South Australian Consolidated Regulations

WATER RESOURCES (BAROSSA PRESCRIBED WATER RESOURCES AREA) REGULATIONS 2005 - PREAMBLE

Preamble

1 A proclamation was made pursuant to section 33(1) and (2) of the Water Resources Act 1990 (the 1990 Act ) (see Gazette 14.5.1992 p1389 ) in respect of an area of the State delineated and shown on GRO Plan No 327/1992 (the "Barossa area") declaring—

(a) the North Para River, and its tributaries, within the Barossa area to be proclaimed watercourses; and

(b) all wells situated within the Barossa area to be proclaimed wells; and

(c) all wells drilled in the Barossa area after the making of the proclamation to be proclaimed wells.

2 The proclamation referred to in clause 1 came into operation on 1 July 1992.

3 Regulations were made pursuant to section 8 of the Water Resources Act 1997 (the "current Act") (see the Water Resources (Surface Water Prescribed Area—Barossa) Regulations 1998 , Gazette 17.12.1998 p1994 ) declaring the Barossa area to be a surface water prescribed area.

4 Schedule 3, clause 2 of the current Act provides that—

(a) a proclamation under section 33(1) or (2) of the 1990 Act in force immediately before the commencement of the current Act continues in force as though it were a regulation under section 8(1) of the current Act; and

(b) a proclamation referred to in paragraph (a)—

(i) may be varied or revoked by regulation as though it were a regulation under section 8(1) of the current Act; and

(ii) in the case of a proclamation declaring a well, will, unless varied by regulation, be taken to exclude the operation of section 7(5).

5 It is now appropriate to make regulations that will have the effect—

(a) of continuing the declaration of proclaimed watercourses and proclaimed wells in the Barossa area (and making provision for future wells in that area) (under the current Act to be designated as prescribed watercourses and prescribed wells);

(b) of declaring prescribed watercourses in an additional area;

(c) of declaring an additional surface water prescribed area (and the establishment and prescribed periods for that additional area);

(d) of adding the additional area to the current Barossa area and naming the whole of the area as the Barossa Prescribed Water Resources Area (in keeping with practices under the current Act);

(e) by not excluding the operation of section 7(5) of the current Act to the Barossa Prescribed Water Resources Area—of allowing occupiers of land situated in that area to take water to use for domestic purposes or watering stock (other than stock subject to intensive farming).