Div 8Related matters

Division 8—Related matters 178—Effect of water use on ecosystems When making a decision under this Part that is based wholly or partly on an assessment of the quantity of water available or the period or periods during which water is available from a water resource, the Minister or other person or body making that decision must take into account the needs of the ecosystems that depend on that resource for water. 179—Activities relating to Murray‑Darling Basin When making a decision under this Part that relates to— (a) an activity to be carried out in an area within the Murray‑Darling Basin; or (b) the management of water within a part of the Murray‑Darling Basin; or (c) the taking, allocation or use of water from a water resource within a part of the Murray‑Darling Basin; or (d) any other matter of a prescribed kind, the Minister or other person or body making that decision must take into account the terms or requirements of the Murray‑Darling Basin Agreement and any resolution of the Ministerial Council under that agreement (insofar as they may be relevant). 180—Consultation with Minister responsible for River Murray Act 2003 (1) The Minister must, before acting under this Part in any case or circumstance prescribed by the regulations for the purposes of this section— (a) consult with the Minister to whom the administration of the River Murray Act 2003 is committed; and (b) comply with that Minister's directions (if any) in relation to the matter. (2) Without limiting paragraph (a), a direction under subsection (1)— (a) may have the effect of prohibiting the taking of a specified step, the granting of an application, or the issuing, variation or transfer of a specified authority or approval; and (b) may require the imposition or variation of a specified condition or conditions with respect to the taking of a specified step, the granting of an application, or the issuing, variation or transfer of a specified authority or approval; and (c) without limiting paragraph (a) or (b), may make provision in relation to or affect— (i) an allocation of water, or any other entitlement to water under this Part, or the transfer of such an allocation or other entitlement; or (ii) the taking or use of water (including so as to impose a prohibition or condition); and (d) may otherwise have effect in relation to the exercise of any statutory function or power conferred on the Minister to whom the administration of this Act is committed under another provision of this Act. 181—Representations by SA Water (1) If water is discharged into a watercourse or lake in the region of a regional landscape board by SA Water, SA Water may make representations to the board in respect of the performance or exercise by the board of its functions or powers in relation to that water. (2) A regional landscape board must have regard to representations made under subsection (1). 182—Water recovery and other rights subject to board's functions and powers The following rights are subject to the performance of functions and duties and the exercise of powers by a regional landscape board or a designated entity under this or any other Act: (a) the right of a person to take water from a watercourse or lake or to take surface water or underground water whether pursuant to a water management authorisation or not; (b) the right of SA Water to erect dams or reservoirs across and in the bed of the River Torrens; (c) the right of SA Water— (i) to erect buildings upon any watercourse; or (ii) to divert, impound or take water from a watercourse or lake; or (iii) to alter the course of a watercourse. 183—Water management authorisation is not personal property for the purposes of Commonwealth Act A water management authorisation is not personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth. 184—Law governing decisions under this Part (1) In this section— permit means a permit under section 112; prescribed decision means a decision under this Part with respect to— (a) an application for a water management authorisation, a permit or a forest water licence; or (b) a water allocation (including a water allocation under a WETS); or (c) the variation of a water management authorisation or permit; or (d) the variation of a condition of a water management authorisation, permit or forest water licence; or (e) the transfer of a water management authorisation. (2) If a prescribed decision is being made under this Part, the law to be applied in deciding the matter, and the provisions of any water allocation plan or water affecting activities control policy 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 or water affecting activities control policy 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). (3) However, if the Minister does not determine an application for a water management authorisation, permit or forest water licence (as the case may be) within the prescribed period, the provisions of the relevant water allocation plan or water affecting activities control policy that are relevant to the determination of the matter will be the provisions as in force at the end of that prescribed period. (4) If the Minister requests an applicant for a water management authorisation, permit or 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 has 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.