South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 162

162—Notice provisions

If an application for a water resource works approval or the variation of a water resource works approval falls within a class specified by the relevant water allocation plan for the purposes of this section—

            (a)         notice of the application must be given by the Minister, in accordance with the regulations, to those persons specified in the plan and to those persons (if any) prescribed by the regulations, and to the public generally; and

            (b)         if notice of an application has been given under this section, any person who desires to do so may, in accordance with the regulations, make representations in writing to the Minister in relation to the granting or refusal of the application; and

            (c)         the Minister must forward to the applicant a copy of the representations (if any) made and allow the applicant an opportunity to respond, in writing, to those representations; and

            (d)         the response referred to in paragraph (c) must be made within the number of days prescribed by the regulations after the relevant material is forwarded to the applicant; and

            (e)         the Minister must allow a person who made a representation and who, as part of that representation, indicated an interest in appearing before the Minister, a reasonable opportunity to appear personally or by representative before the Minister to be heard in support of the representation; and

            (f)         if a person appears before the Minister under paragraph (e) , the Minister must also allow the applicant a reasonable opportunity, on request, to appear personally or by representative in order to respond to any relevant matter; and

            (g)         if representations have been made under this subsection, the Minister must, within the period prescribed by the regulations—

                  (i)         give to each person who made a representation notice of the Minister's decision on the application and of the date of the decision and of the person's appeal rights under this Act; and

                  (ii)         give notice to the ERD Court—

                        (A)         of the Minister's decision on the application and of the date of the decision; and

                        (B)         of the names and addresses of persons who made representations to the Minister under this section; and

            (h)         a person who is entitled to be given notice of the decision under paragraph (g) may, within 15 business days after the date on which the notice was given to him or her, appeal to the ERD Court against the decision; and

                  (i)         if an appeal is lodged by a person who is entitled to be given notice of the decision under paragraph (g) , the applicant for the water resource works approval or variation (as the case may be) must be notified by the ERD Court of the appeal and will be a party to the appeal; and

            (j)         a decision of the Minister in respect of which representations have been made under this section does not operate—

                  (i)         until the time within which any person who made any such representation may appeal against a decision to grant the application has expired; or

                  (ii)         where an appeal is commenced—

                        (A)         until the appeal is dismissed, struck out or withdrawn; or

                        (B)         until the questions raised by the appeal have been finally determined (other than any question as to costs).