South Australian Numbered Acts South Australian Numbered ActsAfter section 146 insert:
146A—Special authority to take water in South Australia under interstate
agreement
(1) The Minister may,
in order to facilitate the interstate trading of allocations of water, so as
to provide for authority to a person to take water in South Australia under
the terms of an Interstate Water Entitlements Transfer
Scheme, issue an authority (to be called an "IWETS authority") under this
section.
(2) An application for
an authority under this section must be in a form approved by the Minister and
must be accompanied by the prescribed fee.
(3) The Minister may
refuse to grant an authority under this section on the grounds that apply
under subsection (3) of section 146 as if the application for the
authority were an application for a licence under that section.
(4) The Minister may
grant an authority under this section that is subject to—
(a)
conditions prescribed from time to time by the regulations; and
(b) such
other conditions as are endorsed on the authority by the Minister.
(5) An authority under
this section—
(a)
remains in force until the authority is terminated by or under this Act; and
(b) may
specify intervals at which the Minister may vary the conditions of the
authority.
(6) Without limiting
the operation of subsection (4), a condition of an authority under this
section that relates to a water resource within the Murray-Darling Basin may
include—
(a) a
requirement that the holder of the authority enter into a bond in such sum and
subject to such terms and conditions specified by the Minister, or enter into
some other arrangement specified by the Minister (which may include the
payment of a sum or sums of money into an account specified by the Minister),
to ensure that money is available to address the costs of any damage to the
River Murray (being the costs of any such damage within the meaning of
section 3(5) of the River Murray Act 2003 ) that may be attributable
to the taking or use of water by virtue of the licence;
(b) a
requirement that the holder of the authority—
(i)
develop to the satisfaction of the Minister an
environment improvement program containing requirements specified by the
Minister, and then comply with the requirements of that program to the
satisfaction of the Minister; or
(ii)
participate in a specified environment improvement
program (including a program that applies with respect to any part of the
River Murray);
(c) a
requirement that the holder of the authority participate in any other form of
scheme to protect, restore or otherwise benefit the River Murray specified by
the Minister (including a scheme established by the Minister or any other
person or body that has effect in relation to any part of the River Murray and
including by payment of a sum or sums of money into an account established or
used for the purposes of the scheme).
(7) Without limiting
the operation of subsection (6), a condition of a kind referred to in
that subsection may be imposed with respect to any damage to the River Murray
occurring before the commencement of this section.
(8) A condition of a
kind referred to in subsection (6) may also be imposed with respect to
damage to the River Murray occurring before the imposition of the condition.
(9) Sections 147
to 164 (inclusive) will apply to an IWETS authority issued under this section
as if it were a water licence issued under section 146, subject to such
modifications as may be necessary for the purpose or as may be prescribed by
regulations made for the purposes of this provision.
(10) An IWETS
authority is personal property vested in the holder of the licence and will
pass to another person under Division 3 (as applied by subsection (9)) or
(subject to that Division) in accordance with any other law for the passing of
property.