South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 89

89—Amendment of plans without formal procedures

        (1)         A regional NRM board may amend a plan in order—

            (a)         to correct an error in the plan; or

            (b)         to achieve consistency with any other plan under this Act, or to give effect to the provisions of a stormwater management plan under Schedule 1A of the Local Government Act 1999 (including by incorporating the whole or any part of that plan into the plan under this Part); or

            (c)         to make a change of form (not involving a change of substance) in the plan,

without following the procedures for amendment required by Division 3 .

        (2)         The Minister may amend a plan in order—

            (a)         to take action which, in the opinion of the Minister, is addressing—

                  (i)         an unfair, inappropriate or unsustainable assumption or position contained or reflected in the plan; or

                  (ii)         a matter that is, or that is based on, a mistake of fact; or

            (ab)         to achieve greater consistency with the provisions of a management plan under the Marine Parks Act 2007 ; or

            (b)         to further the objects of the River Murray Act 2003 , or the Objectives for a Healthy River Murray under that Act; or

            (c)         to achieve greater consistency with—

                  (i)         the terms or requirements of the Murray-Darling Basin Agreement, or any relevant resolution of the Ministerial Council under that agreement; or

                  (ii)         the provisions of the Basin Plan under the Water Act 2007 of the Commonwealth; or

            (d)         to achieve greater consistency with the terms or requirements of the Border Groundwater Agreement under the Groundwater (Border Agreement) Act 1985 ; or

            (e)         to achieve greater consistency with the terms or requirements of the Lake Eyre Basin Intergovernmental Agreement under the Lake Eyre Basin (Intergovernmental Agreement) Act 2001 ; or

            (f)         to achieve consistency with any other relevant intergovernmental agreement,

without following procedures for amendment under Division 3 if the Minister certifies, at the time of making the amendment, that the amendment is not to be used to effect a reduction in existing water access entitlements of the licences affected by the plan or the basis for the determination of a consumptive pool and that the Minister has consulted with the relevant regional NRM board before taking action under this subsection.

        (3)         If the Minister makes an amendment under subsection (2) , the Minister must furnish a report on the matter to the Natural Resources Committee of the Parliament.