South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 169C

169C—Forest water licences

        (1)         A forest water licence will be granted by the Minister.

        (2)         An application for a licence must be in a form approved by the Minister and must—

            (a)         specify—

                  (i)         the commercial forest in relation to which the licence is being sought; or

                  (ii)         if the forest is yet to be established, the land where the forest is to be located, the proposed size of the forest (by area and by number of trees), and the type or types of trees proposed to be planted; and

            (b)         be made by the forest manager, or by some other person authorised by the Minister; and

            (c)         be accompanied by the fee prescribed by the regulations; and

            (d)         be accompanied by such other information or material as the Minister may require.

        (3)         The Minister may refuse to grant a forest water licence—

            (a)         to a person, or to the associate of a person, who formerly held a licence that was cancelled under this Act; or

            (b)         to a person who has acted in contravention of this Act; or

            (c)         on any ground prescribed by the regulations; or

            (d)         on any other reasonable ground.

        (4)         The Minister's decision on an application for a licence that relates to a commercial forest within the Murray-Darling Basin must take into account the terms and requirements of the Murray-Darling Basin Agreement, and any relevant resolution of the Ministerial Council under that Agreement (insofar as they may be relevant).

        (5)         If an application for a forest water licence is within a class of applications prescribed by the regulations for the purposes of this provision, the Minister must, before making a decision on the application—

            (a)         consult the Minister to whom the administration of the River Murray Act 2003 is committed; and

            (b)         comply with the Minister's directions in relation to the application (including that if the application is to be granted then the licence be subject to conditions specified by the Minister).

        (6)         In addition, the Minister's decision on the grant of a forest water licence must be consistent with—

            (a)         any relevant provisions of the water allocation plan; and

            (b)         requirements (if any) prescribed by the regulations.

        (7)         A forest water licence applies to the site of the commercial forest to which the licence relates and is attached to—

            (a)         subject to paragraph (b) —the land constituting the site;

            (b)         if the forest is the subject of a forest property (vegetation) agreement—the forest vegetation.

        (8)         If land within the ambit of subsection (7)(a) is transferred, the transferee must furnish the Minister with notice of the transfer in accordance with the regulations.

        (9)         If the interest conferred under the Forest Property Act 2000 by a forest property (vegetation) agreement within the ambit of subsection (7)(b) is assigned to another person, the person to whom the interest is assigned must furnish the Minister with notice of the assignment in accordance with the regulations.