South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"activity" includes—
(a) an
act carried out on a single occasion; and
(b) a
series of acts; and
(c) the
storage or possession of anything (including something in liquid or gaseous
form);
"animal" means any live animal of any species and includes any animal
organisms;
"approved account" means—
(a) an
account designated by the Minister as an approved account for the purposes of
this Act, or a specified provision of this Act; or
(b) the
Consolidated Account;
"associate"—see subsection (2);
"authorised officer"—see section 13;
"business" includes a business not carried on for profit or gain;
"construct", in relation to any works, includes—
(a) to
establish, build or erect the works;
(b) to
repair the works;
(c) to
make alterations to the works;
(d) to
enlarge or extend the works;
"council" means a council within the meaning of the Local Government
Act 1999 ;
"Court" means the Environment, Resources and Development Court established
under the Environment, Resources and Development Court Act 1993 ;
"domestic activity" means an activity other than an activity undertaken in the
course of a business;
"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;
"general duty of care" means the duty under section 23;
"Implementation Strategy" means the River Murray Act Implementation Strategy
under Part 5;
"infrastructure" includes—
(a)
pumps, pumping stations, pipes, tanks;
(b)
dams, reservoirs, artificial lakes and wells;
(c)
embankments, walls, channels, drains, drainage holes or other forms of works
or earthworks;
(d) any
item or thing used in connection with—
(i)
testing, monitoring, protecting, enhancing or
re-establishing any aspect of the environment; or
(ii)
any other environmental program or initiative;
(e)
bridges and culverts;
(f)
buildings, structures and facilities;
(g)
other items brought within the ambit of this definition by the regulations;
"interim restraining order" means an Interim Restraining Order issued under
Division 1 of Part 8;
"land" means, according to the context—
(a) land
as a physical entity, including land covered by water;
(b) any
legal estate or interest in, or right in respect of, land;
"management agreement" means an agreement under Division 2 of Part 4;
"Mining Act" means the Mining Act 1971, the Opal Mining Act 1995 or
the Petroleum Act 2000 ;
"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;
"natural resources" of the River Murray means—
(a) the
River Murray system; and
(b)
soil, ground water and surface water, air, vegetation, animals and ecosystems
connected or associated with the River Murray system; and
(c)
cultural heritage and natural heritage, and amenity and geological values,
connected or associated with the River Murray system; and
(d)
minerals and other substances, and facilities, that are subject to the
operation of a Mining Act and are such that activities undertaken in relation
to them may have an impact on the River Murray;
"ORMs" means the objectives under section 7;
"place" includes any land, water, premises or structure;
"project" includes any form of scheme, undertaking or activity;
"protection order" means a River Murray Protection Order issued under Division
1 of Part 8;
"public authority" includes a Minister, statutory authority or council;
"related operational Act"—see section 5(2);
"reparation authorisation" means an authorisation issued under
section 28;
"reparation order" means a River Murray Reparation Order issued under Division
1 of Part 8;
"River Murray" means—
(a) the
main stem of the River Murray; and
(b) the
natural resources of the River Murray;
"River Murray Protection Area"—see section 4;
"River Murray system" means the River Murray itself, and all anabranches,
tributaries, flood plains, wetlands and estuaries that are in any way
connected or associated with the river, and related beds, banks and shores;
"spouse"—a person is the spouse of another if they are legally married;
"statutory authorisation" means an approval, consent, licence, permit or other
authorisation granted or required under a related operational Act;
"statutory instrument" means—
(a) a
plan, program or policy; or
(b) any
other instrument of a prescribed kind,
prepared pursuant to the provisions of an Act;
"vegetation" includes any plant organisms;
"vehicle" includes any—
(a)
vessel or craft;
(b)
plant or equipment designed to be moved or operated by a driver;
"water resource" has the same meaning as in the Water Resources Act 1997
;
"works" includes any form of infrastructure.
(2) 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 five 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
relationship of a prescribed kind exists between them; or
(h) a
chain of relationships can be traced between them under any one or more of the
above paragraphs.
(3) For the purposes
of subsection (2), a "beneficiary" of a trust includes an object of a
discretionary trust.
(5) A reference in
this Act to the costs of any damage to the River Murray will be taken to
include a reference to any costs associated with—
(a)
minimising, managing or containing any such damage; or
(b)
remedying any such damage; or
(c)
addressing any consequences resulting from any such damage; or
(d)
compensating for any loss or adverse impacts arising from any such damage.
(6) For the purposes
of this or any other Act, the Minister may, in assessing the costs or extent
of any damage to the River Murray, apply any assumptions determined by the
Minister to be reasonable in the circumstances.