Upper South East Dryland Salinity and Flood Management Regs 2002 [Regs]

REGULATIONS UNDER THE UPPER SOUTH EAST DRYLAND SALINITY AND FLOOD MANAGEMENT ACT 2002

Upper South East Dryland Salinity and Flood Management Regulations 2002

being

No. 233 of 2002: Gaz. 19 December 2002, p. 4816¹

¹Came into operation 19 December 2002: reg. 2.

SUMMARY OF PROVISIONS

1.Citation

2.Commencement

3.Interpretation

4.Upper South East

5.Establishment of Project scheme

6.Project Area

7.Applications for warrants (s. 10 of the Act)

8.Public authorities and relevant interests (s. 12 of the Act)

9.Application Fee

SCHEDULE 1

The Upper South East

SCHEDULE 2

Project Works Scheme

Citation

1. These regulations may be cited as the Upper South East Dryland Salinity and Flood Management Regulations 2002.

Commencement

2. These regulations come into operation on the day on which the Upper South East Dryland Salinity and Flood Management Act 2002 comes into operation.

Interpretation

3. In these regulations—

"Act" means the Upper South East Dryland Salinity and Flood Management Act 2002.

Upper South East

4. For the purposes of the Act, the Upper South East consists of the area or areas described in Schedule 1 of these regulations.

Establishment of Project scheme

5. (1) Pursuant to section 4(1) of the Act, the Project scheme referred to in subregulation (2) is established to further the objects of the Act.

(2) The Project scheme consists of the following:

(a)the Upper South East Project lodged as Deposit No. 481 of 2002 in the General Registry Office (except to the extent that the effect of that document is modified by or inconsistent with the document referred to in paragraph (b)); and

(b)the Notice of Intention for Stage 3 of Upper South East Dryland Salinity and Flood Management Plan (prepared under the Environmental Protection (Impact of Proposals) Act 1974) lodged as Deposit No. 486 of 2002 in the General Registry Office; and

(c)the Project works scheme described in Schedule 2 of these regulations.

Project Area

6. For the purposes of section 4(3) of the Act, the Project Area consists of the area or areas described in Rack Plan 895 lodged in the Surveyor‑General's Office at Adelaide.

Applications for warrants (s. 10 of the Act)

7. (1) The grounds of an application for a warrant made personally must be verified by affidavit.

(2) An application for a warrant cannot be made by telephone unless in the opinion of the applicant a warrant is urgently required and there is not enough time to make the application personally.

(3) If an application for a warrant is made by telephone—

(a)the applicant must inform the magistrate of the applicant's name and identify himself or herself as an authorised officer, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant is an authorised officer; and

(b)the applicant must inform the magistrate of the purpose for which the warrant is required and the grounds on which it is sought; and

(c)if it appears to the magistrate from the information given by the applicant that there are proper grounds to issue a warrant, the magistrate must inform the applicant of the facts that justify, in the magistrate's opinion, the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and

(d)if the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts that justify, in the magistrate's opinion, the issue of the warrant; and

(e)the warrant is taken to have been issued, and comes into force, when signed by the magistrate; and

(f)the magistrate must inform the applicant of the terms of the warrant; and

(g)the applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c).

(4) A magistrate by whom a warrant is issued must file the warrant, or a copy of the warrant, and the affidavit verifying the grounds on which the application for the warrant was made, in the Magistrates Court.

Public authorities and relevant interests (s. 12 of the Act)

8. (1) The following bodies are brought within the ambit of the definition of "public authority" in section 12 of the Act:

(a)ANP Sea Gas SPV2 Pty Ltd (ACN 099 332 368);

(b)ANP Sea Gas SPV3 Pty Ltd (ACN 099 332 395);

(c)Distribution Lessor Corporation;

(d)Electranet Pty Ltd;

(e)ETSA Corporation;

(f)OE Sea Gas SPV2 Pty Ltd (ACN 095 483 453);

(g)OE Sea Gas SPV3 Pty Ltd (ACN 095 483 462);

(h)South East Australia Gas Pty Ltd (ACN 096 437 900);

(i)Transmission Lessor Corporation;

(j)TXU Sea Gas SPV1 Pty Ltd (ACN 095 483 444);

(k)TXU Sea Gas SPV2 Pty Ltd (ACN 099 332 331).

(2) A lease, or an underlease, conferring a right in the nature of an easement in favour of a public authority is excluded from the definition of "relevant interest" in section 12 of the Act.

Application Fee

9. For the purposes of section 19(3) of the Act, a fee of $143.80 is prescribed.

SCHEDULE 1

The Upper South East

That part of the State constituted by the following Hundreds:

Archibald

Beeamma

Binnum

Bowaka

Cannawigara

Colebatch

Conmurra

Coombe

Duffield

Field

Geegeela

Glen Roy

Glyde

Hynam

Jessie

Joanna

Joyce

Lacepede

Laffer

Landseer

Lochaber

Makin

Marcollat

McCallum

McNamara

Messent

Minecrow

Mount Benson

Murrabinna

Naracoorte

Neville

Parsons

Peacock

Pendleton

Petherick

Richards

Robertson

Ross

Santo

Senior

Shaugh

Spence

Stirling

Tatiara

Townsend

Wells

Willalooka

Wirrega

Woolumbool

SCHEDULE 2

Project Works Scheme

1. The schedule for the engineering and construction aspects (described in the documents referred to in Part B of Schedule 1 of the Act) of the Project works scheme is as follows:

Item	Project Works	Date
1.	Commence design of Kercoonda drain extensions	January 2003
2.	Commence construction of Northern Catchment drains (Mount Charles, Taunta Hut and Bunbury drains)	March 2003
3.	Commence design of Bakers Range, Ballater East, East Avenue, Rosemary Downs and Wongawilli drains	March 2003
4.	Commence cadastral surveys of constructed drains	March 2003
5.	Complete design of Kercoonda drain extensions	April 2003
6.	Complete design of Central Catchment drains (Taratap, Bald Hill, Wimpinmerit and Diddicoolum drains)	June 2003
7.	Commence construction of Kercoonda drain extensions	July 2003
8.	Complete construction of Northern Catchment drains (Mount Charles, Taunta Hut and Bunbury drains)	October 2003
9.	Commence construction of Central Catchment drains (Taratap, Bald Hill, Wimpinmerit and Diddicoolum drains)	October 2003
10.	Complete construction of Kercoonda drain extensions	November 2003
11.	Complete design of Bakers Range, Ballater East, East Avenue, Rosemary Downs and Wongawilli drains	December 2003
12.	Commence construction of Bakers Range, Ballater East, East Avenue, Rosemary Downs and Wongawilli drains	January 2004
13.	Complete construction of Central Catchment drains (Taratap, Bald Hill, Wimpinmerit and Diddicoolum drains)	April 2004
14.	Complete construction of Bakers Range, Ballater East, East Avenue, Rosemary Downs and Wongawilli drains	June 2004
15.	Complete cadastral surveys of constructed drains	January 2005

2. Tilley Swamp Risk Management

This part of the Project will commence in December 2002, and be completed in December 2006, and consists of ongoing measures including the following:

×development of risk assessment for use of Tilley Swamp as a buffer to hold excess water for release in conjunction with Morella Basin;

×provision of complementary wetland management to the Upper South East wetland complex and the southern lagoon of the Coorong;

×the utilisation of Tilley Swamp Watercourse as a high quality brackish wetland ecosystem.

3. Upper South East Wetland Types and their ecological requirements

This part of the project, to be commenced in December 2002 and concluded in December 2006, will consist of the gathering of data, testing and monitoring, including in relation to the following:

×the use of indigenous native species for reclamation of salt affected areas;

×the definition of wetland floristic plant communities, and preparation of categories for wetland definition based on character species;

×the optimum wetting and drying frequencies and duration, and salinity levels, for wetlands;

×the flooding and drought tolerances of the most sensitive plant and invertebrate species.

4. Watercourse Renovation

This part of the Project, known as the watercourse restoration project, will provide wetland habitat for aquatic species, refuge for waterbirds and assist in the protection and regeneration of riparian vegetation through measures including:

×the protection of representative wetland types;

×the undertaking of rehabilitation works; and

×the carrying‑out of wetland inventories and monitoring.

The watercourse restoration project will commence in December 2002.

5. Regional Revegetation Targets

This part of the Project promotes recharge control methods, and provide technical and planning support to landholders. Preliminary investigations suggest that a further 70 000 hectares of deep‑rooted perennial pasture will be required to be planted.

This part of the Project will commence in December 2002, and conclude in December 2006, and consist of gathering baseline data at strategic sites within the Project Area.