{"id":"natural-resources-management-central-adelaide-prescribed-wells-area-regulations-2007","name":"Natural Resources Management (Central Adelaide—Prescribed Wells Area) Regulations 2007","slug":"natural-resources-management-central-adelaide-prescribed-wells-area-regulations-2007","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236215,"registerId":"sa-natural-resources-management-central-adelaide-prescribed-wells-area-regulations-2007-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Natural Resources Management (Central Adelaide—Prescribed Wells Area) Regulations 2007","content":"South Australia\nNatural Resources Management (Central Adelaide—Prescribed Wells Area) Regulations 2007\nunder the Natural Resources Management Act 2004\n\nContents\n1\tShort title\n3\tInterpretation\n4\tDeclaration of prescribed wells\n5\tEstablishment and prescribed periods\n6\tOperation of section 124(4)\n7\tApplication and modification of section 164N of Act—eligible applicants\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Natural Resources Management (Central Adelaide—Prescribed Wells Area) Regulations 2007.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Natural Resources Management Act 2004;\nCentral Adelaide Prescribed Wells Area means the area delineated in GRO Plan No 327/2005.\n4—Declaration of prescribed wells\nWells situated in the Central Adelaide Prescribed Wells Area and wells drilled in that Area after the commencement of these regulations are declared to be prescribed wells.\n5—Establishment and prescribed periods\n\t(1)\tThe establishment period in relation to the prescribed wells declared by regulation 4 commenced on 1 July 2002 and ended at the commencement of the prescribed period (1 December 2005).\n\t(2)\tThe prescribed period in relation to the prescribed wells declared by regulation 4 commenced on 1 December 2005 and will end on the day that coincides with the third anniversary of the commencement of this regulation.\n6—Operation of section 124(4)\nThe operation of section 124(4) of the Act is not excluded in relation to the prescribed wells declared by regulation 4.\n7—Application and modification of section 164N of Act—eligible applicants\n\t(1)\tSection 164N of the Act applies in relation to the Central Adelaide Prescribed Wells Area as if that section were modified to the following effect:\n164N—Allocation on declaration of prescribed wells in Central Adelaide Prescribed Wells Area\n\t(1)\tAn eligible applicant in relation to water from a prescribed well declared under regulation 4 of the Natural Resources Management (Central Adelaide—Prescribed Wells Area) Regulations 2007—\n\t(a)\tmay, subject to a restriction or prohibition under section 132, if the applicant applies for any necessary water management authorisation (depending on the circumstances of the particular case) within the prescribed CAPWA extended application period, continue to use water without a water management authorisation until the application has been granted or refused; and\n\t(b)\tis, subject to subsection (3), entitled to be granted, without the payment of any purchase price, the necessary water management authorisation, subject to any determination by the Minister under subsections (2) and (2a) after consultation with the applicant.\n\t(2)\tSubject to subsection (2a), the water access entitlement that applies under subsection (1)(b) will be the share of a consumptive pool that will, in the opinion of the Minister, meet any 1 or more of the future requirements of the applicant as follows:\n\t(a)\tthe future requirements based on the reasonable requirements of the applicant during the establishment period;\n\t(b)\tthe future requirements for water for a development, project or other undertaking to which the applicant was legally committed or in respect of which the applicant had committed significant financial or other resources during the establishment period;\n\t(c)\tin the case of a person who is an eligible applicant by virtue of paragraph (b) of the definition of eligible applicant (due to being a successor in title to land or to an interest in land)—the future requirements for water for a development, project or other undertaking to which a predecessor had been legally committed, or in respect of which a predecessor had committed significant financial or other resources, during the establishment period.\n\t(2a)\tDespite subsection (2), the Minister may grant the applicant a lesser water access entitlement than the entitlement that would have been granted under subsection (2) (but for this subsection) on 1 or more of the following grounds:\n\t(a)\ton the ground that the Minister considers it appropriate to grant a lesser entitlement based on the activities conducted at the time of the application on the land to which the application relates;\n\t(b)\ton the ground that the Minister considers it appropriate to grant a lesser entitlement because—\n\t(i)\tthe future requirements of the applicant relate to land that has been divided; and\n\t(ii)\tthe application relates to a portion of that land;\n\t(c)\ton such other ground as the Minister thinks fit.\n\t(3)\tIf, at the expiration of the prescribed CAPWA extended period, the aggregate of water access entitlements—\n\t(a)\tassigned under section 164N(1) and (2) of the unmodified Act, to existing users (within the meaning of section 164N(10) of the unmodified Act) of water in a prescribed well in the CAPWA; and\n\t(b)\tassigned under subsections (1) and (2) of this section, to eligible applicants in relation to the CAPWA,\nexceeds, in the opinion of the Minister, the capacity of the resource, the Minister may reduce each water access entitlement either proportionately or pursuant to a scheme set out in the regulations.\n\t(4)\tBefore determining the capacity of the resource, the Minister must prepare a report assessing the need for water of ecosystems that depend on the resource for water.\n\t(5)\tThe Minister must make the report publicly available.\n\t(6)\tAn eligible applicant in relation to the CAPWA may appeal to the ERD Court against a determination or decision of the Minister under subsection (1), (2) or (2a).\n\t(8)\tIf the quantity of water available for allocation exceeds the aggregate of water access entitlements referred to in subsection (3), the Minister may allocate the excess in accordance with the unmodified Act and the relevant water allocation plan.\n\t(9)\tAn entitlement under subsection (1)(b) will, for the purposes of section 164N(9) of the unmodified Act, be taken to be an entitlement under section 164N(1)(b) of the unmodified Act.\n\t(10)\tIn this section—\nCAPWA means the Central Adelaide Prescribed Wells Area within the meaning of the Natural Resources Management (Central Adelaide—Prescribed Wells Area) Regulations 2007;\neligible applicant, in relation to the CAPWA, means, subject to subsection (11)—\n\t(a)\ta person who would have been an existing user within the meaning of section 164N(10) of the unmodified Act of water in a prescribed well in the CAPWA, but for the operation of section 164N(11) of the unmodified Act;\n\t(b)\ta person who satisfies the Minister that they are a successor in title to land, or to an interest in land, of a person referred to in paragraph (a) (being the land, or the interest in land, giving rise to the rights of an existing user),\nbut does not include a person whose application for the necessary water management authorisation in the CAPWA (whether or not under the unmodified Act) has been refused;\nestablishment period has the same meaning as in section 164N of the unmodified Act;\nprescribed CAPWA extended application period means—\n\t(a)\tthe period of 6 months commencing on the commencement of regulation 4 of the Natural Resources Management (Central Adelaide—Prescribed Wells Area) Variation Regulations 2017; or\n\t(b)\tif the Minister determines that exceptional circumstances exist in a particular case that justify a longer period—such longer period as the Minister may determine;\nunmodified Act means the Natural Resources Management Act 2004 without the modifications to section 164N referred to in regulation 4 of the Natural Resources Management (Central Adelaide—Prescribed Wells Area) Variation Regulations 2017.\n\t(11)\tA person ceases to be an eligible applicant in relation to the CAPWA if the person does not make the necessary applications under subsection (1) before the expiration of the prescribed CAPWA extended application period.\n\t(2)\tWhere a provision of section 164N of the Act (without the modifications under subregulation (1)) is inconsistent with section 164N of the Act as modified under subregulation (1), the latter prevails to the extent of the inconsistency.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2007\n164\nGazette 7.6.2007 p2573\n7.6.2007:  r 2 \n2007\n198\nGazette 5.7.2007 p2989\n5.7.2007: r 2\n2017\n206\nGazette 1.8.2017 p3042\n1.12.2017: 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\nr 2\nomitted under Legislation Revision and Publication Act 2002\n5.7.2007\nr 3\n\n\nCentral Adelaide Prescribed Wells Area\nvaried by 198/2007 r 4\n5.7.2007\nr 7\ninserted by 206/2017 r 4\n1.12.2017\nHistorical versions\n5.7.2007\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not available due to a website error. No comparison between original intent and current provisions is possible."},"complexity_factors":["No legislative text was retrievable — the source page returned a 404 error, so no substantive analysis is possible","The title suggests geographic and technical specificity (prescribed wells areas, groundwater management) which can involve moderate regulatory complexity","Complexity score is kept low because the actual instrument cannot be assessed — a score cannot fairly reflect unknown content","Regulations of this type under the Natural Resources Management Act 2004 (SA) typically involve defined zones, licence conditions, and extraction limits, which add some technical complexity"],"plain_english_summary":"These 2007 South Australian regulations set rules for groundwater management in a Prescribed Wells Area of Central Adelaide, governing bore drilling, operation, extraction and licensing to protect underground water supplies. They matter to property owners, developers, businesses and contractors whose work involves groundwater in Central Adelaide. Note: the full regulation text could not be retrieved here — check legislation.sa.gov.au or contact OPCWeb@sa.gov.au for the current instrument."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations alter the unmodified operation of section 164N for the Central Adelaide area by (a) declaring the area’s wells prescribed, (b) allowing eligible users to continue use while applying, and (c) entitling eligible applicants to be granted necessary water access entitlements without payment of a purchase price subject to Ministerial determination and reduction powers. These localised modifications change the allocation mechanics and decision-making discretion that would apply under the unmodified Act."},"complexity_factors":["Modifies a primary Act provision (section 164N) for a specific geographic area rather than applying the Act uniformly","Grants the Minister broad discretion to set or reduce water access entitlements (subregulation (1) as modified; subsection (2a))","Includes a mechanism to reduce aggregate entitlements proportionately or by a regulatory scheme if capacity is exceeded (subregulation (3))","Temporal and contingent rules: defined establishment and prescribed periods, and an extendable prescribed CAPWA extended application period","Eligibility rules tie rights to historical use and successors in title, with disqualification if prior applications were refused","Requires the Minister to prepare and publish an ecosystem water-needs report before determining resource capacity (subregulation (4)–(5))","Appeal route to the ERD Court for eligible applicants against Ministerial determinations (subregulation (6))","Interaction rule specifying that the modified version of section 164N prevails to the extent of inconsistency with the unmodified Act (subregulation (2))"],"plain_english_summary":"These regulations declare wells in the Central Adelaide Prescribed Wells Area as prescribed wells, set the establishment and prescribed periods, and modify how water access entitlements are allocated there. Owners, existing users, successors and applicants for water management authorisations in that area are affected. Eligible applicants can keep using water while applying, may be granted necessary entitlements without paying a purchase price, and can appeal Ministerial decisions to the ERD Court. The Minister can reduce entitlements and must assess ecosystem water needs before determining capacity."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2007 regulations were relatively simple machinery provisions declaring the prescribed area and setting time periods. However, the 2017 variation (reflected in regulation 7) dramatically expanded the scope by inserting an entirely new modified version of section 164N. This transformed the regulations from simple declaratory rules into a comprehensive water allocation scheme with substantive rights, appeal mechanisms, Ministerial discretions, and complex eligibility tests. The regulations now function as a standalone water allocation code for Central Adelaide, effectively duplicating and overriding the parent Act's general scheme for this specific area."},"complexity_factors":["Heavy modification of primary legislation: Section 164N of the parent Act is extensively rewritten rather than simply applied","Nested definitions and cross-references: Terms like 'eligible applicant', 'establishment period', and 'prescribed CAPWA extended application period' are defined within the modified section and reference other modified definitions","Temporal complexity: Multiple overlapping time periods (establishment period 2002–2005, prescribed period from 2005, extended application period from 2017, 3-year sunset clause in original regulation 5(2))","Conditional logic with exceptions: Subsection 164N(2a) allows Minister to grant 'lesser entitlements' on multiple discretionary grounds, creating exceptions to the general rule in subsection (2)","Successor-in-title provisions: Complex rules for people who acquired land from original users, including commitments made by predecessors","Resource capacity balancing mechanism: Subsection (3) requires proportional reduction of entitlements if aggregate exceeds capacity, with Minister discretion on method","Inconsistency rule: Subregulation 7(2) establishes hierarchy between modified and unmodified versions of the same section","Multiple statutory instruments referenced: Original 2007 regulations, 2017 variation regulations, and the parent Act all interact"],"plain_english_summary":"This is a South Australian regulation that creates special rules for managing groundwater (water from underground) in the Central Adelaide area.\n\n**What it does:**\n- **Declares a 'prescribed wells area'** — a specific zone around Central Adelaide where government controls over water use apply more strictly.\n- **Sets up time periods** for when water users could establish their rights (2002–2005) and when ongoing rules apply (from December 2005).\n- **Creates a pathway for 'eligible applicants'** — mostly people who were already using water from wells in the area before stricter rules came in — to get official water rights without paying for them.\n\n**Who it affects:**\n- Landowners and water users in the Central Adelaide Prescribed Wells Area who were using groundwater before 2005.\n- People who inherited or bought land from those original users.\n- The Minister for Environment, who decides how much water each person gets.\n\n**Key features:**\n- **Grandfathering rights:** People already using water can apply for formal water licences without paying, based on their historical use or planned developments.\n- **Ministerial discretion:** The Minister can reduce water allocations if there's not enough water to go around, or if land has been subdivided.\n- **Environmental protection:** Before deciding how much water is available, the Minister must assess what water ecosystems need and publish a report.\n- **Appeal rights:** People can appeal to the Environment, Resources and Development (ERD) Court if they disagree with the Minister's decisions.\n\n**Why it matters:**\nThis regulation protects existing water users in Adelaide's suburbs from suddenly losing access to groundwater when the area became strictly regulated. It balances historical water use with sustainable management, ensuring people who invested in water-dependent projects aren't unfairly disadvantaged while protecting the underground water resource."}},"importantCases":[],"_links":{"self":"/api/acts/natural-resources-management-central-adelaide-prescribed-wells-area-regulations-2007","history":"/api/acts/natural-resources-management-central-adelaide-prescribed-wells-area-regulations-2007/history","analysis":"/api/acts/natural-resources-management-central-adelaide-prescribed-wells-area-regulations-2007/analysis","conflicts":"/api/acts/natural-resources-management-central-adelaide-prescribed-wells-area-regulations-2007/conflicts","importantCases":"/api/acts/natural-resources-management-central-adelaide-prescribed-wells-area-regulations-2007/important-cases","documents":"/api/acts/natural-resources-management-central-adelaide-prescribed-wells-area-regulations-2007/documents"}}