South Australian Consolidated Regulations

WATER RESOURCES (FAR NORTH PRESCRIBED WELLS AREA) REGULATIONS 2003 - PREAMBLE

Preamble

1 The Roxby Downs (Indenture Ratification) Act 1982 (the "Indenture Ratification Act"), among other things—

(a) ratifies and approves the Indenture, as varied, amended or replaced from time to time (the "Indenture"); and

(b) provides that the law of the State is to be construed subject to the provisions of the Indenture and, in the case of any inconsistency between the provision of a State Act or law and the Indenture, the provisions of the Indenture will prevail.

2 The Indenture sets out various matters relevant to water requirements for projects undertaken by the Joint Venturers (within the meaning of the Indenture Ratification Act).

3 In particular, clause 13 of the Indenture includes provisions—

(a) for the granting to the Joint Venturers of Special Water Licences to draw water from designated areas; and

(b) for every well in a designated area, not already proclaimed under the Water Resources Act 1976 (the 1976 Act ) or the Water Resources Act 1990 (the 1990 Act ), to be declared a proclaimed well under the 1990 Act.

4 In accordance with the Indenture—

(a) a Special Water Licence was granted to the Joint Venturers in respect of a designated area and the designated area was declared by proclamation under section 41 of the 1976 Act to be the Curdimurka Proclaimed Region ( Gazette 24.1.1985 p161 ); and

(b) a Special Water Licence was granted to the Joint Venturers in respect of another designated area and that designated area was declared by proclamation under section 33 of the 1990 Act to be the Muloorina Proclaimed Wells Area ( Gazette 25.1.1996 p807 ).

5 It is now appropriate to make a regulation under section 8 of the Water Resources Act 1997 (the "current Act") declaring a number of other wells situated in the part of the State that encompasses the Curdimurka Proclaimed Region and Muloorina Proclaimed Wells Area to be proclaimed wells.

7 The regulations to be made under the current Act will make the declarations of the Curdimurka Proclaimed Region and the Muloorina Proclaimed Wells Area otiose but will have no effect on the operation of the Special Water Licences referred to above or on any Special Water Licence granted to the Joint Venturers under the Indenture after the commencement of the regulations.