{"id":"murray-darling-basin-act-2008","name":"Murray-Darling Basin Act 2008","slug":"murray-darling-basin-act-2008","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105992,"registerId":"sa-murray-darling-basin-act-2008-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Murray-Darling Basin Act 2008","content":"South Australia\nMurray-Darling Basin Act 2008\nAn Act to facilitate the operation of an agreement entered into between the Commonwealth, New South Wales, Victoria, Queensland, South Australia and the Australian Capital Territory to promote and co‑ordinate effective planning and management for the equitable, efficient and sustainable use of the water and other natural resources of the Murray‑Darling Basin; to make related amendments to the Development Act 1993, the Ground Water (Qualco-Sunlands) Control Act 2000, the Natural Resources Management Act 2004, the River Murray Act 2003 and the Waterworks Act 1932; to repeal the Murray-Darling Basin Act 1993; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\nPart 2—Provisions relating to Basin Officials Committee\n4\tAppointment of member of Basin Officials Committee\n5\tConditions and period of appointment\nPart 3—Construction and management of works\n6\tConstruction of works\n7\tAcquisition of land\n8\tConstruction and other powers of Minister\n9\tStatus of Minister\n10\tAuthorisation to pay compensation\n11\tPowers to dispose of certain lands\n12\tLand dedicated under the Crown Lands Act 1929\nPart 4—Authorisations to enter and occupy land\n13\tAuthorisation of persons to enter and occupy land\n14\tEntry and occupation of land\nPart 5—Miscellaneous\n15\tExemption from taxes and charges\n16\tAppropriation\n17\tCertain documents to be laid before Parliament\n18\tPower of delegation\n19\tOffence to damage works\n20\tRegulations\nSchedule 1—Consequential amendments, repeal and transitional provisions\nPart 1—Preliminary\n1\tAmendment provisions\nPart 2—Amendment of Development Act 1993\n2\tAmendment of section 4—Interpretation\n3\tAmendment of section 48—Governor to give decision on development\nPart 3—Amendment of Ground Water (Qualco-Sunlands) Control Act 2000\n4\tAmendment of section 3—Interpretation\n5\tAmendment of section 26—Amendment of salinity credits by Trust\nPart 4—Amendment of Natural Resources Management Act 2004\n6\tAmendment of section 3—Interpretation\n7\tAmendment of section 4—Interaction with other Acts\n8\tAmendment of section 87—Promotion of River Murray legislation and IGA\n9\tAmendment of section 89—Amendment of plans without formal procedures\n10\tAmendment of section 135—Permits\n11\tAmendment of section 146—Licences\n12\tAmendment of section 152—Basis of decisions as to allocations\n13\tAmendment of section 156—Reduction of water allocations\n14\tAmendment of section 160—Basis of decision as to transfer\nPart 5—Further amendment of Natural Resources Management Act 2004\n15\tAmendment of section 3—Interpretation\n16\tAmendment of section 146—Nature of water licences\n17\tAmendment of section 147—Water licences—applications and matters to be considered\n18\tAmendment of section 149—Variation of water licences\n19\tAmendment of section 150—Transfer of water licences\n20\tAmendment of section 154—Water allocations—matters to be considered\n21\tAmendment of section 155—Reduction of water allocation\n22\tAmendment of section 156—Variation of water allocations\n23\tAmendment of section 157—Transfer of water allocations\n24\tAmendment of section 159—Water resource works approvals—applications and matters to be considered\n25\tAmendment of section 161—Variation of approvals\n26\tAmendment of section 164A—Site use approvals—applications and matters to be considered\n27\tAmendment of section 164C—Variation of approvals\n28\tAmendment of section 164G—Delivery capacity entitlements—applications and matters to be considered\n29\tAmendment of section 164J—Variation of delivery capacity entitlements\n30\tAmendment of section 164K—Transfer of delivery capacity entitlements\nPart 6—Amendment of River Murray Act 2003\n31\tAmendment of section 3—Interpretation\n32\tAmendment of section 5—Interaction with other Acts\n33\tAmendment of section 9—Functions and powers of Minister\n34\tAmendment of section 22—Development of related policies and consideration of activities\nPart 7—Amendment of Waterworks Act 1932\n35\tAmendment of section 100—Save the River Murray Fund\nPart 8—Repeal of Murray-Darling Basin Act 1993\n36\tRepeal of Murray-Darling Basin Act 1993\nPart 9—Transitional provisions\n37\tReferences\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Murray-Darling Basin Act 2008.\n2—Commencement\n\t(1)\tThis Act will come into operation on a day to be fixed by proclamation.\n\t(2)\tSection 7(5) of the Acts Interpretation Act 1915 does not apply to this Act or a provision of this Act.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nAgreement means the Murray‑Darling Basin Agreement, a copy of which is set out in Schedule 1 of the Water Act 2007 of the Commonwealth, as in force from time to time;\nauthorised person means a person authorised under section 13;\nAuthority means the Murray‑Darling Basin Authority established under the Water Act 2007 of the Commonwealth;\nBasin Officials Committee means the committee of that name established under the Agreement;\nformer Agreement means the agreement approved under the Murray-Darling Basin Act 1993 and includes—\n\t(a)\tall the amendments to that agreement agreed to by the Ministerial Council under that agreement before the commencement of this Act; and\n\t(b)\tany agreement that constituted a former Agreement under that agreement before the commencement of this Act;\nland includes an estate or interest in land;\nworks means works constructed under a former Agreement or constructed, or to be constructed, under the Agreement.\n\t(2)\tWords used in this Act have the same respective meanings as in the Agreement.\nPart 2—Provisions relating to Basin Officials Committee\n4—Appointment of member of Basin Officials Committee\n\t(1)\tThe Minister is authorised to appoint—\n\t(a)\ta person as a member of the Basin Officials Committee representing the State; and\n\t(b)\ta person to act as the member of the Basin Officials Committee in place of a member appointed under paragraph (a) under the terms of the Agreement.\n\t(2)\tTo be eligible for appointment under subsection (1), a person must be a person employed in the Public Service.\n\t(3)\tThe appointment of a person under this section is not invalidated merely because of a defect or irregularity in connection with the appointment.\n\t(4)\tA person's appointment to act as a member of the Committee—\n\t(a)\tdoes not cease to have effect merely because the relevant member's appointment ceases to have effect; and\n\t(b)\tif that member is replaced by the appointment of another member—continues in effect in relation to the new member.\n\t(5)\tA person appointed to act as a member of the Committee may act as, and perform the functions and exercise the powers of, the relevant member—\n\t(a)\tduring a vacancy in the office of the member, whether or not an appointment has previously been made to the office; or\n\t(b)\tduring any period, or during all periods, when the member—\n\t(i)\tis absent from duty or Australia; or\n\t(ii)\tis, for any reason, unable to attend a meeting of the Committee; or\n\t(iii)\tis, for any reason, unable to perform the duties of the office.\n\t(6)\tAnything done by or in relation to a person purporting to act under an appointment is not invalid merely because—\n\t(a)\tthe occasion for the appointment had not arisen; or\n\t(b)\tthere was a defect or irregularity in connection with the appointment; or\n\t(c)\tthe appointment had ceased to have effect; or\n\t(d)\tthe occasion to act had not arisen or had ceased.\n5—Conditions and period of appointment\n\t(1)\tA person appointed by the Minister as a member of the Basin Officials Committee (including to act as a member) will hold office on conditions determined by the Minister for a period, not exceeding 3 years, specified in the instrument of appointment and will, at the expiration of a term of office, be eligible for reappointment.\n\t(2)\tThe Minister may, as the Minister thinks fit, terminate the appointment of a person before the expiration of a term of office under subsection (1).\n\t(3)\tThe office of a person appointed by the Minister as a member of the Basin Officials Committee (including to act as a member) becomes vacant by force of this subsection if the person ceases to be employed in the Public Service.\nPart 3—Construction and management of works\n6—Construction of works\nSubject to this Act and the Agreement—\n\t(a)\tthe construction, maintenance, operation and control in the State of any works; and\n\t(b)\tthe carrying out of any of the operations referred to in the Agreement; and\n\t(c)\tthe implementation of any of the measures referred to in the Agreement,\nare authorised.\n7—Acquisition of land\n\t(1)\tThe Minister may acquire, whether compulsorily or otherwise—\n\t(a)\tany land necessary for—\n\t(i)\tthe construction, maintenance, operation and control of the works; or\n\t(ii)\tthe protection of those works; or\n\t(iii)\tpreserving or improving the quality or purity of the water to be supplied from those works; or\n\t(b)\tany other land necessary for or relating to or connected with the carrying out by the Authority of its functions or duties or the exercise by the Authority of its powers.\n\t(2)\tThe compulsory acquisition of land by the Minister is subject to and must be undertaken in accordance with the Land Acquisition Act 1969.\n8—Construction and other powers of Minister\nThe Minister may, in accordance with this Act and the Agreement—\n\t(a)\tconstruct, maintain, operate and control any works; and\n\t(b)\tcarry out operations referred to in the Agreement; and\n\t(c)\timplement measures referred to in the Agreement.\n9—Status of Minister\nWithout limiting any other provision—\n\t(a)\tthe Minister may act on behalf of the State as a Contracting Government under the Agreement; and\n\t(b)\tthe Minister is appointed as a Constructing Authority under the Agreement for the purpose of constructing any works or executing any measures authorised by, or associated with, the Agreement.\n10—Authorisation to pay compensation\nThe Minister is authorised to pay compensation for damage occasioned by, or arising out of, anything done by the Minister in—\n\t(a)\tconstructing, maintaining, operating and controlling any works; or\n\t(b)\tcarrying out operations referred to in the Agreement; or\n\t(c)\timplementing measures referred to in the Agreement.\n11—Powers to dispose of certain lands\nThe Minister—\n\t(a)\tmay dispose of any lands acquired under section 7 or under a corresponding previous enactment that are no longer required for the purpose for which they were acquired; or\n\t(b)\tmay grant a lease of any lands acquired under section 7 or under a corresponding previous enactment for purposes, including recreational purposes, consistent with the purpose for which the lands were acquired.\n12—Land dedicated under the Crown Lands Act 1929\nLand dedicated under the Crown Lands Act 1929 for the purposes of the Agreement may be used and occupied for those purposes by or on behalf of a Contracting Government.\nPart 4—Authorisations to enter and occupy land\n13—Authorisation of persons to enter and occupy land\n\t(1)\tThe Minister may authorise a person in writing to enter and occupy land for the purposes of this Act or the Agreement.\n\t(2)\tThe Minister must provide an authorised person with a certificate of authority.\n\t(3)\tA certificate of authority must—\n\t(a)\tstate that it is issued under the Murray-Darling Basin Act 2008; and\n\t(b)\tgive the name of the person to whom it is issued; and\n\t(c)\tdescribe the nature of the powers conferred; and\n\t(d)\tstate the date, if any, on which it expires.\n\t(4)\tAn authorised person, when entering land, must produce the certificate if requested to do so by a person apparently in occupation of the land.\n14—Entry and occupation of land\n\t(1)\tFor the purposes of this Act or the Agreement, the Minister or an authorised person may, after giving 7 days notice in writing to the owner or occupier, enter and occupy any land and is entitled to free access to all works.\n\t(2)\tThe Minister or an authorised person may not enter residential premises except with the consent of the occupier.\n\t(3)\tThe requirement to give 7 days notice in writing does not apply in an emergency or if the owner or occupier consents to entry on, and occupation of, land within a shorter period.\n\t(4)\tIn exercising the powers under this section, the Minister or authorised person—\n\t(a)\tmust cause as little harm and inconvenience as possible; and\n\t(b)\tmust not occupy the land for any longer than is reasonably necessary; and\n\t(c)\tmust leave the land as nearly as possible in the condition in which the Minister or authorised person found it; and\n\t(d)\tmust co‑operate as much as practicable with the owner and occupier of the land.\n\t(5)\tA person must not without reasonable excuse obstruct or hinder a person exercising powers under this section.\nMaximum penalty: $5 000.\nPart 5—Miscellaneous\n15—Exemption from taxes and charges\nNo rate, tax, charge or fee is payable under an Act or statutory instrument—\n\t(a)\tin respect of any works; or\n\t(b)\tin respect of any property used or held by a Contracting Government or a Constructing Authority for the purposes of any works.\n16—Appropriation\nAll money required to be provided by the State under the Agreement is to be provided out of money appropriated by the Parliament for the purpose.\n17—Certain documents to be laid before Parliament\nThe Minister must cause a copy of—\n\t(a)\teach annual report of the Authority received by the State Minister under section 214 of the Water Act 2007 of the Commonwealth; and\n\t(b)\teach amendment of the Agreement that takes effect under the terms of the Agreement,\nto be laid before each House of Parliament within 15 sitting days after the report is received or the amendment takes effect (as the case may be).\n18—Power of delegation\n\t(1)\tThe Minister may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this Act, or under any other Act that, in the opinion of the Minister, is relevant to the operation or administration of this Act or the Agreement.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the ability of the Minister to act in any matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n19—Offence to damage works\nA person must not, without lawful excuse, destroy or damage any works constructed or operated under this Act or the Agreement.\nMaximum penalty: $100 000 or imprisonment for 5 years.\n20—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tA regulation under this Act—\n\t(a)\tmay make different provision according to the matters or circumstances to which they are expressed to apply;\n\t(b)\tmay provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or any other person or body prescribed by the regulations.\nSchedule 1—Consequential amendments, repeal and transitional provisions\nPart 1—Preliminary\n1—Amendment provisions\nIn this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.\nPart 2—Amendment of Development Act 1993\n2—Amendment of section 4—Interpretation\nSection 4(1), definition of Murray‑Darling Basin—delete the definition and substitute:\nMurray‑Darling Basin has the same meaning as in the Water Act 2007 of the Commonwealth;\n3—Amendment of section 48—Governor to give decision on development\nSection 48(5)(da)(iv)—delete subparagraph (iv) and substitute:\n\t(iv)\tany obligations or requirements under the Murray‑Darling Basin Agreement (a copy of which is set out in Schedule 1 of the Water Act 2007 of the Commonwealth, as in force from time to time) or any resolution of the Ministerial Council under that agreement; and\nPart 3—Amendment of Ground Water (Qualco-Sunlands) Control Act 2000\n4—Amendment of section 3—Interpretation\nSection 3(1), definition of Murray‑Darling Basin Agreement—delete the definition and substitute:\nMurray‑Darling Basin Agreement means the Murray‑Darling Basin Agreement, a copy of which is set out in Schedule 1 of the Water Act 2007 of the Commonwealth, as in force from time to time;\n5—Amendment of section 26—Amendment of salinity credits by Trust\nSection 26(1)—delete \"or from underground water lying above the layer of Blanchetown Clay\"\nPart 4—Amendment of Natural Resources Management Act 2004\n6—Amendment of section 3—Interpretation\n\t(1)\tSection 3(1), definition of Interstate Water Entitlements Transfer Scheme—delete \"under the Agreement approved under the Murray-Darling Basin Act 1993\" and substitute:\nunder the Murray‑Darling Basin Agreement\n\t(2)\tSection 3(1), definition of Murray‑Darling Basin—delete the definition and substitute:\nMurray‑Darling Basin has the same meaning as in the Water Act 2007 of the Commonwealth;\nMurray‑Darling Basin Agreement means the Murray‑Darling Basin Agreement, a copy of which is set out in Schedule 1 of the Water Act 2007 of the Commonwealth, as in force from time to time;\n7—Amendment of section 4—Interaction with other Acts\nSection 4(2)(a)—delete paragraph (a) and substitute:\n\t(a)\tthe Murray‑Darling Basin Agreement;\n8—Amendment of section 87—Promotion of River Murray legislation and IGA\nSection 87(b)—delete paragraph (b) and substitute:\n\t(b)\tbe consistent with—\n\t(i)\tthe terms or requirements of the Murray‑Darling Basin Agreement, and any relevant resolution of the Ministerial Council under that agreement; and\n\t(ii)\tany relevant provisions of the Basin Plan under the Water Act 2007 of the Commonwealth,\n9—Amendment of section 89—Amendment of plans without formal procedures\nSection 89(2)(c)—delete paragraph (c) and substitute:\n\t(c)\tto achieve greater consistency with—\n\t(i)\tthe terms or requirements of the Murray‑Darling Basin Agreement, or any relevant resolution of the Ministerial Council under that agreement; or\n\t(ii)\tthe provisions of the Basin Plan under the Water Act 2007 of the Commonwealth; or\n10—Amendment of section 135—Permits\nSection 135(7)—delete subsection (7) and substitute:\n\t(7)\tThe relevant authority's decision on an application for a permit that relates to an area within the Murray‑Darling Basin must take into account the terms or requirements of the Murray‑Darling Basin Agreement and any resolution of the Ministerial Council under that agreement (insofar as they may be relevant).\n11—Amendment of section 146—Licences\nSection 146(5)—delete subsection (5) and substitute:\n\t(5)\tThe Minister's decision on an application for a licence that relates to a water resource within the Murray‑Darling Basin must take into account the terms or requirements of the Murray‑Darling Basin Agreement and any resolution of the Ministerial Council under that agreement (insofar as they may be relevant).\n12—Amendment of section 152—Basis of decisions as to allocations\nSection 152(1)(d)—delete paragraph (d) and substitute:\n\t(d)\tif the licence relates to a water resource within the Murray‑Darling Basin, be made after taking into account the terms or requirements of the Murray‑Darling Basin Agreement and any resolution of the Ministerial Council under that agreement (insofar as they may be relevant); and\n13—Amendment of section 156—Reduction of water allocations\nSection 156(1)(d)—delete paragraph (d) and substitute:\n\t(d)\tbecause there has been, or is to be, a reduction in the quantity of water available—\n\t(i)\tunder or by virtue of the Groundwater (Border Agreement) Act 1985; or\n\t(ii)\ton account of the operation of the Murray‑Darling Basin Agreement, the operation or effect of a resolution of the Ministerial Council under that agreement, or the operation or effect of the Basin Plan under the Water Act 2007 of the Commonwealth.\n14—Amendment of section 160—Basis of decision as to transfer\nSection 160(1)(c)—delete paragraph (c) and substitute:\n\t(c)\tif the licence relates to a water resource within the Murray‑Darling Basin, must be made after taking into account the terms or requirements of the Murray‑Darling Basin Agreement and any resolution of the Ministerial Council under that agreement (insofar as they may be relevant); and\nPart 5—Further amendment of Natural Resources Management Act 2004\n15—Amendment of section 3—Interpretation\nSection 3(1), definition of Interstate Water Entitlements Transfer Scheme or IWETS, (a)—delete paragraph (a) and substitute:\n\t(a)\ta scheme for the transfer of entitlements between 2 or more States under the Murray‑Darling Basin Agreement; or\n16—Amendment of section 146—Nature of water licences\nSection 146(7)—delete \"Agreement approved under the Murray-Darling Basin Act 1993, and any relevant resolution of the Ministerial Council under that Agreement\" and substitute:\nMurray‑Darling Basin Agreement and any resolution of the Ministerial Council under that agreement\n17—Amendment of section 147—Water licences—applications and matters to be considered\nSection 147(5)—delete subsection (5) and substitute:\n\t(5)\tThe Minister's decision on an application for a water licence that relates to a water resource within the Murray‑Darling Basin must take into account the terms or requirements of the Murray‑Darling Basin Agreement and any resolution of the Ministerial Council under that agreement (insofar as they may be relevant).\n18—Amendment of section 149—Variation of water licences\nSection 149(3)(c)—delete paragraph (c) and substitute:\n\t(c)\tif the licence relates to a water resource within the Murray‑Darling Basin, must be made after taking into account the terms or requirements of the Murray‑Darling Basin Agreement and any resolution of the Ministerial Council under that agreement (insofar as they may be relevant); and\n19—Amendment of section 150—Transfer of water licences\nSection 150(8)(c)—delete paragraph (c) and substitute:\n\t(c)\tif the licence relates to a water resource within the Murray‑Darling Basin, must be made after taking into account the terms or requirements of the Murray‑Darling Basin Agreement and any resolution of the Ministerial Council under that agreement (insofar as they may be relevant); and\n20—Amendment of section 154—Water allocations—matters to be considered\nSection 154(3)—delete subsection (3) and substitute:\n\t(3)\tThe Minister's decision on the grant or issue of a water allocation that relates to a water resource within the Murray‑Darling Basin must take into account the terms or requirements of the Murray‑Darling Basin Agreement and any resolution of the Ministerial Council under that agreement (insofar as may be relevant).\n21—Amendment of section 155—Reduction of water allocation\nSection 155(1)(d)—delete paragraph (d) and substitute:\n\t(d)\tbecause there has been, or is to be, a reduction in the quantity of water available—\n\t(i)\tunder or by virtue of the Groundwater (Border Agreement) Act 1985; or\n\t(ii)\ton account of the operation of the Murray‑Darling Basin Agreement, the operation or effect of a resolution of the Ministerial Council under that agreement, or the operation or effect of the Basin Plan under the Water Act 2007 of the Commonwealth.\n22—Amendment of section 156—Variation of water allocations\nSection 156(3)(c)—delete paragraph (c) and substitute:\n\t(c)\tif the water allocation relates to a water resource within the Murray‑Darling Basin, must be made after taking into account the terms or requirements of the Murray‑Darling Basin Agreement and any resolution of the Ministerial Council under that agreement (insofar as they may be relevant); and\n23—Amendment of section 157—Transfer of water allocations\nSection 157(5)(c)—delete paragraph (c) and substitute:\n\t(c)\tif the water allocation relates to a water resource within the Murray‑Darling Basin, must be made after taking into account the terms or requirements of the Murray‑Darling Basin Agreement, or any relevant resolution of the Ministerial Council under that agreement; and\n24—Amendment of section 159—Water resource works approvals—applications and matters to be considered\nSection 159(5)—delete subsection (5) and substitute:\n\t(5)\tThe Minister's decision on an application for a water resource works approval that relates to a water resource within the Murray‑Darling Basin must take into account the terms or requirements of the Murray‑Darling Basin Agreement and any resolution of the Ministerial Council under that agreement (insofar as they may be relevant).\n25—Amendment of section 161—Variation of approvals\nSection 161(3)(c)—delete paragraph (c) and substitute:\n\t(c)\tif the approval relates to a water resource within the Murray‑Darling Basin, must be made after taking into account the terms or requirements of the Murray‑Darling Basin Agreement and any resolution of the Ministerial Council under that agreement (insofar as they may be relevant); and\n26—Amendment of section 164A—Site use approvals—applications and matters to be considered\nSection 164A(5)—delete subsection (5) and substitute:\n\t(5)\tThe Minister's decision on an application for a site use approval that relates to a water resource within the Murray‑Darling Basin must take into account the terms or requirements of the Murray‑Darling Basin Agreement and any resolution of the Ministerial Council under that agreement (insofar as they may be relevant).\n27—Amendment of section 164C—Variation of approvals\nSection 164C(3)(c)—delete paragraph (c) and substitute:\n\t(c)\tif the approval relates to a water resource within the Murray‑Darling Basin, must be made after taking into account the terms or requirements of the Murray‑Darling Basin Agreement and any resolution of the Ministerial Council under that agreement (insofar as they may be relevant); and\n28—Amendment of section 164G—Delivery capacity entitlements—applications and matters to be considered\nSection 164G(5)—delete subsection (5) and substitute:\n\t(5)\tThe Minister's decision on an application for a delivery capacity entitlement that relates to a water resource within the Murray‑Darling Basin must take into account the terms or requirements of the Murray‑Darling Basin Agreement and any resolution of the Ministerial Council under that agreement (insofar as they may be relevant).\n29—Amendment of section 164J—Variation of delivery capacity entitlements\nSection 164J(3)(c)—delete paragraph (c) and substitute:\n\t(c)\tif the delivery capacity entitlement relates to a water resource within the Murray‑Darling Basin, must be made after taking into account the terms or requirements of the Murray‑Darling Basin Agreement and any resolution of the Ministerial Council under that agreement (insofar as they may be relevant); and\n30—Amendment of section 164K—Transfer of delivery capacity entitlements\nSection 164K(7)(c)—delete paragraph (c) and substitute:\n\t(c)\tif the delivery capacity entitlement relates to a water resource within the Murray‑Darling Basin, must be made after taking into account the terms or requirements of the Murray‑Darling Basin Agreement and any resolution of the Ministerial Council under that agreement (insofar as they may be relevant); and\nPart 6—Amendment of River Murray Act 2003\n31—Amendment of section 3—Interpretation\n\t(1)\tSection 3(1), definition of Murray‑Darling Basin—delete the definition and substitute:\nMurray‑Darling Basin has the same meaning as in the Water Act 2007 of the Commonwealth;\nMurray‑Darling Basin Agreement means the Murray‑Darling Basin Agreement, a copy of which is set out in Schedule 1 of the Water Act 2007 of the Commonwealth, as in force from time to time;\n\t(2)\tSection 3(4)—delete subsection (4)\n32—Amendment of section 5—Interaction with other Acts\nSection 5(2)(l)—delete paragraph (l) and substitute:\n\t(l)\tMurray-Darling Basin Act 2008;\n33—Amendment of section 9—Functions and powers of Minister\n\t(1)\tSection 9(3)—delete subsection (3)\n\t(2)\tSection 9(5)(b)—delete \"or the Murray-Darling Basin Act 1993\"\n\t(3)\tSection 9(5)—after paragraph (c) insert:\n\t\tor\n\t(d)\tfurthering the objects of the Murray-Darling Basin Act 2008 or giving effect to the terms or requirements of the Murray‑Darling Basin Agreement; or\n\t(e)\tfurthering the purposes of the Basin Plan under the Water Act 2007 of the Commonwealth.\n\t(4)\tSection 9(6)(c)—delete paragraph (c) and substitute:\n\t(c)\tcarry out projects in relation to the River Murray (including projects that are relevant to the implementation or operation of the Murray‑Darling Basin Agreement, any resolution of the Ministerial Council under that agreement or the Basin Plan under the Water Act 2007 of the Commonwealth); and\n34—Amendment of section 22—Development of related policies and consideration of activities\n\t(1)\tSection 22(4)(b)—delete paragraph (b) and substitute:\n\t(b)\tin the case of a statutory instrument—take into account—\n\t(i)\tthe terms or requirements of the Murray‑Darling Basin Agreement and any resolution of the Ministerial Council under that agreement (insofar as they may be relevant); and\n\t(ii)\tany relevant provision of the Basin Plan under the Water Act 2007 of the Commonwealth; and\n\t(2)\tSection 22(4)(c)(iv)—delete subparagraph (iv) and substitute:\n\t(iv)\tthe terms or requirements of the Murray‑Darling Basin Agreement and any resolution of the Ministerial Council under that agreement (insofar as they may be relevant); and\nPart 7—Amendment of Waterworks Act 1932\n35—Amendment of section 100—Save the River Murray Fund\nSection 100(5)(b)—delete \"Murray‑Darling Basin Commission\" and substitute:\nMurray‑Darling Basin Authority (established under the Water Act 2007 of the Commonwealth)\nPart 8—Repeal of Murray-Darling Basin Act 1993\n36—Repeal of Murray-Darling Basin Act 1993\nThe Murray-Darling Basin Act 1993 is repealed.\nPart 9—Transitional provisions\n37—References\n\t(1)\tA reference to the Murray‑Darling Basin in any Act will be taken to be a reference to the Murray‑Darling Basin within the meaning of the Water Act 2007 of the Commonwealth.\n\t(2)\tA reference to the Murray‑Darling Basin Commission in any Act will be taken to be a reference to the Murray‑Darling Basin Authority established under the Water Act 2007 of the Commonwealth.\n\t(3)\tHowever, subclause (2) does not apply in any circumstance specified in the regulations.\n\t(4)\tIf the regulations specify any circumstances for the purposes of subclause (3), the regulations may also specify that a reference has effect as if a reference to the Murray‑Darling Basin Commission were a reference as specified in the regulations.\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 Act\nYear\nNo\nTitle\nAssent\nCommencement\n2008\n41\nMurray-Darling Basin Act 2008\n6.11.2008\n15.12.2008 (Gazette 11.12.2008 p5475) except Sch 1 (Pt 5)—1.7.2009 (Gazette 11.6.2009 p2726)\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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":7,"scope_assessment":{"changed":true,"description":"This 2008 Act materially broadened and updated the State’s statutory framework to implement the Commonwealth’s 2007 Water Act and the current Murray‑Darling Basin Agreement. It repealed the 1993 State Act (Sch 1 Pt 8) and replaced state references and decision‑making tests across multiple South Australian Acts so that State licence, allocation and approval decisions must explicitly take into account the Murray‑Darling Basin Agreement and relevant Ministerial Council resolutions and, where relevant, the Basin Plan (see Sch 1 amendments to the Natural Resources Management Act 2004 and Development Act 1993). It also centralised powers in the State Minister to act as the State’s representative and Constructing Authority, to acquire land for works, to authorise entry, and to delegate broadly (ss4–9, 13–18). Those changes move the State’s regulatory and property powers beyond simply recognising an intergovernmental agreement to actively implementing and enforcing Agreement/Basin Plan measures across a wide range of statutory decision‑making areas."},"complexity_factors":["Cross‑reference to Commonwealth Water Act 2007 and Basin Plan (s3; Sch 1) creating external dependencies","Repeal and replacement of earlier Act (repeals Murray‑Darling Basin Act 1993 — Sch 1 Pt 8)","Extensive Schedule with consequential amendments to at least five separate South Australian Acts (Development Act 1993, Ground Water (Qualco‑Sunlands) Control Act 2000, Natural Resources Management Act 2004, River Murray Act 2003, Waterworks Act 1932)","Numerous substituted and amended subsections across many statutory provisions (many mirror insertions requiring decision‑makers to take the Agreement/Basin Plan into account)","Multiple defined terms that import external instruments (Agreement, Authority, works) and rule that words have same meaning as in the Agreement (s3(1)–(2))","Delegation and discretion clauses allowing sub‑delegation and Ministerially‑directed discretion (s18; s20 permitting matters to be determined by Minister)","Conditional entry and acquisition rules with exceptions (7 days notice, but not in emergency or with consent — ss13–14)","Penalties with differing severities and a mix of civil (compensation/appropriation) and criminal sanctions (ss10,16,19)","Transitional provisions changing statutory references and allowing regulations to limit those conversions (Sch 1 Pt 9, cl 37(3)–(4))","Staggered commencement dates for parts of the Act (Commencement s2 and noted commencement of Sch 1 Pt 5)"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Replaces the earlier Murray‑Darling Basin Act 1993 and updates South Australian law so the State gives legal effect to the intergovernmental Murray‑Darling Basin Agreement as set out in the Commonwealth Water Act 2007 (the “Agreement”) and to measures coming from the Basin Plan. (see s3; Sch 1 Pt 8)\n- Authorises the State Minister to represent South Australia in Basin governance, to appoint the State’s member of the Basin Officials Committee, and to determine terms, delegation and termination of that appointment. (ss4–5)\n- Authorises construction, maintenance, operation and control of works connected with the Agreement and the Authority (the Murray‑Darling Basin Authority established under the Commonwealth Water Act). It also authorises the Minister to act as the State’s Constructing Authority under the Agreement. (ss6, 8–9)\n- Gives the Minister power to acquire land (compulsorily or voluntarily) for works or for the Authority’s functions, subject to the Land Acquisition Act 1969; to pay compensation; and to dispose of or lease surplus land. (ss7, 10–11)\n- Authorises written appointment of “authorised persons” to enter and occupy land for Agreement purposes, sets notice requirements (7 days unless emergency or consent), protects residential premises (consent required), and imposes duties to cause minimal harm. There is an offence for obstructing entry (max $5,000). (ss13–14)\n- Exempts works and property used for works from rates, taxes, charges and fees under State Acts or statutory instruments. (s15)\n- Requires State appropriation for money the State must provide under the Agreement. (s16)\n- Requires the Minister to lay before Parliament annual reports received from the Authority and any amendments to the Agreement within 15 sitting days. (s17)\n- Provides broad delegation powers for the Minister (written instrument; revocable; may be sub‑delegated). (s18)\n- Creates a serious criminal offence for damaging works (max $100,000 or 5 years’ imprisonment). (s19)\n- Gives the Governor power to make regulations and allows regulations to leave some matters to Ministerial discretion. (s20)\n- Schedules consequential amendments to several South Australian Acts (Development Act 1993, Natural Resources Management Act 2004, River Murray Act 2003, etc.) so that State decision‑makers must take the terms/requirements of the Murray‑Darling Basin Agreement and relevant Ministerial Council resolutions (and, where relevant, the Basin Plan) into account when making licences, allocations, approvals and related decisions. The 1993 Act is repealed and references to the Basin Commission are updated to the Basin Authority. (Sch 1, many Parts)\n\n**What it is said to achieve (official purpose claim)**\n\n- The Act is framed to facilitate the operation of the Murray‑Darling Basin Agreement between the Commonwealth and Basin States and to co‑ordinate planning and management for the equitable, efficient and sustainable use of water and other Basin natural resources (see the long title and s3 definition of Agreement).\n\n**Testing that claim against costs, incentives and implementation mechanics**\n\n- Who pays: the State must appropriate money required to meet any State funding obligations under the Agreement (s16). Acquisition compensation and payments for works are payable by the Minister/State (s7, s10). Exemption from local rates and charges (s15) reduces local or statutory revenue that otherwise would have been payable on works/property used for Agreement purposes.\n\n- Who decides and where discretion sits: the Minister gains central decision‑making powers — to appoint State members of Basin bodies (ss4–5), to acquire land (s7), to authorise entry (s13–14), to construct works (s6, s8–9), and to delegate broadly (s18). Regulations may expressly leave some matters to Ministerial discretion (s20(2)(b)). Those arrangements concentrate administrative discretion in the Minister and in delegated officers.\n\n- Effects on private parties and businesses: compulsory acquisition and authorised entry (ss7, 13–14) can transfer property or impose temporary occupation on landholders; licences, allocations and approvals under State Acts are required to take account of the Agreement and Basin Plan (Sch 1 amendments to the Natural Resources Management Act 2004 and others), which may constrain or change outcomes for irrigators, developers and water infrastructure operators. Tax/rate exemptions for works (s15) reduce holding costs for works but shift fiscal incidence to other taxpayers or reduce local revenue.\n\n- Compliance burden & transaction costs: decision‑makers under amended State Acts must explicitly consider the Agreement and Basin Plan when assessing licences, allocations, transfers and approvals (Sch 1, many clauses). Certificate/identity requirements for authorised entrants (s13), notice rules (s14), and reporting duties to Parliament (s17) create procedural steps that agencies and landholders must follow.\n\n- Incentives and trade‑offs: the Act facilitates Basin‑wide projects and central coordination (benefit concentrated on those projects and on basin‑scale outcomes). The trade‑off is constrained local discretion and potential for increased administrative regulation. Delegation powers and regulation‑making that can leave matters to Ministerial discretion increase administrative flexibility but also raise implementation risk and the usual concerns about opaque discretion (s18, s20).\n\n- Concentrated benefits and diffuse costs: the legal and financial powers in the Act most directly benefit projects and entities implementing Basin measures (the Authority and Constructing Authorities). Costs—compliance time, possible loss of land or access, and reduced local rates revenue—are dispersed across many landholders, local governments and taxpayers.\n\n- Implementation risks and intergovernmental dependence: many provisions cross‑reference the Commonwealth Water Act 2007, the Murray‑Darling Basin Agreement and the Basin Plan (s3; Sch 1). Effective operation therefore depends on ongoing coordination with Commonwealth instruments and on how the Basin Authority and Ministerial Council exercise powers.\n\n**Key sanctions and limits**\n\n- Obstruction of authorised entry: maximum penalty $5,000 (s14(5)).\n- Destroying/damaging works: maximum penalty $100,000 or 5 years’ imprisonment (s19).\n\n**Why it matters**\n\n- The Act aligns South Australian statutory decision‑making with the Commonwealth Agreement and Basin Plan, centralises certain powers in the State Minister and implements land, construction and regulatory powers needed to deliver basin‑scale water infrastructure and measures. That alignment changes how licences, allocations and approvals are assessed and transfers several legal references from the former Basin Commission to the Commonwealth Authority (Sch 1; s3). For landholders and businesses operating in the Basin those are concrete legal and administrative changes: they alter the tests decision‑makers must apply, give the Minister and delegated officers powers to acquire and access land, and change fiscal incidence for works through tax/rate exemptions (s7, s13–15, Sch 1)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available. The page returned was an error page from the South Australian legislation website, not the content of the Act itself."},"complexity_factors":["No legislative content was retrievable — the source returned a 404 error","Cannot assess actual complexity without the text of the Act","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"The Murray-Darling Basin Act 2008 (SA) is a South Australian statute addressing management of the Murray–Darling river system. Enacted in 2008, it appears linked to the national reform wave following the Commonwealth Water Act 2007.  \n\nIt affects farmers, irrigators, water authorities, environmental managers and river communities in SA by shaping how Basin water resources are governed and used."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating South Australia's participation in the Murray-Darling Basin Agreement and coordinating water resource management. While it repeals the 1993 Act and updates references across multiple statutes, this represents modernisation rather than scope creep. The amendments maintain the core function of enabling intergovernmental water management."},"complexity_factors":["Extensive cross-referencing to external documents: the Murray-Darling Basin Agreement (contained in Commonwealth Water Act 2007), the Basin Plan, and resolutions of the Ministerial Council are incorporated 'as in force from time to time', creating moving targets","Schedule 1 contains 35 separate amendment provisions across 5 different Acts (Development Act 1993, Ground Water Control Act 2000, Natural Resources Management Act 2004, River Murray Act 2003, Waterworks Act 1932), requiring readers to understand multiple legislative schemes simultaneously","Transitional provisions create statutory interpretation rules that override normal rules (e.g., automatic substitution of 'Murray-Darling Basin Commission' with 'Murray-Darling Basin Authority' unless regulations specify otherwise)","Nested conditional logic in appointment provisions (section 4) with multiple overlapping scenarios for acting appointments, vacancies, and irregularities","Multiple 'insofar as they may be relevant' qualifiers throughout amended provisions create discretionary thresholds that are not defined","Dual operation with Commonwealth law (Water Act 2007) creates intergovernmental complexity where state officials must interpret and apply federal instruments"],"plain_english_summary":"This South Australian law helps manage the Murray-Darling Basin, Australia's largest river system that spans multiple states. It puts into action a national agreement between the Commonwealth, NSW, Victoria, Queensland, South Australia and the ACT about how to share and protect water resources fairly and sustainably.\n\n**What it does:**\n- **Updates the framework**: Replaces an old 1993 law with new arrangements that align with the Commonwealth's Water Act 2007\n- **Appoints representatives**: Lets the Minister appoint South Australian public servants to sit on the Basin Officials Committee (the group that coordinates between states)\n- **Powers for infrastructure**: Allows the Minister to build, maintain and operate water works (like dams, weirs and pipelines), acquire land for these purposes, and pay compensation if damage occurs\n- **Land access**: Authorises officials to enter private land (with 7 days notice, except in emergencies) to carry out water management activities, though they can't enter homes without consent\n- **Protects infrastructure**: Makes it a serious offence (up to $100,000 fine or 5 years jail) to damage water works\n\n**Who it affects:**\n- Farmers and irrigators who rely on Murray-Darling water\n- Landholders who may have officials enter their property for water works\n- State government officials coordinating with other states\n- Anyone using water in the Basin, as decisions about water licences and allocations must now consider the Murray-Darling Basin Agreement\n\n**Why it matters:**\nWater is scarce and contentious in the Murray-Darling. This law ensures South Australia meets its obligations under the national agreement, helps prevent states from taking more than their fair share, and protects the health of the river system while allowing agricultural and community use. It also amends five other South Australian laws to ensure they all work consistently with the national framework."}},"importantCases":[],"_links":{"self":"/api/acts/murray-darling-basin-act-2008","history":"/api/acts/murray-darling-basin-act-2008/history","analysis":"/api/acts/murray-darling-basin-act-2008/analysis","conflicts":"/api/acts/murray-darling-basin-act-2008/conflicts","importantCases":"/api/acts/murray-darling-basin-act-2008/important-cases","documents":"/api/acts/murray-darling-basin-act-2008/documents"}}