South Australian Consolidated Acts South Australian Consolidated Acts (1) A permit may be
granted on such conditions as the Council thinks fit and those conditions may,
for example—
(a)
require that the operations to be carried out in pursuance of the permit be
supervised by a person with appropriate professional qualifications and
experience specified in the permit;
(b)
provide for the notification of the discovery or recovery of any specified
classes of specimens, artefacts or other objects under the permit;
(c)
provide that geological, palaeontological or speleological specimens,
archaeological artefacts or other objects recovered or removed in the course
of the operations are to belong to the Crown;
(d) make
provision for the protection and curation of any such specimens, artefacts or
other objects.
(2) If an application
for a permit under this Act relates to an area within a
River Murray Protection Area, the Council must, in considering the
application, take into account, and seek to further, the objects of the River
Murray Act 2003 and the Objectives for a Healthy River Murray under that
Act.
(3) If an application
for a permit under this Act relates to an area within a
River Murray Protection Area and is within a class of applications prescribed
by the regulations for the purposes of this provision (which class may be
prescribed so as to consist of applications for all such permits), the Council
must, before making its decision on the application—
(a)
consult the Minister to whom the administration of the River Murray
Act 2003 is committed; and
(b)
comply with the Minister's directions (if any) in relation to the application
(including a direction that the application not be granted, or that if it is
to be granted, then the permit be subject to conditions specified by the
Minister).
(4) The Council may,
at any time by notice given to the holder of a permit—
(a) vary
or revoke the permit; or
(b) vary
or revoke a condition of a permit.
(5) A person must not
contravene or fail to comply with a condition of a permit.
Maximum penalty: $75 000.
(6) A person who is
dissatisfied with a decision of the Council—
(a) with
respect to his or her application for a permit; or
(b) in
the exercise of a power under subsection (1) or (4),
may appeal to the Minister.
(7) On an appeal, the
Minister may—
(a)
confirm, vary or reverse the decision under appeal; or
(b)
remit the matter to the Council for further consideration or reconsideration.
(8) A decision of the
Minister under subsection (7)(a) will have effect as if it were a
decision of the Council.