South Australian Repealed Acts

This legislation has been repealed.

WATER RESOURCES ACT 1997 - SECT 126

126—Determination of quantity of water taken

        (1)         Where a levy is based on the quantity of water taken the following provisions apply:

            (a)         meter readings will be used to determine the quantity of water taken except where—

                  (i)         a meter has not been installed; or

                  (ii)         the readings given by the meter are unreliable in the opinion of the Minister;

            (b)         where meter readings are used, the quantity of water taken during an accounting period will be taken to be the quantity of water taken during the consumption period for that accounting period;

            (c)         where meter readings are not used, the quantity of water taken during an accounting period will, subject to subsection (3) , be assessed by the Minister on—

                  (i)         the basis of the pumping capacity of the pump (if any) used to take the water; or

                  (ii)         the basis of the area of land irrigated and the crop grown on that land; or

                  (iii)         such other basis as the Minister thinks fit;

            (d)         water taken—

                  (i)         by the occupier of land for domestic purposes on the land or for providing stock (other than stock subject to intensive farming) kept on the land with drinking water;

                  (ii)         for firefighting,

must be disregarded;

            (e)         where water taken for domestic or stock purposes or for firefighting is not measured by meter, or the water taken is used for other purposes as well, the Minister must make an assessment of the quantity of water taken for those purposes in accordance with paragraph (c) .

        (2)         Where the Minister uses meter readings or uses any other measuring instrument to determine the quantity of water taken under this Act, he or she will be taken not to be using a measuring instrument for trade for the purposes of the Trade Measurement Act 1993 .

        (3)         The Minister cannot make an assessment under subsection (1)(c) of the quantity of water taken (except for domestic or stock purposes) unless, before the commencement of the accounting period in relation to which the assessment is to be made, he or she had published in the Gazette—

            (a)         where the basis of assessment is to be pumping capacity—the method to be used in assessing the quantity of water on that basis;

            (b)         where the basis of assessment is to be crop area—water use rates for the crop concerned;

            (c)         where some other basis of assessment is to be used—the basis to be used and the method by which it will be used.

        (4)         If a person liable to pay a levy for water taken from a prescribed water resource is dissatisfied with the accuracy of the meter that measured the quantity of water taken, he or she may, on payment of the fee prescribed by regulation, require the Minister to test the meter.

        (5)         If on testing the meter, the Minister finds—

            (a)         that the quantity of water measured by the meter was not more than five per cent more or less than the quantity of water actually taken, the quantity of water measured by the meter will be the quantity in respect of which the levy is payable;

            (b)         that the quantity of water as measured by the meter was inaccurate by more than five per cent and the Minister is able to determine the degree of inaccuracy, the Minister may serve a further notice under section 125 based on the quantity of water taken appropriately adjusted;

            (c)         that the quantity of water as measured by the meter was inaccurate by more than five per cent but the Minister is unable to determine the degree of inaccuracy, the Minister may serve a further notice under section 125 based on the Minister's assessment under subsection (1)(c) ( subsection (3) does not apply in relation to an assessment in these circumstances).

        (6)         If the Minister finds that the quantity of water as measured by the meter was inaccurate by more than five per cent, the Minister must refund the fee referred to in subsection (4) .

        (7)         A person who is dissatisfied with the finding or determination of the Minister under subsection (5) may appeal to the Court against the finding or determination.

        (8)         Where the Minister assesses—

            (a)         the quantity of water taken under subsection (1)(c) ; or

            (b)         the quantity of water used for domestic or stock purposes or for firefighting under subsection (1)(e) ; or

            (c)         the quantity of water taken by a person who is not authorised by a licence or under section 11 to take the water,

the assessment and the basis on which it was made cannot be called into question by, or before, any court, tribunal or other authority except on the ground that the assessment was not made in good faith.