Ground Water (Qualco-Sunlands) Control Act 2000

Subject to subsection (2), an owner of an irrigated property may apply to the Minister for a certificate that the irrigation of land comprising the whole or part of the property will have no impact on both—

waterlogging or salinisation of the land or any neighbouring land;

the salinity levels in the River Murray.

Where—

the land comprises part of an irrigation district under the

the irrigation authority for the district under that Act is not a member of the Trust under this Act, the application can only be made with the written approval of the irrigation authority.

The application must—

be made in the manner, and be accompanied by the information, required by the Minister; and

be accompanied by the fee prescribed by regulation.

The Minister may grant a certificate of zero impact if he or she is satisfied—

that irrigation of the land will have no impact on either waterlogging or salinisation of the applicant's land or any other land or on salinity levels in the River Murray—

because the land is adequately drained by a system that is independent of the Scheme infrastructure; or

because the only water used for irrigation is taken from underground water accumulated above the layer of Blanchetown Clay in the Scheme

for any other reason; and

that the Scheme does not improve the use of the land for the purposes of primary production in any way.

Before granting a certificate, the Minister must consult the Trust and take into account the Trust's views.

The Minister may grant a certificate—

for such term as he or she thinks fit; and

subject to such terms, conditions and limitations as he or she thinks fit.

Without limiting subsection (6), a certificate may—

limit the quantity of water that may be used to irrigate the land;

specify the method or methods that may be used to irrigate the land; and

include requirements relating to the maintenance, repair and replacement of the drainage system for the land; and

require the owner or occupier of the land to periodically provide the Minister with such declarations or other evidence as the Minister requires to satisfy the Minister that the terms, conditions and limitations of the certificate have been complied with; and

require the owner and occupier of the land to permit the Minister, or a person authorised by the Minister, to—

inspect the land; and

inspect the irrigation and drainage systems on the land;

read meters; and

do anything else that is reasonably required to ensure that the irrigation of the land continues to have no impact on waterlogging or salinisation of land and salinity levels in the River Murray; and

require the owner or occupier of the land to pay the reasonable costs of the Minister (to be fixed by the Minister) for the supervision required under paragraphs (d) and

.