Part 9Operation of Part 8 of the Landscape South Australia Act 2019 in the Scheme Area

Part 9—Operation of Part 8 of the Landscape South Australia Act 2019 in the Scheme Area 66—Exclusion of section 102 of the Landscape South Australia Act 2019 Section 104(3) of the Landscape South Australia Act 2019 does not apply to, or in relation to, the following activities: (a) the drilling, plugging, backfilling or sealing of a well; or (b) the repairing, replacing or altering of the casing, lining or screen of a well; or (c) the draining or discharging of water directly or indirectly into a well, if the well is situated in the Scheme Area. 67—Problem of disposal of water not to be considered on application for water licence etc (1) Despite the provisions of the Landscape South Australia Act 2019 or the relevant water allocation plan under that Act, the problem of the disposal of water used for irrigation must not be considered by the Minister under that Act when considering— (a) an application for a water licence or a water allocation, or for an increase in a water allocation, under that Act; or (b) an application for the transfer of a water licence, a water access entitlement (or part of a water access entitlement) or a water allocation (or part of a water allocation); or (c) the use of water under a water allocation, if— (d) the relevant water management authorisations under that Act authorise, or will authorise, the use of the water for irrigation on irrigated land to which a waterlogging and salinity risk management allocation is attached but not on any other land; and (e) (unless the regulations provide otherwise) the land on which the water can be used under the relevant water management authorisations under that Act does not include the category of land having the highest degree of risk; and (f) the Minister is satisfied that the waterlogging and salinity risk management allocation attached to the land authorises, or will authorise, the use on the land of all the water allocated. (2) Where a person has made an application referred to in subsection (1) under the Landscape South Australia Act 2019, an assessment under that Act of the effect of allocating additional water must not include an assessment of the problem of disposing of the water used. 68—Lower levy for certain irrigated properties When declaring a levy under section 76 of the Landscape South Australia Act 2019 that will be payable in respect of irrigated properties in the Scheme Area that include irrigated land to which a waterlogging and salinity risk management allocation is attached, the Minister under that Act must declare a lower levy payable in respect of those properties (based on the risk management allocation attached to the irrigated land of the property) to recognise the benefits provided by the operation of the Scheme under this Act after taking into account the provisions of the relevant water allocation plan. 69—Scheme to be acknowledged for levy refund purposes Where— (a) the relevant regional landscape board is considering an application for a refund under section 87 of the Landscape South Australia Act 2019 from a person in respect of an irrigated property; and (b) entitlement to the refund is based wholly or partly on land management practices that comprise or include the control or management of drainage problems caused by irrigation, the contribution to the Scheme under this Act as measured by the risk management allocation attached to the irrigated land of the property must be taken for the purposes of the application to comprise land management practices adopted by the applicant.