South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 169H

169H—Variations—conditions

        (1)         A condition to a forest water licence may be varied by the Minister—

            (a)         at any time on the application of, or with the consent of, the holder of the licence; or

            (b)         at the time, or within the prescribed period following the time, when a part of the forest is harvested; or

            (c)         at intervals specified by the Minister in the licence; or

            (d)         if the Minister is authorised to do so under the provisions of the relevant water allocation plan; or

            (e)         if the Minister is authorised to do so by the regulations.

        (2)         An application under subsection (1)(a) must—

            (a)         be made in a form approved by the Minister; and

            (b)         be accompanied by the fee prescribed by the regulations.

        (3)         The Minister's decision on the variation of a condition—

            (a)         must not be seriously at variance with the relevant water allocation plan; and

            (b)         must be consistent with requirements (if any) prescribed by regulation under this paragraph (which regulation may prescribe circumstances where an application for variation must be refused).

        (4)         The holder of a licence may appeal to the ERD Court against—

            (a)         a decision to refuse to grant an application to vary a condition of his or her licence under subsection (1)(a) ; or

            (b)         the variation of a condition under subsection (1)(b) or (c) .

        (5)         The Minister is not required to conduct a hearing or to give notice to a third party before varying a condition under this section.