South Australian Repealed Acts

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This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 124

124—Right to take water subject to certain requirements

        (1)         Subject to this Act and to any other Act or law to the contrary, a person who has lawful access to a watercourse, lake or well may take water from the watercourse, lake or well for any purpose.

        (2)         Subject to this Act and to any other Act or law to the contrary, the occupier of land is entitled to take surface water from the land for any purpose.

        (2a)         Subject to this Act, any other Act or law to the contrary, any provision made by the regulations, or the provisions of a stormwater management plan incorporated into a regional NRM plan under section 89(1)(b) , a person who has lawful access to any stormwater infrastructure may take water from the infrastructure for any purpose.

        (3)         However, subject to subsections (4) , (6) and  (6a)

            (a)         —

                  (i)         an authorisation under section 128 ; or

                  (ii)         a water allocation that relates to the relevant water resource,

is required to take water from a prescribed watercourse, lake or well or to take water from a surface water prescribed area; and

            (b)         a person must not take water from a watercourse, lake or well that is not prescribed if to do so—

                  (i)         would detrimentally affect the ability of another person to exercise a right to take water from the watercourse or lake or from the same underground aquifer; or

                  (ii)         would detrimentally affect the enjoyment of the amenity of water in the watercourse or lake by the occupier of land

                        (A)         that adjoins the watercourse or through which the watercourse runs; or

                        (B)         that adjoins the lake or on which the lake is situated.

        (4)         Subsection (3) does not apply to the taking of water if—

            (a)         the water is taken by the occupier of land from—

                  (i)         a watercourse that adjoins or runs through the land; or

                  (ii)         a lake that adjoins or is on the land; or

                  (iii)         a well that is on the land; or

            (b)         the water is surface water and is taken by the occupier of land from the land,

and is used by the occupier for domestic purposes or for watering stock (other than stock subject to intensive farming).

        (5)         Subsection (4) does not apply to the taking of water from a prescribed watercourse, lake or well or the taking of surface water from a surface water prescribed area if the regulation declaring the watercourse, lake or well or the surface water prescribed area excludes the operation of that subsection.

        (6)         Subsection (3) does not apply to the taking of water for the purposes of drinking or cooking by the person who takes it or by a person to whom he or she gives the water if the rate at which the water is taken does not exceed the rate prescribed by regulation.

        (6a)         Subsection (3) does not apply—

            (a)         to the taking of water from stormwater infrastructure in circumstances prescribed by regulation; or

            (b)         to the taking of water from stormwater infrastructure, or a part of stormwater infrastructure, brought within the ambit of this paragraph by regulation.

        (7)         Despite the other provisions of this section, water must not be taken contrary to the provisions of an NRM plan that applies in relation to that water unless the water is taken pursuant to an authorisation under section 128 or a water allocation that relates to the relevant water resource.

        (7a)         This section operates subject to any requirement to have a licence with respect to a commercial forest under Part 5A .

        (8)         Rights at common law in relation to the taking of naturally occurring water are abolished.



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