South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 169F

169F—Transfer of allocations

        (1)         Subject to this Act and the relevant water allocation plan, the holder of a forest water licence may transfer the whole or a part of the water allocation attached to the licence—

            (a)         to the holder of another forest water licence for a forest in the same declared forestry area; or

            (b)         to the holder of another forest water licence for a forest in a different declared forestry area; or

            (c)         to the holder of a water licence; or

            (d)         to the Minister.

        (2)         A reference in subsection (1)(a) , (b) or (c) to a forest water licence or a water licence includes a reference to a licence created to receive the relevant transfer.

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

        (4)         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.

        (5)         The Minister must refuse to grant approval for the transfer of a water allocation if the result would be that the water allocation attached to the licence would fall below the water required to offset the impact of the forest on the relevant water resource (as determined under the relevant water allocation plan).

        (6)         The Minister may refuse to grant approval for the transfer of a water allocation if the holder of the licence is in breach of a condition of the licence.

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

            (a)         must be consistent with the relevant water allocation plan; and

            (b)         if—

                  (i)         the transfer is to the holder of another forest water licence for a forest in a different declared area—must be consistent with the water allocation plan for the water resource that is relevant to the other forest water licence; or

                  (ii)         the transfer is to the holder of a water licence that relates to a different prescribed water resource—must be consistent with the water allocation plan for that other prescribed water resource; and

            (c)         must be made in the public interest; 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).

        (8)         Depending on—

            (a)         the class of the commercial forest under the other licence on a transfer under subsection (1)(a) or (b), taking into account the provisions of the relevant water allocation plan; and

            (b)         the provisions of any relevant water allocation plan as to how water allocations are to be converted or adjusted if transferred from 1 class of forest to another, or in relation to 1 prescribed water resource to another,

the hydrological value of a water allocation may be reduced or increased (by force of the provisions of a water allocation plan or plans and by force of this subsection) on its transfer.

        (9)         Without limiting a preceding subsection, if a forest property (vegetation) agreement to which a forest water licence is attached comes to an end, the forest manager may, subject to the regulations, deal with a water allocation attached to the licence in a manner approved by the Minister.

        (10)         Despite the provisions of the Stamp Duties Act 1923 , the transfer of a water allocation under this section is not chargeable with duty under that Act.