River Murray Act 2003

This Act may be cited as the River Murray

Act 2003.

This Act will come into operation on a day to be fixed by proclamation.

In this Act, unless the contrary intention appears—

activity includes—

an act carried out on a single occasion; and

a series of acts; and

the storage or possession of anything (including something in liquid or gaseous form);

animal means any live animal of any species and includes any animal organisms;

approved account means—

an account designated by the Minister as an approved account for the purposes of this Act, or a specified provision of this Act;

or

the Consolidated Account;

associate—see subsection (2);

authorised officer—see section 13;

business includes a business not carried on for profit or gain;

construct, in relation to any works, includes—

to establish, build or erect the works;

to repair the works;

to make alterations to the works;

to enlarge or extend the works;

council means a council within the meaning of the Local Government

Act 1999;

Court means the Environment, Resources and

Development Court established under the Environment, Resources and Development Court Act 1993;

domestic activity means an activity other than an activity undertaken in the course of a business;

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

general duty of care means the duty under section 23;

Implementation Strategy means the River Murray

Act Implementation Strategy under

Part

5;

infrastructure includes—

pumps, pumping stations, pipes, tanks;

dams, reservoirs, artificial lakes and wells;

embankments, walls, channels, drains, drainage holes or other forms of works or earthworks;

any item or thing used in connection with—

testing, monitoring, protecting, enhancing or re-establishing any aspect of the environment; or

any other environmental program or initiative;

bridges and culverts;

buildings, structures and facilities;

other items brought within the ambit of this definition by the regulations;

interim restraining order means an Interim

Restraining Order issued under

Division

1 of

Part

8;

land means, according to the context—

land as a physical entity, including land covered by water;

any legal estate or interest in, or right in respect of, land;

management agreement means an agreement under

Division

2 of

Part

4;

Mining Act means the Mining

Act 1971, the Opal Mining

Act 1995 or the Petroleum

Act 2000;

Murray‑Darling Basin has the same meaning as in the Water Act 2007 of the Commonwealth;

Murray‑Darling Basin Agreement means the

Murray‑Darling Basin Agreement, a copy of which is set out in Schedule 1 of the Water Act 2007 of the Commonwealth, as in force from time to time;

natural resources of the River Murray means—

the River Murray system; and

soil, ground water and surface water, air, vegetation, animals and ecosystems connected or associated with the River Murray system;

and

cultural heritage and natural heritage, and amenity and geological values, connected or associated with the River Murray system; and

minerals and other substances, and facilities, that are subject to the operation of a Mining Act and are such that activities undertaken in relation to them may have an impact on the River Murray;

ORMs means the objectives under section 7;

place includes any land, water, premises or structure;

project includes any form of scheme, undertaking or activity;

protection order means a River Murray Protection

Order issued under Division

1 of

Part

8;

public authority includes a Minister, statutory authority or council;

related operational Act—see section 5(2);

reparation authorisation means an authorisation issued under section 28;

reparation order means a River Murray Reparation

Order issued under Division

1 of

Part

8;

River Murray means—

the main stem of the River Murray; and

the natural resources of the River Murray;

River Murray Protection Area—see section 4;

River Murray system means the River Murray itself, and all anabranches, tributaries, flood plains, wetlands and estuaries that are in any way connected or associated with the river, and related beds, banks and shores;

spouse—a person is the spouse of another if they are legally married;

statutory authorisation means an approval, consent, licence, permit or other authorisation granted or required under a related operational Act;

statutory instrument means—

a plan, program or policy; or

any other instrument of a prescribed kind, prepared pursuant to the provisions of an Act;

vegetation includes any plant organisms;

vehicle includes any—

vessel or craft;

plant or equipment designed to be moved or operated by a driver;

water resource has the same meaning as in the

Water Resources Act 1997;

works includes any form of infrastructure.

For the purposes of this Act, a person is an

associate of another if—

they are partners; or

one is a spouse, domestic partner, parent or child of another;

or

they are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or

one is a body corporate or other entity (whether inside or outside

Australia) and the other is a director or member of the governing body of the body corporate or other entity; or

one is a body corporate or other entity (whether inside or outside

Australia) and the other is a person who has a legal or equitable interest in five per cent or more of the share capital of the body corporate or other entity; or

they are related bodies corporate within the meaning of the

Corporations Act 2001 of the

Commonwealth; or

a relationship of a prescribed kind exists between them;

or

a chain of relationships can be traced between them under any one or more of the above paragraphs.

For the purposes of subsection (2), a beneficiary of a trust includes an object of a discretionary trust.

A reference in this Act to the costs of any damage to the River

Murray will be taken to include a reference to any costs associated with—

minimising, managing or containing any such damage;

or

remedying any such damage; or

addressing any consequences resulting from any such damage;

or

compensating for any loss or adverse impacts arising from any such damage.

For the purposes of this or any other Act, the Minister may, in assessing the costs or extent of any damage to the River Murray, apply any assumptions determined by the Minister to be reasonable in the circumstances.

The Governor may, by regulation, designate areas as River Murray

Protection Areas for the purposes of this or any other

Act.

The Governor may, in designating areas under subsection (1), designate different areas for different purposes or different Acts (and accordingly areas designated for one purpose or Act may overlap with other areas designated for another purpose or

Act).

Except where the contrary intention is expressed in this or any other Act, this Act is in addition to and does not limit or derogate from the provisions of any other Act.

For the purposes of this Act, the following are related operational

Acts:

Aquaculture

Act 2001;

Coast Protection

Act 1972;

Crown Lands

Act 1929;

Planning, Development and

Infrastructure Act 2016;

Environment Protection

Act 1993;

Fisheries

Act 1982;

Harbors and Navigation

Act 1993;

Heritage

Act 1993;

Historic Shipwrecks

Act 1981;

Irrigation

Act 1994;

Murray-Darling Basin

Act 2008;

National Parks and Wildlife

Act 1972;

Native Vegetation

Act 1991;

Landscape South Australia

Act 2019;

South Eastern Water Conservation and Drainage

Act 1992;

any Mining Act;

any other Act prescribed as a related operational Act by the regulations.

The objects of this Act are—

to ensure that all reasonable and practicable measures are taken to protect, restore and enhance the River Murray in recognition of its critical importance to the South Australian community and its unique value from environmental, economic and social perspectives and to give special acknowledgement to the need to ensure that the use and management of the River

Murray sustains the physical, economic and social well being of the people of the State and facilitates the economic development of the State;

and

to provide mechanisms to ensure that any development or activities that may affect the River Murray are undertaken in a way that provides the greatest benefit to, or protection of, the River Murray while at the same time providing for the economic, social and physical well being of the community;

and

to provide mechanisms so that development and activities that are unacceptable in view of their adverse effects on the River Murray are prevented from proceeding, regulated or brought to an end; and

to promote the principles of ecologically sustainable development in relation to the use and management of the River Murray; and

to ensure that proper weight is given to the significance and well being of the River Murray when legislative plans and strategies are being developed or implemented; and

to respect the interests and aspirations of indigenous peoples with an association with the River Murray and to give due recognition to the ability of those indigenous people to make a significant contribution to the promotion of the principles of ecologically sustainable development in relation to the use and management of the River Murray; and

to respect the interests and views of other people within the community with an association with the River Murray and to give due recognition to the ability of those people to make a significant contribution to the promotion of the principles of ecologically sustainable development in relation to the use and management of the River Murray; and

otherwise to ensure the future health, and to recognise the importance, of the River Murray.

For the purposes of this section, the following are declared to be the principles of ecologically sustainable development:

that the use, development and protection of the environment should be managed in a way, and at a rate, that will enable people and communities to provide for their economic, social and physical well-being and for their health and safety while—

sustaining the potential of natural and physical resources to meet the reasonably forseeable needs of future generations; and

safeguarding the life-supporting capacity of air, water, land and ecosystems; and

avoiding, remedying or mitigating any adverse effects of activities on the environment;

that proper weight should be given to both long and short term economic, environmental, social and equity considerations in deciding all matters relating to environmental protection, restoration and enhancement and to the facilitation of sustainable economic development.

The following objectives will apply in connection with the operation of this Act:

the river health objectives; and

the environmental flow objectives; and

the water quality objectives; and

the human dimension objectives.

The river health objectives are as follows:

the key habitat features in the River Murray system are to be maintained, protected and restored in order to enhance ecological processes;

the environments constituted by the River Murray system, with particular reference to high-value floodplains and wetlands of national and international importance, are to be protected and restored;

the extinction of native species of animal and vegetation associated with the River Murray system is to be prevented;

barriers to the migration of native species of animal within the

River Murray system are to be avoided or overcome.

The environmental flow objectives are as follows:

ecologically significant elements of the natural flow regime of the

River Murray system are to be reinstated and maintained;

the Murray mouth should be kept open in order to maintain navigation and the passage of fish in the area, and to enhance the health of the River Murray system and estuarine conditions in the Coorong;

significant improvements are to be made in the connectivity between and within the environments constituted by the River Murray system.

The water quality objectives are as follows:

water quality within the River Murray system should be improved to a level that sustains the ecological processes, environmental values and productive capacity of the system;

the impact of salinity on the ecological processes and productive capacity of the River Murray system is to be minimised;

nutrient levels within the River Murray system are to be managed so as to prevent or reduce the occurrence of algal blooms, and to minimise other impacts from nutrients on the ecological processes, environmental values and productive capacity of the system;

the impact of potential pollutants, such as sediment and pesticides, on the environments constituted by the River Murray system is to be minimised.

The human dimension objectives are as follows:

a responsive and adaptable approach to the management of the River

Murray system is to be implemented taking into account ecological outcomes, community interests and new information that may become available from time to time;

the community's knowledge and understanding of the River Murray system is to be gathered, considered and disseminated in order to promote the health and proper management of the system;

the interests of the community are to be taken into account by recognising indigenous and other cultural, and historical, relationships with the River Murray and its surrounding areas, and by ensuring appropriate participation in processes associated with the management of the River Murray system;

the importance of a healthy river to the economic, social and cultural prosperity of communities along the length of the river, and the community more generally, is to be recognised.

The objectives will be collectively known as the

Objectives for a Healthy River Murray (or

ORMs).

The Minister, the Court and other persons or bodies involved in the administration of this Act, and any other person or body required to consider the operation or application of this Act (whether acting under this Act or another Act), must act consistently with, and seek to further—

the objects of this Act; and

the ORMs.

The functions of the Minister under this Act are—

to prepare the Implementation Strategy; and

to undertake a role in the development of statutory instruments that are to have application within the Murray-Darling Basin; and

to provide advice with respect to the approval of activities proposed to be undertaken within the Murray-Darling Basin that may have an impact on the River Murray; and

to consult with relevant persons, bodies or authorities, including indigenous peoples with an association with the River Murray, and with the wider community, about the goals or outcomes that should be adopted or pursued in order to achieve or advance the objects of this Act and the ORMs;

and

as far as reasonably practicable and appropriate—

to act to integrate the administration of this Act with the administration of other legislation that may affect the River Murray;

and

to promote the integration or co-ordination of policies, programs, plans and projects developed, administered or undertaken by other persons, bodies or authorities insofar as they are relevant to the protection, improvement or enhancement of the River Murray; and

to institute, supervise or promote programs to protect, maintain or improve the River Murray; and

to undertake monitoring programs to collect data on the state of the River Murray and other relevant information, and to assess and apply other information relevant to the River Murray obtained from other programs or sources; and

to conduct or promote research and public education in relation to the protection, improvement or enhancement of the River Murray;

and

to keep the state of the River Murray under review;

and

to keep—

the operation of this Act under review; and

the operation of any related operational Act under review, insofar as may be relevant to the River Murray or to securing the objects of this Act;

and

to consider, as the Minister thinks fit—

whether it is necessary or desirable to amend any Act (including this Act), or to modify any legislative policies or administrative practices (whether under this or any other Act) in order to advance the objects of this

Act and the ORMs; or

whether additional Acts should be prescribed as related operational

Acts for the purposes of this Act, and to make recommendations in relation to these matters;

and

to assess the extent to which the objects of this Act are being considered in the administration of other relevant Acts; and

to undertake the enforcement of this Act, especially in relation to the general duty of care; and

such other functions assigned to the Minister by or under this or any other Act.

The Minister—

must consult with prescribed persons, bodies or authorities when acting in prescribed circumstances; and

should, when consulting with indigenous peoples under subsection (1)(d), give special consideration to their particular needs; and

should, when consulting with other people, give consideration to any special needs that they may have in the circumstances.

The Minister should adopt a leadership role in relation to the management of the Murray-Darling Basin.

The Minister has the power to do anything necessary, expedient or incidental to—

performing the functions of the Minister under this Act;

or

administering this Act; or

furthering the objects of this Act or the ORMs; or

furthering the objects of the Murray-Darling Basin Act 2008 or giving effect to the terms or requirements of the Murray‑Darling Basin

Agreement; or

furthering the purposes of the Basin Plan under the

Water Act 2007 of the

Commonwealth.

Without limiting the operation of subsection (5), the Minister may—

enter into any form of contract, agreement or arrangement;

and

acquire, hold, deal with and dispose of real and personal property or any interest in real or personal property; and

carry out projects in relation to the River Murray (including projects that are relevant to the implementation or operation of the

Murray‑Darling Basin Agreement, any resolution of the Ministerial

Council under that agreement or the Basin Plan under the

Water Act 2007 of the Commonwealth); and

provide for the care, control, management, conservation or preservation of any land within the Murray-Darling Basin; and

act in conjunction with any other person or authority.

The Minister must on or before 30 September in each year prepare a report on the operation of this Act for the financial year ending on the preceding 30 June.

The report must include—

information on the implementation of this Act (taking into account the provisions of the Implementation Strategy); and

information on the extent to which the objects of this Act and the

ORMs are being achieved; and

reports on the following matters for the relevant financial year:

the referral of matters to the Minister under any related operational Act; and

the enforcement of the general duty of care; and

action taken by the Minister or an authorised officer under

Part

8.

The Minister must cause a copy of the report to be laid before both

Houses of Parliament within 6 sitting days after the report is prepared.

The Minister must, on a three-yearly basis, undertake a review of this Act.

The review must include—

an assessment of the interaction between this Act, the related operational Acts, and any other Act considered relevant by the Minister;

and

an assessment of the state of the River Murray, especially taking into account the ORMs, and may include other matters determined by the Minister to be relevant to a review of this Act.

The review must be undertaken so as to coincide with the end of a financial year and the outcome of the review must be reported on as part of the

Minister's annual report to Parliament for that financial year.

The Minister may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this Act or any related operational

Act.

A delegation under this section—

must be by instrument in writing; and

may be absolute or conditional; and

does not derogate from the power of the Minister to act in any matter; and

is revocable at will.

A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.