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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-11-28 Daily Xml
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UPPER SOUTH EAST DRYLAND SALINITY AND FLOOD MANAGEMENT (POSTPONEMENT OF EXPIRY) AMENDMENT BILL

Second Reading

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for Tourism, Minister for the Status of Women) (23:23): 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.

The Upper South East Program was developed in the early 1990s to address community concerns about dryland salinity, waterlogging and the degradation of ecosystems. On 19 December 2002, the Program was provided with specific legislation, being the Upper South East Dryland Salinity and Flood Management Act 2002. The work associated with this Program has served to protect and improve the environment and agricultural production and provides for the ongoing management of the drainage system.

This Act has an expiry date of 19 December 2012. In June 2011, the Upper South East Program was completed and the upper South East drainage system moved from construction to operational phase. In order to enable this management to continue, the expiration date of the Upper South East Dryland Salinity and Flood Management Act 2002 needs to be extended. This Bill proposes to amend the expiry date to enable the Act to continue until 19 December 2016. The Act has previously been extended in 2006 and in 2009.

The Government has introduced a new South East Drainage System Operation and Management Bill 2012 in the Parliament which will provide for the integrated management of both the lower and upper South East drainage systems, which are currently governed by both the Upper South East Dryland Salinity and Flood Management Act 2002 and the South Eastern Water Conservation and Drainage Act 1992. However, until this progresses, it is imperative that the expiration date of the Upper South East Dryland Salinity and Flood Management Act 2002 is extended in order to enable the ongoing management of the drainage system.

In addition to this, the extension of the Upper South East Dryland Salinity and Flood Management Act 2002 could serve as a vehicle for potential future infrastructure works, such as the proposed South East Flows Restoration Project. This project is being investigated at the moment to further reinstate the natural movement of water from the mid and lower South East towards the upper South East, and deliver surplus water to the Coorong South Lagoon. It would likely involve the integration and upgrade of existing drainage system infrastructure and the construction of new drainage infrastructure.

Furthermore, this Bill proposes to amend the Upper South East Project Area to cover the area required to deliver stage 1 of the South East Flows Restoration Project. This will limit the spatial extent of the Minister's functions regarding infrastructure works.

If this project is determined to go ahead as a result of consultation, the Upper South East Dryland Salinity and Flood Management Act 2002 could be used to acquire the interests in land through statutory easement and undertake works on private land. In light of this, further amendments may need to be made to this Act at a later date, but this is not the subject of the amendment now. Now we are concerned with ensuring that we have a management regime in place for the drainage system.

Explanation of Clauses

Part 1—Preliminary

1—Short title

This clause provides for the short title to the measure.

2—Commencement

This clause provides that this measure will, apart from clauses 4 and 5, come into operation on assent. Clauses 4 and 5 will come into operation on a day to be fixed by proclamation.

3—Amendment provisions

This clause is formal.

Part 2—Amendment of Upper South East Dryland Salinity and Flood Management Act 2002

4—Amendment of section 3—Interpretation

This clause proposes to amend section 3(1) by deleting the current definition of Project Area and substituting a new definition as follows:

Project Area—the Project Area is constituted of—

(a) subject to paragraph (b)—the area or areas of land described in the revised Rack Plan 1067 lodged in the Surveyor-General's Office at Adelaide, as at 9 November 2012; or

(b) if the regulations describe or delineate another area or other areas of land to constitute the Project Area—that area or those areas.

5—Amendment of section 4—Identification of Project

The amendment to this section proposes to delete subsection (3) and is consequential on the amendment proposed by clause 4.

6—Amendment of section 45

Current section 45 provides for the principal Act to expire on 19 December 2012. The proposed amendment will mean that the Act will not expire until 19 December 2016.

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


At 23:24 the council adjourned until Thursday 29 November 2012 at 14:15.


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