South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 171

171—By-laws

        (1)         A regional NRM board has power to make by-laws with respect to any matter prescribed by the regulations in relation to—

            (a)         water that is under the control of the board; or

            (b)         a watercourse or lake, or infrastructure, that is under the care, control and management of the board; or

            (c)         an area that is within the immediate vicinity of a watercourse or lake, or infrastructure, that is under the care, control and management of the board.

        (2)         Without limiting the operation of subsection (1) , the regulations may authorise by-laws that provide for the prohibition or regulation of—

            (a)         the use of water that is under the control of a regional NRM board; or

            (b)         the use of a watercourse or lake, or infrastructure, that is under the care, control and management of a regional NRM board; or

            (c)         prescribed activities with respect to any such water, watercourse, lake or infrastructure, or any area that is within the immediate vicinity of any such watercourse, lake or infrastructure.

        (3)         A regional NRM board cannot make a by-law that requires that a person obtain a licence from the board to carry out an activity unless the regulations have conferred express power in the board to do so.

        (4)         A by-law under this section—

            (a)         may make different provision according to the matters or circumstances to which they are expressed to apply; and

            (b)         may provide that a matter or thing in respect of which the by-law may be made is to be determined according to the discretion of the regional NRM board, or a person or body prescribed by the regulations; and

            (c)         if the regulations so provide, fix a minimum as well as a maximum penalty for any breach of a by-law, or a maximum penalty only, or a general maximum penalty applicable to several by-laws provided that the maximum penalty so fixed does not exceed $750, and in the case of a continuing offence fix a further penalty not exceeding $50 for every day on which the offence or breach of the by-law continues.

        (5)         A by-law under this section must—

            (a)         be consistent with the objects of this Act; and

            (b)         avoid unreasonable duplication or overlap with the provisions of this Act or the regulations; and

            (c)         be expressed plainly and in gender neutral language,

but a by-law cannot be challenged on the ground that it is inconsistent with one or more of these principles.

        (6)         A by-law under this section will not apply to, or in relation to, any activity undertaken by SA Water.

        (7)         Before making a by-law under this section, a regional NRM board—

            (a)         must consult any council whose area may be directly affected by the operation of the by-law; and

            (b)         must publish the proposed by-law, as well as a notice inviting members of the public to provide the board with written submissions in relation to the proposed by-law within a specified period (being a period of at least 6 weeks), on its website and in such other manner as the board may determine; and

            (c)         must have regard to the views of the council and to all submissions made in accordance with the notice; and

            (d)         may amend the text of the proposed by-law in response to one or more of those views or submissions.

        (8)         In addition, a regional NRM board must not make a by-law unless or until—

            (a)         the board has obtained a certificate, in the prescribed form, signed by a legal practitioner certifying that, in the opinion the legal practitioner—

                  (i)         the board has power to make the by-law; and

                  (ii)         the by-law is not in conflict with this Act; and

            (b)         the Minister has given approval to the making of the by-law.

        (9)         The Minister must not give an approval under subsection (8)(b) unless the Minister has given any council whose area may be directly affected by the operation of the by-law notice of his or her proposal to give the approval and given consideration to any submission made by the council within a period (of at least 21 days) specified by the Minister.

        (10)         A by-law comes into operation on the day on which it is published in the Gazette, or from a later day or days fixed in the by-law.

        (11)         Section 10AA of the Subordinate Legislation Act 1978 does not apply to a by-law of a regional NRM board.

        (12)         In the event of an inconsistency between a by-law made by a regional NRM board under this section and a by-law made by a council under the Local Government Act 1999 , the by-law made by the board will prevail (and the by-law made by the council will not apply to the extent of the inconsistency).

        (13)         A by-law made under this section, and all subsequent by-laws altering the by-law, unless it has already expired or been revoked, expires on the seventh anniversary of the day on which the by-law is published in the Gazette.

        (14)         Water for the time being comprising a water resource in the region of a regional NRM board will be taken to be under the control of the board.