South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 128

128—Certain uses of water authorised

        (1)         Subject to subsection (2) , the Minister may, by notice published in the Gazette, authorise the taking of water from a prescribed watercourse, lake or well, or the taking of surface water from a surface water prescribed area, for a particular purpose specified in the notice.

        (2)         A notice under subsection (1) cannot authorise the taking of water by stopping, impeding or diverting the flow of water for the purpose of collecting the water or diverting the flow of water from a watercourse unless the Minister is satisfied that it is reasonable to allow the water to be taken in this way after taking into account any criteria prescribed by the regulations for the purposes of this subsection.

        (3)         A notice under subsection (1) may apply generally throughout the State or in relation to a particular watercourse or lake or to the wells, or the wells of a particular class, in a particular part of the State or to a particular surface water prescribed area (including as to particular stormwater infrastructure (or a part of stormwater infrastructure) or stormwater infrastructure of a particular class).

        (4)         An authorisation under subsection (1) will be subject to such conditions as the Minister thinks fit and specifies in the notice.

        (5)         The Minister may vary or revoke a notice under subsection (1) by a subsequent notice published in the Gazette and in a newspaper circulating generally throughout the State.

        (6)         If a notice referred to in subsection (1) applies to a particular water resource but does not apply generally throughout the State, a notice varying or revoking it under subsection (5) must also be published in a newspaper circulating in the area in which the water resource is situated.

        (7)         A notice published under subsection (5) or (6) does not have effect, insofar as it revokes or restricts the right to take water or imposes further conditions on that right, until the expiration of 7 days after its publication.

        (8)         If SA Water has discharged water into a prescribed watercourse, the Minister may authorise SA Water to take water from the watercourse.

        (9)         An authorisation under subsection (8) is subject to such conditions as the Minister thinks fit and may be varied or revoked by the Minister at any time.