The south australian government gazette

Under s 99, the making of a draft determination and related draft rule on the Application of offsets in the Prudential Margin Calculation proposal (Ref. ERC0188). Written requests for a pre-determination hearing must be received by 7 July 2016. Submissions must be received by 11 August 2016.

Submissions can be made via the AEMC’s website. Before making a submission, please review the AEMC’s privacy statement on its website. Submissions should be made in accordance with the AEMC’s guidelines for making written submissions on Rule change proposals. The AEMC publishes all submissions on its website, subject to confidentiality.

Written requests should be sent to submissions@aemc.gov.au and cite the reference in the title. Before sending a request, please review the AEMC’s privacy statement on its website.

Documents referred to above are available on the AEMC’s website and are available for inspection at the AEMC’s office.

Australian Energy Market Commission

Level 6, 201 Elizabeth Street

Sydney NSW 2000

Telephone: (02) 8296 7800

30 June 2016.

NATIONAL PARKS AND WILDLIFE

(NATIONAL PARKS) REGULATIONS 2001

Temporary Partial Closure of Ewens Ponds Conservation Park

PURSUANT to Regulations 8 (3) (a) of the National Parks and Wildlife (National Parks) Regulations 2001, I, James Timothy Collins, as Regional Director Natural Resources South East, authorised delegate of the Director of National Parks and Wildlife, close to the public, part of Ewens Ponds Conservation Park from:

6 a.m. on Monday, 29 August 2016 until 6 p.m. on Tuesday, 29 November 2016.

The closure applies to all bodies of water in the reserve. As such, no diving or swimming is permitted in the Ponds during the closure period.

The purpose of the closure is for the proper management of the reserve during the period indicated.

Dated 28 June 2016.

Natural Resources South East

Department of Environment

Water and Natural Resources

NATURAL RESOURCES MANAGEMENT ACT 2004

TAKE note that the notices made under Section 45 of the Natural Resources Management Act 2004 and published in the South Australian Government Gazette on page 881, dated 9 March 2006, and on page 2838, dated 18 June 2009, referring to the designation and variation of three areas within the Northern and Yorke Natural Resources Management Region as areas within which an NRM group will operate, are hereby revoked.

Dated 30 June 2016.

E. Sommerville, Presiding Member,

Northern and Yorke Natural

Resources Management Board

NATURAL RESOURCES MANAGEMENT ACT 2004

TAKE note that the notice made under Section 46 of the Natural Resources Management Act 2004 and published in the South Australian Government Gazette on page 881, dated 9 March 2006, referring to the establishment of three NRM groups within the Northern and Yorke Natural Resources Management Region, is hereby revoked.

Pursuant to Section 46 (4) of the Natural Resources Management Act 2004 and with the specific approval of the Minister for Sustainability, Environment and Conservation, the assets, rights and liabilities of the:

Northern and Yorke NRM—Upper North Group

Northern and Yorke NRM—Lower North Group

Northern and Yorke NRM—Yorke Peninsula Group

are vested in the Northern and Yorke Natural Resources Management Board.

Dated 30 June 2016.

Northern and Yorke Natural

Resources Management Board

NATURAL RESOURCES MANAGEMENT ACT 2004

PURSUANT to Section 128 of the Natural Resources Management Act 2004 (‘the Act’), I, Ian Hunter, Minister for Sustainability, Environment and Conservation (the ‘Minister’) to whom the Act is committed, hereby authorise the taking of groundwater from the Central Adelaide Prescribed Wells Area prescribed under the Natural Resources Management (Central Adelaide—Prescribed Wells Area) Regulations 2007 from the wells specified in Schedule A, for the purpose set out in

Well unit numbers 6627-14370, 6627-14455, 6627-14456, 6627-14462, 6627-14457 and 6627-14458 located in the Hundred of Noarlunga.

For industrial, commercial and/or irrigation purposes.

1. A maximum total volume of 640 000 kilolitres of water may be taken from the wells specified in Schedule A during each water use year for the period of this authorisation.

2. The maximum drawdown from the wells in Schedule A must not exceed 50 metres below ground level.

3. The water user must not take water except through a meter supplied, installed and maintained in accordance with the South Australian Licensed Water Use Meter Specification approved by the Minister, as may be amended from time to time.

4. Meter readings must be used to determine the quantity of water taken.

5. The water user must supply a meter reading(s) to the Minister or the Minister’s agent during the first seven calendar days of July in each water use year.

6. The water user must notify the Minister or the Minister’s agent immediately if a meter fails to measure or record any quantity of water taken under this authorisation or if there is any reason to suspect that a meter may be defective.

7. The water user must develop and maintain a Managed Aquifer Recharge Risk Management Plan to the satisfaction of the Minister or the Minister’s agent.

The water user must comply with the provisions applying to meters set out in Regulation 14 of the Natural Resources Management (Financial Provisions) Regulations 2005. It is an offence to contravene or fail to comply with those provisions.

For the purposes of this authorisation:

Words used in this authorisation that are defined in the Act shall have the meanings as set out in the Act.

This authorisation will commence on the date below and will remain in effect until 30 June 2018, unless earlier varied or revoked.

Dated 24 June 2016.

Environment and Conservation

NATURAL RESOURCES MANAGEMENT ACT 2004

Notice of Establishment of a Carry-over Policy for the

River Murray Prescribed Watercourse

PURSUANT to Section 152 (7) (b) of the Natural Resources Management Act 2004 (‘the Act’), I, Ian Hunter, Minister for Sustainability, Environment and Conservation, in the State of South Australia and Minister to whom the administration of the Act is committed, hereby establish a carry-over policy in relation to the River Murray Prescribed Watercourse outlined in

This policy details how the Minister for Sustainability, Environment and Conservation will (pursuant to the Natural Resources Management Act 2004), determine how South Australian River Murray Entitlement Flow deferred under Schedule G of the Murray Darling Basin Agreement (and held in South Australia’s Storage Right account), will be granted as private carry-over to eligible water access entitlement holders.

1. Private carry-over may only be granted in the current water-use year to those who held a South Australian water access entitlement on 30 June of the previous water-use year, subject to Criteria 2-6.

2. Private carry-over is available in respect of water allocations for the following classes of water access entitlement shares:

• Class 3a (previously, Irrigation and holding not in the Qualco Sunlands Groundwater Control Area);

• Class 3b (previously, Irrigation and holding in the Qualco Sunlands Groundwater Control Area);

• Class 4 (previously, Recreation); and

• Class 7 (previously, Environment (The Living Murray)).

3. Private carry-over is not available in respect of:

• water allocations for critical human water needs that relate to any of the following classes of water access entitlement shares:

▪ Class 1 (previously Stock and/or Domestic);

▪ Class 2 (previously Country Towns);

▪ Class 5 (previously Industrial); and

▪ Class 6 (previously Metropolitan Adelaide).

• water allocations that relate to Class 8 (previously Environmental Land Management) water access entitlement shares, as the water allocated may only be taken in the year of allocation for land management purposes within the Lower Murray Reclaimed Irrigation Area.

4. Private carry-over may only be granted in respect of an individual water access entitlement holder if water has been taken through a fully operational flow recording meter for the whole of the water-use year for which carry-over is determined, unless the quantity of water taken can be determined on another basis to the satisfaction of the Minister.

5. Water access entitlement holders who meter their water-use must provide to the Department of Environment, Water and Natural Resources (the Department) their final water meter reading(s) for the quantity of water taken during the previous water-use year, and the final water meter reading(s) must have been received by the Department by no later than 31 July of the current water-use year. This is to ensure that carry-over can then be granted to eligible account holders as soon as reasonably practicable.

6. Holders of water access entitlements for environmental purposes who cannot meter their water-use, must also provide to the Department their final estimate(s) of water-use for the previous water-use year, and the final estimate(s) must have been received by the Department by no later than 31 July of the current water-use year.

Carry-over Entitlement

7. Any unused water allocation at the end of the current water-use year may potentially be available as private carry-over in the following water-use year (subject to Criteria 1).

8. The volume of private carry-over granted in respect of an individual South Australian water access entitlement will be based on the volume of unused water allocation at 30 June, up to a volume equivalent to 20 percent of that water access entitlement.

9. In making a determination on whether carry-over is to be granted, the Minister shall have regard to information provided by the Murray-Darling Basin Authority, and consider only making private carry-over available when there is a low likely risk (less than a 10 percent chance) forecast that the water stored for carry-over will spill from the storage in which it is held over the remainder of the water-use year in which carry-over is to be granted.

10. The maximum volume of carry-over that may be granted to a water access entitlement holder will be determined on the following basis:

Carry-over Volume equals (=) Unused Allocation less (–) Storage Loss

Where:

Carry-over Volume = the volume of carry-over allocation to be granted to an eligible water access entitlement holder.

Storage Loss = a volume equivalent to 5 percent of the Unused Allocation.

11. Subject to Criteria 9, if there is sufficient deferred water made available by the Minister for the purpose of private carry-over to provide for the maximum carry-over volume as specified in Criteria 10, that volume will be granted as carry-over to eligible water access entitlement holders.

12. Subject to Criteria 9, if there is insufficient deferred water made available by the Minister for the purpose of private carry-over to grant the maximum volume of carry-over as specified in Criteria 10, a water access entitlement holder will be granted a proportional share of the volume of deferred private carry-over that is made available. The proportional share is to be calculated as follows:

Carry-over Volume equals (=) Proportional Share less (-) Storage Loss

Where:

Proportional Share equals (=) Unused Allocation multiplied by (x) Volume of Deferred Water Made Available for Private Carry-over, where:

• 
  Unused Allocation = a water access entitlement holder’s eligible unused water allocation (up to a maximum of 20 percent of water access entitlement)
  
• 
  Volume of Deferred Water Made Available for Private Carry-over = the volume of deferred water made available by the Minister for the purpose of private carry-over divided by (÷) the total volume of all eligible water access entitlement holders’ Unused Allocations
  

Example:

Proportional Share				Storage Loss
200 ML A water access entitlement holder’s Unused Allocation (up to a maximum of 20 percent of water access entitlement)	x	60 000 ML Volume of deferred water made available by the Minister for the purpose of private carry-over ___________________ 70 000 ML Total volume of all eligible water access entitlement holders’ Unused Allocation	-	Volume equivalent to 5 percent of the Propor-tional Share

Unused Allocation for Irrigator A = 200 ML

Volume of deferred water made available by the Minister for the purpose of private carry-over = 60 000 ML (60 GL)

Total volume of all eligible water access entitlement holder’s Unused Allocation = 70 000 ML (70 GL)

200 x 60 000 - 5 percent = (200 x 0.857) – 5 percent = 162.857 ML

70 000

14. There will be no impact or adjustment made to the volume of private carry-over granted to a water access entitlement holder if some or all of the private carry-over in storage is released through a pre-release or a physical spill during the water use year.

15. Water allocation granted as private carry-over may be transferred interstate or intrastate, subject to any allowable restriction on water allocation trade under the Basin Plan Water Trading Rules and the rules for transferring a water allocation in Section 157 of the Natural Resources Management Act 2004.

Implementation of Private Carry-over

16. No application for a private carry-over volume is required.

17. The volume of private carry-over granted in respect of an individual water access entitlement will be calculated as soon as possible after 31 July, following the provision of information by water access entitlement holders per Criteria 5 and Criteria 6 and in accordance with any private carry-over volume determined to be available by the Minister.

18. Private carry-over can be determined to be available by the Minister only after volumes in the Storage Right Account are available to South Australia.

19. Water granted as private carry-over will be delivered during the water-use year in which it is granted, subject to operational and delivery considerations.

20. Resource and storage conditions across the River Murray system can change quickly in response to either high or low flows. The volume granted to eligible water access entitlement holders as private carry-over depends on the volume of Entitlement Flow that the South Australian Government has been able to defer and store as private carry-over. There is no guarantee that private carry-over will be granted in the current water-use year to water access entitlement holders who held unused water allocation on 30 June of the previous water-use year.

This policy is guided by Section 152 (7) (b) of the Natural Resources Management Act 2004 (SA); Clause 91 and Schedule G of the Murray Darling Basin Agreement (Schedule 1 of the Water Act 2007 (Cth)), and meeting requirements under Chapter 11 and 12 of the Basin Plan 2012 (Cth).

A review of the operation and implementation of this policy will be undertaken by the Department by 30 June 2018, or otherwise by a date specified by the Minister.

‘Deferred water’ means

‘Operational and Delivery Considerations’ include channel capacity constraints and likely carry-over requirements for the following water-use year.

‘Private Carry-over’ means a volume of allocations made available in a year for use under an entitlement, and not used in the year, but that may be made available to the holder of the entitlement for use in a subsequent year.

MDB Agreement Clause 2

‘South Australian Entitlement Flow’ means the monthly quantities of River Murray water South Australia is entitled to receive.

‘Storage Right Account’ means the account that South Australia holds with the Murray‐Darling Basin Authority via which the storage and delivery of critical human water needs and private carry-over is managed in accordance with Schedule G to the Agreement. The availability of deferred water in this account is subject to any special inter-jurisdictional water sharing arrangements that may be required under Schedule H (Water Sharing During Tiers 2 and 3) of the Murray Darling Basin Agreement.

‘Unused water allocation’ means the volume held in a water account at the end of the water-use year (30 June) that relates to a South Australian water access entitlement. It may comprise water allocated against the water access entitlement, volumes of private carry-over granted by the Minister and/or water traded to the water account from intrastate or interstate.

‘Water access entitlement’ means an entitlement to gain access to a share of the consumptive pool to which the water access entitlement relates.

‘Water Account’ means an account upon which annual water allocations are made.

‘Water-use Year’ means the period from 1 July in any calendar year to 30 June in the following calendar year.

‘Water Resource Works Approval’ means the permission to construct, operate and maintain works for the purpose of taking prescribed water at a particular location, in a particular manner.

Dated 24 June 2016.

Environment and Conservation

NATURAL RESOURCES MANAGEMENT ACT 2004

Notice to declare the designated day for the Southern Basins

and Musgrave Prescribed Wells Areas

FOR the purposes of Regulation 47 (2), of the Natural Resources Management (General) Regulations 2005, I, Ian Hunter, Minister for Sustainability, Environment and Conservation in the State of South Australia and Minister to whom the administration of the Act is committed, being satisfied that the Water Allocation Plan for the Southern Basins and Musgrave Prescribed Wells Areas has been amended to take into account the operation of Part 3 of the Natural Resources Management (Water Resources and Other Matters) Amendment Act 2007, declare the designated day for the Southern Basins and Musgrave Prescribed Wells Areas to be the

Dated 28 June 2016.

Environment and Conservation

OUTBACK COMMUNITIES AUTHORITY

NOTICE is hereby given that at a meeting on 16 June 2016, the Outback Communities Authority, for the financial year ending 30 June 2017 and in exercise of the powers contained in Division 2, Part 3 of the Outback Communities (Administration and Management) Act 2009, resolved as follows:

To declare a community contribution for the rateable land in:

• the township of Iron Knob.

Purpose of Community Contribution

Declare a fixed charge of $240 per property unit on rateable land for the purposes of raising revenue for the provision of services and support to the community of Iron Knob.

Pursuant to Section 181 (2) of the Local Government Act 1999, that the community contribution is payable in four equal or approximately equal instalments as follows:

• first instalment, payable on 15 September 2016;

• second instalment, payable on 15 December 2016;

• third instalment, payable on 15 March 2017; and

• fourth instalment, payable on 15 June 2017.

M. R. Sutton, Director

OUTBACK COMMUNITIES AUTHORITY

NOTICE is hereby given that at its meeting on 16 June 2016, the Outback Communities Authority, for the financial year ending 30 June 2017 and in exercise of the powers contained in Division 2, Part 3 of the Outback Communities (Administration and Management) Act 2009, resolved as follows:

To declare a community contribution for the rateable land over:

• the township of Andamooka;

• those sites immediately adjacent the town of Andamooka not within the Andamooka Precious Stones Field or excluded from the operation of the Opal Mining Act 1995 held in Fee Simple, occupied under Crown Lease or Licence, and

• those portions of Section 1500, Out of Hundreds (Andamooka), occupied under Crown Licence (known as White Dam).

Purpose of Community Contribution

Declare a fixed charge of $400 per property unit on rateable land for the purposes of raising revenue for the provision of services and support to the community of Andamooka.

Pursuant to Section 181 (2) of the Local Government Act 1999, that the community contribution is payable in four equal or approximately equal instalments as follows:

• first instalment, payable on 15 September 2016;

• second instalment, payable on 15 December 2016;

• third instalment, payable on 15 March 2017; and

• fourth instalment, payable on 15 June 2017.

M. R. Sutton, Director

PETROLEUM AND GEOTHERMAL ENERGY ACT 2000

PURSUANT to Section 90 of the Petroleum and Geothermal Energy Act 2000, notice is hereby given that the suspension of PEL 512 dated 25 February 2016 has been ceased under the provisions of the Petroleum and Geothermal Energy Act 2000, with effect from 28 June 2016, pursuant to delegated powers dated 21 March 2012.

The expiry date of PEL 512 is now determined to be 5 October 2019.

Dated 22 June 2016.

B. A. Goldstein, Executive Director,

Energy Resources Division,

Department of State Development,

Delegate of the Minister for Mineral Resources and Energy

PUBLIC CORPORATIONS ACT 1993

1. Pursuant to Section 6 of the Public Corporations Act 1993 (Public Corporations Act), and Sections 6 and 7 (2) (f) of the SA Water Corporation Act 1994, the South Australian Water Corporation (SA Water) is subject to control and direction by its Minister, and has the functions conferred on it by its Minister.

2. The South Australian Water Corporation Act 1994, is committed to the Minister for Water and the River Murray (the Minister) by way of Gazettal notice dated
21 October 2011 (p 4289).

3. Part 9A of the Water Industry Act 2012 (Water Industry Act), which commenced on 1 July 2016, provides a negotiate/arbitrate framework for third party access to water infrastructure or sewerage infrastructure and infrastructure services.

4. Part 9A applies in relation to operators of water infrastructure or sewerage infrastructure and infrastructure services to the extent that it is declared by proclamation to apply to:

a) specified water infrastructure or sewerage infrastructure, or a specified class of such infrastructure; or

b) specified infrastructure services or a specified class of such services.

5. By proclamation dated 16 June 2016, the Governor made a declaration in relation to the extent to which Part 9A applied to SA Water’s water infrastructure and sewerage infrastructure and infrastructure services.

6. In accordance with Section 86P (1) (j) of the Water Industry Act, an arbitrator, to whom a dispute is referred pursuant to Part 2 of the Water Industry Act, must take into account any direction given to SA Water by its Minister under Section 6 of the Public Corporations Act that is relevant to the arbitration.

Interpretation:

Avoidable costs means the costs that SA Water would otherwise incur in the provision of retail services to the customer(s) that SA Water could avoid in the long term if it completely ceased provision of the retail service to the customer(s).

Customer(s) means the customer(s) to whom the proponent proposes to provide retail services, or alternatively is providing retail services, whether directly or indirectly.

Designated services means all infrastructure services using SA Water’s infrastructure except SA Water’s infrastructure that is used solely for the transportation of recycled water.

Retail-minus methodology means SA Water’s retail fees and charges per customer calculated in accordance with the state-wide price for retail services minus SA Water’s avoidable costs for the designated services, plus any facilitation costs to provide the designated services.

Retail services has the meaning attributed to it under the Water Industry Act.

State wide price means the prices published from time to time in the South Australian Government Gazette that apply the Statewide Pricing Facility pursuant to a Section 6 direction of the Public Corporations Act.

Water has the meaning attributed to it under the Water Industry Act.

Direction:

I, IAN HUNTER, Minister for Water and the River Murray, direct SA Water to determine prices for access to designated services on the basis of a charge per customer calculated using a retail-minus methodology unless otherwise approved by me.

Dated 24 June 2016.

Ian Hunter,

Minister for Water and The River Murray

ROAD TRAFFIC ACT 1961

I, GRANT STEVENS, Commissioner of Police, do hereby notify that on and from 21 June 2016, the following persons were authorised by the Commissioner of Police to conduct oral fluid analyses as defined in and for the purposes of the:

Road Traffic Act 1961;

Harbors and Navigation Act 1993; and

Rail Safety National Law (South Australia) Act 2012.

PD Number	Officer Name
94034	Hirst, John Adrian
36005	McDonald, Robert Brian
74351	Rasche, Tate Max
77787	Sedunary, Dwain Eric
73384	Sherratt, David Paul
72396	Sully, Robert John
72901	Sweet, Corey

Grant Stevens, Commissioner of Police

ROAD TRAFFIC ACT 1961

I, GRANT STEVENS, Commissioner of Police, do hereby notify that on and from 21 June 2016, the following persons were authorised by the Commissioner of Police to conduct drug screening tests as defined in and for the purposes of the:

Road Traffic Act 1961;

Harbors and Navigation Act 1993; and

Rail Safety National Law (South Australia) Act 2012.

PD Number	Officer Name
74351	Rasche, Tate Max
72396	Sully, Robert John
72901	Sweet, Corey

Grant Stevens, Commissioner of Police

SOUTH AUSTRALIAN HOUSING TRUST ACT 1995

PURSUANT to Section 9 of the Administrative Arrangements Act 1994, I, Stephen Mulligan, the Minister for Housing and Urban Development being the Minister to whom administration of the South Australian Housing Trust Act 1995, is committed, delegate to the Honourable Leesa Vlahos, Minister for Disabilities, all my powers and functions under Section 8 of the South Australian Housing Trust Act 1995, in relation to the CBD Disability Respite Facility (located on the corner of Pitt Street and Franklin Street, Adelaide).

Dated 21 June 2016.

Stephen Mullighan,

Minister for Housing and Urban Development