Natural Resources Management (General) (Water Licences and Water Register) Variation Regulations 2009 (SA)
South Australia
Natural Resources Management (General) (Water Licences and Water Register) 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 (General) Regulations 2005
Variation of regulation 3—Interpretation
Insertion of regulation 14A
14AWater affecting activities—section 127(5a)
Variation of regulation 17—Notice to be given by relevant authority—section 136, 162 or 164D
Variation of regulation 18—Requirements as to representations under section 136, 162 or 164D
Variation of regulation 19—Time for response by applicant
Revocation of regulation 21
Revocation of regulation 22
Revocation of regulation 22A
Variation of heading
Variation of regulation 22C—Water efficiency plans
Variation of regulation 42—Fees
Variation of regulation 42A—Tagged interstate water trades
Insertion of regulation 43A
43AThe Water Register—transfers
Insertion of regulations 47 and 48
47Transitional provision—Water licences—2007 Amendments
48Transitional provision—The Water Register
Variation of Schedule 6—Water efficiency plans
Part 1—Preliminary
1—Short title
These regulations may be cited as the Natural Resources Management (General) (Water Licences and Water Register) 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 (General) Regulations 2005
4—Variation of regulation 3—Interpretation
Regulation 3(1), definition of environmental donations licence—delete the definition and substitute:
environmental donations entitlement means a water licence or a water allocation—
(a)that relates to water in the River Murray prescribed watercourse; and
(b)that is subject to conditions to the effect—
(i)that any water used under or in connection with the licence or water allocation 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 person who is the holder of the licence or water allocation 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.
Regulation 3(2)—delete "being recognised as an environmental donations licence" and substitute:
or water allocation being recognised as an environmental donations entitlement
5—Insertion of regulation 14A
After regulation 14 insert:
14A—Water affecting activities—section 127(5a)
(1)Subject to this regulation, a person is exempt from the operation of paragraph (a) or (b) of section 127(5a) of the Act if the person may lawfully take water from the prescribed watercourse, lake or well or surface water prescribed area under the Act without holding a water allocation that relates to the relevant water resource.
(2)Subregulation (1) does not apply in relation to a prescribed watercourse, lake or well or a surface water prescribed area to the extent that the water allocation plan for the prescribed water resource expressly requires water resource works approvals or site use approvals despite the fact that water may be lawfully taken without holding a water allocation.
6—Variation of regulation 17—Notice to be given by relevant authority—section 136, 162 or 164D
Regulation 17(1)—delete "and 159(2)" and substitute:
, 162(a) and 164D(a)
Regulation 17(2)—delete "and 159(2)" and substitute:
, 162(a) and 164D(a)
7—Variation of regulation 18—Requirements as to representations under section 136, 162 or 164D
Regulation 18—delete "or 159(3)" and substitute:
, 162(b) or 164D(b)
8—Variation of regulation 19—Time for response by applicant
Regulation 19(1)—delete "and 159(5)" and substitute:
, 162(d) or 164D(d)
9—Revocation of regulation 21
Regulation 21—delete the regulation
10—Revocation of regulation 22
Regulation 22—delete the regulation
11—Revocation of regulation 22A
Regulation 22A—delete the regulation
12—Variation of heading
Heading to Part 5A Division 2—delete the heading to Division 2 and substitute:
Division 2—Water efficiency plans
13—Variation of regulation 22C—Water efficiency plans
Regulation 22C(1)—delete "water licence authorising the taking of water" and substitute:
site use approval relating to water taken
Regulation 22C(1)—delete "of licences" and substitute:
of approvals
Regulation 22C(2)—delete subregulation (2) and substitute:
(2)For the purposes of section 164B(1)(b)(i) of the Act, it is a condition of a site use approval to which this regulation applies that the person who has the benefit of the approval must prepare and submit to the Minister for approval a draft water efficiency plan in accordance with Schedule 6.
Regulation 22C(3)—delete "A licensee who fails to comply with a condition of his or her licence under" and substitute:
A person who fails to comply with
Regulation 22C(4)(a)—delete "by a licensee"
Regulation 22C(4)(b)—delete "the licensee" and substitute:
the person who submitted the plan
Regulation 22C(5)—delete "licensee" and substitute:
person
Regulation 22C(6)—delete "licensee" and substitute:
person
Regulation 22C(7)—delete "A licensee" and substitute:
A person who has the benefit of a site use approval
Regulation 22C(8)—delete "licensee" and substitute:
person
Regulation 22C(9)(b)—delete "the licensee who submitted the plan" and substitute:
the person who has the benefit of the site use approval
Regulation 22C(11)—delete "licence"
14—Variation of regulation 42—Fees
Regulation 42(3)(a)—delete "an environmental donations licence" and substitute:
a water licence that is to be an environmental donations entitlement
Regulation 42(3)(b)—delete paragraph (b) and substitute:
(b)an application made by the holder of a water licence or a water allocation, and granted by the Minister, to vary the conditions attached to the licence or water allocation so that the licence or water allocation will become an environmental donations entitlement;
Regulation 42(3)(c)—delete "environmental donations licence" and substitute:
environmental donations entitlement
Regulation 42(3)—after paragraph (c) insert:
(ca)an application to transfer a water access entitlement, or part of a water access entitlement, under a water licence to the holder of another water licence that is an environmental donations entitlement (for water to be used for environmental purposes);
Regulation 42(3)(d)—delete paragraph (d) and substitute:
(d)an application to transfer the whole or a part of a water allocation where the South Australian Murray Darling Basin Natural Resources Management Board is satisfied—
(i)that the transfer constitutes the donation of the water allocation; and
(ii)that the water will be used for environmental purposes under or in connection with an environmental donations entitlement.
15—Variation of regulation 42A—Tagged interstate water trades
Regulation 42A(a), (b) and (c)—delete paragraphs (a), (b) and (c) and substitute:
(a)a transfer of a water allocation is being undertaken under an Interstate Water Entitlements Transfer Scheme; and
(b)the transfer is (or is anticipated to be) part of a series of transfers (including a series of 2) to occur during the same financial year; and
(c)the person who is to obtain the benefit of each transfer—
(i)is the same person each time; and
(ii)holds an entitlement under a corresponding law of another jurisdiction (being an entitlement that is relevant to the transfer of the water allocation either by giving rise to the water allocation or by receiving the benefit of the water allocation); and
Regulation 42A(e)—delete "or variation of licence (as the case may be)"
Regulation 42A(f)—delete "or variation"
16—Insertion of regulation 43A
After regulation 43 insert:
43A—The Water Register—transfers
For the purposes of paragraph (a) of clause 7(2) of Schedule 3A of the Act, the Minister will give effect to the transfer by approving the transfer under Chapter 7 of the Act.
17—Insertion of regulations 47 and 48
After regulation 46 insert:
47—Transitional provision—Water licences—2007 Amendments
(1)Until the designated day for a prescribed water resource—
(a)a water licence granted in respect of the water resource need not make express provision for a water access entitlement in the manner contemplated by section 146(2) of the Act (as enacted by the 2007 Amendment Act); and
(b)a water licence granted in respect of the water resource may include a quantity of water determined under the provisions of the relevant water allocation plan or section 164N of the Act (and this may be taken to be a water access entitlement); and
(c)the holder of a water licence granted in respect of the water resource is entitled to obtain a water allocation equal to the relevant amount provided on the licence (subject to the operation of a succeeding subregulation); and
(d)the holder of a water licence granted in respect of the water resource—
(i)may proceed to construct, maintain or operate any works for the purposes of taking water or surface water (as the case may be) under the terms of the licence without the authority of a water resource works approval; and
(ii)may use water or surface water (as the case may be) under the terms of the licence without the authority of a site use approval,
but the licence may be subject to conditions that relate to how water is taken or the purposes for which water may be used; and
(e)a water levy under section 101 of the Act may be declared with respect to the right to take water or with respect to the water taken or both rather than with respect to an allocation of water under the terms of a water access entitlement or the allocation of water under the terms of a water access entitlement (see section 101(5) of the Act); and
(f)a water levy declared with respect to the right to take water will be a Category A levy for the purposes of section 104 of the Act and a water levy declared with respect to water taken will be a Category B levy for the purposes of section 104 of the Act.
(2)For the purposes of subregulation (1), the designated day for a prescribed water resource is a day determined by the Minister in relation to the particular prescribed water resource and published in the Gazette for the purposes of that subregulation.
(3)The Minister will make a determination under subregulation (2) when the Minister is satisfied that the water allocation plan for the prescribed water resource has been amended to take into account the operation of Part 3 of the 2007 Amendment Act.
(4)If the relevant water allocation plan provides for payment for a water allocation, an allocation obtained from the Minister in conjunction with the operation of subregulation (1) must be sold by the Minister by public auction in accordance with subregulation (5) or by tender or, if either of those methods fail, by private contract.
(5)A public auction undertaken for the purposes of subregulation (4) must comply with the following provisions:
(a)the Minister must, by notice published in a newspaper circulating generally throughout the State, give at least 14 days notice of the time and place at which the auction will be held; and
(b)the Minister may refuse to sell an allocation if bidding for the allocation does not reach the reserve price fixed by the Minister.
(6)In connection with the operation of clause 5(2)(a)(iii) of Schedule 1 of the 2007 Amendment Act, the holder of a licence within the ambit of clause 5(1) of that Schedule will, until a water allocation may be obtained on account of a water access entitlement, be entitled to receive a water allocation equal to the relevant amount provided on the licence.
(7)This regulation does not apply in relation to the River Murray prescribed watercourse.
(8)In this regulation—
2007 Amendment Act means the Natural Resources Management (Water Resources and Other Matters) Amendment Act 2007.
(9)This regulation will expire on 1 July 2011.
48—Transitional provision—The Water Register
(1)A water licence issued under the Act before the commencement of section 39 of the 2007 Amendment Act—
(a)will be taken to be a Schedule 3A entitlement; and
(b)will be registered on The Water Register under Schedule 3A of the Act as a water management authorisation.
(2)In this regulation—
2007 Amendment Act means the Natural Resources Management (Water Resources and Other Matters) Amendment Act 2007.
18—Variation of Schedule 6—Water efficiency plans
Schedule 6, clause 2(a)—delete paragraph (a) and substitute:
(a)a description of the current use of the water at the site;
Schedule 6, clause 2(b)—delete "that the licence" and substitute:
that the person submitting the plan
Schedule 6, clause 2(c)—delete "the licensee" and substitute:
the relevant person
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 176 of 2009
WBCS09/2005
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