South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
156—Variation of water allocations
(1) A water allocation
may be varied by the Minister—
(a) at
any time on the application of, or with the consent of, the holder of the
water allocation; or
(b) if
the water allocation provides for intervals at which the conditions of the
water allocation may be varied—at those intervals if, in the opinion of
the Minister, the variation is necessary or desirable to more effectively
regulate the use of water from the resource—
(i)
in accordance with the relevant water allocation plan and
this Act; or
(ii)
in accordance with the objects of the River
Murray Act 2003 or the Objectives for a Healthy River Murray under that
Act; or
(c) at
any time if there has been an alteration to the water allocation plan for the
water resource to which the water allocation relates and the variation is
necessary, in the opinion of the Minister, to prevent the water allocation
from being inconsistent (as to the basis on which the water allocation is
determined) or seriously at variance (as to the conditions of the
water allocation) with the plan; or
(d) at
any time if the variation is to impose or vary a condition of a
water allocation that relates to a water resource within the
Murray-Darling Basin and the Minister is of the opinion that the variation is
appropriate or desirable to prevent, reduce or address damage to the
River Murray; or
(e) if
the Minister is authorised to do so by another provision of this Act; or
(f)
under a scheme established under section 164O
; or
(g) if
the Minister is authorised to do so by the regulations.
(2) An application
under subsection (1)(a)
must—
(a) be
made in a form approved by the Minister; and
(b) be
accompanied by the fee prescribed by the regulations.
(3) The Minister's
decision on the variation of a water allocation—
(a)
must—
(i)
be consistent with the relevant water allocation plan;
and
(ii)
if the variation relates to conditions attached to the
water allocation—not be seriously at variance with the relevant
water allocation plan,
and for the purposes of this paragraph the relevant water allocation plan
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 water resource in relation to which the water allocation was granted;
and
(b) must
be made in the public interest; and
(c) if
the water allocation relates to a water resource within the
Murray-Darling Basin, must be made after taking 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);
and
(d) must
be consistent with requirements (if any) prescribed by regulation under this
paragraph (which regulation may prescribe circumstances where an application
for a variation must be refused).
(4) The holder of a
water allocation may appeal to the ERD Court against—
(a) a
decision to refuse to grant an application to vary the water allocation under subsection (1)(a)
; or
(b) the
variation of the water allocation under subsection (1)(b)
, (c) or (d) .
(5) However, if the
water allocation relates to a water resource within the Murray-Darling Basin
then no right of appeal will arise under subsection (4)
if the regulations so provide.
(6) The Minister is
not required to conduct a hearing or to give notice to a third party before
varying a water allocation under this section.
(7) Nothing in this
section limits or affects the operation of section 155
.