South Australia regulation

Natural Resources Management (Mallee Prescribed Wells Area) Regulations 2005

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

3/10 complexity

These regulations declare wells in the Mallee Prescribed Wells Area to be “prescribed wells” under the Natural Resources Management Act, by adding named Hundreds and an Area A (GRO Plan No 217/2004) to the former Mallee Proclaimed Area. Affected well owners and operators become subject to the Act’s regulatory regime (reg 4), with the operation of section 124(4) of the Act preserved (reg 6). The instrument also fixes earlier establishment dates and sets prescribed periods that end on the third anniversary of the regulation’s commencement.

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Natural Resources Management (Mallee Prescribed Wells Area) Regulations 2005

South Australia Natural Resources Management (Mallee Prescribed Wells Area) Regulations 2005 under the Natural Resources Management Act 2004

Contents Preamble 1 Short title 2 Commencement 3 Interpretation 4 Declaration of prescribed wells 5 Establishment and prescribed periods 6 Operation of section 124(4) Legislative history

Preamble 1 A proclamation was made pursuant to section 41 of the Water Resources Act 1976 (the 1976 Act) declaring an area of the State to be the Mallee Proclaimed Region for the purposes of that Act (see Gazette 28.07.1983 p205). 2 The proclamation was varied on 9 January 1986 (see Gazette 09.01.1986 p19). 3 Schedule 3, clause 2 of the Water Resources Act 1997 (the 1997 Act) provides that a proclamation under section 41 of the 1976 Act in force immediately before the commencement of the 1997 Act continues in force as if it were a regulation under section 8(1) of the 1997 Act. 4 Schedule 4, clause 54(2) of the Natural Resources Management Act 2004 (the current Act) provides that a regulation in force under section 8 of the 1997 Act (including such a regulation in force by virtue of the operation of Schedule 3 of the 1997 Act) will continue in force and effect as if it were a regulation made under section 125 of the current Act. 5 It is now appropriate to make a regulation under section 125 of the current Act declaring a number of wells situated in a part of the State that is adjacent to the Mallee Proclaimed Region to be prescribed wells. 6 The regulations to be made under the current Act will (among other things) have the effect— (a) of varying the area of the Mallee Proclaimed Region; and (b) of re-naming the whole of that area as the Mallee Prescribed Wells Area in keeping with current practices.

1—Short title These regulations may be cited as the Natural Resources Management (Mallee Prescribed Wells Area) Regulations 2005. 2—Commencement These regulations come into operation on the day on which they are made. 3—Interpretation In these regulations— Act means the Natural Resources Management Act 2004; Mallee Prescribed Wells Area means— (a) the Mallee Proclaimed Area; and (b) the New Area; Mallee Proclaimed Area means the Mallee Proclaimed Region under the proclamations referred to in clauses 1 and 2 of the preamble; New Area means— (a) the area comprising the Hundreds of Bandon, Wilson, Marmon Jabuk, Vincent and Hooper; and (b) the area designated as Area A in GRO Plan No 217/2004. 4—Declaration of prescribed wells Wells situated in the Mallee Prescribed Wells Area and wells drilled in that Area after the commencement of these regulations are declared to be prescribed wells. 5—Establishment and prescribed periods (1) The establishment period in relation to the area comprising the Hundreds of Bandon, Wilson, Marmon Jabuk, Vincent and Hooper commenced on 1 July 2001 and ended at the commencement of the prescribed period in relation to those Hundreds (11 March 2004). (2) The establishment period in relation to the area designated as Area A in GRO Plan No 217/2004 commenced on 1 July 2001 and ended at the commencement of the prescribed period in relation to that area (22 July 2004). (3) The prescribed period in relation to the area comprising the Hundreds referred to in subregulation (1) commenced on 11 March 2004 and will end on the day that coincides with the third anniversary of the commencement of this regulation. (4) The prescribed period in relation to the area designated as Area A referred to in subregulation (2) commenced on 22 July 2004 and will end on the day that coincides with the third anniversary of the commencement of this regulation. 6—Operation of section 124(4) Pursuant to section 124(5) of the Act, the operation of section 124(4) of the Act is not excluded in relation to the prescribed wells declared under regulation 4. Note— Section 155 of the Act has no purpose in respect of that part of the Mallee Prescribed Wells Area that is in the Mallee Proclaimed Area. Legislative history Notes • For 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. Principal regulations Year No Reference Commencement 2005 231 Gazette 27.10.2005 p3833 27.10.2005: r 2

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Natural Resources Management (Mallee Prescribed Wells Area) Regulations 2005

South Australia Natural Resources Management (Mallee Prescribed Wells Area) Regulations 2005 under the Natural Resources Management Act 2004

Contents Preamble 1 Short title 2 Commencement 3 Interpretation 4 Declaration of prescribed wells 5 Establishment and prescribed periods 6 Operation of section 124(4) Legislative history

1—Short title These regulations may be cited as the Natural Resources Management (Mallee Prescribed Wells Area) Regulations 2005. 2—Commencement These regulations come into operation on the day on which they are made. 3—Interpretation In these regulations— Act means the Natural Resources Management Act 2004; Mallee Prescribed Wells Area means— (a) the Mallee Proclaimed Area; and (b) the New Area; Mallee Proclaimed Area means the Mallee Proclaimed Region under the proclamations referred to in clauses 1 and 2 of the preamble; New Area means— (a) the area comprising the Hundreds of Bandon, Wilson, Marmon Jabuk, Vincent and Hooper; and (b) the area designated as Area A in GRO Plan No 217/2004. 4—Declaration of prescribed wells Wells situated in the Mallee Prescribed Wells Area and wells drilled in that Area after the commencement of these regulations are declared to be prescribed wells. 5—Establishment and prescribed periods (1) The establishment period in relation to the area comprising the Hundreds of Bandon, Wilson, Marmon Jabuk, Vincent and Hooper commenced on 1 July 2001 and ended at the commencement of the prescribed period in relation to those Hundreds (11 March 2004). (2) The establishment period in relation to the area designated as Area A in GRO Plan No 217/2004 commenced on 1 July 2001 and ended at the commencement of the prescribed period in relation to that area (22 July 2004). (3) The prescribed period in relation to the area comprising the Hundreds referred to in subregulation (1) commenced on 11 March 2004 and will end on the day that coincides with the third anniversary of the commencement of this regulation. (4) The prescribed period in relation to the area designated as Area A referred to in subregulation (2) commenced on 22 July 2004 and will end on the day that coincides with the third anniversary of the commencement of this regulation. 6—Operation of section 124(4) Pursuant to section 124(5) of the Act, the operation of section 124(4) of the Act is not excluded in relation to the prescribed wells declared under regulation 4. Note— Section 155 of the Act has no purpose in respect of that part of the Mallee Prescribed Wells Area that is in the Mallee Proclaimed Area. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal regulations Year No Reference Commencement 2005 231 Gazette 27.10.2005 p3833 27.10.2005: r 2