South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 164Q

164Q—Effect of cancellation of water management authorisations

        (1)         Any entitlement under a water management authorisation that has been cancelled under this Act is forfeited to the Minister.

        (2)         If—

            (a)         a water licence, water access entitlement, water allocation or delivery capacity entitlement (an "entitlement") is forfeited under subsection (1) ; and

            (b)         the entitlement has sufficient value to cover the costs associated with its sale; and

            (c)         the entitlement can be transferred consistently with the relevant water allocation plan and the provisions of the entitlement,

the Minister must endeavour to sell the entitlement—

            (d)         by public auction or tender; or

            (e)         by some other process considered by the Minister to be reasonable in the circumstances (including by private sale).

        (3)         The proposal to sell the entitlement must be advertised on at least 2 separate occasions in a newspaper circulating in the area in which the water resource is situated.

        (4)         If 1 process fails, the Minister may proceed to another.

        (5)         The Minister should, in taking action to sell the entitlement, take reasonable steps to achieve the best price that can reasonably be obtained.

        (6)         Any money received by the Minister on the sale of the entitlement under this section must be applied as follows:

            (a)         firstly—in paying the costs of the sale and any other costs incurred in proceedings under this section;

            (b)         secondly—in discharging any liability (if any) for an unpaid levy or instalment of a levy under Chapter 5 , and any interest in respect of an unpaid levy or instalment, in relation to the entitlement;

            (c)         thirdly—in discharging any other liability of the former holder of the entitlement under this Act to the Minister or to any other authority under this Act;

            (d)         fourthly—in discharging any liabilities of the former holder of the entitlement of which the Minister knows that are secured by a charge over the entitlement;

            (e)         fifthly—in payment to the former holder of the entitlement.

        (7)         If the former holder of the entitlement cannot be found after making reasonable enquiries as to his or her whereabouts, an amount payable to the former holder of the entitlement must be dealt with as unclaimed money under the Unclaimed Moneys Act 1891 .

        (8)         The purchaser of an entitlement under this section takes the entitlement free of all charges.