South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
164R—Law governing decisions under this Part
(1) If a decision is
being made under this Part with respect to—
(a) an
application for a water management authorisation; or
(b) a
water allocation (including in relation to a water allocation under an IWETS);
or
(c) the
variation of a water management authorisation; or
(d) the
transfer of a water management authorisation (including with respect to an
interest in a water management authorisation),
the law to be applied in deciding the matter, and the provisions of the
regional NRM plan that are relevant to the consideration or determination of
the matter (including in any subsequent review or appeal proceedings (whether
brought under this Act or not)), is the law in force, and the provisions of
the regional NRM plan as in force, at the time that the matter falls to be
decided, considered or determined (including when that time is the time of any
decision on a review or appeal).
(2) To avoid doubt, a
reference in subsection (1)
to the regional NRM plan includes a reference to a water allocation plan that
is taken to form part of that regional NRM plan under Chapter 4 Part 2
Division 2 .
(3) However, if the
Minister does not determine an application for a water
management authorisation within the prescribed period, the provisions of the
relevant regional NRM plan that are relevant to the determination of the
matter will be the provisions as in force at the end of that prescribed
period.
(4) Subject to subsection (5)
,
the "prescribed period" is 3 months from the date of the relevant
application together with, if section 162
or 164D applies in the circumstances of the particular case, a period
prescribed by the regulations.
(5) If the Minister
requests an applicant for a water management authorisation—
(a) to
provide such additional documents or information; or
(b) to
carry out any form of assessment or test; or
(c)
to take any other action,
as the Minister may reasonably require in order to allow the Minister to
assess the application, then any period between the date of the request and
the date of compliance is not to be included in the calculation of the
prescribed period.
(6) The Minister
should deal with an application for—
(a) a
water management authorisation; or
(b) the
variation of a water management authorisation; or
(c) the
transfer of a water management authorisation,
as expeditiously as possible and in any event within the prescribed period
under subsections (4)
and (5) .
(7) If the Minister
does not decide an application within the prescribed period, the applicant
may, after giving 14 days notice in writing to the Minister, apply to the
ERD Court for an order requiring the Minister to make a decision on the
application within a time fixed by the ERD Court.
(8) If the ERD Court
makes an order under subsection (7)
, the ERD Court should also order the Minister to pay the applicant's costs of
the proceedings unless the ERD Court is satisfied—
(a) that
the delay is not attributable to an act or omission of the Minister; or
(b) that
the delay is attributable to a decision of the Minister not to deal with the
application within a reasonable time because—
(i)
it appeared to the Minister that there had been a failure
to comply with a requirement imposed by or under this Act; or
(ii)
the Minister believed, on other reasonable grounds, that
it was not appropriate to decide the matter in the particular circumstances;
or
(c) that
an order for costs should not be made for some other reason.