South Australian Consolidated Acts South Australian Consolidated Acts (1) The Governor may
make such regulations as are contemplated by this Act or as are necessary or
expedient for the purposes of this Act.
(2) The regulations
may, for example—
(a)
provide for the management of harbors and the admission and removal of vessels
from them;
(b)
regulate the mooring or anchorage of vessels;
(c)
empower an authorised person to take action to move and secure any vessel that
has not been anchored or moored in accordance with the regulations;
(d)
regulate the loading, unloading, carriage or handling of goods, making any
special provision that may be necessary or desirable in relation to dangerous
goods or any other particular class of goods;
(e)
regulate the storage of goods, making any special provision that may be
necessary or desirable for the storage of dangerous goods or any other
particular class of goods;
(f)
require the use of lights or signals to minimise the risk of collisions in
harbors;
(g) make
any provision necessary or desirable to secure safety and good order in
harbors or on harbor facilities or otherwise within the jurisdiction;
(h)
regulate the navigation of vessels within the jurisdiction;
(i)
impose rules to regulate navigation within the
jurisdiction, to prevent collisions and to improve safety;
(j)
regulate the use of hire-and-drive vessels;
(k)
require the lighting and marking of vessels and of structures situated in or
in the vicinity of navigable waters;
(l)
require the master or agent of every vessel or of every vessel of a specified
class to announce the arrival of the vessel in a harbor;
(m)
require information as to goods to be loaded or unloaded to be kept and
provided by the master or owner of a vessel or shipping agents, regulate the
form in which the information is to be provided, and fix civil or criminal
penalties for failing to provide the required information within the time
allowed by the regulations;
(n)
require information as to pilotage to be kept and provided by the master or
pilot of a vessel;
(o)
limiting the Minister's liability for loss of, or damage to, goods occurring
while the goods are in the Minister's custody or the Minister is otherwise
responsible for the goods;
(p)
regulate, restrict or prohibit parking, or otherwise control traffic, on or in
the vicinity of land or any structure under the care, control and management
of the Minister;
(q)
require that specified equipment be carried by, or fitted to, vessels of a
specified class;
(r)
declare any part of the jurisdiction to be a speed zone and impose a speed
limit for that zone or otherwise impose speed limits in any part of the
jurisdiction;
(s)
regulate, restrict or prohibit the discharge of pollutants into waters within
the jurisdiction or make any other provision to prevent or reduce pollution;
(t)
place limits on the mass or volume of cargo that may be carried by a vessel or
the number of passengers and crew or otherwise regulate the loading of
vessels;
(u)
provide for the designation of parts of wharfs or harbor facilities as
restricted areas, and empower authorised persons to direct persons not to
enter, or to leave, a restricted area;
(v)
place limits on the mass of vehicles on or in the
vicinity of land, or any structure, under the care, control and management of
the Minister;
(w)
require and regulate the reporting of accidents on or in the vicinity of land
or any structure under the care, control and management of the Minister;
(x)
regulate, restrict or prohibit the deposit of waste on or
in the vicinity of land or any structure under the care, control or management
of the Minister;
(y)
regulate trade, advertisement or other commercial or recreational activity on
or in the vicinity of land or any structure under the care, control and
management of the Minister;
(z)
regulate, restrict or prohibit the carriage of dangerous cargoes;
(aa)
regulate the form or manner of any application under this Act and require
documents or information to accompany such application;
(ab)
regulate the transfer of registration of a vessel or the transfer of a licence
to carry on a business of hiring out vessels under this Act;
(aba)
regulate the sale of vessels to which Part 9 or a Division of Part 9 applies;
(abb)
provide for and regulate the affixing of a plate to the hull of vessels of a
specified class for the purposes of identifying the hull;
(ac) fix
fees to be paid in respect of any matter under this Act and regulate the
recovery, waiving or reduction of such fees;
(af)
provide for a committee (with a majority of members nominated by relevant
interest groups) to advise the Minister on the amounts of the facilities
levies, and the application of the Facilities Fund, under section 90A;
(ag) fix
default charges to be paid if an amount payable under this Act is not paid
within a time allowed by the regulations for payment;
(ah)
make provisions in relation to evidence in proceedings for an offence against
the regulations;
(ai)
exempt (conditionally or unconditionally) specified persons or vessels or
persons or vessels of a specified class, from the provisions, or any specified
provisions, of this Act.
(3) A regulation may
be of general or limited application according to the class of vessels to
which it applies, the area in which it applies, the circumstances of its
application, or any other specified factor.
(4) A regulation may
confer discretionary powers on the Minister, the CEO or an authorised person.
(5) The regulations
may incorporate or operate by reference to a code or standard published by a
specified authority as in force at a specified time or as in force from time
to time.
(6) If a code or
standard is referred to or incorporated in the regulations—
(a) a
copy of the code or standard must be kept available for inspection by members
of the public, without charge and during normal office hours, at an office or
offices specified in the regulations; and
(b)
evidence of the contents of the code or standard may be given in any legal
proceedings by production of a document apparently certified by the Minister
to be a true copy of the code or standard.
(7) The regulations
may impose fines, not exceeding $5 000, for offences against the
regulations.
(8) The regulations
may fix expiation fees for alleged offences against the regulations.