The south australian government gazette



Download 1.38 Mb.
Page7/13
Date conversion15.05.2016
Size1.38 Mb.
1   2   3   4   5   6   7   8   9   10   ...   13

WATER MAINS AND SEWERS
Office of the South Australian Water Corporation

Adelaide, 29 August 2013



WATER MAINS LAID
Notice is hereby given that the following main pipes or parts of main pipes have been laid down by the South Australian Water Corporation in or near the undermentioned water districts and are now available for a constant supply of water to adjacent land.
ADELAIDE WATER DISTRICT
TOWN OF GAWLER

Easements in lot 403 in LTRO DP 87744, Richardson Drive, Reid. p14-16

CITY OF MITCHAM

Fisher Crescent, Craigburn Farm. p19 and 20

Ferguson Avenue, Craigburn Farm. p19 and 20

Hackett Close, Craigburn Farm. p19 and 20

Easements in allotment piece 620 in LTRO DP 91700, Ferguson Avenue, Craigburn Farm. p19 and 20

DISTRICT COUNCIL OF MOUNT BARKER

Lawton Court, Nairne. p21

Lloyd Crescent, Littlehampton. p28

Compson Road, Littlehampton. p58

CITY OF PLAYFORD

Fradd Road, Munno Para West, from chainage 00 metres to 370.62 metres. p5, 6 and 9

CITY OF PORT ADELAIDE ENFIELD

Yerlo Drive, Largs North. p1, 2 and 4

Biturro Street, Largs North. p1-4

Kuya Circuit, Largs North. p1, 3 and 4

Kurayne Circuit, Largs North. p1, 3 and 4

Tindo Lane, Largs North. p1, 3 and 4

Swinden Crescent, Blakeview. p56

Margaret Street, Blakeview. p56

CITY OF SALISBURY

Easement in lot 50 in LTRO DP 73203, Edinburgh Road, and lot 1003 in LTRO DP 89856, Mirage Road, Direk. p17 and 18
TOWNSHIP OF CLARE WATER DISTRICT
CLARE AND GILBERT VALLEYS COUNCIL

Square Mile Road, Stanley Flat. p41



MURRAY BRIDGE WATER DISTRICT
THE RURAL CITY OF MURRAY BRIDGE

Gray Street, Murray Bridge. p103



PORT AUGUSTA WATER DISTRICT
PORT AUGUSTA CITY COUNCIL

Addison Road, Port Augusta West. p22



TWO WELLS WATER DISTRICT
DISTRICT COUNCIL OF MALLALA

Walter Avenue (currently lot 100 in LTRO DP 84941), Two Wells. p57

Jean Avenue (currently lot 100 in LTRO DP 84941), Two Wells. p57

WHYALLA WATER DISTRICT
THE CORPORATION OF THE CITY OF WHYALLA

Russell Street, Whyalla Norrie. p59



SEWERS LAID
Notice is hereby given that the following sewers have been laid down by the South Australian Water Corporation in the undermentioned drainage areas and are now available for house connections.
ADELAIDE DRAINAGE AREA
CAMPBELLTOWN CITY COUNCIL

Atkell Avenue, Campbelltown. FB 1230 p27

CITY OF CHARLES STURT

Amos Way, Royal Park. FB 1230 p21

Clegowie Street, West Beach. FB 1230 p29

TOWN OF GAWLER

Easements in lot 403 in LTRO DP 87744, Richardson Drive, Reid. FB 1229 p11-14

CITY OF HOLDFAST BAY

Vale Road, Seacliff Park. FB 1230 p8

Osterley Terrace, Seacliff Park. FB 1230 p18

Slade Street, Somerton Park. FB 1230 p22

CITY OF MITCHAM

In and across Fergusson Avenue, Craigburn Farm. FB 1229 p15-18

In and across Fisher Crescent, Craigburn Farm. FB 1229 p15-19

Easements in lots 531-538 in LTRO DP 91700, Fisher Crescent, Craigburn Farm. FB 1229 p15, 16 and 18

Easement in lot 526 in LTRO DP 91700, Fisher Crescent, Craigburn Farm. FB 1229 p15-17

Easement in lots 515 and 516 in LTRO DP 91700, Fisher Crescent, Craigburn Farm. FB 1229 p15-17

Easements in allotment piece in LTRO DP 91700, Fergusson Avenue, Craigburn Farm. FB 1229 p15-19

Easements in lot 974 in LTRO DP 91700, Grand Boulevard, Craigburn Farm. FB 1229 p15, 16 and 19

Gannet Avenue, Glenalta. FB 1230 p24

Elizabeth Street, Clapham. FB 1230 p25

CITY OF ONKAPARINGA

Selaru Way, Noarlunga Downs. FB 1230 p9

Young Street, Reynella. FB 1230 p10

Roxanne Avenue, Aberfoyle Park. FB 1230 p23

CITY OF PLAYFORD

Swinden Crescent, Blakeview. FB 1229 p21 and 22

Margaret Street, Blakeview. FB 1229 p21 and 22

CITY OF PORT ADELAIDE ENFIELD

Biturro Street, Largs North. FB 1229 p5-9

Easements in reserve (lot 507 in LTRO DP 90694), Yerlo Drive, Largs North. FB 1229 p5-8

Yerlo Drive, Largs North. FB 1229 p5, 6 and 8

Kuya Circuit, Largs North. FB 1229 p5 and 7-9

Kurayne Circuit, Largs North. FB 1229 p5, 7, 9 and 10

Tindo Lane. FB 1229 p5, 7 and 10

Easement in lots 2-7 in LTRO DP 90694, Strathfield Terrace, Largs North. FB 1229 p5, 7 and 8

Easement in lots 14-16 in LTRO DP 90694, Strathfield Terrace, Largs North. FB 1229 p5, 7 and 9

Easement in lot 19 in LTRO DP 90694, Strathfield Terrace, Largs North. FB 1229 p5, 7 and 9

Floriedale Road, Greenacres. FB 1230 p31

CITY OF SALISBURY

High Street, Salisbury. FB 1230 p28

MURRAY BRIDGE COUNTRY DRAINAGE AREA
THE RURAL CITY OF MURRAY BRIDGE

Slade Street, Murray Bridge. FB 1230 p26



STIRLING COUNTRY DRAINAGE AREA
ADELAIDE HILLS COUNCIL

Lot 5 in LTRO DP 51175, Wattle Tree Road, Bridgewater—


40 mm PE80 pressure sewer system main. This main is available on application only. FB 1230 p19

Lot 43 in LTRO FP 129597, James Street, Crafers—40 mm


PE80 pressure sewer system main. This main is available on application only. FB 1230 p19

WHYALLA COUNTRY DRAINAGE AREA
THE CORPORATION OF THE CITY OF WHYALLA

Darling Terrace, Whyalla. FB 1230 p7


A. J. Ringham, Chief Executive Officer,
South Australian Water Corporation

WILDERNESS PROTECTION REGULATIONS 2006



Closure of Western River Wilderness Protection Area

PURSUANT to Regulations 6 (2) (c) of the Wilderness Protection Regulations 2006, I, John Erwin Schutz, Director of National Parks and Wildlife, close to the public part of Western River Wilderness Protection Area from 6 a.m. on Tuesday, 29 October 2013 until 6 a.m. on Monday, 30 June 2014.

The closure applies to the southern section of the wilderness protection area (the whole of Section S47, Deposited Plan H110400, Hundred of Gosse) which is located south of Colmans Road and Sheridan Road.

The purpose of the closure is to ensure the safety of the public during a pest control and monitoring program within the wilderness protection area during the period indicated.

Dated 20 August 2013.

J. E. Schutz, Director of National Parks and Wildlife


South Australia



Statutes Amendment (Gambling Reform) Act (Commencement) Proclamation 2013

1—Short title

This proclamation may be cited as the Statutes Amendment (Gambling Reform) Act (Commencement) Proclamation 2013.



2—Commencement of Act

(1) Subject to subclauses (2) to (6), the Statutes Amendment (Gambling Reform) Act 2013 (No 37 of 2013) (the Act) will come into operation on 31 August 2013.

(2) The following provisions of the Act will come into operation on 31 October 2013:

(a) section 5;

(b) section 37;

(c) section 64;

(d) section 81(1) and (2);

(e) section 107;

(f) Part 7.

(3) The following provisions of the Act will come into operation on 1 January 2014:

(a) section 4;

(b) sections 6 and 7;

(c) section 9;

(d) sections 11 to 36 (inclusive);

(e) sections 38 and 39;

(f) sections 42A, 42B(1),(2),(3),(4),(5),(6) and (8) and 42C to be inserted into the Casino Act 1997 by section 40;

(g) section 41;

(h) sections 46 to 55 (inclusive);

(i) sections 57 to 61 (inclusive);

(j) section 62(2), (5), (6), (7), (8), (9), (10), (11), (12) and (13);

(k) section 63;

(l) sections 65 to 77 (inclusive);

(m) sections 79 and 80;

(n) section 81(3);

(o) section 83;

(p) sections 85 to 87 (inclusive);

(q) section 90;

(r) section 93;

(s) section 53A(1), (2), (3), (5), (6), (7), (8) and (9) to be inserted into the Gaming Machines Act 1992 by section 96;

(t) sections 101 to 103 (inclusive);

(u) section 104(2);

(v) section 106;

(w) section 113(1);

(x) section 115;

(y) section 120(1), (2), (3), (5) and (7);

(z) sections 122 to 124 (inclusive);

(za) section 128.

(4) Section 94 of the Act will come into operation on 1 February 2014.

(5) The following provisions of the Act will come into operation on 1 July 2014:

(a) section 8;

(b) sections 42 to 45 (inclusive);

(c) section 62(1), (3), (4), and (14);

(d) section 78;

(e) section 82;

(f) section 84;

(g) sections 88 and 89;

(h) sections 91 and 92;

(i) section 95;

(j) sections 97 to 100 (inclusive);

(k) section 104(1);

(l) section 105;

(m) sections 108 to 110 (inclusive);

(n) section 112;

(o) section 113(2);

(p) section 114;

(q) section 116;

(r) section 117;

(s) section 120(4) and (6);

(t) section 126;

(u) section 135;

(v) sections 139 to 143 (inclusive).

(6) The following provisions of the Act will come into operation on 1 January 2017:

(a) section 42B(7) to be inserted into the Casino Act 1997 by section 40;

(b) section 53A(4) to be inserted into the Gaming Machines Act 1992 by section 96.



Made by the Governor

with the advice and consent of the Executive Council

on 29 August 2013

MGA0008/13CS


South Australia

Tobacco Products Regulation (Exemption—East of Berlin) Proclamation 2013

under section 71 of the Tobacco Products Regulation Act 1997



1—Short title

This proclamation may be cited as the Tobacco Products Regulation (Exemption—East of Berlin) Proclamation 2013.



2—Commencement

This proclamation comes into operation on the day on which it is made.



3—Interpretation

In this proclamation—



Act means the Tobacco Products Regulation Act 1997;

prescribed period means the period commencing on 1 September 2013 and ending on 6 October 2013;

prescribed production means the stage production of East of Berlin produced by Bakehouse Theatre Company Inc.

4—Application of proclamation

This proclamation applies to the following persons:

(a) a person employed by, or in relation to, the prescribed production;

(b) an occupier of the Bakehouse Theatre, 255 Angas Street, Adelaide;

(c) an employer with responsibility for a workplace consisting of the Bakehouse Theatre in relation to the prescribed production.



5—Exemption from section 46 of the Act

(1) A person to whom this proclamation applies is exempt from the operation of section 46 of the Act in relation to smoking occurring in the course of a performance or rehearsal of the prescribed production during the prescribed period.

(2) An exemption under this clause is subject to the following conditions:

(a) smoking may only occur on a stage on which the prescribed production is being performed or rehearsed, or in a rehearsal room used in relation to the prescribed production;

(b) the area in which smoking may occur under the exemption must be well ventilated;

(c) the audience for a performance of the prescribed production must be warned that there will be smoking during the performance;

(d) a person may only smoke a tobacco product of a kind contemplated by paragraph (g) of the definition of tobacco product in section 4 of the Act.

(3) If a person contravenes or fails to comply with a condition of an exemption specified in subclause (2), the exemption does not, while the contravention or non compliance continues, operate in that person's favour.



Made by the Governor

with the advice and consent of the Executive Council

on 29 August 2013

HEAC-2013-00071

South Australia

Second-hand Dealers and Pawnbrokers Regulations 2013

under the Second-hand Dealers and Pawnbrokers Act 1996



Contents

1 Short title

2 Commencement

3 Interpretation

4 Application of Act

5 Modification of Act in relation to abandoned goods

6 Requirements to be complied with by auctioneer

7 Disqualification from carrying on business as second hand dealer (section 6 of Act)

8 Notification by dealers, proposed dealers or former dealers (section 7 of Act)

9 Verification of identification

10 Claim to goods in possession of second hand dealer (section 11 of Act)

11 Content of pawn tickets (section 13 of Act)

12 Records of sale of unredeemed pawns (section 14 of Act)

13 Notification by operator of second hand market (section 15 of Act)

14 Records to be kept by operator of second hand market (section 16 of Act)

Schedule 1—Notice of claim to goods in possession of second hand dealer

Schedule 2—Revocation of Second-hand Dealers and Pawnbrokers Regulations 1998

1—Short title

These regulations may be cited as the Second-hand Dealers and Pawnbrokers Regulations 2013.

2—Commencement

These regulations will come into operation on 1 September 2013.

3—Interpretation

In these regulations—

Act means the Second-hand Dealers and Pawnbrokers Act 1996;

interactive game console means equipment for the playing of a game—

(a) that involves a display on a computer monitor, television screen, liquid crystal display or similar medium; and

(b) where the way in which the game proceeds and the result achieved at various stages of the game is determined in response to the decisions, inputs and direct involvement of the player;

prescribed goods means goods of any of the following kinds:

(a) gemstones or precious metals;

(b) items of jewellery that include gemstones or precious metals;

(c) watches;

(d) sporting or recreational goods (but not including clothing or footwear);

(e) watercraft (including jet skis, windsurfers and surfboards) or parts of watercraft (including outboard motors);

(f) musical instruments (but not including pianos other than electric or electronic pianos);

(g) portable engine powered, motorised or air powered tools or equipment;

(h) tool kits;

(i) photographic equipment or video cameras;

(j) computer hardware or interactive game consoles;

(k) computer programs or computer programs and data, including those comprising games for use with interactive game consoles;

(l) electric or electronic goods including—

(i) televisions, radios, compact disc players, video tape players, digital video disc players or other audio or audio visual systems;

(ii) mobile or portable telephones;

(iii) microwave ovens,

(but not including refrigerators, washing machines, clothes dryers, dishwashers, stoves, under bench ovens or wall ovens);

(m) compact discs or digital video discs;

(n) vehicles without their own automotive power (including bicycles, caravans and trailers);

(o) motor vehicles;

(p) the following motor vehicle components:

(i) front left fenders;

(ii) front right fenders;

(iii) front left doors;

(iv) front right doors;

(v) rear left doors;

(vi) rear right doors;

(vii) rear left quarter panels;

(viii) rear right quarter panels;

(ix) body shells;

(x) front sections of body shells;

(xi) rear sections of body shells;

(xii) automatic or manual transmissions;

(xiii) engines;

(xiv) boot lids;

(xv) tailgates;

(xvi) hoods;

(xvii) air bags;

(xviii) frames;

(xix) motor vehicle seats;



prescribed motor vehicle component—see paragraph (p) of the definition of prescribed goods;

written off vehicle has the same meaning as in Part 7 of the Motor Vehicles Regulations 2010;

written off vehicle notice has the same meaning as in Part 7 of the Motor Vehicles Regulations 2010.

4—Application of Act

(1) Sections 8 and 9 of the Act apply only in relation to the following kinds of goods:

(a) goods that a dealer receives under a contract of pawn;

(b) prescribed goods.

(2) Section 10 of the Act applies only in relation to prescribed goods.

(3) Section 10(2) of the Act does not apply in relation to—

(a) gemstones or precious metals; or

(b) items of jewellery that include gemstones or precious metals; or

(c) watches.

(4) Section 10 of the Act does not apply in relation to second hand goods that have come into the possession of a second hand dealer (the transferee dealer) if—

(a) the goods were acquired from another second hand dealer (the transferor dealer); and

(b) the transferor dealer retained the goods in accordance with section 10 or, if the goods have been successively acquired by a chain of second hand dealers, the first in that chain retained the goods in accordance with section 10; and

(c) the transferee dealer keeps, as a record for the purposes of section 8 of the Act, a copy of a certificate signed by the second hand dealer who retained the goods in accordance with section 10 certifying as to that retention.

(5) Sections 9 and 10 of the Act do not apply in relation to a written off vehicle or a motor vehicle component from a written off vehicle if the dealer records, for the purposes of section 8 of the Act, the serial number of a written off vehicle notice affixed to the vehicle.

(6) Sections 6, 7, 8, 9 and 10 of the Act do not apply in relation to the following businesses:

(a) the business of selling second hand vehicles carried on by a person licensed as a dealer, or exempt from the requirement to be licensed as a dealer, under the Second-hand Vehicle Dealers Act 1995;

(b) the business of repairing prescribed goods for customers;

(c) the business of acquiring prescribed goods for the purposes of recycling metal and selling scrap metal obtained from those goods.

(7) For the purposes of the application of the Act, an ADI or a registered corporation within the meaning of the Corporations Act 2001 of the Commonwealth will not be considered to be a pawnbroker only by reason of receiving goods under a contract for sale where the seller has a right to buy back the goods.

(8) Part 2 of the Act does not apply in relation to the sale of goods by an organisation formed for religious, educational or other charitable or beneficial community purposes where all the goods sold have been donated to the organisation and the proceeds of the sale (after deduction of expenses relating to the sale) go to the organisation.

(9) Part 4 of the Act does not apply in relation to—

(a) a second hand market conducted by an organisation formed for religious, educational or other charitable or beneficial community purposes where all the goods sold have been donated to the organisation and the proceeds of the sale (after deduction of the expenses of the market) go to the organisation; or

(b) a second hand market where no prescribed goods are sold.

5—Modification of Act in relation to abandoned goods

(1) The application of the Act is modified in relation to abandoned goods removed by a second hand dealer at the request or with the authorisation of a council or an agency of the Crown in the course of or for the purposes of the dealer's business so that—

(a) the records required to be kept under section 8 of the Act in relation to the goods—

(i) need not contain the information set out in section 8(4) of the Act; but

(ii) must contain—

(A) the name and address of the council or the agency of the Crown at whose request or with whose authorisation the goods were removed; and

(B) a description of the goods; and

(C) a description identifying the place from which the goods were removed; and

(D) the date on which the goods were removed; and

(b) on the sale of the goods by the dealer, the dealer must—

(i) record, for the purposes of section 8 of the Act, the name and residential address or business name and business address of the purchaser of the goods and the date of sale; and

(ii) if the purchaser of the goods is not another second hand dealer, verify the identity of the purchaser and record, for the purposes of section 8 of the Act, details of the means used to verify the information; and

(c) sections 8(5), 9 and 10 of the Act do not apply in relation to the goods.

(2) In this regulation—



abandoned goods means goods that have been abandoned or left, or unlawfully deposited or placed, on a road, in a public place or on local government land or Crown land;

council, local government land, public place and road have the same respective meanings as in the Local Government Act 1999.

6—Requirements to be complied with by auctioneer

For the purposes of the definition of second hand market in section 3 of the Act and for the purposes of section 10(3)(e) of the Act, an auctioneer must comply with the following requirements in relation to each lot of prescribed goods auctioned by the auctioneer:

(a) in the case of an auctioneer who is a second hand dealer1—the auctioneer must record against the entry relating to the goods kept under section 8 of the Act—

(i) the date on which the goods were auctioned; and

(ii) the place at which the goods were auctioned; and

(iii) a note of whether or not the goods were sold at auction and, if the goods were sold, the amount for which the goods were sold;

(b) in the case of an auctioneer who is not a second hand dealer—the auctioneer must—

(i) keep records relating to the goods, and confirm and verify the information recorded, as required by section 8 of the Act as if the auctioneer were a second hand dealer (except that identification codes need not be recorded as required by section 8(4)(f)); and

(ii) record against the entry relating to the goods kept under subparagraph (i)—

(A) the date on which the goods were auctioned; and

(B) the place at which the goods were auctioned; and

(C) a note of whether or not the goods were sold at auction and, if the goods were sold, the amount for which the goods were sold.

Note—

1 Section 24(1)(c) of the Act provides that if in proceedings for an offence against the Act it is established that, within the period of 12 months immediately preceding the date of the alleged offence, the defendant conducted 6 or more auctions for the sale of second hand goods on behalf of other persons, it will be presumed, in the absence of proof to the contrary, that the defendant was carrying on business as a second hand dealer on the date of the alleged offence.

7—Disqualification from carrying on business as second hand dealer (section 6 of Act)

For the purposes of section 6(2)(b) of the Act, an offence against section 8, 10 or 16 of the Act is an offence of a prescribed kind.

8—Notification by dealers, proposed dealers or former dealers (section 7 of Act)

(1) For the purposes of section 7(3)(a) of the Act, the following is required to be contained in a notice under section 7:

(a) in the case of a natural person who is a second hand dealer or proposed second hand dealer—the full name and residential address of the person (and, if the business is to be carried on in partnership, of each partner);

(b) in the case of a body corporate that is a dealer or proposed dealer—

(i) the name and residential address of each director; and

(ii) the address of the registered corporate office of the body corporate;

(c) the name under which the business or proposed business is to be carried on;

(d) each address at which the business or proposed business is to be carried on;

(e) each address at which records required to be kept under the Act are or will be kept;

(f) each address at which goods bought or received in the course of or for the purposes of the business or proposed business are or will be kept;

(g) a brief description of the nature of the business or proposed business, including a description of the types of goods that are or are proposed to be bought or received in the course of or for the purposes of the business or proposed business;

(h) a statement as to whether or not any circumstance applies by virtue of which the person would be disqualified under section 6 of the Act from carrying on business as a second hand dealer;

(i) an address for service.

(2) For the purposes of section 7(4) of the Act, notice must be given to the Commissioner of Police as follows:

(a) if there is any change in—

(i) the residential address of a second hand dealer; or

(ii) the name in which a second hand dealer carries on business; or

(iii) the address of the registered corporate office of a second hand dealer that is a body corporate; or

(iv) the address at which the business of a second hand dealer is carried on; or

(v) the address at which records required to be kept under the Act by a second hand dealer or former second hand dealer are kept; or

(vi) the address at which goods bought or received in the course of or for the purposes of the business of a second hand dealer are kept; or

(vii) the address for service of a second hand dealer or, unless the person is no longer required to keep records under the Act, the address for service of a former second hand dealer,

the second hand dealer or former second hand dealer must, within 14 days, give written notice to the Commissioner of the new address or name (as the case may be);

(b) if a second hand dealer ceases to carry on business as a dealer, the person must, within 14 days, give written notice to the Commissioner of that fact;

(c) if a person enters into a partnership to carry on business as a second hand dealer or ceases to be in such a partnership, the person must, within 14 days, give written notice to the Commissioner of that fact, together with the names and addresses of the members of the new or former partnership;

(d) if a person becomes a director of a body corporate that is a second hand dealer, the body corporate must, within 14 days, give written notice to the Commissioner of the name and residential address of the new director;

(e) if an event occurs by virtue of which a person is disqualified under section 6 of the Act from continuing to carry on business as a second hand dealer, the person must immediately inform the Commissioner of the event.

9—Verification of identification

(1) If a person is required by the Act or these regulations to verify the identity of another (a customer) and record details of the means used to verify that information, the person must verify the identity and record the details in accordance with this regulation.

(2) The identity of a customer must be verified by examining in accordance with subregulation (3) evidence produced by the customer consisting of—

(a) a single card or document that appears—

(i) to have been issued by the government or a statutory authority of the State or the Commonwealth or another State or a Territory; and

(ii) to bear the name, residential address and signature and a photograph of the customer; or

(b) two or more cards or documents—

(i) at least one of which appears to have been issued by the government or a statutory authority of the State or the Commonwealth or another State or a Territory and the other or others of which appear to have been issued for some official or other proper purpose by a person or body other than the customer; and

(ii) that together appear to bear the name, residential address and signature of the customer.

(3) The person must examine the evidence produced by the customer so as to ensure—

(a) that it does not appear to have been forged or tampered with; and

(b) that it contains a name and address matching the name and address given to the person by the customer as the customer's name and residential address; and

(c) that it contains a signature apparently matching the signature of the customer obtained by the person; and

(d) if it consists of a single card or document—that the photograph is a likeness of the customer.

(4) The following details of each card or document used to verify the identity of a customer must be recorded:

(a) if the card or document has an identifying number—that number;

(b) if the card or document does not have an identifying number but does bear the date of its issue—that date;

(c) details sufficient to enable identification of the body or person who apparently issued the card or document.

10—Claim to goods in possession of second hand dealer (section 11 of Act)

(1) For the purposes of section 11(3)(a) of the Act, the notice set out in Schedule 1 is prescribed.

(2) For the purposes of section 11(3)(c) of the Act, the dealer must notify, and give a copy of the notice to—

(a) the police officer in charge of the police station nearest to the place at which the goods subject to the notice are kept; or

(b) a police officer designated for the purpose by the officer in charge of the station.

11—Content of pawn tickets (section 13 of Act)

For the purposes of section 13(2)(c) of the Act, a pawn ticket must contain, in addition to the information required by section 13(2), the following information:

(a) the full name, residential address and signature of the person pawning the goods;

(b) an accurate description of each item of the goods including, where applicable, their types, sizes, colours, brands, serial numbers and other distinguishing features;

(c) a unique identification code;

(d) the date on which the goods are pawned;

(e) the end date of the redemption period;

(f) a statement that the redemption period may be extended by agreement between the pawnbroker and the person entitled to redeem the goods and a description of the procedures for doing so;

(g) a statement that, if at the end of the redemption period the goods have not been redeemed, the pawnbroker is required, as soon as reasonably practicable, to sell the goods in a manner conducive to securing the best price reasonably obtainable;

(h) the address at which the goods will be kept during the redemption period;

(i) if the ticket covers more than 1 item of goods—a statement of whether or not the items may be separately redeemed;

(j) the rate of interest charged by week, month, or other period, as the case may be, and an equivalent annual interest rate (ie. the rate that bears to a year the same proportion as the periodic interest rate bears to the period in respect of which interest is charged);

(k) a statement of any fees or charges that were not treated as interest for the purposes of calculating the rate of interest disclosed under paragraph (i).

12—Records of sale of unredeemed pawns (section 14 of Act)

For the purposes of section 14(5) of the Act, the details of the sale of the goods that must be recorded are—

(a) the date on which the goods are sold; and

(b) the amount for which the goods are sold.

13—Notification by operator of second hand market (section 15 of Act)

(1) For the purposes of section 15(3) of the Act, a notice under section 15 must contain the following information:

(a) in the case of a natural person who operates or proposes to operate a second hand market—the full name, residential address and business address (if any) of the person;

(b) in the case of a body corporate that operates or proposes to operate a second hand market—

(i) the full name and residential address of each director; and

(ii) the address of the registered corporate office of the body corporate;

(c) the name in which the second hand market is or is to be operated;

(d) the address at which the second hand market is or is to be held;

(e) a statement of whether or not the second hand market is or is to be operated on a continuing basis and details of when the market operates or is to operate;

(f) each address at which records required to be kept under the Act are or will be kept;

(g) a statement of whether or not prescribed goods are or may be sold at the second hand market;

(h) a brief description of the nature of the second hand market or proposed second hand market, including a description of the types of goods that are or are proposed to be sold at the market or proposed market;

(i) an address for service.

(2) For the purposes of section 15(4) of the Act, notice must be given to the Commissioner of Police as follows:

(a) if there is any change in—

(i) the residential address of the person who operates a second hand market; or

(ii) the address of the registered corporate office of a body corporate that operates a second hand market; or

(iii) the name in which a second hand market is operated; or

(iv) the address at which a second hand market is operated; or

(v) the address at which records required to be kept under this Act by a person who operates or formerly operated a second hand market are kept; or

(vi) the address for service of a person who operates a second hand market or, unless the person is no longer required to keep records under the Act, the address for service of a person who formerly operated a second hand market,

the person who operates or formerly operated the second hand market must, within 14 days, give written notice to the Commissioner of the new address or name (as the case may be);

(b) if a second hand market that has been operated on a continuing basis ceases to be operated, the person who operated the market must, within 14 days, give written notice to the Commissioner of that fact;

(c) if a person enters into a partnership to operate a second hand market or ceases to be in such a partnership, the person must, within 14 days, give written notice to the Commissioner of that fact, together with the names and addresses of the members of the new or former partnership;

(d) if a person becomes a director of a body corporate that operates a second hand market, the body corporate must, within 14 days, give written notice to the Commissioner of the name and residential address of the new director.

14—Records to be kept by operator of second hand market (section 16 of Act)

(1) For the purposes of section 16 of the Act, the following records must be kept in relation to each day on which second hand goods are sold at the second hand market:

(a) the date on which and the place at which the second hand market is held;

(b) the full names and residential or business addresses of each person who sells prescribed goods at the second hand market.

(2) For the purposes of section 16 of the Act, the identity of the persons recorded under subregulation (1)(b) must be verified, and details of the means used to verify the identity must be recorded, in accordance with these regulations.

Schedule 1—Notice of claim to goods in possession of second hand dealer



Claim to goods in possession of second hand dealer

Claimant

Name of claimant:

Address of claimant:

I claim that the following goods are stolen goods and that I am entitled to possession of the goods.

Description of goods:

I claim that the goods were stolen on [insert date] from [insert location/address]

Police station at which goods reported stolen (if so reported):

Police report number (if known):

I can identify the goods as goods to which I am entitled because of the following marks or features:

Date:


Signature of claimant:

Second hand dealer

Name of second hand dealer:

Business address of dealer:

Address at which claimed goods located:

Date:

Signature of dealer:



Information

1 This notice must be completed and signed by the claimant and the dealer.

2 The dealer must—

• immediately on completion and signing of the notice, give the claimant a copy of the notice; and

• notify a police officer of the making of the claim, and give the officer a copy of the notice, in accordance with the regulations; and

• keep a copy of the notice at the place at which the goods are kept.

3 The dealer must not, without the written authority of a police officer, sell or part with possession of the goods.

4 The Magistrates Court may, on application by a person entitled to the possession of stolen goods that are or have been in possession of a second hand dealer—

• order that the goods be returned to the person or, if the dealer has unlawfully sold or parted with possession of the goods, that the dealer pay to the person the value of the goods;

• make such other orders as to compensation for damage to the goods or otherwise as it thinks fit.

Schedule 2—Revocation of Second-hand Dealers and Pawnbrokers Regulations 1998

The Second-hand Dealers and Pawnbrokers Regulations 1998 are revoked.



Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.



Made by the Governor

with the advice and consent of the Executive Council

on 29 August 2013

No 213 of 2013

MPOL13/11CS

South Australia



Fisheries Management (Blue Crab Fishery) Regulations 2013

under the Fisheries Management Act 2007



Contents

1 Short title

2 Commencement

3 Interpretation

4 Constitution of fishery

5 Issue of licences

6 Transfer of licence

7 Registration

8 Revocation of registration

9 Blue crab pot entitlements and carriage of crab pots on boats

10 Individual blue crab catch quota system

11 Catch and disposal records

12 Periodic returns

Schedule 1—Aquatic resources prescribed for Blue Crab Fishery

Part 1—Aquatic resources prescribed for purposes of regulation 4(2)(a)

Part 2—Aquatic resources prescribed for purposes of regulation 4(2)(b)

Schedule 2—Revocation of regulations

1 Revocation of Fisheries Management (Blue Crab Fishery) Regulations 1998



1—Short title

These regulations may be cited as the Fisheries Management (Blue Crab Fishery) Regulations 2013.



2—Commencement

These regulations will come into operation on 1 September 2013.



3—Interpretation

(1) In these regulations, unless the contrary intention appears—



Act means the Fisheries Management Act 2007;

blue crab means Blue Swimmer Crab (Portunus armatus);

blue crab fishing zone means—

(a) the Gulf St. Vincent Blue Crab Fishing Zone; or

(b) the Spencer Gulf Blue Crab Fishing Zone;

blue crab pot entitlement means the maximum number of crab pots that the holder of a licence in respect of the fishery may lawfully use at any one time for the purpose of taking blue crab under the licence;

blue crab quota entitlement or quota entitlement, in relation to a licence in respect of the Blue Crab Fishery or a marine scalefish fishery and a blue crab fishing zone, means the maximum number of kilograms of blue crab that may lawfully be taken by the holder of the licence in that zone during a quota period, being the product of—

(a) the unit entitlement under the licence in respect of that zone; and

(b) the unit value for that zone and that quota period,

subject to any variation applying during that quota period;



conversion value means the number determined by the Minister to be the conversion value for a blue crab fishing zone and a quota period;

Corporations Act means the Corporations Act 2001 of the Commonwealth;

crab pot has the same meaning as in the Fisheries Management (General) Regulations 2007;

current company extract means a document prepared by the Australian Securities and Investment Commission from its national database kept under the Corporations Act that contains current details of the following in relation to a company:

(a) the company's name;

(b) the address of the company's registered office;

(c) the date of registration of the company;

(d) the State or Territory in which the company is taken to be registered under the Corporations Act;

(e) the company's Australian Company Number;

(f) whether the company is a proprietary company or a public company;

(g) the full name of each director of the company;

(h) the full name of each secretary (if any) of the company;

Department means the administrative unit of the Public Service responsible, under the Minister, for the administration of the Act;

fishery means the Blue Crab Fishery constituted by these regulations;

Gulf St. Vincent Blue Crab Fishing Zone means the waters of Gulf St. Vincent north of the geodesic from the location on Mean High Water Springs closest to 35°10'04.74" South, 137°40'38.64" East to the location on Mean High Water Springs closest to 35°36'48.51" South, 138°05'44.01" East;

marine scalefish fishery means the Marine Scalefish Fishery or the Restricted Marine Scalefish Fishery constituted by the Fisheries Management (Marine Scalefish Fisheries) Regulations 2006;

Mean High Water Springs means the line representing the average of all high water observations at the time of spring tide over a period of 19 years;

quota period—a quota period for the fishery is a period of 12 months commencing on 1 July;

Spencer Gulf Blue Crab Fishing Zone means the waters of Spencer Gulf north of the geodesic from the location on Mean High Water Springs closest to 34°26′45.00″ South, 136°06′57.58″ East to the location on Mean High Water Springs closest to 34°26′45.00″ South, 137°24′59.26″ East;

unit entitlement, in relation to a licence in respect of the Blue Crab Fishery or a marine scalefish fishery and a blue crab fishing zone, means the number of blue crab units for the time being allocated to the licence in respect of that zone;

unit value means the number of kilograms of blue crab determined by the Minister to be the value of a blue crab unit for a blue crab fishing zone and a quota period.

(2) In these regulations, unless the contrary intention appears, company, director, proprietary company and public company have the same respective meanings as in the Corporations Act.

(3) In these regulations—

(a) all lines in spatial descriptions are geodesics based on the Geocentric Datum of Australia 1994 (GDA94) as defined in the Commonwealth of Australia Gazette GN35 of 6 September 1995, and all coordinates are expressed in terms of GDA94;

(b) common and scientific fish names are given according to AS:SSA 001 Australian Fish Names Standard published by Seafood Services Australia in July 2007, as amended from time to time;

(c) a reference to the taking of aquatic resources includes a reference to an act preparatory to or involved in the taking of the aquatic resources.

4—Constitution of fishery

(1) The Blue Crab Fishery is constituted.

(2) The fishery consists of the taking, in the waters of the blue crab fishing zones—

(a) of aquatic resources specified in Schedule 1 Part 1; and

(b) of aquatic resources specified in Schedule 1 Part 2 for the purpose of bait.

(3) The Minister may impose a condition on a licence in respect of the fishery that limits the holder of the licence to the taking of aquatic resources in the waters of the Gulf St. Vincent Blue Crab Fishing Zone or the Spencer Gulf Blue Crab Fishing Zone.

5—Issue of licences

(1) Subject to this regulation, the Minister may issue licences in respect of the fishery.

(2) An application for a licence in respect of the fishery may only be made by a person who holds a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a blue crab quota entitlement.

(3) The Minister may only grant an application for a licence in respect of the fishery—

(a) if the applicant's licence in respect of the Marine Scalefish Fishery has been surrendered; and

(b) if a boat registered for use under that licence is the subject of, is registered for use under, or is otherwise referred to in, a licence, permit, authority or other entitlement to take aquatic resources granted under a law of the Commonwealth or a corresponding law—that entitlement has also been surrendered.



6—Transfer of licence

(1) Licences in respect of the fishery are transferable.

(2) An application for consent to the transfer of a licence must be accompanied by—

(a) the licence to be transferred; and

(b) a form of return as required by regulation 12 completed by the holder of the licence up to the date of application; and

(c) if the transferee is a company—a current company extract relating to the transferee issued not more than 1 month immediately preceding the date of application.

(3) The Minister may only consent to the transfer of a licence if satisfied as to the following:

(a) that any fees or other amounts payable in relation to the licence under the Act or the repealed Act have been paid in full;

(b) that the licence to be transferred has not been suspended;

(c) that no proceedings alleging an offence against the Act or the repealed Act are pending or likely to be commenced in the State against the holder of the licence;

(d) if the transferee is a natural person, that the transferee is at least 15 years of age and is a fit and proper person to hold a licence in respect of the fishery;

(e) if the transferee is a company, that each director of the company is a fit and proper person to be a director of a company that holds a licence in respect of the fishery;

(f) if a boat registered for use under the licence is the subject of, is registered for use under, or is otherwise referred to in, a licence, permit, authority or other entitlement to take aquatic resources granted under a law of the Commonwealth or a corresponding law—

(i) that the entitlement is either to be transferred together with the licence to the transferee or to be surrendered on or before the transfer of the licence; or

(ii) that—

(A) the transfer of the licence separately from the entitlement is not likely to result in fishing activities that over exploit or endanger the aquatic resources of the State; and

(B) the person or body that granted the entitlement concurs with the separate transfer of the licence.

7—Registration

An application by the holder of a licence in respect of the fishery—

(a) to register a boat or device for use under the licence; or

(b) to register a person as a master of a boat that may be used under the licence,

must be accompanied by the documents specified in the application form.

8—Revocation of registration

(1) The Minister may, on application by the holder of a licence in respect of the fishery, revoke the registration of—

(a) a boat or device used under the licence; or

(b) a person as a master of a boat that may be used under the licence.

(2) An application for revocation of registration must—

(a) be made in a manner and form approved by the Minister; and

(b) be signed by the applicant and completed in accordance with the instructions contained in the form; and

(c) be accompanied by the documents specified in the application form.



9—Blue crab pot entitlements and carriage of crab pots on boats

(1) The Minister must, on or before the commencement of each quota period, determine the conversion value for a blue crab fishing zone and the quota period.

(2) The Minister may impose or vary conditions on licences in respect of the fishery fixing blue crab pot entitlements as follows:

(a) on the issue of a licence in respect of the fishery, a condition must be imposed on the licence fixing a blue crab pot entitlement calculated in accordance with the formula set out in subregulation (3);

(b) on the variation of a blue crab quota entitlement under a licence in respect of the fishery, the conditions of the licence must be varied so that the blue crab pot entitlement under the licence, as calculated in accordance with the formula set out in subregulation (3), reflects the variation in the unit entitlement under the licence;

(c) blue crab pot entitlements must not be varied except as provided by this subregulation.

(3) For the purposes of subregulation (2), the formula for calculating the blue crab pot entitlement under a licence is as follows:

where—


A is the blue crab pot entitlement expressed as a whole number (a number having a fraction of half or more being rounded up to the next whole number);

B is the unit entitlement under the licence;

C is the conversion value for the blue crab fishing zone to which the unit entitlement under the licence relates.

(4) The Minister may impose conditions on licences in respect of the fishery limiting the number of crab pots that may be carried on boats and otherwise regulating the carrying of crab pots used for fishing activities under the licences.



10—Individual blue crab catch quota system

(1) The Minister must, on or before the commencement of each quota period, determine the number of kilograms of blue crab that is to be the value of a blue crab unit for a blue crab fishing zone and the quota period.

(2) The Minister may impose or vary conditions on licences in respect of the Blue Crab Fishery or a marine scalefish fishery fixing blue crab quota entitlements as follows:

(a) on the issue of a licence in respect of the Blue Crab Fishery (a new licence), the licence may be allocated a number of blue crab units in respect of a blue crab fishing zone equal to the number of blue crab units in respect of that zone that was, immediately before the surrender of the licence in respect of the Marine Scalefish Fishery held by the applicant for the new licence, the subject of a condition of the licence in respect of the Marine Scalefish Fishery;

(b) on joint application made to the Minister by the holders of any 2 licences in respect of the Blue Crab Fishery subject to a condition fixing a blue crab quota entitlement in respect of the same blue crab fishing zone, the conditions of the licences may be varied so as to increase the unit entitlement in respect of that zone under 1 of the licences and decrease the unit entitlement in respect of that zone under the other licence by a corresponding number of units;

(c) on joint application made to the Minister by the holder of a licence in respect of the Blue Crab Fishery subject to a condition fixing a blue crab quota entitlement in respect of a particular blue crab fishing zone (the first licence) and the holder of a licence in respect of a marine scalefish fishery subject to a condition fixing a blue crab quota entitlement in respect of the same zone (the second licence)—

(i) the conditions of the first licence may be varied so as to decrease the unit entitlement under that licence in respect of that zone and the conditions of the second licence may be varied so as to increase the unit entitlement under that licence in respect of that zone by a corresponding number of units; or

(ii) the conditions of the first licence may be varied so as to increase the unit entitlement under that licence in respect of that zone and the conditions of the second licence may be varied so as to decrease the unit entitlement under that licence in respect of that zone by a corresponding number of units;

(d) on joint application made to the Minister by the holder of a licence in respect of the Blue Crab Fishery subject to a condition fixing a blue crab quota entitlement in respect of a particular blue crab fishing zone (the first licence) and the holder of a licence in respect of a marine scalefish fishery not subject to a condition fixing a blue crab quota entitlement (the second licence)—

(i) the conditions of the first licence may be varied so as to decrease the unit entitlement under that licence in respect of that zone; and

(ii) a corresponding number of units may be allocated to the second licence and a condition fixing a blue crab quota entitlement in respect of that zone may be imposed on that licence;

(e) if the total catch of blue crab taken by the holder of a licence in respect of the Blue Crab Fishery during a quota period exceeded the blue crab quota entitlement under the licence for that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement—

(i) if the catch exceeded the quota entitlement by not more than 20 kilograms of blue crab—by 1 kilogram for each kilogram taken in excess of the quota entitlement; or

(ii) if the catch exceeded the quota entitlement by more than 20 kilograms but not more than 50 kilograms of blue crab—by 2 kilograms for each kilogram taken in excess of the quota entitlement;

(f) if—

(i) the holder of a licence in respect of the fishery is convicted of an offence of contravening a condition of the licence fixing a blue crab quota entitlement; and



(ii) the conduct constituting the offence involved the taking of more than 50 kilograms of blue crab in excess of the quota entitlement,

the conditions of the licence may be varied so as to reduce the blue crab quota entitlement under the licence for 3 quota periods following the conviction by 1 kilogram for each kilogram taken in excess of the quota entitlement for the quota period during which the offence was committed;

(g) a variation of a quota entitlement under paragraph (e) must be expressed to apply only for the quota period during which the variation is made.

(3) An application to vary unit entitlements must—

(a) be made in a manner and form approved by the Minister; and

(b) be signed by the applicants and completed in accordance with the instructions contained in the form; and

(c) be accompanied by the appropriate fee fixed by the Fisheries Management (Fees) Regulations 2007.

11—Catch and disposal records

(1) In this regulation—

CDR book means a book issued by the Department containing blank forms BSCF1;

form BSCF1 means the document produced by the Department entitled BSCF1 Primary Industries (S.A.) Fisheries Blue Crab Catch and Disposal Record.

(2) The holder of a licence in respect of the fishery or registered master of a boat from which blue crab is taken under such a licence must comply with the following provisions:

(a) immediately on landing blue crab taken under the licence he or she must weigh the crabs on accurate scales and complete Part A of form BSCF1 using a blue or black ballpoint pen;

(b) he or she must cause the crabs to which the completed Part A of that form relates to be transported to the registered premises of the registered fish processor specified on the form, together with the white, blue and green copies of the completed form;

(c) he or she must complete forms BSCF1 in consecutive ascending order and complete all forms in a CDR book before commencing to use a new CDR book;

(d) he or she must ensure that the yellow copies of forms BSCF1 and the CDR book are kept on board the registered boat until the CDR book is completed;

(e) he or she must deliver a completed CDR book to the Minister within 14 days of its completion.

(3) If a provision of subregulation (2) is not complied with, the holder of the licence is guilty of an offence.

Maximum penalty: $5 000.

12—Periodic returns

(1) The holder of a licence in respect of the fishery must—

(a) complete a return, in a form determined by the Minister, in respect of each calendar month during the currency of the licence; and

(b) include in the return such information as the Minister requires; and

(c) date and sign the return and certify that the information contained in the return is complete and accurate, and post or deliver the return to the Minister within 15 days of the end of the month to which it relates.

Maximum penalty: $5 000.

Expiation fee: $315.

(2) If the holder of a licence takes no aquatic resources during a particular calendar month, he or she is required by subregulation (1) to furnish a return in respect of that period indicating that no aquatic resources were taken.

(3) If the fishery has been closed for a whole calendar month, the holder of a licence need not furnish a return for that month.

(4) The holder of a licence must—

(a) make a copy of each return that he or she completes under this regulation before the return is sent or delivered to the Minister; and

(b) retain a copy for the period of 1 year from the last day of the month to which the return relates.

Maximum penalty: $5 000.

Expiation fee: $315.

Schedule 1—Aquatic resources prescribed for Blue Crab Fishery



1   2   3   4   5   6   7   8   9   10   ...   13


The database is protected by copyright ©essaydocs.org 2016
send message

    Main page