South Australia
Natural Resources Management (Financial Provisions) Regulations 2005
under the Natural Resources Management Act 2004

Contents
Part 1—Preliminary
1	Short title
3	Interpretation
Part 2—Financial matters
4	Interest payable by councils
5	Interest payable in cases of default
6	Levy first charge on land
7	Form of consent—special purpose water levy
8	Recovery costs
8A	Refund of levies
9	Recovery of penalty under section 115
10	NRM Fund
Part 3—Meters
11	Supply and installation of meters
12	Meters owned by the Minister
13	Meters owned by other persons
14	Provisions applying to meters generally
15	Requirements as to installation, repair etc of meters
16	Testing requirements
17	Compliance with Part
Schedule 1—Fees
Legislative history

Part 1—Preliminary
1—Short title
These regulations may be cited as the Natural Resources Management (Financial Provisions) Regulations 2005.
3—Interpretation
In these regulations—
Act means the Natural Resources Management Act 2004;
prime bank rate for a particular financial year means the corporate loan reference rate applied by the Commonwealth Bank of Australia for corporate lending on the first trading day of the Bank in that financial year.

Part 2—Financial matters
4—Interest payable by councils
Interest accrues under section 93(1) of the Act from the date on which the instalment was payable under that section at the prime bank rate for the relevant financial year, calculated in respect of each month (or part of a month) for which the relevant amount remains unpaid.
5—Interest payable in cases of default
	(1)	Interest accrues on an unpaid levy and on an unpaid instalment of levy under section 110 of the Act from the date stated for payment of the levy or instalment in the notice imposing the levy or instalment.
	(2)	Interest accrues on unpaid interest under section 110 of the Act at six monthly intervals from the date referred to in subregulation (1).
	(3)	Any interest—
	(a)	that accrues under subregulation (1) or (2); or
	(b)	that is liable to be paid under section 123(16), 183(13), 185(4), 194(5)(a), 196(5)(a) or 197(9)(a) of the Act,
will be interest equal to the prime bank rate for the relevant financial year, calculated in respect of each month (or part of a month) for which the relevant amount remains unpaid.
6—Levy first charge on land
	(1)	The charge created by section 112 of the Act will correspond to a mortgage in favour of the Minister over the relevant land that ranks ahead of any registered mortgage, encumbrance or charge.
	(2)	For the purposes of subregulation (1), the relevant land is—
	(a)	in the case of an OC-NRM levy—the land in respect of which the levy has been imposed;
	(b)	in the case of an NRM water levy—the land where the water is used or applied.
7—Form of consent—special purpose water levy
The consent referred to in section 103(5) of the Act must be in a form determined by the Minister.
8—Recovery costs
	(1)	The Minister may from time to time, by notice in the Gazette, determine a charge that may be imposed on account of any steps that may be taken by the Department in the administration of the Act if a person fails to pay an NRM water levy in accordance with the requirements of the Act.
	(2)	The charge must not exceed the Minister's determination of the reasonable costs to the Department in taking the relevant steps.
	(3)	The charge will be recoverable as a debt due to the Crown.
8A—Refund of levies
	(1)	In this regulation—
donation means a gift for no consideration.
environmental donations licence means an environmental donations licence under the Natural Resources Management (General) Regulations 2005;
	(2)	For the purposes of section 114 of the Act—
	(a)	the donation of the whole or a part of a water allocation of a water licence to the holder of an environmental donations licence (so that the allocation can be assigned to that licence); and
	(b)	the variation of the conditions endorsed on a water licence so that the licence will become an environmental donations licence,
are recognised as natural resources management practices on which an application for a refund of a water levy may be based.
	(3)	The maximum proportion of a water levy that may be subject to a refund (the eligible levy amount) is equal to the proportion of the allocation donated, or within the ambit of the relevant condition, in the manner contemplated by subregulation (2).
	(4)	The amount of any refund will be determined according to the following table:

Date within the relevant financial year on which the donation or variation of conditions takes effect	Percentage of eligible levy amount payable	
1 July—10 July	100	
11 July—31 October	75	
1 November—31 January	50	
1 February—31 March	25	
1 April—30 June	0	
	(5)	To avoid doubt, an application may be made under this regulation with respect to a water levy declared for the 2005/2006 financial year.
9—Recovery of penalty under section 115
Pursuant to section 115(5) of the Act, the following sections of Chapter 5 of the Act are prescribed:
	(a)	section 106;
	(b)	section 110;
	(c)	sections 112 and 113;
	(d)	section 116.
10—NRM Fund
For the purposes of section 117(2)(e) of the Act, the prescribed percentage is 100%.

Part 3—Meters
11—Supply and installation of meters
	(1)	In order to determine the quantity of water taken for the purposes of the Act the Minister may—
	(a)	supply, install or seal a meter; or
	(b)	by written notice, direct a person to supply or install a meter.
	(2)	The Minister may require—
	(a)	an owner of land on which a meter supplied by the Minister is installed; or
	(b)	the holder of a water licence under which water taken under the licence will be measured by a meter supplied by the Minister (if not an owner of the land),
to pay any costs involved with the supply, installation or sealing of the meter, which will then become a debt due by the owner or the holder of the licence (as the case requires) to the Crown.
	(3)	A meter supplied by the Minister remains the property of the Minister unless all relevant costs are paid under subregulation (2) or the Minister transfers property in the meter to another person.
12—Meters owned by the Minister
	(1)	The holder of a water licence in respect of which a meter owned by the Minister is used to measure the quantity of water taken under the licence is liable for rent for the meter at the rate prescribed in Schedule 1.
	(2)	The Minister may enter land on which a meter owned by the Minister is installed to read, inspect, service, maintain, seal, repair or replace the meter.
13—Meters owned by other persons
	(1)	The Minister may enter land on which a meter owned by a person other than the Minister is installed to read, inspect or seal the meter.
	(2)	The Minister may, by notice in writing, direct a person to service, maintain, repair, replace or adjust a meter being used by the person if in the Minister's opinion such action is necessary.
14—Provisions applying to meters generally
	(1)	Where a meter is used to measure the quantity of water taken at a particular place then—
	(a)	a person must not take water except through the meter;
	(b)	a person must not adjust or alter the meter, or tamper with a seal fixed to the meter, without the authority of the Minister;
	(c)	a person must not damage or destroy the meter;
	(d)	a person must not—
	(i)	cut through or into a pipe to which this paragraph applies;
	(ii)	install a fitting providing access to the inside of a pipe to which this paragraph applies;
	(iii)	change the configuration of, remove, or interfere in any other way with, a pipe to which this paragraph applies,
without the authority of the Minister.
	(2)	Subregulation (1)(d) applies to—
	(a)	the pipe connecting the water resource from which water is taken to the meter; and
	(b)	the pipe on the other side of the meter to (and including) the S bend in the pipe or, where there is no S bend, the first T junction or elbow in the pipe, or any other distance of pipe determined in accordance with a specification approved by the Minister.
	(3)	A person must not—
	(a)	remove a meter without the authority of the Minister;
	(b)	replace a meter without the authority of the Minister.
	(4)	In addition, any responsible person in relation to a meter—
	(a)	must not permit sand, soil or any other material to be deposited on or around the meter; and
	(b)	must not permit deposits of sand, soil or any other material to build up around the meter; and
	(c)	must keep vegetation cleared away from the meter.
	(5)	If a meter is damaged or destroyed, a responsible person in relation to the meter must, at the written direction of the Minister, repair or replace the meter.
	(6)	In this regulation—
responsible person in relation to a meter means—
	(a)	an owner of land on which the meter is installed, other than the Crown or an agency or instrumentality of the Crown; and
	(b)	the holder of the water licence under which water taken under the licence is measured (or supposed to be measured) by the meter.
15—Requirements as to installation, repair etc of meters
	(1)	If a person is required to comply with a direction under this Part to supply and install a meter or to replace a meter, the new meter must be rated by the manufacturer to an accuracy of at least plus or minus 2 per cent.
	(2)	If a person is required to comply with a direction under this Part to install a meter, the meter must be installed in accordance with specifications approved by the Minister.
	(3)	If a person is required to comply with a direction under this Part to service, repair, replace or adjust a meter, the person must employ a competent person approved by the Minister to do the work and the work must be done in accordance with specifications approved by the Minister.
	(4)	A person who is required to comply with a direction under this Part to service or repair a meter must ensure that only parts that are supplied or approved by the manufacturer of the meter are used.
	(5)	If a person is required to comply with a direction under this Part to maintain a meter, he or she must maintain the meter in accordance with specifications approved by the Minister.
16—Testing requirements
	(1)	The following requirements are prescribed for the purposes of section 106(5) of the Act.
	(2)	The Minister must be given notice (in a manner and form determined by the Minister) at least 48 hours before the commencement of work to remove a meter for testing.
	(3)	The security seals attached to the meter may only be removed by a person approved by the Minister.
	(4)	The meter must be read—
	(a)	by a person approved by the Minister; or
	(b)	by the relevant person,
immediately before it is removed.
	(5)	The reading obtained under subregulation (4) must be provided in writing to the Minister within a period determined by the Minister.
	(6)	The meter must be tested by a competent person approved by the Minister.
	(7)	The meter must be tested within 5 business days after it is removed or within a longer period determined by the Minister.
	(8)	The meter must be tested in accordance with any specifications determined by the Minister.
	(9)	A certificate relating to the testing must be provided to the Minister within 10 business days after the meter is tested or within a longer period determined by the Minister.
	(10)	The certificate must be in a form determined or approved by the Minister.
	(11)	If the meter is found to be outside an accuracy rating of plus or minus 2 per cent, the meter must not be reinstalled unless or until—
	(a)	the meter is refurbished in accordance with a specification determined by the Minister; and
	(b)	the Minister is provided with a certificate of accuracy (certifying the accuracy of the meter to plus or minus 2 per cent).
	(12)	The meter must be reinstalled in accordance with specifications approved by the Minister.
	(13)	The meter must, on being reinstalled, be sealed by a person approved by the Minister.
	(14)	The meter must be read—
	(a)	by a person approved by the Minister; or
	(b)	by the relevant person,
immediately after it is reinstalled.
	(15)	The reading obtained under subregulation (14) must be provided in writing to the Minister within a period determined by the Minister.
	(16)	Despite a preceding subregulation, a meter may be tested without being removed if the Minister gives his or her approval to this course of action.
	(17)	In this regulation—
relevant person means the person who is liable to pay the relevant levy, as contemplated by section 106(5) of the Act.
17—Compliance with Part
	(1)	A person who fails to comply with a direction of the Minister under this Part or who contravenes or fails to comply with a provision of this Part is guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $250.
	(2)	Subregulation (1) does not apply in relation to regulation 16 (which is subject to enforcement under section 106(5) of the Act).
	(3)	If a person fails to comply with a direction of the Minister under this Part or contravenes or fails to comply with a provision of this Part, the Minister may enter the land concerned and take such action as the Minister thinks fit to remedy the contravention or failure and the Minister's costs will be a debt due to the Crown by the person who has contravened or failed to comply with the provision or failed to comply with the direction.

Schedule 1—Fees

1	Rent for meter for a period of 12 months or less ending on 30 June—		
	Nominal size of meter—		
		(a)	less than 50mm	$146	
		(b)	50 to 100mm	$212	
		(c)	150 to 175mm	$314	
		(d)	200 to 380mm	$357	
		(e)	407 to 610mm	$430	
2	Fee for testing meter under section 106(4) of the Act	Estimated cost determined by the Minister	
3	Fee for reading meter at request of licensee	Estimated cost determined by the Minister	

Legislative history
Notes
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
2005	153	Gazette 30.6.2005 p2232	1.7.2005: r 2	
2005	243	Gazette 24.11.2005 p4018	24.11.2005: r 2 	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
Pt 1			
r 2	omitted under Legislation Revision and Publication Act 2002	24.11.2005	
Pt 2			
r 8A	inserted by 243/2005 r 4	24.11.2005