South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 164B

164B—Issuing of approvals

        (1)         A site use approval—

            (a)         must specify, in such manner as the Minister thinks fit—

                  (i)         the place where the use is allowed; and

                  (ii)         the manner and use of water authorised by the approval; and

            (b)         is subject to conditions—

                  (i)         prescribed from time to time by the regulations; or

                  (ii)         specified from time to time by the relevant water allocation plan; or

                  (iii)         endorsed on the approval by the Minister.

        (2)         Without limiting the operation of subsection (1)(b) , a condition of a site use approval that relates to a water resource within the Murray-Darling Basin may include—

            (a)         a requirement that a person who has the benefit of the approval enter into or maintain a bond in such sum and subject to such terms and conditions specified by the Minister, or enter into some other arrangement specified by the Minister (which may include the payment of a sum or sums of money into an account specified by the Minister), to ensure that money is available to address the costs of any damage to the River Murray (being the costs of any such damage within the meaning of section 3(5) of the River Murray Act 2003 ) that may be attributable to the taking or use of water from the resource;

            (b)         a requirement that a person who has the benefit of the approval—

                  (i)         develop to the satisfaction of the Minister an environment improvement program containing requirements specified by the Minister, and then comply with the requirements of that program to the satisfaction of the Minister; or

                  (ii)         participate in a specified environment improvement program (including a program that applies with respect to any part of the River Murray);

            (c)         a requirement that a person who has the benefit of the approval participate in any other form of scheme to protect, restore or otherwise benefit the River Murray specified by the Minister (including a scheme established by the Minister or any other person or body that has effect in relation to any part of the River Murray and including by payment of a sum or sums of money into an account established or used for the purposes of the scheme).

        (3)         A condition of a kind referred to in subsection (2) may also be imposed with respect to damage to the River Murray occurring before the imposition of the condition.