South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 164K

164K—Transfer of delivery capacity entitlements

        (1)         Subject to this Act, the relevant water allocation plan and the terms of the delivery capacity entitlement, the holder of a delivery capacity entitlement may transfer the delivery capacity entitlement to another person.

        (2)         A transfer may be absolute or for a limited period.

        (3)         A transfer requires the approval of the Minister.

        (4)         An application to the Minister for his or her approval must—

            (a)         be made in a form approved by the Minister; and

            (b)         be accompanied by the fee prescribed by the regulations.

        (5)         The Minister may refuse to grant approval for the transfer of a delivery capacity entitlement to a person on the same grounds as those on which the Minister would refuse to grant an application by that person for a delivery capacity entitlement.

        (6)         The Minister may refuse to grant approval for the transfer of a delivery capacity entitlement—

            (a)         if the holder of the delivery capacity entitlement is in breach of a condition of the delivery capacity entitlement; or

            (b)         unless or until any NRM water levy that has been imposed in relation to the delivery capacity entitlement has been paid.

        (7)         In addition, the Minister's decision to grant or refuse approval for the transfer 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 transfer must be refused).

        (8)         Subsection (7)(a) operates subject to the terms or requirements of an Interstate Water Entitlements Transfer Scheme.

        (9)         If an application for the transfer of a delivery capacity entitlement relates to a delivery capacity entitlement that relates to a water resource within the Murray-Darling Basin and falls within a class prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of all such applications), the Minister must, before making his or her decision on whether to grant the application—

            (a)         consult with 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 granted, then the Minister exercise a specified power under subsection (12) or impose conditions specified by the Minister as part of his or her direction).

        (10)         If an application for the transfer of a delivery capacity entitlement relates to a delivery capacity entitlement held by SA Water, the Minister's decision on the application must be made with the concurrence of the Minister for the time being administering the South Australian Water Corporation Act 1994 .

        (11)         The Minister may, before granting an application for the transfer of a delivery capacity entitlement, direct that an assessment of the effect of granting the application be made (at the expense of the applicant) by an expert appointed or approved by the Minister.

        (12)         The Minister may, when granting an application for the transfer of a delivery capacity entitlement—

            (a)         vary the terms of the delivery capacity entitlement;

            (b)         vary any condition of the delivery capacity entitlement—

                  (i)         to ensure consistency with the relevant water allocation plan; or

                  (ii)         in the case of a delivery capacity entitlement that relates to a water resource within the Murray-Darling Basin—to comply with any direction under subsection (9) or otherwise to take action to prevent, reduce or address damage to the River Murray;

            (c)         if relevant, take any other action required or permitted under an Interstate Water Entitlements Transfer Scheme.

        (13)         A delivery capacity entitlement that has been transferred for a limited period reverts automatically to the transferor when the period expires.

        (14)         Despite the provisions of the Stamp Duties Act 1923 , the transfer of a delivery capacity entitlement is not chargeable with duty under that Act.