South Australia

   Adelaide Dolphin Sanctuary Regulations 2005

   under the Adelaide Dolphin Sanctuary Act 2005

   Contents
   1 Short title
   2 Commencement
   3 Interpretation
   4 ADS Management Plan--prescribed bodies (section 11(5)(b) and (7)(a)
   of Act)
   5 Applications for warrants (section 29(6) of Act)
   6 General duty of care--prescribed circumstances (section 32(3) of Act)
   7 Action on non-compliance with order etc--prescribed rate of interest
   (sections 34, 36 and 37 of Act)

   Schedule 1--ADS Management Plan--prescribed bodies

   Legislative history

   1--Short title

   These regulations may be cited as the Adelaide Dolphin Sanctuary
   Regulations 2005.

   2--Commencement

   These regulations will come into operation on the day on which the
   Adelaide Dolphin Sanctuary Act 2005 comes into operation.

   3--Interpretation

   In these regulations, unless the contrary intention appears--

   Act means the Adelaide Dolphin Sanctuary Act 2005.

   4--ADS Management Plan--prescribed bodies (section 11(5)(b) and (7)(a)
   of Act)

   For the purposes of section 11(5)(b) and (7)(a) of the Act, the bodies
   specified in Schedule 1 are prescribed.

   5--Applications for warrants (section 29(6) of Act)

   (1) The grounds of an application for a warrant under section 29 of the
   Act made personally must be verified by affidavit.

   (2) If an application for a warrant is made by telephone--

   (a) the applicant must inform the magistrate of the applicant's name
   and identify the position that he or she holds for the purposes of the
   Act, and the magistrate, on receiving that information, is entitled to
   assume, without further inquiry, that the applicant holds that
   position; and

   (b) the applicant must inform the magistrate of the purpose for which
   the warrant is required and the grounds on which it is sought; and

   (c) if it appears to the magistrate from the information given by the
   applicant that there are proper grounds to issue a warrant, the
   magistrate must inform the applicant of the facts that justify, in the
   magistrate's opinion, the issue of the warrant, and must not proceed to
   issue the warrant unless the applicant undertakes to make an affidavit
   verifying those facts; and

   (d) if the applicant gives such an undertaking, the magistrate may then
   make out and sign a warrant, noting on the warrant the facts that
   justify, in the magistrate's opinion, the issue of the warrant; and

   (e) the warrant is taken to have been issued, and comes into force,
   when signed by the magistrate; and

   (f) the magistrate must inform the applicant of the terms of the
   warrant; and

   (g) the applicant must, as soon as practicable after the issue of the
   warrant, forward to the magistrate an affidavit verifying the facts
   referred to in paragraph (c).

   (3) A magistrate by whom a warrant is issued must file the warrant, or
   a copy of the warrant, and the affidavit verifying the grounds on which
   the application for the warrant was made, in the Magistrates Court.

   6--General duty of care--prescribed circumstances (section 32(3) of
   Act)

   For the purposes of section 32(3) of the Act, any circumstance
   involving the exercise of a statutory power by a public authority in an
   emergency situation is prescribed.

   7--Action on non-compliance with order etc--prescribed rate of interest
   (sections 34, 36 and 37 of Act)

   (1) For the purposes of sections 34(5)(a), 36(5)(a) and 37(8)(a) of the
   Act, the prescribed rate of interest per annum on an unpaid amount will
   be the prime bank rate for any financial year for which the amount
   remains unpaid.

   (2) In this regulation--

   prime bank rate for a particular financial year means the corporate
   loan reference rate applied by the Commonwealth Bank of Australia for
   corporate lending on the first trading day of the Bank in that
   financial year.

   Schedule 1--ADS Management Plan--prescribed bodies

   Aboriginal Legal Rights Movement Incorporated
   Adelaide and Mount Lofty Ranges Natural Resources Management Board
   Boating Industry Association of South Australia Incorporated
   City of Port Adelaide Enfield
   City of Salisbury
   Conservation Council of South Australia Incorporated
   Flinders Ports Pty Limited
   South Australian Employers' Chamber of Commerce and Industry
   Incorporated
   South Australian Fishing Industry Council Incorporated
   South Australian Recreational Fishing Advisory Council Incorporated

   Legislative history

   Notes

   o For further information relating to the Act and subordinate
   legislation made under the Act see the Index of South Australian
   Statutes.

   Principal regulations

   Year
       No
          Reference
                                Commencement
   2005
       134
          Gazette 2.6.2005 p1694
                                4.6.2005: r 2