MURRAY-DARLING BASIN ACT 2008

South Australian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Download] [Help]

MURRAY-DARLING BASIN ACT 2008 - SCHEDULE 1

Schedule 1—Consequential amendments, repeal and transitional provisions

Part 1—Preliminary

1—Amendment provisions

In this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Development Act 1993

2—Amendment of section 4—Interpretation

Section 4(1), definition of Murray-Darling Basin —delete the definition and substitute:

Murray-Darling Basin has the same meaning as in the Water Act 2007 of the Commonwealth;

3—Amendment of section 48—Governor to give decision on development

Section 48(5)(da)(iv)—delete subparagraph (iv) and substitute:

(iv) any obligations or requirements under the Murray-Darling Basin Agreement (a copy of which is set out in Schedule 1 of the Water Act 2007 of the Commonwealth, as in force from time to time) or any resolution of the Ministerial Council under that agreement; and

Part 3—Amendment of Ground Water (Qualco-Sunlands) Control Act 2000

4—Amendment of section 3—Interpretation

Section 3(1), definition of Murray-Darling Basin Agreement —delete the definition and substitute:

Murray-Darling Basin Agreement means the Murray-Darling Basin Agreement, a copy of which is set out in Schedule 1 of the Water Act 2007 of the Commonwealth, as in force from time to time;

5—Amendment of section 26—Amendment of salinity credits by Trust

Section 26(1)—delete "or from underground water lying above the layer of Blanchetown Clay"

Part 4—Amendment of Natural Resources Management Act 2004

6—Amendment of section 3—Interpretation

(1) Section 3(1), definition of Interstate Water Entitlements Transfer Scheme —delete "under the Agreement approved under the Murray-Darling Basin Act 1993 " and substitute:

under the Murray-Darling Basin Agreement

(2) Section 3(1), definition of Murray-Darling Basin —delete the definition and substitute:

Murray-Darling Basin has the same meaning as in the Water Act 2007 of the Commonwealth;

Murray-Darling Basin Agreement means the Murray-Darling Basin Agreement, a copy of which is set out in Schedule 1 of the Water Act 2007 of the Commonwealth, as in force from time to time;

7—Amendment of section 4—Interaction with other Acts

Section 4(2)(a)—delete paragraph (a) and substitute:

(a) the Murray-Darling Basin Agreement;

8—Amendment of section 87—Promotion of River Murray legislation and IGA

Section 87(b)—delete paragraph (b) and substitute:

(b) be consistent with—

(i) the terms or requirements of the Murray-Darling Basin Agreement, and any relevant resolution of the Ministerial Council under that agreement; and

(ii) any relevant provisions of the Basin Plan under the Water Act 2007 of the Commonwealth,

9—Amendment of section 89—Amendment of plans without formal procedures

Section 89(2)(c)—delete paragraph (c) and substitute:

(i) the terms or requirements of the Murray-Darling Basin Agreement, or any relevant resolution of the Ministerial Council under that agreement; or

(ii) the provisions of the Basin Plan under the Water Act 2007 of the Commonwealth; or

10—Amendment of section 135—Permits

Section 135(7)—delete subsection (7) and substitute:

(7) The relevant authority's decision on an application for a permit that relates to an area within the Murray-Darling Basin must take 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).

11—Amendment of section 146—Licences

Section 146(5)—delete subsection (5) and substitute:

(5) The Minister's decision on an application for a licence that relates to a water resource within the Murray-Darling Basin must take 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).

12—Amendment of section 152—Basis of decisions as to allocations

Section 152(1)(d)—delete paragraph (d) and substitute:

(d) if the licence relates to a water resource within the Murray-Darling Basin, 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

13—Amendment of section 156—Reduction of water allocations

Section 156(1)(d)—delete paragraph (d) and substitute:

(d) because there has been, or is to be, a reduction in the quantity of water available—

(i) under or by virtue of the Groundwater (Border Agreement) Act 1985 ; or

(ii) on account of the operation of the Murray-Darling Basin Agreement, the operation or effect of a resolution of the Ministerial Council under that agreement, or the operation or effect of the Basin Plan under the Water Act 2007 of the Commonwealth.

14—Amendment of section 160—Basis of decision as to transfer

Section 160(1)(c)—delete paragraph (c) and substitute:

(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

Part 5—Further amendment of Natural Resources Management Act 2004

15—Amendment of section 3—Interpretation

Section 3(1), definition of Interstate Water Entitlements Transfer Scheme or IWETS , (a)—delete paragraph (a) and substitute:

(a) a scheme for the transfer of entitlements between 2 or more States under the Murray-Darling Basin Agreement; or

16—Amendment of section 146—Nature of water licences

Section 146(7)—delete "Agreement approved under the Murray-Darling Basin Act 1993 , and any relevant resolution of the Ministerial Council under that Agreement" and substitute:

Murray-Darling Basin Agreement and any resolution of the Ministerial Council under that agreement

17—Amendment of section 147—Water licences—applications and matters to be considered

Section 147(5)—delete subsection (5) and substitute:

(5) The Minister's decision on an application for a water licence that relates to a water resource within the Murray-Darling Basin must take 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).

18—Amendment of section 149—Variation of water licences

Section 149(3)(c)—delete paragraph (c) and substitute:

19—Amendment of section 150—Transfer of water licences

Section 150(8)(c)—delete paragraph (c) and substitute:

20—Amendment of section 154—Water allocations—matters to be considered

Section 154(3)—delete subsection (3) and substitute:

(3) The Minister's decision on the grant or issue of a water allocation that relates to a water resource within the Murray-Darling Basin must take into account the terms or requirements of the Murray-Darling Basin Agreement and any resolution of the Ministerial Council under that agreement (insofar as may be relevant).

21—Amendment of section 155—Reduction of water allocation

Section 155(1)(d)—delete paragraph (d) and substitute:

(d) because there has been, or is to be, a reduction in the quantity of water available—

(i) under or by virtue of the Groundwater (Border Agreement) Act 1985 ; or

22—Amendment of section 156—Variation of water allocations

Section 156(3)(c)—delete paragraph (c) and substitute:

(c) if the water allocation 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

23—Amendment of section 157—Transfer of water allocations

Section 157(5)(c)—delete paragraph (c) and substitute:

(c) if the water allocation 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, or any relevant resolution of the Ministerial Council under that agreement; and

24—Amendment of section 159—Water resource works approvals—applications and matters to be considered

Section 159(5)—delete subsection (5) and substitute:

(5) The Minister's decision on an application for a water resource works approval that relates to a water resource within the Murray-Darling Basin must take 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).

25—Amendment of section 161—Variation of approvals

Section 161(3)(c)—delete paragraph (c) and substitute:

(c) if the approval 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

26—Amendment of section 164A—Site use approvals—applications and matters to be considered

Section 164A(5)—delete subsection (5) and substitute:

(5) The Minister's decision on an application for a site use approval that relates to a water resource within the Murray-Darling Basin must take 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).

27—Amendment of section 164C—Variation of approvals

Section 164C(3)(c)—delete paragraph (c) and substitute:

28—Amendment of section 164G—Delivery capacity entitlements—applications and matters to be considered

Section 164G(5)—delete subsection (5) and substitute:

(5) The Minister's decision on an application for a delivery capacity entitlement that relates to a water resource within the Murray-Darling Basin must take 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).

29—Amendment of section 164J—Variation of delivery capacity entitlements

Section 164J(3)(c)—delete paragraph (c) and substitute:

(c) if the delivery capacity entitlement 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

30—Amendment of section 164K—Transfer of delivery capacity entitlements

Section 164K(7)(c)—delete paragraph (c) and substitute:

Part 6—Amendment of River Murray Act 2003

31—Amendment of section 3—Interpretation

(1) Section 3(1), definition of Murray-Darling Basin —delete the definition and substitute:

Murray-Darling Basin has the same meaning as in the Water Act 2007 of the Commonwealth;

Murray-Darling Basin Agreement means the Murray-Darling Basin Agreement, a copy of which is set out in Schedule 1 of the Water Act 2007 of the Commonwealth, as in force from time to time;

(2) Section 3(4)—delete subsection (4)

32—Amendment of section 5—Interaction with other Acts

Section 5(2)(l)—delete paragraph (l) and substitute:

(l) Murray-Darling Basin Act 2008 ;

33—Amendment of section 9—Functions and powers of Minister

(1) Section 9(3)—delete subsection (3)

(2) Section 9(5)(b)—delete "or the Murray-Darling Basin Act 1993 "

(3) Section 9(5)—after paragraph (c) insert:

(d) furthering the objects of the Murray-Darling Basin Act 2008 or giving effect to the terms or requirements of the Murray-Darling Basin Agreement; or

(e) furthering the purposes of the Basin Plan under the Water Act 2007 of the Commonwealth.

(4) Section 9(6)(c)—delete paragraph (c) and substitute:

(c) carry out projects in relation to the River Murray (including projects that are relevant to the implementation or operation of the Murray-Darling Basin Agreement, any resolution of the Ministerial Council under that agreement or the Basin Plan under the Water Act 2007 of the Commonwealth); and

34—Amendment of section 22—Development of related policies and consideration of activities

(1) Section 22(4)(b)—delete paragraph (b) and substitute:

(b) in the case of a statutory instrument—take into account—

(i) 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

(ii) any relevant provision of the Basin Plan under the Water Act 2007 of the Commonwealth; and

(2) Section 22(4)(c)(iv)—delete subparagraph (iv) and substitute:

(iv) 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

Part 7—Amendment of Waterworks Act 1932

35—Amendment of section 100—Save the River Murray Fund

Section 100(5)(b)—delete "Murray-Darling Basin Commission" and substitute:

Murray-Darling Basin Authority (established under the Water Act 2007 of the Commonwealth)

Part 8—Repeal of Murray-Darling Basin Act 1993

36—Repeal of Murray-Darling Basin Act 1993

The Murray-Darling Basin Act 1993 is repealed.

Part 9—Transitional provisions

37—References

(1) A reference to the Murray-Darling Basin in any Act will be taken to be a reference to the Murray-Darling Basin within the meaning of the Water Act 2007 of the Commonwealth.

(2) A reference to the Murray-Darling Basin Commission in any Act will be taken to be a reference to the Murray-Darling Basin Authority established under the Water Act 2007 of the Commonwealth.

(3) However, subclause (2) does not apply in any circumstance specified in the regulations.

(4) If the regulations specify any circumstances for the purposes of subclause (3), the regulations may also specify that a reference has effect as if a reference to the Murray-Darling Basin Commission were a reference as specified in the regulations.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback