South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
(1) An application for
a permit must be in a form approved by the relevant authority and must, if a
fee has been prescribed by regulation in relation to the application, be
accompanied by the fee.
(2) The applicant must
provide the relevant authority with such information as the authority
reasonably requires to consider the application.
(3) The decision of a
relevant authority to grant an application must not be inconsistent with the
State NRM plan.
(4) A
relevant authority must—
(a) take
into account the provisions of the relevant regional NRM plan when considering
an application for a permit; and
(b)
ensure that the permit, if granted, and any conditions of the permit, are not
inconsistent with the provisions of the relevant regional NRM plan.
(5) A
relevant authority must not grant a permit contrary to a notice for the time
being in force under section 132
.
(6) If an application
for a permit relates to an area within a River Murray Protection Area and is
within a class of applications prescribed by the regulations for the purposes
of this provision (which class may be prescribed so as to consist of all such
permits), the relevant authority must, before making its decision on the
application—
(a)
consult the Minister to whom the administration of the River
Murray Act 2003 is committed; and
(b)
comply with the Minister's directions (if any) in relation to the application
(including a direction that the application not be granted, or that if it is
to be granted, then the permit be subject to conditions specified by the
Minister).
(7) The
relevant authority's decision on an application for a permit that relates to
an area within the Murray-Darling Basin must take into account the terms or
requirements of the Murray-Darling Basin Agreement and any resolution of the
Ministerial Council under that agreement (insofar as they may be relevant).
(8) Subject to its
terms, a permit is binding on and operates for the benefit of the applicant
and the owner and occupier of the land to which it relates when it is granted
and all subsequent owners and occupiers of the land.
(9) A permit is
subject to such conditions as are prescribed by this Act or by the
regulations, or are specified in the permit by the relevant authority.
(10) Depending on its
nature, a condition may remain in force after the activity authorised by the
permit has been completed.
(11) It is a condition
of a permit to drill, plug, backfill or seal a well or to repair, replace or
alter the casing, lining or screen of a well that the work be undertaken by a
person who is a licensed well driller or is supervised in carrying out the
work by a licensed well driller.
(12) If the
relevant authority is satisfied that the holder of a permit or a person acting
on behalf of the holder of a permit has contravened or failed to comply with a
condition of the permit, the authority may, by notice served on the holder of
the permit, vary, suspend or revoke the permit.
(13) If an NRM plan
has been varied, a relevant authority may vary a permit granted by it so that
the permit is not inconsistent with the plan.
(14) If it is not
possible or practicable to vary a permit under subsection (13)
so that the permit is not inconsistent with an NRM plan, the
relevant authority may revoke the permit.
(15) If the rising
level of underground water is—
(a)
damaging soil, rock or other structures; or
(b)
damaging ecosystems; or
(c)
affecting the natural drainage of surface water,
the relevant authority may revoke a permit to drain or discharge water
directly or indirectly into a well that provides access to that underground
water.
(16) In any other
case, the relevant authority may vary, suspend or revoke a permit with the
consent of the holder of the permit.
(17) The variation or
revocation of a permit under this section will be effected by the
relevant authority serving notice of the variation or revocation on the holder
of the permit.
(18) The holder of a
permit may appeal to the ERD Court against the variation or revocation of the
permit under this section.
(19) A
relevant authority that has granted a permit to undertake an activity and a
person employed by, or who acted on behalf of, the authority in granting the
permit is not liable for any injury, loss or damage caused by, or resulting
from—
(a) the
manner in which the activity is carried out; and
(b) in
the case of the erection, construction or enlargement of a dam, wall, building
or other structure—the design of the dam, wall, building or other
structure or the materials used for its erection, construction or enlargement.
(20) In this
section—
"relevant authority" in relation to a permit means the authority that is for
the time being the relevant authority under section 126
for the purpose of granting or refusing an application for a permit of that
kind.