South Australian Numbered Acts South Australian Numbered Acts12—Amendment of section 3—Interpretation
(1) Section 3(1),
definition of "construct"—after
"alter" insert:
, reduce, enlarge
(2)
Section 3(1)—after the definition of "construct" insert:
"consumptive pool" means the water that will from time to time be taken to
constitute the resource within a particular part of a prescribed water
resource for the purposes of Chapter 7, as determined—
(a) by
or under a water allocation plan for that water resource; or
(b) in
prescribed circumstances—by the Minister;
(3)
Section 3(1)—after the definition of "CPI" insert:
"delivery capacity entitlement" means a delivery capacity entitlement issued
under Chapter 7 Part 3 Division 5;
(4) Section 3(1),
definition of "Interstate Water Entitlements Transfer Scheme —delete the
definition and substitute:
"Interstate Water Entitlements Transfer Scheme" or
"IWETS" means—
(a) a
scheme for the transfer of entitlements between 2 or more States under the
Agreement approved under the Murray-Darling Basin Act 1993 ; or
(b) an
agreement between South Australia and 1 or more other States or a Territory
entered into under Chapter 7 Part 3 Division 6;
(5)
Section 3(1)—after the definition of "SA Water" insert:
"Schedule 3A entitlement" means—
(a) a
water licence; or
(b) a
water access entitlement (or part of a water access entitlement); or
(c) a
water allocation (or part of a water allocation); or
(d) a
delivery capacity entitlement;
"security interest" means a mortgage or charge over, or other arrangement of a
kind prescribed by the regulations in respect of, a water management
authorisation that secures the payment of a debt or the performance of some
other obligation under a contract or other legally enforceable arrangement;
(6)
Section 3(1)—after the definition of "sell" insert:
"site use approval" means a site use approval issued under Chapter 7
Part 3 Division 4;
(7)
Section 3(1)—after the definition of "vehicle" insert:
"water access entitlement"—see section 146(2);
(8) Section 3(1),
definition of "water allocation", (a)—delete paragraph (a) and
substitute:
(a) in
respect of a water licence, means an allocation of water under the terms of
the licence in accordance with Chapter 7 Part 3 Division 2 and
includes, if the context so requires, a component or part of such an
allocation, or the water available in connection with the entitlement;
(ab) in
respect of an Interstate Water Entitlements Transfer Scheme, means an
allocation of water under the terms of that scheme and the provisions of
Chapter 7 Part 3 Division 2 and includes, if the context so
requires, a component or part of such an allocation, or the water available in
connection with the entitlement;
(9) Section 3(1),
definition of "water (holding) allocation —delete the definition
(10) Section 3(1),
definition of "water licence"—delete the definition and substitute:
"water licence" means a licence granted by the Minister under
section 146;
"water management authorisation" means—
(a) a
water licence; or
(b) a
water allocation; or
(c) a
site use approval; or
(d) a
water resource works approval; or
(e) a
delivery capacity entitlement;
"The Water Register"—see section 226(1a) and (1b);
(11)
Section 3(1)—after the definition of "water resource insert:
"water resource works approval" means a water resource works approval issued
under Chapter 7 Part 3 Division 3;
(12) Section 3(1),
definition of "water (taking) allocation —delete the definition
(13)
Section 3(1)—after the definition of "wetland" insert:
"works" means—
(a) dams
or reservoirs;
(b)
wells or channels;
(c)
pumps, pumping stations, pipes and tanks;
(d)
drains, machinery or other plant or equipment;
(e)
other forms of structures or apparatus;
(f)
other items brought within the ambit of this definition by the regulations,
whether on, above or under land, but does not include any items excluded from
the ambit of this definition by the regulations.
(14) Section 3(5) and
(6)—delete subsections (5) and (6) and substitute:
(5) A reference in
this Act to varying a water management authorisation (in any of its forms)
includes a reference to varying the conditions attached to the particular
water management authorisation.
(6) The conditions of
an authorisation or permit under this Act may be varied by the addition,
substitution or deletion of 1 or more conditions.