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No. 136 1339
THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY ALL PUBLIC ACTS appearing in this GAZETTE are to be considered official, and obeyed as such ADELAIDE, THURSDAY, 30 SEPTEMBER 1999 CONTENTS Page Appointments, Resignations, Etc. 1342 Erratum 1342 Corporations and District Councils—Notices 1403 Crown Lands Act 1929—Notice 1342 Development Act 1993—Notice 1342 Fisheries Act 1982—Notices 1342 Gaming Machines Act 1992—Notice 1346 Geographical Names Act 1991Notices 1346 Governors’ Pensions Act 1976Notice 1347 Harbors and Navigation Act 1993Notices 1347 Housing Improvement Act 1940—Notices 1348 Land Acquisition Act 1969-1972Notice 1353 Land and Business (Sale and Conveyancing) Act 1994 Notice 1353 Liquor Licensing Act 1997—Notices 1353 Livestock Act 1997—Notice 1350 Lower North Animal and Plant Control BoardNotice 1358 Mining Act 1971—Notice 1358 Motor Vehicles 1959Notice 1358 Partnership Act 1891Notices 1406 Page
Prices Act 1948Notice 1350 Private Advertisements 1406 Proclamations 1340 Public Trustee Office—Administration of Estates 1406 REGULATIONS Electricity Act 1996 (No. 195 of 1999) 1370 Liquor Licensing Act 1997 (No. 196 of 1999) 1386 Real Property Act 1886 (No. 197 of 1999) 1390 (No. 198 of 1999) 1392 Harbors and Navigation Act 1993 (No. 199 of 1999) 1393 Land and Business (Sale and Conveyancing) Act 1994 (No. 200 of 1999) 1395 Agricultural Chemicals Act 1955 (No. 201 of 1999) 1397 Roads (Opening and Closing) Act 1991—Notices 1359 Road Traffic Act 1961Notice 1342 Rules of Court 1362 Soil Conservation and Land Care Act 1989—Notice 1358 Vocational Education, Employment and Training Act 1994Contracts of Training 1364 GOVERNMENT GAZETTE NOTICES ALL poundkeepers' and private advertisements forwarded for publication in the South Australian Government Gazette must be PAID FOR PRIOR TO INSERTION; and all notices, from whatever source, should be legibly written on one side of the paper only and sent to Riverside 2000 so as to be received no later than 4 p.m. Tuesday preceding the day of publication. Phone 8207 1045 or Fax 8207 1040. E-mail: govgaz@riv.ssa.sa.gov.au. Send as attachments in Word format and please confirm your transmission with a faxed copy of your document, including the date the notice is to be published and to whom the notice will be charged. ANIMAL AND PLANT CONTROL (AGRICULTURAL PROTECTION AND OTHER PURPOSES) ACT 1986 SECTION 51: VARIATION OF DECLARATION OF CLASSES OF PLANTS TO WHICH ACT APPLIES Proclamation By The Governor (l.s.) E. J. Neal PURSUANT to section 51 of the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986, on the recommendation of the Animal and Plant Control Commission and with the advice and consent of the Executive Council, I vary the declaration made under that section on 3 October 1991 (see Gazette 3 October 1991 p. 990), as varied
Willows of all species (excluding the following:
var. babylonica Salix calodendron Salix chilensis Salix myrtilloides Salix reichardii Salix serpyllifolia Salix sepulcralis var. sepulcralis) Given under my hand and the Public Seal of South Australia, at Adelaide, 30 September 1999. By command, Iain Evans, for Premier MPNR 35/99 CS MPNR 50/99 CS GOVERNMENT FINANCING AUTHORITY ACT 1982 SECTION 4(3): DECLARATION OF A SEMI-GOVERN-MENT AUTHORITYVARIATION OF DECLARATION Proclamation By The Governor (l.s.) E. J. Neal PURSUANT to section 4(3) of the Government Financing Authority Act 1982 and with the advice and consent of the Executive Council, I vary the declaration made on 13 January 1983 (see Gazette 13 January 1983 p. 41) by striking out from the schedule "Australian Barley Board". Given under my hand and the Public Seal of South Australia, at Adelaide, 30 September 1999. By command, Iain Evans, for Premier T&F 74/99 CS SHOP TRADING HOURS ACT 1977 SECTION 13: ALTERA-TION OF SHOP TRADING HOURSPORT LINCOLN SHOPPING DISTRICT Proclamation By The Governor (l.s.) E. J. Neal PURSUANT to section 13 of the Shop Trading Hours Act 1977 and with the advice and consent of the Executive Council, I authorise the opening of all shops in the Port Lincoln Shopping District from 11 a.m. until 5 p.m. on Sunday, 3 October 1999, subject to the conditions specified in the schedule. Schedule This proclamation only authorises the opening of a shop if—
Given under my hand and the Public Seal of South Australia, at Adelaide, 30 September 1999. By command, Iain Evans, for Premier MGE 96/99 CS
SHOP TRADING HOURS ACT 1977 SECTION 13: ALTERA-TION OF SHOP TRADING HOURSLOXTON SHOPPING DISTRICT Proclamation By The Governor (l.s.) E. J. Neal PURSUANT to section 13 of the Shop Trading Hours Act 1977 and with the advice and consent of the Executive Council, I authorise the opening of all shops in the Loxton Shopping District from 10 a.m. until 4 p.m. on Sunday, 17 October 1999, subject to the conditions specified in the schedule. Schedule This proclamation only authorises the opening of a shop if—
Given under my hand and the Public Seal of South Australia, at Adelaide, 30 September 1999. By command, Iain Evans, for Premier MGE 95/99 CS
STATUTES AMENDMENT (TRUSTS) ACT 1999 (Act No. 56 of 1999): DAY OF COMMENCEMENT Proclamation By The Governor (l.s.) E. J. Neal WITH the advice and consent of the Executive Council, I fix 18 October 1999 as the day on which the Statutes Amendment (Trusts) Act 1999 will come into operation. Given under my hand and the Public Seal of South Australia, at Adelaide, 30 September 1999. By command, Iain Evans, for Premier AG 33/99 CS RESIDENTIAL TENANCIES (MISCELLANEOUS) AMEND-MENT ACT 1999 (Act No. 55 of 1999): DAY OF COMMENCEMENT Proclamation By The Governor (l.s.) E. J. Neal WITH the advice and consent of the Executive Council, I fix 3 October 1999 as the day on which the Residential Tenancies (Miscellaneous) Amendment Act 1999 will come into operation. Given under my hand and the Public Seal of South Australia, at Adelaide, 30 September 1999. By command, Iain Evans, for Premier OCBA 8/98 CS ELECTRICITY (MISCELLANEOUS) AMENDMENT ACT 1999 (Act No. 60 of 1999): DAY OF COMMENCEMENT OF SUSPENDED PROVISIONS Proclamation By The Governor (l.s.) E. J. Neal WITH the advice and consent of the Executive Council, I fix 11 October 1999 as the day on which the remaining provisions of the Electricity (Miscellaneous) Amendment Act 1999 will come into operation. Given under my hand and the Public Seal of South Australia, at Adelaide, 30 September 1999. By command, Iain Evans, for Premier T&F 80/99 CS NATIONAL PARKS AND WILDLIFE ACT 1972 SECTION 34(1): CONSTITUTION OF GRANITE ISLAND RECREATION PARK Proclamation By The Governor (l.s.) E. J. Neal PURSUANT to section 34(1) of the National Parks and Wildlife Act 1972, being of the opinion that the land described in the schedule should be conserved and managed for public recreation and enjoyment and with the advice and consent of the Executive Council, I
Schedule Allotment 1 and pieces 2, 3, 4 and 5 of DP 43331 in the Hundred of Encounter Bay, extending to low water mark. Given under my hand and the Public Seal of South Australia, at Adelaide, 30 September 1999. By command, Iain Evans, for Premier MEH 27/99 CS
(l.s.) E. J. Neal WITH the advice and consent of the Executive Council, I fix 30 September 1999 as the day on which the National Wine Centre (Land of Centre) Amendment Act 1998 will come into operation. Given under my hand and the Public Seal of South Australia, at Adelaide, 30 September 1999. By command, Iain Evans, for Premier DPC 12/98CS AGRICULTURAL CHEMICALS ACT 1955 SECTION 4(4): EXEMPTIONS—VARIATION OF PROCLAMATION Proclamation By The Governor (l.s.) E. J. Neal Preamble 1. By proclamation made under the Agricultural Chemicals Act 1955 on 27 June 1957 (see Gazette 27 June 1957 p. 1564, first occurring) certain provisions of the Act were declared not to apply to certain substances. 2. The declaration referred to in clause 1 has been varied by subsequent proclamation (see Gazette 21 August 1958 p. 442; 20 December 1973 p. 3336; 20 December 1973 p. 3340). 3. It is now intended that the declaration be further varied. Proclamation PURSUANT to section 4(4) of the Agricultural Chemicals Act 1955 and with the advice and consent of the Executive Council, I vary the proclamation referred to in clause 1 of the preamble by striking out paragraph 2 of that proclamation and substituting the following paragraphs: 2. Sections 8 and 9 and 12 to 23 (inclusive) of the Act do not apply to
3. In this proclamation "fertiliser" means any substance
for any one or more of the following purposes: (c) for promoting the growth of any vegetation or any part of any vegetation; (d) for improving the fertility or structure of soil in any way. Given under my hand and the Public Seal of South Australia, at Adelaide, 30 September 1999. By command, Iain Evans, for Premier MPNR 25/99 CS Department of the Premier and Cabinet Adelaide, 16 September 1999
IN Government Gazette dated 16 September 1999, at page 1153, first notice appearing on that page, Michael Darner Hannell, should read Michael Damer Hannell. By command,
ATTG 38/94 TC1CS Department of the Premier and Cabinet Adelaide, 30 September 1999 HIS Excellency the Governor in Executive Council has been pleased to appoint Derek Yorke Nevill Sprod as a Stipendiary Magistrate from 11 October 1999, pursuant to the provisions of the Magistrates Act 1983. By command, Iain Evans, Acting Premier ATTG 26/99CS CROWN LANDS ACT 1929: SECTION 5 TAKE NOTICE that pursuant to the Crown Lands Act 1929, I PETER MACLAREN KENTISH, Surveyor-General and Delegate appointed by DOROTHY KOTZ, Minister for Environment and Heritage, Minister of the Crown to whom the administration of the Crown Lands Act 1929 is committed DO HEREBY: 1. Resume the land defined in The First Schedule. 2. Dedicate the Crown Land defined in The Second Schedule as a Renewable Power Generation and Waterworks Reserve and declare that such land shall be under the care, control and management of the Minister for Government Enterprises.
Portion of Waterworks Reserve, sections 28, 34 and 35, Hundred of Uley, County of Flinders, the proclamation of which, together with other land was published in the Government Gazette of 24 July 1980 at page 293, being the whole of the land comprised in Crown Record Volume 5694 Folio 152. The Second Schedule Sections 28, 34 and 35, Hundred of Uley, County of Flinders, exclusive of all necessary roads, being the whole of the land comprised in Crown Record Volume 5694 Folio 152. Dated 28 September 1999. P. M. Kentish, Surveyor-General DENR 08/0412
DEVELOPMENT ACT 1993, SECTION 27 (1): BAROSSA VALLEY REGION—INDUSTRY PLAN AMENDMENT Preamble The Minister for Transport and Urban Planning has approved the amendment entitled ‘Barossa Valley Region—Industry Plan Amendment’ (the Plan Amendment) and has referred it to the Governor. Notice PURSUANT to section 27 (1) of the Development Act 1993, I, the Governor with the advice and consent of the Executive Council, declare the Plan Amendment to be an authorised Plan Amendment and fix 30 September 1999 as the day on which it will come into operation. Dated 30 September 1999. E. J. Neal, Governor MFTUP CAB 37/99CS
ROAD TRAFFIC ACT 1961 SECTION 53A: APPROVAL OF TRAFFIC SPEED ANALYSER Notice By The Governor PURSUANT to section 53A of the Road Traffic Act 1961 and with the advice and consent of the Executive Council, I approve apparatus of the following kind as a traffic speed analyser: Traffipax Speedophot II Dated 30 September 1999. E. J. Neal, Governor TSA 6883/98 CS FISHERIES ACT 1982: SECTION 53 TAKE note that the notice made under section 53 of the Fisheries Act 1982, and published in the South Australian Government Gazette, dated 2 July 1999, on page No. 109, being the first notice on that page, which refers to S. & Z. Lukin Pty Ltd, is hereby revoked. Dated 22 September 1999. G. R. Morgan, Director of Fisheries FISHERIES ACT 1982: SECTION 59 TAKE notice that pursuant to section 59 of the Fisheries Act 1982, Rolf Czabayski, 5 Willowbridge Grove, Burnside, S.A. 5066 (hereinafter referred to as the ‘permit holder’) is exempt from Regulation 35C of the Fisheries (General) Regulations 1984, in that the permit holder shall not be guilty of an offence when using berley within the waters specified in Schedule 1 to attract white sharks (Carchardon carcharias) for the purpose of cage viewing only (hereinafter referred to as the ‘permitted activity’), subject to the conditions specified in Schedule 2, for the dates specified in Schedule 3.
Coastal waters contained within the Neptune Islands Conservation Park, and the following portions of the Sir Joseph Banks Islands Conservation Park; English and Sibsey Islands. Note: Dangerous Reef is not available under this permit due to Sea lion breeding between 1 May 1999 and 1 January 2000. Schedule 2 1. The permit holder must be on board the boat when conducting the permitted activity. 2. All berley used while conducting the permitted activity must consist of fish based products only. All berley (other than fish oil) must be stored below a maximum temperature of 4C. 3. The permit holder must notify the public by a Notice to Mariners through the Australian Maritime Safety Authority, by public notice in the Adelaide Advertiser at least 24 hours in advance of berleying operations, advising the local coastguard and the Fisheries Compliance Unit on 1800 065 522 at least two hours prior to conducting the permitted activities. 4. The permit holder shall allow an officer of the Department for Environment Heritage and Aboriginal Affairs (DEHAA) or nominee to be present on board the boat during the permitted activities if requested and subject to negotiation and availability of space. 5. The permit holder must comply with all instructions (including ceasing to berley if so instructed) given by an officer from DEHAA. 6. Whilst engaged in the permitted activity, an pennant (approved by DEHAA) must be flown from the boat so as to be clearly visible. 7. Whilst engaged in the permitted activity the permit holder must have in his/her possession a copy of this notice and produce a copy of the notice if required by a Fisheries Compliance Officer. 8. The permit holder shall not contravene or fail to comply with the Fisheries Act 1982, or any regulations made under the Act, except where specifically exempted by this notice. 9. The permit holder must maintain a log whilst engaged in the permitted activity which includes the date and location, number of passengers, number of hours berleying, number of sharks observed and any other relevant observations or comments. Records must be kept in a form determined by the operators association in conjunction with CSIRO Marine Research Unit and endorsed by the Minister for Environment and Heritage. A copy of the log must be provided to the relevant DEHAA office within 14 days of each calender month. Failure to submit a log within the agreed time period may preclude the provision of future permits until such outstanding logs are received by the relevant DEHAA office. 10. The permit holder must conform to a code of ethics developed by the operators association and endorsed by the Minister for Environment and Heritage. 11. The permit holder will operate in co-operation with and in agreement of any other approved operator at the same location. 12. The permit holder must have public liability insurance to an amount determined by the Minister for Environment and Heritage and ensure vessels are surveyed and staffed as per Department of Transport regulations.
4 September to 6 September 1999. Dated 27 September 1999. R. Allen, Manager Parks and Wildlife West FISHERIES ACT 1982 Marine Tuna Farming Licence FB00005 (Previous Licence No. F607)
WHEREAS the Director of Fisheries has, pursuant to section 50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit to the undermentioned licensee to release the fish specified in Schedule 2 of this licence (‘the permitted species’) and, pursuant to section 48G (2) of the Act, the Director of Fisheries has also issued a permit to disturb the seabed for the purpose of installing structures necessary for the licensed activity at the below mentioned site, the Minister for Primary Industries, Natural Resources and Regional Development (‘the Minister’) hereby grants to: S. & Z. Lukin Nominees Pty Ltd (13044) 62 Lincoln Highway Port Lincoln, S.A. 5606, a non-exclusive licence to occupy and use the waters specified in Item 1 of Schedule 1 of this licence (‘the site’) for the purpose of farming and taking the permitted species (‘the permitted use’) for the period commencing on 1 July 1999 and ending, subject to any earlier termination under this licence, on 30 June 2000 (‘the term’) subject to the following terms and conditions: Conditions of This Licence 1. Licence The parties acknowledge and agree that: 1.1 the rights, powers and privileges granted to or vested in the licensee under this licence are contractual only and shall not create or vest in the licensee any estate, interest or right of a proprietary nature in the site; and 1.2 that, subject to section 53A of the Fisheries Act 1982, this licence does not entitle the licensee to exclusive rights of entry to and occupation of the site and that the rights granted by this licence are exercisable by the licensee in common with any other occupiers of the site from time to time. 2. Marked-off Areas For the purposes of section 53A of the Fisheries Act 1982, the marked-off areas within the site is that area or those areas marked-off or indicated in the manner set out in Item 2 of Schedule 1 of this licence. 3. Permitted Species The licensee: 3.1 must not farm or introduce any species at the site other than the permitted species; and 3.2 must not take any wild fish from the site except for recreational purposes. 4. Permitted Use The licensee must not use the site for any purpose other than the permitted use. 5. Permitted Methods The licensee: 5.1 must not stock the permitted species at a rate greater than that specified in Schedule 2 of this licence; 5.2 must not use the anti-fouling chemical tributyltin (TBT) on any equipment used at the site; 5.3 must not use any chemical or drug for either therapeutic or prophylactic purpose except with the prior approval of the Minister; 5.4 must apply the permitted farming methods set out in Schedule 2 of this licence. 6. Sea Cages The licensee: 6.1 must ensure that all sea cages on the site have anti-predator protection satisfactory to the Minister at all times during the term; and 6.2 must immediately inform an officer of PIRSA (Fisheries) on 1800 065 522 or such other officer as the Minister from time to time notifies to the licensee in writing if any marine animal, other than the permitted species, is caught in any sea cage or other farm structure used by the licensee on the site. 7. Location of Sea Cages The licensee must not erect or use any sea cages in any location on the site where stocked sea cages have been used in the immediately preceding two year period. 8. Marking and Maintaining the Site The licensee: 8.1 must ensure that the site is maintained in a good, tidy and safe condition to the satisfaction of the Minister; 8.2 must remove and lawfully dispose of any waste or debris on the site as soon as is reasonably practicable and in particular must comply with any guidelines issued from time to time by the Minister in relation to the removal from the site of any unhealthy or dead fish; 8.3 must maintain all buoys, crosses, and markers on the site in good condition and in accordance with the colours specified in Schedule 1 of this licence; and 8.4 must mark the site boundary in accordance with the specifications in Schedule 1 of this licence. 9. Site Inspection and Supervision The licensee: 9.1 must at all times permit the Minister, his employees, agents or contractors or any employees, agents or contractors of the Crown to enter the site for the purposes of inspecting the site, the sea floor and the flora and fauna on or in the vicinity of the site; and 9.2 must comply with all reasonable directions of any such person authorised by the Director of Fisheries to inspect the conduct of the licensee’s activities at the site. 10. Fees and Returns The licensee: 10.1 must pay to the Minister the licence fee in accordance with Item l of Schedule 3 of this licence; 10.2 must on or before 31 January and 31 July during the term, submit to the Minister a return supplying all of the information described in Schedule 4 of this licence. 11. Compliance With Relevant Laws 11.1 the licensee must at all times comply with all laws, by-laws or regulations in force which relate to the site or the activities conducted in the site and with all notices, orders or requirements lawfully given or made by any authority or authorities in respect of the site; 11.2 in particular, without derogating from the general requirement under condition 11 of this licence: 11.2.1 the licensee must not do or permit to be done in upon or about the site anything which in the opinion of the Minister would cause or contribute to the degradation or pollution of any coastal land or the surrounding marine environment; and 11.2.2 in the event that the Minister is satisfied, on reasonable grounds, that the fish taken from the waters are not fit for human consumption or that consumption of fish taken from the waters could present a danger to the health of the consumer, the licensee must, in accordance with a written notice from the Minister, cease or suspend the conduct of the permitted use or else conduct the permitted use as directed within the notice. 12. Public Risk Indemnity The licensee must at all times indemnify the Minister, his officers, employees, contractors and agents from and against all claims, demands, actions, judgments, proceedings, damages, losses, costs, charges and expenses in respect of any loss of life, personal injury and/or damage to property caused or suffered in any manner in or about the site. 13. Release The licensee must use and keep the site at the risk in all things of the licensee and the licensee must release to the full extent permitted by law the Minister, his agents, contractors and servants in the absence of any wilful act, omission, default or neglect on their part from all claims and demands of every kind resulting from any accident damage or injury to persons or property occurring at the site, including loss or damage to the licensee’s fixtures or personal property of the licensee. 14. Public Risk Insurance The licensee shall at its own cost and expense during the term effect and keep in full force and effect in respect of the site and the permitted use a policy of public risk insurance in the joint names of the licensee and the Minister in which the limits of public risk shall not be less than the amount specified in Item 2 of Schedule 3 of this licence, or such further amount as the Minister may from time to time reasonably require, as the amount which may be paid out in respect of any one single claim and a policy of insurance or copy thereof or a certificate of insurance shall be produced by the licensee to the Minister on request in writing being made by the Minister for its production. 15. Guarantee or Indemnity Scheme The licensee must either: 15.1 provide a guarantee from its bankers; or 15.2 contribute to an indemnity scheme established for the aquaculture and fisheries industry and approved by the Minister, to and in favour of and for the benefit of the Minister by way of security for the due and punctual performance by the licensee of the terms and conditions of this licence and in particular the obligations of the licensee to rehabilitate the site immediately prior to the expiration or sooner determination of the term of this licence. Such guarantee or indemnity scheme must have effect from the date of commencement of the term. 16. No Assignment The licensee acknowledges that this licence is personal and it must not assign or sublet or deal in any other way with any interest in this licence. 17. Default by Licensee and Termination The Minister may terminate this licence immediately by notice in writing served on the licensee if: 17.1 the licensee commits or permits any breach or default of the obligations imposed on the licensee by this licence, and following the giving by the Minister of written notice of such breach or default, the licensee either fails to rectify such breach or default within one calendar month of the date of such notice (or earlier if the circumstances require) or fails to make diligent progress towards rectifying any such breach which is incapable of rectification within the time so limited; or 17.2 the licensee commits or permits any further breach or default of the obligations imposed on the licensee by this licence for which the Minister has previously given notice in writing of such breach or default pursuant to paragraph 1 of condition 17.1 notwith-standing rectification of the previous breach or default; or 17.3 the licence fee referred to in condition 10 is unpaid for a period of 14 days after notice has been given to the licensee that it is outstanding; or 17.4 if the licensee is a body corporate, any of the following occur: 17.4.1 the licensee is unable to pay its debts as and when they fall due or is otherwise insolvent; 17.4.2 an order is made for the winding up or liquidation of the licensee; 17.4.3 the licensee enters into a scheme of arrangement, compromise, moratorium or other form of composition with its creditors or any class of its creditors; 17.4.4 a receiver, a manager or a receiver and manager, a company administrator or other insolvency administrator is appointed to the licensee; or 17.4.5 a mortgagee, chargee or other encum-brancee is appointed over or takes possession of or appoints an agent to take possession of all or any of the licensee’s assets; or 17.5 if the licensee is an individual, the licensee: 17.5.1 becomes bankrupt or assigns its estate or enters into a deed of arrangement or other form of composition for the benefit of the licensee’s creditors; or 17.5.2 is convicted of an indictable offence. Termination of this licence by the Minister shall be without prejudice to any rights, remedies or actions that the Minister may have against the licensee in respect of any antecedent breach by the licensee of the terms and conditions contained in this licence. 18. Interpretation Subject to any inconsistency of subject or context, the following rules of construction shall be used in the interpretation of this licence: 18.1 any word importing the plural includes the singular and vice versa; 18.2 any wording importing a gender shall include all other genders; 18.3 a reference to a body corporate shall include a natural person and vice versa; 18.4 a reference to a recital, party, clause, Schedule or Annexure is a reference to a recital, party, clause, Schedule or Annexure of this licence; 18.5 the captions, headings, section numbers and clause numbers appearing in this licence are inserted only as a matter of convenience and in no way affect the construction of this licence; 18.6 a reference to a statute shall include all statutes amending, consolidating or replacing the statutes referred to; 18.7 where two or more persons are named as licensees, this licence shall bind the licensees jointly and each of them severally; and 18.8 time is of the essence in respect of any obligation relating to time in this licence. 19. Delegation Any consent, notice, any consultation or any other thing which is pursuant to the terms of this licence either required to be given, done or performed or which may be given, done or performed by the Minister may for the purposes of this licence be properly given, done or performed by any duly authorised agent or employee of the Minister. 20. Severance If any term or condition of this licence should be for any reason unlawful, void, invalid or unenforceable then the offending term or condition shall be severed from this licence without affecting the validity or enforceability of the remainder of this licence. 21. Modification No variation of or addition to any provision of this licence shall be binding upon the Minister and the licensee unless such variation or addition is made in writing, signed by both the Minister and the licensee and expressed to be either supplemental to or in substitution for the whole or a part of this licence. 22. Waiver 22.1 A waiver of any provision of this licence by the Minister must both be in writing and be signed by the Minister or by persons duly authorised to execute such a document on the Minister’s part. 22.2 No waiver by the Minister of a breach of a term or condition contained in this licence shall operate as a waiver of any breach of the same or any other term or condition contained in this licence. 22.3 No forbearance, delay or indulgence by the Minister in enforcing the provisions of this licence shall prejudice or restrict the rights of the Minister. 23. Notices 23.1 Notices may be served by delivering the same personally, by mail or facsimile transmission and shall be: 23.1.1 in writing addressed to the Director of Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 (in the case of the Minister) and to the address of the licensee set out above (in the case of the licensee); 23.1.2 signed by or on behalf of the sender or by a person duly authorised in that regard by the sender; 23.1.3 deemed to be duly served or made in the following circumstances:
but if delivery is not made before 5 p.m. on any day it shall be deemed to be received at 9 a.m. on the next day in that place. 23.2 The Minister and the licensee may each vary their address or facsimile number at any time by written notice. Granted on behalf of the Minister by Director of Fisheries, delegate of the Minister, on 22 September 1999. G. Morgan, Director of Fisheries The licensee hereby acknowledges and agrees to the terms and conditions of this licence. The Common Seal of S. & Z. Lukin Nominees Pty Ltd was hereunto affixed in the presence of:
Schedule 1 Item 1—The Site Area applicable to this licence: Licensed Area Licensed Hectares
AGD 66Zone 53 587797E 6155738N 20 587445E 6155547N 587697E 6155116N 588045E 6155308N All structures, equipment, buoys and flotations (except for that required by the Department for Transport, Urban Planning and the Arts) must be black, dark grey, dark blue, dark brown, or dark green coloured materials. The boundary of the site to be marked either with:
(2) Posts to be not less than 125 mm in diameter. (3) Posts and crosses to be painted yellow. (4) The ends of each cross to be marked with a 200 mm strip of yellow retro-reflective tape. (5) Between the corner posts at intervals not exceeding 50 m, buoys not less than 300 mm in diameter. (6) All buoys, posts, crosses and markers must be maintained in good condition. or
(2) The buoys and topmarks must all be coloured yellow and marked with a yellow retro-reflective as in (a) (4). (3) All buoys, posts, crosses and markers must be maintained in good condition.
Marked-off areas must be marked with no less than eight equally spaced white buoys, each of at least 12 inches in diameter, each positioned no more than 70 m from each relevant sea cage situated on the site. Schedule 2
The Director of Fisheries has, pursuant to section 50 (2) of the Act, issued a permit for the release of the fish specified in this Schedule: Snapper (Pagrus auratus) Southern Bluefin Tuna (Thunnus maccoyii) Australian Herring (Tommy Ruff) (Arripis georgianus) Yellowtail King Fish (Seriola Ialandii) Silver Trevally (Pseudocaranx dentex)
The Director of Fisheries has, pursuant to section 48G (2) of the Act, issued a permit to disturb the seabed for the purpose of installing the structures specified in this Schedule. Sea Cages 12 Stocking Rates The maximum stocking density of fish, other than Southern Bluefish Tuna (Thunnus maccoyii), on the site must not exceed 10 kg/m3. 12 seacages each with a maximum diameter of 20 m. The maximum standing stock of all fish on the site must not exceed 250 tonnes. The maximum stocking density of Southern Bluefin Tuna (Thunnus maccoyii) must not exceed 4 kg/m3. The maximum weight of Southern Bluefin Tuna (Thunnus maccoyii) introduced into the site must not exceed 162 tonnes in total during the term of the licence. Schedule 3
Annual licence fees are: $ TEMP Environmental Monitoring Fee (per hectare) 20 at $136 each 2 720.00 Base Licence Fee (per hectare) 20 at $183 each 3 660.00 Fisheries Research & Development Corporation (per hectare) 20 at $342 each 6 840.00 Total Annual Licence Fee 13 220.00 Quarterly Instalments 3 305.00 Item 2—Public Risk Insurance Five million dollars ($5 000 000). Schedule 4
The licensee must submit the following information to the Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25 Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and 31 July during the term of this licence: 1. Name of licensee. 2. Address of licensee. 3. Species of fish farmed and held on the site. 4. Location of aquaculture operation. 5. Period covered by return. 6. Number of life stage of each species of fish held. 7. Number, weight and value of each species of fish held. 8. Details of any disease detected in any fish kept. 9. Source (whether interstate or intrastate) of any stock acquired and date of acquisition (if relevant, include name of authority that provided certification that stock was free from disease). 10. If any fish were brought into the state, the number of fish and the life stage of the fish. 11. If fish were brought into the state, the purpose for which they were brought in. 12. Method of disposal of water and packaging use for transporting the fish. 13. If any disease or symptom of disease occurred in the acquired fish. 14. Method of disposal of diseased or dead fish and the number disposed of. 15. Signature, date and telephone number. 16. Use of any chemicals for fish husbandry—type of chemical and quantity used, purpose and date of use. GAMING MACHINES ACT 1992 Notice of Application for Grant or Transfer of a Gaming Machine Licence NOTICE is hereby given, pursuant to section 29 of the Gaming Machines Act 1992, that Pellegrino and Ann De-Francesca have applied to the Liquor and Gaming Commissioner for the grant/transfer of a Gaming Machine Licence in respect of premises situated at 20 Francis Terrace, Lochiel, S.A. 5010 and known as Lake View Hotel. The application has been set down for hearing on 29 October 1999 at 9 a.m. Any person may object to the application by lodging a notice of objection in the prescribed form with the Liquor Licensing Commissioner, and serving a copy of the notice on the applicants at the applicants’ address given above, at least seven days before the hearing date. Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the Liquor Licensing Commissioner, 9th Floor, East Wing, G.R.E. Building, 50 Grenfell Street, Adelaide, S.A. 5000. Dated 27 September 1999. Applicants
GEOGRAPHICAL NAMES ACT 1991 For Public Consultation Notice of Intention to Assign Boundaries and Names to Places NOTICE is hereby given pursuant to the provisions of the above Act, that the Surveyor-General proposes to: 1. Discontinue the boundaries of Port Elliot, Middleton, Goolwa, Goolwa North and Goolwa South. 2. Assign the names; Gemmells, Tinpot Hill, Red Creek, Salem, Callington, Hartley, Woodchester, Macclesfield, Paris Creek, Strathalbyn, Betchley, Langhorne Creek, Tolderol, Lake Plains, Angas Plains, Belvidere, Willyaroo, Sander-grove, Ashborne, Bull Creek, McHarg Creek, Prospect Hill, Blackfellows Creek, Kuitpo, The Range, Montarra, Dingable-dinga, Kyeema, Kuitpo Colony, Mount Magnificent, Yundi, Hope Forest, Willunga Hill, Pages Flat, Mount Compass, Nangkita, Mount Observation, Finniss, Nurragi, Milang, Clayton, Mundoo Island, Hindmarsh Island, Currency Creek, Tooperang, Mount Jagged, Mosquito Hill, Port Elliot (extended), Middleton, Goolwa, Goolwa North, Point Sturt, Goolwa South and Goolwa Beach to those areas within the Alexandrina Council and shown numbered 1 to 54 respectively on Rack Plan 827. Copies of Rack Plan 827 can be viewed in the office of the Surveyor-General, Adelaide and the offices of the Alexandrina Council. Submissions in writing regarding this proposal may be lodged with the Secretary, Geographical Names Advisory Committee, c/o Department for Environment, Heritage and Aboriginal Affairs, 300 Richmond Road, Netley, S.A. 5037 (P.O. Box 550, Marleston, S.A. 5033) within one month of the publication of this notice. Dated 15 September 1999. P. M. Kentish, Surveyor-General, Department for Administrative and Information Services. DEHAA 04/0083 GEOGRAPHICAL NAMES ACT 1991 For Public Consultation Notice of Intention to Assign Boundaries to Places NOTICE is hereby given pursuant to the provisions of the above Act, that the Surveyor-General proposes to assign the names PORT KENNY, VENUS BAY, MOUNT DAMPER, TALIA, MOUNT WEDGE, COLTON, MOUNT JOY, ELLISTON, BRAMFIELD, COOLILLIE, KAPPAWANTA, SHERINGA, PALKAGEE, POLDA, ULYERRA, HAMBIDGE, LOCK, MURDINGA, and TOOLIGIE to those areas within the District Council of Elliston shown numbered 1 to 19 respectively on Rack Plan 841. Copies of Rack Plan 841 can be viewed at the office of the Surveyor-General, 101 Grenfell Street, Adelaide or at the office of the District Council of Elliston. Submissions in writing regarding this proposal may be lodged with the Secretary, Geographical Names Advisory Committee, Building 2, 300 Richmond Road, Netley, S.A. 5037 (P.O. Box 550, Marleston, S.A. 5033) within one month of the publication of this notice. Dated 21 September 1999. P. M. Kentish, Surveyor-General, Department for Administrative and Information Services. DEHAA 04/0089 GEOGRAPHICAL NAMES ACT 1991 Notice to Assign Names and Boundaries to Places NOTICE is hereby given pursuant to the provisions of the above Act that I, PETER MACLAREN KENTISH, Surveyor-General and delegate appointed by Hon. Robert Lawson, QC MLC, Minister for Administrative Services, Minister of the Crown to whom the administration of the Geographical Names Act 1991, is committed, DO HEREBY assign the names ROXBY DOWNS and OLYMPIC DAM to those areas numbered 1 and 2 respectively on Rack Plan 856. Dated 21 September 1999. P. M. Kentish, Surveyor-General, Department for Administrative and Information Services. DEHAA 04/0220 GEOGRAPHICAL NAMES ACT 1991 For Public Consultation Notice of Intention to Assign Boundaries to Places NOTICE is hereby given pursuant to the provisions of the above Act, that the Surveyor-General proposes to assign the names KARKULTABY, MINNIPA, YANINEE, MOUNT DAMPER, PYGERY, WUDINNA, KYANCUTTA, WARRAMBOO, KOONGAWA, PINKAWILLINIE, COCATA, and PANEY to those areas within the District Council of Le Hunte shown numbered 1 to 12 respectively on Rack Plan 828. Copies of Rack Plan 828 can be viewed at the office of the Surveyor-General, 101 Grenfell Street, Adelaide or at the office of the District Council of Le Hunte. Submissions in writing regarding this proposal may be lodged with the Secretary, Geographical Names Advisory Committee, Building 2, 300 Richmond Road, Netley, S.A. 5037 (P.O. Box 550, Marleston, S.A. 5033) within one month of the publication of this notice. Dated 21 September 1999. P. M. Kentish, Surveyor-General, Department for Administrative and Information Services. DEHAA 04/0098
GOVERNORS’ PENSIONS ACT 1976 Pension Increase PURSUANT to section (4) (2) of the Governors’ Pensions Act 1976, I hereby direct that the ‘adjustment percentage’ for the first pension payment in the month of October 1999, shall be +0.98% and shall operate to increase pensions. Dated 21 September 1999. J. T. Hill, Acting Under Treasurer HARBORS AND NAVIGATION ACT 1993 Recognition of Certificates of Survey I, PETER MURRAY SWIFT, Manager, Marine Operations, in accordance with the delegation granted to me by the Chief Executive Officer, Transport SA dated 23 December 1998, pursuant to section 11(2) of the Harbors and Navigation Act 1993, and the powers given to me by Regulation 125 of the Harbors and Navigation Regulations 1994, give notice that a valid certificate of survey issued by the Government of another Australian jurisdiction in accordance with the National Marine Safety Committee’s Protocol on the Mutual Recognition of Certificates of Survey, is equivalent to a certificate of survey issued pursuant to the Harbors and Navigation Act 1993, subject to compliance with the requirements of the SA Marine Policy No. 1 issued on 28 May 1999, or as varied from time to time. This notice may be varied or revoked at any time. Dated 25 August 1999. P. M. Swift, Manager, Marine Operations HARBORS AND NAVIGATION ACT 1993 Determination of State Crewing Committee THE following determination made on 27 August 1999 by the State Crewing Committee is published pursuant to part 6, section 45 of the Harbors and Navigation Act 1993. Diana Laidlaw, Minister for Transport and Urban Planning. TSA 99/06471 HARBORS AND NAVIGATION ACT 1993
THE following determination is made by the State Crewing Committee pursuant to part 6, section 45 of the Harbors and Navigation Act 1993, in respect of the Sea Eagle whilst operating within 15 nautical miles of the coast of South Australia. Minimum complement During Daylight hours One personMaster During the hours of Darkness Two persons—Master and GP (General Purpose Person) Minimum Qualifications of Crew MasterCertificate of Competency as Coxswain and has successfully completed elements of Shipboard Safety and Restricted Radio Telephony courses. GP—General purpose person, an able bodied person not less than 16 years of age with not less than 3 months experience on vessels, and has successfully completed an approved elements of Ship Safety course. Capt. W. J. Stuart, Presiding Member, State Crewing Committee. HOUSING IMPROVEMENT ACT 1940 NOTICE is hereby given that the South Australian Housing Trust in the exercise of the powers conferred by the Housing Improvement Act 1940, does hereby declare the houses described in the table hereunder to be substandard for the purposes of Part VII of the Housing Improvement Act 1940.
Dated at Adelaide, 30 September 1999. G. Black, General Manager, Housing Trust HOUSING IMPROVEMENT ACT 1940 WHEREAS by notice published in the Government Gazette on the dates mentioned in the following table the South Australian Housing Trust did declare the houses described in the said table to be substandard for the purposes of Part VII of the Housing Improvement Act 1940, the South Australian Housing Trust in the exercise of the powers conferred by the said Part, does hereby fix as the maximum rental per week which shall be payable subject to section 55 of the Residential Tenancies Act 1995, in respect of each house described in the following table the amount shown in the said table opposite the description of such house and this notice shall come into force on the date of this publication in the Gazette.
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