South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 146

146—Nature of water licences

        (1)         The Minister may grant a licence (a "water licence") in respect of a prescribed watercourse, lake or well or in respect of the surface water in a surface water prescribed area or part of a surface water prescribed area.

        (2)         A water licence provides an entitlement to the holder of the licence to gain access to a share of water available in the consumptive pool or consumptive pools to which the licence relates, as specified by the licence and after taking into account any factors specified by the relevant water allocation plan or prescribed by the regulations (and this entitlement will be called a "water access entitlement ).

        (3)         A water access entitlement is subject to—

            (a)         a determination of the Minister under subsection (4) ; and

            (b)         any other provision of this Act that operates with respect to the licence or the water access entitlement; and

            (c)         the conditions attached to the licence.

        (4)         The Minister will from time to time, by notice in the Gazette, determine the volume of water that is to be made available from a consumptive pool for allocation under this Act during a period specified by the Minister.

        (5)         The Minister may, by further notice in the Gazette, vary a determination under subsection (4) .

        (6)         If the regulations so require in prescribed circumstances, the Minister must, before acting under subsection (4) or (5) —

            (a)         consult with the Minister to whom the administration of the River Murray Act 2003 is committed; and

            (b)         comply with the Minister's directions (if any) in relation to the matter.

        (7)         A determination of the Minister under subsection (4) (including on account of a variation under subsection (5) ) must, in relation to a water resource within the Murray-Darling Basin, take into account the terms and requirements of the Murray-Darling Basin Agreement and any resolution of the Ministerial Council under that agreement (insofar as they may be relevant).

        (7a)         The consumptive pool or consumptive pools may be affected by water allocations attached to forest water licences (and these allocations must then be taken into account in connection with the operation of the scheme established by this section).

        (8)         A water licence is personal property and may pass to another in accordance with the provisions of this Act or, subject to this Act, in accordance with any other law for the passing of property.