All public acts appearing in this gazette are to be considered official, and obeyed as such



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No. 10 533




THE SOUTH AUSTRALIAN
GOVERNMENT GAZETTE

www.governmentgazette.sa.gov.au




PUBLISHED BY AUTHORITY

ALL PUBLIC ACTS appearing in this GAZETTE are to be considered official, and obeyed as such


ADELAIDE, THURSDAY, 21 FEBRUARY 2008



CONTENTS


Page

Act Assented To 534

Appointments, Resignations, Etc. 534

Corporations and District Councils—Notices 638

Crown Lands Act 1929—Notices 535

Development Act 1993—Notices 535

Fisheries Management Act 2007—Notices 551

Geographical Names Act 1991—Notice 552

Land and Business (Sale and Conveyancing) Act 1994—

Notices 552

Liquor Licensing Act 1997—Notices 552

Mining Act 1971—Notices 556

Mount Gambier Circuit Court—Notice 558

National Electricity Law—Notice 558

National Parks and Wildlife (National Parks)

Regulations 2001—Notices 558

Petroleum Act 2000—Notice 559
Page

POLICY

Environment Protection (National Pollutant Inventory)

Notice 2008 568

Port Augusta Circuit Court—Notice 562

Public Trustee Office—Administration of Estates 640

REGULATIONS

National Parks and Wildlife Act 1972 (No. 16 of 2008) 581

Primary Industry Funding Schemes Act 1998

(No. 17 of 2008) 629

Road Traffic Act 1961 (No. 18 of 2008) 635

Roads (Opening and Closing) Act 1991—Notice 559

Sale of Property 640

Supported Residential Facilities Act 1992—Notice 559

Transport, Department of—Notices to Mariners 562

Unclaimed Moneys Act 1891—Notices 641

Water Mains and Sewers—Main Laid, Replaced, Etc 565



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 Government Publishing SA so as to be received no later


than 4 p.m. on the Tuesday preceding the day of publication. Phone 8207 1045 or Fax 8207 1040. E-mail:
governmentgazette@dpc.sa.gov.au. Send as attachments in Word format and please confirm your transmission with a faxed copy of your document, including the date the notice is to be published and to whom the notice will be charged. The Government Gazette is available online at: www.governmentgazette.sa.gov.au


Department of the Premier and Cabinet

Adelaide, 21 February 2008

HIS Excellency the Governor directs it to be notified for general information that she has in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Acts passed by the Legislative Council and House of Assembly in Parliament assembled, viz.:

No. 1 of 2008—Electricity (Feed-In Scheme—Solar Systems) Amendment Act 2008. An Act to amend the Electricity Act 1996.

By command,

Carmel Zollo, for Premier

DPC06/0875


Department of the Premier and Cabinet

Adelaide, 21 February 2008

HIS Excellency the Governor in Executive Council has been pleased to appoint the undermentioned to the Art Gallery Board, pursuant to the provisions of the Art Gallery Act 1939:

Member: (from 21 February 2008 until 20 February 2011)

Anne Rosalie Edwards

By command,

Carmel Zollo, for Premier

ASACAB007/02

Department of the Premier and Cabinet

Adelaide, 21 February 2008

HIS Excellency the Governor in Executive Council has been pleased to appoint the undermentioned to the State Emergency Management Committee, pursuant to the provisions of the Emergency Management Act 2004:

Member: (from 21 February 2008 until 20 February 2011)

Wendy Ann Campana

Deputy Member: (from 21 February 2008 until 20 February 2011)

Michael Sean Barry (Deputy to Campana)

By command,



Carmel Zollo, for Premier

DPC038/04CS

Department of the Premier and Cabinet

Adelaide, 21 February 2008

HIS Excellency the Governor in Executive Council has been pleased to appoint the undermentioned to the Occupational Therapy Board of South Australia, pursuant to the provisions of the Occupational Therapy Practice Act 2005:

Member: (from 21 February 2008 until 20 February 2011)

Pat Graske

By command,



Carmel Zollo, for Premier

HEACS07/247

Department of the Premier and Cabinet

Adelaide, 21 February 2008

HIS Excellency the Governor in Executive Council has been pleased to appoint the undermentioned to the Nurses Board of South Australia, pursuant to the provisions of the Nurses Act 1999:

Section 46 (1) Special Member: (from 21 February 2008 until 20 February 2011)

Richard Roland Schroeder

By command,



Carmel Zollo, for Premier

HEACS07/252

Department of the Premier and Cabinet

Adelaide, 21 February 2008

HIS Excellency the Governor in Executive Council has been pleased to appoint the undermentioned to the Correctional Services Advisory Council, pursuant to the provisions of the Correctional Services Act 1982:

Member: (from 21 February 2008 until 15 February 2009)

Joyleen Thomas

By command,



Carmel Zollo, for Premier

MCS08/010SC

Department of the Premier and Cabinet

Adelaide, 21 February 2008

HIS Excellency the Governor in Executive Council has revoked the appointment as officers of the Crown for the purpose of providing the range of custodial services for Prisoner Movement and In-Court Management Services, the former staff of GSL Custodial Services Pty Ltd listed, pursuant to section 68 of the Constitution Act 1934 and section 36 of the Acts Interpretation Act 1915:

Linda Koutlakis

Peter John Halsall

Richard Wayne Smith

Heather Ann Milisits

By command,



Carmel Zollo, for Premier

MCS08/009SC

Department of the Premier and Cabinet

Adelaide, 21 February 2008

HIS Excellency the Governor in Executive Council has been pleased to appoint Peter Maxwell Holderhead as an officer of the Crown for the purpose of providing the range of custodial services for Prisoner Movement and In-Court Management Services, in accordance with the South Australian Prisoner Movement and In-Court Management Contract, without pay or other industrial entitlement, staff of GSL Custodial Services Pty Ltd, pursuant to section 68 of the Constitution Act 1934.

By command,



Carmel Zollo, for Premier

MCS08/009SC

Department of the Premier and Cabinet

Adelaide, 21 February 2008

HIS Excellency the Governor in Executive Council has been pleased to appoint the people listed as Justices of the Peace for South Australia for a period of 10 years commencing from 21 February 2008 and expiring on 20 February 2018, pursuant to section 4 of the Justices of the Peace Act 2005:

Tina Caruso

William James Cobbledick

Helene Constantinou

Julie Patricia Davenport

Lesley Louise Gilling

Samir Hasic

Mary Catherine Hewett

Margaret Leonie Jacobson

Trevor Allen Kerber

Karol Paul Klepczynski

Bronwyn Leanne Lethborg

Rik Scott Morris

Abbie Slater

Vanessa Jane West

Leanne Kaye Wiles

By command,

Carmel Zollo, for Premier

JPS07/011CS


CROWN LANDS ACT 1929: SECTION 5

TAKE NOTICE that pursuant to the Crown Lands Act 1929, I, GAIL GAGO, Minister for Environment and Conservation, Minister of the Crown to whom the administration of the Crown Lands Act 1929 is committed DO HEREBY dedicate the Crown Land defined in The Schedule as Public Road.

The Schedule

Allotment 100 in Deposited Plan 75990, Hundred of Loveday, Cobdogla Irrigation Area, Loveday Division, County of Hamley, being within the district of Berri and Barmera.

Dated 21 February 2008.

Gail Gago, Minister for Environment and Conservation

DEH 11/3742

CROWN LANDS ACT 1929: SECTION 5

TAKE NOTICE that pursuant to the Crown Lands Act 1929, I, GAIL GAGO, Minister for Environment and Conservation, Minister of the Crown to whom the administration of the Crown Lands Act 1929 is committed DO HEREBY dedicate the Crown Land defined in The Schedule as a Coastal Reserve and declare that such land shall be under the care, control and management of the District Council of Franklin Harbour.



The Schedule

Allotment 201 in Deposited Plan 76547, Hundred of Playford, County of Jervois, exclusive of all necessary roads.

Dated 21 February 2008.

Gail Gago, Minister for Environment and Conservation

DENR 08/0321


DEVELOPMENT ACT 1993, SECTION 28 (1): DECLARA-TION OF INTERIM OPERATION OF COMMERCIAL FORESTRY DEVELOPMENT PLAN AMENDMENT BY THE MINISTER

Notice

PURSUANT to section 28 (1) of the Development Act 1993, I, Paul Holloway, Minister for Urban Development and Planning, am of the opinion that it is necessary in the interest of the orderly and proper development of the area affected by the ‘Commercial Forestry Development Plan Amendment’ that the Development Plan Amendment should come into operation without delay. I declare that the Development Plan Amendment will come into operation on an interim basis on 21 February 2008.



Paul Holloway, Minister for Urban Development and Planning

DEVELOPMENT ACT 1993, SECTION 28 (1): DECLARA-TION OF INTERIM OPERATION OF THE CITY OF WHYALLA—GENERAL AND COASTAL DEVELOP-MENT PLAN AMENDMENT

Notice

PURSUANT to section 28 (1) of the Development Act 1993, I, Paul Holloway, Minister for Urban Development and Planning, am of the opinion that it is necessary in the interest of the orderly and proper development of the area affected by ‘The City of Whyalla—General and Coastal Development Plan Amendment’ that the Plan Amendment should come into operation without delay on an interim basis on 21 February 2008.



Paul Holloway, Minister for Urban Development and Planning

DEVELOPMENT ACT 1993, SECTION 25 (17): CORPORA-TION OF THE CITY OF WHYALLA—WHYALLA (CITY) DEVELOPMENT PLAN—BOUNDARY EXTENSION PLAN AMENDMENT REPORT



Preamble

1. The Development Plan amendment entitled ‘Corporation of the City of Whyalla—Boundary Extension PAR’ (the Plan


Amendment) has been finalised in accordance with the provisions of the Development Act 1993.

2. The Minister for Urban Development and Planning has decided to approve the Plan Amendment.

Notice

PURSUANT to section 25 of the Development Act 1993, I—



(a) approve the Plan Amendment; and

(b) fix the day on which this notice is published in the Gazette as the day on which the Plan Amendment will come into operation.

Dated 21 February 2008.



Paul Holloway, Minister for Urban Development and Planning
DEVELOPMENT ACT 1993, SECTION 25 (17): DISTRICT COUNCIL OF STREAKY BAY—STREAKY BAY (DC) DEVELOPMENT PLAN—DEFERRED URBAN ZONE PLAN AMENDMENT REPORT

Preamble

1. The Development Plan amendment entitled ‘District Council of Streaky Bay—Streaky Bay (DC) Development Plan—Deferred Urban Zone PAR’ (the Plan Amendment) has been finalised in accordance with the provisions of the Development Act 1993.

2. The Minister for Urban Development and Planning has decided to approve the Plan Amendment.

Notice


PURSUANT to section 25 of the Development Act 1993, I—

(a) approve the Plan Amendment; and

(b) fix the day on which this notice is published in the Gazette as the day on which the Plan Amendment will come into operation.

Dated 21 February 2008.



Paul Holloway, Minister for Urban Development and Planning
DEVELOPMENT ACT 1993, DISTRICT COUNCIL OF BARUNGA WEST

Erratum

THE notice in the Government Gazette, that appeared Thursday, 14 February 2008 on page 449, under the heading ‘DEVELOP-MENT ACT 1993, SECTION 25 (17): DISTRICT COUNCIL OF BARUNGA WEST—BARUNGA (DC) DEVELOPMENT PLAN—TOWNS AND TOWNSHIPS PLAN AMENDMENT REPORT’ should be replaced with the following Notice:

‘DEVELOPMENT ACT 1993, SECTION 25 (17): DISTRICT COUNCIL OF BARUNGA WEST—BARUNGA (DC) DEVELOPMENT PLAN—TOWNS AND TOWNSHIPS PLAN AMENDMENT REPORT

Preamble

1. The Development Plan amendment entitled ‘District Council of Barunga West—Barunga (DC) Development Plan—Towns and Townships Plan Amendment’ (the Plan Amendment) has been finalised in accordance with the provisions of the Development Act 1993.

2. The Minister for Urban Development and Planning has decided to approve the Plan Amendment.

Notice


PURSUANT to section 25 of the Development Act 1993, I—

(a) approve the Plan Amendment; and

(b) fix the day on which this notice is published in the Gazette as the day on which the Plan Amendment will come into operation.

Dated 14 February 2008.



Paul Holloway, Minister for Urban Development and Planning’

DEVELOPMENT ACT 1993



Commercial Forestry Development Plan Amendment Prepared by The Minister—Draft for Public Consultation

NOTICE is hereby given that the Minister for Urban Development and Planning has, pursuant to sections 24 and 26 of the Develop-ment Act 1993, prepared a Development Plan Amendment (DPA) to amend the following Development Plans:

• Adelaide Hills Council.

• Alexandrina Council.

• The Barossa Council.

• Mount Barker (DC).

• Onkaparinga (City).

• Victor Harbor (City).

• Yankalilla (DC).

The DPA proposes to introduce consistent, best practice policy into the affected Development Plans to ensure that commercial forests are established in the most appropriate locations; are set back from dwellings, powerlines, water courses and environ-mentally sensitive areas; and take into account bushfire protection measures.

The draft DPA will be on public consultation from Thursday,
21 February 2008 until Monday, 21 April 2008.

Copies of the draft DPA are available during normal office hours at the Department for Primary Industries and Resources SA (Planning SA), Level 5, 136 North Terrace, Adelaide, or can be viewed on the Internet at:



www.planning.sa.gov.au/go/ForestryDPA.

Alternatively the DPA can be viewed during normal office hours at the offices of the affected Councils.

Written submissions regarding the draft DPA should be received no later than 5 p.m. on 21 April 2008. All submissions should be addressed to the Presiding Member, Development Policy Advisory Committee, c/o Planning SA, G.P.O. Box 1815, Adelaide, S.A. 5001 and should clearly indicate whether you wish to be heard in support of your submission at the public meetings. If you wish to lodge your submission electronically, please email the electronic submission to plnsa.dpac@saugov.sa.gov.au.

Copies of all submissions will be available for inspection by interested persons from the close of submissions at Planning SA, Level 5, 136 North Terrace, Adelaide, until the conclusion of the public meetings, and will also be available for viewing on the Planning SA website.

Public meetings will be held as follows, at which time interested persons may appear to be heard in relation to the draft DPA and the submissions:

• Monday, 5 May 2008 at 7 p.m. in the Ballroom, Auchen-darroch House, 17 Adelaide Road, Mount Barker.

• Thursday, 8 May 2008 at 7 p.m. in the Investigator Room, Whalers Inn Resort, 121 Franklin Parade, Encounter Bay.

The public meetings will not be held if no submissions are received or if no submission includes a request to be heard. Please check Planning SA’s website at:



www.planning.sa.gov.au/go/ForestryDPA

before the scheduled date of the meetings to find out whether they are being held.

If you would like further information about the draft DPA, contact Steven Copus, Chief Project Officer on telephone
8303 0659 or via email at copus.steven@saugov.sa.gov.au.

Dated 21 February 2008.

S. Underwood, Secretary, Development Policy Advisory Committee

DEVELOPMENT ACT 1993: SECTION 48



Preamble

1. The decision of the Governor under section 51 of the Planning Act 1982 to approve the development of the Marina Goolwa including a marina extension and stages of waterfront development situated on the south-western end of Hindmarsh Island was made on 12 April 1990.

2. Following various amendments to the proposal for the development of a marina extension and stages of waterfront development, approval for Stages 2-6 of the Marina Goolwa, now known as The Marina Hindmarsh Island, was granted by the Governor on 1 July 1993.

3. Application to amend the design of the original proposal was approved by the Governor as a Major Development, pursuant to section 48 of the Development Act 1993, on 21 December 2000. The proposal was the subject of an amended Environmental Impact Statement and an amended Assessment Report, pursuant to section 47 of the Act.

4. Further applications for amendments to The Marina Hind-marsh Island were approved by the Development Assessment Commission, as delegate of the Governor, pursuant to section 48 of the Development Act 1993, on 10 July 2003, 28 April 2005 and 9 February 2006 and 16 August 2007.

5. Application has now been made to the Development Assessment Commission, as delegate of the Governor, pursuant to section 48 of the Development Act 1993, for approval of further amendments to The Marina Hindmarsh Island.

6. The proposed amendments are for changes to the approved layout plans and conceptual building designs for the proposed Convention Centre and Hotel and plans for an upgrade and expansion of the existing Waste Water Treatment Plant.

7. The proposed amendments to the development are contained in letters from The Marina Hindmarsh Island to Planning SA dated 11 December 2006 and 3 October 2007.

8. The Development Assessment Commission is satisfied that the amended development does not require the preparation of a further or amended Environmental Impact Statement, and that the amended proposal does not change the essential nature of the development.

9. The Development Assessment Commission has, in con-sidering the application, had regard to all relevant matters under section 48 (5) of the Development Act 1993.



Decision

PURSUANT to section 48 of the Development Act 1993, the Development Assessment Commission, as delegate of the Governor:



(a) grants provisional development authorisation for the amended Marina Hindmarsh Island and waterfront development proposal situated on the south-western end of Hindmarsh Island, subject to the conditions and notes to the applicant below;

(b) specifies all matters relating to this provisional development plan authorisation as matters in respect of which conditions of this authorisation may be varied or revoked, or new conditions attached; and

(c) pursuant to section 48 and Regulation 64 (1) of the Development Act 1993, and as noted in the Preamble to this provisional development authorisation, reserves the following matters for further decision-making at a later stage (refer ‘notes to the applicant’):

(i) further assessment and certification in respect of the Building Rules, in relation to construction of the:

• three-storey apartment building;

• residential apartment buildings;

residential buildings;

• the Central building facility in the Active Aged Community Development;

• the Residential Units Types A, AA, B, C, D, E, F, F 3 Bedroom, Special (Lot 62) and the two-storey Units in the Active Aged Community Develop-ment;

• the boat servicing and repair shed;

• the Enviro Shed;

• the Yacht Club Building; and

• Convention Centre and Hotel.

Conditions of Approval

1. The Marina Hindmarsh Island proposal shall be undertaken in accordance with:



(a) the following drawings contained in the application by Binalong Pty Ltd dated March 1990, except to the extent that they are varied by the drawings described in Conditions 1 (b)-(i) and the documents described in Condition 1 (j):

(i) Site Plan, Project No. 86.1512A Sheet P1 dated March 1990;

(ii) Land Division Application plans, Job No. 88A7091 Sheets 1A, 2A and 21 dated 16 March 1990;

(iii) Land Division Application plans, Job No. 88A7091 Sheets 3-20 dated 29 July 1988;

(iv) Marina Administration and Sales. Boat Brokerage, Marine Retail Services, Plan, Project No. 86.1512A Sheet P3;

(v) Marina Administration and Sales. Boat Brokerage, Marine Retail Services, elevations, Project No. 86.1512A Sheet P4;

(vi) Tavern, Bottle Shop and Convention Centre. Plan and Elevations, Project No. 86.1512A Sheet P5;

(vii) Resort Village. Site Plan, Project No. 86.1512A Sheet P7;

(viii) Resort Village—Typical Villa. Plans and Elevations, Project No. 86.1512A Sheet P8;

(ix) Resort Village. Elevations, Project No. 86.1512A Sheet P9;

(x) Resort Recreation Facility. Plan and Elevations, Project No. 86.1512A Sheet P10;

(xi) Marina Constructions and Operations Depot. Plan and Elevations, Project No. 86.1512A Sheet P11;

(xii) Heli-Port, Project No. 86.1512A Sheet P12;

(xiii) Caretakers Residence. Dry Stand Control Toilet and Shower Block, Yacht Club, Plans and Elevations, Project No. 86.1512A Sheet P13;

(xiv) Undercover Boat Storage and Lockers. Plan and Elevations, Project No. 86.1512A Sheet P14;

(xv) Marine Service and Boat Construction Facility. Marine Dry-Stand Servicing and Fuel Dock. Plan and Elevations, Project No. 86.1512A Sheet P15;

(xvi) Marine Village (Stage One). Plan and Elevations, Project No. 86.1512A Sheet P16;

(xvii) Residential Apartments. Plan and Elevations, Project No. 86.1512A Sheet P17;

   (xviii) Goolwa Marina Sewage Treatment Works, Job No. AFT 0172, Drawing No. 01, Issue A dated 14 June 1989;

(xix) the drawing entitled ‘Marina Entry’ and marked as having a 1:200 scale within the report entitled ‘Marina Goolwa Landscape Guidelines’ and dated July 1989 prepared by Land Systems Pty Ltd;

(xx) the drawing entitled ‘Marina Entry’ and marked as having a 1:500 scale within the report entitled ‘Marina Goolwa Landscape Guidelines’ and dated July 1989 prepared by Land Systems Pty Ltd;

(xxi) the drawing entitled ‘Typical Road Edge Treatment’ within the report entitled ‘Marina Goolwa Landscape Guidelines’ and dated July 1989 prepared by Land Systems Pty Ltd;

(xxii) the drawing entitled ‘Screen Mounding on Roads’ within the report entitled ‘Marina Goolwa Land-scape Guidelines’ and dated July 1989 prepared by Land Systems Pty Ltd;

(xxiii) the drawing entitled ‘Marina Complex’ within the report entitled ‘Marina Goolwa Landscape Guide-lines’ and dated July 1989 prepared by Land Systems Pty Ltd;

(xxiv) the drawing entitled ‘Marina Apartments’ and marked as having a 1:500 scale within the report entitled ‘Marina Goolwa Landscape Guidelines’ and dated July 1989 prepared by Land Systems Pty Ltd;

(xxv) the drawing entitled ‘Marina Apartments’ and marked as having a 1:100 scale within the report entitled ‘Marina Goolwa Landscape Guidelines’ and dated July 1989 prepared by Land Systems Pty Ltd;

(xxvi) the drawing entitled ‘Waterfront Residential’ within the report entitled ‘Marina Goolwa Land-scape Guidelines’ and dated July 1989 prepared by Land Systems Pty Ltd;

   (xxvii) the drawing entitled ‘Coastal Area’ within the report entitled ‘Marina Goolwa Landscape Guide-lines’ and dated July 1989 prepared by Land Systems Pty Ltd;

  (xxviii) the drawing entitled ‘Resort Development’ within the report entitled ‘Marina Goolwa Landscape Guidelines’ and dated July 1989 prepared by Land Systems Pty Ltd; and

(xxix) the drawing entitled ‘Landscaped Precincts’ within the report entitled ‘Marina Goolwa Land-scape Guidelines’ and dated July 1989 prepared by Land Systems Pty Ltd;



(b) the following drawings contained in the draft Environ-mental Impact Statement by Binalong Pty Ltd dated January 1990, except to the extent that they are varied by the drawings described in Conditions 1 (c)-(f) and the documents described in Condition 1 (g):

(i) Figure 8: Open space and public access;

(ii) Figure 9: Site earthworks;

(iii) Figure 10: Typical section through lagoon and allotments;

(iv) Figure 11: Design guidelines for islands;

(v) Figure 12: Design guidelines for woodlot;

(vi) Figure 13: Design guidelines for the entrance; and

(vii) Figure 14: Design guidelines for the recreation area;



(c) the drawing entitled ‘Marina Goolwa. Proposed Lagoon Development Stage 2. Hindmarsh Island’ granted approval by the Governor on 22 April 1993, except to the extent that it is amended by the drawings in Conditions 1 (d)-(f);

(d) the following drawings contained in the amended EIS:

(i) Part Site Plan, Project No. 86-1512K Sheet No. P2A dated 26 October 1999;

(ii) Part Site Plan, Project No. 86-1512K Sheet No. P18A dated 26 October 1999;

(iii) Residential Sales Centre. Plan and Elevation, Project No. 86-1512K Sheet No. P18 dated 26 October 1999; and

(iv) Redesign of Stages 4 and 5, Reference No. G20037 Revision 01 dated May 2000;

(e) the following drawings contained in the amended Assessment Report dated November 2000:

(i) Figure 3: Proposed Amended Staging Plan (General Layout); and

(ii) Figure 4: Amended Staging Plan (Residential Component);

(f) the following drawings contained in the letters from The Marina Hindmarsh Island to Planning SA dated 7 April 2003, 9 April 2003 and 8 May 2003:

(i) Part Site Plan, Project No. 86-1512K Sheet No. P2D dated 7 April 2003;

(ii) Boat Repair Facility, Project No. 86-1512K Sheet No. P19 dated March 2003;

(iii) Boat Storage Shed Elevations & Section, Project No. 86-1512K Sheet No. P18 dated 10 March 2003;

(iv) Boat Storage Shed, Project No. 86-1512K Sheet No. P18 dated April 2003;

(v) Jetty Construction Facility, Project No. 86-1512K Sheet No. P20 dated April 2003;

(vi) Marine Dry Stand Servicing, Project No. 86-1512K Sheet No. P15 dated April 2003;

(vii) Proposed Retirement Estate Development, Project No. 86-1512K Sheet No. SD01 dated 25 March 2003;

(viii) Proposed Retirement Estate Development, Project No. 86-1512K Sheet No. SD02 dated 1 April 2003;

(ix) Hindmarsh Island Marina—Stage 7 Roadworks and Drainage Overall Layout Plan, Job No. 2100250A Drawing No. SK1 dated March 2003;

(x) The Marina Hindmarsh Island Stages 6 and 8 Lagoon Residential Area, Cad File MRN2003C dated April 2003;

(xi) The Marina Hindmarsh Island—Stage 7 Proposed New Design, Cad File STAGE7NEW dated May 2003; and

(xii) The Marina Hindmarsh Island Staging Plan, Cad File STAGEPLAN dated May 2003;

(g) the following drawings contained in the letters from The Marina Hindmarsh Island to Planning SA dated 9 June 2004, 16 August 2004, 9 December 2004, 16 December 2004, 3 January 2005 and 5 April 2005:

(i) Location Plan, Proposed Design amendments. Drawn by L. Veska dated June 2004;

(ii) Amendment A—Plan showing proposed adjust-ment of boundaries of Allotment 1 in Develop-ment Plan 28183. Drawn by L. Veska dated June 2004;

(iii) Amendment B—Proposed Land Division Allot-ment 2036 in Development Plan 60446 of Nangkita. Drawn by L. Veska Version 3—July 2004;

(iv) Amendment C—Stage 7, Proposed New Design. Drawn by L. Veska dated May 2004;

(v) Amendment D—Proposed Land Division, Stage 9. Drawn by L. Veska dated May 2004;

(vi) Proposed Apartment Complex Vesta Drive, Hind-marsh Island. South and north elevation. Walter Brooke dated 24 August 2004;

(vii) Proposed Apartment Complex Vesta Drive, Hind-marsh Island. East and west elevation. Walter Brooke dated 24 August 2004;

(viii) Proposed Apartment Complex Vesta Drive, Hind-marsh Island. Typical Apartment Plans. Walter Brooke dated 24 August 2004;

(ix) Proposed Apartment Complex Vesta Drive, Hind-marsh Island. Floor Plans. Walter Brooke dated 24 August 2004;

(x) Proposed Apartment Complex Vesta Drive, Hind-marsh Island. Site Plan. Walter Brooke dated 24 August 2004;

(xi) Proposed Retirement Estate Vesta Drive, Hind-marsh Island. Overall Site Plan. Walter Brooke dated 24 August 2004;

(xii) Proposed Retirement Estate Vesta Drive, Hind-marsh Island. Site Plan—Central Facility. Walter Brooke dated 24 August 2004;

(xiii) Proposed Retirement Estate Vesta Drive, Hind-marsh Island. Ground Floor and First Floor Plan and West Elevation—Central Facility. Walter Brooke dated 24 August 2004;

(xiv) Proposed Retirement Estate Vesta Drive, Hind-marsh Island. Part Site Plan-1. Walter Brooke dated 24 August 2004;

(xv) Proposed Retirement Estate Vesta Drive, Hind-marsh Island. Part Site Plan-2. Walter Brooke dated 24 August 2004;

(xvi) Proposed Yacht Club Facility Vesta Drive, Hind-marsh Island. Site Plan, Ground Floor and Upper Floor Plan and south-east elevation. Walter Brooke dated 24 August 2004;

(xvii) Marine Servicing Area. Part Site Plan. Walter Brooke dated 27 May 2004;

   (xviii) Proposed Marine Servicing. Section AA, Floor Plan, south, north and west elevations. Walter Brooke dated 24 August 2004;

(xix) Proposed Enviro Shed. Section AA, Floor Plan, south and east elevations. Walter Brooke dated 24 August 2004;

(xx) Amendment D—Proposed Land Division, Stage 9/Section Locations. Parsons Brinckerhoff/Drawn by L. Veska dated May 2004;

(xxi) Sections A and B—Amendment D—Proposed Land Division, Stage 9. Parsons Brinckerhoff. December 2004;

(xxii) Retirement Estate Typical Residential Units. Unit Type A. Walter Brooke—undated;

(xxiii) Retirement Estate Typical Residential Units. Unit Type B. Walter Brooke—undated;

(xxiv) Retirement Estate Typical Residential Units. Unit Type C. Walter Brooke—undated;

(xxv) Retirement Estate Typical Residential Units. Unit Type D. Walter Brooke—undated;

(xxvi) Retirement Estate Typical Residential Units. Unit Type E. Walter Brooke—undated;

   (xxvii) Retirement Estate Typical Residential Units. Unit Type F. Walter Brooke—undated;

  (xxviii) Retirement Estate Typical Residential Units. Two-storey Unit. Walter Brooke—undated;

(xxix) Plan Showing Possible Exchange of Reserves. Drawn by L. Veska dated November 2004;

(xxx) Staging Plan. Drawn by L. Veska dated April 2005; and

(xxxi) Current Reserve Areas—Ownership status on Staging Plan. Drawn by L. Veska—undated;



(h) the following drawing contained in the letters from The Marina Hindmarsh Island to Planning SA dated 9 June 2004:

(i) Amendment C—The Marina Hindmarsh Island, Stage 7, Proposed New Design. Drawn by L. Veska dated May 2004;



(i) the following drawings and plans contained in the letters from The Marina Hindmarsh Island to Planning SA dated 9 May 2006, 11 December 2006 and 15 December 2006:

(i) The Marina Hindmarsh Island, Plan of Proposed Amendment—Portion of Stage 7. Drawn by L. Veska dated May 2006;

(ii) The Marina Hindmarsh Island, Proposed Retire-ment Estate—Vesta Drive, Hindmarsh Island. Overall Site Plan. Walter Brooke dated 24 November 2006;

(iii) Retirement Estate—Typical Residential Units. Unit Type A. Walter Brooke—undated;

(iv) Retirement Estate—Typical Residential Units. Unit Type B. Walter Brooke—undated;

(v) Retirement Estate—Typical Residential Units. Unit Type C. Walter Brooke—undated;

(vi) Retirement Estate—Typical Residential Units. Unit Type D. Walter Brooke—undated;

(vii) Retirement Estate—Typical Residential Units. Unit Type F. Walter Brooke—undated;

(viii) Retirement Estate—Typical Residential Units. Two-storey Unit—Front Elevation. Walter Brooke—undated;

(ix) Retirement Estate—Typical Residential Units. Two-storey Unit. Walter Brooke—undated;

(x) Retirement Estate—Typical Residential Units. Unit Type F—Three Bedroom. Walter Brooke—undated;

(xi) Retirement Estate—Typical Residential Units. Two-storey four Bedroom Unit—Front Elevation/ Upper Floor. Walter Brooke—undated;

(xii) Retirement Estate—Typical Residential Units. Two-storey Unit. Walter Brooke—undated;

(xiii) The Marina Hindmarsh Island, Amended Land Division of Allotments 128 to 140 in Stage 7. Drawn by L. Veska dated June 2006;

(xiv) Plan Titled: ‘WAREHOUSE UNITS’—undated;

(xv) Plan Titled: ‘DUELLED KEY UNITS’—undated;

(xvi) Plan Titled: Marina Apartment, Hindmarsh Island. Walter Brooke—undated;

(xvii) Retirement Estate—Typical Residential Units. Two-storey four Bedroom Unit—Front Elevation. Walter Brooke—undated;

   (xviii) Retirement Estate—Typical Residential Units. Two-storey four Bedroom Unit. Walter Brooke—undated;

(xix) Retirement Estate—Typical Residential Units. Unit—Special (Lot 62). Walter Brooke—undated; and

(xx) Retirement Estate—Typical Residential Units. Unit Type AA. Walter Brooke—undated;

(j) the following drawings and plans contained in the letters from The Marina Hindmarsh Island to Planning SA dated 11 December 2006 and 3 October 2007:

(i) Resort Hotel & Conference Centre—Site Plan SK-01. Walter Brooke—undated;

(ii) Resort Hotel & Conference Centre—Basement Plan SK-02. Walter Brooke—undated;

(iii) Resort Hotel & Conference Centre—Ground Floor Plan SK-03A. Walter Brooke—undated;

(iv) Resort Hotel & Conference Centre—Elevations SK-04. Walter Brooke—undated;

(v) Resort Hotel & Conference Centre—Second Floor Plan SK-05. Walter Brooke—undated;

(vi) Resort Hotel & Conference Centre—Typical Unit Layout Plans SK-06. Walter Brooke—undated;

(vii) The Marina WWTP, Hindmarsh Island, SA—Process Diagram Revision C. Factor Consulting Engineers Pty Ltd dated 31 July 2007; and

(viii) The Marina WWTP, Torlano Drive, Hindmarsh Island, SA—Proposed Site Plan Revision A. Factor Consulting Engineers Pty Ltd dated 19 September 2007.

(k) the following documents as they relate to the marina extension and waterfront development except to the extent that they are varied by the drawings described in Conditions 1 (c)-(i):

(i) the Draft Environmental Impact Statement by Binalong Pty Ltd dated November 1989;

(ii) the Supplement to the Draft Environmental Impact Statement by Binalong Pty Ltd dated January 1990;

(iii) the application by Binalong Pty Ltd dated March 1990;

(iv) the letter from QED Pty Ltd, on behalf of Kebaro Pty Ltd, to Planning SA dated 16 June 2000;

(v) the document entitled ‘Review and Amendment of the Environmental Impact Statement on the Hindmarsh Island Bridge Marina Extensions and Waterfront Development’ dated 16 June 2000 (‘the amended EIS’);

(vi) the letter from the Marina Hindmarsh Island to Planning SA dated 2 October 2000;

(vii) the letter from the Marina Hindmarsh Island to Planning SA dated 1 December 2000;

(viii) the letter from The Marina Hindmarsh Island to Planning SA dated 7 April 2003;

(ix) the letter from The Marina Hindmarsh Island to Planning SA dated 9 April 2003;

(x) the letter from The Marina Hindmarsh Island to Planning SA dated 8 May 2003;

(xi) the letter from The Marina Hindmarsh Island to Planning SA dated 9 June 2004;

(xii) the letter from The Marina Hindmarsh Island to Planning SA dated 16 August 2004;

(xiii) the letter from Lynch Meyer to Planning SA dated 25 November 2004;

(xiv) the letter from The Marina Hindmarsh Island to Planning SA dated 9 December 2004;

(xv) the letter from The Marina Hindmarsh Island to Planning SA dated 16 December 2004;

   (xvi) the letter from The Marina Hindmarsh Island to Planning SA dated 3 January 2005;

   (xvii) the letter from QED Pty Ltd to Tom Chapman, dated 1 April 2005;

  (xviii) the letter from The Marina Hindmarsh Island to Planning SA dated 5 April 2005;

(xix) the letter from QED Pty Ltd to Planning SA dated 28 May 2004;

(xx) the letter from The Marina Hindmarsh Island to Planning SA dated 20 December 2005;

(xxi) the letter from The Marina Hindmarsh Island to Planning SA dated 9 May 2006;

(xxii) the letter from The Marina Hindmarsh Island to Planning SA dated 11 December 2006;

   (xxiii) the letter from The Marina Hindmarsh Island to Planning SA dated 15 December 2006; and

   (xxiv) the letter dated 3 October 2007.

2. No works shall be commenced on a particular Stage of the proposal as depicted on the drawing entitled ‘The Marina Hind-marsh Island Staging Plan’ in the letter from The Marina Hindmarsh Island to Planning SA dated 8 May 2003 unless and until:



(a) a building certifier or the Alexandrina Council has certified to the Development Assessment Commission that any work in the Stage that constitutes building work under the Development Act 1993, complies with the Building Rules;

(b) a registered engineer has produced to the Development Assessment Commission a certificate as to the structural soundness of any boat ramp, slip-way facilities, travel-lift jetty and boat effluent pump-out facilities in the Stage (unless such work has been certified under Condition 2 (b));

(c) compaction specifications (certified by a registered engineer) for the areas for any residential allotments, commercial development, carpark, dry stand and boat ramp and slip-way facilities in the Stage have been produced to the Development Assessment Commission; and

(d) binding arrangements (to the reasonable satisfaction of the Development Assessment Commission) have been made for the permanent management and maintenance of any public reserves in the Stage.

3. No works shall commence on the undertaking of the boating hub area until a Soil Erosion and Drainage Management Plan for the construction and operational stages of the boating hub area has been prepared to the reasonable satisfaction of the Development Assessment Commission in consultation with the Environment Protection Authority. The Soil Erosion and Drainage Management Plan shall ensure that drainage practices are based on the principles outlined in the Stormwater Pollution Prevention Code of Practice for the Building and Construction Industry (1997) and the Stormwater Pollution Prevention Code of Practice for General Industry, Retail and Commercial Premises (1998) prepared by the Environment Protection Authority and shall include appropriate strategies for the collection, treatment, storage and disposal of stormwater from the boating hub area.

4. No works shall be commenced on the Convention Centre and Hotel unless and until:

(a) a building certifier or the Alexandrina Council has certified to the Development Assessment Commission that any work that constitutes building work under the Development Act 1993, complies with the Building Rules; and

(b) compaction specifications (certified by a registered engineer) for the site have been produced to the Development Assessment Commission.

5. No works shall commence on the Convention Centre and Hotel until a Soil Erosion and Drainage Management Plan for the construction and operational stages has been prepared to the reasonable satisfaction of the Development Assessment Commission in consultation with the Environment Protection Authority. The Soil Erosion and Drainage Management Plan shall ensure that drainage practices are based on the principles outlined in the Stormwater Pollution Prevention Code of Practice for the Building & Construction Industry and the Stormwater Pollution Prevention Code of Practice for General Industry, Retail and Commercial Premises prepared by the Environment Protection Authority and shall include appropriate strategies for the collection, treatment, storage and disposal of stormwater.

6. No works shall commence on the Convention Centre and Hotel until a Traffic Impact Study has been prepared, to the reasonable satisfaction of the Department of Transport, Energy and Infrastructure, to determine the potential impact on the surrounding arterial road network and any infrastructure improvements required.

7. No works shall commence on the Convention Centre and Hotel until a Noise Impact Study has been prepared, to the reasonable satisfaction of the Environment Protection Authority, to determine the impact on surrounding residents and suitable mitigation measures.

8. The final design of the Convention Centre and Hotel shall include measures to minimise greenhouse gas emissions and resource use during the construction and operational phases to the reasonable satisfaction of Planning SA.

9. The final design of the Convention Centre and Hotel shall include measures to ensure environmental sustainability, particularly for energy and water conservation, to the reasonable satisfaction of Planning SA. Water-sensitive urban design measures and practices shall be adopted for the management of run-off, including stormwater capture and re-use.

10. The children’s playground shall be relocated to a suitable site to the reasonable satisfaction of the Alexandrina Council.

11. No works shall commence on the Convention Centre and Hotel until a Landscaping Plan has been prepared to the reasonable satisfaction of Planning SA.

12. An application pursuant to the Real Property Act 1886, for the deposit of a plan of division shall not be submitted for:

(a) Stage 3 until at least 50% of Stage 2 allotments have been sold and transferred;

(b) Stage 6 until at least 50% of Stage 3 allotments have been sold and transferred; and

(c) Stage 8 until at least 50% of Stage 6 allotments have been sold and transferred.

13. All water supply connections within the development shall satisfy the requirements of the South Australian Water Corporation.

14. Water contained in the marina basin and residential lagoons shall be maintained at not less than the quality of the water of the River Murray adjacent to the site at all times.

15. Edge treatments and the channel and basin depths shall be maintained to the specifications depicted on the plans in the application by Binalong Pty Ltd dated March 1990.

16. Any population of Wilsonia backhousei on the site shall be either:

(i) clearly identified by signposting and protected from damage; or

(ii) transplanted, at the applicant’s cost, to another location or locations on Hindmarsh Island specified in writing by the Chief Executive Officer of the Department for Environment and Heritage.

17. The expanded Waste Water Treatment Plant shall have sufficient capacity to cater for effluent generated by the Convention Centre and Hotel operating at full capacity.

18. The refurbishment of the effluent storage lagoons must be undertaken in accordance with the Environment Protection Authority Guideline Wastewater and Evaporation Lagoon Construction (2004) and have sufficient capacity to ensure that during long periods of rain, when irrigation is not required, all wastewater is able to be adequately stored.

19. Three years after the commissioning date of the upgraded/ expanded Waste Water Treatment Plant an odour assessment shall be undertaken, to the reasonable satisfaction of the Environment Protection Authority, using an appropriate odour source modelling package and in accordance with the Environment Protection Authority Guideline Odour Assessment Using Odour Source Modelling.

20. Three years after the commissioning date of the upgraded/ expanded Waste Water Treatment Plant a noise survey shall be undertaken, to the reasonable satisfaction of the Environment Protection Authority, to ensure that the requirements of the Environment Protection Authority Environment Protection (Noise) Policy (2007) are being met.

21. The woodlot depicted on the drawing entitled ‘Figure 3: Proposed Amended Staging Plan (General Layout)’ in the amended Assessment Report dated November 2000 and the drawing entitled ‘Figure 12: Design guidelines for woodlot’ in the draft Environmental Impact Statement by Binalong Pty Ltd dated January 1990 shall be established in the first growing season occurring after wastewater levels are sufficient, in the opinion of the Development Assessment Commission, to enable adequate irrigation of plantings. Sufficient land shall be made available for future expansion of the woodlot in order to cater for any increase in capacity of the Waste Water Treatment Plant.

22. Public access shall be provided from the entrance road to the reserve depicted as allotment 909 on Land Division Application plans, Job No. 88A7091, Sheets 20 and 21 dated 29 July 1988.

23. Public access shall be provided to the marina basin.

24. Public access shall be provided to Council owned or managed reserves along the Island foreshore.

25. A Waste Management Plan to cater for the existing marina facilities and the boating hub area that incorporates the findings of the Marine Wastes Reception Facilities Needs Analysis—Site Needs Analysis for the Marina Hindmarsh Island (2000) prepared by Sinclair Knight Merz for the Marine Group of Environment Australia (Commonwealth Government) shall be prepared and submitted to Planning SA (a branch of the Department for Transport, Urban Planning and the Arts) by 30 June 2001. The waste management plan shall detail the different waste streams generated, outline any opportunities for recycling, and allocate responsibilities for the collection and disposal of waste and recyclable materials. The Waste Management Plan shall be prepared in consultation with the Environment Protection Agency (a branch of the Department for Environment and Heritage) and the Alexandrina Council.

26. A salinity monitoring program for the marina basin and residential lagoons shall be prepared and submitted to Planning SA (a branch of the Department for Transport, Urban Planning and the Arts) by 30 June 2001.

27. All work shall be undertaken in accordance with:



(a) the Soil Erosion and Drainage Management Plan referred to in Condition 3;

(b) the Waste Management Plan referred to in Condition 13; and

(c) the salinity monitoring program referred to in Condition 14.

In respect of Conditions 3 and 24, the boating hub area means the following elements of the approved development as depicted on the drawing entitled Part Site Plan, Project No. 86-1512K Sheet No. P2D dated 7 April 2003, in the letter from The Marina Hindmarsh Island to Planning SA dated 7 April 2003:



(a) marine service and boat construction facility;

(b) dry stand and parking area;

(c) marine dry stand servicing facility;

(d) dry stand control centre;

(e) under cover boat storage and lockers;

(f) slip shed;

(g) trailer/boat storage and parking area;

(h) boat repair facility; and

(i) marine village commercial and retail precinct.

For the purposes of section 48 (7) of the Development Act 1993, I specify water quality, stormwater management and waste management to be matters in relation to which the Governor may vary, revoke or attach new conditions.

28. In lieu of exchanging reserve land, a hard court area shall be provided in the vicinity of the proposed carpark for the purpose of tennis and basketball activities. This shall be constructed and maintained by Kebaro Pty Ltd or an alternative body that Kebaro Pty Ltd chooses, other than Council.

29. Differential pavement texture and colour shall be installed at three locations immediately east, north and west of the T-Junction of Vesta Drive, to emphasise the pedestrian crossing between:

• the Yacht Club and the carpark;

• the car park and the Active Aged Development; and

• the Active Aged Development and eastern end of the Yacht Club.

30. Suitable bunding shall be installed to ensure that any storm-water run-off from development in the Country Living Estate, is captured within the bounds of the development site. The bund shall be established prior to any construction activity.

31. Native vegetation shall be established in order to provide a buffer area between the Country Living Estate and the samphire community. The vegetation shall be established within three months of the installation of the stormwater bund.

32. A monitoring program shall be established to ensure that there is no weed spread from properties in the Country Living Estate to the samphire community. The program shall be commenced following the construction of dwellings.

33. In relation to the amended land division components, that the financial, easement and internal drain requirements for water and sewerage services of the SA Water Corporation, if any, shall be met.

34. That two copies of a certified survey plan shall be lodged for certificate purposes, for each of the land divisions.



Notes:

1. Although the general concept of each of the following elements as amended is considered acceptable, no development approval is hereby granted for:

• the division of the land comprised in proposed allotments numbered 1272 to 1677 inclusive as depicted on the drawing entitled ‘The Marina Hindmarsh Island—Stages 6 and 8 Lagoon Residential Area’ in the letter from The Marina Hindmarsh Island to the Assessment Branch, Planning SA dated 8 May 2003;

• the trailer storage building;

• the jetty construction facility;

• the boat storage shed and dry standing/parking area;

• offices;

• the two caretaker accommodation dwellings;

• the additional slipway storage shed;

• the second storey on the marina office;

• the enlargement of buildings 7A, 7B and 7C in the marine service and boat construction facility area;

• the revised building design in the tree nursery, bulk store and marina construction and operations area;

• the additional timeshare unit building; and

• convention centre and hotel.

These elements will require the approval of an amendment of the development hereby approved. Detailed plans and, except in relation to the land division, elevations of each of these elements will be required for assessment.

2. A common building scheme encumbrance or equivalent device for development on residential allotments with similar terms to the current Memorandum of Encumbrance between Kebaro Pty Ltd and purchasers of allotments in Stages 1 and 2 should be made with purchasers for each further stage to ensure compliance with consistent design standards.

3. Development approval under the Development Act 1993 only has been granted for the marina extension and waterfront development as amended. Compliance is still required with all other relevant legislation, including the Environment Protection Act 1993 (SA) and the Aboriginal Heritage Act 1988 (SA).

4. Further approvals for the Waste Water Treatment Plant and for the disposal of waste water will need to be sought from the Environment Protection Authority, the Department of Health and the Department of Water, Land and Biodiversity Conservation before construction can commence.

5. A decision on the reserved matters relating to Building Rules assessment and certification requirements will only be made by the Governor (or a delegate) after a Building Rules assessment and certification has been undertaken and issued by the Alexandrina Council, or a private certifier, as required by the Development Act 1993; and after the Minister for Urban Development and Planning receives a copy of all relevant certification documentation, as outlined in Regulation 64 of the Development Regulations 1993.

6. If the Building Rules assessment process demonstrates that the Hindmarsh Island Marina development complies with the Building Rules pursuant to the Development Act 1993 and Development Regulations 1993, the Alexandrina Council or private certifier conducting the Building Rules assessment, must:



(a) provide to the Minister the certification in the form set out in Schedule 12A of the Development Regulations 1993; and

(b) to the extent that may be relevant and appropriate:

(i) issue a schedule of essential safety provisions under Division 4 of Part 12;

(ii) assign a classification of the building under these regulations; and

(iii) ensure that the appropriate levy has been paid under the Construction Industry Training Fund 1993.

7. Regulation 64 of the Development Regulations1993, provides further information about the type and quantity of all building certification documentation required for referral to the Minister.

8. Alexandrina Council or private certifier undertaking the Building Rules assessment and certification for the Hindmarsh Island Marina development, must ensure that any assessment and certification is consistent with this provisional development authorisation (including any conditions or notes that apply in relation to this provisional development authorisation).

Dated 14 February 2008.

R. Barua, Secretary, Development Assessment Commission

DEVELOPMENT ACT 1993, SECTION 29 (1) (a): AMENDMENT TO THE WHYALLA COUNCIL DEVELOPMENT PLAN



Preamble

It is necessary to amend the Whyalla Council Development Plan dated 21 February 2008.

Notice

PURSUANT to section 29 (1) (a) of the Development Act 1993, I, Paul Holloway, being the Minister administering the Act, amend the Whyalla Council Development Plan dated 21 February 2008 as follows:



Replace the Whyalla Town Plan Structure Plan with the contents of Attachment 1.

A
ttachment
1

Dated 21 February 2008.



Paul Holloway, Minister for Urban Development and Planning

DEVELOPMENT ACT 1993, SECTION 29 (2) (b) (i) and SECTION 29 (2) (c): AMENDMENTS TO DEVELOPMENT PLANS



Preamble

It is necessary to amend the Land Not Within a Council Area (Eyre, Far North, Riverland and Whyalla) Development Plan dated


16 August 2007.

Notice


PURSUANT to section 29 (2) (b) (i) and section 29 (2) (c) of the Development Act 1993, I, Paul Holloway, being the Minister administering the Act, amend the Land Not Within a Council Area (Eyre, Far North, Riverland and Whyalla Development Plan) dated
16 August 2007, as follows:

1. Replace the following maps with the contents of Attachment A, pursuant to section 29 (2) (b) (i):



(a) LNCWA(W) Index Map.

(b) LNWCA(W) Preface Map.

(c) Location Map LNWCA(W)/1.

(d) Overlay Map LNWCA(W)/1 TRANSPORT.


(e) Overlay Map LNWCA(W)/1 HAZARDS.

(f) Overlay Map LNWCA(W)/1 ABORIGINAL LANDS AND NATURAL RESOURCES.

(g) Zone Map LNWCA(W)/1.

2. Insert Attachment B immediately before the section of the Development Plan entitled ‘Concept Plan Maps’, pursuant to section 29 (2) (c).



Attachment A

























A
ttachment
B

Dated 21 February 2008.



Paul Holloway, Minister for Urban Development and Planning

FISHERIES MANAGEMENT ACT 2007: SECTION 115

TAKE notice that, pursuant to section 115 of the Fisheries Management Act 2007, Dallas Power of Power Aquaculture Pty Ltd, 4 Haigh Street, Port Lincoln, S.A. 5606 (the ‘exemption holder’) is exempt from the Fisheries Management Act 2007, but only insofar as he may take Pinna bicolor and Atrina tasmanica for the purpose of aquaculture broodstock (the ‘exempted activity’) in the waters specified in Schedule 1, subject to the conditions in Schedule 2 from 18 February 2008 until 31 December 2008.

Schedule 1

South Australian coastal waters of Denial Bay.

Schedule 2

1. The exemption holder may take a maximum of 250 Razorfish (Pinna bicolor) and 125 Pen mussel (Atrina tasmanica), however these species may only be taken pursuant to this exemption after approval of aquaculture activities by PIRSA Aquaculture.

2. A maximum of 50 individuals of each species may be taken from each collection site. Each collection site must be a minimum of 100 m apart to reduce local depletion of stock at each site.

3. No specimens taken pursuant to this exemption can be sold or transferred to another party.

4. All specimens taken pursuant to this exemption must be delivered to and retained on an aquaculture site on which PIRSA Aquaculture have endorsed aquaculture of these species.

5. The exempted activity may also be conducted on the exemption holder’s behalf by Rachel Lawrie.

6. The exemption holder or agent must notify PIRSA Fishwatch on 1800 065 522 at least two hours prior to conducting the exempted activity and answer a series of questions about the exempted activity. The exemption holder will need to have a copy of the exemption at the time of making the call, and be able to provide information about the area and time of the exempted activity, the vehicles and other related questions. Exemption No. 9902089.

7. While engaged in the exempted activity the exemption holder must carry or have about or near his or her person a copy of this notice. Such notice must be produced to a PIRSA Fisheries Officer upon request.

8. The exemption holder must not contravene or fail to comply with the Fisheries Management Act 2007, or any regulations made under that Act, except where specifically exempted by this notice.

Dated 14 February 2008.

W. Zacharin, Director of Fisheries

FISHERIES MANAGEMENT ACT 2007: SECTION 115

TAKE notice that pursuant to section 115 of the Fisheries Management Act 2007, Robert Mengler of Forestry SA, Jubilee Highway East, Mount Gambier, S.A. 5290 (the ‘exemption holder’), or a person acting as his agent, is exempt from the provision of sections 70 and 71 of the Fisheries Management Act 2007 and the Fisheries Management (General) Regulations 2007, insofar as he may engage in the collection of fish in wetlands located on Forestry SA land in the Limestone Coast of South Australia (the ‘exempted activity’) using the gear specified in Schedule 1, subject to the conditions set out in Schedule 2, from 22 February 2008 until 31 December 2008, unless varied or revoked earlier.

Schedule 1

• Dip nets.

• Bait traps.

• Fyke nets.

Schedule 2

1. The specimens collected by the exemption holders are for scientific and research purposes only and must not be sold.

2. All native fish taken pursuant to the exempted activity must be immediately returned to the water as soon as information is collected. All non-native fish must be destroyed and disposed of appropriately.

3. The exempted activity may only be conducted on the exemption holder’s behalf by Robert Mengler or Troy Horn.

4. Before conducting the exempted activity, the exemption holder must contact the PIRSA Fisheries Compliance Unit on 1800 065 522 and answer a series of questions about the exempted activity. You will need to have a copy of your exemption with you at the time of making the call and be able to provide information about the area and time of the exempted activity, the vehicles and/or boats involved, the number of agents undertaking the exempted activity and other related issues. Exemption No. 9902095.

5. While engaged in the exempted activity, the exemption holder must be in possession of a copy of this notice. Such notice must be produced to a PIRSA Fisheries Compliance Officer if requested.

6. The exemption holder must provide a report in writing detailing the outcomes of the collection of fish pursuant to this notice to the Director of Fisheries (G.P.O. Box 1625, Adelaide, S.A. 5001), within three months of the expiry of this notice, giving the following details:

• the date and time of collection;

• the description of all species collected; and

• the number of each species collected.

7. The exemption holder must not contravene or fail to comply with the Fisheries Management Act 2007, or any regulations made under that Act, except where specifically exempted by this notice.

Dated 18 February 2008.

W. Zacharin, Director of Fisheries

FISHERIES MANAGEMENT ACT 2007: SECTION 115



Exemption for SARDI Employees and Specified
Affiliates of SARDI

TAKE notice that pursuant to section 115 of the Fisheries Management Act 2007, the Chief Scientist and employees of the South Australian Research and Development Institute (SARDI) and in certain cases Specified Affiliates of SARDI (hereinafter referred to as the ‘exemption holder’), are exempt from sections 70, 71, 72, 73, 74 (1) (b), 76, 77, 79, 127, 128 and 129 of the Fisheries Management Act 2007 (the ‘exempted activity’), subject to the conditions specified in Schedule 1, from 13 February 2008 until 30 June 2008, unless varied or revoked earlier.

Schedule 1

1. All fish shall be taken, released or imported for research purposes only.

2. The exemption holder may take any species of fish using any type of device, except explosives, from any waters of the state.

3. The exemption holder, while engaged in activities pursuant to this exemption, must carry an identification card issued by SARDI.

4. At least one hour before conducting the exempted activity, the exemption holder must contact the PIRSA Fisheries Compliance Unit on 1800 065 522 and answer a series of questions about the exempted activity. The exemption holder will need to have a copy of this notice in their possession at the time of making the call and be able to provide information about the area and time of the exempted activity, the vehicles and/or boats involved and other related issues. Exemption No. 9902094.

5. While engaged in the exempted activity, the exemption holder must be in possession of a copy of this exemption. Such exemption must be produced to a PIRSA Fisheries Compliance Officer if requested.

6. The exemption holder must not contravene or fail to comply with the Fisheries Management Act 2007, or any regulations made under that Act, except where specifically exempted by this notice.

7. This exemption will only apply to Specified Affiliates of SARDI (including, but not limited to, independent contractors, research students, volunteers and other affiliates) provided the following additional pre-conditions are met:

• the affiliates are at all times in the presence of and under the direct supervision of a SARDI employee while undertaking the exempted activity;

• at least one clear business day (the ‘consideration period’) prior to undertaking the exempted activity the Chief Scientist of SARDI (or his delegate) notifies the Director of Fisheries (or his delegate) in writing of the names of the affiliates together with any other identifying information about the affiliates that may be specifically required from time to time; and

• no objection is taken to the affiliates nominated by SARDI during the consideration period (with any such objection being communicated to the Chief Scientist of SARDI or his delegate during the consideration period).

8. For the purpose of this instrument the delegate of the Director of Fisheries is:

Alex Chalupa

Special Projects Officer

Telephone: 8226 2962

Fax: 8226 0434

Dated 14 February 2008.

W. Zacharin, Director of Fisheries

GEOGRAPHICAL NAMES ACT 1991



Notice to Assign the Name to a Place

NOTICE is hereby given pursuant to the provisions of the above Act, that I, Patrick Conlon, Minister for Infrastructure, Minister of the Crown to whom the administration of the Geographical Names Act 1991, is committed DO HEREBY assign the name




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