(1) The Minister may, by notice in the Gazette, declare a levy or levies (a water levy or
levies) payable by persons who—
(a) are the holders of any water management authorisation granted in relation to a water resource within a specified NRM region; or
(b) are the holders of imported water permits; or
(c) are authorised under section 128 to take water from a water resource within a specified NRM region; or
(d) are the holders of forest water licences granted in relation to commercial forests within a specified NRM region.
(2) A levy declared by the Minister under this section must be set at a level that will return an amount that is near as reasonably practicable to the amount stated in the relevant regional NRM plan as the amount to be raised by way of that particular water levy under this Division.
(3) A levy is not invalid because it raises more or less than the amount referred to in subsection (2).
(4) A regional NRM plan may include proposals for money raised through the imposition of a levy in 1 or more years to be expended in a subsequent year or years (and a levy may be declared on this basis).
(5) Without limiting the operation of any other subsection— (a) levies under subsection (1)(a) may—
Natural Resources Management Act 2004—4.7.2016
Chapter 5—Financial provisions Part 1—NRM levies
Division 2—Levies in respect of water
(i) in respect of a levy with respect to a water licence or water
allocation—be declared with respect to 1 or both of the following: (A) the right to an allocation of water under the terms of a water
access entitlement or IWETS;
(B) the allocation of water under the terms of a water access entitlement or IWETS;
(ii) in respect of a levy with respect to a water resource works approval—be declared with respect to 1 or both of the following: (A) the potential use of the relevant works for the purposes of
taking water;
(B) the use of the relevant works for the purposes of taking water;
(iii) in respect of a levy with respect to a site use approval—be declared with respect to 1 or both of the following:
(A) the right to use water; (B) the use of water; and
(b) levies under subsection (1)(c) may be declared with respect to 1 or both of the following:
(i) the right to take water; (ii) the water taken.
(5a) Levies may be declared, applied or imposed even if water is yet to be made available under the terms of a water access entitlement or IWETS.
(6) A levy may comprise of 1 or more components based on 1 or more of the following factors (in any combination):
(a) a fixed charge;
(b) the quantity of water allocated;
(c) the quantity of water received or taken;
(d) the quantity of water passing through any works; (e) the size, type or capacity of any works;
(f) the quantity of water used;
(g) the share of the water that makes up the relevant water resource;
(h) the area of land where water may be used, or the area of land where water is used;
(i) the effect that taking or using water has, or may have, on the environment, or some other effect or impact that, in the opinion of the Minister, is relevant and that is capable of being determined, measured or applied.
(6a) A quantity of water may be determined according to a unit, percentage, volume or proportion of water.
4.7.2016—Natural Resources Management Act 2004
Financial provisions—Chapter 5 NRM levies—Part 1 Levies in respect of water—Division 2 (7) Without limiting subsection (6)(i), in the case of the River Murray, a factor on which a
levy may be based is the effect that the use of water may have on salinity levels associated with the River Murray.
(8) Different levies may be declared in respect of the same water resource based on 1 or more of the following factors:
(a) the part of the water resource from which the water may be, or is, taken; (b) the place or location where the water may be, or is, used;
(c) the purpose for which the water may be, or is, used; (d) the manner in which the water may be, or is, used;
(e) when the right to take or use the water was granted; (f) any other factor prescribed by the regulations.
(9) For the purposes of subsection (6) or (7), the Minister may, by notice in the Gazette, determine a method or methods by which the effect that the taking or using of water is having may be determined, measured or used.
(11) The Minister may, in declaring a levy, fix a minimum amount payable by way of a levy under this section (despite a preceding subsection).
(12) If a levy that relates to the River Murray has a component based on the effect that the use of water may have on salinity levels associated with the River Murray, money raised from the levy that is attributable to that component must be applied towards reducing salinity levels associated with the River Murray.
(13) A levy cannot be imposed under this section with respect to the taking of water for domestic purposes or for watering stock that are not subject to intensive farming. (14) A notice under subsection (1)—
(a) has effect in relation to the financial year specified in the notice; and
(b) subject to subsection (15), must be published in the Gazette on or before the first day of that year.
(15) A notice under subsection (1) with respect to a watercourse, lake or well, or surface water taken from a particular area of the State, may be published in the Gazette within 1 month after the watercourse, lake or well became a prescribed watercourse, lake or well or the area became a surface water prescribed area.