Natural Resources Management (General) Variation Regulations 2007 (SA)

South Australia

Natural Resources Management (General) Variation Regulations 2007

under the Natural Resources Management Act 2004

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Natural Resources Management (General) Regulations 2005

1. Insertion of Part 5A

   Part 5A—Water conservation

   Division 1—Water restrictions

   22BRestriction on use of River Murray water

   Division 2—Licence conditions—water conservation

   22CLicence conditions

2. Insertion of Schedules 5 and 6

   Schedule 5—Water restrictions

   Schedule 6—Water efficiency plans

   1Preparation of water efficiency plans

   2Contents of water efficiency plans

Part 1—Preliminary

1—Short title

These regulations may be cited as the Natural Resources Management (General) Variation Regulations 2007.

2—Commencement

These regulations will come into operation on 1 July 2007.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Natural Resources Management (General) Regulations 2005

4—Insertion of Part 5A

After Part 5 insert:

Part 5A—Water conservation

Division 1—Water restrictions

22B—Restriction on use of River Murray water

(1)Pursuant to section 233 of the Act, if water is used for a purpose listed in column 1 of the table in Schedule 5, that use must not be other than in accordance with column 2 of the table.

(2)A person must not use water in contravention of subregulation (1).

Maximum penalty:

(a)in the case of a body corporate—$10 000;

(b)in the case of a natural person—$5 000.

Expiation fee: $315.

(3)Nothing in this regulation derogates from a restriction on the use of water imposed under the Act or by a notice by the South Australian Water Corporation under the Waterworks Act 1932.

(4)In this regulation—

water means water taken from the River Murray prescribed watercourse in accordance with the Act.

Division 2—Licence conditions—water conservation

22C—Licence conditions

(1)This regulation applies to any water licence authorising the taking of water from the River Murray prescribed watercourse that falls within any class of licences determined by the Minister from time to time, by notice in the Gazette, as being within the ambit of this regulation.

(2)For the purposes of section 146(6)(d) of the Act, it is a condition of a licence to which this regulation applies that the licensee must prepare and submit to the Minister for approval a draft water efficiency plan in accordance with Schedule 6.

(3)A licensee who fails to comply with a condition of his or her licence under subregulation (2) is guilty of an offence.

Maximum penalty:

(a)in the case of a body corporate—$10 000;

(b)in the case of a natural person—$5 000.

Expiation fee: $315.

(4)The Minister may—

(a)approve a draft water efficiency plan submitted by a licensee under this regulation without alteration or with such alteration as the Minister thinks fit; or

(b)refer the draft water efficiency plan back to the licensee for further consideration in accordance with any requirement determined by the Minister.

(5)A licensee who fails to comply with a requirement imposed under subregulation (4)(b) is guilty of an offence.

Maximum penalty:

(a)in the case of a body corporate—$10 000;

(b)in the case of a natural person—$5 000.

Expiation fee: $315.

(6)Before making any alterations to the draft water efficiency plan, the Minister must consult with the licensee who submitted the plan.

(7)A licensee may submit to the Minister for approval a substitute water efficiency plan, or a variation of a water efficiency plan, at any time while that water efficiency plan is in force.

(8)If the Minister approves a draft water efficiency plan, a draft substitute water efficiency plan or a draft variation of a water efficiency plan, the Minister must, by notice in writing given within 14 days after approving the plan or variation, advise the licensee who submitted the plan or variation—

(a)that the Minister has approved the plan or variation (as the case requires); and

(b)the day on which the plan or variation (as the case requires) was approved.

(9)A water efficiency plan approved under this regulation is in force from the day on which the Minister gives notice under subregulation (8), and expires—

(a)on the fifth anniversary of that day; or

(b)on such earlier day as may be specified by the Minister by notice in writing given to the licensee who submitted the plan.

(10)A substitute water efficiency plan, or an amendment to a water efficiency plan, is in force from the day on which the Minister gives notice under subregulation (8) and expires on the same day as the original water efficiency plan.

(11)Pursuant to section 232 of the Act, section 127(6)(b) of the Act does not apply in relation to a breach of a licence condition imposed by this regulation.

5—Insertion of Schedules 5 and 6

After Schedule 4 insert:

Schedule 5—Water restrictions

Purpose

Water restrictions

Gardens and lawns

Watering cans and buckets may be used at any time to water outdoor trees, shrubs and plants (other than lawns).

Hard surfaces

Water must not be used to wash paved or concreted areas, decking, walls or roofs of a building at any time unless it is necessary to do so to protect public health, ensure safety of people using the area, ensure the health and welfare of animals using the area or in case of accident, fire or other emergency.

Windows may be cleaned from a bucket filled directly from a tap.

Fountains and ponds

A fountain, pond or water feature that does not recycle water must not be operated and must not be topped up unless it supports fish.

The level of water in a fountain, pond or water feature that recycles water may be topped up only with water from a hand held hose or bucket.

Fountains, ponds and water features must not be refilled after emptying.

Swimming pools and spas

Existing pools and spas must not be refilled from empty.

The level of water in a swimming pool or spa that has been previously filled with water may be topped up or maintained only with water from a hand held hose or bucket.

New pools or spas may be filled only with written authority from the Department of Water, Land and Biodiversity Conservation.

Written authority will not be granted unless there is proof a cover has been purchased to prevent water loss through evaporation.

Children’s wading pools must not be filled with more than 250 litres of water.

Washing cars and boats

Water must not be used to wash a vehicle except by means of a commercial car wash or a bucket filled directly from a tap.

Hoses are not to be used.

Boat owners are permitted to flush out motors and rinse off metal parts to prevent corrosion.

Building development/construction activities

Water must not be used for dust suppression and compaction unless it is applied from a hand held hose fitted with a trigger nozzle or directly from a motor vehicle designed and approved to carry/deposit water.

Commercial nurseries and garden centres

Hand held hoses fitted with a trigger nozzle, watering cans, buckets and drip-watering systems may be used at any time to water plants in commercial nurseries and garden centres. Sprinkler systems may be used between the hours of 8 p.m. and 8 a.m.

On days when the maximum temperature is forecast to exceed 30 degrees sprinkler systems may also be used between the hours of 1 p.m. and 2 p.m.

Caravan and camping sites

October-March

Grassed sites that have been damaged by cars, caravans and/or tents may be watered with a sprinkler for not more than 30 minutes on the day the area is vacated. If grassed areas are not being used then they may be watered with a sprinkler no more than once per week, for no more than 30 minutes at any time.

April-September

Grassed sites that have been damaged by cars, caravans and tents may be watered with a sprinkler no more than once per week at any time for no more than 30 minutes at any time.

Schedule 6—Water efficiency plans

1—Preparation of water efficiency plans

A draft water efficiency plan must be prepared and submitted to the Minister for approval—

(a)in the case of a new water efficiency plan—not later than the date specified by the Minister by notice in the Gazette; or

(b)in the case of a water efficiency plan that is to replace an expiring plan—not later than the day on which the existing water efficiency plan expires.

2—Contents of water efficiency plans

A draft water efficiency plan must include the following information:

(a)a description of the licensee’s current water usage;

(b)a list of water savings measures (expressed in terms of water saved, cost effectiveness and potential benefits) that the licensee proposes to implement in the 5 year period following approval of the water efficiency plan (including initial set up costs and annual costs for each measure and time frames for implementation);

(c)any other information required by the Minister by notice in the Gazette, or by notice in writing given to the licensee.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 28 June 2007

No 191 of 2007