South Australian Consolidated Acts South Australian Consolidated Acts (1) A catchment water
management plan or regulations under this Act may set out water usage or land
or water management practices that are designed to conserve water or maintain
or improve the quality of water, or to provide other benefits, that will form
the basis of an application for a refund of the levy imposed under Division 1
or Division 2.
(1a) Water management
practices under subsection (1) may include—
(a) the
establishment of, or participation in, a drainage scheme; or
(b) the
establishment or maintenance of infrastructure, plant or equipment; or
(c)
other initiatives.
(2) The plan or the
regulations must specify the amount of the refund that may be applied for.
(3) A person who has
adopted or undertaken practices referred to in subsection (1) in a
financial year may apply for a refund of the whole or a part of a levy (or a
component of a levy) under Division 1 paid by that person to the Minister for
that year.
(4) If the
water resource to which the levy relates is in the area of a board, the
application must be made to the board.
(5) In any other case
the application must be made to the Minister.
(6) The owner or
occupier of land in the catchment area of a catchment water management board
in relation to which practices referred to in subsection (1) have been
adopted or undertaken in a financial year may apply to the board for a refund
of the whole or a part of the levy under Division 2 paid by that person to the
council in respect of the land for that year.
(7) The board or the
Minister must grant an application under this section if the relevant criteria
set out in the management plan or the regulations have been satisfied.
(8) Without limiting
the criteria that may be used, the plan or regulations may specify
accreditation by a specified body as the criterion or one of the criteria on
which an application will be granted.
(9) An applicant may
appeal to the Court against a decision of the Minister or a board under this
section.
(10) On granting an
application, the board or the Minister must pay to the applicant the amount of
the refund applied for.
(11) The Minister may
also grant a refund of, or an exemption from, the whole or a part of a levy
(or a component of a levy) under Division 1—
(a) as a
condition of a water licence; or
(b)
under the terms of a management agreement under the River Murray
Act 2003 ; or
(c) by
notice in the Gazette.