South Australian Consolidated Acts South Australian Consolidated Acts122A—Provisions applying to water (holding) allocations in declared
water resources
(1) This section
applies in relation to a water (holding) allocation if the water resource to
which the allocation applies has been declared by the Minister by notice
published in the Gazette to be a water resource in relation to which this
section applies and the declaration has not been revoked.
(2) Where this section
applies in relation to a water (holding) allocation the following provisions
apply:
(a)
subject to paragraph (b), a levy in respect of the allocation is not
payable until the end of the financial year for which the levy is declared;
(b) if
the allocation, or a part of it, is transferred to another person during the
financial year, the levy or, where part only of the allocation is transferred,
a proportionate part of it, is payable by the transferee at the time of
transfer;
(c) the
levy for a financial year is not payable if the licensee, on application to
the Minister, satisfies the Minister that he or she made a genuine, but
unsuccessful, attempt throughout, or through the greater part of, the
financial year to find a person who was willing to buy the water (holding)
allocation subject to the condition that the allocation—
(i)
be converted to a water (taking) allocation; or
(ii)
be endorsed on the transferee's licence as a water
(taking) allocation.
(3) Paragraph (c)
of subsection (2) applies in relation to the whole or a part of a water
(holding) allocation and where it applies to part only of a water (holding)
allocation a proportionate part of the levy is not payable in pursuance of
that paragraph.
(4) Where the transfer
of a water (holding) allocation is subject to a condition referred to in
subsection (2)(c), the Minister must not—
(a)
approve the transfer of the licence on which the allocation is endorsed; or
(b) vary
the transferring and receiving licences,
to effect the transfer unless he or she—
(c)
converts the water (holding) allocation to a water (taking) allocation; or
(d)
endorses the allocation on the receiving licence as a water (taking)
allocation,
(as the case requires) in accordance with the terms of the condition.
(5) Where a levy is
not payable by virtue of subsection (2)(c) the licensee is liable to pay
to the Minister a fee instead of the levy.
(6) The amount of the
fee referred to in subsection (5) is either—
(a) $25;
or
(b) such
other amount as is declared by the Minister by notice published in the Gazette
on or before 31 December in the financial year in relation to which the fee
applies.
(7) An application to
the Minister under subsection (2)(c) must—
(a) be
in a form approved by the Minister; and
(b) be
accompanied by such information as the Minister requires; and
(c) be
made before the end of the relevant financial year.
(8) The Minister may,
by subsequent notice published in the Gazette, vary or revoke a notice under
subsection (1).