South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 126

126—Determination of relevant authority

        (1)         The relevant authority in relation to the granting of a water management authorisation is the Minister.

        (2)         Subject to subsections (3) and (6), the relevant authority in relation to activities for which a permit is required under this Part is—

            (a)         in the case of an activity referred to in section 127(3)(a) , (b) or (c) —the Minister;

            (b)         in the case of an activity referred to in section 127(3)(d) where—

                  (i)         a comprehensive NRM plan has been adopted for the region in which the activity is to be undertaken—the regional NRM board for that region;

                  (ii)         in any other case—the Minister;

            (c)         in the case of the discharge of water into a watercourse for the purpose of running the water down the watercourse for storage in a reservoir or other facility—the Minister;

            (d)         in the case of an activity (other than an activity referred to in paragraph (c) ) referred to in section 127(3)(e) or (f) —the authority (being the Minister, the regional NRM board, an NRM group, a council or a council subsidiary) specified in the relevant NRM plan or regulation as the authority from whom the permit must be obtained.

        (3)         The authority that is specified as the relevant authority by subsection (2) or by an NRM plan or regulation under paragraph (d) of that subsection may appoint the Minister, a regional NRM board, an NRM group, a council or a council subsidiary in its place to be the relevant authority and in that event the Minister, board, NRM group, council or council subsidiary so appointed is the relevant authority.

        (4)         An appointment under subsection (3) must be in writing.

        (5)         An NRM plan will be taken to be a comprehensive plan in relation to a permit for an activity referred to in section 127(3)(d) if the Minister has given to the regional NRM board a certificate that, in the Minister's opinion, the plan deals comprehensively with matters requiring consideration before granting or refusing a permit for an activity of that kind.

        (6)         In the case of an activity of a prescribed class within the Murray-Darling Basin, the Minister will be the relevant authority in relation to activities for which a permit is required under this Part.