River Murray Act 2003

This section applies to—

a statutory instrument that is to have application within the

a related operational Act; or

subsection (2); or

an application for a statutory authorisation referred to the

For the purposes of subsection (1)(a)(ii), the Governor may, by regulation, require that statutory instruments of a prescribed class under an Act, when being considered, prepared, reviewed, amended or varied, be referred to the

The Minister must, in acting with respect to a statutory instrument or an application for a statutory authorisation to which this section applies—

take into account, and seek to further—

the objects of this Act; and

the ORMs; and

in the case of a statutory instrument—take into account—

the terms or requirements of the Murray‑Darling Basin

any relevant provision of the Basin Plan under the

in the case of an application for a statutory authorisation—take into account—

the extent to which an activity proposed to be undertaken pursuant to the statutory authorisation may affect the River Murray; and

the extent to which any similar activity is being undertaken, or is likely to be undertaken in the foreseeable future, in any other part of the

the views, responses or requirements of any other person or body that, in the opinion of the Minister, are relevant to an assessment by the

the terms or requirements of the Murray‑Darling Basin

any policy published by the Minister under subsection (11) (if relevant), or such other policy as the Minister thinks fit, and may take into account such other matters as the Minister thinks fit.

If the Minister considers that he or she cannot endorse or otherwise agree with a statutory instrument referred to the Minister (on any basis) under or pursuant to this or any other Act, or the Minister considers that an amendment should be made to such a statutory instrument, and the authority responsible for the preparation of the instrument or the Minister responsible for the administration of the Act under which the statutory instrument has been prepared (the relevant Minister) does not agree with the position taken by the Minister, the Minister responsible for the administration of this Act or the relevant Minister may take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of both Ministers (and of any other relevant authority) and will have effect despite any other

If the Minister is of the opinion—

that an activity proposed to be undertaken pursuant to a statutory authorisation would or could cause harm to the River Murray; but

that there is insufficient information available to the Minister to enable the Minister to assess the likelihood of harm, or the extent or impact of harm, to the River Murray; and

that it is necessary to carry out further investigations, or to obtain further information, before an application for the statutory authorisation can be dealt with by the Minister, the Minister may, by notice issued in accordance with the regulations, extend any period specified by or under a related operational Act as the period within which the Minister must (or should) deal with the application or that otherwise relates to the period within which the Minister may (or should) respond (and any such notice will have effect despite the provisions of the related operational Act).

If the Minister considers that conditions should be imposed with respect to any statutory authorisation granted on an application referred to the Minister, the Minister may direct that the statutory authorisation should not be granted without the imposition of conditions specified by the Minister (and any such direction will have effect despite any other Act or law (but not so as to affect a determination or decision of the Governor under this or any other Act)).

Without limiting the operation of subsection (7), a condition may include—

a requirement that the person to whom the statutory authorisation is granted, or who otherwise has the benefit of the statutory authorisation, enter into a bond in such sum and subject to such terms and conditions specified by the Minister, or enter into some other arrangement specified by the Minister (which may include payment of a sum or sums of money into an approved account), to ensure that money is available to address the costs of any damage to the River Murray in the event of a breach of any term or condition of the statutory authorisation;

a requirement that a person to whom the statutory authorisation is granted, or who otherwise has the benefit of the statutory authorisation, undertake any steps necessary to off-set or protect against any adverse impact on the River Murray on account of any activity undertaken pursuant to the authorisation, including by the payment of a sum or sums of money into an approved account in accordance with a scheme specified by the

a requirement that the person to whom the statutory authorisation is granted, or who otherwise has the benefit of the statutory authorisation—

develop to the satisfaction of the Minister an environment improvement program containing requirements specified by the Minister, and then comply with the requirements of that program to the satisfaction of the

participate in a specified environment improvement program (including a program that applies with respect to another part of the River

a requirement that a person to whom the statutory authorisation is granted, or who otherwise has the benefit of the statutory authorisation, participate in any other form of scheme to protect, restore or otherwise benefit the River Murray specified by the Minister (including a scheme established by the Minister or any other person or body that has effect in relation to another part of the River Murray and including by the payment of a sum or sums of money into an approved account for the purposes of the scheme);

a requirement that a person to whom the statutory authorisation is granted, or who otherwise has the benefit of the statutory authorisation, comply with any specified code or standard prepared or published by the

a requirement that if application is made in due course for the renewal or extension of the statutory authorisation, then that application must also be referred to the Minister.

If an application for the renewal or extension of a statutory authorisation is referred to the Minister, then this section will apply in relation to the application as if it were an application for a new statutory authorisation.

The Minister may, by notice in writing to another authority or any other person, request that specified information be provided to the Minister to enable the Minister to consider any matter relevant to the Minister's consideration or assessment of a matter referred to the Minister in a case where this section applies (and the other authority or person must not, without reasonable excuse, fail to comply with a request of the Minister under this subsection).

The Minister may, by notice in the Gazette and in such other manner as the Minister thinks fit, publish policies in connection with the Minister's function in assessing applications for statutory authorisations to which this section applies.

A policy published by the Minister under subsection (11) may—

specify matters that the Minister may take into account in assessing applications for specified classes of statutory authorisations;

specify conditions that the Minister may impose with respect to specified classes of statutory authorisations;

specify cases or circumstances where the Minister may oppose the granting of specified classes of statutory authorisations;

specify such other matters as the Minister thinks fit.

A policy published by the Minister under subsection (11)—

may make different provision according to circumstances specified by the policy; and

may be varied by the Minister, by notice published in the

The publication of a policy under subsection (11) does not limit or affect—

the development, adoption or application of other policies (which may or may not be published) by the Minister; or

the consideration of any other matter by the

If the Minister is of the opinion that a particular application for a statutory authorisation falls within a case or circumstance under subsection (12)(c), the Minister may determine to oppose the granting of the statutory authorisation without further consideration of the application and without taking any other step in relation to the application.

If the Minister—

requires the imposition of a condition or conditions specified in a policy under subsection (12)(b); or

determines to oppose an application for a statutory authorisation under the terms of a policy under subsection (12)(c), no appeal will lie against the condition or conditions, or the determination (as the case may be), if the regulations so provide (and this provision will have effect despite any other Act or law).

If a decision of the Minister, or a condition specified by the

Despite a preceding subsection, the Minister may, by notice in the

An exemption under subsection (18)—

will have effect despite the provisions of any related operational

may have effect subject to such conditions as the Minister thinks fit and specifies by notice in the Gazette.

The Minister may, at any time, by further notice in the

vary or revoke an exemption;

vary or revoke a condition of an exemption.

A person must not contravene or fail to comply with a condition of an exemption. Maximum penalty: Maximum penalty: $20 000.