{"id":"natural-resources-management-eastern-and-western-mount-lofty-ranges-prescribed-water-resources-exemption-of-certain-existing-users-regulations-2012","name":"Natural Resources Management (Eastern and Western Mount Lofty Ranges—Prescribed Water Resources) (Exemption of Certain Existing Users) Regulations 2012","slug":"natural-resources-management-eastern-and-western-mount-lofty-ranges-prescribed-water-resources-exemp","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236217,"registerId":"sa-natural-resources-management-eastern-and-western-mount-lofty-ranges-prescribed-water-resources-exemption-of-certain-existing-users-regulations-2012-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Natural Resources Management (Eastern and Western Mount Lofty Ranges—Prescribed Water Resources) (Exemption of Certain Existing Users) Regulations 2012","content":"South Australia\nNatural Resources Management (Eastern and Western Mount Lofty Ranges—Prescribed Water Resources) (Exemption of Certain Existing Users) Regulations 2012\nunder the Natural Resources Management Act 2004\n\nContents\n1\tShort title\n2\tCommencement\n3\tApplication and modification of section 164N\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Natural Resources Management (Eastern and Western Mount Lofty Ranges—Prescribed Water Resources) (Exemption of Certain Existing Users) Regulations 2012.\n2—Commencement\nThese regulations will come into operation on 31 January 2013.\n3—Application and modification of section 164N\n\t(1)\tFor the purposes of section 232(1)(b) of the Act, it is declared that section 164N of the Act applies to a secondary existing user with the following variations:\n\t(a)\ta reference in section 164N to an existing user is to be taken to include a reference to a secondary existing user;\n\t(b)\tsection 164N(1)(a) applies as if for \"within 6 months after the publication in the Gazette of the regulation declaring the resource to be a prescribed resource\" there were substituted \"within 6 months after the commencement of the Natural Resources Management (Eastern and Western Mount Lofty Ranges—Prescribed Water Resources) (Exemption of Certain Existing Users) Regulations 2012\";\n\t(c)\tsection 164N(1)(b) applies as if for \"subsection (2)\" there were substituted \"subsections (2) and (2a)\";\n\t(d)\tsection 164N(2) applies as if for \"The water access entitlement\" there were substituted \"Subject to subsection (2a), the water access entitlement\";\n\t(e)\tsection 164N applies as if after subsection (2) there were inserted—\n\t(2a)\tDespite subsection (2), the Minister may, in respect of an application by a secondary existing user, grant 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 (based on subsection (2)(a) or (b) (or both)) of the secondary existing user related 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(f)\tsection 164N(6) applies as if for \"subsection (1) or (2)\" there were substituted \"subsection (1), (2) or (2a)\";\n\t(g)\tthe application of section 164N(11) to a secondary existing user is varied such that the person ceases to be a secondary existing user if he or she does not make the necessary applications under section 164N(1) within 6 months after the commencement of these regulations.\n\t(2)\tFor the purposes of section 232(1)(b) of the Act, it is declared that section 164N of the Act applies to a successor in title treated as a secondary existing user under subregulation (4) (the applicant) with the following variations (in addition to the variations prescribed in subregulation (1)):\n\t(a)\tsection 164N(2)(a) applies as if for \"his or her reasonable requirements\" there were substituted \"the reasonable requirements of the secondary existing user in relation to whom the applicant is successor in title\";\n\t(b)\tsection 164N(2)(b) applies as if for \"he or she\" wherever occurring there were substituted in each case \"the secondary existing user in relation to whom the applicant is successor in title\".\n\t(3)\tIn this regulation—\nAct means the Natural Resources Management Act 2004;\ndesignated area means—\n\t(a)\tthe Eastern Mount Lofty Ranges Water Resources Area within the meaning of the Natural Resources Management (Eastern Mount Lofty Ranges—Prescribed Watercourses and Surface Water Prescribed Area) Regulations 2005;\n\t(b)\tthe Eastern Mount Lofty Ranges Prescribed Wells Area within the meaning of the Natural Resources Management (Eastern Mount Lofty Ranges—Prescribed Wells Area) Regulations 2005;\n\t(c)\tthe Western Mount Lofty Ranges Prescribed Watercourses within the meaning of the Natural Resources Management (Western Mount Lofty Ranges—Prescribed Watercourses) Regulations 2005;\n\t(d)\tthe Western Mount Lofty Ranges Prescribed Wells Area within the meaning of the Natural Resources Management (Western Mount Lofty Ranges—Prescribed Wells Area) Regulations 2005;\n\t(e)\tthe Western Mount Lofty Ranges Surface Water Area within the meaning of the Natural Resources Management (Western Mount Lofty Ranges—Surface Water Prescribed Area) Regulations 2005;\nsecondary existing user means a person—\n\t(a)\twho took water from a water resource in a designated area at any time during the establishment period within the meaning of section 164N(10) of the Act; or\n\t(b)\twho did not take any water during that period but who needs water for a development, project or undertaking to which he or she was legally committed or in respect of which he or she had, in the opinion of the Minister, committed significant financial or other resources during the establishment period,\nbut who did not make the necessary applications for authorisations under section 164N(1) of the Act within the period required under that section (also see subregulation (4)).\n\t(4)\tA person who satisfies the Minister that he or she is a successor in title to—\n\t(a)\tthe land; or\n\t(b)\ta right under a lease; or\n\t(c)\tany other interest in land, being an interest that gave access to the land and allowed water to be taken,\nof a secondary existing user is to be treated as a secondary existing user for the purposes of these 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 regulations\nYear\nNo\nReference\nCommencement\n2012\n258\nGazette 13.12.2012 p5602 \n31.1.2013: r 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"These regulations broaden the reach of s164N by treating missed applicants as “secondary existing users” and by extending eligibility to successors in title, while also allowing the Minister to reduce granted water access entitlements and changing the relevant application deadline to the regulations’ commencement date (see reg 3(1)–(4))."},"complexity_factors":["Direct modification of an existing statutory provision (s164N) rather than standalone rules, requiring cross-reading of both instruments (reg 3(1)).","Introduces and defines a new category, “secondary existing user”, with alternative eligibility bases (use during the establishment period or demonstrated commitments) (reg 3(3); reg 3(1) preamble).","Expands ministerial discretion to grant a lesser water access entitlement on broad and partly open-ended grounds, including a catch-all \"such other ground as the Minister thinks fit\" (reg 3(1)(e) inserted subreg (2a)(c)).","Alters timing rules that trigger application rights by substituting the commencement date of these regulations for the original Gazette-based deadline, affecting who retains entitlement rights (reg 3(1)(b) and (g)).","Treats successors in title as secondary existing users and adjusts how reasonable requirements are assessed for those successors, creating factual inquiry and evidentiary requirements (reg 3(2); reg 3(4)).","Geographic scope is limited to multiple named Mount Lofty Ranges water areas, so application requires checking several prescribed areas (reg 3(3) designated area list).","Interplays with multiple subsections of s164N (subsections (1), (2), (6) and (11)) via substitutions and insertions, producing procedural complexity for applicants and administrators (reg 3(1)(a),(c),(d),(f),(g)).","Permits allocation adjustments tied to land division and historical activities on the land, creating potential need for land-title and activity-history verification (reg 3(1)(e)(a)-(b))."],"plain_english_summary":"These regulations apply and modify section 164N of the Natural Resources Management Act 2004 to treat certain people who missed original water-authority applications as “secondary existing users” in specified Mount Lofty Ranges water areas. They let the Minister accept late applications, treat successors in title as eligible, and permit the Minister to grant a smaller water access entitlement than would otherwise apply."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the title alone, the regulation appears narrowly targeted at its stated purpose — exempting certain existing water users in a defined geographic area. There is no evidence from the available information of scope creep beyond the original intent. However, this cannot be confirmed without access to the full legislative text."},"complexity_factors":["Operates under the complex Natural Resources Management Act 2004 (SA), which has intricate licensing and prescription frameworks","Geographically specific application requiring knowledge of prescribed water resource boundaries in the Mount Lofty Ranges","Likely involves transitional or exemption criteria that must be cross-referenced with the parent Act and existing water allocation plans","Water law in South Australia involves interplay between state legislation, water allocation plans, and Commonwealth water frameworks","The term 'existing users' likely requires factual and evidentiary assessment of prior water use — a potentially contested question","Full text unavailable, meaning actual complexity cannot be fully assessed — score is a conservative estimate based on title and legislative context"],"plain_english_summary":"This regulation appears to protect people who were already taking water from prescribed water resources in the Eastern and Western Mount Lofty Ranges by exempting them from immediate compliance with new requirements under the Natural Resources Management Act 2004. It matters because it likely lets existing users continue current water-taking arrangements or transition without an immediate licence. Note: the full text was unavailable, so qualifying conditions and duration could not be verified."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: providing a limited exemption and extended deadline for specific categories of water users in the Mount Lofty Ranges who missed earlier application deadlines. The scope has not expanded beyond this remedial, transitional function."},"complexity_factors":["Heavy reliance on modifications to an existing Act section (section 164N) rather than standalone provisions — requires cross-referencing to understand full effect","Nested conditional definitions: 'secondary existing user' depends on 'establishment period' (defined in the Act), 'designated area' (defined by reference to 5 separate regulation sets), and failure to meet original deadlines","Multiple layers of variation: subregulation (1) contains 7 separate modifications to section 164N, subregulation (2) adds 2 more for successors in title","Introduces discretionary Ministerial powers with broad grounds ('such other ground as the Minister thinks fit') creating uncertainty in application","Complex succession provisions in subregulation (4) covering land, leases, and 'any other interest in land' with dual requirements (access to land AND ability to take water)","Requires understanding of 5 separate prescribed area regulations to determine geographic scope"],"plain_english_summary":"**What this does:**\n\nThese regulations create a **second chance** for certain water users in South Australia's Mount Lofty Ranges who missed an earlier deadline to secure their water rights.\n\nUnder the main **Natural Resources Management Act 2004**, when an area is declared a \"prescribed water resource\" (meaning the government now regulates water use), existing water users normally have **6 months** to apply for a formal water access entitlement. If they miss this window, they generally lose their rights.\n\nThese regulations help **\"secondary existing users\"** — people who:\n- Used water from the Eastern or Western Mount Lofty Ranges during the relevant period, **OR**\n- Had already invested significant money or made legal commitments to developments needing water during that period,\n\n**BUT** who failed to apply for their entitlements in time.\n\n**Key changes made:**\n\n- **Extends the deadline**: Gives these users a fresh 6-month window from when these regulations start (31 January 2013) to apply for their water rights.\n- **Adds flexibility for the Minister**: Allows the Minister to grant **lesser water entitlements** than what the user might otherwise get, based on:\n  - What activities are actually happening on the land now\n  - Whether the land has been subdivided and the application only covers part of it\n  - Any other reason the Minister considers appropriate\n- **Covers successors**: If someone has bought or inherited land (or lease rights) from a secondary existing user, they can also apply under these rules.\n\n**Who it affects:**\n\n- Landowners and water users in the **Eastern and Western Mount Lofty Ranges** water areas who missed their original deadline to formalise water rights.\n- People who have since acquired property or water rights from those original users.\n\n**Why it matters:**\n\nWithout these regulations, these water users would have been permanently locked out of the formal water licensing system, potentially making their land unusable for agriculture or other purposes. This provides a **limited amnesty** to bring them into the regulated system, while giving the government discretion to adjust entitlements based on current circumstances rather than historical use."},"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/natural-resources-management-eastern-and-western-mount-lofty-ranges-prescribed-water-resources-exemp","history":"/api/acts/natural-resources-management-eastern-and-western-mount-lofty-ranges-prescribed-water-resources-exemp/history","analysis":"/api/acts/natural-resources-management-eastern-and-western-mount-lofty-ranges-prescribed-water-resources-exemp/analysis","conflicts":"/api/acts/natural-resources-management-eastern-and-western-mount-lofty-ranges-prescribed-water-resources-exemp/conflicts","importantCases":"/api/acts/natural-resources-management-eastern-and-western-mount-lofty-ranges-prescribed-water-resources-exemp/important-cases","documents":"/api/acts/natural-resources-management-eastern-and-western-mount-lofty-ranges-prescribed-water-resources-exemp/documents"}}