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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Natural Resources Management (Commercial Forests)
Amendment Bill 2010
A BILL FOR
An Act to amend the Natural
Resources Management Act 2004.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Natural Resources
Management Act 2004
4Amendment of section
3—Interpretation
5Amendment of section 76—Preparation of
water allocation plans
6Amendment of section 101—Declaration of
levies
7Amendment of section 104—Liability
for levy
8Amendment of section 124—Right to take
water subject to certain requirements
9Amendment of
section 125—Declaration of prescribed water resources
10Amendment
of section 127—Water affecting activities
11Amendment of section
129—Activities not requiring a permit
12Amendment of
section 146—Nature of water licences
13Amendment of section
152—Allocation of water
14Insertion of Chapter 7 Part 5A
Division
1—Preliminary
169AInterpretation
169BDeclaration of forestry
areas
Division
2—Licences
169CForest
water licences
169DAllocation of
water
169EVariations—allocations
169FTransfer of
allocations
169GConditions
169HVariations—conditions
169IEstablishment of licence on declaration of
areas
169JSurrender
of licences
169KCancellation of licences
Division 4—Related
matters
169LOffences
169MLaw governing decisions under this
Part
15Redesignation of Chapter 7
Part 5A
16Redesignation of section
169A—Interaction with Irrigation Act 2009
17Redesignation of
section 169B—Interaction with Renmark Irrigation Trust
Act 2009
18Amendment of section 193—Protection
orders
19Amendment of section 195—Reparation
orders
20Amendment of section 197—Reparation
authorisations
21Amendment of section 202—Right of
appeal
22Amendment of section 216—Criminal
jurisdiction of Court
23Amendment of section 226—NRM
Register
24Variation of Schedule 3A—The Water
Register
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Natural Resources Management (Commercial
Forests) Amendment Act 2010.
(1) This Act will come into operation on a day to be fixed by
proclamation.
(2) Section 7(5) of the Acts
Interpretation Act 1915 does not apply to this Act or a provision
of this Act.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Natural Resources Management
Act 2004
4—Amendment
of section 3—Interpretation
(1) Section 3(1)—after the definition of Chief Officer
insert:
commercial forest means a forest plantation where the forest
vegetation is grown or maintained so that it can be harvested or used for
commercial purposes (including through the commercial exploitation of the carbon
absorption capacity of the forest vegetation);
(2) Section 3(1)—after the definition of CPI
insert:
declared forestry area means a declared forestry area under
section 169B;
(3) Section 3(1)—after the definition of Department
insert:
designated commercial forest means a commercial forest within
a declared forestry area;
(4) Section 3(1)—after the definition of floodplain
insert:
forest vegetation means trees and other forms of forest
vegetation including—
(a) roots or other parts of the trees or other forest vegetation that lie
beneath the soil; and
(b) leaves, branches or other parts or products of trees or other forest
vegetation;
forest water licence means a licence granted by the Minister
under Chapter 7 Part 5A;
(5) Section 3(1), definition of Schedule 3A
entitlement—after paragraph (b) insert:
(ba) a forest water licence; or
(6) Section 3(1), definition of security
interest—after "water management authorisation" insert:
or a forest water licence
(7) Section 3(1)—definition of water
allocation—after paragraph (b) insert:
(c) in respect of a forest water licence means the water allocation
attached to the licence;
5—Amendment
of section 76—Preparation of water allocation plans
Section 76—after subsection (8) insert:
(9) A water
allocation plan may, in connection with the management of a prescribed water
resource—
(a) set out or identify appropriate principles and methodologies to
determine the impact that commercial forests may have on the prescribed water
resource and, on the basis of those principles and methodologies, specify
hydrological values, as measurements of hydrological impact, that may be
assigned to various classes of commercial forest; and
(b) designate
commercial forests, or commercial forests of a specified class or classes,
within a defined area as commercial forests that, on account of assessments
undertaken by the regional NRM board, have been identified as being appropriate
to bring within the ambit of Part 5A Division 2 of Chapter 7 on
account of their impacts on the prescribed water resource (taking into account
the requirements of that Part); and
(c) set out policies or criteria that are to apply for the purposes of
determining the extent to which a water allocation under Chapter 7
Part 5A should be varied in various cases (which may include circumstances
that lead to an allocation being reduced to zero).
(10) A water
allocation plan may, for the purposes of
subsection (9)—
(a) make different provision as to any principles, methodologies or values
according to any matter or circumstance specified by the regional NRM
board;
(b) specify values (as measurements of hydrological impact) according to
any number of trees, volume, area, year or other factor (as determined by the
regional NRM board);
(c) exclude specified
forests, or forests of a specified class, from a designation under
subsection (9)(b)
(so as to exclude them from the operation of Chapter 7 Part 5A
Division 2).
(11) A designation under
subsection (9)(b)
may be made on the basis of an assessment of hydrological impacts that the
commercial forests are having, or may be expected to have, on the prescribed
water resource.
(12) A summary of the assessments undertaken for the purposes of
subsection (9)(b)
must be included in the water allocation plan.
(13) For the purposes of
subsections (9)
and
(10), hydrological
impacts may be determined according to an assessment by the regional
NRM board of 1 or more of the following:
(a) groundwater recharge reduction;
(b) surface water run off reduction;
(c) direct extraction from aquifers;
(d) any impact prescribed by the regulations.
(14) To avoid doubt, a water allocation plan may make provision under
subsection (9) in
relation to 1 or more commercial forests despite the fact that the commercial
forest or commercial forests have not been the subject of a notice under
section 125(5a).
6—Amendment
of section 101—Declaration of levies
Section 101(1)—after paragraph (c) insert:
or
(d) are the holders of forest water licences granted in relation to
commercial forests within a specified NRM region.
7—Amendment
of section 104—Liability for levy
Section 104—after subsection (10) insert:
(10a) A person who holds a forest water licence at any time during a
financial year in respect of which a levy has been declared is liable to pay to
the Minister the full amount of the levy whether he or she holds the licence
throughout the year or not.
8—Amendment
of section 124—Right to take water subject to certain
requirements
Section 124—after subsection (7) insert:
(7a) This section operates subject to any requirement to have a licence
with respect to a commercial forest under Part 5A.
9—Amendment
of section 125—Declaration of prescribed water
resources
Section 125—after subsection (5) insert:
(5a) The Minister may, in a notice under subsection (5), include an
outline of proposals to introduce controls on the hydrological impacts of
commercial forests, or specified classes of commercial forests, on the water
resource under Part 5A.
10—Amendment
of section 127—Water affecting activities
Section 127(5)—after paragraph (j) insert:
(ja) undertaking commercial forestry;
11—Amendment
of section 129—Activities not requiring a permit
Section 129—after subsection (3) insert:
(3a) In addition, subsection (1)(e) does not apply in relation to any
activity of a class prescribed by the regulations under this
subsection.
12—Amendment
of section 146—Nature of water licences
Section 146—after subsection (7) insert:
(7a) The consumptive pool or consumptive pools may be affected by water
allocations attached to forest water licences (and these allocations must then
be taken into account in connection with the operation of the scheme established
by this section).
13—Amendment
of section 152—Allocation of water
(1) Section 152(1)—after paragraph (b) insert:
or
(c) from the holder of a forest water licence (subject to any conversion
or adjustment under the provisions of any relevant water allocation
plan).
(2) Section 152—after subsection (7) insert:
(8) To avoid doubt, subsection (7) extends to a water allocation
converted from a water allocation attached to a forest water licence under
Part 5A to a water allocation within the operation of this
section.
14—Insertion
of Chapter 7 Part 5A
Chapter 7—after Part 5 insert:
Part 5A—Commercial forestry
Division 1—Preliminary
169A—Interpretation
(1) In this Part—
forest manager, in relation to a commercial forest, means the
person who has effective control of the forest vegetation that makes up the
forest, either as the owner or occupier of the land on which the vegetation is
growing or as owner of the forest vegetation under a forest property
(vegetation) agreement under the Forest
Property Act 2000.
(2) In this Part, a reference to harvesting does not include any activity
prescribed by the regulations for the purposes of this subsection.
169B—Declaration of forestry
areas
(1) The Minister may,
by notice in the Gazette, declare an area of the State to be a declared
forestry area for the purposes of this Act.
(2) However, the Minister must not declare an area to be a declared
forestry area unless—
(a) the area has been identified in a water allocation plan under
section 76(9); and
(b) the Minister has referred the matter to the Minister primarily
responsible for commercial forestry within the State and has considered any
advice provided by that Minister; and
(c) the Minister is satisfied, after taking into account such matters as
the Minister thinks fit—
(i) that commercial forests in the relevant area (including after taking
into account expansions that are reasonably likely to occur into the future) are
having, or are reasonably likely to have, a significant hydrological impact on a
prescribed water resource; and
(ii) that the declaration is a reasonable measure to improve the
management of the prescribed water resource.
(3) While a
declaration is in force under
subsection (1),
the forest manager for a commercial forest within the declared forestry area
that falls within the relevant designation under the water allocation plan must
ensure that the forest is the subject of a forest water licence granted by the
Minister under Division 2 (unless the commercial forest is a forest
excluded from the operation of Division 2 by the relevant water allocation
plan).
(4) The Minister may,
by subsequent notice in the Gazette—
(a) vary the declaration of an area under
subsection (1);
(b) revoke the declaration of an area under
subsection (1).
(5) If a notice is published under
subsection (4),
the Minister may, by the same or a subsequent notice in the Gazette, make
provision for any transitional or consequential matter, including for the status
or operation of any forest water licence that may apply in relation to the
relevant area and the status or hydrological transfer value (if any) of any
water allocation attached to any forest water licence after taking into account
the provisions of the relevant water allocation plan (and any such notice will
have effect according to its terms).
(6) For the purposes of this section, the expansion of a commercial forest
will be taken to include a situation where there is to be an increase in the
land that is to be planted with trees for the purposes of a commercial
forest.
Division 2—Licences
169C—Forest water licences
(1) A forest water licence will be granted by the Minister.
(2) An application for a licence must be in a form approved by the
Minister and must—
(a) specify—
(i) the commercial forest in relation to which the licence is being
sought; or
(ii) if the forest is yet to be established, the land where the forest is
to be located, the proposed size of the forest (by area and by number of trees),
and the type or types of trees proposed to be planted; and
(b) be made by the forest manager, or by some other person authorised by
the Minister; and
(c) be accompanied by the fee prescribed by the regulations; and
(d) be accompanied by such other information or material as the Minister
may require.
(3) The Minister may refuse to grant a forest water
licence—
(a) to a person, or to the associate of a person, who formerly held a
licence that was cancelled under this Act; or
(b) to a person who has acted in contravention of this Act; or
(c) on any ground prescribed by the regulations; or
(d) on any other reasonable ground.
(4) The Minister's decision on an application for a licence that relates
to a commercial forest within the Murray-Darling Basin must take into account
the terms and requirements of the Murray-Darling Basin Agreement, and any
relevant resolution of the Ministerial Council under that Agreement (insofar as
they may be relevant).
(5) If an application for a forest water licence is within a class of
applications prescribed by the regulations for the purposes of this provision,
the Minister must, before making a decision on the application—
(a) consult the Minister to whom the administration of the River
Murray Act 2003 is committed; and
(b) comply with the Minister's directions in relation to the application
(including that if the application is to be granted then the licence be subject
to conditions specified by the Minister).
(6) In addition, the Minister's decision on the grant of a forest water
licence must be consistent with—
(a) any relevant provisions of the water allocation plan; and
(b) requirements (if any) prescribed by the regulations.
(7) A forest water
licence applies to the site of the commercial forest to which the licence
relates and is attached to—
(a) subject to
paragraph (b)—the
land constituting the site;
(b) if the forest is
the subject of a forest property (vegetation) agreement—the forest
vegetation.
(8) If land within the ambit of
subsection (7)(a)
is transferred, the transferee must furnish the Minister with notice of the
transfer in accordance with the regulations.
(9) If the interest conferred under the Forest
Property Act 2000 by a forest property (vegetation) agreement
within the ambit of
subsection (7)(b)
is assigned to another person, the person to whom the interest is assigned must
furnish the Minister with notice of the assignment in accordance with the
regulations.
169D—Allocation of water
(1) A forest water licence must have a water allocation attached to the
licence.
(2) The water allocation must provide for a quantity of water that is at
least equal to the water required to fully offset the impact of the forest on
the relevant water resource, as determined in accordance with the hydrological
values that are relevant to the commercial forest under the relevant water
allocation plan (as relevant at the time of the issue of the licence and as
relevant taking into account any expansion or reduction in the size of the
forest) and subject to any allowance under a scheme (if any) relating to the
management of the forest (including as to the planting and harvesting of trees
constituting the forest) approved by the Minister (on such conditions as the
Minister thinks fit) for the purposes of this section.
(3) The water
allocation may be obtained—
(a) by the holder of
the relevant forest water licence, on the basis that a water allocation is being
granted by the Minister; or
(b) by the holder of
the relevant forest water licence on the basis of a transfer of a water
allocation—
(i) from the holder of another forest water licence; or
(ii) from the holder of a water licence,
(or by a combination of both).
(4) The Minister may
require the payment of a fee for a water allocation granted by the Minister
under
subsection (3)(a).
(5) The Minister may, in connection with the operation of
subsection (4),
determine a fee that is based on—
(a) the Minister's assessment of the value of the water allocation;
or
(b) a process that determines the value of the water allocation according
to a procedure determined by the Minister (including, if the Minister thinks
fit, a tender or auction process).
(6) A water allocation (as attached to a forest water licence) must be
consistent with the relevant water allocation plan (and, in the case of a water
allocation under
subsection (3)(b),
will be obtained subject to any conversion or adjustment under the provisions of
the relevant water allocation plan).
(7) A water allocation is personal property and may pass to another in
accordance with the provisions of this Act or, subject to this Act, in
accordance with any other law for the passing of property.
(8) In this section—
hydrological values means the values specified by the water
allocation plan under section 76(9)(a) (as measurements of hydrological
impact).
169E—Variations—allocations
(1) A water
allocation attached to a forest water licence may be varied (including so as to
provide for a reduction in the water allocation) by the
Minister—
(a) at any time on
the application of, or with the consent of, the holder of the licence;
or
(b) at the time, or
within the prescribed period following the time, when a part (or all) of the
forest is harvested; or
(c) if the Minister is
authorised to do so by the regulations.
(2) An application under
subsection (1)(a)
must—
(a) be made in a form approved by the Minister; and
(b) be accompanied by the fee prescribed by the regulations.
(3) A variation to provide for the reduction of a water allocation under
subsection (1)(c)
may only be made within the prescribed period following the time when a part (or
all) of the forest is harvested.
(4) The Minister's
decision on the variation of a water allocation under
subsection (1)
must be consistent with the relevant water allocation plan.
(5) A variation under
subsection (1) may
operate subject to any allowance under a scheme (if any) relating to the
management of the forest (including as to the planting and harvesting of trees
constituting the forest) approved by the Minister (and subject to complying with
any conditions attached to that approval).
(6) The Minister is not required to conduct a hearing or to give notice to
a third party before varying a water allocation under this section.
169F—Transfer of allocations
(1) Subject to this
Act and the relevant water allocation plan, the holder of a forest water licence
may transfer the whole or a part of the water allocation attached to the
licence—
(a) to the holder of
another forest water licence for a forest in the same declared forestry area;
or
(b) to the holder of
another forest water licence for a forest in a different declared forestry area;
or
(c) to the holder of
a water licence; or
(d) to the Minister.
(2) A reference in
subsection (1)(a),
(b) or
(c) to a forest water
licence or a water licence includes a reference to a licence created to receive
the relevant transfer.
(3) A transfer requires the approval of the Minister.
(4) An application to the Minister for his or her approval
must—
(a) be made in a form approved by the Minister; and
(b) be accompanied by the fee prescribed by the regulations.
(5) The Minister must refuse to grant approval for the transfer of a water
allocation if the result would be that the water allocation attached to the
licence would fall below the water required to offset the impact of the forest
on the relevant water resource (as determined under the relevant water
allocation plan).
(6) The Minister may refuse to grant approval for the transfer of a water
allocation if the holder of the licence is in breach of a condition of the
licence.
(7) In addition, the Minister's decision to grant or refuse approval for
the transfer of a water allocation—
(a) must be consistent with the relevant water allocation plan;
and
(b) if—
(i) the transfer is to the holder of another forest water licence for a
forest in a different declared area—must be consistent with the water
allocation plan for the water resource that is relevant to the other forest
water licence; or
(ii) the transfer is to the holder of a water licence that relates to a
different prescribed water resource—must be consistent with the water
allocation plan for that other prescribed water resource; and
(c) must be made in the public interest; and
(d) must be consistent with requirements (if any) prescribed by regulation
under this paragraph (which regulation may prescribe circumstances where an
application for a transfer must be refused).
(8) Depending on—
(a) the class of the commercial forest under the other licence on a
transfer under
subsection (1)(a)
or
(b), taking into
account the provisions of the relevant water allocation plan; and
(b) the provisions of any relevant water allocation plan as to how water
allocations are to be converted or adjusted if transferred from 1 class of
forest to another, or in relation to 1 prescribed water resource to
another,
the hydrological value of a water allocation may be reduced or increased
(by force of the provisions of a water allocation plan or plans and by force of
this subsection) on its transfer.
(9) Without limiting a preceding subsection, if a forest property
(vegetation) agreement to which a forest water licence is attached comes to an
end, the forest manager may, subject to the regulations, deal with a water
allocation attached to the licence in a manner approved by the
Minister.
(10) Despite the provisions of the Stamp
Duties Act 1923, the transfer of a water allocation under this
section is not chargeable with duty under that Act.
169G—Conditions
A forest water licence will be subject to such conditions—
(a) prescribed from time to time by the regulations; or
(b) endorsed on the licence itself by the Minister.
169H—Variations—conditions
(1) A condition to a
forest water licence may be varied by the Minister—
(a) at any time on
the application of, or with the consent of, the holder of the licence;
or
(b) at the time, or
within the prescribed period following the time, when a part of the forest is
harvested; or
(c) at intervals
specified by the Minister in the licence; or
(d) if the Minister is authorised to do so under the provisions of the
relevant water allocation plan; or
(e) if the Minister is authorised to do so by the regulations.
(2) An application under
subsection (1)(a)
must—
(a) be made in a form approved by the Minister; and
(b) be accompanied by the fee prescribed by the regulations.
(3) The Minister's decision on the variation of a
condition—
(a) must not be seriously at variance with the relevant water allocation
plan; and
(b) must be consistent with requirements (if any) prescribed by regulation
under this paragraph (which regulation may prescribe circumstances where an
application for variation must be refused).
(4) The holder of a licence may appeal to the ERD Court
against—
(a) a decision to refuse to grant an application to vary a condition of
his or her licence under
subsection (1)(a);
or
(b) the variation of a condition under
subsection (1)(b)
or
(c).
(5) The Minister is not required to conduct a hearing or to give notice to
a third party before varying a condition under this section.
169I—Establishment of licence on declaration of
areas
(1) On or after a
relevant day, the forest manager for a commercial forest within the relevant
declared forestry area (as the forest exists on the relevant day) is entitled,
on due application under this Act made within a period specified by the relevant
water allocation plan, to be issued a forest water licence with respect to that
forest that has attached to the licence a water allocation granted by the
Minister (without the payment of a purchase price) (and until the period so
specified expires and, if due application is made within that period, until the
forest water licence is issued, the forest manager will be taken not to be in
breach of section 169B(3)).
(2) The Minister must,
in acting under
subsection (1),
take into account the provisions of the relevant water allocation plan (as at
the date of issue of the licence), and may take into account such other matters
as the Minister thinks fit.
(3) A water
allocation plan may, in connection with the operation of
subsections (1)
and
(2), make any provision
on account of any water allocation held in relation to a commercial forest
immediately before the commencement of this section by virtue of a requirement
to hold a permit under section 127(3)(f) (an off-set
allocation), including that the water allocation attached to a forest
water licence under
subsection (1) is
to be adjusted to take into account the existence of the off-set allocation,
that the off-set allocation take the place of an allocation under
subsection (1),
that the off-set allocation may be transferred (subject to the provisions of
this Act and of the water allocation plan), or that the off-set allocation will
be subject to any other requirement or provision due to the replacement of a
requirement for a permit with the scheme set out in this Part.
(4) Any provision made under
subsection (3)
will also operate subject to any principles or adjustments set out in the
relevant water allocation plan (including so as to vary the hydrological value
of an off-set allocation on account of the need to convert the allocation to an
allocation under this Part or in connection with any transfer of a water
allocation from 1 class of forest to another or in relation to
1 prescribed water resource to another).
(5) In this section—
relevant day, in relation to a commercial forest within a
declared forestry area, is the day from which a forest water licence is required
under this Part in relation to the commercial forest.
169J—Surrender of licences
A licensee may surrender his or her forest water licence in prescribed
circumstances.
169K—Cancellation of licences
The Minister may cancel a forest water licence in
circumstances—
(a) specified in the relevant water allocation plan; or
(b) prescribed by the regulations.
Division 4—Related matters
169L—Offences
(1) A person who—
(a) contravenes
section 169B(3);
or
(b) contravenes or fails to comply with a condition to which a licence
under this Part is subject,
is guilty of an offence.
Maximum penalty:
(a) if the court by which the conviction is recorded has accepted evidence
as to the extent of the deficiency in a water allocation, as assessed according
to hydrological values, and considers it appropriate that this paragraph
applies—
(i) a sum calculated at the prescribed rate for each kilolitre of water
represented by those hydrological values; or
(ii) —
(A) where the offender is a body corporate—$250 000;
(B) where the offender is a natural person—$125 000,
whichever is the greater; or
(b) in any other case—
(i) where the offender is a body corporate—$250 000;
(ii) where the offender is a natural person—$125 000.
(2) A forest manager who is required to comply with
section 169B(3) in
relation to a particular commercial forest must ensure that the water allocation
attached to the relevant forest water licence is at all times at least equal to
the water required to fully offset the hydrological impacts of the forest on the
relevant water resource, as determined in accordance with the hydrological
values that are relevant to the forest under the relevant water allocation plan
and subject to any allowance under a scheme (if any) relating to the management
of the forest (including as to the planting and harvesting of trees constituting
the forest) approved by the Minister (and subject to complying with any
conditions attached to that approval).
Maximum penalty:
(a) if the court by which the conviction is recorded has accepted evidence
as to the extent of the deficiency in a water allocation, as assessed according
to hydrological values, and considers it appropriate that this paragraph
applies—
(i) a sum calculated at the prescribed rate for each kilolitre of water
represented by those hydrological values; or
(ii) —
(A) where the offender is a body corporate—$250 000;
(B) where the offender is a natural person—$125 000,
whichever is the greater; or
(b) in any other case—
(i) where the offender is a body corporate—$250 000;
(ii) where the offender is a natural person—$125 000.
169M—Law governing decisions under this
Part
(1) If a decision is being made under this Part with respect
to—
(a) an application for a forest water licence; or
(b) a water allocation (including a variation or transfer of a water
allocation); or
(c) the variation of a condition to a forest water licence,
the law to be applied in deciding the matter, and the provisions of any
water allocation plan that are relevant to the consideration or determination of
the matter (including in any subsequent review or appeal proceedings (whether
brought under this Act or not)), is the law in force, and the provisions of the
water allocation plan as in force, at the time that the matter falls to be
decided, considered or determined (including when that time is the time of any
decision on a review or appeal).
(2) However, if the Minister does not determine an application for a
forest water licence within the prescribed period, the provisions of the
relevant water allocation plan that are relevant to the determination of the
matter will be the provisions as in force at the end of that prescribed
period.
(3) Subject to
subsection (4),
the prescribed period is a period prescribed by the
regulations.
(4) If the Minister
requests an applicant for a forest water licence—
(a) to provide such additional documents or information; or
(b) to carry out any form of assessment or test; or
(c) to take any other action,
as the Minister may reasonably require in order to allow the Minister to
assess the application, then any period between the date of the request and the
date of compliance is not to be included in the calculation of the prescribed
period.
(5) If the Minister
does not decide an application within the prescribed period, the applicant may,
after giving 14 days notice in writing to the Minister, apply to the ERD
Court for an order requiring the Minister to make a decision on the application
within a time fixed by the ERD Court.
(6) If the ERD Court makes an order under
subsection (5),
the ERD Court should also order the Minister to pay the applicant's costs of the
proceedings unless the ERD Court is satisfied—
(a) that the delay is not attributable to an act or omission of the
Minister; or
(b) that the delay is attributable to a decision of the Minister not to
deal with the application within a reasonable time because—
(i) it appeared to the Minister that there had been a failure to comply
with a requirement imposed by or under this Act; or
(ii) the Minister believed, on other reasonable grounds, that it was not
appropriate to decide the matter in the particular circumstances; or
(c) that an order for costs should not be made for some other
reason.
15—Redesignation
of Chapter 7 Part 5A
Chapter 7 Part 5A (Interaction with Irrigation
Acts)—redesignate the Part as Part 5B
16—Redesignation
of section 169A—Interaction with
Irrigation
Act 2009
Section 169A—redesignate the section as section 169N
17—Redesignation
of section 169B—Interaction with Renmark
Irrigation Trust Act 2009
Section 169B—redesignate the section as section 169O
18—Amendment
of section 193—Protection orders
Section 193(1)—after paragraph (b) insert:
(ba) the requirements of Chapter 7 Part 5A; or
19—Amendment
of section 195—Reparation orders
Section 195(1)—after paragraph (b) insert:
(ba) the requirements of Chapter 7 Part 5A; or
20—Amendment
of section 197—Reparation authorisations
Section 197(1)—after paragraph (b) insert:
(ba) the requirements of Chapter 7 Part 5A; or
21—Amendment
of section 202—Right of appeal
(1) Section 202(1)(b)(ii)—after "water management authorisation"
insert:
, a forest water licence
(2) Section 202(1)(b)—after paragraph (iii) insert:
(iv) an applicant for the transfer of a water allocation attached to a
forest water licence may appeal to the Court against a refusal to grant the
application;
22—Amendment
of section 216—Criminal jurisdiction of Court
Section 216—after paragraph (d) insert:
(da) section 169L;
23—Amendment
of section 226—NRM Register
Section 226(1)—after paragraph (a) insert:
(ab) forest water licences granted under this Act; and
24—Variation
of Schedule 3A—The Water Register
(1) Schedule 3A, clause 6(e)—after "water licence" insert:
, forest water licence
(2) Schedule 3A, clause 15(1)—after "water licence"
insert:
, forest water licence
(3) Schedule 3A, clause 15(2)—after "water licence"
insert:
, forest water licence