South Australian Current Acts

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NATURAL RESOURCES MANAGEMENT ACT 2004


TABLE OF PROVISIONS

           Long Title

           Chapter 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Interaction with other Acts
   5.      Territorial and extra-territorial operation of Act
   6.      Act binds Crown

           Chapter 2--Objects of Act and general statutory duties

   PART 1--Objects

   7.      Objects
   8.      Administration of Act to achieve objects

   PART 2--General statutory duties

   9.      General statutory duties

           Chapter 3--Administration

   PART 1--The Minister

   10.     Functions of Minister
   11.     Powers of delegation

   PART 3--NRM regions and boards

           Division 1--Establishment of regions

   22.     Establishment of regions

           Division 2--Establishment of regional NRM boards

   23.     Establishment of boards
   24.     Corporate nature

           Division 3--Membership

   25.     Composition of boards
   26.     Conditions of membership
   27.     Allowances and expenses
   28.     Validity of acts
   28A.    Conflict of interest under Public Sector (Honesty and Accountability) Act

           Division 4--Functions of boards

   29.     Functions of boards

           Division 5--Powers of boards

   30.     General powers
   31.     Special powers to carry out works
   32.     Entry and occupation of land
   33.     Special vesting of infrastructure

           Division 6--Staff

   34.     Staff

           Division 7--Committees and delegations

   35.     Committees
   36.     Power of delegation

           Division 8--Accounts, audit and reports

   37.     Accounts and audit
   38.     Annual reports
   39.     Specific reports

           Division 10--Related matters

   41.     Use of facilities
   42.     Board's power to provide financial assistance etc
   43.     Assignment of responsibility for infrastructure to another person or body
   44.     Appointment of body to act as a board

   PART 4--NRM groups

           Division 1--Establishment of areas

   45.     Establishment of areas

           Division 2--Establishment of NRM groups

   46.     Establishment of groups
   47.     Corporate nature and responsibility at regional level

           Division 3--Membership

   48.     Composition of NRM groups
   49.     Conditions of membership
   50.     Allowances and expenses
   51.     Validity of acts
   51A.    Conflict of interest under Public Sector (Honesty and Accountability) Act

           Division 4--Functions of NRM groups

   52.     Functions of groups

           Division 5--Powers of NRM groups

   53.     General powers

           Division 6--Committees and delegations

   54.     Committees
   55.     Power of delegation

           Division 7--Accounts, audit and reports

   56.     Accounts
   58.     Specific reports

           Division 8--Related matters

   59.     Staff
   60.     Use of facilities
   61.     Appointment of body to act as group
   62.     Regional NRM board may act as an NRM group

   PART 5--The Chief Officer

   63.     Chief Officer
   64.     Functions of Chief Officer
   65.     Power of delegation

   PART 6--Authorised officers

   66.     State authorised officers
   67.     Regional authorised officers
   68.     Identity cards
   69.     Powers of authorised officers
   70.     Provisions relating to seizure
   71.     Hindering etc persons engaged in the administration of this Act
   73.     Offences by authorised officers

           Chapter 4--NRM plans

   PART 1--State NRM Plan

   74.     State NRM Plan

   PART 2--Regional plans

           Division 1--Regional NRM plans

   75.     Regional NRM plans

           Division 2--Water allocation plans

   76.     Preparation of water allocation plans

           Division 3--Preparation and maintenance of plans

   77.     Application of Division
   79.     Preparation of plans and consultation
   80.     Submission of plan to Minister
   81.     Review and amendment of plans
   82.     Time for implementation of plans
   83.     Availability of copies of plans etc
   84.     Time for preparation and review of plans

           Division 4--Related matters

   85.     Application of Division
   86.     Validity of plans
   87.     Promotion of River Murray legislation and IGA
   88.     Associated Ministerial consents
   89.     Amendment of plans without formal procedures
   90.     Plans may confer discretionary powers
   91.     Effect of declaration of invalidity

           Chapter 5--Financial provisions

   PART 1--NRM levies

           Division 1--Levies in respect of land

   92.     Contributions by constituent councils
   93.     Payment of contributions by councils
   94.     Funds may be expended in subsequent years
   95.     Imposition of levy by councils
   96.     Costs of councils
   97.     Outside council areas
   98.     Contributions towards work of NRM groups
   99.     Application of levy

           Division 2--Levies in respect of water

   100.    Interpretation
   101.    Declaration of levies
   103.    Special purpose water levy
   104.    Liability for levy
   105.    Notice of liability for levy
   106.    Determination of quantity of water taken
   107.    Cancellation etc of entitlement for non-payment of levy
   108.    Costs associated with collection

           Division 3--Special provisions

   109.    Application of Division
   110.    Interest
   111.    Discounting levies
   112.    Recovery rights with respect to unpaid levy
   113.    Sale of land for non-payment of a levy

           Division 4--Related matters

   114.    Refund of levies
   115.    Declaration of penalty in relation to unauthorised or unlawful taking of water
   116.    Appropriation of levies, penalties and interest

   PART 2--Statutory funds

           Division 1--The Natural Resources Management Fund

   117.    The Natural Resources Management Fund
   118.    Accounts
   119.    Audit

           Division 2--Regional NRM board funds

   120.    Regional NRM board funds

           Chapter 6--Management and protection of land

   121.    Interpretation
   122.    Special provisions relating to land
   123.    Requirement to implement action plan

           Chapter 7--Management and protection of water resources

   PART 1--General rights in relation to water

   124.    Right to take water subject to certain requirements
   125.    Declaration of prescribed water resources

   PART 2--Control of activities affecting water

           Division 1--Determination of relevant authority

   126.    Determination of relevant authority

           Division 2--Control of activities

   127.    Water affecting activities
   128.    Certain uses of water authorised
   129.    Activities not requiring a permit
   130.    Notice to rectify unauthorised activity
   131.    Notice to maintain watercourse or lake
   132.    Restrictions in case of inadequate supply or overuse of water
   133.    Specific duty with respect to damage to a watercourse or lake
   134.    Minister may direct removal of dam etc

           Division 3--Permits

   135.    Permits
   136.    Requirement for notice of certain applications
   137.    Refusal of permit to drill well
   138.    Availability of copies of permits etc

           Division 4--Provisions relating to wells

   139.    Well drillers' licences
   141.    Renewal of licence
   142.    Non-application of certain provisions
   143.    Defences
   144.    Obligation to maintain well
   145.    Requirement for remedial or other work

   PART 3--Licensing and associated rights and entitlements

           Division 1--Water licences

   146.    Nature of water licences
   147.    Water licences--applications and matters to be considered
   148.    Issuing of water licences
   149.    Variation of water licences
   150.    Transfer of water licences
   151.    Surrender of water licences

           Division 2--Allocation of water

   152.    Allocation of water
   153.    Issuing of water allocation
   154.    Water allocations--matters to be considered
   155.    Reduction of water allocation
   156.    Variation of water allocations
   157.    Transfer of water allocations
   158.    Surrender of water allocations

           Division 3--Water resource works approvals

   159.    Water resource works approvals--applications and matters to be considered
   160.    Issuing of approvals
   161.    Variation of approvals
   162.    Notice provisions
   163.    Cancellation if works not constructed or used
   164.    Nature of approval

           Division 4--Site use approval

   164A.   Site use approvals--applications and matters to be considered
   164B.   Issuing of approvals
   164C.   Variation of approvals
   164D.   Notice provisions
   164E.   Cancellation
   164F.   Nature of approval

           Division 5--Delivery capacity entitlements

   164G.   Delivery capacity entitlements--applications and matters to be considered
   164H.   Issuing of delivery capacity entitlements
   164I.   Delivery capacity entitlements to relate to point of extraction
   164J.   Variation of delivery capacity entitlements
   164K.   Transfer of delivery capacity entitlements
   164L.   Surrender of delivery capacity entitlements

           Division 6--Interstate agreements

   164M.   Interstate agreements

           Division 7--Related matters

   164N.   Allocation on declaration of prescribed water resource
   164O.   Schemes to promote the transfer or surrender of certain entitlements
   164P.   Consequences of breach of water management authorisations
   164Q.   Effect of cancellation of water management authorisations
   164R.   Law governing decisions under this Part

   PART 4--Reservation of excess water by Minister

   165.    Interpretation
   166.    Reservation of excess water in a water resource
   167.    Allocation of reserved water
   168.    Public notice of allocation of reserved water

   PART 5--Water conservation measures

   169.    Water conservation measures

   PART 5A--Commercial forestry

           Division 1--Preliminary

   169A.   Interpretation
   169B.   Declaration of forestry areas

           Division 2--Licences

   169C.   Forest water licences
   169D.   Allocation of water
   169E.   Variations--allocations
   169F.   Transfer of allocations
   169G.   Conditions
   169H.   Variations--conditions
   169I.   Establishment of licence on declaration of areas
   169J.   Surrender of licences
   169K.   Cancellation of licences

           Division 4--Related matters

   169L.   Offences
   169M.   Law governing decisions under this Part

   PART 5B--Interaction with Irrigation Acts

   169N.   Interaction with Irrigation Act 2009
   169O.   Interaction with Renmark Irrigation Trust Act 2009

   PART 6--Related matters

   170.    Effect of water use on ecosystems
   171.    By-laws
   172.    Representations by SA Water
   173.    Water recovery and other rights subject to board's functions and powers
   173A.   Water management authorisation is not personal property for the purposes of Commonwealth Act

           Chapter 8--Control of animals and plants

   PART 1--Preliminary

   174.    Preliminary

   PART 2--Control provisions

           Division 1--Specific controls

   175.    Movement of animals or plants
   176.    Possession of animals or plants
   177.    Sale of animals or plants, or produce or goods carrying animals or plants
   178.    Sale of contaminated items
   179.    Offence to release animals or plants
   180.    Notification of presence of animals or plants
   181.    Requirement to control certain animals or plants
   182.    Owner of land to take action to destroy or control animals or plants
   183.    Requirement to implement action plan
   184.    Native animals
   185.    NRM authorities may recover certain costs from owners of land adjoining road reserves
   186.    Destruction or control of animals outside the dog fence by poison and traps
   187.    Ability of Minister to control or quarantine any animal or plant

           Division 2--Permits

   188.    Permits

           Division 3--Related matters

   189.    Animal-proof fences
   190.    Offence to damage certain fences
   191.    Offence to leave gates open
   192.    Protection of certain vegetation and habitats

           Chapter 9--Civil remedies

   PART 1--Orders issued by NRM authorities

           Division 1--Orders

   193.    Protection orders
   194.    Action on non-compliance with a protection order
   195.    Reparation orders
   196.    Action on non-compliance with a reparation order
   197.    Reparation authorisations
   198.    Related matter

           Division 2--Registration of orders and effect of charges

   199.    Registration
   200.    Effect of charge

   PART 2--Orders made by ERD Court

   201.    Orders made by ERD Court

           Chapter 10--Appeals

   202.    Right of appeal
   203.    Operation and implementation of decisions or orders subject to appeal
   204.    Powers of Court on determination of appeals

           Chapter 11--Management agreements

   205.    Management agreements

           Chapter 12--Miscellaneous

   PART 1--Avoidance of duplication of procedures etc

   206.    Avoidance of duplication of procedures etc

   PART 2--Other matters

   207.    Native title
   208.    Service of notices or other documents
   209.    Money due to Minister
   210.    Compulsory acquisition of land
   211.    Compensation
   212.    Immunity from liability
   213.    Vicarious liability
   214.    False or misleading information
   215.    Interference with works or other property
   216.    Criminal jurisdiction of Court
   217.    Proceedings for offences
   218.    General defence
   219.    Offences by bodies corporate
   220.    Additional orders on conviction
   221.    Continuing offence
   222.    Constitution of Environment, Resources and Development Court
   223.    Evidentiary
   224.    Determination of costs and expenses
   225.    Minister may apply assumptions and other information
   226.    NRM Register
   227.    Confidentiality
   229.    Damage caused by non-compliance with a notice etc
   230.    Recovery of technical costs associated with contraventions
   231.    Incorporation of codes and standards
   232.    Exemption from Act
   233.    Regulations
           SCHEDULE 1--Provisions relating to regional NRM boards and NRM groups
           SCHEDULE 2--Classes of wells in relation to which a permit is not required
           SCHEDULE 3--Regulations
           SCHEDULE 3A--The Water Register
           SCHEDULE 4--Repeals and transitional provisions
           Legislative history


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