{"id":"water-resources-lower-limestone-coast-prescribed-wells-area-regulations-2004","name":"Water Resources (Lower Limestone Coast Prescribed Wells Area) Regulations 2004","slug":"water-resources-lower-limestone-coast-prescribed-wells-area-regulations-2004","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":238216,"registerId":"sa-water-resources-lower-limestone-coast-prescribed-wells-area-regulations-2004-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Water Resources (Lower Limestone Coast Prescribed Wells Area) Regulations 2004","content":"South Australia\nWater Resources (Lower Limestone Coast Prescribed Wells Area) Regulations 2004\nunder section 8 of the Water Resources Act 1997\n\nContents\nPreamble\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tDeclaration of prescribed wells and operation of section 7(5)\nLegislative history\n\n\nPreamble\n1\tA proclamation was made pursuant to section 41 of the Water Resources Act 1976 (the 1976 Act) (see Gazette 9.1.1986 p19) declaring—\n\t(a)\tan area of the State to be the Comaum-Caroline Proclaimed Region; and\n\t(b)\tan area of the State to be the Naracoorte Ranges Proclaimed Region,\nfor the purposes of that Act.\n2\tA proclamation was made pursuant to section 33(2) of the Water Resources Act 1990 (the 1990 Act) (see Gazette 1.7.1993 p96) in respect of the area (other than the area previously declared to be a proclaimed region)¹ comprising the Hundreds of Naracoorte and Robertson declaring—\n\t(a)\tall wells situated in the area; and\n\t(b)\tall wells drilled in the area after the making of the proclamation,\nto be proclaimed wells.\n1\tSee the proclamation referred to in clause 1.\n3\tA proclamation was made pursuant to section 33(2) of the 1990 Act (see Gazette 20.3.1997 p1293) declaring an area of the State to be the Lacepede Kongorong Proclaimed Wells Area.\n4\tSchedule 3, clause 2 of the Water Resources Act 1997 (the current Act) provides—\n\t(a)\tthat a proclamation under section 33(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)\tin the case of a proclamation under section 41 of the 1976 Act in force immediately before the commencement of the current Act—that the proclamation continues in force as though it declared the existing and future wells in its Proclaimed Region to be prescribed wells; and\n\t(c)\tthat a proclamation referred to in paragraph (a) or (b)—\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 a regulation under section 8 of the current Act that will have the effect—\n\t(a)\tof amalgamating the areas referred to in clauses 1 to 3; and\n\t(b)\tof re-naming the amalgamated area as the Lower Limestone Coast Prescribed Wells Area (in keeping with practices under the current Act); and\n\t(c)\tby removing the exclusion of the operation of section 7(5) of the current Act, of allowing occupiers of land situated in the Lower Limestone Coast Prescribed Wells Area to take water from a well that is on the land to use for domestic purposes or for watering stock (other than stock subject to intensive farming).\n6\tThere is no need for a regulation to be made prescribing an establishment period or a prescribed period for the purposes of section 36 of the current Act in relation to the declaration of the Lower Limestone Coast Prescribed Wells Area, as the Lower Limestone Coast Prescribed Wells Area is simply the result of amalgamating currently existing prescribed wells areas.\n\n1—Short title\nThese regulations may be cited as the Water Resources (Lower Limestone Coast Prescribed Wells Area) Regulations 2004.\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;\nLower Limestone Coast Prescribed Wells Area means the area bounded by the bold black line on GRO Plan No 171/2004.\n4—Declaration of prescribed wells and operation of section 7(5)\n\t(1)\tPursuant to section 8 of the Act, wells situated in the Lower Limestone Coast Prescribed Wells Area and wells drilled in that area after the commencement of these regulations are declared to be prescribed wells.\n\t(2)\tThe operation of section 7(5) of the Act is not excluded in relation to any such prescribed well.\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\n2004\n246\nGazette 2.12.2004 p4462\n2.12.2004: r 2 \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent, as the legislative text was not retrievable. No comparison between original and current provisions could be made."},"complexity_factors":["Legislation text was completely unavailable due to a broken/outdated URL returning a 404 Page Not Found error","Only the title of the instrument could be analysed — no provisions, schedules, definitions or operative content were accessible","Complexity score reflects absence of content rather than simplicity of the law itself; the actual regulations may be significantly more complex"],"plain_english_summary":"This South Australian regulation governs groundwater in the Lower Limestone Coast Prescribed Wells Area, imposing special controls on well/bore water use—who can take water, likely limits and licensing requirements. It targets farmers, irrigators, landowners, local businesses and water authorities. It matters because it allocates and protects a scarce regional groundwater resource."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: amalgamating existing prescribed wells areas and updating administrative arrangements. The scope has not expanded beyond this technical consolidation."},"complexity_factors":["Extremely short: only 4 operative clauses plus preamble","Single defined term ('Lower Limestone Coast Prescribed Wells Area') referring to a map (GRO Plan No 171/2004)","No nested exceptions or conditional logic—section 4 contains two straightforward subsections","No cross-references to other legislation beyond the parent Act (Water Resources Act 1997)","Preamble is historical narrative rather than operative law, adding context but not complexity","Legislative history table is purely administrative"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations create a single, unified water management zone in South Australia's southeast called the **Lower Limestone Coast Prescribed Wells Area**. They merge three older, separate water control areas (the Comaum-Caroline region, the Naracoorte Ranges region, and the Lacepede Kongorong area) into one.\n\n**Who it affects:**\n\n- **Landowners and occupiers** in the Lower Limestone Coast region who have wells on their property\n- **Farmers and rural residents** who rely on groundwater for domestic use or watering livestock\n- **Future well drillers** in the area, who will now fall under this single regulatory framework\n\n**Why it matters:**\n\nBefore these regulations, the area was covered by a patchwork of old proclamations dating back to 1986 and 1993. This legislation:\n\n- **Simplifies administration** by replacing multiple overlapping rules with one clear set\n- **Protects basic water rights** by explicitly allowing land occupiers to use well water for **domestic purposes** (household use) and **stock watering** (watering animals, except those in intensive farming like feedlots) without needing a special permit\n- **Modernises the naming** to match current practices under the Water Resources Act 1997\n\nThe key practical effect is in **section 4(2)**: by stating that section 7(5) of the Act \"is not excluded,\" the regulations preserve a legal exemption that lets rural property owners use their own well water for basic needs without applying for a water licence."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulation changes scope from the earlier proclamations by amalgamating several proclaimed areas and treating existing and future wells within the new boundary as prescribed wells (Preamble ¶¶1–3; Reg 3; Reg 4(1)). Crucially, it removes the prior exclusion of section 7(5) so occupiers may take water from wells on their land for domestic use and non‑intensive stock (Preamble ¶5(c); Reg 4(2)). The decision‑making and any further limits remain under the Water Resources Act, so affected land occupiers gain permissions but also inherit the Act’s compliance and administrative controls (Preamble ¶4; Schedule 3, cl.2)."},"complexity_factors":["Legal effect is mainly declaratory and territorial: amends which wells are ‘prescribed’ rather than creating new operational rules (Reg 4(1)).","Interacts with historical proclamations and transitional treatment under Schedule 3, cl.2 of the Act (Preamble ¶4), requiring attention to prior instruments.","Relies on an external cadastral plan (GRO Plan No 171/2004) to define boundaries (Reg 3 definition), so practical effect depends on that map.","Removes a previous exclusion of s7(5) (Reg 4(2)), which changes user permissions but does not itself set management limits—operational detail remains in the Act.","Short, formal text with little administrative detail reduces procedural complexity but transfers implementation work to the existing Act framework."],"plain_english_summary":"This regulation formally combines earlier proclaimed groundwater areas into a single Lower Limestone Coast Prescribed Wells Area (shown on GRO Plan No 171/2004), declares existing and future wells there to be “prescribed wells,” and removes a prior exemption so occupiers may take water from wells on their land for domestic use and for watering non‑intensive stock. It primarily affects land occupiers and local water users by changing permitted on‑farm water access while leaving regulatory oversight and any broader limits under the Water Resources Act in place."}},"importantCases":[],"_links":{"self":"/api/acts/water-resources-lower-limestone-coast-prescribed-wells-area-regulations-2004","history":"/api/acts/water-resources-lower-limestone-coast-prescribed-wells-area-regulations-2004/history","analysis":"/api/acts/water-resources-lower-limestone-coast-prescribed-wells-area-regulations-2004/analysis","conflicts":"/api/acts/water-resources-lower-limestone-coast-prescribed-wells-area-regulations-2004/conflicts","importantCases":"/api/acts/water-resources-lower-limestone-coast-prescribed-wells-area-regulations-2004/important-cases","documents":"/api/acts/water-resources-lower-limestone-coast-prescribed-wells-area-regulations-2004/documents"}}