Licences for aquatic activities
26 Licences for aquatic activities
The
CE may grant a licence entitling an organisation or person to use, in accordance with the terms and conditions of the licence, any waters within the jurisdiction for the purposes of an aquatic sport or activity or for any other purposes stated in the licence.
If the licence is to be granted in relation to waters within a port, the CE may only grant the licence with the consent of the port operator (but the operator's consent must not be unreasonably withheld).
If the licence is to be granted in relation to waters that form part of the River Murray, the CE must—
consult with the Minister to whom the administration of the River
Murray Act 2003 is committed; and
comply with the Minister's directions (if any) in relation to the issuing of the licence (including a direction that the licence not be granted, or that if it is to be granted, then the licence be subject to conditions specified by the Minister).
If the licence is to be granted in relation to waters that form part of—
the
Adelaide Dolphin Sanctuary—the CE must consult with and have regard to the views of the Minister to whom the administration of the Adelaide
Dolphin Sanctuary Act 2005 is committed; or
a marine park—the CE must consult with and have regard to the views of the Minister to whom the administration of the Marine
Parks Act 2007 is committed.
The regulations may exclude specified categories of licence from the operation of subsection (2a) or (2b).
The licensee may be required by the terms and conditions of the licence to take specified action for the purposes of informing the public of the area of waters to which the licence relates and of the times the licensee is entitled to use of those waters in accordance with the licence.
A person who, without the consent of the licensee, intrudes into waters when the licensee has, under the licence, an exclusive right to use those waters is guilty of an offence.
Maximum penalty: $750.1
Expiation fee: $105.
The
CE may revoke a licence granted under this section for a breach of a term or condition of the licence.
In this section—
River
Murray has the same meaning as in the River
Murray Act 2003.
Note—
1 By virtue of Act No. 17 of 2001 s 4 (see Gazette
25.10.2001 p4686) the maximum penalty for this offence was fixed at $750 (no expiation fee) for 30 October 2001 only. Section 26 was substituted on 31
October 2001 by Act No. 81 of 2000 s 11 (see Gazette
25.10.2001 p4687).
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