South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 143

143—Defences

It is a defence to prosecution for the offence of drilling, plugging, backfilling or sealing a well or repairing, replacing or altering the casing, lining or screen of a well without being authorised to do so by a permit or without using the services of a licensed well driller or a person supervised by a licensed well driller—

            (a)         to prove that the well is of a class specified by or under Schedule 2 ; or

            (b)         to prove that the person who carried out the work was the owner of the land on which the well is situated or was the employee or sharefarmer of the owner of that land and that—

                  (i)         the well gives access to underground water the surface of which is at atmospheric pressure and the total dissolved salts of which exceed 1 800 milligrams per litre; and

                  (ii)         the work was carried out solely for the purposes of maintenance and did not involve—

                        (A)         substantial alteration to the casing, lining or screen of the well or the replacement of the casing, lining or screen with a casing, lining or screen of substantially different design or specifications; or

                        (B)         a substantial repositioning of the casing, lining or screen; or

                        (C)         deepening the well by more than 1.5 metres; or

            (c)         to prove that—

                  (i)         the work comprising the alleged offence was carried out to prevent or reduce pollution of water in the well and that in the circumstances it was unreasonable to expect the defendant—

                        (A)         to have obtained a permit; or

                        (B)         to have obtained the services of a licensed well driller; and

                  (ii)         the work was carried out in accordance with the regulations (if any); and

                  (iii)         the Chief Officer was given written notice of the work as soon as practicable after it was completed; or

            (d)         to prove that—

                  (i)         the work comprising the alleged offence was carried out pursuant to a permit issued by the relevant authority; and

                  (ii)         the work comprising the alleged offence was carried out by or under the supervision of the owner of the land on which the well is situated; and

                  (iii)         at the time of the alleged offence the well was not more than 15 metres in depth (or such other depth as may be prescribed by regulation); and

                  (iv)         the work was carried out in accordance with the regulations (if any).