Natural Resources Management (Financial Provisions) (Water Licences) Variation Regulations 2009 (SA)

South Australia

Natural Resources Management (Financial Provisions) (Water Licences) Variation Regulations 2009

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. Variation of regulation 8A—Refund of levies

2. Variation of regulation 11—Supply and installation of meters

3. Variation of regulation 12—Meters owned by Minister

4. Variation of regulation 14—Provisions applying to meters generally

Part 1—Preliminary

1—Short title

These regulations may be cited as the Natural Resources Management (Financial Provisions) (Water Licences) Variation Regulations 2009.

2—Commencement

These regulations will come into operation on the day on which section 39 of the Natural Resources Management (Water Resources and Other Matters) Amendment Act 2007 comes into operation.

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—Variation of regulation 8A—Refund of levies

1. Regulation 8A(1), definition of environmental donations licence—delete the definition and substitute:

   environmental donations entitlement means an environmental donations entitlement under the Natural Resources Management (General) Regulations 2005.

2. Regulation 8A(2)(a) and (b)—delete paragraphs (a) and (b) and substitute:

   (a)the donation of the whole or a part of a water access entitlement or a water allocation to the holder of an environmental donations entitlement (for water to be used for environmental purposes); and

   (b)the variation of conditions attached to a water licence or water allocation so that the licence or the water allocation will become an environmental donations entitlement,

3. Regulation 8A(3)—after "the allocation" insert:

   or water access entitlement

4. Regulation 8A(5)—delete subregulation (5)

5—Variation of regulation 11—Supply and installation of meters

1. Regulation 11(2)(b)—delete paragraph (b) and insert:

   (b)a person who is the holder of a water management authorisation, or who has the benefit of a water management authorisation, in respect of which any volume of water is to be measured by a meter supplied by the Minister (if not an owner of the relevant land),

2. Regulation 11(2)—delete "or the holder of the licence" and substitute:

   of land under paragraph (a) or the person under paragraph (b)

6—Variation of regulation 12—Meters owned by Minister

Regulation 12(1)—delete subregulation (1) and substitute:

(1)A person who is the holder of a water management authorisation, or who has the benefit of a water management authorisation, in respect of which a meter owned by the Minister is to be used to measure the quantity of water taken or used in connection with the water management authorisation is liable for rent for the meter at the rate prescribed in Schedule 1.

7—Variation of regulation 14—Provisions applying to meters generally

1. Regulation 14(1)—after "water taken" insert:

   or used

2. Regulation 14(6), definition of responsible person, (b)—delete paragraph (b) and substitute:

   (b)the person who is the holder of the water management authorisation, or who has the benefit of the water management authorisation, in relation to which a meter is required.

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 175 of 2009

WBCS09/0005