Natural Resources Management Act 2004 (SA)

South Australia

Natural Resources Management Act 2004

An Act to promote sustainable and integrated management of the State's natural resources; to make provision for the protection of the State's natural resources; to repeal the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986, the Soil Conservation and Land Care Act 1989 and the Water Resources Act 1997; and for other purposes.

The Parliament of South Australia enacts as follows:

Chapter 1Preliminary1Short title

This Act may be cited as the Natural Resources Management Act 2004.

3Interpretation

(1)
In this Act, unless the contrary intention appears—
animal means a live vertebrate or invertebrate animal and includes the eggs or semen of such an animal, but does not include any animal of a class excluded from the ambit of this definition by the regulations;
animal-proof fence means a fence that complies with the prescribed requirements for an animal-proof fence;
annual value means annual value as defined in the Valuation of Land Act 1971;
approved account means an account designated by the Minister as an approved account for the purposes of this Act, or a specified provision of this Act;
authorised officer means a person appointed to be a State authorised officer or a regional authorised officer under Chapter 3 Part 6;
biological diversity or biodiversity means the variety of life forms represented by plants, animals and other organisms and micro-organisms, the genes that they contain, and the ecosystems and ecosystem processes of which they form a part;
business day means any day except—
(a)
a Saturday, Sunday or public holiday; or
(b)
a day which falls between 25 December and 1 January in the following year;
capital value means capital value as defined in the Valuation of Land Act 1971;
channel includes—
(a)
a drain, gutter or pipe;
(b)
part of a channel;
Chief Officer means the Chief Officer under Chapter 3 Part 5 (and includes a person acting in that office from time to time);
commercial forest means a forest plantation where the forest vegetation is grown or maintained so that it can be harvested or used for commercial purposes (including through the commercial exploitation of the carbon absorption capacity of the forest vegetation);
constituent council means—
(a)
in relation to a regional NRM board, or the region of a regional NRM board, a council whose area, or part of whose area, comprises or is included in the region of the regional NRM board;
(b)
in relation to an NRM group, or the area of an NRM group, a council whose area, or part of whose area, comprises or is included in the area of the NRM group;
construct includes erect, alter, reduce, enlarge, repair or excavate;
consumptive pool means the water that will from time to time be taken to constitute the resource within a particular part of a prescribed water resource for the purposes of Chapter 7, as determined—
(a)
by or under a water allocation plan for that water resource; or
(b)
in prescribed circumstances—by the Minister;
control means—
(a)
in relation to a particular class of animals, any of the following:
(i)
destroy the animals and their warrens, burrows, nests or harbours (whether occupied or not);
(ii)
reduce the extent to which land is inhabited or subject to infestation by the animals;
(iii)
undertake any other prescribed action,
as far as is reasonably achievable;
(b)
in relation to a particular class of plants, any of the following:
(i)
destroy the plants;
(ii)
reduce and inhibit the propagation of the plants;
(iii)
prevent the spread of the plants;
(iv)
undertake any other prescribed action,
as far as is reasonably achievable;
council means a council within the meaning of the Local Government Act 1999;
council subsidiary means a subsidiary established under Schedule 2 of the Local Government Act 1999;
CPI means the Consumer Price Index (All groups index for Adelaide);
declared forestry area means a declared forestry area under section 169B;
delivery capacity entitlement means a delivery capacity entitlement issued under Chapter 7 Part 3 Division 5;
Department means the administrative unit designated from time to time by the Minister by notice in the Gazette as being the Department primarily responsible for assisting the Minister in the administration of this Act;
designated commercial forest means a commercial forest within a declared forestry area;
designated Minister—see subsection (9);
dingo includes an animal that is a cross of a dingo;
dog fence means the fence established under the Dog Fence Act 1946;
domestic activity means an activity undertaken for a domestic purpose;
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
domestic purpose in relation to the taking of water does not include—
(a)
taking water for the purpose of watering or irrigating land, other than land used solely in connection with a dwelling; or
(ab)
without limiting paragraph (a)—taking water for the purpose of watering or irrigating more than 0.4 of a hectare of land; or
(b)
taking water to be used in carrying on a business (except for the personal use of persons employed in the business);
domestic wastewater means—
(a)
water used in the disposal of human waste; and
(b)
water used for personal washing; and
(c)
water used for washing clothes or dishes; and
(d)
water used in a swimming pool;
to drill in relation to a well means to drill the well or to excavate the well in any other manner and includes to deepen or widen an existing well;
ecosystem means a dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional unit;
effluent means domestic wastewater or industrial wastewater;
employing authority means—
(a)
unless paragraph (b) applies—the Chief Executive of the Department;
(b)
if the Governor thinks fit, a person, or a person holding or acting in an office or position, designated by proclamation made for the purposes of this definition;
ERD Court means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993;
estuary means a partially enclosed coastal body of water that is permanently, periodically, intermittently or occasionally open to the sea within which there is a measurable variation in salinity due to the mixture of seawater with water derived from or under the land;
floodplain means any area of land adjacent to a watercourse, lake or estuary that is periodically inundated with water and includes any other area designated as a floodplain—
(a)
by an NRM plan; or
(b)
by a Development Plan under the Development Act 1993;
forest vegetation means trees and other forms of forest vegetation including—
(a)
roots or other parts of the trees or other forest vegetation that lie beneath the soil; and
(b)
leaves, branches or other parts or products of trees or other forest vegetation;
forest water licence means a licence granted by the Minister under Chapter 7 Part 5A;
general rate means a general rate under section 152 of the Local Government Act 1999;
general statutory duty means the duty under Chapter 2 Part 2;
industrial wastewater means water (not being domestic wastewater) that has been used in the course of carrying on a business (including water used in the watering or irrigation of plants) that has been allowed to run to waste or has been disposed of or has been collected for disposal;
infrastructure includes—
(a)
artificial lakes;
(b)
dams or reservoirs;
(c)
embankments, walls, channels or other works or earthworks;
(d)
bridges and culverts;
(e)
buildings or structures;
(f)
roads;
(g)
pipes, machinery or other plant or equipment;
(h)
any device;
(i)
any item or thing used in connection with—
(i)
testing, monitoring, protecting, enhancing or re-establishing any natural resource, or any aspect of a natural resource;
(ii)
any other program or initiative associated with the management of a natural resource;
(j)
other items brought within the ambit of this definition by the regulations;
intensive farming means a method of keeping animals in the course of carrying on the business of primary production in which the animals are usually confined to a small space or area and usually fed by hand or by a mechanical means;
Interstate Water Entitlements Transfer Scheme or IWETS means—
(a)
a scheme for the transfer of entitlements between 2 or more States under the Murray‑Darling Basin Agreement; or
(b)
an agreement between South Australia and 1 or more other States or a Territory entered into under Chapter 7 Part 3 Division 6;
keep in captivity—an animal is kept in captivity if it is held in a building or enclosure with security measures designed to ensure that the animal cannot escape (other than in circumstances that cannot be reasonably foreseen and guarded against);
lake means a natural lake, pond, lagoon, wetland or spring (whether modified or not) and includes—
(a)
part of a lake; or
(b)
a body of water designated as a lake—
(i)
by an NRM plan; or
(ii)
by a Development Plan under the Development Act 1993;
land means, according to the context—
(a)
land as a physical entity, including land under water; or
(b)
any legal estate or interest in, or right in respect of, land,
and includes any building or structure fixed to land;
LGA means the Local Government Association of South Australia;
licensed well driller means a person who holds a licence under Chapter 7 to drill wells;
management agreement means an agreement under Chapter 11;
Mining Act means any of the following:
(a)
the Mining Act 1971, the Opal Mining Act 1995, the Petroleum and Geothermal Energy Act 2000 or the Petroleum (Submerged Lands) Act 1982;
(b)
the Cooper Basin (Ratification) Act 1975, the Roxby Downs (Indenture Ratification) Act 1982 or the Stony Point (Liquids Project) Ratification Act 1981;
(c)
any other Act relating to the production, recovery, management, conveyance or delivery of minerals brought within the ambit of this definition by the regulations;
Mount Lofty Ranges Watershed means the area prescribed by regulation for the purposes of this definition;
Murray‑Darling Basin has the same meaning as in the Water Act 2007 of the Commonwealth;
Murray‑Darling Basin Agreement means the Murray‑Darling Basin Agreement, a copy of which is set out in Schedule 1 of the Water Act 2007 of the Commonwealth, as in force from time to time;
native animal means a protected animal within the meaning of the National Parks and Wildlife Act 1972 and any species included in Schedule 10 of that Act, but does not include a dingo or any other animal of a class excluded from the ambit of this definition by the regulations;
native vegetation has the same meaning as in the Native Vegetation Act 1991;
natural resources includes—
(a)
soil;
(b)
water resources;
(c)
geological features and landscapes;
(d)
native vegetation, native animals and other native organisms;
(e)
ecosystems;
NRM authority means a regional NRM board or an NRM group;
NRM Fund means the Natural Resources Management Fund established under Chapter 5 Part 2 Division 1;
NRM group means a body established under Chapter 3 Part 4 and includes a body appointed under that Part to be an NRM group under this Act;
NRM plan means a plan under Chapter 4;
NRM region or region means a Natural Resources Management Region established under Chapter 3 Part 3 Division 1;
NRM Register means the register established under section 226;
NRM water levy means—
(a)
a water levy; or
(b)
a special purpose water levy;
occupier of land means a person who has, or is entitled to, possession or control of the land (other than a mortgagee in possession unless the mortgagee has assumed active management of the land), or who is entitled to use the land as the holder of native title in the land;
OC-NRM levy means a levy declared under section 97;
owner of land means—
(a)
if the land is unalienated from the Crown—the Crown; or
(b)
if the land is alienated from the Crown by grant in fee simple—the owner (at law or in equity) of the estate in fee simple; or
(c)
if the land is held from the Crown by lease or licence—the lessee or licensee, or a person who has entered into an agreement to acquire the interest of the lessee or licensee; or
(d)
if the land is held from the Crown under an agreement to purchase—the person who has the right to purchase; or
(e)
a person who holds native title in the land; or
(f)
a person who has arrogated to himself or herself (lawfully or unlawfully) the rights of an owner of the land,
and includes an occupier of the land and any other person of a prescribed class included within the ambit of this definition by the regulations;
pastoral land means land of the Crown that is subject to a pastoral lease;
peak body means—
(a)
the LGA; and
(b)
Primary Producers SA Incorporated; and
(c)
the Conservation Council of South Australia;
plant means vegetation of any species and includes the seeds and any part of any such vegetation, or any other form of plant material, but does not include any vegetation or material excluded from the ambit of this definition by the regulations;
prescribed lake means a lake declared to be a prescribed lake under section 125;
prescribed watercourse means a watercourse declared to be a prescribed watercourse under section 125;
prescribed water resource includes underground water to which access is obtained by prescribed wells;
prescribed well means a well declared to be a prescribed well under section 125;
private land means land that is not—
(a)
dedicated land within the meaning of the Crown Land Management Act 2009; or
(b)
unalienated land of the Crown; or
(c)
vested in or under the care, control or management of an agency or instrumentality of the Crown; or
(d)
vested in or under the care, control or management of a council;
public authority means—
(a)
a Minister; or
(b)
an agency or instrumentality of the Crown; or
(c)
a council or council subsidiary;
record means—
(a)
a documentary record; or
(b)
a record made by an electronic, electro-magnetic, photographic or optical process; or
(c)
any other kind of record;
regional authorised officer means a person appointed as a regional authorised officer under Chapter 3 Part 6;
regional local government association means a regional association established by the local government sector (whether under section 43 of the Local Government Act 1999 or under the Associations Incorporation Act 1985, or in some other manner recognised by the regulations for the purposes of this definition);
regional NRM board means a body established under Chapter 3 Part 3 and includes a body appointed under that Part to be a regional NRM board under this Act;
regional NRM levy means a levy imposed by a council under section 95;
regional NRM plan means a plan prepared by a regional NRM board under Chapter 4 Part 2;
repealed Act means an Act repealed under Schedule 4 Part 17;
River Murray has the same meaning as in the River Murray Act 2003;
River Murray Protection Area means a River Murray Protection Area under the River Murray Act 2003;
road reserve means land set aside for the purposes of a public road, whether or not it is being used for that purpose;
SA Water means the South Australian Water Corporation;
Schedule 3A entitlement means—
(a)
a water licence; or
(b)
a water access entitlement (or part of a water access entitlement); or
(ba)
a forest water licence; or
(c)
a water allocation (or part of a water allocation); or
(d)
a delivery capacity entitlement;
security interest means a mortgage or charge over, or other arrangement of a kind prescribed by the regulations in respect of, a water management authorisation or a forest water licence that secures the payment of a debt or the performance of some other obligation under a contract or other legally enforceable arrangement;
sell includes—
(a)
barter, offer or attempt to sell;
(b)
receive for sale;
(c)
have in possession for sale;
(d)
cause or permit to be sold or offered for sale;
(e)
send, forward or deliver for sale;
(f)
dispose of by any method for valuable consideration;
(g)
dispose of to an agent for sale on consignment;
(h)
sell for the purposes of resale;
site use approval means a site use approval issued under Chapter 7 Part 3 Division 4;
site value means site value as defined in the Valuation of Land Act 1971;
special purpose water levy means a levy declared under section 103;
spouse—a person is the spouse of another if they are legally married;
State includes any part of the sea—
(a)
that is within the limits of the State; or
(b)
that is from time to time included in the coastal waters of the State by virtue of the Coastal Waters (State Powers) Act 1980 of the Commonwealth;
State authorised officer means a person appointed as a State authorised officer under Chapter 3 Part 6;
State NRM Plan means the plan prepared under Chapter 4 Part 1;
stormwater infrastructure means infrastructure established for the purposes of stormwater management;
surface water means—
(a)
water flowing over land (except in a watercourse)—
(i)
after having fallen as rain or hail or having precipitated in any other manner; or
(ii)
after rising to the surface naturally from underground;
(b)
water of the kind referred to in paragraph (a) that has been collected in a dam or reservoir;
(c)
water of the kind referred to in paragraph (a) that is contained in any stormwater infrastructure;
(d)
water in a watercourse if the watercourse, or a particular part of a watercourse, is declared by proclamation under subsection (13) to constitute surface water for the purposes of this Act;
surface water prescribed area means a part of the State declared to be a surface water prescribed area under section 125 (including, if relevant, any stormwater infrastructure within that area);
to take water from a water resource includes—
(a)
to take water by pumping or syphoning the water;
(b)
to stop, impede or divert the flow of water over land (whether in a watercourse or not) for the purpose of collecting the water;
(ba)
to stop, impede or direct the flow of water in any stormwater infrastructure for the purpose of collecting the water, or to extract any water from stormwater infrastructure;
(c)
to divert the flow of water in a watercourse from the watercourse;
(d)
to release water from a lake;
(e)
to permit water to flow under natural pressure from a well;
(f)
to permit stock to drink from a watercourse, a natural or artificial lake, a dam or reservoir;
(g)
to cause, permit or suffer any activity referred to in a preceding paragraph;
underground water means—
(a)
water occurring naturally below ground level;
(b)
water pumped, diverted or released into a well for storage underground;
vehicle includes any—
(a)
vessel or craft;
(b)
plant or equipment designed to be moved or operated by a driver;
water access entitlement—see section 146(2);
water allocation—
(a)
in respect of a water licence, means an allocation of water under the terms of the licence in accordance with Chapter 7 Part 3 Division 2 and includes, if the context so requires, a component or part of such an allocation, or the water available in connection with the entitlement;
(ab)
in respect of an Interstate Water Entitlements Transfer Scheme, means an allocation of water under the terms of that scheme and the provisions of Chapter 7 Part 3 Division 2 and includes, if the context so requires, a component or part of such an allocation, or the water available in connection with the entitlement;
(b)
in respect of water taken pursuant to an authorisation under section 128 means the maximum quantity of water that can be taken and used pursuant to the authorisation;
(c)
in respect of a forest water licence means the water allocation attached to the licence;
water allocation plan means a water allocation plan prepared by a regional NRM board under Chapter 4 Part 2;
watercourse means a river, creek or other natural watercourse (whether modified or not) in which water is contained or flows whether permanently or from time to time and includes—
(a)
a dam or reservoir that collects water flowing in a watercourse;
(b)
a lake through which water flows;
(c)
a channel (but not a channel declared by regulation to be excluded from the ambit of this definition) into which the water of a watercourse has been diverted;

(d)
part of a watercourse;
(e)
an estuary through which water flows;
(f)
any other natural resource, or class of natural resource, designated as a watercourse for the purposes of this Act by an NRM plan;
water levy means a levy declared under section 101;
water licence means a licence granted by the Minister under section 146;
water management authorisation means—
(a)
a water licence; or
(b)
a water allocation; or
(c)
a site use approval; or
(d)
a water resource works approval; or
(e)
a delivery capacity entitlement;
The Water Register—see section 226(1a) and (1b);
water resource means a watercourse or lake, surface water, underground water, stormwater (to the extent that it is not within a preceding item) and effluent;
water resource works approval means a water resource works approval issued under Chapter 7 Part 3 Division 3;
well means—
(a)
an opening in the ground excavated for the purpose of obtaining access to underground water;
(b)
an opening in the ground excavated for some other purpose but that gives access to underground water;
(c)
a natural opening in the ground that gives access to underground water;
wetland means an area that comprises land that is permanently or periodically inundated with water (whether through a natural or artificial process) where the water may be static or flowing and may range from fresh water to saline water and where the inundation with water influences the biota or ecological processes (whether permanently or from time to time) and includes any other area designated as a wetland—
(a)
by an NRM plan; or
(b)
by a Development Plan under the Development Act 1993,
but does not include—
(c)
a dam or reservoir that has been constructed by a person wholly or predominantly for the provision of water for primary production or human consumption; or
(d)
an area within an estuary or within any part of the sea; or
(e)
an area excluded from the ambit of this definition by the regulations;
works means—
(a)
dams or reservoirs;
(b)
wells or channels;
(c)
pumps, pumping stations, pipes and tanks;
(d)
drains, machinery or other plant or equipment;
(e)
other forms of structures or apparatus;
(f)
other items brought within the ambit of this definition by the regulations,
whether on, above or under land, but does not include any items excluded from the ambit of this definition by the regulations.
(2)
For the purposes of this Act—
(a)
a reference to land in the context of the physical entity includes all aspects of land, including the soil, organisms and other components and ecosystems that contribute to the physical state and environmental, social and economic value of land;
(b)
a reference to a water resource includes all aspects of a water resource, including the water, organisms and other components and ecosystems that contribute to the physical state and environmental, social and economic value of a water resource.
(3)
For the purposes of this Act—
(a)
a reference to a watercourse is a reference to either—
(i)
the bed and banks of the watercourse (as they may exist from time to time); or
(ii)
the water for the time being within the bed and banks of the watercourse (as they may exist from time to time),
or both, depending on the context;
(b)
a reference to a lake is a reference to either—
(i)
the bed, banks and shores of the lake (as they may exist from time to time); or
(ii)
the water for the time being held by the bed, banks and shores of the lake (as they may exist from time to time),
or both, depending on the context.
(4)
For the purposes of this Act, a reference to an estuary may include, according to the context, a reference to—
(a)
any ecosystem processes or biodiversity associated with an estuary;
(b)
estuarine habitats adjacent to an estuary.
(5)
A reference in this Act to varying a water management authorisation (in any of its forms) includes a reference to varying the conditions attached to the particular water management authorisation.
(6)
The conditions of an authorisation or permit under this Act may be varied by the addition, substitution or deletion of 1 or more conditions.
(7)
For the purposes of this Act, native vegetation is cleared (or would be cleared) if the relevant activity constitutes (or would constitute) clearance of the native vegetation under the Native Vegetation Act 1991.
(8)
A regulation, NRM plan or Development Plan may make a designation for the purposes of a definition under this section by the use of a map or maps prescribed by the regulation or included in the plan (as the case may be).
(9)
For the purposes of this Act, a designated Minister is a Minister who is primarily responsible for any of the following:
(a)
regional affairs;
(b)
primary industries;
(c)
the environment;
(d)
mineral resources;
(e)
local government;
(f)
urban or regional planning;
(g)
aboriginal affairs;
(h)
economic development;
(i)
tourism;
(j)
the River Murray,
as designated by the Premier from time to time for the purposes of this provision.
(10)
For the purposes of this Act, a person is an associate of another if—
(a)
they are partners; or
(b)
one is a spouse, domestic partner, parent or child of another; or
(c)
they are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or
(d)
one is a body corporate or other entity (whether inside or outside Australia) and the other is a director or member of the governing body of the body corporate or other entity; or
(e)
one is a body corporate or other entity (whether inside or outside Australia) and the other is a person who has a legal or equitable interest in 5 per cent or more of the share capital of the body corporate or other entity; or
(f)
they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or
(g)
a chain of relationships can be traced between them under any one or more of the above paragraphs.
(11)
For the purposes of subsection (10), a beneficiary of a trust includes an object of a discretionary trust.
(12)
The Governor may, from time to time as the Governor thinks fit, vary or revoke a proclamation made for the purposes of the definition of employing authority, or make a new proclamation for the purposes of that definition.
(13)
The Governor may—
(a)
by proclamation, declare a watercourse, or a part of a watercourse, to constitute surface water for the purposes of this Act;
(b)
by subsequent proclamation or proclamations, vary or revoke a proclamation under paragraph (a).
(14)
A proclamation under subsection (13) will have effect according to its terms.

4Interaction with other Acts

(1)
Except where the contrary intention is expressed in this or any other Act, this Act is in addition to and does not limit or derogate from the provisions of any other Act.
(2)
This Act is subject to the following Acts and agreements:
(a)
the Murray‑Darling Basin Agreement;
(b)
the Border Groundwater Agreement (as amended from time to time) approved by the Groundwater (Border Agreement) Act 1985;
(c)
the Lake Eyre Basin Intergovernmental Agreement (as amended from time to time) ratified and approved under the Lake Eyre Basin (Intergovernmental Agreement) Act 2001;
(d)
the indenture (as amended from time to time) ratified and approved by the Roxby Downs (Indenture Ratification) Act 1982;
(e)
the Pulp and Paper Mills Agreement Act 1958;
(f)
the Pulp and Paper Mill (Hundred of Gambier) Indenture Act 1961;
(g)
the Pulp and Paper Mill (Hundreds of Mayurra and Hindmarsh) Act 1964.
(3)
Chapter 2 Part 2 and Chapter 6 do not apply in relation to any minerals or other substances or facilities administered under a Mining Act, or any activity conducted under a tenement granted under a Mining Act.

5Territorial and extra-territorial operation of Act

(1)
Subject to this section, this Act applies to the whole of the State.
(2)
The Governor may, by regulation, exclude a part of the State from the operation of this Act, or specified provisions of this Act.
(3)
This Act extends to an activity or circumstance undertaken or existing outside the State that may affect the natural resources of the State.
(4)
This Act may also apply so as to give effect within the State or outside the State to any intergovernmental agreement relevant to the operation of this Act to which the State is a party.

6Act binds Crown

(1)
This Act binds the Crown in right of this State and also, so far as the legislative power of the State extends, the Crown in all its other capacities, but not so as to impose any criminal liability on the Crown.
(2)
Without limiting or derogating from subsection (1), all agencies and instrumentalities of the Crown must endeavour, as far as practicable, to act consistently with the State NRM Plan and other relevant NRM plans under this Act.

Chapter 2Objects of Act and general statutory dutiesPart 1Objects7Objects

(1)
The objects of this Act include to assist in the achievement of ecologically sustainable development in the State by establishing an integrated scheme to promote the use and management of natural resources in a manner that—
(a)
recognises and protects the intrinsic values of natural resources; and
(b)
seeks to protect biological diversity and, insofar as is reasonably practicable, to support and encourage the restoration or rehabilitation of ecological systems and processes that have been lost or degraded; and
(c)
provides for the protection and management of catchments and the sustainable use of land and water resources and, insofar as is reasonably practicable, seeks to enhance and restore or rehabilitate land and water resources that have been degraded; and
(d)
seeks to support sustainable primary and other economic production systems with particular reference to the value of agriculture and mining activities to the economy of the State; and
(e)
provides for the prevention or control of impacts caused by pest species of animals and plants that may have an adverse effect on the environment, primary production or the community; and
(f)
promotes educational initiatives and provides support mechanisms to increase the capacity of people to be involved in the management of natural resources.
(2)
For the purposes of subsection (1), ecologically sustainable development comprises the use, conservation, development and enhancement of natural resources in a way, and at a rate, that will enable people and communities to provide for their economic, social and physical well-being while—
(a)
sustaining the potential of natural resources to meet the reasonably foreseeable needs of future generations; and
(b)
safeguarding the life-supporting capacities of natural resources; and
(c)
avoiding, remedying or mitigating any adverse effects of activities on natural resources.
(3)
The following principles should be taken into account in connection with achieving ecologically sustainable development for the purposes of this Act:
(a)
decision-making processes should effectively integrate both long term and short term economic, environmental, social and equity considerations;
(b)
if there are threats of serious or irreversible damage to natural resources, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;
(c)
decision-making processes should be guided by the need to evaluate carefully the risks of any situation or proposal that may adversely affect the environment and to avoid, wherever practicable, causing any serious or irreversible damage to the environment;
(d)
the present generation should ensure that the health, diversity and productivity of the natural environment is maintained or enhanced for the benefit of future generations;
(e)
a consideration should be the conservation of biological diversity and ecological integrity;
(f)
environmental factors should be taken into account when valuing or assessing assets or services, costs associated with protecting or restoring the natural environment should be allocated or shared equitably and in a manner that encourages the responsible use of natural resources, and people who obtain benefits from the natural environment, or who adversely affect or consume natural resources, should bear an appropriate share of the costs that flow from their activities;
(g)
if the management of natural resources requires the taking of remedial action, the first step should, insofar as is reasonably practicable and appropriate, be to encourage those responsible to take such action before resorting to more formal processes and procedures;
(h)
consideration should be given to Aboriginal heritage, and to the interests of the traditional owners of any land or other natural resources;
(i)
consideration should be given to other heritage issues, and to the interests of the community in relation to conserving heritage items and places;
(j)
the involvement of the public in providing information and contributing to processes that improve decision-making should be encouraged;
(k)
the responsibility to achieve ecologically sustainable development should be seen as a shared responsibility between the public sector, the private sector, and the community more generally;
(l)
the local government sector is to be recognised as a key participant in natural resource management, especially on account of its close connections to the community and its role in regional and local planning.

8Administration of Act to achieve objects

The Minister, the Court and all other persons or bodies involved in the administration of this Act, or performing, exercising or discharging a function, power or duty under this Act, must have regard to, and seek to further, the objects of this Act.

Part 2General statutory duties9General statutory duties

(1)
A person must act reasonably in relation to the management of natural resources within the State.
(2)
In determining what is reasonable for the purposes of subsection (1), regard must be had, amongst other things, to the objects of this Act, and to—
(a)
the need to act responsibly in relation to the management of natural resources, and the potential impact of a failure to comply with the relevant duty; and
(b)
any environmental, social, economic or practical implications, including any relevant assessment of costs and benefits associated with a particular course of action, the financial implications of various measures or options, and the current state of technical and scientific knowledge; and
(c)
any degrees of risk that may be involved; and
(d)
the nature, extent and duration of any harm; and
(e)
the extent to which a person is responsible for the management of the natural resources; and
(f)
the significance of the natural resources, including in relation to the environment and to the economy of the State (if relevant); and
(g)
the extent to which an act or activity may have a cumulative effect on any natural resources; and
(h)
any pre-existing circumstance, and the state or condition of the natural resources.
(3)
A person will be taken not to be in breach of subsection (1) if the person is acting—
(a)
in pursuance of a requirement under this or any other Act; or
(b)
in a manner consistent with the relevant regional NRM plan; or
(c)
in circumstances prescribed by the regulations.
(4)
Subject to subsections (5) and (6), a person who breaches subsection (1) is not, on account of the breach alone, liable to any civil or criminal action.
(5)
If a person breaches subsection (1)—
(a)
the person may be required to prepare and implement an action plan in the circumstances contemplated by Chapter 6; and
(b)
compliance with the subsection may be enforced by the issuing of a protection order under Chapter 9 Part 1; and
(c)
a reparation order or reparation authorisation may be issued under Chapter 9 Part 1; and
(d)
an order may be made by the ERD Court under Chapter 9 Part 2 in respect of the non-compliance.
(6)
Subsection (4) does not limit or derogate from any other provision of this Act.
(7)
In addition, if a person can demonstrate that he or she has acted in a manner consistent with any best practice methods or standards in the relevant industry or sphere of activity that are recognised as being acceptable for the purposes of subsection (1) by the relevant regional NRM board, then, to the extent of the consistency, no action can be taken against the person in connection with the operation of this section.
(8)
To avoid doubt, a person cannot, in relation to the operation of this section, be held responsible for any condition or circumstance existing before the commencement of this section.

Chapter 3AdministrationPart 1The Minister10Functions of Minister

(1)
The functions of the Minister under this Act are—
(a)
to keep the state and condition of the natural resources of the State under review; and
(ab)
to prepare and maintain the State NRM Plan, and to keep under review the extent to which regional NRM plans and policies and practices adopted or applied by NRM authorities are consistent with the State NRM Plan; and
(b)
to develop or co-ordinate policies relating to natural resources management, to promote sound management programs and practices for the use, development or protection of the natural resources of the State, and to develop and apply policies relating to the control of animals and plants to protect public health and safety, the natural environment, and primary production within the State; and
(c)
in relation to the application of this Act with respect to the Murray-Darling Basin, and as far as reasonably practicable—
(i)
to act to integrate the administration of this Act with the administration of the River Murray Act 2003; and
(ii)
to promote the integration or co-ordination of policies, programs, plans and projects under this Act with relevant activities undertaken under the River Murray Act 2003; and
(d)
to conduct and support research into the preservation, protection, management, enhancement, restoration or rehabilitation of the State's natural resources; and
(e)
to compile, maintain and update information in relation to the State's natural resources; and
(ea)
to convene forums on a State‑wide basis to discuss natural resources management issues, and to promote public awareness of sound natural resources management practices; and
(f)
to promote public awareness of the importance of the State's natural resources and to encourage the conservation of those resources; and
(g)
to promote the pursuit of the objects of this Act by State and local government bodies, the private sector and the public, and to promote the application of the various principles and duties prescribed by this Act; and
(h)
to promote the integration or co-ordination of policies, programs, plans and projects insofar as they are relevant to the proper management, use or protection of the State's natural resources; and
(i)
to ensure that appropriate consideration is given to NRM plans when decisions are being made with respect to the allocation of resources; and
(j)
such other functions assigned to the Minister by or under this Act.
(2)
The regulations may—
(a)
prescribe the kinds of information to which subsection (1)(e) applies; and
(b)
require persons or bodies referred to in the regulations to provide the Minister with information of that kind that is in their possession; and
(c)
specify the kind or kinds of information to which subsection (3) applies.
(3)
If a person has provided information of a kind to which this subsection applies (see subsection (2)(c)) under subsection (2)(b), the Minister—
(a)
must seek the consent of the person who provided the information to make it publicly available and must make it publicly available if consent is given;
(b)
must not disclose that information to another person without the consent of the person who provided it.
(4)
Without limiting any other power of the Minister, the Minister may direct an NRM authority or authorities to observe policies and comply with standards specified by the Minister in relation to the gathering, recording and keeping of information.
(5)
If the Minister gives a direction to an NRM authority under this Act (other than a direction that, in the opinion of the NRM authority, is of minor significance taking into account its function and powers), the NRM authority must cause a statement of the fact that the direction was given to be published in its next annual report.

(6)
The Minister must, in acting in the administration of this Act, seek to act fairly and reasonably and recognise the need to enhance and support sustainable primary and other economic production systems.

11Powers of delegation

(1)
The Minister may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this Act, or under any other Act that, in the opinion of the Minister, is relevant to the operation or administration of this Act.
(2)
A delegation under this section—
(a)
must be by instrument in writing; and
(b)
may be absolute or conditional; and
(c)
does not derogate from the ability of the Minister to act in any matter; and
(d)
is revocable at will.
(3)
A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.
(4)
The Minister cannot delegate—
(a)
the function of making recommendations to the Governor; or
(b)
the Minister's functions or powers under Chapter 5 (other than a function or power under section 110(3), 111, 114(10) or 117(4)).
(5)
A person to whom functions or powers have been delegated under subsection (1) who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform those functions or exercise those powers must disclose the nature of the interest in writing to the Minister.
Maximum penalty: $20 000.
(6)
It is a defence to a charge of an offence against subsection (5) to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter.

Part 3NRM regions and boardsDivision 1Establishment of regions22Establishment of regions

(1)
The Governor may, by proclamation made on the recommendation of the Minister, divide the State into Natural Resources Management Regions.
(2)
The Minister must, in formulating a recommendation for the purposes of subsection (1)—
(a)
give attention to the nature and form of the natural environment and give particular attention to water catchment areas and biogeographical regions; and
(b)
take into account relevant economic, social, cultural and local government boundaries or areas.
(3)
The Governor may, by subsequent proclamation made on the recommendation of the Minister—
(a)
vary the boundaries of any NRM region;
(b)
abolish an NRM region (on the basis that a new division is to occur).
(4)
If a proclamation is being made under subsection (3), the Governor may, by the same or a subsequent proclamation, make provision for any transitional or consequential matter, including for the transfer, apportionment or adjustment of property, assets, rights, liabilities or expenses as between any relevant regional NRM boards or the alteration or revision of any plan under this Act (and any such proclamation will have effect according to its terms and despite any other provision of this or any other Act, or any law, agreement or arrangement).
(5)
The Minister must, before a proclamation is made under subsection (3), give each peak body notice of the proposed proclamation under that subsection and give consideration to any submission made by any peak body within a period (being at least 21 days) specified in the notice.
(6)
Wherever an NRM region is established under this section, or the boundaries of an NRM region are varied under this section, the Minister must furnish a report on the matter to the Natural Resources Committee of the Parliament.

Division 2Establishment of regional NRM boards23Establishment of boards

(1)
The Minister must, by notice in the Gazette, establish a regional NRM board for each NRM region.
(2)
A notice under subsection (1) must—
(a)
identify the region in relation to which the regional NRM board is established; and
(b)
assign a distinctive name to the regional NRM board; and
(c)
set out functions of the regional NRM board (if any) that are additional to the functions prescribed by this Act.
(3)
The Minister may, by subsequent notice in the Gazette—
(a)
vary a notice under this section (including by making a variation to the functions of the regional NRM board under subsection (2)(c));
(b)
abolish a regional NRM board (on the basis that the relevant region is being abolished under Division 1).
(4)
A notice relating to a regional NRM board under subsection (3) may provide for any transitional or consequential matter, including—
(a)
by providing that the property, assets, rights or liabilities of the board will vest in or attach to—
(i)
the Crown; or
(ii)
a Minister; or
(iii)
another NRM authority; or
(iv)
any other agency or instrumentality of the Crown; or
(v)
with the agreement of the relevant person or body, a person or body specified in the notice;
(b)
by making provision with respect to any relevant regional NRM plan,
(and any such notice will have effect according to its terms and despite any other provision of this or any other Act, or any law, agreement or arrangement).
(5)
The Minister must, before publishing a notice under subsection (3), give each peak body notice of the Minister's intention to publish a notice under that subsection and give consideration to any submission made by any peak body within a period (being at least 21 days) specified in the notice.
(6)
If the Minister assigns a function to a regional NRM board under subsection (2)(c), the Minister must furnish a report on the matter to the Natural Resources Committee of the Parliament.
(7)
The Minister must, before varying the functions of a regional NRM board under subsection (3), consult with the Natural Resources Committee of the Parliament.

24Corporate nature

(1)
A regional NRM board—
(a)
is a body corporate; and
(b)
has perpetual succession and a common seal; and
(c)
can sue and be sued in its corporate name; and
(d)
is an instrumentality of the Crown and holds its property on behalf of the Crown; and
(e)
has the functions and powers assigned or conferred by or under this or any other Act.
(2)
If a document appears to bear the common seal of a regional NRM board, it will be presumed, in the absence of proof to the contrary, that the common seal of the regional NRM board was duly fixed to the document.
(3)
A regional NRM board is subject to the direction and control of the Minister.

Division 3Membership25Composition of boards

(1)
A regional NRM board consists of up to 9 members appointed by the Minister being persons who collectively have, in the opinion of the Minister, knowledge, skills and experience necessary to enable the board to carry out its functions effectively.
(2)
Before appointing a person or persons under subsection (1), the Minister—
(a)
must place a notice in a newspaper circulating generally throughout the region inviting expressions of interest for appointment to the relevant board within a period specified in the notice; and
(b)
must give to—
(i)
each peak body; and
(ii)
such other bodies representing the interests of persons involved in natural resources management, or Aboriginal people, as the Minister considers to be appropriate in the circumstances,
notice of the fact that an appointment or appointments are to be made and give consideration to any submission made by any such body within a period (of at least 21 days) specified by the Minister.
(3)
The Chief Executive of the Department must ensure that a copy of a notice under paragraph (a) of subsection (2) is published on the Department's website within 2 business days after being published under that paragraph.
(3a)
Subsections (2) and (3) do not apply if—
(a)
the Minister is seeking to fill a casual vacancy in the membership of a regional NRM board; and
(b)
the unexpired term of office of the member whose position has become vacant (the former member) is less than 2 years; and
(c)
the Minister's intention is that the term of office of the person appointed to the vacant position will be equal to the unexpired term of the former member at the time that the vacant position is filled; and
(d)
the Minister has consulted with the presiding member of the regional NRM board in respect of filling the vacant position.
(4)
For the purposes of subsection (1), the Minister must (as far as is reasonably practicable in the circumstances)—
(a)
give consideration to appointing persons so as to provide a range of knowledge, skills and experience across the following areas:
(i)
community affairs at the regional level;
(ii)
primary production or pastoral land management;
(iii)
soil conservation and land management;
(iv)
conservation and biodiversity management;
(v)
water resources management;
(vi)
business management;
(vii)
local government or local government administration;
(viii)
urban or regional planning;
(ix)
Aboriginal interest in the land and water, and Aboriginal heritage;
(x)
pest animal and plant control;
(xi)
natural and social science;
(xii)
if relevant—coast, estuarine and marine management, fisheries or aquaculture; and
(b)
appoint persons who are able to demonstrate an interest in ensuring the sustainable use and conservation of natural resources and an awareness of natural resource issues across the relevant region; and
(c)
ensure—
(i)
that a majority of the members of the board reside within the relevant region; and
(ii)
that a majority of the members of the board are engaged in an activity related to the management of land.
(5)
In addition, the Minister must, before appointing a person or persons under subsection (1), consult with the designated Ministers.
(6)
At least 1 member of a regional NRM board must be a woman and at least 1 member must be a man.
(7)
At least 1 member of a regional NRM board must be a member or officer of a council at the time of his or her appointment, unless—
(a)
the board's region does not include any part of the area of a council; or
(b)
the Minister cannot, after taking reasonable steps, find a member or officer of a council who—
(i)
in the opinion of the Minister, is suitable to be appointed as a member of the board; and
(ii)
is willing and available to be a member of the board.
(8)
The Minister must appoint a suitable member of a regional NRM board to be the presiding member of the board (however a member cannot serve as presiding member of a particular regional NRM board for more than 8 consecutive years).
(9)
The Minister may appoint a suitable person to be the deputy of a member of a regional NRM board.
(10)
A deputy may act as a member of a regional NRM board during any period of absence of the member in relation to whom the deputy has been appointed.
(11)
The Minister may, by instrument in writing, authorise a person or persons to attend any meeting of a regional NRM board in order to represent the interests of the Commonwealth, the State or local government.
(12)
A person who holds an authorisation under subsection (11) is entitled—
(a)
to receive notice of any meeting of the board; and
(b)
to have access to papers provided to members of the board for the purposes of any meetings; and
(c)
to attend, and participate in, any meeting of the board (but has no entitlement to vote).

26Conditions of membership

(1)
A member of a regional NRM board will hold office on conditions determined by the Minister for a term, not exceeding 4 years, specified in the instrument of appointment and will, at the expiration of a term of office, be eligible for reappointment.
(1a)
However, a person cannot serve as a member of a particular regional NRM board—
(a)
if the person has at any point been a presiding member of the regional NRM board—for more than 12 consecutive years; or
(b)
in any other case—for more than 8 consecutive years.
(2)
The Minister may remove a member of a regional NRM board from office—
(a)
for breach of, or non-compliance with, a condition of appointment; or
(b)
for mental or physical incapacity to carry out duties of office satisfactorily; or
(c)
for neglect of duty; or
(d)
for dishonourable conduct; or
(e)
if serious irregularities have occurred in the conduct of the board's affairs or the board has failed to carry out its functions satisfactorily and the Minister considers that the board should be reconstituted for that reason.
(3)
The office of a member of a regional NRM board becomes vacant if the member—
(a)
dies; or
(b)
completes a term of office and is not reappointed; or
(c)
resigns by written notice addressed to the Minister; or
(d)
is found guilty of an indictable offence; or
(e)
becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or
(f)
is removed from office by the Minister under subsection (2).

27Allowances and expenses

A member of a regional NRM board is entitled to fees, allowances and expenses approved by the Minister.

28Validity of acts

An act or proceeding of a regional NRM board is not invalid by reason only of a vacancy in its membership, a defect in the appointment of a member or a situation where all of the requirements of section 25(4) are not satisfied.

28AConflict of interest under Public Sector (Honesty and Accountability) Act

A member of a regional NRM board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that—
(a)
the member has an interest in a matter that is shared in common with persons in the region for which the board is established generally or primary producers in the region generally, or a substantial section of those persons or primary producers; or
(b)
the member has an interest in a matter as a member or officer of a constituent council or council subsidiary that has an interest in the matter.

Division 4Functions of boards29Functions of boards

(1)
The functions of a regional NRM board are—
(a)
to undertake an active role with respect to the management of natural resources within its region; and
(b)
—
(i)
to prepare a regional NRM plan in accordance with this Act; and
(ii)
to implement that plan; and
(iii)
to keep the plan under review to ensure that the objects of this Act are being achieved; and
(c)
to promote public awareness and understanding of the importance of integrated and sustainable natural resources management within its region, to undertake or support educational initiatives with respect to natural resources management, and to provide mechanisms to increase the capacity of people to implement programs or to take other steps to improve the management of natural resources; and
(d)
to provide advice with respect to the assessment of various activities or proposals referred to the board under this or any other Act; and
(e)
to resolve any issues that may arise between any NRM groups that are relevant to the management of natural resources within its region; and
(ea)
to undertake an active role in ensuring—
(i)
that any Development Plan under the Development Act 1993 that applies within its region promotes the objects of this Act; and
(ii)
insofar as is reasonably practicable, that those Development Plans and the board's regional NRM plan form a coherent set of policies,
and, in so doing, when a Development Plan amendment under the Development Act 1993 that is relevant to the activities of the board is under consideration under that Act, to work with—
(iii)
in the case of a Development Plan amendment proposed by a council—the council; or
(iv)
in the case of a Development Plan amendment proposed by a Minister—that Minister's department; and
(f)
at the request of the Minister, or on its own initiative, to provide advice on any matter relevant to the condition of natural resources within its region, or on the management of those resources, to conduct any inquiry or audit, or to provide any other advice or report that may be appropriate in the circumstances; and
(g)
such other functions assigned to the board by the Minister or by or under this or any other Act.
(2)
To avoid doubt, a regional NRM board may act with respect to a particular matter despite the fact that the matter may not fall within the scope of its regional NRM plan.
(3)
However, if a regional NRM board acts with respect to a particular matter in the circumstances described in subsection (2), the board must furnish a report on the matter to the Natural Resources Committee of the Parliament (unless the matter is not, in the opinion of the board, significant).
(4)
In performing its functions, a regional NRM board should (as far as is reasonably practicable) seek to work collaboratively with—
(a)
the other regional NRM boards whose regions adjoin the region of the board; and
(b)
other State agencies, agencies of the Commonwealth, and agencies of the other States and Territories, that have functions that are relevant to those of the board; and
(c)
NRM groups with areas that fall (wholly or partially) within the region of the board; and
(d)
the constituent councils for the region, and other councils as may be relevant; and
(e)
relevant industry, environment and community groups and organisations; and
(f)
persons who own or occupy land within the region of the board (insofar as may be relevant).
(5)
A regional NRM board will, with respect to the performance of its functions, report to the Minister.
(6)
If the Minister assigns a function to a regional NRM board under subsection (1)—
(a)
the Minister must furnish a report on the matter to the Natural Resources Committee of the Parliament; and
(b)
the regional NRM board must cause a statement of the fact of the assignment to be published in its next annual report.

Division 5Powers of boards30General powers

(1)
A regional NRM board has the power to do anything necessary, expedient or incidental to—
(a)
performing the functions of the board under this or any other Act; or
(b)
assisting in the administration of this Act; or
(c)
furthering the objects of this Act.
(2)
Without limiting the operation of subsection (1) (but subject to subsections (3) and (4)), a regional NRM board may—
(a)
enter into any form of contract, agreement or arrangement; and
(b)
acquire, hold, deal with and dispose of real and personal property or any interest in real or personal property; and
(c)
provide for the care, control, management, conservation or preservation of any natural resource; and
(d)
seek expert, technical or other advice on any matter from any person on such terms and conditions as the board thinks fit; and
(e)
carry out projects; and
(f)
act in conjunction with any other authority or person.
(3)
A regional NRM board must not, without the approval of the Minister—
(a)
undertake an activity with the object (or principal object) of securing a profit; or
(b)
participate in any commercial or business activity.
(4)
The Minister may, by instrument in writing given to a regional NRM board, limit or regulate the powers of the board in any other respect.
(5)
Subject to any direction of the Minister, a regional NRM board may, as the board thinks fit, undertake activities outside its region.
(6)
However, if a regional NRM board acts outside its region, the board must furnish a report on the matter to the Natural Resources Committee of the Parliament (unless the matter is not, in the opinion of the board, significant).
(7)
Money received by a regional NRM board under this Act or in performing its functions or duties or exercising its powers under this Act is not payable into the Consolidated Account and may be applied by the board without further appropriation by Parliament.
(8)
In this section—
project includes any form of work, scheme, undertaking or other activity.

31Special powers to carry out works

(1)
Without limiting any other provision of this Act, a regional NRM board may—
(a)
construct, maintain or remove any infrastructure; and
(b)
excavate any land; and
(c)
inspect, examine or survey any land and for that purpose—
(i)
fix posts, stakes or other markers on the land; and
(ii)
dig trenches or sink test holes in the land to determine the nature of the top soil and underlying strata; and
(iii)
remove samples for analysis; and
(d)
alter water table levels, stop or reduce the flow of water in a watercourse, divert water flowing in a watercourse to another watercourse or to a lake or control the flow of water in any other manner; and
(e)
hold water in a watercourse or lake or by any other means; and
(f)
divert water to an underground aquifer, dispose of water to a lake, underground aquifer or the sea, or deal with water in any other manner; and

(g)
deepen, widen or change the course of a watercourse, deepen or widen a lake or take action to remove any obstruction to the flow of water; and
(h)
undertake any other form of work (including work undertaken for the purposes of stormwater management or flood mitigation); and
(i)
undertake any testing, monitoring or evaluation; and
(j)
undertake any other activity of a prescribed kind.
(2)
A regional NRM board must not exercise a power under subsection (1)(a), (b), (g) or (h) in relation to private land with the intention that any infrastructure, devices or works will be permanent unless—
(a)
it is intended that the owner of the private land will undertake the care, control or management of any relevant infrastructure, devices or works and the regional NRM board is acting with the agreement of the owner; or
(b)
the board has first acquired an easement or other appropriate interest over the relevant land.
(3)
Subsection (2) does not limit or affect the ability of a regional NRM board to acquire land by agreement for the purpose of constructing any infrastructure or performing any work.
(4)
In this section—
lake includes an artificial lake, dam or reservoir.

32Entry and occupation of land

(1)
This section does not apply to, or in relation to, land the use, or the care, control and management, of which is vested in a regional NRM board.
(2)
For the purpose of carrying out an investigation or survey, or carrying out any work in an emergency, a regional NRM board, or a person authorised by a regional NRM board, may enter and occupy any land.
(3)
A regional NRM board or a person authorised by a regional NRM board must give reasonable notice of his or her intention to enter, or to enter and occupy, land to the occupier of the land.
(4)
The period of the notice must be at least 2 business days except—
(a)
where the occupier has given his or her consent; or
(b)
in an emergency, in which case the person proposing to enter must give such notice (if any) as he or she considers is reasonable in the circumstances.
(5)
A regional NRM board or other person acting under this section may not enter residential premises except with the consent of the occupier.
(6)
A regional NRM board or other person entering or occupying land under this section—
(a)
must cause as little harm and inconvenience as practicable; and
(b)
must not occupy the land for any longer than is reasonably necessary; and
(c)
must leave the land as nearly as possible in the condition in which he, she or it found the land; and
(d)
must co-operate as far as practicable with any owner or occupier of the land.
(7)
A person must not, without reasonable excuse, obstruct or hinder a person exercising powers under this section.
Maximum penalty: $10 000.
(8)
A person may use force to enter land (other than residential premises) under this section—
(a)
on the authority of a warrant issued by a magistrate; or
(b)
if the person believes, on reasonable grounds, that the circumstances require immediate entry on to the land.
(9)
A magistrate must not issue a warrant under subsection (8) unless satisfied, on information given on oath, that the warrant is reasonably required in the circumstances.
(10)
An application for a warrant under subsection (8)—
(a)
may be made either personally or by telephone; and
(b)
must be made in accordance with any procedures prescribed by the regulations.

33Special vesting of infrastructure

(1)
Subject to this section, the Governor may, by proclamation made on the recommendation of the Minister, vest in a regional NRM board the use of any infrastructure vested in or under the care, control or management of a public authority.
(2)
Subject to this section, the Governor may, by proclamation made on the recommendation of the Minister, vest in a regional NRM board the use of any land vested in or under the care, control or management of a public authority that is specified in the board's regional NRM plan as being land that should be under the care, control and management of the board.
(3)
Subject to subsection (4), if the use of infrastructure or land is vested in a regional NRM board under subsection (1) or (2), the care, control and management of the infrastructure or land is also vested in the board and the board is responsible for the maintenance and repair of the infrastructure or the maintenance of the land.
(4)
The use of infrastructure or land will be vested exclusively in a regional NRM board by a proclamation under subsection (1) or (2) unless the proclamation provides for the use to be shared by the board and a public authority in which case the proclamation must—
(a)
specify the respective responsibilities of the board and the public authority for the care, control and management and the maintenance and repair of the infrastructure or land; and
(b)
include any other conditions that are necessary or desirable, in the Governor's opinion, relating to the shared use of the infrastructure or land.
(5)
A regional NRM board is not liable to pay compensation to a public authority in respect of a proclamation under subsection (1) and (2).
(6)
Subject to this section, the Governor may, by subsequent proclamation made on the recommendation of the Minister, vary or revoke a proclamation under this section.
(7)
The Governor cannot make a proclamation under subsection (1), (2) or (6) in relation to infrastructure or land vested in or under the care, control or management of a council or council subsidiary without the consent in writing of the council or council subsidiary.

Division 6Staff34Staff

(1)
The staffing arrangements for a regional NRM board will be approved by the Minister.
(2)
Any staff under subsection (1) will be—
(a)
if appointments have been made under subsection (3)—the persons holding those appointments; or
(b)
Public Service employees assigned to work with the regional NRM board.
(3)
The employing authority may, after consultation with a regional NRM board, employ a person to perform functions in connection with the operations or activities of the board.
(4)
The terms and conditions of employment of a person under subsection (3) will be determined by the employing authority after consultation with the board and after obtaining the approval of the Commissioner for Public Sector Employment.
(5)
A person employed under subsection (3) will be taken to be employed by or on behalf of the Crown (but will not be employed in the Public Service of the State unless brought into an administrative unit under the Public Sector Act 2009).
(6)
The employing authority may direct a person employed under subsection (3) to perform functions in connection with the operations of a public sector agency specified by the employing authority (and the person must comply with that direction).
(7)
The employing authority is, in acting under this section, subject to direction by the Minister.
(8)
However, no Ministerial direction may be given by the Minister relating to the appointment, transfer, remuneration, discipline or termination of a particular person.
(9)
The employing authority may delegate a power or function under this section.
(10)
A delegation under subsection (9)—
(a)
must be by instrument in writing; and
(b)
may be made to a body or person (including a person for the time being holding or acting in a specified office or position); and
(c)
may be unconditional or subject to conditions; and
(d)
may, if the instrument of delegation so provides, allow for the further delegation of a power or function that has been delegated; and
(e)
does not derogate from the power of the employing authority to act personally in any matter; and
(f)
may be revoked at any time by the employing authority.
(11)
A change in the person who constitutes the employing authority under this Act will not affect the continuity of employment of a person under this section.
(12)
A regional NRM board must, at the direction of the Minister, the Treasurer or the employing authority, make payments with respect to any matter arising in connection with the employment of a person under this section (including, but not limited to, payments with respect to salary or other aspects of remuneration, leave entitlements, superannuation contributions, taxation liabilities, workers compensation payments, termination payments, public liability insurance and vicarious liabilities).
(13)
A regional NRM board does not have the power to employ any person.
(14)
In this section—
public sector agency has the same meaning as in the Public Sector Act 2009.

Division 7Committees and delegations35Committees

(1)
A regional NRM board—
(a)
must establish the committees required by the regulations; and
(b)
may establish such other committees as the board thinks fit,
to advise or assist the board.
(2)
A committee established under subsection (1) may, but need not, consist of or include members of the regional NRM board.
(3)
The procedures to be observed in relation to the conduct of the business of a committee will be—
(a)
as prescribed by regulation; or
(b)
insofar as the procedure is not prescribed by regulation—as determined by the regional NRM board; or
(c)
insofar as the procedure is not prescribed by regulation or determined by the regional NRM board—as determined by the committee.
(4)
A regional NRM board must, in acting under this section, comply with any guidelines issued by the Minister for the purposes of this section (which may include a requirement for the approval of the Minister before a Committee, or Committee of a specified class, may be established under subsection (1)(a)).

36Power of delegation

(1)
A regional NRM board may delegate a function or power of the board under this or any other Act—
(a)
to a member of the board; or
(b)
with the approval of the Minister—to a committee established by the board; or
(c)
with the approval of the council—to a council or an officer of a council; or
(d)
with the approval of the council subsidiary—to a council subsidiary or an officer of a council subsidiary; or
(e)
to a member of the staff of the board; or
(f)
to an NRM group; or
(g)
with the approval of the Minister—to any other person or body.
(2)
A delegation under this section—
(a)
must be by instrument in writing; and
(b)
may be absolute or conditional; and
(c)
does not derogate from the ability of the regional NRM board to act in any matter; and
(d)
is revocable at will.
(3)
A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.

Division 8Accounts, audit and reports37Accounts and audit

(1)
A regional NRM board must cause proper accounts to be kept of its financial affairs and must cause financial statements to be prepared in respect of each financial year.
(2)
The Auditor-General may at any time, and must in respect of each financial year, audit the accounts and financial statements required under subsection (1).

38Annual reports

(1)
A regional NRM board must, on or before 30 November in every year, provide to the Minister a report—
(a)
on its activities for the financial year ending on the preceding 30 June (and the regional NRM board need not provide a report under the Public Sector Act 2009); and
(b)
on the activities of any NRM group within its region (and any NRM group need not provide a report under the Public Sector Act 2009).
(2)
The report must—
(a)
include an assessment of the extent to which the regional NRM board has succeeded in implementing its regional NRM plan; and
(b)
include the audited accounts and financial statements of the regional NRM board (together with any relevant accounts and financial information that relate to any NRM groups within its region); and
(c)
be accompanied by the annual reports of the NRM groups within its region; and
(d)
include other information required by or under this Act or the regulations.
(3)
The Minister must cause a copy of a report provided to the Minister under this section to be laid before both Houses of Parliament within 12 sitting days after receiving the report.
(4)
The relevant regional NRM board must ensure that a copy of any report within the ambit of subsection (3) is published on the regional NRM board's website within 5 business days after being laid before both Houses of Parliament under that subsection.

39Specific reports

(1)
The Minister may, by written notice to a regional NRM board, require the board to provide to the Minister, within a period stated in the notice or at stated intervals, any report or reports relating to the performance, exercise or discharge of its functions, powers or responsibilities, as the Minister thinks fit.
(2)
If a requirement is imposed under subsection (1), the regional NRM board must cause a statement of the fact of the imposition of the requirement to be published in its next annual report.

Division 10Related matters41Use of facilities

A regional NRM board may, by arrangement with the relevant body, make use of the services of the staff, equipment or facilities of—
(a)
an administrative unit in the Public Service; or
(b)
a public authority.

42Board's power to provide financial assistance etc

(1)
A regional NRM board may provide financial or any other form of assistance—
1. (a)
  to councils, persons carrying on business, community or volunteer groups or any other persons if the council, person or group is engaged in an activity, whether in the board's region or not, that will improve the state of any natural resources, or that relates in any other way to the management of natural resources, taking into account the provisions of the board's regional NRM plan; or
2. (b)
  to assist persons who have been detrimentally affected as a result of the board's implementation of its regional NRM plan; or
3. (c)
  in any other circumstances as the board thinks fit.
(2)
A regional NRM board may require a person who wishes to obtain financial or other assistance under subsection (1) to make a written submission to the board setting out—
1. (a)
  the nature of the assistance requested (and, in the case of financial assistance, the amount requested); and
2. (b)
  the purpose or purposes for which and the manner in which the assistance will be used; and
3. (c)
  the reasons why, in the applicant's opinion, the granting of the assistance by the board is justified.
(3)
A regional NRM board may make copies of submissions received by it under subsection (2) available for inspection and purchase by members of the public.
(4)
A regional NRM board may provide financial or other assistance on such conditions as the board thinks fit.
(5)
A regional NRM board must ensure that a report on any financial assistance provided under this section is included in its annual report.

43Assignment of responsibility for infrastructure to another person or body

(1)
A regional NRM board may assign any responsibility for the care, control or management of infrastructure—
1. (a)
  to an NRM group; or
2. (b)
  to an owner or occupier of land on which the infrastructure is situated if the relevant owner or occupier agrees to the assignment; or
3. (c)
  with the approval of the Minister, to a third party.
(2)
A regional NRM board must, before seeking the approval of the Minister under subsection (1)(c), give notice of the proposed assignment to any owner or occupier of the land and give consideration to any submission that he or she may make within a period (of at least 21 days) specified by the board, and then prepare a report on the matter (including details of any submission that has been made) for submission to the Minister.
(3)
An assignment under subsection (1)(b) or (c) will be effected by agreement entered into in accordance with the regulations.
(4)
An agreement under subsection (3) may include arrangements for access to the land on which the infrastructure is situated.
(5)
The Registrar-General must, on an application by the relevant regional NRM board, note an agreement under subsection (3) against the instrument of title for the land where the infrastructure is situated or, in the case of land not under the provisions of the Real Property Act 1886, against the land where the infrastructure is situated.
(6)
If a note has been entered under subsection (5), an arrangement for access to the relevant land is, despite the provisions of the Real Property Act 1886, binding on each owner of the land from time to time and on any occupier of the land.
(7)
The Registrar-General must, on the application of the relevant regional NRM board, enter a note of any rescission or amendment of an agreement under subsection (3) against the instrument of title, or against the land (but must otherwise ensure that the note is not removed once made).

44Appointment of body to act as a board

(1)
The Governor may, by regulations made on the recommendation of the Minister, appoint a body specified in the regulations to be a regional NRM board under this Act.
(2)
The regulation must—
(a)
identify the NRM region in relation to which the body is appointed; and
(b)
set out the functions of the body (if any) that are in addition to the functions prescribed by this Act.
(3)
The Governor may, by subsequent regulation made on the recommendation of the Minister, vary or revoke a regulation under this section.
(4)
A regulation revoking a regulation may provide that the assets, rights and liabilities of the body that relate to its functions under this Act will vest in or attach to—
(a)
the Crown; or
(b)
a Minister; or
(c)
with the agreement of the council or council subsidiary, a council or council subsidiary; or
(d)
any other agency or instrumentality of the Crown; or
(e)
any other person or body.
(5)
Division 4, Division 5, Division 6, Division 7 and Division 8, and the other provisions of this Division, and any other provisions of this Act prescribed by the regulations, apply to and in relation to a body appointed under this section as if it were a regional NRM board, subject to such exclusions or modifications as may be prescribed by the regulations.
(6)
A body appointed under this section is subject to direction by the Minister in performing its functions and exercising its powers under this Act.
(7)
If a body appointed under this section has been established by or under another Act and there is a conflict between a function of the body under that Act and a function of the body when acting as a regional NRM board under this Act, the body must perform its function under its originating Act in preference to its function under this Act.
(8)
If a body must perform a function under subsection (7) in preference to a function under this Act, the Chief Officer may, after consultation with the Minister, perform the relevant function under this Act as if the Chief Officer were constituted as a regional NRM board.

Part 4NRM groupsDivision 1Establishment of areas45Establishment of areas

(1)
A regional NRM board may, by notice in the Gazette, designate an area within its region as an area within which an NRM group will operate.
(2)
The relevant regional NRM board may, by subsequent notice in the Gazette—
(a)
vary the boundaries of an area established under this section;
(b)
abolish an area established under this section.
(3)
If a regional NRM board takes action under subsection (2), the board may, with the approval of the Minister, by notice in the Gazette, make provision for the transfer, appointment or adjustment of property, assets, rights, liabilities or expenses as between any specified NRM authorities (and any such notice will have effect according to its terms and despite any other Act, law, agreement or arrangement).
(4)
Subsection (3) does not limit or derogate from the powers of the Minister under another section of this Act.
(5)
A regional NRM board must, before publishing a notice under subsection (1) or (2), give any constituent council for the area, and Primary Producers SA Incorporated and the Conservation Council of South Australia, notice of the board's intention to publish a notice under the subsection and give consideration to any submission made by the relevant body within a period (being at least 21 days) specified in the notice.
(6)
Two or more regional NRM boards may jointly establish an area under this section (on the basis that the area of the group will include parts of the areas of each of the boards).
(7)
A regional NRM board must, in connection with the operation of this section—

1.7.2015
s 48
s 48(2)	amended by 29/2013 s 13(1)	16.8.2013
amended by 8/2015 s 164	1.7.2015
s 48(3)	deleted by 29/2013 s 13(2)	16.8.2013
s 48(6)	amended by 29/2013 s 13(3)	16.8.2013
s 49
s 49(1)	amended by 29/2013 s 14(1), (2)	16.8.2013
s 49(1a)	inserted by 29/2013 s 14(3)	16.8.2013
s 50	amended by 84/2009 s 234	1.2.2010
s 51A	inserted by 84/2009 s 235	1.2.2010
s 53
s 53(2)	amended by 24/2007 s 15	26.7.2007
s 56	substituted by 24/2007 s 16	26.7.2007
s 57 before deletion by 29/2013
s 57(1)	amended by 84/2009 s 236	1.2.2010
s 57(2)	substituted by 24/2007 s 17	26.7.2007
s 57	deleted by 29/2013 s 15	16.8.2013
Ch 3 Pt 6
s 69
s 69(1)	amended by 29/2013 s 16(1)	16.8.2013
s 69(9a)	inserted by 29/2013 s 16(2)	16.8.2013
s 72	deleted by 29/2013 s 17	16.8.2013
s 73	amended by 29/2013 s 18	16.8.2013
Ch 4
Ch 4 Pt 1
s 74
s 74(1)	amended by 8/2015 s 165(1)	1.7.2015
s 74(3)	amended by 8/2015 s 165(2)	1.7.2015
s 74(4)	amended by 8/2015 s 165(1)	1.7.2015
s 74(5)	deleted by 8/2015 s 165(3)	1.7.2015
s 74(6)	amended by 8/2015 s 165(1)	1.7.2015
s 74(7)	substituted by 8/2015 s 163(4)	1.7.2015
s 74(8)	amended by 8/2015 s 165(1)	1.7.2015
s 74(9)	amended by 8/2015 s 165(5)	1.7.2015
s 74(10)	amended by 8/2015 s 165(6)	1.7.2015
s 74(11) and (13)	amended by 8/2015 s 165(1)	1.7.2015
s 74(14)	amended by 8/2015 s 165(7)	1.7.2015
Ch 4 Pt 2
s 75
s 75(1)	amended by 29/2013 s 19(1)	16.8.2013
s 75(3)	amended by 79/2005 Sch 1 cl 3	12.1.2006
amended by 29/2013 s 19(2)—(8)	16.8.2013
s 75(3a)	inserted by 29/2013 s 19(9)	16.8.2013
s 75(5)	amended by 60/2007 Sch 1 cl 41	6.11.2008
amended by 1/2012 Sch 1 cl 4	26.4.2012
s 75(7)	amended by 8/2015 s 166	1.7.2015
s 76
s 76(4)	amended by 79/2005 Sch 1 cl 4	12.1.2006
amended by 24/2007 s 18(1), (2)	1.7.2009
(f) and (g) deleted by 24/2007 s 18(3)	1.7.2009
amended by 29/2013 s 20(1), (2)	16.8.2013
s 76(4a)—(4e)	inserted by 24/2007 s 18(4)	1.7.2009
s 76(8)	amended by 24/2007 s 18(5)	1.7.2009
s 76(8a)	inserted by 29/2013 s 20(3)	16.8.2013
s 76(9)—(14)	inserted by 44/2011 s 5	17.9.2012
s 78 before deletion by 29/2013
s 78(4)	(a) deleted by 79/2005 Sch 1 cl 5	12.1.2006
s 78	deleted by 29/2013 s 21	16.8.2013
s 79
s 79(1)	substituted by 29/2013 s 22(1)	16.8.2013
s 79(1a)	inserted by 29/2013 s 22(1)	16.8.2013
s 79(2)	substituted by 79/2005 Sch 1 cl 6(1)	12.1.2006
s 79(3)—(5)	deleted by 79/2005 Sch 1 cl 6(1)	12.1.2006
s 79(6)	(a)(ii) deleted by 79/2005 Sch 1 cl 6(2)	12.1.2006
amended by 29/2013 s 22(2)	16.8.2013
(a)(iv) deleted by 8/2015 s 167(1)	1.7.2015
s 79(10)	substituted by 29/2013 s 22(3)	16.8.2013
s 79(12) and (13)	amended by 8/2015 s 167(2)	1.7.2015
s 79(19)	inserted by 29/2013 s 22(4)	16.8.2013
s 80
s 80(1)	amended by 29/2013 s 23	16.8.2013
deleted by 8/2015 s 168(1)	1.7.2015
s 80(2)	amended by 8/2015 s 168(2)	1.7.2015
s 80(3)	amended by 8/2015 s 168(3)	1.7.2015
s 80(8)	amended by 24/2007 s 19	26.7.2007
s 80(17)—(20)	deleted by 79/2005 Sch 1 cl 7	12.1.2006
s 81
s 81(1)	amended by 29/2013 s 24(1)	16.8.2013
s 81(2)	deleted by 29/2013 s 24(2)	16.8.2013
s 81(3)	amended by 29/2013 s 24(3)	16.8.2013
s 81(4)	amended by 29/2013 s 24(4)	16.8.2013
s 81(5)	deleted by 8/2015 s 169(1)	1.7.2015
s 81(7)	amended by 24/2007 s 20(1)—(3)	26.7.2007
amended by 29/2013 s 24(5)	16.8.2013
s 81(8)	amended by 8/2015 s 169(2)	1.7.2015
s 81(10)	amended by 29/2013 s 24(6), (7)	16.8.2013
s 82
s 82(2)	amended by 9/2012 Sch 2 cl 6(1)	1.1.2013
s 82(3)	substituted by 9/2012 Sch 2 cl 6(2)	1.1.2013
s 82(4)	amended by 9/2012 Sch 2 cl 6(3)	1.1.2013
s 84
s 84(2)	amended by 29/2013 s 25(1)	16.8.2013
s 84(3)	amended by 29/2013 s 25(2)	16.8.2013
s 87	amended by 41/2008 Sch 1 cl 8	15.12.2008
s 88
s 88(1)	amended by 9/2012 Sch 2 cl 7	1.1.2013
s 89
s 89(1)	amended by 8/2007 Sch 1 cl 2	1.7.2007
s 89(2)	amended by 24/2007 s 21(1)	26.7.2007
amended by 60/2007 Sch 1 cl 42	6.11.2008
amended by 41/2008 Sch 1 cl 9	15.12.2008
amended by 24/2007 s 21(2), (3)	1.7.2009
Ch 5
Ch 5 Pt 1
s 92
s 92(2)	amended by 24/2007 s 22(1)	26.7.2007
s 92(7a)	inserted by 24/2007 s 22(2)	26.7.2007
s 95
s 95(3)	amended by 8/2015 s 170	1.7.2015
s 97
s 97(4)	amended by 29/2013 s 26	16.8.2013
s 100
s 100(1)
levy	substituted by 29/2013 s 27	16.8.2013
s 100(2)	substituted by 24/2007 s 4	26.7.2007
substituted by 24/2007 s 23	1.7.2009
s 100(3) and (4)	deleted by 24/2007 s 23	1.7.2009
s 101
s 101(1)	amended by 24/2007 s 5(1)	26.7.2007
amended by 24/2007 s 24(1)	1.7.2009
amended by 44/2011 s 6	4.10.2013
s 101(4)	amended by 24/2007 s 24(2)	26.7.2007
s 101(5)	substituted by 24/2007 s 24(3)	1.7.2009
s 101(5a)	inserted by 24/2007 s 24(3)	1.7.2009
s 101(6)	substituted by 24/2007 s 24(3)	1.7.2009
s 101(6a)	inserted by 24/2007 s 24(3)	1.7.2009
s 101(7)	amended by 24/2007 s 24(4)	1.7.2009
s 101(10)	amended by 24/2007 s 5(2)	26.7.2007
deleted by 24/2007 s 24(5)	1.7.2009
s 101(15)	substituted by 24/2007 s 24(6)	1.7.2009
s 102	expired: s 102(8) (before deletion by 24/2007 s 25 could come into operation)—omitted under Legislation Revision and Publication Act 2002	(9.6.2008)
s 103
s 103(1)	amended by 24/2007 s 26(1)	1.7.2009
s 103(3)	substituted by 24/2007 s 26(2)	1.7.2009
s 103(4)	amended by 24/2007 s 26(3)	1.7.2009
s 103(7)	amended by 24/2007 s 26(4)	1.7.2009
s 103(8)	amended by 24/2007 s 26(5)	1.7.2009
s 104
s 104(1)	substituted by 24/2007 s 6(1)	26.7.2007
substituted by 24/2007 s 27(1)	1.7.2009
s 104(2)	substituted by 24/2007 s 27(1)	1.7.2009
s 104(4)	amended by 24/2007 s 6(2)	26.7.2007
substituted by 24/2007 s 27(2)	1.7.2009
s 104(5)	amended by 24/2007 s 27(3)	1.7.2009
s 104(6)—(8)	substituted by 24/2007 s 27(4)	1.7.2009
s 104(9)	amended by 24/2007 s 6(3)	26.7.2007
deleted by 24/2007 s 27(4)	1.7.2009
s 104(10a)	inserted by 44/2011 s 7	4.10.2013
s 104(11)	amended by 24/2007 s 27(5)	1.7.2009
s 106
s 106(1)	amended by 24/2007 s 28(1)	26.7.2007
amended by 29/2013 s 28	16.8.2013
s 106(2)	deleted by 82/2009 s 4	1.7.2010
s 106(11)	deleted by 24/2007 s 28(2)	1.7.2009
s 107	substituted by 24/2007 s 7	26.7.2007
substituted by 24/2007 s 29	1.7.2009
s 112 before substitution by 24/2007
s 112(1)	s 112 redesignated as s 112(1) by 24/2007 s 8	26.7.2007
s 112(2)—(4)	inserted by 24/2007 s 8	26.7.2007
s 112	substituted by 24/2007 s 30	1.7.2009
s 113
s 113(16)	deleted by 29/2016 Sch 2	4.7.2016
s 114
s 114(10)	amended by 24/2007 s 31	1.7.2009
s 115
s 115(1)	amended by 24/2007 s 9(1), (2)	26.7.2007
amended by 24/2007 s 32(1)	1.7.2009
s 115(2)	amended by 24/2007 s 32(2)	1.7.2009
s 115(3)	amended by 20/2005 s 28(1)	23.6.2005
amended by 24/2007 s 32(3)	1.7.2009
s 115(3a)	inserted by 20/2005 s 28(2)	23.6.2005
amended by 24/2007 s 32(4), (5)	1.7.2009
s 115(4)	amended by 24/2007 s 32(6)	1.7.2009
amended by 29/2013 s 29	16.8.2013
s 115(6)	inserted by 20/2005 s 28(3)	23.6.2005
Ch 6
s 122
s 122(4)	amended by 8/2015 s 171	1.7.2015
Ch 7
Ch 7 Pt 1
s 124
s 124(2a)	inserted by 8/2007 Sch 1 cl 3(1)	1.7.2007
s 124(3)	amended by 24/2007 s 33(1)	1.7.2009
amended by 29/2013 s 30	16.8.2013
s 124(6a)	inserted by 8/2007 Sch 1 cl 3(2)	1.7.2007
s 124(7)	amended by 24/2007 s 33(2)	1.7.2009
s 124(7a)	inserted by 44/2011 s 8	4.10.2013
s 125
s 125(4a)	inserted by 8/2007 Sch 1 cl 4	1.7.2007
s 125(5a)	inserted by 44/2011 s 9	4.10.2013
Ch 7 Pt 2
s 126
s 126(1)	amended by 24/2007 s 34	1.7.2009
s 127
s 127(1)	amended by 24/2007 s 10(1)	26.7.2007
amended by 24/2007 s 35(1), (2)	1.7.2009
s 127(3)	amended by 24/2007 s 35(4), (5)	26.7.2007
amended by 24/2007 s 35(3)	1.7.2009
s 127(5)	amended by 24/2007 s 35(6), (7)	26.7.2007
amended by 44/2011 s 10	1.7.2014
s 127(5a) and (5b)	inserted by 24/2007 s 35(8)	1.7.2009
s 127(6)	amended by 24/2007 s 10(2)	26.7.2007
amended by 24/2007 s 35(9)—(12)	1.7.2009
amended by 29/2013 s 31	16.8.2013
s 128
s 128(3)	amended by 8/2007 Sch 1 cl 5	1.7.2007
s 129
s 129(1)	amended by 24/2007 s 36	1.7.2009
amended by 8/2015 s 172	1.7.2015
s 129(3a)	inserted by 44/2011 s 11	4.10.2013
s 130
s 130(1)	amended by 24/2007 s 37(1)	1.7.2009
s 130(3)
relevant authority	amended by 24/2007 s 37(2), (3)	1.7.2009
s 135
s 135(4)	substituted by 29/2013 s 32	16.8.2013
s 135(7)	substituted by 41/2008 Sch 1 cl 10	15.12.2008
s 140	deleted by 24/2007 s 38	26.7.2007
Ch 7 Pt 3 before substitution by 24/2007
s 146
s 146(1)	amended by 8/2007 Sch 1 cl 6	1.7.2007
s 146(5)	substituted by 41/2008 Sch 1 cl 11	15.12.2008
s 146A	inserted by 24/2007 s 11	26.7.2007
s 152
s 152(1)	amended by 41/2008 Sch 1 cl 12	15.12.2008
s 156
s 156(1)	amended by 41/2008 Sch 1 cl 13	15.12.2008
s 157
s 157(9)	substituted by 12/2006 s 4	1.7.2006
s 160
s 160(1)	amended by 41/2008 Sch 1 cl 14	15.12.2008
Ch 7 Pt 3	substituted by 24/2007 s 39	1.7.2009
s 146
s 146(7)	amended by 41/2008 Sch 1 cl 16	1.7.2009
s 147
s 147(5)	substituted by 41/2008 Sch 1 cl 17	1.7.2009
s 146(7a)	inserted by 44/2011 s 12	4.10.2013
s 149
s 149(3)	amended by 41/2008 Sch 1 cl 18	1.7.2009
s 150
s 150(8)	amended by 41/2008 Sch 1 cl 19	1.7.2009
s 150(11)	amended by 9/2012 Sch 2 cl 8	1.1.2013
s 150(13)	amended by 29/2013 s 33(1)	16.8.2013
s 150(14a)	inserted by 29/2013 s 33(2)	16.8.2013
s 152
s 152(1)	amended by 29/2013 s 34(1)	16.8.2013
amended by 44/2011 s 13(1)	4.10.2013
s 152(2a)	inserted by 29/2013 s 34(2)	16.8.2013
s 152(7)	substituted by 29/2013 s 34(3)	16.8.2013
s 152(8)	inserted by 44/2011 s 13(2)	4.10.2013
s 154
s 154(3)	substituted by 41/2008 Sch 1 cl 20	1.7.2009
s 155
s 155(1)	amended by 41/2008 Sch 1 cl 21	1.7.2009
s 156
s 156(3)	amended by 41/2008 Sch 1 cl 22	1.7.2009
s 157
s 157(5)	amended by 41/2008 Sch 1 cl 23	1.7.2009
s 157(7)	amended by 9/2012 Sch 2 cl 9	1.1.2013
s 159
s 159(5)	substituted by 41/2008 Sch 1 cl 24	1.7.2009
s 161
s 161(1)	amended by 29/2013 s 35(1)	16.8.2013
s 161(3)	amended by 41/2008 Sch 1 cl 25	1.7.2009
s 161(4)	amended by 29/2013 s 35(2)	16.8.2013
s 164A
s 164A(5)	substituted by 41/2008 Sch 1 cl 26	1.7.2009
s 164C
s 164C(3)	amended by 41/2008 Sch 1 cl 27	1.7.2009
s 164G
s 164G(5)	substituted by 41/2008 Sch 1 cl 28	1.7.2009
s 164J
s 164J(3)	amended by 41/2008 Sch 1 cl 29	1.7.2009
s 164K
s 164K(7)	amended by 41/2008 Sch 1 cl 30	1.7.2009
s 164K(10)	amended by 9/2012 Sch 2 cl 10	1.1.2013
s 164N
s 164N(12)	inserted by 29/2013 s 36	16.8.2013
Ch 7 Pt 4
s 167
s 167(1)	amended by 24/2007 s 40(1), (3)	1.7.2009
(e) deleted by 24/2007 s 40(2)	1.7.2009
amended by 29/2013 s 37	16.8.2013
Ch 7 Pt 5A	inserted by 44/2011 s 14	4.10.2013
Ch 7 Pt 5B	Pt 5A inserted by 13/2009 Sch 1 cl 2	23.4.2009
Pt 5A redesignated as Pt 5B by 44/2011 s 15	4.10.2013
s 169N	s 169A redesignated as s 169N by 44/2011 s 16	4.10.2013
s 169O	s 169B inserted by 14/2009 Sch 1 cl 2	23.4.2009
s 169B redesignated as s 169O by 44/2011 s 17	4.10.2013
Ch 7 Pt 6
s 171
s 171(7)	amended by 29/2013 s 38	16.8.2013
s 173	amended by 24/2007 s 41	1.7.2009
(b) deleted by 9/2012 Sch 2 cl 11	1.1.2013
s 173A	inserted by 11/2011 s 51	16.6.2011
Ch 8
Ch 8 Pt 1
s 174
s 174(7)	amended by 24/2007 s 42	26.7.2007
Ch 8 Pt 2
s 175
s 175(2)	amended by 29/2013 s 39(1)—(3)	16.8.2013
s 176
s 176(1)	substituted by 29/2013 s 40	16.8.2013
s 176(1a)	inserted by 29/2013 s 40	16.8.2013
s 177
s 177(2)	amended by 29/2013 s 41	16.8.2013
s 178
s 178(1)	amended by 24/2007 s 43(1)	26.7.2007
s 178(2)	amended by 24/2007 s 43(2)	26.7.2007
s 179
s 179(a1)	inserted by 29/2013 s 42(1)	16.8.2013
s 179(3)	amended by 24/2007 s 44	26.7.2007
amended by 29/2013 s 42(2)	16.8.2013
s 179(4)	amended by 29/2013 s 42(3)	16.8.2013
s 179(5)	amended by 29/2013 s 42(4)	16.8.2013
s 179(8)	amended by 29/2013 s 42(5)	16.8.2013
s 181
s 181(a1)	inserted by 29/2013 s 43(1)	16.8.2013
s 181(3)	amended by 29/2013 s 43(2)	16.8.2013
Ch 9
Ch 9 Pt 1
s 193
s 193(1)	amended by 44/2011 s 18	4.10.2013
s 195
s 195(1)	amended by 44/2011 s 19	4.10.2013
s 197
s 197(1)	amended by 44/2011 s 20	4.10.2013
Ch 9 Pt 2
s 201
s 201(5)	amended by 17/2006 s 172(1)	4.9.2006
s 201(6)	amended by 17/2006 s 172(2)	4.9.2006
s 201(9)	amended by 17/2006 s 172(3)	4.9.2006
Ch 10
s 202
s 202(1)	amended by 24/2007 s 45(1)—(4)	1.7.2009
(b)(iv) deleted by 24/2007 s 45(1)	1.7.2009
amended by 44/2011 s 21(1), (2)	4.10.2013
s 202(2)	amended by 24/2007 s 45(5)	1.7.2009
s 202(3)	amended by 24/2007 s 45(6)	1.7.2009
Ch 12
Ch 12 Pt 2
s 211
s 211(1)	amended by 24/2007 s 46(1)	1.7.2009
s 211(2)	amended by 24/2007 s 46(2), (3)	1.7.2009
s 212
s 212(3) and (4)	deleted by 84/2009 s 237	1.2.2010
s 216	amended by 44/2011 s 22	4.10.2013
s 218
s 218(1)	s 218 redesignated as s 218(1) by 16/2013 s 71	17.6.2013
s 218(2)	inserted by 16/2013 s 71	17.6.2013
s 219	substituted by 16/2013 s 72	17.6.2013
s 223
s 223(2)	amended by 8/2007 Sch 1 cl 7	1.7.2007
s 226
s 226(1)	amended by 24/2007 s 47(1)	1.7.2009
amended by 44/2011 s 23	4.10.2013
s 226(1a) and (1b)	inserted by 24/2007 s 47(2)	1.7.2009
s 226(2)	amended by 24/2007 s 47(3)	1.7.2009
s 226(3a)	inserted by 24/2007 s 47(4)	1.7.2009
s 226(5)	substituted by 24/2007 s 47(5)	1.7.2009
s 226(6)	inserted by 24/2007 s 47(5)	1.7.2009
s 228	deleted by 8/2015 s 173	1.7.2015
s 234	deleted by 29/2013 s 44	16.8.2013
Sch 1
cl 1
prescribed body	(a) deleted by 8/2015 s 174	1.7.2015
cl 5	deleted by 84/2009 s 238	1.2.2010
Sch 3A	inserted by 24/2007 s 48	1.7.2009 except cll 6(e), (f), 8—15—uncommenced
cl 6	amended by 44/2011 s s 24(1)	uncommenced—not incorporated
cl 15
cl 15(1)	amended by 44/2011 s 24(2)	uncommenced—not incorporated
cl 15(2)	amended by 44/2011 s 24(3)	uncommenced—not incorporated
Sch 4
Pts 1—16	omitted under Legislation Revision and Publication Act 2002	1.7.2005
Pt 18
cl 45
cl 45(7) and (8)	substituted by 24/2007 s 49(1)	26.7.2007
cl 45(9)	deleted by 24/2007 s 49(1)	26.7.2007
cl 56
cl 56(1)	amended by 24/2007 s 49(2)	26.7.2007
amended by 8/2015 s 175(1)	1.7.2015
cl 56(2)	amended by 24/2007 s 49(3)	26.7.2007
cl 56(4)	substituted by 24/2007 s 49(4)	26.7.2007
cl 56(5)	inserted by 24/2007 s 49(4)	26.7.2007
deleted by 8/2015 s 175(2)	1.7.2015
cl 57	inserted by 3/2007 s 3	1.3.2007

Transitional etc provisions associated with Act or amendments

Statutes Amendment (Environment and Conservation Portfolio) Act 2005, Sch 1

1—Transitional provision relating to Natural Resources Management Act 2004 and Water Resources Act 1997
The penalties declared by the relevant Minister under section 132(1)(a) of the Water Resources Act 1997 with respect to the taking of water in the consumption period that corresponds to the 2003/2004 financial year accounting period (as defined for the purposes of that section) will continue to apply for the purposes of the Water Resources Act 1997 or the Natural Resources Management Act 2004 (as the case requires) in respect of succeeding consumption periods until a new penalty is declared by the relevant Minister (either under section 132(1)(a) of the Water Resources Act 1997 or section 115(1)(a) of the Natural Resources Management Act 2004 (as the case requires)).

Natural Resources Management (Transfer of Water Licences) Amendment Act 2006, Sch 1

1—Transitional provision

The amendment made to the Natural Resources Management Act 2004 by this Act applies with respect to the transfer of a water licence, or of the whole or part of the water allocation of a water licence, effected by an instrument executed after the commencement of this Act.

Statutes Amendment (Public Sector Employment) Act 2006, Sch 1—Transitional provisions

Note—

Also see Statutes Amendment (Public Sector Employment) (Transitional Provisions) Regulations 2007.

1—Interpretation

In this Part, unless the contrary intention appears—
Commonwealth Act means the Workplace Relations Act 1996 of the Commonwealth;
employing authority means—
(a)
subject to paragraph (b)—the person who is the employing authority under a relevant Act;
(b)
in a case that relates to employment under the Fire and Emergency Services Act 2005—the Chief Executive of the South Australian Fire and Emergency Services Commission, or the Chief Officer of an emergency services organisation under that Act, as the case requires;
Industrial Commission means the Industrial Relations Commission of South Australia;
prescribed body means—
(a)
the Aboriginal Lands Trust;
(b)
the Adelaide Cemeteries Authority;
(c)
the Adelaide Festival Centre Trust;
(d)
the Adelaide Festival Corporation;
(e)
SA Ambulance Service Inc;
(f)
the Minister to whom the administration of the Children's Services Act 1985 is committed;
(g)
the Minister to whom the administration of the Education Act 1972 is committed;
(h)
the Electricity Supply Industry Planning Council;
(i)
a body constituted under the Fire and Emergency Services Act 2005;
(j)
the History Trust of South Australia;
(k)
the Institute of Medical and Veterinary Science;
(l)
a regional NRM board constituted under the Natural Resources Management Act 2004;
(m)
the Senior Secondary Assessment Board of South Australia;
(n)
the South Australian Country Arts Trust;
(o)
the South Australian Film Corporation;
(p)
the South Australian Health Commission;
(q)
an incorporated hospital under the South Australian Health Commission Act 1976;
(r)
an incorporated health centre under the South Australian Health Commission Act 1976;
(s)
the South Australian Motor Sport Board;
(t)
the South Australian Tourism Commission;
(u)
The State Opera of South Australia;
(v)
the State Theatre Company of South Australia;
(w)
the Minister to whom the administration of the Technical and Further Education Act 1975 is committed;
relevant Act means—
(a)
in a case that relates to employment with a prescribed body established under an Act being amended by this Act—that Act;
(b)
in a case that relates to employment with a prescribed body who is a Minister to whom the administration of an Act being amended by this Act is committed—that Act;

(c)
in a case that relates to employment with a body constituted under the Fire and Emergency Services Act 2005—that Act.

2—Transfer of employment

(1)
Subject to this clause, a person who, immediately before the commencement of this clause, was employed by a prescribed body under a relevant Act will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act).
(2)
The following persons will, on the commencement of this clause, be taken to be employed as follows:
(a)
a person who, immediately before the commencement of this clause, was employed under section 6L(1) of the Electricity Act 1996 will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act);
(b)
a person who, immediately before the commencement of this clause, was employed by the South Australian Fire and Emergency Services Commission will, on that commencement, be taken to be employed by the Chief Executive of that body;
(c)
a person who, immediately before the commencement of this clause, was employed by an emergency services organisation under the Fire and Emergency Services Act 2005 will, on that commencement, be taken to be employed by the Chief Officer of that body;
(d)
a person who, immediately before the commencement of this clause, was employed by an incorporated hospital or an incorporated health centre under the South Australian Health Commission Act 1976 will, on that commencement, be taken to be employed by an employing authority under that Act (as amended by this Act) designated by the Governor by proclamation made for the purposes of this paragraph.
(3)
Subject to this clause, the Governor may, by proclamation, provide that a person employed by a subsidiary of a public corporation under the Public Corporations Act 1993 will be taken to be employed by a person or body designated by the Governor (and the arrangement so envisaged by the proclamation will then have effect in accordance with its terms).
(4)
Subject to subclause (5), an employment arrangement effected by subclause (1), (2) or (3)—
(a)
will be taken to provide for continuity of employment without termination of the relevant employee's service; and
(b)
will not affect—
(i)
existing conditions of employment or existing or accrued rights to leave; or
(ii)
a process commenced for variation of those conditions or rights.
(5)
If, immediately before the commencement of this clause, a person's employment within the ambit of subclause (1), (2) or (3) was subject to the operation of an award or certified agreement (but not an Australian Workplace Agreement) under the Commonwealth Act, then, on that commencement, an award or enterprise agreement (as the case requires) will be taken to be created under the Fair Work Act 1994—
(a)
with the same terms and provisions as the relevant industrial instrument under the Commonwealth Act; and
(b)
with any terms or provisions that existed under an award or enterprise agreement under the Fair Work Act 1994, that applied in relation to employment of the kind engaged in by the person, immediately before 27 March 2006, and that ceased to apply by virtue of the operation of provisions of the Commonwealth Act that came into force on that day,
subject to any modification or exclusion prescribed by regulations made for the purposes of this subclause and subject to the operation of subclause (6).
(6)
Where an award or enterprise agreement is created by virtue of the operation of subclause (5)—
(a)
the award or enterprise agreement will be taken to be made or approved (as the case requires) under the Fair Work Act 1994 on the day on which this clause commences; and
(b)
the Fair Work Act 1994 will apply in relation to the award or enterprise agreement subject to such modifications or exclusions as may be prescribed by regulations made for the purposes of this subclause; and
(c)
the Industrial Commission may, on application by the Minister to whom the administration of the Fair Work Act 1994 is committed, or an application by a person or body recognised by regulations made for the purposes of this subclause, vary or revoke any term or provision of the award or enterprise agreement if the Industrial Commission is satisfied that it is fair and reasonable to do so in the circumstances.

3—Superannuation

(1)
If a prescribed body under a relevant Act is, immediately before the commencement of this clause, a party to an arrangement relating to the superannuation of one or more persons employed by the prescribed body, then the relevant employing authority under that Act will, on that commencement, become a party to that arrangement in substitution for the prescribed body.
(2)
Nothing that takes effect under subclause (1)—
(a)
constitutes a breach of, or default under, an Act or other law, or constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or
(b)
terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy,
and subclause (1) may have effect despite any other Act or law.
(3)
An amendment effected to another Act by this Act does not affect a person's status as a contributor under the Superannuation Act 1988 (as it may exist immediately before the commencement of this Act).

4—Interpretative provision

(1)
The Governor may, by proclamation, direct that a reference in any instrument (including a statutory instrument) or a contract, agreement or other document to a prescribed body, or other specified agency, instrumentality or body, will have effect as if it were a reference to an employing authority under a relevant Act, the Minister to whom the administration of a relevant Act is committed, or some other person or body designated by the Governor.
(2)
A proclamation under subclause (1) may effect a transfer of functions or powers.

5—Related matters

(1)
A notice in force under section 51 of the Children's Services Act 1985 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.
(2)
A notice in force under section 28 of the Institute of Medical and Veterinary Science Act 1982 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.
(3)
A notice in force under section 61 of the South Australian Health Commission Act 1976 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.
(4)
A notice in force under section 13(6) of the South Australian Motor Sport Act 1984 immediately before the commencement of this clause will continue to have effect after that commencement but may, pursuant to this subclause, be varied from time to time, or revoked, by the Minister to whom the administration of that Act is committed.
(5)
The fact that a person becomes an employer in his or her capacity as an employing authority under an Act amended by this Act does not affect the status of any body or person as an employer of public employees for the purposes of the Fair Work Act 1994 (unless or until relevant regulations are made under the provisions of that Act).

6—Other provisions

(1)
The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.
(2)
A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.
(3)
To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
(a)
decreasing the person's rights; or
(b)
imposing liabilities on the person.
(4)
The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Act.

Natural Resources Management (Water Resources and Other Matters) Amendment Act 2007, Sch 1

Note—

Clause 6 had not come into operation at the date of the publication of this version.

4—Interpretation

In this Part—
licence means a water licence granted under the principal Act;
principal Act means the Natural Resources Management Act 2004;
relevant day means the day on which this Part comes into operation.

5—Water licences

(1)
A licence in force under section 146 of the principal Act immediately before the relevant day will continue as a licence under the principal Act as amended by this Act.
(2)
The following provisions apply in connection with the operation of subclause (1):
(a)
until the Minister otherwise determines, a licence under subclause (1) (as in force under the principal Act as amended by this Act)—
(i)
need not make express provision for a water access entitlement in the manner contemplated by section 146(2) (as enacted by this Act); and
(ii)
will be subject to the conditions that applied immediately before the relevant day, unless or until varied by determination of the Minister (either under the principal Act or under this clause); and
(iii)
will be taken to provide the holder of the licence with a water allocation in the manner contemplated by section 152 (as enacted by this Act), subject to such action as the Minister may take, by determination, to convert a water (holding) allocation to a water (taking) and subject to such provisions or modifications as may be prescribed under clause 56 of Schedule 4 of the principal Act; and
(b)
until the Minister otherwise determines, the holder of a licence under subclause (1) (as in force under the principal Act as amended by this Act)—
(i)
may proceed to construct, maintain or operate any works for the purposes of taking water or surface water (as the case may be) under the terms of the licence without the authority of a water resource works approval; and
(ii)
may use water or surface water (as the case may be) under the terms of the licence without the authority of a site use approval.
(3)
A determination of the Minister under this clause—
(a)
may be of general or limited application; and
(b)
may make different provision according to the matters or circumstances which it is expressed to apply; and
(c)
may be made from time to time; and
(d)
may provide for other matters of an ancillary or incidental nature.

6—The Water Register

(1)
The Minister may, by notice in the Gazette, convert an interest constituting a mortgage or charge over a water entitlement registered under section 226 of the principal Act before the commencement of this clause to a security interest registered on The Water Register under Schedule 3A of the principal Act (as enacted by this Act).
(2)
A notice under subclause (1) may be expressed to apply to specified classes of interests.
(3)
In this clause—
water entitlement means a water licence or a water allocation (or part of a water allocation).

Natural Resources Management (Review) Amendment Act 2013, Sch 1—Transitional provision

1—Presiding member of NRM Council to continue

Despite section 13(7a) of the Natural Resources Management Act 2004 as enacted by this Act, the presiding member of the NRM Council immediately before the commencement of this clause (being the member referred to in section 13(2)(a) of that Act) will continue as the presiding member of the NRM Council until—
(a)
he or she is removed from office, or his or her office is vacated, under section 14 of that Act; or
(b)
the expiration of his or her current term of office,
whichever occurs first.

Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015

176—Transitional provision

A member of the Natural Resources Management Council ceases to hold office on the commencement of this section.

Historical versions

1.7.2005
12.1.2006
2.2.2006
1.7.2006
4.9.2006
1.3.2007
1.4.2007
1.6.2007
1.7.2007
26.7.2007
6.11.2008
15.12.2008
23.4.2009
1.7.2009
1.2.2010
1.7.2010
16.6.2011
26.4.2012
17.9.2012
1.1.2013
17.6.2013
16.8.2013
4.10.2013
1.7.2014
1.7.2015