307
Level of
Government
Legislation
Description/Purpose
Relevance to climate change adaptation in the Western
Region
State
Adelaide Dolphin
Sanctuary Act 2005
Establishes a dolphin sanctuary to protect the dolphin population and the protection and
enhancement of the Port Adelaide River estuary and Barker Inlet and its natural habitat.
The Western Region encompasses parts of the dolphin sanctuary.
The Port River Dolphins attract tourists to the Port and are well
known by the Adelaide community.
State
Development Act
1993
The Development Act provides for the planning and regulation of development in the
State. The Act establishes Development Plans.
Each council has a Development Plan established in accordance
with the Development Act.
State
Natural Resources
Management Act
2004
The Natural Resources Management (NRM) Act 2004 establishes the NRM Council as
the statewide peak body for natural resources management, establishes Regional NRM
Boards and mechanisms to manage natural resources.
The Western Region is within the Adelaide and Mt Lofty NRM
Board region.
State
Heritage Places Act
1993
The Act establishes the State Heritage Committee, establishes mechanisms to list and
manage State Heritage Places and requires maintaining of a Heritage Register. The
owner of a State Heritage Place is required to take ‘reasonable care’ of the property.
There are many State Heritage properties in the Western Region
which are protected under this legislation. Demolition or
renovation of State Heritage properties is restricted and may
influence the extent of adaptation strategies related to
development and buildings in some areas.
State
Local Government
Act 1999
Identifies the responsibility of Local Government, including the provision of public services
and facilities and developing initiatives to improve the quality of life of the community.
Council’s are required to develop Strategic Management Plans which (among other
functions) outline a Council’s approach to long term financial planning and the
management and development of major assets and infrastructure over at least a 10 year
period. The Act affirms the role of the Local Government Association (LGA) and requires
that the LGA will conduct and manage the Local Government Association Mutual Liability
Scheme.
The Act establishes the Stormwater Management Authority to facilitate and co-ordinate
stormwater management planning by councils and to provide advice to the Minister in
relation to the State's stormwater management system, as well as other responsibilities.
Each council has a strategic management planning framework
which incorporates a hierarchy of plans which address issues
relevant to climate change adaptation.
The LGA, LGA Mutual Liability Scheme and Stormwater
Management Authority have roles in the adaptation to climate
change.
State
Water Industry Act
2012
The Act was adopted by Parliament in April 2012 and is part of the biggest overhaul of
water industry legislation in South Australia’s history. It brings different water acts of
Parliament into a single piece of legislation so South Australia can take an integrated
approach to the water industry for the first time. It repeals the
Waterworks Act 1932
,
Water Conservation Act 1936
and
Sewerage Act 1929
on 1
st
January 2013. The Act
appoints the Essential Services Commission of South Australia (ESCOSA) as the
independent regulator for urban and regional water and sewerage services and gives
ESCOSA the power to regulate prices and standards for water and sewerage services.
This legislation also allows for an independent Water Industry Ombudsman, along with a
Consumer Advisory Committee, to ensure customers’ complaints are investigated.
An integrated approach to water supply and sewage services may
increase opportunities for more innovative solutions to water and
sewage management in the Western Region.
State
South Australian
Public Health Act
2011
The Act promotes and provides for the protection of the health of the public of South
Australia and aims to reduce the incidence of preventable illness, injury and disability.
The Act was approved by Parliament in June 2011 and is replacing the existing
Public
and Environmental Health Act 1987
in stages over two years.
Local councils have a significant role in public health which will
continue under the new Public Health Act.
Note: Other legislation may be applicable to climate change adaptation however those considered the most relevant to the Western Region have been identified above.
