South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
106—Determination of quantity of water taken
(1) If the basis of a
levy is or includes the quantity of water taken then the following provisions
apply:
(a)
meter readings will be used to determine the quantity of water taken except
where—
(i)
a meter has not been installed; or
(ii)
the readings given by the meter are unreliable in the
opinion of the Minister;
(b) if
meter readings are used, the quantity of water taken during an
accounting period will be taken to be the quantity of water taken during the
consumption period for that accounting period;
(c) if
meter readings are not used, the quantity of water taken during an
accounting period will, subject to subsection (3)
, be assessed by the Minister on—
(i)
the basis of the pumping capacity of the pump (if any)
used to take the water; or
(ii)
the basis of the area of land irrigated and the crop
grown on that land; or
(iii)
such basis as the Minister thinks fit;
(d)
water taken—
(i)
by the occupier of land for domestic purposes on the land
or for providing stock (other than stock subject to intensive farming) kept on
the land with drinking water; or
(ii)
for firefighting,
must be disregarded;
(e) if
water taken for domestic or stock purposes or for firefighting is not measured
by meter, or the water taken is used for other purposes as well, the Minister
must make an assessment of the quantity of water taken for those purposes in
accordance with paragraph (c)
;
(f)
water taken for the purposes of the construction or repair of a public road
must be disregarded;
(g) if
water taken for the purposes of the construction or repair of a public road is
not measured by meter, or the water is taken for other purposes as well, the
Minister must make an assessment of the quantity of water taken for those
purposes on such basis as the Minister thinks fit.
(3) The Minister
cannot make an assessment under subsection (1)(c)
of the quantity of water taken (except for domestic or stock purposes) unless,
before the commencement of the accounting period in relation to which the
assessment is to be made, the Minister publishes in the Gazette—
(a) if
the basis of assessment is to be pumping capacity—the method to be used
in assessing the quantity of water on that basis;
(b) if
the basis of assessment is to be crop area—water use rates for the crop
concerned;
(c) if
some other basis of assessment is to be used—the basis to be used and
the method by which it will be used.
(4) If a person liable
to pay a levy with respect to water taken from a prescribed water resource is
dissatisfied with the accuracy of a meter supplied by the Minister that is
being used to measure any quantity of water taken, the person may, on payment
of the fee prescribed by the regulations, require the Minister to test the
meter.
(a) the
meter used to measure any quantity of water taken has not been supplied by the
Minister; and
(b) the
Minister requires that the meter be tested,
then the person liable to pay a levy with respect to that water must ensure
that the meter is tested in the manner prescribed by the regulations and
provide a certificate relating to the testing to the Minister in accordance
with the regulations.
Maximum penalty: $10 000.
(6) If a person fails
to comply with subsection (5)
, the Minister may arrange for the meter to be tested and recover the cost of
the testing from that person as a debt due to the Crown in a court of
competent jurisdiction.
(7) If on testing a
meter in accordance with this section it is found—
(a) that
the quantity of water measured by the meter was not more than 5 per cent more
or less than the quantity of water actually taken, the quantity of water
measured by the meter will be the quantity in respect of which the levy is
payable;
(b) that
the quantity of water as measured by the meter was inaccurate by more than 5
per cent and the Minister is able to determine the degree of inaccuracy, the
Minister may serve a further notice under section 105
based on the quantity of water taken appropriately adjusted;
(c) that
the quantity of water as measured by the meter was inaccurate by more than 5
per cent but the Minister is unable to determine the degree of inaccuracy, the
Minister may serve a further notice under section 105
based on the Minister's assessment under subsection (1)(c)
and subsection (3)
does not apply in relation to an assessment in these circumstances.
(8) If the quantity of
water as measured by a meter tested under subsection (4)
was inaccurate by more than 5 per cent, the Minister must refund the fee
referred to in that subsection.
(9) A person who is
dissatisfied with the finding or determination of the Minister under subsection (7)
may appeal to the ERD Court against the finding or determination.
(10) If the Minister
assesses—
(a) the
quantity of water taken under subsection (1)(c)
; or
(b) the
quantity of water used for domestic or stock purposes or for firefighting
under subsection (1)(e)
; or
(c) the
quantity of water taken by a person who is not authorised by a licence or
under section 128
to take the water,
the assessment and the basis on which it was made cannot be called into
question by, or before, any court, tribunal or other authority except on the
ground that the assessment was not made in good faith.
(12) The Governor may,
by regulation, prescribe standards for meters used for the purpose of
determining the quantity of water taken.