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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-02-24 Daily Xml
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NATURAL RESOURCES MANAGEMENT (REVIEW) AMENDMENT BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. G.E. GAGO (Minister for Regional Development, Minister for Public Sector Management, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises) (17:54): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

As required by section 234 of the Natural Resources Management Act 2004, a review of the operation of this Act was undertaken before the end of the 2006-07 financial year. In August 2007, the report arising from this review was laid before both Houses of Parliament by the minister for Environment and Conservation.

By way of background, the Natural Resources Management Act 2004 amalgamated three Acts that dealt with three significant areas of natural resources management separately. These statutes were the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986, the Soil Conservation and Land Care Act 1989 and the Water Resources Act 1997. This amalgamation was designed to deliver more effective and integrated natural resources management through new, regionally-focussed NRM boards and the state-level NRM Council that the new Act established for South Australia. The Act also provides for an integrated and transparent system to ensure South Australia's natural resources are managed in a manner that supports ecologically sustainable development.

The 'Report on the Review of the Natural Resources Management Act 2004', as tabled in Parliament, made over 60 recommendations that included a number of recommended legislative amendments. This Bill seeks to clarify existing provisions, simplify administration, improve flexibility, and address inconsistencies.

The Natural Resources Management (Review) Amendment Bill 2010 includes provisions that:

Refine, simplify and clarify some processes in the legislation and provide a solid base for additional amendments that may be required in the future;

allow for more expedient water conservation measures by simplifying processes;

promote Aboriginal engagement in natural resources management in South Australia by requiring consultation with relevant bodies;

provide for significantly increased penalties for water theft.

This Bill is fundamental in making the operation of the Natural Resources Management Act 2004 more effective and efficient, thereby ensuring that South Australia is well equipped to meet future challenges in natural resources management. The Government looks forward to bipartisan support for the passage of this legislation.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

This clause is formal.

2—Commencement

The measure will be brought into operation by proclamation.

3—Amendment provisions

This clause is formal.

Part 2—Amendment of Natural Resources Management Act 2004

4—Amendment of section 3—Interpretation

The amendments in this clause relate to the definitions that apply under the Act.

The definition of intensive farming is to be revamped so that an NRM plan may designate various forms of farming as intensive farming, or exclude various forms of farming from the definition of intensive farming, in relation to the area to which the NRM plan applies.

Another amendment will remove the definition of residential premises.

Another set of amendments will allow the Governor, by proclamation, to declare a watercourse, or a part of a watercourse, to constitute surface water for the purposes of the Act.

5—Amendment of section 11—Powers of delegation

Section 11(4)(b) of the Act currently provides that the minister may not delegate a function or power under Chapter 5 of the Act. The clause removes that paragraph.

6—Amendment of section 13—Composition of NRM Council

Section 13 of the Act is to be amended in two respects.

Section 13(4) provides that the minister must invite expressions of interest from members of the public before nominating a person for appointment to the NRM Council. An amendment will provide that expressions of interest are not to be required if the minister is seeking to fill a casual vacancy for the unexpired term of the relevant office if the unexpired term is less than two years.

Section 13(5)(a)(v) provides that the minister should seek to have a member of the NRM Council with expertise in the field of 'business administration'. This is to be altered to 'business management'.

7—Amendment of section 14—Conditions of membership

The maximum term of appointment of a member of the NRM Council is to be altered from three years to four years (subject to a decision to reappoint the member).

8—Amendment of section 20—Annual report

Section 20(2) of the Act currently provides for the annual report of the NRM Council to be accompanied by the annual reports of each of the regional NRM boards. It is intended that the boards will now furnish their annual reports directly to the minister.

9—Amendment of section 22—Establishment of regions

This clause corrects an incorrect reference.

10—Amendment of section 25—Composition of boards

Section 25(2) and (3) provide that the minister must invite expressions of interest from members of the public before nominating a person for appointment to a regional NRM board. An amendment will provide that expressions of interest are not to be required if the minister is seeking to fill a casual vacancy for the unexpired term of the relevant office if the unexpired term is less than 2 years.

Section 25(4)(a)(vi) provides that the minister should seek to have a member of any regional NRM board with expertise in the field of 'business administration'. This is to be altered to 'business management'.

11—Amendment of section 26—Conditions of membership

The maximum term of appointment of a member of a regional NRM board is to be altered from three years to four years (subject to a decision to reappoint the member).

12—Amendment of section 38—Annual reports

It is proposed that regional NRM boards will now furnish their annual reports directly to the minister (rather than through the NRM Council).

13—Amendment of section 49—Conditions of membership

The maximum term of appointment of a member of an NRM group is to be altered from three years to four years (subject to a decision to reappoint the member).

14—Repeal of section 57

This clause consequentially repeals section 57 of the Act.

15—Amendment of section 65—Power of delegation

This amendment enables the Chief Officer to delegate a function or power conferred on the Chief Officer under other Acts in addition to the principal Act.

16—Substitution of section 72

The rules under the Act as to self-incrimination are to be revised. It is now proposed that it will not be an excuse to refuse to answer a question or to produce a document on the ground of self-incrimination. However, the answer given or the fact of production of any material will not be admissible against the person in proceedings (other than in proceedings in respect of making a false or misleading statement or declaration).

17—Amendment of section 75—Regional NRM plans

This clause sets out a number of amendments relating to the content of regional NRM plans.

It is intended to make it clear that a plan can relate to any matter that is relevant to promoting the objects of the Act in the relevant region.

An adjustment is to be made as to when a 'social impact' statement is to be required with respect to a levy under Chapter 5, being when a new levy is proposed, or an existing levy is to raise an amount that represents an increase above CPI increases.

18—Amendment of section 76—Preparation of water allocation plans

This clause amends section 76 to require the matters set out in new paragraph (aab) to be included in water allocation plans, and sets out an explanation of what an environmental water requirement is.

19—Repeal of section 78

The requirement to prepare a 'concept statement' in relation to a proposal to create a regional NRM plan is to be removed.

20—Amendment of section 79—Preparation of plans and consultation

It will be an express requirement for a board, as part of the processes associated with consultation on a draft plan, to provide a copy of the draft to any body that represents the interests of Aboriginal people identified by the minister.

21—Amendment of section 80—Submission of plan to minister

This is a consequential amendment.

22—Amendment of section 81—Review and amendment of plans

The period within which a regional NRM board must ensure that its regional NRM plan is comprehensively reviewed is to be changed from 5 years to 10 years.

23—Amendment of section 97—Outside council areas

The amendments effected by this clause will allow multiple holdings that fulfil certain criteria to be subject to 1 levy under section 97 of the Act. The provisions are based on a comparable scheme under the Local Government Act 1999, which applies in relation to the imposition of regional NRM levies under section 95 of the Act.

24—Amendment of section 100—Interpretation

This clause amends the definition of levy so that it no longer includes a fee payable to the minister under section 102(5) of the Act.

25—Amendment of section 106—Determination of quantity of water taken

A levy based on the quantity of water taken will not apply in relation to water taken for the purposes of the construction or repair of a public road.

26—Amendment of section 115—Declaration of penalty in relation to unauthorised or unlawful taking of water

This amendment clarifies the method for declaring a penalty under section 115(1)(d) of the Act.

27—Amendment of section 121—Interpretation

This amendment makes it clear that, for the purposes of Chapter 6 of the Act, degradation of land includes any adverse effect on the 'productive capacity of land'.

28—Amendment of section 124—Right to take water subject to certain requirements

New subsection (6b) sets out matters to which section 124(3) of the Act does not apply in respect of designated drainage infrastructure.

29—Amendment of section 125—Declaration of prescribed water resources

This clause amends section 125 of the Act to include the ability for a regulation under the section to operate by reference to designated drainage infrastructure.

30—Amendment of section 127—Water affecting activities

Section 127 of the Act is to be amended to clarify that a relevant authority may require that separate applications be made, and may issue separate water authorisations or permits, with respect to each distinct activity or item of infrastructure under subsection (3) of that section.

Section 127(6) of the Act is to be amended to allow an expiation notice to be issued for an offence constituted by a breach of a prescribed condition of a water permit, and also to significantly increase the applicable penalties to breaches of subsection (1) or (5a) of that section.

31—Amendment of section 128—Certain uses of water authorised

It is proposed that a notice published under section 128(1) of the Act may also operate by reference to designated drainage infrastructure.

32—Amendment of section 135—Permits

Section 135 of the Act relates to permits. The amendment to this section will expressly require a relevant authority to take into account the provisions of the relevant regional NRM plan when considering an application for a permit and to ensure that any permit, or conditions of a permit, are not inconsistent with the provisions of the relevant regional NRM plan.

33—Amendment of section 145—Requirement for remedial or other work

This amendment will allow the option of capping a well to apply if work is considered necessary under section 145 of the Act.

34—Amendment of section 150—Transfer of water licences

This clause amends section 150(13) of the Act to allow the minister to require a reduction in the size of a dam, or require other work with respect to the dam, when granting the transfer of a water licence under the section.

The clause also inserts an offence for the holder of a water license to fail to comply with a requirement under new subsection (13)(d) within a specified period.

35—Amendment of section 152—Source of allocation

These amendments will support arrangements that allow the 'carry-over' of allocations (or proportions of allocations) at the expiration of a term.

36—Amendment of section 161—Variation of approvals

New paragraph (da) is inserted into section 161(1) of the Act, to enable the variation of a water resource works approval by the minister where the variation is necessary in his or her opinion to provide consistency with action taken with respect to the variation or transfer of a water licence that is relevant to the approval.

37—Amendment of section 164N

This amendment will clarify that a reference in section 164N of the Act to an 'existing user' will extend to a person who is the successor-in-title to a person who has been an existing user under that section.

38—Amendment of section 167—Allocation of reserved water

This amendment corrects an incorrect cross-reference.

39—Amendment of section 169—Water conservation measures

Section 169 of the Act is to be amended so as to allow the minister to impose water conservation measures under that section by notice in the Gazette (rather than such measures being imposed by regulation).

40—Amendment of section 175—Movement of animals or plants

This amendment extends the operation of section 175(2) to animals to which that subsection applies as well as plants.

41—Amendment of section 176—Possession of animals or plants

This amendment removes the current requirement from section 176(1) that an animal be kept in captivity, and instead prevents a relevant animal from being kept, or being in a person's possession or control. It also provides an additional offence of a person keeping an animal to which new subsection (1a) applies, or having in their possession or control such an animal, in a control area for the relevant class of animal.

42—Amendment of section 177—Sale of animals or plants, or produce or goods carrying animals or plants

This amendment extends the operation of section 177(2) to include animals of a class to which that subsection applies.

43—Amendment of section 179—Offence to release animals or plants

This clause inserts new section 179(a1), creating an offence for a person to release an animal of a class to which the subsection applies, or cause or permit an animal of that class to be released. The offence relates to the State generally, rather than just to a control area for the relevant animal as is currently the case with subsection (1).

44—Amendment of section 181—Requirement to control certain animals or plants

This clause inserts new section 181(a1), which requires a person who has in his or her possession or control an animal of a class to which the subsection applies to comply with any instructions of an authorised officer with respect to the keeping or management of such an animal.

45—Amendment of section 223—Evidentiary

This clause allows specified evidence in respect of specified infrastructure to be presumed to be proved (in the absence of proof to the contrary) in civil or criminal proceedings.

46—Repeal of section 234

This clause repeals section 234 of the Act, which is spent.

Debate adjourned on motion of Hon. J.M.A. Lensink.


At 17:55 the council adjourned until Tuesday 8 March 2011 at 14:15.


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