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| Water Resources Act 1997 (South Australia) | |
|---|---|
| Title | Water Resources Act 1997 (South Australia) |
| Enacted by | Parliament of South Australia |
| Date assented | 1997 |
| Status | in force (subject to amendments) |
| Jurisdiction | South Australia |
Water Resources Act 1997 (South Australia) establishes a statutory framework for the management, allocation, protection, and sustainable use of surface water and groundwater within South Australia. The Act replaced earlier water statutes to integrate water planning, licensing, and resource protection across the Murray–Darling Basin, the Limestone Coast, the Great Artesian Basin fringe and other prescribed areas. It interfaces with federal instruments such as the Water Act 2007 (Cth) and state instruments including the Natural Resources Management Act 2004 (South Australia).
The Act was enacted following policy reviews influenced by events including prolonged droughts affecting the Murray River, debates during sittings of the Parliament of South Australia and inquiries by bodies such as the Murray–Darling Basin Authority. Precedent statutes included the Irrigation Act 1930 (South Australia) and the River Murray Waters Act 1915 (South Australia), while reform momentum drew on recommendations from the National Water Initiative and positions advanced by the Australian Conservation Foundation and the South Australian Chamber of Mines and Energy. The legislative history records negotiations between state portfolios held by ministers such as members of the Liberal Party of Australia (South Australian Division) and the Australian Labor Party (South Australian Branch), with administration delegated to agencies like the Department for Environment and Water (South Australia).
The Act’s scope covers prescribed watercourses, aquifers, and waterworks within South Australia and establishes objectives aligned with obligations arising from the Murray–Darling Basin Agreement and international obligations referenced by the United Nations Environment Programme. Its objectives include sustainable extraction limits, protection of environmental flows relevant to sites such as the Coorong National Park, equitable allocation among extractive users including those represented by the DairySA and the Grape and Wine Council of South Australia, and integration with catchment management strategies promoted by regional bodies like the South Australian Murray-Darling Basin Natural Resources Management Board.
The Act creates statutory instruments including water allocation plans, water licences, and prescribed controls over bore construction and use. It defines offences, administrative penalties, and compliance mechanisms enforced through agencies such as the Environment Protection Authority (South Australia). Provisions address interactions with infrastructure operated by entities like SA Water and irrigation schemes formerly under the Irrigation Trusts model. The framework mandates the development of resource condition monitoring in partnership with research institutions including the South Australian Research and Development Institute and universities such as the University of Adelaide.
Primary administration is undertaken by the Minister for Environment and Water (South Australia) and delegated agencies which implement licensing, monitoring, and enforcement. Enforcement tools include compliance notices, revocation of licences, and prosecutions brought in the Magistrates Court of South Australia or higher courts where corporate actors such as mining companies represented by the Chamber of Mines and Energy are involved. The Act provides for consultation with statutory authorities like the Natural Resources Management Board and advisory inputs from scientific panels including members affiliated with the Commonwealth Scientific and Industrial Research Organisation.
Licensing under the Act regulates abstraction, diversion, and use of surface water and groundwater, with categories for consumptive use assigned to agricultural enterprises such as members of the National Farmers' Federation and urban suppliers including SA Water. Allocation mechanisms incorporate volumetric entitlements, trade rules that interact with markets shaped by principles from the National Water Initiative, and priority rules influenced by historical rights such as those exercised by indigenous groups including organisations like the Aboriginal Legal Rights Movement. The Act provides processes for licence applications, determination, amendment and surrender, and establishes provisions for dealing with over-allocation in stressed basins like the Murraylands.
Environmental safeguards under the Act aim to maintain ecological character of wetlands listed in registers such as the Ramsar Convention listings and protect habitats for species covered under instruments like the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Provisions require environmental allocations to support refugia for fauna in locations such as the Coorong and to manage salinity and acidification risks that have been the focus of agencies like the Bureau of Meteorology and research by the Australian Academy of Science. The Act promotes integrated catchment management consistent with plans developed by bodies such as the South East Natural Resources Management Board.
Since 1997 the Act has been amended to reflect evolving policy directions, judicial interpretations by courts including the Supreme Court of South Australia, and national reforms led by the Council of Australian Governments. Amendments have addressed water trading, environmental water holdings, interaction with the Water Act 2007 (Cth), and measures responding to climate variability as modelled by agencies like the Commonwealth Scientific and Industrial Research Organisation. Ongoing reviews engage stakeholders such as regional councils, industry groups including the Australian Dairy Farmers, conservation NGOs like the World Wide Fund for Nature Australia, and research institutions to adapt the statutory framework to twenty-first century challenges.
Category:South Australian legislation Category:Water law in Australia