South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 159

159—Water resource works approvals—applications and matters to be considered

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

            (a)         specify—

                  (i)         the water resource in relation to which the approval is being sought; and

                  (ii)         the nature and extent of the works for which the approval is being sought; and

                  (iii)         the place where the works will be located; 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, after receiving an application, request the applicant to provide such additional information or material as the Minister thinks fit in order to assess the application.

        (3)         The Minister may refuse to grant an approval—

            (a)         if in the opinion of the Minister—

                  (i)         it would be contrary to the provisions of the relevant water allocation plan to grant the approval; or

                  (ii)         the proposed works are inappropriate after taking into account any matter prescribed by the regulations, or such other matters as the Minister thinks fit; or

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

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

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

            (e)         on any other reasonable ground.

        (4)         If an application for an approval 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 approval be subject to conditions specified by the Minister).

        (5)         The Minister's decision on an application for a water resource works approval 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 an approval must—

            (a)         take into account any relevant environmental, social or economic impacts associated with the construction or use of the relevant works; and

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