Natural Resources Management (Financial Provisions) (2007-2008 Levy Exemption) Variation Regulations 2007 (SA)

Case

South Australia

Natural Resources Management (Financial Provisions) (2007-2008 Levy Exemption) Variation Regulations 2007

under the Natural Resources Management Act 2004

Contents

Part 1—Preliminary

  1. Short title

  2. Commencement

  3. Variation provisions

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

  1. Insertion of regulation 19

    19Exemption from levy—2007/2008

Part 1—Preliminary

1—Short title

These regulations may be cited as the Natural Resources Management (Financial Provisions) (2007-2008 Levy Exemption) Variation Regulations 2007.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, 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

4—Insertion of regulation 19

After regulation 18 insert:

19—Exemption from levy—2007/2008

(1)Subject to subregulation (2), a person who is the holder of a water licence that—

(a)has been granted in respect of a well in the prescribed area; and

(b)is endorsed with a water (taking) allocation for irrigation purposes,

is exempt from the requirement to pay a levy declared under section 101 of the Act for the 2007-2008 financial year in relation to the licence to the extent that the levy is based on the right to take water for irrigation purposes under the licence.

(2)An exemption under subregulation (1) is subject to the following conditions:

(a)that the holder of the licence pay to the Minister an amount calculated as follows:

where—

A is the amount to be paid

WA is the amount of water (expressed in megalitres) allocated to the person for irrigation purposes under the licence for the 2007-2008 financial year

LR is the relevant levy rate (per megalitre) that applies under Column C of Table 1

SL is—

(i)if the water allocation is from the Tolmer Management Area (Confined Aquifier)—$1.50 per megalitre of allocation;

(ii)if the water allocation is from any other area—nil,

and if the holder of the licence has an allocation that will relate to more than 1 crop during the 2007-2008 financial year (as determined by the Minister for the purposes of making the allocation), then there will be an amount payable with respect to each of the relevant circumstances that apply under Table 1;

(b)that any amount payable under paragraph (a) be paid by the holder of the licence to the Minister by a date and in a manner specified by the Minister by a notice served on the holder of the licence for the purposes of this regulation.

(3)In this regulation—

megalitre means 1 000 kilolitres;

prescribed area means the Tintinara Coonalpyn Prescribed Wells Area (see the Water Resources (Tintinara Coonalpyn Prescribed Wells Area) Regulations 2000).

Table 1—2007-2008 levy rate for irrigation allocation

A

Type of crop

B

Irrigation system used

C

Levy rate

$/ML

Cucumber

S

$1.32

Native flowers

D

$1.21

Lawn/Turf

S

$1.41

Lucerne

C/S

T/F

$1.30

$1.07

Maize (Oct)

C

$0.62

Nursery

N/A

$1.03

Olive

D/S

$1.03

Onion (Sep)

C

T

$0.62

$0.55

Onion

D

$0.63

Pasture/Dairy

C

$1.20

Pasture

S

$1.30

Potato

C

$0.86

Potato (Nov)

C

$0.86

Potato ("Nadine")

C

$0.79

Starter Crop

P/T

$1.07

Tomato (Nov)

FR

$1.01

Vegetables

S

$1.01

Vines

D/S

$1.63

D indicates a drip irrigation system

C indicates a centre pivot irrigation system

F indicates a flood irrigation system

FR indicates a furrow irrigation system

N/A indicates that there is no applicable irrigation system

S indicates a sprinkler or spray irrigation system

T indicates a travelling irrigation system

ML represents megalitres

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 13 December 2007

No 306 of 2007

WBCS07/0034

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