South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 164P

164P—Consequences of breach of water management authorisations

        (1)         If the holder of a water management authorisation, or a person acting on behalf of the holder of a water management authorisation—

            (a)         takes water in excess of any entitlement under the water management authorisation, or contrary to a provision of the water management authorisation; or

            (b)         contravenes or fails to comply with a condition of the water management authorisation; or

            (c)         uses water taken pursuant to the water management authorisation for an illegal purpose,

the Minister may cancel, suspend or vary the water management authorisation by 7 days written notice served on the holder of the water management authorisation.

        (2)         If the holder of a water management authorisation, or a person acting on behalf of the holder of a water management authorisation, contravenes or fails to comply with a notice under section 132 , the Minister may cancel, suspend or vary the water management authorisation by 7 days written notice served on the holder of the water management authorisation.

        (3)         If—

            (a)         the holder of a water management authorisation, or a person acting on behalf of a water management authorisation—

                  (i)         has contravened an environment protection order under the Environment Protection Act 1993 or a protection order under the River Murray Act 2003 ; or

                  (ii)         has failed to comply with a clean-up order under the Environment Protection Act 1993 or a reparation order under the River Murray Act 2003 ; and

            (b)         the Minister is satisfied that the quality of the water in the water resource to which the water management authorisation relates has been detrimentally affected by the contravention or failure,

the Minister may cancel, suspend or vary the water management authorisation by 7 days written notice served on the holder of the water management authorisation.

        (4)         A holder, or former holder, of a water management authorisation may appeal to the ERD Court against a decision of the Minister under this section.

        (5)         The Minister must, after taking action to cancel, suspend or vary a water management authorisation under this section, give notice of the action to a person with a prescribed interest in the water management authorisation in accordance with the regulations.