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This is a Bill, not an Act. For current law, see the Acts databases.


NATURAL RESOURCES MANAGEMENT BILL 2004

House of Assembly—No 68

As laid on the table and read a first time, 18 February 2004

South Australia

Natural Resources Management Bill 2004

A Bill For

An Act to promote sustainable and integrated management of the State's natural resources; to make provision for the protection of the State's natural resources; to make amendments to the Crown Lands Act 1929, the Dog and Cat Management Act 1995, the Dog Fence Act 1946, the Environment Protection Act 1993, the Ground Water (Qualco-Sunlands) Control Act 2000, the Local Government Act 1934, the Mining Act 1971, the National Parks and Wildlife Act 1972, the Native Vegetation Act 1991, the Parliamentary Committees Act 1991, the Pastoral Land Management and Conservation Act 1989, the Petroleum Act 2000, the River Murray Act 2003, the South Eastern Water Conservation and Drainage Act 1992 and the Subordinate Legislation Act 1978; to repeal the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986, the Soil Conservation and Land Care Act 1989 and the Water Resources Act 1997; and for other purposes.



Contents

Chapter 1—Preliminary

1 Short title

2 Commencement

3 Interpretation

4 Interaction with other Acts

5 Territorial and extra-territorial operation of Act

6 Act binds Crown

Chapter 2—Objects of Act and general statutory duties

Part 1—Objects

7 Objects

8 Administration of Act to achieve objects

Part 2—General statutory duties

9 General statutory duties

Chapter 3—Administration

Part 1—The Minister

10 Functions of Minister

11 General powers

12 Powers of delegation

Part 2—The NRM Council

Division 1—Establishment of NRM Council

13 Establishment of NRM Council

Division 2—The Council's membership

14 Composition of NRM Council

15 Conditions of membership

16 Allowances and expenses

17 Validity of acts

Division 3—Functions of NRM Council

18 Functions of NRM Council

19 Committees

20 Power of delegation

Division 4—Related matters

21 Annual report

22 Use of facilities

Part 3—NRM regions and boards

Division 1—Establishment of regions

23 Establishment of regions

Division 2—Establishment of regional NRM boards

24 Establishment of boards

25 Corporate nature

Division 3—Membership

26 Composition of boards

27 Conditions of membership

28 Allowances and expenses

29 Validity of acts

Division 4—Functions of boards

30 Functions of boards

Division 5—Powers of boards

31 General powers

32 Power to acquire land

33 Special powers to carry out works

34 Entry and occupation of land

35 Special vesting of infrastructure

Division 6—Staff

36 Staff

Division 7—Committees and delegations

37 Committees

38 Power of delegation

Division 8—Accounts, audit and reports

39 Accounts and audit

40 Annual reports

41 Specific reports

Division 9—Appointment of administrator

42 Appointment of administrator

Division 10—Related matters

43 Use of facilities

44 Board's power to provide financial assistance etc

45 Assignment of responsibility for infrastructure to another person or body

46 Appointment of body to act as a board

Part 4—NRM groups

Division 1—Establishment of areas

47 Establishment of areas

Division 2—Establishment of NRM groups

48 Establishment of groups

49 Corporate nature and responsibility at regional level

Division 3—Membership

50 Composition of NRM groups

51 Conditions of membership

52 Allowances and expenses

53 Validity of acts

Division 4—Functions of NRM groups

54 Functions of groups

Division 5—Powers of NRM groups

55 General powers

Division 6—Committees and delegations

56 Committees

57 Power of delegation

Division 7—Accounts, audit and reports

58 Accounts and audit

59 Annual reports

60 Specific reports

Division 8—Related matters

61 Staff

62 Use of facilities

63 Appointment of body to act as group

64 Regional NRM board may act as an NRM group

Part 5—The Chief Officer

65 Chief Officer

66 Functions of Chief Officer

67 Power of delegation

Part 6—Authorised officers

68 State authorised officers

69 Regional authorised officers

70 Identity cards

71 Powers of authorised officers

72 Provisions relating to seizure

73 Hindering etc persons engaged in the administration of this Act

74 Self-incrimination

75 Offences by authorised officers

Chapter 4—NRM plans

Part 1—State NRM Plan

76 State NRM Plan

Part 2—Regional plans

Division 1—Regional NRM plans

77 Regional NRM plans

Division 2—Water allocation plans

78 Preparation of water allocation plans

Division 3—Preparation and maintenance of plans

79 Application of Division

80 Concept statement

81 Preparation of plans and consultation

82 Submission of plan to Minister

83 Review and amendment of plans

84 Time for implementation of plans

85 Availability of copies of plans etc

86 Time for preparation and review of plans

Division 4—Related matters

87 Application of Division

88 Validity of plans

89 Promotion of River Murray legislation

90 Associated Ministerial consents

91 Amendment of plans without formal procedures

92 Plans may confer discretionary powers

93 Effect of declaration of invalidity

Chapter 5—Financial provisions

Part 1—NRM levies

Division 1—Levies in respect of land

94 Contributions by constituent councils

95 Payment of contributions by councils

96 Funds may be expended in subsequent years

97 Imposition of levy by councils

98 Costs of councils

99 Outside council areas

100 Contributions towards work of NRM groups

101 Application of levy

Division 2—Levies in respect of water

102 Interpretation

103 Declaration of levies

104 Provisions applying to water (holding) allocations in declared water resources

105 Special purpose water levy

106 Liability for levy

107 Notice of liability for levy

108 Determination of quantity of water taken

109 Cancellation etc of licence or permit for non-payment of levy

110 Costs associated with collection

Division 3—Special provisions

111 Application of Division

112 Interest

113 Discounting levies

114 Levy first charge on land

115 Sale of land for non-payment of a levy

Division 4—Related matters

116 Refund of levies

117 Declaration of penalty in relation to the unauthorised or unlawful taking or use of water

118 Appropriation of levies, penalties and interest

Part 2—Statutory funds

Division 1—The Natural Resources Management Fund

119 The Natural Resources Management Fund

120 Accounts

121 Audit

Division 2—Regional NRM board funds

122 Regional NRM board funds

Chapter 6—Management and protection of land

123 Interpretation

124 Special provisions relating to land

125 Requirement to implement action plan

Chapter 7—Management and protection of water resources

Part 1—General rights in relation to water

126 Right to take water subject to certain requirements

127 Declaration of prescribed water resources

Part 2—Control of activities affecting water

Division 1—Determination of relevant authority

128 Determination of relevant authority

Division 2—Control of activities

129 Water affecting activities

130 Certain uses of water authorised

131 Activities not requiring a permit

132 Notice to rectify unauthorised activity

133 Notice to maintain watercourse or lake

134 Restrictions in case of inadequate supply or overuse of water

135 Specific duty with respect to damage to a watercourse or lake

136 Minister may direct removal of dam etc

Division 3—Permits

137 Permits

138 Requirement for notice of certain applications

139 Refusal of permit to drill well

140 Availability of copies of permits etc

Division 4—Provisions relating to wells

141 Well drillers' licences

142 The Water Well Drilling Committee

143 Renewal of licence

144 Non-application of certain provisions

145 Defences

146 Obligation to maintain well

147 Requirement for remedial or other work

Part 3—Licensing and allocation of water

Division 1—Licensing

148 Licences

149 Variation of water licences

150 Surrender of licence

151 Availability of copies of licences etc

Division 2—Allocation of water

152 Method of fixing water (taking) allocations

153 Allocation of water

154 Basis of decisions as to allocation

155 Water (holding) allocations

156 Conversion of water (taking) licence

157 Allocation on declaration of prescribed water resource

158 Reduction of water allocations

Division 3—Transfer of licences and water allocations

159 Transfer

160 Application for transfer of licence or allocation

161 Requirement for notice of application for certain transfers

162 Basis of decision as to transfer

163 Endorsement and record of dealings

Division 4—Breach of licence

164 Consequences of breach of licence etc

165 Effect of cancellation of licence on water allocation

Division 5—Schemes to promote the transfer or surrender of allocations

166 Schemes to promote the transfer or surrender of allocations

Part 4—Reservation of excess water by Minister

167 Interpretation

168 Reservation of excess water in a water resource

169 Allocation of reserved water

170 Public notice of allocation of reserved water

Part 5—Water conservation measures

171 Water conservation measures

Part 6—Related matters

172 Law governing decisions under this Chapter

173 Effect of water use on ecosystems

174 By-laws

175 Representations by SA Water

176 Water recovery and other rights subject to board's functions and powers

Chapter 8—Control of animals and plants

Part 1—Preliminary

177 Preliminary

Part 2—Control provisions

Division 1—Specific controls

178 Movement of animals or plants

179 Possession of animals or plants

180 Sale of animals or plants, or produce or goods carrying plants

181 Sale of contaminated items

182 Offence to release animals or plants

183 Notification of presence of animals or plants

184 Requirement to control certain animals or plants

185 Owner of land to take action to destroy or control animals or plants

186 Requirement to implement action plan

187 Native animals

188 NRM authorities may recover certain costs from owners of land adjoining road reserves

189 Destruction or control of animals outside the dog fence by poison and traps

190 Ability of Minister to control or quarantine any animal or plant

Division 2—Permits

191 Permits

Division 3—Related matters

192 Animal-proof fences

193 Offence to damage certain fences

194 Offence to leave gates open

195 Protection of certain vegetation and habitats

Chapter 9—Civil remedies

Part 1—Orders issued by NRM authorities

Division 1—Orders

196 Protection orders

197 Action on non-compliance with a protection order

198 Reparation orders

199 Action on non-compliance with a reparation order

200 Reparation authorisations

201 Related matter

Division 2—Registration of orders and effect of charges

202 Registration

203 Effect of charge

Part 2—Orders made by ERD Court

204 Orders made by ERD Court

Chapter 10—Appeals

205 Right of appeal

206 Operation and implementation of decisions or orders subject to appeal

207 Powers of Court on determination of appeals

Chapter 11—Management agreements

208 Management agreements

Chapter 12—Miscellaneous

Part 1—Avoidance of duplication of procedures etc

209 Avoidance of duplication of procedures etc

Part 2—Other matters

210 Native title

211 Service of notices or other documents

212 Money due to Minister

213 Compulsory acquisition of land

214 Compensation

215 Immunity from liability

216 Vicarious liability

217 False or misleading information

218 Interference with works or other property

219 Criminal jurisdiction of Court

220 Proceedings for offences

221 General defence

222 Offences by bodies corporate

223 Additional orders on conviction

224 Continuing offence

225 Constitution of Environment, Resources and Development Court

226 Evidentiary

227 Determination of costs and expenses

228 Minister may apply assumptions and other information

229 NRM Register

230 Confidentiality

231 Annual report

232 Damage caused by non-compliance with a notice etc

233 Recovery of technical costs associated with contraventions

234 Incorporation of codes and standards

235 Exemption from Act

236 Regulations

237 Review of Act by Minister

Schedule 1—Provisions relating to NRM Council, regional NRM boards and NRM groups

Schedule 2—Classes of wells in relation to which a permit is not required

Schedule 3—Regulations

Schedule 4—Related amendments, repeals and transitional provisions



The Parliament of South Australia enacts as follows:

Chapter 1—Preliminary

1—Short title

This Act may be cited as the Natural Resources Management Act 2004.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Interpretation

(1) In this Act, unless the contrary intention appears—

animal means a live vertebrate or invertebrate animal and includes the eggs or semen of such an animal, but does not include any animal of a class excluded from the ambit of this definition by the regulations;

animal-proof fence means a fence that complies with the prescribed requirements for an animal-proof fence;

annual value means annual value as defined in the Valuation of Land Act 1971;

approved account means an account designated by the Minister as an approved account for the purposes of this Act, or a specified provision of this Act;

authorised officer means a person appointed to be a State authorised officer or a regional authorised officer underChapter 3 Part 6;

biological diversity means the variety of life forms represented by plants, animals and other organisms and micro-organisms, the genes that they contain, and the ecosystems and ecosystem processes of which they form a part;

business day means any day except—

(a) a Saturday, Sunday or public holiday; or

(b) a day which falls between 25 December and 1 January in the following year;

capital value means capital value as defined in the Valuation of Land Act 1971;

channel includes—

(a) a drain, gutter or pipe;

(b) part of a channel;

Chief Officer means the Chief Officer under Chapter 3 Part 5 (and includes a person acting in that office from time to time);

constituent council means—

(a) in relation to a regional NRM board, or the region of a regional NRM board, a council whose area, or part of whose area, comprises or is included in the region of the regional NRM board;

(b) in relation to an NRM group, or the area of an NRM group, a council whose area, or part of whose area, comprises or is included in the area of the NRM group;

construct includes erect, alter, repair or excavate;

control means—

(a) in relation to a particular class of animals, any of the following:

(i) destroy the animals and their warrens, burrows, nests or harbours (whether occupied or not);

(ii) reduce the extent to which land is inhabited or subject to infestation by the animals;

(iii) undertake any other prescribed action,

as far as is reasonably achievable;

(b) in relation to a particular class of plants, any of the following:

(i) destroy the plants;

(ii) reduce and inhibit the propagation of the plants;

(iii) prevent the spread of the plants;

(iv) undertake any other prescribed action,

as far as is reasonably achievable;

council means a council within the meaning of the Local Government Act 1999;

council subsidiary means a subsidiary established under Schedule 2 of the Local Government Act 1999;

CPI means the Consumer Price Index (All groups index for Adelaide);

Department means the department of the Minister to whom the administration of this Act has been committed prescribed by the regulations for the purposes of this definition;

dingo includes an animal that is a cross of a dingo;

dog fence means the fence established under the Dog Fence Act 1946;

domestic activity means an activity undertaken for a domestic purpose;

domestic purpose in relation to the taking of water does not include—

(a) taking water for the purpose of watering or irrigating more than 0.4 of a hectare of land; or

(b) taking water to be used in carrying on a business (except for the personal use of persons employed in the business);

domestic wastewater means—

(a) water used in the disposal of human waste; and

(b) water used for personal washing; and

(c) water used for washing clothes or dishes; and

(d) water used in a swimming pool;

to drill in relation to a well means to drill the well or to excavate the well in any other manner and includes to deepen or widen an existing well;

ecosystem means a dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional unit;

effluent means domestic wastewater or industrial wastewater;

ERD Court means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993;

estuary means a partially enclosed coastal body of water that is permanently, periodically, intermittently or occasionally open to the sea within which there is a measurable variation in salinity due to the mixture of seawater with water derived from or under the land;

floodplain means any area of land adjacent to a watercourse, lake or estuary that is periodically, intermittently or occasionally inundated with water and includes any other area designated as a floodplain—

(a) by the regulations; or

(b) by an NRM plan; or

(c) by a Development Plan under the Development Act 1993;

general rate means a general rate under section 152 of the Local Government Act 1999;

general statutory duty means the duty under Chapter 2 Part 2;

industrial wastewater means water (not being domestic wastewater) that has been used in the course of carrying on a business (including water used in the watering or irrigation of plants) that has been allowed to run to waste or has been disposed of or has been collected for disposal;

infrastructure includes—

(a) artificial lakes;

(b) dams or reservoirs;

(c) embankments, walls, channels or other works or earthworks;

(d) bridges and culverts;

(e) buildings or structures;

(f) roads;

(g) pipes, machinery or other plant or equipment;

(h) any device;

(i) any item or thing used in connection with—

(i) testing, monitoring, protecting, enhancing or re-establishing any natural resource, or any aspect of a natural resource;

(ii) any other program or initiative associated with the management of a natural resource;

(j) other items brought within the ambit of this definition by the regulations;

intensive farming means a method of keeping animals in the course of carrying on the business of primary production in which the animals are usually confined to a small space or area and usually fed by hand or by a mechanical means;

Interstate Water Entitlements Transfer Scheme means a scheme for the transfer of water entitlements between States under the Agreement approved under the Murray-Darling Basin Act 1993;

keep in captivity—an animal is kept in captivity if it is held in a building or enclosure with security measures designed to ensure that the animal cannot escape (other than in circumstances that cannot be reasonably foreseen and guarded against);

lake means a natural lake, pond, lagoon, wetland or spring (whether modified or not) and includes—

(a) part of a lake; or

(b) a body of water designated as a lake—

(i) by the regulations; or

(ii) by an NRM plan; or

(iii) by a Development Plan under the Development Act 1993;

land means, according to the context—

(a) land as a physical entity, including land under water; or

(b) any legal estate or interest in, or right in respect of, land,

and includes any building or structure fixed to land;

LGA means the Local Government Association of South Australia;

licensed well driller means a person who holds a licence under Chapter 7 to drill wells;

management agreement means an agreement under Chapter 11;

Mining Act means any of the following:

(a) the Mining Act 1971, the Opal Mining Act 1995, the Petroleum Act 2000 or the Petroleum (Submerged Lands) Act 1982;

(b) the Cooper Basin (Ratification) Act 1975, the Roxby Downs (Indenture Ratification) Act 1982 or the Stony Point (Liquids Project) Ratification Act 1981;

(c) any other Act relating to the production, recovery, management, conveyance or delivery of minerals brought within the ambit of this definition by the regulations;

Mount Lofty Ranges Watershed means the area prescribed by regulation for the purposes of this definition;

Murray-Darling Basin has the same meaning as in the Murray-Darling Basin Act 1993;

native animal means a protected animal within the meaning of the National Parks and Wildlife Act 1972 and any species included in Schedule 10 of that Act, but does not include a dingo or any other animal of a class excluded from the ambit of this definition by the regulations;

native vegetation has the same meaning as in the Native Vegetation Act 1991;

natural resources includes—

(a) soil;

(b) water resources;

(c) geological features and landscapes;

(d) native vegetation, native animals and other native organisms;

(e) ecosystems;

(f) other aspects of the environment brought within the ambit of this definition by the regulations;

NRM authority means a regional NRM board or an NRM group;

NRM Council means the Natural Resources Management Council established under Chapter 3 Part 2;

NRM Fund means the Natural Resources Management Fund established under Chapter 5 Part 2 Division 1;

NRM group means a body established under Chapter 3 Part 4 and includes a body appointed under that Part to be an NRM group under this Act;

NRM plan means a plan under Chapter 4;

NRM region or region means a Natural Resources Management Region established under Chapter 3 Part 3 Division 1;

NRM Register means the register established under section 229;

NRM water levy means—

(a) a water levy; or

(b) a special purpose water levy;

occupier of land means a person who has, or is entitled to, possession or control of the land (other than a mortgagee in possession unless the mortgagee has assumed active management of the land), or who is entitled to use the land as the holder of native title in the land;

OC-NRM levy means a levy declared under section 99;

owner of land means—

(a) if the land is unalienated from the Crown—the Crown; or

(b) if the land is alienated from the Crown by grant in fee simple—the owner (at law or in equity) of the estate in fee simple; or

(c) if the land is held from the Crown by lease or licence—the lessee or licensee, or a person who has entered into an agreement to acquire the interest of the lessee or licensee; or

(d) if the land is held from the Crown under an agreement to purchase—the person who has the right to purchase; or

(e) a person who holds native title in the land; or

(f) a person who has arrogated to himself or herself (lawfully or unlawfully) the rights of an owner of the land,

and includes an occupier of the land and any other person of a prescribed class included within the ambit of this definition by the regulations;

pastoral land means land of the Crown that is subject to a pastoral lease;

plant means vegetation of any species and includes the seeds and any part of any such vegetation, or any other form of plant material, but does not include any vegetation or material excluded from the ambit of this definition by the regulations;

prescribed lake means a lake declared to be a prescribed lake under section 127;

prescribed watercourse means a watercourse declared to be a prescribed watercourse under section 127;

prescribed water resource includes underground water to which access is obtained by prescribed wells;

prescribed well means a well declared to be a prescribed well under section 127;

private land means land that is not—

(a) dedicated land within the meaning of the Crown Lands Act 1929; or

(b) unalienated land of the Crown; or

(c) vested in or under the care, control or management of an agency or instrumentality of the Crown; or

(d) vested in or under the care, control or management of a council;

public authority means—

(a) a Minister; or

(b) an agency or instrumentality of the Crown; or

(c) a council or council subsidiary;

record means—

(a) a documentary record; or

(b) a record made by an electronic, electro-magnetic, photographic or optical process; or

(c) any other kind of record;

regional authorised officer means a person appointed as a regional authorised officer under Chapter 3 Part 6;

regional local government association means a regional association established by the local government sector (whether under section 43 of the Local Government Act 1999 or under the Associations Incorporation Act 1985, or in some other manner recognised by the regulations for the purposes of this definition);

regional NRM board means a body established under Chapter 3 Part 3 and includes a body appointed under that Part to be a regional NRM board under this Act;

regional NRM levy means a levy imposed by a council under section 97;

regional NRM plan means a plan prepared by a regional NRM board under Chapter 4 Part 2;

repealed Act means an Act repealed under Schedule 4 Part 17;

residential premises means a building occupied as a place of residence and includes the curtilage of such a building;

River Murray has the same meaning as in the River Murray Act 2003;

River Murray Protection Area means a River Murray Protection Area under the River Murray Act 2003;

road reserve means land set aside for the purposes of a public road, whether or not it is being used for that purpose;

SA Water means the South Australian Water Corporation;

sell includes—

(a) barter, offer or attempt to sell;

(b) receive for sale;

(c) have in possession for sale;

(d) cause or permit to be sold or offered for sale;

(e) send, forward or deliver for sale;

(f) dispose of by any method for valuable consideration;

(g) dispose of to an agent for sale on consignment;

(h) sell for the purposes of resale;

site value means site value as defined in the Valuation of Land Act 1971;

special purpose water levy means a levy declared under section 105;

spouse includes putative spouse (whether or not a declaration of the relationship has been made under the Family Relationships Act 1975);

State includes any part of the sea—

(a) that is within the limits of the State; or

(b) that is from time to time included in the coastal waters of the State by virtue of the Coastal Waters (State Powers) Act 1980 of the Commonwealth;

State authorised officer means a person appointed as a State authorised officer under Chapter 3 Part 6;

State NRM Plan means the plan prepared by the NRM Council under Chapter 4 Part 1;

surface water means—

(a) water flowing over land (except in a watercourse)—

(i) after having fallen as rain or hail or having precipitated in any other manner; or

(ii) after rising to the surface naturally from underground;

(b) water of the kind referred to in paragraph (a) that has been collected in a dam or reservoir;

surface water prescribed area means a part of the State declared to be a surface water prescribed area under section 127;

to take water from a water resource includes—

(a) to take water by pumping or syphoning the water;

(b) to stop, impede or divert the flow of water over land (whether in a watercourse or not) for the purpose of collecting the water;

(c) to divert the flow of water in a watercourse from the watercourse;

(d) to release water from a lake;

(e) to permit water to flow under natural pressure from a well;

(f) to permit stock to drink from a watercourse, a natural or artificial lake, a dam or reservoir;

(g) to undertake or permit any other prescribed activity;

(h) to cause, permit or suffer any activity referred to in a preceding paragraph;

underground water means—

(a) water occurring naturally below ground level;

(b) water pumped, diverted or released into a well for storage underground;

vehicle includes any—

(a) vessel or craft;

(b) plant or equipment designed to be moved or operated by a driver;

water allocation

(a) in respect of a water licence means the water (taking) allocation or the water (holding) allocation endorsed on the licence;

(b) in respect of water taken pursuant to an authorisation under section 130 means the maximum quantity of water that can be taken and used pursuant to the authorisation;

water allocation plan means a water allocation plan prepared by a regional NRM board under Chapter 4 Part 2;

watercourse means a river, creek or other natural watercourse (whether modified or not) in which water is contained or flows whether permanently, intermittently or occasionally and includes—

(a) a dam or reservoir that collects water flowing in a watercourse;

(b) a lake through which water flows;

(c) a channel (but not a channel declared by regulation to be excluded from the ambit of this definition) into which the water of a watercourse has been diverted;

(d) part of a watercourse;

(e) an estuary through which water flows;

(f) any other natural resource, or class of natural resource, designated as a watercourse for the purposes of this Act—

(i) by the regulations; or

(ii) by an NRM plan;

water (holding) allocation in respect of a water licence means the quantity of water that the licensee is entitled to request that the Minister convert to a water (taking) allocation under Chapter 7 Part 3 Division 2;

water levy means a levy declared under section 103;

water licence means a licence granted under Chapter 7 Part 3 authorising the holder (subject to the taking of any step or steps required by this Act) to take (or to hold) water from a watercourse, lake or well or to take (or to hold) surface water from a surface water prescribed area and includes a licence granted under that Part endorsed with a water (holding) allocation;

water resource means a watercourse or lake, surface water, underground water, stormwater and effluent;

water (taking) allocation in respect of a water licence means the quantity of water that the licensee is entitled to take and use pursuant to the licence;

well means—

(a) an opening in the ground excavated for the purpose of obtaining access to underground water;

(b) an opening in the ground excavated for some other purpose but that gives access to underground water;

(c) a natural opening in the ground that gives access to underground water;

wetland means an area that comprises land that is permanently, periodically, intermittently or occasionally inundated with water (whether through a natural or artificial process) where the water may be static or flowing and may range from fresh water to saline water and where the inundation with water influences the biota or ecological processes (whether permanently or from time to time) and includes any other area designated as a wetland—

(a) by the regulations; or

(b) by an NRM plan; or

(c) by a Development Plan under the Development Act 1993,

but does not include—

(d) a dam or reservoir that has been constructed by a person wholly or predominantly for the provision of water for primary production or human consumption; or

(e) an area within an estuary or within any part of the sea; or

(f) an area excluded from the ambit of this definition by the regulations.

(2) For the purposes of this Act—

(a) a reference to land in the context of the physical entity includes all aspects of land, including the soil, organisms and other components and ecosystems that contribute to the physical state and environmental, social and economic value of land;

(b) a reference to a water resource includes all aspects of a water resource, including the water, organisms and other components and ecosystems that contribute to the physical state and environmental value of a water resource.

(3) For the purposes of this Act—

(a) a reference to a watercourse is a reference to either—

(i) the bed and banks of the watercourse (as they may exist from time to time); or

(A) any ecosystem processes or biodiversity associated with an estuary;

(B) estuarine habitats adjacent to an estuary.

(4) A reference in this Act to varying a water licence includes a reference to varying the water allocation of the licence or the conditions attached to the licence.

(5) The conversion of the whole or a part of a water (holding) allocation to a water (taking) allocation under section 155 will be taken for the purposes of this Act to be the allocation by the Minister of the quantity of water concerned as a water (taking) allocation endorsed on the relevant water licence.

(6) For the purposes of this Act, native vegetation is cleared (or would be cleared) if the relevant activity constitutes (or would constitute) clearance of the native vegetation under the Native Vegetation Act 1991.

(7) A regulation, NRM plan or Development Plan may make a designation for the purposes of a definition under this section by the use of a map or maps prescribed by the regulation or included in the plan (as the case may be).

(8) For the purposes of this Act, a person is an associate of another if—

(a) they are partners; or

(b) one is a spouse, 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 5 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.

(9) For the purposes of subsection (8), a beneficiary of a trust includes an object of a discretionary trust.

(10) The Governor may, by regulation, declare that a particular reference to this Act in a provision of this Act will be taken to include a reference to an Act, or to the provision of an Act, repealed by this Act (and that regulation will then have effect in accordance with its terms).

4—Interaction with other Acts

(1) Except where the contrary intention is expressed in this or any other Act, this Act is in addition to and does not limit or derogate from the provisions of any other Act.

(2) This Act is subject to the following Acts and agreements:

(a) the agreement (as amended from time to time) approved by the Murray-Darling Basin Act 1993;

(b) the Border Groundwater Agreement (as amended from time to time) approved by the Groundwater (Border Agreement) Act 1985;

(c) the Lake Eyre Basin Intergovernmental Agreement (as amended from time to time) ratified and approved under the Lake Eyre Basin (Intergovernmental Agreement) Act 2001;

(d) the indenture (as amended from time to time) ratified and approved by the Roxby Downs (Indenture Ratification) Act 1982;

(e) the Pulp and Paper Mills Agreement Act 1958;

(f) the Pulp and Paper Mill (Hundred of Gambier) Indenture Act 1961;

(g) the Pulp and Paper Mill (Hundreds of Mayurra and Hindmarsh) Act 1964.

(3) Chapter 2 Part 2 and Chapter 6 do not apply in relation to any minerals or other substances or facilities administered under a Mining Act, or any activity conducted under a tenement granted under a Mining Act.

5—Territorial and extra-territorial operation of Act

(1) Subject to this section, this Act applies to the whole of the State.

(2) The Governor may, by regulation, exclude a part of the State from the operation of this Act, or specified provisions of this Act.

(3) This Act extends to an activity or circumstance undertaken or existing outside the State that may affect the natural resources of the State.

6—Act binds Crown

(1) This Act binds the Crown in right of this State and also, so far as the legislative power of the State extends, the Crown in all its other capacities, but not so as to impose any criminal liability on the Crown.

(2) Without limiting or derogating from subsection (1), all agencies and instrumentalities of the Crown must endeavour, as far as practicable, to act consistently with the State NRM Plan and other relevant NRM plans under this Act.


Chapter 2—Objects of Act and general statutory duties

Part 1—Objects

7—Objects

(1) The objects of this Act include to assist in the achievement of ecologically sustainable development in the State by establishing an integrated scheme to promote the use and management of natural resources in a manner that—

(a) recognises and protects the intrinsic values of natural resources; and

(b) seeks to protect biological diversity and, insofar as is reasonably practicable, to restore or rehabilitate ecological systems and processes that have been lost or degraded; and

(c) provides for the protection and management of catchments and the sustainable use of land and water resources and, insofar as is reasonably practicable, seeks to restore or rehabilitate land and water resources that have been degraded; and

(d) seeks to support sustainable primary and other economic production systems; and

(e) provides for the prevention or control of impacts caused by pest species of animals and plants that may have an adverse effect on the environment or the community; and

(f) promotes educational initiatives and provides mechanisms to increase the capacity of people to be involved in the management of natural resources.

(2) For the purposes of subsection (1), ecologically sustainable development comprises the use, conservation, development and enhancement of natural resources in a way, and at a rate, that will enable people and communities to provide for their economic, social and physical well-being while—

(a) sustaining the potential of natural resources to meet the reasonably foreseeable needs of future generations; and

(b) safeguarding the life-supporting capacities of natural resources; and

(c) avoiding, remedying or mitigating any adverse effects of activities on natural resources.

(3) The following principles should be taken into account in connection with achieving ecologically sustainable development for the purposes of this Act:

(a) decision-making processes should effectively integrate both long term and short term economic, environmental, social and equity considerations;

(b) if there are threats of serious or irreversible damage to natural resources, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;

(c) decision-making processes should be guided by the need to evaluate carefully the risks of any situation or proposal that may adversely affect the environment and to avoid, wherever practicable, causing any serious or irreversible damage to the environment;

(d) the present generation should ensure that the health, diversity and productivity of the natural environment is maintained or enhanced for the benefit of future generations;

(e) a fundamental consideration should be the conservation of biological diversity and ecological integrity;

(f) environmental factors should be taken into account when valuing or assessing assets or services, costs associated with protecting or restoring the natural environment should be allocated or shared equitably and in a manner that encourages the responsible use of natural resources, and people who obtain benefits from the natural environment, or who adversely affect or consume natural resources, should bear an appropriate share of the costs that flow from their activities;

(g) if the management of natural resources requires the taking of remedial action, the first step should, insofar as is reasonably practicable and appropriate, be to encourage those responsible to take such action before resorting to more formal processes and procedures;

(h) consideration should be given to Aboriginal heritage, and to the interests of the traditional owners of any land or other natural resources;

(i) the involvement of the public in providing information and contributing to processes that improve decision-making should be encouraged;

(j) the responsibility to achieve ecologically sustainable development should be seen as a shared responsibility between the public sector, the private sector, and the community more generally;

(k) the local government sector is to be recognised as a key participant in natural resource management, especially on account of its close connections to the community and its role in regional and local planning.

8—Administration of Act to achieve objects

(1) The Minister, the Court and all other persons or bodies involved in the administration of this Act, or performing, exercising or discharging a function, power or duty under this Act, must have regard to, and seek to further, the objects of this Act.

(2) A person acting under one part of this Act should consider any other relevant part of this Act so as to adopt, insofar as is reasonably practicable and appropriate, an integrated approach to the operation and administration of this Act.


Part 2—General statutory duties

9—General statutory duties

(1) A person must act reasonably in relation to the management of natural resources within the State.

(2) In determining what is reasonable for the purposes of subsection (1), regard must be had, amongst other things, to the objects of this Act, and to—

(a) the need to act wisely and responsibly in relation to the management of natural resources, and the potential impact of a failure to comply with the relevant duty; and

(b) any environmental, social, economic or practical implications, including any relevant assessment of costs and benefits associated with a particular course of action, the financial implications of various measures or options, and the current state of technical and scientific knowledge; and

(c) any degrees of risk that may be involved; and

(d) the extent to which a person is responsible for the management of the natural resources; and

(e) the significance of the natural resources, including in relation to the environment and to the economy of the State (if relevant); and

(f) the extent to which an act or activity may have a cumulative effect on any natural resources; and

(g) any pre-existing circumstance, and the state or condition of the natural resources.

(3) A person will be taken not to be in breach of subsection (1) if the person is acting—

(a) in pursuance of a requirement under this Act; or

(b) in a manner consistent with the relevant regional NRM plan; or

(c) in circumstances prescribed by the regulations.

(4) Subject to subsections (5) and (6), a person who breaches subsection (1) is not, on account of the breach alone, liable to any civil or criminal action.

(5) If a person breaches subsection (1)—

(a) the person may be required to prepare and implement an action plan in the circumstances contemplated by Chapter 6; and

(b) compliance with the subsection may be enforced by the issuing of a protection order under Chapter 9 Part 1; and

(c) a reparation order or reparation authorisation may be issued under Chapter 9 Part 1; and

(d) an order may be made by the ERD Court under Chapter 9 Part 2 in respect of the non-compliance.

(6) Subsection (4) does not limit or derogate from any other provision of this Act.

(7) To avoid doubt, a person cannot, in relation to the operation of this section, be held responsible for any condition or circumstance existing before the commencement of this section.


Chapter 3—Administration

Part 1—The Minister

10—Functions of Minister

(1) The functions of the Minister under this Act are—

(a) to keep the state and condition of the natural resources of the State under review; and

(b) to develop or co-ordinate policies relating to natural resources management, to promote sound management programs and practices for the use, development or protection of the natural resources of the State, and to develop and apply policies relating to the control of animals and plants to protect public health and safety, the natural environment, and primary production within the State; and

(c) in relation to the application of this Act with respect to the Murray-Darling Basin, and as far as reasonably practicable—

(i) to act to integrate the administration of this Act with the administration of the River Murray Act 2003; and

(ii) to promote the integration or co-ordination of policies, programs, plans and projects under this Act with relevant activities undertaken under the River Murray Act 2003; and

(d) to conduct and support research into the preservation, protection, management, enhancement, restoration or rehabilitation of the State's natural resources; and

(e) to compile, maintain and update information in relation to the State's natural resources; and

(f) to promote public awareness of the importance of the State's natural resources and to encourage the conservation of those resources; and

(g) to promote the pursuit of the objects of this Act by State and local government bodies, the private sector and the public, and to promote the application of the various principles and duties prescribed by this Act; and

(h) to promote the integration or co-ordination of policies, programs, plans and projects insofar as they are relevant to the proper management, use or protection of the State's natural resources; and

(i) to ensure that appropriate consideration is given to NRM plans when decisions are being made with respect to the allocation of resources; and

(j) such other functions assigned to the Minister by or under this Act.

(2) The regulations may—

(a) prescribe the kinds of information to which subsection (1)(e) applies; and

(b) require persons or bodies referred to in the regulations to provide the Minister with information of that kind that is in their possession.

(3) Without limiting any other power of the Minister, the Minister may direct an NRM authority or authorities to observe policies and comply with standards specified by the Minister in relation to the gathering, recording and keeping of information.

11—General powers

(1) The Minister has the power to do anything necessary, expedient or incidental to—

(a) performing the functions of the Minister under this Act; or

(b) administering this Act; or

(c) furthering the objects of this Act.

(2) Without limiting the operation of subsection (1), the Minister may—

(a) enter into any form of contract, agreement or arrangement; and

(b) acquire, hold, deal with and dispose of real and personal property or any interest in real or personal property; and

(c) provide for the care, control, management, preservation, protection, enhancement, restoration or rehabilitation of any natural resources; and

(d) act in conjunction with any other person or authority.

12—Powers of delegation

(1) The Minister may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this Act, or under any other Act that, in the opinion of the Minister, is relevant to the operation or administration of this Act.

(2) A delegation under this section—

(a) must be by instrument in writing; and

(b) may be absolute or conditional; and

(c) does not derogate from the ability of the Minister to act in any matter; and

(d) is revocable at will.

(3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.

(4) The Minister cannot delegate—

(a) the function of making recommendations to the Governor; or

(b) the Minister's functions or powers under Chapter 5.

(5) A person to whom functions or powers have been delegated under subsection (1) who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform those functions or exercise those powers must disclose the nature of the interest in writing to the Minister.

Maximum penalty: $20 000.

(6) It is a defence to a charge of an offence against subsection (5) to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter.


Part 2—The NRM Council

Division 1—Establishment of NRM Council

13—Establishment of NRM Council

(1) The Natural Resources Management Council is established.

(2) The NRM Council is subject to the general direction and control of the Minister.


Division 2—The Council's membership

14—Composition of NRM Council

(1) The NRM Council consists of 9 members appointed by the Governor on the nomination of the Minister, being persons who collectively have, in the opinion of the Minister, the knowledge, skills and experience necessary to enable the NRM Council to carry out its functions effectively.

(2) Of those members:

(a) 1 (who will be the presiding member) must be a person who has, in the opinion of the Minister, extensive experience in the management of natural resources and been actively involved in community affairs; and

(b) 1 must be nominated from a panel of 3 persons submitted by the LGA; and

(c) 1 must be nominated from a panel of 3 persons submitted by the Conservation Council of South Australia; and

(d) 1 must be nominated from a panel of 3 persons submitted by the South Australian Farmers Federation Incorporated; and

(e) 1 must be nominated after the Minister has consulted with bodies that, in the opinion of the Minister, are suitable to represent the interests of Aboriginal people for the purposes of this Act.

(3) If the Minister does not receive a submission from a body under subsection (2)(b), (c), or (d) within a reasonable time after requesting the submission of 3 names by that body, the Minister may, by notice in writing, request the relevant body to make a nomination within a time (being not less than 1 month) allowed in the notice and if a nomination is not made within that time, then the Minister may proceed to nominate a person determined by the Minister in lieu of a person submitted by that body.

(4) Before nominating the remaining members of the NRM Council, the Minister must place a notice in a newspaper circulating generally throughout the State inviting expressions of interest for appointment to the NRM Council within a period specified by the Minister, and then take into account any expressions of interest received within the relevant time.

(5) For the purposes of subsections (1) and (2), the Minister should (as far as is reasonably practicable in the circumstances)—

(a) give consideration to nominating persons so as to provide a range of knowledge, skills and experience across the following areas:

(i) primary production or pastoral land management (on the basis of practical experience in these areas);

(ii) soil conservation and land management;

(iii) conservation and biodiversity management;

(iv) water resources management;

(v) business administration;

(vi) local government or local government administration;

(vii) urban and regional planning;

(viii) Aboriginal interests in the land and water, and Aboriginal heritage;

(ix) coast, estuarine and marine management;

(x) fisheries or aquaculture;

(xi) pest animal and plant control;

(xii) natural and social science; and

(b) endeavour to nominate persons who are able to demonstrate an interest in ensuring the sustainable use and conservation of natural resources and in participating in community affairs; and

(c) endeavour to include a range of persons from across the State.

(6) At least 2 members of the NRM Council must be women and at least 2 members must be men.

(7) The Governor may, on the nomination of the Minister, appoint a suitable person to be the deputy of a member of the NRM Council.

(8) A deputy may act as a member of the NRM Council during any period of absence of the member in relation to whom the deputy has been appointed.

(9) The Minister may, by instrument in writing, authorise a person or persons to attend any meeting of the NRM Council in order to represent the interests of the Commonwealth, the State or local government.

(10) A person who holds an authorisation under subsection (9) is entitled—

(a) to receive notice of any meeting of the NRM Council; and

(b) to have access to papers provided to members of the NRM Council for the purposes of any meeting; and

(c) to attend, and participate in, any meeting of the NRM Council (but has no entitlement to vote).

15—Conditions of membership

(1) A member of the NRM Council will hold office on conditions determined by the Governor for a term, not exceeding 4 years, specified in the instrument of appointment and will, at the expiration of a term of office, be eligible for reappointment.

(2) The Governor may remove a member of the NRM Council from office—

(a) for breach of, or non-compliance with, a condition of appointment; or

(b) for mental or physical incapacity to carry out duties of office satisfactorily; or

(c) for neglect of duty; or

(d) for dishonourable conduct.

(3) The office of a member of the NRM Council becomes vacant if the member—

(a) dies; or

(b) completes a term of office and is not reappointed; or

(c) resigns by written notice addressed to the Minister; or

(d) is found guilty of an indictable offence; or

(e) is removed from office by the Governor under subsection (2).

16—Allowances and expenses

A member of the NRM Council is entitled to fees, allowances and expenses approved by the Governor.

17—Validity of acts

An act or proceeding of the NRM Council is not invalid by reason only of a vacancy in its membership, a defect in the appointment of a member or a situation where all of the requirements of section 14(5) are not satisfied.


Division 3—Functions of NRM Council

18—Functions of NRM Council

(1) The functions of the NRM Council are—

(a) to provide advice to the Minister on the administration and operation of this Act; and

(b) to audit, monitor and evaluate the state and condition of natural resources across the State, and to evaluate and report on—

(i) the performance of the NRM authorities established under this Act; and

(ii) the integration of natural resources management practices on account of this Act; and

(c) to prepare, and to keep under review, the State NRM Plan, and to keep under review the extent to which—

(i) regional NRM plans; and

(ii) policies and practices adopted or applied by NRM authorities,

are consistent with the State NRM Plan; and

(d) to monitor and evaluate the effectiveness of—

(i) this Act; and

(ii) the State NRM Plan; and

(iii) other natural resources management policies initiated by the Government,

and to provide reports to the Minister, and to other relevant persons and bodies, in relation to these matters; and

(e) as far as reasonably practicable and appropriate—

(i) to promote the implementation of integrated natural resources management practices and principles under other Acts; and

(ii) to contribute to the adoption of sound natural resources management policies under the Planning Strategy under the Development Act 1993; and

(iii) to ensure that natural resources management issues are considered when reports on the state of the environment are being prepared at State level; and

(f) to assist in the coordination of natural resources management initiatives across 2 or more regions and to resolve any issues that may arise between regional NRM boards; and

(g) to convene forums on a State-wide basis to discuss natural resources management issues, and to promote public awareness of sound natural resources management practices; and

(h) at the request of the Minister, or on its own initiative, to advise the Minister on any matter relevant to the condition of natural resources within the State, or on the management of those resources, to conduct any inquiry or audit, or to provide any other advice or report that may be appropriate in the circumstances; and

(i) such other functions assigned to the Council by the Minister or by or under this or any other Act.

(2) In performing its functions, the NRM Council should seek to work collaboratively with—

(a) other State agencies, agencies of the Commonwealth, and agencies of the other States and Territories, that have functions that are relevant to those of the Council; and

(b) local government; and

(c) relevant industry, environment and community groups and organisations.

(3) The NRM Council has the power to do anything necessary, expedient or incidental to—

(a) performing the functions of the NRM Council under this or any other Act; or

(b) furthering the objects of this Act.

19—Committees

(1) The NRM Council—

(a) must establish the committees required by the regulations; and

(b) may establish such other committees as the Council thinks fit,

to advise or assist the Council.

(2) A committee established under subsection (1) may, but need not, consist of or include members of the NRM Council.

(3) The procedures to be observed in relation to the conduct of business of a committee will be—

(a) as prescribed by regulation; or

(b) insofar as the procedure is not prescribed by regulation—as determined by the NRM Council; or

(c) insofar as the procedure is not prescribed by regulation or determined by the NRM Council—as determined by the committee.

20—Power of delegation

(1) The NRM Council may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Council under this or any other Act.

(2) A delegation under this section—

(a) must be by instrument in writing; and

(b) may be absolute or conditional; and

(c) does not derogate from the ability of the NRM Council to act in any matter; and

(d) is revocable at will.

(3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.


Division 4—Related matters

21—Annual report

(1) The NRM Council must, on or before 30 November in each year, provide to the Minister a report on its activities for the financial year ending on the preceding 30 June (and need not provide a report under section 6A of the Public Sector Management Act 1995).

(2) The report must be accompanied by annual reports of regional NRM boards received under Part 3 and include any other report or information provided to the NRM Council under this Act for inclusion in its annual report.

(3) The Minister must cause a copy of a report provided to the Minister under this section to be laid before both Houses of Parliament within 12 sitting days after receiving the report.

(4) The Chief Executive of the Department must ensure that a copy of any report within the ambit of subsection (3) is published on the Department's website within 5 business days after being laid before both Houses of Parliament under that subsection.

22—Use of facilities

The NRM Council may, by arrangement with the relevant body, make use of the services of the staff, equipment or facilities of—

(a) an administrative unit in the Public Service; or

(b) a public authority.


Part 3—NRM regions and boards

Division 1—Establishment of regions

23—Establishment of regions

(1) The Minister may, by notice in the Gazette, divide the State into Natural Resources Management Regions.

(2) The Minister should, in establishing NRM regions—

(a) give attention to the nature and form of the natural environment and give particular attention to water catchment areas and biogeographical regions; and

(b) take into account relevant economic, social, cultural and local government boundaries or areas.

(3) The Minister may, by subsequent notice in the Gazette—

(a) vary the boundaries of any NRM region;

(b) abolish an NRM region (on the basis that a new division is to occur).

(4) If the Minister takes action under subsection (3), the Minister may, by notice in the Gazette, make provision for any transitional or consequential matter, including for the transfer, apportionment or adjustment of property, assets, rights, liabilities or expenses as between any relevant regional NRM boards or the alteration or revision of any plan under this Act (and any such notice will have effect according to its terms and despite any other provision of this or any other Act, or any law, agreement or arrangement).

(5) The Minister must, before publishing a notice under subsection (3)—

(a) give the LGA notice of the Minister's intention to publish a notice under that subsection and give consideration to any submission made by the LGA within a period (being at least 21 days) specified in the notice; and

(b) consult with the NRM Council.


Division 2—Establishment of regional NRM boards

24—Establishment of boards

(1) The Minister must, by notice in the Gazette, establish a regional NRM board for each NRM region.

(2) A notice under subsection (1) must—

(a) identify the region in relation to which the regional NRM board is established; and

(b) assign a distinctive name to the regional NRM board; and

(c) set out functions of the regional NRM board (if any) that are additional to the functions prescribed by this Act.

(3) The Minister may, by subsequent notice in the Gazette—

(a) vary a notice under this section (including by making a variation to the functions of the regional NRM board under subsection (2)(c));

(b) abolish a regional NRM board (on the basis that the relevant region is being abolished under Division 1).

(4) A notice relating to a regional NRM board under subsection (3) may provide for any transitional or consequential matter, including—

(a) by providing that the property, assets, rights or liabilities of the board will vest in or attach to—

(i) the Crown; or

(ii) a Minister; or

(iii) another NRM authority; or

(iv) any other agency or instrumentality of the Crown; or

(v) with the agreement of the relevant person or body, a person or body specified in the notice;

(b) by making provision with respect to any relevant regional NRM plan,

(and any such notice will have effect according to its terms and despite any other provision of this or any other Act, or any law, agreement or arrangement).

(5) The Minister must, before publishing a notice under subsection (3)—

(a) give the LGA notice of the Minister's intention to publish a notice under that subsection and give consideration to any submission made by the LGA within a period (being at least 21 days) specified in the notice; and

(b) consult with the NRM Council.

25—Corporate nature

(1) A regional NRM board—

(a) is a body corporate; and

(b) has perpetual succession and a common seal; and

(c) can sue and be sued in its corporate name; and

(d) is an instrumentality of the Crown and holds its property on behalf of the Crown; and

(e) has the functions and powers assigned or conferred by or under this or any other Act.

(2) If a document appears to bear the common seal of a regional NRM board, it will be presumed, in the absence of proof to the contrary, that the common seal of the regional NRM board was duly fixed to the document.

(3) A regional NRM board is subject to the direction and control of the Minister.


Division 3—Membership

26—Composition of boards

(1) A regional NRM board consists of up to 9 members appointed by the Governor on the nomination of the Minister, being persons who collectively have, in the opinion of the Minister, after taking into account any recommendation of the NRM Council, knowledge, skills and experience necessary to enable the board to carry out its functions effectively.

(2) Before nominating a person or persons under subsection (1), the Minister—

(a) must place a notice in a newspaper circulating generally throughout the region inviting expressions of interest for appointment to the relevant board within a period specified in the notice, and then take into account any recommendation of the NRM Council after the NRM Council has been given an opportunity to consider any expressions of interest received within the relevant time; and

(b) should, insofar as may be relevant to the circumstances of the particular case, consult with—

(i) the LGA; and

(ii) such bodies representing the interests of persons involved in primary production, conservation or natural resource management, or Aboriginal people, as the Minister considers to be appropriate in the circumstances.

(3) The Chief Executive of the Department must ensure that a copy of a notice under paragraph (a) of subsection (2) is published on the Department's website within 2 business days after being published under that paragraph.

(4) For the purposes of subsection (1), the Minister should (as far as is reasonably practicable in the circumstances)—

(a) give consideration to nominating persons so as to provide a range of knowledge, skills and experience across the following areas:

(i) community affairs at the regional level;

(ii) primary production or pastoral land management;

(iii) soil conservation and land management;

(iv) conservation and biodiversity management;

(v) water resources management;

(vi) business administration;

(vii) local government or local government administration;

(viii) urban or regional planning;

(ix) Aboriginal interest in the land and water, and Aboriginal heritage;

(x) pest animal and plant control;

(xi) natural and social science;

(xii) if relevant—coast, estuarine and marine management, fisheries or aquaculture; and

(b) endeavour to nominate persons who are able to demonstrate an interest in ensuring the sustainable use and conservation of natural resources and an awareness of natural resource issues across the relevant region; and

(c) endeavour to ensure—

(i) that a majority of the members of the board reside within the relevant region; and

(ii) that a majority of the members of the board are engaged in an activity related to the management of land.

(5) At least 1 member of a regional NRM board must be a woman and at least 1 member must be a man.

(6) At least 1 member of a regional NRM board must be a member or officer of a council at the time of his or her appointment, unless—

(a) the board's region does not include any part of the area of a council; or

(b) the Minister cannot, after taking reasonable steps, find a member or officer of a council who—

(i) in the opinion of the Minister, is suitable to be appointed as a member of the board; and

(ii) is willing and available to be a member of the board.

(7) The Governor must appoint a suitable member of a regional NRM board to be the presiding member of the board.

(8) The Governor may appoint a suitable person to be the deputy of a member of a regional NRM board.

(9) A deputy may act as a member of a regional NRM board during any period of absence of the member in relation to whom the deputy has been appointed.

(10) The Minister may, by instrument in writing, authorise a person or persons to attend any meeting of a regional NRM board in order to represent the interests of the Commonwealth, the State or local government.

(11) A person who holds an authorisation under subsection (10) is entitled—

(a) to receive notice of any meeting of the board; and

(b) to have access to papers provided to members of the board for the purposes of any meetings; and

(c) to attend, and participate in, any meeting of the board (but has no entitlement to vote).

27—Conditions of membership

(1) A member of a regional NRM board will hold office on conditions determined by the Governor for a term, not exceeding 4 years, specified in the instrument of appointment and will, at the expiration of a term of office, be eligible for reappointment.

(2) The Governor may remove a member of a regional NRM board from office—

(a) for breach of, or non-compliance with, a condition of appointment; or

(b) for mental or physical incapacity to carry out duties of office satisfactorily; or

(c) for neglect of duty; or

(d) for dishonourable conduct; or

(e) if serious irregularities have occurred in the conduct of the board's affairs or the board has failed to carry out its functions satisfactorily and the Minister considers, after consultation with the NRM Council, that the board should be reconstituted for that reason.

(3) The office of a member of a regional NRM board becomes vacant if the member—

(a) dies; or

(b) completes a term of office and is not reappointed; or

(c) resigns by written notice addressed to the Minister; or

(d) is found guilty of an indictable offence; or

(e) is removed from office by the Minister under subsection (2).

28—Allowances and expenses

A member of a regional NRM board is entitled to fees, allowances and expenses approved by the Governor.

29—Validity of acts

An act or proceeding of a regional NRM board is not invalid by reason only of a vacancy in its membership, a defect in the appointment of a member or a situation where all of the requirements of section 26(4) are not satisfied.


Division 4—Functions of boards

30—Functions of boards

(1) The functions of a regional NRM board are—

(a) to undertake an active role with respect to the management of natural resources within its region; and

(b)

(i) to prepare a regional NRM plan in accordance with this Act; and

(ii) to implement that plan; and

(iii) to keep the plan under review to ensure that the objects of this Act are being achieved; and

(c) to promote public awareness and understanding of the importance of integrated and sustainable natural resources management within its region, to undertake or support educational initiatives with respect to natural resources management, and to provide mechanisms to increase the capacity of people to implement programs or to take other steps to improve the management of natural resources; and

(d) to provide advice with respect to the assessment of various activities or proposals referred to the board under this or any other Act; and

(e) to resolve any issues that may arise between any NRM groups that are relevant to the management of natural resources within its region; and

(f) at the request of the Minister or the NRM Council, or on its own initiative, to provide advice on any matter relevant to the condition of natural resources within its region, or on the management of those resources, to conduct any inquiry or audit, or to provide any other advice or report that may be appropriate in the circumstances; and

(g) such other functions assigned to the board by the Minister or by or under this or any other Act.

(2) To avoid doubt, a regional NRM board may act with respect to a particular matter despite the fact that the matter may not fall within the scope of its regional NRM plan.

(3) In performing its functions, a regional NRM board should (as far as is reasonably practicable) seek to work collaboratively with—

(a) the other regional NRM boards whose regions adjoin the region of the board; and

(b) other State agencies, agencies of the Commonwealth, and agencies of the other States and Territories, that have functions that are relevant to those of the board; and

(c) NRM groups with areas that fall (wholly or partially) within the region of the board; and

(d) the constituent councils for the region, and other councils as may be relevant; and

(e) relevant industry, environment and community groups and organisations; and

(f) persons who own or occupy land within the region of the board (insofar as may be relevant).

(4) A regional NRM board will, with respect to the performance of its functions, report to the Minister.


Division 5—Powers of boards

31—General powers

(1) A regional NRM board has the power to do anything necessary, expedient or incidental to—

(a) performing the functions of the board under this or any other Act; or

(b) assisting in the administration of this Act; or

(c) furthering the objects of this Act.

(2) Without limiting the operation of subsection (1) (but subject to subsections (3) and (4)), a regional NRM board may—

(a) enter into any form of contract, agreement or arrangement; and

(b) acquire, hold, deal with and dispose of real and personal property or any interest in real or personal property; and

(c) provide for the care, control, management, conservation or preservation of any natural resource; and

(d) seek expert, technical or other advice on any matter from any person or such terms and conditions as the board thinks fit; and

(e) carry out projects; and

(f) act in conjunction with any other authority or person.

(3) A regional NRM board must not, without the approval of the Minister—

(a) undertake an activity with the object (or principal object) of securing a profit; or

(b) participate in any commercial or business activity.

(4) The Minister may, by instrument in writing given to a regional NRM board, limit or regulate the powers of the board in any other respect.

(5) Subject to any direction of the Minister, a regional NRM board may, as the board thinks fit, undertake activities outside its region.

(6) Money received by a regional NRM board under this Act or in performing its functions or duties or exercising its powers under this Act is not payable into the Consolidated Account and may be applied by the board without further appropriation by Parliament.

(7) In this section—

project includes any form of work, scheme, undertaking or other activity.

32—Power to acquire land

(1) A regional NRM board may, with the approval of the Minister given by instrument in writing, acquire land pursuant to the Land Acquisition Act 1969.

(2) The Minister may give an approval under subsection (1) if the Minister considers that the acquisition of the land is reasonably necessary to further the objects of this Act.

(3) Nothing in this section limits or affects—

(a) the ability of a regional NRM board to acquire land by agreement; or

(b) the operation of any other section of this Act.

33—Special powers to carry out works

(1) Without limiting any other provision of this Act, a regional NRM board may—

(a) construct, maintain or remove any infrastructure; and

(b) excavate any land; and

(c) inspect, examine or survey any land and for that purpose—

(i) fix posts, stakes or other markers on the land; and

(ii) dig trenches or sink test holes in the land to determine the nature of the top soil and underlying strata; and

(iii) remove samples for analysis; and

(d) alter water table levels, stop or reduce the flow of water in a watercourse, divert water flowing in a watercourse to another watercourse or to a lake or control the flow of water in in any other manner; and

(e) hold water in a watercourse or lake or by any other means; and

(f) divert water to an underground aquifer, dispose of water to a lake, underground aquifer or the sea, or deal with water in any other manner; and

(g) deepen, widen or change the course of a watercourse, deepen or widen a lake or take action to remove any obstruction to the flow of water; and

(h) undertake any other form of work (including work undertaken for the purposes of stormwater management or flood mitigation); and

(i) undertake any testing, monitoring or evaluation; and

(j) undertake any other activity of a prescribed kind.

(2) A regional NRM board must not exercise a power under subsection (1)(a), (b), (g) or (h) in relation to private land with the intention that any infrastructure, devices or works will be permanent unless—

(a) it is intended that the owner of the private land will undertake the care, control or management of any relevant infrastructure, devices or works; or

(b) the board has first acquired an easement or other appropriate interest over the relevant land.

(3) Subsection (2) does not limit or affect the ability of a regional NRM board to acquire land by agreement for the purpose of constructing any infrastructure or performing any work.

(4) In this section—

lake includes an artificial lake, dam or reservoir.

34—Entry and occupation of land

(1) This section does not apply to, or in relation to, land the use, or the care, control and management, of which is vested in a regional NRM board.

(2) For the purpose of carrying out its functions or exercising its powers, a regional NRM board, or a person authorised by a regional NRM board, may enter and occupy any land.

(3) A regional NRM board or a person authorised by a regional NRM board must give reasonable notice of his or her intention to enter, or to enter and occupy, land to the occupier of the land.

(4) The period of the notice must be at least 24 hours except—

(a) where the occupier has given his or her consent; or

(b) in an emergency, in which case the person proposing to enter must give such notice (if any) as he or she considers is reasonable in the circumstances.

(5) A regional NRM board or other person acting under this section may not enter residential premises except with the consent of the occupier.

(6) A regional NRM board or other person entering or occupying land under this section—

(a) must cause as little harm and inconvenience as practicable; and

(b) must not occupy the land for any longer than is reasonably necessary; and

(c) must leave the land as nearly as possible in the condition in which he, she or it found the land; and

(d) must co-operate as far as practicable with any owner or occupier of the land.

(7) A person must not, without reasonable excuse, obstruct or hinder a person exercising powers under this section.

Maximum penalty: $20 000.

(8) A person may use force to enter land under this section—

(a) on the authority of a warrant issued by a magistrate; or

(b) if the person believes, on reasonable grounds, that the circumstances require immediate entry on to the land.

(9) A magistrate must not issue a warrant under subsection (8) unless satisfied, on information given on oath, that the warrant is reasonably required in the circumstances.

(10) An application for a warrant under subsection (8)—

(a) may be made either personally or by telephone; and

(b) must be made in accordance with any procedures prescribed by the regulations.

35—Special vesting of infrastructure

(1) Subject to this section, the Governor may, by proclamation made on the recommendation of the Minister, vest in a regional NRM board the use of any infrastructure vested in or under the care, control or management of a public authority.

(2) Subject to this section, the Governor may, by proclamation made on the recommendation of the Minister, vest in a regional NRM board the use of any land vested in or under the care, control or management of a public authority that is specified in the board's regional NRM plan as being land that should be under the care, control and management of the board.

(3) Subject to subsection (4), if the use of infrastructure or land is vested in a regional NRM board under subsection (1) or (2), the care, control and management of the infrastructure or land is also vested in the board and the board is responsible for the maintenance and repair of the infrastructure or the maintenance of the land.

(4) The use of infrastructure or land will be vested exclusively in a regional NRM board by a proclamation under subsection (1) or (2) unless the proclamation provides for the use to be shared by the board and a public authority in which case the proclamation must—

(a) specify the respective responsibilities of the board and the public authority for the care, control and management and the maintenance and repair of the infrastructure or land; and

(b) include any other conditions that are necessary or desirable, in the Governor's opinion, relating to the shared use of the infrastructure or land.

(5) A regional NRM board is not liable to pay compensation to a public authority in respect of a proclamation under subsection (1) and (2).

(6) Subject to this section, the Governor may, by subsequent proclamation made on the recommendation of the Minister, vary or revoke a proclamation under this section.

(7) The Governor cannot make a proclamation under subsection (1), (2) or (6) in relation to infrastructure or land vested in or under the care, control or management of a council or council subsidiary without the consent in writing of the council or council subsidiary.


Division 6—Staff

36—Staff

(1) The staffing arrangements for a regional NRM board will be approved by the Minister.

(2) Any staff under subsection (1) will be—

(a) if appointments have been made under subsection (3)—the persons holding those appointments; or

(b) Public Service employees assigned to work with the regional NRM board.

(3) A regional NRM board may, on terms and conditions fixed by the board with the approval of the Commissioner for Public Employment, appoint persons to the staff of the board.

(4) A person appointed under subsection (3) is not a Public Service employee.


Division 7—Committees and delegations

37—Committees

(1) A regional NRM board—

(a) must establish the committees required by the regulations; and

(b) may establish such other committees as the board thinks fit,

to advise or assist the board.

(2) A committee established under subsection (1) may, but need not, consist of or include members of the regional NRM board.

(3) The procedures to be observed in relation to the conduct of the business of a committee will be—

(a) as prescribed by regulation; or

(b) insofar as the procedure is not prescribed by regulation—as determined by the regional NRM board; or

(c) insofar as the procedure is not prescribed by regulation or determined by the regional NRM board—as determined by the committee.

(4) A regional NRM board must, in acting under this section, comply with any guidelines issued by the Minister for the purposes of this section.

38—Power of delegation

(1) A regional NRM board may delegate a function or power of the board under this or any other Act—

(a) to a member of the board; or

(b) with the approval of the Minister—to a committee established by the board; or

(c) with the approval of the council—to a council or an officer of a council; or

(d) with the approval of the council subsidiary—to a council subsidiary or an officer of a council subsidiary; or

(e) to a member of the staff of the board; or

(f) to an NRM group; or

(g) with the approval of the Minister—to any other person or body.

(2) A delegation under this section—

(a) must be by instrument in writing; and

(b) may be absolute or conditional; and

(c) does not derogate from the ability of the regional NRM board to act in any matter; and

(d) is revocable at will.

(3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.


Division 8—Accounts, audit and reports

39—Accounts and audit

(1) A regional NRM board must cause proper accounts to be kept of its financial affairs and must cause financial statements to be prepared in respect of each financial year.

(2) The Auditor-General may at any time, and must in respect of each financial year, audit the accounts and financial statements required under subsection (1).

40—Annual reports

(1) A regional NRM board must, on or before 31 October in every year, provide to the NRM Council a report on its activities for the financial year ending on the preceding 30 June (and need not provide a report under section 6A of the Public Sector Management Act 1995).

(2) The report must—

(a) include an assessment of the extent to which the regional NRM board has succeeded in implementing its regional NRM plan; and

(b) include the audited accounts and financial statements of the regional NRM board; and

(c) include a report on the activities of NRM groups within its region; and

(d) include other information required by or under this Act or the regulations.

41—Specific reports

(1) The Minister or the NRM Council may, by written notice to a regional NRM board, require the board to provide to the Minister or the NRM Council, within a period stated in the notice or at stated intervals, any report or reports relating to the performance, exercise or discharge of its functions, powers or responsibilities, as the Minister or the NRM Council (as the case may be) thinks fit.

(2) If a requirement is imposed under subsection (1), the regional NRM board must cause a statement of the fact of the imposition of the requirement to be published in its next annual report.


Division 9—Appointment of administrator

42—Appointment of administrator

(1) The Minister may appoint an administrator of a regional NRM board, or remove or replace an administrator previously appointed under this section.

(2) Before appointing an administrator of a regional NRM board, the Minister must be satisfied that the board—

(a) has persistently failed properly to perform its functions; or

(b) has contravened, or failed to comply with, a provision of this Act; or

(c) has been guilty of serious financial mismanagement.

(3) The function of an administrator is to reorganise the management and operations of the regional NRM board to the extent necessary to enable it to perform its functions and exercise its powers efficiently on a continuing basis in accordance with this Act.

(4) An administrator has, while the appointment remains in force, full and exclusive power to perform the functions and exercise the powers of the regional NRM board.

(5) An administrator must comply with any directions that the Minister may give from time to time.

(6) If an administrator has a direct or indirect personal or pecuniary interest in any matter in relation to which he or she proposes to act as administrator under this section, the administrator must disclose the nature of the interest to the Minister before acting.

Maximum penalty: $20 000.

(7) The remuneration of an administrator will be fixed by the Minister and is payable from the regional NRM board's funds.

(8) An administrator may, by instrument in writing, delegate a function or power of the administrator under this Act.

(9) A delegation under this section—

(a) may be absolute or conditional; and

(b) does not derogate from the ability of the administrator to act in any matter; and

(c) is revocable at will.

(10) A person to whom functions or powers have been delegated under subsection (8) who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to exercise those functions or powers must disclose the nature of the interest in writing to the administrator.

Maximum penalty: $20 000.

(11) It is a defence to a charge of an offence against subsection (6) or (10) to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter.

(12) The members of a regional NRM board are suspended from office while an administrator holds office under this section.

(13) The Minister must consult with the NRM Council before the Minister appoints an administrator under this section.


Division 10—Related matters

43—Use of facilities

A regional NRM board may, by arrangement with the relevant body, make use of the services of the staff, equipment or facilities of—

(a) an administrative unit in the Public Service; or

(b) a public authority.

44—Board's power to provide financial assistance etc

(1) A regional NRM board may provide financial or any other form of assistance—

(a) to councils, persons carrying on business, community or volunteer groups or any other persons if the council, person or group is engaged in an activity, whether in the board's region or not, that will improve the state of any natural resources, or that relates in any other way to the management of natural resources, taking into account the provisions of the board's regional NRM plan; or

(b) to assist persons who have been detrimentally affected as a result of the board's implementation of its regional NRM plan; or

(c) in any other circumstances as the board thinks fit.

(2) A regional NRM board may require a person who wishes to obtain financial or other assistance under subsection (1) to make a written submission to the board setting out—

(a) the nature of the assistance requested (and, in the case of financial assistance, the amount requested); and

(b) the purpose or purposes for which and the manner in which the assistance will be used; and

(c) the reasons why, in the applicant's opinion, the granting of the assistance by the board is justified.

(3) A regional NRM board may make copies of submissions received by it under subsection (2) available for inspection and purchase by members of the public.

(4) A regional NRM board may provide financial or other assistance on such conditions as the board thinks fit.

45—Assignment of responsibility for infrastructure to another person or body

(1) A regional NRM board may assign any responsibility for the care, control or management of infrastructure—

(a) to an NRM group; or

(b) to an owner or occupier of land on which the infrastructure is situated if the relevant owner or occupier agrees to the assignment; or

(c) with the approval of the Minister, to a third party.

(2) The Minister must ensure that reasonable steps have been taken to consult with any owner or occupier of the relevant land before an assignment is made under subsection (1)(c).

(3) An assignment under subsection (1)(b) or (c) will be effected by agreement entered into in accordance with the regulations.

(4) An agreement under subsection (3) may include arrangements for access to the land on which the infrastructure is situated.

(5) The Registrar-General must, on an application by the relevant regional NRM board, note an agreement under subsection (3) against the instrument of title for the land where the infrastructure is situated or, in the case of land not under the provisions of the Real Property Act 1886, against the land where the infrastructure is situated.

(6) If a note has been entered under subsection (5), an arrangement for access to the relevant land is, despite the provisions of the Real Property Act 1886, binding on each owner of the land from time to time and on any occupier of the land.

(7) The Registrar-General must, on the application of the relevant regional NRM board, enter a note of any rescission or amendment of an agreement under subsection (3) against the instrument of title, or against the land (but must otherwise ensure that the note is not removed once made).

46—Appointment of body to act as a board

(1) The Governor may, by regulations made on the recommendation of the Minister, appoint a body specified in the regulations to be a regional NRM board under this Act.

(2) The regulation must—

(a) identify the NRM region in relation to which the body is appointed; and

(b) set out the functions of the body (if any) that are in addition to the functions prescribed by this Act.

(3) The Governor may, by subsequent regulation made on the recommendation of the Minister, vary or revoke a regulation under this section.

(4) A regulation revoking a regulation may provide that the assets, rights and liabilities of the body that relate to its functions under this Act will vest in or attach to—

(a) the Crown; or

(b) a Minister; or

(c) with the agreement of the council or council subsidiary, a council or council subsidiary; or

(d) any other agency or instrumentality of the Crown; or

(e) any other person or body.

(5) Division 4, Division 5, Division 6, Division 7 and Division 8, and the other provisions of this Division, and any other provisions of this Act prescribed by the regulations, apply to and in relation to a body appointed under this section as if it were a regional NRM board, subject to such exclusions or modifications as may be prescribed by the regulations.

(6) A body appointed under this section is subject to direction by the Minister in performing its functions and exercising its powers under this Act.

(7) If a body appointed under this section has been established by or under another Act and there is a conflict between a function of the body under that Act and a function of the body when acting as a regional NRM board under this Act, the body must perform its function under its originating Act in preference to its function under this Act.

(8) If a body must perform a function under subsection (7) in preference to a function under this Act, the Chief Officer may, after consultation with the Minister, perform the relevant function under this Act as if the Chief Officer were constituted as a regional NRM board.


Part 4—NRM groups

Division 1—Establishment of areas

47—Establishment of areas

(1) The Minister may, by notice in the Gazette, designate an area as the area within which an NRM group will operate.

(2) The Minister may, by subsequent notice in the Gazette—

(a) vary the boundaries of an area established under this section;

(b) abolish an area established under this section.

(3) If the Minister takes action under subsection (2) the Minister may, by notice in the Gazette, make provision for the transfer, appointment or adjustment of property, assets, rights, liabilities or expenses as between any specified NRM authorities (and any such notice will have effect according to its terms and despite any other Act, law, agreement or arrangement).

(4) Subsection (3) does not limit or derogate from the powers of the Minister under another section of this Act.

(5) The Minister may only act under this section on the recommendation of, or after consultation with, the relevant regional NRM board or boards.

(6) The Minister must, before publishing a notice under subsection (1) or (2), give any constituent council for the area notice of the Minister's intention to publish a notice under the subsection and give consideration to any submission made by the council within a period (being at least 21 days) specified in the notice.

(7) The Minister should normally act on the basis that the area of an NRM group will be wholly within the region of 1 regional NRM board but the Minister may, if the Minister considers that the particular circumstances justify so doing, establish an area under this section that includes parts of the areas of 2 or more regional NRM boards.


Division 2—Establishment of NRM groups

48—Establishment of groups

(1) The Minister must, by notice in the Gazette, establish an NRM group for each area established under Division 1.

(2) A notice under subsection (1) must—

(a) identify the area in relation to which the NRM group is established; and

(b) assign a distinctive name to the NRM group.

(3) The Minister may, in a notice under subsection (1), limit or restrict the functions or powers of an NRM group under this Act (and any such provision will have effect according to its terms).

(4) The Minister may, by subsequent notice in the Gazette—

(a) vary a notice under this section (including by making a variation to any provision of the notice that applies under subsection (3));

(b) abolish an NRM group (on the basis that the relevant area is being abolished under Division 1).

(5) A notice relating to an NRM group under subsection (4) may provide that the property, assets, rights or liabilities of the local NRM group will vest in or attach to—

(a) the Crown; or

(b) a Minister; or

(c) another NRM authority; or

(d) any other agency or instrumentality of the Crown; or

(e) with the agreement of the relevant person or body, a person or body specified in the notice,

(and any such notice will have effect according to its terms and despite any other Act, law, agreement or arrangement).

(6) The Minister may only act under this section on the recommendation of, or after consultation with, the relevant regional NRM board or boards.

49—Corporate nature and responsibility at regional level

(1) An NRM group—

(a) is a body corporate; and

(b) has perpetual succession and a common seal; and

(c) can sue and be sued in its corporate name; and

(d) is an instrumentality of the Crown and holds its property on behalf of the Crown; and

(e) has the functions and powers assigned or conferred by or under this or any other Act.

(2) If a document appears to bear the common seal of an NRM group, it will be presumed, in the absence of proof to the contrary, that the common seal of the NRM group was duly fixed to the document.

(3) If the area of an NRM group lies wholly within the region of 1 regional NRM board—

(a) that board will be responsible for the NRM group; and

(b) the NRM group is subject to direction by that board.

(4) If the area of an NRM group includes parts of the regions of 2 or more regional NRM boards—

(a) after taking into account the recommendations of the relevant boards, the Minister will approve or, if necessary, determine, the extent to which each board will be responsible for the activities of the NRM group (and for any associated financial issues); and

(b) the NRM group is subject to direction by each board to the extent to which the board is responsible for the activities of the NRM group; and

(c) the relevant boards must consult with each other to ensure that there is a reasonable degree of co-ordination and co-operation between the boards with respect to the activities of the NRM group.


Division 3—Membership

50—Composition of NRM groups

(1) An NRM group consists of up to 7 members appointed by the Minister, being persons who collectively have, in the opinion of the Minister, knowledge, skills and experience determined by the Minister to be necessary to enable the NRM group to carry out its functions effectively.

(2) For the purposes of subsection (1), the Minister must—

(a) consult with the regional NRM board or boards that will have responsibility for the NRM group as to the knowledge, skills and experience that should be represented on the NRM group; and

(b) seek nominations from that board or those boards.

(3) A regional NRM board must, before making a nomination under subsection (2)(b)—

(a) place a notice in a newspaper circulating generally throughout the relevant region inviting expressions of interest for appointment to the NRM group within a period prescribed by the regulations, and then take into account any such expressions received within the relevant time; and

(b) consult with any constituent council for its region that is also a constituent council for the area of the NRM group.

(4) The Chief Executive of the Department must ensure that a copy of a notice under paragraph (a) of subsection (3) is published on the Department's website within 2 business days after being published under that paragraph.

(5) The Minister should endeavour to ensure—

(a) that a majority of the members of an NRM group reside within the relevant NRM region or regions; and

(b) that a majority of the members of an NRM group are engaged in an activity related to the management of land.

(6) At least 1 member of an NRM group must be a woman and at least 1 member must be a man.

(7) The Minister must appoint a suitable member of an NRM group to be the presiding member of the group.

(8) The Minister may appoint a suitable person to be the deputy of a member of an NRM group.

(9) A deputy may act as a member of an NRM group during any period of absence of the member in relation to whom the deputy has been appointed.

51—Conditions of membership

(1) A member of an NRM group will hold office on conditions determined by the Minister for a term, not exceeding 4 years, specified in the instrument of appointment and will, at the expiration of a term of office, be eligible for reappointment.

(2) The Minister may remove a member of an NRM group from office—

(a) for breach of, or non-compliance with, a condition of appointment; or

(b) for mental or physical incapacity to carry out duties of office satisfactorily; or

(c) for neglect of duty; or

(d) for dishonourable conduct; or

(e) if irregularities have occurred in the conduct of the NRM group's affairs or the NRM group has failed to carry out its functions satisfactorily and the Minister considers that the NRM group should be reconstituted for that reason.

(3) The office of a member of an NRM group becomes vacant if the member—

(a) dies; or

(b) completes a term of office and is not reappointed; or

(c) resigns by written notice addressed to the Minister; or

(d) is found guilty of an indictable offence; or

(e) is removed from office by the Minister under subsection (2).

52—Allowances and expenses

A member of an NRM group is entitled to fees, allowances and expenses determined by the Minister after consultation with the Commissioner for Public Employment.

53—Validity of acts

An act or proceeding of an NRM group is not invalid by reason only of a vacancy in its membership, a defect in the appointment of a member or a situation where all of the requirements of section 50(5) are not satisfied.


Division 4—Functions of NRM groups

54—Functions of groups

(1) The functions of an NRM group are—

(a) to be actively involved in the development and implementation of any relevant regional NRM plan at the local level (to the extent specified or envisaged by that plan or specified by the relevant board or boards); and

(b) to develop, implement or participate in programs associated with natural resources management at the local level; and

(c) to promote public awareness of the importance of integrated and sustainable natural resources management within its area and to undertake or support educational initiatives with respect to natural resources management; and

(d) to provide advice to regional NRM boards, and other bodies and agencies, with respect to the assessment of various activities, proposals, situations or circumstances within its area; and

(e) such other functions prescribed by the regulations or assigned to the NRM group by the Minister or a regional NRM board, or by or under this or any other Act.

(2) In performing its functions, an NRM group should seek to work collaboratively with—

(a) any other NRM groups whose areas adjoin its area; and

(b) other State agencies and, if relevant, agencies of the Commonwealth, and agencies of the other States and Territories; and

(c) the constituent councils for the area of the NRM group, and other councils as may be relevant; and

(d) relevant industry, environment and community groups and organisations; and

(e) persons who own or occupy land within the area of the NRM group (insofar as may be relevant).

(3) An NRM group will, with respect to the performance of its functions, report to the regional NRM board or boards that have responsibility for the NRM group.


Division 5—Powers of NRM groups

55—General powers

(1) An NRM group has the power to do anything necessary, expedient or incidental to—

(a) performing the functions of the NRM group under this or any other Act; or

(b) assisting in the administration of this Act; or

(c) furthering the objects of this Act.

(2) Without limiting the operation of subsection (1) (but subject to subsections (3) and (4)), an NRM group may—

(a) enter into any form of contract, agreement or arrangement; and

(b) acquire, hold, deal with and dispose of real and personal property or any interest in real or personal properly; and

(c) provide for the care, control, management, conservation or preservation of any natural resource; and

(d) assume the care, control or management, or undertake the maintenance or repair of, any infrastructure; and

(e) seek expert, technical or other advice on any matter from any person or such terms and conditions as the NRM group thinks fit; and

(f) carry out projects; and

(g) act in conjunction with any other authority or person.

(3) An NRM group must not, without the approval of the Minister—

(a) undertake an activity with the object (or principal object) of securing a profit; or

(b) participate in any commercial or business activity.

(4) The Minister may, after consultation with the relevant regional NRM board or boards, by instrument in writing given to an NRM group, limit or regulate the powers of the NRM group in any respect.

(5) A regional NRM board may, by instrument in writing given to an NRM group, limit or regulate the powers of the NRM group with respect to its activities within the region of the board.

(6) Subject to any direction by a regional NRM board, an NRM group may undertake activities outside its area.

(7) In this section—

project includes any work, scheme, undertaking or other activity.


Division 6—Committees and delegations

56—Committees

(1) An NRM group—

(a) must establish the committees required by the regulations, or by any regional NRM board that has responsibility for the NRM group; and

(b) may establish such other committees as the NRM group thinks fit,

to advise or assist the NRM group.

(2) A committee established under subsection (1) may, but need not, consist of or include members of the NRM group.

(3) The procedures to be observed in relation to the conduct of the business of a committee will be—

(a) as prescribed by regulation; or

(b) insofar as the procedure is not prescribed by regulation—as determined by the NRM group; or

(c) insofar as the procedure is not dealt with above—as determined by the committee.

(4) An NRM group must, in acting under this section, comply with any guidelines issued by the Minister for the purposes of this section.

57—Power of delegation

(1) An NRM group may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the NRM group under this or any other Act.

(2) An NRM group may only make a delegation to a council or council subsidiary, or to an officer of a council or a council subsidiary, under this section with the approval of the council or council subsidiary (as the case requires).

(3) A delegation under this section—

(a) must be by instrument in writing; and

(b) may be absolute or conditional; and

(c) does not derogate from the ability of the NRM group to act in any matter; and

(d) is revocable at will.

(4) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.


Division 7—Accounts, audit and reports

58—Accounts and audit

(1) An NRM group must cause proper accounts to be kept of its financial affairs and must cause financial statements to be prepared in respect of each financial year.

(2) The Auditor-General may at any time, and must in respect of each financial year, audit the accounts and financial statements required under subsection (1).

59—Annual reports

(1) An NRM group must, on or before 30 September in every year, provide to the regional NRM board or boards that have responsibility for the NRM group a report on its activities for the financial year ending on the preceding 30 June (and need not provide a report under section 6A of the Public Sector Management Act 1995).

(2) The report must—

(a) include a copy of the audited accounts and financial statements of the NRM group; and

(b) include other information required by or under the regulations.

60—Specific reports

(1) The Minister or a regional NRM board may, by written notice to an NRM group, require the NRM group to provide to the Minister or the regional NRM board, within a period stated in the notice or at stated intervals, any report or reports relating to the performance, exercise or discharge of its functions, powers or responsibilities, as the Minister or the regional NRM board (as the case may be) thinks fit.

(2) If a requirement is imposed under subsection (1), the NRM group must cause a statement of the fact of the imposition of the requirement to be published in its next annual report.


Division 8—Related matters

61—Staff

The Minister or a regional NRM board may provide staff to assist an NRM group in the performance of its functions.

62—Use of facilities

An NRM group may, by arrangement with the relevant body, make use of the services of the staff, equipment or facilities of—

(a) an administrative unit in the Public Service; or

(b) a public authority.

63—Appointment of body to act as group

(1) The Governor may, by regulations made on the recommendation of the Minister, appoint a body specified in the regulations to be an NRM group under this Act.

(2) The regulation must—

(a) identify the area in relation to which the body is appointed; and

(b) set out the functions of the body (if any) that are in addition to the functions prescribed by this Act.

(3) The Governor may, by subsequent regulation made on the recommendation of the Minister, vary or revoke a regulation under this section.

(4) A regulation revoking a regulation may provide that the assets, rights and liabilities of the body that relate to its functions under this Act will vest in or attach to—

(a) the Crown; or

(b) a Minister; or

(c) with the agreement of the council or council subsidiary, a council or council subsidiary; or

(d) any other agency or instrumentality of the Crown; or

(e) any other person or body.

(5) Division 4, Division 5, Division 6 and Division 7, and the other provisions of this Division, and any other provisions of this Act prescribed by the regulations, apply to and in relation to a body appointed under this section as if it were an NRM group, subject to such exclusions or modifications as may be prescribed by the regulations.

(6) A body appointed under this section is subject to direction by the Minister and any relevant regional NRM board in performing its functions and exercising its powers under this Act.

(7) If a body appointed under this section has been established by or under another Act and there is a conflict between a function of a body under that Act and a function of the body when acting as an NRM group under this Act, the body must perform its function under its originating Act in preference to its function under this Act.

(8) The Minister should consult with the relevant regional NRM board or boards before making a recommendation to the Governor under subsection (1).

64—Regional NRM board may act as an NRM group

A regional NRM board may perform any function and exercise any power of an NRM group under this Act as if it were an NRM group.


Part 5—The Chief Officer

65—Chief Officer

(1) The Chief Executive of the Department will be the Chief Officer for the purposes of this Act.

(2) The Minister may authorise a person to act as the Chief Officer—

(a) during a vacancy in the office of Chief Executive; or

(b) when the Chief Officer is absent from, or unable to discharge, official duties.

66—Functions of Chief Officer

(1) The functions of the Chief Officer are—

(a) to assist the Minister in the administration of this Act and to provide advice to the Minister on the enforcement of this Act; and

(b) to undertake responsibility for the operations of State authorised officers under this Act and to keep the operations of other authorised officers under review; and

(c) such other functions assigned to the Chief Executive by the Minister or by or under this Act.

(2) The Chief Officer has the power to do anything necessary, expedient or incidental to—

(a) performing the functions of the Chief Officer under this Act; or

(b) furthering the objects of this Act.

67—Power of delegation

(1) The Chief Officer may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Chief Officer under this Act.

(2) A delegation under this section—

(a) must be made by instrument in writing; and

(b) may be absolute or conditional; and

(c) does not derogate from the ability of the Chief Officer to act in any matter; and

(d) is revocable at will.

(3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.


Part 6—Authorised officers

68—State authorised officers

(1) The Minister may appoint a person to be a State authorised officer.

(2) An appointment under this section may be made subject to such conditions or limitations as the Minister thinks fit.

(3) Without limiting subsection (2), the powers conferred on a State authorised officer under this or any other Act may be exercised in the whole of the State or such part or parts of the State as may be specified in the instrument of appointment.

(4) A State authorised officer is subject to direction by the Chief Officer.

(5) The Minister may vary or revoke an appointment at any time.

69—Regional authorised officers

(1) Subject to this section, a regional NRM board may, by instrument in writing, appoint a person to be a regional authorised officer.

(2) The Chief Officer may, by notice in writing addressed to a regional NRM board, specify the qualifications or experience that a person must possess in order to be appointed, or to remain, a regional authorised officer.

(3) The Chief Officer may, by notice in writing addressed to the regional authorised officer, place conditions or limitations on the ability of a regional authorised officer to exercise a power under this or any other Act.

(4) The Chief Officer must provide a copy of any notice under subsection (3) to the relevant regional NRM board.

(5) Without derogating from subsection (3), the powers conferred on a regional authorised officer under this or any other Act may be exercised within the region of the relevant regional NRM board or, if authorised or directed by the Chief Officer, in any other region subject to any conditions or limitations specified by the Chief Officer.

(6) An appointment under this section may be made subject to such other conditions or limitations as the relevant regional NRM board thinks fit.

(7) A regional authorised officer is subject to direction by the regional NRM board.

(8) A regional NRM board must, at the direction of the Chief Officer, appoint one or more regional authorised officers, or additional regional authorised officers (as the case requires).

(9) A regional NRM board must, at the direction of the Chief Officer, revoke the appointment of a particular regional authorised officer, and may in any event revoke the appointment of a regional authorised officer at any time.

(10) A regional NRM board may only appoint an officer of a council as an authorised officer under this section with the agreement of the council.

70—Identity cards

(1) An authorised officer appointed under this Act must be issued with an identity card—

(a) containing the person's name and a photograph of the person; and

(b) stating that the person is an authorised officer for the purposes of this Act.

(2) The identity card must be issued as soon as is reasonably practicable after the appointment is made (but an authorised officer is not prevented from exercising powers under this Act just because an identity card is yet to be issued).

(3) An authorised officer must, if requested to do so, produce evidence of his or her appointment by showing a copy of his or her notice of appointment, or by showing his or her identity card for inspection, before exercising the powers of an authorised officer under this Act in relation to any person.

(4) For the purposes of subsection (3), an authorised officer who produces a copy of his or her notice of appointment is not required to produce an identity card, and vice versa.

71—Powers of authorised officers

(1) An authorised officer may, as may reasonably be required in connection with the administration, operation or enforcement of this Act, at any reasonable time—

(a) enter any place;

(b) inspect any place, including the stratum lying below the surface of any land, and water on or under any land, and inspect any works, plant or equipment;

(c) enter and inspect any vehicle and for that purpose require a vehicle to stop, or to be presented for inspection at a place and time specified by the authorised officer, and board any vessel or craft;

(d) with the authority of a warrant issued by a magistrate, or in circumstances in which the authorised officer reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on, any place or vehicle;

(e) give directions with respect to the stopping, securing or movement of a vehicle, plant, equipment or other thing;

(f) require a person apparently in charge of a vessel or craft to facilitate any boarding;

(g) bring any equipment or other thing on to any land, and use that equipment or thing on the land;

(h) take measurements, including measurements of the flow of any water on or under any land or relating to any change in any aspect of a natural resource;

(i) place any markers, pegs or other items or equipment in order to assist in testing or monitoring;

(j) take samples of any substance or thing from any place (including under any land), or vehicle;

(k) with the authority of a warrant issued by a magistrate, require any person to produce specified documents or documents of a specified kind, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process;

(l) with the authority of a warrant issued by a magistrate, examine, copy or take extracts from a document or information so produced or require a person to provide a copy of any such document or information;

(m) take photographs, films, audio, video or other recordings;

(n) examine or test any vehicle, plant, equipment, fitting or other thing, or cause or require it to be so examined or tested, or require its production for such examination or testing;

(o) seize and retain anything that the authorised officer reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act, or require a person to surrender, either immediately or within a specified period and at a specified place, anything held or maintained in contravention of this Act;

(p) without limiting the operation of paragraph (o), if the authorised officer finds any animals or plants that are being held or maintained contrary to any requirement or provision of this Act, that are liable to be destroyed or controlled under this Act, or that are prohibited from being in the State under any other Act or law, seize and remove the animals or plants or take measures for their destruction or control;

(q) require a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity;

(r) require a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is reasonably required in connection with the administration, operation or enforcement of this Act to answer questions in relation to those matters;

(s) give directions reasonably required in connection with the exercise of a power conferred by any of the above paragraphs or otherwise in connection with the administration, operation or enforcement of this Act;

(t) require a person holding or required to hold a permit, licence or other authority under this Act, or acting in reliance of a permit, licence or other authority under this Act, to produce immediately the permit, licence or authority for inspection.

(2) Without limiting subsection (1), an authorised officer may exercise a power under this section for the purpose of determining whether a management agreement is being, or has been, complied with.

(3) An authorised officer must not exercise a power conferred by subsection (1) or (2) in respect of residential premises (other than any vessel or craft) unless—

(a) the authorised officer is a State authorised officer; and

(b) the authorised officer—

(i) is acting on the authority of a warrant issued by a magistrate; or

(ii) is exercising the power in order to determine whether the conditions of a permit or licence under this Act are being complied with; or

(iii) is acting in a case where the authorised officer reasonably believes that the circumstances require immediate action.

(4) An authorised officer in exercising powers under this section may be accompanied by such assistants as are reasonably required in the circumstances.

(5) An authorised officer may only use force to enter any place or vehicle—

(a) on the authority of a warrant issued by a magistrate; or

(b) if the authorised officer believes, on reasonable grounds, that the circumstances require immediate action to be taken.

(6) A magistrate must not issue a warrant under subsection (5) unless satisfied that there are reasonable grounds to believe—

(a) that a contravention of this Act has been, is being, or is about to be, committed in or on a place or vehicle; or

(b) that something may be found in or on a place or vehicle that has been used in, or constitutes evidence of, a contravention of this Act; or

(c) that other circumstances require such action to be taken.

(7) An application for the issue of a warrant under this section—

(a) may be made either personally or by telephone; and

(b) must be made in accordance with any procedures prescribed by the regulations.

(8) If an authorised officer digs up any land under this section, the authorised officer must, after taking such steps as the authorised officer thinks fit in the exercise of powers under that subsection, insofar as is reasonably practicable, take steps to ensure that the land is restored to such state as is reasonable in the circumstances.

(9) If any animal or plant is surrendered under subsection (1)(o) or seized or removed under subsection (1)(p), the animal or plant may be destroyed or disposed of in such manner as the Chief Officer approves if the Chief Officer believes on reasonable grounds that such action should be taken.

(10) An authorised officer may require an occupier of any land or a person apparently in charge of any vehicle, plant, equipment or other thing to give to the authorised officer or a person assisting the authorised officer such assistance as is reasonably required by the authorised officer for the effective exercise of powers conferred by this Act.

(11) If a person gives assistance to an authorised officer as required under subsection (10), the person must, if the person so requires, be reimbursed in accordance with the regulations for any reasonable costs and expenses incurred in giving the assistance.

(12) An authorised officer must, in taking action under this section, have regard to any request made by indigenous peoples that the authorised officer (or authorised officers generally) not enter a specified area.

(13) An authorised officer must, before exercising powers under this section in relation to a person, insofar as is reasonably practicable, provide to the person a copy of an information sheet that sets out information about the source and extent of the authorised officer's powers under this section, and about the action that may be taken against the person if the person fails to comply with a requirement or direction of an authorised officer under this section.

(14) For the purposes of subsection (13), an information sheet is a document approved by the Minister for the purposes of that subsection.

(15) Subsection (13) does not apply in any circumstances of a prescribed class.

(16) If—

(a) an authorised officer seizes or takes possession of an animal under this section; and

(b) a permit authorising the keeping of the animal is subsequently issued to a person,

the reasonable costs and expenses in keeping the animal pending its return may be recovered by the Chief Officer from the person to whom the permit has been issued (and, if the Chief Officer so directs, the animal may be retained by an authorised officer until those costs and expenses are paid).

(17) An authorised officer may, if the authorised officer thinks fit, determine not to seize something that the authorised officer suspects has been used in, or may constitute evidence of, a contravention of this Act pending the outcome of any proceedings or other process under this Act (and a decision not to exercise a power of seizure does not prevent the institution of proceedings under this Act).

72—Provisions relating to seizure

(1) If a thing has been seized under section 71(1)(o) or (p) the following provisions apply:

(a) the thing must be held pending proceedings for an offence against this Act related to the thing seized, unless the Chief Officer, on application, authorises its release to the person from whom it was seized, or to any person who had legal title to it at the time of its seizure, subject to such conditions as the Chief Officer thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii));

(b) if proceedings for an offence against this Act relating to the thing are instituted within the prescribed period after its seizure and the defendant is convicted or found guilty of the offence, the court may—

(i) order that it be forfeited to the Crown; or

(ii) where it has been released pursuant to paragraph (a)—order that it be forfeited to the Crown or that the person to whom it was released or the defendant pay to the Crown an amount equal to its market value at the time of its seizure, as the court thinks fit;

(c) if—

(i) proceedings are not instituted for an offence against this Act relating to the thing within the prescribed period after its seizure; or

(ii) proceedings have been so instituted and—

(A) the defendant is found not guilty of the offence; or

(B) the defendant is convicted or found guilty of the offence but no order for forfeiture is made under paragraph (b),

then the person from whom the thing was seized, or any person with legal title to it, is entitled to recover from the Crown (if necessary, by action in a court of competent jurisdiction) the thing itself, or if it has been damaged or destroyed, compensation of an amount equal to its market value at the time of its seizure, unless possession of the thing is (or would be) contrary to another provision of this Act;

(d) if—

(i) possession of the thing by the person from whom the thing was seized is (or would be) contrary to another provision of this Act; or

(ii) a thing is not liable for forfeiture under a preceding paragraph and the Chief Officer has, after taking reasonable steps in the circumstances, been unable to return the thing to the person from whom it was received,

the Chief Officer may deal with or dispose of the thing in such manner as the Chief Officer thinks fit.

(2) Subsection (1) does not limit the operation of section 71(9).

(3) In subsection (1)—

the prescribed period means 12 months or such longer period as the ERD Court may, on application by the Minister, allow.

73—Hindering etc persons engaged in the administration of this Act

(1) A person who—

(a) without reasonable excuse hinders or obstructs an authorised officer or other person engaged in the administration or enforcement of this Act; or

(b) fails to answer a question put by an authorised officer to the best of his or her knowledge, information or belief; or

(c) produces a document or record that he or she knows, or ought to know, is false or misleading in a material particular; or

(d) fails without reasonable excuse to comply with a requirement or direction of an authorised officer under this Act; or

(e) uses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or

(f) falsely represents, by words or conduct, that he or she is an authorised officer,

is guilty of an offence.

Maximum penalty: $20 000.

(2) A person (other than an authorised officer) who, without the permission of the Chief Officer, removes, destroys or interferes with any marker, peg or other item or equipment placed under section 71(1) by an authorised officer is guilty of an offence.

Maximum penalty: $10 000.

74—Self-incrimination

(1) A person is not excused from a requirement under this Part to provide information or answer questions, or to produce any document or record, on the ground that the information, answer, document or record might incriminate the person of an offence.

(2) However, any information or answer furnished, or document or record produced, by a natural person in compliance with such a requirement is not admissible in evidence against the person in criminal proceedings other than—

(a) proceedings for an offence with respect to false or misleading statements, information or records; or

(b) proceedings for an offence in the nature of perjury.

75—Offences by authorised officers

An authorised officer, or a person assisting an authorised officer, who—

(a) addresses offensive language to any other person; or

(b) without lawful authority, hinders or obstructs or uses or threatens to use force in relation to any other person,

is guilty of an offence.

Maximum penalty: $5 000.


Chapter 4—NRM plans

Part 1—State NRM Plan

76—State NRM Plan

(1) The NRM Council must prepare and maintain a plan to be called the State Natural Resources Management Plan.

(2) The State NRM Plan is to set out principles and policies for achieving the objects of this Act throughout the State.

(3) In connection with the operation of subsection (2), the State NRM Plan must—

(a)

(i) assess the state and condition of the natural resources of the State; and

(ii) identify existing and future risks of damage to, or degradation, of the natural resources of the State; and

(iii) provide for monitoring and evaluating the state and condition of the natural resources of the State on an ongoing basis; and

(b) identify goals, set priorities and identify strategies with respect to the management of the natural resources of the State; and

(c) set out or adopt policies with respect to the protection of the environment and the interests of the community through the operation of this Act, including through the control of pest species of animals and plants; and

(d) promote the integrated management of natural resources; and

(e) include or address other matters prescribed by the regulations or specified by the Minister.

(4) The State NRM Plan must take into account the provisions of the Planning Strategy and may identify changes (if any) considered by the NRM Council to be desirable to the Planning Strategy.

(5) The State NRM Plan must also address, adopt or incorporate any plan, policy or strategy specified by the Minister.

(6) The NRM Council must review the State NRM Plan at least once in every 5 years.

(7) Subject to subsection (8) the NRM Council—

(a) may amend the State NRM Plan at any time; and

(b) must amend the State NRM Plan at the direction of the Minister.

(8) The NRM Council must, in relation to any proposal to create or amend the State NRM Plan—

(a) prepare a draft of the proposal; and

(b) take reasonable steps to consult with—

(i) any Government Department or other agency (including a Commonwealth Department or agency) that has a direct interest in the matter; and

(ii) each regional NRM board that has a direct interest in the matter; and

(iii) peak bodies,

in relation to the proposal; and

(c) by public notice, give notice of the place or places at which copies of the draft are available for inspection (without charge) and purchase and invite interested persons to make written representations on the proposal within a period specified by the NRM Council.

(9) Subsection (8) does not apply in relation to an amendment that is being made at the direction, or with the concurrence, of the Minister—

(a) in order to ensure that the State NRM Plan is consistent with any plan, policy or strategy that—

(i) has been prepared, adopted or applied under another Act; and

(ii) falls within a class prescribed by the regulations for the purposes of this provision; or

(b) in order to ensure that the State NRM plan is consistent with any plan, policy or strategy relevant to addressing an urgent situation that has arisen in relation to the protection of any natural resource, or specific class of natural resources, or in order to support the taking of urgent action to safeguard the ecological, environmental, social or economic value of any natural resource, or specified class of natural resources; or

(c) in order to remove or replace information in the State NRM Plan that has been superseded by information that is more reliable or accurate; or

(d) in order to make a change of form (without altering the effect of an underlying policy reflected in the State NRM Plan); or

(e) in order to take action which is considered or accepted by the Minister to be—

(i) addressing or removing irrelevant material or a duplication or inconsistency (without altering the effect of an underlying policy reflected in the State NRM Plan); or

(ii) correcting an error.

(10) The State NRM Plan, and any amendment to the State NRM Plan (other than an amendment made at the direction, or with the concurrence, of the Minister), have no force or effect until adopted by the Minister.

(11) The NRM Council must—

(a) make reasonable provision for the publication of the State NRM Plan; and

(b) ensure that copies of the State NRM Plan are reasonably available for inspection (without charge) and purchase by the public at a place or places determined by the Minister; and

(c) ensure that public notice is given of any amendment to the State NRM Plan within a reasonable time after the amendment is made.

(12) The State NRM Plan is an expression of policy and does not in itself affect rights or liabilities (whether of a substantive, procedural or other nature).

(13) A failure of the NRM Council to comply with a requirement of this section cannot be taken to affect the validity of the State NRM plan, or any other plan or instrument under this Act.

(14) In this section—

peak body means a body interested or involved in natural resource management recognised by the Minister as a peak body for the purposes of this section and includes the LGA and local government bodies nominated by the LGA for the purposes of this section.


Part 2—Regional plans

Division 1—Regional NRM plans

77—Regional NRM plans

(1) A regional NRM board must prepare and maintain a plan for the purposes of its operations (a regional NRM plan).

(2) The plan must be in a form determined or approved by the Minister.

(3) A plan must—

(a) include information of a kind prescribed by the regulations as to—

(i) the natural resources within the relevant region; and

(ii) the state and condition of the natural resources within the relevant region, and related trends; and

(iii) environmental, social, economic and practical considerations relating to the use, management, conservation, protection, improvement and, if relevant, rehabilitation, of the natural resources within the relevant region; and

(iv) the management of pest species of animals and plants; and

(v) other prescribed matters; and

(b) include information about the issues surrounding the management of natural resources at the regional and local level, including information as to—

(i) methods for improving the quality or value of natural resources within the relevant region, and the health of those aspects of the environment that depend on those natural resources; and

(ii) methods for the conservation, use or management of natural resources within the relevant region; and

(iii) action plans to ensure proper stormwater management and flood mitigation; and

(iv) arrangements to ensure proper management of wetlands and estuaries, and marine resources, with particular reference to the relationships between catchment, wetland, estuarine and marine systems; and

(c) set out the board's goals in relation to natural resources management and explain how achievement of those goals will assist to achieve—

(i) the objects of this Act; and

(ii) if the plan is to apply within a part of the Murray-Darling Basin, the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act; and

(d) set out a scheme for the implementation of natural resources management programs and policies in the areas in which the board has an interest, including—

(i) through NRM groups; or

(ii) by working with, or engaging, councils or council subsidiaries, or other bodies or groups (including community groups and volunteers); and

(e) set out the method or methods that the board will use—

(i) to monitor the state and condition of natural resources for the purposes of this Act, and related trends; and

(ii) to assess the extent to which it has succeeded in implementing the plan, with particular reference to the monitoring and evaluation of the effectiveness of natural resources management programs and policies implemented at the regional and local level; and

(iii) to assess the extent to which the board has succeeded in achieving its goals; and

(f) identify the changes (if any) considered by the board to be necessary or desirable to—

(i) a Development Plan under the Development Act 1993; or

(ii) any other statutory instrument, plan or policy (including subordinate legislation),

to further the objects of this Act and, insofar as the plan may apply within a part of the Murray-Darling Basin, the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act; and

(g) identify the changes (if any) considered by the board to be necessary or desirable to—

(i) any activity or practice of another person or body; or

(ii) the manner in which, or the means by which, any other person or body performs any function or exercises any power,

to further the objects of this Act; and

(h) include—

(i) a strategic plan for the next ensuing 10 financial years; and

(ii) a business plan for the next ensuing 3 years, which incorporates an implementation program for the first of those years that includes—

(A) an assessment of the staff and physical resources that the board expects to require during the year; and

(B) an assessment of the infrastructure and land that the board wishes to acquire during the year; and

(C) information on the funding and support that is expected to be provided to NRM groups during the year, and on other areas of expenditure; and

(D) the source of funds necessary to meet expenditure during the year, including by the payment of an amount or the imposition of a levy under Chapter 5, and, if more than one source, the proportion of the funds to be raised from each source; and

(i) if the source, or one of the sources, of the board's funds is the recovery of an amount or the imposition of a levy (or proposed levy) under Chapter 5—include an assessment of the expected social impact of the imposition of any levy under that Chapter; and

(j) if the plan proposes an amount to be recovered by a regional NRM levy under Chapter 5 Part 1 Division 1—set out the basis of the levy that will apply under section 97(3)(a) and include an explanation as to why that particular basis has been chosen; and

(k) set out the matters that the board will consider when exercising its power to grant or refuse permits under Chapter 7 Part 2; and

(l) include such other information or material contemplated by this Act or required by the regulations.

(4) A plan should be consistent with the State NRM Plan.

(5) A plan, when adopted, (and amendments made to a plan when adopted) should, as far as practicable, be consistent with—

(a) any relevant management plan under the Coast Protection Act 1972; and

(b) any relevant Development Plan under the Development Act 1993 (subject to any proposal to amend such a plan); and

(c) any relevant environment protection policy under the Environment Protection Act 1993; and

(d) any relevant plan of management under the National Parks and Wildlife Act 1972; and

(e) the principles of clearance of native vegetation under the Native Vegetation Act 1991 and any guidelines relating to the management of native vegetation adopted by the Native Vegetation Council under that Act; and

(f) any relevant policy relating to the administration or operation of a Mining Act published for the purposes of this Chapter by notice in the Gazette by the Minister for the time being administering that Act after consultation with the Minister administering this Act; and

(g) such other plans, policies, strategies or guidelines as are prescribed by the regulations.

(6) The board must inform the Minister of the inconsistencies (if any) between the plan and plans, policies, strategies or guidelines referred to in subsection (5).

(7) In addition, a plan must—

(a) address, adopt or incorporate any plan, policy or strategy specified by the Minister or the NRM Council; and

(b) address, and be consistent with, any intergovernmental agreement specified by the Minister.

(8) A regional NRM board should, in preparing and reviewing its regional NRM plan, give due consideration to the plans of other boards insofar as this may be relevant to issues or activities under its plan.

(9) A council or council subsidiary must, when performing functions or exercising powers under the Local Government Act 1999 or any other Act, have regard to any regional NRM plan that applies within the relevant area and in particular must give consideration to the question whether it should implement changes to the manner in which, or the means by which, it performs a function or exercises a power or undertakes any other activity that has been identified in the plan as requiring change.


Division 2—Water allocation plans

78—Preparation of water allocation plans

(1) A regional NRM board must prepare a water allocation plan for each of the prescribed water resources in its region.

(2) A plan prepared by a regional NRM board under subsection (1) will be taken to form part of the board's regional NRM plan (and procedures relating to the preparation and adoption of the plan may (but need not) be undertaken in conjunction with procedures for the preparation and adoption of that regional NRM plan).

(3) A water allocation plan may relate to more than one prescribed water resource.

(4) A water allocation plan must—

(a) include—

(i) an assessment of the quantity and quality of water needed by the ecosystems that depend on the water resource and the times at which, or the periods during which, those ecosystems will need that water; and

(ii) an assessment as to whether the taking or use of water from the resource will have a detrimental effect on the quantity or quality of water that is available from any other water resource; and

(b) provide for the allocation (including the quantity of water that is to be available for allocation) and use of water so that—

(i) an equitable balance is achieved between environmental, social and economic needs for the water; and

(ii) the rate of use of the water is sustainable; and

(c) assess the capacity of the resource to meet the demands for water on a continuing basis and provide for regular monitoring of the capacity of the resource to meet those demands; and

(d) identify and assess methods for the conservation, use and management of water in an efficient and sustainable manner; and

(e) provide for the transfer of, and other dealings with, water allocations; and

(f) specify the applications for the transfer of a licence or the water allocation of a licence (if any) in relation to which section 161 will apply; and

(g) to the extent that the regional NRM plan does not so provide—

(i) set out the matters that the board will consider when exercising its powers to grant or refuse permits under Chapter 7 Part 2; and

(ii) identify the changes (if any) considered by the board to be necessary or desirable to—

(A) a Development Plan under the Development Act 1993; or

(B) any other statutory instrument, plan or policy (including subordinate legislation); and

(h) include such other information or material contemplated by this Act or required by the regulations.

(5) The plan should be consistent with the other parts of the regional NRM plan.

(6) If the taking, or the taking and use, of water from a water resource has, or is likely to have, a detrimental effect on the quantity or quality of water that is available from another water resource, the water allocation plan for the first mentioned resource must take into account the needs of persons and ecosystems using water from the other resource as well as the needs of persons and ecosystems using water from its own resource and may, to achieve an equitable balance between competing interests, include provisions designed to prevent or reduce those detrimental effects.

(7) If the taking, or the taking and use, of water from a water resource affects, or is likely to affect, the management of water in another water resource, the water allocation plan for the second mentioned water resource may include provisions relating to the taking, or the taking and use, of water from the firstmentioned water resource.

(8) A water allocation plan may, in order to improve the management of a water resource, change the basis on which water is allocated from the resource notwithstanding that a consequential variation of a water licence to maintain consistency with the plan results in a reduction or increase in the quantity of water allocated by the licence.


Division 3—Preparation and maintenance of plans

79—Application of Division

This Division applies to a plan under Division 1 or Division 2.

80—Concept statement

(1) A regional NRM board must, in relation to a proposal to create a plan, prepare a concept statement.

(2) A concept statement must—

(a) set out in general terms the proposed content of the plan; and

(b) specify matters to be investigated by the board before preparation of a draft plan; and

(c) set out the proposals (if any) for consultation on a draft plan (including proposals for public consultation during preparation of a draft plan) that are in addition to the requirements of this Act for consultation.

(3) Before preparing a concept statement the board—

(a) must consult with any NRM group that has a direct interest in the matter; and

(b) must, if required by guidelines issued by the Minister for the purposes of this section, reach agreement with the Minister as to the contents of the concept statement.

(4) The concept statement must be referred for comment to—

(a) if the statement proposes that an amendment to a Development Plan under the Development Act 1993 be considered, the Minister for the time being administering that Act; and

(b) any Government Department or other agency that has a direct interest in the proposed plan; and

(c) the NRM Council; and

(d) each constituent council for the region; and

(e) the public (by notice published in a newspaper circulating throughout the region).

(5) The period for making comments under subsection (4) will be 6 weeks, or such longer period as the board may allow, and the board must, at the conclusion of that period, consider any relevant comments provided to the board within that period.

(6) The board may, as a result of any comments considered under subsection (5), or in any event as it thinks fit, amend the concept statement.

(7) However, if required by guidelines issued by the Minister for the purposes of this section, the board must reach agreement with the Minister before it makes an amendment to a concept statement under subsection (6).

(8) The board must then ensure that the concept statement (as amended if the case requires), and the results of any relevant investigations, are made available to the public in the manner prescribed by the regulations.

81—Preparation of plans and consultation

(1) A regional NRM board must prepare a draft plan based on the concept statement and the results of the board's investigations.

(2) If the board has identified an amendment that it considers to be necessary or desirable to a Development Plan under the Development Act 1993, the board must—

(a) seek and consider the advice of a person with qualifications prescribed for the purposes of section 26(1) of the Development Act 1993; and

(b) consult with the Minister for the time being administering the Development Act 1993.

(3) If the Minister consulted under subsection (2) agrees to the consideration of an amendment to a Development Plan, the board may prepare a report in relation to the proposed amendment and include the report in the draft plan.

(4) A report under subsection (3) must comply with any requirement prescribed by the regulations and be approved by the Minister consulted under subsection (2) before it is included in the draft plan.

(5) The board must also, during the preparation of the draft plan, take into account any submissions made to the board by members of the public in relation to the matter.

(6) When the draft plan is completed, the board must—

(a) give a copy of it to—

(i) the Minister; and

(ii) the Minister for the time being administering the Development Act 1993; and

(iii) any Government Department or other agency that has a direct interest in the proposed plan; and

(iv) the NRM Council; and

(v) any NRM group that has a direct interest in the proposed plan; and

(vi) each constituent council for the region; and

(vii) if the board proposes that land should be acquired in connection with the implementation of the plan—the relevant owner or owners of land; and

(viii) if the draft plan has any application with respect to the operations of SA Water—SA Water; and

(ix) such other persons or bodies as are prescribed by the regulations; and

(b) consult the public in relation to the plan.

(7) The Minister may require that the board obtain the approval of the Minister before the board releases a draft plan under subsection (6).

(8) A person or body (other than the Minister) to which a copy of a draft plan is provided under subsection (6)(a) may prepare and furnish a response to the board within the period prescribed by the regulations.

(9) The board must consult with the public under subsection (6)(b) by inviting the public to make written submissions to the board and to attend a public meeting to be held in relation to the draft plan.

(10) An invitation under subsection (9) must be by advertisement in—

(a) a newspaper circulating generally throughout the State; and

(b) a newspaper circulating throughout the board's region,

and in such other form (if any) prescribed by the regulations or as the board thinks fit.

(11) An advertisement required under subsection (10) must—

(a) identify the relevant region; and

(b) with respect to an invitation for submissions—state the name and address of the person to whom submissions must be sent and the time by which submissions must be received; and

(c) with respect to an invitation to attend a public meeting—state the time and place at which the meeting will be held; and

(d) include an address at which copies of the plan may be inspected and purchased.

(12) Written submissions must be made to the board by a date specified by the board (being a date that is at least 2 months after the first publication of an invitation under subsection (10)(a)).

(13) A public meeting—

(a) will be held on a date specified by the board (being a date that is at least 14 days after the first publication of an invitation under subsection (10)(a)); and

(b) must be held at a time and place that will, in the opinion of the board, be reasonably convenient for a majority of those persons who are likely to attend the meeting.

(14) The board must appoint a suitable person to conduct a public meeting.

(15) A person who has conducted a public meeting must, as soon as practicable after the meeting has concluded, submit a written report to the board summarising the comments made at the meeting by members of the public in relation to the draft plan.

(16) The board must, after complying with the requirements of the preceding subsections, prepare a report on the matters raised during consultation on the draft plan and on any recommended alterations to the plan.

(17) A report under subsection (16) must comply with any requirements prescribed by the regulations.

(18) The board must furnish the report prepared under subsection (16) to the Minister.

82—Submission of plan to Minister

(1) On the receipt of a draft plan and report under section 81(18), the Minister must consult with the NRM Council, and may consult with such other persons or bodies as the Minister thinks fit.

(2) The Minister must also, in considering a draft plan under this section, have regard to the submissions (if any) received from members of the public and to the reports of the person or persons who conducted any public meeting.

(3) After complying with the requirements of subsections (1) and (2), the Minister may—

(a) adopt the plan with or without amendment; or

(b) refer the plan back to the board for further consideration.

(4) If the Minister adopts the plan with amendment, the Minister must give—

(a) a copy of the plan as amended; or

(b) if it appears to the Minister that the part or parts of the plan that have been amended can conveniently be substituted in the draft plan—a copy of that part or those parts as amended,

to the board and to each constituent council.

(5) If the Minister refers the plan back to the board, it must prepare a new draft plan and follow the procedures as to consultation provided for by this Part in respect of the new draft.

(6) The Minister adopts a plan by signing a certificate endorsed on the plan that the Minister has adopted the plan.

(7) If a plan provides that the whole or part of the funds required for implementation of the plan should comprise an amount to be raised under Chapter 5 (in this section referred to as a levy proposal) the Minister must, within 7 days after adopting the plan, refer the plan to the Natural Resources Committee of Parliament.

(8) The Natural Resources Committee must, after receipt of a plan under subsection (7)—

(a) resolve that it does not object to the levy proposal; or

(b) resolve to suggest amendments to the levy proposal; or

(c) resolve to object to the levy proposal.

(9) If, at the expiration of 28 days from the day on which the plan was referred to the Natural Resources Committee, the Committee has not made a resolution under subsection (8), it will be conclusively presumed that the Committee does not object to the levy proposal and does not propose to suggest any amendments to it.

(10) If an amendment is suggested under subsection (8)(b)—

(a) the Minister may make the suggested amendment; or

(b) if the Minister does not make the suggested amendment, the Minister must report back to the Committee that he or she is not willing to make the amendment suggested by the Committee (in which case the Committee may resolve that it does not object to the levy proposal as originally adopted, or may resolve to object to the proposal).

(11) The Minister must act under subsection (10) within 28 days after receiving the suggested amendment from the Committee.

(12) If the Natural Resources Committee resolves to object to a levy proposal, the Presiding Member of the Committee must ensure that a copy of the plan is laid before the House of Assembly.

(13) If the House of Assembly passes a resolution disallowing the levy proposal of a plan laid before it under subsection (12), the levy proposal ceases to have effect.

(14) A resolution is not effective for the purposes of subsection (13) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the plan was laid before the House of Assembly.

(15) If a resolution is passed under subsection (13), notice of the resolution must forthwith be published in the Gazette.

(16) In addition to the preceding subsections, the Minister must, in considering whether to adopt a draft plan that provides for an amendment to a Development Plan under the Development Act 1993

(a) consult with the Minister for the time being administering the Development Act 1993; and

(b) seek and consider the advice of a person with qualifications prescribed for the purposes of section 26(1) of the Development Act 1993; and

(c) to the extent that consultation is not covered by section 80(4)(d), consult with any council whose area would be affected by the proposed amendment.

(17) Subject to subsection (18), in a case where subsection (16) applies the Minister is not to proceed to adopt the draft plan without the concurrence of the Minister for the time being administering the Development Act 1993.

(18) If the Minister administering the Development Act 1993 refuses to grant his or her concurrence, the Minister for the time being administering this Act may remove the proposed amendment from the draft plan and then proceed to adopt the draft plan without that amendment.

(19) If a draft plan is adopted in accordance with subsection (18), the Minister for the time being administering the Development Act 1993 must under section 29 of that Act amend the Development Plan in the manner contemplated by the plan.

83—Review and amendment of plans

(1) A regional NRM board may initiate procedures to amend a plan at any time but in any event must review its business plan annually.

(2) A board must, in relation to the annual review of its business plan required by subsection (1), amend the plan so that it specifies the next ensuing 3 financial years as the period to which its business plan relates.

(3) A board may also, in connection with the annual review of its business plan required under subsection (1), propose amendments (if any) that are required for consistency with the State NRM Plan and may, as it thinks fit, propose such other amendments to the plan that the board considers to be necessary or desirable in the circumstances.

(4) A regional NRM board must review its entire regional NRM plan at least once during each period of 5 years following adoption of the plan.

(5) When reviewing a plan, a board must have regard to any relevant report of the NRM Council relating to the board.

(6) Subject to subsections (7) and (9) and to Division 4, the procedures prescribed by or under this Division for the preparation and adoption of the original plan must be followed when a plan is amended under this section.

(7) Subject to subsections (10) and (11), if the only amendments to a regional NRM plan are within the ambit of subsection (8), it is not necessary to follow the procedures referred to in subsection (6) if—

(a) a board—

(i) publishes a copy of the proposed amendments in a newspaper circulating in the board's region together with a notice inviting members of the public to provide it with written submissions in relation to the proposed amendments within the prescribed period (being a period of at least 21 days); and

(ii) in a case where an amendment proposes that funds should include an amount to be recovered by a levy under Chapter 5 Part 1 Division 1—takes reasonable steps to consult with any constituent council in relation to the proposed amendment within the prescribed period (being a period of at least 21 days); and

(b) the board forwards copies of any submissions received by it during the prescribed period to the Minister; and

(c) the Minister has regard to those submissions before adopting the amendment.

(8) The following amendments are within the ambit of this subsection:

(a) amendments to the information included in a plan under section 77(3)(a);

(b) amendments to a plan that are within the ambit of subsection (2), or that otherwise relate to a matter included in a plan under section 77(3)(h), (i), (j) or (k) (including a proposal for the payment of an amount or the imposition of a levy under Chapter 5);

(c) without limiting a preceding paragraph, amendments to include new, additional or increased expenditure on a program or programs to address salinity levels at a particular place or within a particular area, and any associated amendments that relate to the imposition of a levy under Chapter 5;

(d) without limiting a preceding paragraph, amendments to address an urgent situation that has arisen in relation to the protection of any natural resource, or specific class of natural resources, within the region, or a part of the region, or in order to take urgent action to safeguard the ecological, environmental, social or economic value of any such natural resource or class of natural resources;

(e) amendments of a class prescribed by the regulations.

(9) The regulations may modify or exclude any of the procedures referred to in subsection (6) for the purposes of considering and making amendments to a plan.

(10) If—

(a) an amendment proposes—

(i) that funds should now comprise or include an amount to be raised or recovered by a levy under Chapter 5 Part 1 Division 1 or 2; and

(ii) such a levy has not been imposed in the financial year immediately preceding the financial year in which the levy is to be imposed; or

(b) an amendment proposes—

(i) that a levy under Chapter 5 Part 1 Division 1 or 2 imposed in one financial year be again imposed in the next financial year; and

(ii) that the amount to be raised or recovered by the levy in the next financial year will be an amount that exceeds the amount raised for the last financial year adjusted to take into account increases (if any) in the CPI during the 12 months ending on 30 September in that last financial year,

the procedures set out in section 82(7) to (15) must be followed when the plan is amended.

(11) A regulation under subsection (8)(e) must not relate to the amendment of a water allocation plan.

(12) The Minister may adopt an amendment to a regional NRM plan under subsection (7) with or without amendment.

(13) If the Minister adopts an amendment with an amendment, the Minister must give a copy of the amendment as amended to the board and to each constituent council.

84—Time for implementation of plans

(1) Subject to this section, a plan cannot be implemented unless or until it has been adopted by the Minister.

(2) A draft plan or amendments to a plan that have not been adopted by the Minister may be implemented by the regional NRM board with the consent of the Minister and the constituent councils and, in the case of a plan referred to in subsection (3), the consent of the Minister for the time being administering the Waterworks Act 1932.

(3) The consent of the Minister for the time being administering the Waterworks Act 1932 is required if, in the opinion of the Minister for the time being administering this Act, implementation of the plan or the amendments under subsection (2) would affect the quality or quantity of water flowing into the waterworks under the Waterworks Act 1932.

(4) If the Minister and the Minister for the time being administering the Waterworks Act 1932 cannot reach agreement for the purposes of subsection (3), the Minister may take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of both Ministers for the purposes of this section).

85—Availability of copies of plans etc

(1) A regional NRM board must make—

(a) each plan; and

(b) all submissions made in respect of a draft plan in accordance with the consultation procedures under this Part; and

(c) such other documents as are prescribed by regulation,

available for inspection and purchase by members of the public.

(2) A board must not charge for inspection of a document referred to in subsection (1) and must not charge more than the fee prescribed by the regulations for sale of copies of a document referred to in subsection (1).

86—Time for preparation and review of plans

(1) The initial regional NRM plan prepared by a regional NRM board need not satisfy all the requirements of this Act but the board must bring it into a form that satisfies those requirements by an amendment, or series of amendments, or must substitute a comprehensive plan that satisfies those requirements as soon as practicable.

(2) If, in the opinion of the Minister, the scope of an initial plan will be so limited that no useful purpose will be served by the preparation of a concept statement or by the public and other consultation required by this Act, the Minister may dispense with the requirements for the concept statement and consultation in relation to the preparation and adoption of that plan.

(3) A board should undertake the annual review of its plan within sufficient time to allow the amendments and procedures relating to amendments required by this Act to be completed before the commencement of the next financial year.


Division 4—Related matters

87—Application of Division

This Division applies to a plan under Division 1 or 2.

88—Validity of plans

(1) A plan, or a provision of a plan, is not invalid because it is inconsistent with the State NRM Plan.

(2) A failure of a regional NRM board to comply with a requirement of this Part cannot be taken to affect the validity of a plan, or any other instrument under this Act.

89—Promotion of River Murray legislation

To the extent that a plan applies to the Murray-Darling Basin or in relation to the River Murray, the plan should—

(a) seek to further the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act; and

(b) be consistent with the terms or requirements of the Agreement approved under the Murray-Darling Basin Act 1993, and any relevant resolution of the Ministerial Council under that Agreement approved under that Act,

(insofar as they may be relevant).

90—Associated Ministerial consents

(1) Subject to subsection (4), if in the opinion of the Minister the implementation of a plan would affect the quality or quantity of water flowing into the waterworks under the Waterworks Act 1932, the Minister must not adopt the plan without the consent of the Minister for the time being administering that Act.

(2) Subject to subsection (4), if in the opinion of the Minister the implementation of a plan would adversely affect any native animal or native plant that is subject to any form of control under the National Parks and Wildlife Act 1972, the Minister must not adopt the plan without the consent of the Minister for the time being administering that Act.

(3) Subject to subsection (4), if in the opinion of the Minister the implementation of a plan would result in the clearance of any native vegetation, the Minister must not adopt the plan without the consent of the Minister for the time being administering the Native Vegetation Act 1991.

(4) If the relevant Ministers cannot reach agreement on a plan under subsection (1), (2) or (3), the Minister administering this Act may adopt the plan with the consent of the Governor.

91—Amendment of plans without formal procedures

(1) A regional NRM board may amend a plan in order—

(a) to correct an error in the plan; or

(b) to achieve consistency with any other plan under this Act; or

(c) to make a change of form (not involving a change of substance) in the plan,

without following the procedures for amendment required by Division 3.

(2) The Minister may amend a plan in order—

(a) to take action which, in the opinion of the Minister, is addressing—

(i) an unfair, inappropriate or unsustainable assumption or position contained or reflected in the plan; or

(ii) a matter that is, or that is based on, a mistake of fact; or

(b) to further the objects of the River Murray Act 2003, or the Objectives for a Healthy River Murray under that Act; or

(c) to achieve greater consistency with the terms or requirements of the Agreement under the Murray-Darling Basin Act 1993, or any resolution of the Ministerial Council under that Agreement,

without following procedures for amendment under Division 3 if the Minister certifies, at the time of making the amendment, that the amendment is not to be used to effect a reduction in existing water allocations of the licences affected by the plan.

92—Plans may confer discretionary powers

A plan may confer discretionary powers.

93—Effect of declaration of invalidity

If a part of a plan is found to be invalid—

(a) the balance of the plan may nevertheless continue to have full force and effect; and

(b) if the part that is found to be invalid arises from, or is attributable to, an amendment (or purported amendment) to the plan then the amendment (or purported amendment) will, to the extent of the invalidity, be disregarded and the plan will, to that extent, revert to the position that applied immediately before it was sought to give the amendment (or purported amendment) effect.


Chapter 5—Financial provisions

Part 1—NRM levies

Division 1—Levies in respect of land

94—Contributions by constituent councils

(1) If the regional NRM plan for a regional NRM board specifies an amount (the base contribution amount) to be contributed by the constituent councils for the region towards the costs of the board performing its functions under this Act in a particular financial year, the constituent councils are responsible to make a contribution based on that amount in accordance with the requirements of this Part in respect of that financial year.

(2) Subject to subsection (3), liability for the amount to be contributed by constituent councils will be shared between them—

(a) if the levy under section 97 is based on the value of rateable land—

(i) unless subparagraph (ii) or (iii) applies, in the proportions that the capital value of the rateable land in the relevant NRM region is distributed amongst the areas of the councils (this subparagraph applies despite the fact that an individual council uses a different basis to impose its levy—see section 97(3)(b));

(ii) if all of the constituent councils base their general rates on the site value of land—in the proportions that the site value of the rateable land in the relevant NRM region is distributed amongst the areas of the councils;

(iii) if all of the constituent councils base their general rates on the annual value of land—in the proportions that the annual value of the rateable land in the relevant NRM region is distributed amongst the areas of the councils;

(b) if the levy is a fixed amount on all rateable land—in proportion to the number of rateable properties situated in the area of each council (being properties that are also situated in the relevant NRM region);

(c) if the levy is a fixed amount that depends on the purpose for which rateable land is used—in proportion to the number of rateable properties used for each relevant purpose that are in the area of each council and are also in the relevant NRM region;

(d) if the levy is based on the area of rateable land—in the proportions that the area of the rateable land in the relevant NRM region is distributed amongst the areas of the councils;

(e) if the levy is based on the purpose for which rateable land is used and the area of rateable land—in the proportions that the area of the rateable land in the relevant NRM region that is used for each purpose is distributed amongst the areas of the councils;

(f) if the levy is based on the location of rateable land—in proportion to the number of rateable properties situated within the location or locations in the area of each council (being properties that are also situated in the relevant NRM region).

(3) The Minister may, in connection with the operation of subsection (2), determine that there should be differentiating factors applied with respect to the calculation of the respective shares of the constituent councils taking into account any matter prescribed by the regulations and make adjustments to the shares that the constituent councils would otherwise contribute on the basis of those factors.

(4) The share of each council will be determined by the Minister after consultation with the council.

(5) A council must, at the request of the Minister, supply the Minister with information in the possession of the council to enable the Minister to determine shares under subsections (2) and (3).

(6) The Minister must, after making a determination of the share of each council taking into account all of the matters referred to above, submit the amount to be contributed by each council to the Governor for approval.

(7) The Minister must cause notice of the determination of a council's share to be given to the council and to be published in the Gazette.

(8) A regulation cannot be made for the purposes of this section unless the Minister has given the LGA notice of the proposal to make a regulation under this section and given consideration to any submission made by the LGA within a period (of at least 21 days) specified by the Minister.

(9) In this section—

rateable land means rateable land under the Local Government Act 1999.

95—Payment of contributions by councils

(1) Subject to subsection (2), a council's share of the amount to be contributed by the constituent councils is payable by the council in approximately equal instalments on 30 September, 31 December, 31 March and 30 June in the year to which the contribution relates and interest accrues on any amount unpaid at the rate and in the manner prescribed by regulation.

(2) If notice of a regional NRM levy imposed by a council in respect of a financial year could not be included in the notice of general rates for that year because the share to be contributed by the council was not approved by the Governor on or before 1 June preceding that year, the council may pay its share in approximately equal instalments on 31 December, 31 March and 30 June in that year.

(3) An amount payable by a council to a regional NRM board under this section and any interest that accrues in respect of that amount is recoverable by the board as a debt.

96—Funds may be expended in subsequent years

To avoid doubt, if an amount paid by a council under this Division is not spent by a regional NRM board in the financial year in respect of which it was paid, it may be spent by the board in a subsequent financial year.

97—Imposition of levy by councils

(1) In order to reimburse themselves for the amounts contributed (or to be contributed) to a regional NRM board under this Division, the constituent councils must impose a levy (a regional NRM levy) on rateable land in the region of the board.

(2) Except to the extent that the contrary intention appears, Chapter 10 of the Local Government Act 1999 applies to and in relation to a regional NRM levy as if it were a separate rate under that Chapter.

(3) Without limiting the operation of any other provision of this Act, the following provisions apply with respect to the application of Chapter 10 of the Local Government Act 1999 to and in relation to a regional NRM levy:

(a) section 154(1), (2) and (3) of that Act will not apply in relation to the levy and the basis for the levy will be chosen from the following (as set out in the relevant regional NRM plan):

(i) the value of rateable land; or

(ii) a fixed charge of the same amount on all rateable land; or

(iii) a fixed charge of an amount that depends on the purpose for which rateable land is used; or

(iv) the area of rateable land; or

(v) the purpose for which rateable land is used and the area of the land; or

(vi) the location of rateable land;

(b) if the value of rateable land is the basis for the levy under paragraph (a), a council must use capital value, site value or annual value as the basis to impose the levy;

(c) if a fixed charge is the basis for the levy under paragraph (a), then section 152 of that Act will apply subject to any modifications prescribed by the regulations;

(d) if relevant, the purposes for which land is used that may be the basis for the levy under paragraph (a) will be purposes prescribed by the regulations;

(e) despite section 154(6) of that Act, a levy under this section may be declared more than 1 month before the commencement of a financial year to which the levy relates with the approval of the Minister;

(f) section 151(5) of that Act will not apply in relation to the levy;

(g) section 156 of that Act will apply (subject to the use of any differentiating factor under paragraph (a));

(h) any other section, or part of any other section, of that Act prescribed by the regulations will not apply in relation to the levy;

(i) the regulations may modify the operation of Chapter 10 of that Act in any other respect.

(4) To avoid doubt, nothing in subsection (3) prevents the operation of section 158 of the Local Government Act 1999.

(5) A council must (as far as is reasonably practicable) fix a regional NRM levy in a manner calculated to return the same amount as the council's share of the amount to be contributed to the relevant regional NRM board under this Division.

(6) A regional NRM levy imposed under this section will be taken to be a rate imposed under the Local Government Act 1999 for the purposes of the Rates and Land Tax Remission Act 1986.

(7) The amount that applies under subsection (5) will be arrived at after taking into account any rebates or remissions to be granted by the council.

(8) A regional NRM levy is not invalid because it raises more or less than the amount that applies under subsection (5).

(9) A regulation cannot be made for the purposes of this section unless the Minister has given the LGA notice of the proposal to make a regulation under this section and given consideration to any submission made by the LGA within a period (of at least 21 days) specified by the Minister.

98—Costs of councils

(1) A regional NRM board is liable to pay to each of the constituent councils for the region an amount determined in accordance with the regulations on account of the costs of the council in complying with the requirements of this Part.

(2) Regulations made for the purposes of subsection (1) may—

(a) provide a method or methods by which a council's costs are to be determined, including by the use of estimates or prescribed amounts in prescribed circumstances;

(b) limit any calculation of costs to amounts prescribed as fair costs;

(c) take into account any financial benefit to a council in receiving payment of a regional NRM levy before it pays its share of the amount to be contributed to the board under this Division.

(3) A payment under subsection (1) must be paid in accordance with the regulations.

(4) A regulation cannot be made for the purposes of this section unless the Minister has given the LGA notice of the proposal to make a regulation under this section and given consideration to any submission made by the LGA within a period (of at least 21 days) specified by the Minister.

99—Outside council areas

(1) If the regional NRM plan for a regional NRM board specifies an amount to be contributed by persons who occupy land outside council areas towards the costs of the board performing its functions under this Act in a particular financial year, the Minister may, with the approval of the Governor, by notice in the Gazette, declare a levy under this section.

(2) A levy declared by the Minister under this section must be set at a level that will return an amount that is as near as reasonably practicable to the amount stated in the relevant regional NRM plan as the amount to be raised by the particular levy under this section, after taking into account any remissions that may apply under this section.

(3) A levy is not invalid because it raises more or less than the amount referred to in subsection (2).

(4) Subject to this section, a levy will be declared with respect to land within the relevant area (to be called rateable land for the purposes of this section).

(5) The regulations may exclude land, or land of a prescribed class, from the operation of this section.

(6) A levy may be based on 1 of the following factors:

(a) the capital value of rateable land;

(b) a fixed charge of the same amount on all rateable land within the relevant area;

(c) a fixed charge of an amount that depends on the purpose for which rateable land is used;

(d) the area of rateable land;

(e) the purpose for which rateable land is used and the area of the land;

(f) any other factor prescribed by the regulations.

(7) The purposes for which land is used that may be the basis for the levy under subsection (6) must be prescribed by regulation.

(8) Differential levies may be declared on any basis prescribed by the regulations.

(9) The Minister may, in declaring a levy, fix a minimum amount payable by way of a levy under this section (despite a preceding subsection).

(10) Subject to subsection (11), the occupier of rateable land is liable to pay a levy declared under this section.

(11) If a person other than the occupier of rateable land has, by notice to the Minister in a manner and form determined by the Minister, assumed liability to pay a levy under this section, that person will be liable to pay the levy.

(12) The Minister must as soon as reasonably practicable after the declaration of a levy under this section cause a notice of the amount of the levy that is payable in respect of any land for the relevant financial year to be served on the person liable to pay the levy.

(13) The notice must state—

(a) the amount of the levy payable; and

(b) the factor on which the levy is based and, if it is a differential levy, the differential basis; and

(c) the date on or before which the levy must be paid or, if the Minister is prepared to accept payment in instalments, the amount of each instalment and the date on or before which it must be paid.

(14) If there are 2 or more occupiers of land, service of a notice on 1 of them will be taken to be service on both or all of them.

(15) The Minister may—

(a) arrange for service of a notice to be effected as part of any other notice served by a public authority or other person;

(b) arrange for collection of a levy to be effected by a public authority or other person.

(16) The Governor may, by regulation—

(a) make other provisions for the collection of the levy (including by making provision for regional NRM boards to pay to the Minister the costs incurred by the Minister with respect to the collection of a levy under this section);

(b) grant remissions in respect of the levy, or a part of the levy;

(c) provide for such other matters as the Governor thinks fit.

100—Contributions towards work of NRM groups

For the purposes of this Division, any money that under a regional NRM plan is to be raised for the purposes of NRM groups established within the relevant NRM region will be taken to form part of the costs of the relevant regional NRM board performing its functions under this Act.

101—Application of levy

To avoid doubt, nothing in this Division prevents any levy raised in one part of the State being applied by a regional NRM board or NRM group in another part of the State in accordance with the provisions of an NRM plan.


Division 2—Levies in respect of water

102—Interpretation

(1) In this Division, unless the contrary intention appears—

accounting period means a financial year, or part of a financial year, in respect of which a levy is payable under this Division in accordance with a notice served under section 107;

consumption period in relation to an accounting period means a period of approximately the same length as the accounting period that commences or terminates during the accounting period and in respect of which the quantity of water taken is measured by meter readings;

imported water permit means a permit required under section 129(3)(e) with respect to the use of water in the circumstances described in section 129(4)(i);

to irrigate land includes to water land by any means for the purpose of growing any kind of plant or plants;

levy includes—

(a) an instalment of a levy; and

(b) a fee payable to the Minister under section 104(5).

(2) For the purposes of this Division but not for any other purpose, a water licence that is endorsed with a water (holding) allocation will be taken in respect of that allocation to give the holder of the licence the right to take the quantity of water allocated.

(3) For the purposes of this Division, the Minister may declare on a water licence that is endorsed with a water (holding) allocation—

(a) the part of the resource from which water may (notionally) be taken pursuant to the allocation; and

(b) the purpose for which that water will (notionally) be used.

(4) The declaration by the Minister on a water licence of the matters referred to in subsection (3)(a) or (b) does not limit the Minister's discretion when determining the conditions of the conversion of the water (holding) allocation endorsed on the licence to a water (taking) allocation under section 155.

103—Declaration of levies

(1) The Minister may, by notice in the Gazette, declare a levy or levies (a water levy or levies) payable by persons who—

(a) are the holders of water licences granted in relation to a water resource within a specified NRM region; or

(b) are the holders of imported water permits; or

(c) are authorised under section 130 to take water from a water resource within a specified NRM region.

(2) A levy declared by the Minister under this section must be set at a level that will return an amount that is near as reasonably practicable to the amount stated in the relevant regional NRM plan as the amount to be raised by way of that particular water levy under this Division.

(3) A levy is not invalid because it raises more or less than the amount referred to in subsection (2).

(4) A regional NRM plan may include proposals for money raised through the imposition of a levy in 1 or more years to be expanded in a subsequent year or years (and a levy may be declared on this basis).

(5) Levies (other than a levy under subsection (1)(b)) may be declared with respect to the right to take water or with respect to the water taken or both (but not with respect to the taking of water for domestic purposes or for watering stock that are not subject to intensive farming).

(6) A levy may be based on 1 or more of the following factors:

(a) the quantity of water allocated;

(b) the quantity of water taken;

(c) the quantity of water used;

(d) the area of land where the water may be used, or the area of the land where the water is used;

(e) the effect that the taking or using of the water has, or may have, on the environment, or some other effect or impact that, in the opinion of the Minister, is relevant and that is capable of being determined, measured or applied;

(f) any other factor prescribed by the regulations.

(7) Without limiting subsection (6)(e), in the case of the River Murray, a factor on which a levy may be based is the effect that the use of water may have on salinity levels associated with the River Murray.

(8) Different levies may be declared in respect of the same water resource based on 1 or more of the following factors:

(a) the part of the water resource from which the water may be, or is, taken;

(b) the place or location where the water may be, or is, used;

(c) the purpose for which the water may be, or is, used;

(d) the manner in which the water may be, or is, used;

(e) when the right to take or use the water was granted;

(f) any other factor prescribed by the regulations.

(9) For the purposes of subsection (6) or (7), the Minister may, by notice in the Gazette, determine a method or methods by which the effect that the taking or using of water is having may be determined, measured or used.

(10) Without limiting subsection (8), different levies with respect to the right to take water may be declared in respect of the same water resource based on a water allocation and on whether the water allocation is a water (taking) allocation or a water (holding) allocation under a water licence.

(11) The Minister may, in declaring a levy, fix a minimum amount payable by way of a levy under this section (despite a preceding subsection).

(12) If a levy that relates to the River Murray has a component based on the effect that the use of water may have on salinity levels associated with the River Murray, money raised from the levy that is attributable to that component must be applied towards reducing salinity levels associated with the River Murray.

(13) A levy cannot be imposed under this section with respect to the taking of water for domestic purposes or for watering stock that are not subject to intensive farming.

(14) A notice under subsection (1)—

(a) has effect in relation to the financial year specified in the notice; and

(b) subject to subsection (15), must be published in the Gazette on or before the first day of that year.

(15) A notice under subsection (1) with respect to—

(a) water to be taken, or that is taken, from a watercourse, lake or well; or

(b) surface water to be taken, or that is taken, from a particular area of the State,

may be published in the Gazette within 1 month after the watercourse, lake or well became a prescribed watercourse, lake or well or the area became a surface water prescribed area.

104—Provisions applying to water (holding) allocations in declared water resources

(1) This section applies in relation to a water (holding) allocation if the water resource to which the allocation applies has been declared by the Minister by notice in the Gazette to be a water resource in relation to which this section applies and the declaration has not been revoked.

(2) If this section applies in relation to a water (holding) allocation the following provisions apply:

(a) subject to paragraph (b), a levy in respect of the allocation is not payable until the end of the financial year for which the levy is declared;

(b) if the allocation, or a part of it, is transferred to another person during the financial year, the levy or, where part only of the allocation is transferred, a proportionate part of it, is payable by the transferee at the time of transfer;

(c) the levy for a financial year is not payable if the licensee, on application to the Minister, satisfies the Minister that he or she made a genuine, but unsuccessful, attempt throughout, or through the greater part of, the financial year to find a person who was willing to buy the water (holding) allocation subject to the condition that the allocation—

(i) be converted to a water (taking) allocation; or

(ii) be endorsed on the transferee's licence as a water (taking) allocation.

(3) Paragraph (c) of subsection (2) applies in relation to the whole or a part of a water (holding) allocation and where it applies to part only of a water (holding) allocation a proportionate part of the levy is not payable in pursuance of that paragraph.

(4) If the transfer of a water (holding) allocation is subject to a condition referred to in subsection (2)(c), the Minister must not—

(a) approve the transfer of the licence on which the allocation is endorsed; or

(b) vary the transferring and receiving licences,

to effect the transfer unless he or she—

(c) converts the water (holding) allocation to a water (taking) allocation; or

(d) endorses the allocation on the receiving licence as a water (taking) allocation,

(as the case requires) in accordance with the terms of the condition.

(5) If a levy is not payable by virtue of subsection (2)(c), the licensee is liable to pay to the Minister a fee prescribed by the regulations instead of the levy.

(6) An application to the Minister under subsection (2)(c) must—

(a) be in a form approved by the Minister; and

(b) be accompanied by such information as the Minister requires; and

(c) be made before the end of the relevant financial year.

(7) The Minister may, by subsequent notice in the Gazette, vary or revoke a notice under subsection (1).

105—Special purpose water levy

(1) If, in the opinion of the Minister—

(a) it is necessary or desirable to raise money for a particular purpose related—

(i) to the management of a prescribed water resource; or

(ii) to the management of any effect that the taking or using of water may have; or

(iii) to the restoration or rehabilitation of any part of the natural resources of the State, on account of the taking or using of water; and

(b) it is not fair or reasonable that all persons who take, or have the right to take, water from the resource should contribute, or contribute to the same extent, to the amount needed for that purpose; and

(c) the relevant regional NRM plan has identified a levy under this section as an appropriate way to raise money for the purpose concerned,

the Minister may, by notice in the Gazette, declare a levy (a special purpose water levy) that is payable by those persons specified in the notice.

(2) A special purpose water levy may be declared—

(a) on the basis that it will apply for a specified period corresponding to 1 or more financial years; or

(b) on the basis that it will apply until brought to an end by the Minister by notice in the Gazette.

(3) A person cannot be specified in a notice under subsection (1) unless, at some time during the period of 1 month immediately preceding publication of the notice, he or she had the right to take water from the resource (whether he or she actually took water during that period or not).

(4) The Minister may only declare a special purpose water levy if a majority of the persons named in the notice have given their consent to it in writing but if a majority do consent then all of the persons named are primarily liable for the levy even though their entitlement to take water has subsequently ceased.

(5) The consent must be in a form prescribed by regulation and must include the following information:

(a) the amount of the proposed levy at the time of its declaration and the amount that imposition of the levy is expected to raise during a specified period of at least 12 months; and

(b) the purpose for which money raised by the levy will be used; and

(c) the names of the persons to be specified in the notice who will be primarily liable to pay the levy; and

(d) if the levy is to apply for more than 1 financial year—whether the levy may or will be altered from year to year and, if so, the basis on which an alteration will be made.

(6) The Minister must serve the form of consent on all persons to be named in the notice as being primarily liable for the levy.

(7) For the purpose of determining whether a majority of persons have given their consent to a levy, 2 or more persons who would be primarily liable for the levy in respect of the same water licence or the same land or business will be counted as 1 person.

(8) For the purpose of determining whether consent has been given, all of the persons (if more than one) who would be primarily liable for the levy in respect of the same water licence or the same land or business must give their consent.

(9) A form of consent that purports to have been signed by a person who will be liable to pay a special purpose water levy must, in the absence of proof to the contrary, be taken in proceedings before a court or other tribunal to have been signed by that person.

(10) Unless the contrary intention appears, this Division applies to and in relation to a special purpose water levy as though it were a levy declared under section 103, subject to any modifications or exclusions prescribed by the regulations.

(11) The naming of the persons who will be primarily liable for a special purpose water levy in a notice under subsection (1) does not exclude the liability for the levy under section 106 of an existing owner of land or a person who subsequently owns or occupies the land.

(12) Liability for a special purpose water levy is in addition to liability for a levy under section 103.

(13) Nothing in this section limits the ability of the Minister to declare differential levies under section 103 on the bases set out in that section.

106—Liability for levy

(1) Subject to subsection (8), a person who holds a water licence at any time during a financial year in respect of which a levy for the right to take water has been declared is liable to pay to the Minister the full amount of that levy whether he or she holds the licence throughout the year or not.

(2) Subject to subsection (6), a person who holds a water licence at any time during a financial year in respect of which a levy with respect to the taking of water has been declared is liable to pay to the Minister the amount of the levy that applies in relation to the licence.

(3) Subject to subsection (6), a person who takes water pursuant to an authorisation under section 130 at any time during a financial year in respect of which a levy with respect to the taking of water has been declared is liable to pay to the Minister the amount of the levy that applies in relation to the authorisation.

(4) If a levy with respect to the right to take water or for the taking of water applies in relation to water that is intended to be used, or is used, for irrigating land or in the course of carrying on a business on land, the following persons are jointly and severally liable to the Minister for payment of the levy in addition to the person primarily liable under subsection (1), (2) or (3):

(a) in the case of a levy with respect to the right to take water—the owner of the land (if the owner is not the person primarily liable under subsection (1))—

(i) if the levy was declared during the financial year to which the levy relates—at the time the levy was declared; or

(ii) if a water licence was not in existence in relation to that land at the commencement of the financial year to which the levy relates but a licence was granted after the commencement of that year—at the time when the licence was granted; or

(iii) if the levy is payable in respect of an increase in the water allocation—at the time of the increase; or

(iv) in any other case—at the commencement of the financial year to which the levy relates; and

(b) in the case of a levy with respect to water taken—the owner of the land (if the owner is not the person primarily liable under subsection (2) or (3)) when the water was taken; and

(c) all persons who own or occupy the land at any time—

(i) after the person primarily liable under subsection (1), (2) or (3) or the person liable under paragraph (a) or (b); and

(ii) before the levy is paid.

(5) A person who makes a payment to the Minister in respect of his or her liability under subsection (4) may recover the amount of the payment from the person primarily liable under subsection (1), (2) or (3).

(6) If 2 or more persons are liable under subsection (2) or (3) with respect to water taken during different parts of an accounting period and the water used by those persons is used to irrigate the same land or is used in the course of carrying on a business on the same land, the following provisions apply:

(a) the last of those persons to take water during the accounting period will be taken to be liable under subsection (2) or (3) to the Minister for the amount of the levy with respect to water taken during the whole of that period; and

(b) that person is entitled to contribution from the other person or persons who have taken water during another part or parts of the accounting period, calculated on the basis of the quantity of water taken by each of them.

(7) A person is liable under this section for a levy with respect to the right to take water, or with respect to water taken, pursuant to a water licence whether the licence was granted before or after the commencement of this Act.

(8) If—

(a) a water licence is granted after the commencement of a financial year or the water allocation of a water licence is increased after the commencement of a financial year; and

(b) the water allocation, or part of the water allocation, of the licence or the increase, or part of the increase, in the water allocation of the licence is attributable to the surrender of another licence or a reduction in the water allocation of another licence,

a levy with respect to the right to take water is not payable for that year in respect of that part of the water allocation of the licence that is attributable to the surrender of the other licence or the reduction in the water allocation of the other licence.

(9) A levy with respect to the right to take water is payable even though taking water has been prohibited or restricted under this Act or under the licence concerned.

(10) A person who holds an imported water permit at any time during a financial year in respect of which a levy has been declared is liable to pay to the Minister the full amount of that levy whether he or she holds the permit throughout the year or not.

(11) Subject to section 104(2), a levy becomes payable on the date for payment stated in the notice under section 107.

(12) A levy or instalments of a levy are payable pursuant to a notice served under section 107 despite the fact that the person liable disputes the amount of the levy, but any overpayment must be refunded by the Minister when the correct amount is finally determined.

107—Notice of liability for levy

(1) The Minister may serve the notice referred to in subsection (2) on a person who is liable to pay a levy under section 106.

(2) The notice must state—

(a) the amount of the levy payable and the accounting period or periods to which the notice relates; and

(b) the factor, or combination of factors, on which the levy is based; and

(c) the date on or before which the levy must be paid or, if the Minister is prepared to accept payment in instalments, the amount of each instalment and the date on or before which it must be paid.

(3) The accounting period or periods to which a notice relates must be confined to 1 financial year or to part of a financial year.

108—Determination of quantity of water taken

(1) If the basis of a levy is or includes the quantity of water taken then the following provisions apply:

(a) meter readings will be used to determine the quantity of water taken except where—

(i) a meter has not been installed; or

(ii) the readings given by the meter are unreliable in the opinion of the Minister;

(b) if meter readings are used, the quantity of water taken during an accounting period will be taken to be the quantity of water taken during the consumption period for that accounting period;

(c) if meter readings are not used, the quantity of water taken during an accounting period will, subject to subsection (3), be assessed by the Minister on—

(i) the basis of the pumping capacity of the pump (if any) used to take the water; or

(ii) the basis of the area of land irrigated and the crop grown on that land; or

(iii) such other basis as the Minister thinks fit;

(d) water taken—

(i) by the occupier of land for domestic purposes on the land or for providing stock (other than stock subject to intensive farming) kept on the land with drinking water; or

(ii) for firefighting,

must be disregarded;

(e) if water taken for domestic or stock purposes or for firefighting is not measured by meter, or the water taken is used for other purposes as well, the Minister must make an assessment of the quantity of water taken for those purposes in accordance with paragraph (c).

(2) If the Minister uses meter readings or uses any other measuring instrument to determine the quantity of water taken under this Act, the Minister will be taken not to be using a measuring instrument for trade for the purposes of the Trade Measurement Act 1993.

(3) The Minister cannot make an assessment under subsection (1)(c) of the quantity of water taken (except for domestic or stock purposes) unless, before the commencement of the accounting period in relation to which the assessment is to be made, the Minister publishes in the Gazette—

(a) if the basis of assessment is to be pumping capacity—the method to be used in assessing the quantity of water on that basis;

(b) if the basis of assessment is to be crop area—water use rates for the crop concerned;

(c) if some other basis of assessment is to be used—the basis to be used and the method by which it will be used.

(4) If a person liable to pay a levy with respect to water taken from a prescribed water resource is dissatisfied with the accuracy of a meter supplied by the Minister that is being used to measure any quantity of water taken, the person may, on payment of the fee prescribed by the regulations, require the Minister to test the meter.

(5) If—

(a) the meter used to measure any quantity of water taken has not been supplied by the Minister; and

(b) the Minister requires that the meter be tested,

then the person liable to pay a levy with respect to that water must ensure that the meter is tested in the manner prescribed by the regulations and provide a certificate relating to the testing to the Minister in accordance with the regulations.

Maximum penalty: $10 000.

(6) If a person fails to comply with subsection (5), the Minister may arrange for the mter to be tested and recover the cost of the testing from that person as a debt due to the Crown in a court of competent jurisdiction.

(7) If on testing a meter in accordance with this section it is found—

(a) that the quantity of water measured by the meter was not more than 5 per cent more or less than the quantity of water actually taken, the quantity of water measured by the meter will be the quantity in respect of which the levy is payable;

(b) that the quantity of water as measured by the meter was inaccurate by more than 5 per cent and the Minister is able to determine the degree of inaccuracy, the Minister may serve a further notice under section 107 based on the quantity of water taken appropriately adjusted;

(c) that the quantity of water as measured by the meter was inaccurate by more than 5 per cent but the Minister is unable to determine the degree of inaccuracy, the Minister may serve a further notice under section 107 based on the Minister's assessment under subsection (1)(c) and subsection (3) does not apply in relation to an assessment in these circumstances.

(8) If the quantity of water as measured by a meter tested under subsection (4) was inaccurate by more than 5 per cent, the Minister must refund the fee referred to in that subsection.

(9) A person who is dissatisfied with the finding or determination of the Minister under subsection (7) may appeal to the ERD Court against the finding or determination.

(10) If the Minister assesses—

(a) the quantity of water taken under subsection (1)(c); or

(b) the quantity of water used for domestic or stock purposes or for firefighting under subsection (1)(e); or

(c) the quantity of water taken by a person who is not authorised by a licence or under section 130 to take the water,

the assessment and the basis on which it was made cannot be called into question by, or before, any court, tribunal or other authority except on the ground that the assessment was not made in good faith.

(11) If at the time of the declaration of a levy it is declared that this section will apply with respect to the quantity of water used, then a reference in this section to the quantity of water taken will be taken to include a reference to the quantity of water used.

(12) The Governor may, by regulation, prescribe standards for meters used for the purpose of determining the quantity of water taken.

109—Cancellation etc of licence or permit for non-payment of levy

(1) If a person who holds a water licence or an imported water permit has failed to pay a levy, or an instalment of a levy, within 3 months after being served with a notice under section 107, the Minister may serve further notice on the holder of the licence or permit requiring payment within a period of not less than 1 month and stating that the licence or permit (as the case may be) may be cancelled, suspended or varied by the Minister if the amount is not paid within that time.

(2) The Minister may cancel, suspend or vary the water licence or imported water permit by 7 days written notice served on the holder of the licence or permit if the levy or instalment is not paid in accordance with the notice referred to in subsection (1).

110—Costs associated with collection

(1) Subject to subsection (2), a regional NRM board is liable to pay to the Minister an amount determined in accordance with guidelines approved by the Treasurer on account of the costs incurred by the Minister in collecting any levy under this Division that applies in respect of a water resource located within the region of the board.

(2) An amount payable by a regional NRM board with respect to a particular financial year cannot exceed an amount determined in accordance with the regulations.


Division 3—Special provisions

111—Application of Division

This Division applies to—

(a) an OC-NRM levy; and

(b) an NRM water levy.

112—Interest

(1) Interest accrues—

(a) on an unpaid levy; and

(b) on any unpaid instalments of a levy; and

(c) on unpaid interest,

in accordance with the regulations.

(2) A person who is liable to pay a levy is also liable to pay interest that accrues, or has accrued, on or in relation to the levy under this section.

(3) The Minister may release a person suffering financial hardship from liability to pay the whole or part of interest that has accrued under this section.

113—Discounting levies

The Minister may discount a levy in accordance with the regulations to encourage early payment of the levy.

114—Levy first charge on land

A levy will be a first charge on land in accordance with a scheme established by the regulations.

115—Sale of land for non-payment of a levy

(1) If a levy, or interest in relation to a levy, is a first charge on land and has been unpaid for 3 years or more, the Minister may sell the land.

(2) Before the Minister sells land in pursuance of this section, he or she must serve notice on the owner and occupier of the land—

(a) stating the period for which the levy and interest have been in arrears; and

(b) stating the amount of the total liability for the levy and interest presently outstanding and charged on the land; and

(c) stating that if that amount is not paid in full within 1 month of service of the notice (or such longer time as the Minister may allow), the Minister intends to sell the land for non-payment of the levy or interest.

(3) A copy of a notice must be served on—

(a) any registered mortgagee or encumbrancee of the land; and

(b) the holder of any caveat over the land.

(4) If the outstanding amount is not paid in full within the time allowed under subsection (2), the Minister may proceed to sell the land.

(5) The sale will, except in the case of land held from the Crown under a lease, licence or agreement to purchase, be by public auction (and the Minister may set a reserve price for the purposes of the auction).

(6) An auction under this section must be advertised on at least 2 separate occasions in a newspaper circulating generally throughout the State.

(7) If, before the date of the auction, the outstanding amount and the costs incurred by the Minister in proceeding under this section are paid to the Minister, the Minister must withdraw the land from auction.

(8) If—

(a) an auction fails; or

(b) the land is held from the Crown under a lease, licence or agreement to purchase,

the Minister may sell the land by private contract for the best price that the Minister can reasonably obtain.

(9) Any money received by the Minister in respect of the sale of land under this section will be applied as follows:

(a) firstly—in paying the costs of the sale and any other costs incurred in proceeding under this section;

(b) secondly—in discharging the liability for the levy and interest and any other liabilities to the Minister in respect of the land;

(c) thirdly—in discharging the liability (if any) to any other authority under this Act that relates to the administration of this Act;

(d) fourthly—in discharging any liability to the Crown for rates, charges or taxes (including rates, charges or taxes that are a first charge on the land);

(e) fifthly—in discharging any liability to a council for rates or any other liability to a council in respect of the land;

(f) sixthly—in discharging any liabilities secured by registered mortgages, encumbrances or charges;

(g) seventhly—in discharging any other mortgages, encumbrances and charges of which the Minister has notice;

(h) eighthly—in payment to the former owner of the land.

(10) If the former owner cannot be found after making reasonable inquiries as to his or her whereabouts, an amount payable to the former owner must be dealt with as unclaimed money under the Unclaimed Moneys Act 1891.

(11) If land is sold by the Minister in pursuance of this section, an instrument of transfer executed by the Minister will operate to vest title to the land in the purchaser.

(12) If the Minister cannot sell the land under this section after taking all reasonable steps to do so—

(a) the Minister may, by notice in the Gazette, assume title to the land (and title will then, by force of this subsection, vest in the Minister); and

(b) the value of the land vested in the Minister under paragraph (a), as at the date of the notice under that paragraph, will be deducted from any outstanding amount and the costs incurred by the Minister in proceeding under this section.

(13) The title vested under subsection (11) or (12) will be free of—

(a) all mortgages, charges and caveats; and

(b) except in the case of land held from the Crown under lease or licence—all leases and licences.

(14) An instrument of transfer passing title to land in pursuance of a sale under this section must, when lodged with the Registrar-General for registration or enrolment, be accompanied by a statutory declaration made by the Chief Executive of the Department stating that the requirements of this section in relation to the dealing with the land have been observed.

(15) The Chief Executive of the Department must, as soon as is reasonably practicable after the publication of a notice under subsection (12), inform the Registrar-General of the publication of the notice and lodge with the Registrar-General a statutory declaration stating that the requirements of this section in relation to dealing with the land have been observed.

(16) If it is not reasonably practicable to obtain the duplicate certificate of title to land that is vested in a purchaser or the Minister in pursuance of this section, the Registrar-General may register the vesting despite the non-production of the duplicate, but in that event the Registrar-General must cancel the existing certificate of title for the land and issue a new certificate in the name of the transferee or the Minister (as the case may be).

(17) A reference in this section to land, or title to land, held from the Crown under lease, licence or agreement to purchase, is a reference to the interest of the lessee, licensee or purchaser in the land.


Division 4—Related matters

116—Refund of levies

(1) A regional NRM plan or the regulations may set out natural resources management practices designed to conserve, protect, maintain or improve the quality or state of natural resources of a specified kind that will form the basis of an application for a refund of the levy imposed under this Part.

(2) Without limiting subsection (1), natural resources management practices may include—

(a) the establishment of, or participation in, a drainage scheme, or a scheme to restore or rehabilitate natural resources; or

(b) the establishment or maintenance of infrastructure, plant or equipment; or

(c) other initiatives.

(3) The plan or the regulations must specify the amount of the refund that may be applied for.

(4) A person who has undertaken or adopted practices referred to in subsection (1) in a financial year may apply for a refund of the whole or a part of a levy (or a component of a levy) under this Part paid by that person for that year.

(5) The application must be made to the relevant regional NRM board.

(6) A regional NRM board must grant an application under this section if the relevant criteria set out in the regional NRM plan or the regulations have been satisfied.

(7) Without limiting the criteria that may be used, a plan or regulations may specify accreditation by a specified body as the criterion or one of the criteria on which an application will be granted.

(8) An applicant may apply to the Minister for a review of a decision of a regional NRM board under this section.

(9) On the granting of an application, the relevant regional NRM board must pay to the applicant the amount of the refund applied for.

(10) The Minister may also grant a refund of, or an exemption from, the whole or a part of a levy (or a component of a levy)—

(a) as a condition of a water licence; or

(b) under the terms of a management agreement under the River Murray Act 2003; or

(c) by notice in the Gazette.

(11) A refund under this section may be granted on conditions determined by the regional NRM board or by the Minister.

(12) Without limiting subsection (11), a condition may be that the person who has the benefit of the refund pay a fee to cover—

(a) any administrative costs associated with granting the refund; or

(b) any monitoring or assessment costs associated with ensuring that specified criteria or conditions are met.

117—Declaration of penalty in relation to the unauthorised or unlawful taking or use of water

(1) The Minister may, by notice in the Gazette, declare a penalty payable by—

(a) a licensee who takes water in excess of the water allocation of a water licence; or

(b) a licensee who takes water contrary to the provisions that apply with respect to a water (holding) allocation; or

(c) a person who takes water but is not the holder of a water licence and is not authorised under section 130 to take the water; or

(d) a person who has acted in contravention of a notice under section 134.

(2) The Minister may declare different penalties—

(a) depending on the quantity of water taken;

(b) for water taken from different water resources;

(c) in the case of a contravention of a notice under section 134—depending on the relevant circumstances.

(3) A notice declaring a penalty under subsection (1)(a)—

(a) will apply with respect to the taking of water in a consumption period that corresponds to an accounting period specified in the notice; and

(b) must be published in the Gazette during the first half of the accounting period.

(4) A notice declaring a penalty under subsection (1)(b) or (c)—

(a) will apply with respect to the taking of water in the period specified in the notice; and

(b) may be published in the Gazette at any time before or during that period.

(5) The sections of this Chapter prescribed by the regulations apply to, and in relation to, a penalty under this section as though it were a levy declared under section 103.

118—Appropriation of levies, penalties and interest

(1) Money paid to the Minister in satisfaction of a liability for a levy under this Part, after any appropriate deductions authorised by or under this Act, and penalty or interest, must—

(a)

(i) in the case of a levy collected under Division 1—be paid to the regional NRM board for the region in respect of which the levy is declared;

(ii) in the case of a levy under Division 2—

(A) in the case of money attributable to a water levy—be paid to the regional NRM board for the region where the water resource in relation to which the levy was declared is located; and

(B) in the case of a special purpose water levy—be applied for the purpose for which the levy was raised;