Natural Resources Management (Fees) Regulations 2018 (SA)

South Australia

Natural Resources Management (Fees) Regulations 2018

under the Natural Resources Management Act 2004

Contents

1Short title

2Commencement

Schedule 1—Fees under Natural Resources Management Act 2004

Part 1—Preliminary

1Interpretation

Part 2—General fees for purposes of Act

2General fees for purposes of Act

Part 3—Fees relating to Natural Resources Management (Financial Provisions) Regulations 2005

3Fees relating to meters owned by Minister

Schedule 2—Related variations

Part 1—Preliminary

1Variation provisions

Part 2—Variation of Natural Resources Management (Financial Provisions) Regulations 2005

2Variation of regulation 12—Meters owned by Minister

3Revocation of Schedule 1

Part 3—Variation of Natural Resources Management (General) Regulations 2005

4Revocation of regulation 42

5Variation of regulation 42A—Tagged interstate water trades

6Revocation of Schedule 4

Legislative history

1—Short title

These regulations may be cited as the Natural Resources Management (Fees) Regulations 2018.

2—Commencement

These regulations will come into operation on 1 July 2018.

Schedule 1—Fees under Natural Resources Management Act 2004

Part 1—Preliminary

1—Interpretation

(1)In these regulations, unless the contrary intention appears—

Act means the Natural Resources Management Act 2004.

(2)For the purposes of this Schedule, unless the contrary intention appears, words and expressions used in this Schedule have the same respective meanings as in the Act.

Part 2—General fees for purposes of Act

2—General fees for purposes of Act

(1)Subject to this clause, the following fees are payable for the purposes of the Act:

1	Application for a permit under Chapter 7 of the Act, other than an application for a permit to drill a well or to undertake work on a well	$56.00
2	Application for a permit to drill a well or to undertake work on a well	$89.00 plus a technical assessment fee of an amount not exceeding $152.00 determined by the Minister after taking into account any advice from his or her department about the costs associated with assessing the application
3	Maximum fee under section 138 of the Act	$1.85 per page
4	Application for a well driller's licence—
(a)     for a new licence	$264.00
(b)    for the renewal of a licence	$136.00
5	Application for the variation of a well driller's licence	$200.00
6	Application for a water licence	$237.00
7	Maximum fee under section 149 of the Act	$1.85 per page
8	Application to transfer a water licence	$440.00 plus a technical assessment fee of $296.00
9	Application to vary a water licence on transfer of an allocation, other than in relation to an unbundled prescribed water resource	$440.00 plus a technical assessment fee of $296.00
9A	In relation to an unbundled prescribed water resource—
(a)     application to transfer a water access entitlement	$440.00
(b)    application to vary a water allocation	$259.00
(c)     application to transfer a water allocation	$259.00
(d)    application for a water resource works approval	$440.00
(e)     application to vary a water resource works approval	$440.00
(f)     application for a site use approval	$440.00 plus a technical assessment fee of $296.00
(g)    application to vary a site use approval	$440.00 plus a technical assessment fee of $296.00
10	Additional fee where Minister directs an assessment by an expert under the Act (and the expenses of the assessment are to be paid by the applicant in addition to this fee)	$194.00
11	Application to vary a licence for any other reason	$440.00 plus a technical assessment fee of $296.00
12	Application for a permit under section 188 of the Act—
(a)     in relation to a Category 1 or Category 2 animal	$369.00
(b)    in relation to a Category 1 or Category 2 plant	$103.00
(c)     in relation to a Category 3 animal or plant	$103.00
13	Maximum fee for a copy of an annual report under the Act	$1.85 per page
14	Maximum fee for a copy of a submission under section 42 of the Act	$1.85 per page
15	Maximum fee for a copy of the State NRM Plan or any amendments to the State NRM Plan	$1.85 per page
16	Maximum fee for a copy of a document under section 83 of the Act	$1.85 per page
17	Maximum fee for a copy of an agenda or minutes under Schedule 1 of the Act	$1.85 per page
18	Application for notation on NRM Register or for the removal of a notation	$9.15
19	Fee for providing information required by the Land and Business (Sale and Conveyancing) Act 1994	$26.25
20	Application for a forest water licence	$237.00
21	Application to vary a water allocation attached to a forest water licence	$440.00 plus a technical assessment fee of $296.00
22	Application to transfer the whole or a part of the water allocation attached to a forest water licence	$440.00 plus a technical assessment fee of $296.00
23	Application to vary a condition to a forest licence	$440.00 plus a technical assessment fee of $296.00

(2)The following are exempt from the fees specified in clause 2:

(a)an application for a water licence that is to be an environmental donations entitlement (where the applicant has already obtained the necessary accreditation from the South Australian Murray Darling Basin Natural Resources Management Board);

(b)an application made by the holder of a water licence or a water allocation, and granted by the Minister, to vary the conditions attached to the licence or water allocation so that the licence or water allocation will become an environmental donations entitlement;

(c)an application to transfer a water licence (either absolutely or for a limited period) where the South Australian Murray Darling Basin Natural Resources Management Board is satisfied that the transfer constitutes the donation of the licence in order to establish an environmental donations entitlement (and where the board is satisfied that an accreditation should be issued);

(d)an application to transfer a water access entitlement, or part of a water access entitlement, under a water licence to the holder of another water licence that is an environmental donations entitlement (for water to be used for environmental purposes);

(e)an application to transfer the whole or a part of a water allocation where the South Australian Murray Darling Basin Natural Resources Management Board is satisfied—

(i)that the transfer constitutes the donation of the water allocation; and

(ii)that the water will be used for environmental purposes under or in connection with an environmental donations entitlement.

(3)The Minister may, on application or on the Minister's own initiative, in the Minister's discretion, waive payment of the whole or a part of a fee.

(4)For the purposes of this clause, a prescribed water resource will be taken to be unbundled if water access entitlements have been granted in relation to it pursuant to section 146 of the Act as in force on and from the day on which section 39 of the Natural Resources Management (Water Resources and Other Matters) Amendment Act 2007 came into operation.

Note—

Section 39 of the Natural Resources Management (Water Resources and Other Matters) Amendment Act 2007 came into operation on 1.7.2009.

Part 3—Fees relating to Natural Resources Management (Financial Provisions) Regulations 2005

3—Fees relating to meters owned by Minister

(1)A word or expression used in this clause has the same meaning as in the Natural Resources Management (Financial Provisions) Regulations 2005.

(2)The following fees are payable for the purposes of the Act and regulation 12 of the Natural Resources Management (Financial Provisions) Regulations 2005:

1	Rent for meter for a period of 12 months or less ending on 30 June—
Nominal size of meter—
(a)     less than 50 mm	$217.00
(b)    50 to 100 mm	$313.00
(c)     150 to 175 mm	$463.00
(d)    200 to 380 mm	$529.00
(e)     407 to 610 mm	$634.00
2	Fee for testing meter under section 106(4) of the Act	Estimated cost determined by the Minister
3	Fee for reading meter at request of licensee	Estimated cost determined by the Minister

Schedule 2—Related variations

Part 1—Preliminary

1—Variation provisions

In this Schedule, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Natural Resources Management (Financial Provisions) Regulations 2005

2—Variation of regulation 12—Meters owned by Minister

(1)Regulation 12(1)—delete "at the rate prescribed in Schedule 1" and substitute:

comprised of the prescribed fee

(2)Regulation 12—after subregulation (2) insert:

(3)In this regulation—

prescribed fee means the fee prescribed by regulation under the Act.

3—Revocation of Schedule 1

Schedule 1—delete the Schedule

Part 3—Variation of Natural Resources Management (General) Regulations 2005

4—Revocation of regulation 42

Regulation 42—delete the regulation

5—Variation of regulation 42A—Tagged interstate water trades

Regulation 42A(e)—delete "is payable under Schedule 4" and substitute:

(being the fee prescribed by regulation under the Act) is payable

6—Revocation of Schedule 4

Schedule 4—delete the Schedule

Legislative history

Notes

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

The Natural Resources Management (Fees) Regulations 2018 were revoked by Sch 2 of the Natural Resources Management (Fees) Regulations 2019 on 1.7.2019.

Principal regulations

Year	No	Reference	Commencement
2018	126	Gazette 21.6.2018 p2343	1.7.2018: r 2