South Australian Consolidated Regulations

WATER RESOURCES (PENRICE EXEMPTION) REGULATIONS 1997 - REG 6

6—Termination of exemption

        (1)         Subject to this regulation, the Minister may terminate the exemption—

            (a)         if an agreement that is required by the conditions to be in force is not in force; or

            (b)         if Penrice is contravening or failing to comply, or has at any time in the past contravened or failed to comply, with any provision of the conditions or of an agreement that is required by the conditions to be in force.

        (2)         Termination under subregulation (1)(a) must be by at least three months written notice served on Penrice.

        (3)         Before terminating the exemption under subregulation (1)(b) the Minister must, subject to subregulation (4), serve on Penrice at least three months written notice of his or her intention to terminate the exemption to give Penrice the opportunity to remedy the breach.

        (4)         Notice is not required under subregulation (3) if—

            (a)         the breach is a breach of regulation 8(1)(b) (or the corresponding provision of the revoked regulations) (taking excess water in a financial year) or any other breach of a kind that cannot be remedied; or

            (b)         Penrice has been guilty of a breach of the same kind on another occasion within the previous two years.

        (5)         Termination under subregulation (1)(b) must be by notice served on Penrice which—

            (a)         may take effect immediately if notice served on Penrice under subregulation (3) (or the corresponding provision of the revoked regulations) in relation to the breach has expired; or

            (b)         must be of three months duration if notice is not required under subregulation (3) (or the corresponding provision of the revoked regulations).

        (6)         A notice terminating the exemption cannot be served under subregulation (5) if—

            (a)         Penrice has remedied the breach to the satisfaction of the Minister and had not been guilty of a breach of the same kind on another occasion in the previous two years; or

            (b)         the prescribed period has elapsed since the time at which the Minister first knew, or could reasonably be expected to have first known, of the breach.

        (7)         Without limiting the generality of the expression "a breach of the same kind", a breach of the conditions or of an agreement that is required by the conditions to be in force will be taken to be of the same kind as an earlier breach if—

            (a)         in the case of a breach of the conditions—both are breaches of the same paragraph of regulation 8(1) or regulation 7(1) of the revoked regulations or one is a breach of a paragraph of regulations 7(1) of the revoked regulations and the other is a breach of the corresponding paragraph of regulation 8(1);

            (b)         in the case of a breach of an agreement—both are breaches of the same clause of the agreement.

        (8)         In this regulation—

"the prescribed period" is 12 months plus the period of the notice (if any) served on Penrice under subregulation (3) (or the corresponding provision of the revoked regulations) in relation to the breach.