South Australian Consolidated Regulations South Australian Consolidated Regulations28—Exemption in relation to the Tintinara Coonalpyn Prescribed Wells
Area
(1) Subject to
subregulation (2), a person who is the holder of a licence that—
(a) has
been granted in respect of a well in the prescribed area; and
(b) is
endorsed with a water (taking) allocation for irrigation purposes,
is exempt from section 124 of the Act to the extent that the levy declared for
the 2002/2003 financial year in relation to the licence was based on the right
to take water for irrigation purposes under the licence.
(2) An exemption under
subregulation (1) is subject to the following conditions:
(a) that
the holder of the licence pay to the Minister an amount calculated as follows:
Where
"A" is the amount to be paid
"NA" is the volume of water (expressed in megalitres) notionally allocated to
the person for irrigation purposes for the area to which the licence relates
taking into account the relevant circumstances referred to in Columns A, B and
C of Table 1, being an amount determined by multiplying the notional volume of
water allocated per hectare that applies under Column C of Table 1 (depending
on the kind of crop identified in Column A of Table 1 and the irrigation
system used by the holder of the licence identified in Column B of Table 1) by
the number of hectares where water was authorised to be used for irrigation
purposes in respect of the period of restriction
"LR" is the relevant levy rate (per megalitre) that applies under Column D of
Table 1,
and if the holder of the licence was authorised to use water for more than one
crop during the period of restriction, then there will be an amount payable
with respect to each of the relevant circumstances that apply under Table 1;
(b) that
any amount payable under paragraph (a) be paid by the holder of the licence to
the Minister by a date and in a manner specified by the Minister by a notice
served on the holder of the licence after the commencement of this regulation.
(3) Subject to
subregulation (4), a person who is the holder of a licence that—
(a) has
been granted in respect of a well in the prescribed area; and
(b) is
endorsed with a water (taking) allocation for industrial purposes or for
aquaculture,
is exempt from section 124 of the Act to the extent that the levy declared for
the 2002/2003 financial year in relation to the licence was based on the right
to take water for industrial purposes or aquaculture (as the case may be)
under the licence.
(4) An exemption under
subregulation (3) is subject to the following conditions:
(a) that
the holder of the licence pay to the Minister the amount specified in Table 2
in relation to his or her licence;
(b) that
an amount payable under paragraph (a) be paid by the holder of the licence to
the Minister by a date and in a manner specified by the Minister by a notice
served on the holder of the licence after the commencement of this regulation.
(5) For the avoidance
of doubt, if in respect of a particular area covered by a licence within the
ambit of subregulation (1) or subregulation (3) there was no authorisation to
use water during the period of restriction for the relevant purpose, then no
amount is payable under subregulation (2) or (4) (as the case may be) in
relation to water authorised to be used for that purpose.
(6) Subject to
subregulation (7), a person who is the holder of a licence that—
(a) has
been granted in respect of a well in the prescribed area; and
(b) is
endorsed with a water (taking) allocation for irrigation purposes,
is exempt from section 124 to the extent that the levy declared for the
2003/2004 financial year in relation to the licence is based on the right to
take water for irrigation purposes under the licence.
(7) An exemption under
subregulation (6) is subject to the following conditions:
(a) that
the holder of the licence pay to the Minister an amount calculated as follows:
Where
"A" is the amount to be paid
"WA" is the amount of water (expressed in megalitres) allocated to the person
for irrigation purposes under the licence for the 2003/2004 financial year
"LR" is the relevant levy rate (per megalitre) that applies under Column C of
Table 3
"SL" is—
(i)
if the water allocation is from the unconfined
aquifer—$0.25 per megalitre of allocation;
(ii)
if the water allocation is from the confined
aquifer—$1.50 per megalitre of allocation,
and if the holder of the licence has an allocation that will relate to more
than one crop during the 2003/2004 financial year (as determined by the
Minister for the purposes of making the allocation), then there will be an
amount payable with respect to each of the relevant circumstances that apply
under Table 3;
(b) that
any amount payable under paragraph (a) be paid by the holder of the licence to
the Minister by a date and in a manner specified by the Minister by a notice
served on the holder of the licence after the commencement of the 2003/2004
financial year.
(8) In this
regulation—
"megalitre" means 1 000 kilolitres;
"period of restriction" means the period for which a restriction applied with
respect to the prescribed area under section 16 of the Act during the
2002/2003 financial year;
"prescribed area" means the Tintinara Coonalpyn Prescribed Wells Area (see the
Water Resources (Tintinara Coonalpyn Prescribed Wells
Area) Regulations 2000 ).
Table 1—Calculation of amount payable for irrigation purposes for
2002/2003
1 D indicates a drip irrigation system
C indicates a centre pivot irrigation system
F indicates a flood irrigation system
Fr indicates a furrow irrigation system
S indicates a sprinkler irrigation system
T indicates a travelling irrigation system
2 ML represents megalitres
3 mg/L represents milligrams per litre, a measure
of salinity
Table 2—Calculation of amount payable for industrial or aquaculture
purposes for 2002/2003
|
A |
B |
|---|---|
|
25059 |
$210.00 |
|
25087 |
$25.20 |
|
25094 |
$98.00 |
|
25032 |
$14.44 |
|
25033 |
$14.44 |
|
25063 |
$3.50 |
|
25081 |
$17.76 |
Table 3—2003/2004 levy rate for irrigation allocation
1 D indicates a drip irrigation system
C indicates a centre pivot irrigation system
F indicates a flood irrigation system
Fr indicates a furrow irrigation system
S indicates a sprinkler irrigation system
T indicates a travelling irrigation system
2 ML represents megalitres
3 mg/L represents milligrams per litre, a measure
of salinity