South Australia

   Marine Parks Regulations 2008

   under the Marine Parks Act 2007

   Contents
   1 Short title
   2 Commencement
   3 Interpretation
   4 Notice of establishment of marine park (section 10(7))
   5 Applications for warrants (section 34(6))
   6 General duty of care--prescribed circumstances (section 37(3))
   7 Action on non-compliance with order etc--prescribed rate of interest
   (sections 39, 41 and 42)

   Legislative history

   1--Short title

   These regulations may be cited as the Marine Parks Regulations 2008.

   2--Commencement

   These regulations will come into operation on the day on which section
   10 of the Marine Parks Act 2007 comes into operation.

   3--Interpretation

   In these regulations--

   Act means the Marine Parks Act 2007.

   4--Notice of establishment of marine park (section 10(7))

   For the purposes of section 10(7) of the Act, the Minister must give
   notice of the making of a proclamation to establish a marine park by
   notice in the Gazette, in a newspaper circulating generally within the
   State and on a website determined by the Minister.

   5--Applications for warrants (section 34(6))

   (1) The grounds of an application for a warrant under section 34 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).

   6--General duty of care--prescribed circumstances (section 37(3))

   For the purposes of section 37(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 39, 41 and 42)

   (1) For the purposes of sections 39(5)(a), 41(5)(a) and 42(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.

   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 or www.legislation.sa.gov.au.

   Principal regulations

   Year
       No
          Reference
                                 Commencement
   2008
       284
          Gazette 6.11.2008 p5066
                                 6.11.2008:  r 2