the aquaculture and fisheries industry and approved by the Minister, 6.4 must mark the site boundary in accordance with the specifications in Schedule 1 of this licence. to and in favour of and for the benefit of the Minister by way of security for the due and punctual performance by the licensee of 7. Site Inspection and Supervision the terms and conditions of this licence and in particular the The licensee: obligations of the licensee to rehabilitate the site immediately 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. 8. Fees and Returns 2300 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999 prior to the expiration or sooner determination of the term of 16.5 the captions, headings, section numbers and clause this licence. Such guarantee or indemnity scheme must have numbers appearing in this licence are inserted only as effect from the date of commencement of the term. a matter of convenience and in no way affect the 14. No Assignment construction of this licence; The licensee acknowledges that this licence is personal and it 16.6 a reference to a statute shall include all statutes must not assign or sublet or deal in any other way with any amending, consolidating or replacing the statutes interest in this licence. referred to; 15. Default by Licensee and Termination 16.7 where two or more persons are named as licensees, this licence shall bind the licensees jointly and each of The Minister may terminate this licence immediately by notice them severally; and in writing served on the licensee if: 16.8 time is of the essence in respect of any obligation 15.1 the licensee commits or permits any breach or relating to time in this licence. default of the obligations imposed on the licensee by Delegation this licence, and following the giving by the Minister 17. of written notice of such breach or default, the Any consent, notice, any consultation or any other thing licensee either fails to rectify such breach or default which is pursuant to the terms of this licence either required to be within one calendar month of the date of such notice given, done or performed or which may be given, done or (or earlier if the circumstances require) or fails to performed by the Minister may for the purposes of this licence be make diligent progress towards rectifying any such properly given, done or performed by any duly authorised agent breach which is incapable of rectification within the or employee of the Minister. time so limited; or 18. Severance 15.2 the licensee commits or permits any further breach If any term or condition of this licence should be for any or default of the obligations imposed on the licensee reason unlawful, void, invalid or unenforceable then the offending by this licence for which the Minister has previously term or condition shall be severed from this licence without given notice in writing of such breach or default affecting the validity or enforceability of the remainder of this pursuant to paragraph 1 of condition 15.1 notwith- licence. standing rectification of the previous breach or default; or 19. Modification 15.3 the licence fee referred to in condition 8 is unpaid No variation of or addition to any provision of this licence for a period of 14 days after notice has been given to shall be binding upon the Minister and the licensee unless such the licensee that it is outstanding; or variation or addition is made in writing, signed by both the Minister and the licensee and expressed to be either supplemental 15.4 if the licensee is a body corporate, any of the to or in substitution for the whole or a part of this licence. following occur: 20. Waiver 15.4.1 the licensee is unable to pay its debts as and when they fall due or is otherwise insolvent; 20.1 A waiver of any provision of this licence by the Minister must both be in writing and be signed by the 15.4.2 an order is made for the winding up or Minister or by persons duly authorised to execute such liquidation of the licensee; a document on the Minister’s part. 15.4.3 the licensee enters into a scheme of 20.2 No waiver by the Minister of a breach of a term or arrangement, compromise, moratorium or condition contained in this licence shall operate as a other form of composition with its creditors waiver of any breach of the same or any other term or any class of its creditors; or condition contained in this licence. 15.4.4 a receiver, a manager or a receiver and 20.3 No forbearance, delay or indulgence by the Minister manager, a company administrator or other in enforcing the provisions of this licence shall insolvency administrator is appointed to the prejudice or restrict the rights of the Minister. licensee; or 21. Notices 15.4.5 a mortgagee, chargee or other encum- brancee is appointed over or takes 21.1 Notices may be served by delivering the same possession of or appoints an agent to take personally, by mail or facsimile transmission and shall possession of all or any of the licensee’s be: assets; or 21.1.1 in writing addressed to the Director of 15.5 if the licensee is an individual, the licensee: Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 (in the case of 15.5.1 becomes bankrupt or assigns its estate or the Minister) and to the address of the enters into a deed of arrangement or other licensee set out above (in the case of the form of composition for the benefit of the licensee); licensee’s creditors; or 21.1.2 signed by or on behalf of the sender or by a 15.5.2 is convicted of an indictable offence. person duly authorised in that regard by the Termination of this licence by the Minister shall be sender; without prejudice to any rights, remedies or actions 21.1.3 deemed to be duly served or made in the that the Minister may have against the licensee in following circumstances: respect of any antecedent breach by the licensee of the terms and conditions contained in this licence. (a) if delivered, upon delivery; 16. Interpretation (b) if sending by mail, upon posting; Subject to any inconsistency of subject or context, the (c) if sent by facsimile transmission, upon following rules of construction shall be used in the interpretation the sender’s facsimile producing a of this licence: transmission report that the facsimile was satisfactorily sent in its entirety to 16.1 any word importing the plural includes the singular the addressee’s facsimile number, and vice versa; but if delivery is not made before 5 p.m. on 16.2 any wording importing a gender shall include all any day it shall be deemed to be received at other genders; 9 a.m. on the next day in that place. 16.3 a reference to a body corporate shall include a vice versa 21.2 The Minister and the licensee may each vary their natural person and ; address or facsimile number at any time by written 16.4 a reference to a recital, party, clause, Schedule or notice. Annexure is a reference to a recital, party, clause, 22. SASQAP Schedule or Annexure of this licence; 22.1 The licensee: 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2301

22.1.1 must submit to the Manager, South Item 1¾Permitted Species Australian Shellfish Quality Assurance The Director of Fisheries has, pursuant to section 50 (2) of the Program (‘SASQAP’) for testing such Act, issued a permit for the release of the fish specified in this sample as the Manager, SASQAP requires of Schedule. the fish farmed at the site and specified in Item 1.1 of Schedule 2; Pacific Oysters (Crassostrea gigas) 22.1.2 must comply with all reasonable require- Item 1.1—Fish subject to SASQAP testing ments of the Manager, SASQAP in relation Pacific Oysters (Crassostrea gigas) to such testing; and Item 2¾Permitted Farming Methods 22.1.3 must obtain the written consent of the Manager, SASQAP, prior to making any of The Director of Fisheries has, pursuant to section 48G (2) of the fish farmed at the site and specified in the Act, issued a permit to disturb the seabed for the purpose of Item 1.1 of Schedule 2, available for human installing the structures specified in this Schedule. consumption. Longlines Granted on behalf of the Minister by Director of Fisheries, Each unit must not exceed 100 m in length and 2 m in width, delegate of the Minister, on 4 November 1999. and each unit must be at least 6 m from any other unit. G. R. MORGAN, Director of Fisheries Item 3¾Stocking Rates The licensee hereby acknowledges and agrees to the terms and Oysters conditions of this licence. Size (mm) Number per Hectare Signed by the said J. BLAKEWAY 3 2 500 000 In the presence of: R. L. WOODHEAD, Witness 10 1 600 000 SCHEDULE 1 20 1 100 000 30 750 000 Item 1—The Site 40 500 000 Area applicable to this licence: 50 350 000 60 200 000 Licensed Area Licensed 70 150 000 Hectares 80 100 000 AGD 66¾Zone 53 SCHEDULE 3 764970E 6174580N 1 764970E 6174680N Item 1—Fees 765070E 6174680N Annual licence fees are: 765070E 6174580N $ All structures, equipment, buoys and flotations (except for that Fisheries Research and Development Corporation required by the Department for Transport, Urban Planning and Levy per hectare 1 at $12.50 each...... 12.50 the Arts) must be black, dark grey, dark blue, dark brown, or dark Environmental Monitoring Program Fee per hectare green coloured materials. 1 at $22.96 each ...... 22.96 The boundary of the site to be marked either with: Base Licence Fee per hectare 1 at $57 each...... 57.00 (a) (1) At the corners with posts extending 900 mm above Total Annual Licence Fee...... 92.46 mean high water springs. Such posts to be marked Quarterly Instalments...... 23.12 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) The buoys and topmarks must all be coloured yellow and marked with a yellow retro-reflective as 7. Number, weight and value of each species of fish held. in (a) (4). 8. Details of any disease detected in any fish kept. (3) All buoys, posts, crosses and markers must be 9. Source (whether interstate or intrastate) of any stock maintained in good condition. acquired and date of acquisition (if relevant, include name When the site is in navigable water and possible danger to of authority that provided certification that stock was navigation, lights must be placed on the top of each St Andrews free from disease). cross that is located at each corner of the site and these lights 10. If any fish were brought into the state, the number of must be yellow in colour and flashing once every 4 seconds and fish and the life stage of the fish. visible over an arc of 360 degrees for a distance of at least one mile. 11. If fish were brought into the state, the purpose for which they were brought in. Item 2—Marked-Off Areas 12. Method of disposal of water and packaging use for [Co-ordinates of developed areas within the site to be provided transporting the fish. by the licensee.] 13. If any disease or symptom of disease occurred in the White buoys of at least 12 inches in diameter must be placed acquired fish. around the whole of the perimeter of the developed areas within the site at a distance of no less than 50 m from one another. 14. Method of disposal of diseased or dead fish and the number disposed of. SCHEDULE 2 15. Signature, date and telephone number. 2302 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

16. Use of any chemicals for fish husbandry—type of 3. Permitted Species chemical and quantity used, purpose and date of use. The licensee: SCHEDULE 5 3.1 must not farm or introduce any species at the site other Approved Environmental Monitoring Program than the permitted species; and An Environmental Monitoring Program for the site must 3.2 must not take any wild fish from the site except for comply with the general requirements for environmental recreational purposes. monitoring specified in the notes to the Decision Notification 4. Permitted Use Form issued for the site under Regulation 42 of the Development Regulations 1993. The licensee must not use the site for any purpose other than the permitted use. The licensee must submit a draft Environmental Monitoring Program in writing to the General Manager Aquaculture within 60 5. Permitted Methods days after the grant of the licence by the Minister. The licensee: 5.1 must not stock the permitted species at a rate greater than that specified in Schedule 2 of this licence; FISHERIES ACT 1982 5.2 must not use the anti-fouling chemical tributyltin (TBT) MARINE MOLLUSC FARMING LICENCE FM00161 on any equipment used at the site; (PREVIOUS LICENCE NO. F821) 5.3 must not use any chemical or drug for either therapeutic Licence to Farm Fish under section 53 of the Fisheries or prophylactic purpose except with the prior approval Act 1982 of the Minister; 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 Item 2 of Schedule 2 of this licence. the undermentioned licensee to release the fish specified in 6. Marking and Maintaining the Site Item 1 of Schedule 2 of this licence (‘the permitted species’) and, 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 6.1 must ensure that the site is maintained in a good, tidy installing structures necessary for the licensed activity at the and safe condition to the satisfaction of the Minister; undermentioned site, the Minister for Primary Industries, Natural Resources and Regional Development (‘the Minister’) hereby 6.2 must remove and lawfully dispose of any waste or debris grants to: on the site as soon as is reasonably practicable and in particular must comply with any guidelines issued from David W. Nitschke (12287) time to time by the Minister in relation to the removal Seppeltsfield Road from the site of any unhealthy or dead fish; Marananga, S.A. 5360, 6.3 must maintain all buoys, crosses, and markers on the site a non-exclusive licence to occupy and use the waters specified in in good condition and in accordance with the colours Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of specified in Schedule 1 of this licence; and farming and taking the permitted species (‘the permitted use’) for the period commencing on 1 July 1999 and ending, subject to any 6.4 must mark the site boundary in accordance with the earlier termination under this licence, on 30 June 2000 (‘the specifications in Schedule 1 of this licence. term’) subject to the following terms and conditions: 7. Site Inspection and Supervision CONDITIONS OF THIS LICENCE The licensee: 1. Licence 7.1 must at all times permit the Minister, his employees, The parties acknowledge and agree that: agents or contractors or any employees, agents or 1.1 the rights, powers and privileges granted to or vested in contractors of the Crown to enter the site for the the licensee under this licence are contractual only and purposes of inspecting the site, the sea floor and the shall not create or vest in the licensee any estate, flora and fauna on or in the vicinity of the site; and interest or right of a proprietary nature in the site; and 7.2 must comply with all reasonable directions of any such 1.2 that, subject to section 53A of the Fisheries Act 1982, person authorised by the Director of Fisheries to inspect this licence does not entitle the licensee to exclusive the conduct of the licensee’s activities at the site. rights of entry to and occupation of the site and that 8. Fees and Returns the rights granted by this licence are exercisable by the licensee in common with any other occupiers of the site The licensee: from time to time. 8.1 must pay to the Minister the licence fee in accordance 2. Marked-off Areas with Item l of Schedule 3 of this licence; For the purposes of section 53A of the Fisheries Act 1982, the 8.2 must on or before 31 January and 31 July during the marked-off areas within the site is that area or those areas term, submit to the Minister a return supplying all of marked-off or indicated in the manner set out in Item 2 of the information described in Schedule 4 of this licence. Schedule 1 of this licence. 9. Compliance With Relevant Laws 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 activities conducted in the site and with all notices, orders or requirements lawfully given or made by any authority or authorities in respect of the site; 9.2 in particular, without derogating from the general requirement under condition 9 of this licence: 9.2.1 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 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2303

9.2.2 in the event that the Minister is satisfied, on 15.3 the licence fee referred to in condition 8 is unpaid reasonable grounds, that the fish taken from the for a period of 14 days after notice has been given to waters are not fit for human consumption or that the licensee that it is outstanding; or consumption of fish taken from the waters could 15.4 if the licensee is a body corporate, any of the present a danger to the health of the consumer, following occur: the licensee must, in accordance with a written notice from the Minister, cease or suspend the 15.4.1 the licensee is unable to pay its debts as and conduct of the permitted use or else conduct the when they fall due or is otherwise insolvent; permitted use as directed within the notice. 15.4.2 an order is made for the winding up or 10. Public Risk Liability liquidation of the licensee; The licensee must at all times indemnify the Minister, his 15.4.3 the licensee enters into a scheme of officers, employees, contractors and agents from and against all arrangement, compromise, moratorium or claims, demands, actions, judgments, proceedings, damages, losses, other form of composition with its creditors costs, charges and expenses in respect of any loss of life, personal or any class of its creditors; injury and/or damage to property caused or suffered in any 15.4.4 a receiver, a manager or a receiver and manner in or about the site. manager, a company administrator or other 11. Release insolvency administrator is appointed to the licensee; or 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 15.4.5 a mortgagee, chargee or other encum- permitted by law the Minister, his agents, contractors and brancee is appointed over or takes servants in the absence of any wilful act, omission, default or possession of or appoints an agent to take neglect on their part from all claims and demands of every kind possession of all or any of the licensee’s resulting from any accident damage or injury to persons or assets; or property occurring at the site, including loss or damage to the 15.5 if the licensee is an individual, the licensee: licensee’s fixtures or personal property of the licensee. 15.5.1 becomes bankrupt or assigns its estate or 12. Public Risk Insurance enters into a deed of arrangement or other The licensee shall at its own cost and expense during the term form of composition for the benefit of the effect and keep in full force and effect in respect of the site and licensee’s creditors; or the permitted use a policy of public risk insurance in the joint 15.5.2 is convicted of an indictable offence. 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 Termination of this licence by the Minister shall be Schedule 3 of this licence, or such further amount as the Minister without prejudice to any rights, remedies or actions may from time to time reasonably require, as the amount which that the Minister may have against the licensee in may be paid out in respect of any one single claim and a policy of respect of any antecedent breach by the licensee of insurance or copy thereof or a certificate of insurance shall be the terms and conditions contained in this licence. produced by the licensee to the Minister on request in writing 16. Interpretation being made by the Minister for its production. Subject to any inconsistency of subject or context, the 13. Guarantee or Indemnity Scheme following rules of construction shall be used in the interpretation The licensee must either: of this licence: 13.1 provide a guarantee from its bankers; or 16.1 any word importing the plural includes the singular and vice versa; 13.2 contribute to an indemnity scheme established for the aquaculture and fisheries industry and approved by 16.2 any wording importing a gender shall include all the Minister, other genders; to and in favour of and for the benefit of the Minister by way of 16.3 a reference to a body corporate shall include a security for the due and punctual performance by the licensee of natural person and vice versa; the terms and conditions of this licence and in particular the 16.4 a reference to a recital, party, clause, Schedule or obligations of the licensee to rehabilitate the site immediately Annexure is a reference to a recital, party, clause, prior to the expiration or sooner determination of the term of Schedule or Annexure of this licence; this licence. Such guarantee or indemnity scheme must have effect from the date of commencement of the term. 16.5 the captions, headings, section numbers and clause numbers appearing in this licence are inserted only as 14. No Assignment a matter of convenience and in no way affect the The licensee acknowledges that this licence is personal and it construction of this licence; must not assign or sublet or deal in any other way with any 16.6 a reference to a statute shall include all statutes interest in this licence. amending, consolidating or replacing the statutes 15. Default by Licensee and Termination referred to; The Minister may terminate this licence immediately by notice 16.7 where two or more persons are named as licensees, in writing served on the licensee if: this licence shall bind the licensees jointly and each of them severally; and 15.1 the licensee commits or permits any breach or default of the obligations imposed on the licensee by 16.8 time is of the essence in respect of any obligation this licence, and following the giving by the Minister relating to time in this licence. of written notice of such breach or default, the 17. Delegation licensee either fails to rectify such breach or default within one calendar month of the date of such notice Any consent, notice, any consultation or any other thing (or earlier if the circumstances require) or fails to which is pursuant to the terms of this licence either required to be make diligent progress towards rectifying any such given, done or performed or which may be given, done or breach which is incapable of rectification within the performed by the Minister may for the purposes of this licence be time so limited; or properly given, done or performed by any duly authorised agent or employee of the Minister. 15.2 the licensee commits or permits any further breach or default of the obligations imposed on the licensee 18. Severance by this licence for which the Minister has previously If any term or condition of this licence should be for any given notice in writing of such breach or default reason unlawful, void, invalid or unenforceable then the offending pursuant to paragraph 1 of condition 15.1 notwith- term or condition shall be severed from this licence without standing rectification of the previous breach or affecting the validity or enforceability of the remainder of this default; or licence. 19. Modification 2304 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

No variation of or addition to any provision of this licence All structures, equipment, buoys and flotations (except for that shall be binding upon the Minister and the licensee unless such required by the Department for Transport, Urban Planning and variation or addition is made in writing, signed by both the the Arts) must be black, dark grey, dark blue, dark brown, or dark Minister and the licensee and expressed to be either supplemental green coloured materials. to or in substitution for the whole or a part of this licence. The boundary of the site to be marked either with: Waiver 20. (a) (1) At the corners with posts extending 900 mm above 20.1 A waiver of any provision of this licence by the mean high water springs. Such posts to be marked Minister must both be in writing and be signed by the with a St Andrews cross, each cross arm measuring Minister or by persons duly authorised to execute such 900 mm from tip to tip, minimum width 75 mm. a document on the Minister’s part. (2) Posts to be not less than 125 mm in diameter. 20.2 No waiver by the Minister of a breach of a term or (3) Posts and crosses to be painted yellow. condition contained in this licence shall operate as a waiver of any breach of the same or any other term (4) The ends of each cross to be marked with a or condition contained in this licence. 200 mm strip of yellow retro-reflective tape. 20.3 No forbearance, delay or indulgence by the Minister (5) Between the corner posts at intervals not exceeding in enforcing the provisions of this licence shall 50 m, buoys not less than 300 mm in diameter. prejudice or restrict the rights of the Minister. (6) All buoys, posts, crosses and markers must be 21. Notices maintained in good condition. 21.1 Notices may be served by delivering the same or personally, by mail or facsimile transmission and shall (b) (1) At each corner, yellow spar buoys with a St be: Andrews cross as a top mark placed at least 21.1.1 in writing addressed to the Director of 900 mm above the buoy, cross arms 900 mm long x Fisheries, PIRSA, 16th Floor, 25 Grenfell 75 mm wide. Street, Adelaide, S.A. 5000 (in the case of (2) 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); (3) All buoys, posts, crosses and markers must be 21.1.2 signed by or on behalf of the sender or by a maintained in good condition. person duly authorised in that regard by the sender; When the site is in navigable water and possible danger to navigation, lights must be placed on the top of each St Andrews 21.1.3 deemed to be duly served or made in the cross that is located at each corner of the site and these lights following circumstances: must be yellow in colour and flashing once every 4 seconds and (a) if delivered, upon delivery; visible over an arc of 360 degrees for a distance of at least one mile. (b) if sending by mail, upon posting; Item 2—Marked-Off Areas (c) if sent by facsimile transmission, upon the sender’s facsimile producing a [Co-ordinates of developed areas within the site to be provided transmission report that the facsimile by the licensee.] was satisfactorily sent in its entirety to White buoys of at least 12 inches in diameter must be placed the addressee’s facsimile number, around the whole of the perimeter of the developed areas within but if delivery is not made before 5 p.m. on the site at a distance of no less than 50 m from one another. any day it shall be deemed to be received at SCHEDULE 2 9 a.m. on the next day in that place. Item 1¾Permitted Species 21.2 The Minister and the licensee may each vary their address or facsimile number at any time by written The Director of Fisheries has, pursuant to section 50 (2) of the notice. Act, issued a permit for the release of the fish specified in this Schedule. Granted on behalf of the Minister by Director of Fisheries, delegate of the Minister, on 9 November 1999. Pacific Oysters (Crassostrea gigas) G. R. MORGAN, Director of Fisheries Item 2¾Permitted Farming Methods The licensee hereby acknowledges and agrees to the terms and The Director of Fisheries has, pursuant to section 48G (2) of conditions of this licence. the Act, issued a permit to disturb the seabed for the purpose of installing the structures specified in this Schedule. Signed by the said D. W. NITSCHKE Longlines In the presence of: A. E. NITSCHKE, Witness Each unit must not exceed 100 m in length and 2 m in width, The licensee hereby acknowledges and agrees to the terms and and each unit must be at least 6 m from any other unit. conditions of this licence. Item 3¾Stocking Rates SCHEDULE 1 Oysters Item 1—The Site Size (mm) Number per Hectare Area applicable to this licence: 3 2 500 000 Licensed Area Licensed 10 1 600 000 Hectares 20 1 100 000 AGD 66—Zone 53 30 750 000 742799E 6041700N 5 40 500 000 742550E 6041700N 50 350 000 742550E 6041500N 60 200 000 742800E 6041500N 70 150 000 80 100 000 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2305

SCHEDULE 3 a non-exclusive licence to occupy and use the waters specified in Item 1—Fees Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of farming and taking the permitted species (‘the permitted use’) for $ the period commencing on 1 July 1999 and ending, subject to any Annual licence fees are: earlier termination under this licence, on 30 June 2000 (‘the FRDC levy per hectare 5 at $12.50 each...... 62.50 term’) subject to the following terms and conditions: EMP fee per hectare 5 at $22.96 each ...... 114.80 CONDITIONS OF THIS LICENCE Base licence fee per hectare 5 at $57.00 each...... 285.00 Licence SASQAP (Classified Area) per hectare 5 at $60 each..... 300.00 1. Total Annual Licence Fee ...... 762.30 The parties acknowledge and agree that: Quarterly instalments...... 190.58 1.1 the rights, powers and privileges granted to or vested in the licensee under this licence are contractual only and Item 2—Public Risk Insurance shall not create or vest in the licensee any estate, Five million dollars ($5 000 000). interest or right of a proprietary nature in the site; and SCHEDULE 4 1.2 that, subject to section 53A of the Fisheries Act 1982, this licence does not entitle the licensee to exclusive Returns rights of entry to and occupation of the site and that The licensee must submit the following information to the the rights granted by this licence are exercisable by the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 licensee in common with any other occupiers of the site Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and from time to time. 31 July during the term of this licence: 2. Marked-off Areas 1. Name of licensee. For the purposes of section 53A of the Fisheries Act 1982, the 2. Address of licensee. marked-off areas within the site is that area or those areas marked-off or indicated in the manner set out in Item 2 of 3. Species of fish farmed and held on the site. Schedule 1 of this licence. 4. Location of aquaculture operation. 3. Permitted Species 5. Period covered by return. The licensee: 6. Number of life stage of each species of fish held. 3.1 must not farm or introduce any species at the site other 7. Number, weight and value of each species of fish held. than the permitted species; and 8. Details of any disease detected in any fish kept. 3.2 must not take any wild fish from the site except for 9. Source (whether interstate or intrastate) of any stock recreational purposes. acquired and date of acquisition (if relevant, include name 4. Permitted Use of authority that provided certification that stock was The licensee must not use the site for any purpose other than free from disease). the permitted use. 10. If any fish were brought into the state, the number of 5. Permitted Methods fish and the life stage of the fish. The licensee: 11. If fish were brought into the state, the purpose for which they were brought in. 5.1 must not stock the permitted species at a rate greater than that specified in Schedule 2 of this licence; 12. Method of disposal of water and packaging use for transporting the fish. 5.2 must not use the anti-fouling chemical tributyltin (TBT) on any equipment used at the site; 13. If any disease or symptom of disease occurred in the acquired fish. 5.3 must not use any chemical or drug for either therapeutic or prophylactic purpose except with the prior approval 14. Method of disposal of diseased or dead fish and the of the Minister; number disposed of. 5.4 must apply the permitted farming methods set out in 15. Signature, date and telephone number. Item 2 of Schedule 2 of this licence. 16. Use of any chemicals for fish husbandry—type of 6. Marking and Maintaining the Site chemical and quantity used, purpose and date of use. The licensee: 6.1 must ensure that the site is maintained in a good, tidy and safe condition to the satisfaction of the Minister; FISHERIES ACT 1982 6.2 must remove and lawfully dispose of any waste or debris MARINE MOLLUSC FARMING LICENCE FM00181 on the site as soon as is reasonably practicable and in (PREVIOUS LICENCE NO. F721) particular must comply with any guidelines issued from Licence to Farm Fish under section 53 of the Fisheries time to time by the Minister in relation to the removal Act 1982 from the site of any unhealthy or dead fish; WHEREAS the Director of Fisheries has, pursuant to section 6.3 must maintain all buoys, crosses, and markers on the site 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to in good condition and in accordance with the colours the undermentioned licensee to release the fish specified in specified in Schedule 1 of this licence; and Item 1 of Schedule 2 of this licence (‘the permitted species’) and, 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 installing structures necessary for the licensed activity at the 7. Site Inspection and Supervision undermentioned site, the Minister for Primary Industries, Natural The licensee: Resources and Regional Development (‘the Minister’) hereby grants to: 7.1 must at all times permit the Minister, his employees, agents or contractors or any employees, agents or A. Gregor and J. Wall, contractors of the Crown to enter the site for the P.O. Box 75, purposes of inspecting the site, the sea floor and the Smoky Bar, S.A. 5680, flora and fauna on or in the vicinity of the site; and 2306 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

7.2 must comply with all reasonable directions of any such prior to the expiration or sooner determination of the term of person authorised by the Director of Fisheries to inspect this licence. Such guarantee or indemnity scheme must have the conduct of the licensee’s activities at the site. effect from the date of commencement of the term. 8. Fees and Returns 14. No Assignment The licensee: The licensee acknowledges that this licence is personal and it 8.1 must pay to the Minister the licence fee in accordance must not assign or sublet or deal in any other way with any with Item l of Schedule 3 of this licence; interest in this licence. Default by Licensee and Termination 8.2 must on or before 31 January and 31 July during the 15. term, submit to the Minister a return supplying all of The Minister may terminate this licence immediately by notice the information described in Schedule 4 of this licence. in writing served on the licensee if: 9. Compliance With Relevant Laws 15.1 the licensee commits or permits any breach or 9.1 the licensee must at all times comply with all laws, by- default of the obligations imposed on the licensee by laws or regulations in force which relate to the site or this licence, and following the giving by the Minister the activities conducted in the site and with all notices, of written notice of such breach or default, the orders or requirements lawfully given or made by any licensee either fails to rectify such breach or default authority or authorities in respect of the site; within one calendar month of the date of such notice (or earlier if the circumstances require) or fails to 9.2 in particular, without derogating from the general make diligent progress towards rectifying any such requirement under condition 9 of this licence: breach which is incapable of rectification within the 9.2.1 the licensee must not do or permit to be done in time so limited; or upon or about the site anything which in the 15.2 the licensee commits or permits any further breach opinion of the Minister would cause or contribute or default of the obligations imposed on the licensee to the degradation or pollution of any coastal by this licence for which the Minister has previously land or the surrounding marine environment; and given notice in writing of such breach or default 9.2.2 in the event that the Minister is satisfied, on pursuant to paragraph 1 of condition 15.1 notwith- reasonable grounds, that the fish taken from the standing rectification of the previous breach or waters are not fit for human consumption or that default; or consumption of fish taken from the waters could 15.3 the licence fee referred to in condition 8 is unpaid present a danger to the health of the consumer, for a period of 14 days after notice has been given to the licensee must, in accordance with a written the licensee that it is outstanding; or notice from the Minister, cease or suspend the conduct of the permitted use or else conduct the 15.4 if the licensee is a body corporate, any of the permitted use as directed within the notice. following occur: 10. Public Risk Liability 15.4.1 the licensee is unable to pay its debts as and when they fall due or is otherwise insolvent; The licensee must at all times indemnify the Minister, his officers, employees, contractors and agents from and against all 15.4.2 an order is made for the winding up or claims, demands, actions, judgments, proceedings, damages, losses, liquidation of the licensee; costs, charges and expenses in respect of any loss of life, personal 15.4.3 the licensee enters into a scheme of injury and/or damage to property caused or suffered in any arrangement, compromise, moratorium or manner in or about the site. other form of composition with its creditors 11. Release or any class of its creditors; The licensee must use and keep the site at the risk in all things 15.4.4 a receiver, a manager or a receiver and of the licensee and the licensee must release to the full extent manager, a company administrator or other permitted by law the Minister, his agents, contractors and insolvency administrator is appointed to the servants in the absence of any wilful act, omission, default or licensee; or neglect on their part from all claims and demands of every kind 15.4.5 a mortgagee, chargee or other encum- resulting from any accident damage or injury to persons or brancee is appointed over or takes property occurring at the site, including loss or damage to the possession of or appoints an agent to take licensee’s fixtures or personal property of the licensee. possession of all or any of the licensee’s 12. Public Risk Insurance assets; or The licensee shall at its own cost and expense during the term 15.5 if the licensee is an individual, the licensee: effect and keep in full force and effect in respect of the site and 15.5.1 becomes bankrupt or assigns its estate or the permitted use a policy of public risk insurance in the joint enters into a deed of arrangement or other names of the licensee and the Minister in which the limits of form of composition for the benefit of the public risk shall not be less than the amount specified in Item 2 of licensee’s creditors; or Schedule 3 of this licence, or such further amount as the Minister 15.5.2 is convicted of an indictable offence. may from time to time reasonably require, as the amount which may be paid out in respect of any one single claim and a policy of Termination of this licence by the Minister shall be insurance or copy thereof or a certificate of insurance shall be without prejudice to any rights, remedies or actions produced by the licensee to the Minister on request in writing that the Minister may have against the licensee in being made by the Minister for its production. respect of any antecedent breach by the licensee of the terms and conditions contained in this licence. 13. Guarantee or Indemnity Scheme 16. Interpretation The licensee must either: Subject to any inconsistency of subject or context, the 13.1 provide a guarantee from its bankers; or following rules of construction shall be used in the interpretation 13.2 contribute to an indemnity scheme established for of this licence: the aquaculture and fisheries industry and approved by 16.1 any word importing the plural includes the singular the Minister, and vice versa; to and in favour of and for the benefit of the Minister by way of 16.2 any wording importing a gender shall include all security for the due and punctual performance by the licensee of other genders; the terms and conditions of this licence and in particular the obligations of the licensee to rehabilitate the site immediately 16.3 a reference to a body corporate shall include a natural person and vice versa; 16.4 a reference to a recital, party, clause, Schedule or Annexure is a reference to a recital, party, clause, Schedule or Annexure of this licence; 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2307

16.5 the captions, headings, section numbers and clause G. R. MORGAN, Director of Fisheries numbers appearing in this licence are inserted only as The licensee hereby acknowledges and agrees to the terms and a matter of convenience and in no way affect the conditions of this licence. construction of this licence; Signed by the said A. M. GREGOR 16.6 a reference to a statute shall include all statutes amending, consolidating or replacing the statutes In the presence of: J. D. WALL, Witness referred to; SCHEDULE 1 16.7 where two or more persons are named as licensees, Item 1—The Site this licence shall bind the licensees jointly and each of them severally; and Area applicable to this licence: 16.8 time is of the essence in respect of any obligation Licensed Area Licensed relating to time in this licence. Hectares AGD 66—Zone 53 17. Delegation 395342E 6416865N 4.5 Any consent, notice, any consultation or any other thing 395447E 6416857N which is pursuant to the terms of this licence either required to be 395417E 6416433N given, done or performed or which may be given, done or 395311E 6416441N performed by the Minister may for the purposes of this licence be properly given, done or performed by any duly authorised agent All structures, equipment, buoys and flotations (except for that or employee of the Minister. required by the Department for Transport, Urban Planning and the Arts) must be black, dark grey, dark blue, dark brown, or dark 18. Severance green coloured materials. If any term or condition of this licence should be for any The boundary of the site to be marked either with: reason unlawful, void, invalid or unenforceable then the offending term or condition shall be severed from this licence without (a) (1) At the corners with posts extending 900 mm above affecting the validity or enforceability of the remainder of this mean high water springs. Such posts to be marked licence. with a St Andrews cross, each cross arm measuring 900 mm from tip to tip, minimum width 75 mm. 19. Modification (2) Posts to be not less than 125 mm in diameter. No variation of or addition to any provision of this licence shall be binding upon the Minister and the licensee unless such (3) Posts and crosses to be painted yellow. variation or addition is made in writing, signed by both the (4) The ends of each cross to be marked with a Minister and the licensee and expressed to be either supplemental 200 mm strip of yellow retro-reflective tape. to or in substitution for the whole or a part of this licence. (5) Between the corner posts at intervals not exceeding 20. Waiver 50 m, buoys not less than 300 mm in diameter. 20.1 A waiver of any provision of this licence by the (6) All buoys, posts, crosses and markers must be Minister must both be in writing and be signed by the maintained in good condition. Minister or by persons duly authorised to execute such a document on the Minister’s part. or (b) 20.2 No waiver by the Minister of a breach of a term or (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) The buoys and topmarks must all be coloured yellow and marked with a yellow retro-reflective as in enforcing the provisions of this licence shall (a) prejudice or restrict the rights of the Minister. in (4). 21. Notices (3) All buoys, posts, crosses and markers must be maintained in good condition. 21.1 Notices may be served by delivering the same When the site is in navigable water and possible danger to personally, by mail or facsimile transmission and shall navigation, lights must be placed on the top of each St Andrews be: cross that is located at each corner of the site and these lights 21.1.1 in writing addressed to the Director of must be yellow in colour and flashing once every 4 seconds and Fisheries, PIRSA, 16th Floor, 25 Grenfell visible over an arc of 360 degrees for a distance of at least one Street, Adelaide, S.A. 5000 (in the case of mile. the Minister) and to the address of the Item 2—Marked-Off Areas licensee set out above (in the case of the licensee); [Co-ordinates of developed areas within the site to be provided 21.1.2 signed by or on behalf of the sender or by a by the licensee.] person duly authorised in that regard by the White buoys of at least 12 inches in diameter must be placed sender; around the whole of the perimeter of the developed areas within 21.1.3 deemed to be duly served or made in the the site at a distance of no less than 50 m from one another. following circumstances: SCHEDULE 2 (a) if delivered, upon delivery; Item 1¾Permitted Species (b) if sending by mail, upon posting; The Director of Fisheries has, pursuant to section 50 (2) of the (c) if sent by facsimile transmission, upon Act, issued a permit for the release of the fish specified in this the sender’s facsimile producing a Schedule. transmission report that the facsimile Pacific Oysters (Crassostrea gigas) was satisfactorily sent in its entirety to the addressee’s facsimile number, but if delivery is not made before 5 p.m. on any day it shall be deemed to be received at 9 a.m. on the next day in that place. 21.2 The Minister and the licensee may each vary their address or facsimile number at any time by written notice. Granted on behalf of the Minister by Director of Fisheries, delegate of the Minister, on 3 November 1999. 2308 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

Item 2¾Permitted Farming Methods FISHERIES ACT 1982: SECTION 48G (2) The Director of Fisheries has, pursuant to section 48G (2) of TAKE notice that pursuant to section 48G (2) of the Fisheries the Act, issued a permit to disturb the seabed for the purpose of Act 1982, I hereby authorise A. Gregor and J. Wall, P.O. Box 75, installing the structures specified in this Schedule. Smoky Bay, S.A. 5680 (hereinafter referred to as the ‘permit Longlines holder’) to disturb the seabed of the site specified in Item 1 of the Schedule for the purpose only of installing the structures specified Each unit must not exceed 100 m in length and 2 m in width, in Item 2 of the Schedule in accordance with Marine Mollusc and each unit must be at lease 5 m from any other unit. Farming Licence Number FM00181, (such structures not to be Item 3¾Stocking Rates installed on the seabed itself) for the period commencing 1 July 1999 and ending upon the expiration or earlier termination of Oysters Marine Mollusc Farming Licence Number FM00181, issued Size (mm) Number per Hectare pursuant to section 53 of the Fisheries Act 1982. 3 2 500 000 SCHEDULE 1 10 1 600 000 Item 1—Location Co-ordinates 20 1 100 000 Licensed Area Licensed 30 750 000 Hectares 40 500 000 AGD 66—Zone 53 50 350 000 60 200 000 395342E 6416865N 4.5 70 150 000 395447E 6416857N 80 100 000 395417E 6416433N 395311E 6416441N SCHEDULE 3 Item 2—Structures to be installed Item 1—Fees Longlines Annual licence fees are: Each unit must not exceed 100 m in length and 2 m in width $ and each unit must be at least 6 m from any other unit. FRDC Levy per hectare 1 at $12.50...... 12.50 Dated 3 November 1999. EMP Fee per hectare 1 at $22.96 each...... 22.96 Base Licence Fee per hectare 1 at $57 each...... 57.00 G. R. MORGAN, Director of Fisheries SASQAP (Classified Area) per hectare 1 at $60 each...... 60.00 FISHERIES ACT 1982: SECTION 50 (2) Total Annual Licence Fee ...... 152.46 TAKE notice that pursuant to section 50 (2) of the Fisheries Act Quarterly Instalments...... 38.12 1982, I hereby authorise A. Gregor and J. Wall, P.O. Box 75, Item 2—Public Risk Insurance Smoky Bay, S.A. 5680 (hereinafter referred to as the ‘permit holder’) to engage in the activities and to do the acts specified in Five million dollars ($5 000 000). Schedule 1, subject to the conditions specified in Schedule 2 from the date of this permit ending upon the expiration or earlier SCHEDULE 4 termination of Licence Number FM00181. Returns SCHEDULE 1 The licensee must submit the following information to the The importation and release of Pacific Oysters, (Crassostrea Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 gigas) within the waters defined by the following co-ordinates: Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and 31 July during the term of this licence: Licensed Area Licensed Hectares 1. Name of licensee. AGD 66—Zone 53 2. Address of licensee. 395342E 6416865N 4.5 3. Species of fish farmed and held on the site. 395447E 6416857N 395417E 6416433N 4. Location of aquaculture operation. 395311E 6416441N 5. Period covered by return. SCHEDULE 2 6. Number of life stage of each species of fish held. 1. Fish obtained within South Australia for use in the fish farm 7. Number, weight and value of each species of fish held. shall only be obtained from registered fish farmers, licensed fishers or other persons approved by the Director of Fisheries. 8. Details of any disease detected in any fish kept. 2. The permit holder shall not import any live fish (ova, fry or 9. Source (whether interstate or intrastate) of any stock adult) into South Australia unless the shipment has certification acquired and date of acquisition (if relevant, include name from an appropriate authority in the State from which they are of authority that provided certification that stock was obtained that they are free from all relevant notifiable diseases free from disease). listed in Schedule 4 of the Fisheries (Exotic Fish, Fish Farming 10. If any fish were brought into the state, the number of and Fish Diseases) Regulations 1984. fish and the life stage of the fish. 3. Any oysters brought into South Australia must undergo a soakage process whereby they are completely submerged in fresh 11. If fish were brought into the state, the purpose for which water for a period of not less than 2 hours before being placed in they were brought in. the approved structures. Fresh water is deemed to be water 12. Method of disposal of water and packaging use for suitable for human consumption or horticultural or agricultural transporting the fish. use. 13. If any disease or symptom of disease occurred in the 4. The permit holder shall not contravene or fail to comply acquired fish. with the Fisheries Act 1982, or any regulations made under the Act, except where specifically permitted by this notice. 14. Method of disposal of diseased or dead fish and the number disposed of. 5. The permit holder must retain the copy of this permit which has been supplied by the Director of Fisheries, and if requested by 15. Signature, date and telephone number. a Fisheries and Aquaculture Officer, produce that permit for 16. Use of any chemicals for fish husbandry—type of inspection. chemical and quantity used, purpose and date of use. Dated 3 November 1999. G. R. MORGAN, Director of Fisheries

FISHERIES ACT 1982 MARINE MOLLUSC FARMING LICENCE FM00310 (PREVIOUS LICENCE NO. F1521) 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2309

Licence to Farm Fish under section 53 of the Fisheries 6.3 must maintain all buoys, crosses, and markers on the site Act 1982 in good condition and in accordance with the colours WHEREAS the Director of Fisheries has, pursuant to section specified in Schedule 1 of this licence; and 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to 6.4 must mark the site boundary in accordance with the the undermentioned licensee to release the fish specified in specifications in Schedule 1 of this licence. Item 1 of Schedule 2 of this licence (‘the permitted species’) and, 7. Site Inspection and Supervision pursuant to section 48G (2) of the Act, the Director of Fisheries has also issued a permit to disturb the seabed for the purpose of The licensee: installing structures necessary for the licensed activity at the 7.1 must at all times permit the Minister, his employees, undermentioned site, the Minister for Primary Industries, Natural agents or contractors or any employees, agents or Resources and Regional Development (‘the Minister’) hereby contractors of the Crown to enter the site for the grants to: purposes of inspecting the site, the sea floor and the West Coast Enterprises Pty Ltd (12308) flora and fauna on or in the vicinity of the site; and 4 Eyre Street 7.2 must comply with all reasonable directions of any such Port Lincoln, S.A. 5606, person authorised by the Director of Fisheries to inspect a non-exclusive licence to occupy and use the waters specified in the conduct of the licensee’s activities at the site. Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of 8. Fees and Returns farming and taking the permitted species (‘the permitted use’) for the period commencing on 1 July 1999 and ending, subject to any The licensee: earlier termination under this licence, on 30 June 2000 (‘the 8.1 must pay to the Minister the licence fee in accordance term’) subject to the following terms and conditions: with Item l of Schedule 3 of this licence; CONDITIONS OF THIS LICENCE 8.2 must on or before 31 January and 31 July during the 1. Licence term, submit to the Minister a return supplying all of The parties acknowledge and agree that: the information described in Schedule 4 of this licence. 1.1 the rights, powers and privileges granted to or vested in 9. Compliance With Relevant Laws the licensee under this licence are contractual only and 9.1 the licensee must at all times comply with all laws, by- shall not create or vest in the licensee any estate, laws or regulations in force which relate to the site or interest or right of a proprietary nature in the site; and the activities conducted in the site and with all notices, 1.2 that, subject to section 53A of the Fisheries Act 1982, orders or requirements lawfully given or made by any this licence does not entitle the licensee to exclusive authority or authorities in respect of the site; rights of entry to and occupation of the site and that 9.2 in particular, without derogating from the general the rights granted by this licence are exercisable by the requirement under condition 9 of this licence: licensee in common with any other occupiers of the site from time to time. 9.2.1 the licensee must not do or permit to be done in upon or about the site anything which in the 2. Marked-off Areas opinion of the Minister would cause or contribute For the purposes of section 53A of the Fisheries Act 1982, the to the degradation or pollution of any coastal marked-off areas within the site is that area or those areas land or the surrounding marine environment; and marked-off or indicated in the manner set out in Item 2 of 9.2.2 in the event that the Minister is satisfied, on Schedule 1 of this licence. reasonable grounds, that the fish taken from the 3. Permitted Species waters are not fit for human consumption or that consumption of fish taken from the waters could The licensee: present a danger to the health of the consumer, 3.1 must not farm or introduce any species at the site other the licensee must, in accordance with a written than the permitted species; and notice from the Minister, cease or suspend the conduct of the permitted use or else conduct the 3.2 must not take any wild fish from the site except for permitted use as directed within the notice. recreational purposes. 10. Public Risk Liability 4. Permitted Use The licensee must at all times indemnify the Minister, his The licensee must not use the site for any purpose other than officers, employees, contractors and agents from and against all the permitted use. claims, demands, actions, judgments, proceedings, damages, losses, 5. Permitted Methods costs, charges and expenses in respect of any loss of life, personal The licensee: injury and/or damage to property caused or suffered in any manner in or about the site. 5.1 must not stock the permitted species at a rate greater Release than that specified in Schedule 2 of this licence; 11. 5.2 must not use the anti-fouling chemical tributyltin (TBT) The licensee must use and keep the site at the risk in all things on any equipment used at the site; of the licensee and the licensee must release to the full extent permitted by law the Minister, his agents, contractors and 5.3 must not use any chemical or drug for either therapeutic servants in the absence of any wilful act, omission, default or or prophylactic purpose except with the prior approval neglect on their part from all claims and demands of every kind of the Minister; resulting from any accident damage or injury to persons or 5.4 must apply the permitted farming methods set out in property occurring at the site, including loss or damage to the Item 2 of Schedule 2 of this licence. licensee’s fixtures or personal property of the licensee. 5.5 must conduct an environmental monitoring program as 12. Public Risk Insurance set out in Schedule 5 of this licence. The licensee shall at its own cost and expense during the term 6. Marking and Maintaining the Site effect and keep in full force and effect in respect of the site and the permitted use a policy of public risk insurance in the joint The licensee: names of the licensee and the Minister in which the limits of 6.1 must ensure that the site is maintained in a good, tidy public risk shall not be less than the amount specified in Item 2 and safe condition to the satisfaction of 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 time to time by the Minister in relation to the removal from the site of any unhealthy or dead fish; 2310 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999 of Schedule 3 of this licence, or such further amount as the respect of any antecedent breach by the licensee of Minister may from time to time reasonably require, as the the terms and conditions contained in this licence. amount which may be paid out in respect of any one single claim 16. Interpretation and a policy of insurance or copy thereof or a certificate of insurance shall be produced by the licensee to the Minister on Subject to any inconsistency of subject or context, the request in writing being made by the Minister for its production. following rules of construction shall be used in the interpretation of this licence: 13. Guarantee or Indemnity Scheme 16.1 any word importing the plural includes the singular The licensee must either: and vice versa; 13.1 provide a guarantee from its bankers; or 16.2 any wording importing a gender shall include all 13.2 contribute to an indemnity scheme established for other genders; the aquaculture and fisheries industry and approved by 16.3 a reference to a body corporate shall include a the Minister, natural person and vice versa; to and in favour of and for the benefit of the Minister by way of 16.4 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 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 construction of this licence; 14. No Assignment 16.6 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. Default by Licensee and Termination 16.7 where two or more persons are named as licensees, 15. 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 17. Delegation this licence, and following the giving by the Minister of written notice of such breach or default, the Any consent, notice, any consultation or any other thing licensee either fails to rectify such breach or default which is pursuant to the terms of this licence either required to be within one calendar month of the date of such notice given, done or performed or which may be given, done or (or earlier if the circumstances require) or fails to performed by the Minister may for the purposes of this licence be make diligent progress towards rectifying any such properly given, done or performed by any duly authorised agent breach which is incapable of rectification within the or employee of the Minister. time so limited; or 18. Severance 15.2 the licensee commits or permits any further breach If any term or condition of this licence should be for any or default of the obligations imposed on the licensee reason unlawful, void, invalid or unenforceable then the offending by this licence for which the Minister has previously term or condition shall be severed from this licence without given notice in writing of such breach or default affecting the validity or enforceability of the remainder of this pursuant to paragraph 1 of condition 15.1 notwith- licence. standing rectification of the previous breach or default; or 19. Modification 15.3 the licence fee referred to in condition 8 is unpaid No variation of or addition to any provision of this licence for a period of 14 days after notice has been given to shall be binding upon the Minister and the licensee unless such the licensee that it is outstanding; or variation or addition is made in writing, signed by both the Minister and the licensee and expressed to be either supplemental 15.4 if the licensee is a body corporate, any of the to or in substitution for the whole or a part of this licence. following occur: 20. Waiver 15.4.1 the licensee is unable to pay its debts as and when they fall due or is otherwise insolvent; 20.1 A waiver of any provision of this licence by the Minister must both be in writing and be signed by the 15.4.2 an order is made for the winding up or Minister or by persons duly authorised to execute such liquidation of the licensee; a document on the Minister’s part. 15.4.3 the licensee enters into a scheme of 20.2 No waiver by the Minister of a breach of a term or arrangement, compromise, moratorium or condition contained in this licence shall operate as a other form of composition with its creditors waiver of any breach of the same or any other term or any class of its creditors; or condition contained in this licence. 15.4.4 a receiver, a manager or a receiver and 20.3 No forbearance, delay or indulgence by the Minister manager, a company administrator or other in enforcing the provisions of this licence shall insolvency administrator is appointed to the prejudice or restrict the rights of the Minister. licensee; or 21. Notices 15.4.5 a mortgagee, chargee or other encum- brancee is appointed over or takes 21.1 Notices may be served by delivering the same possession of or appoints an agent to take personally, by mail or facsimile transmission and shall possession of all or any of the licensee’s be: assets; or 21.1.1 in writing addressed to the Director of 15.5 if the licensee is an individual, the licensee: Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 (in the case of 15.5.1 becomes bankrupt or assigns its estate or the Minister) and to the address of the enters into a deed of arrangement or other licensee set out above (in the case of the form of composition for the benefit of the licensee); licensee’s creditors; or 21.1.2 signed by or on behalf of the sender or by a 15.5.2 is convicted of an indictable offence. person duly authorised in that regard by the Termination of this licence by the Minister shall be sender; without prejudice to any rights, remedies or actions 21.1.3 deemed to be duly served or made in the that the Minister may have against the licensee in following circumstances: 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2311

(a) if delivered, upon delivery; (5) Between the corner posts at intervals not exceeding (b) if sending by mail, upon posting; 50 m, buoys not less than 300 mm in diameter. (c) if sent by facsimile transmission, upon (6) All buoys, posts, crosses and markers must be the sender’s facsimile producing a maintained in good condition. transmission report that the facsimile or was satisfactorily sent in its entirety to (b) (1) At each corner, yellow spar buoys with a St the addressee’s facsimile number, Andrews cross as a top mark placed at least but if delivery is not made before 5 p.m. on 900 mm above the buoy, cross arms 900 mm long x any day it shall be deemed to be received at 75 mm wide. 9 a.m. on the next day in that place. (2) The buoys and topmarks must all be coloured 21.2 The Minister and the licensee may each vary their yellow and marked with a yellow retro-reflective as address or facsimile number at any time by written in (a) (4). notice. (3) All buoys, posts, crosses and markers must be 22. SASQAP maintained in good condition. 22.1 The licensee: When the site is in navigable water and possible danger to navigation, lights must be placed on the top of each St Andrews 22.1.1 must submit to the Manager, South cross that is located at each corner of the site and these lights Australian Shellfish Quality Assurance must be yellow in colour and flashing once every 4 seconds and Program (‘SASQAP’) for testing such visible over an arc of 360 degrees for a distance of at least one sample as the Manager, SASQAP requires of mile. the fish farmed at the site and specified in Item 1.1 of Schedule 2; Item 2—Marked-Off Areas 22.1.2 must comply with all reasonable require- [Co-ordinates of developed areas within the site to be provided ments of the Manager, SASQAP in relation by the licensee.] to such testing; and White buoys of at least 12 inches in diameter must be placed 22.1.3 must obtain the written consent of the around the whole of the perimeter of the developed areas within Manager, SASQAP, prior to making any of the site at a distance of no less than 50 m from one another. the fish farmed at the site and specified in SCHEDULE 2 Item 1.1 of Schedule 2, available for human consumption. Item 1¾Permitted Species Granted on behalf of the Minister by Director of Fisheries, The Director of Fisheries has, pursuant to section 50 (2) of the delegate of the Minister, on 9 November 1999. Act, issued a permit for the release of the fish specified in this Schedule. G. R. MORGAN, Director of Fisheries Blue Mussels (Mytilus edulis) The licensee hereby acknowledges and agrees to the terms and conditions of this licence. Item 1.1—Fish subject to SASQAP testing The Common Seal of West Coast Enterprises Pty Ltd was Blue Mussels (Mytilus edulis) hereunto affixed in the presence of: Item 2¾Permitted Farming Methods (L.S.) D. HOCKADAY, Director The Director of Fisheries has, pursuant to section 48G (2) of T. A. HOCKADAY, Witness the Act, issued a permit to disturb the seabed for the purpose of installing the structures specified in this Schedule. SCHEDULE 1 Longlines Item 1—The Site Each unit must not exceed 100 m in length and 2 m in width, Area applicable to this licence: and each unit must be at least 6 m from any other unit. Licensed Area Licensed Item 3¾Stocking Rates Hectares AGD 66¾Zone 53 Mussels 586831E 6154867N 5 Size (mm) Number per Hectare 586993E 6154686N 3 30 000 000 586856E 6154535N 10 20 000 000 586678E 6154708N 20 16 000 000 All structures, equipment, buoys and flotations (except for that 30 13 000 000 required by the Department for Transport, Urban Planning and 40 6 000 000 the Arts) must be black, dark grey, dark blue, dark brown, or dark 50 4 000 000 green coloured materials. 60 2 000 000 70 1 500 000 The boundary of the site to be marked either with: 80 1 000 000 (a) (1) At the corners with posts extending 900 mm above 90 750 000 mean high water springs. Such posts to be marked 100 500 000 with a St Andrews cross, each cross arm measuring SCHEDULE 3 900 mm from tip to tip, minimum width 75 mm. Item 1—Fees (2) Posts to be not less than 125 mm in diameter. Annual licence fees are: (3) Posts and crosses to be painted yellow. $ (4) The ends of each cross to be marked with a Base Licence Fee per hectare 5 at $57 each...... 285.00 200 mm strip of yellow retro-reflective tape. SASQAP (Under Classification) ...... 849.00 Total Annual Licence Fee...... 1 134.00 Quarterly Instalments...... 283.50 Item 2—Public Risk Insurance Five million dollars ($5 000 000). 2312 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

SCHEDULE 4 Item 2—Structures to be installed Returns Longlines The licensee must submit the following information to the Each unit must not exceed 100 m in length and 2 m in width Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 and each unit must be at least 6 m from any other unit. Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and Dated 9 November 1999. 31 July during the term of this licence: G. R. MORGAN, Director of Fisheries 1. Name of licensee. 2. Address of licensee. FISHERIES ACT 1982: SECTION 50 (2) 3. Species of fish farmed and held on the site. TAKE notice that pursuant to section 50 (2) of the Fisheries Act 4. Location of aquaculture operation. 1982, I hereby authorise West Coast Enterprises Pty Ltd, 4 Eyre Street, Port Lincoln, S.A. 5606 (hereinafter referred to as the 5. Period covered by return. ‘permit holder’) to engage in the activities and to do the acts 6. Number of life stage of each species of fish held. specified in Schedule 1, subject to the conditions specified in Schedule 2 from the date of this permit ending upon the 7. Number, weight and value of each species of fish held. expiration or earlier termination of Licence Number FM00310. 8. Details of any disease detected in any fish kept. SCHEDULE 1 9. Source (whether interstate or intrastate) of any stock The importation and release of Blue Mussels, (Mytilus edulis) acquired and date of acquisition (if relevant, include name within the waters defined by the following co-ordinates: of authority that provided certification that stock was free from disease). Licensed Area Licensed Hectares 10. If any fish were brought into the state, the number of AGD 66—Zone 53 fish and the life stage of the fish. 586831E 6154867N 5 11. If fish were brought into the state, the purpose for which 586993E 6154686N they were brought in. 586856E 6154535N 12. Method of disposal of water and packaging use for 586678E 6154708N transporting the fish. SCHEDULE 2 13. If any disease or symptom of disease occurred in the 1. Fish obtained within South Australia for use in the fish farm acquired fish. shall only be obtained from registered fish farmers, licensed 14. Method of disposal of diseased or dead fish and the fishers or other persons approved by the Director of Fisheries. number disposed of. 2. The permit holder shall not import any live fish (ova, fry or 15. Signature, date and telephone number. adult) into South Australia unless the shipment has certification from an appropriate authority in the State from which they are 16. Use of any chemicals for fish husbandry—type of obtained that they are free from all relevant notifiable diseases chemical and quantity used, purpose and date of use. listed in Schedule 4 of the Fisheries (Exotic Fish, Fish Farming SCHEDULE 5 and Fish Diseases) Regulations 1984. Approved Environmental Monitoring Program 3. Any oysters brought into South Australia must undergo a soakage process whereby they are completely submerged in fresh An Environmental Monitoring Program for the site must water for a period of not less than 2 hours before being placed in comply with the general requirements for environmental the approved structures. Fresh water is deemed to be water monitoring specified in the notes to the Decision Notification suitable for human consumption or horticultural or agricultural Form issued for the site under Regulation 42 of the Development use. Regulations 1993. 4. The permit holder shall not contravene or fail to comply The licensee must submit a draft Environmental Monitoring with the Fisheries Act 1982, or any regulations made under the Program in writing to the General Manager Aquaculture within 60 Act, except where specifically permitted by this notice. days after the grant of the licence by the Minister. 5. The permit holder must retain the copy of this permit which has been supplied by the Director of Fisheries, and if requested by FISHERIES ACT 1982: SECTION 48G (2) a Fisheries and Aquaculture Officer, produce that permit for inspection. TAKE notice that pursuant to section 48G (2) of the Fisheries Act 1982, I hereby authorise West Coast Enterprises Pty Ltd, 4 Dated 9 November 1999. Eyre Street, Port Lincoln, S.A. 5606 (hereinafter referred to as G. R. MORGAN, Director of Fisheries the ‘permit holder’) to disturb the seabed of the site specified in Item 1 of the Schedule for the purpose only of installing the structures specified in Item 2 of the Schedule in accordance with FISHERIES ACT 1982 Marine Mollusc Farming Licence Number FM00310, (such MARINE MOLLUSC FARMING LICENCE FM00329 structures not to be installed on the seabed itself) for the period commencing 1 July 1999 and ending upon the expiration or Licence to Farm Fish under section 53 of the Fisheries earlier termination of Marine Mollusc Farming Licence Number Act 1982 FM00310, issued pursuant to section 53 of the Fisheries Act WHEREAS the Director of Fisheries has, pursuant to section 1982. 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to SCHEDULE 1 the undermentioned licensee to release the fish specified in Item 1—Location Co-ordinates Item 1 of Schedule 2 of this licence (‘the permitted species’) and, pursuant to section 48G (2) of the Act, the Director of Fisheries Licensed Area Licensed has also issued a permit to disturb the seabed for the purpose of Hectares installing structures necessary for the licensed activity at the AGD 66—Zone 53 undermentioned site, the Minister for Primary Industries, Natural 586831E 6154867N 5 Resources and Regional Development (‘the Minister’) hereby 586993E 6154686N grants to: 586856E 6154535N Eyrewoolf Enterprises Pty Ltd (12152) 586678E 6154708N Wayrob Pty Ltd (1569) Allotment 13 of Block 3D, Hundred of Rippon Streaky Bay, S.A. 5680, 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2313 a non-exclusive licence to occupy and use the waters specified in 8.1 must pay to the Minister the licence fee in accordance Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of with Item l of Schedule 3 of this licence; 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 July 1999 and ending, subject to any term, submit to the Minister a return supplying all of earlier termination under this licence, on 30 June 2000 (‘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 1. Licence 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 parties acknowledge and agree that: the activities conducted in the site and with all notices, 1.1 the rights, powers and privileges granted to or vested in orders or requirements lawfully given or made by any the licensee under this licence are contractual only and authority or authorities in respect of the site; 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. Marked-off Areas 9.2.2 in the event that the Minister is satisfied, on 2. reasonable grounds, that the fish taken from the For the purposes of section 53A of the Fisheries Act 1982, the waters are not fit for human consumption or that marked-off areas within the site is that area or those areas consumption of fish taken from the waters could marked-off or indicated in the manner set out in Item 2 of present a danger to the health of the consumer, Schedule 1 of this licence. the licensee must, in accordance with a written 3. Permitted Species notice from the Minister, cease or suspend the 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 10. Public Risk Liability than the permitted species; and The licensee must at all times indemnify the Minister, his 3.2 must not take any wild fish from the site except for officers, employees, contractors and agents from and against all recreational purposes. claims, demands, actions, judgments, proceedings, damages, losses, 4. 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 The licensee must not use the site for any purpose other than manner in or about the site. the permitted use. 11. Release 5. Permitted Methods The licensee must use and keep the site at the risk in all things The licensee: of the licensee and the licensee must release to the full extent 5.1 must not stock the permitted species at a rate greater permitted by law the Minister, his agents, contractors and than that specified in Schedule 2 of this licence; servants in the absence of any wilful act, omission, default or neglect on their part from all claims and demands of every kind 5.2 must not use the anti-fouling chemical tributyltin (TBT) resulting from any accident damage or injury to persons or on any equipment used at the site; property occurring at the site, including loss or damage to the 5.3 must not use any chemical or drug for either therapeutic licensee’s fixtures or personal property of the licensee. or prophylactic purpose except with the prior approval 12. Public Risk Insurance of the Minister; The licensee shall at its own cost and expense during the term 5.4 must apply the permitted farming methods set out in effect and keep in full force and effect in respect of the site and Item 2 of Schedule 2 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 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. 8. Fees and Returns The licensee: 2314 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

14. No Assignment 16.6 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. 16.7 where two or more persons are named as licensees, 15. Default by Licensee and Termination this licence shall bind the licensees jointly and each of them severally; and The Minister may terminate this licence immediately by notice in writing served on the licensee if: 16.8 time is of the essence in respect of any obligation relating to time in this licence. 15.1 the licensee commits or permits any breach or Delegation default of the obligations imposed on the licensee by 17. this licence, and following the giving by the Minister Any consent, notice, any consultation or any other thing of written notice of such breach or default, the which is pursuant to the terms of this licence either required to be licensee either fails to rectify such breach or default given, done or performed or which may be given, done or within one calendar month of the date of such notice performed by the Minister may for the purposes of this licence be (or earlier if the circumstances require) or fails to properly given, done or performed by any duly authorised agent make diligent progress towards rectifying any such or employee of the Minister. breach which is incapable of rectification within the 18. Severance time so limited; or If any term or condition of this licence should be for any 15.2 the licensee commits or permits any further breach reason unlawful, void, invalid or unenforceable then the offending or default of the obligations imposed on the licensee term or condition shall be severed from this licence without by this licence for which the Minister has previously affecting the validity or enforceability of the remainder of this given notice in writing of such breach or default licence. pursuant to paragraph 1 of condition 15.1 notwith- standing rectification of the previous breach or 19. Modification default; or No variation of or addition to any provision of this licence 15.3 the licence fee referred to in condition 8 is unpaid shall be binding upon the Minister and the licensee unless such for a period of 14 days after notice has been given to variation or addition is made in writing, signed by both the the licensee that it is outstanding; or Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. 15.4 if the licensee is a body corporate, any of the following occur: 20. Waiver 15.4.1 the licensee is unable to pay its debts as and 20.1 A waiver of any provision of this licence by the when they fall due or is otherwise insolvent; Minister must both be in writing and be signed by the Minister or by persons duly authorised to execute such 15.4.2 an order is made for the winding up or a document on the Minister’s part. liquidation of the licensee; 20.2 No waiver by the Minister of a breach of a term or 15.4.3 the licensee enters into a scheme of condition contained in this licence shall operate as a arrangement, compromise, moratorium or waiver of any breach of the same or any other term other form of composition with its creditors or condition contained in this licence. or any class of its creditors; 20.3 No forbearance, delay or indulgence by the Minister 15.4.4 a receiver, a manager or a receiver and in enforcing the provisions of this licence shall manager, a company administrator or other prejudice or restrict the rights of the Minister. insolvency administrator is appointed to the licensee; or 21. Notices 15.4.5 a mortgagee, chargee or other encum- 21.1 Notices may be served by delivering the same brancee is appointed over or takes personally, by mail or facsimile transmission and shall possession of or appoints an agent to take be: possession of all or any of the licensee’s 21.1.1 in writing addressed to the Director of assets; or Fisheries, PIRSA, 16th Floor, 25 Grenfell 15.5 if the licensee is an individual, the licensee: Street, Adelaide, S.A. 5000 (in the case of the Minister) and to the address of the 15.5.1 becomes bankrupt or assigns its estate or licensee set out above (in the case of the enters into a deed of arrangement or other licensee); form of composition for the benefit of the licensee’s creditors; or 21.1.2 signed by or on behalf of the sender or by a person duly authorised in that regard by the 15.5.2 is convicted of an indictable offence. sender; Termination of this licence by the Minister shall be 21.1.3 deemed to be duly served or made in the without prejudice to any rights, remedies or actions following circumstances: that the Minister may have against the licensee in respect of any antecedent breach by the licensee of (a) if delivered, upon delivery; the terms and conditions contained in this licence. (b) if sending by mail, upon posting; 16. Interpretation (c) if sent by facsimile transmission, upon Subject to any inconsistency of subject or context, the the sender’s facsimile producing a following rules of construction shall be used in the interpretation transmission report that the facsimile of this licence: was satisfactorily sent in its entirety to the addressee’s facsimile number, 16.1 any word importing the plural includes the singular and vice versa; but if delivery is not made before 5 p.m. on any day it shall be deemed to be received at 16.2 any wording importing a gender shall include all 9 a.m. on the next day in that place. other genders; 21.2 The Minister and the licensee may each vary their 16.3 a reference to a body corporate shall include a vice versa address or facsimile number at any time by written natural person and ; notice. 16.4 a reference to a recital, party, clause, Schedule or Granted on behalf of the Minister by Director of Fisheries, Annexure is a reference to a recital, party, clause, delegate of the Minister, on 4 November 1999. Schedule or Annexure of this licence; G. R. MORGAN, Director of Fisheries 16.5 the captions, headings, section numbers and clause numbers appearing in this licence are inserted only as The licensee hereby acknowledges and agrees to the terms and a matter of convenience and in no way affect the conditions of this licence. construction of this licence; 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2315

The Common Seal of Wayrob Pty Ltd was hereunto affixed in Item 2¾Permitted Farming Methods the presence of: The Director of Fisheries has, pursuant to section 48G (2) of (L.S.) W. GUIDERA, Director the Act, issued a permit to disturb the seabed for the purpose of installing the structures specified in this Schedule. R. L. GUIDERA, Witness BST Longlines SCHEDULE 1 Each BST longline unit must comply with the construction Item 1—The Site requirements specified in the Decision Notification Form issued Area applicable to this licence: for the site under Regulation 42 of the Development Regulation Act 1993. Licensed Area Licensed Hectares Item 3¾Stocking Rates AGD 66—Zone 53 Oysters 424350E 6379700N 10 Size (mm) Number per Hectare 424700E 6379570N 424700E 6379270N 3 2 500 000 424350E 6379430N 10 1 600 000 20 1 100 000 All structures, equipment, buoys and flotations (except for that 30 750 000 required by the Department for Transport, Urban Planning and 40 500 000 the Arts) must be black, dark grey, dark blue, dark brown, or dark 50 350 000 green coloured materials. 60 200 000 The boundary of the site to be marked either with: 70 150 000 80 100 000 (a) (1) At the corners with posts extending 900 mm above mean high water springs. Such posts to be marked SCHEDULE 3 with a St Andrews cross, each cross arm measuring Item 1—Fees 900 mm from tip to tip, minimum width 75 mm. $ (2) Posts to be not less than 125 mm in diameter. Annual licence fees are (pro rata): (3) Posts and crosses to be painted yellow. FRDC levy per hectare 10 at $12.50 each ...... 93.75 (4) The ends of each cross to be marked with a EMP fee per hectare 10 at $22.96 each...... 172.20 200 mm strip of yellow retro-reflective tape. Base licence fee per hectare 10 at $57.00 each...... 427.50 SASQAP (Classified Area) per hectare 10 at (5) Between the corner posts at intervals not exceeding $60 each ...... 450.00 50 m, buoys not less than 300 mm in diameter. Total Annual Licence Fee...... 1 143.45 (6) All buoys, posts, crosses and markers must be Quarterly instalments...... 285.86 maintained in good condition. Item 2—Public Risk Insurance or Five million dollars ($5 000 000). (b) (1) At each corner, yellow spar buoys with a St Andrews cross as a top mark placed at least SCHEDULE 4 900 mm above the buoy, cross arms 900 mm long x Returns 75 mm wide. The licensee must submit the following information to the (2) The buoys and topmarks must all be coloured Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 yellow and marked with a yellow retro-reflective as Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and in (a) (4). 31 July during the term of this licence: (3) All buoys, posts, crosses and markers must be 1. Name of licensee. maintained in good condition. 2. Address of licensee. When the site is in navigable water and possible danger to navigation, lights must be placed on the top of each St Andrews 3. Species of fish farmed and held on the site. cross that is located at each corner of the site and these lights 4. Location of aquaculture operation. must be yellow in colour and flashing once every 4 seconds and visible over an arc of 360 degrees for a distance of at least one 5. Period covered by return. mile. 6. Number of life stage of each species of fish held. Item 2—Marked-Off Areas 7. Number, weight and value of each species of fish held. [Co-ordinates of developed areas within the site to be provided 8. Details of any disease detected in any fish kept. by the licensee.] 9. Source (whether interstate or intrastate) of any stock White buoys of at least 12 inches in diameter must be placed acquired and date of acquisition (if relevant, include name around the whole of the perimeter of the developed areas within of authority that provided certification that stock was the site at a distance of no less than 50 m from one another. free from disease). SCHEDULE 2 10. If any fish were brought into the state, the number of Item 1¾Permitted Species fish and the life stage of the fish. The Director of Fisheries has, pursuant to section 50 (2) of the 11. If fish were brought into the state, the purpose for which Act, issued a permit for the release of the fish specified in this they were brought in. Schedule. 12. Method of disposal of water and packaging use for Pacific Oysters (Crassostrea gigas) transporting the fish. 13. If any disease or symptom of disease occurred in the acquired fish. 14. Method of disposal of diseased or dead fish and the number disposed of. 15. Signature, date and telephone number. 16. Use of any chemicals for fish husbandry—type of chemical and quantity used, purpose and date of use. 2316 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

FISHERIES ACT 1982: SECTION 48G (2) 5. The permit holder must retain the copy of this permit which TAKE notice that pursuant to section 48G (2) of the Fisheries has been supplied by the Director of Fisheries, and if requested by Act 1982, I hereby authorise Eyrewoolf Enterprises Pty Ltd and a Fisheries and Aquaculture Officer, produce that permit for Wayrob Pty Ltd, Allotment 13, Block 3D, Hundred of Rippon, inspection. Streaky Bay, S.A. 5680 (hereinafter referred to as the ‘permit Dated 9 November 1999. holder’) to disturb the seabed of the site specified in Item 1 of the G. R. MORGAN, Director of Fisheries Schedule for the purpose only of installing the structures specified in Item 2 of the Schedule in accordance with Marine Mollusc Farming Licence Number FM00329, (such structures not to be installed on the seabed itself) for the period commencing 1 July FISHERIES ACT 1982: SECTION 43 1999 and ending upon the expiration or earlier termination of Marine Mollusc Farming Licence Number FM00329, issued TAKE notice that it is hereby declared that it shall be unlawful pursuant to section 53 of the Fisheries Act 1982. for any person to engage in the class of fishing activity specified in Schedule 1 during the periods specified in Schedule 2. SCHEDULE 1 SCHEDULE 1 Item 1—Location Co-ordinates The act of taking or the act preparatory to or involved in the Licensed Area Licensed taking of western king prawn (Penaeus latisulcatus) in all waters Hectares of Spencer Gulf. AGD 66—Zone 53 424350E 6379700N 10 SCHEDULE 2 424700E 6379570N 0600 hours on 17 November 1999 to 2030 hours on 4 424700E 6379270N December 1999. 424350E 6379430N Dated 10 November 1999. Item 2—Structures to be installed W. ZACHARIN, Principal Fisheries Manager BST Longlines P0048/99 Dated 9 November 1999. G. R. MORGAN, Director of Fisheries FISHERIES ACT 1982: SECTION 43 FISHERIES ACT 1982: SECTION 50 (2) TAKE notice that it is hereby declared that it shall be unlawful TAKE notice that pursuant to section 50 (2) of the Fisheries Act for any person to engage in the class of fishing activity specified 1982, I hereby authorise Eyrewoolf Enterprises Pty Ltd and in Schedule 1 during the periods specified in Schedule 2. Wayrob Pty Ltd, Allotment 13, Block 3D, Hundred of Rippon, Streaky Bay, S.A. 5680 (hereinafter referred to as the ‘permit SCHEDULE 1 holder’) to engage in the activities and to do the acts specified in The act of taking or the act preparatory to or involved in the Schedule 1, subject to the conditions specified in Schedule 2 from taking of western king prawn (Penaeus latisulcatus) in all waters the date of this permit ending upon the expiration or earlier of the Spencer Gulf prawn fishery between 0600 hours and 2030 termination of Licence Number FM00329. hours. SCHEDULE 1 SCHEDULE 2 The importation and release of Pacific Oysters, (Crassostrea 11 November 1999 to 16 November 1999. gigas ) within the waters defined by the following co-ordinates: Dated 10 November 1999. Licensed Area Licensed W. ZACHARIN, Principal Fisheries Manager Hectares AGD 66—Zone 53 P0047/99 424350E 6379700N 10 424700E 6379570N 424700E 6379270N 424350E 6379430N FISHERIES ACT 1982: SECTION 43 TAKE notice that it is hereby declared that it shall be unlawful SCHEDULE 2 for any person to engage in the class of fishing activity specified 1. Fish obtained within South Australia for use in the fish farm in Schedule 1 during the periods specified in Schedule 2. shall only be obtained from registered fish farmers, licensed fishers or other persons approved by the Director of Fisheries. SCHEDULE 1 The act of taking or the act preparatory to or involved in the 2. The permit holder shall not import any live fish (ova, fry or Penaeus latisulcatus adult) into South Australia unless the shipment has certification taking of western king prawn ( ) in all waters of Spencer Gulf south of a line commencing at position latitude from an appropriate authority in the State from which they are ° ¢ ° ¢ obtained that they are free from all relevant notifiable diseases 33 31.00 S, longitude 137 17.00 E, then to position latitude 33°31.00¢S, longitude 137°33.00¢E, then to position latitude listed in Schedule 4 of the Fisheries (Exotic Fish, Fish Farming ° ¢ ° ¢ and Fish Diseases) Regulations 1984. 33 37.00 S, longitude 137 33.00 E, then to position latitude 33°46.00¢S, longitude 137°44.00¢E. 3. Any oysters brought into South Australia must undergo a soakage process whereby they are completely submerged in fresh SCHEDULE 2 water for a period of not less than 2 hours before being placed in 2030 hours on 16 November 1999 to 0600 hours on 17 the approved structures. Fresh water is deemed to be water November 1999. suitable for human consumption or horticultural or agricultural Dated 10 November 1999. use. W. ZACHARIN, Principal Fisheries Manager 4. The permit holder shall not contravene or fail to comply with the Fisheries Act 1982, or any regulations made under the P0046/99 Act, except where specifically permitted by this notice. 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2317

FISHERIES ACT 1982: SECTION 43 34°15.00¢S, longitude 137°00.00¢E, then to position latitude ° ¢ ° ¢ TAKE notice that it is hereby declared that it shall be unlawful 33 54.00 S, longitude 136 34.00 E. for any person to engage in the class of fishing activity specified SCHEDULE 2 in Schedule 1 during the periods specified in Schedule 2. 2030 hours on 13 November 1999 to 0600 hours on 16 SCHEDULE 1 November 1999. The act of taking or the act preparatory to or involved in the Dated 10 November 1999. taking of western king prawn (Penaeus latisulcatus) in all waters W. ZACHARIN, Principal Fisheries Manager of Spencer Gulf south of a line commencing at position latitude 33°30.50¢S, longitude 137°17.00¢E, then to position latitude P0042/99 33°30.50¢S, longitude 137°33.00¢E, then to position latitude 33°37.00¢S, longitude 137°33.00¢E, then to position latitude 33°46.00¢S, longitude 137°44.00¢E. FISHERIES ACT 1982: SECTION 43 SCHEDULE 2 TAKE note that notice No. P0036/99 made under section 43 of 2030 hours on 13 November 1999 to 0600 hours on 16 the Fisheries Act 1982, dated 2 June 1999 and published in the November 1999. Government Gazette, page 2923, dated 3 June 1999, being the Dated 10 November 1999. sixth notice on that page, which refers to the Spencer Gulf prawn fishery is revoked as of 2030 hours on 10 November 1999. W. ZACHARIN, Principal Fisheries Manager Dated 10 November 1999. P0045/99 W. ZACHARIN, Principal Fisheries Manager R0026/99 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 in Schedule 1 during the periods specified in Schedule 2. FISHERIES ACT 1982: SECTION 43 SCHEDULE 1 TAKE note that notice No. V0009/99 made under section 43 of the Fisheries Act 1982, dated 17 June 1999 and published in the The act of taking or the act preparatory to or involved in the Government Gazette Penaeus latisulcatus , dated 3 June 1999, which refers to the Gulf taking of western king prawn ( ) in all waters St Vincent prawn fishery is revoked as of 2030 hours on 5 of Spencer Gulf south of a line commencing at position latitude November 1999. 33°30.00¢S, longitude 137°17.00¢E, then to position latitude 33°30.00¢S, longitude 137°33.00¢E, then to position latitude Dated 5 November 1999. ° ¢ ° ¢ 33 37.00 S, longitude 137 33.00 E, then to position latitude W. ZACHARIN, Principal Fisheries Manager 33°46.00¢S, longitude 137°44.00¢E. R0027/99 SCHEDULE 2 2030 hours on 10 November 1999 to 0600 hours on 13 November 1999. FISHERIES ACT 1982: SECTION 43 Dated 10 November 1999. TAKE notice that it is hereby declared that it shall be unlawful W. ZACHARIN, Principal Fisheries Manager for any person to engage in the class of fishing activity specified P0044/99 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 Gulf St Vincent between 0600 hours and 2030 hours. 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 6 November 1999 to 15 November 1999. The act of taking or the act preparatory to or involved in the Dated 5 November 1999. Penaeus latisulcatus taking of western king prawn ( ) in all waters W. ZACHARIN, Principal Fisheries Manager of Spencer Gulf south of a line commencing at position latitude 33°41.00¢S, longitude 137°09.00¢E, then to position latitude V0010/99 33°55.00¢S, longitude 137°09.00¢E, then to position latitude 33°59.00¢S, longitude 137°12.00¢E, then to position latitude 34°16.00¢S, longitude 137°00.00¢E, then to position latitude 33°54.00¢S, longitude 136°33.00¢E. FISHERIES ACT 1982: SECTION 43 SCHEDULE 2 TAKE notice that it is hereby declared that it shall be unlawful for any person to engage in the class of fishing activity specified 2030 hours on 16 November 1999 to 0600 hours on 17 in Schedule 1 during the periods specified in Schedule 2. November 1999. SCHEDULE 1 Dated 10 November 1999. The act of taking or the act preparatory to or involved in the W. ZACHARIN, Principal Fisheries Manager taking of western king prawn (Penaeus latisulcatus) in all waters P0043/99 of Gulf St Vincent. SCHEDULE 2 FISHERIES ACT 1982: SECTION 43 0600 hours on 15 November 1999 to 2030 hours on 31 December 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 November 1999. in Schedule 1 during the periods specified in Schedule 2. W. ZACHARIN, Principal Fisheries Manager SCHEDULE 1 V0011/99 The act of taking or the act preparatory to or involved in the taking of western king prawn (Penaeus latisulcatus) in all waters of Spencer Gulf south of a line commencing at position latitude 33°41.00¢S, longitude 137°08.00¢E, then to position latitude 33°55.00¢S, longitude 137°08.00¢E, then to position latitude 33°59.00¢S, longitude 137°11.00¢E, then to position latitude GOVERNMENT GAZETTE ADVERTISEMENT RATES 2318 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

To apply from 1 July 1999

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

GOVERNMENT GAZETTE NOTICES ALL private advertisements forwarded for publication in the South Australian Government Gazette must be PAID FOR PRIOR TO INSERTION; and all notices, from whatever source, should be legibly written on one side of the paper only and sent to Riverside 2000 so as to be received no later than 4 p.m. Tuesday preceding the day of publication. Phone 8207 1045 or Fax 8207 1040. E-mail: [email protected]. Send as attachments in Word format and please confirm your transmission with a faxed copy of your document, including the date the notice is to be published and to whom the notice will be charged. 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2319

MISCELLANEOUS LEGISLATION AND GOVERNMENT PUBLICATIONS PRICES AS FROM 1 JULY 1999

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

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

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

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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: Subscriptions and Standing Orders: Phone: (08) 8204 9447, (08) 8204 9448. Fax: (08) 8204 1898 P.O. Box 1, Rundle Mall, Adelaide, S.A. 5000. 2320 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

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GEOGRAPHICAL NAMES ACT 1991 SCHEDULE 2 Notice to Assign Names and Boundaries to Places The whole of the land described in certificate of title register NOTICE is hereby given pursuant to the provisions of the above book, volume 5063, folio 764, situated at 12 Taranto Court, Act that I, PETER MACLAREN KENTISH, Surveyor-General Hackham West, S.A. 5163, being allotment 204 on deposited and delegate appointed by Hon Robert Lawson, QC, Minister for plan 10676, Noarlunga, S.A. 5168. Administrative Services, Minister of the Crown to whom the Dated 11 November 1999. administration of the Geographical Names Act 1991, is Signed for an on behalf of the Minister for Consumer Affairs committed DO HEREBY assign the names KARKULTABY, by the Acting Commissioner for Consumer Affairs: MINNIPA, YANINEE, MOUNT DAMPER, PYGERY, WUDINNA, KYANCUTTA, WARRAMBOO, KOONGAWA, W. J. SPEHR, Acting Commissioner PINKAWILLINIE, COCATA, and PANEY to those areas within the District Council of Le Hunte and shown numbered 1 to 12 respectively on Rack Plan 828. LIQUOR LICENSING ACT 1997 AND GAMING MACHINES ACT 1992 Dated 3 November 1999. Notice of Application P. M. KENTISH, Surveyor-General, Department for Administrative and Information Services. NOTICE is hereby given, pursuant to section 52 of the Liquor Licensing Act 1997 and section 29 of the Gaming Machines Act DEHAA 04/0098 1992, that Piriemede Pty Ltd, c/o Norwood Financial Services, 47 Henry Street, Stepney, S.A. 5069 has applied to the Liquor Licensing Commissioner for the transfer of a Liquor and Gaming GEOGRAPHICAL NAMES ACT 1991 Machine Licence in respect of premises situated at 110 Pirie Notice to Assign Names and Boundaries to Places Street, Adelaide, S.A. 5000 and known as The Office. NOTICE is hereby given pursuant to the provisions of the above The applications have been set down for hearing on 10 Act that I, PETER MACLAREN KENTISH, Surveyor-General December 1999. and delegate appointed by Hon. Robert Lawson, QC, MLC, Any person may object to the application by lodging a notice Minister for Administrative Services, Minister of the Crown to of objection in the prescribed form with the Licensing Authority, whom the administration of the Geographical Names Act 1991, is and serving a copy of the notice on the applicant at the committed, DO HEARBY assign the names PORT KENNY, applicant’s address given above, at least seven days before the VENUS BAY, MOUNT DAMPER, TALIA, MOUNT WEDGE, hearing date. COLTON, MOUNT JOY, ELLISTON, BRAMFIELD, Plans in respect of the premises the subject of the application COOLILLIE, KAPPAWANTA, SHERINGA, PALKAGEE, are open to public inspection without fee at the Office of the POLDA, ULYERRA, HAMBIDGE, LOCK, MURDINGA, and Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 TOOLIGIE to those areas within the District Council of Elliston Grenfell Street, Adelaide, S.A. 5000. shown numbered 1 to 19 respectively on Rack Plan 841. Dated 6 November 1999. Dated 3 November 1999. Applicant P. M. KENTISH, Surveyor-General, Department for Administrative and Information Services. DEHAA 04/0089 LIQUOR LICENSING ACT 1997 AND GAMING MACHINES ACT 1992 Notice of Application GEOGRAPHICAL NAMES ACT 1991 NOTICE is hereby given, pursuant to section 52 of the Liquor Notice to Assign Boundaries and Names to Places Licensing Act 1997 and section 29 of the Gaming Machines Act NOTICE is hereby given pursuant to the Geographical Names Act 1992, that Beverley Ann Deren and Henry Deren have applied to 1991, I, PETER MACLAREN KENTISH, Surveyor-General and the Liquor and Gaming Commissioner for the transfer of a Hotel Delegate appointed by Hon Robert Lawson, QC, MLC, Minister Licence and a Gaming Machine Licence in respect of premises for Administrative Services, Minister of the Crown to whom the situated at Stockwell, S.A. 5355 and known as Stockwell Hotel. administration of the Geographical Names Act 1991 is The applications have been set down for hearing on 10 committed DO HEREBY assign the names BAKARA, GALGA, December 1999. MERCUNDA, MANTUNG, COPE-VILLE, MINDARIE, Any person may object to the application by lodging a notice WANBI, HALIDON, BOWHILL, PERPONDA, BORRIKA, of objection in the prescribed form with the Licensing Authority, SANDALWOOD, WYNARKA, KAROONDA and MARAMA to and serving a copy of the notice on the applicants at the those areas within the District Council of Karoonda East Murray applicants’ address given above, at least seven days before the and shown numbered 1 to 15 respectively on Rack Plan 852. hearing date. Dated 1 November 1999. Plans in respect of the premises the subject of the application P. M. KENTISH, Surveyor-General, Department for are open to public inspection without fee at the Office of the Administrative and Information Services. Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 DEHAA 04/0202 Grenfell Street, Adelaide, S.A. 5000. Dated 4 November 1999. Applicants LAND AND BUSINESS (SALE AND CONVEYANCING) ACT 1994 Section 23 LIQUOR LICENSING ACT 1997 AND GAMING MACHINES ACT 1992 TAKE notice that, pursuant to section 23 (3) of the Land and Notice of Application Business (Sale and Conveyancing) Act 1994, I, KENNETH TREVOR GRIFFIN, Minister for Consumer Affairs, DO HEREBY NOTICE is hereby given, pursuant to section 52 of the Liquor exempt the person named in Schedule 1 from the application of Licensing Act 1997 and section 29 of the Gaming Machines Act section 23 (2) of the Act in relation to the purchase of the land 1992, that Leading Counsel Pty Ltd (ACN 008 168 456), c/o specified in Schedule 2. Bonnins Commercial Lawyers, Level 14, 100 King William Street, Adelaide, S.A. 5000 has applied to the Liquor and Gaming SCHEDULE 1 Commissioner for the transfer of a Hotel Licence and a Gaming Anthony James Green, officer/employee of Wenaldi Pty Ltd. Machine Licence in respect of premises situated at 32 Hughes Street, Wallaroo, S.A. 5556 and known as Prince Edward Hotel. The applications have been set down for hearing on 10 December 1999. Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, 2322 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999 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 and Gaming Commissioner, 9th Floor, East Wing, 50 Plans in respect of the premises the subject of the application Grenfell Street, Adelaide, S.A. 5000. are open to public inspection without fee at the Office of the Dated 4 November 1999. Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 Grenfell Street, Adelaide, S.A. 5000. Applicant Applicant

LIQUOR LICENSING ACT 1997 LIQUOR LICENSING ACT 1997 Notice of Application Notice of Application (b) NOTICE is hereby given, pursuant to section 52 (2) of the (b) Liquor Licensing Act 1997, that D. K. Parade Pty Ltd, c/o NOTICE is hereby given, pursuant to section 52 (2) of the Moody Rossi & Co., 185 Victoria Square, Adelaide, S.A. 5000 has Liquor Licensing Act 1997, that Mount McKenzie Wine applied to the Licensing Authority for a Restaurant Licence in Company Pty Ltd has applied to the Licensing Authority for a respect of premises to be situated at Shop 9, Marina Pier, Producer’s Licence in respect of premises to be situated at section Holdfast Shores, Glenelg, S.A. 5045 and to be known as Red Rock 324, Hundred of Jellicoe, Sawpit Gully Road, Mount McKenzie Noodle Bar & Restaurant—Marina Pier. and to be known as Mount McKenzie Wine Company Pty Ltd. The application has been set down for hearing on 26 The application has been set down for hearing on 10 December November 1999. 1999. Any person may object to the application by lodging a notice Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicant at the and serving a copy of the notice on the applicant at the applicant’s address given above, at least seven days before the applicant’s address given above, at least seven days before the hearing date. hearing date. Plans in respect of the premises the subject of the application Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the are open to public inspection without fee at the Office of the Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 Grenfell Street, Adelaide, S.A. 5000. Grenfell Street, Adelaide, S.A. 5000. Dated 6 November 1999. Dated 2 November 1999. Applicant Applicant

LIQUOR LICENSING ACT 1997 LIQUOR LICENSING ACT 1997 Notice of Application Notice of Application (b) NOTICE is hereby given, pursuant to section 52 (2) (b) of the NOTICE is hereby given, pursuant to section 52 (2) of the Liquor Licensing Act 1997, that Kralingen Pty Ltd (ACN 008 Liquor Licensing Act 1997, that Celebration Sparkling Wines Pty 129 388) has applied to the Licensing Authority for the transfer Ltd (ACN 062 621 783), c/o Suite 8, Level 1/32A Oxford Street, of a Hotel Licence in respect of premises situated at 52 Mount Darlinghurst, N.S.W. 2010 has applied to the Licensing Authority Barker Road, Stirling and known as the Stirling Hotel. for a Producer’s Licence in respect of premises situated at Lot 6B, Spring Gully Road, Piccadilly, S.A. 5151. The application has been set down for hearing on 3 December 1999. The application has been set down for hearing on 10 December 1999. Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, Any person may object to the application by lodging a notice and serving a copy of the notice on the applicant at the of objection in the prescribed form with the Licensing Authority, applicant’s address given above, at least seven days before the and serving a copy of the notice on the applicant at the hearing date. applicant’s address given above, at least seven days before the hearing date. Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the Plans in respect of the premises the subject of the application Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 are open to public inspection without fee at the Office of the Grenfell Street, Adelaide, S.A. 5000. Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 Grenfell Street, Adelaide, S.A. 5000. Applicant Dated 29 October 1999. Applicant LIQUOR LICENSING ACT 1997 Notice of Application LIQUOR LICENSING ACT 1997 (b) NOTICE is hereby given, pursuant to section 52 (2) of the Notice of Application Liquor Licensing Act 1997, that Runaway Bay Pty Ltd (ACN 063 009 012) has applied to the Licensing Authority for the transfer NOTICE is hereby given, pursuant to section 52 (2) (b) of the of a Residential Licence in respect of premises situated at corner Liquor Licensing Act 1997, that McLaren Vale Winemakers Inc., Hindmarsh and Government Roads, Victor Harbor and known as c/o McLaren Vale and Fleurieu Visitor Centre, Main Road, Bayview Victor Motel. McLaren Vale, S.A. 5171 has applied to the Licensing Authority The application has been set down for hearing on 7 December for an order seeking variation of the conditions attaching to its 1999. licence in respect of premises situated at Main Road, McLaren Vale and known as McLaren Vale & Fleurieu Visitor Centre. The application has been set down for hearing on 10 December 1999. 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2323

Conditions Any person may object to the application by lodging a notice The following licence conditions are sought: of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicants at the For consumption on the licensed premises: applicants’ address given above, at least seven days before the • At all times with or ancillary to a meal. hearing date. • At all times to those persons attending a reception. Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the • For tasting by members of the public in Areas 1 and 2 of Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 wine and brandy produced in the McLaren Vale Wine Grenfell Street, Adelaide, S.A. 5000. Region or the Fleurieu Wine Zone by wineries who are members of the McLaren Vale Winemakers Inc. or wine Dated 3 November 1999. produced by the licensee, such tastings to be by way of Applicants free sample or by a reasonable charge. The Extended Trading Authorisation does not allow the sale of liquor without meals between the hours of midnight and LIQUOR LICENSING ACT 1997 5 a.m. on Good Friday, the day after Good Friday or the day Notice of Application after Christmas Day. NOTICE is hereby given, pursuant to section 52 (2) (b) of the For consumption off the licensed premises: Liquor Licensing Act 1997, that Milperra Enterprises Pty Ltd • Wine and brandy to members of the public provided that (ACN 089 032 084), Level 1, 170 North Terrace, Adelaide, S.A. such wine is produced in the McLaren Vale Region or 5000 has applied to the Licensing Authority for the transfer of a the Fleurieu Wine Zone by wineries who are members of Special Circumstances Licence in respect of premises situated at the McLaren Vale Winemakers Inc. Kangarilla Road, McLaren Vale, S.A. 5171 and known as McLarens on the Lake. • Wine produced by the licensee. The application has been set down for hearing on 13 December Any person may object to the application by lodging a notice 1999. of objection in the prescribed form with the Licensing Authority, 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 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 Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 Plans in respect of the premises the subject of the application Grenfell Street, Adelaide, S.A. 5000. are open to public inspection without fee at the Office of the Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 Dated 28 October 1999. Grenfell Street, Adelaide, S.A. 5000. Applicant Applicant

LOCAL GOVERNMENT ACT 1934 LIQUOR LICENSING ACT 1997 Section 73(4) (e) Notice of Application PURSUANT to section 73(4) (e) of the Local Government Act NOTICE is hereby given, pursuant to section 52 (2) (b) of the 1934, as amended, I, the Honourable Mark Brindal, Minister for Liquor Licensing Act 1997, that Daniel Paul Otto and Kitsun Local Government, Minister for Employment, Minister for Martin Cheong have applied to the Licensing Authority for the Youth and Minister Assisting for Environment and Heritage, transfer of a Special Circumstances Licence in respect of premises certify that it is necessary and appropriate that the attached situated at 199 North Terrace, Adelaide, S.A. 5000 and known as amendments to the Local Government Superannuation Scheme, Dreamers Bar. made by the Local Government Superannuation Board on 5 The application has been set down for hearing on 13 December October 1999, come into operation on the day on which they are 1999. gazetted. Any person may object to the application by lodging a notice Dated 3 November 1999. of objection in the prescribed form with the Licensing Authority, MARK BRINDAL, Minister for Local Government and serving a copy of the notice on the applicants at the applicants’ address given above, at least seven days before the hearing date. LOCAL GOVERNMENT ACT 1934 Plans in respect of the premises the subject of the application Regulations under the Local Government Superannuation Board are open to public inspection without fee at the Office of the THE Local Government Superannuation Board makes the Liquor and Gaming Commissioner, 9th Floor, East Wing, 50 following regulations pursuant to section 73(2) of the Local Grenfell Street, Adelaide, S.A. 5000. Government Act 1934. Dated 2 November 1999. The Rules constituting the Local Government Superannuation Applicants Scheme are amended with effect from the date of gazettal as follows: 1. Rule 2 is amended by deleting the definition of LIQUOR LICENSING ACT 1997 ‘‘Employee’’ and a new definition as follows: Notice of Application ‘‘‘Employee’ means any person: NOTICE is hereby given, pursuant to section 52 (2) (b) of the (i) who is employed by a Council; Liquor Licensing Act 1997, that Peter John Coombes and Rohan (ii) who is of a class specified in Schedule II; and Gregory Millar have applied to the Licensing Authority for the (iii) for whom a Council may make contributions under transfer of a Restaurant Licence in respect of premises to be the Commonwealth Act.’’ situated at 41 George Street, Parkside, S.A. 5063 and currently known as Solitaires Supper House and to be known as Solitaires 2. Rule 24 is deleted and a new rule is substituted as follows: Restaurant and Supper House. ‘‘24. Admission to Membership The application has been set down for hearing on 13 December (a) An employee of a South Australian Council or a 1999 at 9.30 a.m. Northern Territory Council is taken to be a Member of the Scheme with effect from the date of their commencement of employment with such council. 2324 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

(b) An employee of a Hospital and Health Employer or of Members employed by the Council have an approved employer is taken to be a Member of the been reduced in a manner determined by the Scheme with effect from the date on which they Board on the advice of the Actuary. accept the Hospital and Health Employer’s or the A Council is not taken to be required by law to make Approved Employer’s invitation to join the Scheme. contributions to another scheme by any provision of (c) For an employee who was not a Member when this the SG Act unless this scheme ceases to be a Rule 24 (c) was introduced into the rules, this Rule 24 complying superannuation fund for the purposes of will only apply as if the Employee had commenced the SG Act.’’ employment with the Council on the date on which it 4.6 inserting a new Rule 47(m) immediately after Rule 47(l) was introduced.’’ as follows: 3. Rule 25 is deleted and a new rule is substituted as follows: ‘‘ (m) Rules 47(a) (i)(C), 47(a) (ii)(B) and 47(h) do not ‘‘25. Provision of Information apply in respect of any period before the Upon joining the Scheme a Member must provide the commencement of the regulations by which this Board with evidence of the Member’s age and health as Rule 47 (m) was inserted.’’ the Board requires.’’ 5. Rule 61 (c) is amended by deleting the word ‘‘not’’ after 4. Rule 47 is amended by: the word ‘‘elected’’ and inserting the word ‘‘not’’ before the word ‘‘elected’’. 4.1 deleting the word ‘‘and’’ at the end of Rule 47(a)(i)(A) and inserting the word ‘‘and’’ at the end of Rule Dated 5 October 1999. 47(a)(i)(B); B. RYLAND, Chief Executive Officer 4.2 inserting a new Rule 47(a)(i)(C) immediately after Rule (a) 47 (i)(B) as follows: MINING ACT 1971 ‘‘(C) in respect of those of its Employees who were NOTICE is hereby given in accordance with section 28 (5) of the not contributing to the Fund at the beginning of Mining Act 1971, that the Minister for Primary Industries, that pay period and to whom Part IX of these Rules ¾ Natural Resources and Regional Development proposes to grant apply such rate as is required to ensure that the an Exploration Licence over the undermentioned area: Council is not liable for a shortfall under the SG Act (without taking into account contributions made to Applicant: Minotaur Gold NL another superannuation scheme unless approved by Location: Yoolperlunna area¾Approximately 40 km north the Board);’’ of Marla, bounded as follows: Commencing at a point 4.3 deleting Rule 47(a)(ii) and substituting a new Rule being the intersection of latitude 27°10¢S and longitude 47(a)(ii) as follows: 133°47¢E, thence east to longitude 133°53¢E, south to latitude 27°14¢S, west to longitude 133°30¢E, north to a ‘‘(ii) if it is a Northern Territory Council (other than southern boundary of Pitjantjatjara Lands, thence a Community Council)— generally easterly and north-easterly along the boundary (A) in respect of those of its Employees who are of the said Lands to latitude 26°58¢S, east to longitude Contributory Members under Part IX of these 133°47¢E, and south to the point of commencement, all Rules at the beginning of that pay period. the within latitudes and longitudes being geodetic and expressed in terms of the Australian Geodetic Datum as Alice Springs...... 8% defined on p. 4984 of Commonwealth Gazette number 84 Darwin...... 8% dated 6 October 1966. Jabiru...... 8% Katherine ...... 8% Term: 1 year Palmerston...... 8% Area in km2: 611 Tennant Creek ...... 5% Ref. D.M.E. No.: 105/99 Local Government Association of the Northern Territory Inc...... 8% Dated 11 November 1999. (B) in respect of its other Employees—such rate as L. JOHNSTON, Mining Registrar is required to ensure that the Council is not liable for a shortfall under the SG Act (without taking into account contributions made to MINING ACT 1971 another superannuation scheme unless NOTICE is hereby given in accordance with section 28 (5) of the approved by the Board);’’ Mining Act 1971, that the Minister for Primary Industries, 4.4 deleting Rule 47(h) and substituting a new Rule 47(h) as Natural Resources and Regional Development proposes to grant follows: an Exploration Licence over the undermentioned area: ‘‘(h) A council (other than a Hospital and Health Applicant: Minotaur Gold NL Employer) must not make contributions to a Location: Mabel Creek area¾Approximately 80 km west- scheme (other than this scheme) for the north-west of Coober Pedy, bounded as follows: provision of superannuation benefits to a Commencing at a point being the intersection of latitude member unless: 28°33¢S and longitude 134°11¢E, thence east to longitude 134°21¢E, south to latitude 28°49¢S, west to longitude (i) contributions have been paid to the Board in 134°09¢E, south to latitude 28°53¢S, west to longitude accordance with Rule 47 (a); and 133°53¢E, north to latitude 28°45¢S, east to longitude (ii) the Minister approves of the Council’s 134°11¢E, and north to the point of commencement, but proposal to make contributions to the other excluding Tarcoola Alice Springs Railway (see Government scheme.’’ Gazette 13 November 1975), all the within latitudes and longitudes being geodetic and expressed in terms of the 4.5 inserting a new Rule 47(ha) immediately after Rule (h) Australian Geodetic Datum as defined on p. 4984 of 47 as follows: Commonwealth Gazette number 84 dated 6 October 1966. ‘‘(ha) Rule 47(h) does not apply to a Council if and to Term: 1 year the extent that: 2 Area in km : 883 (i) the Council is required by law to make Ref. D.M.E. No.: 106/99 contributions to another scheme (other than this scheme); and Dated 11 November 1999. (ii) the Board has approved a reduction, L. JOHNSTON, Mining Registrar suspension or cancellation to the Council’s contributions to this scheme and the benefits MINING ACT 1971 NOTICE is hereby given in accordance with section 28 (5) of the Mining Act 1971, that the Minister for Primary Industries, 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2325

Natural Resources and Regional Development proposes to grant latitudes and longitudes being geodetic and expressed in an Exploration Licence over the undermentioned area: terms of the Australian Geodetic Datum as defined on Commonwealth Gazette Applicant: Minotaur Gold NL p. 4984 of number 84 dated 6 October 1966. Location: Warriner Creek area¾Approximately 120 km Term: 1 year south-east of Coober Pedy, bounded as follows: 2 Commencing at a point being the intersection of latitude Area in km : 113 29°23¢S and longitude 135°43¢E thence east to longitude Ref. D.M.E. No.: 108/99 135°58¢E, south to latitude 29°33¢S, east to longitude 136°05¢E, south to latitude 29°38¢S, west to longitude Dated 11 November 1999. 135°50¢E, north to latitude 29°33¢S, west to longitude L. JOHNSTON, Mining Registrar 135°43¢E, and north to the point of commencement, all the within latitudes and longitudes being geodetic and expressed in terms of the Australian Geodetic Datum as DETERMINATION AND REPORT OF THE defined on p. 4984 of Commonwealth Gazette number 84 REMUNERATION TRIBUNAL dated 6 October 1966. NO. 5 OF 1999 Term: 1 year Senior Warden, Wardens Court Area in km2: 671 1. In 1998, Mr Cannon, Supervising Magistrate, wished to have Ref. D.M.E. No.: 107/99 the remuneration of the Senior Warden of the Wardens Court Dated 11 November 1999. reviewed. At paragraph 5.5 of the Tribunal’s Report relating to Determination No. 5 of 1998 the Tribunal stated the following in L. JOHNSTON, Mining Registrar relation to the Senior Warden, Wardens Court: ‘No evidence was put to the Tribunal in relation to the MINING ACT 1971 remuneration for Senior Warden, Wardens Court or what review was sought in relation to the remuneration for this NOTICE is hereby given in accordance with section 28 (5) of the position. The Tribunal notes the advance notice and will deal Mining Act 1971, that the Minister for Primary Industries, with any such question when the issues are placed before it in a Natural Resources and Regional Development proposes to grant fully developed manner.’ an Exploration Licence over the undermentioned area: 2. On 23 September 1999, the Tribunal received from A. Applicant: Minotaur Gold NL Cannon, Supervising Magistrate a written submission in relation Location: Andamooka Island area¾Approximately 80 km to the relativity of the Senior Mining Warden. Mr Cannon west-south-west of Leigh Creek, bounded as follows: currently performs the duties of the Senior Warden of the Area ‘A’¾Commencing at a point being the Wardens Court and sought that the Senior Warden should receive intersection of latitude 30°50¢S and longitude 137°24¢E, an allowance equivalent to a Supervising Magistrate. thence east to longitude 137°50¢E, south to latitude 3. The Wardens Court: 31°00¢S, west to longitude 137°24¢E, and north to the point of commencement. 3.1 The Wardens Court is constituted by section 64 of the Mining Act 1971. Area ‘B’¾Commencing at a point being the intersection of latitude 30°30¢S and longitude 137°35¢E, 3.2 The judicial officers of the Court are mining wardens thence south to latitude 30°40¢S, west to a western who are magistrates nominated by the Attorney-General boundary of Lake Torrens National Park, thence to exercise the jurisdiction and powers of a Warden generally north-westerly along the boundary of the said under the Mining Act. National Park to latitude 30°30¢S and east to the point 3.3 Pursuant to section 6 of the Mining Act 1971, the of commencement, all the within latitudes and Court has general jurisdiction to deal with ‘all suits longitudes being geodetic and expressed in terms of the concerning any right claimed in, under or in relation to Australian Geodetic Datum as defined on p. 4984 of any mining tenement or purported mining tenement for Commonwealth Gazette number 84 dated 6 October any miner’s rights’. Mining tenements includes claims, 1966. leases, exploration licences, miscellaneous purpose Term: 1 year licenses and precious stones prospecting claims. Area in km2: 1 079 3.4 Section 45 of the Opal Mining Act 1995, establishes Ref. D.M.E. No.: 117/99 that the Wardens Court has jurisdiction to determine appeals against decisions of the Registrar of Mines Dated 11 November 1999. relating to the Opal Mining Co-operation Agreements. L. JOHNSTON, Mining Registrar 3.5 The Wardens Court also resolves disputes in relation to all types of opal mining tenements, to cancel Precious Stones Prospecting Permits and prohibit a person from MINING ACT 1971 obtaining such a permit, to cancel peggings and to NOTICE is hereby given in accordance with section 28 (5) of the forfeit tenements (Part 8 of the Opal Mining Act Mining Act 1971, that the Minister for Primary Industries, 1995). Natural Resources and Regional Development proposes to grant 4. Functions of the Senior Warden: an Exploration Licence over the undermentioned area: 4.1 Mr Cannon submitted that the functions of the Senior Applicant: Olliver Geological Services Pty Ltd Warden are as follows: Location: The Lakes area¾Approximately 60 km north- ‘The Senior Warden: west of Port Lincoln, bounded as follows: Commencing at a point being the intersection of latitude 34°10¢S and (a) is the administrative head of the Court; longitude 135°28¢E, thence east to longitude 135°36¢E, (b) hears all preliminary hearings and most of the south to latitude 34°15¢S, west to longitude 135°28¢E, and trials; north to the point of commencement, all the within (c) deals with all administrative matters affecting the Registry and support services of the Court; (d) controls the listing of the matters before the Court and controls the co-ordination of the provision of those services to the Court; 2326 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

(e) liaises with the Regional Managers of the various and also, I revoked the appointments of the following persons as Courts where the five Magistrates currently Inspectors for the purposes of section 160 and Part 4A of the designated as Wardens are stationed, when they are Road Traffic Act 1961: needed for Wardens Court matters; Brenton George Briers (f) collates important judgements of the Court and Christopher John Ward arranges for their publications in the annual Danny Wayne Wood Wardens Court Reports; Michael George Wyant (g) liaises with the mining section of the Department DIANA LAIDLAW, Minister for Transport of Primary Industries and Resources in relation to and Urban Planning policy and administrative matters affecting the jurisdiction of the Court and the maintenance by the Mining Registrar of accurate title particulars in SOIL CONSERVATION AND LAND CARE ACT 1989 mining matters.’ Appointments 4.2 Mr Cannon reminded the Tribunal that he is already a I, ROBERT GERARD KERIN, Deputy Premier, Minister for Supervising Magistrate and acceptance of his recom- Primary Industries, Natural Resources and Regional Development mendation has no implication for himself. in the State of South Australia to whom the administration of the 4.3 On 1 October 1999, the Tribunal sought further Soil Conservation and Land Care Act 1989, has been committed, information from A. Moss, Chief Magistrate regarding do hereby appoint the following people as members of the the Senior Warden. The advice received from A. Moss Eastern Eyre Peninsula Soil Conservation Board, pursuant to confirms the following: section 24 of the Act until 13 October 2002: (a) Roger Ernest Nield Whilst the Mining Act 1971, does not establish the Geoffrey Wayne Bammann office of Senior Mining Warden the role of the Aileen Margaret Woolford Senior Mining Warden is a traditional one with the Robert William Jacobs responsibilities having been established by practice Gary James Grund over many years. Dean Terence Siviour (b) The Senior Mining Warden’s role is somewhat with Justin Michael Bammann as the Local Government broader than a regional manager and includes Representative. liaising with other Government agencies relevant to the jurisdiction, understanding and having an input Dated 5 November 1999. into Government policy, publishing an annual ROB KERIN, Deputy Premier, Minister for report and maintaining a library. Primary Industries, Natural Resources and (c) Any magistrate may be appointed to the position Regional Development and not necessarily a Supervising Magistrate. 4.4 The Government submitted ‘that the Tribunal should SURVEY ACT 1992 not determine an allowance for a Senior Warden while Levy Increase there is no person currently performing these duties in isolation from other supervisory duties’. The submission NOTICE is hereby given that under the provisions of the Survey also highlighted the fact that the ‘Mining Act 1971, Act 1992, section 58, the Institution of Surveyors, Australia, does not recognise the position of Senior Warden. South Australia Division Inc., with the approval of the Minister Accordingly, there is no statutory requirement for, or for Administrative Services, imposes a levy on each plan certified description of, the role. The role may, in the future, be correct and lodged in the Lands Titles Registration Office. As combined with the role of Supervisory Magistrate, in from 1 January 2000, the Minister has approved the levy being which case there is no requirement for a separate increased from $35 to $40. allowance to be fixed. Alternatively, different D. N. BROOK, Registrar arrangements may be put in place, which do not require a magistrate to perform the role of Senior Warden’. 5. Determination: WATER RESOURCES ACT 1997 Variation to the Notice of Restriction on the Taking of Water from 5.1 The Tribunal has determined that it is not appropriate a Watercourse or a Well in the Clare Valley Prescribed Wells Area to determine remuneration for a Supervising Magistrate and Watercourses, Pursuant to Section 16 (1) when required to perform the duties of Senior Warden, Wardens Court as the roles and responsibilities of Senior I, DOROTHY KOTZ, Minister for Environment and Heritage in Warden are not clearly determinable and are subject to the State of South Australia, vary the Notice of Restriction on variability through administrative decision. the Taking of Water from a Watercourse or a Well dated 20 September in the Clare Valley Prescribed Wells Area and Dated 4 November 1999. Watercourses, being the area bounded by the bold line in G.R.O. R. L. DAHLENBURG, A.M., President Plan No. 368/96 (the ‘defined area’), by deleting paragraphs (a) and (b) thereof and substituting them with the following: D. FLUX, Member (a) by a person who is already authorised to take the water H. R. BACHMANN, Member from a watercourse or well by a water licence under section 29 or an authorisation under section 11 of the Water Resources Act 1997; or (b) for domestic purposes or for watering stock (other than ROAD TRAFFIC ACT 1961 stock subject to intensive farming within the meaning of Appointments the Water Resources Act 1997). This notice comes into effect at the expiration of seven days NOTICE is hereby given that on 29 October 1999, I, Diana from the publication of this notice in the Gazette and in a Laidlaw, MLC, appointed the following person as an Inspector newspaper, which ever is the latter. This notice will remain in for the purposes of section 160 and Part 4A of the Road Traffic effect for 10 months unless earlier varied or revoked. Act 1961: Dated 1 November 1999. Francesco Lanzilli D. C. KOTZ, Minister for Environment and Heritage 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2327 42) 6 February 1997 (page 830) tte of 1 April 1999 (page 1605) (Errata) gazettal of 18 December 1997 (page 1677) gazettal of 18 December 1997 (page the gazettal of 17 December 1998 (page 1954) the gazettal of 17 December 1998 (page 1359) the gazette of 11 March 1999 (page the gaze 2381) (Errata) the gazettal of 29 April 1999 (page the gazettal of 13 May 1999 (page 2595) the gazettal of 17 June 1999 (page 3123) the gazettal of 1 July 1999 (page 22) 1364) the gazettal of 30 September 1999 (page the gazettal of 31 October 1996 (page 1544) the gazettal of 31 the gazettal of the gazettal of 29 May 1997 (page 2758) the gazettal of 3 July 1997 (page 33) the the gazettal of 23 April 1998 (page 1959) 339) the gazettal of 6 August 1998 (page 1038) the gazettal of 1 October 1998 (page 1389) the gazettal of 12 November 1998 (page 17 the gazettal of 3 December 1998 (page 22. 24. 26. 28. 30. 32. 34. 36. 2. 4. 6. 8. 10. 12. 14. 16. 18. 20. VOCATIONAL EDUCATION, EMPLOYMENT AND TRAINING ACT 1994 TRAINING ACT AND EMPLOYMENT EDUCATION, VOCATIONAL ember (page 990) y 1999 (Errata) (page 2723) April 1996 (page 2045)

the gazettal of 10 December 1998 (page 1870) the gazettal of 10 December 1998 (page 2039) the gazettal of 23 December 1998 (page 1480) the gazette of 25 March 1999 (page the gazette of 22 April 1999 (page 2219) the gazettal of 6 May 1999 (page 2482) the gazettal of 27 Ma the gazettal of 24 June 1999 (page 3261) the gazettal of 29 July 1999 (page 602) 1973) the gazettal of 14 October 1999 (page the gazettal of 24 1818) the gazettal of 5 December 1996 (page the gazettal of 17 April 1997 (page 1571) the gazettal of 12 June 1997 (page 2984) 311) the gazettal of 7 August 1997 (page 1776) the gazettal of 22 December 1997 (page the gazettal of 18 June 1998 (page 2594) the gazettal of 24 Sept 1150) the gazettal of 15 October 1998 (page 1583) the gazettal of 19 November 1998 (page which set out the occupations that constitute trades and other declared vocations and the terms and conditions applicable to such declared vocations. which set out the occupations that constitute trades and other declared 21. 23. 25. 27. 29. 31. 33. 35. 37. 3. 5. 7. 9. 11. 13. 15. 17. 19. 1. Occupations that Constitute Trades and Other Declared Vocations Constitute Trades and Other Occupations that is additional to: The following schedule Pursuant to the provisions of the Vocational Education, Employment and Training Act (VEET Act) the Accreditation and Registration Council (ARC) gives (VEET Act) the Accreditation and Employment and Training Act of the Vocational Education, Pursuant to the provisions the following: notice that it has determined PART 4 - CONTRACTS OF TRAINING - CONTRACTS PART 4 2328 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999 Period 1 month 1 month 1 month 1 month 3 months 3 months 3 months Probationary of attendance at Nominal hours 390 hours 324 hours 300 hours 390 hours 912 hours 864 hours 912 hours approved course Variations appear in bold. Variations of Training 48 months Contract of 12 months 12 months 12 months 12 months 48 months 48 months Nominal Term Approved Course of Instruction and Stream Approved Course of Certificate III in Engineering - Fabrication Trade Certificate III in Engineering - Fabrication Certificate III in Engineering (Light Fabrication) Certificate III in Engineering (Fabrication) Certificate II in Automotive (Service Station Operations) Certificate II in Automotive Alternative Course of Instruction Certificate III in Convenience Store Operations IV. Certificate III is a prerequisite for Certificate Certificate IV in Convenience Store Management and Retail Certificate II in Automotive Repair, Services Metal and Engineering Training Package with effect from replacing the following courses of instruction 1/7/99: FKW 0314 SAX652 13978SA Dec 1999 Dec 2000 NTRP335 21/10/01: June 1999 20007VIC 20008VIC 10475VIC June 2004 June 2004 MEM30398 VI2206AGB endorsed to Course code National / State and expiry date December 2001 SCHEDULE - DECLARED VOCATIONS, REQUIRED COURSES OF INSTRUCTION AND ASSOCIATED CONDITIONS AND ASSOCIATED INSTRUCTION COURSES OF REQUIRED - DECLARED VOCATIONS, SCHEDULE (Fabrication) Entries recorded in italics denote previous courses and conditions determined by ARC for existing Declared Vocations. for existing Declared determined by ARC and conditions previous courses in italics denote Entries recorded * Trade Station Operations Declared Vocation # Other than trade ARC July 1998 ARC June 1999 Declared (ICTC) December 1990 Variations to Existing Declared Vocations Variations to Existing Engineering Tradesperson ARC October 1998 ARC November 1999 ARC November 1999 * Occupation/Occupation Levels Occupation/Occupation # Customer Servicing (Service # Customer Servicing 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2329 Period 3 months 3 months 3 months 3 months 3 months 3 months 1 month Probationary 3 months 3 months of attendance at attendance Nominal hours 912 hours 864 hours 912 hours 912 hours 912 hours 912 hours 390 hours approved course 900 hours 912 hours of Training 48 months Contract of 48 months 48 months 48 months 48 months 48 months 48 months 12 months Nominal Term 48 months Approved Course of Instruction and Stream Course of Instruction Approved New Course of Instruction - Mechanical Trade Certificate III in Engineering 1/7/99: courses of instruction with effect from replacing the following (Mechanical strand) Certificate III in Engineering (Mechanical strand) Certificate III in Engineering New Courses of Instruction: Trade – Irrigation Certificate II in Engineering – Mechanical (Manufacturing) Trade – Irrigation Certificate II in Engineering – Mechanical (Installation) Trade – (Air Certificate III in Engineering – Mechanical Conditioning and/or Refrigeration) Certificate II in Textile Production Certificate in Engineering (Fabrication) - (Shipwrighting/Boat in Engineering (Fabrication) Certificate Building) – Fabrication Trade – (Air Certificate III in Engineering Refrigeration) Conditioning and/or Training Package Metal and Engineering TBA TBA TBA 7319 SAX653 13979SA Dec 2000 Dec 1999 21/10/01: NSTF0247 MEM30298 MEM30298 Course code MEM30398 endorsed to 0473 / FKM October 2001 National / State National / date and expiry 0 (Mechanical) * Trade Declared (ARC) June 1998 Declared Vocation # Other than trade # Other than # Textile Production ARC November 1999 ARC July 1998 ARC September 1999 ARC September 1999 ARC June 1999 Declared (ICTC) December 199 ARC Sept 1997 ARC Sept ARC Nov 1999 Engineering Tradesperson * Occupation/Occupation Levels Occupation/Occupation 2330 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999 Period 1 month 1 month 1 month 1 month Probationary 2 months of attendance at attendance Nominal hours 304 hours 121 hours 250 hours 250 hours 250 hours approved course 620 hours of Training Contract of 12 months 12 months 12 months 12 months Nominal Term 24 months Approved Course of Instruction and Stream Course of Instruction Approved Certificate III in Retail (Community Pharmacy - Dispensary) Certificate III in Retail (Community Pharmacy (Community Pharmacy Completion of the Certificate II in Retail into the Certificates III. Operations) is a prerequisite for entry Certificate II in Retail (Community Pharmacy Operations) Certificate II in Retail Exit point (Community Pharmacy Operations) Certificate I in Retail Streams: Operations – Certificate III in Retail (Community Pharmacy Supervision) Operations – Certificate III in Retail (Community Pharmacy Marketing) Alternative Course of Instruction Alternative Production Certificate III in Textile 1498 3219 1500 1499 Dec 1999 Dec 1999 Dec 1999 Dec 1999 Dec 1999 10696ACT 7318NSW AC95/2638 Course code ACC0000106 ACC0000153 ACC0000108 ACC0000107 October 2001 National / State National / date and expiry 1998 1998 1998 1998 1998 Operations * Trade (Community Pharmacy ARC November 1999 Declared Vocation # Other than trade # Other than Customer Servicing # ARC September ARC September ARC September ARC September ARC September ARC April 1997 Occupation/Occupation Levels Occupation/Occupation 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2331

REGULATIONS UNDER THE ROAD TRAFFIC ACT 1961 No. 217 of 1999 At the Executive Council Office at Adelaide 11 November 1999

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

E. J. NEAL Governor

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

DIANA LAIDLAW Minister for Transport and Urban Planning SUMMARY OF PROVISIONS 1. Citation 2. Commencement 3. Variation of reg. 4.07—Clearways Citation 1. The Road Traffic Regulations 1996 (see Gazette 29 August 1996 p. 888), as varied, are referred to in these regulations as "the principal regulations".

Commencement 2. These regulations will come into operation on 11 November 1999.

Variation of reg. 4.07—Clearways 3. Regulation 4.07 of the principal regulations is varied—

(a) by inserting in the table in the schedule of that regulation after item 5 the following item:

5A. Fullarton Rd (Road number 6146) between Whole 7.00am to 11.00am Kensington Rd and Glen Osmond Rd Whole 3.00pm to 7.00pm

(b) by striking out from column 1 of item 6 in the table in the schedule of that regulation "Kensington Rd" and substituting "Glen Osmond Rd";

12A. Greenhill Rd (Road number 6185) between Southern side 7.30am to 9.00am Tusmore Ave and Hallett Rd Northern side 4.30pm to 6.00pm

(d) by striking out from column 1 of item 14 in the table in the schedule of that regulation "Glynburn Rd" and substituting "Hallett Rd".

TSA 3476/2/98CS SUZANNE M. CARMAN Clerk of the Council 2332 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

REGULATIONS UNDER THE LIQUOR LICENSING ACT 1997 No. 220 of 1999 At the Executive Council Office at Adelaide 11 November 1999

PURSUANT to the Liquor Licensing Act 1997 and with the advice and consent of the Executive Council, I make the following regulations.

E. J. NEAL Governor

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

K. T. GRIFFIN Minister for Consumer Affairs SUMMARY OF PROVISIONS 1. Citation 2. Commencement 3. Variation of Sched. 1—Long Term Dry Areas 4. Variation of Sched. 2—Plans of Long Term Dry Areas Citation 1. The Liquor Licensing (Dry Areas—Long Term) Regulations 1997 (see Gazette 6 November 1997 p. 1217), as varied, are referred to in these regulations as "the principal regulations".

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

Variation of Sched. 1—Long Term Dry Areas 3. Schedule 1 of the principal regulations is varied—

(a) by striking out from the column headed "Area" in the item headed "Brighton—Area 1" "then southerly along that kerb line to its intersection with the prolongation, in a straight line, of the northern boundary of Bindarra Road, then westerly along that prolongation to the low water mark" and substituting "then southerly along that kerb line to its intersection with the prolongation in a straight line of the northern boundary of Bindarra Road, then southerly along that kerb line for a further 45.7 metres, then due west in a straight line to the low water mark";

(b) by striking out from the column headed "Period" in the item headed "Brighton—Area 1" "1999" and substituting "2002";

(d) by striking out from the column headed "Period" in the item headed "Glenelg—Area 1" "1999" and substituting "2002";

(e) by striking out from the column headed "Period" in the item headed "Seacliff—Area 1" "1999" and substituting "2002"; 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2333

(f) by striking out from the column headed "Period" in the item headed "Seacliff—Area 2" "1999" and substituting "2002";

(g) by striking out from the column headed "Period" in the item headed "Seacliff—Area 3" "1999" and substituting "2002";

(h) by striking out from the column headed "Period" in the item headed "Seacliff—Area 4" "1999" and substituting "2002".

Variation of Sched. 2—Plans of Long Term Dry Areas 4. Schedule 2 of the principal regulations is varied by striking out the plan headed "Brighton—Plan No. 1" and substituting the following plan: 2334 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

Brighton—Plan No. 1

LL 6/94 TC1 CS SUZANNE M. CARMAN Clerk of the Council 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2335

REGULATIONS UNDER THE EMERGENCY SERVICES FUNDING ACT 1998 No. 221 of 1999 At the Executive Council Office at Adelaide 11 November 1999

PURSUANT to the Emergency Services Funding Act 1998, on the recommendation of the Minister for Justice and with the advice and consent of the Executive Council, I make the following regulations. E. J. NEAL Governor

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

K. T. GRIFFIN Minister for Justice SUMMARY OF PROVISIONS PART 1 PRELIMINARY

1. Citation 2. Commencement 3. Interpretation

PART 2 REMISSION OF LEVY ON RESIDENTIAL LAND

DIVISION 1—ENTITLEMENT TO AND AMOUNT OF REMISSION

4. General remission 5. Further remission in respect of principal place of residence 6. Principal place of residence 7. Amount of the remission 8. Order in which remissions to be deducted

DIVISION 2—CLASSES OF PERSONS ENTITLED TO REMISSION UNDER REGULATION 5

9. Classes of persons entitled

PART 3 REMISSION OF LEVY ON RURAL LAND

10. Remission of levy 11. Amount of the remission

PART 4 REMISSION OF LEVY ON OTHER LAND

12. Remission of levy 13. Amount of remission 2336 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

PART 5 REMISSION OF LEVY IN REGIONAL AREA 3

14. Remission of levy 15. Amount of the remission 16. Remission under this Part and other Parts

PART 6 REMISSION OF LEVY ON HISTORIC AND LEFT HAND DRIVE VEHICLES

17. Entitlement to remission 18. Amount of the remission

PART 1 PRELIMINARY

Citation 1. These regulations may be cited as the Emergency Services Funding (Remissions) Regulations 1999.

Commencement 2. These regulations will be taken to have come into operation on 1 July 1999.

Interpretation 3. In these regulations, unless the contrary intention appears—

"the Act" means the Emergency Services Funding Act 1998;

"commercial land" means land that is taken under section 8(2) of the Act to be used for the purpose defined as "commercial" in that section;

"Greater Adelaide " means the emergency services area given that name by section 7 of the Act;

"industrial land" means land that is taken under section 8(2) of the Act to be used for the purpose defined as "industrial" in that section;

"married couple " includes two persons who are not married to each other if the relationship of putative spouse within the meaning of the Family Relationships Act 1975 exists between them;

"Regional area 1" means the emergency services area given that name by section 7 of the Act;

"Regional area 2" means the emergency services area given that name by section 7 of the Act;

"Regional area 3" means the emergency services area given that name by section 7 of the Act;

"residential land" means land that is taken under section 8(2) of the Act to be used for the purpose defined as "residential" in that section; 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2337

"rural land" means land that is taken under section 8(2) of the Act to be used for the purpose defined as "rural" in that section but does not include vacant land that is not used for any purpose but is taken by section 8(4) of the Act to be land used for a rural purpose. 2338 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

PART 2 REMISSION OF LEVY ON RESIDENTIAL LAND

DIVISION 1—ENTITLEMENT TO AND AMOUNT OF REMISSION

General remission 4. The levy under Part 3 Division 1 of the Act for the 1999/2000 financial year in respect of residential land is remitted for the benefit of all persons who are liable to pay the levy in respect of that land to the extent set out in regulation 7.

Further remission in respect of principal place of residence 5. (1) Subject to this regulation, a person who is liable to pay a levy under Part 3 Division 1 of the Act for the 1999/2000 financial year in respect of land comprising his or her principal place of residence is, if he or she meets the requirements of subregulation (2), entitled to a further remission of the levy in respect of that land.

(2) Subject to this regulation, a person is only entitled to a further remission if he or she fell within one or more of the classes set out in Division 2 on the date of issue stated in the notice of the levy in respect of the land under section 16 of the Act or on the date stated in that notice by which the first instalment of the levy must be paid or at any time between those dates.

(3) Subject to subregulation (4), where two or more persons own land jointly or as tenants in common, each of them who is entitled to a remission under this regulation in respect of the land is entitled to a part of the remission set out in regulation 7 that is proportionate to his or her interest in the land.

(4) Subject to subregulation (5), where a married couple owns land solely, or jointly or as tenants in common with another person or persons, the two persons comprising the married couple are entitled to a remission, or a proportionate part of a remission, under this regulation if—

(a) the land is the principal place of residence of both of them; and

(b) either one of them is entitled to a remission in respect of the land under this regulation.

(5) Neither of the two people comprising a married couple is entitled to a remission under this regulation if they live together and—

(a) one of them would be entitled to a remission as the holder of a current State Seniors Card issued by the State Government but is not entitled to a remission on any other ground; and

(b) the other of them is not entitled to a remission on any ground.

(6) A remission is not available under this regulation to a person who is liable for the levy, or a part of it, as a subsequent owner of the land.

Principal place of residence 6. Land comprises a person's principal place of residence for the purposes of regulation 5 if the Minister is satisfied that it comprised the person's principal place of residence on 1 July of the financial year to which the levy relates. 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2339

Amount of the remission 7. (1) The amount of the remission under regulation 4 is obtained by multiplying the component of the levy that is based on the value of the land by 32 and dividing the product by 67.

(2) The amount of the remission under regulation 5 is $40.

Order in which remissions to be deducted 8. If a person is entitled to a remission under regulation 4 and regulation 5 in respect of the same land the remission under regulation 4 must be determined and deducted before the remission under regulation 5 is deducted.

DIVISION 2—CLASSES OF PERSONS ENTITLED TO REMISSION UNDER REGULATION 5

Classes of persons entitled 9. (1) To be entitled to a remission under regulation 5 a person must be—

(a) the holder of a current Pensioner Concession Card issued by the Commonwealth Government; or

(b) the holder of a current TPI Gold Repatriation Health Card issued by the Commonwealth Government; or

(d) in receipt of—

(i) a newstart allowance;or

(ii) a parenting payment (partnered) additional rate; or

(iii) a partner allowance; or

(iv) a sickness allowance; or

(v) a widow allowance; or

(vi) a youth allowance,

under the Social Security Act 1991 of the Commonwealth; or

(e) in receipt of payments under the Community Development Employment Project established by the Commonwealth Government; or

(f) in receipt of payments under the New Enterprise Incentive Scheme established by the Commonwealth Government; or

(g) in receipt of a pension as a war widow under legislation of the United Kingdom or New Zealand; or 2340 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

(h) the holder of a current State Concession Card issued by the part of the Department of Human Services known as Family and Youth Services; or

(i) the holder of a current State Seniors Card issued by the State Government.

(2) For the purposes of subregulation (1)(h) and (i) the holder of a current State Concession Card or a State Seniors Card will be taken to include a person who has the qualifications to hold such a card and who has applied for the card but who has yet to be issued with the card.

PART 3 REMISSION OF LEVY ON RURAL LAND

Remission of levy 10. The levy under Part 3 Division 1 of the Act for the 1999/2000 financial year in respect of rural land situated in Greater Adelaide or Regional area 1 or Regional area 2 is remitted for the benefit of all persons who are liable to pay the levy in respect of that land to the extent set out in regulation 11.

Amount of the remission 11. (1) The amount of the remission under regulation 10 in respect of rural land situated in Greater Adelaide is obtained by multiplying the component of the levy that is based on the value of the land by 32 and dividing the product by 67.

(2) The amount of the remission under regulation 10 in respect of rural land situated in Regional area 1 or Regional area 2 is obtained by multiplying the component of the levy that is based on the value of the land by 17 and dividing the product by 67.

PART 4 REMISSION OF LEVY ON OTHER LAND

Remission of levy 12. (1) The levy under Part 3 Division 1 of the Act for the 1999/2000 financial year in respect of land that is not commercial land, industrial land, residential land or rural land is remitted for the benefit of all persons who are liable to pay the levy in respect of that land to the extent set out in regulation 13.

(2) In subregulation (1)—

"rural land" includes vacant land that is not used for any purpose but is taken by section 8(4) of the Act to be land used for a rural purpose.

Amount of remission 13. The amount of the remission is obtained by multiplying the component of the levy that is based on the value of the land by 32 and dividing the product by 67.

PART 5 REMISSION OF LEVY IN REGIONAL AREA 3

Remission of levy 14. The levy under Part 3 Division 1 of the Act for the 1999/2000 financial year in respect of land situated in Regional area 3 is remitted for the benefit of all persons who are liable to pay the levy to the extent set out in regulation 15. 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2341

Amount of the remission 15. The amount of the remission is one half of the component of the levy that is based on the value of the land.

Remission under this Part and other Parts 16. (1) If a person is entitled to a remission under this Part and under Part 2 in respect of the same land the following provisions apply—

(a) the remission under regulation 4 must be deducted from the component of the levy that is based on the value of the land before the amount of the remission under this Part is determined; and

(b) the remission under this Part must be deducted from the component of the levy that is based on the value of the land after the remission under regulation 4 has been deducted; and

(c) if the person is entitled to a remission under regulation 5 in respect of the land, the amount of that remission must be deducted after deducting the other remissions referred to in paragraph (b).

(2) If a person is entitled to a remission under this Part and under Part 4 in respect of the same land the following provisions apply—

(a) the remission under Part 4 must be deducted from the component of the levy that is based on the value of the land before the amount of the remission under this Part is determined; and

(b) the remission under this Part must be deducted from the component of the levy that is based on the value of the land after the remission under Part 4 has been deducted.

PART 6 REMISSION OF LEVY ON HISTORIC AND LEFT HAND DRIVE VEHICLES

Entitlement to remission 17. (1) A person who is liable to pay a levy in relation to one or more of the financial years referred to in subregulation (2) on the registration, or the renewal of the registration, of a motor vehicle as a historic vehicle or a left hand drive vehicle under section 25 of the Motor Vehicles Act 1959 is entitled to a remission of part of the levy payable under Part 3 Division 2 of the Act in respect of the vehicle.

(2) The financial years to which subregulation (1) relates are the 1999/2000, 2000/2001, 2001/2002, 2002/2003 and 2003/2004 financial years.

Amount of the remission 18. The amount of the remission is such amount as is required to reduce the levy in respect of the vehicle to $8.00.

MES 15/99 CS SUZANNE M. CARMAN Clerk of the Council 2342 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

REGULATIONS UNDER THE EDUCATION ACT 1972 No. 222 of 1999 At the Executive Council Office at Adelaide 11 November 1999

PURSUANT to the Education Act 1972 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.

MALCOLM BUCKBY Minister for Education, Children's Services and Training SUMMARY OF PROVISIONS 1. Citation 2. Commencement 3. Variation of reg. 7—Application for registration or renewal of registration Citation 1. The Education (Teachers Registration) Regulations 1996 (see Gazette 29 August 1996 p. 831), as varied, are referred to in these regulations as "the principal regulations".

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

Variation of reg. 7—Application for registration or renewal of registration 3. Regulation 7 of the principal regulations is varied—

(a) by striking out from subregulation (1)(c)(i) "$51" and substituting "$60";

(b) by striking out from subregulation (1)(c)(iii) "$17" and substituting "$20";

MECT 35/99 CS SUZANNE M. CARMAN Clerk of the Council 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2343

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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 8 November 1999, passed inter alia, the following resolution: 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 Buxton Street between Hill Street and 8 a.m. on Saturday, 20 November 1999 4 p.m. on Saturday, 20 November 1999 Jeffcott Street

JUDE MUNRO, Chief Executive Officer

CITY OF NORWOOD, PAYNEHAM AND ST PETERS a meeting at which the matter will be considered, so that the Prohibition of Traffic person making the submission or a representative may attend, if so desired. NOTICE is hereby given that the Council of the City of Norwood, Payneham and St Peters at its meeting held on 11 Dated 11 November 1999. October 1999, resolved, pursuant to section 359 of the Local G. J. PERKIN, Chief Executive Officer Government Act 1934, as amended, that all vehicles be excluded from travelling in a northerly direction along that portion of Church Avenue, Norwood from the boundary of the intersection TOWN OF WALKERVILLE of Church Avenue and William Street, for a distance of 270.8 m in a southerly direction to a point 72.2 m from the boundary of Change of Meeting Date the intersection of Church Avenue and The Parade. NOTICE is hereby given that the meeting of council scheduled M. BARONE, Chief Executive Officer for Monday, 3 January 2000, has been deferred and will be held on Monday, 17 January 2000 commencing at 8 p.m. R. H. WALLACE, Chief Executive Officer PORT PIRIE REGIONAL COUNCIL DECLARATION OF PUBLIC ROAD Erratum THE BERRI BARMERA COUNCIL Temporary Street Closure NOTICE is hereby given that in the Government Gazette of 27 May 1999 at page 2729 section 301 (c) of the Local NOTICE is hereby given that at meetings of council held on 12 Government Act 1934, as amended, should read section 303.1 October 1999 and 26 October 1999 the following motions were (a) of the Local Government Act 1934. passed: P. J. ARNOLD, Chief Executive Officer That The Berri Barmera Council, pursuant to section 359 of the Local Government Act 1934, as amended, hereby resolves to exclude all vehicles, with the exception of those vehicles CITY OF TEA TREE GULLY listed below from Riverview Drive, Berri between the eastern Road Closure boundary of the Berri Caravan Park and the eastern boundary of the Berri Resort Hotel in the west on Saturday, 13 RE-ADVERTISED November 1999 between the hours of 2 p.m. and 3 p.m. NOTICE is hereby given, pursuant to section 10 of the Roads Exempt Vehicles (Opening and Closing) Act 1991, that the City of Tea Tree Gully proposes to make a Road Process Order to close and transfer to Vehicles involved in the event. Homestead Award Winning Homes Pty Ltd, Robert John Day and All emergency vehicles. John Eric Smith, owners, subject to an easement to Council for drainage purposes the whole of the public road Gilbert Court Temporary Street Closures situated adjoining North East Road and adjoining the southern Notice is hereby given that pursuant to section 359 of the boundary of allotment 40 in deposited plan 43733, more Local Government Act 1934, The Berri Barmera Council hereby particularly delineated and marked ‘A’ in the Preliminary Plan resolves to close the following roads listed in Column A at those No. PP32/0080. times as listed in Column B to all vehicles, with the exception of A copy of the plan and statement of persons affected are emergency vehicles and those vehicles participating in the available for public inspection at the offices of the Council at 571 Fluviafest event on 14 November 1999. Montague Road, Modbury and the Adelaide office of the Column A Column B Surveyor-General at 101 Grenfell Street, Adelaide during normal office hours. 1. Riverview Drive (Berri) from the 1 p.m. to 11 p.m. Motel entrance in the east to the Any person is entitled to object to the proposed road process, Crawford Terrace inter-section or any person affected by the proposed closure is entitled to in the west. apply for an easement to be granted in that person’s favour over the land subject to the proposed closure. Such objection or 2. Crawford Terrace from the 1 p.m. to 11 p.m. application must be fully supported by reasons. Any application intersection with Denny Street for an easement must give full particulars of the nature and in the north and Riverview Drive location of the easement and where made by a person as the in the south. owner of adjoining or nearby land, specify the land to which the 3. Ahern Street from the Bottle 1 p.m. to 11 p.m. easement is to be annexed. Shop Driveway in the north to The objection or application for an easement must be made in Riverview Drive in the south. writing to the Council at P.O. Box 571, Modbury, S.A. 5092 Column A Column B within 28 days of this notice and a copy shall be forwarded to the 4. Vaughn Terrace—the western 3.30 p.m. to 4.30 p.m. Surveyor-General at G.P.O. Box 1354, Adelaide, S.A. 5001. carriageway, from the round- Where a submission is made, the Council will give notification of about in the north to Riverview 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2345

Drive in the south. Rosenzweig, Colin Lenley, late of 9 Gilbert Street, Lyndoch, retired builder, who died on 31 August 1999. 5. Vaughn Terrace—the western 4 p.m. to 11 p.m. Ryder, John Bernard, and eastern carriageways from late of 342 Marion Road, North Denny Street and Wade Street in Plympton, retired pharmacist, who died on 20 August 1999. the north to Riverview Drive in Snelling, Lilian Ellen Elizabeth the south. , late of Animoo Avenue, Griffith, New South Wales, of no occupation, who died on 6. Wilson, William and Denny 3.30 p.m. to 4.30 p.m. 12 August 1999. Streets. Wilkin, Coral Flora, late of 4 Ellis Street, Enfield, retired nurse, M. J. HURLEY, Chief Executive Officer who died on 19 June 1999. Notice is hereby given pursuant to the Trustee Act 1936, as amended, the Inheritance (Family Provision) Act 1972, and the DISTRICT COUNCIL OF RENMARK PARINGA Family Relationships Act 1975, that all creditors, beneficiaries, DECLARATION OF A PUBLIC ROAD and other persons having claims against the said estates are required to send, in writing, to the Public Trustee, 25 Franklin Erratum Street, Adelaide 5000, full particulars and proof of such claims, ON 28 October 1999, a notice appeared on page 2130 of the on or before 10 December 1999, otherwise they will be excluded Government Gazette in respect to the declaration of Lot 24 of from the distribution of the said estate; and notice is also hereby deposited plan 46661 as a public road read Lot 25 of deposited given that all persons who are indebted to the said estates are plan 46661 as a public road. required to pay the amount of their debts to the Public Trustee or proceedings will be taken for the recovery thereof; and all DR ALI KHAN, Chief Executive Officer persons having any property belonging to the said estates are forthwith to deliver the same to the Public Trustee. DISTRICT COUNCIL OF ROBE Dated 11 November 1999. TEMPORARY ROAD CLOSURES J. H. WORRALL, Public Trustee Erratum NOTICE is hereby given that Mundy Terrace between Morphett SOUTH AUSTRALIA—In the Supreme Court. No. 806 of 1992. Street and Davenport Street, and Bagot Street between Mundy In the matter of Austland Limited (ACN 008 076 337) (in Terrace and Smillie Street will be closed from 1 p.m. on Friday, liquidation) and in the matter of the Corporations Law. 26 November 1999 to 10 a.m. on Monday, 29 November 1999, Notice by a Liquidator of His Intention to Seek His Release and and Smillie Street between Mundy Terrace and Bagot Street will Dissolution of the Company be closed from 10 a.m. to 5 p.m. on Saturday, 27 November 1999 from 10 a.m. to 3 p.m. on Sunday, 28 November 1999 for the Take notice that I, John Sheahan, Level 8, 26 Flinders Street, Robe Village Fair, and Mundy Terrace between Bagot Street and Adelaide, S.A. 5000 the liquidator of the abovenamed company, Davenport Street will be closed from 5 p.m. to 10 p.m. on intend to make application to the Supreme Court of South Sunday, 19 December 1999, for the Robe Christmas Pageant. Australia for my release as the liquidator and dissolution of the abovenamed company. R. J. KAY, District Clerk And take further notice that if you have any objection to the granting of my release and dissolution of the company you must IN the matter of the estates of the undermentioned deceased file at the Supreme Court and also forward to me within 21 days persons: of the publication in the Gazette of the notice of my intention to Abbott, Gertrude Mary apply for a release and dissolution of the company a notice of , late of Karoonda, of no occupation, objection in the form laid down by the Corporations (South who died on 17 August 1999. Baker, Jean Muriel Australia) Rules 1993. A summary of my receipts and payments , late of 1 Hale Street, Everard Park, retired as liquidator is available from my office. machinist, who died on 9 September 1999. Bookless, Matthew Paton, late of Fosters Road, Oakden, retired Dated 2 November 1999. maintenance worker, who died on 6 September 1999. J. SHEAHAN, Liquidator Dinham, Valma Anne, late of 2 Wooton Road, Edwardstown, married woman, who died on 29 July 1999. Note: Section 481 of the Corporations Law enacts that an Dudley, Raymond Bish, late of 40 Shelly Avenue, Port order of the Court releasing a liquidator shall discharge him/her in Willunga, retired caretaker, who died on 27 September the administration of the affairs of the company, or otherwise in 1999. relation to his or her conduct as liquidator, but any such order Furnell, Doris Ruby, late of 26 Flinders Highway, Port may be revoked on proof that it was obtained by fraud or by Lincoln, widow, who died on 8 September 1999. suppression or by concealment of any material fact. Grenfell, Margaret Steele, late of 285 Goodwood Road, Kings Park, married woman, who died on 16 September 1999. Hyland, Bessie, late of Ruwoldt Road, Yahl, of no occupation, BROKEN HILL SERVICE STATION PTY LTD who died on 15 September 1999. (ACN 008 291 656) Klenner, Alice Elizabeth, late of 1 Kent Street, Hawthorn, widow, who died on 21 September 1999. FUEL LINK PTY LTD has a brought a summons in Action No. Lawrence, Sidney John, late of 27 Adrian Street, Christie 1288 of 1999, in the Supreme Court of South Australia seeking Downs, retired labourer, who died on 3 December 1997. the winding up of Broken Hill Service Station Pty Ltd. The Palfi, Franjo, late of Andamooka, driller and miner, who died summons is listed for hearing on 7 December 1999 at not before on 30 April 1999. 2.15 p.m. Any creditor or contributory of Broken Hill Service Philpott, Roy Henry, late of 8 Lynton Avenue, Millswood, Station Pty Ltd wishing to be heard on the summons must file and retired painter, who died in January 1998. serve a notice in accordance with Rule 20 of the Corporations Piper, Myrtle, late of 108 South Road, West Hindmarsh, widow, (South Australia) Rules 1993, at least three business days before who died on 11 September 1999. the day on which the summons is listed for hearing and must attend at the Supreme Courthouse, Victoria Square, Adelaide, at the time set for the hearing of the summons. A copy of the summons and affidavit in support can be obtained on payment of the proper cost from Johnson Lawyers, 58 Brougham Place, North Adelaide, S.A. 5006. 2346 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [11 November 1999

SOUTH AUSTRALIA—In the Supreme Court. No. 1749 of Any creditor or contributory of Environmental Products 1993. In the matter of BCI Pty Ltd (in liquidation) (ACN 008 Amalgamated Pty Ltd wishing to be heard on the summons must 193 342), Bissland Pty Ltd (in liquidation) (ACN 007 546 750), file and serve a notice in accordance with Rule 20 of the Bissland (ACT) Pty Ltd (in liquidation) (ACN 053 223 171) and Corporations (South Australia) Rules 1993, at least three business in the matter of the Corporations Law. days before the day on which the summons is listed for hearing Notice by a Liquidator of His Intention to Seek His Release and must attend at the Supreme Courthouse, Victoria Square, Adelaide at the time set for the hearing of the summons. A copy Take notice that I, Austin Robert Meerten Taylor, of Horwath of the summons and the affidavit in support can be obtained on Adelaide Partnership, 99 Frome Street, Adelaide, S.A. 5000, the payment of the proper costs from Marshalls, Level 2, 81 Flinders liquidator of the abovenamed companies, intend to make Street, Adelaide, S.A. 5000. application to the Supreme Court of South Australia for my release as the liquidator of the abovenamed companies. And further take notice that if you have any objection to the granting of my release you must file at the Supreme Court and also forward to me within 21 days of the publication in the SOUTH AUSTRALIA—In the Supreme Court. No. 1141 of Gazette of the notice of my intention to apply for a release a 1995. In the matter of Molnar (Mocare) Pty Ltd (in liquidation) notice of objection in the form laid down by the Corporations (ACN 008 098 351) and in the matter of the Corporations Law. (South Australia) Rules 1993. A summary of my receipts and Notice of Release of Liquidator payments for each company as liquidator is available from my Take notice that by an order of the Supreme Court of South office. Australia dated 27 August 1999, I, Robert Anthony Ferguson, of Dated 1 November 1999. Deloitte Touche Tohmatsu, Level 3, 190 Flinders Street, Adelaide, S.A. 5000, the liquidator of the abovenamed company A. R. M. TAYLOR, Liquidator was granted my release as liquidator. Note: Section 481 of the Corporations Law enacts that an order of the Court releasing a liquidator shall discharge him/her in Dated 4 November 1999. the administration of the affairs of the company, or otherwise in R. A. FERGUSON, Liquidator relation to his or her conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or by concealment of any material fact. ROBBIE NOMINEES PTY LTD BUMP PTY LTD (ACN 007 928 261) (ACN 072 401 284) METRO SHUTTLE V.I.P. PASSENGER SERVICE PTY LTD FESTIVAL CITY WINES & SPIRITS PTY LTD (ACN 008 086 (ACN 067 129 113) has brought a summons in Action No. 1301 413) has a brought a summons in Action No. 1282 of 1999, in of 1999 in the Supreme Court of South Australia seeking the the Supreme Court of South Australia seeking the winding up of winding up of Robbie Nominees Pty Ltd. The summons is listed Bump Pty Ltd. The summons is listed for hearing on Tuesday, 7 for hearing on Tuesday, 7 December 1999 at not before December 1999 at not before 2.15 p.m. Any creditor or 2.15 p.m. contributory of Bump Pty Ltd wishing to be heard on the Any creditor or contributory of Robbie Nominees Pty Ltd summons must file and serve a notice in accordance with Rule 20 wishing to be heard on the summons must file and serve a notice of the Corporations (South Australia) Rules 1993, at least three in accordance with Rule 20 of the Corporations (South Australia) business days before the day on which the summons is listed for Rules 1993 at least 3 business days before the date on which the hearing and must attend at the Supreme Courthouse, Victoria summons is listed for hearing and must attend at the Supreme Square, Adelaide, at the time set for the hearing of the summons. Courthouse, 1 Gouger Street, Adelaide, at the time set for the A copy of the summons and affidavit in support can be obtained hearing of the summons. on payment of the proper cost from Martirovs & Co., 3rd Floor, 44 Pirie Street, Adelaide, S.A. 5000, solicitors for the plaintiff. A copy of the summons and the affidavit in support can be obtained on payment of the proper costs from Millennium Law, Level 24, Santos House, 91 King William Street, Adelaide, S.A. CONCOURSE OIL (N.S.W.) PTY LTD 5000. (ACN 080 080 066) Dated 6 November 1999. HI TRANS EXPRESS PTY LTD (ACN 007 889 910) has a P. D. KERIN, Solicitor brought a summons in Action No. 1271 of 1999, in the Supreme Court of South Australia seeking the winding up of Concourse Oil (N.S.W.) Pty Ltd. The summons is listed for hearing on Tuesday, 7 December 1999 at not before 2.15 p.m. Any creditor or contributory of Concourse Oil (N.S.W.) Pty Ltd wishing to be T.V. FARMS PTY LTD heard on the summons must file and serve a notice in accordance (ACN 077 041 368) with Rule 20 of the Corporations (South Australia) Rules 1993, at least three business days before the day on which the summons is VISY BOARD PTY LTD (ACN 005 787 913) has a brought a listed for hearing and must attend at the Supreme Courthouse, summons in Action No. 1275 of 1999, in the Supreme Court of Victoria Square, Adelaide, at the time set for the hearing of the South Australia seeking the winding up of T.V. Farms Pty Ltd. summons. A copy of the summons and affidavit in support can be The summons is listed for hearing on Tuesday, 7 December 1999 obtained on payment of the proper cost from Martirovs & Co., at not before 2.15 p.m. Any creditor or contributory of T.V. 3rd Floor, 44 Pirie Street, Adelaide, S.A. 5000, solicitors for the Farms Pty Ltd wishing to be heard on the summons must file and plaintiff. serve a notice in accordance with Rule 20 of the Corporations (South Australia) Rules 1993, at least three business days before the day on which the summons is listed for hearing and must ENVIRONMENTAL PRODUCTS AMALGAMATED attend at the Supreme Courthouse, Victoria Square, Adelaide, at PTY LTD the time set for the hearing of the summons. A copy of the summons and affidavit in support can be obtained on payment of (ACN 007 431 450) the proper cost from Martirovs & Co., 3rd Floor, 44 Pirie Street, REFRIGERATION & HEATING WHOLESALE (S.A.) PTY Adelaide, S.A. 5000, solicitors for the plaintiff. LTD has brought a summons in Action No. 1320 of 1999, in the Supreme Court of South Australia seeking the winding up of Environmental Products Amalgamated Pty Ltd. The summons is listed for hearing on 7 December 1999 at not before 2.30 p.m. 11 November 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2347

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