{"id":"landscape-south-australia-transitional-provisions-regulations-2019","name":"Landscape South Australia (Transitional Provisions) Regulations 2019","slug":"landscape-south-australia-transitional-provisions-regulations-2019","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235695,"registerId":"sa-landscape-south-australia-transitional-provisions-regulations-2019-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Landscape South Australia (Transitional Provisions) Regulations 2019","content":"South Australia\nLandscape South Australia (Transitional Provisions) Regulations 2019\nunder the Landscape South Australia Act 2019\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Governance\n4\tAppointment of initial members to regional landscape boards during transitional period\n5\tRegional NRM boards\n6\tNRM groups\n7\tNRM Committees\n8\tFinancial statements and annual reports\nPart 3—Financial matters (including levies)\n9\tAmounts outstanding under Water Resources Act 1997\n10\tFunds to assist in implementation of Act\n11\tAdditional transitional financial years\nPart 4—Water management\n12\tGeneral\n13\tBundled water licences\n13A\tWater Register\nPart 5—Miscellaneous\n14\tRegional landscape board staff\n15\tLandscape affecting activities\n16\tControl or quarantining of a plant or animal\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Landscape South Australia (Transitional Provisions) Regulations 2019.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Landscape South Australia Act 2019.\nPart 2—Governance\n4—Appointment of initial members to regional landscape boards during transitional period\nSections 15(4) and (5) and 16 of the Act do not apply in relation to a regional landscape board until 1 January 2021.\n5—Regional NRM boards\n\t(1)\tFor the purposes of Schedule 5 clause 90(2)(c) of the Act, section 26(1a) and (2) of the repealed Act will not apply in relation to a regional NRM board to which a notice in the Gazette under subclause (1) of that clause applies.\n\t(2)\tIn connection with the operation of Schedule 5 clause 90(1) of the Act—\n\t(a)\tif a person is appointed under that clause as the sole member of a regional NRM board—they will be taken to be the presiding member of the board under the repealed Act; and\n\t(b)\tif 2 or more persons are appointed under that clause as the members of a regional NRM board—the Minister may appoint 1 of the persons as the presiding member of the board under the repealed Act.\n6—NRM groups\n\t(1)\tAn NRM group that has not been abolished under section 46 of the repealed Act before the designated day will continue in existence until abolished by the Minister by notice in the Gazette under this regulation.\n\t(2)\tIn connection with subregulation (1)—\n\t(a)\tsubject to any direction of the Minister, the NRM group will be responsible to the regional landscape board or boards with regions that coincide with any part of the area within which the NRM group operates; and\n\t(b)\tsections 47 to 62 (inclusive), other than section 61, of the repealed Act will continue to apply to and in relation to the NRM group subject to the following provisions:\n\t(i)\ta reference in those sections to a relevant regional NRM board or boards will be taken to be a reference to the relevant regional landscape board or boards referred to in paragraph (a); and\n\t(ii)\ta reference in those sections to a relevant regional NRM plan will be taken to include a reference to a relevant regional landscape plan; and\n\t(iii)\tthe functions of the NRM group will include supporting the objects of the Act and assisting in other ways to support the administration of the Act at the local level; and\n\t(c)\ton the abolition of the NRM group the Minister may, by notice in the Gazette, provide for the vesting or distribution of any outstanding property, assets or rights of the NRM group, and attach any liability of the NRM group to the Minister or to a regional landscape board (as the Minister thinks fit).\n\t(3)\tIn this regulation—\ndesignated day means the designated day under Schedule 5 clause 90 of the Act.\n7—NRM Committees\n\t(1)\tA committee established by a regional NRM board under section 35 of the repealed Act and in existence immediately before the designated day will, subject to the Act, be taken to be a committee established under section 36 of the Act by a regional landscape board or boards with a region, or any part of a region that coincides with the region of the NRM board (and then may be reconstituted or dissolved by the regional landscape board or boards as they think fit).\n\t(2)\tIn this regulation—\ndesignated day means the designated day under Schedule 5 clause 90 of the Act.\n8—Financial statements and annual reports\n\t(1)\tThe Chief Executive will be responsible for—\n\t(a)\tthe finalisation of the accounts and financial statements for the 2019/2020 financial year for regional NRM boards and NRM groups; and\n\t(b)\tthe preparation of an annual report relating to the activities of regional NRM boards and NRM groups for the 2019/2020 financial year.\n\t(2)\tSubregulation (1) does not apply in relation to an NRM group that continues in existence during any part of the 2020/2021 financial year.\n\t(3)\tIf a regional landscape board established during the 2019/2020 financial year does not hold any money during that financial year, the board is not required to prepare and provide an annual report for that financial year to the Minister.\nPart 3—Financial matters (including levies)\n9—Amounts outstanding under Water Resources Act 1997\n\t(1)\tThis regulation applies to—\n\t(a)\ta levy or penalty declared under the relevant Act; and\n\t(b)\tinterest payable under the relevant Act (including interest that may be declared on account of any default under the relevant Act); and\n\t(c)\tany rental for water meters; and\n\t(d)\tany other fee or amount payable under the relevant Act.\n\t(2)\tAn amount or liability to which this regulation applies is prescribed for the purposes of Schedule 5 clause 96(d) of the Act.\n\t(3)\tAn amount or liability to which this regulation applies that is recovered under the repealed Act—\n\t(a)\twill, subject to the operation of Schedule 5 clause 97 of the Act, be paid into the NRM Fund; and\n\t(b)\twill be applied—\n\t(i)\tfor any purpose for which it could be applied before the relevant day; or\n\t(ii)\tfor any purpose connected with the operation of the repealed Act or the Landscape South Australia Act 2019.\n\t(4)\tIn this regulation—\nrelevant Act means the Water Resources Act 1997;\nrelevant day means the day on which Parts 1 and 8 of the relevant Act are repealed.\n10—Funds to assist in implementation of Act\nA regional NRM board may apply any part of its fund under section 120 of the repealed Act in providing support to the implementation of the Landscape South Australia Act 2019.\n11—Additional transitional financial years\n\t(1)\tIn relation to a prescribed transitional financial year—\n\t(a)\tthe annual business plan of a regional landscape board does not need to be consistent with a regional landscape plan insofar as that plan is a regional NRM plan that has been applied and adopted under Schedule 5 Part 30 of the Act; and\n\t(b)\tthe Minister may extend the scheme established under Schedule 5 clause 95(4) of the Act so that it applies in relation to 1 or both of the prescribed transitional financial years, subject to the following qualifications:\n\t(i)\tsubsections (4) to (10) of section 51 of the Act will apply in relation to those prescribed transitional financial years;\n\t(ii)\tthe scheme may not modify the requirements of sections 66, 71 or 76 of the Act in relation to those prescribed transitional financial years,\nbut otherwise the scheme may continue to apply as set out in Schedule 5 clause 95 of the Act.\n\t(2)\tIn this regulation—\nprescribed transitional financial year means the 2023/2024 financial year and the 2024/2025 financial year.\nPart 4—Water management\n12—General\n\t(1)\tThe following regulations will, on and from the designated day, continue to have force and effect as if they were regulations made under the relevant provisions of the Act (and may be varied or revoked by the Governor under the Act):\n\t(a)\tthe Natural Resources Management (Eastern and Western Mount Lofty Ranges—Prescribed Water Resources) (Exemption of Certain Existing Users) Regulations 2012;\n\t(b)\tthe Natural Resources Management (Marne Saunders Prescribed Water Resources Area—Reduction of Water Access Entitlements) Regulations 2009;\n\t(c)\tthe Natural Resources Management (Peake, Roby and Sherlock Prescribed Wells Area—Reduction of Water Access Entitlements) Regulations 2010.\n\t(2)\tA direction given to an owner of land under section 134 of the repealed Act, and in effect immediately before the designated day, will continue to have effect as if it had been given under section 111 of the Act.\n\t(3)\tA proclamation under section 142 or Schedule 2 of the repealed Act, and in effect immediately before the designated day, will continue to have effect as if it were a proclamation made under the corresponding provisions of the Act (and may be varied or revoked by the Governor under the Act).\n\t(4)\tA determination of the Minister under section 146(4) of the repealed Act, and in effect immediately before the designated day, will continue to have effect as if it had been made under the corresponding section of the Act (and may be varied by the Minister under the Act).\n\t(5)\tA procedure established by the Minister in relation to applications for licences under section 147(2) of the repealed Act, as in effect immediately before the designated day, may continue to have effect under section 122 of the Act.\n\t(6)\tA determination of the Minister under section 152(7)(b) of the repealed Act, or any policy established by the Minister for the purposes of that section, and in effect immediately before the designated day, will continue to have effect as if it had been made under the corresponding section of the Act.\n\t(7)\tA requirement, direction, approval, specification or determination of the Minister under Part 3 of the Natural Resources Management (Financial Provisions) Regulations 2005, and in effect immediately before the designated day, will continue to have effect as if it had been made under the corresponding regulations under the Act (and may be varied by the Minister on or after the designated day as the Minister thinks fit).\n\t(8)\tA direction under regulation 20 of the Natural Resources Management (General) Regulations 2005, and in effect immediately before the designated day, will continue to have effect as if it had been made under the corresponding regulations under the Act (and in the case of a direction of the Chief Officer, that will be taken to be a direction of the Chief Executive, and any such direction may be varied on or after the designated day).\n\t(9)\tIn this regulation—\ndesignated day means the designated day under Schedule 5 clause 101 of the Act.\n13—Bundled water licences\n\t(1)\tA quantity of water included as part of a water licence, as determined under a water allocation plan or section 164N of the repealed Act or section 155 of the Act, and as referred to in Schedule 5 clause 102(1)(b) of the Act, may be taken to be a water access entitlement (and may then be transferred or otherwise dealt with as a water access entitlement under the Act).\n\t(2)\tA water allocation plan is not required to comply with the requirements of section 53(1)(c) and (d) of the Act in relation to a prescribed water resource under Schedule 5 clause 102 of the Act.\n\t(3)\tA water allocation plan that relates to a prescribed water resource under Schedule 5 clause 102 of the Act may be reviewed or amended without the need to make provision for—\n\t(a)\ta matter referred to in section 53(1)(c) or (d) of the Act; or\n\t(b)\tany other matter that is subject to the operation of Schedule 5 clause 102 of the Act.\n\t(4)\tThis regulation applies in relation to a particular prescribed water resource until the designated day for the prescribed water resource under Schedule 5 clause 102 of the Act.\n13A—Water Register\nThe following provisions of Schedule 4 of the Act do not apply to or in respect of The Water Register until 1 July 2022:\n\t(a)\tclause 6(e) and (f);\n\t(b)\tPart 3;\n\t(c)\tPart 4;\n\t(d)\tclause 15.\nPart 5—Miscellaneous\n14—Regional landscape board staff\n\t(1)\tThis regulation applies in relation to any person employed under section 35(4) of the Act before 1 July 2021.\n\t(2)\tUntil 1 July 2021, the Chief Executive (rather than the general manager of a regional landscape board) will, after obtaining the approval of the Commissioner for Public Sector Employment, determine the terms and conditions of employment of a person to whom this regulation applies.\n15—Landscape affecting activities\nThe Minister may approve a landscape affecting activities control policy, and make any consequential amendment to a regional landscape plan, by notice in the Gazette, without the application or adoption of any other procedures under the Act for approval or amendment if the Minister certifies, in the notice, that the policy is making provision in relation to the conservation, management or protection of any landscape in the same terms, or substantially the same terms, as provisions that have been applying under the regional landscape plan.\n16—Control or quarantining of a plant or animal\nA notice of the Minister under section 187 of the repealed Act, and in effect immediately before the designated day under Schedule 5 clause 101 of the Act, will continue to have effect as if it had been made under the corresponding section of the Act (and may be varied or revoked by the Minister under the Act).\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\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 and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2019\n248\nGazette 19.12.2019 p4397 \n19.12.2019: r 2\n2020\n41\nGazette 9.4.2020 p722\n9.4.2020: r 2\n2021\n172\nGazette 18.11.2021 p4043\n18.11.2021: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\n9.4.2020\nPt 2\n\n\nheading\nsubstituted by 41/2020 r 4\n9.4.2020\nr 5\n\n\nr 5(1)\nr 5 redesignated as r 5(1) by 41/2020 r 5\n9.4.2020\nr 5(2)\ninserted by 41/2020 r 5\n9.4.2020\nrr 6—8\ninserted by 41/2020 r 6\n9.4.2020\nPt 3\ninserted by 41/2020 r 7\n9.4.2020\nPt 4\ninserted by 41/2020 r 7\n9.4.2020\nr 13A\ninserted by 172/2021 r 4\n18.11.2021\nPt 5\ninserted by 41/2020 r 7\n9.4.2020\nHistorical versions\n9.4.2020\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations have grown significantly beyond simple transitional mechanics. Originally likely intended for basic governance handover, they now encompass: extended transitional financial years through 2024-2025 (regulation 11), complex water licence bundling arrangements (regulation 13), delayed Water Register implementation (regulation 13A), and ongoing preservation of legacy instruments. The 2020 and 2021 amendments added substantial new Parts (3, 4, 5) and specific provisions, indicating scope creep from a simple 'bridge' instrument to a long-term management tool for the transition period."},"complexity_factors":["Heavy reliance on cross-references to the Landscape South Australia Act 2019 (especially Schedule 5 clauses) and the repealed Natural Resources Management Act 2004","Multiple 'designated day' definitions that differ between regulations (clause 90 vs clause 101 of Schedule 5)","Nested conditional logic in regulation 11 regarding transitional financial years with specific qualifications and exceptions","Complex succession mechanics in regulations 5-7 mapping old NRM boards/groups/committees to new regional landscape boards","Preservation of multiple legacy instruments (regulations, directions, proclamations, determinations) under the new Act framework","Specific date-based triggers (1 January 2021, 1 July 2021, 1 July 2022) creating time-bound exceptions","Regulation 13's interaction with water allocation plans and bundled licences involves conditional exemptions from standard Act requirements"],"plain_english_summary":"These regulations are temporary rules that help South Australia switch from old natural resources management (NRM) laws to the new Landscape South Australia Act 2019. Think of them as a bridge between the old system and the new one.\n\n**What they do:**\n\n*   **Governance changes:** They set up how the new regional landscape boards will work during the changeover. For example, they delay certain appointment rules until 2021 and explain how old NRM boards and committees transition to the new system.\n*   **Money matters:** They handle unpaid bills from the old Water Resources Act 1997, allow old NRM boards to use their remaining funds to help set up the new Act, and create special financial rules for 2023-2025.\n*   **Water management:** They keep certain old water regulations alive under the new Act, allow bundled water licences to be treated as water access entitlements, and delay some Water Register requirements until July 2022.\n*   **Staff and activities:** They temporarily put regional landscape board staff under the Chief Executive's control until July 2021, and let the Minister approve certain environmental policies quickly if they match existing rules.\n\n**Who it affects:**\n\n*   Regional landscape boards and their staff\n*   Farmers and landholders with water licences\n*   NRM groups and committees\n*   Anyone owing money under the old Water Resources Act 1997\n\n**Why it matters:**\nWithout these transitional rules, there would be gaps in governance, water rights, and financial management while the old system shuts down and the new one starts up. The regulations ensure continuity—so water licences stay valid, debts remain collectible, and staff know who they report to during the handover."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — the legislative text was not accessible. Based on the title alone, the instrument appears to serve its stated purpose as a transitional provisions instrument supporting the Landscape South Australia Act 2019 reforms."},"complexity_factors":["Legislation text was not retrievable — only a Page Not Found error was returned, making substantive analysis impossible","Transitional provisions regulations are inherently cross-referential (they link an old legal regime to a new one), which typically adds moderate complexity","The parent Act (Landscape South Australia Act 2019) is itself a complex piece of legislation involving multiple repealed Acts and restructured governance bodies","Score is kept low (2) because no actual legislative content was available to assess true complexity — the score reflects the limits of available information, not the likely complexity of the instrument itself"],"plain_english_summary":"These transitional regulations implement the move from the old natural-resource laws to the Landscape South Australia Act 2019, setting temporary rules for how rights, licences, approvals and responsibilities transfer during the changeover. They affect farmers, water licence holders, land managers, landscape boards and councils — and matter because they determine who remains responsible and which existing permits continue to operate while the new regime bedrocks."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"These regulations alter the default scope and operation of the Landscape South Australia Act during transition by suspending or delaying application of particular Act provisions and by carrying forward instruments made under the repealed Act (see regs 4, 5, 6, 12). They also permit the Minister or Chief Executive to make or continue decisions (staffing, policy approvals by Gazette, asset vesting, financial uses) that would otherwise follow the new Act’s ordinary procedures (see regs 8, 14, 15, 6(2)(c), 9). These measures narrow or extend statutory requirements temporarily to preserve continuity and provide administrative discretion during the transitional period."},"complexity_factors":["Extensive cross-references to the repealed Act and multiple parts of the new Act—e.g. regs 4, 5, 6(2)(b) and 12(1) rely on Schedule 5 and other provisions, increasing interpretive load","Multiple, differing ‘designated day’ definitions across regulations (see regs 6, 7, 12), requiring tracking of several commencement dates","Temporal carve-outs and phased commencements (fixed dates and prescribed transitional financial years) create layered transitional regimes—see regs 4, 11, 13A","Preservation of pre-existing instruments (directions, proclamations, determinations, policies) to continue under the new Act—see regs 12(2)–(6), 16, producing continuity plus potential conflicts","Ministerial and executive discretion expanded for transitional decisions (Gazette approvals, abolitions, vesting of assets, staffing terms) — see regs 6(1)(c), 8(1), 14(2), 15","Financial treatment of legacy liabilities and funds with specified destinations and uses (NRM Fund application, application of recovered amounts) increases accounting and compliance complexity—see reg 9(3), reg 10","Exceptions to statutory planning and public consultation requirements for water allocation plans and the Water Register introduce bespoke procedural rules—see regs 13(2)–(4), 13A"],"plain_english_summary":"These regulations set out transitional rules for moving functions, people, money and water rights from the old Natural Resources Management framework into the new Landscape South Australia Act 2019. They keep existing NRM boards, groups, committees, financial arrangements and some water licences and ministerial directions in force for specified transitional periods, and allow the Minister and Chief Executive to make or continue decisions needed to operate during the change. They matter to regional boards, NRM groups, water licence holders, landowners and the agencies who pay, decide and administer during transition."}},"importantCases":[],"_links":{"self":"/api/acts/landscape-south-australia-transitional-provisions-regulations-2019","history":"/api/acts/landscape-south-australia-transitional-provisions-regulations-2019/history","analysis":"/api/acts/landscape-south-australia-transitional-provisions-regulations-2019/analysis","conflicts":"/api/acts/landscape-south-australia-transitional-provisions-regulations-2019/conflicts","importantCases":"/api/acts/landscape-south-australia-transitional-provisions-regulations-2019/important-cases","documents":"/api/acts/landscape-south-australia-transitional-provisions-regulations-2019/documents"}}