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
PART 2--General statutory duties
- 9 General statutory duties Chapter 3--Administration
PART 1--The Minister
PART 3--NRM regions and boards
Division 1--Establishment of regions
Division 2--Establishment of regional NRM boards
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
Division 8--Accounts, audit and 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
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
Division 7--Accounts, audit and 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
PART 2--Regional plans
Division 1--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
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
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 185NRM 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
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 226NRM 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
- 1 Interpretation 2. Procedure at meetings
- 3 Meetings to be held in public subject to certain exceptions
- 4 Agenda and minutes of meeting to be provided to Minister etc Schedule 2--Classes of wells in relation to which a permit is not required Schedule 3--Regulations Schedule 3A--The Water Register
PART 1--Preliminary
- 1 Interpretation 2. Applications
- 3 Minister's power to require information
- 4 Form of record and management of register
- 5 Authentication of searches Chapter 7
- 6 Registration of entitlements
- 7 Special arrangement as to transfers
PART 3--Registration of security interests
- 8 Creation of security interests
- 9 Priority of interests
- 10 Variation of registered security interests
- 11 Transfers 12. Discharge of registered interests 13. Enforcement of security interests
PART 4--Caveats
14. CaveatsPART 5--Miscellaneous
15. Devolution 16. Recording monetary consideration 17. Correction of instruments 18. Cancellation of registration 19. Address for service of notices 20ERD Court Schedule 4--Repeals and transitional provisionsPART 17--Repeal of Acts
- 43 Repeal of Acts
PART 18--Transitional provisions
- 44 Interpretation
- 45 Continuation of prescribed bodies
- 46 Vesting of property etc
- 47 References
- 48 Authorised officers
- 49 Special provisions relating to employees
- 50 Initial constitution of boards
- 51 Constitution of Environment, Resources and Development Court
- 52 Special provisions relating to the repeal of the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986
- 53 Special provisions relating to the repeal of the Soil Conservation and Land Care Act 1989
- 54 Special provisions relating to the repeal of the Water Resources Act 1997
- 55 Special provisions relating to levies
- 56 Other provisions 57. Governor may extend term of office etc Legislative history The Parliament of South Australia enacts as follows: Chapter 1—Preliminary