What it does
The River Murray Act 2003 establishes a statutory framework for the protection, restoration and enhancement of the River Murray and its ecosystems in South Australia. It does not replace other laws but operates alongside them (section 5(1)). The Act sets out eight objects (section 6) including ensuring all reasonable and practicable measures are taken to protect the River Murray, providing mechanisms to regulate development that may affect it, promoting ecologically sustainable development, and respecting the interests of indigenous peoples. These objects are supported by four categories of statutory objectives known collectively as the Objectives for a Healthy River Murray or ORMs (section 7): river health objectives (maintain key habitat, prevent species extinction, remove migration barriers), environmental flow objectives (reinstate natural flow regimes, keep the Murray mouth open, improve connectivity), water quality objectives (improve quality to sustain ecological processes, minimise salinity and nutrient impacts), and human dimension objectives (adaptive management, community knowledge and participation, recognition of indigenous and historical relationships). The Minister, the Environment Resources and Development Court, and any person or body required to consider the Act must act consistently with and seek to further both the objects and the ORMs (section 8). Central to the Act is a general duty of care (section 23) requiring every person to take all reasonable measures to prevent or minimise harm to the River Murray. The duty is not itself an offence but its breach triggers enforcement through protection orders and reparation orders under Part 8. The Minister has a leadership role in Murray-Darling Basin management (section 9(4)) and specific functions including preparing an Implementation Strategy (Part 5), consulting with relevant bodies and indigenous peoples, reviewing related operational Acts, and enforcing the duty of care. The Act also gives the Minister a gateway role in relation to statutory instruments and applications for statutory authorisations under related operational Acts (section 22), allowing the Minister to impose conditions, require bonds, and extend decision periods. The Governor may designate River Murray Protection Areas by regulation (section 4) and may prohibit or restrict activities within them (section 42(2)). The Act confers powers on authorised officers (sections 13-16) and provides for a range of orders: protection orders, reparation orders, reparation authorisations, and interim restraining orders (sections 24-30). These orders can be registered against land and create charges (sections 31-32). Appeals lie to the Environment Resources and Development Court (section 33). The Act includes robust enforcement provisions including director liability with a reverse onus (section 38), continuing offence penalties (section 37), and extended limitation periods for summary offences (section 37A). A broad immunity provision protects the Minister, Crown, and others from liability for acts done in administering the Act, including changing water flows or inundating land (section 35).