South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 133

133—Specific duty with respect to damage to a watercourse or lake

        (1)         It is the duty of the owner of land on which a watercourse or lake is situated or that adjoins a watercourse or lake to take reasonable measures to prevent damage to the bed and banks of the watercourse or the bed, banks or shores of the lake and to the ecosystems that depend on the watercourse or lake.

        (2)         A person who breaches subsection (1) is not, on account of the breach alone, liable to any civil or criminal action, but—

            (a)         compliance with that subsection may be enforced by the issuing of a protection order under Chapter 9 Part 1 ; and

            (b)         a reparation order or reparation authorisation may be issued under Chapter 9 Part 1 ; and

            (c)         an order may be made by the ERD Court under Chapter 9 Part 2 in respect of the non-compliance.

        (3)         In this section—

"damage" does not include—

            (a)         damage caused in the normal course of an activity authorised by or under this Act; or

            (b)         damage of a minor nature.