South Australian Consolidated Acts South Australian Consolidated Acts (1) The Governor may
make such regulations as are contemplated by, or as are necessary or expedient
for the purposes of, this Act.
(2) Without limiting
the generality of subsection (1), the regulations may—
(a)
prohibit or restrict the undertaking of a specified activity, or an activity
of a specified class, within a River Murray Protection Area, or a specified
part of a River Murray Protection Area, specified by the regulations;
(b)
provide that a person undertaking a specified activity, or an activity of a
specified class, or proposing to undertake a specified activity, or an
activity of a specified class, within a River Murray Protection Area, or a
specified part of a River Murray Protection Area, comply with any prescribed
requirement or condition;
(c)
prohibit, restrict or regulate access to a River Murray Protection Area, or a
specified part of a River Murray Protection Area;
(d)
provide for the registration of any infrastructure, plant or equipment in a
River Murray Protection Area;
(e)
require the provision of any report, statement, document, specification or
other form of information to the Minister or to any other prescribed person or
body;
(f)
exempt classes of persons or activities from the application of this Act or
specified provisions of this Act, either unconditionally or subject to
conditions;
(g)
prescribe fees, or provide for the Minister to determine fees, to be paid with
respect to a matter under this Act and provide for the recovery of those fees;
(h)
authorise the release or publication of information of a specified kind
obtained in the administration of this Act;
(i)
prescribe fines not exceeding $20 000 for
contravention of a regulation.
(3) Without limiting
the generality of paragraph (b) of subsection (2), a requirement
under that paragraph may include a requirement that a person undertaking an
activity—
(a)
enter into a bond in such sum and subject to such terms and conditions
required or determined by or under the regulations, or enter into some other
prescribed arrangement, to ensure that money is available to address the costs
of any damage to the River Murray on account of the activity; or
(b) take
steps to offset or protect against any adverse impact on the River Murray on
account of the activity, including by the payment of a sum or sums of money
into an account in accordance with a scheme established by or under the
regulations; or
(c)
develop or comply with environment improvement programs.
(4) A regulation under
subsection (2) cannot apply so as to prevent—
(a) any
operation conducted under a statutory authorisation granted under a Mining
Act; or
(b) any
activity undertaken under an approval granted under the Development
Act 1993 if—
(i)
the approval is a development approval granted under the
Development Act 1993 after the commencement of this Act; and
(ii)
the application for the approval of the relevant
development was referred to the Minister responsible for the administration of
this Act under section 37 of the Development Act 1993 before the approval
was granted.
(5) Regulations under
this Act—
(a) may
be of general application or limited application;
(b) may
make different provision according to the matters or circumstances to which
they are expressed to apply;
(c) may
provide that a matter or thing in respect of which regulations may be made is
to be determined according to the discretion of the Minister or any other
person or body prescribed by the regulations;
(d) may
apply or incorporate, wholly or partially and with or without modification, a
code, standard, policy or other document prepared or published by the Minister
or another prescribed body.
(6) A regulation under
this Act may make provisions of a saving or transitional nature consequent on
the enactment of this Act or the commencement of specified provisions of this
Act or specified regulations (including regulations made under
subsection (2)(a), (b) or (c) at any time after the commencement of this
Act).
(7) A provision
referred to in subsection (6) may, if the regulations so provide, take
effect from a day that is earlier than the day on which the regulation is made
but, in such a case, the provision does not operate so as—
(a) to
affect, in a manner prejudicial to any person (other than the Crown), the
rights of that person existing before the date of publication of the
regulation; or
(b) to
impose liabilities on any person (other than the Crown) in respect of anything
done or omitted to be done before the date of publication of the regulation.