57
No. 156 2077 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, 28 OCTOBER 1999 CONTENTS Page Appointments, Resignations, Etc. ........................................................................................2078 Corporations and District Councils—Notices ....................................................................2129 Development Act 1993—Notices..........................................................................................2079 Fisheries Act 1982—Notices ...............................................................................................2080 Geographical Names Act 1991—Notices ...........................................................................2103 Harbors and Navigation Act 1993—Notice .........................................................................2109 Housing Improvement Act 1940—Notices...........................................................................2107 Land and Business (Sale and Conveyancing) Act 1994— Notices .............................................................................................................................2109 Liquor Licensing Act 1997—Notices...................................................................................2109 Mining Act 1971—Notices ...................................................................................................2113 National Parks and Wildlife Act 1972—Notice ....................................................................2114 Partnership Act 1891—Notice..............................................................................................2132 Port Augusta Circuit Court—Notice....................................................................................2079 Private Advertisements..........................................................................................................2130 Proclamation..........................................................................................................................2078 Public Trustee Office—Administration of Estates...............................................................2130 Page Radiation Protection and Control Act 1982—Notice...........................................................2114 REGULATIONS Veterinary Surgeons Act 1985 (No. 208 of 1999) ..........................................................2115 Primary Industry Funding Schemes Act 1998 (No. 209 of 1999) ........................................................................................................2117 Livestock Act 1997 (No. 210 of 1999) ..............................................................................2120 Plumbers, Gas Fitters and Electricians Act 1995 (No. 211 of 1999) ........................................................................................................2121 Public Corporations Act 1993— (No. 212 of 1999) ........................................................................................................2122 (No. 213 of 1999) ........................................................................................................2123 Senior Secondary Assessment Board of South Australia Act 1983 (No. 214 of 1999) .........................................................................................2124 Water Resources Act 1997 (No. 215 of 1999) ...............................................................2127 Roads (Opening and Closing) Act 1991—Notices ............................................................2114 Sale of Property—Notice ......................................................................................................2132 South Australian Classification Council—Notice ...............................................................2080 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: [email protected] . 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.

GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

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Page 1: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

No. 156 2077

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, 28 OCTOBER 1999

CONTENTS

Page

Appointments, Resignations, Etc. ........................................................................................2078Corporations and District Councils—Notices....................................................................2129Development Act 1993—Notices..........................................................................................2079Fisheries Act 1982—Notices...............................................................................................2080Geographical Names Act 1991—Notices...........................................................................2103Harbors and Navigation Act 1993—Notice.........................................................................2109Housing Improvement Act 1940—Notices...........................................................................2107Land and Business (Sale and Conveyancing) Act 1994—

Notices.............................................................................................................................2109Liquor Licensing Act 1997—Notices...................................................................................2109Mining Act 1971—Notices...................................................................................................2113National Parks and Wildlife Act 1972—Notice....................................................................2114Partnership Act 1891—Notice..............................................................................................2132Port Augusta Circuit Court—Notice....................................................................................2079Private Advertisements..........................................................................................................2130Proclamation..........................................................................................................................2078Public Trustee Office—Administration of Estates...............................................................2130

Page

Radiation Protection and Control Act 1982—Notice...........................................................2114REGULATIONS

Veterinary Surgeons Act 1985 (No. 208 of 1999) ..........................................................2115Primary Industry Funding Schemes Act 1998

(No. 209 of 1999) ........................................................................................................2117Livestock Act 1997 (No. 210 of 1999)..............................................................................2120Plumbers, Gas Fitters and Electricians Act 1995

(No. 211 of 1999) ........................................................................................................2121Public Corporations Act 1993—

(No. 212 of 1999) ........................................................................................................2122(No. 213 of 1999) ........................................................................................................2123

Senior Secondary Assessment Board of South AustraliaAct 1983 (No. 214 of 1999).........................................................................................2124

Water Resources Act 1997 (No. 215 of 1999) ...............................................................2127Roads (Opening and Closing) Act 1991—Notices............................................................2114Sale of Property—Notice......................................................................................................2132South Australian Classification Council—Notice...............................................................2080

GOVERNMENT GAZETTE NOTICES

ALL poundkeepers' and private advertisements forwarded for publication in the South Australian Government Gazette must be PAIDFOR PRIOR TO INSERTION; and all notices, from whatever source, should be legibly written on one side of the paper only and sentto Riverside 2000 so as to be received no later than 4 p.m. Tuesday preceding the day of publication. Phone 8207 1045or Fax 8207 1040. E-mail: [email protected]. Send as attachments in Word format and please confirm yourtransmission with a faxed copy of your document, including the date the notice is to be published and to whom the notice will becharged.

Page 2: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

2078 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

CROWN LANDS ACT 1929 SECTION 5AA(1)(c): TOWN OFMENINGIE, HUNDRED OF BONNEYDEDICATEDLAND RESUMED

Proclamation By The Governor(L.S.) E. J. NEAL

Preamble1. The following land is dedicated as a site for school buildings,

to be erected by the Minister Controlling Education (see Gazette16 August 1888 p. 381):

Allotments 86 and 87, Town of Meningie, Hundred ofBonney, being the whole of the land contained in Land GrantRegister Book Volume 528 Folio 82.

2. The registered proprietor of the land has requested theresumption of the land.

ProclamationPURSUANT to section 5AA(1)(c) of the Crown Lands Act 1929and with the advice and consent of the Executive Council, Iresume the land defined in the preamble to this proclamation.

Given under my hand and the Public Seal of South Australia, atAdelaide, 28 October 1999.

By command,

IAIN EVANS, for Premier

MEH 72/99 CS

Department of the Premier and CabinetAdelaide, 28 October 1999

HIS Excellency the Governor in Executive Council has beenpleased to appoint the undermentioned to the OccupationalHealth, Safety and Welfare Advisory Committee, pursuant to theprovisions of the Occupational Health, Safety and Welfare Act1986:

Member: (from 28 October 1999 until 27 August 2001)Matthew Gerard O’CallaghanMichael Gerard SmithHelen O’ConnorEmmy FonteynDavid Neville FrithJohn WhiteRob EdwardsMark Anthony RogersMarion Pocock

Presiding Member: (from 28 October 1999 until 27 August2001)

Matthew Gerard O’Callaghan

By command,

IAIN EVANS, for Premier

MGE 084/99CS

Department of the Premier and CabinetAdelaide, 28 October 1999

HIS Excellency the Governor in Executive Council has beenpleased to appoint the undermentioned to the Board of the RoyalZoological Society of South Australia Inc., pursuant to theprovisions of the Associations Incorporation Act 1985:

Member: (from 28 October 1999 until 30 June 2001)Mark Hamilton Hender

By command,

IAIN EVANS, for Premier

MEH 74/99CS

Department of the Premier and CabinetAdelaide, 28 October 1999

HIS Excellency the Governor in Executive Council has beenpleased to appoint the undermentioned to the Board ofExaminers for Mine Managers, pursuant to the provisions of theMines and Works Inspection Act 1920 and Regulations:

Member: (from 28 October 1999 until 27 October 2002)Robert Wayne FarleyMichael David O’BrienMark Andrew Van LeuvenJosephine Jane Coker

By command,

IAIN EVANS, for Premier

MPNR 058/99CS

Department of the Premier and CabinetAdelaide, 28 October 1999

HIS Excellency the Governor in Executive Council has beenpleased to appoint the Honourable John Wayne Olsen, FNIA,MP, Premier, Minister for State Development and Minister forMulticultural Affairs to be also Acting Treasurer for the period 28October 1999 to 14 November 1999, during the absence of theHonourable Robert Ivan Lucas, BSc, BEc, MBA, MLC.

By command,

IAIN EVANS, for Premier

DT&F 089/99CS

Department of the Premier and CabinetAdelaide, 28 October 1999

HIS Excellency the Governor in Executive Council has beenpleased to appoint Neil Andrew Bray as Valuer-General from1 November 1999 for a period of 5 years, pursuant to 6 (1) ofthe Valuation of Land Act 1971.

By command,

IAIN EVANS, for Premier

MAS 022/99CS

Department of the Premier and CabinetAdelaide, 28 October 1999

HIS Excellency the Governor in Executive Council has beenpleased to appoint Lewis Owens as the Independent IndustryRegulator for a term of 6 years from 1 January 2000, pursuant tosection 8 of the Independent Industry Regulator Act 1999.

By command,

IAIN EVANS, for Premier

DPC 048/99CS

Department of the Premier and CabinetAdelaide, 28 October 1999

HIS Excellency the Governor in Executive Council has beenpleased to appoint Neill Frederick Wallman as a part-timeCommissioner of the Environment, Resources and DevelopmentCourt for a period of five years, pursuant to section 10 of theEnvironment, Resources and Development Court Act 1993.

By command,

IAIN EVANS, for Premier

ATTG 62/93CS

Page 3: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2079

PORT AUGUSTA CIRCUIT COURT

Sheriff’s Office, Adelaide, 28 October 1999

IN pursuance of a precept from the Supreme Court to medirected, I do hereby give notice that the said Court will sit as aCourt of Oyer and Terminer and Gaol Delivery on Monday, 1November 1999 at the Courthouse at Port Augusta at 10 a.m. andall parties bound to prosecute and give evidence and all jurorssummoned and all others having business at the said Court arerequired to attend the sittings thereof. In accordance with Rulesof the Supreme Court made by the Judges as amended, the orderof business will be, unless a Judge otherwise orders, as follows:

Monday, 1 November 1999, at 10 a.m. the first day of thesittings the only business taken will be the arraignment ofprisoners in gaol and the passing of sentences on prisoners in gaolcommitted for sentence; the surrender of prisoners on bailcommitted for sentence; the surrender of persons in response toex officio informations or of persons on bail and committed fortrial who have signified their intention to plead guilty and thepassing of sentences.

Juries will be summoned for and persons will be tried on this andsubsequent days of the sittings.

Prisoners in HM Gaol and on bail for sentence and for trial at thesittings of the Port Augusta Courthouse, commencing 1November 1999.Helmers, Megan Kate Breach of bond; abduction

of a child by force or fraud—

Johnson, Trevor Eric Attempted murder;wounding with intent to do

grievous bodily harm

On bail

Tjami, Jonathon Murder In gaol

Prisoners on bail must surrender at 10 a.m. of the dayappointed for their respective trials. If they do not appear whencalled upon their recognizances and those of their bail will beestreated and a bench warrant will be issued forthwith.

By order of the Court,

J. A. CARR, Sheriff

DEVELOPMENT ACT 1993, SECTION 27 (1): CITY OFUNLEY—DEVELOPMENT PLAN FORMAT REVIEWPLAN AMENDMENT

PreambleThe Minister for Transport and Urban Planning has approved

the amendment entitled ‘City of Unley—Development PlanFormat Review Plan Amendment’ (the Plan Amendment) andhas 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 ExecutiveCouncil, declare the Plan Amendment to be an authorised PlanAmendment and fix 28 October 1999 as the day on which it willcome into operation.

Dated 28 October 1999.

E. J. NEAL, Governor

MTUP-PL 25/99CS

DEVELOPMENT ACT 1993, SECTION 27 (1): CITY OFPORT ADELAIDE ENFIELD—LOCAL AREA BIKE PLANPLAN AMENDMENT

PreambleThe Minister for Transport and Urban Planning has approved

the amendment entitled ‘City of Port Adelaide Enfield—LocalArea Bike Plan Plan Amendment’ (the Plan Amendment) andhas 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 ExecutiveCouncil, declare the Plan Amendment to be an authorised PlanAmendment and fix 28 October 1999 as the day on which it willcome into operation.

Dated 28 October 1999.

E. J. NEAL, Governor

MTUP-PL 47/99CS

DEVELOPMENT ACT 1993, SECTION 27 (1): CITY OFPROSPECT—MINOR AMENDMENTS PLAN AMEND-MENT

PreambleThe Minister for Transport and Urban Planning has approved

the amendment entitled ‘City of Prospect—Minor AmendmentsPlan Amendment’ (the Plan Amendment) and has referred it tothe Governor.

NOTICE

PURSUANT to section 27 (1) of the Development Act 1993, I,the Governor with the advice and consent of the ExecutiveCouncil, declare the Plan Amendment to be an authorised PlanAmendment and fix 28 October 1999 as the day on which it willcome into operation.

Dated 28 October 1999.

E. J. NEAL, Governor

MTUP-PL 45/99CS

DEVELOPMENT ACT 1993, SECTION 27 (1): CORPORA-TION OF THE TOWN OF GAWLER—OUTDOORADVERTISING PLAN AMENDMENT

PreambleThe Minister for Transport and Urban Planning has approved

the amendment entitled ‘Corporation of the Town of Gawler—Outdoor Advertising 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 ExecutiveCouncil, declare the Plan Amendment to be an authorised PlanAmendment and fix 28 October 1999 as the day on which it willcome into operation.

Dated 28 October 1999.

E. J. NEAL, Governor

MTUP-PL 34/99CS

DEVELOPMENT ACT 1993, SECTION 27 (1): CITY OFMOUNT GAMBIER—HERITAGE PLAN AMENDMENT

PreambleThe Minister for Transport and Urban Planning has approved

the amendment entitled ‘City of Mount Gambier—Heritage PlanAmendment’ (the Plan Amendment) and has referred it to theGovernor.

NOTICE

PURSUANT to section 27 (1) of the Development Act 1993, I,the Governor with the advice and consent of the ExecutiveCouncil, declare the Plan Amendment to be an authorised PlanAmendment and fix 28 October 1999 as the day on which it willcome into operation.

Dated 28 October 1999.

E. J. NEAL, Governor

MTUP-PL 56/98CS

Page 4: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

2080 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

SOUTH AUSTRALIAN CLASSIFICATION COUNCIL

TAKE notice that the South Australian Classification Council has considered the films described in the Schedule hereto and hasclassified them pursuant to section 16 of the Classification (Publications, Films and Computer Games) Act 1995, as follows:

1. The films in the Schedule which have the letter G appearing in the column headed ‘Classification’ opposite its title are filmswhich the Council has classified as suitable for General Exhibition.

2. T he films in the Schedule which have the letters PG appearing in the column headed ‘Classification’ opposite its title are filmswhich the Council has classified as requiring Parental Guidance.

3. The films in the Schedule which have the letter M appearing in the column headed ‘Classification’ opposite its title are filmswhich the Council has classified as recommended for Mature Audiences 15 years and over.

4. The films in the Schedule which have the letters MA appearing in the column headed ‘Classificat ion’ opposite its title are filmswhich the Council has classified as having Restrictions Applying to Persons Under 15 years.

5. The films in the Schedule which have the letter R appearing in the column headed ‘Classification’ opposite its title are filmswhich the Council has classified as Restricted to Adults 18 years and over.

6. The films in the Schedule which have the letters RC appearing in the column headed ‘Classification’ opposite its title are filmswhich the Council has classified as Refused Classification.

Note: The Classification (Publications, Films and Computer Games) Act 1995 provides:

(1) The following conditions are imposed in relation to every MA classified film:

(a) A person must not exhibit in a public place a film classified MA if—

(i) a minor under 15 is present during any part of the exhibition; and

(ii) the minor is not accompanied by his or her parent or guardian.

(b) A person must not sell or deliver to a minor a film classified MA unless the person is a parent or guardian of theminor.

(2) The following conditions are imposed in relation to every R classified film:

(a) A person must not exhibit in a public place a film classified R if a minor is present during any part of the exhibition;

(b) A person must not sell or deliver to a minor a film classified R unless the person is a parent or guardian of the minor.

W. CHAPMAN, Registrar, South Australian Classification Council

Title Director Distributor Classification

Wild Wild West B. Sonnenfeld Roadshow Film Distributors Pty Ltd M

FISHERIES ACT 1982

MARINE MOLLUSC FARMING LICENCE FM00029(PREVIOUS LICENCE NO. F526)

Licence to Farm Fish under section 53 of the FisheriesAct 1982

WHEREAS the Director of Fisheries has, pursuant to section50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit tothe undermentioned licensee to release the fish specified inItem 1 of Schedule 2 of this licence (‘the permitted species’) and,pursuant to section 48G (2) of the Act, the Director of Fisherieshas also issued a permit to disturb the seabed for the purpose ofinstalling structures necessary for the licensed activity at theundermentioned site, the Minister for Primary Industries, NaturalResources and Regional Development (‘the Minister’) herebygrants to:

Christine J. Jobst (13019)76 Wells StreetStreaky Bay, S.A. 5680,

a non-exclusive licence to occupy and use the waters specified inItem 1 of Schedule 1 of this licence (‘the site’) for the purpose offarming and taking the permitted species (‘the permitted use’) forthe period commencing on 1 July 1999 and ending, subject to anyearlier termination under this licence, on 30 June 2000 (‘theterm’) subject to the following terms and conditions.

CONDITIONS OF T HIS LICENCE1. Licence

The parties acknowledge and agree that:

1.1 the rights, powers and privileges granted to or vested inthe licensee under this licence are contractual only andshall 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 exclusiverights of entry to and occupation of the site and thatthe rights granted by this licence are exercisable by thelicensee in common with any other occupiers of the sitefrom time to time.

2. Marked-off AreasFor the purposes of section 53A of the Fisheries Act 1982, the

marked-off areas within the site is that area or those areasmarked-off or indicated in the manner set out in Item 2 ofSchedule 1 of this licence.

3. Permitted SpeciesThe licensee:

3.1 must not farm or introduce any species at the site otherthan the permitted species; and

3.2 must not take any wild fish from the site except forrecreational purposes.

4. Permitted UseThe licensee must not use the site for any purpose other than

the permitted use.

5. Permitted MethodsThe licensee:

5.1 must not stock the permitted species at a rate greaterthan 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 therapeuticor prophylactic purpose except with the prior approvalof the Minister;

Page 5: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2081

5.4 must apply the permitted farming methods set out inItem 2 of Schedule 2 of this licence.

6. Marking and Maintaining the SiteThe licensee:

6.1 must ensure that the site is maintained in a good, tidyand safe condition to the satisfaction of the Minister;

6.2 must remove and lawfully dispose of any waste or debrison the site as soon as is reasonably practicable and inparticular must comply with any guidelines issued fromtime to time by the Minister in relation to the removalfrom the site of any unhealthy or dead fish;

6.3 must maintain all buoys, crosses, and markers on the sitein good condition and in accordance with the coloursspecified in Schedule 1 of this licence; and

6.4 must mark the site boundary in accordance with thespecifications in Schedule 1 of this licence.

7. Site Inspection and SupervisionThe licensee:

7.1 must at all times permit the Minister, his employees,agents or contractors or any employees, agents orcontractors of the Crown to enter the site for thepurposes of inspecting the site, the sea floor and theflora and fauna on or in the vicinity of the site; and

7.2 must comply with all reasonable directions of any suchperson authorised by the Director of Fisheries to inspectthe conduct of the licensee’s activities at the site.

8. Fees and ReturnsThe licensee:

8.1 must pay to the Minister the licence fee in accordancewith Item l of Schedule 3 of this licence;

8.2 must on or before 31 January and 31 July during theterm, submit to the Minister a return supplying all ofthe information described in Schedule 4 of this licence.

9. Compliance With Relevant Laws9.1 the licensee must at all times comply with all laws, by-

laws or regulations in force which relate to the site orthe activities conducted in the site and with all notices,orders or requirements lawfully given or made by anyauthority or authorities in respect of the site;

9.2 in particular, without derogating from the generalrequirement under condition 9 of this licence:

9.2.1 the licensee must not do or permit to be done inupon or about the site anything which in theopinion of the Minister would cause or contributeto the degradation or pollution of any coastalland or the surrounding marine environment; and

9.2.2 in the event that the Minister is satisfied, onreasonable grounds, that the fish taken from thewaters are not fit for human consumption or thatconsumption of fish taken from the waters couldpresent a danger to the health of the consumer,the licensee must, in accordance with a writtennotice from the Minister, cease or suspend theconduct of the permitted use or else conduct thepermitted use as directed within the notice.

10. Public Risk LiabilityThe licensee must at all times indemnify the Minister, his

officers, employees, contractors and agents from and against allclaims, demands, actions, judgments, proceedings, damages, losses,costs, charges and expenses in respect of any loss of life, personalinjury and/or damage to property caused or suffered in anymanner in or about the site.

11. ReleaseThe licensee must use and keep the site at the risk in all things

of the licensee and the licensee must release to the full extentpermitted by law the Minister, his agents, contractors andservants in the absence of any wilful act, omission, default or

neglect on their part from all claims and demands of every kindresulting from any accident damage or injury to persons orproperty occurring at the site, including loss or damage to thelicensee’s fixtures or personal property of the licensee.

12. Public Risk InsuranceThe licensee shall at its own cost and expense during the term

effect and keep in full force and effect in respect of the site andthe permitted use a policy of public risk insurance in the jointnames of the licensee and the Minister in which the limits ofpublic risk shall not be less than the amount specified in Item 2 ofSchedule 3 of this licence, or such further amount as the Ministermay from time to time reasonably require, as the amount whichmay be paid out in respect of any one single claim and a policy ofinsurance or copy thereof or a certificate of insurance shall beproduced by the licensee to the Minister on request in writingbeing made by the Minister for its production.

13. Guarantee or Indemnity SchemeThe licensee must either:

13.1 provide a guarantee from its bankers; or

13.2 contribute to an indemnity scheme established forthe aquaculture and fisheries industry and approved bythe Minister,

to and in favour of and for the benefit of the Minister by way ofsecurity for the due and punctual performance by the licensee ofthe terms and conditions of this licence and in particular theobligations of the licensee to rehabilitate the site immediatelyprior to the expiration or sooner determination of the term ofthis licence. Such guarantee or indemnity scheme must haveeffect from the date of commencement of the term.

14. No AssignmentThe licensee acknowledges that this licence is personal and it

must not assign or sublet or deal in any other way with anyinterest in this licence.

15. Default by Licensee and TerminationThe Minister may terminate this licence immediately by notice

in writing served on the licensee if:

15.1 the licensee commits or permits any breach ordefault of the obligations imposed on the licensee bythis licence, and following the giving by the Ministerof written notice of such breach or default, thelicensee either fails to rectify such breach or defaultwithin one calendar month of the date of such notice(or earlier if the circumstances require) or fails tomake diligent progress towards rectifying any suchbreach which is incapable of rectification within thetime so limited; or

15.2 the licensee commits or permits any further breachor default of the obligations imposed on the licenseeby this licence for which the Minister has previouslygiven notice in writing of such breach or defaultpursuant to paragraph 1 of condition 15.1 notwith-standing rectification of the previous breach ordefault; or

15.3 the licence fee referred to in condition 8 is unpaidfor a period of 14 days after notice has been given tothe licensee that it is outstanding; or

15.4 if the licensee is a body corporate, any of thefollowing occur:

15.4.1 the licensee is unable to pay its debts as andwhen they fall due or is otherwise insolvent;

15.4.2 an order is made for the winding up orliquidation of the licensee;

15.4.3 the licensee enters into a scheme ofarrangement, compromise, moratorium orother form of composition with its creditorsor any class of its creditors;

15.4.4 a receiver, a manager or a receiver andmanager, a company administrator or otherinsolvency administrator is appointed to thelicensee; or

Page 6: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

2082 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

15.4.5 a mortgagee, chargee or other encum-brancee is appointed over or takespossession of or appoints an agent to takepossession of all or any of the licensee’sassets; or

15.5 if the licensee is an individual, the licensee:

15.5.1 becomes bankrupt or assigns its estate orenters into a deed of arrangement or otherform of composition for the benefit of thelicensee’s creditors; or

15.5.2 is convicted of an indictable offence.

Termination of this licence by the Minister shall bewithout prejudice to any rights, remedies or actionsthat the Minister may have against the licensee inrespect of any antecedent breach by the licensee ofthe terms and conditions contained in this licence.

16. InterpretationSubject to any inconsistency of subject or context, the

following rules of construction shall be used in the interpretationof this licence:

16.1 any word importing the plural includes the singularand vice versa ;

16.2 any wording importing a gender shall include allother genders;

16.3 a reference to a body corporate shall include anatural person and vice versa ;

16.4 a reference to a recital, party, clause, Schedule orAnnexure is a reference to a recital, party, clause,Schedule or Annexure of this licence;

16.5 the captions, headings, section numbers and clausenumbers appearing in this licence are inserted only asa matter of convenience and in no way affect theconstruction of this licence;

16.6 a reference to a statute shall include all statutesamending, consolidating or replacing the statutesreferred to;

16.7 where two or more persons are named as licensees,this licence shall bind the licensees jointly and each ofthem severally; and

16.8 time is of the essence in respect of any obligationrelating to time in this licence.

17. DelegationAny consent, notice, any consultation or any other thing

which is pursuant to the terms of this licence either required to begiven, done or performed or which may be given, done orperformed by the Minister may for the purposes of this licence beproperly given, done or performed by any duly authorised agentor employee of the Minister.

18. SeveranceIf any term or condition of this licence should be for any

reason unlawful, void, invalid or unenforceable then the offendingterm or condition shall be severed from this licence withoutaffecting the validity or enforceability of the remainder of thislicence.

19. ModificationNo variation of or addition to any provision of this licence

shall be binding upon the Minister and the licensee unless suchvariation or addition is made in writing, signed by both theMinister and the licensee and expressed to be either supplementalto or in substitution for the whole or a part of this licence.

20. Waiver20.1 A waiver of any provision of this licence by the

Minister must both be in writing and be signed by theMinister or by persons duly authorised to execute sucha document on the Minister’s part.

20.2 No waiver by the Minister of a breach of a term orcondition contained in this licence shall operate as awaiver of any breach of the same or any other termor condition contained in this licence.

20.3 No forbearance, delay or indulgence by the Ministerin enforcing the provisions of this licence shallprejudice or restrict the rights of the Minister.

21. Notices

21.1 Notices may be served by delivering the samepersonally, by mail or facsimile transmission and shallbe:

21.1.1 in writing addressed to the Director ofFisheries, PIRSA, 16th Floor, 25 GrenfellStreet, Adelaide, S.A. 5000 (in the case ofthe Minister) and to the address of thelicensee set out above (in the case of thelicensee);

21.1.2 signed by or on behalf of the sender or by aperson duly authorised in that regard by thesender;

21.1.3 deemed to be duly served or made in thefollowing circumstances:

(a) if delivered, upon delivery;

(b) if sending by mail, upon posting;

(c) if sent by facsimile transmission, uponthe sender’s facsimile producing atransmission report that the facsimilewas satisfactorily sent in its entirety tothe addressee’s facsimile number,

but if delivery is not made before 5 p.m. onany day it shall be deemed to be received at9 a.m. on the next day in that place.

21.2 The Minister and the licensee may each vary theiraddress or facsimile number at any time by writtennotice.

Granted on behalf of the Minister by Director of Fisheries,delegate of the Minister, on 22 October 1999.

G. R. MORGAN, Director of Fisheries

The licensee hereby acknowledges and agrees to the terms andconditions of this licence.

Signed by the said C. J. JOBST

In the presence of: R. J. WHETSTONE, Witness

SCHEDULE 1

Item 1—The SiteArea applicable to this licence:

Licensed Area LicensedHectares

AGD 66Zone 53424411E 6374741N 10424614E 6374761N424336E 6374389N424132E 6374388N

All structures, equipment, buoys and flotations (except for thatrequired by the Department for Transport, Urban Planning andthe Arts) must be black, dark grey, dark blue, dark brown, or darkgreen coloured materials.

The boundary of the site to be marked either with:

(a) (1) At the corners with posts extending 900 mm abovemean high water springs. Such posts to be markedwith a St Andrews cross, each cross arm measuring900 mm from tip to tip, minimum width 75 mm.

(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 a200 mm strip of yellow retro-reflective tape.

(5) Between the corner posts at intervals not exceeding50 m, buoys not less than 300 mm in diameter.

(6) All buoys, posts, crosses and markers must bemaintained in good condition.

or

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28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2083

(b) (1) At each corner, yellow spar buoys with a StAndrews cross as a top mark placed at least900 mm above the buoy, cross arms 900 mm long x75 mm wide.

(2) The buoys and topmarks must all be colouredyellow and marked with a yellow retro-reflective asin (a) (4).

(3) All buoys, posts, crosses and markers must bemaintained in good condition.

When the site is in navigable water and possible danger tonavigation, lights must be placed on the top of each St Andrewscross that is located at each corner of the site and these lightsmust be yellow in colour and flashing once every 4 seconds andvisible over an arc of 360 degrees for a distance of at least onemile.

Item 2—Marked-Off Areas[Co-ordinates of developed areas within the site to be provided

by the licensee.]

White buoys of at least 12 inches in diameter must be placedaround the whole of the perimeter of the developed areas withinthe site at a distance of no less than 50 m from one another.

SCHEDULE 2

Item 1Permitted SpeciesThe Director of Fisheries has, pursuant to section 50 (2) of the

Act, issued a permit for the release of the fish specified in thisSchedule.

Native Oysters (Ostrea angasi)Pacific Oysters (Crassostrea gigas)

Item 2Permitted Farming MethodsThe Director of Fisheries has, pursuant to section 48G (2) of

the Act, issued a permit to disturb the seabed for the purpose ofinstalling the structures specified in this Schedule.

LonglinesEach unit must not exceed 100 m in length and 2 m in width,

and each unit must be at least 6 m from any other unit.

Item 3Stocking RatesOysters

Size (mm) Number per Hectare3 2 500 000

10 1 600 00020 1 100 00030 750 00040 500 00050 350 00060 200 00070 150 00080 100 000

SCHEDULE 3

Item 1—FeesAnnual licence fees are:

$ Fisheries Research and Development Corporation

Levy per hectare 10 at $12.50 each........................... 125.00Environmental Monitoring Program Fee per hectare

10 at $22.96 each ...................................................... 229.60Base Licence Fee per hectare 10 at $57 each................. 570.00SASQAP (Classified Area) per hectare 10 at $60 each... 600.00

Total Annual Licence Fee ............................... 1 524.60Quarterly Instalments.................................................... 381.15

Item 2—Public Risk InsuranceFive million dollars ($5 000 000).

SCHEDULE 4

ReturnsThe licensee must submit the following information to the

Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and31 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 stockacquired and date of acquisition (if relevant, include nameof authority that provided certification that stock wasfree from disease).

10. If any fish were brought into the state, the number offish and the life stage of the fish.

11. If fish were brought into the state, the purpose for whichthey were brought in.

12. Method of disposal of water and packaging use fortransporting the fish.

13. If any disease or symptom of disease occurred in theacquired fish.

14. Method of disposal of diseased or dead fish and thenumber disposed of.

15. Signature, date and telephone number.

16. Use of any chemicals for fish husbandry—type ofchemical and quantity used, purpose and date of use.

FISHERIES ACT 1982: SECTION 48G (2)

TAKE notice that pursuant to section 48G (2) of the FisheriesAct 1982, I hereby authorise Christine J. Jobst, 76 Wells Street,Streaky Bay, S.A. 5680 (hereinafter referred to as ‘the permitholder’) to disturb the seabed of the Site specified in Item 1 of theSchedule for the purpose only of installing the structures specifiedin Item 2 of the Schedule in accordance with Marine MolluscFarming Licence Number FM00029, (such structures not to beinstalled on the seabed itself) for the period commencing 1 July1999 and ending upon the expiration or earlier termination ofMarine Mollusc Farming Licence Number FM00029, issuedpursuant to section 53 of the Fisheries Act 1982.

SCHEDULE 1

Item 1—Location Co-ordinatesLicensed Area Licensed

HectaresAGD 66—Zone 53424411E 6374741N 10424614E 6374761N424336E 6374389N424132E 6374388N

Item 2—Structures to be InstalledLonglines

Each unit must not exceed 100 m in length and 2 m in width,and each unit must be at least 6 m from any other unit.

Dated 22 October 1999.

G. R. MORGAN, Director of Fisheries

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2084 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

FISHERIES ACT 1982: SECTION 50 (2)

TAKE notice that pursuant to section 50 (2) of the Fisheries Act1982, I hereby authorise Christine J. Jobst, 76 Wells Street,Streaky Bay, S.A. 5680 (hereinafter referred to as ‘permitholder’) to engage in the activities and to do the acts specified inSchedule 1, subject to the conditions specified in Schedule 2 fromthe date of this permit ending upon the expiration or earliertermination of Licence Number FM00029.

SCHEDULE 1The importation and release of Native Oysters, (Ostrea

angasi) and Pacific Oysters, (Crassostrea gigas) within the waterdefined by the following co-ordinates:

Licensed Area LicensedHectares

AGD 66—Zone 53424411E 6374741N 10424614E 6374761N424336E 6374389N424132E 6374388N

SCHEDULE 21. Fish obtained within South Australia for use in the fish farm

shall only be obtained from registered fish farmers, licensedfishers or other persons approved by the Director of Fisheries.

2. The permit holder shall not import any live fish (ova, fry oradult) into South Australia unless the shipment has certificationfrom an appropriate authority in the State from which they areobtained that they are free from all relevant notifiable diseaseslisted in Schedule 4 of the Fisheries (Exotic Fish, Fish Farmingand Fish Diseases) Regulations 1984.

3. Any oysters brought into South Australia must undergo asoakage process whereby they are completely submerged in freshwater for a period of not less than 2 hours before being placed inthe approved structures. Fresh water is deemed to be watersuitable for human consumption or horticultural or agriculturaluse.

4. The permit holder shall not contravene or fail to complywith the Fisheries Act 1982, or any regulations made under theAct, except where specifically permitted by this notice.

5. The permit holder must retain the copy of this permit whichhas been supplied by the Director of Fisheries, and if requested bya Fisheries and Aquaculture Officer, produce that permit forinspection.

Dated 22 October 1999.G. R. MORGAN, Director of Fisheries

FISHERIES ACT 1982

MARINE MOLLUSC FARMING LICENCE FM00058(PREVIOUS LICENCE NO. F714)

Licence to Farm Fish under section 53 of the FisheriesAct 1982

WHEREAS the Director of Fisheries has, pursuant to section50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit tothe undermentioned licensee to release the fish specified inItem 1 of Schedule 2 of this licence (‘the permitted species’) and,pursuant to section 48G (2) of the Act, the Director of Fisherieshas also issued a permit to disturb the seabed for the purpose ofinstalling structures necessary for the licensed activity at theundermentioned site, the Minister for Primary Industries, NaturalResources and Regional Development (‘the Minister’) herebygrants to:

A. M. Dorward and M. A. Retsas13 Hillside GrovePort Lincoln, S.A. 5606,

a non-exclusive licence to occupy and use the waters specified inItem 1 of Schedule 1 of this licence (‘the site’) for the purpose offarming and taking the permitted species (‘the permitted use’) forthe period commencing on 1 July 1999 and ending, subject to anyearlier termination under this licence, on 30 June 2000 (‘theterm’) subject to the following terms and conditions.

CONDITIONS OF T HIS LICENCE1. Licence

The parties acknowledge and agree that:

1.1 the rights, powers and privileges granted to or vested inthe licensee under this licence are contractual only andshall 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 exclusiverights of entry to and occupation of the site and thatthe rights granted by this licence are exercisable by thelicensee in common with any other occupiers of the sitefrom time to time.

2. Marked-off AreasFor the purposes of section 53A of the Fisheries Act 1982, the

marked-off areas within the site is that area or those areasmarked-off or indicated in the manner set out in Item 2 ofSchedule 1 of this licence.

3. Permitted SpeciesThe licensee:

3.1 must not farm or introduce any species at the site otherthan the permitted species; and

3.2 must not take any wild fish from the site except forrecreational purposes.

4. Permitted UseThe licensee must not use the site for any purpose other than

the permitted use.

5. Permitted MethodsThe licensee:

5.1 must not stock the permitted species at a rate greaterthan 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 therapeuticor prophylactic purpose except with the prior approvalof the Minister;

5.4 must apply the permitted farming methods set out inItem 2 of Schedule 2 of this licence.

6. Marking and Maintaining the SiteThe licensee:

6.1 must ensure that the site is maintained in a good, tidyand safe condition to the satisfaction of the Minister;

6.2 must remove and lawfully dispose of any waste or debrison the site as soon as is reasonably practicable and inparticular must comply with any guidelines issued fromtime to time by the Minister in relation to the removalfrom the site of any unhealthy or dead fish;

6.3 must maintain all buoys, crosses, and markers on the sitein good condition and in accordance with the coloursspecified in Schedule 1 of this licence; and

6.4 must mark the site boundary in accordance with thespecifications in Schedule 1 of this licence.

7. Site Inspection and SupervisionThe licensee:

7.1 must at all times permit the Minister, his employees,agents or contractors or any employees, agents orcontractors of the Crown to enter the site for thepurposes of inspecting the site, the sea floor and theflora and fauna on or in the vicinity of the site; and

7.2 must comply with all reasonable directions of any suchperson authorised by the Director of Fisheries to inspectthe conduct of the licensee’s activities at the site.

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28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2085

8. Fees and ReturnsThe licensee:

8.1 must pay to the Minister the licence fee in accordancewith Item l of Schedule 3 of this licence;

8.2 must on or before 31 January and 31 July during theterm, submit to the Minister a return supplying all ofthe information described in Schedule 4 of this licence.

9. Compliance With Relevant Laws9.1 the licensee must at all times comply with all laws, by-

laws or regulations in force which relate to the site orthe activities conducted in the site and with all notices,orders or requirements lawfully given or made by anyauthority or authorities in respect of the site;

9.2 in particular, without derogating from the generalrequirement under condition 9 of this licence:

9.2.1 the licensee must not do or permit to be done inupon or about the site anything which in theopinion of the Minister would cause or contributeto the degradation or pollution of any coastalland or the surrounding marine environment; and

9.2.2 in the event that the Minister is satisfied, onreasonable grounds, that the fish taken from thewaters are not fit for human consumption or thatconsumption of fish taken from the waters couldpresent a danger to the health of the consumer,the licensee must, in accordance with a writtennotice from the Minister, cease or suspend theconduct of the permitted use or else conduct thepermitted use as directed within the notice.

10. Public Risk LiabilityThe licensee must at all times indemnify the Minister, his

officers, employees, contractors and agents from and against allclaims, demands, actions, judgments, proceedings, damages, losses,costs, charges and expenses in respect of any loss of life, personalinjury and/or damage to property caused or suffered in anymanner in or about the site.

11. ReleaseThe licensee must use and keep the site at the risk in all things

of the licensee and the licensee must release to the full extentpermitted by law the Minister, his agents, contractors andservants in the absence of any wilful act, omission, default orneglect on their part from all claims and demands of every kindresulting from any accident damage or injury to persons orproperty occurring at the site, including loss or damage to thelicensee’s fixtures or personal property of the licensee.

12. Public Risk InsuranceThe licensee shall at its own cost and expense during the term

effect and keep in full force and effect in respect of the site andthe permitted use a policy of public risk insurance in the jointnames of the licensee and the Minister in which the limits ofpublic risk shall not be less than the amount specified in Item 2 ofSchedule 3 of this licence, or such further amount as the Ministermay from time to time reasonably require, as the amount whichmay be paid out in respect of any one single claim and a policy ofinsurance or copy thereof or a certificate of insurance shall beproduced by the licensee to the Minister on request in writingbeing made by the Minister for its production.

13. Guarantee or Indemnity SchemeThe licensee must either:

13.1 provide a guarantee from its bankers; or

13.2 contribute to an indemnity scheme established forthe aquaculture and fisheries industry and approved bythe Minister,

to and in favour of and for the benefit of the Minister by way ofsecurity for the due and punctual performance by the licensee ofthe terms and conditions of this licence and in particular theobligations of the licensee to rehabilitate the site immediatelyprior to the expiration or sooner determination of the term ofthis licence. Such guarantee or indemnity scheme must haveeffect from the date of commencement of the term.

14. No AssignmentThe licensee acknowledges that this licence is personal and it

must not assign or sublet or deal in any other way with anyinterest in this licence.

15. Default by Licensee and TerminationThe Minister may terminate this licence immediately by notice

in writing served on the licensee if:

15.1 the licensee commits or permits any breach ordefault of the obligations imposed on the licensee bythis licence, and following the giving by the Ministerof written notice of such breach or default, thelicensee either fails to rectify such breach or defaultwithin one calendar month of the date of such notice(or earlier if the circumstances require) or fails tomake diligent progress towards rectifying any suchbreach which is incapable of rectification within thetime so limited; or

15.2 the licensee commits or permits any further breachor default of the obligations imposed on the licenseeby this licence for which the Minister has previouslygiven notice in writing of such breach or defaultpursuant to paragraph 1 of condition 15.1 notwith-standing rectification of the previous breach ordefault; or

15.3 the licence fee referred to in condition 8 is unpaidfor a period of 14 days after notice has been given tothe licensee that it is outstanding; or

15.4 if the licensee is a body corporate, any of thefollowing occur:

15.4.1 the licensee is unable to pay its debts as andwhen they fall due or is otherwise insolvent;

15.4.2 an order is made for the winding up orliquidation of the licensee;

15.4.3 the licensee enters into a scheme ofarrangement, compromise, moratorium orother form of composition with its creditorsor any class of its creditors;

15.4.4 a receiver, a manager or a receiver andmanager, a company administrator or otherinsolvency administrator is appointed to thelicensee; or

15.4.5 a mortgagee, chargee or other encum-brancee is appointed over or takespossession of or appoints an agent to takepossession of all or any of the licensee’sassets; or

15.5 if the licensee is an individual, the licensee:

15.5.1 becomes bankrupt or assigns its estate orenters into a deed of arrangement or otherform of composition for the benefit of thelicensee’s creditors; or

15.5.2 is convicted of an indictable offence.

Termination of this licence by the Minister shall bewithout prejudice to any rights, remedies or actionsthat the Minister may have against the licensee inrespect of any antecedent breach by the licensee ofthe terms and conditions contained in this licence.

16. InterpretationSubject to any inconsistency of subject or context, the

following rules of construction shall be used in the interpretationof this licence:

16.1 any word importing the plural includes the singularand vice versa ;

16.2 any wording importing a gender shall include allother genders;

16.3 a reference to a body corporate shall include anatural person and vice versa ;

16.4 a reference to a recital, party, clause, Schedule orAnnexure is a reference to a recital, party, clause,Schedule or Annexure of this licence;

16.5 the captions, headings, section numbers and clausenumbers appearing in this licence are inserted only asa matter of convenience and in no way affect theconstruction of this licence;

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2086 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

16.6 a reference to a statute shall include all statutesamending, consolidating or replacing the statutesreferred to;

16.7 where two or more persons are named as licensees,this licence shall bind the licensees jointly and each ofthem severally; and

16.8 time is of the essence in respect of any obligationrelating to time in this licence.

17. DelegationAny consent, notice, any consultation or any other thing

which is pursuant to the terms of this licence either required to begiven, done or performed or which may be given, done orperformed by the Minister may for the purposes of this licence beproperly given, done or performed by any duly authorised agentor employee of the Minister.

18. SeveranceIf any term or condition of this licence should be for any

reason unlawful, void, invalid or unenforceable then the offendingterm or condition shall be severed from this licence withoutaffecting the validity or enforceability of the remainder of thislicence.

19. ModificationNo variation of or addition to any provision of this licence

shall be binding upon the Minister and the licensee unless suchvariation or addition is made in writing, signed by both theMinister and the licensee and expressed to be either supplementalto or in substitution for the whole or a part of this licence.

20. Waiver20.1 A waiver of any provision of this licence by the

Minister must both be in writing and be signed by theMinister or by persons duly authorised to execute sucha document on the Minister’s part.

20.2 No waiver by the Minister of a breach of a term orcondition contained in this licence shall operate as awaiver of any breach of the same or any other termor condition contained in this licence.

20.3 No forbearance, delay or indulgence by the Ministerin enforcing the provisions of this licence shallprejudice or restrict the rights of the Minister.

21. Notices21.1 Notices may be served by delivering the same

personally, by mail or facsimile transmission and shallbe:

21.1.1 in writing addressed to the Director ofFisheries, PIRSA, 16th Floor, 25 GrenfellStreet, Adelaide, S.A. 5000 (in the case ofthe Minister) and to the address of thelicensee set out above (in the case of thelicensee);

21.1.2 signed by or on behalf of the sender or by aperson duly authorised in that regard by thesender;

21.1.3 deemed to be duly served or made in thefollowing circumstances:

(a) if delivered, upon delivery;

(b) if sending by mail, upon post ing;

(c) if sent by facsimile transmission, uponthe sender’s facsimile producing atransmission report that the facsimilewas satisfactorily sent in its entirety tothe addressee’s facsimile number,

but if delivery is not made before 5 p.m. onany day it shall be deemed to be received at9 a.m. on the next day in that place.

21.2 The Minister and the licensee may each vary theiraddress or facsimile number at any time by writtennotice.

22. SASQAP22.1 The licensee:

22.1.1 must submit to the Manager, SouthAustralian Shellfish Quality AssuranceProgram (‘SASQAP’) for testing suchsample as the Manager, SASQAP requires of

the fish farmed at the site and specified inItem 1.1 of Schedule 2;

22.1.2 must comply with all reasonable require-ments of the Manager, SASQAP in relationto such testing; and

22.1.3 must obtain the written consent of theManager, SASQAP, prior to making any ofthe fish farmed at the site and specified inItem 1.1 of Schedule 2, available for humanconsumption.

Granted on behalf of the Minister by Director of Fisheries,delegate of the Minister, on 20 October 1999.

G. R. MORGAN, Director of Fisheries

The licensee hereby acknowledges and agrees to the terms andconditions of this licence.

Signed by the said M. RETSAS

In the presence of: A. DORWARD , Witness

SCHEDULE 1

Item 1—The SiteArea applicable to this licence:

Licensed Area LicensedHectares

AGD 66—Zone 53583803E 6170299N 10583937E 6170150N583565E 6169816N583432E 6169965N

All structures, equipment, buoys and flotations (except for thatrequired by the Department for Transport, Urban Planning andthe Arts) must be black, dark grey, dark blue, dark brown, or darkgreen coloured materials.

The boundary of the site to be marked either with:

(a) (1) At the corners with posts extending 900 mm abovemean high water springs. Such posts to be markedwith a St Andrews cross, each cross arm measuring900 mm from tip to tip, minimum width 75 mm.

(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 a200 mm strip of yellow retro-reflective tape.

(5) Between the corner posts at intervals not exceeding50 m, buoys not less than 300 mm in diameter.

(6) All buoys, posts, crosses and markers must bemaintained in good condition.

or

(b) (1) At each corner, yellow spar buoys with a StAndrews cross as a top mark placed at least900 mm above the buoy, cross arms 900 mm long x75 mm wide.

(2) The buoys and topmarks must all be colouredyellow and marked with a yellow retro-reflective asin (a) (4).

(3) All buoys, posts, crosses and markers must bemaintained in good condition.

When the site is in navigable water and possible danger tonavigation, lights must be placed on the top of each St Andrewscross that is located at each corner of the site and these lightsmust be yellow in colour and flashing once every 4 seconds andvisible over an arc of 360 degrees for a distance of at least onemile.

Item 2—Marked-Off Areas[Co-ordinates of developed areas within the site to be provided

by the licensee.]

White buoys of at least 12 inches in diameter must be placedaround the whole of the perimeter of the developed areas withinthe site at a distance of no less than 50 m from one another.

SCHEDULE 2

Item 1Permitted SpeciesThe Director of Fisheries has, pursuant to section 50 (2) of the

Act, issued a permit for the release of the fish specified in thisSchedule.

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Pacific Oysters (Crassostrea gigas)Item 1.1—Fish subject to SASQAP testing

Pacific Oysters (Crassostrea gigas)Item 2Permitted Farming Methods

The Director of Fisheries has, pursuant to section 48G (2) ofthe Act, issued a permit to disturb the seabed for the purpose ofinstalling the structures specified in this Schedule.

LonglinesEach unit must not exceed 100 m in length and 2 m in width,

and each unit must be at least 6 m from any other unit.

Item 3Stocking RatesOysters

Size (mm) Number per Hectare3 2 500 000

10 1 600 00020 1 100 00030 750 00040 500 00050 350 00060 200 00070 150 00080 100 000

SCHEDULE 3

Item 1—FeesAnnual licence fees are:

$ Fisheries Research and Development Corporation

Levy per hectare 10 at $12.50 each...................... 125.00Environmental Monitoring Program Fee per hectare

10 at $22.96 each ................................................. 229.60Base licence fee per hectare 10 at $57 each.............. 570.00SASQAP (Classified Area) per hectare 10 at $60...... 600.00

Total Annual Licence Fee ............................. 1 524.60Quarterly instalments............................................ 381.15

Item 2—Public Risk InsuranceFive million dollars ($5 000 000).

SCHEDULE 4

ReturnsThe licensee must submit the following information to the

Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and31 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 stockacquired and date of acquisition (if relevant, include nameof authority that provided certification that stock wasfree from disease).

10. If any fish were brought into the state, the number offish and the life stage of the fish.

11. If fish were brought into the state, the purpose for whichthey were brought in.

12. Method of disposal of water and packaging use fortransporting the fish.

13. If any disease or symptom of disease occurred in theacquired fish.

14. Method of disposal of diseased or dead fish and thenumber disposed of.

15. Signature, date and telephone number.

16. Use of any chemicals for fish husbandry—type ofchemical and quantity used, purpose and date of use.

FISHERIES ACT 1982: SECTION 48G (2)

TAKE notice that pursuant to section 48G (2) of the FisheriesAct 1982, I hereby authorise A. M. Dorward and M. A. Retsas, 13Hillside Grove, Port Lincoln, S.A. 5606 (hereinafter referred toas ‘the permit holder’) to disturb the seabed of the Site specifiedin Item 1 of the Schedule for the purpose only of installing thestructures specified in Item 2 of the Schedule in accordance withMarine Mollusc Farming Licence Number FM00058, (suchstructures not to be installed on the seabed itself) for the periodcommencing 1 July 1999 and ending upon the expiration orearlier termination of Marine Mollusc Farming Licence NumberFM00058, issued pursuant to section 53 of the Fisheries Act1982.

SCHEDULE 1

Item 1—Location Co-ordinatesLicensed Area Licensed

HectaresAGD 66—Zone 53583803E 6170299N 10583937E 6170150N583565E 6169816N583432E 6169965N

Item 2—Structures to be InstalledLonglines

Each unit must not exceed 100 m in length and 2 m in width,and each unit must be at least 6 m from any other unit.

Dated 20 October 1999.

G. R. MORGAN, Director of Fisheries

FISHERIES ACT 1982: SECTION 50 (2)

TAKE notice that pursuant to section 50 (2) of the Fisheries Act1982, I hereby authorise A. M. Dorward and M. A. Retsas, 13Hillside Grove, Port Lincoln, S.A. 5606 (hereinafter referred toas ‘permit holder’) to engage in the activities and to do the actsspecified in Schedule 1, subject to the conditions specified inSchedule 2 from the date of this permit ending upon theexpiration or earlier termination of Licence Number FM00058.

SCHEDULE 1

The importation and release of Pacific Oysters, (Crassostreagigas) within the water defined by the following co-ordinates:

Licensed Area LicensedHectares

AGD 66—Zone 53583803E 6170299N 10583937E 6170150N583565E 6169816N583432E 6169965N

SCHEDULE 2

1. Fish obtained within South Australia for use in the fish farmshall only be obtained from registered fish farmers, licensedfishers or other persons approved by the Director of Fisheries.

2. The permit holder shall not import any live fish (ova, fry oradult) into South Australia unless the shipment has certificationfrom an appropriate authority in the State from which they areobtained that they are free from all relevant notifiable diseaseslisted in Schedule 4 of the Fisheries (Exotic Fish, Fish Farmingand Fish Diseases) Regulations 1984.

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2088 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

3. Any oysters brought into South Australia must undergo asoakage process whereby they are completely submerged in freshwater for a period of not less than 2 hours before being placed inthe approved structures. Fresh water is deemed to be watersuitable for human consumption or horticultural or agriculturaluse.

4. The permit holder shall not contravene or fail to complywith the Fisheries Act 1982, or any regulations made under theAct, except where specifically permitted by this notice.

5. The permit holder must retain the copy of this permit whichhas been supplied by the Director of Fisheries, and if requested bya Fisheries and Aquaculture Officer, produce that permit forinspection.

Dated 20 October 1999.

G. R. MORGAN, Director of Fisheries

FISHERIES ACT 1982

MARINE MOLLUSC FARMING LICENCE FM00095(PREVIOUS LICENCE NO. F768)

Licence to Farm Fish under section 53 of the FisheriesAct 1982

WHEREAS the Director of Fisheries has, pursuant to section50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit tothe undermentioned licensee to release the fish specified inItem 1 of Schedule 2 of this licence (‘the permitted species’) and,pursuant to section 48G (2) of the Act, the Director of Fisherieshas also issued a permit to disturb the seabed for the purpose ofinstalling structures necessary for the licensed activity at theundermentioned site, the Minister for Primary Industries, NaturalResources and Regional Development (‘the Minister’) herebygrants to:

J. and S. Beasy25 Crocker CourtSmoky Bay, S.A. 5680,

a non-exclusive licence to occupy and use the waters specified inItem 1 of Schedule 1 of this licence (‘the site’) for the purpose offarming and taking the permitted species (‘the permitted use’) forthe period commencing on 1 July 1999 and ending, subject to anyearlier termination under this licence, on 30 June 2000 (‘theterm’) subject to the following terms and conditions.

CONDITIONS OF T HIS LICENCE1. Licence

The parties acknowledge and agree that:

1.1 the rights, powers and privileges granted to or vested inthe licensee under this licence are contractual only andshall 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 exclusiverights of entry to and occupation of the site and thatthe rights granted by this licence are exercisable by thelicensee in common with any other occupiers of the sitefrom time to time.

2. Marked-off AreasFor the purposes of section 53A of the Fisheries Act 1982, the

marked-off areas within the site is that area or those areasmarked-off or indicated in the manner set out in Item 2 ofSchedule 1 of this licence.

3. Permitted SpeciesThe licensee:

3.1 must not farm or introduce any species at the site otherthan the permitted species; and

3.2 must not take any wild fish from the site except forrecreational purposes.

4. Permitted UseThe licensee must not use the site for any purpose other than

the permitted use.

5. Permitted MethodsThe licensee:

5.1 must not stock the permitted species at a rate greaterthan 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 therapeuticor prophylactic purpose except with the prior approvalof the Minister;

5.4 must apply the permitted farming methods set out inItem 2 of Schedule 2 of this licence.

6. Marking and Maintaining the SiteThe licensee:

6.1 must ensure that the site is maintained in a good, tidyand safe condition to the satisfaction of the Minister;

6.2 must remove and lawfully dispose of any waste or debrison the site as soon as is reasonably practicable and inparticular must comply with any guidelines issued fromtime to time by the Minister in relation to the removalfrom the site of any unhealthy or dead fish;

6.3 must maintain all buoys, crosses, and markers on the sitein good condition and in accordance with the coloursspecified in Schedule 1 of this licence; and

6.4 must mark the site boundary in accordance with thespecifications in Schedule 1 of this licence.

7. Site Inspection and SupervisionThe licensee:

7.1 must at all times permit the Minister, his employees,agents or contractors or any employees, agents orcontractors of the Crown to enter the site for thepurposes of inspecting the site, the sea floor and theflora and fauna on or in the vicinity of the site; and

7.2 must comply with all reasonable directions of any suchperson authorised by the Director of Fisheries to inspectthe conduct of the licensee’s activities at the site.

8. Fees and ReturnsThe licensee:

8.1 must pay to the Minister the licence fee in accordancewith Item l of Schedule 3 of this licence;

8.2 must on or before 31 January and 31 July during theterm, submit to the Minister a return supplying all ofthe information described in Schedule 4 of this licence.

9. Compliance With Relevant Laws9.1 the licensee must at all times comply with all laws, by-

laws or regulations in force which relate to the site orthe activities conducted in the site and with all notices,orders or requirements lawfully given or made by anyauthority or authorities in respect of the site;

9.2 in particular, without derogating from the generalrequirement under condition 9 of this licence:

9.2.1 the licensee must not do or permit to be done inupon or about the site anything which in theopinion of the Minister would cause or contributeto the degradation or pollution of any coastalland or the surrounding marine environment; and

9.2.2 in the event that the Minister is satisfied, onreasonable grounds, that the fish taken from thewaters are not fit for human consumption or thatconsumption of fish taken from the waters couldpresent a danger to the health of the consumer,the licensee must, in accordance with a writtennotice from the Minister, cease or suspend theconduct of the permitted use or else conduct thepermitted use as directed within the notice.

Page 13: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2089

10. Public Risk LiabilityThe licensee must at all times indemnify the Minister, his

officers, employees, contractors and agents from and against allclaims, demands, actions, judgments, proceedings, damages, losses,costs, charges and expenses in respect of any loss of life, personalinjury and/or damage to property caused or suffered in anymanner in or about the site.

11. ReleaseThe licensee must use and keep the site at the risk in all things

of the licensee and the licensee must release to the full extentpermitted by law the Minister, his agents, contractors andservants in the absence of any wilful act, omission, default orneglect on their part from all claims and demands of every kindresulting from any accident damage or injury to persons orproperty occurring at the site, including loss or damage to thelicensee’s fixtures or personal property of the licensee.

12. Public Risk InsuranceThe licensee shall at its own cost and expense during the term

effect and keep in full force and effect in respect of the site andthe permitted use a policy of public risk insurance in the jointnames of the licensee and the Minister in which the limits ofpublic risk shall not be less than the amount specified in Item 2 ofSchedule 3 of this licence, or such further amount as the Ministermay from time to time reasonably require, as the amount whichmay be paid out in respect of any one single claim and a policy ofinsurance or copy thereof or a certificate of insurance shall beproduced by the licensee to the Minister on request in writingbeing made by the Minister for its production.

13. Guarantee or Indemnity SchemeThe licensee must either:

13.1 provide a guarantee from its bankers; or

13.2 contribute to an indemnity scheme established forthe aquaculture and fisheries industry and approved bythe Minister,

to and in favour of and for the benefit of the Minister by way ofsecurity for the due and punctual performance by the licensee ofthe terms and conditions of this licence and in particular theobligations of the licensee to rehabilitate the site immediatelyprior to the expiration or sooner determination of the term ofthis licence. Such guarantee or indemnity scheme must haveeffect from the date of commencement of the term.

14. No AssignmentThe licensee acknowledges that this licence is personal and it

must not assign or sublet or deal in any other way with anyinterest in this licence.

15. Default by Licensee and TerminationThe Minister may terminate this licence immediately by notice

in writing served on the licensee if:

15.1 the licensee commits or permits any breach ordefault of the obligations imposed on the licensee bythis licence, and following the giving by the Ministerof written notice of such breach or default, thelicensee either fails to rectify such breach or defaultwithin one calendar month of the date of such notice(or earlier if the circumstances require) or fails tomake diligent progress towards rectifying any suchbreach which is incapable of rectification within thetime so limited; or

15.2 the licensee commits or permits any further breachor default of the obligations imposed on the licenseeby this licence for which the Minister has previouslygiven notice in writing of such breach or defaultpursuant to paragraph 1 of condition 15.1 notwith-standing rectification of the previous breach ordefault; or

15.3 the licence fee referred to in condition 8 is unpaidfor a period of 14 days after notice has been given tothe licensee that it is outstanding; or

15.4 if the licensee is a body corporate, any of thefollowing occur:

15.4.1 the licensee is unable to pay its debts as andwhen they fall due or is otherwise insolvent;

15.4.2 an order is made for the winding up orliquidation of the licensee;

15.4.3 the licensee enters into a scheme ofarrangement, compromise, moratorium orother form of composition with its creditorsor any class of its creditors;

15.4.4 a receiver, a manager or a receiver andmanager, a company administrator or otherinsolvency administrator is appointed to thelicensee; or

15.4.5 a mortgagee, chargee or other encum-brancee is appointed over or takespossession of or appoints an agent to takepossession of all or any of the licensee’sassets; or

15.5 if the licensee is an individual, the licensee:

15.5.1 becomes bankrupt or assigns its estate orenters into a deed of arrangement or otherform of composition for the benefit of thelicensee’s creditors; or

15.5.2 is convicted of an indictable offence.

Termination of this licence by the Minister shall bewithout prejudice to any rights, remedies or actionsthat the Minister may have against the licensee inrespect of any antecedent breach by the licensee ofthe terms and conditions contained in this licence.

16. InterpretationSubject to any inconsistency of subject or context, the

following rules of construction shall be used in the interpretationof this licence:

16.1 any word importing the plural includes the singularand vice versa ;

16.2 any wording importing a gender shall include allother genders;

16.3 a reference to a body corporate shall include anatural person and vice versa ;

16.4 a reference to a recital, party, clause, Schedule orAnnexure is a reference to a recital, party, clause,Schedule or Annexure of this licence;

16.5 the captions, headings, section numbers and clausenumbers appearing in this licence are inserted only asa matter of convenience and in no way affect theconstruction of this licence;

16.6 a reference to a statute shall include all statutesamending, consolidating or replacing the statutesreferred to;

16.7 where two or more persons are named as licensees,this licence shall bind the licensees jointly and each ofthem severally; and

16.8 time is of the essence in respect of any obligationrelating to time in this licence.

17. DelegationAny consent, notice, any consultation or any other thing

which is pursuant to the terms of this licence either required to begiven, done or performed or which may be given, done orperformed by the Minister may for the purposes of this licence beproperly given, done or performed by any duly authorised agentor employee of the Minister.

18. SeveranceIf any term or condition of this licence should be for any

reason unlawful, void, invalid or unenforceable then the offendingterm or condition shall be severed from this licence withoutaffecting the validity or enforceability of the remainder of thislicence.

19. ModificationNo variat ion of or addition to any provision of this licence

shall be binding upon the Minister and the licensee unless suchvariation or addition is made in writing, signed by both theMinister and the licensee and expressed to be either supplementalto or in substitution for the whole or a part of this licence.

Page 14: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

2090 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

20. Waiver20.1 A waiver of any provision of this licence by the

Minister must both be in writing and be signed by theMinister or by persons duly authorised to execute sucha document on the Minister’s part.

20.2 No waiver by the Minister of a breach of a term orcondition contained in this licence shall operate as awaiver of any breach of the same or any other termor condition contained in this licence.

20.3 No forbearance, delay or indulgence by the Ministerin enforcing the provisions of this licence shallprejudice or restrict the rights of the Minister.

21. Notices21.1 Notices may be served by delivering the same

personally, by mail or facsimile transmission and shallbe:

21.1.1 in writing addressed to the Director ofFisheries, PIRSA, 16th Floor, 25 GrenfellStreet, Adelaide, S.A. 5000 (in the case ofthe Minister) and to the address of thelicensee set out above (in the case of thelicensee);

21.1.2 signed by or on behalf of the sender or by aperson duly authorised in that regard by thesender;

21.1.3 deemed to be duly served or made in thefollowing circumstances:

(a) if delivered, upon delivery;

(b) if sending by mail, upon posting;

(c) if sent by facsimile transmission, uponthe sender’s facsimile producing atransmission report that the facsimilewas satisfactorily sent in its entirety tothe addressee’s facsimile number,

but if delivery is not made before 5 p.m. onany day it shall be deemed to be received at9 a.m. on the next day in that place.

21.2 The Minister and the licensee may each vary theiraddress or facsimile number at any time by writtennotice.

Granted on behalf of the Minister by Director of Fisheries,delegate of the Minister, on 20 October 1999.

G. R. MORGAN, Director of Fisheries

The licensee hereby acknowledges and agrees to the terms andconditions of this licence.

Signed by the said J. BEASY

In the presence of: S. BEASY , Witness

SCHEDULE 1

Item 1—The SiteArea applicable to this licence:

Licensed Area LicensedHectares

AGD 66Zone 53395091E 6416947N 2395138E 6416943N395108E 6416520N395061E 6416523N

All structures, equipment, buoys and flotations (except for thatrequired by the Department for Transport, Urban Planning andthe Arts) must be black, dark grey, dark blue, dark brown, or darkgreen coloured materials.

The boundary of the site to be marked either with:

(a) (1) At the corners with posts extending 900 mm abovemean high water springs. Such posts to be markedwith a St Andrews cross, each cross arm measuring900 mm from tip to tip, minimum width 75 mm.

(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 a200 mm strip of yellow retro-reflective tape.

(5) Between the corner posts at intervals not exceeding50 m, buoys not less than 300 mm in diameter.

(6) All buoys, posts, crosses and markers must bemaintained in good condition.

or

(b) (1) At each corner, yellow spar buoys with a StAndrews cross as a top mark placed at least900 mm above the buoy, cross arms 900 mm long x75 mm wide.

(2) The buoys and topmarks must all be colouredyellow and marked with a yellow retro-reflective asin (a) (4).

(3) All buoys, posts, crosses and markers must bemaintained in good condition.

When the site is in navigable water and possible danger tonavigation, lights must be placed on the top of each St Andrewscross that is located at each corner of the site and these lightsmust be yellow in colour and flashing once every 4 seconds andvisible over an arc of 360 degrees for a distance of at least onemile.

Item 2—Marked-Off Areas[Co-ordinates of developed areas within the site to be provided

by the licensee.]

White buoys of at least 12 inches in diameter must be placedaround the whole of the perimeter of the developed areas withinthe site at a distance of no less than 50 m from one another.

SCHEDULE 2

Item 1Permitted SpeciesThe Director of Fisheries has, pursuant to section 50 (2) of the

Act, issued a permit for the release of the fish specified in thisSchedule.

Pacific Oysters (Crassostrea gigas)Item 2Permitted Farming Methods

The Director of Fisheries has, pursuant to section 48G (2) ofthe Act, issued a permit to disturb the seabed for the purpose ofinstalling the structures specified in this Schedule.

LonglinesEach unit must not exceed 100 m in length and 2 m in width,

and each unit must be at least 6 m from any other unit.

Item 3Stocking RatesOysters

Size (mm) Number per Hectare3 2 500 000

10 1 600 00020 1 100 00030 750 00040 500 00050 350 00060 200 00070 150 00080 100 000

SCHEDULE 3

Item 1—FeesAnnual licence fees are:

$ Fisheries Research and Development Corporation

Levy per hectare 2 at $12.50 each ............................. 25.00Environmental Monitoring Program Fee per hectare

2 at $22.96 each ........................................................ 45.92Base Licence Fee per hectare 2 at $57 each ................... 114.00SASQAP (Classified Area) per hectare 2 at $60 each ..... 120.00

Total Annual Licence Fee............................... 304.92Quarterly Instalments.................................................... 76.23

Item 2—Public Risk InsuranceFive million dollars ($5 000 000).

Page 15: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2091

SCHEDULE 4

ReturnsThe licensee must submit the following information to the

Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and31 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 stockacquired and date of acquisition (if relevant, include nameof authority that provided certification that stock wasfree from disease).

10. If any fish were brought into the state, the number offish and the life stage of the fish.

11. If fish were brought into the state, the purpose for whichthey were brought in.

12. Method of disposal of water and packaging use fortransporting the fish.

13. If any disease or symptom of disease occurred in theacquired fish.

14. Method of disposal of diseased or dead fish and thenumber disposed of.

15. Signature, date and telephone number.

16. Use of any chemicals for fish husbandry—type ofchemical and quantity used, purpose and date of use.

FISHERIES ACT 1982: SECTION 48G (2)

TAKE notice that pursuant to section 48G (2) of the FisheriesAct 1982, I hereby authorise J. and S. Beasy, 25 Crocker Court,Smoky Bay, S.A. 5680 (hereinafter referred to as ‘the permitholder’) to disturb the seabed of the Site specified in Item 1 of theSchedule for the purpose only of installing the structures specifiedin Item 2 of the Schedule in accordance with Marine MolluscFarming Licence Number FM00095, (such structures not to beinstalled on the seabed itself) for the period commencing 1 July1999 and ending upon the expiration or earlier termination ofMarine Mollusc Farming Licence Number FM00095, issuedpursuant to section 53 of the Fisheries Act 1982.

SCHEDULE 1

Item 1—Location Co-ordinatesLicensed Area Licensed

HectaresAGD 66—Zone 53395091E 6416947N 2395138E 6416943N395108E 6416520N395061E 6416523N

Item 2—Structures to be InstalledLonglines

Each unit must not exceed 100 m in length and 2 m in width,and each unit must be at least 6 m from any other unit.

Dated 20 October 1999.

G. R. MORGAN, Director of Fisheries

FISHERIES ACT 1982: SECTION 50 (2)

TAKE notice that pursuant to section 50 (2) of the Fisheries Act1982, I hereby authorise J. and S. Beasy, 25 Crocker Court,Smoky Bay, S.A. 5680, (hereinafter referred to as ‘permitholder’) to engage in the activities and to do the acts specified inSchedule 1, subject to the conditions specified in Schedule 2 fromthe date of this permit ending upon the expiration or earliertermination of Licence Number FM00095.

SCHEDULE 1The importation and release of Pacific Oysters, (Crassostrea

gigas) within the water defined by the following co-ordinates:

Licensed Area LicensedHectares

AGD 66—Zone 53395091E 6416947N 2395138E 6416943N395108E 6416520N395061E 6416523N

SCHEDULE 21. Fish obtained within South Australia for use in the fish farm

shall only be obtained from registered fish farmers, licensedfishers or other persons approved by the Director of Fisheries.

2. The permit holder shall not import any live fish (ova, fry oradult) into South Australia unless the shipment has certificationfrom an appropriate authority in the State from which they areobtained that they are free from all relevant notifiable diseaseslisted in Schedule 4 of the Fisheries (Exotic Fish, Fish Farmingand Fish Diseases) Regulations 1984.

3. Any oysters brought into South Australia must undergo asoakage process whereby they are completely submerged in freshwater for a period of not less than 2 hours before being placed inthe approved structures. Fresh water is deemed to be watersuitable for human consumption or horticultural or agriculturaluse.

4. The permit holder shall not contravene or fail to complywith the Fisheries Act 1982, or any regulations made under theAct, except where specifically permitted by this notice.

5. The permit holder must retain the copy of this permit whichhas been supplied by the Director of Fisheries, and if requested bya Fisheries and Aquaculture Officer, produce that permit forinspection.

Dated 20 October 1999.G. R. MORGAN, Director of Fisheries

FISHERIES ACT 1982

MARINE MOLLUSC FARMING LICENCE FM00148(PREVIOUS LICENCE NO. F829)

Licence to Farm Fish under section 53 of the FisheriesAct 1982

WHEREAS the Director of Fisheries has, pursuant to section50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit tothe undermentioned licensee to release the fish specified inItem 1 of Schedule 2 of this licence (‘the permitted species’) and,pursuant to section 48G (2) of the Act, the Director of Fisherieshas also issued a permit to disturb the seabed for the purpose ofinstalling structures necessary for the licensed activity at theundermentioned site, the Minister for Primary Industries, NaturalResources and Regional Development (‘the Minister’) herebygrants to:

Philip Tattersall (12240)11 Keith Lewis CourtWynn Vale, S.A. 5127,

a non-exclusive licence to occupy and use the waters specified inItem 1 of Schedule 1 of this licence (‘the site’) for the purpose offarming and taking the permitted species (‘the permitted use’) forthe period commencing on 1 July 1999 and ending, subject to anyearlier termination under this licence, on 30 June 2000 (‘theterm’) subject to the following terms and conditions.

Page 16: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

2092 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

CONDITIONS OF T HIS LICENCE1. Licence

The parties acknowledge and agree that:

1.1 the rights, powers and privileges granted to or vested inthe licensee under this licence are contractual only andshall 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 exclusiverights of entry to and occupation of the site and thatthe rights granted by this licence are exercisable by thelicensee in common with any other occupiers of the sitefrom time to time.

2. Marked-off AreasFor the purposes of section 53A of the Fisheries Act 1982, the

marked-off areas within the site is that area or those areasmarked-off or indicated in the manner set out in Item 2 ofSchedule 1 of this licence.

3. Permitted SpeciesThe licensee:

3.1 must not farm or introduce any species at the site otherthan the permitted species; and

3.2 must not take any wild fish from the site except forrecreational purposes.

4. Permitted UseThe licensee must not use the site for any purpose other than

the permitted use.

5. Permitted MethodsThe licensee:

5.1 must not stock the permitted species at a rate greaterthan 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 therapeuticor prophylactic purpose except with the prior approvalof the Minister;

5.4 must apply the permitted farming methods set out inItem 2 of Schedule 2 of this licence.

5.5 must conduct an environmental monitoring program asset out in Schedule 5 of this licence.

6. Marking and Maintaining the SiteThe licensee:

6.1 must ensure that the site is maintained in a good, tidyand safe condition to the satisfaction of the Minister;

6.2 must remove and lawfully dispose of any waste or debrison the site as soon as is reasonably practicable and inparticular must comply with any guidelines issued fromtime to time by the Minister in relation to the removalfrom the site of any unhealthy or dead fish;

6.3 must maintain all buoys, crosses, and markers on the sitein good condition and in accordance with the coloursspecified in Schedule 1 of this licence; and

6.4 must mark the site boundary in accordance with thespecifications in Schedule 1 of this licence.

7. Site Inspection and SupervisionThe licensee:

7.1 must at all times permit the Minister, his employees,agents or contractors or any employees, agents orcontractors of the Crown to enter the site for thepurposes of inspecting the site, the sea floor and theflora and fauna on or in the vicinity of the site; and

7.2 must comply with all reasonable directions of any suchperson authorised by the Director of Fisheries to inspectthe conduct of the licensee’s activities at the site.

8. Fees and ReturnsThe licensee:

8.1 must pay to the Minister the licence fee in accordancewith Item l of Schedule 3 of this licence;

8.2 must on or before 31 January and 31 July during theterm, submit to the Minister a return supplying all ofthe information described in Schedule 4 of this licence.

9. Compliance With Relevant Laws9.1 the licensee must at all times comply with all laws, by-

laws or regulations in force which relate to the site orthe activities conducted in the site and with all notices,orders or requirements lawfully given or made by anyauthority or authorities in respect of the site;

9.2 in particular, without derogating from the generalrequirement under condition 9 of this licence:

9.2.1 the licensee must not do or permit to be done inupon or about the site anything which in theopinion of the Minister would cause or contributeto the degradation or pollution of any coastalland or the surrounding marine environment; and

9.2.2 in the event that the Minister is satisfied, onreasonable grounds, that the fish taken from thewaters are not fit for human consumption or thatconsumption of fish taken from the waters couldpresent a danger to the health of the consumer,the licensee must, in accordance with a writtennotice from the Minister, cease or suspend theconduct of the permitted use or else conduct thepermitted use as directed within the notice.

10. Public Risk LiabilityThe licensee must at all times indemnify the Minister, his

officers, employees, contractors and agents from and against allclaims, demands, actions, judgments, proceedings, damages, losses,costs, charges and expenses in respect of any loss of life, personalinjury and/or damage to property caused or suffered in anymanner in or about the site.

11. ReleaseThe licensee must use and keep the site at the risk in all things

of the licensee and the licensee must release to the full extentpermitted by law the Minister, his agents, contractors andservants in the absence of any wilful act, omission, default orneglect on their part from all claims and demands of every kindresulting from any accident damage or injury to persons orproperty occurring at the site, including loss or damage to thelicensee’s fixtures or personal property of the licensee.

12. Public Risk InsuranceThe licensee shall at its own cost and expense during the term

effect and keep in full force and effect in respect of the site andthe permitted use a policy of public risk insurance in the jointnames of the licensee and the Minister in which the limits ofpublic risk shall not be less than the amount specified in Item 2 ofSchedule 3 of this licence, or such further amount as the Ministermay from time to time reasonably require, as the amount whichmay be paid out in respect of any one single claim and a policy ofinsurance or copy thereof or a certificate of insurance shall beproduced by the licensee to the Minister on request in writingbeing made by the Minister for its production.

13. Guarantee or Indemnity SchemeThe licensee must either:

13.1 provide a guarantee from its bankers; or

13.2 contribute to an indemnity scheme established forthe aquaculture and fisheries industry and approved bythe Minister,

to and in favour of and for the benefit of the Minister by way ofsecurity for the due and punctual performance by the licensee ofthe terms and conditions of this licence and in particular theobligations of the licensee to rehabilitate the site immediatelyprior to the expiration or sooner determination of the term ofthis licence. Such guarantee or indemnity scheme must haveeffect from the date of commencement of the term.

Page 17: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2093

14. No AssignmentThe licensee acknowledges that this licence is personal and it

must not assign or sublet or deal in any other way with anyinterest in this licence.

15. Default by Licensee and TerminationThe Minister may terminate this licence immediately by notice

in writing served on the licensee if:

15.1 the licensee commits or permits any breach ordefault of the obligations imposed on the licensee bythis licence, and following the giving by the Ministerof written notice of such breach or default, thelicensee either fails to rectify such breach or defaultwithin one calendar month of the date of such notice(or earlier if the circumstances require) or fails tomake diligent progress towards rectifying any suchbreach which is incapable of rectification within thetime so limited; or

15.2 the licensee commits or permits any further breachor default of the obligations imposed on the licenseeby this licence for which the Minister has previouslygiven notice in writing of such breach or defaultpursuant to paragraph 1 of condition 15.1 notwith-standing rectification of the previous breach ordefault; or

15.3 the licence fee referred to in condition 8 is unpaidfor a period of 14 days after notice has been given tothe licensee that it is outstanding; or

15.4 if the licensee is a body corporate, any of thefollowing occur:

15.4.1 the licensee is unable to pay its debts as andwhen they fall due or is otherwise insolvent;

15.4.2 an order is made for the winding up orliquidation of the licensee;

15.4.3 the licensee enters into a scheme ofarrangement, compromise, moratorium orother form of composition with its creditorsor any class of its creditors;

15.4.4 a receiver, a manager or a receiver andmanager, a company administrator or otherinsolvency administrator is appointed to thelicensee; or

15.4.5 a mortgagee, chargee or other encum-brancee is appointed over or takespossession of or appoints an agent to takepossession of all or any of the licensee’sassets; or

15.5 if the licensee is an individual, the licensee:

15.5.1 becomes bankrupt or assigns its estate orenters into a deed of arrangement or otherform of composition for the benefit of thelicensee’s creditors; or

15.5.2 is convicted of an indictable offence.

Termination of this licence by the Minister shall bewithout prejudice to any rights, remedies or actionsthat the Minister may have against the licensee inrespect of any antecedent breach by the licensee ofthe terms and conditions contained in this licence.

16. InterpretationSubject to any inconsistency of subject or context, the

following rules of construction shall be used in the interpretationof this licence:

16.1 any word importing the plural includes the singularand vice versa ;

16.2 any wording importing a gender shall include allother genders;

16.3 a reference to a body corporate shall include anatural person and vice versa ;

16.4 a reference to a recital, party, clause, Schedule orAnnexure is a reference to a recital, party, clause,Schedule or Annexure of this licence;

16.5 the captions, headings, section numbers and clausenumbers appearing in this licence are inserted only asa matter of convenience and in no way affect theconstruction of this licence;

16.6 a reference to a statute shall include all statutesamending, consolidating or replacing the statutesreferred to;

16.7 where two or more persons are named as licensees,this licence shall bind the licensees jointly and each ofthem severally; and

16.8 time is of the essence in respect of any obligationrelating to time in this licence.

17. DelegationAny consent, notice, any consultation or any other thing

which is pursuant to the terms of this licence either required to begiven, done or performed or which may be given, done orperformed by the Minister may for the purposes of this licence beproperly given, done or performed by any duly authorised agentor employee of the Minister.

18. SeveranceIf any term or condition of this licence should be for any

reason unlawful, void, invalid or unenforceable then the offendingterm or condition shall be severed from this licence withoutaffecting the validity or enforceability of the remainder of thislicence.

19. ModificationNo variation of or addition to any provision of this licence

shall be binding upon the Minister and the licensee unless suchvariation or addition is made in writing, signed by both theMinister and the licensee and expressed to be either supplementalto or in substitution for the whole or a part of this licence.

20. Waiver20.1 A waiver of any provision of this licence by the

Minister must both be in writing and be signed by theMinister or by persons duly authorised to execute sucha document on the Minister’s part.

20.2 No waiver by the Minister of a breach of a term orcondition contained in this licence shall operate as awaiver of any breach of the same or any other termor condition contained in this licence.

20.3 No forbearance, delay or indulgence by the Ministerin enforcing the provisions of this licence shallprejudice or restrict the rights of the Minister.

21. Notices21.1 Notices may be served by delivering the same

personally, by mail or facsimile transmission and shallbe:

21.1.1 in writing addressed to the Director ofFisheries, PIRSA, 16th Floor, 25 GrenfellStreet, Adelaide, S.A. 5000 (in the case ofthe Minister) and to the address of thelicensee set out above (in the case of thelicensee);

21.1.2 signed by or on behalf of the sender or by aperson duly authorised in that regard by thesender;

21.1.3 deemed to be duly served or made in thefollowing circumstances:

(a) if delivered, upon delivery;

(b) if sending by mail, upon posting;

(c) if sent by facsimile transmission, uponthe sender’s facsimile producing atransmission report that the facsimilewas satisfactorily sent in its entirety tothe addressee’s facsimile number,

but if delivery is not made before 5 p.m. onany day it shall be deemed to be received at9 a.m. on the next day in that place.

21.2 The Minister and the licensee may each vary theiraddress or facsimile number at any time by writtennotice.

22. SASQAP22.1 The licensee:

22.1.1 must submit to the Manager, SouthAustralian Shellfish Quality AssuranceProgram (‘SASQAP’) for testing suchsample as the Manager, SASQAP requires of

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2094 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

the fish farmed at the site and specified inItem 1.1 of Schedule 2;

22.1.2 must comply with all reasonable require-ments of the Manager, SASQAP in relationto such testing; and

22.1.3 must obtain the written consent of theManager, SASQAP, prior to making any ofthe fish farmed at the site and specified inItem 1.1 of Schedule 2, available for humanconsumption.

Granted on behalf of the Minister by Director of Fisheries,delegate of the Minister, on 22 October 1999.

G. R. MORGAN, Director of Fisheries

The licensee hereby acknowledges and agrees to the terms andconditions of this licence.

Signed by the said P. D. T ATTERSALL

In the presence of: C. D. TATTERSALL, Witness

SCHEDULE 1

Item 1—The SiteArea applicable to this licence:

Licensed Area LicensedHectares

AGD 66Zone 53765703E 6278045N 2765534E 6278130N765486E 6278038N765656E 6277950N

All structures, equipment, buoys and flotations (except for thatrequired by the Department for Transport, Urban Planning andthe Arts) must be black, dark grey, dark blue, dark brown, or darkgreen coloured materials.

The boundary of the site to be marked either with:

(a) (1) At the corners with posts extending 900 mm abovemean high water springs. Such posts to be markedwith a St Andrews cross, each cross arm measuring900 mm from tip to tip, minimum width 75 mm.

(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 a200 mm strip of yellow retro-reflective tape.

(5) Between the corner posts at intervals not exceeding50 m, buoys not less than 300 mm in diameter.

(6) All buoys, posts, crosses and markers must bemaintained in good condition.

or

(b) (1) At each corner, yellow spar buoys with a StAndrews cross as a top mark placed at least900 mm above the buoy, cross arms 900 mm long x75 mm wide.

(2) The buoys and topmarks must all be colouredyellow and marked with a yellow retro-reflective asin (a) (4).

(3) All buoys, posts, crosses and markers must bemaintained in good condition.

When the site is in navigable water and possible danger tonavigation, lights must be placed on the top of each St Andrewscross that is located at each corner of the site and these lightsmust be yellow in colour and flashing once every 4 seconds andvisible over an arc of 360 degrees for a distance of at least onemile.

Item 2—Marked-Off Areas[Co-ordinates of developed areas within the site to be provided

by the licensee.]

White buoys of at least 12 inches in diameter must be placedaround the whole of the perimeter of the developed areas withinthe site at a distance of no less than 50 m from one another.

SCHEDULE 2

Item 1Permitted SpeciesThe Director of Fisheries has, pursuant to section 50 (2) of the

Act, issued a permit for the release of the fish specified in thisSchedule.

Pacific Oysters (Crassostrea gigas)Item 2Permitted Farming Methods

The Director of Fisheries has, pursuant to section 48G (2) ofthe Act, issued a permit to disturb the seabed for the purpose ofinstalling the structures specified in this Schedule.

RacksLonglines

Each unit must not exceed 100 m in length and 2 m in width,and each unit must be at least 6 m from any other unit.

Item 3Stocking RatesOysters

Size (mm) Number per Hectare3 2 500 000

10 1 600 00020 1 100 00030 750 00040 500 00050 350 00060 200 00070 150 00080 100 000

SCHEDULE 3

Item 1—FeesAnnual licence fees are:

$ Fisheries Research and Development Corporation

Levy per hectare 2 at $12.50 each ............................. 25.00Environmental Monitoring Program Fee per hectare

2 at $22.96 each ........................................................ 45.92Base Licence Fee per hectare 2 at $57 each ................... 114.00SASQAP (Classified Area) per hectare 2 at $60 each ..... 120.00

Total Annual Licence Fee............................... 304.92Quarterly Instalments.................................................... 76.23

Item 2—Public Risk InsuranceFive million dollars ($5 000 000).

SCHEDULE 4

ReturnsThe licensee must submit the following information to the

Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and31 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 stockacquired and date of acquisition (if relevant, include nameof authority that provided certification that stock wasfree from disease).

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28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2095

10. If any fish were brought into the state, the number offish and the life stage of the fish.

11. If fish were brought into the state, the purpose for whichthey were brought in.

12. Method of disposal of water and packaging use fortransporting the fish.

13. If any disease or symptom of disease occurred in theacquired fish.

14. Method of disposal of diseased or dead fish and thenumber disposed of.

15. Signature, date and telephone number.

16. Use of any chemicals for fish husbandry—type ofchemical and quantity used, purpose and date of use.

SCHEDULE 5

Approved Environmental Monitoring ProgramAn Environmental Monitoring Program for the site must

comply with the general requirements for environmentalmonitoring specified in the Decision Notification Form issued forthe site under Regulation 42 of the Development Regulations1993.

The licensee must submit a draft Environmental MonitoringProgram in writing to the Director of Fisheries within 60 daysafter the grant of the licence by the Minister.

FISHERIES ACT 1982: SECTION 48G (2)

TAKE notice that pursuant to section 48G (2) of the FisheriesAct 1982, I hereby authorise Philip Tattersall, 11 Keith LewisCourt, Wynn Vale, S.A. 5127 (hereinafter referred to as ‘thepermit holder’) to disturb the seabed of the Site specified in Item1 of the Schedule for the purpose only of installing the structuresspecified in Item 2 of the Schedule in accordance with MarineMollusc Farming Licence Number FM00148, (such structures notto be installed on the seabed itself) for the period commencing 1July 1999 and ending upon the expiration or earlier terminationof Marine Mollusc Farming Licence Number FM00148, issuedpursuant to section 53 of the Fisheries Act 1982.

SCHEDULE 1

Item 1—Location Co-ordinatesLicensed Area Licensed

HectaresAGD 66—Zone 53765703E 6278045N 2765534E 6278130N765486E 6278038N765656E 6277950N

Item 2—Structures to be InstalledRacksLonglines

Each unit must not exceed 100 m in length and 2 m in width,and each unit must be at least 6 m from any other unit.

Dated 22 October 1999.

G. R. MORGAN, Director of Fisheries

FISHERIES ACT 1982: SECTION 50 (2)

TAKE notice that pursuant to section 50 (2) of the Fisheries Act1982, I hereby authorise Philip Tattersall, 11 Keith Lewis Court,Wynn Vale, S.A. 5127 (hereinafter referred to as ‘permit holder’)to engage in the activities and to do the acts specified in Schedule1, subject to the conditions specified in Schedule 2 from the dateof this permit ending upon the expiration or earlier terminationof Licence Number FM00148.

SCHEDULE 1

The importation and release of Pacific Oysters, (Crassostreagigas) within the water defined by the following co-ordinates:

Licensed Area LicensedHectares

AGD 66—Zone 53765703E 6278045N 2765534E 6278130N765486E 6278038N765656E 6277950N

SCHEDULE 2

1. Fish obtained within South Australia for use in the fish farmshall only be obtained from registered fish farmers, licensedfishers or other persons approved by the Director of Fisheries.

2. The permit holder shall not import any live fish (ova, fry oradult) into South Australia unless the shipment has certificationfrom an appropriate authority in the State from which they areobtained that they are free from all relevant notifiable diseaseslisted in Schedule 4 of the Fisheries (Exotic Fish, Fish Farmingand Fish Diseases) Regulations 1984.

3. Any oysters brought into South Australia must undergo asoakage process whereby they are completely submerged in freshwater for a period of not less than 2 hours before being placed inthe approved structures. Fresh water is deemed to be watersuitable for human consumption or horticultural or agriculturaluse.

4. The permit holder shall not contravene or fail to complywith the Fisheries Act 1982, or any regulations made under theAct, except where specifically permitted by this notice.

5. The permit holder must retain the copy of this permit whichhas been supplied by the Director of Fisheries, and if requested bya Fisheries and Aquaculture Officer, produce that permit forinspection.

Dated 22 October 1999.

G. R. MORGAN, Director of Fisheries

FISHERIES ACT 1982

MARINE MOLLUSC FARMING LICENCE FM00211

Licence to Farm Fish under section 53 of the FisheriesAct 1982

WHEREAS the Director of Fisheries has, pursuant to section50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit tothe undermentioned licensee to release the fish specified inItem 1 of Schedule 2 of this licence (‘the permitted species’) and,pursuant to section 48G (2) of the Act, the Director of Fisherieshas also issued a permit to disturb the seabed for the purpose ofinstalling structures necessary for the licensed activity at theundermentioned site, the Minister for Primary Industries, NaturalResources and Regional Development (‘the Minister’) herebygrants to:

Peter G. Vigar (13015)Section 257Hundred of MelvilleCoobowie, S.A. 5583,

a non-exclusive licence to occupy and use the waters specified inItem 1 of Schedule 1 of this licence (‘the site’) for the purpose offarming and taking the permitted species (‘the permitted use’) forthe period commencing on 1 July 1999 and ending, subject to anyearlier termination under this licence, on 30 June 2000 (‘theterm’) subject to the following terms and conditions.

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2096 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

CONDITIONS OF T HIS LICENCE1. Licence

The parties acknowledge and agree that:

1.1 the rights, powers and privileges granted to or vested inthe licensee under this licence are contractual only andshall 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 exclusiverights of entry to and occupation of the site and thatthe rights granted by this licence are exercisable by thelicensee in common with any other occupiers of the sitefrom time to time.

2. Marked-off AreasFor the purposes of section 53A of the Fisheries Act 1982, the

marked-off areas within the site is that area or those areasmarked-off or indicated in the manner set out in Item 2 ofSchedule 1 of this licence.

3. Permitted SpeciesThe licensee:

3.1 must not farm or introduce any species at the site otherthan the permitted species; and

3.2 must not take any wild fish from the site except forrecreational purposes.

4. Permitted UseThe licensee must not use the site for any purpose other than

the permitted use.

5. Permitted MethodsThe licensee:

5.1 must not stock the permitted species at a rate greaterthan 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 therapeuticor prophylactic purpose except with the prior approvalof the Minister;

5.4 must apply the permitted farming methods set out inItem 2 of Schedule 2 of this licence.

5.5 must conduct an environmental monitoring program asset out in Schedule 5 of this licence.

6. Marking and Maintaining the SiteThe licensee:

6.1 must ensure that the site is maintained in a good, tidyand safe condition to the satisfaction of the Minister;

6.2 must remove and lawfully dispose of any waste or debrison the site as soon as is reasonably practicable and inparticular must comply with any guidelines issued fromtime to time by the Minister in relation to the removalfrom the site of any unhealthy or dead fish;

6.3 must maintain all buoys, crosses, and markers on the sitein good condition and in accordance with the coloursspecified in Schedule 1 of this licence; and

6.4 must mark the site boundary in accordance with thespecifications in Schedule 1 of this licence.

7. Site Inspection and SupervisionThe licensee:

7.1 must at all times permit the Minister, his employees,agents or contractors or any employees, agents orcontractors of the Crown to enter the site for thepurposes of inspecting the site, the sea floor and theflora and fauna on or in the vicinity of the site; and

7.2 must comply with all reasonable directions of any suchperson authorised by the Director of Fisheries to inspectthe conduct of the licensee’s activities at the site.

8. Fees and ReturnsThe licensee:

8.1 must pay to the Minister the licence fee in accordancewith Item l of Schedule 3 of this licence;

8.2 must on or before 31 January and 31 July during theterm, submit to the Minister a return supplying all ofthe information described in Schedule 4 of this licence.

9. Compliance With Relevant Laws9.1 the licensee must at all times comply with all laws, by-

laws or regulations in force which relate to the site orthe activities conducted in the site and with all notices,orders or requirements lawfully given or made by anyauthority or authorities in respect of the site;

9.2 in particular, without derogating from the generalrequirement under condition 9 of this licence:

9.2.1 the licensee must not do or permit to be done inupon or about the site anything which in theopinion of the Minister would cause or contributeto the degradation or pollution of any coastalland or the surrounding marine environment; and

9.2.2 in the event that the Minister is satisfied, onreasonable grounds, that the fish taken from thewaters are not fit for human consumption or thatconsumption of fish taken from the waters couldpresent a danger to the health of the consumer,the licensee must, in accordance with a writtennotice from the Minister, cease or suspend theconduct of the permitted use or else conduct thepermitted use as directed within the notice.

10. Public Risk LiabilityThe licensee must at all times indemnify the Minister, his

officers, employees, contractors and agents from and against allclaims, demands, actions, judgments, proceedings, damages, losses,costs, charges and expenses in respect of any loss of life, personalinjury and/or damage to property caused or suffered in anymanner in or about the site.

11. ReleaseThe licensee must use and keep the site at the risk in all things

of the licensee and the licensee must release to the full extentpermitted by law the Minister, his agents, contractors andservants in the absence of any wilful act, omission, default orneglect on their part from all claims and demands of every kindresulting from any accident damage or injury to persons orproperty occurring at the site, including loss or damage to thelicensee’s fixtures or personal property of the licensee.

12. Public Risk InsuranceThe licensee shall at its own cost and expense during the term

effect and keep in full force and effect in respect of the site andthe permitted use a policy of public risk insurance in the jointnames of the licensee and the Minister in which the limits ofpublic risk shall not be less than the amount specified in Item 2 ofSchedule 3 of this licence, or such further amount as the Ministermay from time to time reasonably require, as the amount whichmay be paid out in respect of any one single claim and a policy ofinsurance or copy thereof or a certificate of insurance shall beproduced by the licensee to the Minister on request in writingbeing made by the Minister for its production.

13. Guarantee or Indemnity SchemeThe licensee must either:

13.1 provide a guarantee from its bankers; or

13.2 contribute to an indemnity scheme established forthe aquaculture and fisheries industry and approved bythe Minister,

to and in favour of and for the benefit of the Minister by way ofsecurity for the due and punctual performance by the licensee ofthe terms and conditions of this licence and in particular theobligations of the licensee to rehabilitate the site immediatelyprior to the expiration or sooner determination of the term ofthis licence. Such guarantee or indemnity scheme must haveeffect from the date of commencement of the term.

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28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2097

14. No AssignmentThe licensee acknowledges that this licence is personal and it

must not assign or sublet or deal in any other way with anyinterest in this licence.

15. Default by Licensee and TerminationThe Minister may terminate this licence immediately by notice

in writing served on the licensee if:

15.1 the licensee commits or permits any breach ordefault of the obligations imposed on the licensee bythis licence, and following the giving by the Ministerof written notice of such breach or default, thelicensee either fails to rectify such breach or defaultwithin one calendar month of the date of such notice(or earlier if the circumstances require) or fails tomake diligent progress towards rectifying any suchbreach which is incapable of rectification within thetime so limited; or

15.2 the licensee commits or permits any further breachor default of the obligations imposed on the licenseeby this licence for which the Minister has previouslygiven notice in writing of such breach or defaultpursuant to paragraph 1 of condition 15.1 notwith-standing rectification of the previous breach ordefault; or

15.3 the licence fee referred to in condition 8 is unpaidfor a period of 14 days after notice has been given tothe licensee that it is outstanding; or

15.4 if the licensee is a body corporate, any of thefollowing occur:

15.4.1 the licensee is unable to pay its debts as andwhen they fall due or is otherwise insolvent;

15.4.2 an order is made for the winding up orliquidation of the licensee;

15.4.3 the licensee enters into a scheme ofarrangement, compromise, moratorium orother form of composition with its creditorsor any class of its creditors;

15.4.4 a receiver, a manager or a receiver andmanager, a company administrator or otherinsolvency administrator is appointed to thelicensee; or

15.4.5 a mortgagee, chargee or other encum-brancee is appointed over or takespossession of or appoints an agent to takepossession of all or any of the licensee’sassets; or

15.5 if the licensee is an individual, the licensee:

15.5.1 becomes bankrupt or assigns its estate orenters into a deed of arrangement or otherform of composition for the benefit of thelicensee’s creditors; or

15.5.2 is convicted of an indictable offence.

Termination of this licence by the Minister shall bewithout prejudice to any rights, remedies or actionsthat the Minister may have against the licensee inrespect of any antecedent breach by the licensee ofthe terms and conditions contained in this licence.

16. InterpretationSubject to any inconsistency of subject or context, the

following rules of construction shall be used in the interpretationof this licence:

16.1 any word importing the plural includes the singularand vice versa ;

16.2 any wording importing a gender shall include allother genders;

16.3 a reference to a body corporate shall include anatural person and vice versa ;

16.4 a reference to a recital, party, clause, Schedule orAnnexure is a reference to a recital, party, clause,Schedule or Annexure of this licence;

16.5 the captions, headings, section numbers and clausenumbers appearing in this licence are inserted only asa matter of convenience and in no way affect theconstruction of this licence;

16.6 a reference to a statute shall include all statutesamending, consolidating or replacing the statutesreferred to;

16.7 where two or more persons are named as licensees,this licence shall bind the licensees jointly and each ofthem severally; and

16.8 time is of the essence in respect of any obligationrelating to time in this licence.

17. DelegationAny consent, notice, any consultation or any other thing

which is pursuant to the terms of this licence either required to begiven, done or performed or which may be given, done orperformed by the Minister may for the purposes of this licence beproperly given, done or performed by any duly authorised agentor employee of the Minister.

18. SeveranceIf any term or condition of this licence should be for any

reason unlawful, void, invalid or unenforceable then the offendingterm or condition shall be severed from this licence withoutaffecting the validity or enforceability of the remainder of thislicence.

19. ModificationNo variation of or addition to any provision of this licence

shall be binding upon the Minister and the licensee unless suchvariation or addition is made in writing, signed by both theMinister and the licensee and expressed to be either supplementalto or in substitution for the whole or a part of this licence.

20. Waiver20.1 A waiver of any provision of this licence by the

Minister must both be in writing and be signed by theMinister or by persons duly authorised to execute sucha document on the Minister’s part.

20.2 No waiver by the Minister of a breach of a term orcondition contained in this licence shall operate as awaiver of any breach of the same or any other termor condition contained in this licence.

20.3 No forbearance, delay or indulgence by the Ministerin enforcing the provisions of this licence shallprejudice or restrict the rights of the Minister.

21. Notices21.1 Notices may be served by delivering the same

personally, by mail or facsimile transmission and shallbe:

21.1.1 in writing addressed to the Director ofFisheries, PIRSA, 16th Floor, 25 GrenfellStreet, Adelaide, S.A. 5000 (in the case ofthe Minister) and to the address of thelicensee set out above (in the case of thelicensee);

21.1.2 signed by or on behalf of the sender or by aperson duly authorised in that regard by thesender;

21.1.3 deemed to be duly served or made in thefollowing circumstances:

(a) if delivered, upon delivery;

(b) if sending by mail, upon posting;

(c) if sent by facsimile transmission, uponthe sender’s facsimile producing atransmission report that the facsimilewas satisfactorily sent in its entirety tothe addressee’s facsimile number,

but if delivery is not made before 5 p.m. onany day it shall be deemed to be received at9 a.m. on the next day in that place.

21.2 The Minister and the licensee may each vary theiraddress or facsimile number at any time by writtennotice.

22. SASQAP22.1 The licensee:

22.1.1 must submit to the Manager, SouthAustralian Shellfish Quality AssuranceProgram (‘SASQAP’) for testing suchsample as the Manager, SASQAP requires of

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2098 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

the fish farmed at the site and specified inItem 1.1 of Schedule 2;

22.1.2 must comply with all reasonable require-ments of the Manager, SASQAP in relationto such testing; and

22.1.3 must obtain the written consent of theManager, SASQAP, prior to making any ofthe fish farmed at the site and specified inItem 1.1 of Schedule 2, available for humanconsumption.

Granted on behalf of the Minister by Director of Fisheries,delegate of the Minister, on 22 October 1999.

G. R. MORGAN, Director of Fisheries

The licensee hereby acknowledges and agrees to the terms andconditions of this licence.

Signed by the said P. G. VIGAR

In the presence of: G. WILLIAMS, Witness

SCHEDULE 1

Item 1—The SiteArea applicable to this licence:

Licensed Area LicensedHectares

AGD 66Zone 53752019E 6119887N 10752226E 6119949N752375E 6119517N752166E 6119450N

All structures, equipment, buoys and flotations (except for thatrequired by the Department for Transport, Urban Planning andthe Arts) must be black, dark grey, dark blue, dark brown, or darkgreen coloured materials.

The boundary of the site to be marked either with:

(a) (1) At the corners with posts extending 900 mm abovemean high water springs. Such posts to be markedwith a St Andrews cross, each cross arm measuring900 mm from tip to tip, minimum width 75 mm.

(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 a200 mm strip of yellow retro-reflective tape.

(5) Between the corner posts at intervals not exceeding50 m, buoys not less than 300 mm in diameter.

(6) All buoys, posts, crosses and markers must bemaintained in good condition.

or

(b) (1) At each corner, yellow spar buoys with a StAndrews cross as a top mark placed at least900 mm above the buoy, cross arms 900 mm long x75 mm wide.

(2) The buoys and topmarks must all be colouredyellow and marked with a yellow retro-reflective asin (a) (4).

(3) All buoys, posts, crosses and markers must bemaintained in good condition.

When the site is in navigable water and possible danger tonavigation, lights must be placed on the top of each St Andrewscross that is located at each corner of the site and these lightsmust be yellow in colour and flashing once every 4 seconds andvisible over an arc of 360 degrees for a distance of at least onemile.

Item 2—Marked-Off Areas[Co-ordinates of developed areas within the site to be provided

by the licensee.]

White buoys of at least 12 inches in diameter must be placedaround the whole of the perimeter of the developed areas withinthe site at a distance of no less than 50 m from one another.

SCHEDULE 2

Item 1Permitted SpeciesThe Director of Fisheries has, pursuant to section 50 (2) of the

Act, issued a permit for the release of the fish specified in thisSchedule.

Blue Mussels (Mytilus edulis)Pacific Oysters (Crassostrea gigas)Commercial (King) Scallops (Pecten fumatus)Scallops (Queen) (Equichlamys bifrons)

Item 1.1Fish subject to SASQAP testingBlue Mussels (Mytilus edulis)Pacific Oysters (Crassostrea gigas)Commercial (King) Scallops (Pecten fumatus)Scallops (Queen) (Equichlamys bifrons)

Item 2Permitted Farming MethodsThe Director of Fisheries has, pursuant to section 48G (2) of

the Act, issued a permit to disturb the seabed for the purpose ofinstalling the structures specified in this Schedule.

LonglinesEach unit must not exceed 100 m in length and 2 m in width,

and each unit must be at least 6 m from any other unit.

Item 3Stocking RatesOysters

Size (mm) Number per Hectare3 2 500 000

10 1 600 00020 1 100 00030 750 00040 500 00050 350 00060 200 00070 150 00080 100 000

Mussels and ScallopsSize (mm) Number per Hectare

3 30 000 00010 20 000 00020 16 000 00030 13 000 00040 6 000 00050 4 000 00060 2 000 00070 1 500 00080 1 000 00090 750 000

100 500 000

SCHEDULE 3

Item 1—FeesAnnual licence fees are:

$ Fisheries Research and Development Corporation

Levy per hectare 10 at $12.50 each ........................... 125.00Environmental Monitoring Program Fee per hectare

10 at $22.96 each ...................................................... 229.60Base Licence Fee per hectare 10 at $57 each ................. 570.00SASQAP (Classified Area) per hectare 10 at $60 each ... 600.00

Total Annual Licence Fee............................... 1 524.60Quarterly Instalments.................................................... 381.15

Item 2—Public Risk InsuranceFive million dollars ($5 000 000).

Page 23: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2099

SCHEDULE 4

ReturnsThe licensee must submit the following information to the

Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and31 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 stockacquired and date of acquisition (if relevant, include nameof authority that provided certification that stock wasfree from disease).

10. If any fish were brought into the state, the number offish and the life stage of the fish.

11. If fish were brought into the state, the purpose for whichthey were brought in.

12. Method of disposal of water and packaging use fortransporting the fish.

13. If any disease or symptom of disease occurred in theacquired fish.

14. Method of disposal of diseased or dead fish and thenumber disposed of.

15. Signature, date and telephone number.

16. Use of any chemicals for fish husbandry—type ofchemical and quantity used, purpose and date of use.

SCHEDULE 5

Approved Environmental Monitoring ProgramAn Environmental Monitoring Program for the site must

comply with the general requirements for environmentalmonitoring specified in the Decision Notification Form issued forthe site under Regulation 42 of the Development Regulations1993.

The licensee must submit a draft Environmental MonitoringProgram in writing to the Director of Fisheries within 60 daysafter the grant of the licence by the Minister.

FISHERIES ACT 1982: SECTION 48G (2)

TAKE notice that pursuant to section 48G (2) of the FisheriesAct 1982, I hereby authorise Peter G. Vigar, section 257 in theHundred of Melville, Coobowie, S.A. 5583 (hereinafter referredto as ‘the permit holder’) to disturb the seabed of the Sitespecified in Item 1 of the Schedule for the purpose only ofinstalling the structures specified in Item 2 of the Schedule inaccordance with Marine Mollusc Farming Licence NumberFM00211, (such structures not to be installed on the seabed itself)for the period commencing 1 July 1999 and ending upon theexpiration or earlier termination of Marine Mollusc FarmingLicence Number FM00211, issued pursuant to section 53 of theFisheries Act 1982.

SCHEDULE 1

Item 1—Location Co-ordinatesLicensed Area Licensed

HectaresAGD 66—Zone 53752019E 6119887N 10752226E 6119949N752375E 6119517N752166E 6119450N

Item 2—Structures to be InstalledLonglines

Each unit must not exceed 100 m in length and 2 m in width,and each unit must be at least 6 m from any other unit.

Dated 22 October 1999.G. R. MORGAN, Director of Fisheries

FISHERIES ACT 1982: SECTION 50 (2)

TAKE notice that pursuant to section 50 (2) of the Fisheries Act1982, I hereby authorise Peter G. Vigar, section 257 in theHundred of Melville, Coobowie, S.A. 5583 (hereinafter referredto as the ‘permit holder’) to engage in the activities and to do theacts specified in Schedule 1, subject to the conditions specified inSchedule 2 from the date of this permit ending upon theexpiration or earlier termination of Licence Number FM00211.

SCHEDULE 1The importation and release of Blue Mussels (Mytilus edulis),

Pacific Oysters (Crassostrea gigas), Commercial Scallops (King)(Pecten fumatus), and Scallops (Queen) (Equichlamys bifrons)within the water defined by the following co-ordinates:

Licensed Area LicensedHectares

AGD 66—Zone 53752019E 6119887N 10752226E 6119949N752375E 6119517N752166E 6119450N

SCHEDULE 21. Fish obtained within South Australia for use in the fish farm

shall only be obtained from registered fish farmers, licensedfishers or other persons approved by the Director of Fisheries.

2. The permit holder shall not import any live fish (ova, fry oradult) into South Australia unless the shipment has certificationfrom an appropriate authority in the State from which they areobtained that they are free from all relevant notifiable diseaseslisted in Schedule 4 of the Fisheries (Exotic Fish, Fish Farmingand Fish Diseases) Regulations 1984.

3. Any oysters brought into South Australia must undergo asoakage process whereby they are completely submerged in freshwater for a period of not less than 2 hours before being placed inthe approved structures. Fresh water is deemed to be watersuitable for human consumption or horticultural or agriculturaluse.

4. The permit holder shall not contravene or fail to complywith the Fisheries Act 1982, or any regulations made under theAct, except where specifically permitted by this notice.

5. The permit holder must retain the copy of this permit whichhas been supplied by the Director of Fisheries, and if requested bya Fisheries and Aquaculture Officer, produce that permit forinspection.

Dated 22 October 1999.G. R. MORGAN, Director of Fisheries

FISHERIES ACT 1982

MARINE MOLLUSC FARMING LICENCE FM00324

Licence to Farm Fish under section 53 of the FisheriesAct 1982

WHEREAS the Director of Fisheries has, pursuant to section50 (2) of the Fisheries Act 1982 (‘the Act’), issued a permit tothe undermentioned licensee to release the fish specified inItem 1 of Schedule 2 of this licence (‘the permitted species’) and,pursuant to section 48G (2) of the Act, the Director of Fisherieshas also issued a permit to disturb the seabed for the purpose ofinstalling structures necessary for the licensed activity at theundermentioned site, the Minister for Primary Industries, NaturalResources and Regional Development (‘the Minister’) herebygrants to:

Christine J. Jobst (13019)76 Wells StreetStreaky Bay, S.A. 5680,

Page 24: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

2100 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

a non-exclusive licence to occupy and use the waters specified inItem 1 of Schedule 1 of this licence (‘the site’) for the purpose offarming and taking the permitted species (‘the permitted use’) forthe period commencing on 1 July 1999 and ending, subject to anyearlier termination under this licence, on 30 June 2000 (‘theterm’) subject to the following terms and conditions.

CONDITIONS OF T HIS LICENCE1. Licence

The parties acknowledge and agree that:

1.1 the rights, powers and privileges granted to or vested inthe licensee under this licence are contractual only andshall 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 exclusiverights of entry to and occupation of the site and thatthe rights granted by this licence are exercisable by thelicensee in common with any other occupiers of the sitefrom time to time.

2. Marked-off AreasFor the purposes of section 53A of the Fisheries Act 1982, the

marked-off areas within the site is that area or those areasmarked-off or indicated in the manner set out in Item 2 ofSchedule 1 of this licence.

3. Permitted SpeciesThe licensee:

3.1 must not farm or introduce any species at the site otherthan the permitted species; and

3.2 must not take any wild fish from the site except forrecreational purposes.

4. Permitted UseThe licensee must not use the site for any purpose other than

the permitted use.

5. Permitted MethodsThe licensee:

5.1 must not stock the permitted species at a rate greaterthan 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 therapeuticor prophylactic purpose except with the prior approvalof the Minister;

5.4 must apply the permitted farming methods set out inItem 2 of Schedule 2 of this licence.

5.5 must conduct an environmental monitoring program asset out in Schedule 5 of this licence.

6. Marking and Maintaining the SiteThe licensee:

6.1 must ensure that the site is maintained in a good, tidyand safe condition to the satisfaction of the Minister;

6.2 must remove and lawfully dispose of any waste or debrison the site as soon as is reasonably practicable and inparticular must comply with any guidelines issued fromtime to time by the Minister in relation to the removalfrom the site of any unhealthy or dead fish;

6.3 must maintain all buoys, crosses, and markers on the sitein good condition and in accordance with the coloursspecified in Schedule 1 of this licence; and

6.4 must mark the site boundary in accordance with thespecifications in Schedule 1 of this licence.

7. Site Inspection and SupervisionThe licensee:

7.1 must at all times permit the Minister, his employees,agents or contractors or any employees, agents orcontractors of the Crown to enter the site for thepurposes of inspecting the site, the sea floor and theflora and fauna on or in the vicinity of the site; and

7.2 must comply with all reasonable directions of any suchperson authorised by the Director of Fisheries to inspectthe conduct of the licensee’s activities at the site.

8. Fees and Returns

The licensee:

8.1 must pay to the Minister the licence fee in accordancewith Item l of Schedule 3 of this licence;

8.2 must on or before 31 January and 31 July during theterm, submit to the Minister a return supplying all ofthe information described in Schedule 4 of this licence.

9. Compliance With Relevant Laws9.1 the licensee must at all times comply with all laws, by-

laws or regulations in force which relate to the site orthe activities conducted in the site and with all notices,orders or requirements lawfully given or made by anyauthority or authorities in respect of the site;

9.2 in particular, without derogating from the generalrequirement under condition 9 of this licence:

9.2.1 the licensee must not do or permit to be done inupon or about the site anything which in theopinion of the Minister would cause or contributeto the degradation or pollution of any coastalland or the surrounding marine environment; and

9.2.2 in the event that the Minister is satisfied, onreasonable grounds, that the fish taken from thewaters are not fit for human consumption or thatconsumption of fish taken from the waters couldpresent a danger to the health of the consumer,the licensee must, in accordance with a writtennotice from the Minister, cease or suspend theconduct of the permitted use or else conduct thepermitted use as directed within the notice.

10. Public Risk LiabilityThe licensee must at all times indemnify the Minister, his

officers, employees, contractors and agents from and against allclaims, demands, actions, judgments, proceedings, damages, losses,costs, charges and expenses in respect of any loss of life, personalinjury and/or damage to property caused or suffered in anymanner in or about the site.

11. ReleaseThe licensee must use and keep the site at the risk in all things

of the licensee and the licensee must release to the full extentpermitted by law the Minister, his agents, contractors andservants in the absence of any wilful act, omission, default orneglect on their part from all claims and demands of every kindresulting from any accident damage or injury to persons orproperty occurring at the site, including loss or damage to thelicensee’s fixtures or personal property of the licensee.

12. Public Risk InsuranceThe licensee shall at its own cost and expense during the term

effect and keep in full force and effect in respect of the site andthe permitted use a policy of public risk insurance in the jointnames of the licensee and the Minister in which the limits ofpublic risk shall not be less than the amount specified in Item 2 ofSchedule 3 of this licence, or such further amount as the Ministermay from time to time reasonably require, as the amount whichmay be paid out in respect of any one single claim and a policy ofinsurance or copy thereof or a certificate of insurance shall beproduced by the licensee to the Minister on request in writingbeing made by the Minister for its production.

13. Guarantee or Indemnity SchemeThe licensee must either:

13.1 provide a guarantee from its bankers; or

13.2 contribute to an indemnity scheme established forthe aquaculture and fisheries industry and approved bythe Minister,

to and in favour of and for the benefit of the Minister by way ofsecurity for the due and punctual performance by the licensee ofthe terms and conditions of this licence and in particular theobligations of the licensee to rehabilitate the site immediately

Page 25: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2101

prior to the expiration or sooner determination of the term ofthis licence. Such guarantee or indemnity scheme must haveeffect from the date of commencement of the term.

14. No AssignmentThe licensee acknowledges that this licence is personal and it

must not assign or sublet or deal in any other way with anyinterest in this licence.

15. Default by Licensee and TerminationThe Minister may terminate this licence immediately by notice

in writing served on the licensee if:

15.1 the licensee commits or permits any breach ordefault of the obligations imposed on the licensee bythis licence, and following the giving by the Ministerof written notice of such breach or default, thelicensee either fails to rectify such breach or defaultwithin one calendar month of the date of such notice(or earlier if the circumstances require) or fails tomake diligent progress towards rectifying any suchbreach which is incapable of rectification within thetime so limited; or

15.2 the licensee commits or permits any further breachor default of the obligations imposed on the licenseeby this licence for which the Minister has previouslygiven notice in writing of such breach or defaultpursuant to paragraph 1 of condition 15.1 notwith-standing rectification of the previous breach ordefault; or

15.3 the licence fee referred to in condition 8 is unpaidfor a period of 14 days after notice has been given tothe licensee that it is outstanding; or

15.4 if the licensee is a body corporate, any of thefollowing occur:

15.4.1 the licensee is unable to pay its debts as andwhen they fall due or is otherwise insolvent;

15.4.2 an order is made for the winding up orliquidation of the licensee;

15.4.3 the licensee enters into a scheme ofarrangement, compromise, moratorium orother form of composition with its creditorsor any class of its creditors;

15.4.4 a receiver, a manager or a receiver andmanager, a company administrator or otherinsolvency administrator is appointed to thelicensee; or

15.4.5 a mortgagee, chargee or other encum-brancee is appointed over or takespossession of or appoints an agent to takepossession of all or any of the licensee’sassets; or

15.5 if the licensee is an individual, the licensee:

15.5.1 becomes bankrupt or assigns its estate orenters into a deed of arrangement or otherform of composition for the benefit of thelicensee’s creditors; or

15.5.2 is convicted of an indictable offence.

Termination of this licence by the Minister shall bewithout prejudice to any rights, remedies or actionsthat the Minister may have against the licensee inrespect of any antecedent breach by the licensee ofthe terms and conditions contained in this licence.

16. InterpretationSubject to any inconsistency of subject or context, the

following rules of construction shall be used in the interpretationof this licence:

16.1 any word importing the plural includes the singularand vice versa ;

16.2 any wording importing a gender shall include allother genders;

16.3 a reference to a body corporate shall include anatural person and vice versa ;

16.4 a reference to a recital, party, clause, Schedule orAnnexure is a reference to a recital, party, clause,Schedule or Annexure of this licence;

16.5 the captions, headings, section numbers and clausenumbers appearing in this licence are inserted only asa matter of convenience and in no way affect theconstruction of this licence;

16.6 a reference to a statute shall include all statutesamending, consolidating or replacing the statutesreferred to;

16.7 where two or more persons are named as licensees,this licence shall bind the licensees jointly and each ofthem severally; and

16.8 time is of the essence in respect of any obligationrelating to time in this licence.

17. DelegationAny consent, notice, any consultation or any other thing

which is pursuant to the terms of this licence either required to begiven, done or performed or which may be given, done orperformed by the Minister may for the purposes of this licence beproperly given, done or performed by any duly authorised agentor employee of the Minister.

18. SeveranceIf any term or condition of this licence should be for any

reason unlawful, void, invalid or unenforceable then the offendingterm or condition shall be severed from this licence withoutaffecting the validity or enforceability of the remainder of thislicence.

19. ModificationNo variation of or addition to any provision of this licence

shall be binding upon the Minister and the licensee unless suchvariation or addition is made in writing, signed by both theMinister and the licensee and expressed to be either supplementalto or in substitution for the whole or a part of this licence.

20. Waiver20.1 A waiver of any provision of this licence by the

Minister must both be in writing and be signed by theMinister or by persons duly authorised to execute sucha document on the Minister’s part.

20.2 No waiver by the Minister of a breach of a term orcondition contained in this licence shall operate as awaiver of any breach of the same or any other termor condition contained in this licence.

20.3 No forbearance, delay or indulgence by the Ministerin enforcing the provisions of this licence shallprejudice or restrict the rights of the Minister.

21. Notices21.1 Notices may be served by delivering the same

personally, by mail or facsimile transmission and shallbe:

21.1.1 in writing addressed to the Director ofFisheries, PIRSA, 16th Floor, 25 GrenfellStreet, Adelaide, S.A. 5000 (in the case ofthe Minister) and to the address of thelicensee set out above (in the case of thelicensee);

21.1.2 signed by or on behalf of the sender or by aperson duly authorised in that regard by thesender;

21.1.3 deemed to be duly served or made in thefollowing circumstances:

(a) if delivered, upon delivery;

(b) if sending by mail, upon posting;

(c) if sent by facsimile transmission, uponthe sender’s facsimile producing atransmission report that the facsimilewas satisfactorily sent in its entirety tothe addressee’s facsimile number,

but if delivery is not made before 5 p.m. onany day it shall be deemed to be received at9 a.m. on the next day in that place.

21.2 The Minister and the licensee may each vary theiraddress or facsimile number at any time by writtennotice.

Granted on behalf of the Minister by Director of Fisheries,delegate of the Minister, on 22 October 1999.

Page 26: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

2102 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

G. R. MORGAN, Director of Fisheries

The licensee hereby acknowledges and agrees to the terms andconditions of this licence.

Signed by the said C. J. OBST

In the presence of: R. J. WHETSTONE, J.P., Witness

SCHEDULE 1

Item 1—The SiteArea applicable to this licence:

Licensed Area LicensedHectares

AGD 66—Zone 53425354E 6379294N 10425808E 6379100N425808E 6378880N425354E 6379074N

All structures, equipment, buoys and flotations (except for thatrequired by the Department for Transport, Urban Planning andthe Arts) must be black, dark grey, dark blue, dark brown, or darkgreen coloured materials.

The boundary of the site to be marked either with:

(a) (1) At the corners with posts extending 900 mm abovemean high water springs. Such posts to be markedwith a St Andrews cross, each cross arm measuring900 mm from tip to tip, minimum width 75 mm.

(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 a200 mm strip of yellow retro-reflective tape.

(5) Between the corner posts at intervals not exceeding50 m, buoys not less than 300 mm in diameter.

(6) All buoys, posts, crosses and markers must bemaintained in good condition.

or

(b) (1) At each corner, yellow spar buoys with a StAndrews cross as a top mark placed at least900 mm above the buoy, cross arms 900 mm long x75 mm wide.

(2) The buoys and topmarks must all be colouredyellow and marked with a yellow retro-reflective asin (a) (4).

(3) All buoys, posts, crosses and markers must bemaintained in good condition.

When the site is in navigable water and possible danger tonavigation, lights must be placed on the top of each St Andrewscross that is located at each corner of the site and these lightsmust be yellow in colour and flashing once every 4 seconds andvisible over an arc of 360 degrees for a distance of at least onemile.

Item 2—Marked-Off Areas[Co-ordinates of developed areas within the site to be provided

by the licensee.]

White buoys of at least 12 inches in diameter must be placedaround the whole of the perimeter of the developed areas withinthe site at a distance of no less than 50 m from one another.

SCHEDULE 2

Item 1Permitted SpeciesThe Director of Fisheries has, pursuant to section 50 (2) of the

Act, issued a permit for the release of the fish specified in thisSchedule.

Pacific Oysters (Crassostrea gigas)

Item 2Permitted Farming MethodsThe Director of Fisheries has, pursuant to section 48G (2) of

the Act, issued a permit to disturb the seabed for the purpose ofinstalling the structures specified in this Schedule.

BST LonglinesEach unit must not exceed 105 m in length and 125 cm in

width, and each unit must be at least 7.5 m from any other unit.(A ‘unit’ is a set of 3 parallel longlines bound at each end to acommon strainer post).

Item 3Stocking RatesOysters

Size (mm) Number per Hectare3 2 500 000

10 1 600 00020 1 100 00030 750 00040 500 00050 350 00060 200 00070 150 00080 100 000

SCHEDULE 3

Item 1—FeesAnnual licence fees are:

$ Fisheries Research and Development Corporation Levy per hectare 10 at $12.50 each ...................... 125.00Environmental Monitoring Program Fee per hectare 10 at $22.96 each ..................................... 229.60Base Licence Fee per hectare 10 at $57.each ........... 570.00SASQAP (Classified Area) per hectare 10 at $60.00

each ..................................................................... 600.00Total Annual Licence Fee............................. 1 524.60

Quarterly Instalments........................................... 381.15

Item 2—Public Risk InsuranceFive million dollars ($5 000 000).

SCHEDULE 4

ReturnsThe licensee must submit the following information to the

Minister, c/o Director of Fisheries, PIRSA, 16th Floor, 25Grenfell Street, Adelaide, S.A. 5000 on or before 31 January and31 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 stockacquired and date of acquisition (if relevant, include nameof authority that provided certification that stock wasfree from disease).

10. If any fish were brought into the state, the number offish and the life stage of the fish.

11. If fish were brought into the state, the purpose for whichthey were brought in.

12. Method of disposal of water and packaging use fortransporting the fish.

13. If any disease or symptom of disease occurred in theacquired fish.

14. Method of disposal of diseased or dead fish and thenumber disposed of.

15. Signature, date and telephone number.

16. Use of any chemicals for fish husbandry—type ofchemical and quantity used, purpose and date of use.

Page 27: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2103

SCHEDULE 5

Approved Environmental Monitoring ProgramAn Environmental Monitoring Program for the site must

comply with the general requirements for environmentalmonitoring specified in the Decision Notification Form issued forthe site under Regulation 42 of the Development Regulations1993.

An Environmental Monitoring Program for the site mustcomply with the relevant schedule of Guidelines for LicensingDischarges to the Marine Environment, November 1993,pursuant to the Environment Protection Act 1993.

T he licensee must submit a draft Environmental MonitoringProgram in writing to the Director of Fisheries within 60 daysafter the grant of the licence by the Minister.

FISHERIES ACT 1982: SECTION 48G (2)

TAKE notice that pursuant to section 48G (2) of the FisheriesAct 1982, I hereby authorise Christine J. Jobst, 76 Wells Street,Streaky Bay, S.A. 5680 (hereinafter referred to as the ‘permitholder’) to disturb the seabed of the site specified in Item 1 of theschedule for the purpose only of installing the structures specifiedin Item 2 of the schedule in accordance with Marine MolluscFarming Licence No. FM00324 (such structures not to beinstalled on the seabed itself) for the period commencing 1 July1999 and ending upon the expiration or earlier termination ofMarine Mollusc Farming Licence No. FM00324, issued pursuantto section 53 of the Fisheries Act 1982.

SCHEDULE 1

Item 1—Location Co-ordinatesLicensed Area Licensed

HectaresAGD 66—Zone 53425354E 6379294N 10425808E 6379100N425808E 6378880N425354E 6379074N

Item 2—Structures to be InstalledBST LonglinesDated 22 October 1999.

G. R. MORGAN, Director of Fisheries

FISHERIES ACT 1982: SECTION 50 (2)

TAKE notice that pursuant to section 50 (2) of the Fisheries Act1982, I hereby authorise Christine J. Jobst, 76 Wells Street,Streaky Bay, S.A. 5680 (hereinafter referred to as the ‘permitholder’) to engage in the activities and to do the acts specified inSchedule 1, subject to the conditions specified in Schedule 2 fromthe date of this permit ending upon the expiration or earliertermination of Licence No. FM00324.

SCHEDULE 1The importation and release of Pacific Oysters (Crassostrea

gigas) within the water defined by the following co-ordinates:

Licensed Area LicensedHectares

AGD 66—Zone 53425354E 6379294N 10425808E 6379100N425808E 6378880N425354E 6379074N

SCHEDULE 21. Fish obtained within South Australia for use in the fish farm

shall only be obtained from registered fish farmers, licensedfishers or other persons approved by the Director of Fisheries.

2. The permit holder shall not import any live fish (ova, fry oradult) into South Australia unless the shipment has certificationfrom an appropriate authority in the State from which they areobtained that they are free from all relevant notifiable diseaseslisted in Schedule 4 of the Fisheries (Exotic Fish, Fish Farmingand Fish Diseases) Regulations 1984.

3. Any oysters brought into South Australia must undergo asoakage process whereby they are completely submerged in freshwater for a period of not less than 2 hours before being placed inthe approved structures. Fresh water is deemed to be watersuitable for human consumption or horticultural or agriculturaluse.

4. The permit holder shall not contravene or fail to complywith the Fisheries Act 1982, or any regulations made under theAct, except where specifically permitted by this notice.

5. The permit holder must retain the copy of this permit whichhas been supplied by the Director of Fisheries, and if requested bya Fisheries and Aquaculture Officer, produce that permit forinspection.

Dated 22 October 1999.

G. R. MORGAN, Director of Fisheries

GEOGRAPHICAL NAMES ACT 1991

FOR PUBLIC CONSULTATION

Notice of Intention to Assign Boundaries and Names to PlacesNOTICE is hereby given pursuant to the provisions of the aboveAct, that the Surveyor-General proposes to assign the namesMAKIN, McCALLUM, SHAUGH, MOUNT CHARLES,LAFFER, KEITH, SHERWOOD, BRIMBAGO, WIRREGA,LOWAN VALE, CANNAWIGARA, SENIOR, PETHERICK,WILLALOOKA, CAREW, KONGAL, BUCKINGHAM,MUNDULLA, BORDERTOWN, PINE HILL, WOLSELEY,SWEDE FLAT, BORDERTOWN SOUTH, POOGINAGORIC,CUSTON, PADTHAWAY, WESTERN FLAT and BANGHAMto those areas within the District Council of Tatiara and shownnumbered 1 to 28 respectively on Rack Plan 848.

Copies of Rack Plan 848 can be viewed in the Office of theSurveyor-General, Adelaide and the offices of the District Councilof Tatiara.

Submissions in writing regarding this proposal may be lodgedwith the Secretary, Geographical Names Advisory Committee,300 Richmond Road, Netley, S.A. 5037 (P.O. Box 550,Marleston, S.A. 5033) within one month of the publication ofthis notice.

Dated 14 October 1999.

P. M. KENTISH , Surveyor-General, Department forAdministrative and Information Services.

DEHAA 04/0203

GEOGRAPHICAL NAMES ACT 1991

FOR PUBLIC CONSULTATION

Notice of Intention to Assign Boundaries to PlacesNOTICE is hereby given pursuant to the provisions of the aboveAct, that the Surveyor-General proposes to assign the namesHAMILTON, ALLENDALE NORTH, HANSBOROUGH,BAGOT WELL, KAPUNDA, KOONUNGA, ST. KITTS,TRURO, STOCKWELL, BETHEL, FORDS, ST. JOHNS,MOPPA, GREENOCK, NURIOOTPA and EBENEZER to thoseareas within the District Council of Kapunda and Light and shownnumbered 1 to 16 respectively on Rack Plan 855.

Copies of Rack Plan 855 can be viewed at the office of theSurveyor-General, 101 Grenfell Street, Adelaide or at the officeof the District Council of Kapunda and Light.

Submissions in writing regarding this proposal may be lodgedwith the Secretary, Geographical Names Advisory Committee,Building 2, 300 Richmond Road, Netley (P.O. Box 550,Marleston, S.A. 5033) within one month of the publication ofthis notice.

Dated 8 October 1999.

P. M. KENTISH , Surveyor-General, Department forAdministrative and Information Services.

DEHAA 04/0186

GOVERNMENT GAZETTE ADVERTISEMENT RATES

To apply from 1 July 1999

Page 28: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

2104 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

$

Agents, Ceasing to Act as.................................................. 28.50

Associations:Incorporation................................................................ 14.50Intention of Incorporation............................................ 35.75Transfer of Properties................................................... 35.75

Attorney, Appointment of ............................................... 28.50

Bailiff’s Sale...................................................................... 35.75

Cemetery Curator Appointed............................................ 21.20

Companies:Alteration to Constitution............................................. 28.50Capital, Increase or Decrease of .................................... 35.75Ceasing to Carry on Business ......................................... 21.20Declaration of Dividend ................................................ 21.20Incorporation................................................................ 28.50Lost Share Certificates:

First Name................................................................. 21.20Each Subsequent Name............................................... 7.30

Meeting Final ................................................................ 23.80Meeting Final Regarding Liquidator’s Report on

Conduct of Winding Up (equivalent to ‘FinalMeeting’)First Name ................................................................. 28.50Each Subsequent Name............................................... 7.30

Notices:Call............................................................................ 35.75Change of Name ........................................................ 14.50Creditors.................................................................... 28.50Creditors Compromise of Arrangement...................... 28.50Creditors (extraordinary resolution that ‘the Com-

pany be wound up voluntarily and that a liquidatorbe appointed’) ........................................................ 35.75

Release of LiquidatorApplicationLarge Ad. ......... 57.00Release Granted..................... 35.75

Receiver and Manager Appointed............................... 33.25Receiver and Manager Ceasing to Act ........................ 28.50Restored Name........................................................... 27.00Petition to Supreme Court for Winding Up................ 49.50Summons in Action.................................................... 42.25Order of Supreme Court for Winding Up Action ........ 28.50Register of InterestsSection 84 (1) Exempt ............ 64.00Removal of Office ..................................................... 14.50Proof of Debts........................................................... 28.50Sales of Shares and Forfeiture..................................... 28.50

Estates:Assigned........................................................................ 21.20Deceased PersonsNotice to Creditors, etc. ................. 35.75

Each Subsequent Name............................................... 7.30Deceased PersonsClosed Estates................................. 21.20

Each Subsequent Estate .............................................. 0.90Probate, Selling of ......................................................... 28.50Public Trustee, each Estate............................................ 7.30

$

Firms:Ceasing to Carry on Business (each insertion) ................ 21.20Discontinuance Place of Business................................... 21.20

LandReal Property Act:Intention to Sell, Notice of............................................ 35.75Lost Certificate of Title Notices.................................... 35.75Cancellation, Notice of (Strata Plan) ............................. 35.75

Mortgages:Caveat Lodgment .......................................................... 14.50Discharge of .................................................................. 15.30Foreclosures................................................................... 14.50Transfer of .................................................................... 14.50Sublet............................................................................. 7.30

LeasesApplication for Transfer (2 insertions) each........ 7.30

Lost Treasury Receipts (3 insertions) each ........................ 21.20

Licensing........................................................................... 42.25

Municipal or District Councils:Annual Financial StatementForms 1 and 2 ................. 400.00Electricity SupplyForms 19 and 20 ............................ 283.00Default in Payment of Rates:

First Name ................................................................. 57.00Each Subsequent Name ............................................... 7.30

Noxious Trade................................................................... 21.20

Partnership, Dissolution of................................................ 21.20

Petitions (small)................................................................ 14.50

Registered Building Societies (from Registrar-General)......................................................................... 14.50

Register of Unclaimed MoneysFirst Name ..................... 21.20Each Subsequent Name................................................... 7.30

Registers of MembersThree pages and over:Rate per page (in 8pt).................................................... 181.00Rate per page (in 6pt).................................................... 239.00

Sale of Land by Public Auction.......................................... 36.25

Advertisements ................................................................. 2.00

Advertisements, other than those listed are charged at $2.00per column line, tabular one-third extra.

Notices by Colleges, Universities, Corporations and DistrictCouncils to be charged at $2.00 per line.

Where the notice inserted varies significantly in length fromthat which is usually published a charge of $2.00 per column linewill be applied in lieu of advertisement rates listed.

South Australian Government publications are sold on thecondition that they will not be reproduced without priorpermission from the Government Printer.

GOVERNMENT GAZETTE NOTICESALL private advertisements forwarded for publication in the South Australian Government Gazette must be PAID FORPRIOR TO INSERTION; and all notices, from whatever source, should be legibly written on one side of the paper only and sentto Riverside 2000 so as to be received no later than 4 p.m. Tuesday preceding the day of publication. Phone 82071045 or Fax 8207 1040. E-mail: [email protected]. Send as attachments in Word format and please confirm yourtransmission with a faxed copy of your document, including the date the notice is to be published and to whom the notice will becharged.

Page 29: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2105

MISCELLANEOUS LEGISLATION AND GOVERNMENT PUBLICATIONS PRICES AS FROM 1 JULY 1999

Acts, Bills, Rules, Parliamentary Papers and Regulations

Pages Main Amends Pages Main Amends

1-16 1.60 0.75 497-512 23.30 22.4017-32 2.30 1.45 513-528 23.90 23.0033-48 2.90 2.10 529-544 24.70 23.8049-64 3.70 2.75 545-560 25.30 24.5065-80 4.35 3.55 561-576 26.00 25.2081-96 5.00 4.20 577-592 26.75 25.75

97-112 5.75 4.85 593-608 27.50 26.50113-128 6.40 5.60 609-624 28.25 27.50129-144 7.20 6.30 625-640 28.75 28.00145-160 7.90 6.95 641-656 29.50 28.50161-176 8.60 7.70 657-672 30.00 29.25177-192 9.25 8.40 673-688 31.00 30.00193-208 9.95 9.10 689-704 31.75 30.75209-224 10.60 9.75 705-720 32.25 31.50225-240 11.25 10.50 721-736 33.25 32.00241-257 12.05 11.10 737-752 33.75 32.75258-272 12.80 11.80 753-768 34.50 33.25273-288 13.45 12.60 769-784 35.00 34.25289-304 14.10 13.20 785-800 35.75 35.00305-320 14.80 13.90 801-816 36.25 35.50321-336 15.55 14.60 817-832 37.25 36.25337-352 16.20 15.40 833-848 38.00 37.00353-368 16.90 16.05 849-864 38.50 37.75369-384 17.60 16.80 865-880 39.25 38.50385-400 18.30 17.50 881-896 39.75 39.00401-416 19.00 18.10 897-912 40.75 39.75417-432 19.75 18.90 913-928 41.25 40.75433-448 20.40 19.50 929-944 42.00 41.25449-464 21.15 20.20 945-960 43.00 41.75465-480 21.75 20.90 961-976 43.50 42.50481-496 22.40 21.50 977-992 44.25 43.00

Legislation—Acts, Regulations, etc: $ Subscriptions:

Acts................................................................................................................................................................................. 144.00All Bills as Laid................................................................................................................................................................ 344.00Rules and Regulations....................................................................................................................................................... 344.00Parliamentary Papers....................................................................................................................................................... 344.00Bound Acts ...................................................................................................................................................................... 159.00Index ............................................................................................................................................................................... 77.00

Government GazetteCopy ................................................................................................................................................................................... 3.85Subscription......................................................................................................................................................................... 190.00

HansardCopy ................................................................................................................................................................................... 10.30Subscription—per session (issued weekly) ............................................................................................................................ 298.00Cloth bound—per volume.................................................................................................................................................... 128.00Subscription—per session (issued daily)................................................................................................................................ 298.00

Legislation on DiskWhole Database .................................................................................................................................................................. 2 201.00Annual Subscription for fortnightly updates......................................................................................................................... 677.00Individual Act(s) including updates....................................................................................................................................... POA

Postage Extra on Individual Copies

All Legislation, Government Gazette, Hansard and Legislation on disk are available from:Counter Sales: Information SA (State Government Bookshop)

Australis Centre, Ground Floor, 77 Grenfell Street, Adelaide, S.A. 5000.Phone: (08) 8204 1900. Fax: (08) 8204 1909

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Mail Orders: Subscriptions and Standing Orders:Phone: (08) 8204 9447, (08) 8204 9448. Fax: (08) 8204 1898P.O. Box 1, Rundle Mall, Adelaide, S.A. 5000.

Page 30: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

2106 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

Christmas/New Year Holiday Publishing Information

Last Gazette for 1999 will be Thursday, 23 December 1999

Closing date for notices for publication will be4 p.m. Tuesday, 21 December 1999

First Gazette for 2000 will be Thursday, 6 January 2000Closing date for notices for publication will be

4 p.m. Tuesday, 4 January 2000

(There will not be a Gazette in the period between these two dates)

It would be appreciated if Government Gazette notices for publication be addressed to:

Riverside 2000Box 9Plaza LevelRiverside CentreNorth Terrace, Adelaide, S.A. 5000

AusDoc subscribers:

Riverside 2000DX 56508

Facsimile transmission of notices:

(08) 8207 1040Attention: Government Gazette Section

Inquiries telephone: 8207 1045

Private advertisements can be lodged and paid for at:

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Phone: 8204 1906

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When sending a document via Email please confirm your transmission with a faxed copy, including the datethe notice is to be published.

Page 31: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2107

HOUSING IMPROVEMENT ACT 1940

WHEREAS by notice published in the Government Gazette on the dates mentioned in the following table the South Australian HousingTrust did declare the houses described in the said table to be substandard for the purposes of Part VII of the Housing Improvement Act1940, and whereas the South Australian Housing Trust is satisfied that each of the houses described hereunder has ceased to besubstandard, notice is hereby given that, in exercise of the powers conferred by the said Part, the South Australian Housing Trust doeshereby revoke the said declaration in respect of each house.

Address of House Allotment, Section, etc. Certificate of Title Volume Folio

Date and page ofGovernment Gazette inwhich notice declaringhouse to be substandard

published

4 Flagstaff Road, Darlington Allotment 72 of subdivision of portion ofsection 123 and other land, Hundred ofNoarlunga

2854 148 29.2.96, page 1333

464 Tapleys Hill Road, FulhamGardens

Allotment 31 in deposited plan 3343,Hundred of Yatala

5124 237 7.7.94, page 21

40 Jacob Street, Gawler Allotment 53 in filed plan 154354,Hundreds of Mudla Wirra and Nuriootpa

5544 610 15.9.77, page 773

42 Jacob Street, Gawler Allotment 53 in filed plan 154354,Hundreds of Mudla Wirra and Nuriootpa

5544 610 15.9.77, page 773

358 Port Road, Hindmarsh Portion of allotment 1 of subdivision ofsection 353, Hundred of Yatala

2623 32 13.11.86, page 1612

70 Bridge Street, Kensington Allotment 1 in deposited plan 46881,Hundred of Adelaide

5424 349 21.11.63, page 1624

216 South Road, Mile End Allotment 11 in deposited plan 40389,Hundred of Adelaide

5213 861 26.11.92, page 1636

17A Victoria Street, Mile End Allotment 24 in filed plan 5972, Hundred ofAdelaide

5554 417 15.11.79, page 1287

8 Paringa Street, Parkside Allotment 64 in filed plan 14669, Hundredof Adelaide

3391 111 24.10.96, page 1421

49 Wood Avenue, Ridleyton(Brompton)

Allotment 175 in deposited plan 881,Hundred of Yatala

5135 364 23.2.78, page 708

Flat at rear of 11 Seaton Terrace,Seaton Park

Allotment 23 in filed plan 117735, Hundredof Yatala

5461 580 15.1.76, page 194

44 Young Street, Solomontown Allotment 262 in filed plan 184344,Hundred of Pirie

5508 841 23.12.92, page 2295

57 Ballantyne Street, Thebarton Allotment 38 of subdivision of block 18,portion of section 46, Hundred ofAdelaide

666 115 21.12.67, page 2672

41 Chapel Street, Thebarton Allotment 67 in filed plan 6527, Hundred ofAdelaide

5680 297 29.11.79, page 1867

64 Maria Street, Thebarton Allotment 147 in filed plan 6531, Hundredof Adelaide

5214 763 25.6.92, page 2055

4 Jervois Street, Torrensville Portion of allotments 56 and 57 of portionof section 94, Hundred of Adelaide

4390 966 13.2.51, page 511

11 Hereford Avenue, TrinityGardens

Allotment 110 of portion of section 287,Hundred of Adelaide

1259 19 26.10.95, page 1186

11 Glen Stuart Road, Woodforde Allotment 52 in filed plan 4985, Hundred ofAdelaide

5504 361 24.10.96, page 1421

Dated at Adelaide, 28 October 1999. G. BLACK , General Manager, Housing Trust

HOUSING IMPROVEMENT ACT 1940

NOTICE is hereby given that the South Australian Housing Trust in the exercise of the powers conferred by the Housing ImprovementAct 1940, does hereby declare the houses described in the table hereunder to be substandard for the purposes of Part VII of the HousingImprovement Act 1940.

No. of House and Street Locality Allotment, Section, etc. Certificate of Title Volume Folio

11 Blanche Street Edithburgh Allotment 230 in filed plan 195652, Hundred ofMelville

5429 793

19 Crase Street Kapunda Allotment 256 in filed plan 176328, Hundred ofKapunda

5580 735

3 East Terrace Kensington Gardens Portion of allotments 198 and 199 ofsubdivision of portion of section 270,Hundred of Adelaide

1330 116

54 Boothby Street Panorama Allotment 41 in deposited plan 3317, Hundredof Adelaide

5246 115

Dated at Adelaide, 28 October 1999. G. BLACK , General Manager, Housing Trust

Page 32: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

2108 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

HOUSING IMPROVEMENT ACT 1940

WHEREAS by notice published in the Government Gazette on the dates mentioned in the following table the South Australian HousingTrust did declare the houses described in the said table to be substandard for the purposes of Part VII of the Housing Improvement Act1940, the South Australian Housing Trust in the exercise of the powers conferred by the said Part, does hereby fix as the maximumrental per week which shall be payable subject to section 55 of the Residential Tenancies Act 1995, in respect of each house describedin the following table the amount shown in the said table opposite the description of such house and this notice shall come into forceon the date of this publication in the Gazette.

Address of House Allotment, Section, etc. Certificate of Title Volume Folio

Date and page ofGovernment Gazette inwhich notice declaring house to be substandard

published

Maximum rentalper week payable

in respect ofeach house

$

333 Carrington Street,Adelaide

Allotment 92 in filed plan170511, Hundred ofAdelaide

5322 984 28.1.93, page 484 200.00

24A Surflen Street, Adelaide Portion of Town Acre 526,City of Adelaide

2649 13 29.1.42, page 179 80.00

31 Second Street, Ardrossan Allotment 3 in filed plan147858, Hundred ofCunningham

5271 294 28.11.96, page 1755 95.00

39 Minchington Road,Elizabeth North

Allotment 731 in depositedplan 6448, Hundred ofMunno Para

5260 339 26.2.98, page 1010 78.00

Lots 2 and 3, 39 MaxwellStreet, Kapunda

Allotment 2 in deposited plan206, Hundred of Kapunda

Allotment 3 in deposited plan206, Hundred of Kapunda

5570

5573

830

95215.11.73, page 2937 80.00

35 South Terrace, Kapunda Allotment 524 in filed plan28694, Hundred of Kapunda

5400 214 26.8.99, page 959 74.00

First room right 89 NorthcoteStreet, Kilburn

Allotment 206 in depositedplan 1783, Hundred ofYatala

5506 405 23.12.71, page 2643 60.00(furnished

incl. powerand water)

First room left 89 NorthcoteStreet, Kilburn

Allotment 206 in depositedplan 1783, Hundred ofYatala

5506 405 23.12.71, page 2643 60.00(furnished

incl. powerand water)

Room off kitchen 89Northcote Street, Kilburn

Allotment 206 in depositedplan 1783, Hundred ofYatala

5506 405 23.12.71, page 2643 55.00(furnishedinc. powerand water)

Sleepout room 89 NorthcoteStreet, Kilburn

Allotment 206 in depositedplan 1783, Hundred ofYatala

5506 405 23.12.71, page 2643 50.00(furnished

incl. powerand water)

East facing room in detachedbuilding at rear of 89Northcote Street, Kilburn

Allotment 206 in depositedplan 1783, Hundred ofYatala

5506 405 23.12.71, page 2643 60.00(furnished

incl. powerand water)

West facing room in detachedbuilding at rear of 89Northcote Street, Kilburn

Allotment 206 in depositedplan 1783, Hundred ofYatala

5506 405 23.12.71, page 2643 45.00(furnished

incl. powerand water)

South facing room in detachedbuilding at rear of 89Northcote Street, Kilburn

Allotment 206 in depositedplan 1783, Hundred ofYatala

5506 405 23.12.71, page 2643 45.00(furnished

incl. powerand water)

3 Kinross Avenue, LowerMitcham

Allotment 72 in filed plan14653, Hundred of Adelaide

5133 954 26.8.99, page 959 100.00

46 Adelaide Road, MountBarker

Allotment 49 in filed plan160226, Hundred ofMacclesfield

5662 913 27.6.96, page 3120 90.00

39 Hill Street, Parkside Allotment 173 in depositedplan 1005, Hundred ofAdelaide

5309 501 26.6.97, page 3078 150.00

Lot 69, Railway Terrace,Paskeville

Allotment 69, Town ofPaskeville, Hundred ofKulpara

5294 949 27.11.97, page 1432 65.00

House at ‘Post Office Lane’(also known as Lot 2)Piccadilly Road,Summertown

Allotment 2 in filed plan5513, Hundred ofOnkaparinga

5459 161 29.7.99, page 587 71.00

Address of House Allotment, Section, etc. Certificate of Title

Date and page ofGovernment Gazette inwhich notice declaring

Maximum rentalper week payable

in respect of

Page 33: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2109

Volume Folio house to be substandardpublished

each house$

62 Maria Street, Thebarton Allotment 146 in filed plan6531, Hundred of Adelaide

5233 444 14.11.89, page 1505 125.00

4 Charles Street, Wallaroo Portion of allotment 232,Town of Wallaroo, Countyof Daly

3192 54 29.10.98, page 1289 66.00

26 Bower Street, Woodville Portion of allotment 120 ofsubdivision of block 3 andothers of section 405,Hundred of Yatala

1292 151 26.10.89, page 1320 98.00

Dated at Adelaide, 28 October 1999. G. BLACK , General Manager, Housing Trust

HARBORS AND NAVIGATION ACT 1993

Determination of State Crewing CommitteeTHE following determination made on 22 September 1999, bythe State Crewing Committee is published pursuant to part 6,section 45 of the Harbors and Navigation Act 1993.

DIANA LAIDLAW, Minister for Transportand Urban Planning.

TSA 99/08333

HARBORS AND NAVIGATION ACT 1993

Determination of State Crewing Committee in respect of theM.V. ‘Silver Image’

THE following determination is made by the State CrewingCommittee pursuant to part 6, section 45 of the Harbors andNavigation Act 1993, in respect of the Silver Image whilstoperating within 200 nautical miles of the coast of SouthAustralia.

Minimum complementTwo personsMaster and Mate

Minimum Qualifications of CrewMasterCertificate of Competency as Master Class 4 or

Master Class 5 with Master Class 4 Offshore Navigation.

MateCertificate of Competency as Master Class 5.

NOTE: Either the Master or Mate must possess a MarineEngine Driver Grade I Certificate of Competency.

CAPT. W. J. STUART, Presiding Member,State Crewing Committee.

LAND AND BUSINESS (SALE AND CONVEYANCING) ACT1994

Section 23TAKE notice that, pursuant to section 23 (3) of the Land andBusiness (Sale and Conveyancing) Act 1994, I, Kenneth TrevorGriffin, Minister for Consumer Affairs, do hereby exempt theperson named in Schedule 1 from the application of section23 (2) of the Act in relation to the purchase of the land specifiedin Schedule 2.

SCHEDULE 1Neil Ottoson, officer/employee of Neil Ottoson Real Estate

Pty Ltd.SCHEDULE 2

The whole of the land described in certificate of title registerbook volume 3383, folio 81, situated at part Lots 2 and 23,Hundred of Rivoli Bay known as 50 Beach Road, Beachport, S.A.5280.

Signed for and on behalf of the Minister for Consumer Affairsby the Acting Commissioner for Consumer Affairs:

W. J. SPEHR, Acting Commissioner

LAND AND BUSINESS (SALE AND CONVEYANCING) ACT1994

Section 23TAKE notice that, pursuant to section 23 (3) of the Land andBusiness (Sale and Conveyancing) Act 1994, I, Kenneth TrevorGriffin, Minister for Consumer Affairs, do hereby exempt the

person named in Schedule 1 from the application of section 23(2) of the Act in relation to the purchase of the land specified inSchedule 2.

SCHEDULE 1

David Andrew Nitschke, an officer/employee of WillsonProperties Pty Ltd.

SCHEDULE 2

The whole of the land described in Certificate of Title RegisterBook Volume 2484, folio 105 situated at 46 Adelaide Road,Mount Barker, S.A. 5251.

Dated 28 October 1999.

Signed for and on behalf of the Minister for Consumer Affairsby the Acting Commissioner for Consumer Affairs:

W. J. SPEHR, Acting Commissioner

LIQUOR LICENSING ACT 1997 AND GAMINGMACHINE ACT 1992

Notice of ApplicationNOTICE is hereby given, pursuant to section 52 of the LiquorLicensing Act 1997 and section 29 of the Gaming Machine Act1992, that Zero In Pty Ltd (ACN 008 131 388), 159 BillingsRoad, Pages Flat, S.A. 5210 has applied to the Liquor and GamingCommissioner for the transfer of a Hotel Licence and a GamingMachine Licence in respect of premises situated at 55 GeorgeStreet, Millicent and known as The Grand Hotel.

The applications have been set down for hearing on 26November 1999.

Any person may object to the application by lodging a noticeof objection in the prescribed form with the Licensing Authority,and serving a copy of the notice on the applicant at theapplicant’s address given above, at least seven days before thehearing date.

Plans in respect of the premises the subject of the applicationare open to public inspection without fee at the Office of theLiquor and Gaming Commissioner, 9th Floor, East Wing, 50Grenfell Street, Adelaide, S.A. 5000.

Dated 19 October 1999.

Applicant

Page 34: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

2110 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

LIQUOR LICENSING ACT 1997 AND GAMINGMACHINE ACT 1992

Notice of ApplicationNOTICE is hereby given, pursuant to section 52 of the LiquorLicensing Act 1997 and section 29 of the Gaming Machine Act1992, that St Vincent Hotel Nominees Pty Ltd (ACN 090 039848), has applied to the Liquor and Gaming Commissioner for thetransfer of a Hotel Licence and a Gaming Machine Licence inrespect of premises situated at 28 Jetty Road, Glenelg, S.A. 5045and known as St Vincent Hotel.

The applications have been set down for hearing on 26November 1999.

Any person may object to the application by lodging a noticeof objection in the prescribed form with the Licensing Authority,and serving a copy of the notice on the applicant at theapplicant’s address given above, at least seven days before thehearing date.

Plans in respect of the premises the subject of the applicationare open to public inspection without fee at the Office of theLiquor and Gaming Commissioner, 9th Floor, East Wing, 50Grenfell Street, Adelaide, S.A. 5000.

Dated 21 October 1999.Applicant

LIQUOR LICENSING ACT 1997 AND GAMINGMACHINE ACT 1992

Notice of ApplicationNOTICE is hereby given, pursuant to section 52 of the LiquorLicensing Act 1997 and section 29 of the Gaming Machine Act1992, that Bowden Investors Pty Ltd (ACN 089 984 958), 14Stamford Court, Adelaide, S.A. 5000 has applied to the Liquorand Gaming Commissioner for the transfer of a Hotel Licenceand a Gaming Machine Licence in respect of premises situated at29 Torrens Road, Ovingham, S.A. 5082 and known as BowdenHill Tavern.

The applications have been set down for hearing on 26November 1999.

Any person may object to the application by lodging a noticeof objection in the prescribed form with the Licensing Authority,and serving a copy of the notice on the applicant at theapplicant’s address given above, at least seven days before thehearing date.

Plans in respect of the premises the subject of the applicationare open to public inspection without fee at the Office of theLiquor and Gaming Commissioner, 9th Floor, East Wing, 50Grenfell Street, Adelaide, S.A. 5000.

Applicant

LIQUOR LICENSING ACT 1997

Notice of ApplicationNOTICE is hereby given, pursuant to section 52 (2) (b) of theLiquor Licensing Act 1997, that Camillo Arrizza, Mary S. L.Arrizza, David John Arrizza and Anthony James Arrizza haveapplied to the Licensing Authority for the transfer of aRestaurant Licence in respect of premises situated at Shop 64,City Cross, Rundle Mall, Adelaide, S.A. 5000 and known as BillyBaxter’s Coffee House—City Cross.

The application has been set down for hearing on 26November 1999.

Any person may object to the application by lodging a noticeof objection in the prescribed form with the Licensing Authority,and serving a copy of the notice on the applicants at theapplicants’ address given above, at least seven days before thehearing date.

Plans in respect of the premises the subject of the applicationare open to public inspection without fee at the Office of theLiquor and Gaming Commissioner, 9th Floor, East Wing, 50Grenfell Street, Adelaide, S.A. 5000.

Applicants

LIQUOR LICENSING ACT 1997

Notice of ApplicationNOTICE is hereby given, pursuant to section 52 (2) (b) of theLiquor Licensing Act 1997, that Bickfords Australia Pty Ltd, 34Starr Avenue, North Plympton, S.A. 5037 has applied to theLicensing Authority for the removal of a Wholesale LiquorMerchant’s Licence situated at 8 Peekarra Street, Regency Park,S.A. 5010 and to be situated at 34 Starr Avenue, North Plymptonand known as Lloyd Products Pty Ltd.

The application has been set down for hearing on 26November 1999.

Any person may object to the application by lodging a noticeof objection in the prescribed form with the Licensing Authority,and serving a copy of the notice on the applicant at theapplicant’s address given above, at least seven days before thehearing date.

Plans in respect of the premises the subject of the applicationare open to public inspection without fee at the Office of theLiquor and Gaming Commissioner, 9th Floor, East Wing, 50Grenfell Street, Adelaide, S.A. 5000.

Dated 22 October 1999.

Applicant

LIQUOR LICENSING ACT 1997

Notice of ApplicationNOTICE is hereby given, pursuant to section 52 (2) (b) of theLiquor Licensing Act 1997, that Denis Vorilas and AngeleniAntoniou have applied to the Licensing Authority for thetransfer of a Restaurant Licence in respect of the premisessituated at 1st Floor, 26 Semaphore Road, Semaphore, S.A. 5019and known as Yasou Greek Restaurant and Taverna.

The application has been set down for hearing on 26November 1999.

ConditionsThe following licence conditions are sought:

• The licensee is authorised to sell liquor on any day exceptGood Friday and Christmas Day for consumption on thelicensed premises by persons:

(a) seated at a table; or

(b) attending a function at which food is provided.

• Extended Trading Authorisation—Hours of Operation:Monday to Friday, midnight to 5 a.m. the followingmorning.

Any person may object to the application by lodging a noticeof objection in the prescribed form with the Licensing Authority,and serving a copy of the notice on the applicants at theapplicants’ address given above, at least seven days before thehearing date.

Plans in respect of the premises the subject of the applicationare open to public inspection without fee at the Office of theLiquor and Gaming Commissioner, 9th Floor, East Wing, 50Grenfell Street, Adelaide, S.A. 5000.

Dated 25 October 1999.

Applicants

LIQUOR LICENSING ACT 1997

Notice of ApplicationNOTICE is hereby given, pursuant to section 52 (2) (b) of theLiquor Licensing Act 1997, that Cheetah Pty Ltd has applied tothe Licensing Authority for a Variation of Conditions of Licencein respect of premises situated at 9 Park Terrace, Salisbury, S.A.5108 and known as Rockpool Billiard Saloons.

The application has been set down for hearing on26 November 1999.

Page 35: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2111

ConditionsThe following licence conditions are sought:

Removal of existing Conditions 2, 3 and 4 on the licencewhich reads as follows:

2. Liquor shall only be sold or supplied to or consumed bypersons who are about to, in the process of or who haveplayed a cue sport at the licensed premises or personsaccompanying those persons.

3. A prominent sign shall be erected and maintained at themain entrance to the licensed premises notifying patronsthat liquor shall only be sold or supplied to or consumed bypersons who are about to or who are in the process of or whohave played a cue sport at the licensed premises, or personsaccompanying those persons.

4. There shall be no live entertainment other than by wayof disc jockey provided on the licensed premises.

Any person may object to the application by lodging a noticeof objection in the prescribed form with the Licensing Authority,and serving a copy of the notice on the applicant at theapplicant’s address given above, at least seven days before thehearing date.

Plans in respect of the premises the subject of the applicationare open to public inspection without fee at the Office of theLiquor and Gaming Commissioner, 9th Floor, East Wing, 50Grenfell Street, Adelaide, S.A. 5000.

Dated 25 October 1999.Applicant

LIQUOR LICENSING ACT 1997

Notice of ApplicationNOTICE is hereby given, pursuant to section 52 (2) (b) of theLiquor Licensing Act 1997, that Goolwa Aquatic Club Inc. hasapplied to the Licensing Authority for a Limited Club Licence inrespect of premises situated at Barrage Road, Goolwa, S.A. 5214and known as Goolwa Aquatic Club.

The application has been set down for hearing on26 November 1999.

ConditionsThe following licence conditions are sought:

• Extended Trading Authorisation to authorise the sale ofliquor for consumption on the licensed premises betweenthe following hours:

Friday and Saturday; midnight to 2 a.m. the followingmorning.

Sunday; 8 a.m. to 11 a.m. and 8 p.m. to midnight.

• Entertainment consent is sought for the area outlined inblue on the deposited plan.

Any person may object to the application by lodging a noticeof objection in the prescribed form with the Licensing Authority,and serving a copy of the notice on the applicant at theapplicant’s address given above, at least seven days before thehearing date.

Plans in respect of the premises the subject of the applicationare open to public inspection without fee at the Office of theLiquor and Gaming Commissioner, 9th Floor, East Wing, 50Grenfell Street, Adelaide, S.A. 5000.

Dated 20 October 1999.Applicant

LIQUOR LICENSING ACT 1997

Notice of ApplicationNOTICE is hereby given, pursuant to section 52 (2) (b) of theLiquor Licensing Act 1997, that Sammy’s on the Marina Pty Ltdas trustee for Sammy’s on the Marina Unit Trust has applied tothe Licensing Authority for a Restaurant Licence in respect ofpremises to be situated at Shop 1, Marina Pier, Holdfast Shores,Glenelg, S.A. 5045 and to be known as Sammy’s on the Marina.

The application has been set down for hearing on26 November 1999.

ConditionsThe following licence conditions are sought:

• The licensee is authorised to sell liquor on any dayexcept Good Friday and Christmas Day for consumptionon the licensed premises by persons:

(a) seated at a table; or

(b) attending a function at which food is provided.

• Extended Trading Authorisation:

Hours of Operation:

Monday to Saturday; midnight to 1 a.m. the followingmorning.

Sunday; 8 p.m. to 1 a.m. the following morning.

• Entertainment consent is sought.

Any person may object to the application by lodging a noticeof objection in the prescribed form with the Licensing Authority,and serving a copy of the notice on the applicant at theapplicant’s address given above, at least seven days before thehearing date.

Plans in respect of the premises the subject of the applicationare open to public inspection without fee at the Office of theLiquor and Gaming Commissioner, 9th Floor, East Wing, 50Grenfell Street, Adelaide, S.A. 5000.

Dated 19 October 1999.

Applicant

LIQUOR LICENSING ACT 1997

Notice of ApplicationNOTICE is hereby given, pursuant to section 52 (2) (b) of theLiquor Licensing Act 1997, that Howard Nourse and MarilynNourse have applied to the Licensing Authority for an ExtendedTrading Authorisation in respect of premises situated at BurraRoad, Saddleworth, S.A. 5413 and known as the Gilbert ValleyHotel.

The application has been set down for hearing on 26November 1999.

ConditionsThe following licence conditions are sought:

• Hours of Operation:

Monday to Saturday; midnight to 1 a.m. the followingmorning and Sunday; 8 a.m. to 11 a.m. and 8 p.m. tomidnight, on the licensed premises.

Sunday; 8 a.m. to 11 a.m. and 8 p.m. to 9 p.m., off thelicensed premises.

Any person may object to the application by lodging a noticeof objection in the prescribed form with the Licensing Authority,and serving a copy of the notice on the applicants at theapplicants’ address given above, at least seven days before thehearing date.

Plans in respect of the premises the subject of the applicationare open to public inspection without fee at the Office of theLiquor and Gaming Commissioner, 9th Floor, East Wing, 50Grenfell Street, Adelaide, S.A. 5000.

Dated 21 October 1999.

Applicants

LIQUOR LICENSING ACT 1997

Notice of ApplicationNOTICE is hereby given, pursuant to section 52 (2) (b) of theLiquor Licensing Act 1997, that The Tiers Wine Co. (Aust) PtyLtd has applied to the Licensing Authority for the removal of aProducer’s Licence in respect of premises situated KangarillaRoad, McLaren Vale, S.A. 5171 and to be situated at Lot 501,Tatachilla Road, McLaren Vale, S.A. 5171.

The application has been set down for hearing on26 November 1999.

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2112 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

Any person may object to the application by lodging a noticeof objection in the prescribed form with the Licensing Authority,and serving a copy of the notice on the applicant at theapplicant’s address given above, at least seven days before thehearing date.

Plans in respect of the premises the subject of the applicationare open to public inspection without fee at the Office of theLiquor and Gaming Commissioner, 9th Floor, East Wing, 50Grenfell Street, Adelaide, S.A. 5000.

Dated 21 October 1999.

Applicant

LIQUOR LICENSING ACT 1997

Notice of ApplicationNOTICE is hereby given, pursuant to section 52 (2) (b) of theLiquor Licensing Act 1997, that Ey Estate Pty Ltd has applied tothe Licensing Authority for a Producer’s Licence in respect ofthe premises to be situated at 21 Queen Street, Penola, S.A. 5277and to be known as Ey Estate.

The application has been set down for hearing on26 November 1999.

Any person may object to the application by lodging a noticeof objection in the prescribed form with the Licensing Authority,and serving a copy of the notice on the applicant at theapplicant’s address given above, at least seven days before thehearing date.

Plans in respect of the premises the subject of the applicationare open to public inspection without fee at the Office of theLiquor and Gaming Commissioner, 9th Floor, East Wing, 50Grenfell Street, Adelaide, S.A. 5000.

Dated 21 October 1999.

Applicant

LIQUOR LICENSING ACT 1997

Notice of ApplicationNOTICE is hereby given, pursuant to section 52 (2) (b) of theLiquor Licensing Act 1997, that Brent Patrick Rankine and JohnCyril Bower have applied to the Licensing Authority for aProducer’s Licence in respect of premises situated at 3 RiverdaleRoad, Myrtle Bank, S.A. 5064 and to be known as the PaddocksWines.

The application has been set down for hearing on26 November 1999.

Any person may object to the application by lodging a noticeof objection in the prescribed form with the Licensing Authority,and serving a copy of the notice on the applicants at theapplicants’ address given above, at least seven days before thehearing date.

Plans in respect of the premises the subject of the applicationare open to public inspection without fee at the Office of theLiquor and Gaming Commissioner, 9th Floor, East Wing, 50Grenfell Street, Adelaide, S.A. 5000.

Dated 20 October 1999.

Applicants

LIQUOR LICENSING ACT 1997

Notice of ApplicationNOTICE is hereby given, pursuant to section 52 (2) (b) of theLiquor Licensing Act 1997, that Liana Rose Leonard and MichaelJohn Leonard have applied to the Licensing Authority for thetransfer of a Residential Licence in respect of premises situated at445 Torrens Road, Woodville Park, S.A. 5011 and known asLindy Lodge Motel.

The application has been set down for hearing on29 November 1999.

Any person may object to the application by lodging a noticeof objection in the prescribed form with the Licensing Authority,and serving a copy of the notice on the applicants at theapplicants’ address given above, at least seven days before thehearing date.

Plans in respect of the premises the subject of the applicationare open to public inspection without fee at the Office of theLiquor and Gaming Commissioner, 9th Floor, East Wing, 50Grenfell Street, Adelaide, S.A. 5000.

Dated 18 October 1999.

Applicants

LIQUOR LICENSING ACT 1997

Notice of ApplicationNOTICE is hereby given, pursuant to section 52 (2) (b) of theLiquor Licensing Act 1997, that K. E. Brooks Pty Ltd (ACN 089978 521), c/o William Buck, 48 Greenhill Road, Wayville, S.A.5034 has applied to the Licensing Authority for the transfer of aSpecial Circumstances Licence in respect of premises situated at253 The Esplanade, Henley Beach, S.A. 5022 and known asBacchus Wine Bar.

The application has been set down for hearing on29 November 1999.

Any person may object to the application by lodging a noticeof objection in the prescribed form with the Licensing Authority,and serving a copy of the notice on the applicant at theapplicant’s address given above, at least seven days before thehearing date.

Plans in respect of the premises the subject of the applicationare open to public inspection without fee at the Office of theLiquor and Gaming Commissioner, 9th Floor, East Wing, 50Grenfell Street, Adelaide, S.A. 5000.

Dated 18 October 1999.

Applicant

LIQUOR LICENSING ACT 1997

Notice of ApplicationNOTICE is hereby given, pursuant to section 52 (2) (b) of theLiquor Licensing Act 1997, that Vanchai Mitrprasertsuk hasapplied to the Licensing Authority for the transfer of aRestaurant Licence in respect of premises situated at 240Kensington Road, Marryatville and known as Chiang Mai ThaiRestaurant.

The application has been set down for hearing on29 November 1999.

Any person may object to the application by lodging a noticeof objection in the prescribed form with the Licensing Authority,and serving a copy of the notice on the applicant at theapplicant’s address given above, at least seven days before thehearing date.

Plans in respect of the premises the subject of the applicationare open to public inspection without fee at the Office of theLiquor and Gaming Commissioner, 9th Floor, East Wing, 50Grenfell Street, Adelaide, S.A. 5000.

Applicant

LIQUOR LICENSING ACT 1997

Notice of ApplicationNOTICE is hereby given, pursuant to section 52 (2) (b) of theLiquor Licensing Act 1997, that Wilma Zenaida Sale has appliedto the Licensing Authority for the transfer of a RestaurantLicence in respect of premises situated at 109 King WilliamRoad, Hyde Park, S.A. 5061 and known as Ganza Cafe.

The application has been set down for hearing on29 November 1999.

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28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2113

Any person may object to the application by lodging a noticeof objection in the prescribed form with the Licensing Authority,and serving a copy of the notice on the applicant at theapplicant’s address given above, at least seven days before thehearing date.

Plans in respect of the premises the subject of the applicationare open to public inspection without fee at the Office of theLiquor and Gaming Commissioner, 9th Floor, East Wing, 50Grenfell Street, Adelaide, S.A. 5000.

Dated 19 October 1999.

Applicant

LIQUOR LICENSING ACT 1997

Notice of ApplicationNOTICE is hereby given, pursuant to section 52 (2) (b) of theLiquor Licensing Act 1997, that Warwick William Pethick andAnne Elizabeth Pethick, Lot 8, Government Road, Balaklava,S.A. 5461 have applied to the Licensing Authority for thetransfer of a Residential Licence in respect of the premisessituated at Victoria Street, Robe, S.A. 5276 and known as theGuichen Bay Motel.

The application has been set down for hearing on29 November 1999.

Any person may object to the application by lodging a noticeof objection in the prescribed form with the Licensing Authority,and serving a copy of the notice on the applicants at theapplicants’ address given above, at least seven days before thehearing date.

Plans in respect of the premises the subject of the applicationare open to public inspection without fee at the Office of theLiquor and Gaming Commissioner, 9th Floor, East Wing, 50Grenfell Street, Adelaide, S.A. 5000.

Dated 21 October 1999.

Applicants

MINING ACT 1971

NOTICE is hereby given in accordance with section 28 (5) of theMining Act 1971, that the Minister for Primary Industries,Natural Resources and Regional Development proposes to grantan Exploration Licence over the undermentioned area:

Applicant: Normandy Gold Exploration Pty LtdLocation: Stonefield Area—Approximately 90 km north-

east of Adelaide, bounded as follows: Commencing at apoint being the intersection of latitude 34°15′S andlongitude 139°15′E, thence east to longitude 139°18′E,south to latitude 34°20′S, west to longitude 139°15′E, andnorth to the point of commencement, all the withinlatitudes and longitudes being geodetic and expressed interms of the Australian Geodetic Datum as defined on p.4984 of Commonwealth Gazette number 84 dated 6October 1966.

Term: 1 yearArea in km2: 43Ref. D.M.E. No.: 112/99

Dated 28 October 1999.

L. JOHNSTON, Mining Registrar

MINING ACT 1971

NOTICE is hereby given in accordance with section 28 (5) of theMining Act 1971, that the Minister for Primary Industries,Natural Resources and Regional Development proposes to grantan Exploration Licence over the undermentioned area:

Applicant: Centrex Resources NLLocation: Tooligie Hill area—Approximately 120 km north

of Port Lincoln, bounded as follows:Area ‘A’—Commencing at a point being the

intersection of latitude 33°32′S and longitude 135°55′E,thence east to longitude 135°57′E, south to latitude33°33′S, east to longitude 135°58′E, south to latitude33°36′S, west to longitude 135°57′E, north to latitude

33°35′S, west to longitude 135°54′E, south to latitude33°36′S, west to longitude 135°53′E, north to latitude33°34′S, east to longitude 135°55′E, and north to thepoint of commencement.

Area ‘B’—Commencing at a point being theintersection of latitude 33°42′S and longitude 135°53′E,thence east to longitude 135°56′E, south to latitude33°44′S, west to longitude 135°55′E, south to a northernboundary of Hincks Conservation Park, thencegenerally westerly, southerly and westerly along theboundary of the said Conservation Park to longitude135°53′E, north to latitude 33°49′S, west to longitude135°52′E, north to latitude 33°46′S, west to longitude135°51′E, north to latitude 33°45′S, west to longitude135°50′E, north to latitude 33°43′S, east to longitude135°53′E, and north to the point of commencement.

All the within latitudes and longitudes are geodetic andexpressed in terms of the Australian Geodetic Datum asdefined on p. 4984 of Commonwealth Gazette number 84dated 6 October 1966.Term: 1 yearArea in km2: 117Ref. D.M.E. No.: 034/99

Dated 28 October 1999.

L. JOHNSTON, Mining Registrar

MINING ACT 1971

NOTICE is hereby given in accordance with section 28 (5) of theMining Act 1971, that the Minister for Primary Industries,Natural Resources and Regional Development proposes to grantan Exploration Licence over the undermentioned area:

Applicant: Western Metals Resources LtdLocation: Langhorne Creek area—Approximately 60 km

south-east of Adelaide, bounded as follows: Commencing ata point being the intersection of latitude 35°00′S andlongitude 139°10′E, thence east to longitude 139°12′E,south to latitude 35°13′S, east to longitude 139°13′E, southto latitude 35°18′S, east to longitude 139°15′E, north tolatitude 35°13′S, east to longitude 139°22′E, south tolatitude 35°19′S, west to longitude 139°05′E, south tolatitude 35°21′S, west to longitude 139°02′E, north tolatitude 35°17′S, west to longitude 138°59′E, south tolatitude 35°18′S, west to longitude 138°57′E, south tolatitude 35°19′S, west to longitude 138°56′E, south tolatitude 35°24′S, west to longitude 138°48′E, north tolatitude 35°20′S, east to longitude 138°52′E, north tolatitude 35°18′S, east to longitude 138°56′E, north tolatitude 35°17′S, east to longitude 138°58′E, north tolatitude 35°16′S, east to longitude 139°02′E, north tolatitude 35°10′S, east to longitude 139°05′E, north tolatitude 35°08′S, east to longitude 139°10′E, and north tothe point of commencement, but excluding FerriesMcDonald Conservation Park and Monarto ConservationPark, all the within latitudes and longitudes being geodeticand expressed in terms of the Australian Geodetic Datumas defined on p. 4984 of Commonwealth Gazette number84 dated 6 October 1966.

Term: 1 yearArea in km2: 617Ref. D.M.E. No.: 094/99

Dated 28 October 1999.

L. JOHNSTON, Mining Registrar

MINING ACT 1971

NOTICE is hereby given in accordance with section 28 (5) of theMining Act 1971, that the Minister for Primary Industries,Natural Resources and Regional Development proposes to grantan Exploration Licence over the undermentioned area:

Applicant: Minotaur Gold NLLocation: Ediacara area—Approximately 40 km south-west

of Leigh Creek, bounded as follows: Commencing at a point beingthe intersection of latitude 30°47′S and longitude 138°07′E,thence east to longitude 138°10′E, south to latitude 30°53′S, west

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2114 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

to longitude 138°07′E, and north to the point of commencement,all the within latitudes and longitudes being geodetic and expressedin terms of the Australian Geodetic Datum as defined on p. 4984of Commonwealth Gazette number 84 dated 6 October 1966.

Term: 1 yearArea in km2: 53Ref. D.M.E. No.: 539/97

Dated 28 October 1999.

L. JOHNSTON, Mining Registrar

NATIONAL PARKS AND WILDLIFE ACT 1972

Lincoln National Park Draft Management PlanI, DOROTHY KOTZ, Minister for Environment and Heritage,hereby give notice under the provisions of section 38 of theNational Parks and Wildlife Act 1972, that I vary the noticeissued on Thursday, 8 July 1999 (see Gazette 8 July 1999, p. 172)such that any person may make representations in connectionwith these Draft Management Plans during the period up to andincluding Friday, 17 December 1999.

Written comments should be forwarded to the Manager, Parksand Wildlife West, Department for Environment, Heritage andAboriginal Affairs, P.O. Box 22, Port Lincoln, S.A. 5606.

D. C. KOTZ, Minister for Environment and Heritage

RADIATION PROTECTION AND CONTROL ACT 1982

Section 44TAKE notice that the specified employer, South Australian Rural& Remote Medical Support Agency is exempt from therequirements of Regulation 25 of the Ionizing RadiationRegulations 1985, only insofar as that regulation applies to locumgeneral practitioners operating X-ray apparatus in countrypractices, provided that:

1. The X-ray apparatus are maintained in good working orderand condition; and

2. The specified employer issues a personal monitoringdevice to a radiation worker if directed in writing by the HealthCommission to do so.

PROF. B. KEARNEY, Executive Director,Statewide Division, Department ofHuman Services

ROADS (OPENING AND CLOSING) ACT 1991:SECTION 24

NOTICE OF CONFIRMATION OF ROADPROCESS ORDER

Caloote Landing Road, CalooteDeposited Plan 51325

BY Road Process Order made on 16 November 1998, the MidMurray Council ordered that:

1. Portion of sections 753, 796, 799, 800, 801 and 914,Hundred of Finniss, more particularly delineated and numbered‘1’, ‘2’, ‘3’ and ‘4’ in Preliminary Plan No. PP32/0298 beopened as road.

2. Portion of the public roads adjoining sections 798 and799, Hundred of Finniss, more particularly delineated andlettered ‘A’ and ‘B’, (respectively) in Preliminary Plan No.PP32/0298 be closed.

3. Vest in the Crown the whole of the land subject to closure.

On 24 December 1998, that order was confirmed by theMinister for Administrative Services, conditionally on approvaland deposit of the survey plan by the Registrar-General. Thecondition has now been fulfilled.

Pursuant to section 24 (5) of the Roads (Opening and Closing)Act 1991, NOTICE of the order referred to above and itsconfirmation is hereby given.

Dated 28 October 1999.

P. M. KENTISH , Surveyor-General

ROADS (OPENING AND CLOSING) ACT 1991:SECTION 24

NOTICE OF CONFIRMATION OF ROADPROCESS ORDER

Piccadilly Road, PiccadillyDeposited Plan 51968

BY Road Process Order made on 4 March 1999, the AdelaideHills Council ordered that:

1. Portion of the public road (Piccadilly Road) adjoining thewestern boundary of allotment 12 in Deposited Plan 4964more particularly lettered ‘A’ in Preliminary Plan No.PP32/0149 be closed.

2. The whole of the land subject to closure be transferred toYUNUS UYSAL and NURAN UYSAL in accordance withagreement for transfer dated 17 February 1998, entered intobetween the Adelaide Hills Council and Y. Uysal and N. Uysal.

On 19 October 1999, that order was confirmed by the Ministerfor Administrative Services conditionally on approval and depositof the survey plan by the Registrar-General. The condition hasnow been fulfilled.

Pursuant to section 24 (5) of the Roads (Opening and Closing)Act 1991, NOTICE of the order referred to above and itsconfirmation is hereby given.

Dated 28 October 1999.

P. M. KENTISH , Surveyor-General

ROADS (OPENING AND CLOSING) ACT 1991

Road Closure—Adjacent Mount Compass-Goolwa RoadNOTICE is hereby given, pursuant to section 10 of the Roads(Opening and Closing) Act 1991, that the Alexandrina Councilproposes to make a Road Process Order to close and transfer toK. S. and C. M. Hopgood portion of the public road adjoiningsection 2138, Hundred of Goolwa shown delineated and lettered‘A’ on Preliminary Plan No. PP32/0501 (replacing PP32/0464).

A copy of the plan and a statement of persons affected areavailable for public inspection at the offices of the Council atDawson Street, Goolwa and the Adelaide office of the Surveyor-General during normal office hours.

Any application for easement or objection must set out the fullname, address and details of the submission and must be fullysupported by reasons.

The application for easement or objection must be made inwriting to the Council at P.O. Box 21, Goolwa, S.A. 5214, within28 days of the date of this NOTICE and a copy must beforwarded to the Surveyor-General at G.P.O. Box 1354, Adelaide,S.A. 5001. Where a submission is made, the Council will givenotification of a meeting at which the matter will be considered.

Dated 28 October 1999.

P. M. KENTISH , Surveyor-General

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28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2115

REGULATIONS UNDER THE VETERINARY SURGEONS ACT 1985����

No. 208 of 1999����

At the Executive Council Office at Adelaide 28 October 1999

PURSUANT to the Veterinary Surgeons Act 1985, on the recommendation of the Veterinary Surgeons Board and with the adviceand consent of the Executive Council, I make the following regulations.

E. J. NEAL Governor

PURSUANT to section 10AA(2) of the Subordinate Legislation Act 1978, I certify that, in my opinion, it is necessary orappropriate that the following regulations come into operation as set out below.

ROB KERIN Minister for Primary Industries, Natural Resources and Regional Development�������������������

SUMMARY OF PROVISIONS1. Citation2. Commencement3. Variation of reg. 84. Substitution of reg. 105. Transitional provision

�������������������

Citation1. The Veterinary Surgeons Regulations 1987 (see Gazette 25 June 1987 p. 1650), as varied, are

referred to in these regulations as "the principal regulations".

Commencement2. These regulations come into operation on the day on which they are made.

Variation of reg. 83. Regulation 8 of the principal regulations is varied by striking out "$150.00" and substituting

"$175.00".

Substitution of reg. 104. Regulation 10 of the principal regulations is revoked and the following regulation is substituted:

10. (1) This regulation prescribes the registration fee, the reinstatement fee and the annualpractice fee under section 40 of the Act in respect of the 2000 calendar year and succeedingyears.

(2) The prescribed registration fee is—

(a) in the case of a natural person—$50.00;

(b) in the case of a company—$300.00.

(3) The prescribed reinstatement fee is $50.00.

(4) Subject to this regulation, the annual practice fee is—

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2116 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

(a) in the case of a person who is already registered—$175.00;

(b) in the case of a person applying for registration or reinstatement—

(i) where the fee is payable on or before 31 March—$175.00;

(ii) where the fee is payable after the end of March but on or before30 June—$145.00;

(iii) where the fee is payable after the end of June but on or before30 September—$125.00;

(iv) where the fee is payable after the end of September but on or before 31December—$95.00.

(5) Subject to this regulation, the annual practice fee payable by a person—

(a) who had, in the year preceding the year referred to in subregulation (1), undertakenmost of his or her veterinary practice in another State or Territory of theCommonwealth; and

(b) who is registered as a veterinary practitioner in another State or Territory of theCommonwealth for the duration of the year referred to in subregulation (1),

is—

(c) in the case of a person who is already registered—$95.00;

(d) in the case of a person applying for registration or reinstatement—

(i) where the fee is payable on or before 31 March—$95.00;

(ii) where the fee is payable after the end of March but on or before30 June—$75.00;

(iii) where the fee is payable after the end of June but on or before30 September—$65.00;

(iv) where the fee is payable after the end of September but on or before 31December—$45.00.

(6) Where the year referred to in subregulation (1) is varied to a subsequent calendar year,this regulation as in force immediately before the variation continues to apply in respect of theprevious year.

Transitional provision5. Regulation 10 of the principal regulations as in force immediately before the commencement of

these regulations continues to apply in respect of the 1999 calendar year.

MPNR 39/99 CS R. DENNIS Clerk of the Council

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28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2117

REGULATIONS UNDER THE PRIMARY INDUSTRY FUNDING SCHEMES ACT1998����

No. 209 of 1999����

At the Executive Council Office at Adelaide 28 October 1999

PURSUANT to the Primary Industry Funding Schemes Act 1998 and with the advice and consent of the Executive Council, Imake the following regulations.

E. J. NEAL Governor

PURSUANT to section 10AA(2) of the Subordinate Legislation Act 1978, I certify that, in my opinion, it is necessary orappropriate that the following regulations come into operation as set out below.

ROB KERIN Minister for Primary Industries, Natural Resources and Regional Development�������������������

SUMMARY OF PROVISIONS1. Citation2. Commencement3. Interpretation4. South Australian Sheep Industry Fund5. Consultative committee6. Scheme for contributions to Fund by sellers of sheep7. Application of Fund8. Certain persons not entitled to directly benefit from Fund

��������������������

Citation1. These regulations may be cited as the Primary Industry Funding Schemes (Sheep Industry

Fund) Regulations 1999.

Commencement2. These regulations come into operation on the day on which they are made.

Interpretation3. In these regulations—

"Act" means the Primary Industry Funding Schemes Act 1998;

"consultative committee"—see regulation 0;

"Dog Fence Board" means the Dog Fence Board established under the Dog Fence Act 1946;

"Fund"—see regulation 0;

"quarter" means any period of 3 months commencing on 1 January, 1 April, 1 July or 1 October.

South Australian Sheep Industry Fund4. (1) The South Australian Sheep Industry Fund (the Fund) is established.

(2) The Fund will be administered by the Minister.

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2118 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

(3) The Fund consists of—

(a) contributions paid or collected in accordance with these regulations; and

(b) income of the Fund from investment; and

(c) any other contributions received by the Minister for payment into the Fund.

Consultative committee5. The Sheep Advisory Group, established by the Minister under Part 2 of the Livestock Act 1997

to represent the sheep industry, will be the consultative committee to advise the Minister in relation to theapplication of the Fund.

Scheme for contributions to Fund by sellers of sheep6. (1) A person who sells any sheep (whether as principal or agent) must pay the prescribed

contribution in respect of the sale of the sheep to the Minister for payment into the Fund.

(2) Contributions arising in a quarter must be paid to the Minister no later than the end of the nextquarter.

(3) Outstanding contributions payable to the Minister under this regulation may be recovered by theMinister, by action in a court of competent jurisdiction, as a debt due to the Minister.

(4) A person may make a claim for a refund in respect of contributions paid by the person during thefinancial year immediately preceding the financial year in which the person makes the claim.

(5) If a person, by notice in writing given to the Minister, requests the Minister to refund contributionspaid by the person, the Minister must, on being satisfied that the person paid the contributions, pay to theperson an amount determined in accordance with the following formula:

where R is the total amount of the refund;

C1 is the contribution paid by the person during the first quarter of the financial yearpreceding the financial year during which the person makes a claim for a refund;

C2 is the contribution paid by the person during the second quarter of that financialyear;

C3 is the contribution paid by the person during the third quarter of that financial year;

C4 is the contribution paid by the person during the fourth quarter of that financial year;

I is the annual short term interest for that preceding financial year (as published by theReserve Bank of Australia) expressed as a percentage.

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28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2119

(6) For the purposes of this regulation—

(a) the prescribed contribution means—

(i) in the case of a contract of sale for 5 or more sheep for a price of $5.00 or above persheep—$0.20 per sheep;

(ii) in any other case—nil;

(b) if, in a financial year, a person enters into more than one contract with the same purchaser forthe sale of less than 5 sheep, the contracts will, for the purposes of determining contributionspayable by the person, be taken to be a single contract.

Application of Fund7. The Fund may be applied by the Minister for any of the following purposes:

(a) payment of contributions to the Dog Fence Board towards the maintenance or improvement ofthe dog-proof fence to assist in the prevention of wild dogs entering into pastoral areas wheresheep are kept;

(b) the undertaking of programs relating to sheep, sheep products or any other aspect of the sheepindustry recommended to the Minister by the Sheep Advisory Group;

(c) repayment of contributions to the Fund under regulation 0;

(d) payment of the reasonable operation and management expenses of the Sheep Advisory Group(whether sitting as the Sheep Advisory Group under the Livestock Act 1997 or as theconsultative committee under these regulations);

(e) payment of the expenses of administering the Fund.

Certain persons not entitled to directly benefit from Fund8. A person who has, at the person's request, been refunded contributions under regulation 0 will not

be entitled to receive a direct benefit from the Fund for the period of 2 financial years following thefinancial year in respect of which contributions were refunded.

MPNR 47/99 CS R. DENNIS Clerk of the Council

Page 44: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

2120 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

REGULATIONS UNDER THE LIVESTOCK ACT 1997����

No. 210 of 1999����

At the Executive Council Office at Adelaide 28 October 1999

PURSUANT to the Livestock Act 1997 and with the advice and consent of the Executive Council, I make the followingregulations.

E. J. NEAL Governor

PURSUANT to section 10AA(2) of the Subordinate Legislation Act 1978, I certify that, in my opinion, it is necessary orappropriate that the following regulations come into operation as set out below.

ROB KERIN Minister for Primary Industries, Natural Resources and Regional Development�������������������

SUMMARY OF PROVISIONS1. Citation2. Commencement3. Variation of reg. 5—Exemptions

�������������������

Citation1. The Livestock Regulations 1998 (see Gazette 22 January 1998 p. 288), as varied, are referred to

in these regulations as "the principal regulations".

Commencement2. These regulations come into operation on the day on which they are made.

Variation of reg. 5—Exemptions3. Regulation 5 of the principal regulations is varied by inserting after its present contents (now to be

designated as subregulation (1)) the following subregulation:

(2) Section 46(1)(c) of the Act does not apply in relation to the following products:

(a) tallow;

(b) gelatine;

(c) meat, or a meat product, sold for human consumption in accordance with the MeatHygiene Act 1994 that—

(i) has been cooked and offered for human consumption; and

(ii) has undergone further heat treatment in the process of becoming food forlivestock consumption;

(d) blood or any extract or derivative of blood.

MPNR 42/99 CS R. DENNIS Clerk of the Council

Page 45: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2121

REGULATIONS UNDER THE PLUMBERS, GAS FITTERS AND ELECTRICIANSACT 1995

����No. 211 of 1999

����At the Executive Council Office at Adelaide 28 October 1999

PURSUANT to the Plumbers, Gas Fitters and Electricians Act 1995 and with the advice and consent of the Executive Council, Imake the following regulations.

E. J. NEAL Governor

PURSUANT to section 10AA(2) of the Subordinate Legislation Act 1978, I certify that, in my opinion, it is necessary orappropriate that the following regulations come into operation as set out below.

K. T. GRIFFIN Minister for Consumer Affairs�������������������

SUMMARY OF PROVISIONS1. Citation2. Commencement3. Variation of reg. 4—Exemptions

�������������������

Citation1. The Plumbers, Gas Fitters and Electricians Regulations 1995 (see Gazette 29 June 1995

p. 3085), as varied, are referred to in these regulations as "the principal regulations".

Commencement2. These regulations come into operation on the day on which they are made.

Variation of reg. 4—Exemptions3. Regulation 4 of the principal regulations is varied by inserting after subregulation (5) the following

subregulation:

(5a) An employee of The Smith's Snackfood Company Ltd (the Company) is exemptfrom the requirement to be registered under the Act as a plumbing worker in respect of coldwater plumbing carried out in the course of his or her employment in relation to any foodprocessing plant or associated pipes or equipment downstream from a secondary testablebackflow prevention device that is downstream from the primary testable backflow preventiondevice connecting the Company's pipes and equipment at the Company's site at 553-567 SouthRoad, Regency Park, 5010 to the public water supply system.

OCBA 8/99 CS R. DENNIS Clerk of the Council

Page 46: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

2122 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

REGULATIONS UNDER THE PUBLIC CORPORATIONS ACT 1993����

No. 212 of 1999����

At the Executive Council Office at Adelaide 28 October 1999

PURSUANT to the Public Corporations Act 1993 and with the advice and consent of the Executive Council, I make thefollowing regulations.

E. J. NEAL Governor

PURSUANT to section 10AA(2) of the Subordinate Legislation Act 1978, I certify that, in my opinion, it is necessary orappropriate that the following regulations come into operation as set out below.

ROB LUCAS Treasurer�������������������

SUMMARY OF PROVISIONS1. Citation2. Commencement3. Dissolution and transfer of assets and liabilities of Health Development4. Revocation of Public Corporations (Health Development) Regulations

�������������������

Citation1. These regulations may be cited as the Public Corporations (Health Development Dissolution)

Regulations 1999.

Commencement2. These regulations will come into operation on the day on which they are made.

Dissolution and transfer of assets and liabilities of Health Development3. (1) Health Development established by regulation under the Public Corporations Act 1993 is

dissolved.

(2) The assets and liabilities of Health Development immediately before its dissolution are transferredto and vested in or attached to the Minister for Human Services.

Revocation of Public Corporations (Health Development) Regulations4. The Public Corporations (Health Development) Regulations 1997 (see Gazette 22 May 1997

p. 2665) are revoked.

DHS 001/097/317 CS R. DENNIS Clerk of the Council

Page 47: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2123

REGULATIONS UNDER THE PUBLIC CORPORATIONS ACT 1993����

No. 213 of 1999����

At the Executive Council Office at Adelaide 28 October 1999

PURSUANT to the Public Corporations Act 1993 and with the advice and consent of the Executive Council, I make thefollowing regulations.

E. J. NEAL Governor

PURSUANT to section 10AA(2) of the Subordinate Legislation Act 1978, I certify that, in my opinion, it is necessary orappropriate that the following regulations come into operation as set out below.

ROB LUCAS Treasurer�������������������

SUMMARY OF PROVISIONS1. Citation2. Commencement3. Dissolution and transfer of assets and liabilities of SA Co-ordinated Care4. Revocation of Public Corporations (SA Co-ordinated Care) Regulations

�������������������

Citation1. These regulations may be cited as the Public Corporations (SA Co-ordinated Care

Dissolution) Regulations 1999.

Commencement2. These regulations will come into operation on the day on which they are made.

Dissolution and transfer of assets and liabilities of SA Co-ordinated Care3. (1) SA Co-ordinated Care established by regulation under the Public Corporations Act 1993 is

dissolved.

(2) The assets and liabilities of SA Co-ordinated Care immediately before its dissolution aretransferred to and vested in or attached to the Minister for Human Services.

Revocation of Public Corporations (SA Co-ordinated Care) Regulations4. The Public Corporations (SA Co-ordinated Care) Regulations 1997 (see Gazette 22 May

1997 p. 2655) are revoked.

DHS 001/097/286 CS R. DENNIS Clerk of the Council

Page 48: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

2124 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

REGULATIONS UNDER THE SENIOR SECONDARY ASSESSMENT BOARD OFSOUTH AUSTRALIA ACT 1983

����No. 214 of 1999

����At the Executive Council Office at Adelaide 28 October 1999

PURSUANT to the Senior Secondary Assessment Board of South Australia Act 1983, on the recommendation of the SeniorSecondary Assessment Board of South Australia and with the advice and consent of the Executive Council, I make the followingregulations.

E. J. NEAL Governor

PURSUANT to section 10AA(2) of the Subordinate Legislation Act 1978, I certify that, in my opinion, it is necessary orappropriate that the following regulations come into operation as set out below.

MALCOLM BUCKBY Minister for Education, Children's Services and Training�������������������

SUMMARY OF PROVISIONS1. Citation2. Commencement3. Variation of Sched. 14. Variation of Sched. 25. Variation of Sched. 3

�������������������

Citation1. The Senior Secondary Assessment Board of South Australia Regulations 1991 (see Gazette

27 June 1991 p. 2258), as varied, are referred to in these regulations as "the principal regulations".

Commencement2. These regulations will come into operation on 1 January 2000.

Variation of Sched. 13. Schedule 1 of the principal regulations is varied by varying the list of units of study under the

heading Humanities, arts or social and cultural studies as follows:

(a) by striking out the entry relating to Languages and the Community and substituting the followingentry:

Language and the Community;

(b) by striking out the following entry:

Shorthand.

Variation of Sched. 24. Schedule 2 of the principal regulations is varied—

(a) by varying the list of units of study under the heading Language-Rich as follows:

(i) by striking out the following entry:

Page 49: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2125

Art—publicly examined;

(ii) by striking out the entry relating to Drama and substituting the following entries:

DramaDrama Studies;

(iii) by striking out from the entry relating to Languages other than English "41 languages areoffered" and substituting "42 languages are offered";

(iv) by inserting after the entry relating to Tourism the following entry:

Visual Arts Studies;

(b) by varying the list of units of study under the heading Quantitative/Experimental as follows:

(i) by striking out the entry relating to Accounting and substituting the following entries:

Accounting—school assessedAccounting Studies;

(ii) by striking out the entry relating to Agricultural Science and substituting the followingentry:

Agricultural and Horticultural Science;

(iii) by striking out the entry relating to Aviation;

(c) by varying the list of units of study under the heading Other as follows:

(i) by striking out the entry relating to Art Practical and Theory and substituting the followingentry:

Art Practical;

(ii) by striking out the following entries:

The Australian Legal SystemMarketingMedia Production and AnalysisShorthand Speed and Stenography.

Variation of Sched. 35. Schedule 3 of the principal regulations is varied—

(a) by striking out from clause 1 "$1 060 per year" and substituting "$1 080 per year";

(b) by striking out from clause 2 "$115 per student" and substituting "$117 per student";

(c) by striking out from clause 2 "$120 per student plus $26 per subject per student" and substituting"$122 per student plus $26.50 per subject per student";

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2126 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

(d) by striking out from clause 3 "$55 per student" and substituting "$56 per student";

(e) by striking out from clause 4 "$6.50 per subject" and substituting "$6.60 per subject";

(f) by striking out from clause 5 "$5.50 per subject" and substituting "$5.60 per subject";

(g) by striking out from clause 6 "$11 per subject" and substituting "$11.20 per subject";

(h) by striking out from clause 7 "$13 per record or statement" and substituting "$13.20 per record orstatement";

(i) by striking out from clause 8 "$22" and substituting "$22.50";

(j) by striking out from clause 9(a) "$5.30 if 80 pages or less" and substituting "$5.40 if 80 pages orless";

(k) by striking out from clause 9(a) "$8.45 if more than 80 pages" and substituting "$8.60 if morethan 80 pages";

(l) by striking out from clause 9(b) "$12.70" and substituting "$12.90".

MECT 33/99 CS R. DENNIS Clerk of the Council

Page 51: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2127

REGULATIONS UNDER THE WATER RESOURCES ACT 1997����

No. 215 of 1999����

At the Executive Council Office at Adelaide 28 October 1999

PURSUANT to the Water Resources Act 1997, on the recommendation of the Minister for Environment and Heritage and withthe advice and consent of the Executive Council, I make the following regulations.

E. J. NEAL Governor

PURSUANT to section 10AA(2) of the Subordinate Legislation Act 1978, I certify that, in my opinion, it is necessary orappropriate that the following regulations come into operation as set out below.

D. C. KOTZ Minister for Environment and Heritage�������������������

SUMMARY OF PROVISIONS1. Citation2. Commencement3. Declaration of surface water prescribed area4. The establishment and prescribed periods

�������������������

Citation1. These regulations may be cited as the Water Resources (Surface Water Prescribed Area—

Clare Valley) Regulations 1999.

Commencement2. These regulations come into operation on the day on which they are made.

Declaration of surface water prescribed area3. The area bounded by the bold broken line in G.R.O. plan No. 368/1996 is declared to be a surface

water prescribed area.

The establishment and prescribed periods4 (1) The establishment period in relation to the surface water prescribed area declared by regulation

3 commenced on 1 July 1992 and ended at the commencement of the prescribed period (11 March 1999).

(2) The prescribed period in relation to the surface water prescribed area declared by regulation 3commenced on 11 March 1999 and will end on 30 June 2000.

MEH 35/99 CS R. DENNIS Clerk of the Council

Page 52: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

2128 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

FAXING COPY?IF you fax copy to Riverside 2000, for inclusion in the GovernmentGazette, there is no need to send a Confirmation Copy to us as well.

This creates confusion and may well result in your notice being printedtwice.

Please use the following fax number:

Fax transmission: (08) 8207 1040Phone Inquiries: (08) 8207 1045

Please include a contact person, phone number and order number so thatwe can phone back with any queries we may have regarding the fax copy.

NOTE: Closing time for lodging new copy (either fax or hard copy)is 4 p.m. on Tuesday preceding the day of publication.

Government Gazette notices can be E-mailed.

The address is:

[email protected]

Documents should be sent as attachments in Word format.

When sending a document via E-mail, please confirm yourtransmission with a faxed copy of your document, including thedate the notice is to be published.

Fax transmission: (08) 8207 1040Enquiries: (08) 8207 1045

Page 53: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2129

CITY OF ADELAIDE

Temporary Road ClosureNOTICE is hereby given that the council of the Corporation of the City of Adelaide at its meeting held on 25 October 1999, passedinter alia the following resolution:

Pursuant to section 359 of the Local Government Act 1934, as amended, the roads described in the following Schedule,between the hours specified in the Schedule, be closed to all vehicles except for emergency vehicles or those given expresspermission to enter by the Chief Executive Officer.

SCHEDULE

Location From T o

Tynte Street between O’Connell Streetand Centenary Street

9.00 a.m. on Sunday, 14 November 1999 4.30 p.m. on Sunday, 14 November 1999

JUDE MUNRO , Chief Executive Officer

CITY OF UNLEY

Temporary Road ClosureNOTICE is hereby given that the Council of the Corporation ofthe City of Unley at its meeting held on 25 October 1999, passedthe following resolution:

That pursuant to the powers contained in section 359 of theLocal Government Act 1934, as amended, vehicles generally beexcluded from Young Street (between Castle Street and GlenOsmond Road) and Kenilworth Road (at Glen Osmond Road)on Sunday, 31 October 1999, between the hours of 11 a.m. and11.30 a.m.

R. J. GREEN, City Manager

CITY OF UNLEY

Temporary Road ClosureNOTICE is hereby given that the Council of the Corporation ofthe City of Unley at its meeting held on 27 September 1999,passed the following resolution:

That pursuant to the powers contained in section 359 of theLocal Government Act 1934, as amended, vehicles generally beexcluded from Edmund Avenue (between Rugby Street andUnley Road) on Sunday, 31 October 1999, between the hoursof 1.30 p.m. and 3.30 p.m.

R. J. GREEN, City Manager

THE BAROSSA COUNCIL

Change of Meeting TimeNOTICE is hereby given that at a meeting of council held on 19October 1999, it was resolved that the 2 November 1999 councilmeeting would commence at 8.30 a.m. instead of 9 a.m.

J. G. JONES, Chief Executive Officer

COORONG DISTRICT COUNCIL

AppointmentsNOTICE is hereby given that pursuant to the provisions of theCountry Fires Act 1989, the following persons have beenappointed:

Fire Permit Officers:P. Barney vide S. Richter, M. KenningF. Henderson, resigned.

W. R. PATERSON, Chief Executive Officer

DISTRICT COUNCIL OF ELLISTON

Supplementary ElectionNOTICE is hereby given that at the close of nominations, I havereceived the following valid nominations from persons eligible tofill the following vacancy:

Councillor for the Elliston/Sheringa Ward (one required):Tony Dean Custance

There being no more than the required number of candidatesnominated to contest the election for council forElliston/Sheringa Ward, I have declared Tony Dean Custanceelected to that office.

D. E. HITCHCOCK , Returning Officer

KANGAROO ISLAND COUNCIL

Temporary Road ClosureNOTICE is hereby given that at its meeting held on 13 October1999, council resolved that pursuant to section 359 of the LocalGovernment Act 1934, as amended, council exclude all vehiclesgenerally, with the exception of the Lions Train, from DaunceyStreet, Kingscote, between its intersections with Murray andCommercial Streets from 5 p.m. until 9 p.m. on Friday, 24December 1999, for the purposes of Christmas Eve activities.

B. C. HURST, Chief Executive Officer

DISTRICT COUNCIL OF KIMBA

Adoption of ValuationNOTICE is hereby given that the District Council of Kimba, inaccordance with section 171 (2) of the Local Government Act1934, as amended, at a meeting held on 24 August 1999, adoptedfor rating purposes for the year ending 30 June 2000 the Valuer-General’s valuations of site value in relation to the area of theDistrict Council of Kimba being $54 112 080.

The said valuation is deposited in the offices of the DistrictCouncil of Kimba, Cross Street, Kimba and may be inspected byany person interested therein between the hours of 9 a.m. and5 p.m. Monday to Friday.

Declaration of RatesNotice is hereby given that at a meeting of the District Council

of Kimba held on 24 August 1999, pursuant to section 174 of theLocal Government Act 1934, declared for the year ending 30June 2000, the following differential rates on rateable propertywithin the district:

1. A differential general rate of 9.8261 cents in the dollar onthe site value for all rateable, property situated within thetownship of Kimba.

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2130 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

2. A differential general rate of 0,8434 cents in the dollar onthe assessed site value for all rateable property situated in theremainder of the area of the District Council of Kimba.

Minimum ChargePursuant to section 190 of the Local Government Act 1934,

the minimum amount payable by way of rates in respect ofrateable land within the council area shall be $100.

Service ChargeIn accordance with section 177 of the Local Government Act

1934, the following service charges have been determined for allproperties serviced by the Common Effluent Drainage Schemeswithin the district:

$Unit Charge ...................................................................... 50Vacant Allotment ............................................................. 32Section 101, Town of Kimba, Hundred of Solomon......... 640Section 102, Town of Kimba, Hundred of Solomon......... 160

Payment Of RatesIn accordance with section 184 of the Local Government Act,

1934, rates in respect of the 1999-2000 financial year shall falldue in a single instalment payable by 30 November 1999.

Pursuant to section 184 (1) of the Local Government Act1934, council grants a discount of 2.5 per cent on any paymentmade before 30 September 1999.

M. D. CANT, Chief Executive Officer

DISTRICT COUNCIL OF RENMARK PARINGA

Declaration of Public RoadNOTICE is hereby given that pursuant to section 301 (c) of theLocal Government Act 1934, as amended, that portion of landreferred to as Lot 24 in deposited plan 46661 be declared a publicroad.

DR A. KHAN, Chief Executive Officer

DISTRICT COUNCIL OF TUMBY BAY

Sale of ReservesNOTICE is hereby given that pursuant to section 459a of theLocal Government Act 1934, as amended, the council hasresolved to dispose of the Tumby Bay Caravan Park being section279 and Lot 94 and the Port Neill Caravan Park—Lot 3.

Council proposes, with the consent of the Minister to sell theReserves to the existing lessees. An information statement isavailable from the council office.

Written representations will be received by council up till5 p.m. on 17 November 1999, and they should be addressed tothe District Council of Tumby Bay, P.O. Box 61, Tumby Bay,S.A. 5605.

E. A. ROBERTS, District Clerk

IN the matter of the estates of the undermentioned deceasedpersons:

Adkins, Violet Ellen May, late of 550 Portrush Road, GlenOsmond, of no occupation, who died on 11 September1999.

Baillie, James Stenhouse, late of 32 Industry Road, MurrayBridge, retired inspector, who died on 11 September 1999.

Barrett, Elaine Margery, late of 165 Beulah Road, Norwood, ofno occupation, who died on 30 June 1999.

Blunden, Cathleen Lorna, late of 1 Duffield Street, GawlerEast, retired lift operator, who died on 20 June 1999.

Bouch, Olive Beatrice, late of 40 Winchester Street, Malvern,widow, who died on 26 August 1999.

Braham, Brian George, late of 1075 Grand Junction Road,Holden Hill, retired metal machinist, who died on 18August 1999.

Carter, Winifred, late of 3 Grant Avenue, Gilles Plains, of nooccupation, who died on 5 July 1999.

Gerlec, Jan, late of 123 Maple Avenue, Royal Park, retiredlabourer, who died on 18 September 1999.

Honeybone, Ronald , late of 5 Shaw Street, Athelstone, retiredbuilding trades supervisor, who died on 8 January 1997.

Lang, Mary Olivette, late of 45 Reid Avenue, Felixstow, homeduties, who died on 26 August 1999.

McEvoy, Leo William , late of 84 Reservoir Road, Modbury,retired railway clerk, who died on 7 August 1999.

Metaxas, Dimitrios, late of 5 Wellington Street, Klemzig,retired courier, who died on 18 September 1999.

Owen, Jean Margaret, late of 9 Brenchley Grove, Kingswood,of no occupation, who died on 31 August 1999.

Probyn, Muriel Kathleen, late of 22 Le Hunte Avenue,Prospect, of no occupation, who died on 26 September1999.

Smith, Donald Albert, late of 53 Brown Street, Peterborough,retired labourer, who died on 18 August 1999.

Smithers, William Edward , late of 1217 Grand Junction Road,Hope Valley, retired postal officer, who died on 6September 1999.

Strawson, Kathleen Hazel, late of Blamey Road, Elizabeth East,of no occupation, who died on 21 August 1999.

Sutton, Laurel Annie, late of 30 North Avenue, Northfield,home duties, who died on 6 September 1999.

Tunney, Thomas Joseph, late of 15 Brabham Avenue, HoldenHill, retired galvaniser, who died on 24 August 1999.

Webber, Stanley Colin , late of 1 Queen Mary Street, Mannum,of no occupation, who died on 28 August 1999.

Weston, Charles James, late of 5 Luther Road, Loxton, retiredblock hand, who died on 2 September 1999.

Notice is hereby given pursuant to the Trustee Act 1936, theInheritance (Family Provision) Act 1972, and the FamilyRelationships Act 1975, that all creditors, beneficiaries, and otherpersons having claims against the said estates are required to send,in writing, to the Public Trustee, 25 Franklin Street, Adelaide,S.A. 5000, full particulars and proof of such claims, on or before26 November 1999, otherwise they will be excluded from thedistribution of the said estate; and notice is also hereby given thatall persons who are indebted to the said estates are required to paythe amount of their debts to the Public Trustee or proceedingswill be taken for the recovery thereof; and all persons having anyproperty belonging to the said estates are forthwith to deliver thesame to the Public Trustee.

Dated 28 October 1999.

J. H. WORRALL, Public Trustee

IN the matter of the estates of the undermentioned deceasedpersons:

MacKenzie, Hugh Lloyd, late of 52 Beaconsfield Terrace,Ascot Park, and also of 67 James Well Road, James Wellnear Ardrossan, retired hotel manager, who died on6 August 1999.

Passow, Lancelot Frederick, late of Unit 24, Masonic Homes,Petersen Street, Somerton Park, retired bank officer, whodied on 17 September 1999.

Notice is hereby given pursuant to the Trustee Act 1936, asamended, the Inheritance (Family Provision) Act 1972 and theFamily Relationships Act 1975, that all creditors, beneficiaries,and other persons having claims against any of the above estatesare directed to send full particulars and evidence of such claims tothe undersigned on or before 29 November 1999, otherwise theywill be excluded from the distribution of the estates; and notice isalso hereby given that all persons who are indebted to any of theabove estates are required to pay the amount of their debt to theundersigned or proceedings will be taken for the recovery thereof;and all persons having any property belonging to any of the saidestates are forthwith to deliver the same to the undersigned.

ANZ EXECUTORS & T RUSTEE COMPANY LIMITED(ACN 006 132 332), 530 Collins Street,Melbourne, Vic. 3000.

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28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2131

IN the matter of the estates of the undermentioned deceasedpersons:

McInnis, Thelma Lurline, late of Kings Park Nursing Home,285 Goodwood Road, Kings Park, widow, who died on 9June 1999.

Tilley, Sarah Louise, late of Glenrose Court, 550 PortrushRoad, Glen Osmond, widow, who died on 26 September1999.

Evans, Eva, late of Roselin Court Nursing Home, 251Payneham Road, Joslin, widow, who died on 20 September1999.

Abd-el-Malik, Lidia , late of Unit 5, 2 Old Beach Road,Brighton, divorced woman, who died on 11 October 1999.

Holland, Ronald James, late of Unit 4, 38 Moseley Street,Glenelg, retired investor, who died on 30 September 1999.

Owens, Joyce Ellen Myrtle, late of 40 George Street,Payneham, married woman, who died on 12 July 1996.

Stewart, Kathleen Florence, late of 1 Highfield Avenue, StGeorges, home duties, who died on 4 October 1999.

Falkenberg, Esma Caroline, late of Greenock Road, Nuriootpa,widow, who died on 20 September 1999.

Kinlock, Mavis Eva Lillian, late of Main Road, Nildottie,widow, who died on 8 December 1998.

Crouch, Malcolm Aubrey, late of 88 Brandis Street, CrystalBrook, farmer, who died on 25 September 1999.

Jolley, Lewis Raymond, late of 10 Higgins Street, VictorHarbor, retired clerical officer, who died on 20 May 1997.

Notice is hereby given pursuant to the Trustee Act 1936, asamended, the Inheritance (Family Provision) Act 1972-1975 andthe Family Relationships Act 1975, that all creditors,beneficiaries and other persons having claims against theabovenamed estate are directed to send full particulars of suchclaims to the undersigned on or before 25 November 1999,otherwise they will be excluded from the distribution of the saidestate.

Dated 28 October 1999.

IOOF AUSTRALIA T RUSTEES LIMITED (ACN 007870 644) AND BAGOT’S EXECUTOR ANDT RUSTEE COMPANY LIMITED (ACN 007 869829), 212 Pirie Street, Adelaide, S.A. 5000.

IN the matter of the estates of the undermentioned deceasedpersons:

McEachern, Morven, late of 6 Porter Street, Naracoorte, whodied on 3 August 1999.

Robertson, David Stirling, late of Maroonika, 10 MilanTerrace, Stirling, who died on 7 October 1999.

Woodhams, Ernest John Robert, late of St David’s NursingHome, 3 Fourth Avenue, St Peters, who died on21 September 1999.

Notice is hereby given pursuant to the Trustee Act 1936, asamended, the Inheritance (Family Provision) Act 1972-1975 andthe Family Relationships Act 1975, that all creditors,beneficiaries, and other persons having claims against any of theabovenamed estates are directed to send full particulars of suchclaims to the undersigned on or before 25 November 1999,otherwise they will be excluded from the distribution of the saidestates.

Dated 28 October 1999.

NATIONAL AUSTRALIA T RUSTEES LIMITED(ACN 007 350 405), 22-28 KingWilliam Street, Adelaide, S.A. 5000.

IN the matter of the estate of the undermentioned deceasedperson:

Newsome, Robert Dowson, late of 5 Albion Street, WindsorGardens, retired welder, who died on or between 14February 1999 and 19 February 1999.

Notice is hereby given that all creditors and other personshaving claims against the said estate are required to send fullparticulars of their claim to Treloar & Treloar, 22 GrenfellStreet, Adelaide, S.A. 5000 on or before 11 November 1999otherwise they will be excluded from the distribution of theestate.

Probate of will was granted to AXA Trustees Limited (formerlyNational Mutual Trustees) on 9 August 1999 as executor.

P. J. MCEWIN, Treloar & Treloar

SOUTH AUSTRALIA—In the Supreme Court. No. 1012 of1998. In the matter of Blackcroft Pty Ltd (in liquidation) (ACN008 192 998) and in the matter of the Corporations Law.

Notice of Release of Liquidator and Dissolution of the CompanyTake notice that by order of the Supreme Court of South

Australia dated 13 October 1999, I, Bruce James Carter of FerrierHodgson, Level 5, 81 Flinders Street, Adelaide, S.A. 5000, theliquidator of the abovenamed company, was granted my release asliquidator and the company was dissolved.

Dated 21 October 1999.

B. J. CARTER, Liquidator

BEMI CONSULTING ENGINEERS PTY LIMITED(ACN 065 419 632)

ON 19 October 1999, the Supreme Court of South Australia inAction No. 1101 of 1999 made an order for the winding up ofBemi Consulting Engineers Pty Limited and appointed HillaryOrr, 28 Grenfell Street, Adelaide, S.A. 5000, to be the liquidatorof that company.

DEPUTY COMMISSIONER OF T AXATION, 191Pulteney Street, Adelaide, S.A. 5000.

DRIVELINE PTY LTD(trading as MOUNT DARE HOMESTEAD (S.A.))

(ACN 008 185 224)

PARNELL MOGAS PTY LTD has brought a summons in ActionNo. 1228 of 1999, in the Supreme Court of South Australiaseeking the winding up of Driveline Pty Ltd (trading as MountDare Homestead (S.A.)) The summons is listed for hearing on 16November 1999 at not before 2.30 p.m. Any creditor orcontributory of Driveline Pty Ltd (trading as Mount DareHomestead (S.A.)) wishing to be heard on the summons must fileand serve a notice in accordance with Rule 20 of theCorporations (South Australia) Rules 1993, at least three businessdays before the day on which the summons is listed for hearingand must attend at the Supreme Courthouse, Victoria Square,Adelaide at the time set for the hearing of the summons. A copyof the summons and the affidavit in support can be obtained onpayment of the proper costs from Marshalls, Level 2, 81 FlindersStreet, Adelaide, S.A. 5000.

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2132 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [28 October 1999

SOUTH AUSTRALIA—In the Supreme Court. No. 2845 of1992. In the matter of Hampton Management Services Pty Ltd(in liquidation) (ACN 008 047 836) and in the matter of theCorporations Law.

Notice of Release of Liquidator and Dissolution of the CompanyTake notice that by order of the Supreme Court of South

Australia dated 13 October 1999, I, Bruce James Carter of FerrierHodgson, Level 5, 81 Flinders Street, Adelaide, S.A. 5000, theliquidator of the abovenamed company, was granted my release asliquidator and the company was dissolved.

Dated 21 October 1999.

B. J. CARTER, Liquidator

LINDBLOM & HADLEY INDEPENDENT VALUATIONNETWORK PTY LTD

(ACN 008 167 913)

KEVIN WALTER ZIMMERMAN and Marlene BarbaraZimmerman have brought a summons in Action No. 1263 of1999, in the Supreme Court of South Australia seeking thewinding up of Lindblom & Hadley Independent ValuationNetwork Pty Ltd. The summons is listed for hearing on Tuesday,7 December 1999 at not before 2.15 p.m. Any creditor orcontributory of Lindblom & Hadley Independent ValuationNetwork Pty Ltd wishing to be heard on the summons must fileand serve a notice in accordance with Rule 20 of theCorporations (South Australia) Rules 1993, at least three businessdays before the day on which the summons is listed for hearingand must attend at the Supreme Courthouse, Victoria Square,Adelaide at the time set for the hearing of the summons. A copyof the summons and the affidavit in support can be obtained onpayment of the proper cost from Scammell & Co., Solicitors,235 St Vincent Street, Port Adelaide, S.A. 5015.

NORTH AUSTRALIAN ENERGY SYSTEMS PTY LIMITED(ACN 071 254 941)

ON 19 October 1999, the Supreme Court of South Australia inAction No. 1024 of 1999 made an order for the winding up ofNorth Australian Energy Systems Pty Limited and appointedMark Christopher Hall, 26 Flinders Street, Adelaide, S.A. 5000,to be the liquidator of that company.

DEPUTY COMMISSIONER OF T AXATION, 191Pulteney Street, Adelaide, S.A. 5000.

POLYTECH TECHNICAL SERVICES PTY LTD(Subject to Deed of Company Arrangement)

(ACN 007 966 734)

J. BLACKWOOD & SON LTD (trading as A. E. Baker & Co.)has brought a summons in Action No. 1236 of 1999, in theSupreme Court of South Australia seeking the winding up ofPolytech Technical Services Pty Ltd (Subject to Deed ofCompany Arrangement). The summons is listed for hearing on16 November 1999 at not before 2.30 p.m. Any creditor orcontributory of Polytech Technical Services Pty Ltd (Subject toDeed of Company Arrangement) wishing to be heard on thesummons must file and serve a notice in accordance with Rule 20of the Corporations (South Australia) Rules 1993, at least threebusiness days before the day on which the summons is listed forhearing and must attend at the Supreme Courthouse, VictoriaSquare, Adelaide at the time set for the hearing of the summons.A copy of the summons and the affidavit in support can beobtained on payment of the proper costs from Marshalls, Level2, 81 Flinders Street, Adelaide, S.A. 5000.

SCENIC OUTLOOK PTY LTD

(ACN 007 985 088)

ROTHMANS OF PALL MALL (AUSTRALIA) LIMITED (ACN000 151 100) has brought a summons in Action No. 1232 of1999, in the Supreme Court of South Australia seeking thewinding up of Scenic Outlook Pty Ltd. The summons is listed forhearing on Tuesday, 16 November 1999 at not before 2.15 p.m.Any creditor or contributory of Scenic Outlook Pty Ltd wishingto be heard on the summons must file and serve a notice inaccordance with Rule 20 of the Corporations (South Australia)Rules 1993, at least three business days before the day on whichthe summons is listed for hearing and must attend at the SupremeCourthouse, Victoria Square, Adelaide, at the time set for thehearing of the summons. A copy of the summons and theaffidavit in support can be obtained on payment of the propercost from Lempriere Abbott McLeod, 93 Carrington Street,Adelaide, S.A. 5000.

PARTNERSHIP ACT 1891

Dissolution of PartnershipNOTICE is hereby given that the partnership between NicoleBarta and Frank Jongewaard which carried on the business of anaccountancy and business advisory practice under the name ofDiverse Strategies was dissolved on 22 October 1999. NicoleBarta is not responsible for any debts and liabilities incurred byFrank Jongewaard after 22 October 1999.

Dated 28 October 1999.

N. BARTA

SALE OF PROPERTY

6/49-51 Leader Street, GoodwoodFRIDAY, 5 NOVEMBER AT NOON

NOTICE is hereby given that on the above date at the time andplace stated, by virtue of the Warrants of Sale issued out of theMagistrates Court of South Australia, Action Nos MTBCI 98-875, AMCCI 98-24517, AMCCI 95-16356, AMCCI 98-33048and AMCCI 98-14264 directed to the Sheriff of South Australiain an action wherein Foreman Mead McGinn and others, arePlaintiffs and Anthony Casimir is Defendant, I, John AndrewCarr, Sheriff, of the State of South Australia, will be myAuctioneers, Griffin Real Estate, make sale of the estate, right,title or interest whatsoever it may be of the defendant AnthonyCasimir as the registered proprietor of an estate in fee simple inthe following:

That piece of land situated in the area named Goodwood,being 6/49-51 Leader Street, being the property comprised inCertificate of Title Register Book volume 5051, folio 630.

Further particulars from the auctioneers:

Griffin Real Estate,179 King William Street,Hyde Park, S.A. 5061

Page 57: GOVERNMENT GAZETTE...Mark Anthony Rogers Marion Pocock Presiding Member: (from 28 October 1999 until 27 August 2001) Matthew Gerard O’Callaghan By command, IAIN EVANS, for Premier

28 October 1999] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 2133

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Printed and published by authority every Thursday by M. E. JONES, Acting Government Printer, South AustraliaPrice: $3.85, plus postage; to subscribers, $190 per annum.