Part 8Management and protection of water resources

Part 8—Management and protection of water resources Division 1—General rights in relation to water 100—Right to take water subject to certain requirements (1) Subject to this Act and to any other Act or law to the contrary, a person who has lawful access to a watercourse, lake or well may take water from the watercourse, lake or well for any purpose. (2) Subject to this Act and to any other Act or law to the contrary, the occupier of land is entitled to take surface water from the land for any purpose. (3) Subject to this Act, any other Act or law to the contrary, any provision made by the regulations, or the provisions of a stormwater management plan incorporated into a regional landscape plan or a water allocation plan under section 62(3), a person who has lawful access to any stormwater infrastructure may take water from the infrastructure for any purpose. (4) However, subject to subsections (5), (7) and (8)— (i) an authorisation under section 105; or (ii) a water allocation that relates to the relevant water resource, is required to take water from a prescribed watercourse, lake or well or to take water from a surface water prescribed area; and (b) a person must not take water from a watercourse, lake or well that is not prescribed if to do so— (i) would detrimentally affect the ability of another person to exercise a right to take water from the watercourse or lake or from the same underground aquifer; or (ii) would detrimentally affect the enjoyment of the amenity of water in the watercourse or lake by the occupier of land— (A) that adjoins the watercourse or through which the watercourse runs; or (B) that adjoins the lake or on which the lake is situated. (5) Subsection (4) does not apply to the taking of water if— (a) the water is taken by the occupier of land from— (i) a watercourse that adjoins or runs through the land; or (ii) a lake that adjoins or is on the land; or (iii) a well that is on the land; or (b) the water is surface water and is taken by the occupier of land from the land, and is used by the occupier for domestic purposes or for watering stock (other than stock subject to intensive farming). (6) Subsection (5) does not apply to the taking of water from a prescribed watercourse, lake or well or the taking of surface water from a surface water prescribed area if the regulation declaring the watercourse, lake or well or the surface water prescribed area excludes the operation of that subsection. (7) Subsection (4) does not apply to the taking of water for the purposes of drinking or cooking by the person who takes it or by a person to whom the water is given if the rate at which the water is taken does not exceed the rate prescribed by regulation. (8) Subsection (4) does not apply— (a) to the taking of water from stormwater infrastructure in circumstances prescribed by regulation; or (b) to the taking of water from stormwater infrastructure, or a part of stormwater infrastructure, brought within the ambit of this paragraph by regulation. (9) Despite the other provisions of this section, water must not be taken contrary to the provisions of a regional landscape plan, a water allocation plan or a water affecting activities control policy that applies in relation to that water unless the water is taken pursuant to an authorisation under section 105 or a water allocation that relates to the relevant water resource. (10) This section operates subject to any requirement to have a licence with respect to a commercial forest under Division 6. (11) Rights at common law in relation to the taking of naturally occurring water are abolished. 101—Declaration of prescribed water resources (1) The Governor may, by regulation made on the recommendation of the Minister, declare that a watercourse, lake or well is a prescribed watercourse, lake or well. (2) The Governor may, by regulation made on the recommendation of the Minister, declare that part of the State is a surface water prescribed area. (3) The Governor may, by subsequent regulation made on the recommendation of the Minister, vary or revoke a regulation under subsection (1) or (2). (4) A regulation under subsection (1) or (3) may refer to watercourses, lakes or wells individually or by reference to the part of the State in which they are situated or by any other classification. (5) A regulation under subsection (2) or (3) may operate (wholly or in part) by reference to particular stormwater infrastructure (or a part of stormwater infrastructure). (6) Before making a recommendation to the Governor, the Minister must— (a) cause to be published, in the Gazette and in such other manner as the Minister thinks appropriate, a notice outlining the proposed recommendation, stating the reasons for it and inviting interested persons to make written submissions to the Minister in relation to the proposal within a period (being at least 3 months) specified in the notice; and (b) serve a copy of the notice on all councils in the area that will be affected by the proposed regulation; and (c) have regard to all submissions made in accordance with the notice. (7) The Minister may, in a notice under subsection (6), 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 Division 6. (8) The Minister must not make a recommendation under subsection (1) or (2) for a regulation declaring a water resource to be a prescribed water resource unless satisfied that the proposed regulation is necessary or desirable for the proper management of the water resource to which it will apply. (9) After a regulation is made the Minister must cause to be published in a newspaper circulating generally throughout the State and in a local newspaper a notice stating the date on which the regulation was made and explaining its effect. Division 2—Control of activities affecting water Subdivision 1—Water affecting activities control policies 102—Water affecting activities control policies (1) A prescribed authority may prepare a policy under this section (a water affecting activities control policy) with respect to the conservation, management or protection of— (a) a watercourse, lake or well (insofar as the watercourse, lake or well is within the board's region); or (b) an area or a place containing (or from time to time containing) surface water (insofar as the area or place is within the relevant regional landscape board's region). (2) However, in the case of— (a) a prescribed watercourse, lake or well; or (b) a surface water prescribed area, a water affecting activities control policy should not overlap with the provisions of a water allocation plan that is in operation under this Act in relation to that prescribed water resource. (3) A water affecting activities control policy may— (a) make provision for the requirement to have a water management authorisation or a permit under this Division to undertake an activity specified in the policy; and (b) make provision for the identification of the relevant authority for the purposes of the application and implementation of the policy under this Division; and (c) set out matters that should be taken into account when a relevant authority is exercising a power to grant or refuse a water management authorisation or a permit under this Division or Division 3; and (d) make provision for or in relation to the conditions of any water management authorisation or permit issued under this Division or Division 3; and (e) specify rules, and make other provision, in relation to taking water from a watercourse, lake or well, or from an area or place, other than with respect to a prescribed water resource; and (f) include any other matter prescribed by the regulations. (4) A prescribed authority may amend a water affecting activities control policy at any time (in accordance with the provisions of this Act). (5) Schedule 2 makes provision in relation to the review, preparation and amendment of a water affecting activities control policy. prescribed authority means a regional landscape board and includes, in relation to Green Adelaide, the Chief Executive. Subdivision 2—Determination of relevant authority 103—Determination of relevant authority (1) The relevant authority in relation to the granting of a water management authorisation is the Minister. (2) Subject to subsections (3) and (5), the relevant authority in relation to activities for which a permit is required under this Division is— (a) in the case of an activity referred to in section 104(3)(a), (b) or (c)—the Minister; and (b) in the case of an activity referred to in section 104(3)(d)— (i) if so provided by a water allocation plan or a water affecting activities control policy—the regional landscape board or a designated authority, as specified in the plan or policy (as the case may be); or (ii) in any other case—the Minister; and (c) in the case of the discharge of water into a watercourse for the purpose of running the water down the watercourse for storage in a reservoir or other facility—the Minister; and (d) in the case of an activity (other than an activity referred to in paragraph (c)) referred to in section 104(3)(e) or (f)—the authority (being the Minister, the regional landscape board, a designated authority, a council or a council subsidiary) specified in a water allocation plan, a water affecting activities control policy or a regulation as the authority from whom the permit must be obtained. (3) The authority that is the relevant authority under subsection (2) may appoint the Minister, a regional landscape board, a designated entity, a council or a council subsidiary in its place to be the relevant authority and in that event the Minister, regional landscape board, designated entity, council or council subsidiary so appointed is the relevant authority. (4) An appointment under subsection (3) must be in writing. (5) In the case of an activity of a prescribed class within the Murray‑Darling Basin, the Minister will be the relevant authority in relation to activities for which a permit is required under this Division. Subdivision 3—Control of activities 104—Water affecting activities (1) A person must not take water from a prescribed watercourse, lake or well or take surface water from a surface water prescribed area— (a) unless the person is— (i) — (A) authorised to do so under section 105; or (B) taking the water as part of a water allocation that relates to the relevant water resource; or (ii) entitled to take the water for domestic purposes or for watering stock under Division 1; and (b) if the taking of water consists of the erection, construction or enlargement of a dam, wall or other structure that collects or diverts water flowing in a watercourse or flowing over any other land—unless the person is authorised to erect, construct or enlarge the dam by a water management authorisation or a permit referred to in subsection (3). (2) A person must not take water from a watercourse, lake or well that is not prescribed or take surface water from land that is not in a surface water prescribed area in contravention of a water affecting activities control policy. (3) Subject to this Act, a person must not undertake any of the following activities unless authorised to do so by a water management authorisation or permit granted by the relevant authority: (a) drilling, plugging, backfilling or sealing of a well; (b) repairing, replacing or altering the casing, lining or screen of a well; (c) draining or discharging water directly or indirectly into a well; (d) the erection, construction, modification, enlargement or removal of a dam, wall or other structure that will collect or divert, or collects or diverts— (i) water flowing in a prescribed watercourse; or (ii) water flowing in a watercourse in the Mount Lofty Ranges Watershed that is not prescribed; or (iii) surface water flowing over land in a surface water prescribed area or in the Mount Lofty Ranges Watershed; (e) an activity of a kind referred to in subsection (4) that is identified in a water allocation plan or a water affecting activities control policy that applies or makes provision in relation to the region or area in which the activity is to be undertaken as being an activity for which a permit is required under this subsection; (f) an activity prescribed by the regulations made on the recommendation of the Minister. (4) Subject to this Act, a person must not undertake any of the following activities contrary to a water allocation plan or a water affecting activities control policy that applies or makes provision in relation to the region or area in which the activity is to be undertaken: (a) the erection, construction, modification, enlargement or removal of a dam, wall or other structure that will collect or divert, or collects or diverts, water flowing in a watercourse that is not in the Mount Lofty Ranges Watershed and that is not prescribed or flowing over any other land that is not in a surface water prescribed area or in the Mount Lofty Ranges Watershed; (b) the erection, construction or placement of any building or structure in a watercourse or lake or on the floodplain of a watercourse; (c) draining or discharging water directly or indirectly into a watercourse or lake; (d) depositing or placing an object or solid material in a watercourse or lake; (e) obstructing a watercourse or lake in any other manner; (f) depositing or placing an object or solid material on the floodplain of a watercourse or near the bank or shore of a lake to control flooding from the watercourse or lake; (g) destroying vegetation growing in a watercourse or lake or growing on the floodplain of a watercourse; (h) excavating or removing rock, sand or soil from— (i) a watercourse or lake or the floodplain of a watercourse; or (ii) an area near to the banks of a lake so as to damage, or create the likelihood of damage to, the banks of the lake; (i) using water in the course of carrying on a business in a landscape management region at a rate that exceeds the rate prescribed by a water allocation plan or a water affecting activities control policy if the water has been brought into the region by means of a pipe or other channel; (j) using effluent in the course of carrying on a business in a landscape management region at a rate that exceeds a rate prescribed by a water allocation plan or a water affecting activities control policy; (k) undertaking commercial forestry; (l) an activity prescribed by the regulations. (5) Without limiting a preceding subsection, in the case of a prescribed watercourse, lake or well or a surface water prescribed area— (a) a person must not construct, maintain or operate any works for the purposes of taking water or surface water (as the case may be) from the relevant water resource unless authorised to do so by a water resource works approval; and (b) a person must not use water or surface water (as the case may be) taken from the relevant water resource unless authorised to do so by a site use approval; and (c) if the relevant water allocation plan so requires—a person must not take water or surface water (as the case may be) unless authorised to do so by a delivery capacity entitlement. (6) Subsection (5) does not apply— (a) in the case of subsection (5)(a)—to any works prescribed by regulation under this paragraph; or (b) in the case of subsection (5)(b)—to any circumstance or situation, or after any point, prescribed by regulation under this paragraph; or (c) in the case of subsection (5)(c)—to any circumstance or situation prescribed by regulation under this paragraph. (7) A person who— (a) contravenes subsection (1), (2), (3), (4) or (5); or (b) contravenes or fails to comply with a term or provision of a water management authorisation; or (c) contravenes or fails to comply with a condition to which a water management authorisation, an authorisation under section 105 or a permit is subject, (a) if the offence relates to the taking or using of water and the court by which the conviction is recorded has accepted evidence as to the amount of water taken or used in contravention of this Act— (i) a sum calculated at the prescribed rate for each kilolitre of water so taken or used; or (A) where the offender is a body corporate—$100 000; (B) where the offender is a natural person—$50 000, whichever is the greater; (i) where the offender is a body corporate—$100 000; (ii) where the offender is a natural person—$50 000. Expiation fee: If the offence is constituted by a breach of a prescribed condition of a water management authorisation or permit—$1 000. (8) The Minister, a regional landscape board, a council or a council subsidiary that proposes to undertake an activity does not require a permit for the activity if the Minister, regional landscape board, council or council subsidiary is the relevant authority for the purposes of granting permits for that kind of activity. (9) The relevant authority may, in conjunction with the operation of subsection (3)(d), determine not to grant any more permits for the erection, construction or enlargement of a dam, wall or other structure in a particular area unless or until there has been a reduction, to a level determined by the relevant authority, of the capacity of water capable of being retained by other dams, walls or structures already existing in the relevant area. prescribed rate means $25. 105—Certain uses of water authorised (1) Subject to subsection (2), the Minister may, by notice published in the Gazette and in such other manner as the Minister thinks appropriate, authorise the taking of water from a prescribed watercourse, lake or well, or the taking of surface water from a surface water prescribed area, for a particular purpose specified in the notice. (2) A notice under subsection (1) cannot authorise the taking of water by stopping, impeding or diverting the flow of water for the purpose of collecting the water or diverting the flow of water from a watercourse unless the Minister is satisfied that it is reasonable to allow the water to be taken in this way after taking into account any criteria prescribed by the regulations for the purposes of this subsection. (3) A notice under subsection (1) may apply generally throughout the State or in relation to a particular watercourse or lake or to the wells, or the wells of a particular class, in a particular part of the State or to a particular surface water prescribed area (including as to particular stormwater infrastructure (or a part of stormwater infrastructure) or stormwater infrastructure of a particular class). (4) An authorisation under subsection (1) will be subject to such conditions as the Minister thinks fit and specifies in the notice. (5) The Minister may vary or revoke a notice under subsection (1) by a subsequent notice published in the Gazette and in such other manner as the Minister thinks appropriate. (6) A notice published under subsection (5) does not have effect, insofar as it revokes or restricts the right to take water or imposes further conditions on that right, until the expiration of 7 days after its publication in the Gazette. (7) If SA Water has discharged water into a prescribed watercourse, the Minister may authorise SA Water to take water from the watercourse. (8) An authorisation under subsection (7) is subject to such conditions as the Minister thinks fit and may be varied or revoked by the Minister at any time. 106—Activities not requiring a permit (1) Subject to subsection (2) and (3), a permit is not required— (a) to authorise a person to undertake an activity that the person is authorised to undertake by a water management authorisation; or (b) to authorise a person to erect, construct or enlarge contour banks to divert surface water solely for the purpose of preventing or reducing soil erosion but only if— (i) a regional landscape plan, a water allocation plan, a water affecting activities control policy or an approved action plan under Part 7, that includes guidelines, recommendations or directions in relation to the erection or construction of contour banks is in force; and (ii) the contour banks are erected or constructed in accordance with those guidelines, recommendations or directions; or (c) to destroy vegetation growing in a watercourse or lake or on the floodplain of a watercourse pursuant to an obligation under Part 9 or in accordance with consent granted under the Native Vegetation Act 1991; or (d) to undertake an activity that is required to implement an approved action plan under this Act or an order or requirement under Part 10 Division 2; or (e) to undertake an activity that is development for the purposes of the Planning, Development and Infrastructure Act 2016 and that is authorised by a development authorisation under that Act; or (f) to undertake an activity that is required or authorised by— (i) an environment protection policy, an environment protection order, an environmental authorisation or a clean-up order under the Environment Protection Act 1993; or (ii) a protection order, a reparation order or a reparation authorisation under the River Murray Act 2003; or (g) to undertake an activity under an approved property plan under the Pastoral Land Management and Conservation Act 1989; or (h) to undertake an activity under section 43 of the Pastoral Land Management and Conservation Act 1989; or (i) to authorise a person to undertake an activity that the person is authorised to undertake by a licence granted under Part 3 Division 2 of the South Eastern Water Conservation and Drainage Act 1992; or (j) to undertake an activity in circumstances prescribed by the regulations. (2) Subsection (1) does not apply to or in relation to— (a) drilling, plugging, backfilling or sealing a well; or (b) repairing, replacing or altering the casing, lining or screen of a well. (3) If an activity is to be undertaken within the Murray‑Darling Basin— (a) subsection (1)(e) does not apply unless the application for the relevant development authorisation was referred to the Minister to whom the administration of the River Murray Act 2003 is committed under section 122 of the Planning, Development and Infrastructure Act 2016; and (b) in any event, subsection (1) does not apply if the operation of this section is excluded by the regulations. (4) In addition, subsection (1)(e) does not apply in relation to any activity of a class prescribed by the regulations under this subsection. (5) A permit is not required to undertake an activity contemplated by subsection (2) if the well is within the ambit of Schedule 3. 107—Notice to rectify unauthorised activity (1) If a person has— (a) undertaken an activity of a kind referred to in this Subdivision in contravention of— (i) this Subdivision; or (ii) a corresponding previous enactment; or (b) contravened or failed to comply with a condition of a water management authorisation or an authorisation under section 105 or a permit, the relevant authority may serve notice on the owner of the land on which the activity was undertaken directing the owner to take such action as is specified in the notice to rectify the effects of the activity and to take such other action as the relevant authority considers necessary or desirable in the circumstances. (2) If the owner fails to comply with a notice— (a) the person is guilty of an offence; and (b) the relevant authority may enter the land and take the action specified in the notice and such other action as the authority considers appropriate in the circumstances and the authority's costs will be a debt due by the owner to the authority or, if appropriate, the Crown. corresponding previous enactment means— (a) the Local Government Act 1934; or (b) the Natural Resources Management Act 2004; or (c) the Water Resources Act 1990; or (d) the Water Resources Act 1997; (a) where subsection (1)(a) applies—the authority that has the power to grant or refuse a licence, authority or permit in relation to the activity referred to in subsection (1); or (b) where subsection (1)(b) applies in relation to a water management authorisation or a permit—the authority that granted the water management authorisation or permit; or (c) where subsection (1)(b) applies in relation to an authorisation under section 105—the Minister or the Chief Executive. 108—Notice to maintain watercourse or lake (1) The relevant authority may, by notice served on the owner of land on which a watercourse or lake is situated or that adjoins a watercourse or lake, direct the owner to take the action specified in the notice to maintain the watercourse or lake in good condition. (2) A person who fails to comply with a notice under subsection (1) is guilty of an offence. (3) If the owner on whom a notice has been served under this section fails to comply with the notice, the relevant authority may enter the land and take the action specified in the notice and such other action as the authority considers appropriate in the circumstances and the authority's costs will be a debt due by the owner to the authority or, if appropriate, the Crown. (a) the Minister; or (c) the relevant regional landscape board. 109—Restrictions in case of inadequate supply or overuse of water (1) If, in the opinion of the Minister— (a) the rate at which water is taken from a watercourse, lake or well (whether prescribed or not)— (i) is such that the quantity of water available can no longer meet the demand or there is a risk that the available water will not be sufficient to meet future demand; or (ii) is affecting, or is likely to affect, the quality of the water in the watercourse, lake or underground aquifer; or (iii) in the case of water taken from a watercourse or lake—is having a serious effect on another watercourse or lake, or the level of water in an underground aquifer, that depends on water from the watercourse or lake for replenishment; or (b) the rate at which water is taken from a well (whether prescribed or not) is such that the underground aquifer is likely to collapse or suffer any other damage; or (c) the rate at which surface water is taken (whether from a surface water prescribed area or not)— (i) is such that the surface water available can no longer meet the demand; or (ii) is having a serious effect on a watercourse or lake, or the level of water in an underground aquifer, that depends on the surface water for replenishment, the Minister may, by notice published in the Gazette and in such other manner as the Minister thinks appropriate— (d) prohibit or restrict the taking of water from the watercourse, lake or well or the taking of surface water; or (e) limit the quantity of water that may be taken from the watercourse, lake or well, or from any surface water; or (f) direct that dams, reservoirs, embankments, walls or other structures be modified to allow water to pass over, under or through them. (2) When determining the demands on available water under subsection (1), the need for water of the ecosystems that depend on water from the water resource concerned must be taken into account. (3) A notice under subsection (1) has effect on a date specified in the notice. (4) A notice under subsection (1) remains in force for such period (not exceeding 2 years) as is stated in the notice unless it is revoked under subsection (9). (5) If, in the opinion of the Minister, the rate at which, or the manner in which, water is taken from a water resource that has not been prescribed is causing, or is likely to cause, damage to ecosystems that depend on water from the water resource, the Minister may, by notice served on a person taking the water— (a) restrict the rate and the times at which the person may take water; or (b) direct the person to take such action as is specified in the notice to rectify any problem relating to the manner in which water is taken. (6) A notice under subsection (1) or (5)— (a) may require the removal of the means by which water can be taken from the watercourse, lake or well or the means by which surface water can be taken; or (b) may specify conditions subject to which water may be taken from the watercourse, lake or well or surface water may be taken. (7) A person who contravenes or fails to comply with a notice under this section is guilty of an offence. Expiation fee: $400. (8) If the owner or occupier of land fails to comply with a requirement of a notice under subsection (6)(a), the Chief Executive may enter the land and take the action specified in the notice and such other action as the Chief Executive considers appropriate in the circumstances and the Chief Executive's costs will be a debt due by the owner or occupier to the Crown. (9) If a notice has been published under subsection (1), the Minister may vary or revoke the notice by notice published in the Gazette and in such other manner as the Minister thinks appropriate. (10) If the Minister has served notice on a person under subsection (5), the Minister may vary or revoke the notice by subsequent notice served on that person. 110—Specific duty with respect to damage to a watercourse or lake (1) It is the duty of the owner of land on which a watercourse or lake is situated, or that adjoins a watercourse or lake, to take reasonable measures to prevent damage to the bed and banks of the watercourse or the bed, banks or shores of the lake and to the ecosystems that depend on the watercourse or lake. (2) A person who breaches subsection (1) is not, on account of the breach alone, liable to any civil or criminal action, but— (a) compliance with that subsection may be enforced by the issuing of a protection order under Part 10 Division 2 Subdivision 1; and (b) a reparation order or reparation authorisation may be issued under Part 10 Division 2 Subdivision 1; and (c) an order may be made by the ERD Court under Part 10 Division 2 Subdivision 2 in respect of the non-compliance. damage does not include— (a) damage caused in the normal course of an activity authorised by or under this Act; or (b) damage of a minor nature. 111—Minister may direct removal of dam etc (1) The Minister may, on the recommendation of a regional landscape board or on the Minister's own initiative after consultation with the relevant regional landscape board, by notice served on the owner of land, direct the owner to remove or modify a dam, embankment, wall or other obstruction or object that collects water, or diverts or impedes the flow of water, in a watercourse or flowing over any other land and that was lawfully placed in or near the watercourse or on the land before the prescribed date. (2) Compensation is payable under section 226 in relation to the removal of a dam, embankment, wall or other obstruction or object by the owner in compliance with a notice under subsection (1). (3) If the owner on whom a notice has been served under this section fails to comply with the notice, the Minister may enter the land and take the action specified in the notice and such other action as the Minister considers appropriate in the circumstances. Subdivision 4—Permits 112—Permits (1) An application for a permit must be in a form approved by the relevant authority and must, if a fee has been prescribed by regulation in relation to the application, be accompanied by the fee. (2) The applicant must provide the relevant authority with such information as the authority reasonably requires to consider the application. (3) A relevant authority must— (a) take into account the provisions of any relevant water allocation plan or water affecting activities control policy when considering an application for a permit; and (b) ensure that the permit, if granted, and any conditions of the permit, are not inconsistent with the provisions of a plan or policy under paragraph (a). (4) A relevant authority must not grant a permit contrary to a notice for the time being in force under section 109. (5) Subject to its terms, a permit is binding on and operates for the benefit of the applicant and the owner and occupier of the land to which it relates when it is granted and all subsequent owners and occupiers of the land. (6) A permit is subject to such conditions as are prescribed by this Act or by the regulations, or are specified in the permit by the relevant authority. (7) Depending on its nature, a condition may remain in force after the activity authorised by the permit has been completed. (8) It is a condition of a permit to drill, plug, backfill or seal a well or to repair, replace or alter the casing, lining or screen of a well that the work be undertaken by a person who is a licensed well driller or is supervised in carrying out the work by a licensed well driller. (9) If the relevant authority is satisfied that the holder of a permit or a person acting on behalf of the holder of a permit has contravened or failed to comply with a condition of the permit, the authority may, by notice served on the holder of the permit, vary, suspend or revoke the permit. (10) If a water allocation plan or water affecting activities control policy has been varied, a relevant authority may vary a permit granted by it so that the permit is not inconsistent with the plan or policy. (11) If it is not possible or practicable to vary a permit under subsection (10) so that the permit is not inconsistent with a water allocation plan or water affecting activities control policy, the relevant authority may revoke the permit. (12) If the rising level of underground water is— (a) damaging soil, rock or other structures; or (b) damaging ecosystems; or (c) affecting the natural drainage of surface water, the relevant authority may revoke a permit to drain or discharge water directly or indirectly into a well that provides access to that underground water. (13) In any other case, the relevant authority may vary, suspend or revoke a permit with the consent of the holder of the permit. (14) The variation or revocation of a permit under this section will be effected by the relevant authority serving notice of the variation or revocation on the holder of the permit. (15) The holder of a permit may appeal to the ERD Court against the variation or revocation of the permit under this section. (16) A relevant authority that has granted a permit to undertake an activity and a person employed by, or who acted on behalf of, the authority in granting the permit is not liable for any injury, loss or damage caused by, or resulting from— (a) the manner in which the activity is carried out; and (b) in the case of the erection, construction or enlargement of a dam, wall, building or other structure—the design of the dam, wall, building or other structure or the materials used for its erection, construction or enlargement. (17) In this section— relevant authority in relation to a permit means the authority that is for the time being the relevant authority under section 103 for the purpose of granting or refusing an application for a permit of that kind. 113—Requirement for notice of certain applications (1) This section applies to an application for a permit if a water allocation plan or water affecting activities control policy provides that this section applies to the application. (2) Notice of an application to which this section applies must be given by the relevant authority to whom the application has been made in accordance with the regulations to— (a) those persons specified in the plan or policy (as the case may be); and (b) those persons (if any) prescribed by the regulations; and (c) the public generally. (3) If notice of an application has been given under this section, a person who desires to do so may, in accordance with the regulations, make representations in writing to the relevant authority in relation to the granting or refusal of the permit. (4) The relevant authority must forward to the applicant a copy of the representations (if any) made and allow the applicant an opportunity to respond, in writing, to those representations. (5) The response referred to in subsection (4) must be made within the number of days prescribed by the regulations after the relevant material is forwarded to the applicant. (6) The relevant authority must allow a person who made a representation and who, as part of that representation, indicated an interest in appearing before the authority, a reasonable opportunity to appear personally or by representative before it to be heard in support of the representation. (7) If a person appears before the relevant authority under subsection (6), the relevant authority must also allow the applicant a reasonable opportunity, on request, to appear personally or by representative before it in order to respond to any relevant matter. (8) If representations have been made under this section, the relevant authority must— (a) give to each person who made a representation notice of its decision on the application and of the date of the decision and of the person's appeal rights under this Act; and (b) give notice to the ERD Court— (i) of its decision on the application and of the date of the decision; and (ii) of the names and addresses of persons who made representations to the relevant authority under this section. (9) A notice under subsection (8) must be given within 5 business days from the date of the relevant authority's decision on the application. (10) A person who is entitled to be given notice of the decision under subsection (8) may, within 15 business days after the date on which the notice was given to the person, appeal to the ERD Court against the decision. (11) If an appeal is lodged, the applicant for the permit must be notified by the ERD Court of the appeal and will be a party to the appeal. (12) A decision of a relevant authority in respect of which representations have been made under this section does not operate— (a) until the time within which any person who made any such representation may appeal against a decision to grant the permit has expired; or (b) if an appeal is commenced— (i) until the appeal is dismissed, struck out or withdrawn; or (ii) until the questions raised by the appeal have been finally determined (other than any question as to costs). (13) The relevant authority must make written representations made under this section in relation to an application for a permit, and the written response of the applicant (if any), available for inspection (without charge) and purchase by members of the public (and must not charge more than the fee prescribed by the regulations in so doing). 114—Refusal of permit to drill well Without limiting the grounds on which an application to drill a well may be refused, a relevant authority may refuse such a permit if, in the opinion of the authority, the underground water to which the well would give access is so contaminated that its use would create a risk to the health of people or animals. Subdivision 5—Provisions relating to wells 115—Well drillers' licences (1) The Chief Executive may grant a well driller's licence to a natural person who— (a) is of or over the age of 18 years; and (b) holds qualifications (if any) prescribed by regulation; and (c) is, in the Chief Executive's opinion, a fit and proper person to hold such a licence. (2) An application for a licence must be in a form approved by the Minister and must be accompanied by the fee prescribed by the regulations. (3) A licence must specify the term of the licence and is subject to such conditions prescribed from time to time by the regulations and to such further conditions specified in the licence by the Chief Executive. (4) If the holder of a well driller's licence contravenes or fails to comply with a condition of the licence— (a) the Chief Executive may cancel or suspend the licence, or vary a condition of the licence; and (b) the holder of the licence is guilty of an offence. Maximum penalty: $35 000. (5) The Chief Executive may cancel a well driller's licence if the Chief Executive is satisfied that the holder of the licence is no longer a fit and proper person to hold such a licence. (6) The holder of a well driller's licence or the former holder of a licence may appeal to the ERD Court against a decision of the Chief Executive under subsection (4)(a) or (5) on the ground that the decision was harsh or unreasonable. (7) The Chief Executive may vary a well driller's licence on the application of the holder of the licence. 116—Renewal of licence (1) A well driller's licence may be renewed from time to time. (2) An application for renewal of a licence must be in a form approved by the Minister and must be accompanied by the fee prescribed by the regulations. 117—Non-application of certain provisions (1) A provision of this Subdivision does not apply to, or in relation to, a well of a class declared by proclamation to be excluded from the operation of that provision. (2) A proclamation under subsection (1) may be varied or revoked by subsequent proclamation. 118—Defences It is a defence to prosecution for the offence of drilling, plugging, backfilling or sealing a well or repairing, replacing or altering the casing, lining or screen of a well without being authorised to do so by a permit or without using the services of a licensed well driller or a person supervised by a licensed well driller— (a) to prove that the well is of a class specified by or under Schedule 3; or (b) to prove that the person who carried out the work was the owner of the land on which the well is situated or was the employee or sharefarmer of the owner of that land and that— (i) the well gives access to underground water the surface of which is at atmospheric pressure and the total dissolved salts of which exceed 1 800 milligrams per litre; and (ii) the work was carried out solely for the purposes of maintenance and did not involve— (A) substantial alteration to the casing, lining or screen of the well or the replacement of the casing, lining or screen with a casing, lining or screen of substantially different design or specifications; or (B) a substantial repositioning of the casing, lining or screen; or (C) deepening the well by more than 1.5 metres; or (c) to prove that— (i) the work comprising the alleged offence was carried out to prevent or reduce pollution of water in the well and that in the circumstances it was unreasonable to expect the defendant— (A) to have obtained a permit; or (B) to have obtained the services of a licensed well driller; and (ii) the work was carried out in accordance with the regulations (if any); and (iii) the Chief Executive was given written notice of the work as soon as practicable after it was completed; or (d) to prove that— (i) the work comprising the alleged offence was carried out pursuant to a permit issued by the relevant authority; and (ii) the work comprising the alleged offence was carried out by or under the supervision of the owner of the land on which the well is situated; and (iii) at the time of the alleged offence the well was not more than 15 metres in depth (or such other depth as may be prescribed by regulation); and (iv) the work was carried out in accordance with the regulations (if any). 119—Obligation to maintain well (1) Subject to subsection (2), the occupier of land on which a well is situated must ensure that the well (including the casing, lining, and screen of the well and the mechanism (if any) used to cap the well) are properly maintained. (a) where the offender is a body corporate—$40 000; (b) where the offender is a natural person—$20 000. (2) It is a defence to prosecution for an offence against subsection (1) to prove that— (a) the defendant could not lawfully carry out the necessary maintenance work without a permit granted under Subdivision 4; and (b) the defendant had applied for the required permit within a reasonable time but the relevant authority had refused or failed to grant it. 120—Requirement for remedial or other work (1) If the Chief Executive is satisfied that the water of a well is likely to be degraded or wasted because— (a) of a defect in the well, or in the casing, lining or screen of the well; or (b) the well or the casing, lining or screen is in need of maintenance; or (c) there is no mechanism for capping the well or the mechanism for capping the well is inadequate or in need of maintenance, the Chief Executive may, by notice served on the owner or occupier of the land on which the well is situated, direct that the work or other action specified in the notice be carried out or taken to remedy the problem. (2) If the Chief Executive is satisfied— (i) that there is a defect in a well, or in the casing, lining or screen of a well; or (ii) that a well, or the casing, lining or screen of a well, is in need of extensive maintenance; or (iii) that the drawing of water from a well has caused, or would be likely to cause, damage to a water resource; or (iv) that a well has been constructed in contravention of this Act, or has been used in connection with a contravention of this Act; and (b) that it is reasonable in the circumstances to act under this subsection, the Chief Executive may, by notice served on the owner or occupier of the land on which the well is situated, direct that the well be plugged, backfilled or sealed. (3) If, in the Chief Executive's opinion, a defect in a well resulted from work carried out by a licensed well driller, the Chief Executive may, in addition to or instead of serving notice on the owner or occupier of the land, serve notice under subsection (1) or subsection (2) on the well driller (but the notice must not be served later than 6 months after the work was carried out). (4) A well driller on whom a notice is served is entitled to enter the land on which the well is situated in order to comply with the notice. (5) A person who fails to comply with a notice is guilty of an offence. (a) where the offender is a body corporate—$40 000; (b) where the offender is a natural person—$20 000. (6) If a person on whom a notice has been served fails to comply with the notice the Chief Executive may enter the land on which the well is situated and carry out the necessary work or take the necessary action and any other work or action that the Chief Executive considers appropriate in the circumstances and the Chief Executive's costs will be a debt due by the person to the Crown. Division 3—Licensing and associated rights and entitlements Subdivision 1—Water licences 121—Nature of water licences (1) The Minister may grant a licence (a water licence) in respect of a prescribed watercourse, lake or well or in respect of the surface water in a surface water prescribed area or part of a surface water prescribed area. (2) A water licence provides an entitlement to the holder of the licence to gain access to a share of water available in the consumptive pool or consumptive pools to which the licence relates, as specified by the licence and after taking into account any factors specified by the relevant water allocation plan or prescribed by the regulations (and this entitlement will be called a water access entitlement). (3) A water access entitlement is subject to— (a) a determination of the Minister under subsection (4); and (b) any other provision of this Act that operates with respect to the licence or the water access entitlement; and (c) the conditions attached to the licence. (4) The Minister will from time to time, by notice in the Gazette, determine the volume of water that is to be made available from a consumptive pool for allocation under this Act during a period specified by the Minister. (5) The Minister may, by further notice in the Gazette, vary a determination under subsection (4). (6) 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). (7) A water licence 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. 122—Water licences—applications and matters to be considered (1) An application for a water licence must be in a form approved by the Minister and must— (a) specify the water resource in relation to which the licence is being sought; and (2) The Minister may, if the Minister thinks fit, issue licences with respect to a particular water resource, or a particular part of a water resource, on the basis of applications submitted to the Minister under procedures determined by the Minister as being appropriate in the relevant circumstances (including procedures that require applications to be submitted as tenders or furnished as part of an auction process). (3) The Minister may refuse to grant a water licence— (i) it would be contrary to the provisions of the relevant water allocation plan to grant a water access entitlement under the terms of the licence that is being sought; or (ii) a water access entitlement under the terms of the licence that is being sought would relate to water that is so contaminated that its use would create a risk to the health of people or animals; or (b) if the application has not been successful under the terms of any procedure established under subsection (2); or (c) to a person, or to the associate of a person, who formerly held a water management authorisation that was cancelled under this Act; or (d) to a person who has acted in contravention of this Act; or (e) on any ground prescribed by the regulations; or (f) on any other reasonable ground. (4) In addition, the Minister's decision on the grant of a water licence must— (a) be made in the public interest; and (5) The Minister may, if the licence is being issued under procedures that require the payment of a fee or purchase price with respect to the licence, require the relevant payment before granting a water licence. relevant water allocation plan means the water allocation plan that relates to the water resource in relation to which the licence is sought and includes the water allocation plan of another water resource (if any) that includes provisions relating to the taking, or the taking and use, of water from the firstmentioned water resource. 123—Issuing of water licences A water licence— (a) must specify, in such manner as the Minister thinks fit, the water resource to which it relates; and (b) must specify the basis on which the water access entitlement is to apply; and (c) is subject to the conditions— (ii) endorsed on the licence by the Minister; and (d) takes effect from the time of registration in The Water Register; and (e) remains in force until the licence— (i) is terminated by or under this Act; or (ii) if relevant, expires under the terms of the licence. 124—Variation of water licences (1) A water licence may be varied by the Minister— (a) at any time on the application of, or with the consent of, the licensee; or (b) if the licence provides for intervals at which the conditions of the licence may be varied—at those intervals if, in the opinion of the Minister, the variation is necessary or desirable to more effectively regulate the use of water from the resource in accordance with the relevant water allocation plan and this Act; or (c) at any time if there has been an alteration to the water allocation plan for the water resource to which the licence relates and the variation is necessary, in the opinion of the Minister, to prevent the licence from being inconsistent (as to the basis on which the water access entitlement is determined) or seriously at variance (as to the licence conditions) with the plan; or (d) at any time if the variation is to impose or vary a condition of a licence that relates to a water resource within the Murray‑Darling Basin and the Minister is of the opinion that the variation is appropriate or desirable to prevent, reduce or address damage to the River Murray; or (b) if a person is recorded on The Water Register as having an interest in the water licence (other than as a licensee), be made with the written consent of that person; and (c) be accompanied by the fee prescribed by the regulations. (3) The Minister's decision on the variation of a water licence— (a) must— (i) as to the water access entitlement—be consistent with the relevant water allocation plan; and (ii) as to the conditions attached to the licence—not be seriously at variance with the relevant water allocation plan, and, for the purposes of this paragraph, the relevant water allocation plan includes the water allocation plan of another water resource (if any) that includes provisions relating to the taking, or the taking and use, of water from the water resource in relation to which the licence was granted; and (c) must be consistent with requirements (if any) prescribed by regulation under this paragraph (which regulation may prescribe circumstances where an application for a variation must be refused). (4) A licensee may appeal to the ERD Court against— (a) a decision to refuse to grant an application to vary the licensee's licence under subsection (1)(a); or (b) the variation of the licensee's licence under subsection (1)(b), (c) or (d). (5) However, if the licence relates to a water resource within the Murray‑Darling Basin then no right of appeal will arise under subsection (4) if the regulations so provide. (6) The Minister is not required to conduct a hearing or to give notice to a third party before varying a water licence under this section. (7) The Minister must, after making a variation, give notice of the variation to a person with a prescribed interest in the licence in accordance with the regulations. 125—Transfer of water licences (1) Subject to this Act and the relevant water allocation plan, the holder of a water licence may— (a) transfer the licence to another person; or (b) transfer a water access entitlement, or part of a water access entitlement, under the licence to another person. (2) In the case of a transfer under subsection (1)(b), the transfer must be— (a) to the holder of another licence (including a licence created to receive the transfer), or to the Minister; or (b) to any other person or the Minister under an Interstate Water Entitlements Transfer Scheme. (3) A transfer may be absolute or for a limited period. (4) A transfer requires the approval of the Minister. (5) An application to the Minister for the Minister's approval must— (6) The Minister may refuse to grant approval for a transfer under this section to a person on the same grounds as those on which the Minister would refuse to grant an application by that person for a licence. (7) The Minister may refuse to grant approval for a transfer under this section— (a) if the licensee is in breach of a condition of the licence; or (b) unless or until any water levy that has been imposed in relation to the licence has been paid. (8) In addition, the Minister's decision to grant or refuse approval for the transfer of a licence— (a) must be consistent with the relevant water allocation plan (and for the purposes of this paragraph the relevant water allocation plan includes the water allocation plan of another water resource (if any) that includes provisions relating to the taking, or the taking and use, of water from the water resource in relation to which the licence was granted); and (c) 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). (9) Subsection (8)(a) operates subject to the terms or requirements of an Interstate Water Entitlements Transfer Scheme. (10) If a person is recorded on The Water Register as having an interest in a water licence (other than as a licensee), the Minister must not grant approval for a transfer under this section without the written consent of that person. (11) The Minister may, when granting an application for a transfer under this section— (a) vary the water access entitlement under the licence (including as to the basis on which the water access entitlement is determined); (b) vary any condition of the licence to ensure consistency with the relevant water allocation plan; (c) if relevant, take any other action required or permitted under an Interstate Water Entitlements Transfer Scheme; (d) require a reduction in the size of a dam, or require other work to be undertaken with respect to a dam, wall or structure, to match the effect of the transfer. (12) As an example but without limiting subsection (11), if, following a transfer, the water will not be taken from the same part of the water resource as before, the Minister may exercise the Minister's powers under subsection (11)— (a) to ensure that the demand for water from the part of the water resource from which the water will be taken in future does not prejudice other licensees by exceeding the availability of water in that part of the water resource; or (b) to reflect the loss to the water resource of part of the water represented by the transfer by reason of evaporation or any other cause as the water flows to the part of the resource from which it will be taken in future. (13) A person who holds a water licence that is subject to the operation of subsection (11)(d) must comply with that requirement within a period specified by the Minister. (14) A transfer is subject to the operation of Schedule 4 clause 7. (15) A water licence or part of a water access entitlement that has been transferred for a limited period reverts automatically to the transferor when the period expires (and the Minister may then take such action as the Minister thinks fit, including to cancel any licence that is no longer required). (16) Despite the provisions of the Stamp Duties Act 1923, the transfer of a water licence or part of a water access entitlement is not chargeable with duty under that Act. 126—Surrender of water licences (1) Subject to subsection (2), a licensee may surrender the licensee's water licence at any time. (2) If a person is recorded on The Water Register as having an interest in the water licence (other than as a licensee), a water licence cannot be surrendered without the written consent of that person. Subdivision 2—Allocation of water 127—Allocation of water (1) A water allocation may be obtained— (a) on account of a water access entitlement under a water licence; or (b) as a carry‑over under subsection (8)(a) or (b); or (c) under an Interstate Water Entitlements Transfer Scheme; or (d) from the holder of a forest water licence (subject to any conversion or adjustment under the provisions of any relevant water allocation plan). (2) In a case where subsection (1)(a) applies, the water allocation may be obtained— (a) by the holder of the relevant water licence, on the basis that the water allocation is being granted by the Minister under the terms of the water licence; or (b) by a person, whether or not the person is the holder of a water licence, on the basis of a transfer of a water allocation that has been provided by the Minister under the terms of a water licence. (3) In a case where subsection (1)(b) applies, the water allocation that is carried over will be subject to such adjustments (including a reduction) as the Minister may determine for the purposes of this section. (4) In a case where subsection (1)(c) applies, the Minister will issue a water allocation that is to take effect for the purposes of this Act. (5) A water allocation will relate to a specified water resource (or part of a water resource)— (a) endorsed on the relevant instrument under the terms of the water licence to which the allocation is attributable (as determined under the water access entitlement); or (b) determined under the terms of the relevant Interstate Water Entitlements Transfer Scheme. (6) A water allocation is subject to— (a) any other provision of this Act that operates with respect to the water allocation; and (b) the conditions attached to the water allocation. (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) A water allocation will initially relate to a specified period (not exceeding 12 months) and if water is not taken under the terms of the allocation during that period the allocation may be carried over if— (a) to do so is authorised by the relevant water allocation plan; or (b) a carry‑over is allowed by the Minister (either by determination of the Minister in a particular case or cases or under a policy established by the Minister for the purposes of this section by notice in the Gazette), but otherwise the water allocation will expire at the end of the period. (9) To avoid doubt, subsection (8) extends to a water allocation converted from a water allocation attached to a forest water licence under Division 6 to a water allocation within the operation of this section. 128—Issuing of water allocation (1) A water allocation granted or issued by the Minister— (a) must be consistent with the relevant water access entitlement or IWETS (as the case requires) in relation to the volume of water granted; and (b) must be consistent with the provisions of the relevant water allocation plan; and (c) is subject to the conditions— (ii) endorsed on a relevant water licence or on the water allocation itself by the Minister. (2) Without limiting any other provision, a water allocation may— (a) comprise 1 or more components that expire on a future date; (b) restrict the purpose for which any component or volume of water may be used. relevant water allocation plan means the water allocation plan that relates to the water resource in relation to which the water allocation applies and includes the water allocation plan of another water resource (if any) that includes provisions relating to the taking, or the taking and use, of water from the firstmentioned water resource. 129—Water allocations—matters to be considered (1) The Minister may determine not to grant or issue a water allocation— (i) it would be contrary to the provisions of the relevant water allocation plan to grant or issue the water allocation; or (ii) the water allocation would relate to water that is so contaminated that its use would create a risk to the health of people or animals; or (b) to a person, or to the associate of a person, who formerly held a water management authorisation that was cancelled under this Act; or relevant water allocation plan means the water allocation plan that relates to the water resource in relation to which the water allocation applies and includes the water allocation plan of another water resource (if any) that includes provisions relating to the taking, or the taking and use, of water from the firstmentioned water resource. 130—Reduction of water allocation (1) The Minister may reduce the water allocations that apply in relation to a particular water resource if in the opinion of the Minister it is necessary or desirable to do so— (a) to prevent a reduction, or further reduction, in the quality of the water in the resource or in a water resource that is affected by the taking of water from the firstmentioned resource; or (b) to prevent damage, or further damage, to an ecosystem that depends on that water or on the water from a resource that is affected by the taking of water from the firstmentioned resource; or (c) because there is insufficient water to meet the existing demand or expected future demand for water from that resource or from a water resource that is affected by the taking of water from the firstmentioned resource; or (d) because there has been, or is to be, a reduction in the quantity of water available— (i) under or by virtue of the Groundwater (Border Agreement) Act 1985; or (ii) on account of the operation of the Murray‑Darling Basin Agreement, the operation or effect of a resolution of the Ministerial Council under that agreement, or the operation or effect of the Basin Plan under the Water Act 2007 of the Commonwealth. (2) Subject to regulations made under subsection (3), the Minister must, in acting under this section, reduce the allocation of all water allocations that apply in relation to a particular water resource proportionately. (3) Instead of the allocations being reduced proportionately, they may be reduced pursuant to a scheme set out in regulations made by the Governor on the recommendation of the Minister. (4) The reduction of a water allocation under this section comes into operation at the expiration of 14 days after notice of the reduction is served by the Minister in accordance with the regulations. (5) Before making a recommendation to the Governor for the purposes of subsection (3), the Minister must— (a) consult the relevant regional landscape board; and (b) cause to be published, in the Gazette and in such other manner as the Minister thinks appropriate, a notice outlining the proposed recommendation, stating the reasons for it and inviting interested persons to make written submissions to the Minister in relation to the proposal within a period (being at least 3 months) specified in the notice (and then have regard to all submissions made in accordance with the notice); and (c) have regard to the views of the regional landscape board and all submissions made in accordance with the notice. (6) The Minister may, in taking action under this section, make corresponding variations to water access entitlements and delivery capacity entitlements that relate to relevant water allocations reduced under this section. (7) Nothing in this section limits or affects the operation of section 131. 131—Variation of water allocations (1) A water allocation may be varied by the Minister— (a) at any time on the application of, or with the consent of, the holder of the water allocation; or (b) if the water allocation provides for intervals at which the conditions of the water allocation may be varied—at those intervals if, in the opinion of the Minister, the variation is necessary or desirable to more effectively regulate the use of water from the resource in accordance with the relevant water allocation plan and this Act; or (c) at any time if there has been an alteration to the water allocation plan for the water resource to which the water allocation relates and the variation is necessary, in the opinion of the Minister, to prevent the water allocation from being inconsistent (as to the basis on which the water allocation is determined) or seriously at variance (as to the conditions of the water allocation) with the plan; or (d) at any time if the variation is to impose or vary a condition of a water allocation that relates to a water resource within the Murray‑Darling Basin and the Minister is of the opinion that the variation is appropriate or desirable to prevent, reduce or address damage to the River Murray; or (f) under a scheme established under section 156; or (g) if the Minister is authorised to do so by the regulations. (3) The Minister's decision on the variation of a water allocation— (a) must— (i) be consistent with the relevant water allocation plan; and (ii) if the variation relates to conditions attached to the water allocation—not be seriously at variance with the relevant water allocation plan, and for the purposes of this paragraph the relevant water allocation plan includes the water allocation plan of another water resource (if any) that includes provisions relating to the taking, or the taking and use, of water from the water resource in relation to which the water allocation was granted; and (c) must be consistent with requirements (if any) prescribed by regulation under this paragraph (which regulation may prescribe circumstances where an application for a variation must be refused). (4) The holder of a water allocation may appeal to the ERD Court against— (a) a decision to refuse to grant an application to vary the water allocation under subsection (1)(a); or (b) the variation of the water allocation under subsection (1)(b), (c) or (d). (5) However, if the water allocation relates to a water resource within the Murray‑Darling Basin then no right of appeal will arise under subsection (4) if the regulations so provide. (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. (7) Nothing in this section limits or affects the operation of section 130. 132—Transfer of water allocations (1) Subject to this Act and the relevant water allocation plan, the holder of a water allocation may transfer the water allocation to another person. (2) A transfer requires the approval of the Minister. (3) An application to the Minister for the Minister's approval must— (4) The Minister may refuse to grant approval for the transfer of a water allocation— (a) if the holder of the water allocation is in breach of a condition of the water allocation; or (b) unless or until any water levy that has been imposed in relation to the relevant water licence has been paid. (5) 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 for the purposes of this paragraph the relevant water allocation plan includes the water allocation plan of another water resource (if any) that includes provisions relating to the taking, or the taking and use, of water from the water resource in relation to which the water allocation was granted); and (c) 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). (6) The Minister may, when granting an application for the transfer of a water allocation— (a) vary the basis on which the water allocation is determined; (b) reduce the water allocation; (c) vary any condition of the water allocation to ensure consistency with the relevant water allocation plan. (7) As an example but without limiting paragraph (b), if, following the transfer of a water allocation, the water will not be taken from the same part of the water resource as before, the Minister may exercise the Minister's powers under subsection (6)— (a) to ensure that the demand for water from the part of the water resource from which the water will be taken in future does not prejudice other holders of water allocations by exceeding the availability of water in that part of the water resource; or (b) to reflect the loss to the water resource of part of the water represented by the transferred water allocation by reason of evaporation or any other cause as the water flows to the part of the resource from which it will be taken in future. (8) Despite the provisions of the Stamp Duties Act 1923, the transfer of a water allocation is not chargeable with duty under that Act. 133—Surrender of water allocations The holder of a water allocation may surrender the water allocation at any time. Subdivision 3—Water resource works approvals 134—Water resource works approvals—applications and matters to be considered (1) An application for a water resource works approval must be in a form approved by the Minister and must— (i) the water resource in relation to which the approval is being sought; and (ii) the nature and extent of the works for which the approval is being sought; and (iii) the place where the works will be located; and (2) The Minister may, after receiving an application, request the applicant to provide such additional information or material as the Minister thinks fit in order to assess the application. (3) The Minister may refuse to grant an approval— (i) it would be contrary to the provisions of the relevant water allocation plan to grant the approval; or (ii) the proposed works are inappropriate after taking into account any matter prescribed by the regulations, or such other matters as the Minister thinks fit; or (b) to a person, or to the associate of a person, who formerly held a water management authorisation that was cancelled under this Act; or (4) In addition, the Minister's decision on the grant of an approval must— (a) take into account any relevant environmental, social or economic impacts associated with the construction or use of the relevant works; and 135—Issuing of approvals (1) A water resource works approval— (a) must specify, in such manner as the Minister thinks fit— (i) the site where the works are authorised to be located; and (ii) the nature and extent of the works that are authorised; and (b) may specify a maximum volume of water that may be taken, collected, diverted or extracted under the approval; and (c) is subject to conditions— (d) may be classified in connection with a management zone or zones specified in the relevant water allocation plan. (2) A water resource works approval may relate to more than 1 form of works (including different forms of works). (3) In connection with subsection (1)(b)— (a) a maximum volume of water may apply to more than 1 works (and different maximums may apply in relation to different works); and (b) a water resource works approval may specify a maximum volume that will apply— (i) for a specified time; or (ii) until a specified day; or (iii) from time to time according to circumstances, or for periods, specified in the water resource works approval; or (iv) indefinitely (subject to any variation made by the Minister); or (v) on some other basis specified in the water resource works approval. (4) Without limiting the operation of subsection (1)(c), a condition of a water resource works approval that relates to a water resource within the Murray‑Darling Basin may include— (a) a requirement that a person who has the benefit of the approval enter into or maintain a bond in such sum and subject to such terms and conditions specified by the Minister, or enter into some other arrangement specified by the Minister (which may include the payment of a sum or sums of money into an account specified by the Minister), to ensure that money is available to address the costs of any damage to the River Murray (being the costs of any such damage within the meaning of section 3(5) of the River Murray Act 2003) that may be attributable to the taking or use of water from the resource; (b) a requirement that a person who has the benefit of the approval— (i) develop to the satisfaction of the Minister an environment improvement program containing requirements specified by the Minister, and then comply with the requirements of that program to the satisfaction of the Minister; or (ii) participate in a specified environment improvement program (including a program that applies with respect to any part of the River Murray); (c) a requirement that a person who has the benefit of the approval participate in any other form of scheme to protect, restore or otherwise benefit the River Murray specified by the Minister (including a scheme established by the Minister or any other person or body that has effect in relation to any part of the River Murray and including by payment of a sum or sums of money into an account established or used for the purposes of the scheme). (5) A condition of a kind referred to in subsection (4) may also be imposed with respect to damage to the River Murray occurring before the imposition of the condition. 136—Variation of approvals (1) A water resource works approval may be varied by the Minister— (a) at any time on the application of, or with the consent of, the holder of the approval; or (b) if the approval provides for intervals at which the conditions of the approval may be varied—at those intervals if, in the opinion of the Minister, the variation is necessary or desirable to more effectively regulate the taking of water from the resource in accordance with the relevant water allocation plan and this Act; or (c) at any time if there has been an alteration to the water allocation plan for the water resource to which the approval relates and the variation is necessary, in the opinion of the Minister, to prevent the approval from being seriously at variance with the plan; or (d) at any time if the variation is to impose or vary a condition of an approval that relates to a water resource within the Murray‑Darling Basin and the Minister is of the opinion that the variation is appropriate or desirable to prevent, reduce or address damage to the River Murray; or (e) at any time if the variation is necessary, in the opinion of the Minister, to provide consistency with action taken with respect to the variation or transfer of a water licence or water allocation that is relevant to the water resource works approval; or (3) For the purposes of subsection (1)(e), a water resource works approval is relevant to a water licence or water allocation if the works approved under the approval are used or may be used to take water under the licence or water allocation that is being varied or transferred. (4) The Minister's decision on the variation of an approval— (c) must be consistent with requirements (if any) prescribed by regulation under this paragraph (which regulation may prescribe circumstances where an application for a variation must be refused). (5) A person who holds a water resource works approval may appeal to the ERD Court against— (a) a decision to refuse to grant an application to vary the approval under subsection (1)(a); or (b) the variation of the person's water resource works approval under subsection (1)(b), (c) or (d). (6) However, if the approval relates to a water resource within the Murray‑Darling Basin then no right of appeal will arise under subsection (5) if the regulations so provide. (7) The Minister is not required to conduct a hearing or to give notice to a third party before varying a water resource works approval under this section. (8) However, the Minister must, after making a variation, give notice of the variation to a person with a prescribed interest in the relevant land in accordance with the regulations. (9) Without limiting a preceding subsection, a water resource works approval may be varied— (a) by operation of the provisions of the relevant water allocation plan, and the variation will take effect by force of this subsection; or (b) by the Minister acting in a circumstance specified by the water allocation plan under section 53(8). 137—Notice provisions If an application for a water resource works approval or the variation of a water resource works approval falls within a class specified by the relevant water allocation plan for the purposes of this section— (a) notice of the application must be given by the Minister, in accordance with the regulations, to— (i) those persons specified in the plan; and (ii) those persons (if any) prescribed by the regulations; and (iii) the public generally; and (b) if notice of an application has been given under this section, any person who desires to do so may, in accordance with the regulations, make representations in writing to the Minister in relation to the granting or refusal of the application; and (c) the Minister must forward to the applicant a copy of the representations (if any) made and allow the applicant an opportunity to respond, in writing, to those representations; and (d) the response referred to in paragraph (c) must be made within the number of days prescribed by the regulations after the relevant material is forwarded to the applicant; and (e) the Minister must allow a person who made a representation and who, as part of that representation, indicated an interest in appearing before the Minister, a reasonable opportunity to appear personally or by representative before the Minister to be heard in support of the representation; and (f) if a person appears before the Minister under paragraph (e), the Minister must also allow the applicant a reasonable opportunity, on request, to appear personally or by representative in order to respond to any relevant matter; and (g) if representations have been made under this subsection, the Minister must, within the period prescribed by the regulations— (i) give to each person who made a representation notice of the Minister's decision on the application and of the date of the decision and of the person's appeal rights under this Act; and (ii) give notice to the ERD Court— (A) of the Minister's decision on the application and of the date of the decision; and (B) of the names and addresses of persons who made representations to the Minister under this section; and (h) a person who is entitled to be given notice of the decision under paragraph (g) may, within 15 business days after the date on which the notice was given to the person, appeal to the ERD Court against the decision; and (i) if an appeal is lodged by a person who is entitled to be given notice of the decision under paragraph (g), the applicant for the water resource works approval or variation (as the case may be) must be notified by the ERD Court of the appeal and will be a party to the appeal; and (j) a decision of the Minister in respect of which representations have been made under this section does not operate— (i) until the time within which any person who made any such representation may appeal against a decision to grant the application has expired; or (ii) if an appeal is commenced— (A) until the appeal is dismissed, struck out or withdrawn; or (B) until the questions raised by the appeal have been finally determined (other than any question as to costs). 138—Cancellation if works not constructed or used (1) The Minister may, in accordance with a scheme prescribed by the regulations, cancel a water resource works approval if works within the ambit of the approval are not, over a period prescribed by the regulations— (a) constructed, or substantially completed; or (b) used, or used to any significant degree. (2) The holder of a water resource works approval may appeal to the ERD Court against a decision under subsection (1). (3) However, if the approval relates to a water resource within the Murray‑Darling Basin then no right of appeal will arise under subsection (2) if the regulations so provide. 139—Nature of approval A water resource works approval applies to the site to which the approval relates and is attached to the land constituting that site. 140—Expiry A water resource works approval will expire according to its terms if the provisions of the approval so provide. Subdivision 4—Site use approval 141—Site use approvals—applications and matters to be considered (1) An application for a site use approval must be in a form approved by the Minister and must— (i) the purpose or purposes for which the water is proposed to be used; and (ii) the place at which the water is proposed to be used; and (iii) prescribed information about the proposed extent, manner and rate of use of the water; and (2) The Minister may, after receiving an application, request the applicant to provide such additional information or material as the Minister thinks fit in order to assess the application. (3) The Minister may refuse to grant an approval— (i) it would be contrary to the provisions of the relevant water allocation plan to grant the approval; or (ii) the use of the water under the terms of the application would have an unreasonable impact on a water resource or other form of natural resource; or (b) to a person, or to the associate of a person, who formerly held a water management authorisation that was cancelled under this Act; or (4) In addition, the Minister's decision on the grant of an approval must be consistent with requirements (if any) prescribed by the regulations. 142—Issuing of approvals (1) A site use approval— (a) must specify, in such manner as the Minister thinks fit— (i) the place where the use is allowed; and (ii) the manner and use of water authorised by the approval; and (b) may specify the maximum volume of water that may be used at the place under paragraph (a) under the approval; and (c) is subject to conditions— (d) may be classified in connection with a management zone specified in the relevant water allocation plan. (2) In connection with subsection (1)(b), a site use approval may specify a maximum volume of water that will apply— (a) for a specified time; or (b) until a specified day; or (c) from time to time according to circumstances, or for periods, specified in the site use approval; or (d) indefinitely (subject to any variation made by the Minister); or (e) on some other basis specified in the site use approval. (3) Without limiting the operation of subsection (1)(c), a condition of a site use approval that relates to a water resource within the Murray‑Darling Basin may include— (a) a requirement that a person who has the benefit of the approval enter into or maintain a bond in such sum and subject to such terms and conditions specified by the Minister, or enter into some other arrangement specified by the Minister (which may include the payment of a sum or sums of money into an account specified by the Minister), to ensure that money is available to address the costs of any damage to the River Murray (being the costs of any such damage within the meaning of section 3(5) of the River Murray Act 2003) that may be attributable to the taking or use of water from the resource; (b) a requirement that a person who has the benefit of the approval— (i) develop to the satisfaction of the Minister an environment improvement program containing requirements specified by the Minister, and then comply with the requirements of that program to the satisfaction of the Minister; or (ii) participate in a specified environment improvement program (including a program that applies with respect to any part of the River Murray); (c) a requirement that a person who has the benefit of the approval participate in any other form of scheme to protect, restore or otherwise benefit the River Murray specified by the Minister (including a scheme established by the Minister or any other person or body that has effect in relation to any part of the River Murray and including by payment of a sum or sums of money into an account established or used for the purposes of the scheme). (4) A condition of a kind referred to in subsection (3) may also be imposed with respect to damage to the River Murray occurring before the imposition of the condition. 143—Variation of approvals (1) A site use approval may be varied by the Minister— (a) at any time on the application of, or with the consent of, the holder of the approval; or (b) if the approval provides for intervals at which the conditions of the approval may be varied—at those intervals if, in the opinion of the Minister, the variation is necessary or desirable to more effectively regulate the use of water from the resource in accordance with the relevant water allocation plan and this Act; or (c) at any time if there has been an alteration to the water allocation plan for the water resource to which the approval relates and the variation is necessary, in the opinion of the Minister, to prevent the approval from being seriously at variance with the plan; or (d) at any time if the variation is to impose or vary a condition of an approval that relates to a water resource within the Murray‑Darling Basin and the Minister is of the opinion that the variation is appropriate or desirable to prevent, reduce or address damage to the River Murray; or (e) if the Minister is authorised to do so by the regulations. (3) The Minister's decision on the variation of an approval— (c) must be consistent with requirements (if any) prescribed by regulation under this paragraph (which regulation may prescribe circumstances where an application for a variation must be refused). (4) A person who holds a site use approval may appeal to the ERD Court against— (a) a decision to refuse to grant an application to vary the approval under subsection (1)(a); or (b) the variation of the person's approval under subsection (1)(b), (c) or (d). (5) However, if the approval relates to a water resource within the Murray‑Darling Basin then no right of appeal will arise under subsection (4) if the regulations so provide. (6) The Minister is not required to conduct a hearing or to give notice to a third party before varying a site use approval under this section. (7) However, the Minister must, after making a variation, give notice of the variation to a person with a prescribed interest in the relevant land in accordance with the regulations. (8) Without limiting a preceding subsection, a site use approval may be varied— (a) by operation of the provisions of the relevant water allocation plan, and the variation will take effect by force of this subsection; or (b) by the Minister acting in a circumstance specified by the water allocation plan under section 53(8). 144—Notice provisions If an application for a site use approval or the variation of a site use approval falls within a class specified by the relevant water allocation plan for the purposes of this section— (a) notice of the application must be given by the Minister, in accordance with the regulations, to— (i) those persons specified in the plan; and (ii) those persons (if any) prescribed by the regulations; and (iii) the public generally; and (b) if notice of an application has been given under this section, any person who desires to do so may, in accordance with the regulations, make representations in writing to the Minister in relation to the granting or refusal of the application; and (c) the Minister must forward to the applicant a copy of the representations (if any) made and allow the applicant an opportunity to respond, in writing, to those representations; and (d) the response referred to in paragraph (c) must be made within the number of days prescribed by the regulations after the relevant material is forwarded to the applicant; and (e) the Minister must allow a person who made a representation and who, as part of that representation, indicated an interest in appearing before the Minister, a reasonable opportunity to appear personally or by representative before the Minister to be heard in support of the representation; and (f) if a person appears before the Minister under paragraph (e), the Minister must also allow the applicant a reasonable opportunity, on request, to appear personally or by representative in order to respond to any relevant matter; and (g) if representations have been made under this subsection, the Minister must, within the period prescribed by the regulations— (i) give to each person who made a representation notice of the Minister's decision on the application and of the date of the decision and of the person's appeal rights under this Act; and (ii) give notice to the ERD Court— (A) of the Minister's decision on the application and of the date of the decision; and (B) of the names and addresses of persons who made representations to the Minister under this section; and (h) a person who is entitled to be given notice of the decision under paragraph (g) may, within 15 business days after the date on which the notice was given to the person, appeal to the ERD Court against the decision; and (i) if an appeal is lodged by a person who is entitled to be given notice of the decision under paragraph (g), the applicant for the site use approval or variation (as the case may be) must be notified by the ERD Court of the appeal and will be a party to the appeal; and (j) a decision of the Minister in respect of which representations have been made under this section does not operate— (i) until the time within which any person who made any such representation may appeal against a decision to grant the application has expired; or (ii) if an appeal is commenced— (A) until the appeal is dismissed, struck out or withdrawn; or (B) until the questions raised by the appeal have been finally determined (other than any question as to costs). 145—Cancellation (1) The Minister may, in accordance with a scheme prescribed by the regulations, cancel a site use approval in prescribed circumstances. (2) The holder of a site use approval may appeal to the ERD Court against a decision under subsection (1). (3) However, if the approval relates to a water resource within the Murray‑Darling Basin then no right of appeal will arise under subsection (2) if the regulations so provide. 146—Nature of approval A site use approval applies to the site to which the approval relates and is attached to the land constituting that site. 147—Expiry A site use approval will expire according to its terms if the provisions of the approval so provide. Subdivision 5—Delivery capacity entitlements 148—Delivery capacity entitlements—applications and matters to be considered (1) An application for a delivery capacity entitlement must be in a form approved by the Minister and must— (i) the water resource in relation to which the delivery capacity entitlement is being sought; and (ii) the place or area where water is proposed to be taken; and (iii) prescribed information about the times and rates at which it is proposed to take water; and (iv) prescribed information about the extent to which priority is being sought over other delivery capacity entitlements issued in relation to the same water resource (or a specified part of the water resource); and (2) The Minister may, after receiving an application, request the applicant to provide such additional information or material as the Minister thinks fit in order to assess the application. (3) The Minister may, if the Minister thinks fit, issue delivery capacity entitlements with respect to a particular water resource, or a particular part of a water resource, on the basis of applications submitted to the Minister under procedures determined by the Minister as being appropriate in the relevant circumstances (including procedures that require applications to be submitted as tenders or furnished as part of an auction process). (4) The Minister may refuse to grant a delivery capacity entitlement— (a) if in the opinion of the Minister it would be contrary to the provisions of the relevant water allocation plan to grant a delivery capacity entitlement under the terms being sought; or (b) if the application has not been successful under the terms of any procedure established under subsection (3); or (c) to a person, or to the associate of a person, who formerly held a water management authorisation that was cancelled under this Act; or (d) to a person who has acted in contravention of this Act; or (e) on any ground prescribed by the regulations; or (f) on any other reasonable ground. (5) In addition, the Minister's decision on the grant of a delivery capacity entitlement must— (a) be made in the public interest; and (6) The Minister may, if the delivery capacity entitlement is being issued under procedures that require the payment of a fee or purchase price with respect to the delivery capacity entitlement, require the relevant payment before granting a delivery capacity entitlement. relevant water allocation plan means the water allocation plan that relates to the water resource in relation to which the delivery capacity entitlement is sought and includes the water allocation plan of another water resource (if any) that includes provisions relating to the taking, or the taking and use, of water from the firstmentioned water resource. 149—Issuing of delivery capacity entitlements (1) A delivery capacity entitlement— (a) must specify, in such manner as the Minister thinks fit, the terms of the entitlement; and (b) is subject to conditions— (c) may be granted on the basis that it cannot be transferred except in conjunction with the transfer of a specified water licence, water access entitlement or water allocation; and (d) remains in force until the delivery capacity entitlement— (i) is terminated by or under this Act; or (ii) if relevant, expires under the terms of the delivery capacity entitlement. (2) Subject to any provision made under subsection (1)(c), a delivery capacity entitlement 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. 150—Delivery capacity entitlements to relate to point of extraction A delivery capacity entitlement— (a) may be applied to any aspect of the taking of water from the relevant water resource at a point of extraction; but (b) must not be applied to any part of an irrigation system that distributes water after extraction from the relevant water resource (other than indirectly through the operation of paragraph (a)). 151—Variation of delivery capacity entitlements (1) A delivery capacity entitlement may be varied by the Minister— (a) at any time on the application of, or with the consent of, the holder of the delivery capacity entitlement; or (b) if the delivery capacity entitlement provides for intervals at which the conditions of the delivery capacity entitlement may be varied—at those intervals if, in the opinion of the Minister, the variation is necessary or desirable to more effectively regulate the use of water from the resource in accordance with the relevant water allocation plan and this Act; or (c) at any time if there has been an alteration to the water allocation plan for the water resource to which the delivery capacity entitlement relates and the variation is necessary, in the opinion of the Minister, to prevent the delivery capacity entitlement from being inconsistent with the plan; or (d) at any time if the variation is to impose or vary a condition of a delivery capacity entitlement that relates to a water resource within the Murray‑Darling Basin and the Minister is of the opinion that the variation is appropriate or desirable to prevent, reduce or address damage to the River Murray; or (3) The Minister's decision on the variation of a delivery capacity entitlement— (a) must be consistent with the relevant water allocation plan and for the purposes of this paragraph the relevant water allocation plan includes the water allocation plan of another water resource (if any) that includes provisions relating to the taking, or the taking and use, of water from the water resource in relation to which the delivery capacity entitlement was granted; and (c) must be consistent with requirements (if any) prescribed by regulation under this paragraph (which regulation may prescribe circumstances where an application for a variation must be refused). (4) A person who holds a delivery capacity entitlement may appeal to the ERD Court against— (a) a decision to refuse to grant an application to vary the person's delivery capacity entitlement under subsection (1)(a); or (b) the variation of the person's delivery capacity entitlement under subsection (1)(b), (c) or (d). (5) However, if the delivery capacity entitlement relates to a water resource within the Murray‑Darling Basin then no right of appeal will arise under subsection (4) if the regulations so provide. (6) The Minister is not required to conduct a hearing or to give notice to a third party before varying a delivery capacity entitlement under this section. 152—Transfer of delivery capacity entitlements (1) Subject to this Act, the relevant water allocation plan and the terms of the delivery capacity entitlement, the holder of a delivery capacity entitlement may transfer the delivery capacity entitlement to another person. (2) A transfer may be absolute or for a limited period. (3) A transfer requires the approval of the Minister. (4) An application to the Minister for the Minister's approval must— (5) The Minister may refuse to grant approval for the transfer of a delivery capacity entitlement to a person on the same grounds as those on which the Minister would refuse to grant an application by that person for a delivery capacity entitlement. (6) The Minister may refuse to grant approval for the transfer of a delivery capacity entitlement— (a) if the holder of the delivery capacity entitlement is in breach of a condition of the delivery capacity entitlement; or (b) unless or until any water levy that has been imposed in relation to the delivery capacity entitlement has been paid. (7) In addition, the Minister's decision to grant or refuse approval for the transfer of a delivery capacity entitlement— (a) must be consistent with the relevant water allocation plan (and for the purposes of this paragraph the relevant water allocation plan includes the water allocation plan of another water resource (if any) that includes provisions relating to the taking, or the taking and use, of water from the water resource in relation to which the delivery capacity entitlement was granted); and (c) 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) Subsection (7)(a) operates subject to the terms or requirements of an Interstate Water Entitlements Transfer Scheme. (9) If an application for the transfer of a delivery capacity entitlement relates to a delivery capacity entitlement held by SA Water, the Minister's decision on the application must be made with the concurrence of the Minister for the time being administering the South Australian Water Corporation Act 1994. (10) The Minister may, before granting an application for the transfer of a delivery capacity entitlement, direct that an assessment of the effect of granting the application be made (at the expense of the applicant) by an expert appointed or approved by the Minister. (11) The Minister may, when granting an application for the transfer of a delivery capacity entitlement— (a) vary the terms of the delivery capacity entitlement; (b) vary any condition of the delivery capacity entitlement— (i) to ensure consistency with the relevant water allocation plan; or (ii) in the case of a delivery capacity entitlement that relates to a water resource within the Murray‑Darling Basin—to reduce or address damage to the River Murray; (c) if relevant, take any other action required or permitted under an Interstate Water Entitlements Transfer Scheme. (12) A delivery capacity entitlement that has been transferred for a limited period reverts automatically to the transferor when the period expires. (13) Despite the provisions of the Stamp Duties Act 1923, the transfer of a delivery capacity entitlement is not chargeable with duty under that Act. 153—Surrender of delivery capacity entitlements The holder of a delivery capacity entitlement may surrender the delivery capacity entitlement at any time. Subdivision 6—Interstate agreements 154—Interstate agreements (1) The Minister may (on behalf of the State of South Australia) enter into an agreement with a Minister of any other State or a Territory— (a) for the conversion of water entitlements or equivalent rights in 1 State or Territory into water entitlements or equivalent rights in another State or Territory; (b) for the recognition of water entitlements or equivalent rights in 1 State or Territory in another State or Territory; (c) for the assignment of water allocations from 1 State or Territory to another State or Territory. water entitlement means— (a) a water licence (and an associated water access entitlement); (b) a water allocation; (c) a delivery capacity entitlement. Subdivision 7—Related matters 155—Allocation on declaration of prescribed water resource (1) On declaration of a watercourse, lake or well as a prescribed watercourse, lake or well or declaration of a part of the State as a surface water prescribed area, an existing user of water from the water resource concerned— (a) may, subject to a restriction or prohibition under section 109, continue to use water without a water management authorisation until the end of the prescribed period or, if the existing user applies for any necessary water management authorisation (depending on the circumstances of the particular case) within 6 months after the publication in the Gazette of the regulation declaring the resource to be a prescribed resource, until all relevant applications have been granted or refused; (b) is, subject to subsection (3), entitled to be granted, without the payment of any purchase price, the necessary water management authorisations, subject to any determination by the Minister under subsection (2) after consultation with the existing user. (2) The water access entitlement that applies under subsection (1)(b) will be the share of a consumptive pool that will, in the opinion of the Minister, meet the future requirements of the existing user— (a) based on their reasonable requirements during the establishment period; or (b) for water for a development, project or other undertaking to which they were legally committed or in respect of which they had committed significant financial or other resources during the establishment period; or (c) under both paragraphs (a) and (b). (3) If at the expiration of the prescribed period, the aggregate of water access entitlements assigned to existing users under subsections (1) and (2) exceeds, in the opinion of the Minister, the capacity of the resource, the Minister may— (a) reduce each water access entitlement proportionately; or (b) reduce each water access entitlement pursuant to a scheme set out in the regulations. (4) Before determining the capacity of the resource, the Minister must prepare a report assessing the need for water of ecosystems that depend on the resource for water. (5) The Minister must make the report publicly available. (6) An existing user may appeal to the ERD Court against a determination or decision of the Minister under subsection (1) or (2). (7) Subject to a restriction or prohibition under section 109, a person who is not an existing user may take water from the water resource without a water management authorisation until the end of the prescribed period. (8) If the quantity of water available for allocation exceeds the entitlements of existing users, the Minister may allocate the excess in accordance with this Act and the relevant water allocation plan. (9) An entitlement under subsection (1)(b) may be transferred to another person with the approval of the Minister but subject to any requirement or limitation prescribed by the regulations. establishment period in relation to the declaration of a water resource means the period prescribed for the purposes of this definition by the regulation declaring the resource to be a prescribed resource being a period that ends at the commencement of the prescribed period; existing user means, subject to subsection (11), a person— (a) who took water from the resource at any time during the establishment period; or (b) who did not take any water during that period but who needs water for a development, project or undertaking to which the person was legally committed or in respect of which the person had, in the opinion of the Minister, committed significant financial or other resources during the establishment period; prescribed period in relation to a water resource commences on the date of publication in the Gazette of the notice inviting submissions in relation to the proposed regulation declaring the resource to be a prescribed resource and ends on the date specified for that purpose in the regulation. (11) A person ceases to be an existing user if the person does not make the necessary applications under subsection (1) within 6 months after publication in the Gazette of the regulation declaring the resource to be a prescribed resource. (12) If a person who is an existing user under a preceding subsection divests themselves of land (or an interest in land) in relation to which the rights of an existing user arises under those subsections— (a) the person who acquires the land (or the interest in land), or any successor to that person, will be regarded as the existing user in substitution for the earlier existing user (and to obtain the benefit of any action or commitment taken or made by an earlier existing user); and (b) those subsections will apply subject to any modifications necessary to take into account the operation of this subsection, and such other modifications as may be prescribed by the regulations. 156—Schemes to promote the transfer or surrender of certain entitlements (1) The Minister may, by notice in the Gazette, establish a scheme— (a) to promote the transfer or surrender of water allocations, or water allocations of a specified class, that relate to an area within the Murray‑Darling Basin; (b) to promote the surrender of water licences, or water licences of a specified class, that relate to a specified area within the Murray‑Darling Basin. (2) A scheme under subsection (1) will be a scheme— (a) under which any holder of a water allocation of a specified class must, in accordance with the terms of the scheme, make an offer— (i) to transfer the whole or a specified part of the water allocation to the Minister or to a person of a specified class— (A) for a price specified by the holder of the water allocation; or (B) for a price determined under the terms of the scheme, being a price that equals or exceeds a reserve price specified by the holder of the water allocation; or (ii) to surrender the whole or a specified part of the water allocation to the Minister, for a price specified by the holder of the water allocation; (b) under which the holder of a water licence of a specified class must, in accordance with the terms of the scheme, make an offer to surrender the licence for a price specified by the holder of the licence; (c) under which the Minister will, in accordance with the terms of the scheme— (i) make an offer to any holder of a water allocation of a specified class to pay a price specified by the Minister for the surrender of the whole or a specified part of the water allocation; (ii) make an offer to the holder of a water licence of a specified class to pay a price specified by the Minister for the surrender of the licence. (3) Neither the Minister nor the holder of a water allocation or a water licence is required to accept an offer under a scheme established under this section. (4) Subject to subsection (5), the Minister must not reject any acceptance of an offer within the terms of a scheme under subsection (2)(c). (5) The Minister may reject such an acceptance if— (a) the Minister has, in establishing the particular scheme, set a maximum amount of water allocation with respect to which the Minister is willing to make a payment and that maximum had been achieved before the receipt by the Minister of the relevant acceptance; or (b) the Minister has, in establishing the particular scheme, set a limit on the amount of money that the Minister is willing to expend under the scheme and that limit has been achieved before the receipt by the Minister of the relevant acceptance; or (c) the Water Register includes a notation that a person has an interest in the relevant water allocation or water licence and the acceptance has been made without the written consent of that person; or (d) the Minister receives the relevant acceptance after the Minister has brought the scheme to an end; or (e) any other prescribed circumstance applies. (6) The Minister may in the Minister's absolute discretion, by notice in the Gazette, bring a scheme to an end at any time. (7) When a scheme is brought to an end, any unaccepted offers automatically lapse. (8) The Governor may, by regulation, make provision for related or ancillary matters connected with the operation of this section. 157—Consequences of breach of water management authorisations (1) If the holder of a water management authorisation, or a person acting on behalf of the holder of a water management authorisation— (a) takes water in excess of any entitlement under the water management authorisation, or contrary to a provision of the water management authorisation; or (b) contravenes or fails to comply with a condition of the water management authorisation; or (c) uses water taken pursuant to the water management authorisation for an illegal purpose, the Minister may cancel, suspend or vary the water management authorisation by 7 days written notice served on the holder of the water management authorisation. (2) If the holder of a water management authorisation, or a person acting on behalf of the holder of a water management authorisation, contravenes or fails to comply with a notice under section 109, the Minister may cancel, suspend or vary the water management authorisation by 7 days written notice served on the holder of the water management authorisation. (3) If— (a) the holder of a water management authorisation, or a person acting on behalf of the holder of a water management authorisation— (i) has contravened an environment protection order under the Environment Protection Act 1993 or a protection order under the River Murray Act 2003; or (ii) has failed to comply with a clean-up order under the Environment Protection Act 1993 or a reparation order under the River Murray Act 2003; and (b) the Minister is satisfied that the quality of the water in the water resource to which the water management authorisation relates has been detrimentally affected by the contravention or failure, the Minister may cancel, suspend or vary the water management authorisation by 7 days written notice served on the holder of the water management authorisation. (4) A holder, or former holder, of a water management authorisation may appeal to the ERD Court against a decision of the Minister under this section. (5) The Minister must, after taking action to cancel, suspend or vary a water management authorisation under this section, give notice of the action to a person with a prescribed interest in the water management authorisation in accordance with the regulations. 158—Effect of cancellation of water management authorisations (1) Any entitlement under a water management authorisation that has been cancelled under this Act is forfeited to the Minister. (2) If— (a) a water licence, water access entitlement, water allocation or delivery capacity entitlement (an entitlement) is forfeited under subsection (1); and (b) the entitlement has sufficient value to cover the costs associated with its sale; and (c) the entitlement can be transferred consistently with the relevant water allocation plan and the provisions of the entitlement, the Minister must endeavour to sell the entitlement— (d) by public auction or tender; or (e) by some other process considered by the Minister to be reasonable in the circumstances (including by private sale). (3) The proposal to sell the entitlement must be advertised on at least 2 separate occasions in a newspaper circulating in the area in which the water resource is situated. (4) If 1 process fails, the Minister may proceed to another. (5) The Minister should, in taking action to sell the entitlement, take reasonable steps to achieve the best price that can reasonably be obtained. (6) Any money received by the Minister on the sale of the entitlement under this section must be applied as follows: (a) firstly—in paying the costs of the sale and any other costs incurred in proceedings under this section; (b) secondly—in discharging any liability (if any) for an unpaid levy or instalment of a levy under Part 5, and any interest in respect of an unpaid levy or instalment, in relation to the entitlement; (c) thirdly—in discharging any other liability of the former holder of the entitlement under this Act to the Minister or to any other authority under this Act; (d) fourthly—in discharging any liabilities of the former holder of the entitlement of which the Minister knows that are secured by a charge over the entitlement; (e) fifthly—in payment to the former holder of the entitlement. (7) If the former holder of the entitlement cannot be found after making reasonable enquiries as to their whereabouts, an amount payable to the former holder of the entitlement must be dealt with in accordance with section 6 of the Unclaimed Money Act 2021 as money the owner of which cannot be found. (8) The purchaser of an entitlement under this section takes the entitlement free of all charges. Division 4—Reservation of excess water by Minister 159—Interpretation In this Division, unless the contrary intention appears— reserved water means water reserved by notice published in the Gazette under section 160. 160—Reservation of excess water in a water resource (a) a water allocation plan has been approved by the Minister in relation to a water resource; and (b) the water resource includes excess water that is available for allocation; and (c) the Minister is satisfied that it is necessary or desirable for the proper management of the water of the resource to reserve the whole or part of that excess water either from allocation under any circumstances or for allocation subject to restrictions, the Minister may, by notice published in the Gazette, reserve the whole or a part of the excess water. (2) The notice— (a) must specify the quantity of water that is reserved; and (b) must state whether the water is reserved from allocation under any circumstances or may be allocated by the Minister if the requirements referred to in a regulation under section 161 are satisfied; and (c) may, if water can be allocated, specify the requirements (if any) that must be satisfied in addition to those referred to in a regulation under section 161 before water is allocated. (3) The Minister may, at any time, by subsequent notice published in the Gazette vary or revoke a notice under subsection (1). 161—Allocation of reserved water (1) The following provisions apply in relation to the allocation of reserved water despite the other provisions of this Act: (a) the restrictions (if any) in the relevant water allocation plan as to the purpose for which allocated water can be used do not apply to the allocation of reserved water (but this paragraph does not prevent the Minister from allocating reserved water subject to the same or similar restrictions); (b) the allocation will be for a limited term of not more that 15 years and may be based on a water access entitlement specified by the Minister; (c) the Minister may require an applicant to pay to the Minister for the allocation of reserved water an amount negotiated with the applicant either in 1 payment or a series of periodic payments; (d) section 122(2) and (5) do not apply in relation to an allocation of reserved water; (e) a person cannot transfer an allocation of reserved water to another person. (2) The Minister must not allocate reserved water unless— (a) a regulation that sets out requirements that must be satisfied is in force; and (b) those requirements have been satisfied. (3) A regulation referred to in subsection (2)(a) cannot come into operation until it is no longer possible for the regulation to be disallowed under section 10 of the Subordinate Legislation Act 1978. 162—Public notice of allocation of reserved water (a) the Minister has by notice in the Gazette reserved water under this Division; and (b) under the terms of the notice the reserved water may be allocated, the Minister must, subject to subsection (3), publish notice in the Gazette in respect of each quarter setting out— (c) the quantity of reserved water allocated to each person during the quarter; and (d) the name of each person to whom the water was allocated; and (e) the term during which the allocation operates; and (f) the amount or amounts payable for the allocation of the water and the date or dates on which those amounts are payable. (2) A notice under subsection (1) must be published in the Gazette as soon as practicable after the end of the quarter to which it relates. (3) A notice need not be published under subsection (1) if no water was allocated in the relevant quarter. quarter means the periods of 3 months ending on 30 September, 31 December, 31 March and 30 June in each financial year.