South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
149—Variation of water licences
(1) A water licence
may be varied by the Minister—
(a) at
any time on the application of, or with the consent of, the licensee; or
(b) if
the licence provides for intervals at which the conditions of the licence may
be varied—at those intervals if, in the opinion of the Minister, the
variation is necessary or desirable to more effectively regulate the use of
water from the resource—
(i)
in accordance with the relevant water allocation plan and
this Act; or
(ii)
in accordance with the objects of the River
Murray Act 2003 or the Objectives for a Healthy River Murray under that
Act; or
(c) at
any time if there has been an alteration to the water allocation plan for the
water resource to which the licence relates and the variation is necessary, in
the opinion of the Minister, to prevent the licence from being inconsistent
(as to the basis on which the water access entitlement is determined) or
seriously at variance (as to the licence conditions) with the plan; or
(d) at
any time if the variation is to impose or vary a condition of a licence that
relates to a water resource within the Murray-Darling Basin and the Minister
is of the opinion that the variation is appropriate or desirable to prevent,
reduce or address damage to the River Murray; or
(e) if
the Minister is authorised to do so by another provision of this Act; or
(f) if
the Minister is authorised to do so by the regulations.
(2) An application
under subsection (1)(a)
must—
(a) be
made in a form approved by the Minister; and
(b) if a
person is recorded on The Water Register as having an interest in the
water licence (other than as a licensee), be made with the written consent of
that person; and
(c) be
accompanied by the fee prescribed by the regulations.
(3) The Minister's
decision on the variation of a water licence—
(a)
must—
(i)
as to the water access entitlement—be consistent
with the relevant water allocation plan; and
(ii)
as to the conditions attached to the licence—not be
seriously at variance with the relevant water allocation plan,
and, for the purposes of this paragraph, the relevant water allocation plan
includes the water allocation plan of another water resource (if any) that
includes provisions relating to the taking, or the taking and use, of water
from the water resource in relation to which the licence was granted; and
(b) must
be made in the public interest; and
(c) if
the licence relates to a water resource within the Murray-Darling Basin, must
be made after taking into account the terms or requirements of the
Murray-Darling Basin Agreement and any resolution of the Ministerial Council
under that agreement (insofar as they may be relevant); and
(d) must
be consistent with requirements (if any) prescribed by regulation under this
paragraph (which regulation may prescribe circumstances where an application
for a variation must be refused).
(4) A licensee may
appeal to the ERD Court against—
(a) a
decision to refuse to grant an application to vary his or her licence under subsection (1)(a)
; or
(b) the
variation of his or her licence under subsection (1)(b)
, (c) or (d) .
(5) However, if the
licence relates to a water resource within the Murray-Darling Basin then no
right of appeal will arise under subsection (4)
if the regulations so provide.
(6) The Minister is
not required to conduct a hearing or to give notice to a third party before
varying a water licence under this section.
(7) The Minister must,
after making a variation, give notice of the variation to a person with a
prescribed interest in the licence in accordance with the regulations.