South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 125

125—Declaration of prescribed water resources

        (1)         The Governor may, by regulation made on the recommendation of the Minister, declare that a watercourse, lake or well is a prescribed watercourse, lake or well.

        (2)         The Governor may, by regulation made on the recommendation of the Minister, declare that part of the State is a surface water prescribed area.

        (3)         The Governor may, by subsequent regulation made on the recommendation of the Minister, vary or revoke a regulation under subsection (1) or (2) .

        (4)         A regulation under subsection (1) or (3) may refer to watercourses, lakes or wells individually or by reference to the part of the State in which they are situated or by any other classification.

        (4a)         A regulation under subsection (2) or (3) may operate (wholly or in part) by reference to particular stormwater infrastructure (or a part of stormwater infrastructure).

        (5)         Before making a recommendation to the Governor, the Minister must—

            (a)         cause to be published in the Gazette, in a newspaper circulating generally throughout the State and in a local newspaper a notice outlining the proposed recommendation, stating the reasons for it and inviting interested persons to make written submissions to the Minister in relation to the proposal within a period (being at least 3 months) specified in the notice; and

            (b)         serve a copy of the notice on all councils in the area that will be affected by the proposed regulation; and

            (c)         have regard to all submissions made in accordance with the notice.

        (5a)         The Minister may, in a notice under subsection (5) , include an outline of proposals to introduce controls on the hydrological impacts of commercial forests, or specified classes of commercial forests, on the water resource under Part 5A .

        (6)         The Minister must not make a recommendation under subsection (1) or (2) for a regulation declaring a water resource to be a prescribed water resource unless satisfied that the proposed regulation is necessary or desirable for the proper management of the water resource to which it will apply.

        (7)         After a regulation is made the Minister must cause to be published in a newspaper circulating generally throughout the State and in a local newspaper a notice stating the date on which the regulation was made and explaining its effect.

        (8)         In this section—

"local newspaper" means a newspaper circulating in the part of the State in which the water resource to which the regulation applies or will apply is situated.