Water Resources (Licence and Permit Fees) Variation Regulations 2005 (SA)

South Australia

Water Resources (Licence and Permit Fees) Variation Regulations 2005

under the Water Resources Act 1997

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Water Resources Regulations 1997

1. Variation of Schedule 2

2. Insertion of Schedule 3

   Schedule 3—Special concession—River Murray prescribed watercourse

   1Special concession

Part 1—Preliminary

1—Short title

These regulations may be cited as the Water Resources (Licence and Permit Fees) Variation Regulations 2005.

2—Commencement

These regulations will 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 Water Resources Regulations 1997

4—Variation of Schedule 2

1. Schedule 2, item 1—after "Application for a permit" insert:

   , other than a permit under item 1A

2. Schedule 2—after item 1 insert:

1A Application for a permit to drill a well $60.00 plus a technical assessment fee of an amount not exceeding $120 determined by the Minister after taking into account any advice from his or her department about the costs associated with assessing the application

1. Schedule 2, item 7—delete "$255.00" and substitute:

   $300.00 plus a technical assessment fee as follows:

   (a)until 30 June 2005—$100;

   (b)from 1 July 2005—$200

2. Schedule 2, item 8—delete "$255.00" and substitute:

   $300.00 plus a technical assessment fee as follows:

   (a)until 30 June 2005—$100;

   (b)from 1 July 2005—$200

3. Schedule 2, item 10—delete $255.00" and substitute:

   $300.00 plus a technical assessment fee as follows:

   (a)until 30 June 2005—$100;

   (b)from 1 July 2005—$200

5—Insertion of Schedule 3

After Schedule 2 insert:

Schedule 3—Special concession—River Murray prescribed watercourse

1—Special concession

Despite Schedule 2, the fee prescribed by item 8 of that Schedule is reduced to $255 (inclusive of the technical assessment fee) in relation to the transfer of the whole or part of a water allocation if the following conditions are satisfied:

(a)the receiving licence authorises the taking of water from the River Murray prescribed watercourse; and

(b)the transfer is expressed to expire on (or before) 30 June 2005; and

(c)either—

(i)the total water (taking) allocation to be endorsed on the receiving licence following the transfer will, when reduced in accordance with any restriction that applies under section 16 of the Act, be less than or equal to the water (taking) allocation endorsed on that licence on 1 July 2004; or

(ii)—

(A)a water (taking) allocation or allocations for a limited period or periods have been previously transferred to the receiving licence at any time between 1 July 2001 and 30 June 2004 (both dates inclusive); and

(B)the total water (taking) allocation to be endorsed on the receiving licence following the transfer will, when reduced in accordance with any restriction that applies under section 16 of the Act, be less than or equal to the greatest water (taking) allocation endorsed on that licence at any time between 1 July 2001 and 30 June 2004 (both dates inclusive).

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's Deputy

with the advice and consent of the Executive Council

on 7 April 2005

No 19 of 2005

EC 04/0053 CS