Natural Resources Management (General) (Environmental Donations Licences) Variation Regulations 2005 (SA)

South Australia

Natural Resources Management (General) (Environmental Donations Licences) Variation Regulations 2005

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 (General) Regulations 2005

1. Variation of regulation 3—Preliminary

2. Variation of regulation 42—Fees

Part 1—Preliminary

1—Short title

These regulations may be cited as the Natural Resources Management (General) (Environmental Donations Licences) Variation Regulations 2005.

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 (General) Regulations 2005

4—Variation of regulation 3—Preliminary

1. Regulation 3—after the definition of Act—insert:

   donation means a gift for no consideration;

   environmental donations licence means a water licence—

   (a)that relates to water in the River Murray prescribed watercourse; and

   (b)that is subject to conditions to the effect—

   (i)that any allocation endorsed on the licence may only be used for an environmental purpose in a manner accredited by the South Australian Murray Darling Basin Natural Resources Management Board; and

   (ii)that the holder of the licence is accredited by the South Australian Murray Darling Basin Natural Resources Management Board to receive, transfer or use donations of water for environmental purposes recognised by the board for the purposes of these regulations.

2. Regulation 3—after its present contents as varied by this regulation (now to be designated as subregulation (1)) insert:

   (2)The South Australian Murray Darling Basin Natural Resources Management Board must, in deciding whether to issue an accreditation for the purposes of a water licence being recognised as an environmental donations licence, apply any criteria determined by the Minister.

5—Variation of regulation 42—Fees

Regulation 42—after subregulation (2) insert:

(3)In addition, the following are exempt from the relevant fees under Schedule 4:

(a)an application for an environmental donations licence (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, and granted by the Minister, to vary the conditions endorsed on the licence so that the licence will become an environmental donations licence;

(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 licence (and where the board is satisfied that an accreditation should be issued);

(d)an application to transfer the whole or a part of the water allocation of a licence to an environmental donations licence (either absolutely or for a limited period) (and to make any variation to a licence on the transfer of the allocation) where the South Australian Murray Darling Basin Natural Resources Management Board is satisfied that the transfer constitutes the donation of the water allocation.

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 24 November 2005

No 244 of 2005

CS05WLB07960 PTII