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LANDSCAPE SOUTH AUSTRALIA (WATER MANAGEMENT) REGULATIONS 2020 (NO 223 OF 2020) - REG 7

7—Refund of levies (section 87 of Act)

        (1)         In this regulation—

"donation" means a gift for no consideration;

"environmental donations entitlement" means a water licence or water allocation—

            (a)         that relates to water in a water resource that is subject to a water levy in respect of a particular financial year; and

            (b)         that is subject to conditions to the effect—

                  (i)         that any water taken under or in connection with the licence or water allocation may only be used for an environmental purpose in a manner accredited by the regional landscape board specified in the condition; and

                  (ii)         that the person who is the holder of the licence or water allocation is accredited by the regional landscape board specified in the condition to receive, transfer or use donations of water for environmental purposes recognised by that board for the purposes of this regulation.

        (2)         In connection with the operation of subregulation (1), a regional landscape board must, in deciding whether to issue an accreditation for the purposes of a water licence or water allocation being recognised as an environmental donations entitlement, apply any criteria determined by the Minister.

        (3)         For the purposes of section 87 of the Act—

            (a)         the donation of the whole or a part of a water access entitlement or water allocation to the holder of an environmental donations entitlement (for water to be used for environmental purposes); and

            (b)         the variation of conditions attached to a water licence or water allocation so that the licence or the water allocation will become an environmental donations entitlement,

are recognised as natural resources management practices on which an application for a refund of a water levy may be based.

        (4)         The maximum proportion of a water levy that may be subject to a refund (the "eligible levy amount") is equal to the proportion of the allocation or water access entitlement donated, or within the ambit of the relevant condition, in the manner contemplated by subregulation (3).

        (5)         The amount of any refund will be determined according to the following table:

Date within the relevant financial year on which the donation or variation of conditions takes effect

Percentage of eligible levy amount payable

1 July—10 July

100

11 July—31 October

75

1 November—31 January

50

1 February—31 March

25

1 April—30 June

0


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