South Australian Repealed Acts

This legislation has been repealed.

WATER RESOURCES ACT 1997 - SECT 132

132—Declaration of penalty in relation to the unauthorised or unlawful taking or use of water

        (1)         The Minister may, by notice in the Gazette, declare a penalty payable by—

            (a)         a licensee who takes water in excess of the water allocation of the licence;

            (b)         a person who takes water but is not the holder of a water licence and is not authorised under section 11 to take the water;

            (c)         a person who uses water in contravention of a notice under section 16 .

        (2)         The Minister may declare different penalties—

            (a)         depending on the quantity of water taken;

            (b)         for water taken from different water resources;

            (c)         in the case of a contravention of a notice under section 16 —depending on the relevant contravention.

        (2a)         Subject to subsection (2ab) , a notice declaring a penalty under subsection (1)(a) —

            (a)         will apply to the taking of water in a consumption period that corresponds to an accounting period specified in the notice; and

            (b)         must be published in the Gazette in the first half of the accounting period.

        (2ab)         If the Minister has not declared a penalty or penalties under paragraph (a) of subsection (1) by the end of the first half of a particular accounting period (the "new accounting period ), it will be taken that the last penalty or penalties declared by the Minister under that paragraph also apply to the taking of water in the consumption period that corresponds to the new accounting period.

        (2b)         A notice declaring a penalty under subsection (1)(b) —

            (a)         will apply to the taking of water in the period specified in the notice; and

            (b)         may be published in the Gazette at any time before or during that period.

        (2c)         Where a person—

            (a)         has been served with a notice of liability for a penalty under this section in respect of an accounting period occurring at any time between 1 July 1997 and 30 June 2001; and

            (b)         has made a complaint to the Ombudsman under the Ombudsman Act 1972 in relation to the notice,

the following provisions apply:

            (c)         the Ombudsman must if—

                  (i)         he or she forms the view on investigating the complaint that the complainant has suffered hardship because of the time at which the notice declaring the penalty was published in the Gazette or because of any other relevant circumstance; and

                  (ii)         the penalty has not been paid,

serve notice on the Minister directing the Minister not to proceed with recovery of the penalty until the dispute has been resolved;

            (d)         the Ombudsman must direct the parties to attend before him or her in an attempt to reach agreement on the dispute but if agreement cannot be reached the Ombudsman must determine the amount of the penalty (if any) that should, in his or her opinion, be paid by the complainant;

            (e)         the amount agreed between the parties or determined by the Ombudsman under paragraph (d) is the amount of the penalty payable by the complainant under this section and any amount that has been overpaid by the complainant must be repaid to him or her by the Minister.

        (3)         Sections 124 to 131 inclusive apply to, and in relation to, a penalty under this section as though it were a levy declared under section 122 .