harbors and navigation

Reviews of decisions made under the Harbors and Navigation Act 1993

From 4 October 2018, SACAT will have review jurisdiction under the Harbors and Navigation Act 1993 (SA). This will enable reviews of certain decisions made by the Minister for Planning, Transport and Infrastructure or the Chief Executive of the Department of Planning, Transport and Infrastructure.

Types of Decisions that can be reviewed by SACAT

SACAT can review decisions made by the Minister for Planning, Transport and Infrastructure or the Chief Executive of the Department of Planning, Transport and Infrastructure to:

  • Take disciplinary action against a port operator
  • Insist on the inclusion of a provision in a port operating agreement
  • Not renew a port operating agreement
  • Refuse or cancel a pilot’s licence or pilotage exemption certificate, or to impose conditions on such a licence or certificate
  • Refuse a boat operator’s licence
  • Cancel a boat operator’s licence
  • Disqualify a person from holding a boat operator’s licence
  • Declare a qualification that is under the regulations equivalent to a boat operator’s licence to be inoperative
  • Prohibit the use of a vessel.

Time Limits

There is no time limit for a review of a decision made under the Harbors and Navigation Act 1993

Before applying to SACAT for a review of a Harbors and Navigation decision you must:

  1. Have a copy of the decision which you want to challenge – you should include this with your application.
  2. Ensure you are ready to pay the required fee for making an application.

How to apply:

Click here to start an online application.  In the field entitled ‘Type keyword here’ contained within Step 2 type the word ‘harbors’ as shown below and then scroll down to select the correct application type.

If you are not sure if you have selected the correct application type you can hover over the ‘question mark’ on the right-hand side to see a brief description of the application you have selected.

If you have any further questions or you would like a staff member from SACAT to assist you to complete the application over the telephone please call SACAT on 1800 723 767 (and press menu option 4, and then 6).

Attach a copy of the decision you are seeking to review:

You must upload a copy of the decision you are seeking to review when completing your on-line application, or you can email the decision to SACAT at sacat@sacat.sa.gov.au, or post the decision to SACAT at GPO Box 2361 Adelaide SA 5001. Please quote your tracking code or file number when sending any correspondence to SACAT.

Fees:

There is a filing fee applicable for this type of application. Payment can be made on-line by credit card at the time of completing the on-line form, or by using one of the other options outlined in the payment section of the on-line form.

Click here to see a list of current fees and information about payment methods and fee waiver options. 

Organisations that may be able to assist you:

  • Legal Services Commission - www.lsc.sa.gov.au – The Legal Services Commission offer a free telephone legal advice line and other methods of advice for members of the public.

Relevant legislation:

Harbors and Navigation Act 1993 (SA)