South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 169L

169L—Offences

        (1)         A person who—

            (a)         contravenes section 169B(3) ; or

            (b)         contravenes or fails to comply with a condition to which a licence under this Part is subject,

is guilty of an offence.

Maximum penalty:

            (a)         if the court by which the conviction is recorded has accepted evidence as to the extent of the deficiency in a water allocation, as assessed according to hydrological values, and considers it appropriate that this paragraph applies—

                  (i)         a sum calculated at the prescribed rate for each kilolitre of water represented by those hydrological values; or

                  (ii)         —

                        (A)         where the offender is a body corporate—$250 000;

                        (B)         where the offender is a natural person—$125 000,

whichever is the greater; or

            (b)         in any other case—

                  (i)         where the offender is a body corporate—$250 000;

                  (ii)         where the offender is a natural person—$125 000.

        (2)         A forest manager who is required to comply with section 169B(3) in relation to a particular commercial forest must ensure that the water allocation attached to the relevant forest water licence is at all times at least equal to the water required to fully offset the hydrological impacts of the forest on the relevant water resource, as determined in accordance with the hydrological values that are relevant to the forest under the relevant water allocation plan and subject to any allowance under a scheme (if any) relating to the management of the forest (including as to the planting and harvesting of trees constituting the forest) approved by the Minister (and subject to complying with any conditions attached to that approval).

Maximum penalty:

            (a)         if the court by which the conviction is recorded has accepted evidence as to the extent of the deficiency in a water allocation, as assessed according to hydrological values, and considers it appropriate that this paragraph applies—

                  (i)         a sum calculated at the prescribed rate for each kilolitre of water represented by those hydrological values; or

                  (ii)         —

                        (A)         where the offender is a body corporate—$250 000;

                        (B)         where the offender is a natural person—$125 000,

whichever is the greater; or

            (b)         in any other case—

                  (i)         where the offender is a body corporate—$250 000;

                  (ii)         where the offender is a natural person—$125 000.