Certain matters to be referred to Water Resources Minister
64 Certain matters to be referred to Water Resources Minister
Where an application of a kind prescribed by subsection (1a) is made under
Part
6 for an environmental authorisation in respect of an activity to be undertaken in a water protection area (except a water protection area, or part of a water protection area, excluded from the operation of this section by regulation)—
the application must be referred to the Water Resources Minister together with a copy of any relevant information provided by the applicant;
and
subject to subsection (2), the Authority must not make a decision on the application until it receives a response from the Water
Resources Minister.
The following kinds of applications are prescribed for the purposes of subsection (1):
an application for an environmental authorisation to drain or discharge any solid, liquid or gaseous material directly or indirectly into a well that is a prescribed well under the Landscape South Australia
Act 2019;
an application for an environmental authorisation in respect of any activity that might, in the opinion of the Authority, create a significant risk of environmental harm to a water resource within the meaning of the
Landscape South Australia
Act 2019.
Subsection (1a) does not apply in relation to 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.
If a response is not received from the Water Resources Minister within the period prescribed by regulation, it will be presumed that the Water
Resources Minister does not wish to make a response, but the period prescribed will, if the Waters Resources Minister notifies the Authority of the need for such extension, be extended by a period of time equal to the time taken by the applicant to furnish further information in compliance with a requirement under subsection (3).
Where the Water Resources Minister requires further information before giving a response under this section, the Water Resources Minister may, by notice in writing served on the applicant no later than two months after the application was made, require the applicant to furnish further specified information in writing.
The Water Resources Minister may require any further information required under subsection (3) to be verified by statutory declaration.
Where further information is required under this section in respect of an application, the application is to be taken not to have been duly made for the purposes of Part
6 until the information is furnished as required by the
Water Resources Minister.
The regulations may—
provide that the Authority must not make a decision on an application referred to the Water Resources Minister under this section—
without having regard to the response of the Water Resources
Minister; or
without the concurrence of the Water Resources Minister (which concurrence may be given on such conditions as the Water Resources Minister thinks fit);
empower the Water Resources Minister to direct the
Authority—
to refuse the application; or
if the Authority decides to grant the application—to impose such conditions as the Water Resources Minister thinks fit, (and the Authority must comply with any such direction).
Where the Authority acting by direction of the Water Resources
Minister refuses an application or imposes conditions in respect of an environmental authorisation, the Authority must notify the applicant that the application was refused, or the conditions imposed, by direction under this section.
Where a refusal or condition referred to in subsection (7) is appealed against to the
Environment, Resources and Development Court under this Act, the Water
Resources Minister will be a party to the appeal.
The Water Resources Minister may, by notice in writing, instruct the Authority to refer an application of a kind referred to in subsection (1) in respect of an activity that is to be undertaken in the region of a regional landscape board to the board instead of to the Minister and in that event references to the Water Resources Minister in this section and in a regulation made under this section will be taken to be references to the board.
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