South Australian Numbered Acts South Australian Numbered Acts (1) In this Act,
unless the contrary intention appears—
"activity" includes the storage or possession of anything (including something
in liquid or gaseous form);
"ADS Advisory Board" means the Adelaide Dolphin Sanctuary Advisory Board
established under Part 3 Division 3;
"ADS Fund" means the Adelaide Dolphin Sanctuary Fund established under Part 3
Division 4;
"ADS Management Plan" means the Adelaide Dolphin Sanctuary Management Plan
adopted under Part 3 Division 2;
"associate" —see subsection (2);
"authorised officer"—see section 28;
"business" includes a business not carried on for profit or gain;
"business day" means any day except—
(a) a
Saturday, Sunday or public holiday; or
(b) a
day which falls between 25 December and 1 January in the following year;
"council" means a council within the meaning of the Local Government
Act 1999 ;
"domestic activity" means an activity other than an activity undertaken in the
course of a business;
"ERD Court" means the Environment, Resources and Development Court established
under the Environment, Resources and Development Court Act 1993 ;
"general duty of care" means the duty under section 32;
"implementation program"—see section 26(2)(c);
"place" includes any land, water, premises or structure;
"public authority" includes a Minister, statutory authority or council;
"public notice" means a notice published in a newspaper circulating generally
throughout the State;
"related operational Act"—see section 5;
"Sanctuary" means the Adelaide Dolphin Sanctuary established under
section 10;
"statutory authorisation" means an approval, consent, licence, permit or other
authorisation granted or required under a related operational Act;
"statutory instrument" means—
(a) a
plan, program or policy; or
(b) any
other instrument of a prescribed kind,
prepared pursuant to the provisions of an Act;
"vehicle" includes any—
(a)
vessel or craft;
(b)
plant or equipment designed to be moved or operated by a driver.
(2) For the purposes
of this Act, a person is an "associate" of another if—
(a) they
are partners; or
(b) one
is a spouse, parent or child of another; or
(c) they
are both trustees or beneficiaries of the same trust, or one is a trustee and
the other is a beneficiary of the same trust; or
(d) one
is a body corporate or other entity (whether inside or outside Australia) and
the other is a director or member of the governing body of the body corporate
or other entity; or
(e) one
is a body corporate or other entity (whether inside or outside Australia) and
the other is a person who has a legal or equitable interest in 5 per cent or
more of the share capital of the body corporate or other entity; or
(f) they
are related bodies corporate within the meaning of the Corporations Act 2001
of the Commonwealth; or
(g) a
chain of relationships can be traced between them under any one or more of the
above paragraphs.
(3) For the purposes
of subsection (2), a "beneficiary" of a trust includes an object of a
discretionary trust.
(4) A reference in
this Act to the costs of any damage to the Sanctuary will be taken to include
a reference to any costs associated with—
(a)
minimising, managing or containing any such damage; or
(b)
remedying any such damage; or
(c)
addressing any consequences resulting from any such damage; or
(d)
compensating for any loss or adverse impacts arising from any such damage.
(5) For the purposes
of this or any other Act, the Minister may, in assessing the costs or extent
of any damage to the Sanctuary, apply any assumptions determined by the
Minister to be reasonable in the circumstances.