South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 147

147—Water licences—applications and matters to be considered

        (1)         An application for a water licence must be in a form approved by the Minister and must—

            (a)         specify the water resource in relation to which the licence is being sought; and

            (b)         be accompanied by the fee prescribed by the regulations; and

            (c)         be accompanied by such other information or material as the Minister may require.

        (2)         The Minister may, if the Minister thinks fit, issue licences with respect to a particular water resource, or a particular part of a water resource, on the basis of applications submitted to the Minister under procedures determined by the Minister as being appropriate in the relevant circumstances (including procedures that require applications to be submitted as tenders or furnished as part of an auction process).

        (3)         The Minister may refuse to grant a water licence—

            (a)         if in the opinion of the Minister—

                  (i)         it would be contrary to the provisions of the relevant water allocation plan to grant a water access entitlement under the terms of the licence that is being sought; or

                  (ii)         a water access entitlement under the terms of the licence that is being sought would relate to water that is so contaminated that its use would create a risk to the health of people or animals; or

            (b)         if the application has not been successful under the terms of any procedure established under subsection (2) ; or

            (c)         to a person, or to the associate of a person, who formerly held a water management authorisation that was cancelled under this Act; or

            (d)         to a person who has acted in contravention of this Act; or

            (e)         on any ground prescribed by the regulations; or

            (f)         on any other reasonable ground.

        (4)         If an application for a water licence is within a class of applications prescribed by the regulations for the purposes of this provision, the Minister must, before making a 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 licence be subject to conditions specified by the Minister).

        (5)         The Minister's decision on an application for a water licence that relates to a water resource 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).

        (6)         In addition, the Minister's decision on the grant of a water licence must—

            (a)         be made in the public interest; and

            (b)         be consistent with requirements (if any) prescribed by the regulations.

        (7)         The Minister may, if the licence is being issued under procedures that require the payment of a fee or purchase price with respect to the licence, require the relevant payment before granting a water licence.

        (8)         In this section—
"relevant water allocation plan" means the water allocation plan that relates to the water resource in relation to which the licence is sought and includes the water allocation plan of another water resource (if any) that includes provisions relating to the taking, or the taking and use, of water from the firstmentioned water resource.