Water Resources (Barossa Prescribed Water Resources Area) Regulations 2005 (SA)

South Australia

Water Resources (Barossa Prescribed Water Resources Area) Regulations 2005

under the Water Resources Act 1997

Contents

Preamble

1Short title

2Commencement

3Interpretation

4Barossa Prescribed Water Resources Area declarations

5Establishment and prescribed periods for Greenock Creek catchment area

Schedule 1—Revocation

1Revocation of proclamation

2Revocation of regulations

Legislative history

Preamble

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1—Short title

These regulations may be cited as the Water Resources (Barossa Prescribed Water Resources Area) Regulations 2005.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Interpretation

In these regulations, unless the contrary intention appears—

Act means the Water Resources Act 1997;

Barossa Prescribed Water Resources Area means—

(a)the area delineated and shown on GRO Plan No 327/1992 (the Barossa area);

(b)the area delineated and shown on GRO Plan No 128/2004 (the Greenock Creek catchment area);

revoked regulations means the Water Resources (Surface Water Prescribed Area—Barossa) Regulations 1998 revoked by Schedule 1.

4—Barossa Prescribed Water Resources Area declarations

(1)Pursuant to section 8(1) of the Act—

(a)the North Para River, and its tributaries, within the Barossa area are declared to be prescribed watercourses1; and

(b)wells situated in the Barossa area and wells drilled in that area after the commencement of these regulations are declared to be prescribed wells1; and

(c)all watercourses in the Greenock Creek catchment area are declared to be prescribed watercourses.

(2)Pursuant to section 8(2) of the Act, the Barossa Prescribed Water Resources Area is declared to be a surface water prescribed area.

(3)The operation of section 7(5) of the Act is not excluded in relation to the Barossa Prescribed Water Resources Area.

Note—

1See the proclamation referred to in clause 1 of the preamble.

5—Establishment and prescribed periods for Greenock Creek catchment area

(1)The establishment period1 for the Greenock Creek catchment area commenced on 18 February 1999 and ended at the commencement of the prescribed period (20 May 2004).

(2)The prescribed period2 for the Greenock Creek catchment area commenced on 20 May 2004 and will end 3 years from the day on which these regulations come into operation.

Notes—

1The establishment period for that part of the Barossa Prescribed Water Resources Area that is the Barossa area commenced on 5 December 1991 and ended at the commencement of the prescribed period (18 December 1997) (see regulation 4 of the revoked regulations).

2The prescribed period for that part of the Barossa Prescribed Water Resources Area that is the Barossa area commenced on 18 December 1997 and ended on 31 December 1999 (see regulation 4 of the revoked regulations).

Schedule 1—Revocation

1—Revocation of proclamation

The proclamation referred to in clause 1 of the preamble is revoked.

2—Revocation of regulations

The Water Resources (Surface Water Prescribed Area—Barossa) Regulations 1998 are revoked.

Legislative history

Notes

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.

Principal regulations

Year	No	Reference	Commencement
2005	34	Gazette 19.5.2005 p1295	19.5.2005:  r 2