South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 211

211—Compensation

        (1)         A regional NRM board is liable to pay compensation—

            (a)         to a person who has the right to take water from a watercourse or lake whether pursuant to a water management authorisation or not, for loss or damage resulting from the effect on the exercise of the right by that person of the board stopping, reducing or diverting the flow of water in the watercourse or in a watercourse that flows into the lake;

            (b)         to the owner of land that the board, or a person authorised by the board, has entered, or entered and occupied, for loss or damage caused by the entry or occupation of the land.

        (2)         If the exercise of rights under or in respect of a water management authorisation or a permit has the effect of stopping, reducing or diverting the flow of water in a watercourse, a regional NRM board that allocated water under this Act or approved the transfer of any water management authorisation or any interest in any water management authorisation (as a delegate of the Minister) or granted the permit is not responsible for the purposes of subsection (1)(a) for stopping, reducing or diverting the flow of water in the watercourse.

        (3)         The Minister is liable to pay compensation to the owner of land for—

            (a)         the value of a dam, embankment, wall or other obstruction or object removed by the owner in compliance with a notice under section 134(1) ; and

            (b)         the costs of removal incurred by the owner.

        (4)         For the purposes of subsection (3) , the value of a dam, embankment, wall or other obstruction or object will be taken to be—

            (a)         the amount by which the dam, embankment, wall or other obstruction or object increased the value of the land; or

            (b)         the cost, at the time of removal, of replacing the dam, embankment, wall or other obstruction or object,

whichever is the lesser.

        (5)         The Minister is liable to pay compensation to the occupier of land for the loss of water (if any) held by a dam, embankment, wall or other obstruction or object when it is removed in compliance with a notice under section 134(1) .

        (6)         A claim for compensation under this section against a regional NRM board must be made by written notice served on the board—

            (a)         in the case of compensation under subsection (1)(a) —within 6 months after the loss or damage first occurred;

            (b)         in the case of compensation under subsection (1)(b) —within 3 months after the board, or a person authorised by the board, entered the land or ceased to occupy the land.

        (7)         A claim for compensation under this section against the Minister must be made by written notice served on the Minister within 6 months after the removal of the dam, embankment, wall or other obstruction or object.

        (8)         If the claimant and the regional NRM board or the Minister cannot reach agreement within 3 months after the notice is served on the board or the Minister, the claimant may apply to the ERD Court for determination of the amount of compensation payable.

        (9)         Compensation is not payable under subsection (1)(b) in respect of the entry or occupation of land pursuant to an easement.

        (10)         Compensation is not payable under subsection (1) , (3) or (5) to the Crown or a public authority.