River Murray Act 2003

The Minister may enter into an agreement (a management agreement) relating to—

the conservation or management of water;

the preservation, conservation, management, enhancement or re-establishment of any aspect of the natural resources of the River Murray;

any other matter associated with furthering the objects of this Act or the ORMs, with the owner of any land within the Murray-Darling Basin.

Without limiting the operation of subsection (1), a management agreement may, with respect to the land to which it relates—

require specified work or work of a specified kind be carried out on the land, or authorise the performance of work on the land;

restrict the nature of any work that may be carried out on the land;

prohibit or restrict specified activities or activities of a specified kind on the land;

provide for the care, control, management or operation of any infrastructure, plant or equipment;

provide for the management of any matter in accordance with a particular management plan (which may then be varied from time to time by agreement between the Minister and the owner of the land);

provide for the adoption or implementation of environment protection measures or environment improvement programs;

provide for the testing or monitoring of any aspect of the natural resources of the River Murray;

provide for financial, technical or other professional advice or assistance to the owner of land with respect to any relevant matter;

provide for a remission or exemption in respect of a levy under Part 5 Division 2 of the Landscape South Australia Act 2019;

provide for remission of rates or taxes in respect of the land;

provide for the Minister to pay to the owner of the land an amount as an incentive to enter into the agreement.

The Minister should take reasonable steps to consult with the relevant council before entering into a management agreement that provides for the remission of any council rates under subsection (2)(j).

A term of management agreement under subsection (2)(i) or (j) has effect despite any other Act or law to the contrary.

The Registrar-General must, on the application of a party to a management agreement, note the agreement against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land.

A management agreement has no force or effect under this Act until a note is made under subsection (5).

Where a note has been entered under subsection (5), the agreement is binding on each owner of the land from time to time whether or not the owner was the person with whom the agreement was made and despite the provisions of the Real Property Act 1886, and on any occupier of the land.

The Registrar-General must, if satisfied on the application of the Minister or the owner of the land that an agreement in relation to which a note has been made under this section has been rescinded or amended, enter a note of the rescission or amendment against the instrument of title, or against the land (but must otherwise ensure that the note is not removed once made).

Except to the extent that the agreement provides for a remission or exemption under subsection (2)(i) or (j), a management agreement does not affect the obligations of an owner or occupier of land under any other Act.