South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 169

169—Water conservation measures

        (1)         For the purposes of this section, water conservation measures may do one or more of the following:

            (a)         prohibit the use of water for a specified purpose or purposes, or restrict or regulate the purposes for which water can be used;

            (b)         prohibit the use of water in a specified manner or by specified means, or restrict or regulate the manner in which, or the means by which, water may be used;

            (c)         prohibit specified uses of water during specified periods, or restrict or regulate the times at which water may be used.

        (2)         The Governor may, by regulation, introduce one or more water conservation measures.

        (3)         Regulations under subsection (2) must be declared to be made—

            (a)         for the purposes of taking action to provide for the better conservation, use or management of water ("longer-term measures"); or

            (b)         for the purposes of taking action on account of a situation, or likely situation, that, in the opinion of the Governor, has resulted, or is likely to result, in a decrease of the amount of water available within a water resource (whether prescribed or not) ("short-term measures").

        (4)         A regulation under subsection (2) will, unless it has already been revoked, expire—

            (a)         in the case of a longer-term measure—at the expiration of 5 years from the day on which it comes into operation;

            (b)         in the case of a short-term measure—at the expiration of 1 year from the day on which it comes into operation.

        (5)         Before a regulation is made under subsection (2) —

            (a)         the Minister should take reasonable steps to consult with persons who, in the opinion of the Minister, are appropriate representatives of groups who will be affected by the proposed regulation; and

            (b)         the Minister should give consideration—

                  (i)         to the impact that the regulation would have on any rights or entitlements arising under or by virtue of any licences or permits granted under this Chapter; and

                  (ii)         to the provisions of any relevant water allocation plan, and of any other relevant part of this Chapter.

        (6)         A regulation under this section may provide that a specified activity involving the use of water cannot occur except under the authority of an approval issued by the Minister in accordance with the regulations.

        (7)         A regulation under this section may—

            (a)         apply in relation to any water—

                  (i)         that forms part of the water resources (whether prescribed or not) of the State; or

                  (ii)         that is available for use within the State (including through a water reticulation system);

            (b)         apply in relation to the whole or any part of the State;

            (c)         apply any measure in relation to specified classes of persons or bodies, or generally;

            (d)         specify conditions or provide for exemptions;

            (e)         otherwise make different provision according to circumstances specified in the regulation.

        (8)         A person who contravenes or fails to comply with a regulation under this section is guilty of an offence.

Maximum penalty:

            (a)         where the offender is a body corporate—$10 000;

            (b)         where the offender is a natural person—$5 000.

Expiation fee: $315.