South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 164G

164G—Delivery capacity entitlements—applications and matters to be considered

        (1)         An application for a delivery capacity entitlement must be in a form approved by the Minister and must—

            (a)         specify—

                  (i)         the water resource in relation to which the delivery capacity entitlement is being sought; and

                  (ii)         the place or area where water is proposed to be taken; and

                  (iii)         prescribed information about the times and rates at which it is proposed to take water; and

                  (iv)         prescribed information about the extent to which priority is being sought over other delivery capacity entitlements issued in relation to the same water resource (or a specified part of the water resource); and

            (b)         be accompanied by the fee prescribed by the regulations; and

            (c)         be accompanied by such other information or material as the Minister thinks fit in order to assess the application.

        (2)         The Minister may, after receiving an application, request the applicant to provide such additional information or material as the Minister thinks fit in order to assess the application.

        (3)         The Minister may, if the Minister thinks fit, issue delivery capacity entitlements with respect to a particular water resource, or a particular part of a water resource, on the basis of applications submitted to the Minister under procedures determined by the Minister as being appropriate in the relevant circumstances (including procedures that require applications to be submitted as tenders or furnished as part of an auction process).

        (4)         The Minister may refuse to grant a delivery capacity entitlement—

            (a)         if in the opinion of the Minister it would be contrary to the provisions of the relevant water allocation plan to grant a delivery capacity entitlement under the terms being sought; or

            (b)         if the application has not been successful under the terms of any procedure established under subsection (3) ; or

            (c)         to a person, or to the associate of a person, who formerly held a water management authorisation that was cancelled under this Act; or

            (d)         to a person who has acted in contravention of this Act; or

            (e)         on any ground prescribed by the regulations; or

            (f)         on any other reasonable ground.

        (5)         The Minister's decision on an application for a delivery capacity entitlement that relates to a water resource within the Murray-Darling Basin must take into account the terms or requirements of the Murray-Darling Basin Agreement and any resolution of the Ministerial Council under that agreement (insofar as they may be relevant).

        (6)         In addition, the Minister's decision on the grant of a delivery capacity entitlement must—

            (a)         be made in the public interest; and

            (b)         be consistent with requirements (if any) prescribed by the regulations.

        (7)         The Minister may, if the delivery capacity entitlement is being issued under procedures that require the payment of a fee or purchase price with respect to the delivery capacity entitlement, require the relevant payment before granting a delivery capacity entitlement.

        (8)         In this section—
"relevant water allocation plan" means the water allocation plan that relates to the water resource in relation to which the delivery capacity entitlement is sought and includes the water allocation plan of another water resource (if any) that includes provisions relating to the taking, or the taking and use, of water from the firstmentioned water resource.