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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 140
As laid on the table and read a first time, 21 September
2005
South Australia
Natural
Resources Management (Use of Recycled Water) Amendment Bill 2005
A Bill For
An Act to amend the Natural Resources Management
Act 2004.
Contents
Part 1—Preliminary
1 Short title
2 Amendment provisions
Part 2—Amendment of Natural
Resources Management Act 2004
3 Amendment of section 101—Declaration
of levies
Schedule 1—Transitional provision
1 Application of
amendments
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Natural Resources Management (Use
of Recycled Water) Amendment Bill 2005.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Natural Resources Management
Act 2004
3—Amendment of section 101—Declaration of levies
Section 101—after
subsection (13) insert:
(13a) Despite a preceding
subsection, if the Minister is served with a notice in the prescribed manner
and form by a person—
(a) who is the supplier of recycled water within a qualifying
market; or
(b) who is the user of recycled water within a qualifying
market,
the Minister must, with respect to each financial year for which
that qualifying market is in existence (as determined at the time of the
declaration of the relevant levy), ensure that a levy declared under this
section in respect of the taking of water from a water resource, insofar as the
taking of the water is from within the area of the qualifying market, is, when
considered as a rate per unit of water, at least 5 per cent higher than
the rate at which recycled water is available for purchase within the
qualifying market.
(13b) For the purposes of subsection (13a), a qualifying
market is a market for the supply of recycled water through the sale of
the water to genuine purchasers at arms length for a value at least equal to
fair market value where—
(a) the area within which the recycled water can be reasonably
supplied is at least 10 square kilometres; and
(b) the
number of persons who have entered into agreements to purchase, or who could
reasonably be expected to purchase, recycled water for use within an area
identified for the purposes of paragraph (a) is equal to, or greater than,
10.
(13c) For
the purposes of subsections (13a) and (13b), the Minister may consider and
rely on such information as the Minister thinks fit, and apply any assumptions
determined by the Minister to be reasonable in the circumstances.
Schedule 1—Transitional provision
The amendments made to the Natural Resources Management Act 2004 by this Act may apply with respect to the 2005/2006 financial year, and any subsequent financial year.