Natural Resources Management (Financial Provisions) (2008-2009 Levy Exemption) Variation Regulations 2009 (SA)
South Australia
Natural Resources Management (Financial Provisions) (2008-2009 Levy Exemption) Variation Regulations 2009
under the Natural Resources Management Act 2004
Contents
Part 1—Preliminary
Short title
Commencement
Variation provisions
Part 2—Variation of Natural Resources Management (Financial Provisions) Regulations 2005
Substitution of regulation 19
19Exemption from levy—2008/2009
Part 1—Preliminary
1—Short title
These regulations may be cited as the Natural Resources Management (Financial Provisions) (2008-2009 Levy Exemption) Variation Regulations 2009.
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—Substitution of regulation 19
Regulation 19—delete the regulation and substitute:
19—Exemption from levy—2008/2009
(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 2008‑2009 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 2008‑2009 financial year
LR is the relevant levy rate (per megalitre) that applies under Column C of Table 1
OS is—
(i)if the water allocation is from the Coonalpyn management area—$0.0312 per megalitre of allocation;
(ii)if the water allocation is from the Sherwood management area—$0.1086 per megalitre of allocation;
(iii)if the water allocation is from the Tauragat management area—$1.05 per megalitre of allocation;
(iv)if the water allocation is from the Tintinara management area—$0.0640 per megalitre of allocation;
(v)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 2008‑2009 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—2008/2009 levy rate for irrigation allocation
A
Type of crop
B
Irrigation system used
C
Levy rate
$/ML
Cucumber
S
$1.37
Native flowers
D
$1.26
Lawn/Turf
S
$1.47
Lucerne
C/S
T/F
$1.34
$1.11
Maize (Oct)
C
$0.64
Nursery
N/A
$1.07
Olive
D/S
$1.07
Onion (Sep)
C
T
$0.64
$0.57
Onion
D
$0.65
Pasture/Dairy
C
$1.25
Pasture
S
$1.34
Potato
C
$0.89
Potato (Nov)
C
$0.89
Potato ("Nadine")
C
$0.81
Starter Crop
P/T
$1.11
Tomato (Nov)
FR
$1.05
Vegetables
S
$1.05
Vines
D/S
$1.69
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 11 June 2009
No 173 of 2009
WBCS09/0004
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