South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 167

167—Allocation of reserved water

        (1)         The following provisions apply in relation to the allocation of reserved water despite the other provisions of this Act:

            (a)         the restrictions (if any) in the relevant water allocation plan as to the purpose for which allocated water can be used do not apply to the allocation of reserved water (but this paragraph does not prevent the Minister from allocating reserved water subject to the same or similar restrictions);

            (b)         the allocation will be for a limited term of not more that 15 years and may be based on a water access entitlement specified by the Minister;

            (c)         the Minister may require an applicant to pay to the Minister for the allocation of reserved water an amount negotiated with the applicant either in one payment or a series of periodic payments;

            (d)         subsections (2) and (7) of section 147 do not apply in relation to an allocation of reserved water;

            (f)         a person cannot transfer an allocation of reserved water to another person.

        (2)         The Minister must not allocate reserved water unless—

            (a)         a regulation that sets out requirements that must be satisfied is in force; and

            (b)         those requirements have been satisfied.

        (3)         A regulation referred to in subsection (2)(a) cannot come into operation until it is no longer possible for the regulation to be disallowed under section 10 of the Subordinate Legislation Act 1978 .