{"id":"landscape-south-australia-water-management-regulations-2020","name":"Landscape South Australia (Water Management) Regulations 2020","slug":"landscape-south-australia-water-management-regulations-2020","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235697,"registerId":"sa-landscape-south-australia-water-management-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Landscape South Australia (Water Management) Regulations 2020","content":"South Australia\nLandscape South Australia (Water Management) Regulations 2020\nunder the Landscape South Australia Act 2019\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Legislative definitions\n4\tDefinition of Mount Lofty Ranges Watershed\nPart 3—Water allocation plans\n5\tConsultation associated with proposed amendment\nPart 4—Levies in respect of water\n6\tRecovery costs\n7\tRefund of levies (section 87 of Act)\n8\tRecovery of penalty under section 88(6) of Act\nPart 5—Meters\n9\tSupply and installation of meters\n10\tMeters owned by Minister\n11\tMeters owned by other persons\n12\tProvisions applying to meters generally\n13\tRequirements as to installation, repair, testing etc of meters\n14\tTesting requirements\n15\tMinister's specifications\n16\tCompliance with Part\nPart 6—General management, administration and protection provisions\n17\tRate at which drinking water may be taken\n18\tActivities subject to the operation of a plan or policy\n19\tWater affecting activities (section 104(5) and (6) of Act)\n20\tExpiation fees (section 104(7) of Act)\n21\tPrescribed date (section 111(1) of Act)\n22\tNotice to be given by relevant authority (section 113, 137 and 144 of Act)\n23\tRequirements as to representations under section 113, 137 or 144 of Act\n24\tTime for response by applicant\n25\tWell drillers' licences—prescribed conditions\n26\tCancellation of water resource works approval—prescribed scheme (section 138 of Act)\n27\tCancellation of site use approval—prescribed scheme (section 145 of Act)\nPart 7—Specific provisions relating to consumptive pools, water access entitlements and allocations\n28\tTransfers between consumptive pools\n29\tClassification of water access entitlements\n30\tVariation of water licences—policies and principles specified by water allocation plan\n31\tWater allocation plans—priorities for allocation according to management zones\n32\tTagged interstate water trades\n33\tJoint applications to vary water take or use limits on water licence or approval\nPart 8—Forest water licences\n34\tInterpretation—harvesting (section 164 of Act)\n35\tProvision of notice to Minister (section 166 of Act)\n36\tVariations—allocations—prescribed period (section 168 of Act)\n37\tApproval for transfer of allocations—prescribed circumstances (section 169 of Act)\n38\tVariation—conditions—prescribed period (section 171 of Act)\n39\tSurrender of licences—prescribed circumstances (section 173 of Act)\n40\tOffences—prescribed rate (section 175 of Act)\nPart 9—Miscellaneous\n41\tPrescribed period (section 184 of Act)\n42\tAvailability of representations (section 113 of Act)\n43\tRequirement to provide information to Minister\n44\tAmendment of water affecting activities control policies\n45\tThe Water Register\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Landscape South Australia (Water Management) Regulations 2020.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Landscape South Australia Act 2019;\nvalidate—see subregulation (2).\n\t(2)\tFor the purposes of these regulations, a reference to the validation of a meter is a reference to undertaking a set of steps to determine whether the meter and its installation comply with any specifications determined or approved by the Minister under these regulations.\nPart 2—Legislative definitions\n4—Definition of Mount Lofty Ranges Watershed\nFor the purposes of the definition of Mount Lofty Ranges Watershed in section 3(1) of the Act, the area identified as the Mount Lofty Ranges Watershed in General Registry Plan No 001/2005 is prescribed.\nPart 3—Water allocation plans\n5—Consultation associated with proposed amendment\n\t(1)\tFor the purposes of section 55(3)(b) of the Act, the holders of licences must be given a notice in writing which—\n\t(a)\tprovides information about the nature and effect of the relevant proposal; and\n\t(b)\tsets out details about how, and by when, a submission in relation to the proposed amendment must be made.\n\t(2)\tThe period within which a submission may be made under subregulation (1) must be at least 2 months from the time that the notice is given to a holder of a licence.\nPart 4—Levies in respect of water\n6—Recovery costs\n\t(1)\tThe Minister may from time to time, by notice in the Gazette, determine a charge that may be imposed on account of any steps that may be taken by the Department in the administration of the Act if a person fails to pay a water levy in accordance with the requirements of the Act.\n\t(2)\tThe charge must not exceed the Minister's determination of the reasonable costs to the Department of taking the relevant steps.\n\t(3)\tThe charge will be recoverable as a debt due to the Crown.\n7—Refund of levies (section 87 of Act)\n\t(1)\tIn this regulation—\ndonation means a gift for no consideration;\nenvironmental donations entitlement means a water licence or water allocation—\n\t(a)\tthat relates to water in a water resource that is subject to a water levy in respect of a particular financial year; and\n\t(b)\tthat is subject to conditions to the effect—\n\t(i)\tthat any water taken under or in connection with the licence or water allocation may only be used for an environmental purpose in a manner accredited by the regional landscape board specified in the condition; and\n\t(ii)\tthat the person who is the holder of the licence or water allocation is accredited by the regional landscape board specified in the condition to receive, transfer or use donations of water for environmental purposes recognised by that board for the purposes of this regulation.\n\t(2)\tIn connection with the operation of subregulation (1), a regional landscape board must, in deciding whether to issue an accreditation for the purposes of a water licence or water allocation being recognised as an environmental donations entitlement, apply any criteria determined by the Minister.\n\t(3)\tFor the purposes of section 87 of the Act—\n\t(a)\tthe donation of the whole or a part of a water access entitlement or water allocation to the holder of an environmental donations entitlement (for water to be used for environmental purposes); and\n\t(b)\tthe variation of conditions attached to a water licence or water allocation so that the licence or the water allocation will become an environmental donations entitlement,\nare recognised as natural resources management practices on which an application for a refund of a water levy may be based.\n\t(4)\tThe maximum proportion of a water levy that may be subject to a refund (the eligible levy amount) is equal to the proportion of the allocation or water access entitlement donated, or within the ambit of the relevant condition, in the manner contemplated by subregulation (3).\n\t(5)\tThe amount of any refund will be determined according to the following table:\n\nDate within the relevant financial year on which the donation or variation of conditions takes effect\nPercentage of eligible levy amount payable\n1 July—10 July\n100\n11 July—31 October\n75\n1 November—31 January\n50\n1 February—31 March\n25\n1 April—30 June\n0\n8—Recovery of penalty under section 88(6) of Act\nPursuant to section 88(6) of the Act, the following sections of Part 5 of the Act are prescribed:\n\t(a)\tsection 77(10) and (12);\n\t(b)\tsections 78, 79 and 80;\n\t(c)\tsection 83;\n\t(d)\tsections 85 and 86;\n\t(e)\tsection 89.\nPart 5—Meters\n9—Supply and installation of meters\n\t(1)\tIn order to determine the quantity of water taken for the purposes of the Act the Minister may—\n\t(a)\tsupply, install or seal a meter; or\n\t(b)\tby written notice, direct a person to supply or install a meter.\n\t(2)\tThe Minister may require—\n\t(a)\tan owner of land on which a meter supplied by the Minister is installed; or\n\t(b)\ta person who is the holder of a water management authorisation, or who has the benefit of a water management authorisation, in respect of which any volume of water is to be measured by a meter supplied by the Minister (if not the owner of the relevant land),\nto pay any costs involved with the supply, installation or sealing of the meter, which will then become a debt due by the owner of land under paragraph (a) or the person under paragraph (b) (as the case requires) to the Crown.\n\t(3)\tA meter supplied by the Minister remains the property of the Minister unless all relevant costs are paid under subregulation (2) or the Minister transfers property in the meter to another person.\n10—Meters owned by Minister\n\t(1)\tA person who is the holder of a water management authorisation, or who has the benefit of a water management authorisation, in respect of which a meter owned by the Minister is to be used to measure the quantity of water taken or used in connection with the water management authorisation, is liable for rent for the meter comprised of the prescribed fee.\n\t(2)\tThe Minister may enter land on which a meter owned by the Minister is installed to read, inspect, service, test, validate, maintain, seal, repair or replace the meter.\n\t(3)\tIn this regulation—\nprescribed fee means the fee prescribed under the Act for the purposes of rent for a meter.\n11—Meters owned by other persons\n\t(1)\tThe Minister may enter land on which a meter owned by a person other than the Minister is installed to read, inspect or seal the meter.\n\t(2)\tThe Minister may, by notice in writing, direct a person to service, test, validate, maintain, repair, replace or adjust a meter being used by the person if in the Minister's opinion such action is necessary.\n12—Provisions applying to meters generally\n\t(1)\tWhere a meter is used to measure the quantity of water taken or used in a particular place—\n\t(a)\ta person must not take water except through the meter; and\n\t(b)\ta person must not adjust or alter the meter, or tamper with a seal fixed to the meter, without the authority of the Minister; and\n\t(c)\ta person must not damage or destroy the meter; and\n\t(d)\ta person must not—\n\t(i)\tcut through or into a pipe to which this paragraph applies under subregulation (2); or\n\t(ii)\tinstall a fitting providing access to the inside of a pipe to which this paragraph applies under subregulation (2); or\n\t(iii)\tchange the configuration of, remove, or interfere in any other way with, a pipe to which this paragraph applies under subregulation (2),\nwithout the authority of the Minister.\n\t(2)\tSubregulation (1)(d) applies to—\n\t(a)\tthe pipe connecting the water resource from which the water is taken to the meter; and\n\t(b)\tthe pipe on the other side of the meter to (and including) the S bend in the pipe or, where there is no S bend, the first T junction or elbow in the pipe, or any other distance of pipe determined in accordance with a specification determined or approved by the Minister.\n\t(3)\tA person must not—\n\t(a)\tremove a meter without the authority of the Minister; or\n\t(b)\treplace a meter without the authority of the Minister.\n\t(4)\tIn addition, any responsible person in relation to a meter—\n\t(a)\tmust not permit sand, soil or any other material to be deposited on or around the meter; and\n\t(b)\tmust not permit deposits of sand, soil or any other material to build up around the meter; and\n\t(c)\tmust keep vegetation cleared away from the meter.\n\t(5)\tIf a meter or its associated infrastructure is damaged or destroyed, a responsible person in relation to the meter must, at the written direction of the Minister, repair or replace the meter or its associated infrastructure.\n\t(6)\tIn this regulation—\nassociated infrastructure means any infrastructure, pipe or connecting part related to a meter that the Minister determines to be necessary to maintain the accuracy of a meter;\nresponsible person in relation to a meter means—\n\t(a)\tan owner of land on which the meter is installed, other than the Crown or an agency or instrumentality of the Crown; and\n\t(b)\tthe person who is the holder of the water management authorisation, or who has the benefit of the water management authorisation, in relation to which a meter is required.\n13—Requirements as to installation, repair, testing etc of meters\n\t(1)\tIf a person is required to comply with a direction under this Part to supply and install a meter or to replace a meter, the new meter must—\n\t(a)\tbe rated by the manufacturer to an accuracy of at least plus or minus 2.5%; and\n\t(b)\tmeet any other specifications determined or approved by the Minister.\n\t(2)\tIf a person is required to comply with a direction under this Part to install a meter, the meter must be installed in accordance with any specifications determined or approved by the Minister.\n\t(3)\tIf a person is required to comply with a direction under this Part to service, test, validate, repair, replace or adjust a meter or its associated infrastructure, the person must engage a competent person approved by the Minister to do the testing, verification or other work and the testing, verification or other work must be done in accordance with specifications determined or approved by the Minister.\n\t(4)\tA person who is required to comply with a direction under this Part to service or repair a meter must ensure that only parts that are supplied or approved by the manufacturer of the meter are used.\n\t(5)\tIf a person is required to comply with a direction under this Part to maintain a meter, the person must maintain the meter in accordance with any specification determined or approved by the Minister.\n\t(6)\tIn this regulation—\nassociated infrastructure means any infrastructure, pipe or connecting part related to a meter that the Minister determines to be necessary to maintain the accuracy of a meter.\n14—Testing requirements\n\t(1)\tThe following requirements are prescribed for the purposes of section 79(5) of the Act.\n\t(2)\tA person must not remove a meter for testing without the authority of the Minister.\n\t(3)\tThe security seals attached to a meter may only be removed by a person approved by the Minister.\n\t(4)\tA meter must be read—\n\t(a)\tby a person approved by the Minister; or\n\t(b)\tby the relevant person,\nimmediately before it is removed.\n\t(5)\tA reading obtained under subregulation (4) must be provided in writing to the Minister within a period determined by the Minister.\n\t(6)\tA meter must be tested by a competent person approved by the Minister.\n\t(7)\tA meter must be tested and reinstalled, or a replacement meter must be installed, within 28 days after the Minister gives approval under subregulation (2) for the meter to be removed, or within a longer period determined or approved by the Minister.\n\t(8)\tA meter must be tested in accordance with any specifications determined or approved by the Minister.\n\t(9)\tA certificate relating to the testing must be provided to the Minister within 14 days after the meter is tested or within a longer period determined or approved by the Minister.\n\t(10)\tThe certificate must be in a form determined or approved by the Minister.\n\t(11)\tIf a meter is found to be outside an accuracy rating of plus or minus 4%, the meter must not be reinstalled unless or until—\n\t(a)\tthe meter is refurbished in accordance with a specification determined or approved by the Minister; and\n\t(b)\tthe Minister is provided with a certificate of accuracy (certifying the accuracy of the meter to plus or minus 4%).\n\t(12)\tA meter must be reinstalled in accordance with specifications determined or approved by the Minister.\n\t(13)\tIf the security seal that connects the meter register to the meter body is broken at any stage relating to the removal, testing, refurbishment or reinstallation of a meter, the seal must be replaced by a person approved by the Minister.\n\t(14)\tA meter must be read—\n\t(a)\tby a person approved by the Minister; or\n\t(b)\tby the relevant person,\nimmediately after it is installed.\n\t(15)\tA reading obtained under subregulation (14) must be provided in writing to the Minister within a period determined by the Minister.\n\t(16)\tDespite a preceding subregulation—\n\t(a)\ta meter may, with the approval of the Minister, be tested without being removed; and\n\t(b)\tany such testing of a meter on site must be conducted in accordance with any specification determined or approved by the Minister (including, without limitation, as to the accuracy rating of the meter); and\n\t(c)\tif a meter tested under this subregulation is found to be outside the accuracy rating specified by the Minister under paragraph (b)—\n\t(i)\tthe meter must be refurbished in accordance with specifications determined or approved by the Minister; and\n\t(ii)\tif the meter is removed as part of its refurbishment—the meter must be reinstalled in accordance with specifications determined or approved by the Minister; and\n\t(iii)\tthe Minister must, after the refurbishment of the meter, be provided with a certificate of accuracy (certifying the accuracy of the meter to within an accuracy rating set out in specifications determined or approved by the Minister).\n\t(17)\tIn this regulation—\nrelevant person means the person who is liable to pay the relevant levy, as contemplated by section 79(5) of the Act.\n15—Minister's specifications\nFor the purposes of this Part, specifications determined or approved by the Minister may be of general, limited or varied application according to—\n\t(a)\twhether the meter is tested on site or following the meter's removal; and\n\t(b)\tany other specified circumstances or factor to which the specifications are expressed to apply.\n16—Compliance with Part\n\t(1)\tA person who fails to comply with a direction of the Minister under this Part, or who contravenes or fails to comply with a provision of this Part, is guilty of an offence.\nMaximum penalty: $7 000.\nExpiation fee: $350.\n\t(2)\tSubregulation (1) does not apply in relation to regulation 12 (which is subject to enforcement under section 79(5) of the Act).\n\t(3)\tIf a person fails to comply with a direction of the Minister under this Part or contravenes or fails to comply with a provision of this Part, the Minister may enter the land concerned and take such action as the Minister thinks fit to remedy the contravention or failure and the Minister's costs will be a debt due to the Crown by the person who has contravened or failed to comply with the provision or failed to comply with the direction.\nPart 6—General management, administration and protection provisions\n17—Rate at which drinking water may be taken\nThe rate of 100 litres per day is prescribed for the purposes of section 100(7) of the Act.\n18—Activities subject to the operation of a plan or policy\nUsing water in the course of carrying on a business in a landscape management region at a rate that exceeds the rate prescribed by a water allocation plan or a water affecting activities control policy applying in relation to that region (or a relevant part of the region), if the water has been brought from a water resource in some other part of the region specified in the plan or policy (as the case may be) by means of a pipe or channel, is prescribed as an activity under section 104(4)(l) of the Act.\n19—Water affecting activities (section 104(5) and (6) of Act)\n\t(1)\tA person is exempt from the operation of paragraph (a) of section 104(5) of the Act if the water allocation plan for the relevant water resource provides that a water resource works approval is not required in the relevant case.\n\t(2)\tA person is exempt from the operation of paragraph (b) of section 104(5) of the Act if the water allocation plan for the relevant water resource provides that a site use approval is not required in the relevant case.\n\t(3)\tA water allocation plan may, in making provision for the purposes of subregulation (1) or (2), provide that a person must not construct, maintain or operate works, or use water or surface water, unless authorised by a water licence and must, in doing so, comply with the conditions of the water licence and any relevant water allocation.\n\t(4)\tSubject to subregulation (5), a person is exempt from the operation of paragraph (a) or (b) of section 104(5) of the Act if the person may lawfully take water from the prescribed watercourse, lake or well or surface water prescribed area under the Act without holding a water allocation that relates to the relevant water resource.\n\t(5)\tSubregulation (4) does not apply in relation to a prescribed watercourse, lake or well or surface water prescribed area to the extent that the water allocation plan for the relevant water resource requires a water resource works approval or site use approval in the relevant case.\n20—Expiation fees (section 104(7) of Act)\nFor the purposes of the imposition of an expiation fee under section 104(7) of the Act, any condition of a water management authorisation or permit is prescribed.\n21—Prescribed date (section 111(1) of Act)\nFor the purposes of section 111(1) of the Act, the prescribed date is 2 July 1997.\n22—Notice to be given by relevant authority (section 113, 137 and 144 of Act)\n\t(1)\tThe notices referred to in section 113(2)(a), 137(a)(i) and 144(a)(i) of the Act must be given by the relevant authority or Minister in accordance with section 222 of the Act.\n\t(2)\tThe notices referred to in section 113(2)(c), 137(a)(iii) and 144(a)(iii) must be given by the relevant authority or Minister in such manner as the relevant authority or Minister (as the case may be) determines to be appropriate, after giving due consideration to the extent to which a particular form of publication may be effective in bringing the notice to the attention of persons who are most likely to have a particular interest in the notice (without requiring personal service).\n\t(3)\tA notice under this regulation must—\n\t(a)\tset out the relevant particulars of the application; and\n\t(b)\tidentify the land that will be affected by the grant or refusal of the application to which the notice relates; and\n\t(c)\tinclude an address at which a copy of the application may be inspected during normal office hours; and\n\t(d)\tset out the text of regulation 23.\n23—Requirements as to representations under section 113, 137 or 144 of Act\nA representation under section 113(3), 137(b) or 144(b) of the Act must—\n\t(a)\tbe in writing; and\n\t(b)\tbe made within 20 business days after the notice referred to in regulation 22(1) is given to the person making the representation or, in the case of a member of the public, within 20 business days after notice is given by the relevant authority or Minister (as the case may be) under regulation 22(2); and\n\t(c)\tstate the name and address of the person making the representation; and\n\t(d)\tif 2 or more persons make the same representation, nominate 1 of them to represent the others for procedural purposes; and\n\t(e)\tstate whether or not the person making the representation wishes to appear before the relevant authority or Minister (as the case requires) to be heard in support of the representation.\n24—Time for response by applicant\n\t(1)\t10 business days is prescribed for the purposes of sections 113(5), 137(d) and 144(d) of the Act.\n\t(2)\tThe period referred to in subregulation (1) may be increased by the relevant authority or Minister (as the case requires) if, in the opinion of the relevant authority or Minister in the circumstances of the particular case, that period is too short.\n25—Well drillers' licences—prescribed conditions\nThe following are prescribed under section 115(3) of the Act in relation to well drillers' licences:\n\t(a)\tthe licensee must keep such records as the Chief Executive directs in such manner and for such period as the Chief Executive directs;\n\t(b)\tthe licensee must, at the direction of the Chief Executive or an authorised officer, produce records referred to in paragraph (a) to the Chief Executive or authorised officer for inspection or copying;\n\t(c)\tthe licensee must not, in pursuance of the licence, commence an activity that requires a permit or water resource works approval under the Act unless the licensee has sighted the permit or approval;\n\t(d)\tthe licensee must, at the direction of the Chief Executive or an authorised officer, take samples of water or other material from a well being drilled by the licensee and must submit the samples to the Chief Executive or authorised officer for inspection and analysis;\n\t(e)\tthe licensee must comply with directions given by the Chief Executive in relation to drilling, plugging, backfilling or sealing a well or to the repair, replacement or alteration of the casing, lining or screen of a well if those directions are given to the licensee by the Chief Executive or published in the Gazette;\n\t(f)\tthe licensee must comply with the terms of any condition, permit or approval under the Act that relates to, or authorises, the work that the licensee is performing.\n26—Cancellation of water resource works approval—prescribed scheme (section 138 of Act)\n\t(1)\tSubject to this regulation, the Minister may cancel a water resource works approval—\n\t(a)\tif works within the ambit of the approval are not constructed or substantially completed within 2 years from the date of issue of the water resource works approval; or\n\t(b)\tif works within the ambit of the approval are not used because the works have been removed and have not, within 1 year of the date of the removal, been replaced by the construction of similar works; or\n\t(c)\ton the application of the holder of a water resource works approval—if works within the ambit of the approval are not used, or used to any significant degree, over a continuous period of 1 year or more; or\n\t(d)\tif—\n\t(i)\tover a continuous period of 5 years or more, works within the ambit of the approval have not been used, or used to any significant degree; and\n\t(ii)\tafter consulting with the holder of the approval, the Minister considers that the works will not be used, or used to any significant degree, in the manner specified in the approval.\n\t(2)\tThe Minister must, at least 1 month before cancelling a water resource works approval under subregulation (1)(a) or (b), notify the holder of the water resource works approval of the Minister's intention to cancel the water resource works approval.\n\t(3)\tThe Minister must not cancel a water resource works approval under this regulation if it appears to the Minister that the cancellation would have an unreasonable impact on a water resource or other form of natural resource.\n27—Cancellation of site use approval—prescribed scheme (section 145 of Act)\n\t(1)\tSubject to this regulation, the Minister may cancel a site use approval in the following circumstances:\n\t(a)\ton the application of the holder of a site use approval;\n\t(b)\tif, as a result of the provisions of a relevant water allocation plan, the Minister considers that the site use approval is no longer required;\n\t(c)\tif the Minister considers it necessary or appropriate to cancel the site use approval as a result of a division of land, or the acquisition of land by an agency or instrumentality of the Crown or a council;\n\t(d)\tif—\n\t(i)\tthere has been no water use of the kind specified in the site use approval for at least 5 years; and\n\t(ii)\tafter consulting with the holder of the site use approval, the Minister considers that the purpose or purposes for which the site use approval was granted will not be carried out at that place in the future.\n\t(2)\tThe Minister must not cancel a site use approval under this regulation if it appears to the Minister that the cancellation would have an unreasonable impact on a water resource or other form of natural resource.\nPart 7—Specific provisions relating to consumptive pools, water access entitlements and allocations\n28—Transfers between consumptive pools\n\t(1)\tA water allocation plan may determine (subject to the provisions of the water allocation plan) that a portion of the water within a consumptive pool will be available for the purposes of any transfer of—\n\t(a)\ta water access entitlement, or part of a water access entitlement; or\n\t(b)\ta water allocation,\nwhere the transfer is to occur between 2 consumptive pools with the same prescribed water resource, or between 2 consumptive pools for 2 prescribed water resources that are both managed under the water allocation plan.\n\t(2)\tA share of water available in the consumptive pools will take into account the extent to which transfers may be allowed under subregulation (1).\n\t(3)\tA water allocation plan should only provide for transfers under subregulation (1) if—\n\t(a)\tthere is a reasonable connection (including from a management perspective) between the consumptive pools, as set out in the water allocation plan; and\n\t(b)\tthere is sufficient capacity within the relevant consumptive pool (as determined under the water allocation plan, or by the Minister in accordance with the provisions of the water allocation plan) for water to be taken from the water resource on account of any such transfers.\n29—Classification of water access entitlements\n\t(1)\tFor the purposes of section 121 of the Act and without limiting the factors that may be specified by a water allocation plan, access to a share of water in a consumptive pool, as represented by a water access entitlement, may be classified according to 1 or more of the following characteristics:\n\t(a)\tthe purpose for which the water is used;\n\t(b)\tthe priority or reliability of allocations (with reliability being the frequency with which water allocated under a water access entitlement is able to be supplied in full);\n\t(c)\ttradability;\n\t(d)\tentitlement to any carry-overs;\n\t(e)\tassociation with a management zone;\n\t(f)\tany other characteristic identified in the water allocation plan.\n\t(2)\tFor the purposes of Schedule 4 clause 6(g) of the Act, information relating to the class and reliability of a water access entitlement is prescribed.\n30—Variation of water licences—policies and principles specified by water allocation plan\n\t(1)\tFor the purposes of section 53(1)(k) of the Act, a water allocation plan may specify polices and principles that are relevant to the Minister making a decision under section 124 of the Act in relation to the variation of a water licence.\n\t(2)\tWithout limiting subregulation (1), those policies or principles may provide for—\n\t(a)\tthe conversion of water access entitlements on account of any transfer; and\n\t(b)\tthe reclassification of water access entitlements, including on account of changes in reliability.\n31—Water allocation plans—priorities for allocation according to management zones\n\t(1)\tFor the purposes of section 53(1)(k) of the Act, a water allocation plan may set out a framework or scheme for how water in a consumptive pool that is available for allocation is to be prioritised for allocation to different classes of entitlement within the consumptive pool.\n\t(2)\tWithout limiting subregulation (1), a water allocation plan may—\n\t(a)\tspecify different principles for the reduction or variation of water access entitlements; or\n\t(b)\tspecify different principles for the allocation of water, or for the reduction or variation of water allocations,\naccording to management zones established by the water allocation plan.\n32—Tagged interstate water trades\n\t(1)\tIf—\n\t(a)\ta transfer of a water allocation is being undertaken (or is proposed to be undertaken) under an Interstate Water Entitlements Transfer Scheme; and\n\t(b)\tthe transfer is (or is proposed to be) part of a series of transfers (including a series of 2) to occur under that scheme; and\n\t(c)\tthe person who is to obtain the benefit of each transfer—\n\t(i)\tis the same person each time; and\n\t(ii)\tholds an entitlement under a corresponding law of another jurisdiction (being an entitlement that is relevant to the transfer of the water allocation either by giving rise to the water allocation or by receiving the benefit of the water allocation); and\n\t(d)\tthe scheme under which the transfer of allocation is occurring is supported by an intergovernmental agreement that, under a determination of the Minister, is recognised for the purposes of this regulation,\nthen—\n\t(e)\ta fee (being the fee prescribed under the Act) is payable in relation to an application to register the transfers (or proposed transfers) under the scheme; but\n\t(f)\tno fee is payable, in relation to any transfers in the series once the registration has occurred.\n\t(2)\tNothing in subregulation (1) derogates from any other requirement under the Act—\n\t(a)\tto provide information, or a notice or other document or instrument, in connection with the provision, delivery or receipt of water (or an entitlement to water); or\n\t(b)\tto hold a water resource works approval or a site use approval in an appropriate case.\n33—Joint applications to vary water take or use limits on water licence or approval\n\t(1)\tA joint application may be made by the holders of—\n\t(a)\t2 or more water licences; or\n\t(b)\t2 or more water resource works approvals; or\n\t(c)\t2 or more site use approvals,\nfor a variation prescribed under subregulation (2).\n\t(2)\tThe following variations are prescribed:\n\t(a)\tthe variation of conditions of water licences, water resource works approvals or site use approvals (as the case may be), so that a volume of water that may be taken, collected, used, diverted or extracted under the licences or approvals (as applies in the appropriate case) may be reduced under 1 or more instruments and increased under the other instrument or instruments;\n\t(b)\tthe variation of maximum volumes of water under section 135(1)(b) or 142(1)(b) of the Act in relation to water resource works approvals or site use approvals (as the case may be), so that a volume of water that may be taken, collected, used, diverted or extracted under the approvals (as applies in the appropriate case) may be reduced under 1 or more instruments and increased under the other instrument or instruments.\n\t(3)\tA variation under subregulation (1) must be consistent with section 124(3), 136(4) or 143(3) of the Act (as the case requires).\nPart 8—Forest water licences\n34—Interpretation—harvesting (section 164 of Act)\n\t(1)\tFor the purposes of section 164 of the Act, a reference to harvesting does not include the following activities:\n\t(a)\tforest thinning;\n\t(b)\tsalvage operations following instances of pest incursion, wind-throw, fire or other such harmful or damaging events to forest vegetation;\n\t(c)\tan activity specified in the water allocation plan relating to the declared forestry area as an activity that does not constitute harvesting.\n\t(2)\tIn this regulation—\nforest thinning means the selective removal of a proportion of the trees from a commercial forest, primarily undertaken to improve the growth rate or health of the remaining trees in the forest, but does not include clear-felling.\n35—Provision of notice to Minister (section 166 of Act)\n\t(1)\tNotice of a transfer under section 166(6) of the Act must be furnished to the Minister in a manner and form and within a period determined by the Minister.\n\t(2)\tNotice of an assignment under section 166(7) of the Act must be furnished to the Minister in a manner and form and within a period determined by the Minister.\n36—Variations—allocations—prescribed period (section 168 of Act)\n\t(1)\tFor the purposes of section 168(1)(b) of the Act—\n\t(a)\tin the case of the unconfined aquifer management areas of Coles, Short and Zone 3A, as set out in the water allocation plan for the Lower Limestone Coast Prescribed Wells Area—the period of 4 years is prescribed;\n\t(b)\tin any other case—the period of 2 years is prescribed.\n\t(2)\tIn this regulation—\nLower Limestone Coast Prescribed Wells Area has the same meaning as in the Water Resources (Lower Limestone Coast Prescribed Wells Area) Regulations 2004.\n37—Approval for transfer of allocations—prescribed circumstances (section 169 of Act)\n\t(1)\tFor the purposes of section 169(7)(d) of the Act, the Minister must refuse an application for a transfer if the applicant has not paid a water levy, or a part of a water levy, and the Minister thinks that it is appropriate to refuse the application on the basis of the non-payment.\n\t(2)\tFor the purposes of section 169(9) of the Act, the forest manager may not deal with a water allocation attached to the licence if the result would be that the water allocation attached to the licence would fall below the water required to offset the impact of the forest on the relevant water resource (as determined under the relevant water allocation plan).\n38—Variation—conditions—prescribed period (section 171 of Act)\nFor the purposes of section 171(1)(b) of the Act, the period of 18 months is prescribed.\n39—Surrender of licences—prescribed circumstances (section 173 of Act)\nFor the purposes of section 173 of the Act, a licensee may surrender a forest water licence in circumstances where the commercial forest the subject of the forest water licence has been permanently removed.\n40—Offences—prescribed rate (section 175 of Act)\nFor the purposes of section 175(2)(a)(i) of the Act, the prescribed rate is $25 per kilolitre.\nPart 9—Miscellaneous\n41—Prescribed period (section 184 of Act)\nFor the purposes of section 184(3) of the Act, the period of 3 months from the date of application is prescribed.\n42—Availability of representations (section 113 of Act)\n\t(1)\tFor the purposes of section 113 of the Act, the relevant authority must ensure that a copy of any representation made under section 113(3) of the Act, and of any response made under section 113(4) of the Act, is available for inspection by members of the public for at least 12 months after the relevant authority gives it decision on the application.\n\t(2)\tNo fee is payable to inspect a representation while it is to be available under subregulation (1).\n43—Requirement to provide information to Minister\n\t(1)\tSA Water and all other persons who provide reticulated water supply or sewerage services and all persons who provide water drainage services must, at the request of the Minister, provide the Minister with the following information:\n\t(a)\tthe location of the infrastructure used by the person to provide those services;\n\t(b)\tthe materials used in the construction of the infrastructure;\n\t(c)\tthe capacity of the infrastructure;\n\t(d)\tin the case of SA Water or any other person who provides reticulated water supply services—\n\t(i)\tthe source, volume and quantity of the water flowing into reservoirs and other storage facilities used by SA Water or the other person; and\n\t(ii)\tthe volume and quality of water held in storage; and\n\t(iii)\tthe volume of water lost to evaporation or leakage from storage facilities; and\n\t(iv)\tthe volume and quality of water discharged from storage facilities for supply to customers or for any other purpose;\n\t(e)\tin the case of SA Water or any other person who provides sewerage or other water drainage services—\n\t(i)\tthe volume and quality of water in the sewerage or water drainage system; and\n\t(ii)\tthe volume and quality of water discharged from the sewerage or water drainage system;\n\t(f)\tsuch other information as the Minister may determine.\n\t(2)\tSection 9(3) of the Act applies to the kinds of information referred to in subregulation (1) including information requested by the Minister under subregulation (1)(f).\n44—Amendment of water affecting activities control policies\nPursuant to Schedule 2 clause 4(8)(b) of the Act, the provisions of Schedule 2 clause 4 do not apply to an amendment of a water affecting activities control policy by a prescribed authority if the amendment is—\n\t(a)\tto correct an error in the policy; or\n\t(b)\tto make a change of form (not involving a change of substance) in the policy.\n45—The Water Register\nFor the purposes of clause 7(2)(a) of Schedule 4 of the Act, the Minister will give effect to the transfer by approving the transfer under Part 8 of the Act.\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 and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2020\n223\nGazette 25.6.2020 p3538 \n1.7.2020: r 2\n2020\n319\nGazette 17.12.2020 p5778\n17.12.2020: 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 \n17.12.2020\nPt 8\n\n\nr 36\nsubstituted by 319/2020 r 4\n17.12.2020\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not accessible. No content was available to compare against original intent."},"complexity_factors":["No legislative content was retrievable — a 'Page Not Found' error was returned instead of the actual regulations","Unable to assess provisions, definitions, cross-references, or operative clauses","Complexity score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"The Landscape South Australia (Water Management) Regulations 2020 are subordinate rules under the Landscape South Australia Act 2019 that set out how water is to be managed in South Australia. They matter to anyone who takes, uses or manages water—irrigators, rural landowners, businesses and councils—because they likely cover licences, allocations, trading and on‑ground use requirements that determine legal access and obligations for water use."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"These regulations primarily provide technical and procedural detail to implement powers already granted by the Landscape South Australia Act 2019 (meter standards and testing, levy refunds, consultation and notice procedures, transfer rules, forest licence mechanics, information obligations). They clarify and operationalise the Act rather than materially expanding the Act's substantive scope. A small number of operational specifics are newly prescribed (for example precise meter accuracy bands, refund date bands, the 100 L/day drinking water rate and the designation of the Mount Lofty Ranges Watershed by plan number), but these are implementing details rather than an extension of the Act's policy reach."},"complexity_factors":["9 Parts and 45 regulations setting technical, procedural and substantive rules","Extensive cross‑references to many sections of the Landscape South Australia Act 2019 (e.g. ss 3, 53, 55, 79–89, 100, 104–105, 111, 113, 115, 124, 136–145, 164–175, 184)","Multiple defined terms with context‑specific meanings (e.g. environmental donations entitlement, associated infrastructure, responsible person) and one statutory map prescription (Mount Lofty Ranges Watershed) (regs 3, 4, 12)","Numerous ministerial determinations and approvals required (meter specifications, competent persons, fee determinations, notice forms and periods) producing significant delegated discretion (regs 6, 13–15, 22, 35, 43)","Detailed technical and conditional meter testing and reinstallation rules with nested requirements and time limits (regs 13–14)","Multi‑tiered refund and fee schedules with date‑banded percentages (reg 7) and prescribed monetary rates (reg 40)","Several conditional exemptions and exceptions (e.g. water affecting activities exemptions, prescribed cases for site/water resource approvals) creating nested eligibility logic (regs 18–19, 26–27)","Procedural timeframes and public availability rules for representations and responses with options to extend or alter periods (regs 5, 22–24, 42)","Specific regime elements for specialised sectors (forest water licences, well drillers) adding sectoral complexity (Part 8, reg 25)"],"plain_english_summary":"**What these regulations do (mechanics first)**\n\n- This instrument sets the operational and technical rules for managing water under the Landscape South Australia Act 2019. It prescribes definitions, procedural timeframes, who must be notified and how, meter standards and testing regimes, levy and refund mechanics, offences and fees, and specific rules for transfers, forest licences and other water‑related approvals (see generally Parts 1–9).\n\n**Who is affected**\n\n- Holders of water licences, water allocations and other water management authorisations (metering, levies, transfers, licence variations) (many provisions; e.g. regs 5, 9–16, 28–33).\n- Landowners on whose property meters are installed and persons who use water measured by those meters (regs 9–13).\n- Regional landscape boards (accreditation for environmental donations entitlement) and the Minister (roles in approvals, specifications and enforcement) (regs 7, 13, 15, 16).\n- SA Water and other reticulated water, sewerage and drainage service providers (information‑sharing obligations) (reg 43).\n- Well drillers and forest managers (prescribed licence conditions and forest water licence rules) (regs 25, 34–40).\n\n**Why it matters**\n\n- It fixes how water is measured and who pays for meters (supply, rent, standards, testing and who may enter land to inspect meters) (regs 9–16). Accurate metering drives levy liability, enforcement and trade eligibility.\n- It creates a timetable and formula for refunds of part of water levies where water access or allocations are donated for environmental use (the refund bands depend on the date within the financial year) (reg 7).\n- It prescribes consultation, notification and response deadlines for changes to water allocation plans or approvals (minimum consultation period of 2 months for licence holders; 20 business days for representations; prescribed response times) (regs 5, 22–24).\n- It sets administrative powers to cancel unused approvals, to prioritise allocations within consumptive pools, to allow transfers between pools, and to treat certain cross‑jurisdiction trades in a bundled way (regs 26–33).\n- It imposes record‑keeping, sampling and inspection obligations on well drillers and allows the Minister to require detailed infrastructure and water‑flow information from SA Water and others (regs 25, 43).\n\n**Stated purposes and how the regulations implement them**\n\n- The regulations provide technical detail to implement powers in the parent Act: meter accuracy and testing regimes, refund rules for environmental donations, and administrative procedures for consultations, cancellations and transfers (see Parts 3–6, 7 and 9). For example, the refund mechanism quantifies refund percentages by date band within the financial year (reg 7).\n\n**Costs, incentives, trade‑offs and likely behavioural effects**\n\n- Who pays: meter supply/installation costs and prescribed rent may be charged to landowners or users (reg 9(2), 10(1)); unpaid charges become debts to the Crown (reg 6(3), 9(2)). Penalties and expiation fees apply for non‑compliance (reg 16; other expiation references at regs 20 and 40).\n- Incentives: the refund schedule for environmental donations incentivises early‑year donations or condition variations to redirect water to environmental use (reg 7). The requirement that meters meet accuracy standards and be tested by Minister‑approved competent persons incentivises use of approved suppliers and testing services (regs 13–14).\n- Compliance burden: mandatory technical standards, testing certificates, use of Minister‑approved persons and record keeping create ongoing costs for licence holders, landholders with meters and service providers (regs 13, 14, 25, 43).\n- Administrative discretion and timing risk: many operational details are left to the Minister or the Minister’s specifications (e.g. meter specifications, the form and timing of notices, approval of competent persons and specification of periods), which concentrates decision power in the executive and may create delay or uncertainty where specifications are not published promptly (regs 6, 13, 14, 15, 22, 35).\n- Market effects: requirements for specific meter accuracy, approved parts and approved service providers can raise compliance costs and restrict supplier choice (regs 13(1)(a), 13(4)). Trade facilitation measures such as recognition of interstate tagged trades reduce repeated fees once registered (reg 32) and so lower transaction costs for repeated interstate transfers once the series is approved.\n- Redistribution of burdens: refunding part of the levy for donated entitlements reduces levy revenues tied to those allocations (reg 7). Recovery mechanisms convert non‑payment into Crown debt and allow the Minister to determine recovery charges (reg 6), shifting collection costs and enforcement risk to the Crown but enabling cost recovery from individual defaulters.\n\n**Implementation and compliance risks**\n\n- Heavy reliance on Ministerial determinations and approvals (specifications, competent persons, forms and periods) creates single‑point operational risk: if specifications or lists are not clear, stakeholders may face uncertainty or be unable to comply (regs 13–16, 35, 43).\n- Technical meter and testing requirements introduce the risk of disputes over accuracy and certification; the rules set accuracy thresholds and reinstallation/refurbishment obligations to reduce that risk, but also require availability of approved testers and parts (regs 13–14).\n- Cancellation powers (for unused works or site use approvals) are subject to consultation and an \"unreasonable impact\" safeguard (regs 26–27), but parties holding dormant approvals may face loss of entitlements if they do not maintain or reactivate works.\n\n**Plain declarative summary of decision‑making and behaviour changes**\n\n- The Minister decides specifications for meters, fee determinations for recovery and rent, who is an approved competent person, and how and when notices must be given (regs 6, 13–15, 22, 35, 43).\n- Licence holders and persons using water must install, maintain and test meters to specified standards, keep records, respond to notices within prescribed periods and comply with conditions or face penalties (regs 12–16, 23–25).\n- Regional landscape boards decide whether to accredit recipients for environmental donations (reg 7(2)).\n\n**Key concrete mechanics to note (selected)**\n\n- Minimum consultation period for licence‑holder submissions on plan amendments: 2 months (reg 5).\n- Refunds for donated water access entitlements are pro‑rata by date bands in the financial year (reg 7: 100% for 1–10 July, 75% to 31 Oct, 50% to 31 Jan, 25% to 31 Mar, 0% thereafter).\n- Meters must be manufacturer rated to ±2.5% (reg 13(1)(a)); if testing finds accuracy worse than ±4% a refurbishment and new certificate are required before reinstallation (reg 14(11)).\n- The Minister may supply meters but recover costs or charge rent; meters supplied by the Minister remain Crown property until costs are paid (regs 9–10).\n- SA Water and other service providers must supply infrastructure and flow/quality data to the Minister on request (reg 43).\n\n(References in parentheses are to specific regulation numbers in the Landscape South Australia (Water Management) Regulations 2020.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original purpose as subsidiary legislation under the Landscape South Australia Act 2019. They operationalise the Act's framework by prescribing specific details (fees, time periods, technical specifications) that the Act intentionally left to regulations. The scope covers water management, metering, levies, and licensing as expected from the enabling Act's title and purpose. No significant mission creep is evident - the regulations stay within the boundaries of water resource management and do not expand into unrelated areas."},"complexity_factors":["Extensive cross-referencing to the parent Act (Landscape South Australia Act 2019) with over 50 section references requiring simultaneous reading of both documents","Nested conditional logic in Part 5 (Meters) with multiple layers of 'if-then' requirements, exceptions, and alternative compliance pathways (e.g., on-site testing vs removal testing in regulation 14)","Multiple defined terms scattered throughout rather than concentrated in one interpretation section - 'associated infrastructure' defined separately in regulations 12 and 13, 'prescribed fee' defined in regulation 10, 'environmental donations entitlement' with multi-part definition in regulation 7","Complex refund calculation table in regulation 7 with date-based percentage tiers requiring precise timing calculations","Dual enforcement mechanisms - some meter offences under regulations, others under the Act (section 79(5)), creating confusion about which penalty applies","Variable time periods prescribed for different circumstances - 28 days for meter testing, 14 days for certificates, 20 business days for representations, 2 years or 4 years for forest allocations depending on location","Ministerial discretion heavily relied upon with repeated phrases 'determined or approved by the Minister' appearing over 20 times, creating regulatory uncertainty until specifications are actually made","Interlocking approval systems where water resource works approvals, site use approvals, and water licences interact in complex ways (Part 7 and Part 8)"],"plain_english_summary":"These regulations set out the detailed rules for managing water resources in South Australia under the Landscape South Australia Act 2019. They cover how water is measured, who pays for it, and how water rights can be transferred or changed.\n\n**Key things this legislation does:**\n\n**Water metering and measurement**\n- Requires meters to be installed to measure water use, with strict rules about accuracy (within 2.5% for new meters)\n- Sets out who owns the meters (the Minister or private owners) and who pays for installation, maintenance, and rent\n- Creates detailed testing requirements - meters must be tested every so often, and if they're more than 4% inaccurate, they must be fixed before being put back\n- Makes it an offence to tamper with meters, bypass them, or remove them without permission (fines up to $7,000)\n\n**Water levies and refunds**\n- Allows the Minister to charge fees for recovering unpaid water bills\n- Creates a refund system for people who donate their water allocations to environmental causes - the earlier in the financial year you donate, the bigger your refund (100% if done in early July, dropping to 0% after April)\n\n**Managing water rights and transfers**\n- Sets rules for transferring water allocations between different areas (\"consumptive pools\")\n- Allows water allocation plans to classify water rights by purpose, reliability, and whether they can be traded\n- Creates a special fee structure for interstate water trades that involve multiple transfers\n- Allows joint applications to swap water limits between neighbouring properties\n\n**Forest water licences**\n- Special rules for commercial forests that use water, including:\n  - Defining what counts as \"harvesting\" (thinning and salvage operations don't count)\n  - Setting timeframes for varying allocations (2 years normally, 4 years for specific aquifer areas)\n  - Allowing licence surrender when forests are permanently removed\n  - Setting a penalty rate of $25 per kilolitre for taking water without proper authorisation\n\n**Approvals and cancellations**\n- Sets time limits for using water infrastructure approvals (2 years to build, or they can be cancelled)\n- Allows cancellation of site use approvals if water hasn't been used for 5 years\n- Requires 20 business days for public submissions on water applications\n\n**Who this affects:**\n- Farmers and irrigators who take water from rivers, lakes, or underground\n- Commercial forest operators\n- Well drillers (who must keep records and follow specific conditions)\n- SA Water and other water service providers (who must provide infrastructure information to the Minister)\n- Anyone holding water licences, water resource works approvals, or site use approvals\n\n**Why it matters:**\nSouth Australia is the driest state in the driest inhabited continent. These regulations ensure water is measured accurately, paid for fairly, and managed sustainably. The detailed metering rules prevent water theft and ensure everyone plays by the same rules. The environmental donation scheme encourages water to be set aside for environmental flows. The forest water licence rules recognise that plantations affect water resources and need special management."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/landscape-south-australia-water-management-regulations-2020","history":"/api/acts/landscape-south-australia-water-management-regulations-2020/history","analysis":"/api/acts/landscape-south-australia-water-management-regulations-2020/analysis","conflicts":"/api/acts/landscape-south-australia-water-management-regulations-2020/conflicts","importantCases":"/api/acts/landscape-south-australia-water-management-regulations-2020/important-cases","documents":"/api/acts/landscape-south-australia-water-management-regulations-2020/documents"}}