{"id":"ground-water-qualco-sunlands-control-regulations-2018","name":"Ground Water (Qualco-Sunlands) Control Regulations 2018","slug":"ground-water-qualco-sunlands-control-regulations-2018","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235601,"registerId":"sa-ground-water-qualco-sunlands-control-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Ground Water (Qualco-Sunlands) Control Regulations 2018","content":"South Australia\nGround Water (Qualco-Sunlands) Control Regulations 2018\nunder the Ground Water (Qualco-Sunlands) Control Act 2000\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\nPart 2—Sharing costs of Scheme\n4\tDetermination of notional cost\n5\tSharing costs of Scheme\n6\tLiability for unauthorised use of water\nPart 3—Categories of land\n7\tCategories of land\nPart 4—Irrigation declaration\n8\tIrrigation declaration\n9\tRisk management allocations attached to highest risk land\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Ground Water (Qualco-Sunlands) Control Regulations 2018.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Ground Water (Qualco-Sunlands) Control Act 2000;\nnotional maintenance costs for a contribution year means the amount determined by the Trust under regulation 4 in respect of that year;\nperched water table means the water table of the accumulation of underground water above the layer of Blanchetown Clay in the Scheme Area.\nPart 2—Sharing costs of Scheme\n4—Determination of notional cost\nThe Trust must determine in respect of each contribution year an amount (which is to be a notional amount for the purposes of this Part) that in its opinion will be required to cover the cost of pumping sufficient water into the disposal basins to prevent any increase in the volume of the ground water mound and the underground water above the layer of Blanchetown Clay in the Scheme Area during that year.\n5—Sharing costs of Scheme\nThe notional maintenance costs for a contribution year are shared between the owners and occupiers of the category 1 land in proportion to the risk management allocations attached to their respective land at the commencement of that year.\n6—Liability for unauthorised use of water\nIf the use of water to irrigate land in a water usage year was unauthorised (see section 50 of the Act) the owner and occupier of the land on which the water was used are liable to pay an amount calculated according to the following formula:\n\nWhere\nA is the amount\nP is—\n\t(a)\tif the total quantity of water used to irrigate the land concerned over the relevant block of 3 consecutive water usage years is 110% or less of the total quantity of water authorised for irrigation during that block of 3 years—1; or\n\t(b)\tif the percentage referred to in paragraph (a) is greater than 110% or no water was authorised for irrigation of the land concerned by a risk management allocation during the relevant block of 3 consecutive water usage years—3;\nUW is the quantity of unauthorised water (expressed in megalitres) used, or taken to be used, in the water usage year on the land\nUR is the unauthorised rate and is the rate per megalitre payable by the owners and occupiers of the category 1 land for the relevant contribution year under regulation 5.\nPart 3—Categories of land\n7—Categories of land\n\t(1)\tIrrigated land in the Scheme Area is divided into category 1 land and category 2 land.\n\t(2)\tThe division of irrigated land under subregulation (1) is based on the classification of irrigated land under section 33 of the Act as being at a high, medium or low risk of irrigation induced waterlogging and salinisation in respect of rising levels of the ground water mound and in respect of rising levels of the perched water table so that—\n\t(a)\tland is category 1 land if it is—\n\t(i)\tat high risk from rising levels of the ground water mound or the perched water table; or\n\t(ii)\tat medium risk from rising levels of the ground water mound and the perched water table; and\n\t(b)\tland is category 2 land if it is—\n\t(i)\tat medium risk from rising levels of the ground water mound and at low risk from rising levels of the perched water table; or\n\t(ii)\tat low risk from rising levels of the ground water mound but at medium or low risk from rising levels of the perched water table.\nPart 4—Irrigation declaration\n8—Irrigation declaration\n\t(1)\tThe Trust must, on or before 30 June in each year, serve on the owner of each irrigated property to which, or to part of which, a risk management allocation is attached a form of irrigation declaration to be completed by the owner in relation to the next contribution year.\n\t(2)\tEach owner referred to in subregulation (1) must complete and return the irrigation declaration to the Trust on or before 31 July preceding that contribution year.\n\t(3)\tAn irrigation declaration—\n\t(a)\tmust include the following information:\n\t(i)\tinformation identifying the area or areas of land comprising the whole or part of the irrigated property (excluding any areas identified under subparagraph (vi)) that are situated in the Scheme Area that are to be irrigated during the current water usage year using water taken pursuant to a water licence;\n\t(ii)\tthe category or categories of the land referred to in subparagraph (i) and if more than 1 category is involved, the boundaries of the land in each category;\n\t(iii)\tthe method of irrigation (including the method for monitoring irrigation efficiency) to be used and, if more than 1 method is to be used, the area and category of the land to which each method will apply during the current water usage year;\n\t(iv)\tthe waterlogging and salinity risk management allocation attached to the land and, if the land is divided into 2 categories, the risk management allocation attached to the land in each category;\n\t(v)\tif the risk management allocation in respect of either category of land is less than that declared in the previous year's irrigation declaration—the reason for the reduction;\n\t(vi)\tinformation identifying the area or areas of land (if any) that are to be irrigated during the current water usage year with zero impact (certified by the Minister) on waterlogging and salinisation of land and salinity levels in the River Murray;\n\t(vii)\tthe crop or crops cultivated during the immediately preceding water usage year and the area and category of land on which the crop was, or each of the crops were, cultivated during that year; and\n\t(b)\tmust state the quantity of water used to irrigate each category of land comprising the irrigated property to which the declaration relates in the water usage year immediately preceding the current water usage year; and\n\t(c)\tmay include an application for an increase in the risk management allocation in respect of 1 or both of the categories of land comprising the irrigated property.\n\t(4)\tIf an owner—\n\t(a)\tmakes an application under subregulation (3)(c); and\n\t(b)\tis (if the applications by owners cannot be fully satisfied) prepared to accept in partial satisfaction of the application (without prejudice to the owner's right to have the application satisfied in full in subsequent years) a risk management allocation that represents less than the share of the available excess risk management capacity of the Scheme that the owner is entitled to under section 43(8) of the Act,\nthe owner must state in the irrigation declaration that fact and the risk management allocation that they are prepared to accept.\n\t(5)\tIf an owner—\n\t(a)\tcompletes and returns an irrigation declaration for a contribution year to the Trust on or before 31 July as required by subregulation (2); and\n\t(b)\tsubsequently satisfies the Trust on or before the following 31 August that the declaration includes a genuine error,\nthe owner may on or before 31 August provide another declaration to the Trust in substitution for the previous declaration that corrects the error but does not make any other changes to the previous declaration.\n9—Risk management allocations attached to highest risk land\nA new risk management allocation or an increase in an existing allocation referred to in section 45(4) of the Act may be attached to the category of land having the highest degree of risk but only if—\n\t(a)\tit is a term of the agreement under that section that the additional risk management allocation be attached to that category of land; and\n\t(b)\tthe Minister is satisfied that irrigation under the new or increased risk management allocation will not—\n\t(i)\tincrease the risk of waterlogging or salinisation of any other land having the highest degree of risk in the Scheme Area; or\n\t(ii)\tincrease the share payable under the Act by any other owner of that category of land.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2018\n202\nGazette 16.8.2018 p3148 \n16.8.2018: r 2\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"These regulations operationalise provisions of the Ground Water (Qualco‑Sunlands) Control Act 2000 by prescribing formulas, categorisation rules, annual processes and administrative requirements (regs 3, 4–9). They set mechanics for cost‑sharing, liability and declarations rather than expanding or narrowing the Act’s substantive scope."},"complexity_factors":["Annual Trust discretion to estimate ‘notional maintenance costs’ to meet pumping needs (reg 4) — introduces forecasting and judgmental assessment.","Cost‑sharing depends on risk management allocations attached to category 1 land (reg 5) — requires accurate allocation records and proportional apportionment.","Unauthorised use penalty uses a conditional multiplier based on a 3‑year usage block and an unauthorised rate tied to annual contribution rates (reg 6) — creates temporal aggregation and conditional calculation complexity.","Land categorisation hinges on dual risk dimensions (ground water mound and perched water table) and mixes high/medium/low classes into two categories (reg 7) — mapping and boundary determination required.","Detailed, recurring information and monitoring requirements in annual irrigation declarations, including area boundaries, irrigation methods and efficiency monitoring, historical usage, and applications for allocation changes (reg 8) — compliance burden on owners.","Correction window for genuine errors and partial‑satisfaction mechanism for allocation increase applications add procedural steps and sequencing constraints (reg 8(4)–(5)).","Ministerial certification of zero‑impact areas and conditional attachment of new/increased allocations to highest risk land involve executive discretion and evidentiary standards (reg 8(3)(a)(vi); reg 9).","Frequent cross‑references to the Act (eg. s 33, s 45) mean operators must interpret the regulations alongside primary legislation, increasing legal interdependence.","Temporal terms (contribution year, water usage year, 3‑year blocks) require consistent recordkeeping and can produce lagged effects in charges and penalties."],"plain_english_summary":"These regulations prescribe how costs and irrigation entitlements are calculated and managed in the Qualco‑Sunlands groundwater scheme. The Trust must annually set a notional maintenance cost for pumping to stabilise groundwater (reg 4); owners and occupiers of category 1 land pay a share tied to their risk management allocations (reg 5).\n\nLand is divided by irrigation‑induced waterlogging/salinity risk (reg 7). The rules set liability for unauthorised irrigation with a scaled penalty formula (reg 6), require annual irrigation declarations from owners (reg 8), and allow the Minister to certify zero‑impact areas and approve allocations on highest‑risk land (reg 9)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent, as the legislative text was not retrievable. Based on the title, the regulations appear tightly scoped to groundwater control in the specific Qualco-Sunlands district, suggesting a narrow and targeted instrument consistent with its stated purpose."},"complexity_factors":["Actual legislative text was unavailable due to a broken URL — full complexity cannot be assessed","Based on title alone, the subject matter (groundwater salinity control in a specific geographic area) is a technically specialised field involving hydrology, environmental law, and water licensing","Regulations of this type typically interact with a parent Act (likely the Landscape South Australia Act 2019 or its predecessor, the Natural Resources Management Act 2004), adding a layer of cross-referential complexity","Geographic and industry-specific scope limits who needs to understand it, reducing general complexity for most readers","Complexity score is conservatively low given the absence of actual text to analyse"],"plain_english_summary":"The Ground Water (Qualco-Sunlands) Control Regulations 2018 likely set rules for managing groundwater in the Qualco‑Sunlands district—affecting who can draw water, controls on use, and measures to limit salinity and protect the River Murray.  \n\nThis mainly matters to local landowners, irrigators and SA water authorities because salinity threatens farm productivity and river health. (Note: the full text could not be retrieved; this summary is based on the title and context only.)"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with the original intent of the parent Act (Ground Water (Qualco-Sunlands) Control Act 2000). They operationalise the Act's framework for cost-sharing, land categorisation, and irrigation declarations without expanding into new policy areas. The scope remains tightly focused on administrative implementation of the groundwater control scheme."},"complexity_factors":["Nested conditional logic in land categorisation (regulation 7): four separate risk combinations determining two categories based on dual water table risks (ground water mound AND perched water table)","Mathematical formula with conditional multiplier in regulation 6: penalty calculation uses tiered percentage threshold (110%) with binary outcomes (1x or 3x rate)","Cross-referencing to parent Act: 8 explicit references to sections of the Ground Water (Qualco-Sunlands) Control Act 2000, requiring parallel reading","Temporal complexity: operates across multiple overlapping time periods (contribution years, water usage years, 3-year blocks, specific calendar deadlines)","Dual liability structure: regulation 6 imposes joint liability on both owners AND occupiers without apportionment mechanism","Exception-within-exception in regulation 8(5): error correction permitted only if 'genuine', returned by 31 July, corrected by 31 August, AND makes no other changes","Technical terminology requiring domain knowledge: 'Blanchetown Clay', 'perched water table', 'ground water mound', 'risk management allocation'"],"plain_english_summary":"These regulations manage how farmers and landowners in South Australia's Qualco-Sunlands area share the costs of controlling groundwater levels to prevent waterlogging and soil salinity (when salt builds up in soil, making it hard to grow crops).\n\n**What this does:**\n- **Sets up a cost-sharing system**: Landowners in high-risk areas (category 1 land) pay for a scheme that pumps excess groundwater into disposal basins to stop underground water levels from rising.\n- **Charges based on risk**: The more 'risk management allocation' (a permitted amount of irrigation water) attached to your land, the more you pay toward the scheme's costs.\n- **Penalises rule-breakers**: If you use more water than you're allowed (unauthorised use), you pay extra—triple the normal rate if you significantly exceed your limit or had no permission at all.\n- **Requires annual declarations**: Landowners must submit detailed forms each year declaring how much land they'll irrigate, what crops they grew, what irrigation methods they'll use, and how much water they used previously.\n\n**Who it affects:**\n- Farmers and landowners with irrigated land in the Qualco-Sunlands Scheme Area\n- The Trust (the body administering the scheme)\n- The Minister responsible for water management\n\n**Why it matters:**\nRising groundwater can destroy farmland through waterlogging (water saturating soil so plants can't breathe) and salinisation (salt accumulation). These regulations ensure those benefiting most from irrigation—and posing the greatest risk to the groundwater system—bear the costs of protecting everyone's land."}},"importantCases":[],"_links":{"self":"/api/acts/ground-water-qualco-sunlands-control-regulations-2018","history":"/api/acts/ground-water-qualco-sunlands-control-regulations-2018/history","analysis":"/api/acts/ground-water-qualco-sunlands-control-regulations-2018/analysis","conflicts":"/api/acts/ground-water-qualco-sunlands-control-regulations-2018/conflicts","importantCases":"/api/acts/ground-water-qualco-sunlands-control-regulations-2018/important-cases","documents":"/api/acts/ground-water-qualco-sunlands-control-regulations-2018/documents"}}