South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
(1) The Governor may
make such regulations as are contemplated by this Act or as are necessary or
expedient for the purposes of this Act.
(2) Without limiting
the generality of subsection (1)
, regulations may be made with respect to any of the matters specified in Schedule 3 .
(3) A regulation under
this Act—
(a) may
make different provision according to the matters or circumstances to which
they are expressed to apply;
(b) may
provide that a matter or thing in respect of which regulations may be made is
to be determined according to the discretion of the Minister or any other
person or body prescribed by the regulations;
(c) may,
in relation to fees or charges, prescribe differential fees or charges, or
provide for fees or charges to be determined according to prescribed factors.
(4) A regulation under
item 13 of
Schedule 3 with respect to regional NRM levies cannot be made unless the
Minister has given the LGA notice of the proposal to make a regulation under
that item and given consideration to any submission made by the LGA within a
period (of at least 21 days) specified by the Minister.
Schedule 1—Provisions relating to regional NRM boards and NRM groups
In this Schedule, unless the contrary intention appears—
"member" means a member of a prescribed body;
"prescribed body" means—
(b) a
regional NRM board; or
(c) an
NRM group.
(1) The quorum for a
meeting of a prescribed body is determined by dividing the number of members
by 2, ignoring any fraction and adding 1.
(2) If the presiding
member is absent from a meeting, a member chosen by the members present at the
meeting will preside at the meeting.
(3) A decision carried
by a majority of the votes cast by members at a meeting is a decision of a
prescribed body.
(4) Each member
present at a meeting has 1 vote on any question arising for decision, and if
the votes are equal, the member presiding at the meeting may exercise a
casting vote.
(5) A prescribed body
must cause accurate minutes to be kept of its proceedings.
(6) Subject to this
Act, a prescribed body may determine its own procedures.
3—Meetings to be held in public subject to certain exceptions
(1) Subject to this
clause, a meeting of a prescribed body must be conducted in a place open to
the public.
(2) A prescribed body
must give public notice of its intention to hold a meeting that will be open
to the public in accordance with the requirements prescribed by the
regulations.
(3) The notice must
state the time and place at which the meeting will be held.
(4) The regulations
may dispense with the requirement to give notice in prescribed circumstances.
(5) A prescribed body
may order that the public be excluded from attendance at a meeting to the
extent (and only to the extent) that the prescribed body considers it to be
necessary and appropriate to act in a meeting closed to the public in order to
receive, discuss or consider in confidence any information or matter listed in
subclause (6)
(after taking into account any relevant consideration under that subclause).
(6) The following
information and matters are listed for the purposes of subclause (5)
:
(a)
information the disclosure of which would involve the unreasonable disclosure
of information concerning the personal affairs of any person (living or dead);
(b)
information the disclosure of which—
(i)
could reasonably be expected to confer a commercial
advantage on a person, or to prejudice the commercial position of a person;
and
(ii)
would, on balance, be contrary to the public interest;
(c)
information the disclosure of which would reveal a trade secret;
(d)
commercial information of a confidential nature (not being a trade secret) the
disclosure of which—
(i)
could reasonably be expected to prejudice the commercial
position of the person who supplied the information, or to confer a commercial
advantage on a third party; and
(ii)
would, on balance, be contrary to the public interest;
(e)
matters affecting the safety or security of any person or property;
(f)
information the disclosure of which could reasonably be expected to prejudice
the maintenance of law, including by affecting (or potentially affecting) the
prevention, detection or investigation of a criminal offence, or the right to
a fair trial;
(g)
matters that must be considered in confidence in order to ensure that the
prescribed body does not breach any law, order of direction of a court or
tribunal constituted by law, any duty of confidence, or other legal obligation
or duty;
(h)
legal advice;
(i)
information relating to actual litigation, or litigation
that the prescribed body believes on reasonable grounds will take place;
(j)
information the disclosure of which—
(i)
would divulge information provided on a confidential
basis by or to a Minister of the Crown, or another public authority or
official; and
(ii)
would, on balance, be contrary to the public interest; or
(k)
tenders for the supply of goods, the provision of services or the carrying out
of works;
(l)
information relating to a proposed amendment to a Development Plan under the Development
Act 1993 before a draft plan relating to the amendment is released for
public consultation under this Act.
(7) A member of the
public who, knowing that an order is in force under subclause (5)
, enters or remains in a room in which a meeting of a prescribed body is being
held is guilty of an offence.
Maximum penalty: $2 500.
(8) If a person
referred to in subclause (7)
fails to leave the room on request, it is lawful for a Public Service employee
or a member of the police force forcibly to remove the person from the room.
(9) If an order is
made under subclause (5)
, a note must be made in the minutes of the making of the order and of the
grounds on which it was made.
4—Agenda and minutes of meeting to be provided to Minister etc
(1) A prescribed body
must provide—
(a) the
Minister; and
(b) in
the case of a regional NRM board—
(i)
the member or members of the House of Assembly whose
electoral district or districts include the whole or part of the board's
region; and
(ii)
each constituent council,
with a copy of the agenda for, and the minutes of, each meeting, or the part
of each meeting, of the prescribed body that is open to members of the public.
(2) An agenda must be
provided under subclause (1)
at least 3 days before the meeting to which it relates is held except where
the meeting is held to deal with an emergency.
(3) A prescribed body
must make available for inspection and purchase by members of the public
copies of the agenda for, and the minutes of, each meeting, or the part of
each meeting, that is open to members of the public.
(4) A prescribed body
must not charge for inspection of an agenda or minutes and must not charge
more than the fee prescribed by regulation for sale of copies of an agenda or
minutes.
(5) A prescribed body
must, at the request of the Minister, provide the Minister with a copy of the
agenda or the minutes or both of each meeting, or the part of each meeting,
that is closed to members of the public.
Schedule 2—Classes of wells in relation to which a permit is not
required
1 A well that is 2.5 metres or less in
depth (or such other depth as may be prescribed by regulation).
2 A well—
(a) that
is not used to provide a supply of water or to drain water into, or to
recharge, an underground aquifer; and
(b) in
relation to which requirements imposed by or under a Mining Act are in force.
3 A well of one or more of the following classes
if the well is not used to provide a supply of water from the well:
(a) a
trench for the laying of pipes, cables or other equipment in relation to the
supply of water, gas or electricity or the provision of sewerage or drainage;
(b) a
drain that is under the control of the Commonwealth or State Government or a
council;
(c) an
excavation for or in relation to a building or for a swimming pool;
(d) a
private mine within the meaning of the Mining
Act 1971 ;
(e) an
excavation drilled for engineering or survey purposes if the excavation is not
in a part of the State excluded from the operation of this paragraph by
proclamation and the excavation is not more than 15 metres in depth;
(f) an
excavation for the purposes of a toilet;
(g) an
excavation (not exceeding 15 metres in depth) for the installation of cathodic
protection anodes or the measurement of water pressure.
4 (1) A well drilled
to a depth not exceeding the depth of the water table nearest to the surface
for the purpose of obtaining samples of water or other material for scientific
research.
(2) A well comprising
an excavation (not exceeding 3 metres in depth) for the purposes of conducting
an underground test or extracting material for testing.
5 A well of a class declared by proclamation to be
excluded from the operation of Chapter 7 Part 2
Division 4 .
6 A proclamation referred to in this Schedule may
be varied or revoked by subsequent proclamation made by the Governor.
1 The keeping of
records, statistics and other information by any person or body that performs
a function under this Act and the provision of reports based on that
information to the Minister or to any other prescribed person or body.
2 The keeping of records, statistics and other
information by the holders of licences or permits under this Act, or by any
other prescribed person or body.
3 The provision of reports, statements, documents
or other forms of information to any person or body that performs a function
under this Act.
4 The giving of notice before any prescribed class
of activity or procedure is commenced, the notification of the occurrence of
any prescribed class of event, or the giving of a notice to a person or body
in any prescribed circumstances.
5 The transfer of any licence or permit under this
Act.
6 The fixing, payment or recovery of—
(a)
rental for water meters;
(b)
other charges with respect to the use of any infrastructure connected with the
operation of this Act.
7 The assessment of the quality of water or of the
state or condition of other natural resources.
8 The prohibition or regulation of—
(a) the
use of water or other natural resources; or
(b)
activities on or in water, or involving other natural resources; or
(c)
activities on land under the care, control or management of the Minister, an
NRM authority or any other prescribed person or body.
9 The methods that may, or must, be used in the
destruction or control of any animal or plant.
10 The prohibition or regulation of the sale,
possession or use of any substance, or the employment of any method, for, or
in relation to—
(a) the
destruction or control of any animal or plant; or
(b) the
management or protection of any natural resource.
11 The issue of flood management, including
through the registration of flood maps in the General Registry Office.
12 The preparation and content of NRM plans.
13 The form or content of any notice imposing a
levy under this Act, or the information that must accompany any such notice.
14 Fixing fees and charges to be paid—
(a) for
the installation, maintenance, use or testing of water meters or other
infrastructure; or
(b) for
any service provided by the Minister or an NRM authority; or
(c) in
relation to the registration or discharge of instruments on the NRM Register;
or
(d) in
relation to any other matter connected with the administration or operation of
this Act.
15 The regulation of the payment, recovery,
waiving or reduction of fees or charges.
16 The procedures associated with any process
under this Act.
17 The payment of money into, or the use of money
standing to the credit of, a fund under this Act.
18 Fixing expiation fees, not exceeding $750, for
alleged offences against the regulations.
19 Evidence in proceedings for an offence against
the regulations.
20 The imposition of penalties, not exceeding
$10 000, for a contravention of, or failure to comply with, a regulation.
Schedule 3A—The Water Register
Part 1—Preliminary
In this Schedule—
"register" means The Water Register.
An application under this Schedule—
(a) must
be in a form approved by the Minister; and
(b) must
be accompanied by any relevant fee prescribed by the regulations.
3—Minister's power to require information
The Minister may, for the purposes of this Schedule, require a person to
provide any information specified by the Minister before performing or
exercising a function or power under this Schedule.
4—Form of record and management of register
(1) The Minister may
record any information under this Schedule in such manner, and to such extent,
as the Minister thinks fit.
(2) The Minister may,
in addition to recording any information required under this Schedule—
(a)
record such other information in the register as the Minister thinks fit;
(b) hold
instruments as part of the register.
(3) The Minister may
from time to time, as the Minister thinks fit, make any amendment or
alteration to the register to correct or address any error or omission, to
record more up-to-date or accurate information, or to take such other action
that may appear appropriate in the management of the register.
The Minister may authenticate—
(a) any
information on the register; or
(b) any
search of the register,
in such manner as the Minister thinks fit.
Part 2—Registration of entitlements issued under Chapter 7
6—Registration of entitlements
Note—
Paragraphs (e) and (f) had not come into operation at the date of the
publication of this version.
The Minister must ensure that the following information is recorded on the
register with respect to a Schedule 3A entitlement granted or issued
under this Act—
(a) the
name and contact details of the holder or holders of the Schedule 3A
entitlement;
(b) the
water resource to which the Schedule 3A entitlement relates, including
any zone or other relevant information as to its location;
(c) the
date on which the Schedule 3A entitlement was issued and, if relevant,
the date on which the Schedule 3A entitlement will expire under the terms
of the Schedule 3A entitlement;
(d) any
of the following in relation to the Schedule 3A entitlement (insofar as
may be relevant):
(i)
the date of any variation;
(ii)
the date of any transfer;
(iii)
the date of any surrender or cancellation;
(e) as to any
security interest that relates to a water licence or water access entitlement
that is lodged for registration under this Schedule—
(i) the date and time
of registration;
(ii) the name of the
person who has the benefit of the security interest;
(iii) the nature of
the interest (determined according to criteria adopted by the Minister);
(iv) the date and time
of any registration of any variation, transfer, surrender or cancellation of
the security interest;
(f) prescribed
information as to any caveat registered under Part 4;
(g) any
other information prescribed by the regulations.
7—Special arrangement as to transfers
(1) In this
clause—
"complying application" means an application that complies with the
requirements of this Act and the Minister for the purposes of the registration
of a transfer of a Schedule 3A entitlement;
"prescribed period" means, in relation to the transfer of a Schedule 3A
entitlement, the period commencing on the day on which the Minister grants
approval to the transfer and expiring on the day fixed or determined by or
under the regulations.
(2) A transfer of a
Schedule 3A entitlement will not have any force or effect unless—
(a) the
Minister gives effect to the transfer in accordance with a procedure
recognised by the regulations for the purposes of this paragraph; or
(b) a
complying application for the registration of the transfer is lodged with the
Minister within the prescribed period.
(3) If a transfer of a
prescribed kind is not lodged within the prescribed period that applies under subclause (2)
, the Minister's approval under Chapter 7 in
relation to the transfer will, by force of this clause, lapse and have no
further effect.
(4) This clause does
not apply to the reversion of an interest in a prescribed entitlement at the
end of a transfer made for a limited period.
Part 3—Registration of security interests
Note—
Clauses 8—13 had not come into operation at the date of the publication
of this version.
8—Creation of security interests
(1) A
security interest recognised for the purposes of this Part may only relate
to—
(a) a
water licence; or
(b) a
water access entitlement, or part of a water access entitlement.
(2) A security
interest recognised for the purposes of this Part must be created by the
execution of an instrument evidencing the existence of the security interest
over or in respect of the relevant licence or entitlement.
(3) An instrument
under subclause (2)
—
(a) must
be in a form approved by the Minister; and
(b) will
not have any force or effect for the purposes of this Act unless or until it
is registered on the register.
(4) In addition, the
Minister must not register a security interest under this clause if to do
so—
(a) is
prevented by anything already recorded on the register; or
(b) is
prevented by the regulations.
(5) When a
security interest is registered under this clause, the
security interest—
(a) has
the effect prescribed by the regulations; but
(b) does
not operate as a transfer of the licence or entitlement to which it relates.
(1) Subject to this
clause, the priority of security interests registered under this Part will be
determined according to dates and times of registration (so that a
security interest registered at an earlier time will have priority over a
security interest registered at a later time).
(2) The priority
between registered security interests may be varied by application by all
interested parties made in accordance with the regulations.
(3) Subject to this
clause, a registered security interest has priority over an unregistered
security interest.
(4) A priority
established by a preceding subclause—
(a) has
effect subject to any caveat of a prescribed kind; and
(b) has
effect despite different dates for the execution of instruments or the
provision of any consents (if relevant); and
(c) has
effect subject to any exclusions or exceptions prescribed by the regulations.
(5) This clause is
declared to be a Corporations law displacement provision for the purposes of
section 5G of the Corporations Act 2001 of the Commonwealth in
relation to the provisions of Chapters 2K and 5 of that Act.
10—Variation of registered security interests
(1) The parties to a
security interest registered under this Part may apply to vary the security
interest.
(2) If the
security interest is subject to another security interest that has been
subsequently recorded on the register, the agreement in writing to the
variation must be obtained from the holder of the subsequent security
interest.
(3) Subject to subclause (2)
, an application under subclause (1)
must be accompanied by a copy of the instrument that evidences or gives effect
to the variation.
(4) Subject to subclause (5)
, the Minister must, on receipt of an application in accordance with the
requirements of subclauses (2)
and (3), register the variation.
(5) The Minister must
not register a variation under subclause (4)
if to do so is prevented by the regulations.
(6) The instrument
furnished under subclause (3)
will be held as part of the register.
(1) A person holding a
prescribed interest with respect to a security interest registered under this
Part may apply to the Minister for a transfer of the prescribed interest to
another person.
(2) An application
under subclause (1)
must be accompanied by an instrument that evidences or gives effect to the
transfer.
(3) The Minister must,
on receipt of an application in accordance with the requirements of subclause (2)
, register the relevant transfer.
12—Discharge of registered interests
(1) The Minister will,
on application by a person holding a registered prescribed interest in a
security interest under this Part, discharge the registration of the security
interest.
(2) The Minister may
also discharge the registration of a prescribed interest in the circumstances
prescribed by the regulations.
13—Enforcement of security interests
(1) The regulations
may prescribe a scheme for the enforcement of any security interest registered
under this Part.
(2) Without limiting
the generality of subclause (1)
, a scheme prescribed under this clause may—
(a)
allow the exercise of a power of sale in prescribed circumstances;
(b)
provide for the application of purchase money obtained by the exercise of a
power of sale;
(c)
provide for the transfer, vesting or discharge of any interest in a
water licence or water access entitlement (or part of a water access
entitlement);
(d)
provide for the transfer or vesting of a water licence or water
access entitlement (or part of a water access entitlement).
Part 4—Caveats
Note—
Clause 14 had not come into operation at the date of the publication of this
version.
The regulations may prescribe a scheme for the registration, operation and
discharge of caveats for the purposes of the register.
Part 5—Miscellaneous
Note—
Clause 15 had not come into operation at the date of the publication of this
version.
(1) A person to whom
an interest in a water licence or water allocation has devolved by operation
of law may apply to the Minister to be recorded in the register as the holder
of the relevant interest.
(2) On the death of a
person recorded on the register with another person as joint owners of an
interest in a water licence or water allocation, the survivor may apply to the
Minister for a record of the transmission to the survivor to be made in the
register.
16—Recording monetary consideration
The Minister may require the monetary consideration for any transfer of a
Schedule 3A entitlement to be stated in connection with an application to
register the transfer under this Schedule.
(1) The Minister may,
in the Minister's discretion, register an instrument under this Schedule
despite any error in or omission from the instrument, or in any other
instrument or document that may be provided in connection with the instrument.
(2) The Minister may,
in the Minister's discretion, correct an error in or omission from an
instrument in connection with the administration or operation of this Act.
18—Cancellation of registration
The Minister may cancel a registration or recording in the register—
(a) in a
case involving fraud; or
(b) in
any other prescribed circumstance.
19—Address for service of notices
The regulations may establish a scheme for the recording of names and
addresses for the purposes of serving notices in connection with the operation
or administration of the register.
The regulations may confer jurisdiction on the ERD Court with respect to any
matter associated with the operation of this Schedule, or with any instrument
registered or recorded (or sought to be registered or recorded) under this
Schedule.
Schedule 4—Repeals and transitional provisions
Part 17—Repeal of
Acts
(1) The following Acts
are repealed:
(a) Animal
and Plant Control (Agricultural Protection and Other Purposes) Act 1986 ;
(b) Soil
Conservation and Land Care Act 1989 ;
(c) Water
Resources Act 1997 .
(2) Despite subclause (1)
, the Governor may, by proclamation, suspend the repeal of a specified
provision or provisions of an Act that would otherwise be repealed by force of
that subclause until a subsequent day fixed in the proclamation, or until a
day to be fixed by subsequent proclamation.
(3) The repeal of an
Act under this clause does not affect the operation of another provision of
this Schedule that provides for the continuation of any part of the Act for
the purposes of the provision.
Part 18—Transitional provisions
In this Part—
"liability" includes a contingent liability;
"prescribed body" means—
(a) a
control board established under Part 2 Division 2 of the Animal
and Plant Control (Agricultural Protection and Other Purposes) Act 1986 ;
or
(b) a
soil conservation board established under Part 3 Division 3 of the Soil
Conservation and Land Care Act 1989 ; or
(c) a
catchment water management board established under Part 6 Division 3 of the Water
Resources Act 1997 ; or
(d) a
water resources planning committee established under Part 6 Division 4 of
the Water
Resources Act 1997 ;
"related body" means a body established for a purpose related to
natural resources management (whether or not it has also been established for
other purposes) declared by the Minister by notice in the Gazette to be a
related body under this Schedule;
"relevant day" means a day appointed by proclamation as the relevant day for
the purposes of the provision in which the term is used;
"repealed Act" means an Act that falls within the ambit of Part 17 ;
"right" includes a right of action;
"statutory body" means—
(a) a
prescribed body; or
(b) any
other body that is established by or under a repealed Act.
45—Continuation of prescribed bodies
(1) Subject to this
clause, a prescribed body in existence immediately before the relevant day
will continue in existence on and after the relevant day despite the repeal of
some or all of the Act under which the prescribed body was established.
(2) Subject to this
clause, a person who is a member of a prescribed body immediately before the
relevant day will continue in office on and after the relevant day.
(3) On and after the
relevant day—
(a) a
member of a prescribed body—
(i)
will continue to be entitled to any allowances or
expenses that applied in relation to the member immediately before the
relevant day; and
(ii)
will continue in his or her office until—
(A) his or her term of office expires; or
(B) he or she dies; or
(C) he or she resigns by notice in writing
to the Minister; or
(D) he or she is removed from office by the
Minister by notice in writing to the member,
(whichever first occurs); and
(b) an
act of a prescribed body will not be invalid by reason only of a vacancy in
its membership; and
(c) the
procedures of a prescribed body will, while the prescribed body has members
holding office under subclause (2)
, be the procedures that applied immediately before the relevant day, subject
to any modifications prescribed by the regulations; and
(d)
while a prescribed body has members holding office under subclause (2)
, a quorum of the prescribed body will be determined by dividing the number of
members at the particular time by 2, ignoring any fraction, and adding 1; and
(e) if
or when a prescribed body ceases to have any members holding office under subclause (2)
, the prescribed body will continue as a corporation sole constituted by the
Chief Officer; and
(f) a
prescribed body will be able to perform or exercise any function or power that
applied in relation to the prescribed body immediately before the
relevant day, subject to any modifications or exclusions prescribed by the
regulations, and subject to the operation of subclauses (4)
and (5); and
(g) a
person employed by a prescribed body immediately before the relevant day will
continue as an employee of that prescribed body.
(4) A prescribed body
is subject to direction by any regional NRM board whose region includes some
or all of the area of the State in relation to which the prescribed body was
established.
(5) If 2 or more
regional NRM boards may give a direction to the one prescribed body under subclause (4)
, those boards must consult before any such direction is given to the
prescribed body and, if the boards cannot agree with respect to a particular
matter, then the boards must refer the matter to the Minister and the Minister
will give directions to each board in order to resolve the matter.
(6) A prescribed body
may perform or exercise a function or power delegated to the prescribed body
by a regional NRM board under this Act—
(a)
despite the fact that the function or power was not a function or power that
the prescribed body was capable of performing or exercising before the
relevant day; and
(b)
despite the fact that, in performing the function or in exercising the power,
the prescribed body may be acting outside the area in relation to which the
prescribed body was established.
(7) The Chief Officer
must ensure that proper accounts are kept of a prescribed body's financial
affairs.
(8) The accounts
required under subclause (7)
will, according to a determination of the Chief Officer, form part of the
accounts of a regional NRM board specified by the Chief Officer and those
accounts, and any related financial information, will be incorporated into the
accounts and financial statements of that board for financial reporting and
auditing purposes.
(10) The Governor may,
by proclamation, dissolve a prescribed body continued in existence under subclause (1)
or (3)(e) .
(11) However, a
prescribed body must not be dissolved unless or until the Governor is
satisfied—
(a) that
the prescribed body no longer has any employees; and
(b) that
adequate arrangements are in place to deal with any remaining assets, rights
or liabilities of the prescribed body (including by the making of a
proclamation under clause 46
or 47 ).
(1) The Governor may,
by proclamation, vest any asset, right or liability of a statutory body or of
a related body in—
(a) the
Crown; or
(b) a
Minister; or
(c) any
other agency or instrumentality of the Crown; or
(d) with
the consent of the authority or person—another authority or person,
nominated in the proclamation.
(2) If a
statutory body is dissolved by or under this Schedule and no other provision
has been made for the vesting of all (or all remaining) assets, rights or
liabilities of the statutory body, those assets, rights and liabilities will
vest in the Minister.
(3) The vesting of
assets, rights or liabilities under this clause operates by force of this
clause and despite the provisions of any other law or instrument.
(4) The
Registrar-General or another authority required or authorised under a law of
the State to register or record transactions affecting assets, rights or
liabilities, or documents relating to such transactions, must, on application
under this clause, register or record in an appropriate manner a vesting under
this clause.
(5) No fee is payable
in respect of an application under subclause (4)
.
(6) Nothing done under
this clause—
(a)
constitutes a breach of, or default under, an Act or other law; or
(b)
constitutes a breach of, or default under, a contract, agreement,
understanding or undertaking; or
(c)
constitutes a breach of a duty of confidence (whether arising by contract, in
equity or by custom or in any other way); or
(d)
constitutes a civil or criminal wrong; or
(e)
terminates an agreement or obligation or fulfils any condition that allows a
person to terminate an agreement or obligation, or gives rise to any other
right or remedy; or
(f)
releases a surety or other obligee wholly or in part from an obligation.
The Governor may, by proclamation, declare that a reference in an Act or
instrument (or an instrument of a specified class) to a specified person or
body (or to a person or body of a specified class) is to be taken to be a
reference to the Minister, or to another person or body (or to another person
or body of a specified class) specified in the proclamation.
(1) A person who was
an authorised officer under a repealed Act immediately before the relevant day
will be taken to have been appointed as an authorised officer under this Act.
(2) Subject to subclause (3)
, any condition applying under a repealed Act with respect to an authorised
officer immediately before the relevant day will apply as a condition under
this Act.
(3) The Chief Officer
may, by instrument in writing—
(a)
designate an authorised officer to which subclause (1)
applies as a State authorised officer or a regional authorised officer for the
purposes of this Act;
(b) vary
or revoke any condition that would otherwise apply to an authorised officer by
virtue of the operation of subclause (2)
, or apply new conditions.
49—Special provisions relating to employees
(1) Nothing in a
preceding clause affects the status of an employee of a prescribed body while
that person remains in that employment.
(2) Without limiting
the operation of subclause (1)
—
(a) an
employee of a prescribed body will continue to be covered by any workers
compensation or other insurance or superannuation scheme that applied
immediately before the commencement of this clause while he or she remains in
that employment (and any right or liability exercisable, acquired, arising or
accrued during that employment will not be affected by virtue of the enactment
of this Act); and
(b) the
appointment of an employee of a prescribed body as an authorised officer under
this Act will not, in itself, affect any continuity of employment under this
Schedule.
(3) In addition to subclause (2)
, if—
(a) an
employee of a
prescribed body (to be referred to as a "transferring employee" for the
purposes of this clause) leaves his or her employment with a prescribed body
and within 3 months of having done so commences employment as a member of the
staff of a regional NRM board; and
(b) the
transferring employee was, when he or she left his or her employment with the
prescribed body, a member of LGSS; and
(c) the
transferring employee, after having gained employment as a member of the staff
of the regional NRM board and before the expiration of the 3 month period
referred to in paragraph (a)
, elects, by notice in writing to his or her employing authority, to remain as
a member of LGSS,
then the transferring employee may remain as a member of LGSS by virtue of
this subclause for so long as he or she retains continuity of employment with
1 or more regional NRM boards.
(4) A
transferring employee who is eligible to make an election under subclause (3)
may remain as a member of LGSS until—
(a) he
or she makes an election under that subclause (in which case he or she may
continue as a member of LGSS even if he or she would not otherwise qualify to
remain as a member of LGSS under the provisions of that scheme); or
(b) the
expiration of the 3 month period within which the election may be made (and if
an election is not so made, then he or she will be taken to have resigned as a
member of LGSS at the expiration of that period and will become a member of
the Triple S scheme at that time).
(5) If a
transferring employee who is eligible to make an election under subclause (3)
becomes a member of the Triple S scheme on (or before) the expiration of the 3
month period that applies under that subclause—
(a) the
transferring employee is entitled to become a member of the Triple S scheme
without being required to undergo a medical examination in order to maintain
the same level of insurance cover that the transferring employee enjoyed under
LGSS; but
(b) if
the transferring employee suffers from a medical condition or other
restriction relevant to the terms or conditions of his or her membership of
LGSS, the South Australian Superannuation Board may impose similar terms or
conditions in relation to his or her membership of the Triple S scheme.
(6) An
employing authority must, immediately after receiving a notice under subclause (3)(c)
, furnish copies of the notice to—
(a) the
South Australian Superannuation Board; and
(b) the
Local Government Superannuation Board.
(7) In this
clause—
"employing authority" in relation to a transferring employee has the same
meaning as under the Southern
State Superannuation Act 1994 in relation to a member under that scheme;
"LGSS" means the Local Government Superannuation Scheme;
"Triple S scheme" means the Southern State Superannuation Scheme established
by the Southern
State Superannuation Act 1994 .
50—Initial constitution of boards
(1) The Governor may,
on the recommendation of the Minister, appoint a person as the first presiding
member of a regional NRM board before appointing any other members of the
board before the relevant provisions of Chapter 3 have
been brought into operation and without the need to follow any other process
set out in that Chapter.
(2) The Governor may,
on the recommendation of the Minister, appoint some or all of the members of
the Interim NRM Council as the first members of the NRM Council under this
Act.
(3) An appointment
under subclause (2)
—
(a) may
be made despite the fact that the constitution of the NRM Council under this
clause would be inconsistent with Chapter 3 Part 2 Division 2 ;
and
(b) may
be made without the need to follow any process set out in Chapter 3 ; and
(c) will
have effect for a term not exceeding 12 months, as specified by the Governor
at the time of appointment; and
(d) will
be made on any conditions specified by the Governor in the instrument of
appointment.
(4) The Governor may
appoint a person appointed under subclause (2)
as the presiding member of the NRM Council.
(5) In the event of a
casual vacancy in the office of a person appointed under subclause (2)
, the Governor may, on the recommendation of the Minister, appoint a person to
the vacant office for the balance of the initial term of appointment.
(6) A person holding
office under this clause is eligible for reappointment to the NRM Council at
the end of the term specified under subclause (3)(c)
.
(7) A reference in
this Act to the NRM Council will be taken to include a reference to the NRM
Council as constituted under this clause.
(8) In this
clause—
"Interim NRM Council" means the Natural Resources Management Council
established by the Minister in June 2002.
51—Constitution of Environment, Resources and Development Court
A commissioner of the ERD Court who, before the relevant day, had been
designated by the Governor under the Water
Resources Act 1997 as a person who has expertise in the use, conservation
or management of water resources will be taken to be a commissioner who has
been specifically designated by the Governor under this Act as a person who
has expertise in fields that are relevant to the jurisdiction conferred on the
Court by this Act.
52—Special provisions relating to the repeal of the " "Animal and Plant
Control (Agricultural Protection and Other Purposes) Act 1986
(1) In this
clause—
"relevant Act" means the Animal
and Plant Control (Agricultural Protection and Other Purposes) Act 1986 .
(2) Any animal held by
an authorised officer in the circumstances contemplated by section 27(7) of
the relevant Act immediately before the relevant day may be destroyed or
disposed of in such manner as the Chief Officer may approve.
(3) Any money in the
Animal and Plant Control Commission Fund or the Dingo Control Fund immediately
before the relevant day will be paid into the NRM Fund and may be
applied—
(a) for
the purposes for which it could be applied before the relevant day; or
(b) for
any purpose connected with the operation of this Act.
(4) Subject to clause 55
—
(a) any
rate declared under section 31 of the relevant Act that has not been paid
before the relevant day may be recovered by the Minister, and that section
will continue to have effect for the purposes of the recovery of the rate as
if a reference in that section to the Animal and Plant Control Commission were
a reference to the Minister (and any process or proceeding for the recovery of
such a rate that has not been completed before the relevant day may be
continued and completed by the Minister after the relevant day); and
(b) any
money in a fund established under section 35 of the relevant Act will be
transferred to a regional NRM board in accordance with a scheme established by
the Minister; and
(c) any
amount payable by a council under section 36 of the relevant Act will be
payable to a regional NRM board at the direction of the Minister and may be
recovered by the Minister if it is not paid, and that section will continue to
have effect for the purposes of the recovery of the money as if a reference in
that section to the Animal and Plant Control Commission were a reference to
the Minister.
(5) Any proclamation
in force under section 40 or 51 of the relevant Act immediately before the
relevant day will have effect as if it were a notice published by the Minister
under section 174
of this Act, and may be subsequently varied or revoked by the Minister by
notice in the Gazette under section 174(2)
(including by notice published on the day of the commencement of section 174
).
(6) The Minister may,
in connection with the operation of subclause (5)
, assign any relevant animal or plant to a category referred to in section 174
of this Act.
(7) Any permit in
force under section 45 or 55 of the relevant Act immediately before the
relevant day will continue to have force and effect as if it were a permit
issued under section 188
of this Act (and section 188
will then apply in relation to the permit).
(8) Any notice or
requirement issued or imposed under the relevant Act before the relevant day
may be enforced and will have effect as if this Act had not been enacted.
(9) Subclause (8)
—
(a)
operates subject to any provision, modification or exclusion prescribed by the
regulations; and
(b)
except as so prescribed, does not derogate from the operation of section 16 of
the Acts
Interpretation Act 1915 .
53—Special provisions relating to the repeal of the " " Soil
Conservation and Land Care Act 1989
(1) In this
clause—
"relevant Act" means the Soil
Conservation and Land Care Act 1989 .
(2) Any money in the
Soil Conservation and Land Care Fund immediately before the relevant day will
be paid into the NRM Fund and may be applied—
(a) for
the purposes for which it could be applied before the relevant day; or
(b) for
any purpose connected with the operation of this Act.
(3) Any function,
power or duty to be performed, exercised or discharged under the relevant Act
will, on or after the relevant day, be performed, exercised or discharged by
the Chief Officer.
(4) An approved
district plan under section 36 of the relevant Act will, insofar as it applies
with respect to a particular NRM region, be taken to form part of the regional
NRM plan of the relevant NRM board until the board prepares a
regional NRM plan under Chapter 4 Part 2 .
(5) A
regional NRM board may initiate any procedure under this Act to amend any part
of its plan that has been incorporated under subclause (4)
.
(6) In addition, the
Minister may, by notice in the Gazette, modify one or more district
plans—
(a) to
address a situation where the boundaries of a district under the relevant Act
do not correspond with the boundaries of an NRM region under this Act; or
(b) to
address any other situation that is, in the opinion of the Minister, relevant
to the transition to regional NRM boards and NRM regions under this Act.
(7) Except as
otherwise provided by this Schedule, an application, appeal or other
proceeding commenced before the Soil Conservation Appeal Tribunal (the
"Tribunal"), but which has not been finally determined at the relevant day,
and all interlocutory or other associated proceedings, may be proceeded with
and completed as if this Act had not been enacted.
(8) A right of appeal
to the Tribunal in existence before the relevant day or exercisable after the
relevant day with respect to a matter arising before the relevant day (and not
within the ambit of subclause (7)
) may be exercised as if this Act had not been enacted, except that a
reference to the Tribunal will be taken as a reference to the ERD Court.
(9) Any notice or
requirement issued or imposed under the relevant Act before the relevant day
may be enforced and will have effect as if this Act had not been enacted.
(10) Subclause (9)
—
(a)
operates subject to any provision, modification or exclusion prescribed by the
regulations; and
(b)
except as so prescribed, does not derogate from the operation of section 16 of
the Acts
Interpretation Act 1915 .
54—Special provisions relating to the repeal of the " " Water Resources
Act 1997
(1) In this
clause—
"relevant Act" means the Water
Resources Act 1997 .
(2) Any regulation in
force under section 8 of the relevant Act immediately before the relevant day
(including such a regulation in force by virtue of the operation of Schedule 3
of that Act) will continue in force and effect as if it were a regulation made
under section 125
of this Act.
(3) Any authorisation
in force under section 11 of the relevant Act immediately before the
relevant day (including such an authorisation in force by virtue of the
operation of Schedule 3 of that Act) will continue to have force and effect as
if it were an authorisation of the Minister under section 128
of this Act.
(4) Any notice in
force under section 16 of the relevant Act immediately before the relevant day
will continue to have force and effect as if it were a notice under section 132
of this Act.
(5) Any entitlement
that exists under section 36 of the relevant Act will continue to have effect
as if it were an entitlement under section 155
of this Act.
(6) A licence or
permit granted under Part 4 or 5 of the relevant Act in force immediately
before the relevant day (including such a licence or permit in force by virtue
of Schedule 3 of that Act) will continue to have force and effect as if it
were a corresponding licence or permit (as the case requires) under this Act
(and any application or process made or commenced under the relevant Act
before the relevant day and not finally determined by that day, or any action
or proceeding brought or capable of being brought, in relation to such a
licence or permit, may be dealt with or completed, or brought, under this
Act).
(7) The State Water
Plan will continue in force and effect and will be taken to be the
State NRM Plan until the NRM Council prepares the State NRM Plan required
under Chapter 4
Part 1 .
(8) A catchment water
management plan (including a plan that has effect under section 98 of the
relevant Act) will, insofar as it applies in relation to water resources
within an NRM region and is in operation immediately before the relevant day,
be taken to be the regional NRM plan of the relevant regional NRM board until
the board prepares a regional NRM plan under Chapter 4 Part 2
.
(9) A water
allocation plan will, insofar as it applies in relation to water resources
within an NRM region and is in operation immediately before the relevant day,
be taken to be a water allocation plan of the relevant regional NRM board
applying to those water resources under this Act until the board prepares a
corresponding water allocation plan under Chapter 4 Part 2
.
(10) A
regional NRM board may, in connection with the operation of subclause (8)
or (9), adopt or continue with any procedure or process commenced under the
relevant Act before the relevant day in relation to the preparation, review or
amendment of a plan (and any such procedure or process may be continued by the
board as if it were a catchment water management board or a water resources
planning committee but otherwise as if this Act had not been enacted but once
that procedure or process is completed then it will have effect for the
purposes of this Act), or initiate any procedure of its own under this Act to
amend a plan.
(11) A reference in a
catchment water management plan or a water allocation plan to a catchment
water management board will be taken to include a reference to a
regional NRM board whose region incorporates some or all of the relevant
catchment area.
(12) Any specification
or provision in a catchment water management plan that has effect for the
purposes of a provision of the relevant Act will, unless otherwise determined
by the Minister by notice in the Gazette, continue to have effect for the
purposes of the corresponding provision under this Act.
(13) In addition, the
Minister may, by notice in the Gazette, modify one or more catchment water
management plans or water allocation plans—
(a) to
address a situation where the boundaries of a catchment area under the
relevant Act does not correspond with the boundaries of an NRM region under
this Act; or
(b) to
address any other situation that is, in the opinion of the Minister—
(i)
relevant to the transition to regional NRM boards and
NRM regions under this Act; or
(ii)
relevant to the fact that catchment water management
plans and water allocation plans under the relevant Act are to have effect as
regional NRM plans and water allocation plans under this Act.
(14) Subject to clause 55 ,
any levy declared under Part 8 Division 1 of the relevant Act remains due and
payable, and may be collected, as if this Act had not been enacted, except
that a reference in that Division to the Minister will be taken to be a
reference to the Minister to whom the administration of this Act is committed
and a reference to the Water Resources Levy Fund will be taken to be reference
to the NRM Fund (and any process or proceeding for the recovery of such a levy
that has not been completed before the relevant day may be continued and
completed by the Minister to whom the administration of this Act is committed
after the relevant day).
(15) A penalty
declared under section 132 of the relevant Act and in effect immediately
before the relevant day will continue to have effect.
(16) Subsection (2c)
of section 132 of the relevant Act will continue to have effect in all
respects as if this Act had not been enacted.
(17) Subject to clause 55 ,
any amount payable by a council under Part 8 Division 2 of the relevant Act
will, after the relevant day, be payable under a scheme established by the
Minister for the purposes of this provision (and such a scheme may provide
that an amount be paid to a regional NRM board rather than a catchment water
management board).
(18) A council may, in
respect of any amount payable under the relevant Act or the scheme referred to
in subclause (17)
, impose or collect a levy under section 138 of the relevant Act (which will
continue to have effect for that purpose).
(19) Any money in the
Water Resources Levy Fund immediately before the relevant day will be paid
into the NRM Fund and may be applied—
(a) the
purposes for which it could be applied before the relevant day; or
(b) for
any purpose connected with the operation of this Act.
55—Special provisions relating to levies
(1) The following
provisions apply in connection with the operation of Chapter 5 :
(a) the
scheme established by sections 30 and 31 of the Animal
and Plant Control (Agricultural Protection and Other Purposes) Act 1986
(and, accordingly, the operation of those sections) will continue in relation
to the 2004/2005 and 2005/2006 financial years with the following
modifications:
(i)
a reference to the fund under section 30 will be taken to
be a reference to the NRM Fund;
(ii)
a reference to the Animal and Plant Control Commission in
either section will be taken to be a reference to the Minister,
and the business plan of a regional NRM board for the 2005/2006 financial year
should contain an estimate of any expenditure to be incurred by the board with
respect to the control of dingoes for that financial year;
(b) the
scheme established by sections 36 and 37 of the Animal
and Plant Control (Agricultural Protection and Other Purposes) Act 1986
(and, accordingly, the operation of those sections) will continue until 30
June 2006 with the following modifications and the application of the
following provisions:
(A) if the Animal and Plant Control
Commission has made a determination under section 36(2) in respect of 2005
before the commencement of this clause—any amount to be contributed by a
council must be paid to a regional NRM board in accordance with any direction
of the Minister;
(B) if the Animal and Plant Control
Commission has not made a determination in respect of 2005 before the
commencement of this clause—an amount determined by the Minister (in
accordance with those sections) with respect to a particular council will be
payable by the council and must be paid to a regional NRM board in accordance
with any direction of the Minister;
(ii)
with respect to the 6 month period ending on 30 June
2006—an amount determined by the Minister with respect to a particular
council will be payable by the council and must be paid to a
regional NRM board in accordance with any direction of the Minister;
(iii)
a determination of the amount to be paid by a
constituent council may be made without the lodging of a written estimate of
expenditure for the ensuing year but the business plan of a regional NRM board
for the 2005/2006 financial year should contain an estimate of any expenditure
to be incurred by the board with respect to the performance of functions under
Chapter 8
during the ensuing financial year;
(iv)
a reference to the Animal and Plant Control Commission in
either section will be taken to be a reference to the Minister;
(v)
a reference to a control board in either section will be
taken to be a reference to a regional NRM board;
(vi)
the Minister is not required to pay the second instalment
under section 37(2) in respect of 2006;
(c) the
scheme established by Part 8 of the Water
Resources Act 1997 (and accordingly the operation of the Part) will
continue in relation to the 2004/2005 financial year with the following
modifications:
(i)
a reference to the Minister will be taken to be a
reference to the Minister to whom the administration of this Act is committed;
(ii)
a reference to the Water Resources Levy Fund will be
taken to be a reference to the NRM Fund;
(iii)
a reference to a catchment water management board will be
taken to be a reference to a regional NRM board;
and sections 92
to 96, and 100 to 108 , of this
Act will not apply with respect to the 2004/2005 financial year;
(d) with
respect to the 2005/2006 financial year, a person—
(i)
who has paid or is liable to pay a levy under Chapter 5 Part 1
Division 2 in relation to water that is intended to be used, or is used, for
irrigating land or in the course of carrying on a business on land in respect
of that financial year; or
(ii)
who has paid or is liable to pay a water supply charge
under the Irrigation
Act 1994 in respect of that financial year to the Minister administering
that Act or to a trust under that Act in circumstances where the Minister or
trust has paid or is liable to pay is respect of the year a levy under
Chapter 5 Part 1 Division 2 in relation to water supplied to that person for
irrigating land,
is not liable to pay a levy under Chapter 5 Part 1
Division 1 for that financial year.
(2) The amount payable
by a council pursuant to a determination of the Minister under subclause (1)(b)(ii)
must not exceed 50 per cent of the amount payable by the council with respect
to 2005, plus an amount that takes into account increases (if any) in the CPI
during the 6 months ending on 31 March 2005.
(3) The Minister may
only make a determination under subclause (1)(b)(i)(B)
or (ii) on the recommendation of the NRM Council.
(4) In order to take
into account the exemptions under subclause (1)(d)
across constituent councils when determining the contributions that should be
made with respect to the 2005/2006 financial year under section 92
, the Minister will, in relation to that financial year, increase any base
contribution amount under that section by the Minister's estimate of the
amount by which the share of the constituent councils will be reduced on
account of those exemptions.
(5) A council's share
of the amount to be contributed by constituent councils determined under section 92
with respect to the 2005/2006 financial year is reduced by an amount
equivalent to the amount by which the return to the council by the imposition
of a regional NRM levy is reduced because of the exemption under subclause (1)(d)
.
(1) The Governor may,
by regulation, make additional provisions of a saving or transitional nature
consequent on the amendment of this Act by another Act.
(2) A provision of a
regulation made under subclause (1)
may, if the regulation so provides, take effect from the commencement of the
relevant Act or from a later day.
(3) To the extent to
which a provision takes effect under subclause (2)
from a day earlier than the day of the regulation's publication in the
Gazette, the provision does not operate to the disadvantage of a person
by—
(a)
decreasing the person's rights; or
(b)
imposing liabilities on the person.
(4) The Acts
Interpretation Act 1915 will, except to the extent of any inconsistency
with the provisions of this Schedule or Schedule 1 of the Natural
Resources Management (Water Resources and Other Matters) Amendment
Act 2007 , or regulations made under this Schedule, apply to any
amendment or repeal effected by a relevant Act.
57—Governor may extend term of office etc
(1) Despite any other
provision of this Act, the Governor may, by notice in the Gazette, extend the
term of office of a member of the NRM Council, or of a regional NRM board,
appointed prior to the commencement of this clause (but not so the total term
of office of the member exceeds 3 years).
(2) The Governor may,
in the same notice, make provision for the continuation of fees, allowances
and expenses to be paid to the member for the period of the extension.
(3) If the Governor
extends the term of office of a member under this clause, the term of office
specified in the instrument of appointment of the member will be taken to be,
and to always have been, the term as so extended.