Mike Elliott, Australian Democrats in the SA Parliament

	Extract from Hansard Legislative Council 6 July 1999

Mike Elliott Leader Australian Democrats Member of the Legislative Council	WATER LICENCES in UPPER SOUTH-EAST	Parliament Index
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In reply to Hon. M.J. ELLIOTT (24 March) and answered by letter on 19 June 1999.

The Hon. DIANA LAIDLAW:The Minister for Environment and Heritage has provided the following information:

Restrictions on the use of groundwater within 9 Hundreds in the Tintinara/Coonalpyn area were put into effect from 13 January 1999. The action was taken as a result of increasing pressures on the resource. The taking of groundwater for other than stock and domestic use, fighting fires or for reticulated supplies of potable water to townships in the area, is prohibited during the 12 months from 13 January 1999 (being the date the Notice of Restriction had effect) unless authorised in writing in accordance with the terms of the Notice and the policy guidelines approved by the Minister for Environment and Heritage. These policy guidelines provide for a written authorisation to take water to be granted in the circumstances set out in the guidelines. To paraphrase these guidelines, the circumstances are where there is evidence of existing use, a demonstrated prior financial commitment, or evidence of a pre-existing proposal or plan for the use of groundwater.

A land use survey to determine existing use was undertaken over 2 weeks from 27 February and 56 existing users were identified. Written submissions were invited from anyone who believed that they may be entitled to be granted an authorisation to take water in accordance with the provisions of the policy guidelines. These submissions were received until 30 March 1999, however it was never intended that all assessments be held in abeyance until the expiry of that date.

Work is advanced in both the assessment of existing users identified in the survey and submissions received with the view to the timely issuing of authorisations to those who meet the policy guidelines. These submissions are being evaluated against the policy guidelines and the Criteria For The Issue Of Approvals For The Taking Of Water In The Tintinara-Coonalpyn Restricted Area approved by the Minister for Environment and Heritage. The authorisations will be issued for the use of water in the period of the restriction under Section 16 and it is not a water allocation under the Water Resources Act 1997 (which only applies to prescribed areas).

Kangaringa Proprietors notified the Department for Environment, Heritage and Aboriginal Affairs in a letter of 14 December 1998 of its plan to develop an olive grove in the Hundred of Makin and of its option to purchase land for this purpose subject to conditions being met by March 1999. This included a development application to be considered by the Tatiara District Council. The proposal was assessed in terms of the policy guidelines (and criteria) approved by the Minister for Environment and Heritage and a letter of authority was issued for the term of the restriction to the extent of existing irrigation on the property and for irrigation clearly demonstrated in a prior plan. The authorisation requires the developer to carry out further investigations on the likely hydrogeological impact of current and proposed developments.

This case is not an exceptional case and has been assessed against the policy guidelines (and criteria) approved by the Minister for Environment and Heritage as will all other submissions. Not to consider the case in a timely manner would have caused unnecessary interference in a planned business transaction when the ultimate outcome in terms of granting an authorisation to take water in accordance with the policy guidelines would have been unchanged.

Officers within the Department have been given delegated authority to assess and grant written approvals for the taking of water in accordance with policy guidelines. The letter of authorisation issued to Kangaringa Proprietors was assessed in accordance with the approved policy guidelines (and criteria) and the terms of the delegation. As the matter was dealt with under delegated authority, the Minister for Environment and Heritage was neither aware of this authorisation nor involved in the assessment in any way.

The assessment of other cases in the Tintinara/Coonalpyn area is well advanced and, where they conform with the policy guidelines, authorisation to take water during the period of restriction will be issued without reference to the Minister for Environment and Heritage. Any case which does not fall within the policy guidelines will be referred to the Minister for Environment and Heritage for consideration (as is required by the policy itself) and the Minister for Environment and Heritage has approved the formation of an advisory group to assist her in the assessment of these applications.