South Australian Consolidated Regulations South Australian Consolidated Regulations (1) This regulation
applies to any site use approval relating to water taken from the River Murray
prescribed watercourse that falls within any class of approvals determined by
the Minister from time to time, by notice in the Gazette, as being within the
ambit of this regulation.
(2) For the purposes
of section 164B(1)(b)(i) of the Act, it is a condition of a site use
approval to which this regulation applies that the person who has the benefit
of the approval must prepare and submit to the Minister for approval a draft
water efficiency plan in accordance with Schedule 6.
(3) A person who fails
to comply with subregulation (2) is guilty of an offence.
Maximum penalty:
(a) in
the case of a body corporate—$10 000;
(b) in
the case of a natural person—$5 000.
Expiation fee: $315.
(a)
approve a draft water efficiency plan submitted under this regulation without
alteration or with such alteration as the Minister thinks fit; or
(b)
refer the draft water efficiency plan back to the person who submitted the
plan for further consideration in accordance with any requirement determined
by the Minister.
(5) A person who fails
to comply with a requirement imposed under subregulation (4)(b) is guilty
of an offence.
Maximum penalty:
(a) in
the case of a body corporate—$10 000;
(b) in
the case of a natural person—$5 000.
Expiation fee: $315.
(6) Before making any
alterations to the draft water efficiency plan, the Minister must consult with
the person who submitted the plan.
(7) A person who has
the benefit of a site use approval may submit to the Minister for approval a
substitute water efficiency plan, or a variation of a water efficiency plan,
at any time while that water efficiency plan is in force.
(8) If the Minister
approves a draft water efficiency plan, a draft substitute water efficiency
plan or a draft variation of a water efficiency plan, the Minister must, by
notice in writing given within 14 days after approving the plan or variation,
advise the person who submitted the plan or variation—
(a) that
the Minister has approved the plan or variation (as the case requires); and
(b) the
day on which the plan or variation (as the case requires) was approved.
(9) A water efficiency
plan approved under this regulation is in force from the day on which the
Minister gives notice under subregulation (8), and expires—
(a) on
the fifth anniversary of that day; or
(b) on
such earlier day as may be specified by the Minister by notice in writing
given to the person who has the benefit of the site use approval.
(10) A substitute
water efficiency plan, or an amendment to a water efficiency plan, is in force
from the day on which the Minister gives notice under subregulation (8)
and expires on the same day as the original water efficiency plan.
(11) Pursuant to
section 232 of the Act, section 127(6)(b) of the Act does not apply in
relation to a breach of a condition imposed by this regulation.