South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
127—Water affecting activities
(1) A person must not
take water from a prescribed watercourse, lake or well or take surface water
from a surface water prescribed area—
(a)
unless the person is—
(i)
—
(A) authorised to do so under section 128
; or
(B) taking the water as part of a
water allocation that relates to the relevant water resource; or
(ii)
entitled to take the water for domestic purposes or for
watering stock under Part 1 ; and
(b) if
the taking of water consists of the erection, construction or enlargement of a
dam, wall or other structure that collects or diverts water flowing in a
watercourse or flowing over any other land—unless the person is
authorised to erect, construct or enlarge the dam by a water management
authorisation or a permit referred to in subsection (3)
.
(2) A person must not
take water from a watercourse, lake or well that is not prescribed or take
surface water from land that is not in a surface water prescribed area in
contravention of an NRM plan that applies in relation to that water.
(3) Subject to this
Act, a person must not undertake any of the following activities unless
authorised to do so by a water management authorisation or permit granted by
the relevant authority:
(a)
drilling, plugging, backfilling or sealing of a well;
(b)
repairing, replacing or altering the casing, lining or screen of a well;
(c)
draining or discharging water directly or indirectly into a well;
(d) the
erection, construction, modification, enlargement or removal of a dam, wall or
other structure that will collect or divert, or collects or diverts—
(i)
water flowing in a prescribed watercourse; or
(ii)
water flowing in a watercourse in the
Mount Lofty Ranges Watershed that is not prescribed; or
(iii)
surface water flowing over land in a
surface water prescribed area or in the Mount Lofty Ranges Watershed;
(e) an
activity of a kind referred to in subsection (5)
that is identified in an NRM plan that applies in the region in which the
activity is to be undertaken as being an activity for which a permit is
required under this subsection;
(f) an
activity prescribed by the regulations made on the recommendation of the
Minister.
(4) The Minister must
not make a recommendation under subsection (3)(f)
unless or until the Minister has consulted with the Natural Resources
Committee of the Parliament in relation to the proposed regulations.
(5) Subject to this
Act, a person must not undertake any of the following activities contrary to
an NRM plan applying in the region in which the activity is undertaken:
(a) the
erection, construction, modification, enlargement or removal of a dam, wall or
other structure that will collect or divert, or collects or diverts, water
flowing in a watercourse that is not in the Mount Lofty Ranges Watershed and
that is not prescribed or flowing over any other land that is not in a
surface water prescribed area or in the Mount Lofty Ranges Watershed;
(b) the
erection, construction or placement of any building or structure in a
watercourse or lake or on the floodplain of a watercourse;
(c)
draining or discharging water directly or indirectly into a watercourse or
lake;
(d)
depositing or placing an object or solid material in a watercourse or lake;
(e)
obstructing a watercourse or lake in any other manner;
(f)
depositing or placing an object or solid material on the floodplain of a
watercourse or near the bank or shore of a lake to control flooding from the
watercourse or lake;
(g)
destroying vegetation growing in a watercourse or lake or growing on the
floodplain of a watercourse;
(h)
excavating or removing rock, sand or soil from—
(i)
a watercourse or lake or the floodplain of a watercourse;
or
(ii)
an area near to the banks of a lake so as to damage, or
create the likelihood of damage to, the banks of the lake;
(i)
using water in the course of carrying on a business in an
NRM region at a rate that exceeds the rate prescribed by an NRM plan if the
water has been brought into the region by means of a pipe or other channel;
(j)
using effluent in the course of carrying on a business in an NRM region at a
rate that exceeds a rate prescribed by an NRM plan;
(ja)
undertaking commercial forestry;
(k) an
activity prescribed by the regulations.
(5a) Without limiting
a preceding subsection, in the case of a prescribed watercourse, lake or well
or a surface water prescribed area—
(a) a
person must not construct, maintain or operate any works for the purposes of
taking water or surface water (as the case may be) from the relevant
water resource unless authorised to do so by a water resource works approval;
and
(b) a
person must not use water or surface water (as the case may be) taken from the
relevant water resource unless authorised to do so by a site use approval; and
(c) if
the relevant water allocation plan so requires—a person must not take
water or surface water (as the case may be) unless authorised to do so by a
delivery capacity entitlement.
(5b) Subsection (5a)
does not apply—
(a) in
the case of subsection (5a)(a)
—to any works prescribed by regulation under this paragraph;
(b) in
the case of subsection (5a)(b)
—to any circumstance or situation, or after any point, prescribed by
regulation under this paragraph;
(c) in
the case of subsection (5a)(c)
—to any circumstance or situation prescribed by regulation under this
paragraph.
(a)
contravenes subsection (1)
, (2), (3) or (5a) ; or
(ab)
contravenes or fails to comply with a term or provision of a water
management authorisation; or
(b)
contravenes or fails to comply with a condition to which a management
authorisation, an authorisation under section 128
or a permit is subject,
is guilty of an offence.
Maximum penalty:
(a) if
the offence relates to the taking or using of water and the court by which the
conviction is recorded has accepted evidence as to the amount of water taken
or used in contravention of this Act—
(i)
a sum calculated at the prescribed rate for each
kilolitre of water so taken or used; or
(ii)
—
(A) where the offender is a body
corporate—$70 000;
(B) where the offender is a natural
person—$35 000,
whichever is the greater;
(b) in
any other case—
(i)
where the offender is a body
corporate—$70 000;
(ii)
where the offender is a natural
person—$35 000.
Expiation fee: If the offence is constituted by a breach of a prescribed
condition of a water management authorisation or permit—$750.
(7) The Minister, an
NRM authority, a council or a council subsidiary that proposes to undertake an
activity does not require a permit for the activity if he, she or it is the
relevant authority for the purposes of granting permits for that kind of
activity.
(8) The relevant
authority may, in conjunction with the operation of subsection (3)(d)
, determine not to grant any more permits for the erection, construction or
enlargement of a dam, wall or other structure in a particular area unless or
until there has been a reduction, to a level determined by the relevant
authority, of the capacity of water capable of being retained by other dams,
walls or structures already existing in the relevant area.
(9) In this
section—
"prescribed rate" means $25.