South Australian Consolidated Regulations

NATURAL RESOURCES MANAGEMENT (GENERAL) REGULATIONS 2005 - REG 42A

42A—Tagged interstate water trades

If—

            (a)         a transfer of a water allocation is being undertaken under an Interstate Water Entitlements Transfer Scheme; and

            (b)         the transfer is (or is anticipated to be) part of a series of transfers (including a series of 2) to occur during the same financial year; and

            (c)         the person who is to obtain the benefit of each transfer—

                  (i)         is the same person each time; and

                  (ii)         holds an entitlement under a corresponding law of another jurisdiction (being an entitlement that is relevant to the transfer of the water allocation either by giving rise to the water allocation or by receiving the benefit of the water allocation); and

            (d)         the scheme under which the transfer of allocation is occurring is supported by an intergovernmental agreement that, under a determination of the Minister, is recognised for the purposes of this regulation,

then—

            (e)         a fee is payable under Schedule 4 in relation to an application with respect to the first transfer; but

            (f)         no application is required (and no fee is payable) in relation to a second or subsequent transfer in the series during the balance of the financial year, but not so as to derogate from any other requirement under the Act to provide information, or a notice or other document or instrument, in connection with the provision, delivery or receipt of water (or an entitlement to water).