South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
169I—Establishment of licence on declaration of areas
(1) On or after a
relevant day, the forest manager for a commercial forest within the relevant
declared forestry area (as the forest exists on the relevant day) is entitled,
on due application under this Act made within a period specified by the
relevant water allocation plan, to be issued a forest water licence with
respect to that forest that has attached to the licence a water allocation
granted by the Minister (without the payment of a purchase price) (and until
the period so specified expires and, if due application is made within that
period, until the forest water licence is issued, the forest manager will be
taken not to be in breach of section 169B(3)
).
(2) The Minister must,
in acting under subsection (1)
, take into account the provisions of the relevant water allocation plan (as
at the date of issue of the licence), and may take into account such other
matters as the Minister thinks fit.
(3) A water
allocation plan may, in connection with the operation of subsections (1)
and (2), make any provision on account of any water allocation held in
relation to a commercial forest immediately before the commencement of this
section by virtue of a requirement to hold a permit under section 127(3)(f)
(an "off-set allocation"), including that the water allocation attached to a
forest water licence under subsection (1)
is to be adjusted to take into account the existence of the
off-set allocation, that the off-set allocation take the place of an
allocation under subsection (1)
, that the off-set allocation may be transferred (subject to the provisions of
this Act and of the water allocation plan), or that the off-set allocation
will be subject to any other requirement or provision due to the replacement
of a requirement for a permit with the scheme set out in this Part.
(4) Any provision made
under subsection (3)
will also operate subject to any principles or adjustments set out in the
relevant water allocation plan (including so as to vary the hydrological value
of an off-set allocation on account of the need to convert the allocation to
an allocation under this Part or in connection with any transfer of a water
allocation from 1 class of forest to another or in relation to
1 prescribed water resource to another).
(5) In this
section—
"relevant day", in relation to a commercial forest within a
declared forestry area, is the day from which a forest water licence is
required under this Part in relation to the commercial forest.