No. 84 - Thursday, 20 December 2012 (pages 5755-6252

No. 845755EXTRAORDINARY GAZETTETHE SOUTH AUSTRALIANGOVERNMENT GAZETTEwww.governmentgazette.sa.gov.auPUBLISHED BY AUTHORITYALL PUBLIC ACTS appearing in this GAZETTE are to be considered official, and obeyed as suchADELAIDE, THURSDAY, 20 DECEMBER 2012CONTENTSPageREGULATIONSCarrick Hill Trust Act 1985 (No. 265 of 2012)5756Road Traffic Act 1961 (No. 266 of 2012)5761Motor Vehicles Act 1959 (No. 267 of 2012)5763Work Health and Safety Act 2012 (No. 268 of 2012)5765Water Industry Act 2012 (No. 269 of 2012)6210Development Act 1993 (No. 270 of 2012)6234Southern State Superannuation Act 2009(No. 271 of 2012)6236Superannuation Act 1988 (No. 272 of 2012)6242SACE Board of South Australia Act (No. 273 of 2012)6244Liquor Licensing Act 1997 (No. 274 of 2012)6247Health Practitioner Regulation National Law(South Australia) Act 2010 (No. 275 of 2012)625120 December 2012THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE6251South AustraliaCarrick Hill Trust Regulations2012under the Carrick Hill Trust Act1985ContentsPart1Preliminary1Short title2Commencement3Interpretation4Acting with approval of Trust or authorised officerPart2Conduct at Carrick HillDivision1Personal conduct5Entry to Carrick Hill6Behaviour at Carrick HillDivision2Driving and parking motor vehicles7Motor vehicles, how driven etc8Impeding pedestrian or vehicular access9Disabled permit areasPart3Miscellaneous10Removal of animals11Confiscated or surrendered propertySchedule1Revocation of Carrick Hill Trust Regulations1999Part1Preliminary1Short titleThese regulations may be cited as the Carrick Hill Trust Regulations2012.2CommencementThese regulations will come into operation on the day on which they are made.3InterpretationIn these regulationsAct means the Carrick Hill Trust Act1985;disabled persons parking permit means(a)a permit issued under Part3D of the Motor Vehicles Act1959; or(b)a similar permit or authority issued under the law of another State or a Territory of the Commonwealth;property of the Trust includes property for which the Trust has responsibility.4Acting with approval of Trust or authorised officer(1)These regulations do not prevent a person from doing anything with the approval of the Trust or an authorised officer or otherwise with lawful authority.(2)An approval given by the Trust or an authorised officer for the purposes of these regulations(a)must be in writing or, if given orally, must be confirmed in writing as soon as practicable; and(b)may relate to a particular person or matter or persons or matters of a class specified by the Trust or authorised officer; and(c)may be subject to conditions (including a condition requiring payment of a fee) specified by the Trust or authorised officer; and(d)may be varied or revoked by the Trust or authorised officer at any time.(3)If the Trust or an authorised officer gives approval subject to a condition, the person to whom the approval is given must not contravene or fail to comply with the condition.Maximum penalty: $250.Part2Conduct at Carrick HillDivision1Personal conduct5Entry to Carrick Hill(1)A person must not(a)enter Carrick Hill without paying the entrance fee (if any) fixed by the Trust;(b)enter or remain at Carrick Hill when it is closed to the public.Maximum penalty: $1250.Expiation fee: $160.(2)A child under the age of 16years must not enter or remain at Carrick Hill unless in the care or under the supervision of an adult.Maximum penalty: $750.Expiation fee: $105.6Behaviour at Carrick Hill(1)A person must not, while at Carrick Hill(a)interfere with another persons reasonable enjoyment of Carrick Hill; or(b)eat, drink or smoke in an area marked, with the authority of the Trust, by a sign indicating that eating, drinking or smoking (as the case may be) is prohibited in that area; or(c)use abusive, threatening or insulting language; or(d)deposit litter or waste matter in any place (other than a receptacle provided by the Trust for that purpose).Maximum penalty: $750.Expiation fee: $105.(2)A person must not bring into Carrick Hill, or have in his or her possession at Carrick Hill, any of the following:(a)an animal (other than a guide dog);(b)a weapon;(c)a firearm;(d)an explosive;(e)a skateboard;(f)a scooter;(g)roller blades.Maximum penalty: $1250.Expiation fee: $160.(3)A person must not, while at Carrick Hill(a)deface or interfere with any property of the Trust; or(b)pick any flower or damage or uproot any tree, shrub, flower or other plant; or(c)cause harm to or remove from the property of the Trust any animal; or(d)distribute any printed matter; or(e)erect any structure; or(f)display any bill, sign, poster, placard, banner or flag; or(g)sell anything or offer anything for sale; or(h)take up a collection; or(i)hold, arrange or participate in a rally, demonstration or other meeting; or(j)(i)climb on; or(ii)attach lighting to,any tree, shrub, fence, roof, wall or other structure or any other property of the Trust; or(k)enter any dam, pond, watercourse or other body of water; or(l)light or maintain a fire; or(m)touch any object of art or any furniture or other property of the Trust that has historic or artistic value; or(n)take a photograph or electronic image while inside a building.Maximum penalty: $1250.Expiation fee: $160.Division2Driving and parking motor vehicles7Motor vehicles, how driven etcA person who drives or rides a motor vehicle at Carrick Hill must not(a)fail to comply with any speed, parking or other traffic restriction or direction indicated, with the authority of the Trust, by signs or lines or a combination of signs and lines; or(b)drive or ride in areas that are not intended for public vehicular access; or(c)drive or ride in such a manner as to cause undue noise to be emitted from the vehicle; or(d)drive or ride without due care or reasonable consideration for others.Maximum penalty: $750.Expiation fee: $105.8Impeding pedestrian or vehicular accessA person must not park a motor vehicle at Carrick Hill so as to prevent or impede the passage of a pedestrian or another motor vehicle.Maximum penalty: $750.Expiation fee: $105.9Disabled permit areasA person must not park a motor vehicle at Carrick Hill in an area indicated, with the authority of the Trust, by signs or lines or a combination of signs and lines, as a parking area for disabled persons unless a disabled persons parking permit is lawfully displayed in the vehicle.Maximum penalty: $750.Expiation fee: $105.Part3Miscellaneous10Removal of animalsAn authorised officer may remove any animal from Carrick Hill or a part of Carrick Hill if the owner or person in charge of the animal cannot be located in the vicinity after reasonable attempts to do so.11Confiscated or surrendered property(1)The Trust should endeavour to return to a person, when leaving Carrick Hill, anything that was surrendered by or confiscated from the person at the request of an authorised officer.(2)However, the Trust may retain, for such period as is necessary for the purposes of legal proceedings, any thing that the Trust reasonably believes may constitute evidence of the commission of an offence.Schedule1Revocation of Carrick Hill Trust Regulations1999The Carrick Hill Trust Regulations1999 are revoked.NoteAs required by section 10AA(2) of the Subordinate Legislation Act1978, the Minister has certified that, in the Ministers opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.Made by the Governorwith the advice and consent of the Executive Councilon 20 December 2012No265of 2012South AustraliaRoad Traffic (Vehicles Standards) Variation Rules2012under the Road Traffic Act1961ContentsPart1Preliminary1Short title2Commencement3Variation provisionsPart2Variation of Road Traffic (Vehicle Standards) Rules19994Variation of DictionaryPart1Preliminary1Short titleThese rules may be cited as the Road Traffic (Vehicles Standards) Variation Rules2012.2CommencementThese rules come into operation on the day on which they are made.3Variation provisionsIn these rules, a provision under a heading referring to the variation of specified rules varies the rules so specified.Part2Variation of Road Traffic (Vehicle Standards) Rules19994Variation of DictionaryDictionary, definition of State Government enforcement vehicledelete the definition and substitute:State Government enforcement vehicle means a vehicle driven by any of the following in the course of his or her duty:(a)an authorised officer under the Agricultural and Veterinary Products (Control of Use) Act2002;(b)an authorised officer under the Dangerous Substances Act1979;(c)a fisheries officer under the Fisheries Management Act2007;(d)an inspector under the Livestock Act1997;(e)an inspector under the Plant Health Act2009;(f)an authorised person under the Primary Produce (Food Safety Schemes) Act2004;(g)an authorised officer under the Road Traffic Act1961.NoteAs required by section 10AA(2) of the Subordinate Legislation Act1978, the Minister has certified that, in the Ministers opinion, it is necessary or appropriate that these rules come into operation as set out in these rules.Made by the Governorwith the advice and consent of the Executive Councilon 20 December 2012No266of201212MRS/008CSSouth AustraliaMotor Vehicles Variation Regulations2012under the Motor Vehicles Act1959ContentsPart1Preliminary1Short title2Commencement3Variation provisionsPart2Variation of Motor Vehicles Regulations20104Variation of regulation 46Examination of applicant for licence or learners permitPart1Preliminary1Short titleThese regulations may be cited as the Motor Vehicles Variation Regulations2012.2CommencementThese regulations come into operation on the day on which they are made.3Variation provisionsIn these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.Part2Variation of Motor Vehicles Regulations20104Variation of regulation 46Examination of applicant for licence or learners permitRegulation46(1)(b)(ii) and(iii)delete subparagraphs(ii) and(iii) and substitute:(ii)if the person is, by reason of impairment, unable to take the examination in writing(A)orally in the English language; or(B)in such other manner as may be approved by the Registrar; or(iii)if the persons principal language is not English and the persons understanding of English is not adequate to enable the person to take the examination in writing in English(A)orally or in writing (as required by the Registrar) in the persons principal language; or(B)in such other manner as may be approved by the Registrar.NoteAs required by section 10AA(2) of the Subordinate Legislation Act1978, the Minister has certified that, in the Ministers opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.Made by the Governorwith the advice and consent of the Executive Councilon 20 December 2012No267of201212MRS/008CSSouth AustraliaWork Health and Safety Regulations2012under the Work Health and Safety Act 2012ContentsChapter1PreliminaryPart1Introductory matters1Short title2Commencement3Authorising provisions4Revocation5Definitions6Determination of safety management system7Meaning of person conducting a business or undertaking: persons excluded8Meaning of supply8AMeaning of emergency services worker8BMeaning of dangerous goods8CMeaning of high risk plant8DInfringement offences9Provisions linked to health and safety duties in ActPart2Application10Application of Act to dangerous goods and high risk plant11Application of these regulations12Assessment of risk in relation to a class of hazards, tasks, circumstances or thingsPart3Incorporated documents13Documents incorporated as in force when incorporated14Inconsistencies between provisions15References to standardsChapter2Representation and participationPart1RepresentationDivision1Work groups16Negotiations for and determination of work groups17Matters to be taken into account in negotiationsDivision2Health and safety representatives18Procedures for election of health and safety representatives19Person conducting business or undertaking must not delay election20Removal of health and safety representatives21Training for health and safety representativesPart2Issue Resolution22Agreed procedureminimum requirements23Default procedurePart3Cessation of Unsafe Work24Continuity of engagement of workerPart4Workplace entry by WHS entry permit holders25Training requirements for WHS entry permits26Form of WHS entry permit27Notice of entrygeneral28Additional requirementsentry under section 11729Additional requirementsentry under section 12030Additional requirementsentry under section 12131Register of WHS entry permit holdersChapter3General risk and workplace managementPart1Managing risks to health and safety32Application of Chapter3 Part133Specific requirements must be complied with34Duty to identify hazards35Managing risks to health and safety36Hierarchy of control measures37Maintenance of control measures38Review of control measuresPart2General workplace managementDivision1Information, training and instruction39Provision of information, training and instructionDivision2General working environment40Duty in relation to general workplace facilities41Duty to provide and maintain adequate and accessible facilitiesDivision3First aid42Duty to provide first aidDivision4Emergency plans43Duty to prepare, maintain and implement emergency planDivision5Personal protective equipment44Provision to workers and use of personal protective equipment45Personal protective equipment used by other persons46Duties of worker47Duty of person other than workerDivision6Remote or isolated work48Remote or isolated workDivision7Managing risks from airborne contaminants49Ensuring exposure standards for substances and mixtures not exceeded50Monitoring airborne contaminant levelsDivision8Hazardous atmospheres51Managing risks to health and safety52Ignition sourcesDivision9Storage of flammable or combustible substances53Flammable and combustible material not to be accumulatedDivision10Falling objects54Management of risk of falling objects55Minimising risk associated with falling objectsChapter4Hazardous workPart1Noise56Meaning of exposure standard for noise57Managing risk of hearing loss from noise58Audiometric testing59Duties of designers, manufacturers, importers and suppliers of plantPart2Hazardous manual tasks60Managing risks to health and safety61Duties of designers, manufacturers, importers and suppliers of plant or structuresPart3Confined spacesDivision1Preliminary62Confined spaces to which this Part applies63Application to emergency service workersDivision2Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure64Duty to eliminate or minimise riskDivision3Duties of person conducting business or undertaking65Entry into confined space must comply with this Division66Managing risks to health and safety67Confined space entry permit68Signage69Communication and safety monitoring70Specific controlconnected plant and services71Specific controlatmosphere72Specific controlflammable gases and vapours73Specific controlfire and explosion74Emergency procedures75Personal protective equipment in emergencies76Information, training and instruction for workers77Confined space entry permit and risk assessment must be keptPart4Falls78Management of risk of fall79Specific requirements to minimise risk of fall80Emergency and rescue proceduresPart5High risk workDivision1Licensing of high risk workSubdivision1Requirement to be licensed81Licence required to carry out high risk work82Exceptions83Recognition of high risk work licences in other jurisdictions84Duty of person conducting business or undertaking to ensure direct supervision85Evidence of licenceduty of person conducting business or undertakingSubdivision2Licensing process86Who may apply for a licence87Application for high risk work licence88Additional information89Decision on application90Matters to be taken into account91Refusal to grant high risk work licenceprocess92Duration of licence93Licence document94Licence document to be available95Reassessment of competency of licence holderSubdivision3Amendment of licence document96Notice of change of address97Licence holder to return licence98Replacement licence document99Voluntary surrender of licenceSubdivision4Renewal of high risk work licence100Regulator may renew licence101Application for renewal102Licence continues in force until application is decided103Renewal of expired licence104Provisions relating to renewal of licence105Status of licence during reviewSubdivision5Suspension and cancellation of high risk work licence106Suspension or cancellation of licence107Matters taken into account108Notice to and submissions by licence holder109Notice of decision110Immediate suspension111Licence holder to return licence document112Regulator to return licence document after suspensionDivision2Accreditation of assessorsSubdivision1Requirement to be accredited113Accreditation required to assess competency for high risk work licence114Accredited assessor must act in accordance with accreditationSubdivision2Accreditation process115Regulator may accredit assessors116Application for accreditation117Additional information118Decision on application119Matters to be taken into account120Refusal to grant accreditationprocess121Conditions of accreditation122Duration of accreditation123Accreditation document124Accreditation document to be availableSubdivision3Amendment of accreditation document125Changes to information126Accredited assessor to return accreditation document127Replacement accreditation document128Voluntary surrender of accreditationSubdivision4Renewal of accreditation129Regulator may renew accreditation130Application for renewal131Accreditation continues in force until application is decided132Provisions relating to applicationSubdivision5Suspension and cancellation133Regulator may suspend or cancel accreditation134Suspension or cancellation of accreditation135Matters to be taken into account136Notice to and submissions by accredited assessor137Notice of decision138Immediate suspension139Accredited assessor to return accreditation document140Regulator to return accreditation document after suspensionSubdivision6Agreements with RTOs141Regulator may enter into agreement with RTOPart6Demolition workDivision1Notice of demolition work142Notice of demolition workDivision2Approval to carry out demolition work143Demolition work required to be licensed143AA