Sch 4entitlement means—

Schedule 4 entitlement means— (b) a water access entitlement (or part of a water access entitlement); or (c) a forest water licence; or (d) a water allocation (or part of a water allocation); or (e) a delivery capacity entitlement; security interest means a mortgage or charge over, or other arrangement of a kind prescribed by the regulations in respect of, a water management authorisation or a forest water licence that secures the payment of a debt or the performance of some other obligation under a contract or other legally enforceable arrangement; sell includes— (a) barter, offer or attempt to sell; and (b) receive for sale; and (c) have in possession for sale; and (d) cause or permit to be sold or offered for sale; and (e) send, forward or deliver for sale; and (f) dispose of by any method for valuable consideration; and (g) dispose of to an agent for sale on consignment; and (h) sell for the purposes of resale; site use approval means a site use approval issued under Part 8 Division 3 Subdivision 4; site value means site value as defined in the Valuation of Land Act 1971; spouse—a person is the spouse of another if they are legally married; State includes any part of the sea— (a) that is within the limits of the State; or (b) that is from time to time included in the coastal waters of the State by virtue of the Coastal Waters (State Powers) Act 1980 of the Commonwealth; State Landscape Strategy means the strategy prepared under Part 3; stormwater infrastructure means infrastructure established for the purposes of stormwater management; surface water means— (a) water flowing over land (except in a watercourse)— (i) after having fallen as rain or hail or having precipitated in any other manner; or (ii) after rising to the surface naturally from underground; or (b) water of the kind referred to in paragraph (a) that has been collected in a dam or reservoir; or (c) water of the kind referred to in paragraph (a) that is contained in any stormwater infrastructure; or (d) in relation to a surface water prescribed area—water in a prescribed watercourse if the watercourse, or a particular part of a watercourse, is declared by a water allocation plan as forming part of the surface water prescribed area; surface water prescribed area means a part of the State declared to be a surface water prescribed area under section 101 (including, if relevant, any stormwater infrastructure within that area); to take water from a water resource includes— (a) to take water by pumping or syphoning the water; and (b) to stop, impede or divert the flow of water over land (whether in a watercourse or not) for the purpose of collecting the water; and (c) to stop, impede or direct the flow of water in any stormwater infrastructure for the purpose of collecting the water, or to extract any water from stormwater infrastructure; and (d) to divert the flow of water in a watercourse from the watercourse; and (e) to release water from a lake; and (f) to permit water to flow under natural pressure from a well; and (g) to permit stock to drink from a watercourse, a natural or artificial lake, a dam or reservoir; and (h) to cause, permit or suffer any activity referred to in a preceding paragraph; underground water means— (a) water occurring naturally below ground level; or (b) water pumped, diverted or released into a well for storage underground; vehicle includes any— (a) vessel or craft; and (b) plant or equipment designed to be moved or operated by a driver; water access entitlement—see section 121(2); water affecting activities control policy means a water affecting activities control policy prepared by a regional landscape board under section 102; water allocation— (a) in respect of a water licence, means an allocation of water under the terms of the licence in accordance with Part 8 Division 3 Subdivision 2 and includes, if the context so requires, a component or part of such an allocation, or the water available in connection with the entitlement; and (b) in respect of an Interstate Water Entitlements Transfer Scheme, means an allocation of water under the terms of that scheme and the provisions of Part 8 Division 3 Subdivision 2 and includes, if the context so requires, a component or part of such an allocation, or the water available in connection with the entitlement; and (c) in respect of water taken pursuant to an authorisation under section 105 means the maximum quantity of water that can be taken and used pursuant to the authorisation; and (d) in respect of a forest water licence means the water allocation attached to the licence; water allocation plan means a water allocation plan prepared under Part 4 Division 2; watercourse means a river, creek or other natural watercourse (whether modified or not) in which water is contained or flows whether permanently or from time to time and includes— (a) a dam or reservoir that collects water flowing in a watercourse; and (b) a lake through which water flows; and (c) a channel (but not a channel declared by regulation to be excluded from the ambit of this definition) into which the water of a watercourse has been diverted; and (d) part of a watercourse; and (e) an estuary through which water flows; and (f) any other natural resource, or class of natural resource, designated as a watercourse for the purposes of this Act by a regional landscape plan, a water allocation plan or a water affecting activities control policy; water levy means a levy declared under section 76; water licence means a licence granted by the Minister under section 121; water management authorisation means— (b) a water allocation; or (c) a site use approval; or (d) a water resource works approval; or (e) a delivery capacity entitlement; The Water Register—see section 241; water resource means a watercourse or lake, surface water, underground water, stormwater (to the extent that it is not within a preceding item) and effluent; water resource works approval means a water resource works approval issued under Part 8 Division 3 Subdivision 3; well means— (a) an opening in the ground excavated for the purpose of obtaining access to underground water; or (b) an opening in the ground excavated for some other purpose but that gives access to underground water; or (c) a natural opening in the ground that gives access to underground water; wetland means an area that comprises land that is permanently or periodically inundated with water (whether through a natural or artificial process) where the water may be static or flowing and may range from fresh water to saline water and where the inundation with water influences the biota or ecological processes (whether permanently or from time to time) and includes any other area designated as a wetland— (a) by a regional landscape plan, a water allocation plan or a water affecting activities control policy; or (b) by the Planning and Design Code under the Planning, Development and Infrastructure Act 2016, but does not include— (c) a dam or reservoir that has been constructed by a person wholly or predominantly for the provision of water for primary production or human consumption; or (d) an area within an estuary or within any part of the sea; or (e) an area excluded from the ambit of this definition by the regulations; works means— (a) dams or reservoirs; (b) wells or channels; (c) pumps, pumping stations, pipes or tanks; (d) drains, machinery or other plant or equipment; (e) other forms of structures or apparatus; (f) other items brought within the ambit of this definition by the regulations, whether on, above or under land, but does not include any items excluded from the ambit of this definition by the regulations. (2) For the purposes of this Act, a landscape or landscapes comprise— (a) natural and physical features, including coasts and seas; and (b) natural resources; and (c) human values and uses related to interaction with the environment, including environmental, social, cultural and economic values. (3) For the purposes of this Act— (a) a reference to land in the context of the physical entity includes all aspects of land, including the soil, organisms and other components and ecosystems that contribute to the physical state and environmental, social, cultural and economic value of land; and (b) a reference to a water resource includes all aspects of a water resource, including the water, organisms and other components and ecosystems that contribute to the physical state and environmental, social, cultural and economic value of a water resource. (4) For the purposes of this Act— (a) a reference to a watercourse is a reference to either— (i) the bed and banks of the watercourse (as they may exist from time to time); or (ii) the water for the time being within the bed and banks of the watercourse (as they may exist from time to time), or both, depending on the context; (b) a reference to a lake is a reference to either— (i) the bed, banks and shores of the lake (as they may exist from time to time); or (ii) the water for the time being held by the bed, banks and shores of the lake (as they may exist from time to time), or both, depending on the context. (5) For the purposes of this Act, a reference to an estuary may include, according to the context, a reference to— (a) any ecosystem processes or biodiversity associated with an estuary; and (b) estuarine habitats adjacent to an estuary. (6) A reference in this Act to varying a water management authorisation (in any of its forms) includes a reference to varying the conditions attached to the particular water management authorisation. (7) The conditions of an authorisation or permit under this Act may be varied by the addition, substitution or deletion of 1 or more conditions. (8) For the purposes of this Act, native vegetation is cleared (or would be cleared) if the relevant activity constitutes (or would constitute) clearance of the native vegetation under the Native Vegetation Act 1991. (9) A regulation, regional landscape plan, water allocation plan or water affecting activities control policy, or the Planning and Design Code under the Planning, Development and Infrastructure Act 2016, may make a designation for the purposes of a definition under this section by the use of a map or maps prescribed by the regulation or included in the plan (as the case may be). (10) For the purposes of this Act, a person is an associate of another if— (a) they are partners; or (b) one is a spouse, domestic partner, parent or child of another; or (c) they are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or (d) one is a body corporate or other entity (whether inside or outside Australia) and the other is a director or member of the governing body of the body corporate or other entity; or (e) one is a body corporate or other entity (whether inside or outside Australia) and the other is a person who has a legal or equitable interest in 5% or more of the share capital of the body corporate or other entity; or (f) they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or (g) a chain of relationships can be traced between them under any one or more of the preceding paragraphs. (11) For the purposes of subsection (10), a beneficiary of a trust includes an object of a discretionary trust. 4—Interaction with other Acts (1) Except where the contrary intention is expressed in this or any other Act, this Act is in addition to and does not limit or derogate from the provisions of any other Act. (2) This Act is subject to the following Acts and agreements: (a) the Murray‑Darling Basin Agreement; (b) the Border Groundwater Agreement (as amended from time to time) approved by the Groundwater (Border Agreement) Act 1985; (c) the Lake Eyre Basin Intergovernmental Agreement (as amended from time to time) ratified and approved under the Lake Eyre Basin (Intergovernmental Agreement) Act 2001; (d) the indenture (as amended from time to time) ratified and approved by the Roxby Downs (Indenture Ratification) Act 1982. (3) Section 8 and Part 7 do not apply in relation to any minerals or other substances or facilities administered under a Mining Act, or any activity conducted under a tenement granted under a Mining Act. 5—Territorial and extra-territorial operation of Act (1) Subject to this section, this Act applies to the whole of the State. (2) The Governor may, by regulation, exclude a part of the State from the operation of this Act, or specified provisions of this Act. (3) This Act extends to an activity or circumstance undertaken or existing outside the State that may affect the natural resources of the State. (4) This Act may also apply so as to give effect within the State or outside the State to any intergovernmental agreement relevant to the operation of this Act to which the State is a party. 6—Act binds Crown (1) This Act binds the Crown in right of this State and also, so far as the legislative power of the State extends, the Crown in all its other capacities, but not so as to impose any criminal liability on the Crown. (2) Without limiting or derogating from subsection (1), all agencies and instrumentalities of the Crown must endeavour, as far as practicable, to act consistently with the State Landscape Strategy and other relevant plans under this Act.