South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Long Title
Chapter 1--Preliminary
1. Short title
3. Interpretation
4. Interaction with other Acts
5. Territorial and extra-territorial operation of Act
6. Act binds Crown
Chapter 2--Objects of Act and general statutory duties
PART 1--Objects
7. Objects
8. Administration of Act to achieve objects
PART 2--General statutory duties
9. General statutory duties
Chapter 3--Administration
PART 1--The Minister
10. Functions of Minister
11. Powers of delegation
PART 3--NRM regions and boards
Division 1--Establishment of regions
22. Establishment of regions
Division 2--Establishment of regional NRM boards
23. Establishment of boards
24. Corporate nature
Division 3--Membership
25. Composition of boards
26. Conditions of membership
27. Allowances and expenses
28. Validity of acts
28A. Conflict of interest under Public Sector (Honesty and Accountability) Act
Division 4--Functions of boards
29. Functions of boards
Division 5--Powers of boards
30. General powers
31. Special powers to carry out works
32. Entry and occupation of land
33. Special vesting of infrastructure
Division 6--Staff
34. Staff
Division 7--Committees and delegations
35. Committees
36. Power of delegation
Division 8--Accounts, audit and reports
37. Accounts and audit
38. Annual reports
39. Specific reports
Division 10--Related matters
41. Use of facilities
42. Board's power to provide financial assistance etc
43. Assignment of responsibility for infrastructure to another person or body
44. Appointment of body to act as a board
PART 4--NRM groups
Division 1--Establishment of areas
45. Establishment of areas
Division 2--Establishment of NRM groups
46. Establishment of groups
47. Corporate nature and responsibility at regional level
Division 3--Membership
48. Composition of NRM groups
49. Conditions of membership
50. Allowances and expenses
51. Validity of acts
51A. Conflict of interest under Public Sector (Honesty and Accountability) Act
Division 4--Functions of NRM groups
52. Functions of groups
Division 5--Powers of NRM groups
53. General powers
Division 6--Committees and delegations
54. Committees
55. Power of delegation
Division 7--Accounts, audit and reports
56. Accounts
58. Specific reports
Division 8--Related matters
59. Staff
60. Use of facilities
61. Appointment of body to act as group
62. Regional NRM board may act as an NRM group
PART 5--The Chief Officer
63. Chief Officer
64. Functions of Chief Officer
65. Power of delegation
PART 6--Authorised officers
66. State authorised officers
67. Regional authorised officers
68. Identity cards
69. Powers of authorised officers
70. Provisions relating to seizure
71. Hindering etc persons engaged in the administration of this Act
73. Offences by authorised officers
Chapter 4--NRM plans
PART 1--State NRM Plan
74. State NRM Plan
PART 2--Regional plans
Division 1--Regional NRM plans
75. Regional NRM plans
Division 2--Water allocation plans
76. Preparation of water allocation plans
Division 3--Preparation and maintenance of plans
77. Application of Division
79. Preparation of plans and consultation
80. Submission of plan to Minister
81. Review and amendment of plans
82. Time for implementation of plans
83. Availability of copies of plans etc
84. Time for preparation and review of plans
Division 4--Related matters
85. Application of Division
86. Validity of plans
87. Promotion of River Murray legislation and IGA
88. Associated Ministerial consents
89. Amendment of plans without formal procedures
90. Plans may confer discretionary powers
91. Effect of declaration of invalidity
Chapter 5--Financial provisions
PART 1--NRM levies
Division 1--Levies in respect of land
92. Contributions by constituent councils
93. Payment of contributions by councils
94. Funds may be expended in subsequent years
95. Imposition of levy by councils
96. Costs of councils
97. Outside council areas
98. Contributions towards work of NRM groups
99. Application of levy
Division 2--Levies in respect of water
100. Interpretation
101. Declaration of levies
103. Special purpose water levy
104. Liability for levy
105. Notice of liability for levy
106. Determination of quantity of water taken
107. Cancellation etc of entitlement for non-payment of levy
108. Costs associated with collection
Division 3--Special provisions
109. Application of Division
110. Interest
111. Discounting levies
112. Recovery rights with respect to unpaid levy
113. Sale of land for non-payment of a levy
Division 4--Related matters
114. Refund of levies
115. Declaration of penalty in relation to unauthorised or unlawful taking of water
116. Appropriation of levies, penalties and interest
PART 2--Statutory funds
Division 1--The Natural Resources Management Fund
117. The Natural Resources Management Fund
118. Accounts
119. Audit
Division 2--Regional NRM board funds
120. Regional NRM board funds
Chapter 6--Management and protection of land
121. Interpretation
122. Special provisions relating to land
123. Requirement to implement action plan
Chapter 7--Management and protection of water resources
PART 1--General rights in relation to water
124. Right to take water subject to certain requirements
125. Declaration of prescribed water resources
PART 2--Control of activities affecting water
Division 1--Determination of relevant authority
126. Determination of relevant authority
Division 2--Control of activities
127. Water affecting activities
128. Certain uses of water authorised
129. Activities not requiring a permit
130. Notice to rectify unauthorised activity
131. Notice to maintain watercourse or lake
132. Restrictions in case of inadequate supply or overuse of water
133. Specific duty with respect to damage to a watercourse or lake
134. Minister may direct removal of dam etc
Division 3--Permits
135. Permits
136. Requirement for notice of certain applications
137. Refusal of permit to drill well
138. Availability of copies of permits etc
Division 4--Provisions relating to wells
139. Well drillers' licences
141. Renewal of licence
142. Non-application of certain provisions
143. Defences
144. Obligation to maintain well
145. Requirement for remedial or other work
PART 3--Licensing and associated rights and entitlements
Division 1--Water licences
146. Nature of water licences
147. Water licences--applications and matters to be considered
148. Issuing of water licences
149. Variation of water licences
150. Transfer of water licences
151. Surrender of water licences
Division 2--Allocation of water
152. Allocation of water
153. Issuing of water allocation
154. Water allocations--matters to be considered
155. Reduction of water allocation
156. Variation of water allocations
157. Transfer of water allocations
158. Surrender of water allocations
Division 3--Water resource works approvals
159. Water resource works approvals--applications and matters to be considered
160. Issuing of approvals
161. Variation of approvals
162. Notice provisions
163. Cancellation if works not constructed or used
164. Nature of approval
Division 4--Site use approval
164A. Site use approvals--applications and matters to be considered
164B. Issuing of approvals
164C. Variation of approvals
164D. Notice provisions
164E. Cancellation
164F. Nature of approval
Division 5--Delivery capacity entitlements
164G. Delivery capacity entitlements--applications and matters to be considered
164H. Issuing of delivery capacity entitlements
164I. Delivery capacity entitlements to relate to point of extraction
164J. Variation of delivery capacity entitlements
164K. Transfer of delivery capacity entitlements
164L. Surrender of delivery capacity entitlements
Division 6--Interstate agreements
164M. Interstate agreements
Division 7--Related matters
164N. Allocation on declaration of prescribed water resource
164O. Schemes to promote the transfer or surrender of certain entitlements
164P. Consequences of breach of water management authorisations
164Q. Effect of cancellation of water management authorisations
164R. Law governing decisions under this Part
PART 4--Reservation of excess water by Minister
165. Interpretation
166. Reservation of excess water in a water resource
167. Allocation of reserved water
168. Public notice of allocation of reserved water
PART 5--Water conservation measures
169. Water conservation measures
PART 5A--Commercial forestry
Division 1--Preliminary
169A. Interpretation
169B. Declaration of forestry areas
Division 2--Licences
169C. Forest water licences
169D. Allocation of water
169E. Variations--allocations
169F. Transfer of allocations
169G. Conditions
169H. Variations--conditions
169I. Establishment of licence on declaration of areas
169J. Surrender of licences
169K. Cancellation of licences
Division 4--Related matters
169L. Offences
169M. Law governing decisions under this Part
PART 5B--Interaction with Irrigation Acts
169N. Interaction with Irrigation Act 2009
169O. Interaction with Renmark Irrigation Trust Act 2009
PART 6--Related matters
170. Effect of water use on ecosystems
171. By-laws
172. Representations by SA Water
173. Water recovery and other rights subject to board's functions and powers
173A. Water management authorisation is not personal property for the purposes of Commonwealth Act
Chapter 8--Control of animals and plants
PART 1--Preliminary
174. Preliminary
PART 2--Control provisions
Division 1--Specific controls
175. Movement of animals or plants
176. Possession of animals or plants
177. Sale of animals or plants, or produce or goods carrying animals or plants
178. Sale of contaminated items
179. Offence to release animals or plants
180. Notification of presence of animals or plants
181. Requirement to control certain animals or plants
182. Owner of land to take action to destroy or control animals or plants
183. Requirement to implement action plan
184. Native animals
185NRM authorities may recover certain costs from owners of land adjoining road reserves
186. Destruction or control of animals outside the dog fence by poison and traps
187. Ability of Minister to control or quarantine any animal or plant
Division 2--Permits
188. Permits
Division 3--Related matters
189. Animal-proof fences
190. Offence to damage certain fences
191. Offence to leave gates open
192. Protection of certain vegetation and habitats
Chapter 9--Civil remedies
PART 1--Orders issued by NRM authorities
Division 1--Orders
193. Protection orders
194. Action on non-compliance with a protection order
195. Reparation orders
196. Action on non-compliance with a reparation order
197. Reparation authorisations
198. Related matter
Division 2--Registration of orders and effect of charges
199. Registration
200. Effect of charge
PART 2--Orders made by ERD Court
201. Orders made by ERD Court
Chapter 10--Appeals
202. Right of appeal
203. Operation and implementation of decisions or orders subject to appeal
204. Powers of Court on determination of appeals
Chapter 11--Management agreements
205. Management agreements
Chapter 12--Miscellaneous
PART 1--Avoidance of duplication of procedures etc
206. Avoidance of duplication of procedures etc
PART 2--Other matters
207. Native title
208. Service of notices or other documents
209. Money due to Minister
210. Compulsory acquisition of land
211. Compensation
212. Immunity from liability
213. Vicarious liability
214. False or misleading information
215. Interference with works or other property
216. Criminal jurisdiction of Court
217. Proceedings for offences
218. General defence
219. Offences by bodies corporate
220. Additional orders on conviction
221. Continuing offence
222. Constitution of Environment, Resources and Development Court
223. Evidentiary
224. Determination of costs and expenses
225. Minister may apply assumptions and other information
226NRM Register
227. Confidentiality
229. Damage caused by non-compliance with a notice etc
230. Recovery of technical costs associated with contraventions
231. Incorporation of codes and standards
232. Exemption from Act
233. Regulations
Schedule 1--Provisions relating to regional NRM boards and NRM groups
1. Interpretation
2. Procedure at meetings
3. Meetings to be held in public subject to certain exceptions
4. Agenda and minutes of meeting to be provided to Minister etc
Schedule 2--Classes of wells in relation to which a permit is not required
Schedule 3--Regulations
Schedule 3A--The Water Register
PART 1--Preliminary
1. Interpretation
2. Applications
3. Minister's power to require information
4. Form of record and management of register
5. Authentication of searches
Chapter 7
6. Registration of entitlements
7. Special arrangement as to transfers
PART 3--Registration of security interests
8. Creation of security interests
9. Priority of interests
10. Variation of registered security interests
11. Transfers
12. Discharge of registered interests
13. Enforcement of security interests
PART 4--Caveats
14. Caveats
PART 5--Miscellaneous
15. Devolution
16. Recording monetary consideration
17. Correction of instruments
18. Cancellation of registration
19. Address for service of notices
20ERD Court
Schedule 4--Repeals and transitional provisions
PART 17--Repeal of Acts
43. Repeal of Acts
PART 18--Transitional provisions
44. Interpretation
45. Continuation of prescribed bodies
46. Vesting of property etc
47. References
48. Authorised officers
49. Special provisions relating to employees
50. Initial constitution of boards
51. Constitution of Environment, Resources and Development Court
52. Special provisions relating to the repeal of the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986
53. Special provisions relating to the repeal of the Soil Conservation and Land Care Act 1989
54. Special provisions relating to the repeal of the Water Resources Act 1997
55. Special provisions relating to levies
56. Other provisions
57. Governor may extend term of office etc
Legislative history
The Parliament of South Australia enacts as
follows:
Chapter
1—Preliminary