South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
169M—Law governing decisions under this Part
(1) If a decision is
being made under this Part with respect to—
(a) an
application for a forest water licence; or
(b) a
water allocation (including a variation or transfer of a water allocation); or
(c) the
variation of a condition to a forest water licence,
the law to be applied in deciding the matter, and the provisions of any
water allocation plan that are relevant to the consideration or determination
of the matter (including in any subsequent review or appeal proceedings
(whether brought under this Act or not)), is the law in force, and the
provisions of the water allocation plan as in force, at the time that the
matter falls to be decided, considered or determined (including when that time
is the time of any decision on a review or appeal).
(2) However, if the
Minister does not determine an application for a forest water licence within
the prescribed period, the provisions of the relevant water allocation plan
that are relevant to the determination of the matter will be the provisions as
in force at the end of that prescribed period.
(3) Subject to subsection (4)
,
the "prescribed period" is a period prescribed by the regulations.
(4) If the Minister
requests an applicant for a forest water licence—
(a) to
provide such additional documents or information; or
(b) to
carry out any form of assessment or test; or
(c)
to take any other action,
as the Minister may reasonably require in order to allow the Minister to
assess the application, then any period between the date of the request and
the date of compliance is not to be included in the calculation of the
prescribed period.
(5) If the Minister
does not decide an application within the prescribed period, the applicant
may, after giving 14 days notice in writing to the Minister, apply to the
ERD Court for an order requiring the Minister to make a decision on the
application within a time fixed by the ERD Court.
(6) If the ERD Court
makes an order under subsection (5)
, the ERD Court should also order the Minister to pay the applicant's costs of
the proceedings unless the ERD Court is satisfied—
(a) that
the delay is not attributable to an act or omission of the Minister; or
(b) that
the delay is attributable to a decision of the Minister not to deal with the
application within a reasonable time because—
(i)
it appeared to the Minister that there had been a failure
to comply with a requirement imposed by or under this Act; or
(ii)
the Minister believed, on other reasonable grounds, that
it was not appropriate to decide the matter in the particular circumstances;
or
(c) that
an order for costs should not be made for some other reason.