Landscape South Australia (Miscellaneous) Amendment Bill

Second Reading

The Hon. J.M.A. LENSINK (Minister for Human Services) (17:43): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and the explanation of clauses inserted in Hansard without my reading them.

Leave granted.

The Landscape South Australia Act 2019 provides the framework for the management of the state's water resources.

South Australia is considered a leader in water management and as part of this, a leader in water compliance and enforcement.

We must have the ability to establish and implement appropriate compliance and enforcement arrangements that best suit the state's many different water sources and the way that they operate. For example, these resources range from the ancient, deep groundwater in the massive Great Artesian Basin, to annually flowing streams in the Western Mount Lofty Ranges, to managed aquifer recharge schemes on the Adelaide Plains. It is simply not logical to think that the best outcomes would be obtained by applying exactly the same compliance and enforcement approach to each.

Recent advice has identified a potential anomaly in the Landscape South Australia Act 2019 that may limit the ability to adapt the period in which compliance action can be taken for any unauthorised or unlawful water use to best suit the water resource.

The ability to undertake compliance action within a timeframe that best suits the respective water resource, will ensure that the government is best able to manage delivery constraints, deliver environmental water, inhibit market manipulation and respond to drought conditions, especially if conditions similar to the Millennium Drought were to be revisited.

I am pleased to introduce the Landscape South Australia (Miscellaneous) Amendment Bill, which will address this anomaly by making a minor administrative change to the Landscape South Australia Act 2019 to reflect its original policy intent.

The main change will provide clarity of interpretation regarding an accounting period for the purposes of declaring a penalty charge for the unauthorised or unlawful water use and will enable the government to implement the most appropriate compliance approaches across the State.

I commend the bill to members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

This clause is formal.

2—Commencement

The amendments to section 88 in clause 4 of this measure are to be made retrospective to 1 July 2020.

3—Amendment provisions

This clause is formal.

Part 2—Amendment of Landscape South Australia Act 2019

4—Amendment of section 88—Declaration of penalty in relation to unauthorised or unlawful taking of water

This clause amends section 88 of the Act which relates to the declaration of penalties in relation to the unauthorised or unlawful taking of water under the Act. The proposed amendment amends the definition of accounting period in subsection (7) by providing that the period may be determined by the Minister by notice in the Gazette. This provides for flexibility in determining the accounting period in relation to which penalties declared under the section may apply.

The provision also inserts the definition of consumption period from section 75 (as currently applies), but removes the reference to measurement of water by meter. This is by way of clarification that alternative methods of assessment of water taken may apply under the Act.

The amendment to subsection (6) is consequential in order to reflect the interaction of the operation of section 88 with the other provisions of Part 5 that are prescribed by the regulations to apply, as contemplated by this subsection.

5—Amendment of Schedule 4—The Water Register

This clause deletes clause 10 of Schedule 4 of the Act which relates to the Water Register and the variation of registered security interests.

Debate adjourned on motion of Hon. T.T. Ngo.