{"id":"natural-resources-management-mallee-prescribed-wells-area-regulations-2005","name":"Natural Resources Management (Mallee Prescribed Wells Area) Regulations 2005","slug":"natural-resources-management-mallee-prescribed-wells-area-regulations-2005","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236224,"registerId":"sa-natural-resources-management-mallee-prescribed-wells-area-regulations-2005-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Natural Resources Management (Mallee Prescribed Wells Area) Regulations 2005","content":"South Australia\nNatural Resources Management (Mallee Prescribed Wells Area) Regulations 2005\nunder the Natural Resources Management Act 2004\n\nContents\nPreamble\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tDeclaration of prescribed wells\n5\tEstablishment and prescribed periods\n6\tOperation of section 124(4)\nLegislative history\n\n\nPreamble\n1\tA proclamation was made pursuant to section 41 of the Water Resources Act 1976 (the 1976 Act) declaring an area of the State to be the Mallee Proclaimed Region for the purposes of that Act (see Gazette 28.07.1983 p205).\n2\tThe proclamation was varied on 9 January 1986 (see Gazette 09.01.1986 p19).\n3\tSchedule 3, clause 2 of the Water Resources Act 1997 (the 1997 Act) provides that a proclamation under section 41 of the 1976 Act in force immediately before the commencement of the 1997 Act continues in force as if it were a regulation under section 8(1) of the 1997 Act.\n4\tSchedule 4, clause 54(2) of the Natural Resources Management Act 2004 (the current Act) provides that a regulation in force under section 8 of the 1997 Act (including such a regulation in force by virtue of the operation of Schedule 3 of the 1997 Act) will continue in force and effect as if it were a regulation made under section 125 of the current Act.\n5\tIt is now appropriate to make a regulation under section 125 of the current Act declaring a number of wells situated in a part of the State that is adjacent to the Mallee Proclaimed Region to be prescribed wells.\n6\tThe regulations to be made under the current Act will (among other things) have the effect—\n\t(a)\tof varying the area of the Mallee Proclaimed Region; and\n\t(b)\tof re-naming the whole of that area as the Mallee Prescribed Wells Area in keeping with current practices.\n\n1—Short title\nThese regulations may be cited as the Natural Resources Management (Mallee Prescribed Wells Area) Regulations 2005.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations—\nAct means the Natural Resources Management Act 2004;\nMallee Prescribed Wells Area means—\n\t(a)\tthe Mallee Proclaimed Area; and\n\t(b)\tthe New Area;\nMallee Proclaimed Area means the Mallee Proclaimed Region under the proclamations referred to in clauses 1 and 2 of the preamble;\nNew Area means—\n\t(a)\tthe area comprising the Hundreds of Bandon, Wilson, Marmon Jabuk, Vincent and Hooper; and\n\t(b)\tthe area designated as Area A in GRO Plan No 217/2004.\n4—Declaration of prescribed wells\nWells situated in the Mallee 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 area comprising the Hundreds of Bandon, Wilson, Marmon Jabuk, Vincent and Hooper commenced on 1 July 2001 and ended at the commencement of the prescribed period in relation to those Hundreds (11 March 2004).\n\t(2)\tThe establishment period in relation to the area designated as Area A in GRO Plan No 217/2004 commenced on 1 July 2001 and ended at the commencement of the prescribed period in relation to that area (22 July 2004).\n\t(3)\tThe prescribed period in relation to the area comprising the Hundreds referred to in subregulation (1) commenced on 11 March 2004 and will end on the day that coincides with the third anniversary of the commencement of this regulation.\n\t(4)\tThe prescribed period in relation to the area designated as Area A referred to in subregulation (2) commenced on 22 July 2004 and will end on the day that coincides with the third anniversary of the commencement of this regulation.\n6—Operation of section 124(4)\nPursuant to section 124(5) of the Act, the operation of section 124(4) of the Act is not excluded in relation to the prescribed wells declared under regulation 4.\nNote—\nSection 155 of the Act has no purpose in respect of that part of the Mallee Prescribed Wells Area that is in the Mallee Proclaimed Area.\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\n2005\n231\nGazette 27.10.2005 p3833\n27.10.2005: r 2 \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: declaring specific wells in the Mallee region as 'prescribed wells' under the Natural Resources Management Act 2004. The preamble explicitly states this is a technical update to transition from old proclamations under the Water Resources Act 1976 to regulations under the 2004 Act, with minor geographic expansion. The scope has not grown beyond water resource management for this specific region."},"complexity_factors":["Only 6 substantive regulations plus preamble and legislative history","Minimal defined terms (only 4: 'Act', 'Mallee Prescribed Wells Area', 'Mallee Proclaimed Area', 'New Area')","Simple declarative structure — regulation 4 declares wells prescribed, regulations 5 sets dates","Limited cross-referencing — only references to section 124 of the parent Act and historical proclamations","No nested exceptions or conditional logic — straightforward temporal and geographic application","Heavy reliance on external geographic references (Hundreds names and GRO Plan numbers) which require local knowledge but don't add legal complexity"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations create a special water management zone called the **Mallee Prescribed Wells Area** in South Australia. They bring certain water wells under stricter government control to manage how much water can be taken from underground.\n\n**Who it affects:**\n\n- **Landowners and farmers** in the Mallee region (specifically the Hundreds of Bandon, Wilson, Marmon Jabuk, Vincent, Hooper, and Area A in GRO Plan No 217/2004) who have water wells or want to drill new ones\n- **Water users** who rely on groundwater in this area\n\n**Why it matters:**\n\n- **Controls water extraction:** All wells in this area are now \"prescribed wells\" — meaning you generally need a permit or licence to take water from them (the government can control who takes water and how much)\n- **Updates old rules:** This replaces an older system from 1983 with modern terminology and extends the controlled area to include new land\n- **Sets time limits:** The regulations operate in phases — there was an \"establishment period\" (2001–2004) for planning, followed by a \"prescribed period\" (starting 2004) when stricter rules apply. The prescribed period lasts for three years from when these regulations started (October 2005)\n- **Protects water resources:** The rules help prevent over-use of groundwater, which is critical in dry farming areas like the Mallee\n\n**Key changes from the old system:**\n- Renames the \"Mallee Proclaimed Region\" to \"Mallee Prescribed Wells Area\"\n- Expands the controlled area to include additional land parcels\n- Brings the rules under the current *Natural Resources Management Act 2004* instead of older water laws"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulations expand and formalise the geographic scope of regulated wells by converting the historical Mallee Proclaimed Area into the Mallee Prescribed Wells Area and adding the named Hundreds and Area A (preamble; reg 3). They therefore bring additional wells and any wells drilled after commencement within the Act’s prescribed‑well controls (reg 4), impose specified temporal boundaries for those controls (reg 5), and preserve the operation of s 124(4) for those wells (reg 6)."},"complexity_factors":["Cross-references to multiple Acts and provisions (preamble references to the Water Resources Act 1976, Water Resources Act 1997, and Natural Resources Management Act 2004; operational ties to s 124(4) and s 124(5) of the Act).","Dependence on external historical proclamations and continuity rules (preamble clauses 1–4 rely on earlier proclamations and schedules).","Geographical definitions that combine legacy named areas and an external plan (Hundreds of Bandon, Wilson, Marmon Jabuk, Vincent and Hooper, plus Area A in GRO Plan No 217/2004).","Time‑limited regime with staggered establishment and prescribed periods (regs 5(1)–(4) set different commencement and end dates tied to the regulation’s commencement).","A short provision preserving the operation of a specific Act power (reg 6) which concentrates interpretive importance in the parent Act rather than the regulation itself."],"plain_english_summary":"These regulations declare wells in the Mallee Prescribed Wells Area to be “prescribed wells” under the Natural Resources Management Act, by adding named Hundreds and an Area A (GRO Plan No 217/2004) to the former Mallee Proclaimed Area. Affected well owners and operators become subject to the Act’s regulatory regime (reg 4), with the operation of section 124(4) of the Act preserved (reg 6). The instrument also fixes earlier establishment dates and sets prescribed periods that end on the third anniversary of the regulation’s commencement."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not available for review. The title suggests a regulation with a narrow and specific geographic and subject-matter scope (groundwater management in the Mallee Prescribed Wells Area), which is consistent with its apparent original purpose. No evidence of scope change can be confirmed or denied."},"complexity_factors":["Document content was not retrievable — only a 'Page Not Found' error was returned, making substantive analysis impossible","From title alone, the regulation appears geographically and subject-matter specific (a single prescribed area), which typically limits complexity","Regulations of this type tend to be technical but narrowly scoped, typically involving licensing thresholds, extraction limits, and defined boundaries","Complexity score is intentionally low given the near-total absence of analysable content — score would likely increase with access to the full text"],"plain_english_summary":"These regulations designate part of South Australia’s Mallee as a Prescribed Wells Area, bringing groundwater and well activities under special management. They govern who may drill, use or access bores and set conditions and extraction limits to protect shared underground water. The rules primarily affect farmers, irrigators and landowners in the Mallee who rely on or seek to use groundwater."}},"importantCases":[],"_links":{"self":"/api/acts/natural-resources-management-mallee-prescribed-wells-area-regulations-2005","history":"/api/acts/natural-resources-management-mallee-prescribed-wells-area-regulations-2005/history","analysis":"/api/acts/natural-resources-management-mallee-prescribed-wells-area-regulations-2005/analysis","conflicts":"/api/acts/natural-resources-management-mallee-prescribed-wells-area-regulations-2005/conflicts","importantCases":"/api/acts/natural-resources-management-mallee-prescribed-wells-area-regulations-2005/important-cases","documents":"/api/acts/natural-resources-management-mallee-prescribed-wells-area-regulations-2005/documents"}}