South Australian Consolidated Acts

RIVER MURRAY ACT 2003 - SCHEDULE

Schedule—Transitional provisions

23—Transitional provisions

        (1)         Each of the following, if in existence on the commencement of this Act, must be reviewed by the relevant authority within five years after the commencement of this Act in order to ensure that proper consideration is given to any relevant object of this Act (unless the instrument is reviewed under its own Act, or the instrument expires, or is due or expected to expire, before the end of that five-year period):

            (a)         any program under section 13(1)(g) or 24(b) of the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986 that applies to any part of the Murray-Darling Basin;

            (b)         any aquaculture policy under the Aquaculture Act 2001 that applies within the Murray-Darling Basin;

            (c)         a management plan under the Coast Protection Act 1972 that affects the River Murray;

            (d)         a plan of management under Division 5 of Part 3 of the National Parks and Wildlife Act 1972 that relates to a reserve located wholly or partly within the Murray-Darling Basin;

            (e)         a guideline under section 25 of the Native Vegetation Act 1991 that relates to land within the Murray-Darling Basin.

        (2)         The following applications that relate to a statutory authorisation granted before the commencement of this clause must be referred to the Minister:

            (a)         an application for the renewal or extension of a permit under section 45 or 55 of the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986 that relates to an activity that is to be, or may be, undertaken within a River Murray Protection Area and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of applications for the renewal or extension of all such permits);

            (b)         an application for the renewal or extension of a licence under Division 1 of Part 4 of the Fisheries Act 1982 that is within a class prescribed by the regulations for the purposes of this provision;

            (c)         an application for the renewal or extension of a permit under section 50 of the Fisheries Act 1982 that is within a class prescribed by the regulations for the purposes of this provision;

            (d)         an application for the renewal or extension of a permit under Part 5 of the Heritage Act 1993 that relates to an area within a River Murray Protection Area and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of applications for the renewal or extension of all such permits);

            (e)         an application for the renewal or extension of a permit under section 15 of the Historic Shipwrecks Act 1981 that relates to an area within a River Murray Protection Area and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of applications for the renewal or extension of all such permits);

            (f)         an application for the renewal or extension of a lease, licence or agreement under section 35 of the National Parks and Wildlife Act 1972 that relates to a reserve located wholly or partly within a River Murray Protection Area and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of applications for the renewal or extension of all such leases, licences or agreements);

            (g)         an application for the renewal or extension of a permit under section 69 of the National Parks and Wildlife Act 1972 that relates to an activity that is to be, or may be, undertaken within a River Murray Protection Area and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of applications for the renewal or extension of all such permits).

        (3)         Where an application for the renewal or extension of a statutory authorisation is referred to the Minister under subclause (2), the statutory authorisation will be taken to have been referred under a related operational Act and to be subject to the operation of section 22 as if it were an application for a new statutory authorisation.

        (4)         The first review required by section 11 must be undertaken by the end of the 2004/2005 financial year and the outcome of that review must be reported on as part of the Minister's annual report to Parliament for that financial year.