Water Resources (Northern Adelaide Plains Prescribed Wells Area) Regulations 2004 (SA)

South Australia

Water Resources (Northern Adelaide Plains Prescribed Wells Area) Regulations 2004

under section 8 and Schedule 2, clause 2 of the Water Resources Act 1997

 

Preamble

1A proclamation was made pursuant to section 41 of the Water Resources Act 1976 (the 1976 Act) declaring an area of the State to be the Northern Adelaide Plains Proclaimed Region for the purposes of that Act.

2Schedule 3, clause 2 of the Water Resources Act 1997 (the current Act) provides—

(a)that a proclamation under section 41 of the 1976 Act in force immediately before the commencement of the current Act continues in force as though the proclamation declared the existing and future wells in its Proclaimed Region to be prescribed wells; and

1. (b)

   that such a proclamation may be varied or revoked by regulation as though it were a regulation under section 8(1) of the current Act.

3It is now appropriate to make a regulation under section 8 of the current Act declaring a number of wells situated in a part of the State that is adjacent to the northern boundary of the Northern Adelaide Plains Proclaimed Region to be prescribed wells.

4The regulations to be made under the current Act will (among other things) have the effect—

(a)of varying the area of the Northern Adelaide Plains Proclaimed Region by adding an area specified in the regulations to the Proclaimed Region; and

1. (b)

   of re-naming the whole of that area as the Northern Adelaide Plains Prescribed Wells Area in keeping with practices under the current Act.

  1Short title

These regulations may be cited as the Water Resources (Northern Adelaide Plains Prescribed Wells Area) Regulations 2004.

2Commencement

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

3Interpretation

In these regulations—

Act means the Water Resources Act 1997;

Kangaroo Flat Area means the area marked "Kangaroo Flat Area" bounded by the bold black line on GRO Plan No 45/2000;

Northern Adelaide Plains Prescribed Wells Area means—

1. (a)

   the Northern Adelaide Plains Proclaimed Region; and

2. (b)

   the Kangaroo Flat Area,

being the area bounded by the bold black line on GRO Plan No 429/2003;

Northern Adelaide Plains Proclaimed Region means that area of the State declared by proclamation under section 41 of the Water Resources Act 1976 to be the Northern Adelaide Plains Proclaimed Region (Gazette 13.5.1976 p2459).

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

1. (1)

   Pursuant to section 8 of the Act, wells situated in the Northern Adelaide Plains Prescribed Wells Area and wells drilled in that Area after the commencement of these regulations are declared to be prescribed wells.

2. (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.

5Establishment and prescribed periods

For the purposes of section 36 of the Act—

1. (a)

   the establishment period in relation to the Kangaroo Flat Area of the Northern Adelaide Plains Prescribed Wells Area commenced on 1 July 1998 and ended at the commencement of the prescribed period; and

2. (b)

   the prescribed period in relation to the Kangaroo Flat Area of the Northern Adelaide Plains Prescribed Wells Area commenced on 13 June 2002 and will end on 31 December 2006.

Note—

Section 36 has no purpose in respect of that part of the Northern Adelaide Plains Prescribed Wells Area that is the Northern Adelaide Plains Proclaimed Region.

Legislative history

Notes

• •

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

  Year	No	Reference	Commencement
  2004	154	Gazette 22.7.2004 p2600	22.7.2004: r 2