South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 164O

164O—Schemes to promote the transfer or surrender of certain entitlements

        (1)         The Minister may, by notice in the Gazette, establish a scheme—

            (a)         to promote the transfer or surrender of water allocations, or water allocations of a specified class, that relate to an area within the Murray-Darling Basin;

            (b)         to promote the surrender of water licences, or water licences of a specified class, that relate to a specified area within the Murray-Darling Basin.

        (2)         A scheme under subsection (1) will be a scheme—

            (a)         under which any holder of a water allocation of a specified class must, in accordance with the terms of the scheme, make an offer—

                  (i)         to transfer the whole or a specified part of the water allocation to the Minister or to a person of a specified class—

                        (A)         for a price specified by the holder of the water allocation; or

                        (B)         for a price determined under the terms of the scheme, being a price that equals or exceeds a reserve price specified by the holder of the water allocation; or

                  (ii)         to surrender the whole or a specified part of the water allocation to the Minister, for a price specified by the holder of the water allocation;

            (b)         under which the holder of a water licence of a specified class must, in accordance with the terms of the scheme, make an offer to surrender the licence for a price specified by the holder of the licence;

            (c)         under which the Minister will, in accordance with the terms of the scheme—

                  (i)         make an offer to any holder of a water allocation of a specified class to pay a price specified by the Minister for the surrender of the whole or a specified part of the water allocation;

                  (ii)         make an offer to the holder of a water licence of a specified class to pay a price specified by the Minister for the surrender of the licence.

        (3)         Neither the Minister nor the holder of a water allocation or a water licence is required to accept an offer under a scheme established under this section.

        (4)         Subject to subsection (5) , the Minister must not reject any acceptance of an offer within the terms of a scheme under subsection (2)(c) .

        (5)         The Minister may reject such an acceptance if—

            (a)         the Minister has, in establishing the particular scheme, set a maximum amount of water allocation with respect to which the Minister is willing to make a payment and that maximum had been achieved before the receipt by the Minister of the relevant acceptance; or

            (b)         the Minister has, in establishing the particular scheme, set a limit on the amount of money that the Minister is willing to expend under the scheme and that limit has been achieved before the receipt by the Minister of the relevant acceptance; or

            (c)         the NRM Register includes a notation that a person has an interest in the relevant water allocation or water licence and the acceptance has been made without the written consent of that person; or

            (d)         the Minister receives the relevant acceptance after the Minister has brought the scheme to an end; or

            (e)         any other prescribed circumstance applies.

        (6)         The Minister may in the Minister's absolute discretion, by notice in the Gazette, bring a scheme to an end at any time.

        (7)         When a scheme is brought to an end, any unaccepted offers automatically lapse.

        (8)         The Governor may, by regulation, make provision for related or ancillary matters connected with the operation of this section.