South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 164J

164J—Variation of delivery capacity entitlements

        (1)         A delivery capacity entitlement may be varied by the Minister—

            (a)         at any time on the application of, or with the consent of, the holder of the delivery capacity entitlement; or

            (b)         if the delivery capacity entitlement provides for intervals at which the conditions of the delivery capacity entitlement 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 delivery capacity entitlement relates and the variation is necessary, in the opinion of the Minister, to prevent the delivery capacity entitlement from being inconsistent with the plan; or

            (d)         at any time if the variation is to impose or vary a condition of a delivery capacity entitlement 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)         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 delivery capacity entitlement—

            (a)         must be consistent 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 delivery capacity entitlement was granted; and

            (b)         must be made in the public interest; and

            (c)         if the delivery capacity entitlement 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 delivery capacity entitlement may appeal to the ERD Court against—

            (a)         a decision to refuse to grant an application to vary his or her delivery capacity entitlement under subsection (1)(a) ; or

            (b)         the variation of his or her delivery capacity entitlement under subsection (1)(b) , (c) or (d) .

        (5)         However, if the delivery capacity entitlement 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 delivery capacity entitlement under this section.