The south australian government gazette



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N
o. 3 69

THE SOUTH AUSTRALIAN

GOVERNMENT GAZETTE

Published by Authority
Adelaide, Thursday, 19 January 2017


Contents


Appointments, Resignations, Etc. 70

Associations Incorporation Act 1985—Notices 70

Corporations and District Councils—Notices 94

Development Act 1993—Notice 70

Fisheries Management Act 2007—Notices 70

National Parks and Wildlife Act 1972—



Corrigendum 71

National Parks and Wildlife (National Parks)

Regulations 2016—Notices 71

Regulations

Local Nuisance and Litter Control Act 2016

(No. 1 of 2017) 73

Local Nuisance and Litter Control Act 2016

(No. 2 of 2017) 80

Tattooing Industry Control Act 2015—Notice 72

Unclaimed Moneys Act 1891—Notices 96



All public Acts appearing in this gazette are to be considered official, and obeyed as such
Printed and published each Thursday by authority of P. McMahon, Government Printer, South Australia

$7.21 per issue plus postage, $361.90 per annual subscription (GST inclusive)

Online publications: www.governmentgazette.sa.gov.au


Department of the Premier and Cabinet

Adelaide, 19 January 2017

HIS Excellency the Governor in Executive Council has been pleased to appoint the undermentioned to the Construction Industry Long Service Leave Board, pursuant to the provisions of the Construction Industry Long Service Leave Act 1987:

Deputy Member: (from 19 January 2017 until 30 June 2017)

Derek Martin Stapleton (Deputy to Cartledge).

By command,



Kyam Joseph Maher, Acting Premier

MIR0046/16CS

Department of the Premier and Cabinet

Adelaide, 19 January 2017

HIS Excellency the Governor in Executive Council has been pleased to appoint Anthony Garry McDonald to the position of Community Visitor for a period of three years commencing on
19 January 2017 and expiring on 18 January 2020, pursuant to the provisions of the Mental Health Act 2009.

By command,



Kyam Joseph Maher, Acting Premier

HEAC-2016-00099


ASSOCIATIONS INCORPORATION ACT 1985

Registration No. A10260

Application for Deregistration

PURSUANT to Section 41 (2) of the Associations Incorporation Act 1985, the Corporate Affairs Commission (‘the Commission’) hereby gives notice of the proposed deregistration of Lifeline Country to Coast Incorporated. After three months have passed from the date of this notice, the Commission may deregister the Association.

Given at Adelaide, 13 January 2017.

R. Aloi, A delegate of the Corporate

Affairs Commission

ASSOCIATIONS INCORPORATION ACT 1985

Registration No. A21963

Application for Deregistration

PURSUANT to Section 41 (2) of the Associations Incorporation Act 1985, the Corporate Affairs Commission (‘the Commission’) hereby gives notice of the proposed deregistration of Victory Christian Centre Incorporated. After three months have passed from the date of this notice, the Commission may deregister the Association.

Given at Adelaide, 10 January 2017.

R. Aloi, A delegate of the Corporate

Affairs Commission

ASSOCIATIONS INCORPORATION ACT 1985

Registration No. A3657

Application for Deregistration

PURSUANT to Section 41 (2) of the Associations Incorporation Act 1985, the Corporate Affairs Commission (‘the Commission’) hereby gives notice of the proposed deregistration of Spina Bifida And Hydrocephalus Association of South Australia Incorporated. After three months have passed from the date of this notice, the Commission may deregister the Association.

Given at Adelaide, 13 January 2017.

R. Aloi, A delegate of the Corporate

Affairs Commission
ASSOCIATIONS INCORPORATION ACT 1985

Registration No. A21261



Application for Deregistration

PURSUANT to Section 41 (2) of the Associations Incorporation Act 1985, the Corporate Affairs Commission (‘the Commission’) hereby gives notice of the proposed deregistration of Mid North Drag Racing Club Incorporated. After three months have passed from the date of this notice, the Commission may deregister the Association.

Given at Adelaide, 10 January 2017.

R. Aloi, A delegate of the Corporate

Affairs Commission

DEVELOPMENT ACT 1993, SECTION 29—AMENDMENT TO THE SALISBURY COUNCIL DEVELOPMENT PLAN



Preamble

It is necessary to amend the Salisbury Council Development Plan (the Plan) dated 7 July 2016.

Notice

PURSUANT to Section 29 (2) (b) (ii) of the Development Act 1993, I—



1. Amend the Plan as follows:

(a) Adding the following ‘Exception’ for Light industry, Store and Warehouse in the Non-complying Development list in the Urban Core Zone:

‘Except where located outside of:



(a) Main Shopping Policy Area 25.

(b) Airport Runway Control Policy Area 26.’

2. Fix the day on which this notice is published in the Gazette as the day on which the Section 29 Amendment will come into operation.

Dated 17 January 2017.

C. Kwong, Acting General Manager,

Planning and Development,

Development Division,

Department of Planning, Transport and Infrastructure,

As Delegate of John Rau, Minister for Planning

FISHERIES MANAGEMENT ACT 2007: SECTION 79

TAKE notice that, pursuant to Section 79 of the Fisheries Management Act 2007, it is hereby declared that it shall be unlawful for the holder of any fishery authority to engage in the class of fishing activity specified in Schedule 1 during the period specified in Schedule 2.

Schedule 1

The use of crab pots or sand crab pots in the following waters:

All waters east of the line commencing at the seaward end of the southern Outer Harbor breakwater closest to latitude 3447.316S, longitude 13828.002E, then westerly along the geodesic to the point near Entrance beacon closest to latitude 3447.202S, longitude 13824.9E, then south south-easterly along the geodesic to a point closest to latitude 352.514S, longitude 13829.274E, then east to Mean High Water Springs at latitude 352.514S, longitude 13830.624E.

All waters east of the line commencing at the seaward end of the northern Outer Harbor breakwater closest to latitude 34°47.042S, longitude 138°28.202E, then north-westerly along the geodesic to the point near Spoil Ground Pole closest to latitude 34°44.851S, longitude 138°26.680E, then north-easterly along the geodesic to Mean High Water Springs between St Kilda and Gawler Point at latitude 34°41.614S, longitude 138°28.406E.

All waters in the area contained within 2 nautical Miles (NM) from the boat ramps at the following locations:

Ardrossan (latitude 34°26.092S, longitude 137°55.045E);

Black Point (latitude 34°36.379S, longitude 137°52.923E);

Port Vincent (latitude 34°46.666S, longitude 137°51.774E); and

Stansbury (latitude 34°54.227S, longitude 137°47.861E).

The co-ordinates specified in this Schedule are based on the Geocentric Datum of Australia (GDA94).

Schedule 2

From 16 January 2017 to 28 February 2017 (inclusive) and
14 April 2017 to 17 April 2017 (inclusive).

Dated 13 January 2017.

S. Sloan, Director,

Fisheries and Aquaculture Policy

FISHERIES MANAGEMENT ACT 2007: SECTION 90 (2)

Department of Primary Industries and
Regions SA—Fisheries Division

NOTICE is hereby given pursuant to Section 90 (2) of the Fisheries Management Act 2007, that the following items have been seized by Officers of the Department of Primary Industries and Regions SA, Fisheries and Aquaculture:

1 Mesh nylon net, 30 m long, red in colour, orange header and foot ropes, homemade anchor at one end, yellow floats, 2.2 m deep.

The above items were suspected to have been used, or intended to be used, in contravention of the Fisheries Management Act 2007 and were taken into possession at Ral Ral Creek via Renmark on 6 January 2017.

After the expiration of one month from the date of this notice the item listed above shall, on the order of the Minister for Agriculture, Food and Fisheries, be forfeited to the Crown and shall be either disposed of by sale or destruction.

The above items may be viewed at the Largs North office of the Department of Primary Industries and Regions SA, Fisheries and Aquaculture.

Dated 16 January 2017.

B. Balmer, Prosecutions Co-ordinator

FISHERIES MANAGEMENT ACT 2007: SECTION 90 (2)



Department of Primary Industries and
Regions SA—Fisheries Division

NOTICE is hereby given pursuant to Section 90 (2) of the Fisheries Management Act 2007, that the following items have been seized by Officers of the Department of Primary Industries and Regions SA, Fisheries and Aquaculture:

A homemade wire yabby trap with 2 plastic bottles as floats.

The above items were suspected to have been used, or intended to be used, in contravention of the Fisheries Management Act 2007 and were taken into possession at Ral Ral Creek near Renmark on 6 January 2017.

After the expiration of one month from the date of this notice the item listed above shall, on the order of the Minister for Agriculture, Food and Fisheries, be forfeited to the Crown and shall be either disposed of by sale or destruction.

The above items may be viewed at the Largs North office of the Department of Primary Industries and Regions SA, Fisheries and Aquaculture.

Dated 16 January 2017.

B. Balmer, Prosecutions Co-ordinator

FISHERIES MANAGEMENT ACT 2007: SECTION 90 (2)



Department of Primary Industries and
Regions SA—Fisheries Division

NOTICE is hereby given pursuant to Section 90 (2) of the Fisheries Management Act 2007, that the following items have been seized by Officers of the Department of Primary Industries and Regions SA, Fisheries and Aquaculture:

2 approximately 50 m long mesh nets.

The above items were suspected to have been used, or intended to be used, in contravention of the Fisheries Management Act 2007 and were taken into possession at Port Gawler on 1 January 2017.

After the expiration of one month from the date of this notice the item listed above shall, on the order of the Minister for Agriculture, Food and Fisheries, be forfeited to the Crown and shall be either disposed of by sale or destruction.

The above items may be viewed at the Largs North office of the Department of Primary Industries and Regions SA, Fisheries and Aquaculture.

Dated 16 January 2017.

B. Balmer, Prosecutions Co-ordinator

IN Government Gazette No. 2 dated 12 January 2017 at page 43, second notice appearing, the dates were incorrect; the notice should be replaced with the following:

NATIONAL PARKS AND WILDLIFE ACT 1972

Corrigendum



Selected Adelaide and Mount Lofty Ranges
Management Plan Amendments

I, IAN HUNTER, Minister for Sustainability, Environment and Conservation, hereby give notice under the provisions of Section 38 of the National Parks and Wildlife Act 1972, that, on


5 January 2017, I adopted the following amended plans of management:

• Onkaparinga River Reserve Management Plan Amendment 2017

• Hallett Cove and Marino Conservation Parks Management Plan Amendment 2017

• Anstey Hill Recreation Park Management Plan Amendment 2017

• Morialta and Black Hill Conservation Parks Management Plan Amendment 2017.

These plans may be inspected or obtained at the Department of Environment Water and Natural Resources (DEWNR) website http://www.environment.sa.gov.au/parkmanagement.

Dated 5 January 2017.

Ian Hunter, Minister
for Sustainability, Environment and Conservation

NATIONAL PARKS AND WILDLIFE (NATIONAL PARKS) REGULATIONS 2016



Closure of The Dutchmans Stern Conservation Park and
Mount Brown Conservation Park

PURSUANT to Regulations 8 (3) (a) and 8 (3) (d) of the National Parks and Wildlife (National Parks) Regulations 2016, I, Grant Anthony Pelton, Director, Regional Programs, Parks and Regions Group, authorised delegate of the Director of National Parks and Wildlife, close to the public, the whole of The Dutchmans Stern Conservation Park and Mount Brown Conservation Park from 6 p.m. on Thursday, 2 March 2017 until 6 a.m. on Thursday,


9 March 2017.

The purpose of the closure is to ensure the safety of the public during a pest control program within the reserves during the period indicated.

Dated 13 January 2017.

G. A. Pelton, Director,

Regional Programs, Parks and Regions Group,

Department of Environment, Water and Natural Resources


NATIONAL PARKS AND WILDLIFE (NATIONAL PARKS) REGULATIONS 2016

Closure of the Telowie Gorge Conservation Park and the Napperby Block of Mount Remarkable National Park

PURSUANT to Regulations 8 (3) (a) and 8 (3) (d) of the National Parks and Wildlife (National Parks) Regulations 2016, I, Grant Anthony Pelton, Director, Regional Programs, Parks and Regions Group, authorised delegate of the Director of National Parks and Wildlife, close to the public, the whole of Telowie Gorge Conservation Park and the Napperby Block of Mount Remarkable National Park from 6 a.m. on Thursday, 16 February 2017 until 6 p.m. on Thursday, 23 February 2017. The purpose of the closure is to ensure the safety of the public during a pest control program within the reserves during the period indicated.

Dated 22 December 2016.

G. A. Pelton, Director,

Regional Programs, Parks and Regions Group,

Department of Environment, Water and Natural Resources


TATTOOING INDUSTRY CONTROL ACT 2015



Exemption

TAKE notice that, pursuant to Section 23 of the Tattooing Industry Control Act 2015, I, Hon Kyam Maher MLC, Acting Attorney-General, do hereby exempt the participants of the convention named in Schedule 1 from the application of


Section 13 of the above Act in relation to the convention subject to the conditions specified in Schedule 2.

Schedule 1

3 Eyes Convention Inkjecta International Invitational.



Schedule 2

1. This exemption is limited to participants of the convention named in Schedule 1, to be held on 10-12 February 2017. The exemption applies only to the particular convention held on these dates.

2. In respect of overseas participants, an exemption from Section 13 (3) (b) (i) and 13 (3) (c) is granted and will have the effect of the participants only being required to provide their passport and contact details to the Commissioner for Consumer Affairs at least seven days before commencing to carry on the business.

3. In respect of participants from New South Wales and Queensland, an exemption from Sections 13 (3) (b) (i) and 13 (3) (c) is granted and will have the effect of the participants only being required to provide a valid interstate licence number at least seven days before commencing to carry on the business.

4. In respect of all other participants of the convention named in Schedule 1, an exemption from Section 13 (3) (b) (i) is granted and will have the effect of the participants not being required to provide a notice to the Commissioner for Consumer Affairs at least 90 days before commencing to carry on the business, on the basis that participants provide this notice at least seven days prior to commencement of the business.

Dated 17 January 2017.



Kyam Maher, Acting Attorney-General

South Australia



Local Nuisance and Litter Control (Amendment of Act, Schedule 1) Regulations 2017

under the Local Nuisance and Litter Control Act 2016



Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Amendment provisions

Part 2—Amendment of Local Nuisance and Litter Control Act 2016

4 Amendment of Schedule 1—Meaning of local nuisance (section 17)

Part 1—Preliminary

1—Short title

These regulations may be cited as the Local Nuisance and Litter Control (Amendment of Act, Schedule 1) Regulations 2017.

2—Commencement

These regulations will come into operation on the day on which the Local Nuisance and Litter Control Act 2016 comes into operation.

3—Amendment provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Amendment of Local Nuisance and Litter Control Act 2016

4—Amendment of Schedule 1—Meaning of local nuisance (section 17)

(1) Schedule 1—before its present contents (now to be redesignated as clause 5) insert:

Part 1—Interpretation

1—Interpretation

In this Schedule, unless the contrary intention appears—



authorised graffiti, in relation to premises, means—

(a) graffiti commissioned for the premises by a public authority as public art; or

(b) graffiti that is on the premises with the consent of the owner or occupier of the premises (other than offensive graffiti or graffiti comprised only or principally of words, symbols or tags);

bird scaring device means a device designed, adapted or used to scare birds by the emission of noise;

construction activity includes—

(a) demolition work, site preparation work and building maintenance or repair work; and

(b) the operation of vehicles within, or entering or leaving, a construction site; and

(c) any activities, at or within the immediate vicinity of a construction site, of persons who perform work at the site, or work connected with work at the site;



construction noise means noise from any construction activity;

fixed machine means a machine that is installed as a fixture on premises for operation and use in that position;

fixed machine noise means noise from a fixed machine;

machine includes a device or equipment;

machine noise means noise from a machine;

offensive graffiti means graffiti that a reasonable person would consider to be obscene or offensive;

promotional image means an image conveying a promotional message, (whether consisting of words, numbers or other symbols, or other images);

street or tree maintenance machines includes—

(a) sweeping or cleaning machines, blowers or similar machines when part of an organised program of such activity undertaken by or on behalf of a council or business; and

(b) chainsaws, power saws or mulching or chipping machines when part of a program of works related to public street trees;

solid fuel heater has the same meaning as in the Environment Protection (Air Quality) Policy 2016;

waste has the same meaning as in the Environment Protection Act 1993;

waste collection noise means noise from waste collection, and includes noise generated by—

(a) the intermittent stopping, starting and movement on a road of a waste transport vehicle in the course of collecting waste for a council kerbside waste collection service; or

(b) the setting down or picking up of a skip bin; or

(c) the gathering or collection of waste by a vehicle from the site at which the waste was generated; or

(d) the depositing of waste into a receptacle in which it is to be transported;

waste transport vehicle means a vehicle used for or in connection with a waste transport business (category A) or a waste transport business (category B), each within the meaning of the Environment Protection Act 1993 Schedule 1 Part A.

Part 2—Things that are local nuisance

2—Declared agents (section 17(1)(a))

Vibration is a declared agent for the purposes of section 17(1)(a).



3—Unsightly conditions on premises (section 17(1)(c))

For the purposes of section 17(1)(c), the following unsightly conditions are declared:

(a) conditions on premises involving—

(i) excessive or unconstrained rubbish, waste or vegetation; or

(ii) stockpiled, excessive or unconstrained disused or derelict items or material that a reasonable person would consider to be rubbish or waste in the circumstances; or

(iii) graffiti (other than authorised graffiti) that has been left on the premises—

(A) in the case of offensive graffiti—for more than 7 days; or

(B) in any other case—for more than 28 days,

where, in the opinion of an authorised officer, the conditions have had an adverse effect on the amenity value of the area or caused the premises to be significantly out of conformity with the general appearance of neighbouring premises; or

(b) conditions involving a building on the premises having been left partially demolished or in a state of disrepair, dilapidation or damage where, in the opinion of an authorised officer, the conditions have had an adverse effect on the amenity value of the area or caused the premises to be significantly out of conformity with the general appearance of neighbouring premises.



4—Things declared to constitute local nuisance (section 17(1)(e))

The following are declared to constitute local nuisance for the purposes of section 17(1)(e):

(a) noise generated on premises, if an authorised officer forms the opinion—

(i) that—

(A) in the case of fixed machine noise generated on domestic premises—the noise has travelled from the domestic premises to a habitable room, or an outdoor courtyard or entertainment area, on neighbouring premises; or

(B) in the case of noise other than fixed machine noise generated on domestic premises—the noise has travelled from the domestic premises to neighbouring premises between the hours of—

• 8pm and midnight on any day; or

• midnight and 9am on Sunday; or

• midnight and 8am on any other day; or

(C) in the case of construction noise—the noise has travelled from the location of the construction activity to neighbouring premises—

• on any Sunday or public holiday; or

• after 7pm or before 7am on any other day; or

(D) in the case of waste collection noise—the noise has travelled from the place at which it was generated to neighbouring premises—

• before 9am or after 7pm on any Sunday or public holiday; or

• after 7pm or before 7am on any other day; or

(E) in the case of noise from a street or tree maintenance machine being used in a public place—the noise has travelled from the public place to neighbouring premises—

• before 9am or after 7pm on any Sunday or public holiday; or

• after 7pm or before 7am on any other day; and

(ii) that the level, nature or extent of the noise (including its volume, pitch, vibrational frequency, prevalence or frequency of occurrence) is such as to constitute an unreasonable interference with the enjoyment of the neighbouring premises by persons occupying those premises;

(b) odour generated on premises, if an authorised officer forms the opinion that—

(i) the odour has travelled to neighbouring premises; and

(ii) the nature, intensity or extent of the odour is such as to constitute an unreasonable interference with the enjoyment of the neighbouring premises by persons occupying those premises;

(c) dust generated on premises, if an authorised officer forms the opinion that—

(i) the dust has travelled to neighbouring premises; and

(ii) the nature, extent, smell, density or texture of the dust is such as to constitute an unreasonable interference with the enjoyment of the neighbouring premises by persons occupying those premises;

(d) smoke generated on premises, if—

(i) an authorised officer forms the opinion that—

(A) the smoke has travelled to neighbouring premises; and

(B) the nature, extent, colour, smell or density of the smoke is such as to constitute an unreasonable interference with the enjoyment of the neighbouring premises by persons occupying those premises; or

(ii) without limiting the generality of subparagraph (i), in the case of smoke from a solid fuel heater—

(A) a visible plume of smoke extends into the air above neighbouring premises from the flue or chimney of the heater more than 15 minutes after the heater is lit; and

(B) an authorised officer forms the opinion that the nature, extent, colour, smell or density of the smoke is such as to constitute an unreasonable interference with the enjoyment of the neighbouring premises by persons occupying those premises;

(e) vibration generated on premises, if an authorised officer forms the opinion that—

(i) the vibration has travelled to neighbouring premises; and

(ii) the nature, intensity or extent of the vibration is such as to constitute an unreasonable interference with the enjoyment of the neighbouring premises by persons occupying those premises;

(f) installation of a fixed machine on domestic premises that, in the opinion of an authorised officer, when operated or used in accordance with the manufacturer's instructions, generates noise of a kind referred to in paragraph (a)(i)(A), the level, nature or extent of which is of a kind referred to in paragraph (a)(ii);

(g) projection of a promotional, obscene or offensive image onto property without the consent of the owner or occupier of the property;

(h) using an audible bird scaring device otherwise than in accordance with the Audible Bird Scaring Devices Environmental Noise Guidelines 2007 prepared by the Environment Protection Authority.






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