South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 150

150—Transfer of water licences

        (1)         Subject to this Act and the relevant water allocation plan, the holder of a water licence may—

            (a)         transfer the licence to another person; or

            (b)         transfer a water access entitlement, or part of a water access entitlement, under the licence to another person.

        (2)         In the case of a transfer under subsection (1)(b) , the transfer must be—

            (a)         to the holder of another licence (including a licence created to receive the transfer), or to the Minister; or

            (b)         to any other person or the Minister under an Interstate Water Entitlements Transfer Scheme.

        (3)         A transfer may be absolute or for a limited period.

        (4)         A transfer requires the approval of the Minister.

        (5)         An application to the Minister for his or her approval must—

            (a)         be made in a form approved by the Minister; and

            (b)         be accompanied by the fee prescribed by the regulations.

        (6)         The Minister may refuse to grant approval for a transfer under this section to a person on the same grounds as those on which the Minister would refuse to grant an application by that person for a licence.

        (7)         The Minister may refuse to grant approval for a transfer under this section—

            (a)         if the licensee is in breach of a condition of the licence; or

            (b)         unless or until any NRM water levy that has been imposed in relation to the licence has been paid.

        (8)         In addition, the Minister's decision to grant or refuse approval for the transfer of a licence—

            (a)         must be consistent 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 transfer must be refused).

        (9)         Subsection (8)(a) operates subject to the terms or requirements of an Interstate Water Entitlements Transfer Scheme.

        (10)         If an application for a transfer relates to a licence that relates to a water resource within the Murray-Darling Basin and falls within a class prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of all such applications), the Minister must, before making his or her decision on whether to grant the application—

            (a)         consult with the Minister to whom the administration of the River Murray Act 2003 is committed; and

            (b)         comply with the Minister's directions (if any) in relation to the application (including a direction that the application not be granted, or that if it is granted, then the Minister exercise a specified power under subsection (13) or impose conditions specified by the Minister as part of his or her direction).

        (11)         If an application for a transfer relates to a licence held by SA Water, the Minister's decision on the application must be made with the concurrence of the Minister for the time being administering the South Australian Water Corporation Act 1994 .

        (12)         If a person is recorded on The Water Register as having an interest in a water licence (other than as a licensee), the Minister must not grant approval for a transfer under this section without the written consent of that person.

        (13)         The Minister may, when granting an application for a transfer under this section—

            (a)         vary the water access entitlement under the licence (including as to the basis on which the water access entitlement is determined);

            (b)         vary any condition of the licence—

                  (i)         to ensure consistency with the relevant water allocation plan; or

                  (ii)         in the case of a licence that relates to a water resource within the Murray-Darling Basin—to comply with any direction under subsection (10) or otherwise to take action to prevent, reduce or address damage to the River Murray;

            (c)         if relevant, take any other action required or permitted under an Interstate Water Entitlements Transfer Scheme;

            (d)         require a reduction in the size of a dam, or require other work to be undertaken with respect to a dam, wall or structure, to match the effect of the transfer.

        (14)         As an example but without limiting subsection (13) , if, following a transfer, the water will not be taken from the same part of the water resource as before, the Minister may exercise his or her powers under subsection (13) —

            (a)         to ensure that the demand for water from the part of the water resource from which the water will be taken in future does not prejudice other licensees by exceeding the availability of water in that part of the water resource; or

            (b)         to reflect the loss to the water resource of part of the water represented by the transfer by reason of evaporation or any other cause as the water flows to the part of the resource from which it will be taken in future.

        (14a)         A person who holds a water licence that is subject to the operation of subsection (13)(d) must comply with that requirement within a period specified by the Minister.

Maximum penalty:

            (a)         where the offender is a body corporate—$50 000;

            (b)         where the offender is a natural person—$25 000.

        (15)         A transfer is subject to the operation of Schedule 3A clause 7 .

        (16)         A water licence or part of a water access entitlement that has been transferred for a limited period reverts automatically to the transferor when the period expires (and the Minister may then take such action as the Minister thinks fit, including to cancel any licence that is no longer required).

        (17)         Despite the provisions of the Stamp Duties Act 1923 , the transfer of a water licence or part of a water access entitlement is not chargeable with duty under that Act.