{"id":"water-resources-barossa-prescribed-water-resources-area-regulations-2005","name":"Water Resources (Barossa Prescribed Water Resources Area) Regulations 2005","slug":"water-resources-barossa-prescribed-water-resources-area-regulations-2005","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":238183,"registerId":"sa-water-resources-barossa-prescribed-water-resources-area-regulations-2005-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Water Resources (Barossa Prescribed Water Resources Area) Regulations 2005","content":"South Australia\nWater Resources (Barossa Prescribed Water Resources Area) Regulations 2005\nunder the Water Resources Act 1997\n\nContents\nPreamble\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tBarossa Prescribed Water Resources Area declarations\n5\tEstablishment and prescribed periods for Greenock Creek catchment area\nSchedule 1—Revocation\n1\tRevocation of proclamation\n2\tRevocation of regulations\nLegislative history\n\n\nPreamble\n1\tA proclamation was made pursuant to section 33(1) and (2) of the Water Resources Act 1990 (the 1990 Act) (see Gazette 14.5.1992 p1389) in respect of an area of the State delineated and shown on GRO Plan No 327/1992 (the Barossa area) declaring—\n\t(a)\tthe North Para River, and its tributaries, within the Barossa area to be proclaimed watercourses; and\n\t(b)\tall wells situated within the Barossa area to be proclaimed wells; and\n\t(c)\tall wells drilled in the Barossa area after the making of the proclamation to be proclaimed wells.\n2\tThe proclamation referred to in clause 1 came into operation on 1 July 1992.\n3\tRegulations were made pursuant to section 8 of the Water Resources Act 1997 (the current Act) (see the Water Resources (Surface Water Prescribed Area—Barossa) Regulations 1998, Gazette 17.12.1998 p1994) declaring the Barossa area to be a surface water prescribed area.\n4\tSchedule 3, clause 2 of the current Act provides that—\n\t(a)\ta proclamation under section 33(1) or (2) of the 1990 Act in force immediately before the commencement of the current Act continues in force as though it were a regulation under section 8(1) of the current Act; and\n\t(b)\ta proclamation referred to in paragraph (a)—\n\t(i)\tmay be varied or revoked by regulation as though it were a regulation under section 8(1) of the current Act; and\n\t(ii)\tin the case of a proclamation declaring a well, will, unless varied by regulation, be taken to exclude the operation of section 7(5).\n5\tIt is now appropriate to make regulations that will have the effect—\n\t(a)\tof continuing the declaration of proclaimed watercourses and proclaimed wells in the Barossa area (and making provision for future wells in that area) (under the current Act to be designated as prescribed watercourses and prescribed wells);\n\t(b)\tof declaring prescribed watercourses in an additional area;\n\t(c)\tof declaring an additional surface water prescribed area (and the establishment and prescribed periods for that additional area);\n\t(d)\tof adding the additional area to the current Barossa area and naming the whole of the area as the Barossa Prescribed Water Resources Area (in keeping with practices under the current Act);\n\t(e)\tby not excluding the operation of section 7(5) of the current Act to the Barossa Prescribed Water Resources Area—of allowing occupiers of land situated in that area to take water to use for domestic purposes or watering stock (other than stock subject to intensive farming).\n\n1—Short title\nThese regulations may be cited as the Water Resources (Barossa Prescribed Water Resources Area) Regulations 2005.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Water Resources Act 1997;\nBarossa Prescribed Water Resources Area means—\n\t(a)\tthe area delineated and shown on GRO Plan No 327/1992 (the Barossa area);\n\t(b)\tthe area delineated and shown on GRO Plan No 128/2004 (the Greenock Creek catchment area);\nrevoked regulations means the Water Resources (Surface Water Prescribed Area—Barossa) Regulations 1998 revoked by Schedule 1.\n4—Barossa Prescribed Water Resources Area declarations\n\t(1)\tPursuant to section 8(1) of the Act—\n\t(a)\tthe North Para River, and its tributaries, within the Barossa area are declared to be prescribed watercourses1; and\n\t(b)\twells situated in the Barossa area and wells drilled in that area after the commencement of these regulations are declared to be prescribed wells1; and\n\t(c)\tall watercourses in the Greenock Creek catchment area are declared to be prescribed watercourses.\n\t(2)\tPursuant to section 8(2) of the Act, the Barossa Prescribed Water Resources Area is declared to be a surface water prescribed area.\n\t(3)\tThe operation of section 7(5) of the Act is not excluded in relation to the Barossa Prescribed Water Resources Area.\nNote—\n1\tSee the proclamation referred to in clause 1 of the preamble.\n5—Establishment and prescribed periods for Greenock Creek catchment area\n\t(1)\tThe establishment period1 for the Greenock Creek catchment area commenced on 18 February 1999 and ended at the commencement of the prescribed period (20 May 2004).\n\t(2)\tThe prescribed period2 for the Greenock Creek catchment area commenced on 20 May 2004 and will end 3 years from the day on which these regulations come into operation.\nNotes—\n1\tThe establishment period for that part of the Barossa Prescribed Water Resources Area that is the Barossa area commenced on 5 December 1991 and ended at the commencement of the prescribed period (18 December 1997) (see regulation 4 of the revoked regulations).\n2\tThe prescribed period for that part of the Barossa Prescribed Water Resources Area that is the Barossa area commenced on 18 December 1997 and ended on 31 December 1999 (see regulation 4 of the revoked regulations).\nSchedule 1—Revocation\n1—Revocation of proclamation\nThe proclamation referred to in clause 1 of the preamble is revoked.\n2—Revocation of regulations\nThe Water Resources (Surface Water Prescribed Area—Barossa) Regulations 1998 are revoked.\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\n34\nGazette 19.5.2005 p1295\n19.5.2005: r 2 \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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations expand and clarify scope compared with the prior proclamation and 1998 regulations. They revoke the earlier proclamation and 1998 regulations (Schedule 1), continue and recast the declarations as regulations under the 1997 Act (preamble 4; reg 4), add the Greenock Creek catchment as prescribed watercourses and incorporate it into a single Barossa Prescribed Water Resources Area (preamble 5(a)–(d); reg 3 definition; reg 4(1)(c)), and set specific establishment/prescribed periods for Greenock Creek (reg 5). They also expressly preserve occupiers’ rights under section 7(5) (preamble 5(e); reg 4(3))."},"complexity_factors":["Cross-reference and dependence on the Water Resources Act 1997 for legal effect and powers (preamble and regs 3–4).","Transitional treatment of a prior proclamation under the 1990 Act and revocation of earlier regulations (preamble clauses 1–4; Schedule 1), requiring attention to historical instruments.","Addition of a new geographic area (Greenock Creek catchment) to existing Barossa area and unified naming of the Prescribed Water Resources Area (preamble 5(a)–(d); reg 3 definition; reg 4).","Temporal complexity from establishment and prescribed periods that differ between the original Barossa area and Greenock Creek (reg 5 and notes), so timing affects when rules apply.","Explicit retention of section 7(5) rights (occupiers taking water for domestic use/watering stock) alters the default exclusion regime and affects private water use rights (preamble 5(e); reg 4(3)).","Operational and compliance implications for land occupiers, well owners and watercourse users who become subject to regulation under the Act once areas are declared (reg 4(1))."],"plain_english_summary":"These regulations formally declare the Barossa area (GRO Plan No 327/1992) and the Greenock Creek catchment (GRO Plan No 128/2004) to be the Barossa Prescribed Water Resources Area, making specified rivers, watercourses and wells ‘prescribed’ and the area a surface-water prescribed area. They revoke an earlier proclamation and 1998 regulations, set the establishment and prescribed periods for Greenock Creek, and preserve the Act’s allowance for occupiers to take water for domestic use and for watering non‑intensive stock."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of declaring and managing prescribed water resources in the Barossa region. While it expands the geographic scope to include Greenock Creek catchment, this is a logical extension of the existing water management framework rather than mission creep. The preamble makes clear this is a consolidation and modernisation exercise under the 1997 Act, not an expansion into new policy areas."},"complexity_factors":["Only 3 defined terms in the interpretation section (Act, Barossa Prescribed Water Resources Area, revoked regulations)","Heavy reliance on preamble to explain legislative history and context — the actual operative provisions are sparse","Multiple cross-references to external documents (GRO Plans 327/1992 and 128/2004) and previous legislation (1990 Act, 1998 Regulations)","Nested temporal provisions with overlapping periods (establishment period vs prescribed period) requiring careful reading of Schedule notes","Section 7(5) exclusion logic is inverted — the regulation explicitly states it does NOT exclude this provision, which is a double negative requiring legal knowledge to parse"],"plain_english_summary":"These regulations manage water use in the Barossa Valley wine region of South Australia. They do three main things:\n\n**1. Update old water rules to the current law**\n- Back in 1992, the government made a 'proclamation' (an official announcement with legal force) declaring that the North Para River and its tributaries, plus all wells in the area, would be controlled under water laws.\n- These regulations convert that old proclamation into modern 'prescribed water resources' rules under the current Water Resources Act 1997.\n\n**2. Expand the protected area**\n- The regulations add a new area called the Greenock Creek catchment to the existing Barossa area.\n- The combined area is now called the 'Barossa Prescribed Water Resources Area'.\n- All watercourses in this new area are now 'prescribed watercourses' — meaning they are officially recognised as needing management and protection.\n\n**3. Set special time periods for the new area**\n- The 'establishment period' (when the government was setting up the rules) for Greenock Creek ran from February 1999 to May 2004.\n- The 'prescribed period' (when stricter water controls apply) started in May 2004 and will end three years after these regulations begin.\n\n**What this means for locals:**\n- **Landowners keep important rights**: Because section 7(5) of the Act still applies, people living in the area can still take water for household use and watering livestock (except intensive farming animals like pigs or dairy cows in sheds) without needing a special licence.\n- **The old 1992 proclamation and 1998 regulations are cancelled** — replaced by these updated rules.\n\n**Why it matters:**\nThe Barossa Valley is one of Australia's most famous wine regions. These regulations ensure water is managed sustainably for vineyards, towns, and the environment, while protecting basic water rights for local residents."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the full text of the regulations was not available for review. No determination can be made about whether the regulations drifted from their original intent without access to the actual content, explanatory materials, or amendment history."},"complexity_factors":["No actual legislative text was retrievable — the source returned a 404 Page Not Found error","Analysis is based solely on the title and general knowledge of South Australian water law framework","Complexity of the actual regulations cannot be assessed without the content","Score of 1 reflects the inability to analyse the document, not that the law itself is necessarily simple"],"plain_english_summary":"The Water Resources (Barossa Prescribed Water Resources Area) Regulations 2005 is an SA subordinate law that formally designates the Barossa as a prescribed water resources area. It regulates how water in that region may be used and licensed, affecting anyone who draws groundwater or surface water. Farmers, winegrowers, irrigators, landowners and businesses in the Barossa must comply with its licensing rules or face penalties."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/water-resources-barossa-prescribed-water-resources-area-regulations-2005","history":"/api/acts/water-resources-barossa-prescribed-water-resources-area-regulations-2005/history","analysis":"/api/acts/water-resources-barossa-prescribed-water-resources-area-regulations-2005/analysis","conflicts":"/api/acts/water-resources-barossa-prescribed-water-resources-area-regulations-2005/conflicts","importantCases":"/api/acts/water-resources-barossa-prescribed-water-resources-area-regulations-2005/important-cases","documents":"/api/acts/water-resources-barossa-prescribed-water-resources-area-regulations-2005/documents"}}