South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 152

152—Allocation of water

        (1)         A water allocation may be obtained—

            (a)         on account of a water access entitlement under a water licence; or

            (ab)         as a carry-over under subsection (7)(a) or  (b); or

            (b)         under an Interstate Water Entitlements Transfer Scheme; or

            (c)         from the holder of a forest water licence (subject to any conversion or adjustment under the provisions of any relevant water allocation plan).

        (2)         In a case where subsection (1)(a) applies, the water allocation may be obtained—

            (a)         by the holder of the relevant water licence, on the basis that the water allocation is being granted by the Minister under the terms of the water licence; or

            (b)         by a person, whether or not the person is the holder of a water licence, on the basis of a transfer of a water allocation that has been provided by the Minister under the terms of a water licence.

        (2a)         In a case where subsection (1)(ab) applies, the water allocation that is carried over will be subject to such adjustments (including a reduction) as the Minister may determine for the purposes of this section.

        (3)         In a case where subsection (1)(b) applies, the Minister will issue a water allocation that is to take effect for the purposes of this Act.

        (4)         A water allocation will relate to a specified water resource (or part of a water resource)—

            (a)         endorsed on the relevant instrument under the terms of the water licence to which the allocation is attributable (as determined under the water access entitlement); or

            (b)         determined under the terms of the relevant Interstate Water Entitlements Transfer Scheme.

        (5)         A water allocation is subject to—

            (a)         any other provision of this Act that operates with respect to the water allocation; and

            (b)         the conditions attached to the water allocation.

        (6)         A water allocation is personal property and may pass to another in accordance with the provisions of this Act or, subject to this Act, in accordance with any other law for the passing of property.

        (7)         A water allocation will initially relate to a specified period (not exceeding 12 months) and if water is not taken under the terms of the allocation during that period the allocation may be carried over if—

            (a)         to do so is authorised by the relevant water allocation plan; or

            (b)         a carry-over is allowed by the Minister (either by determination of the Minister in a particular case or cases or under a policy established by the Minister for the purposes of this section by notice in the Gazette),

but otherwise the water allocation will expire at the end of the period.

        (8)         To avoid doubt, subsection (7) extends to a water allocation converted from a water allocation attached to a forest water licence under Part 5A to a water allocation within the operation of this section.