Water Resources (Far North Prescribed Wells Area) Regulations 2003 (SA)

South Australia

Water Resources (Far North Prescribed Wells Area) Regulations 2003

under the Water Resources Act 1997

Contents

Preamble

1Short title

2Commencement

3Interpretation

4Declaration of prescribed wells and exclusion of operation of section 7(5) of Act

5Establishment and prescribed periods

Schedule—Revocation of proclamations and regulations

Part 1—Revocation of proclamations

1Revocation of proclamation made under the Water Resources Act 1976

2Revocation of proclamation made under the Water Resources Act 1990

Part 2—Revocation of regulations

3Revocation of Water Resources (Roxby Downs Exemption) Regulations 1997 (Gazette 26.6.1997 p3255)

Legislative history

Preamble

1The Roxby Downs (Indenture Ratification) Act 1982 (the Indenture Ratification Act), among other things—

(a)ratifies and approves the Indenture, as varied, amended or replaced from time to time (the Indenture); and

(b)provides that the law of the State is to be construed subject to the provisions of the Indenture and, in the case of any inconsistency between the provision of a State Act or law and the Indenture, the provisions of the Indenture will prevail.

2The Indenture sets out various matters relevant to water requirements for projects undertaken by the Joint Venturers (within the meaning of the Indenture Ratification Act).

3In particular, clause 13 of the Indenture includes provisions—

(a)for the granting to the Joint Venturers of Special Water Licences to draw water from designated areas; and

(b)for every well in a designated area, not already proclaimed under the Water Resources Act 1976 (the 1976 Act) or the Water Resources Act 1990 (the 1990 Act), to be declared a proclaimed well under the 1990 Act.

4In accordance with the Indenture—

(a)a Special Water Licence was granted to the Joint Venturers in respect of a designated area and the designated area was declared by proclamation under section 41 of the 1976 Act to be the Curdimurka Proclaimed Region (Gazette 24.1.1985 p161); and

(b)a Special Water Licence was granted to the Joint Venturers in respect of another designated area and that designated area was declared by proclamation under section 33 of the 1990 Act to be the Muloorina Proclaimed Wells Area (Gazette 25.1.1996 p807).

5It is now appropriate to make a regulation under section 8 of the Water Resources Act 1997 (the current Act) declaring a number of other wells situated in the part of the State that encompasses the Curdimurka Proclaimed Region and Muloorina Proclaimed Wells Area to be proclaimed wells.

7The regulations to be made under the current Act will make the declarations of the Curdimurka Proclaimed Region and the Muloorina Proclaimed Wells Area otiose but will have no effect on the operation of the Special Water Licences referred to above or on any Special Water Licence granted to the Joint Venturers under the Indenture after the commencement of the regulations.

1—Short title

These regulations may be cited as the Water Resources (Far North Prescribed Wells Area) Regulations 2003.

2—Commencement

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

3—Interpretation

In these regulations—

Act means the Water Resources Act 1997;

Far North Prescribed Wells Area means the area bounded by the bold black line on GRO Plan No 593/2001.

4—Declaration of prescribed wells and exclusion of operation of section 7(5) of Act

(1)Pursuant to section 8 of the Act, wells situated in the Far North Prescribed Wells Area and wells drilled in that Area after the commencement of these regulations are declared to be prescribed wells.

(2)Pursuant to section 7(6) of the Act, the operation of section 7(5) of the Act is excluded in relation to any such prescribed well.

5—Establishment and prescribed periods

For the purposes of section 36 of the Act—

(a)the establishment period in relation to the Far North Prescribed Wells Area commenced on 1 January 1995 and ended at the commencement of the prescribed period; and

(b)the prescribed period in relation to the Far North Prescribed Wells Area commenced on 20 December 2001 and will end on 30 December 2005.

Schedule—Revocation of proclamations and regulations

Part 1—Revocation of proclamations

1—Revocation of proclamation made under the Water Resources Act 1976

The proclamation made under section 41 of the Water Resources Act 1976 revoking a declaration of a proclaimed region and making a fresh declaration of Curdimurka Proclaimed Region (Gazette 24.1.1985 p161) is revoked.

2—Revocation of proclamation made under the Water Resources Act 1990

The proclamation made under section 33(2) of the Water Resources Act 1990 specifying part of the State as the Muloorina Proclaimed Wells Area (Gazette 25.1.1996 p807) is revoked.

Part 2—Revocation of regulations

3—Revocation of Water Resources (Roxby Downs Exemption) Regulations 1997 (Gazette 26.6.1997 p3255)

The Water Resources (Roxby Downs Exemption) Regulations 1997 (Gazette 26.6.1997 p3255) 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
2003	31	Gazette 27.3.2003 p1249	27.3.2003: r 2