South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 169D

169D—Allocation of water

        (1)         A forest water licence must have a water allocation attached to the licence.

        (2)         The water allocation must provide for a quantity of water that is at least equal to the water required to fully offset the impact of the forest on the relevant water resource, as determined in accordance with the hydrological values that are relevant to the commercial forest under the relevant water allocation plan (as relevant at the time of the issue of the licence and as relevant taking into account any expansion or reduction in the size of the forest) and subject to any allowance under a scheme (if any) relating to the management of the forest (including as to the planting and harvesting of trees constituting the forest) approved by the Minister (on such conditions as the Minister thinks fit) for the purposes of this section.

        (3)         The water allocation may be obtained—

            (a)         by the holder of the relevant forest water licence, on the basis that a water allocation is being granted by the Minister; or

            (b)         by the holder of the relevant forest water licence on the basis of a transfer of a water allocation—

                  (i)         from the holder of another forest water licence; or

                  (ii)         from the holder of a water licence,

(or by a combination of both).

        (4)         The Minister may require the payment of a fee for a water allocation granted by the Minister under subsection (3)(a) .

        (5)         The Minister may, in connection with the operation of subsection (4) , determine a fee that is based on—

            (a)         the Minister's assessment of the value of the water allocation; or

            (b)         a process that determines the value of the water allocation according to a procedure determined by the Minister (including, if the Minister thinks fit, a tender or auction process).

        (6)         A water allocation (as attached to a forest water licence) must be consistent with the relevant water allocation plan (and, in the case of a water allocation under subsection (3)(b) , will be obtained subject to any conversion or adjustment under the provisions of the relevant water allocation plan).

        (7)         A water allocation 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.

        (8)         In this section—

"hydrological values" means the values specified by the water allocation plan under section 76(9)(a) (as measurements of hydrological impact).