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No. 6 331



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, 4 FEBRUARY 2016



CONTENTS


Page

Appointments, Resignations, Etc. 332

Corporations and District Councils—Notices 379

Development Act 1993—Notice 332

Environment Protection Act 1993—Notices 341

Fisheries Management Act 2007—Notices 337

Liquor Licensing (Dry Areas) Notice 2016 346

Livestock Act 1997—Notice 338

Motor Vehicles (Approval of Motor Bike and
Motor Trikes) Notice 2016 350

National Electricity Law—Notice 338

National Parks and Wildlife (National Parks) Regulations
2001—Notices 338

Natural Resources Management Act 2004—Notices 339

Proclamations 365

Public Trustee Office—Administration of Estates 380

REGULATIONS

Electoral Act 1985 (No. 9 of 2016) 370

Supreme Court Act 1935 (No. 10 of 2016) 375

Roads (Opening and Closing) Act 1991—Notice 339

Sale of Property—Notice 380

Unclaimed Moneys Act 1891—Notices 381

Waters Industry Act 2012—Notices 340




GOVERNMENT GAZETTE NOTICES

Notices for publication in the South Australian Government Gazette should be emailed to governmentgazette@dpc.sa.gov.au. Content should be sent as Word format attachment(s). Covering emails should include the date the notice is to be published and to whom the notice will be charged. Closing time for lodgement is 4 p.m. on the Tuesday preceding the regular Thursday publication. Gazette enquiries to: Phone 8207 1045. The Government Gazette is available online at: www.governmentgazette.sa.gov.au.




Department of the Premier and Cabinet

Adelaide, 4 February 2016

HIS Excellency the Governor in Executive Council has been pleased to appoint the undermentioned to the Equal Opportunity Tribunal, pursuant to the provisions of the Equal Opportunity Act 1984:

Deputy Presiding Officer: (from 4 February 2016 until 3 February 2019)

Sophie David

By command,


Kyam Joseph Maher, for Premier

AGO0003/16CS

Department of the Premier and Cabinet

Adelaide, 4 February 2016

HIS Excellency the Governor in Executive Council has been pleased to appoint the undermentioned to the Council for the Care of Children, pursuant to the provisions of the Children’s Protection Act 1993:

Member: (from 4 February 2016 until 3 February 2018)

Roland Wayne Wilson

By command,


Kyam Joseph Maher, for Premier

MECD16/007

Department of the Premier and Cabinet

Adelaide, 4 February 2016

HIS Excellency the Governor in Executive Council has been pleased to appoint Leah Michelle McLay to the position of Registrar of the South Australian Employment Tribunal for a term of 5 years commencing on 3 March 2016 and expiring on 2 March 2021, pursuant to the provisions of the South Australian Employment Tribunal Act 2014.

By command,



Kyam Joseph Maher, for Premier

MIR0002/16CS

Department of the Premier and Cabinet

Adelaide, 4 February 2016

HIS Excellency the Governor in Executive Council has been pleased to appoint Stephen Mark Lieschke to the position of Deputy President of the South Australian Employment Tribunal commencing on 5 March 2016, pursuant to the provisions of the South Australian Employment Tribunal Act 2014.

By command,



Kyam Joseph Maher, for Premier

MIR0007/16CS

Department of the Premier and Cabinet

Adelaide, 4 February 2016

HIS Excellency the Governor in Executive Council has been pleased to appoint Michael Leslie Braim Ardlie to the position of Deputy President of the South Australian Employment Tribunal commencing on 5 March 2016, pursuant to the provisions of the South Australian Employment Tribunal Act 2014.

By command,


Kyam Joseph Maher, for Premier

MIR0007/16CS

Department of the Premier and Cabinet

Adelaide, 4 February 2016

HIS Excellency the Governor in Executive Council has been pleased to designate the office of Deputy President of the South Australian Employment Tribunal as the primary judicial office of Stephen Mark Lieschke and Michael Leslie Braim Ardlie, effective from 5 March 2016, pursuant to Section 6 of the Judicial Administration (Auxiliary Appointments and Powers) Act 1988.

By command,



Kyam Joseph Maher, for Premier

MIR0008/16CS


DEVELOPMENT ACT 1993: SECTION 48



Decision by the Development Assessment Commission as
Delegate of the Governor


Preamble

1. On 12 April 1990 the Governor granted a development authorisation under the Section 51 of the Planning Act 1982, in respect of the development of a marina extension, marine precinct and waterfront residential at the south-western end of Hindmarsh Island.

2. Following various amendments to the development, now known as ‘The Marina Hindmarsh Island’, development authorisation for Stages 2-6 of the development was granted by the Governor on 1 July 1993.

3. On 21 December 2000 notice of the Governor’s decision to grant a development authorisation under Section 48 of the Development Act 1993, in respect of an amended design of the proposal was published in the South Australian Government Gazette at p. 3687. The proposal was the subject of an amended Environmental Impact Statement and an amended Assessment Report, pursuant to Section 47 of the Act.

4. Simultaneously, the Governor delegated his power to grant a variation to the development authorisation to the Development Assessment Commission pursuant to Section 48 (8) of the Development Act 1993.

5. Variations to the development authorisation were notified in the Gazette on 10 July 2003 at p. 2895, on 28 April 2005 at p. 999, on 9 February 2006 at p. 470, on 16 August 2007 at p. 3330, on 21 February 2008 at p. 533 and on 30 October 2008 at p. 4947.

6. 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.

7. By letter dated 16 June 2015 Kebaro Pty Ltd, trading as The Marina Hindmarsh Island, being the beneficiary of the development authorisation, sought a variation to the authorisation so as to permit a change to the approved layout plans and conceptual building designs for the proposed Convention Centre and Hotel and the conceptual plans for residential land division.

8. For ease of reference the conditions attached to the ‘The Marina Hindmarsh Island’ development authorisation are republished in full hereunder.


Decision

PURSUANT to Section 48 (7) (b) (ii) of the Development Act 1993, and having due regard to the matters set out in Section 48 (5) and all other relevant matters, the Development Assessment Commission exercising the power of the Governor delegated by notice in the South Australian Government Gazette dated 21 December 2000 pursuant to Section 48 (8), varies the ‘The Marina Hindmarsh Island’ development authorisation dated 30 October 2008, in accordance with the following conditions.

Consolidated Version of Conditions of Authorisation

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



(a) the 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)-(k) and the documents described in Condition 1 (l)-(m);

(b)
the drawings contained in the draft Environmental 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)-(k) and the documents described in Condition 1 (l)-(m);

(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)-(k);

(d)
the following drawings contained in the amended EIS, except to the extent that they are varied by the drawings described in Conditions 1 (e)-(k) and the documents described in Condition 1 (l)-(m):

(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 ,except to the extent that they are varied by the drawings described in Conditions 1 (f)-(k) and the documents described in Condition 1 (l)-(m):

(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, except to the extent that they are varied by the drawings described in Conditions 1 (g)-(k) and the documents described in Condition 1 (l)-(m):

(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 adjustment of boundaries of Allotment 1 in Develop-ment Plan 28183. Drawn by L. Veska dated June 2004;

(iii) Amendment B—Proposed Land Division Allotment 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, Hindmarsh Island. South and north elevation. Walter Brooke dated 24 August 2004;

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

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

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

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

(xi) Proposed Retirement Estate Vesta Drive, Hindmarsh Island. Site Plan—Central Facility. Walter Brooke dated 24 August 2004;

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

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

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

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

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

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

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

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

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

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

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

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

(xxiv) 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 Retirement 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, except to the extent that they are varied by the drawings described in Condition 1 (k) and the documents described in Condition 1 (l)-(m):

(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 drawings and plans contained in the correspondence from The Marina Hindmarsh Island to the Department of Planning, Transport and Infrastructure dated 16 June 2015 and 11 November 2015:

(i) ‘The Marina Hindmarsh Island Staging Plan’. Drawn by L. Veska dated Amended November 2007;

(ii) 2015 Allotment Plan SK-01 (Revision B). Walter Brooke—dated 11.06.2015;

(iii) Resort Hotel & Conference Centre—Site Plan SK-01 (Revision C). Walter Brooke—dated 4.11.2015;

(iv) Resort Hotel & Conference Centre—Elevations SK-07 (Revision C). Walter Brooke—dated 25.02.2010;

(v) Resort Hotel & Conference Centre—Basement Floor Plan SK-02 (Revision C). Walter Brooke—dated 4.11.2015;

(vi) Resort Hotel & Conference Centre—Ground Floor Plan SK-03 (Revision C). Walter Brooke—dated 4.11.2015;

(vii) Resort Hotel & Conference Centre—First Floor Plan SK-04 (Revision C). Walter Brooke—dated 4.11.2015;

(viii) Resort Hotel & Conference Centre—Second Floor Plan SK-05 (Revision C). Walter Brooke—dated 4.11.2015;

(l) 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)-(j):

(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 from The Marina Hindmarsh Island to Planning SA dated 3 October 2007.


(m) The following documents as they relate to the layout plan of the ‘Gated Community’—Stage 10 except to the extent that they are varied by the drawings described in Conditions 1 (c)-(k):

(i) Letter from The Marina Hindmarsh Island to Planning SA dated 24 July 2008.

(ii) Gated Community—new Layout Plan—SK-01 dated 24 July 2008.

(iii) Gated Community—street elevation drawings of housing options A to C—SK-02 dated 24 July 2008.

(iv) Gated Community—street elevation drawings of housing options D—SK-02 dated 24 July 2008.

2. No works shall be commenced on a particular Stage of the proposal as depicted on the drawing entitled ‘The Marina Hindmarsh Island Staging Plan’, drawn by L. Veska, dated Amended November 2007 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) compaction specifications (certified by a registered engineer) for the areas for any residential allotments, commercial development and carpark in the Stage have been produced to the Development Assessment Commission; and

(c) 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 Stage 10 land division until a Soil Erosion and Drainage Management Plan for the construction and operational of the stage 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 Stage 10 land division.

4. A Stormwater Management Plan (SMP) to be prepared following the requirements of the EPA’s Stormwater Pollution Prevention Code of Practice for the Building and Construction Industry, the EPA’s Handbook for Pollution Avoidance on Commercial and Residential Building Sites as well as Planning SA’s Water Sensitive Urban Design Technical Documents, Greater Adelaide Region, 2008.

5. A Traffic Impact Study to be undertaken to determine the potential impact of the proposal on surrounding arterial road networks and infrastructure.

6. No works shall be commenced on the Stage 10 land division 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.

7. The final design of the Stage 10 land division shall include measures to minimise greenhouse gas emissions and resource use during the construction and operational phases to the reasonable satisfaction of the the Development Assessment Commission. Water Sensitive Urban Design measures and practices shall be adopted for the management of run-off, including stormwater capture and re-use.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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 the Development Assessment Commission.

13. 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 the Development Assessment Commission. Water-sensitive urban design measures and practices shall be adopted for the management of run-off, including stormwater capture and re-use.

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

15. No works shall commence on the Convention Centre and Hotel until a Landscaping Plan has been prepared to the reasonable satisfaction of the Development Assessment Commission.

16. 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.

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

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

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

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

29. 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.

30. 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.

31. All work shall be undertaken in accordance with:



(a) a Soil Erosion and Drainage Management Plan;

(b) a Waste Management Plan; and

(c) a salinity monitoring program.

32. 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.

33. 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.

34. 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.

35. 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.

36. 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.

37. 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.

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

39. 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.

Notes to Applicant

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;

• convention centre and hotel; and

• the Stage 10 land division.

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).

Given under my hand at Adelaide on 17 December 2015.

S. Fogarty, Presiding Member, Development Assessment Commission

FISHERIES MANAGEMENT ACT 2007

Section 78


Permit to Release Fish

PURSUANT to Subsection 78 (2) of the Fisheries Management Act 2007, the holder of this permit, their agent or people under their supervision may undertake stock enhancement in the specified waters subject to the following conditions:

Permit holder:

Department of Economic Development, Jobs, Transport and Resources (DEDJTR),

1 Spring Street, Melbourne Vic. 3000

Agents:


Paul Petraitis

Permit Number:

MP0036

Specified waters:



The waters of the River Murray adjacent to Kingston on Murray and Swan Reach.

Conditions

1. The permitted activity must be completed before 29 February 2016, unless otherwise varied or revoked.

2. The permit holder or their agents may only release the following number of fish in the specified waters: Kingston on Murray and Swan Reach of the SA River Murray.

Species

Number







Murray Cod
Maccullochella peelii peelii

100 000 (approximately
50 000 at each location)

3. The permit holder must provide appropriate hatchery accreditation and health certification to Dr Shane Roberts, Aquatic Animal Health Officer (G.P.O. Box 1625, Adelaide, S.A. 5001) before under release any fish pursuant to this permit.

(a) appropriate certification consists of a declaration signed by the supplier stating that there have been no notifiable diseases or unexplained disease outbreaks at the facility during the past 24 months; and

(b) evidence that the fish to be released were obtained from an aquaculture facility with an approved fish health accreditation program; for the purpose of this document this refers to the NSW Hatchery Quality Assurance Program; and

(c) a stock health certificate (batch certificate) by a suitably qualified aquatic veterinarian; or

(d) an approved Fish Health Certification Program (FHCP) certification.

4. Be transported in an appropriate medium in containers that are free from diseases, parasites, chemicals and associated pest fish species.

5. The permit holder must provide a brief written report detailing the date, time and place of each release of fish, the species released and approximate numbers of each species. The report must be submitted to the Director, Fisheries and Aquaculture Policy, (G.P.O. Box 1625, Adelaide, S.A. 5001) within 14 days of the expiry of this permit.

6. While engaged in the permitted activity, the permit holder or his agents must be in possession of a copy of this permit. It must be produced to a PIRSA Fisheries Officer if requested.

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

Dated 2 February 2016.

A. Fistr, Acting Director, Fisheries and Aquaculture Policy

FISHERIES MANAGEMENT ACT 2007: SECTION 115

TAKE notice that the Ministerial exemption notice issued pursuant to Section 115 of the Fisheries Management Act 2007, in the name of Tony Lee of 21694 Riddoch Highway, Mount Gambier, S.A. 5290 dated 23 December 2015, being the second notice published on page 13 of the South Australian Government Gazette dated 7 January 2016, is hereby varied by deleting Clause 4 of Schedule 1 and inserting the following:

4. The exempted activity may only be conducted by Tony Lee or one of the permitted agents of the exemption holder Byron Deak, 6 Yahl Main Road, Yahl, S.A. 5291 or Paul Patrick Polacco, 69 The Parade, Brownlow, Kangaroo Island, S.A. 5223. Only one person may conduct the exempted activity at any one time.

Dated 25 January 2016.

S. Sloan, Director, Fisheries and Aquaculture Policy


LIVESTOCK ACT 1997: SECTION 37—DECLARATION OF A LIVESTOCK STANDSTILL IN RELATION TO PACIFIC OYSTERS (CRASSOSTREA GIGAS)

NOTICE under the Livestock Act 1997 for the purpose of Controlling or Eradicating Pacific Oyster Mortality Syndrome (Ostreid herpesvirus-1 μ variant (OsHV-1 μvar).


Notice by the Minister for Agriculture, Food and Fisheries

By virtue of the provisions of the Livestock Act 1997, and for the purpose of controlling or eradicating the declared exotic disease Ostreid herpesvirus-1 μ variant (OsHV-1 μvar) within the State of South Australia, I do hereby:

(1) Prohibit the introduction of Pacific Oysters or Pacific Oyster spat into the State of South Australia, other than for the purposes of human consumption, and except as provided in any written approval given by the Chief Inspector of Stock duly appointed under the Livestock Act 1997;

(2) Prohibit the travelling or movement of Pacific Oysters or Pacific Oyster spat within the State of South Australia, other than for the purposes of human consumption, except as provided in any written authority given by the Chief Inspector of Stock duly appointed under the Livestock Act 1997; and

(3) Require any consignments of Pacific Oysters or Pacific Oyster spat which are received in the State of South Australia other than for the purposes of human consumption while this Notice is in force, to be disposed of by their immediate surrender to an inspector duly appointed under the Livestock Act 1997.

This Notice shall remain in force for a period of 7 days commencing, Thursday, 4 February 2016, unless amended or revoked by subsequent Notice.

Dated 3 February 2016.

Leon Bignell, Minister for Agriculture, Food and Fisheries

NATIONAL ELECTRICITY LAW

THE Australian Energy Market Commission (AEMC) gives notice under the National Electricity Law as follows:

Under ss 102 and 103, the making of the National Electricity Amendment (Compensation arrangements following application of an administered price cap and administered floor price) Rule 2016 No. 1 and related final determination. All provisions commence on 29 September 2016.

Documents referred to above are available on the AEMC’s website and are available for inspection at the AEMC’s office.

Australian Energy Market Commission

Level 6, 201 Elizabeth Street

Sydney, N.S.W. 2000

Telephone: (02) 8296 7800


www.aemc.gov.au

4 February 2016.


NATIONAL PARKS AND WILDLIFE (NATIONAL PARKS) REGULATIONS 2001



Closure of Mud Islands Game Reserve

PURSUANT to Regulations 8 (3) (a) and 8 (3) (d) of the National Parks and Wildlife (National Parks) Regulations 2001, I, Grant Anthony Pelton, as Director, Regional Coordination, Partnerships and Stewardship, formerly entitled Director, Public Land Management and Operational Support, Regional Services, authorised delegate of the Director of National Parks and Wildlife, close to the public the whole of the Mud Islands Game Reserve from 6 p.m. on Saturday, 7 May 2016 until 6 a.m. on Sunday, 15 May 2016.

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

Dated 2 February 2016.



G. A. Pelton, Director, Regional Coordination, Partnerships and Stewardship Group, Department of Environment, Water and Natural Resources

NATIONAL PARKS AND WILDLIFE (NATIONAL PARKS) REGULATIONS 2001



Closure of the Dutchman’s Stern and Mount Brown

Conservation Parks

PURSUANT to Regulations 8 (3) (a) and 8 (3) (d) of the National Parks and Wildlife (National Parks) Regulations 2001, I, Grant Anthony Pelton, Director, Regional Coordination, Partnerships and Stewardship Group, which was formerly entitled Executive Director, Public Land Management and Operational Support, Regional Services, authorised delegate of the Director of National Parks and Wildlife, close to the public, the whole of the Dutchman’s Stern and Mount Brown Conservation Parks from 6 p.m. on Thursday, 3 March 2016 until 6 a.m. on Friday, 11 March 2016.

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 1 February 2016.


G. A. Pelton, Director, Regional Coordination, Partnerships and Stewardship Group, Department of Environment, Water and Natural Resources

NATIONAL PARKS AND WILDLIFE (NATIONAL PARKS) REGULATIONS 2001



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

PURSUANT to Regulations 8 (3) (a) and 8 (3) (d) of the National Parks and Wildlife (National Parks) Regulations 2001, I, Grant Anthony Pelton, Director, Regional Coordination, Partnerships and Stewardship Group, which was formerly entitled Executive Director, Public Land Management and Operational Support, Regional Services, authorised delegate of the Director of National Parks and Wildlife, close to the public, the whole of Telowie Gorge Conservation Park and Napperby Block, Mount Remarkable National Park from 6 p.m. on Friday, 26 February 2016 until 6 a.m. on Friday, 4 March 2016.

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 1 February 2016.



G. A. Pelton, Director, Regional Coordination, Partnerships and Stewardship Group, Department of Environment, Water and Natural Resources

NATURAL RESOURCES MANAGEMENT ACT 2004


Notice of Authorisation to Take Water from the Central Adelaide Prescribed Wells Area.

PURSUANT to Section 128 of the Natural Resources Management Act 2004 (the Act), I, Ian Hunter, Minister for Sustainability, Environment and Conservation (the Minister) and Minister to whom the Act is committed, hereby authorise the taking of groundwater from the Central Adelaide Prescribed Wells Area prescribed under the Natural Resources Management (Central Adelaide—Prescribed Wells Area) Regulations 2007 from the wells specified in Schedule A, for the purpose set out in Schedule B and subject to the conditions specified in Schedule C.

Schedule A

Wells

Well unit numbers 6628-26733, 6628-26731, 6628-26025 and 6628-26735 located in the Hundred of Adelaide.

Schedule B

Purpose

For irrigating land used for recreation within the boundary of the area for which the City of Marion is constituted.

Schedule C


Conditions

1. A maximum total volume of 172 000 kilolitres of water may be taken from the wells specified in Schedule A during each water use year for the period of this authorisation.

2. The water user must not take water except through a meter supplied, installed and maintained in accordance with the South Australian Licensed Water Use Meter Specification approved by the Minister as may be amended from time to time.

3. Meter readings must be used to determine the quantity of water taken.

4. The water user must supply a meter reading(s) to the Minister or the Minister’s agent during the first seven calendar days of July in each water use year.

5. The water user must notify the Minister or the Minister’s agent immediately if a meter fails to measure or record any quantity of water taken under this authorisation or if there is any reason to suspect that a meter may be defective.

The water user must comply with the provisions applying to meters set out in Regulation 14 of the Natural Resources Management (Financial Provisions) Regulations 2005. It is an offence to contravene or fail to comply with those provisions.

For the purposes of this authorisation:

‘Water use year’ means a period of 12 months commencing on 1 July and ending 30 June the following calendar year.

‘Water user’ means a person who is authorised to take water pursuant to this notice.

Words used in this authorisation that are defined in the Act shall have the meanings as set out in the Act.

This authorisation will commence on the date below and will remain in effect until 30 June 2018 unless earlier varied or revoked.

Dated 30 January 2016.

Ian Hunter, Minister for Sustainability, Environment and Conservation

NATURAL RESOURCES MANAGEMENT ACT 2004


Notice of Authorisation to Take Water from the
Central Adelaide Prescribed Wells Area

PURSUANT to Section 128 of the Natural Resources Management Act 2004 (the Act), I, Ian Hunter, Minister for Sustainability, Environment and Conservation (the Minister) to whom the Act is committed, hereby authorise the taking of groundwater from the Central Adelaide Prescribed Wells Area prescribed under the Natural Resources Management (Central Adelaide—Prescribed Wells Area) Regulations 2007 from the wells specified in Schedule A, for the purpose set out in Schedule B and subject to the conditions specified in Schedule C.

Schedule A

Wells

Well unit numbers 6628-24566 and 6628-24567 both located within Crown Record 5943/442 in the Hundred of Adelaide.

Schedule B

Purpose

For irrigation of land associated with the Adelaide Botanic Garden and Botanic Park.

Schedule C

Conditions

1. A maximum total volume of 200 000 kilolitres of water may be taken from the wells specified in Schedule A during each water use year for the period of this authorisation.

2. The water user must not take water except through a meter supplied, installed and maintained in accordance with the South Australian Licensed Water Use Meter Specification approved by the Minister as may be amended from time to time.

3. Meter readings must be used to determine the quantity of water taken.

4. The water user must supply a meter reading(s) to the Minister or the Minister’s agent during the first seven calendar days of July in each water use year.

5. The water user must notify the Minister or the Minister’s agent immediately if a meter fails to measure or record any quantity of water taken under this authorisation or if there is any reason to suspect that a meter may be defective.

6. The water user must develop and maintain a Managed Aquifer Recharge Risk Management Plan to the satisfaction of the Minister or the Minister’s agent.

The water user must comply with the provisions applying to meters set out in Regulation 14 of the Natural Resources Management (Financial Provisions) Regulations 2005. It is an offence to contravene or fail to comply with those provisions.

For the purposes of this authorisation:

‘Adelaide Botanic Garden and Botanic Park’ have the same meaning as defined from time to time in the Botanic Gardens and State Herbarium Regulations 2007.

‘Water use year’ means a period of 12 months commencing on 1 July and ending 30 June the following calendar year.

‘Water user’ means a person who is authorised to take water pursuant to this notice.

Words used in this authorisation that are defined in the Act shall have the meanings as set out in the Act.

This authorisation will commence on the date below and will remain in effect until 30 June 2017 unless earlier varied or revoked.

Dated 2 February 2016.

Ian Hunter, Minister for Sustainability, Environment and Conservation

ROADS (OPENING AND CLOSING) ACT 1991:

SECTION 24




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