South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 132

132—Restrictions in case of inadequate supply or overuse of water

        (1)         If, in the opinion of the Minister—

            (a)         the rate at which water is taken from a watercourse, lake or well (whether prescribed or not)—

                  (i)         is such that the quantity of water available can no longer meet the demand or there is a risk that the available water will not be sufficient to meet future demand; or

                  (ii)         is affecting, or is likely to affect, the quality of the water in the watercourse, lake or underground aquifer; or

                  (iii)         in the case of water taken from a watercourse or lake—is having a serious effect on another watercourse or lake, or the level of water in an underground aquifer, that depends on water from the watercourse or lake for replenishment; or

            (b)         the rate at which water is taken from a well (whether prescribed or not) is such that the underground aquifer is likely to collapse or suffer any other damage; or

            (c)         the rate at which surface water is taken (whether from a surface water prescribed area or not)—

                  (i)         is such that the surface water available can no longer meet the demand; or

                  (ii)         is having a serious effect on a watercourse or lake, or the level of water in an underground aquifer, that depends on the surface water for replenishment,

the Minister may, by notice published in the Gazette and in a newspaper circulating in that part of the State in which the watercourse, lake or well or the surface water is situated—

            (d)         prohibit or restrict the taking of water from the watercourse, lake or well or the taking of surface water; or

            (e)         limit the quantity of water that may be taken from the watercourse, lake or well, or from any surface water; or

            (f)         direct that dams, reservoirs, embankments, walls or other structures be modified to allow water to pass over, under or through them.

        (2)         When determining the demands on available water under subsection (1) , the need for water of the ecosystems that depend on water from the water resource concerned must be taken into account.

        (3)         A notice under subsection (1) has effect—

            (a)         at the expiration of 7 days from publication of the notice in the Gazette and in the newspaper;

            (b)         in relation to a person on whom a copy of the notice published in the Gazette and newspaper has been served personally or by post—at the time of service or the time specified in paragraph (a) whichever is the earlier.

        (4)         A notice under subsection (1) remains in force for such period (not exceeding 2 years) as is stated in the notice unless it is revoked under subsection (9) .

        (5)         If, in the opinion of the Minister, the rate at which, or the manner in which, water is taken from a water resource that has not been prescribed is causing, or is likely to cause, damage to ecosystems that depend on water from the water resource, the Minister may, by notice served on a person taking the water—

            (a)         restrict the rate and the times at which he or she may take water; or

            (b)         direct him or her to take such action as is specified in the notice to rectify any problem relating to the manner in which water is taken.

        (6)         A notice under subsection (1) or (5) —

            (a)         may require the removal of the means by which water can be taken from the watercourse, lake or well or the means by which surface water can be taken; or

            (b)         may specify conditions subject to which water may be taken from the watercourse, lake or well or surface water may be taken.

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

Maximum penalty:

            (a)         where the offender is a body corporate—$50 000;

            (b)         where the offender is a natural person—$25 000.

Expiation fee: $315.

        (8)         If the owner or occupier of land fails to comply with a requirement of a notice under subsection (6)(a) , the Chief Officer may enter the land and take the action specified in the notice and such other action as the Chief Officer considers appropriate in the circumstances and the Chief Officer's costs will be a debt due by the owner or occupier to the Crown.

        (9)         If a notice has been published under subsection (1) , the Minister may vary or revoke the notice by notice published in the Gazette and in a newspaper circulating in that part of the State in which the water resource is situated.

        (10)         If the Minister has served notice on a person under subsection (5) , the Minister may vary or revoke the notice by subsequent notice served on that person.