South Australian Consolidated Regulations South Australian Consolidated Regulations (1) If the Minister is
satisfied by reference to an annual report or to an assessment made pursuant
to subregulation (6) that one or both of the contingencies referred to in
regulation 11(1) have occurred, or are likely to occur within the next
four years, the Minister may serve notice on Penrice pursuant to
subregulation (2).
(2) The notice—
(a) may
restrict—
(i)
the rate; or
(ii)
the times; or
(iii)
both the rate and the times,
at which Penrice may take water from any of the Northern Adelaide Plains
aquifers or the Dry Creek aquifers; and
(b) may
prohibit Penrice from taking water from all or any of the Northern Adelaide
Plains aquifers or the Dry Creek aquifers; and
(c) in
relation to the taking of water from Northern Adelaide Plains aquifer T 1 or T
2 or from Dry Creek aquifer T 1 or T 2 may—
(i)
reduce the volume of water that may be taken in any
financial year by means of all or any one or more of the wells by which
Penrice is entitled to take the water; or
(ii)
attach conditions to the taking of the water; or
(iii)
reduce the volume of water under subparagraph (i)
and attach conditions under subparagraph (ii); and
(d) must
specify the date on which it comes into operation being at least ten months
after it was served on Penrice or, if the only contingency on which the notice
is based is that an aquifer is unlikely to be able to meet future demand,
being at least 22 months after it was served on Penrice; and
(e) must
not operate for a period extending beyond the fourth anniversary of the date
on which it comes into operation.
(3) The Minister may
vary or revoke a notice under subregulation (1).
(4) The Minister may
only serve notice on Penrice under subregulation (1) if he or she has
consulted, and has endeavoured to reach agreement, with Penrice as to the need
for the notice and, if the Minister decides that the notice is needed, the
terms of the notice.
(5) The Minister may
only vary a notice under subregulation (3) if he or she has consulted
with Penrice on the terms of the variation and has endeavoured to reach
agreement with Penrice on those terms.
(6) If the Minister
believes on reasonable grounds that one or both of the contingencies referred
to in regulation 11(1) have occurred in the current, or the immediately
preceding financial year or are likely to occur before he or she receives the
annual report for the current financial year, the Minister may appoint a
person who has qualifications and experience in hydrology or hydrogeology to
make an assessment as to whether the Minister should serve notice on Penrice
under subregulation (1) in relation to that or those contingencies.
(7) Before appointing
a person under subregulation (4), the Minister must consult with Penrice
and endeavour to reach agreement with Penrice as to the person to be
appointed.
(8) An assessment
under subregulation (6) must not exceed the scope of a report under
Division 3.
(9) The Minister may
recover his or her costs relating to the preparation of the assessment from
Penrice as a debt.