{"id":"south-eastern-water-conservation-and-drainage-act-1992","name":"South Eastern Water Conservation and Drainage Act 1992","slug":"south-eastern-water-conservation-and-drainage-act-1992","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110171,"registerId":"sa-south-eastern-water-conservation-and-drainage-act-1992-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"South Eastern Water Conservation and Drainage Act 1992","content":"South Australia\nSouth Eastern Water Conservation and Drainage Act 1992\nAn Act to provide for the conservation and management of water and the prevention of flooding of rural land in the South East of the State; and for other related purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tMinister may direct vesting of works\n5\tInteraction of this Act with other Acts\n6\tPower of Minister to delegate\n7\tObjects of this Act\n7A\tObjects of River Murray Act 2003\nPart 2—Administration\nDivision 1—The South Eastern Water Conservation and Drainage Board\n8\tEstablishment of the Board\n9\tMembership of the Board\n10\tBoard elections\n11\tEntitlement to vote at Board elections\n12\tPresiding member and deputies\n13\tTerm of office of Board members\n14\tAllowances\n15\tProcedure at meetings\n16\tConflict of interest under Public Sector (Honesty and Accountability) Act\nDivision 2—Functions and general powers of Board\n17\tFunctions of Board\n18\tManagement plan\n19\tGeneral powers of the Board\n20\tBoard subject to control of Minister\n21\tPower of Board to delegate\n22\tStaff\n23\tAccounts and audit\n24\tAnnual report\nDivision 3—Functions and duties of the Council\n25\tFunctions of the Council\n26\tCouncil subject to control of Minister\n27\tCouncil to keep a separate fund\n28\tPower of Council to delegate\nDivision 4—Advisory committees\n31\tAdvisory committees\n32\tTerms and conditions of office\n33\tProcedure for advisory committees\nPart 3—Water management works\nDivision 1—Board and Council water management works\n34\tBoard water management works\n35\tCouncil water management works\n36\tDischarge of stormwater into Council water management works\n37\tWater in water management works is property of Crown\n38\tFurther powers of Board and Council\n39\tPower to require landholders to contribute to cost of works\n40\tFencing of water management works and drainage reserves\nDivision 2—Private water management works\n41\tWater management works not to be constructed, altered or removed without a licence\n42\tCertain bridges and culverts not to be constructed without a licence\n43\tGrant of licences\n44\tPower of authority to direct certain work be carried out\nDivision 3—Offences\n45\tWater not to be taken from Board or Council water management works\n46\tBoard and Council water management works not to be interfered with\n47\tPermission may be conditional\nDivision 4—Appeals\n48\tRights of appeal\n49\tDecision or requirement may be suspended pending appeal\nPart 4—Miscellaneous\n50\tPower to waive or defer payments\n51\tAppointment of authorised officers\n52\tPowers of authorised officers\n53\tHindering etc persons engaged in the administration of this Act\n54\tProceedings for offences\n55\tOffences by body corporate\n56\tGeneral defence\n57\tEvidentiary\n59\tRegulations\nSchedule 1—Land comprising the South East\nSchedule 2—Land excluded from the area of the Council\nSchedule 3—Central Electoral Zone\nSchedule 4—Northern Electoral Zone\nSchedule 5—Southern Electoral Zone\nSchedule 6—Transitional provisions\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the South Eastern Water Conservation and Drainage Act 1992.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nauthorised officer means a person appointed by the Board or the Council as an authorised officer under this Act;\nthe Board means the South Eastern Water Conservation and Drainage Board (see Part 2);\nthe Board's area means that part of the South East that does not fall within the Council's area;\nthe Central Electoral Zone means that part of the South East defined as the Central Electoral Zone in Schedule 3, as modified by regulation consequent upon any alteration of the area comprising the South East by regulation;\nthe Council means the District Council of Millicent;\nthe Council's area means the area of the Council under the Local Government Act 1934, but excluding the land described in Schedule 2;\ndrain does not include a drain within a township;\ndrainage hole means an artificial or natural hole capable of allowing surface water to drain into the underground water system;\ndrainage reserve means any Crown lands that are dedicated, reserved or set aside for drainage purposes;\nthe Eight Mile Creek area means the Hundreds of Caroline and MacDonnell;\neligible landholder, in relation to an electoral zone or the area served by an advisory committee, means a person who is a landholder of more than 10 hectares of land within that electoral zone or that area, as the case may require;\nlake means a natural lake and includes a natural lagoon, swamp, marsh or spring;\nlandholder means—\n\t(a)\tan owner or occupier of land in the South East; and\n\t(b)\tin relation to eligibility for membership of the Board, includes a director of a company that is an owner or occupier of land in the South East;\nthe Northern Electoral Zone means that part of the South East defined as the Northern Electoral Zone in Schedule 4, as modified by regulation consequent upon any alteration of the area comprising the South East by regulation;\nowner of land means—\n\t(a)\tin relation to land alienated from the Crown by grant in fee simple—the holder of the fee simple;\n\t(b)\tin relation to land held under Crown lease or licence—the lessee or licensee;\n\t(c)\tin relation to land held under an agreement to purchase from the Crown—the person entitled to the benefit of the agreement;\nthe relevant authority in relation to the South East means the Board or the Council, as the case may require;\nthe repealed Act means the South-Eastern Drainage Act 1931;\nRiver Murray Protection Area means a River Murray Protection Area under the River Murray Act 2003;\nthe South East means that part of the State described in Schedule 1 including any land added to the South East by the regulations but excluding any land excluded from the South East by the regulations;\nthe Southern Electoral Zone means that part of the South East defined as the Southern Electoral Zone in Schedule 5, as modified by regulation consequent upon any alteration of the area comprising the South East by regulation;\nsurface water means water that collects on or flows onto or from the surface of land, and includes the water in any water management works, lake or watercourse;\nthe Upper South East means that part of the South East that comprises the Northern Electoral Zone;\nwatercourse means a river, creek or other natural watercourse;\nwater management works means—\n\t(a)\tany drain, artificial drainage hole, dam, bank or other device or works constructed or used for the purposes of conserving, draining or altering the flow of surface water from or onto land or utilising any such water, including any ancillary access road, bridge or culvert or other ancillary works; and\n\t(b)\tany works constructed for the purpose of lowering water table levels.\n4—Minister may direct vesting of works\n\t(1)\tThe Minister may, by notice in the Gazette—\n\t(a)\tdirect that any specified private water management works vest in the relevant authority for the area in which the works are situated; or\n\t(b)\tdirect that any specified Board or Council water management works vest in some other specified person or authority.\n\t(2)\tThe Minister may, by notice in the Gazette, vary or revoke a notice under subsection (1).\n\t(3)\tThe Minister cannot issue a notice under this section except at the request of, or with the approval of, all persons and authorities (other than the Board) in whom the works the subject of the notice are vested or are to be vested.\n\t(4)\tWhere the water management works are vested or are to be vested in the Board, the Minister must consult with the Board before issuing a notice under subsection (1).\n5—Interaction of this Act with other Acts\n\t(1)\tSubject to this Act, this Act is in addition to and does not derogate from the operation of any other Act and the Board and the Council must, in exercising powers under this Act, comply with the provisions of relevant Acts.\n\t(2)\tSubject to subsections (3) and (5), this Act does not apply in relation to any area that is within the Project Area under the Upper South East Dryland Salinity and Flood Management Act 2002.\n\t(3)\tThe Minister to whom the administration of the Upper South East Dryland Salinity and Flood Management Act 2002 is committed may—\n\t(a)\tenter into agreements or other arrangements with the Board or the Council to undertake, co-ordinate or advance activities, works or other initiatives that are relevant to the operation of that Act and this Act; and\n\t(b)\tdelegate any power or function of the Minister under that Act to the Board or to the Council.\n\t(4)\tA power or function delegated under subsection (3)(b) may, if the instrument of delegation so provides, be further delegated.\n\t(5)\tThe Governor may, by regulation, declare that a provision of this Act, with or without modification, will extend in its operation to an area or areas within the Project Area under the Upper South East Dryland Salinity and Flood Management Act 2002 (and any such regulation will have effect according to its terms).\n6—Power of Minister to delegate\n\t(1)\tThe Minister may delegate any of his or her powers under this Act (except for this Part and Part 2) to the Board.\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)\tis revocable by the Minister at will; and\n\t(d)\tdoes not derogate from the power of the Minister to act in any matter.\n7—Objects of this Act\n\t(1)\tThe objects of this Act are—\n\t(a)\tthe prevention or minimisation of damage to agricultural production and the natural environment caused by flooding within the South East; and\n\t(b)\tthe improvement of the soil quality and the productiveness generally of rural lands in the South East; and\n\t(c)\tthe enhancement or development of natural wetlands and the natural environment generally in the South East.\n\t(2)\tThe Minister, the Board, the Council and all other bodies or persons involved in the administration of this Act must, in carrying out that administration, act consistently with and seek to further the objects of this Act.\n7A—Objects of River Murray Act 2003\nThe Minister, the Board, the Council and all other bodies and persons involved in the administration of this Act must, if or when taking any action under this Act within, or in relation to, any part of the Murray-Darling Basin within the meaning of the Murray-Darling Basin Act 1993, act consistently with and seek to further—\n\t(a)\tthe objects of the River Murray Act 2003; and\n\t(b)\tthe Objectives for a Healthy River Murray under that Act,\n(insofar as they may be relevant).\nPart 2—Administration\nDivision 1—The South Eastern Water Conservation and Drainage Board\n8—Establishment of the Board\n\t(1)\tThe Board under the repealed Act continues in existence under the name South Eastern Water Conservation and Drainage Board.\n\t(2)\tThe Board—\n\t(a)\tis a body corporate with full juristic capacity to exercise any powers that are by their nature capable of being exercised by a body corporate; and\n\t(b)\tholds its property on behalf of the Crown.\n\t(3)\tWhere an apparently genuine document purports to bear the common seal of the Board, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of the Board was duly affixed to that document.\n9—Membership of the Board\nThe Board will consist of eight members as follows:\n\t(a)\tfour members will be persons appointed by the Governor on the nomination of the Minister, being persons who have, in the opinion of the Minister, knowledge or experience appropriate to the administration of this Act and at least one of whom has knowledge or experience in the field of environmental management; and\n\t(b)\tone member will be a person appointed by the Governor on the nomination of the Local Government Association of South Australia; and\n\t(c)\tthree members will be persons elected to office as follows:\n\t(i)\tone, being an eligible landholder in the Northern Electoral Zone, will be elected to office by the voters for that zone; and\n\t(ii)\tone, being an eligible landholder in the Central Electoral Zone, will be elected to office by the voters for that zone; and\n\t(iii)\tone, being an eligible landholder in the Southern Electoral Zone, will be elected to office by the voters for that zone.\n10—Board elections\n\t(1)\tElections of Board members will be conducted by the Electoral Commissioner in accordance with rules prepared by the Commissioner and approved by the Minister.\n\t(2)\tWhere it is proposed to hold an election under this section—\n\t(a)\tif there is only one candidate for election, the Electoral Commissioner may declare that candidate duly elected without a vote being taken;\n\t(b)\tif there are no candidates for election, the Governor may appoint an eligible landholder from the relevant electoral zone to the vacant office,\nand, in either case, the person will be taken to have been duly elected to the Board in accordance with this Act.\n\t(3)\tWhere elections for more than one electoral zone are to be held at the same time, a person cannot be a candidate for more than one zone.\n11—Entitlement to vote at Board elections\n\t(1)\tThe voters roll for the purposes of an election to fill a vacancy on the Board will be prepared by the Board with the assistance of the Valuer-General.\n\t(2)\tThe following persons are entitled to be enrolled on the voters roll for an electoral zone:\n\t(a)\ta natural person who is the sole owner or occupier of more than 10 hectares of land in the zone;\n\t(b)\ta body corporate that is the sole owner or occupier of more than 10 hectares of land in the zone;\n\t(c)\ta group of persons (consisting of natural persons, bodies corporate or partly natural persons and partly bodies corporate)—\n\t(i)\twho are joint owners, owners in common or joint occupiers of more than 10 hectares of land in the zone; and\n\t(ii)\tat least one of whom is not enrolled on the roll for the zone under paragraph (a) or (b).\n\t(3)\tA body corporate or a group that is entitled to be enrolled on a voters roll in pursuance of subsection (2) may, by notice in writing (in the prescribed form and containing the prescribed declarations) lodged with the Board—\n\t(a)\tnominate a natural person to act as an elector on its behalf; or\n\t(b)\tcancel any such nomination previously made and make a fresh nomination in its place.\n\t(4)\tA person may not be nominated as the nominated agent of a body corporate or a group under subsection (3) unless that person—\n\t(a)\tin the case of a nomination made by a body corporate—is a director, manager or other employee of the body corporate;\n\t(b)\tin the case of a nomination by a group—is a member of the group or a director, manager or other employee of a body corporate that is a member of the group.\n\t(5)\tA nomination in force under this section must be recorded by the Board in the voters roll alongside the name of the body corporate or group by which the nomination was made.\n\t(6)\tA person whose name is recorded in the voters roll as a nominated agent will be regarded as having been enrolled as an elector.\n\t(7)\tThe validity of a voters roll is not affected by a misdescription or any other error in the roll.\n\t(8)\tThe following persons are entitled to vote at an election for an electoral zone:\n\t(a)\ta natural person whose name appears on the electoral roll as an elector for the zone; and\n\t(b)\tin the case of a group of natural persons that is on the electoral roll as an elector for the zone but in respect of which no nomination under subsection (3) is in force—the member of the group whose name is listed first on the electoral roll,\n(the electoral roll referred to in this subsection being the electoral roll as in force on the day on which nominations for the election open).\n\t(8a)\tA person who is entitled to vote at an election as a member of a group pursuant to subsection (8)(b) will, for the purposes of subsections (9) and (10), be taken to be the nominated agent for that group.\n\t(9)\tWhere an elector's name appears in the voters roll used for an election both as an elector in his or her own right and as a nominated agent, the elector is entitled to vote at the election both in his or her own right and as a nominated agent.\n\t(10)\tWhere an elector's name appears in the voters roll used for an election as a nominated agent under a number of separate nominations, the elector is entitled to vote at the election in respect of each of those nominations.\n\t(11)\tThe voters roll to be used for an election must be made available for inspection by members of the public at the Board's principal office.\n\t(12)\tA voters roll is conclusive evidence of the entitlement of any person whose name appears in the roll to vote at an election at which the roll is used.\n\t(13)\tA person whose name has been omitted in error from a voters roll used for an election is entitled to vote at the election as if the error had not occurred.\n12—Presiding member and deputies\n\t(1)\tThe Governor will appoint one of the members of the Board to be the presiding member of the Board and one other member to be the deputy presiding member of the Board.\n\t(2)\tAn appointment cannot be made under subsection (1) unless the Minister has first consulted with and considered any recommendations of the Board in the matter.\n\t(3)\tThe Governor may appoint a suitable person to be the deputy of any member of the Board (other than the presiding member).\n\t(4)\tA person appointed under subsection (3) as the deputy of a member may, in the absence of the member, act as a member of the Board.\n13—Term of office of Board members\n\t(1)\tAn appointed member of the Board will be appointed for a term not exceeding 4 years.\n\t(1a)\tAn elected member of the Board will be elected for a term of 4 years.\n\t(1b)\tA member of the Board is, on the expiration of a term of office, eligible for reappointment or re-election (unless he or she no longer satisfies the eligibility requirements for appointment or election to the Board).\n\t(2)\tThe Governor may remove a member of the Board from office—\n\t(a)\tfor misconduct; or\n\t(b)\tfor neglect of duty; or\n\t(c)\tfor incompetence; or\n\t(d)\tfor mental or physical incapacity to carry out satisfactorily the duties of office.\n\t(3)\tThe office of a member of the Board becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office; or\n\t(c)\tresigns by notice in writing addressed to the Minister; or\n\t(d)\tis removed from office by the Governor under subsection (2).\n\t(5)\tSubject to subsection (6), on the office of an elected member becoming vacant otherwise than on expiration of a term of office, a person must be elected in accordance with this Act to the vacant office for the balance of the unexpired term.\n\t(6)\tOn the office of an elected member becoming vacant not more than 12 months prior to the expiry of the term of office, the Governor may appoint a suitable person to the vacant office for the balance of the unexpired term.\n\t(7)\tA person is not eligible to be appointed under subsection (6) to the vacant office of an elected member unless he or she is an eligible landholder within the same electoral zone as that of the former member.\n14—Allowances\nA member of the Board is entitled to such allowances and expenses as the Governor may determine.\n15—Procedure at meetings\n\t(1)\tA meeting of the Board will be chaired by the presiding member or, in his or her absence, by the deputy presiding member, and, in the absence of both the presiding member and the deputy presiding member, the members present at a meeting of the Board must choose one of their number to preside at the meeting.\n\t(2)\tFive members of the Board, of whom at least one is an elected member, constitute a quorum of the Board and no business may be transacted at a meeting of the Board unless a quorum is present.\n\t(3)\tSubject to subsection (2), the Board may act notwithstanding vacancies in its membership.\n\t(4)\tEach member present at a meeting of the Board is (subject to section 16) entitled to one vote on a matter arising for decision at the meeting, but the person presiding at the meeting has, in the event of an equality of votes, a casting vote as well as a deliberative vote.\n\t(5)\tA decision carried by a majority of the votes cast by the members present and voting at a meeting is a decision of the Board.\n\t(6)\tThe Board must cause accurate minutes to be kept of its proceedings at meetings.\n\t(7)\tThe procedure for the calling of meetings of the Board and for the conduct of business at meetings will, subject to this Act, be determined by the Board.\n16—Conflict of interest under Public Sector (Honesty and Accountability) Act\nA member of the Board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with those who are landholders in a particular electoral zone, or a substantial section of those who are landholders in a particular electoral zone.\nDivision 2—Functions and general powers of Board\n17—Functions of Board\n\t(1)\tThe functions of the Board are—\n\t(a)\tto provide an effective and efficient system for managing the surface water of the non-urban lands in the South East, by conserving, draining, altering the flow of or utilising that water in any manner;\n\t(b)\tto carry out works for the purpose of lowering the level of the water table of lands in the South East;\n\t(c)\tto undertake, assist or promote research in the fields of water conservation, drainage and management;\n\t(d)\tto give advice and assistance to others in the fields of water conservation, drainage and management.\n\t(2)\tIn performing its functions under this Act the Board must—\n\t(a)\tconsult with the relevant authorities under all Acts dealing with protection of the environment, soil conservation or management or protection of water resources, and act in conformity with the policies established under those Acts;\n\t(b)\tencourage and promote active community involvement in water conservation and management matters;\n\t(c)\tseek to administer this Act on the basis of negotiation with landholders and all other relevant persons or authorities.\n\t(3)\tWithout limiting subsection (2), the Board must ensure that its activities are consistent with any regional landscape plan or water allocation plan under the Landscape South Australia Act 2019 that applies within the South East.\n18—Management plan\n\t(1)\tThe Board must, within a year of the commencement of this Act, develop a management plan detailing the action that is to be taken by the Board and the Council in the administration of this Act over the ensuing three years.\n\t(2)\tThe Board must review and update its management plan annually and may make such modifications or additions to the plan as it thinks necessary or desirable.\n\t(3)\tThe Board must consult with the Council in developing or reviewing its management plan insofar as the plan affects the Council's area.\n\t(3a)\tThe Board must consult with the Minister to whom the administration of the River Murray Act 2003 is committed in reviewing its management plan insofar as the plan affects the River Murray within the meaning of that Act.\n\t(4)\tThe Board must give the community within the South East a reasonable opportunity to inspect and comment on its management plan as it is developed or reviewed, and must give due consideration to any submissions that may be made.\n\t(5)\tThe Board must submit its initial management plan and any subsequent modifications or additions to the plan to the Minister for approval.\n\t(6)\tThe Minister may, before giving his or her approval, direct the Board to make any alteration to the management plan that the Minister thinks appropriate and the Board must comply with any such direction.\n19—General powers of the Board\nFor the purpose, or in the course, of performing its functions, the Board may—\n\t(a)\tenter into a contract, agreement or arrangement of any kind (whether with landholders or any other person or authority);\n\t(b)\tacquire (whether by agreement or pursuant to the Land Acquisition Act 1969), hold, deal with or dispose of real or personal property or any interest in real or personal property;\n\t(c)\tseek expert or technical advice on any matter from any person on such terms and conditions as the Board thinks fit;\n\t(d)\tborrow or lend money;\n\t(e)\texercise any other power that is necessary for, or incidental to, the performance of its functions.\n20—Board subject to control of Minister\nThe Board is subject to control and direction by the Minister in the exercise of its powers and functions under this Act.\n21—Power of Board to delegate\n\t(1)\tThe Board may delegate any of its powers or functions (including a power delegated by the Minister) to a member or employee of the Board or a committee established under this Act.\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)\tis revocable by the Board at will; and\n\t(d)\tdoes not derogate from the power of the Board to act in any matter.\n22—Staff\n\t(1)\tThe staff of the Board is comprised of—\n\t(a)\tsuch Public Service employees as are assigned to assist the Board; and\n\t(b)\tsuch other persons as the Board may employ for the purposes of the administration of this Act.\n\t(2)\tA person employed under subsection (1)(b) is not a Public Service employee.\n\t(3)\tThe Board may, with the approval of the appropriate Minister, make use of Government facilities or equipment.\n23—Accounts and audit\n\t(1)\tThe Board must cause proper accounts to be kept of its financial affairs.\n\t(2)\tThe Auditor-General may at any time, and must at least once in every year, audit the accounts of the Board.\n24—Annual report\n\t(1)\tThe Board must, no later than 30 September in each year, submit to the Minister a report on the administration of this Act during the financial year ending on the preceding 30 June.\n\t(2)\tThe report—\n\t(a)\tmust incorporate the audited statement of accounts for the period to which the report relates; and\n\t(b)\tmust include particulars of the action taken by the Board and the Council in meeting the objectives of the approved management plan under which they operated during that period.\n\t(3)\tThe Minister must, within 12 sitting days of receiving a report under subsection (1), cause a copy of the report to be laid before each House of Parliament.\nDivision 3—Functions and duties of the Council\n25—Functions of the Council\n\t(1)\tThe function of the Council under this Act is to implement, within the Council's area, the Board's approved management plan insofar as it affects that area.\n\t(2)\tIn performing that function, the Council must—\n\t(a)\tencourage and promote active community involvement in water conservation and management matters; and\n\t(b)\tseek to administer this Act on the basis of negotiation with landholders and all other relevant persons or authorities.\n26—Council subject to control of Minister\nThe Council is subject to the control and direction of the Minister in the exercise of its powers and functions under this Act.\n27—Council to keep a separate fund\n\t(1)\tThe Council must continue to maintain a separate fund into which all money received by the Council under this Act must be paid.\n\t(2)\tThe money in the fund is to be expended by the Council only for the purposes of this Act.\n\t(3)\tThe Council must furnish the Minister with such estimates, reports, accounts and any other information as the Minister may from time to time request.\n\t(4)\tThe Council must—\n\t(a)\tkeep proper accounts of its income and expenditure under this Act; and\n\t(b)\tthe Auditor-General may, at the request of the Minister, audit the accounts kept by the Council pursuant to this section.\n28—Power of Council to delegate\n\t(1)\tThe Council may, with the approval of the Minister, delegate any of its powers or functions under this Act to the Board.\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)\tis revocable by the Council at will; and\n\t(d)\tdoes not derogate from the power of the Council to act in any matter.\nDivision 4—Advisory committees\n31—Advisory committees\nThe Minister may, after consulting the Board, establish such advisory committees as the Minister thinks necessary or desirable for the proper administration of this Act.\n32—Terms and conditions of office\n\t(1)\tA member of an advisory committee established under this Part will be appointed for such term, not exceeding four years, as is determined by the Minister and specified in the instrument of appointment.\n\t(2)\tThe Minister may remove a member of an advisory committee from office—\n\t(a)\tfor misconduct; or\n\t(b)\tfor neglect of duty; or\n\t(c)\tfor incompetence; or\n\t(d)\tfor mental or physical incapacity to carry out satisfactorily the duties of office.\n\t(3)\tThe office of a member of an advisory committee becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office; or\n\t(c)\tresigns by notice in writing addressed to the Minister; or\n\t(d)\tis removed from office by the Minister under subsection (2).\n\t(4)\tA member of an advisory committee is entitled to such allowances and expenses as the Governor may determine.\n33—Procedure for advisory committees\n\t(1)\tThe person appointed to chair an advisory committee will preside at any meeting of the committee at which he or she is present and, in his or her absence from a meeting, the members present must select one of their number to preside at that meeting.\n\t(2)\tA quorum of an advisory committee is constituted by a number of members equal to the number gained by dividing the number of members appointed to the committee by two, ignoring any resulting fraction and adding one.\n\t(3)\tNo business may be transacted at a meeting of an advisory committee unless a quorum is present.\n\t(4)\tEach member present at a meeting of an advisory committee is entitled to one vote on a matter arising for decision at the meeting, but the person presiding at the meeting has, in the event of an equality of votes, a casting vote as well as a deliberative vote.\n\t(5)\tA decision carried by a majority of the votes cast by the members present and voting at a meeting of an advisory committee is a decision of the committee.\n\t(6)\tThe procedure for the calling of meetings of an advisory committee and for the conduct of business at meetings will, subject to this Act, be determined by the advisory committee.\nPart 3—Water management works\nDivision 1—Board and Council water management works\n34—Board water management works\n\t(1)\tSubject to this section, the Board may, within the Board's area, construct such water management works, or alter or remove such of the Board's water management works, as the Board thinks necessary or desirable for the purposes of this Act.\n\t(2)\tThe Board must endeavour to maintain all its water management works in a good state of safety, cleanliness and repair and in efficient working order.\n\t(3)\tThe Board must not, except with the approval of the Minister, undertake any work pursuant to this section that is not contemplated by the Board's approved management plan.\n\t(4)\tThe Board must not, except with the approval of the Minister to whom the administration of the River Murray Act 2003 is committed, undertake any work pursuant to this section that might affect the River Murray within the meaning of that Act that is not contemplated by the Board's approved management plan.\n35—Council water management works\n\t(1)\tSubject to this section, the Council may, within the Council's area, construct such water management works, or remove or alter such of the Council's water management works, as the Council thinks necessary or desirable for the purposes of this Act.\n\t(2)\tThe Council must endeavour to maintain all its water management works in a good state of safety, cleanliness and repair and in efficient working order.\n\t(3)\tThe Council must not, except with the approval of the Minister, undertake any work pursuant to this section that is not contemplated by the Board's approved management plan.\n36—Discharge of stormwater into Council water management works\n\t(1)\tThe Council may discharge township stormwater into any of the Council's water management works under this Act.\n\t(2)\tThe cost incurred by the Council in altering or repairing its water management works as a result of the discharge of stormwater into the works will be borne by the Council out of the funds of the Council not consisting of money appropriated or allocated for the purposes of this Act.\n37—Water in water management works is property of Crown\n\t(1)\tThe water in the Board's or Council's water management works under this Act is the exclusive property of the Crown.\n\t(2)\tThe Minister may, on such conditions as the Minister thinks fit, grant to any person the right to take or use the water in any such water management works.\n38—Further powers of Board and Council\n\t(1)\tWithout limiting any other powers conferred by this Act, the relevant authority may, for the purposes of this Act, do all or any of the following things within its area:\n\t(a)\tenter upon any land for the purpose of exercising powers under this Act;\n\t(b)\tinspect, survey, take samples of soil or water from, or carry out tests on, any land;\n\t(c)\tinspect any private water management works;\n\t(d)\twiden, deepen, clean out, shore up or raise or lower the banks of any watercourse, drainage hole, dam, lake or well.\n\t(2)\tThe power to enter land is, except in cases where urgent action is required to deal with a flood, potential flood or other emergency, exercisable only at a reasonable time of the day and upon giving reasonable notice, being not less than one day, to the landholder.\n39—Power to require landholders to contribute to cost of works\n\t(1)\tWhere one or more landholders have entered into an agreement with the relevant authority for the carrying out by the authority of any work to be wholly funded by landholders or jointly funded by landholders and the authority, the authority—\n\t(a)\tmust determine which landholdings will, in the opinion of the authority, benefit from the proposed works; and\n\t(b)\tmust endeavour to reach agreement with all the landholders so benefited (whether or not parties to the agreement referred to in subsection (1)) as to the proportion of the cost to be borne by each of them.\n\t(2)\tThe authority may proceed with any proposed work if an agreement is reached in accordance with subsection (1) with at least 55 per cent of the landholders whose land will, in the opinion of the authority, benefit from the work, provided that those landholders with whom agreement has been reached represent between them at least 75 per cent of the total area of land that will be so benefited.\n\t(3)\tA landholder who refuses or fails to reach agreement as to the contribution to be paid by the landholder towards the cost of work carried out by the relevant authority pursuant to this section is liable to the authority for that proportion of the total cost to be borne by landholders that the area of the landholder's land that will benefit from the work bears to the total area that will so benefit.\n\t(4)\tThe relevant authority may, no later than three months after completion of the work, by notice in writing addressed to a landholder who is liable to pay a contribution pursuant to subsection (3), require payment of the relevant amount and specify the manner in which it is to be paid and the time within which it, or any instalment, is to be paid.\n\t(5)\tIf default is made in payment of an instalment, the whole balance outstanding under the notice falls due and payable.\n\t(6)\tThe amount due and payable under a notice under this section—\n\t(a)\tis recoverable by the relevant authority as a debt; and\n\t(b)\tis a charge over the land in question, being a charge that ranks in priority before all other charges or mortgages (other than a charge or mortgage in favour of the Crown or a Crown instrumentality).\n\t(7)\tNothing in this section prevents the relevant authority from carrying out work at its own cost should agreement not be reached with the required number of landholders.\n40—Fencing of water management works and drainage reserves\n\t(1)\tThe relevant authority—\n\t(a)\tmay cause any of its water management works or any drainage reserve under its care, control and management to be fenced to such extent and in such manner as is reasonably adequate for the purposes of protecting the works or reserve from damage; and\n\t(b)\tmay cause any such fence to be repaired, maintained or replaced as is reasonably necessary.\n\t(2)\tSubject to the terms of any agreement reached with the authority—\n\t(a)\tthe landholder, or landholders, of land adjoining any such fence is, or are jointly, liable to the relevant authority for half the cost of the fencing work in question; and\n\t(b)\twhere there is more than one adjoining landholder, each is liable to the authority for that proportion of the share to be borne by all adjoining landholders that the length of the landholder's common boundary (with the water management works or drainage reserve) bears to the overall length of the fence.\n\t(3)\tThe relevant authority may, no later than three months after completion of the fencing work, by notice in writing addressed to a landholder who is liable to pay a contribution pursuant to this section, require payment of the relevant amount and specify the manner in which it is to be paid and the time within which it, or any instalment, is to be paid.\n\t(4)\tIf default is made in payment of an instalment, the whole balance outstanding under the notice falls due and payable.\n\t(5)\tAn amount due and payable under a notice under this section—\n\t(a)\tis recoverable by the relevant authority as a debt; and\n\t(b)\tis a charge over the land in question ranking in priority before all other charges and mortgages (other than a charge or mortgage in favour of the Crown or a Crown instrumentality).\n\t(6)\tThe Fences Act 1975 does not apply in relation to fencing work carried out by a relevant authority in respect of water management works or a drainage reserve.\nDivision 2—Private water management works\n41—Water management works not to be constructed, altered or removed without a licence\nA person must not, except in pursuance of a licence granted under this Division by the relevant authority—\n\t(a)\tconstruct water management works on land in the South East; or\n\t(b)\tremove or alter any water management works (whether constructed before or after the commencement of this Act) on land in the South East; or\n\t(c)\tclose off or obstruct in any way any drainage hole,\nif to do so would, or would be likely to, stop, increase, decrease or otherwise affect the flow of water from or onto land adjacent to that land, or the flow of water into a watercourse or any Board or Council water management works.\nMaximum penalty: $10 000.\n42—Certain bridges and culverts not to be constructed without a licence\nA person must not erect a bridge or construct a culvert over, through or along any Board or Council water management works or a drainage reserve except in pursuance of a licence granted by the relevant authority.\nMaximum penalty: $10 000.\n43—Grant of licences\n\t(1)\tThe relevant authority may grant a licence authorising a person to carry out work specified in the licence.\n\t(2)\tAn application for a licence must be in a form approved by the Minister and must be accompanied by the prescribed fee.\n\t(3)\tA licence may be subject to such conditions as the relevant authority thinks fit and specifies in the licence.\n\t(4)\tThe conditions of a licence may, by notice in writing addressed to the holder of the licence, be varied, revoked or added to at any time by the relevant authority.\n\t(5)\tA person who contravenes or fails to comply with a condition of a licence under this Division is guilty of an offence.\nMaximum penalty: $10 000.\n\t(6)\tIf an application for a licence relates to work that is to be carried out within a River Murray Protection Area and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of applications for all such licences), the relevant authority must, before making its decision on the application—\n\t(a)\tconsult the Minister to whom the administration of the River Murray Act 2003 is committed; and\n\t(b)\tcomply with the Minister's directions (if any) in relation to the application (including a direction that the application not be granted, or that if it is to be granted, then the licence be subject to conditions specified by the Minister).\n44—Power of authority to direct certain work be carried out\n\t(1)\tWhere—\n\t(a)\tany work has been carried out or any other thing done by a person in contravention of this Division or the repealed Act; or\n\t(b)\ta person contravenes or fails to comply with a condition of a licence under this Division; or\n\t(c)\tthe relevant authority is of the opinion that any water management works constructed by a person pursuant to a licence (whether before or after the commencement of this Act) are having a harmful effect on the proper management or conservation of surface or underground water in the South East,\nthe relevant authority may, by notice in writing addressed to the person, require the person, within the time specified in the notice, to take specified steps (which may include the complete removal of any work) to remedy the contravention or non-compliance or to ensure the proper management or conservation of surface or underground water, as the case may be.\n\t(2)\tWhere a person to whom a notice under subsection (1) has been given fails to comply with the notice, the relevant authority may cause such work to be carried out as full compliance with the notice may require.\n\t(3)\tThe costs incurred by an authority in exercising its powers under subsection (2)—\n\t(a)\tmay be recovered as a debt from the person in default; and\n\t(b)\tare a charge over the land on which the works in question are situated, being a charge that ranks in priority before all other charges and mortgages (other than a charge or mortgage in favour of the Crown or a Crown instrumentality).\n\t(4)\tThe powers exercisable by a relevant authority under this section in relation to a person may be exercised in relation to a successor in title to the land on which the works in question are situated.\nDivision 3—Offences\n45—Water not to be taken from Board or Council water management works\nA person must not, without the permission of the Minister, take water from any Board or Council water management works.\nMaximum penalty: $10 000.\n46—Board and Council water management works not to be interfered with\nA person must not, without the permission of the relevant authority, interfere in any way with any Board or Council water management works or the operation of any such works, or with a drainage reserve or a road adjoining a drainage reserve.\nMaximum penalty: $10 000.\n47—Permission may be conditional\n\t(1)\tThe granting of permission under this Division may be subject to such conditions as the person granting the permission thinks fit.\n\t(2)\tA person who contravenes or fails to comply with any such condition is guilty of an offence.\nMaximum penalty: $10 000.\nDivision 4—Appeals\n48—Rights of appeal\n\t(1)\tA right of appeal lies to the Environment, Resources and Development Court in the following cases:\n\t(a)\ta landholder may appeal against a decision of the relevant authority made under section 39 that a particular landholding would benefit from the proposed carrying out of certain work by the authority;\n\t(b)\tan applicant for a licence under section 41 (construction, alteration or removal of water management works) or section 42 (construction of bridge or culvert) may appeal against a decision of the relevant authority to refuse a licence;\n\t(c)\tthe holder of a licence may appeal against a decision of the relevant authority to vary or add to the conditions to which the licence is subject;\n\t(d)\ta person who has been required by the relevant authority by a notice under section 44 to take specified steps may appeal against a requirement of the notice.\n\t(2)\tAn appeal must be instituted in the prescribed manner and form within six weeks of the decision or requirement appealed against or within such further time as the Court considers to be reasonable in the circumstances.\n\t(3)\tOn an appeal the Court may—\n\t(a)\taffirm, vary or quash the decision or requirement appealed against or substitute any decision or requirement that should have been made in the first instance; or\n\t(b)\tremit the subject matter of the appeal to the relevant authority for further consideration.\n49—Decision or requirement may be suspended pending appeal\n\t(1)\tWhere a decision or requirement has been made by the relevant authority and the relevant authority or the Environment, Resources and Development Court is satisfied that an appeal against the decision or requirement has been instituted, or is intended, the relevant authority or the Court may suspend the operation of the decision or requirement until the determination of the appeal.\n\t(2)\tA suspension under subsection (1) may be terminated at any time by the relevant authority or the Court (as the case may require).\nPart 4—Miscellaneous\n50—Power to waive or defer payments\n\t(1)\tThe relevant authority may, if it thinks good reason exists for doing so, waive or defer payment of any amount due and payable to it by any person pursuant to this Act.\n\t(2)\tThe relevant authority may waive or defer payment on such conditions as it thinks fit, including a condition providing for the payment of interest on an amount deferred.\n51—Appointment of authorised officers\n\t(1)\tThe Board or the Council may appoint persons to be authorised officers for the purposes of this Act.\n\t(2)\tAppointments may be made by name or by reference to office.\n\t(3)\tAn authorised officer appointed by the Board cannot exercise the powers of an authorised officer within the Council's area except with the written authority of the Council.\n\t(4)\tAn authorised officer appointed by the Council cannot exercise the powers of an authorised officer within the Board's area except with the written authority of the Board.\n\t(5)\tA person appointed as an authorised officer must be issued with an identity card in a form approved by the Minister.\n\t(6)\tThe relevant authority may, by notice in writing given personally or by post to an authorised officer, revoke his or her appointment.\n52—Powers of authorised officers\n\t(1)\tAn authorised officer may, for the purposes of the enforcement of this Act, exercise any of the following powers:\n\t(a)\tenter any land in the South East;\n\t(b)\tinspect any such land or the surface water or water management works on any such land;\n\t(c)\tmeasure or chart the flow of surface water on any such land;\n\t(d)\ttake photographs, films or video recordings on any such land;\n\t(e)\tput to any person on any such land any question relating to the administration of this Act;\n\t(f)\trequire a person who the authorised officer reasonably suspects has committed, or is about to commit, an offence against this Act to state his or her name and usual place of residence;\n\t(g)\trequire a person holding, or required to hold, a licence or permit under this Act to produce that licence or permit for inspection by the authorised officer.\n\t(2)\tAn authorised officer may, in exercising powers under this section, be accompanied by such assistants as are reasonably necessary for the purpose.\n\t(3)\tAn authorised officer must, at the request of a landholder or the agent of a landholder, produce his or her identity card for inspection.\n\t(4)\tThe power to enter land is, except in cases of emergency, exercisable only at a reasonable time of the day.\n\t(5)\tAn authorised officer may use force in exercising the power to enter land—\n\t(a)\ton the authority of a warrant issued by a justice; or\n\t(b)\tif the officer believes, on reasonable grounds, that the circumstances require urgent action to be taken.\n\t(6)\tA justice must not issue a warrant under subsection (5) unless satisfied, on information given on oath—\n\t(a)\tthat there are reasonable grounds to suspect that an offence against this Act has been, is being, or is about to be committed; and\n\t(b)\tthat the warrant is reasonably required in the circumstances.\n\t(7)\tAn inspector, or a person assisting an inspector, who—\n\t(a)\taddresses offensive language to any other person; or\n\t(b)\twithout lawful authority or a reasonable belief as to lawful authority, hinders or obstructs or uses or threatens to use force in relation to any other person,\nis guilty of an offence.\nMaximum penalty: $5 000.\n53—Hindering etc persons engaged in the administration of this Act\n\t(1)\tA person who—\n\t(a)\twithout reasonable excuse, hinders or obstructs an authorised officer or other person engaged in the administration of this Act; or\n\t(b)\tfails to answer a question put by an authorised officer to the best of his or her knowledge, information or belief; or\n\t(c)\tuses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or\n\t(d)\tfalsely represents, by word or conduct, that he or she is an authorised officer,\nis guilty of an offence.\nMaximum penalty: $5 000.\n\t(2)\tA person is not required to answer a question put to him or her by an authorised officer if the answer would tend to incriminate the person of an offence.\n54—Proceedings for offences\n\t(2)\tProceedings for an offence against this Act may be commenced within three years after the date on which the offence is alleged to have been committed.\n55—Offences by body corporate\nWhere a body corporate is guilty of an offence against this Act, the manager and each member of the governing body of the body corporate are guilty of an offence against this Act, and liable to the same penalty as is prescribed for the principal offence.\n56—General defence\nIt is a defence to a charge of an offence against this Act for the defendant to prove that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n57—Evidentiary\n\t(1)\tAn allegation by the prosecution in any proceedings for an offence against this Act that on a specified day—\n\t(a)\ta specified person was or was not the holder of a licence or permit under this Act; or\n\t(b)\ta specified person was or was not the owner or occupier of specified land; or\n\t(c)\tspecified water management works were Board water management works or Council water management works; or\n\t(d)\ta specified piece of land constituted a drainage reserve under the care, control and management of a specified authority; or\n\t(e)\tspecified land fell within the Board's area or the Council's area under this Act; or\n\t(f)\ta specified person was an authorised officer or other person engaged in the administration of this Act,\nwill, in the absence of proof to the contrary, be taken to have been proved.\n\t(2)\tIn any proceedings for an offence against this Act, a document purporting to be certified by the relevant authority or an authorised officer as an accurate copy of a licence or permit under this Act will, in the absence of proof to the contrary, be taken to be an accurate copy of the licence or permit in question.\n59—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or desirable for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprovide for the proper maintenance, cleanliness and repair of private water management works;\n\t(b)\tfix fees and provide for their payment, recovery or waiver;\n\t(c)\tprovide for the granting by the Minister of conditional or unconditional exemptions from provisions of this Act;\n\t(d)\tfix penalties not exceeding $1 250 for breaches of the regulations.\n\t(3)\tAny regulation under this Act may be of general or limited application according to—\n\t(a)\tthe classes of person, land or works; or\n\t(b)\tthe circumstances; or\n\t(c)\tany other specified factor,\nto which the regulation is expressed to apply.\nSchedule 1—Land comprising the South East\nThe Hundreds of Glyde, Field, Colebatch, Richards, Coombe, Archibald, Makin, McCallum, Shaugh, Santo, Messent, McNamara, Laffer, Stirling, Pendleton, Cannawigara, Senior, Neville, Wells, Petherick, Willalooka, Wirrega, Tatiara, Duffield, Landseer, Peacock, Marcollat, Parsons, Beeamma, Geegeela, Lacepede, Murrabinna, Minecrow, Woolumbool, Glen Roy, Lochaber, Hynam, Binnum, Mount Benson, Bowaka, Townsend, Joyce, Spence, Naracoorte, Jessie, Ross, Conmurra, Robertson, Joanna, Waterhouse, Bray, Smith, Fox, Coles, Killanoola, Comaum, Lake George, Symon, Kennion, Short, Monbulla, Penola, Rivoli Bay, Mount Muirhead, Riddoch, Grey, Nangwarry, Mayurra, Hindmarsh, Young, Mingbool, Benara, Blanche, Gambier, Kongorong, MacDonnell and Caroline.\nSchedule 2—Land excluded from the area of the Council\nThat portion of the Hundred of Mount Muirhead, County of Grey, bounded as follows:\nCommencing at the north-eastern corner of the Hundred of Mount Muirhead; thence southerly along portion of the eastern boundary of the said hundred to its intersection with the production south-easterly of a south-western boundary of section 209; north‑westerly along the latter production and boundary, a further south-western boundary of section 209 and the south-western boundaries of sections 211, 218 and 292 to the northern boundary of the Hundred of Mount Muirhead; thence easterly along the latter boundary to the point of commencement and crossing all intervening roads.\nThat portion of the Hundred of Rivoli Bay, County of Grey, bounded as follows:\nCommencing at the north-western corner of the Hundred of Rivoli Bay; thence easterly along the northern boundary of the said hundred to its north-eastern corner; southerly along portion of the eastern boundary of the said hundred to the northern corner of section 17N; south-westerly along the north-western boundaries of sections 17N, 19 and 41 and portion of the north-western boundary of section 117 to a line parallel to and distant 10.06 metres from and situate generally easterly of the south-western boundary of section 117 and the western boundaries of sections 112 and 109; generally southerly along the said parallel line and its production southerly to the north-western boundary of section 434 (Hatherleigh Drain); south-westerly along the latter boundary for 160.9 metres; north-westerly at right angles to a south-eastern boundary of section 124; generally northerly along the south-eastern and eastern boundaries of section 124, the eastern boundaries of section 123 and the north-eastern boundary of section 118; south‑westerly along the north-western boundaries of sections 118, 125 and 126 and production through section 429 (Trigonometrical Reserve), allotment 2 (Filed Plan No. 301) and sections 406, 358 and 428 (Lake Frome) to the northern boundary of the road generally southerly of and adjoining section 428; generally westerly along the northern boundary of the road generally southerly of and adjoining sections 428, 383 and 472, and south-east of and adjoining section 395 to the southern corner of section 395; north‑westerly along portion of the south-western boundary of section 395 to the southern corner of section 389 (Drainage Reserve); generally north-westerly along the south-western boundaries of section 389 and the south-western and western boundaries of section 390 (Drainage Reserve) and production northerly to the sea coast; thence generally north-westerly along the sea coast to the point of commencement and crossing all intervening roads.\nThat portion of the Hundred of Young that falls within the local government area of the Council.\nSchedule 3—Central Electoral Zone\nThe following land comprises the Central Electoral Zone:\nThe Hundreds of Neville, Wells, Duffield, Landseer, Peacock, Marcollat, Glen Roy, Lacepede, Murrabinna, Minecrow, Woolumbool, Lochaber, Hynam, Binnum, Mount Benson, Bowaka, Townsend, Joyce, Spence, Naracoorte, Jessie, Conmurra, Robertson, Joanna, Fox and Coles.\nSchedule 4—Northern Electoral Zone\nThe following land comprises the Northern Electoral Zone:\nThe Hundreds of Glyde, Field, Colebatch, Richards, Coombe, Archibald, Makin, McCallum, Shaugh, Santo, Messent, McNamara, Laffer, Stirling, Pendleton, Cannawigara, Senior, Petherick, Willalooka, Wirrega, Tatiara, Parsons, Beeamma and Geegeela.\nSchedule 5—Southern Electoral Zone\nThe following land comprises the Southern Electoral Zone:\nThe Hundreds of Waterhouse, Ross, Bray, Smith, Killanoola, Comaum, Lake George, Symon, Kennion, Short, Monbulla, Penola, Rivoli Bay, Mount Muirhead, Riddoch, Grey, Nangwarry, Mayurra, Hindmarsh, Young, Mingbool, Benara, Blanche, Kongorong, Gambier, MacDonnell and Caroline.\nSchedule 6—Transitional provisions\n3\tAll members of the South Eastern Drainage Board will, on the commencement of this Act, vacate their offices so as to enable the Board membership to be appointed or elected in accordance with this Act.\n4\tAll assets, rights and liabilities of the Tatiara Drainage Trust in existence immediately before the commencement of this Act vest in the District Council of Tatiara.\n5\tThe drains and drainage works vested in the Board immediately before the commencement of this Act continue to be so vested.\n6\t(1)\tThe drains and drainage works in the Eight Mile Creek area vested in the Minister immediately before the commencement of this Act vest in, and are under the care, control and management of, the Board.\n\t(2)\tThe exercise of any powers under the repealed Act by the Minister as the authority for the Eight Mile Creek area and not completed before the commencement of this Act may be completed by the Board under and in accordance with the repealed Act as if it had not been repealed.\n7\tThe drains and drainage works vested in the Council immediately before the commencement of this Act continue to be so vested.\n8\tThe plans of drains and drainage works lodged with or prepared by the Minister under Part 2 of the repealed Act may continue to be altered by the Minister for the purposes of correcting any error found in any of them.\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 this Act (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.\nLegislation repealed by principal Act\nThe South Eastern Water Conservation and Drainage Act 1992 repealed the following:\nSouth-Eastern Drainage Act 1931\nTatiaria Drainage Trust Act 1949\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1992\n16\nSouth Eastern Water Conservation and Drainage Act 1992\n23.4.1992\n13.8.1992 (Gazette 13.8.1992 p846)\n1995\n104\nSouth Eastern Water Conservation and Drainage (Miscellaneous) Amendment Act 1995\n14.12.1995\n2.5.1996 (Gazette 2.5.1996 p2396)\n1996\n102\nSouth Eastern Water Conservation and Drainage (Contribution) Amendment Act 1996\n19.12.1996\n19.12.1996\n2002\n48\nUpper South East Dryland Salinity and Flood Management Act 2002\n12.12.2002\nSch 2 (cll 1 & 2)—19.12.2002 (Gazette 19.12.2002 p4736)\n2003\n35\nRiver Murray Act 2003\n31.7.2003\nSch (cl 21)—24.11.2003 (Gazette 20.11.2003 p4203)\n2003\n44\nStatute Law Revision Act 2003\n23.10.2003\nSch 1—24.11.2003 (Gazette 13.11.2003 p4048)\n2004\n34\nNatural Resources Management Act 2004\n5.8.2004\nSch 4 (cl 41)—1.7.2005 (Gazette 30.6.2005 p2093)\n2006\n43\nStatutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 80 (s 195)—1.6.2007 (Gazette 26.4.2007 p1352)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 144 (ss 330—332)—1.2.2010 (Gazette 28.1.2010 p320)\n2015\n8\nStatutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n18.6.2015\nPt 37 (ss 237—240)—1.7.2015 (Gazette 25.6.2015 p3076)\n2019\n33\nLandscape South Australia Act 2019\n21.11.2019\nSch 5 (cl 84)—1.7.2020 (Gazette 25.6.2020 p3502)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nPt 1\n\n\ns 2\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 3\n\n\neligible landholder\namended by 104/1995 s 3\n2.5.1996\nRiver Murray Protection Area\ninserted by 35/2003 Sch cl 21(a)\n24.11.2003\ns 5\n\n\ns 5(1)\ns 5 redesignated as s 5(1) by 48/2002 Sch 2 cl 1(a)\n19.12.2002\ns 5(2)—(5)\ninserted by 48/2002 Sch 2 cl 1(a)\n19.12.2002\ns 7A\ninserted by 35/2003 Sch cl 21(b)\n24.11.2003\nPt 2\n\n\ns 11\n\n\ns 11(2)\namended by 104/1995 s 4(a)\n2.5.1996\ns 11(8)\nsubstituted by 104/1995 s 4(b)\n2.5.1996\ns 11(8a)\ninserted by 104/1995 s 4(b)\n2.5.1996\ns 13\n\n\ns 13(1)\nsubstituted by 104/1995 s 5(a)\n2.5.1996\ns 13(1a) and (1b)\ninserted by 104/1995 s 5(a)\n2.5.1996\ns 13(4)\ndeleted by 104/1995 s 5(b)\n2.5.1996\ns 16 before substitution by 84/2009\n\n\ns 16(1)\namended by 104/1995 s 6(a)\n2.5.1996\ns 16(3)\namended by 43/2006 s 195(1)\n1.6.2007\ns 16(5)\namended by 104/1995 s 6(b)\n2.5.1996\ns 16(8)\ninserted by 43/2006 s 195(2)\n1.6.2007\ns 16\nsubstituted by 84/2009 s 330\n1.2.2010\ns 17\n\n\ns 17(3)\ninserted by 34/2004 Sch 4 cl 41\n1.7.2005\n\namended by 33/2019 Sch 5 cl 84\n1.7.2020\ns 18\n\n\ns 18(3a)\ninserted by 35/2003 Sch cl 21(c)\n24.11.2003\n s 21\n\n\ns 21(1)\namended by 48/2002 Sch 2 cl 1(b)\n19.12.2002\ns 29 before deletion by 8/2015\n\n\ns 29(7)\ninserted by 84/2009 s 331\n1.2.2010\ns 29\ndeleted by 8/2015 s 237\n1.7.2015\ns 30\ndeleted by 48/2002 Sch 2 cl 1(c)\n19.12.2002\ns 31\namended by 8/2015 s 238\n1.7.2015\ns 32\n\n\ns 32(1)\namended by 8/2015 s 239\n1.7.2015\nPt 3\n\n\ns 34\n\n\ns 34(4)\ninserted by 35/2003 Sch cl 21(d)\n24.11.2003\ns 34A\ninserted by 104/1995 s 7\n2.5.1996\n\nsubstituted by 102/1996 s 2\n19.12.1996\n\ndeleted by 48/2002 Sch 2 cl 1(d)\n19.12.2002\ns 41\namended by 104/1995 s 8\n2.5.1996\ns 42\namended by 104/1995 s 9\n2.5.1996\ns 43\n\n\ns 43(5)\namended by 104/1995 s 10\n2.5.1996\ns 43(6)\ninserted by 35/2003 Sch cl 21(e)\n24.11.2003\ns 45\namended by 104/1995 s 11\n2.5.1996\ns 46\namended by 104/1995 s 12\n2.5.1996\ns 47\n\n\ns 47(2)\namended by 104/1995 s 13\n2.5.1996\ns 48\n\n\ns 48(1)\namended by 104/1995 s 14(a)\n2.5.1996\ns 48(2) and (3)\namended by 104/1995 s 14(b)\n2.5.1996\ns 49\n\n\ns 49(1)\namended by 104/1995 s 15\n2.5.1996\ns 49(2)\namended by 104/1995 s 15(b)\n2.5.1996\nPt 4\n\n\ns 50\n\n\ns 50(1)\ns 50 redesignated as s 50(1) by 102/1996 s 3\n19.12.1996\ns 50(2)\ninserted by 102/1996 s 3\n19.12.1996\ns 52\n\n\ns 52(7)\namended by 104/1995 s 16\n2.5.1996\ns 53\n\n\ns 53(1)\namended by 104/1995 s 17\n2.5.1996\n s 54\n\n\ns 54(1)\ndeleted by 104/1995 s 18\n2.5.1996\ns 58\ndeleted by 84/2009 s 332\n1.2.2010\n s 59\n\n\ns 59(2)\namended by 104/1995 s 19\n2.5.1996\nSch 6\nheading amended by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nDiv 1\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nDiv 2\n\n\nheading\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nTransitional etc provisions associated with Act or amendments\nSouth Eastern Water Conservation and Drainage (Contributions) Amendment Act 1996\n4—Validation of notices relating to 1996/1997 financial year\nA notice under section 34A of the principal Act fixing a rate of contribution in respect of the 1996/1997 financial year will not be invalidated on the ground that the notice was published in the Gazette after the commencement of that financial year.\nUpper South East Dryland Salinity and Flood Management Act 2002, Sch 2 \n2—Transitional provisions\n\t(1)\tSubject to subclause (2), all water management works comprising or relating to the Upper South East Project held by SEWCDB, or by any other public authority specified by the Governor by proclamation made for the purposes of this subclause, are vested in the Minister.\n\t(2)\tThe Governor may, by proclamation, exclude any water management works from the operation of subclause (1).\n\t(3)\tSubject to subclause (4), any right or liability of SEWCDB incurred under contracts for or in relation to the construction of water management works for the purposes of the Upper South East Project cease to be rights or liabilities of that body and become rights and liabilities of the Minister.\n\t(4)\tThe Governor may, by proclamation, exclude any right or liability for the operation of subclause (3).\n\t(5)\tThe Governor may, by proclamation, vest in the Minister any other asset, right or liability of SEWCDB that should, in the opinion of the Governor, be vested in that Minister for the purposes of this Act.\n\t(6)\tThe Governor may, by proclamation, direct that a reference in a contract or any instrument or other document to SEWCDB will have effect as if it were a reference to the Minister.\n\t(7)\tThe Minister may direct that designated staff of SEWCDB assist the Minister in the administration of this Act (and any such direction will have effect according to its terms).\n\t(8)\tSEWCDB must, at the direction of the Minister, transfer any money received by SEWCDB under section 34A of the South Eastern Water Conservation and Drainage Act 1992 (as repealed by this Act) to the Minister, or to another authority, or to an account, specified by the Minister.\n\t(9)\tAny contribution levied under section 34A of the South Eastern Water Conservation and Drainage Act 1992 that has not been paid before the repeal of that section by this Act will, after that repeal, be payable to the Minister instead of to SEWCDB and, in connection with levying that contribution, any scheme established by SEWCDB under that section before its repeal will continue to have effect as if a reference to SEWCDB were a reference to the Minister and on the basis that the Minister may exercise any right of SEWCDB under that scheme after the commencement of this clause, subject to such modifications or qualifications the Minister may direct by notice in the Gazette.\n\t(10)\tThe vesting of assets, rights and liabilities under this clause operates by force of this clause and despite the provisions of any other law or instrument.\n\t(11)\tThe Registrar-General or another authority required or authorised under a law of this State to register or record transactions affecting assets, rights or liabilities, or documents relating to such transactions, must, on application under this clause, register or record in an appropriate manner a vesting under this clause.\n\t(12)\tThe Governor may, by regulation, make any other provision of a saving or transitional nature consequent on the enactment of this Act.\n\t(13)\tIn this clause—\nSEWCDB means the South Eastern Water Conservation and Drainage Board established under the South Eastern Water Conservation and Drainage Act 1992.\nStatutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n240—Transitional provision\nA member of the Eight Mile Creek Water Conservation and Drainage Advisory Committee ceases to hold office on the commencement of this section.\nHistorical versions\nReprint No 1—2.5.1996\n\nReprint No 2—19.12.1996\n\nReprint No 3—19.12.2002\n\nReprint No 4—24.11.2003\n\n1.7.2005\n\n1.6.2007\n\n1.2.2010\n\n1.7.2015\n\n","sortOrder":0}],"analysis":{"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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. The page returned was a 'Page Not Found' error from the South Australian legislation website, likely caused by a website migration in March 2026."},"complexity_factors":["The actual legislative text was not retrievable — only a website error page was returned","No provisions, definitions, schedules, or operative clauses were available for analysis","Complexity score is minimal and reflects the absence of content, not the Act itself — the real Act may score significantly higher"],"plain_english_summary":"**⚠️ Content Unavailable**\n\nThe actual text of the *South Eastern Water Conservation and Drainage Act 1992* (South Australia) could not be retrieved — the legislation website returned a 'Page Not Found' error, likely due to a website migration that occurred around 24 March 2026.\n\n**What we do know about this Act in general terms:**\nThis is a South Australian law that historically governs water conservation and drainage management in the south-east region of South Australia — an area known for significant wetlands, agricultural land, and drainage infrastructure. It typically deals with:\n- Management of drainage schemes and water infrastructure\n- Powers of relevant authorities to construct and maintain drains\n- Rates or levies charged to landowners who benefit from drainage works\n- Protection of water resources in the region\n\n**Who it affects:** Landowners, farmers, and businesses in South Australia's south-east region, as well as relevant government bodies managing water and drainage.\n\n**To access the current law**, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search for the Act directly, or email OPCWeb@sa.gov.au to report the broken link."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's scope has been amended since enactment. Notable changes recorded in the legislative history include: insertion of a requirement to act consistently with River Murray Act objectives (s7A, inserted 2003) and provisions requiring Ministerial consultation/direction in River Murray Protection Areas (s43(6), inserted 2003); transitional and scope adjustments linked to the Upper South East Dryland Salinity and Flood Management Act 2002 which limit or extend this Act's application in declared Project Areas and provide for inter‑agency delegations (s5(2)–(5); Upper South East Act Sch 2 cl 2); additions requiring Board activities to be consistent with regional landscape or water allocation plans under the Landscape South Australia Act 2019 (s17(3), inserted 2004 and amended 2019); and various electoral, procedural and offence‑related amendments (see Legislative history entries and the table of provisions amended). These changes alter who must be consulted, which environmental objectives must be pursued, and in some locations which authority (Minister or Board) has operational responsibility (legislative history; s4; s5; s7A; s17(3); s43(6))."},"complexity_factors":["Multiple decision-makers with overlapping powers: Minister, Board, Council, authorised officers and advisory committees (s4, s6, s8, s20, s25, s51).","Licensing regime for private works and bridges/culverts with conditions, fees and variation powers (s41–43).","Statutory cost-recovery and contribution rules with participation thresholds and land‑charge priority (s39; s40; s44(3)).","Strong enforcement powers for authorised officers (entry, inspection, sampling, warrants) with associated offences and penalties (s51–53; s41–47).","Interaction and required consistency with other environmental and water laws, including River Murray and Upper South East Acts (s5, s7A, s17(2)(a), s17(3), s43(6)).","Crown ownership of water in public works and Ministerial control over rights to take or use that water (s37).","Detailed elector and Board membership rules tied to landholding thresholds and geographically defined electoral zones (s9–13; Schedules 1–5).","Appeal mechanisms to the Environment, Resources and Development Court and power to suspend decisions pending appeal (s48–49).","Numerous provisions delegating or permitting revocable delegations and ministerial directions (s6, s21, s28), which increase administrative discretion.","Extensive amending history and cross-references to regulations and subordinate instruments (Legislative history; s59)."],"plain_english_summary":"# What this law does\n\n- Establishes and governs the South Eastern Water Conservation and Drainage Board (the Board) and gives ongoing duties to the District Council of Millicent (the Council) for managing surface water, drainage and related works across the South East of South Australia (Part 2; s8, s25).\n- Authorises the Board and the Council to build, alter, maintain and remove water-management infrastructure (\"water management works\") and to carry out measures to lower water tables where needed within their areas (s34–35, definition of water management works).  \n- Requires private landholders to obtain licences before constructing, altering or removing drains, bridges or culverts that would affect flow onto or from neighbouring land or into public works (s41–43).  \n- Enables the Board or Council to require landholders to contribute to the cost of works that benefit them, including setting thresholds and apportionment rules (s39).  \n- Establishes enforcement tools: authorised officers may enter land, inspect, take samples and photographs, demand licences and ask questions; there are penalties for unauthorised works or interference with public water works (s51–53; offences and penalties in s41–47).  \n- Gives the Crown ownership of water in Board and Council works and allows the Minister to grant rights to take or use that water on conditions (s37).  \n- Subjects the Board and the Council to ministerial control and directions, and allows the Minister to vest, transfer or delegate powers and to vary vesting of works (s4, s6, s20, s26).  \n- Provides for a management plan, public consultation on that plan and Ministerial approval of the plan (s18).  \n- Creates appeal rights to the Environment, Resources and Development Court for specified decisions (s48) and a regulatory head of power for regulations, fees and exemptions (s59).\n\n# Who it affects (practical picture)\n\n- Landholders in the South East: required voters and electors for Board seats if they meet the 10-hectare threshold; may need licences for on-farm drainage/bridge/culvert works; can be called on to contribute financially to public drainage works that benefit their land (s11, s41–43, s39).  \n- The Board and Council: decision-makers and implementers of works and management plans; they can enter land, require contributions, and delegate powers (s8, s18, s38–39, s21, s28).  \n- The Minister: has reservable powers to direct vesting, approve management plans, issue directions and require consultation in certain river-protection areas (s4, s18(5)–(6), s7A, s43(6)).  \n- Third parties (contractors, businesses, local government): may be contractors to the Board/Council or applicants for licences; their work on private or public drains is regulated and may require licences and conditions (s19, s41–43).\n\n# Why it matters (mechanics and incentives)\n\n- Central control of surface-water infrastructure: the Act places operation and ownership of water-management works under public authorities and the Crown (s8, s37). That means individuals cannot treat drains and associated water as private without licence; the Minister can authorise or refuse use of water in public works (s37, s43).  \n- Cost-sharing: the Act creates a statutory route for authorities to recover the cost of works from landholders who benefit; unpaid contributions may be recovered as a debt and take effect as a charge on the land that has priority over private mortgages (s39(4)–(6)). This produces a direct financial obligation on beneficiaries of drainage works.  \n- Licensing and compliance burden: landholders who want to alter or install drainage infrastructure or bridges/culverts that affect flows must apply for licences, pay fees and meet conditions; non-compliance attracts fines or directions to remove works and liability for enforcement costs (s41–44).  \n- Enforcement discretion and administrative oversight: authorised officers have broad inspection and enforcement powers (s51–52). The Board and Council may set licence conditions, vary them, and require remediation; the Minister can step in, vest works, or direct approval processes in specified protection areas (s4, s43(3)–(5), s44).  \n- Checks and remedies: affected landholders and licence applicants have appeal rights to the Environment, Resources and Development Court (s48), and decisions or requirements can be suspended pending appeal (s49).  \n\n# Costs, trade-offs and incentives to watch (mechanisms, not judgments)\n\n- Who pays: (a) landholders deemed to benefit from a work may be required to pay a proportion of construction/maintenance costs (s39(3)–(6)); (b) adjoining landholders may share half the cost of fencing around works (s40(2)–(5)); (c) licence applicants must pay prescribed fees (s43(2)); (d) penalties and remediation costs fall on persons who breach licence conditions or construct works without licence (s41, s43(5), s44).  \n- Incentives: the contribution scheme (s39) incentivises landholders to agree to works (to control apportionment and avoid statutory assessment), but also creates a default apportionment based on area when agreement fails. Licence requirements create a regulatory hurdle for private works which may alter investment timing or design choices.  \n- Administrative discretion and implementation risk: the Minister, Board and Council have multiple discretionary powers (to direct vesting (s4), control the Board (s20), vary licence conditions (s43(4))), which concentrates decision authority in public offices and may affect predictability for private actors.  \n- Property effects and finance: unpaid contributions and enforcement costs can be registered as charges over land that rank ahead of private mortgages except Crown charges (s39(6), s40(5), s44(3)). That affects land value and the priority of secured finance on impacted properties.  \n- Limits on private control of water and works: water in public works is Crown property (s37), and private works that affect flows require licensing (s41–43). That constrains unilateral private alterations to drainage or water use.  \n\n# Compliance burden and remedies\n\n- Requires licence applications in approved form with fees and potential conditions (s43(2)–(4)).  \n- Authorised officers can inspect, sample and require information; refusal, obstruction or abusive conduct carries penalties (s51–53).  \n- Non-compliant works may be ordered removed and the authority can carry out the work and recover costs as a debt and charge over land (s44(1)–(3)).  \n\n# Interaction with other laws and environmental objectives\n\n- The Act must be read and applied consistently with other environmental and water planning laws; the Board must consult and act in conformity with policies under Acts dealing with environment, soil and water (s17(2)(a), s17(3)).  \n- Where actions affect the River Murray or the Murray–Darling Basin, decision-makers must act consistently with the River Murray Act 2003 objectives and may be required to consult and follow directions in designated protection areas (s7A; s43(6); s34(4)).  \n\n# Oversight and transparency\n\n- The Board must prepare and review a publicly consultative management plan annually and submit it to the Minister for approval (s18).  \n- Financial accounts are subject to audit by the Auditor‑General and the Board must report annually to the Minister, who must table the report in Parliament (s23–24).  \n\n# Key statutory references (examples)\n\n- Establishment and capacity of Board: s8.  \n- Licensing private works and penalties: s41–43.  \n- Contribution scheme and charge over land: s39.  \n- Crown ownership of water in works: s37.  \n- Authorised officers’ powers: s51–52.  \n- Ministerial control and power to vest works: s4, s6, s20.  \n- Appeals: s48–49.  \n- Regulations, fees and exemptions: s59.\n\nThis summary describes the Act’s mechanics, the parties who pay and decide under it, the compliance steps imposed on private landholders and operators, and the concrete enforcement and financial effects created by the statute (section references as indicated)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1992 scope. Originally focused on drainage and flood prevention, it has been expanded through amendments to incorporate: (1) environmental management objectives (s 7 now includes enhancement of natural wetlands); (2) integration with River Murray protection frameworks (ss 7A, 18(3a), 34(4), 43(6) added in 2003); (3) interaction with the Upper South East Dryland Salinity and Flood Management Act 2002 (s 5(2)-(5) added 2002); and (4) alignment with landscape planning under the Landscape South Australia Act 2019 (s 17(3) amended 2019). The 2002 amendments also removed the Upper South East from the Board's direct control, transferring those functions to a separate Ministerial authority, fundamentally altering the geographic scope of operations."},"complexity_factors":["Multiple overlapping authorities: The Act creates a dual governance structure with both a state Board and a local Council having separate but coordinated powers, requiring careful delineation of their respective areas (Board's area vs Council's area defined in s 3 and Schedule 2).","Complex electoral arrangements: The Board has 8 members with mixed appointment/election methods – 4 appointed by Governor, 1 nominated by Local Government Association, and 3 elected by landholders from three different electoral zones (Northern, Central, Southern) with specific eligibility criteria (s 9-11).","Extensive cross-referencing with other legislation: The Act interacts with at least 6 other Acts including the River Murray Act 2003, Upper South East Dryland Salinity and Flood Management Act 2002, Landscape South Australia Act 2019, and Public Sector (Honesty and Accountability) Act 1995 (ss 5, 7A, 16, 17(3), 18(3a), 34(4)).","Conditional cost-sharing mechanisms: Section 39 contains a complex formula requiring agreement with 55% of landholders representing 75% of land area before proceeding with funded works, with detailed provisions for apportionment, notices, instalments, and priority charges over land (ss 39-40).","Multiple defined terms: 24 defined terms in the interpretation section (s 3), some with nested definitions (e.g., 'landholder' has different meanings for different purposes).","Transitional and historical baggage: The Act replaces earlier legislation (South-Eastern Drainage Act 1931) and has been amended multiple times (noted in legislative history), with some provisions referring to repealed sections and transitional arrangements in Schedule 6.","Dual delegation frameworks: Both Minister and Board have delegation powers with specific formal requirements (ss 6, 21, 28), and there are restrictions on authorised officers operating across Board/Council boundaries (s 51(3)-(4))."],"plain_english_summary":"**What this law does:**\n\nThis Act sets up a system to manage water and prevent flooding in South Australia's South East region (a specific rural area listed in the schedules). It creates two main bodies to do this work:\n\n- **The South Eastern Water Conservation and Drainage Board** – a state government body that manages water across most of the region.\n- **The District Council of Millicent** – the local council that manages water in its own area (with some exclusions).\n\n**Key things the law covers:**\n\n- **Building and maintaining drains and waterworks:** The Board and Council can construct, alter, and maintain drains, dams, banks, and other structures to control surface water and lower water tables (underground water levels).\n- **Protecting water resources:** Water in these public works belongs to the Crown (the government). People need permission to take water from them.\n- **Licences for private works:** Landholders need a licence to build, alter, or remove private drains or waterworks if it could affect water flow onto neighbouring land or into public systems. Bridges and culverts over public drains also need licences.\n- **Cost-sharing with landholders:** The Board or Council can require landholders who benefit from drainage works to pay a share of the costs. If agreement can't be reached with everyone, the work can still proceed if 55% of affected landholders (representing 75% of the land area) agree. Non-payers can be charged and the debt becomes a charge on their land.\n- **Fencing:** The authorities can fence off drains and drainage reserves to protect them, with adjoining landholders paying half the cost.\n- **Enforcement:** Authorised officers can enter land to inspect works, take measurements, and enforce the law. There are offences for interfering with public waterworks, taking water without permission, or hindering officers.\n- **Appeals:** Decisions about licences, cost contributions, or enforcement notices can be appealed to the Environment, Resources and Development Court.\n\n**Who it affects:**\n\n- Farmers and landholders in the South East (defined by specific \"Hundreds\" – old land divisions listed in the schedules).\n- The District Council of Millicent and its ratepayers.\n- Anyone wanting to build structures affecting water flow in the region.\n\n**Why it matters:**\n\nThe South East of South Australia has unique water management challenges – it's flat, has high water tables, and can suffer from both flooding and waterlogging. This law tries to balance productive agriculture with environmental protection by coordinating drainage across property boundaries, which individual landowners can't do effectively alone. It also ensures that those who benefit from drainage infrastructure contribute to its cost."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/south-eastern-water-conservation-and-drainage-act-1992","history":"/api/acts/south-eastern-water-conservation-and-drainage-act-1992/history","analysis":"/api/acts/south-eastern-water-conservation-and-drainage-act-1992/analysis","conflicts":"/api/acts/south-eastern-water-conservation-and-drainage-act-1992/conflicts","importantCases":"/api/acts/south-eastern-water-conservation-and-drainage-act-1992/important-cases","documents":"/api/acts/south-eastern-water-conservation-and-drainage-act-1992/documents"}}