{"id":"natural-resources-management-western-mount-lofty-ranges-prescribed-watercourses-regulations-2005","name":"Natural Resources Management (Western Mount Lofty Ranges—Prescribed Watercourses) Regulations 2005","slug":"natural-resources-management-western-mount-lofty-ranges-prescribed-watercourses-regulations-2005","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236228,"registerId":"sa-natural-resources-management-western-mount-lofty-ranges-prescribed-watercourses-regulations-2005-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Natural Resources Management (Western Mount Lofty Ranges—Prescribed Watercourses) Regulations 2005","content":"South Australia\nNatural Resources Management (Western Mount Lofty Ranges—Prescribed Watercourses) Regulations 2005\nunder the Natural Resources Management Act 2004\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tDeclaration of prescribed watercourses\n5\tEstablishment and prescribed periods\n6\tOperation of section 124(4)\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Natural Resources Management (Western Mount Lofty Ranges—Prescribed Watercourses) 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;\nWestern Mount Lofty Ranges Prescribed Watercourses means all watercourses within—\n\t(a)\tthe area bounded by the bold red line in GRO Plan No 241/2004; and\n\t(b)\tthe area bounded by the bold red line in GRO Plan No 243/2004.\n4—Declaration of prescribed watercourses\nThe Western Mount Lofty Ranges Prescribed Watercourses are declared to be prescribed watercourses.\n5—Establishment and prescribed periods\n\t(1)\tThe establishment period in relation to the prescribed watercourses declared by regulation 4 commenced on 1 July 2001 and ended at the commencement of the prescribed period (14 October 2004).\n\t(2)\tThe prescribed period in relation to the prescribed watercourses declared by regulation 4 commenced on 14 October 2004 and will end on 31 December 2008.\n6—Operation of section 124(4)\nPursuant to section 124(5) of the Act, the operation of section 124(4) of the Act is excluded in relation to the prescribed watercourses declared under regulation 4.\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\n227\nGazette 20.10.2005 p3791\n20.10.2005: r 2 \n","sortOrder":0}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the title alone, the regulations appear narrowly and specifically targeted at prescribing watercourses in the Western Mount Lofty Ranges — consistent with their stated purpose. There is no available evidence from the text (which could not be retrieved) of scope creep or expansion beyond that original intent."},"complexity_factors":["Regulations operate within a broader NRM Act framework, requiring readers to cross-reference the parent Act to understand full legal effect","Technical geographic scope — identifying exactly which watercourses are 'prescribed' likely requires reading schedules or maps attached to the regulations","Licensing and permit obligations triggered by prescription are set out in separate instruments, not in these regulations alone","The full text was unavailable due to a broken URL, limiting the ability to assess internal complexity, definitions, or exceptions","Water law in South Australia involves interaction between state legislation, regional NRM plans, and Commonwealth water frameworks (e.g., Murray-Darling Basin Plan)"],"plain_english_summary":"The regulations designate specific streams and creeks in the Western Mount Lofty Ranges as \"prescribed\" under the Natural Resources Management Act, meaning taking water, altering flows, or doing works near them generally requires a licence or permit. This affects farmers, irrigators, developers, councils and conservation managers by tightening control over water use to protect Adelaide’s catchments and environmental flows.\n\nNote: the actual regulation text wasn’t retrievable (source returned \"Page Not Found\"); contact OPCWeb@sa.gov.au for the definitive version."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation remains tightly focused on its original purpose: declaring specific watercourses as prescribed and setting the relevant time periods for water licensing. There is no evidence of scope creep — the regulations do exactly what their title suggests and contain no extraneous provisions."},"complexity_factors":["Only 6 substantive regulations plus short title and commencement provisions","Minimal defined terms — only 2 definitions in the interpretation section (\"Act\" and \"Western Mount Lofty Ranges Prescribed Watercourses\")","No nested conditional logic or exceptions to exceptions","Single cross-reference to the parent Act (section 124) with straightforward exclusion","Geographic scope defined by reference to two external maps rather than textual description","Temporal provisions use fixed dates rather than calculated or conditional periods"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations **declare specific waterways in the Western Mount Lofty Ranges (South Australia) as \"prescribed watercourses\"** under the Natural Resources Management Act 2004.\n\n**Who it affects:**\n\n- **Landholders and water users** in the Western Mount Lofty Ranges area (specifically the zones marked on two official government maps: GRO Plan No 241/2004 and GRO Plan No 243/2004)\n- **The regional natural resources management authority** responsible for managing water allocation in this area\n\n**Why it matters:**\n\nWhen watercourses are \"prescribed,\" it triggers special legal controls under the Act:\n\n- **Water use becomes regulated** — you generally need a permit or licence to take water from these watercourses\n- **The government can cap total water extraction** to protect environmental flows and ensure sustainable use\n- **Historical water use is assessed** — the \"establishment period\" (1 July 2001 to 14 October 2004) was when existing water rights were identified and recorded\n- **The \"prescribed period\"** (14 October 2004 to 31 December 2008) was when the full licensing system operated\n\n**One technical exclusion:**\n\nThe regulations also **switch off section 124(4) of the Act** for these watercourses. Normally, this section gives certain rights to existing water users during the establishment period. By excluding it, the regulations removed that particular protection for this specific area — meaning the standard licensing rules applied instead."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations implement a designation and timing chosen under the Act rather than broadening statutory powers. They establish which watercourses are prescribed and when that status applies, and exclude s124(4) for those watercourses (regs 3–6); they do not, on their face, extend the legal scope beyond those specified declarations and periods."},"complexity_factors":["Geographic definition relies on external cadastral/plan references (GRO Plan Nos 241/2004 and 243/2004), requiring users to consult those maps to determine scope (reg 3).","Temporal staging with retrospective establishment and a fixed prescribed period creates date-specific legal effects that must be tracked (reg 5(1)–(2)).","Exclusion of section 124(4) by operation of section 124(5) alters how the Act applies to these watercourses and requires cross-reference to those Act subsections to know what operational effect changes (reg 6).","Primary operative action is declaratory (declares the watercourses prescribed) rather than creating new regulatory prohibitions in the instrument itself, concentrating legal force in the parent Act (reg 4).","Immediate commencement on the day made means no phased implementation in the regulations themselves (reg 2).","Who bears compliance costs: landholders and water users in the mapped area bear any obligations that flow from prescribed status under the Act; the regional authority implements and enforces those obligations (reg 4; reg 5).","Potential administrative clarity risk: reliance on a small number of terse provisions increases dependence on the Act and on external documents (plans and the Act's s124), which raises the practical complexity for affected parties."],"plain_english_summary":"These regulations declare specific watercourses in the Western Mount Lofty Ranges (as shown on GRO Plan Nos 241/2004 and 243/2004) to be \"prescribed watercourses\", set the establishment and prescribed time periods (establishment: 1 July 2001–14 October 2004; prescribed period: 14 October 2004–31 December 2008), and exclude the operation of section 124(4) of the Natural Resources Management Act 2004 for those waterways. They matter to landholders, water users and the regional management authority because statutory regulatory obligations and management powers under the Act attach to those listed watercourses."}},"importantCases":[],"_links":{"self":"/api/acts/natural-resources-management-western-mount-lofty-ranges-prescribed-watercourses-regulations-2005","history":"/api/acts/natural-resources-management-western-mount-lofty-ranges-prescribed-watercourses-regulations-2005/history","analysis":"/api/acts/natural-resources-management-western-mount-lofty-ranges-prescribed-watercourses-regulations-2005/analysis","conflicts":"/api/acts/natural-resources-management-western-mount-lofty-ranges-prescribed-watercourses-regulations-2005/conflicts","importantCases":"/api/acts/natural-resources-management-western-mount-lofty-ranges-prescribed-watercourses-regulations-2005/important-cases","documents":"/api/acts/natural-resources-management-western-mount-lofty-ranges-prescribed-watercourses-regulations-2005/documents"}}