Natural Resources Management (General) (Tagged Interstate Water Trades) Variation Regulations 2006 (SA)

South Australia

Natural Resources Management (General) (Tagged Interstate Water Trades) Variation Regulations 2006

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. Insertion of regulation 42A

   42ATagged interstate water trades

Part 1—Preliminary

1—Short title

These regulations may be cited as the Natural Resources Management (General) (Tagged Interstate Water Trades) Variation Regulations 2006.

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—Insertion of regulation 42A

After regulation 42 insert:

42A—Tagged interstate water trades

If—

(a)a transfer of part of a water allocation of a licence is being undertaken under an Interstate Water Entitlements Transfer Scheme, or the variation of a water licence on the allocation of water under an Interstate Water Entitlements Transfer Scheme is required; and

(b)the transfer or variation is (or is anticipated to be) part of a series of transfers of allocation (including a series of 2) to occur during the same financial year between a licence under this Act and a licence under a corresponding law of another jurisdiction (being a transfer to or from the licence under this Act); and

(c)the 2 licences are held by the same person; and

(d)the scheme under which the transfer of allocation is occurring is supported by an intergovernmental agreement that, under a determination of the Minister, is recognised for the purposes of this regulation,

then—

(e)a fee is payable under Schedule 4 in relation to an application with respect to the first transfer or variation of licence (as the case may be); but

(f)no application is required (and no fee is payable) in relation to a second or subsequent transfer or variation in the series during the balance of the financial year, other than where the amount of allocation transferred to or from the licence under this Act exceeds a maximum endorsed on the licence by the Minister with respect to transfers for the relevant year.

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 14 December 2006

No 271 of 2006

MRMCS06/015