South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act—
"activity" includes the storage or possession of anything (including something
in liquid or gaseous form);
"associate"—see subsection (2);
"authorised officer" means a person appointed under Part 4 Division 3;
"business" includes a business not carried on for profit or gain;
"business day" means any day except a Saturday or a Sunday or other public
holiday;
"Chief Executive" means the Chief Executive of the Department and includes a
person for the time being acting in that position;
"coastal waters of the State" means any part of the sea that is from time to
time included in the coastal waters of the State by virtue of the Coastal
Waters (State Powers) Act 1980 of the Commonwealth;
"condition" includes a limitation;
"contravene" includes fail to comply with;
"Council" means the Marine Parks Council of South Australia established under
section 24;
"council" means a council within the meaning of the Local Government
Act 1999 ;
"Department" means the administrative unit of the Public Service that is,
under the Minister, responsible for the administration of this Act;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"ERD Court" means the Environment, Resources and Development Court established
under the Environment, Resources and Development Court Act 1993 ;
"general duty of care" means the duty under Part 5;
"harm"—see subsection (4);
"indigenous land use agreement" means an indigenous land use agreement
registered under Part 2 Division 3 of the Native Title Act 1993 of
the Commonwealth;
"land" includes air above land;
"management plan" means a management plan under Part 3 Division 2;
"marine park" means an area established as a marine park under Part 3 Division
1;
"permit" means a permit under Part 3 Division 4;
"place" includes any land, water, premises or structure;
"prohibiting or restricting an activity"—see subsection (5);
"protection order" means a protection order under Part 6 Division 1;
"public authority" includes a Minister, statutory authority or council;
"related operational Act" means an Act declared by the regulations to be a
related operational Act;
"reparation order" means a reparation order under Part 6 Division 1;
"restrict" includes regulate;
"sea" includes land beneath sea and air above sea;
"special purpose area"—see section 5;
"spouse"—a person is the spouse of another if they are legally married;
"statutory authorisation" means an approval, consent, licence, permit or other
authorisation or entitlement granted, arising or required under an Act;
"statutory instrument" means—
(a) a
plan, program or policy; or
(b) any
other instrument of a prescribed kind,
made under an Act;
"taking action to make good harm"—see subsection (6);
"vehicle" includes aircraft;
"vessel" means—
(a) a
ship, boat or vessel; or
(b) an
air-cushion vehicle, or other similar craft, used on water; or
(c) a
surf board, wind surf board, motorised jet ski, water skis or other similar
device on which a person rides through water; or
(d) a
structure that is designed to float in water;
"waters" includes land beneath waters and air above waters;
"zone"—see section 4.
(2) For the purposes
of this Act, a person is an "associate" of another if—
(a) they
are partners; or
(b) 1 is
a spouse, domestic partner, parent or child of another; or
(c) they
are both trustees or beneficiaries of the same trust, or 1 is a trustee and
the other is a beneficiary of the same trust; or
(d) 1 is
a body corporate or other entity (whether inside or outside Australia) and the
other is a director or member of the governing body of the body corporate or
other entity; or
(e) 1 is
a body corporate or other entity (whether inside or outside Australia) and the
other is a person who has a legal or equitable interest in
5 per cent or more of the share capital of the body corporate or
other entity; or
(f) they
are related bodies corporate within the meaning of the
Corporations Act 2001 of the Commonwealth; or
(g) a
chain of relationships can be traced between them under any 1 or more of the
above paragraphs.
(3) For the purposes
of subsection (2), a "beneficiary" of a trust includes an object of a
discretionary trust.
(4) For the purposes
of this Act—
(a)
"harm" includes—
(i)
a risk of harm, and future harm; and
(ii)
anything declared by regulation to be harm to a
marine park; and
(b) harm
need not be permanent but must be more than transient or tenuous in nature.
(5) For the purposes
of this Act, a reference to "prohibiting or restricting an activity" within a
marine park, or a zone or other area of a marine park, includes a reference to
prohibiting or restricting access (including access by aircraft) to the
marine park or zone or area.
(6) For the purposes
of this Act, "taking action to make good harm" to a marine park includes
taking the following action:
(a)
minimising, managing or containing the harm;
(b)
remedying the harm;
(c)
addressing the consequences resulting from the harm;
(d)
compensating for any loss or adverse impacts arising from the harm.
(7) For the purposes
of this Act, the Minister may, in assessing the costs of
taking action to make good harm to a marine park, apply any assumptions
determined by the Minister to be reasonable in the circumstances.