Water Resources (Far North Prescribed Wells Area) Regulations 2003

The Regulations operate through a small number of legal concepts and cross‑references to the Water Resources Act 1997. Those concepts drive what changes for rights-holders and for administrators.

Prescribed well (regulation 4(1))

• The principal substantive device is the designation of wells in the Far North Prescribed Wells Area as “prescribed wells”. The Regulations declare, pursuant to section 8 of the Act, that existing wells in the mapped area and wells drilled there after commencement are prescribed wells. The label “prescribed well” is a status under the Act; the Regulations do not restate the Act’s content for prescribed wells, they only bring particular wells within that statutory category.

Exclusion of section 7(5) (regulation 4(2))

• The Regulations use the Act’s own mechanism (section 7(6)) to exclude the operation of section 7(5) of the Act in relation to the declared prescribed wells. The text of the Regulations does not reproduce section 7(5) or describe its substance; it records that the default operation of that subsection will not apply to these wells. This is a targeted modification of how the Act applies in the area.

Area definition by plan (regulation 3)

• The Far North Prescribed Wells Area is defined by reference to GRO Plan No 593/2001. The boundary is the bold black line on that plan. The Regulations thus rely on a plan-based spatial definition rather than textual description; determining whether a specific well sits inside the area therefore requires examination of the specified plan.

Temporal parameters for section 36 (regulation 5)

• The Regulations set dates for two periods important to the Act’s operation: an establishment period and a prescribed period. They declare that the establishment period ran from 1 January 1995 and ended at the commencement of the prescribed period; the prescribed period ran from 20 December 2001 and will end on 30 December 2005. These dates operate “for the purposes of section 36 of the Act” and therefore interact with whatever legal consequences section 36 provides.

Repeal/revocation (Schedule)

• The Schedule revokes two proclamations (one under the Water Resources Act 1976 that declared Curdimurka Proclaimed Region, the other under the Water Resources Act 1990 that specified Muloorina Proclaimed Wells Area) and revokes the Water Resources (Roxby Downs Exemption) Regulations 1997. The Preamble explains that doing so will render the older declarations otiose while leaving Special Water Licences intact.

Interaction with the Indenture and Special Water Licences (Preamble)

• The Preamble records a statutory and contractual context: the Indenture, ratified by the Roxby Downs (Indenture Ratification) Act 1982, provided for Special Water Licences to the Joint Venturers and for proclamation of wells in designated areas. The Regulations acknowledge that the Special Water Licences already granted (and those granted under the Indenture after commencement) are unaffected by the Regulations (Preamble para 7).

Regulatory source and commencement (regulation 2)

• The Regulations are an exercise of the regulation-making power in the Act (explicit at regulation 4(1) citing section 8) and commence immediately when made, which means the legal effects are instantaneous from the date of making.

These are the primary legal levers in the instrument: spatial inclusion by plan, status change to “prescribed well”, temporal calibration of statutory periods relevant to s36, targeted exclusion of an Act subsection, and revocation of previous proclamations and an exemption regulation. The Regulations do not restate the operative content of the referenced Act provisions; they invoke and apply the Act’s machinery to a geographically-defined set of wells.

The Regulations affect a discrete set of parties by changing the legal status of wells and by removing prior proclamations and a subordinate exemption regulation. The instrument itself names certain actors and implies effects for others; all claims below are grounded in the Regulations’ text.

Directly affected by the prescribed-well declaration (regulation 4(1))

• Owners or operators of wells located within the boundary shown on GRO Plan No 593/2001 are directly affected: those wells are declared to be prescribed wells. The declaration also captures wells drilled in that area after commencement. The regulation therefore affects both existing and prospective well owners/operators in that mapped area.

Joint Venturers and Special Water Licence holders (Preamble)

• The Preamble recites that Special Water Licences were granted under the Indenture to the Joint Venturers in respect of designated areas (Curdimurka and Muloorina), and that those areas were previously proclaimed under earlier water Acts. The Preamble then expressly states the Regulations “will have no effect on the operation of the Special Water Licences referred to above or on any Special Water Licence granted to the Joint Venturers under the Indenture after the commencement of the regulations.” Therefore, holders of those Special Water Licences are explicitly preserved from operational effect by this instrument, even though the underlying proclamations are revoked (Preamble para 7).

Parties who relied on the revoked proclamations or the Roxby Downs Exemption Regulations

• The Schedule revokes the earlier proclamations (Curdimurka and Muloorina) and the Water Resources (Roxby Downs Exemption) Regulations 1997. Anyone whose rights, obligations or exemptions rested on those instruments may be affected, because those instruments are formally revoked. The Preamble indicates that the revocations are intended to make the earlier proclamations otiose; for exemptions, the revocation of the 1997 Regulations will remove that subordinate instrument. The Regulations do not re‑enact the text of the revoked instruments; affected parties must therefore check whether the Act together with these Regulations now controls their activities.

Regulators and administrators

• The agency responsible for administering the Water Resources Act 1997 (not named in the Regulations) is affected operationally: it must treat the specified wells as prescribed wells, apply the exclusion of section 7(5) in the area, and apply the establishment/prescribed period dates set in regulation 5 when exercising powers under section 36. The spatial definition by GRO Plan No 593/2001 imposes an administrative mapping task to identify included wells.

Prospective developers and drillers

• Because regulation 4(1) covers wells drilled after commencement, firms or individuals considering drilling wells in the mapped area are affected at the decision-making stage: the new wells will immediately be prescribed wells on drilling.

Other water users in the region

• The Regulations’ effect on broader water users is indirect but potentially material. By changing the legal status of wells within the mapped boundary and modifying the operation of the Act in respect of those wells, the Regulations will change how water resources in that area are governed under the Act. The Regulations do not define the additional rights/obligations that attach to prescribed wells; to understand the practical consequences (for example licensing, reporting, allocation or restrictions) affected parties must consult the Water Resources Act 1997 itself.

Geographic certainty and holders of land titles

• The location-based definition keyed to GRO Plan No 593/2001 means landowners and title holders must examine that plan to determine whether their land and any wells upon it fall within the prescribed area.

Who pays and who decides

• The Regulations were made by the State under the Act (regulation 4 invokes section 8) and commence on the day made (regulation 2). The State (through the relevant Minister/administrative authority) is the decision-maker that brought these wells within the prescribed-well regime. The primary economic burden falls on owners/operators of wells that are newly captured by the prescribed-well status and on any parties that relied on the now-revoked 1997 exemption regulation or the older proclamations.

In sum, affected parties include owners/operators of existing and future wells within the mapped boundary; holders of Special Water Licences (who are expressly preserved from operational effect); those who had relied on the revoked instruments; administrative bodies charged with implementing the Act; and prospective drillers and other local water users who must now treat these wells as prescribed wells under the Act.

The Regulations themselves are short and primarily change legal status and temporal parameters; they do not restate the substantive duties and rights that apply to prescribed wells under the Water Resources Act 1997. Nonetheless, the Regulations create legal triggers that bring the Act’s duties and rights into play and modify the application of one specific subsection. The following sets out, based strictly on the Regulations, what duties and rights are created, altered or preserved and what further steps are necessary to identify the operative obligations.

Primary duty created: brought within the Act’s prescribed-well regime (regulation 4(1))

• By declaring wells in the designated area to be prescribed wells, the Regulations subject those wells to the provisions of the Water Resources Act 1997 that apply to prescribed wells. The Regulations do not re‑state those Act provisions. Therefore, to identify the specific duties (for example licensing, reporting, measurement, or restrictions) that now attach to these wells, one must consult the Act’s provisions that define the legal consequences of being a prescribed well. The Regulations operate as the Act’s enabling mechanism (they are made pursuant to s8, as noted in regulation 4(1)).

Targeted exemption from section 7(5) (regulation 4(2))

• The Regulations exclude the operation of section 7(5) of the Act in relation to these prescribed wells by relying on section 7(6) of the Act. The Regulations do not specify the content of s7(5); they record that whatever operation s7(5) would have had for these wells, it is excluded. As a result, rights or duties that would have arisen from s7(5) do not arise for these declared wells. Conversely, any rights or duties that derive from s7(6)’s capacity to exclude s7(5) are exercised. Readers must refer to the Act for the substance of s7(5) and s7(6).

Temporal parameters relevant to section 36 (regulation 5)

• The Regulations fix the establishment period as 1 January 1995 up to the commencement of the prescribed period, and the prescribed period as 20 December 2001 to 30 December 2005, expressly “for the purposes of section 36 of the Act.” The practical effect is that any rights, duties, licensing windows or statutory consequences that section 36 conditions on those defined periods will apply using these dates. The Regulations therefore allocate temporal windows that the Act then uses to determine entitlements or obligations. The Regulations do not itself enumerate or alter the underlying legal effects that section 36 confers; it supplies the temporal parameters for that section.

Preservation of Special Water Licences (Preamble para 7)

• The Preamble expressly states that the Regulations do not affect the operation of Special Water Licences already granted under the Indenture, nor any Special Water Licence granted to the Joint Venturers under the Indenture after commencement. That is a preservation of the operational effect of those licences, so any rights or duties arising under those Special Water Licences continue to apply as before.

Consequences of revocation (Schedule)

• The Schedule revokes prior proclamations and the Roxby Downs Exemption Regulations 1997. Where duties or rights accrued directly from those instruments, those instruments will no longer be operative. The Preamble says that earlier declarations are made otiose by the Regulations; for Special Water Licences, however, the operative effect remains unaffected. Parties must therefore check whether they had any entitlements or statutory exceptions rooted exclusively in the revoked instruments; those will have ceased to exist on revocation.

Administrative duties

• Administrators of the Act will have to implement the change in status for the wells within the defined map, apply the exclusion of s7(5), and use the supplied dates when acting under s36. The Regulations place an administrative duty on the regulator to treat the defined wells as prescribed wells and to adjust any records, application procedures or enforcement priorities accordingly.

Unstated but implied action points (practical, not substantive)

• Affected owners/operators need to determine whether their well is inside the GRO Plan No 593/2001 area, and if so, ascertain what the Act requires of prescribed wells (licences, registration, reporting etc.) by consulting the Act. The Regulations do not provide procedural steps within themselves.

In short, the Regulations create status-based triggers (becoming a prescribed well) and temporal anchors (establishment and prescribed periods) that bring the substantive duties and rights in the Water Resources Act 1997 into operation for the specified wells. They also explicitly preserve existing Special Water Licences from operational change and remove prior proclamations and an exemption regulation, which may terminate entitlements or exemptions that depended on those earlier instruments.

The Regulations do not themselves create offences, penalties, or an enforcement regime. They operate as a status and temporal adjustment instrument within the Water Resources Act 1997 framework. Nonetheless, the Regulations alter the set of wells to which the Act’s enforcement and penalty provisions may apply, so their enforcement significance is indirect but concrete.

No penalties in the Regulations

• The text of the Regulations contains no penalty clauses, infringement provisions, or criminal/civil sanctioning mechanisms. It performs declaratory and revocatory functions only (see regulation 4 and the Schedule). Any sanctioning effect must therefore be traced to the Act.

Shifts in enforcement scope via prescribed-well status (regulation 4(1))

• By bringing additional wells within the Act’s prescribed-well category, the Regulations expand the set of installations to which the Act’s enforcement tools, penalties and regulatory sanctions potentially apply. The Regulations thus change who can be subject to enforcement under the Act, but they do not themselves modify enforcement powers or penalty levels. To identify the actual penalties and enforcement mechanisms that will now be available for acts or omissions relating to those wells, consult the Water Resources Act 1997.

Exclusion of s7(5) (regulation 4(2)) and enforcement consequences

• The exclusion of section 7(5) in relation to these wells may alter the enforcement landscape in at least one way: where s7(5) would have provided a specific legal consequence (including potentially a compliance obligation or a defence or procedural step) that affects enforcement, that consequence will not apply in this area. The Regulations do not specify the content of s7(5), so the precise enforcement implications depend entirely on the substance of that subsection in the Act.

Revocation of prior instruments and enforcement (Schedule)

• The Schedule revokes prior proclamations and an exemption regulation. Revocation extinguishes the instruments; any enforcement or compliance schemes that relied on those instruments as the legal basis will now rest on the Act and these Regulations. If the revoked instruments had carved out exceptions from the Act’s enforcement regime (for example via an exemption regulation), those exceptions are removed by the revocation. The Preamble preserves Special Water Licences’ operation, however, so enforcement in relation to those licences continues under their existing terms.

Practical enforcement actors

• The Regulations assume the continued operation of the Water Resources Act 1997’s enforcement architecture. The relevant administrative agency or Minister responsible under the Act will be the enforcement actor. The Regulations place an administrative mapping and classification obligation on that actor,to treat these wells as prescribed wells and apply available enforcement tools accordingly.

Timing and immediate effect (regulation 2)

• Because the Regulations commence on the day they are made (regulation 2), the expansion of the Act’s enforcement reach to include the declared wells takes effect immediately on commencement. Any ongoing non‑compliance that relates to wells within the area would potentially be actionable under the Act from that day forward.

In summary: the Regulations do not create or change specific penalties or enforcement powers themselves, but they alter which wells fall within the scope of the Water Resources Act 1997 and apply a statutory exclusion to one subsection. The practical enforcement consequences must be determined by reference to the Act’s provisions governing offences, penalties and enforcement for prescribed wells and for the s36 consequences tied to the establishment and prescribed periods set out in regulation 5.

The Regulations are a subordinate instrument that operates directly within the legal architecture of the Water Resources Act 1997 and also interacts with earlier Acts and instruments referenced in the Preamble and Schedule. The instrument both relies on and modifies the application of other laws and instruments; the text below sticks to what the Regulations themselves state.

Made under the Water Resources Act 1997 (regulation 4(1))

• The Regulations invoke section 8 of the Water Resources Act 1997 to declare wells to be prescribed wells. Regulation 4(2) invokes section 7(6) of the Act to exclude the operation of section 7(5) in relation to those wells. Regulation 5 expressly sets temporal parameters “for the purposes of section 36 of the Act.” Thus the Regulations are functionally and legally embedded in the Act; they do not operate independently of the Act’s substantive provisions and must be read as modifying the application of the Act to the spatially defined area.

Effect on earlier proclamations under predecessor Acts (Schedule)

• The Schedule expressly revokes two proclamations: the proclamation made under section 41 of the Water Resources Act 1976 revoking and re‑making the Curdimurka Proclaimed Region (Gazette 24.1.1985 p161), and the proclamation made under section 33(2) of the Water Resources Act 1990 specifying the Muloorina Proclaimed Wells Area (Gazette 25.1.1996 p807). Revocation removes these instruments from the statute book; the Preamble notes that the Regulations will make the declarations of those earlier proclamations otiose. That means the legal regime that previously relied upon those proclamations is replaced by the present Regulations and the Act.

Interaction with the Indenture and Special Water Licences (Preamble)

• The Preamble draws attention to the Roxby Downs (Indenture Ratification) Act 1982, which ratified an Indenture that provides for Special Water Licences to the Joint Venturers and for proclamation of wells. The Regulations explicitly state they will not affect the operation of Special Water Licences granted under the Indenture (Preamble para 7). That is a direct interaction: the Regulations revoke earlier proclamations but leave contractual/statutory licences under the Indenture operational. Consequently, the Regulations reshape proclaimed areas as an Act-based prescribed-well regime while preserving the practical effect of the Special Water Licences that the Indenture created.

Revocation of a subordinate exemption regulation (Schedule)

• The Schedule revokes the Water Resources (Roxby Downs Exemption) Regulations 1997. The revocation of a subordinate instrument can remove exemptions or special procedures that previously affected regulated parties. Because the Regulations do not re-enact the content of the revoked 1997 Regulations, any exemption previously granted under that instrument ceases to have effect. The Preamble implies that Special Water Licences are preserved notwithstanding the revocations.

Spatial definition by GRO Plan (regulation 3) and other land law instruments

• The Regulations define the area by reference to GRO Plan No 593/2001. Spatial delimitation by reference to a cadastral/administrative plan interacts practically with land title records and mapping systems. Determining whether a particular parcel of land or a particular well falls within the prescribed area requires reference to that plan, potentially engaging surveyors, land registries and property title data.

Temporal interaction with section 36 of the Act (regulation 5)

• The Regulations supply dates that section 36 of the Act will use. Section 36 is part of the Act’s allocation of rights or responsibilities linked to establishment and prescribed periods; the Regulations’ setting of those dates therefore modifies how the Act’s section 36 will operate in reality.

Hierarchy and continuity

• The Regulations are subordinate legislation made under the Act and must be read and applied in that statutory hierarchy. The Preamble’s explicit preservation of Special Water Licences signals continuity for those licences amid revocations and status changes. The revocation of earlier instruments removes them from the statutory frame but, per the Preamble, does not disturb the operation of Special Water Licences.

In essence, the Regulations re‑centre control under the Water Resources Act 1997 for the specified territory, revoke older proclamations and an exemption regulation enacted under predecessor Acts, preserve existing Special Water Licences established by the Indenture, and supply spatial and temporal parameters that determine how the Act’s substantive provisions will apply. Parties must consult both the Act and the specified plan to understand precisely how obligations and entitlements now interlock.

The Regulations as printed include a Legislative history note and the Gazette reference for their making (Gazette 27.3.2003 p1249). The text supplied contains the following points relevant to amendment history and provenance:

Commencement and instrument particulars

• The Regulations were made as principal regulations in 2003, numbered 31, and the Gazette reference is 27 March 2003, page 1249. Regulation 2 states that the Regulations come into operation on the day on which they are made. The Legislative history section in the printed text lists the principal regulations year, number and commencement, which corroborates the instrument’s provenance.

Revocations effected by the Schedule

• The Schedule effects revocations of prior instruments. Part 1 revokes proclamations under the Water Resources Act 1976 and the Water Resources Act 1990 that had earlier declared Curdimurka Proclaimed Region and Muloorina Proclaimed Wells Area respectively. Part 2 revokes the Water Resources (Roxby Downs Exemption) Regulations 1997. Those revocations are part of the instrument’s operative amendment history in that they remove prior subordinate instruments and proclamations from the statutory framework.

Relationship with earlier statutory measures

• The Preamble recounts the statutory history that led to the earlier proclamations and licences: the Indenture ratified by the Roxby Downs (Indenture Ratification) Act 1982 resulted in Special Water Licences and proclamations under the earlier Water Resources Acts. The 2003 Regulations, by design, supersede the territorial effect of those proclamations while preserving the licences’ operational effect.

No subsequent amendments recorded in the supplied text

• The text supplied does not record any amendments to the Regulations after their commencement. The Legislative history and notes section included in the Regulations gives the original publishing details but does not list later amendments, disallowances or variations. If there have been subsequent amendments, they are not contained in the supplied instrument.

Practical implication for users seeking amendment history

• Because the Regulations rely heavily on referenced items (GRO Plan No 593/2001, the Water Resources Act 1997, and earlier instruments), anyone undertaking due diligence should consult:
  • The Gazette entry cited for the Regulations (Gazette 27.3.2003 p1249) for any immediate context supplied on making.
  • The official consolidated version of subordinate legislation at the State’s legislation website or statute index if they require subsequent amendment tracking, note that the Regulations themselves include a Legislative history heading with a cross-reference that points users to such resources (the notes at the end refer users to the Index of South Australian Statutes or www.legislation.sa.gov.au).

In short, the instrument as presented was made and commenced on 27 March 2003 (regulation 2, Legislative history), revoked specific older proclamations and a subordinate exemption regulation, and preserved Special Water Licences. There is no material in the supplied text indicating subsequent amendments to these Regulations.

The text supplied contains no court decisions, no references to litigation, and no reported disputes arising from these Regulations. The Legislative history section records the Gazette reference and commencement, but it does not record or mention any challenges, judicial review proceedings, appeals, or determinations.

What the supplied material does record that is relevant to potential litigation:

• The Preamble outlines the Indenture and prior proclamations; it also records the Special Water Licences granted under the Indenture and says the Regulations will not affect their operation (Preamble paras 1-7). That express preservation of Special Water Licences may become material in any dispute about whether the revocation of prior proclamations or the declaration of prescribed wells interferes with contractual or licence rights under the Indenture.
• The Regulations exclude the operation of section 7(5) of the Act in relation to the declared wells (regulation 4(2)). Any litigation about whether such an exclusion was validly exercised would require examination of the Act’s delegation and power framework (in particular the interplay of sections 7(5) and 7(6) and the limits on regulation-making power under section 8). The Regulations themselves do not recount any legal challenges.

Absence of litigation record in the instrument

• Because subordinate legislation commonly does not contain case law references, the absence of litigation history in the Regulations is not unusual. However, the supplied text does not provide judicial interpretation of the Act or of these Regulations, nor does it provide any decision or parliamentary commentary beyond the Preamble and Gazette reference.

Practical note for practitioners

• Where questions of interpretation, validity or administrative law arise (for example, the legal effect of excluding s7(5) for a class of wells; the effect of revoking earlier proclamations on existing statutory rights; or disputes about whether a particular well falls within GRO Plan No 593/2001), relevant judicial authorities would need to be located outside the Regulations. The Regulations themselves are silent on any litigation and therefore provide no case law guidance in the supplied text.

In summary, the supplied instrument contains no litigation history. Any litigation or judicial interpretation that may exist is not cited in this material and must be researched separately in court databases and consolidated legislative histories.

The Regulations are short and tightly targeted, but they contain several technical features and practical traps that stakeholders should watch for. The following are risk points grounded in the Regulations’ text and the Preamble; they identify where parties must take care to avoid unintended consequences.

Spatial determination by plan (regulation 3)

• The Far North Prescribed Wells Area is defined exclusively by reference to a plan: GRO Plan No 593/2001. The Regulations do not provide a textual description of the boundary. As a result, whether a particular well is inside the area depends on interpretation of that plan. Practitioners should obtain and inspect GRO Plan No 593/2001; relying on approximate maps, titles, or local knowledge risks misclassification. There can be practical issues where a well is close to the boundary or where survey markers differ from the plan.

Immediate commencement (regulation 2)

• The Regulations commence on the day they are made. That means the capture of wells and the exclusion of s7(5) take effect immediately. Any party that drilled or intended to drill a well in the area after the Regulations were made must treat those wells as prescribed wells from that day forward. Delay in checking commencement or acting under assumptions about the old proclamations could lead to inadvertent non‑compliance with the Act.

Forward-capture of newly drilled wells (regulation 4(1))

• The declaration extends to “wells drilled in that Area after the commencement of these regulations.” This is a forward-looking capture mechanism: drilling a well in the area post-commencement automatically creates prescribed-well status. Prospective drillers should not assume that absence of a prior licence or exemption will persist; the Regulations automatically impose the status.

Exclusion of section 7(5) without text (regulation 4(2))

• The Regulations exclude the operation of s7(5) in relation to the declared wells, but the Regulations do not state what s7(5) provides. Practitioners must check s7(5) of the Act to see what protection, entitlement, or procedure is being withheld. The exclusion may remove a particular statutory benefit, defence or procedural right that would otherwise apply; failure to identify the substance of s7(5) may lead to incorrect assumptions about rights and exposures.

Temporal windows and expiry (regulation 5)

• The Regulations set an establishment period (starting 1 January 1995) and a prescribed period (20 December 2001 to 30 December 2005) “for the purposes of section 36 of the Act.” The prescribed period is finite and, as written, ended on 30 December 2005. Parties should not assume these periods are open-ended. Any statutory consequences that the Act attaches to the prescribed period will cease to be applicable after the dates specified. If rights, licensing quotas or compensation windows are tied to those periods, stakeholders must check whether they have to act before those dates (bearing in mind the dates have now passed).

Revocation of prior instruments (Schedule)

• The Schedule revokes earlier proclamations and the Roxby Downs Exemption Regulations 1997. Parties that relied on the earlier instruments must verify whether any operational entitlements have been extinguished or replaced by the present Regulations. The Preamble preserves Special Water Licences; however, other entitlements or exemptions under the revoked instruments may not be preserved, and stakeholders must check whether any rights previously enjoyed have been lost.

Special Water Licences insulated (Preamble para 7)

• The Preamble expressly states that the Regulations will not affect the operation of Special Water Licences granted under the Indenture, or any such licences granted after commencement. That is a protective provision for joint venturers. Parties who are not holders of such Special Water Licences should not expect comparable protection from revocation or reclassification.

No substantive obligations set out in the Regulations

• The Regulations only change status and set dates; they do not set out procedural steps, application forms, or transitional arrangements for compliance. Parties must look to the Act and to administrative practice for detailed obligations and compliance pathways. That can be a gotcha for those who assume detail will be provided in the subordinate instrument.

Potential ambiguity over “otiose” effect (Preamble)

• The Preamble states the Regulations “will make the declarations of the Curdimurka Proclaimed Region and the Muloorina Proclaimed Wells Area otiose.” In practice, revocation of earlier proclamations and the creation of the new prescribed-well area can generate transitional questions about rights that arose under the earlier proclamations but are not expressly preserved. The Preamble preserves Special Water Licences, but it does not expressly preserve other rights that may have flowed from the earlier proclamations.

Administrative mapping and record updates

• Because the Regulations change the status of wells in a mapped area, administrative authorities must update records, registers and maps. Failure to update public records promptly can create confusion for landholders and third parties relying on out-of-date proclamations.

Practical consequence: check the Act and the plan

• The clearest practical “gotcha” is the need to combine three items to understand legal consequences: (1) the text of the Water Resources Act 1997, especially sections 7, 8 and 36; (2) GRO Plan No 593/2001 to determine spatial inclusion; and (3) the Schedule which revokes prior instruments. Failing to check all three items can lead to misreading obligations and exposures.

In short, the main risks are spatial uncertainty, immediate commencement, forward capture of newly drilled wells, a statutory exclusion whose content must be checked in the Act, finite prescribed-period dates, and revocation of prior instruments that may have been relied on by parties other than Special Water Licence holders.

The Regulations themselves do not set out compliance procedures; they change the legal status and temporal parameters under the Water Resources Act 1997. Compliance therefore requires action across four practical axes: (1) map/identify affected wells; (2) consult the Water Resources Act 1997 to determine substantive obligations for prescribed wells (including the effect of excluded s7(5)); (3) review any prior instruments and Special Water Licences; and (4) engage with the administering authority to regularise status and records. The following steps are practical, grounded in the Regulations’ text.

1. Determine whether a well is inside the Far North Prescribed Wells Area (regulation 3)

• Obtain GRO Plan No 593/2001 and determine whether the relevant well, parcel or proposed drilling site is located within the bold black line that defines the area. The Regulations define the area solely by reference to that plan. If coordinates or a survey are necessary, instruct a registered surveyor to confirm whether the well sits within the boundary. Do not rely on approximate locality descriptions.

2. If the well is within the area, treat it as a prescribed well from commencement (regulation 4(1))

• The Regulations declare existing wells and wells drilled after commencement to be prescribed wells. From the date of commencement, the well is in the prescribed-well category under the Act. Parties should assume they fall under the Act’s regime for prescribed wells until and unless a contrary legal determination is made.

3. Consult the Water Resources Act 1997 for substantive duties and rights

• The Regulations do not list the operational obligations for prescribed wells. Identify the provisions in the Act that apply to prescribed wells (licensing, registration, reporting, compliance obligations, measurement and so on). Pay particular attention to:
  • Section 7, because regulation 4(2) excludes s7(5) by virtue of s7(6). Review sections 7(5) and 7(6) to understand precisely what consequence is being excluded and whether that affects defences, procedural steps or substantive rights.
  • Section 8, which authorises the regulation-making power used to declare wells.
  • Section 36, because reg 5 sets establishment and prescribed periods “for the purposes of section 36 of the Act.” Understand what section 36 requires, permits or restricts during those periods.

4. Check implications of establishment and prescribed periods (regulation 5)

• The establishment period is fixed as commencing 1 January 1995 and ending at the commencement of the prescribed period; the prescribed period is fixed from 20 December 2001 to 30 December 2005. Identify what section 36 of the Act does with those dates,does it open or close application windows, establish grandfathering rights, trigger licensing or allocation entitlements, or impose time-limited obligations? Take action before any statutory windows close (recognising that the prescribed period in the Regulations has an end date of 30 December 2005).

5. Review any Special Water Licence status and related administrative records (Preamble para 7)

• If the well is associated with a Special Water Licence granted under the Indenture, the Preamble states the Regulations will not affect the operation of those licences. Nevertheless, confirm licence terms, administrative contacts and reporting obligations with the licence holder and the administering authority to ensure there is no mismatch between perceived protection and administrative practice.

6. Assess impact of revocations (Schedule)

• The Schedule revokes prior proclamations (Curdimurka and Muloorina) and the Water Resources (Roxby Downs Exemption) Regulations 1997. Determine whether any rights, exemptions or procedures you relied upon derive from those revoked instruments. If they do, ascertain on what legal basis you now operate and whether transitional arrangements or licences are necessary under the Act.

7. Engage with the administering authority

• Contact the State administration responsible for water resources under the Act to:
  • Confirm whether the authority has updated spatial registers to reflect the new prescribed-well area.
  • Determine application or registration procedures and forms for prescribed wells.
  • Obtain guidance on reporting, measurement and compliance expectations for prescribed wells in the area.
  • Clarify whether any discretionary relief or transitional arrangements will be exercised by the authority in relation to newly captured wells.

8. Document and regularise drilling plans

• If planning to drill within the area, incorporate the prescribed-well status into project planning, procurement of contractors, environmental approvals and costings. Recognise that newly drilled wells are automatically prescribed wells under regulation 4(1) and therefore any required Act-based permissions or registrations should be obtained as early as the Act requires.

9. Record-keeping and administrative housekeeping

• Maintain copies of GRO Plan No 593/2001, the Regulations, any relevant Special Water Licence documents, communications with the administering authority, and a log of dates (noting the prescribed-period dates set by regulation 5). Those documents will be needed to demonstrate compliance and to resolve any later dispute about inclusion, timing or obligations.

10. Seek legal advice for borderline, contested or high-value issues

• Where there is doubt about whether a well lies inside the plan boundary, whether an activity is exempted by a licence, or where significant economic stakes are involved, seek specialist legal advice. The Regulations change legal status and revoke prior instruments; decisions by regulators or disputes with third parties may raise complex questions of statutory interpretation and administrative law.

In practical terms, compliance under these Regulations is not a matter of following a short checklist included in the subordinate instrument; it requires active steps to map inclusion, consult the Act, confirm licences and exemptions, and engage with the regulator to ensure ongoing conformity with the Water Resources Act 1997 as applied by these Regulations.