2010 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for the Environment, Climate Change and Water) Water Resources Amendment Bill 2010 Contents Page 1 Name of Act 2 2 Commencement 2 3 Legislation amended 2 4 New section 7A 3 5 Water access entitlement--transfer Section 26 (2) (a) 3 6 Licence to take water--requirement Section 28 (1) to (5) 4 7 New section 28 (1) 4 8 Section 28 (6) 4 9 Section 33 heading 4 10 Section 33 (as amended) 4 11 New section 33 5 J2009-446 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 12 Bore work licence--requirement Section 37 (1) and (2) 5 13 New section 37 (1) 5 14 Bore work licence--decision on application Section 39 (2) (a) 5 15 Section 39 (2) (b) 6 16 New section 39 (3) 6 17 Waterway work licence--requirement Section 42 (1) 6 18 New section 42 (1) 6 19 Section 42 (2) 7 20 Section 47 heading 7 21 Section 47 (as amended) 7 22 New section 47 7 23 Offence--failing to produce licence Section 57 7 24 Offence--contravening licence conditions Section 58 7 25 New section 58 8 26 Offences--contravening certain conditions of licence to take water Section 59 8 27 Notice prohibiting or restricting taking of water Section 71 (6) and penalty 8 28 Direction to modify or remove water structure Section 72 (2) and penalty 8 29 Direction to rectify effect of unauthorised activity etc Section 73 (3) 8 30 Section 73 (4) and penalty 9 31 Direction to prevent or rectify damage to bed or bank of waterway Section 74 (3) 9 32 Section 74 (4) and penalty 9 33 Directions in relation to unlicensed taking of surface water Section 75 (3) and penalty 9 34 Directions in relation to bores Section 76 (3) 10 35 Section 76 (4) and (5) 10 36 New part 9A and section 77A headings 10 contents 2 Water Resources Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 37 New section 77A (6) 10 38 New section 77B (4) 10 39 New section 77C heading 11 40 New section 77C (2) 11 41 New sections 77H and 77I 11 42 Dictionary, note 2 12 Schedule 1 Consequential amendments 13 Part 1.1 Magistrates Court (Water Resources Infringement Notices) Regulation 2007 13 Part 1.2 Water Resources Regulation 2007 13 Water Resources Amendment Bill 2010 contents 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for the Environment, Climate Change and Water) Water Resources Amendment Bill 2010 A Bill for An Act to amend the Water Resources Act 2007, and for other purposes The Legislative Assembly for the Australian Capital Territory enacts as follows: J2009-446 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 1 Name of Act 2 This Act is the Water Resources Amendment Act 2010. 3 2 Commencement 4 This Act commences on a day fixed by the Minister by written 5 notice. 6 Note 1 The naming and commencement provisions automatically commence on 7 the notification day (see Legislation Act, s 75 (1)). 8 Note 2 A single day or time may be fixed, or different days or times may be 9 fixed, for the commencement of different provisions (see 10 Legislation Act, s 77 (1)). 11 Note 3 If a provision has not commenced within 6 months beginning on the 12 notification day, it automatically commences on the first day after that 13 period (see Legislation Act, s 79). 14 3 Legislation amended 15 This Act amends the Water Resources Act 2007. 16 Note This Act also amends other legislation (see sch 1). page 2 Water Resources Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 4 New section 7A 2 insert 3 7A Application of Act to national land and Googong Dam 4 Area 5 (1) For this Act, the water resources of the Territory include-- 6 (a) surface water and ground water on national land; and 7 (b) the surface water of the Googong Dam Area. 8 Note 1 Under the Australian Capital Territory (Planning and Land 9 Management Act) 1988 (Cwlth), the Territory is responsible for the 10 management or regulation, or both, of the taking of water on national 11 land (see that Act, s 29 (1) (c)). 12 Note 2 Under the Water Act 2007 (Cwlth), the surface water of the Googong 13 Dam Area is to be treated as if it were in the ACT (see that Act, s 63A) 14 and the Territory is responsible for the water resource plan for that area 15 (see that Act, s 22 (1) (Content of Basin Plan), table item 2 and div 2 16 (Water resource plans for particular water resource plan areas)). 17 (2) In this section: 18 Googong Dam Area--see the Canberra Water Supply (Googong 19 Dam) Act 1974 (Cwlth), section 3. 20 5 Water access entitlement--transfer 21 Section 26 (2) (a) 22 substitute 23 (a) the intended use of the water and the place it is proposed to be 24 used is-- 25 (i) consistent with the conditions of the entitlement; and 26 (ii) either-- 27 (A) consistent with the Territory plan; or Water Resources Amendment Bill 2010 page 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (B) approved by the authority responsible for water 2 management in the State or Territory where the 3 water is to be used; and 4 6 Licence to take water--requirement 5 Section 28 (1) to (5) 6 relocate as section 77A (1) to (5) 7 7 New section 28 (1) 8 insert 9 (1) A person must not take water from a place if the person does not 10 have a licence to take the water from the place. 11 8 Section 28 (6) 12 omit 13 This section does not apply to-- 14 substitute 15 However, a licence is not required for-- 16 9 Section 33 heading 17 substitute 18 33 Offences--do bore work without licence 19 10 Section 33 (as amended) 20 relocate as section 77B (1) page 4 Water Resources Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 11 New section 33 2 insert 3 33 Driller's licence--requirement 4 A person must not do bore work if the person does not have a 5 driller's licence to do the bore work. 6 12 Bore work licence--requirement 7 Section 37 (1) and (2) 8 relocate as section 77B (2) and (3) 9 13 New section 37 (1) 10 insert 11 (1) A person who is the owner or occupier of land must not allow bore 12 work to be done on the land if the person does not have a bore work 13 licence for the bore work. 14 14 Bore work licence--decision on application 15 Section 39 (2) (a) 16 substitute 17 (a) either-- 18 (i) the bore work is for a monitoring bore; or 19 (ii) the applicant holds a water access entitlement or 20 surviving allocation for ground water to be taken from 21 the bore; and Water Resources Amendment Bill 2010 page 5 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 15 Section 39 (2) (b) 2 omit 3 grant 4 substitute 5 issue 6 16 New section 39 (3) 7 insert 8 (3) In this section: 9 monitoring bore means a bore that-- 10 (a) enters an aquifer; and 11 (b) is used to monitor the depth and fluctuations of depth in the 12 aquifer. 13 17 Waterway work licence--requirement 14 Section 42 (1) 15 relocate as section 77C (1) 16 18 New section 42 (1) 17 insert 18 (1) A person must not do waterway work if-- 19 (a) the work adversely affects, or may adversely affect, the flow or 20 quality of water, or the aquatic habitat, in the waterway; and 21 (b) the person does not have a waterway work licence for the 22 waterway work. page 6 Water Resources Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 19 Section 42 (2) 2 omit 3 This section does not apply to 4 substitute 5 However, a waterway work licence is not required for 6 20 Section 47 heading 7 substitute 8 47 Offence--do work without recharge licence 9 21 Section 47 (as amended) 10 relocate as section 77D 11 22 New section 47 12 insert 13 47 Recharge licence--requirement 14 A person must not construct, operate or alter works for the purpose 15 of increasing the quantity of ground water if the person does not 16 have a recharge licence for the work. 17 23 Offence--failing to produce licence 18 Section 57 19 relocate as section 77E 20 24 Offence--contravening licence conditions 21 Section 58 22 relocate as section 77F Water Resources Amendment Bill 2010 page 7 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 25 New section 58 2 insert 3 58 Licence conditions--requirement 4 The holder of a licence must comply with a condition of the licence. 5 26 Offences--contravening certain conditions of licence to 6 take water 7 Section 59 8 relocate as section 77G 9 27 Notice prohibiting or restricting taking of water 10 Section 71 (6) and penalty 11 substitute 12 (6) A person must comply with a prohibition or restriction under a 13 notice under this section. 14 28 Direction to modify or remove water structure 15 Section 72 (2) and penalty 16 substitute 17 (2) A person must comply with a direction given to the person under 18 this section. 19 29 Direction to rectify effect of unauthorised activity etc 20 Section 73 (3) 21 omit 22 may 23 substitute 24 must page 8 Water Resources Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 30 Section 73 (4) and penalty 2 substitute 3 (4) A person must comply with a direction given to the person under 4 this section. 5 31 Direction to prevent or rectify damage to bed or bank of 6 waterway 7 Section 74 (3) 8 omit 9 may 10 substitute 11 must 12 32 Section 74 (4) and penalty 13 substitute 14 (4) A person must comply with a direction given to the person under 15 this section. 16 33 Directions in relation to unlicensed taking of surface 17 water 18 Section 75 (3) and penalty 19 substitute 20 (3) A person must comply with a direction given to the person under 21 this section. Water Resources Amendment Bill 2010 page 9 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 34 Directions in relation to bores 2 Section 76 (3) 3 omit 4 may 5 substitute 6 must 7 35 Section 76 (4) and (5) 8 substitute 9 (4) A person must comply with a direction given to the person under 10 this section. 11 36 New part 9A and section 77A headings 12 insert 13 Part 9A Offences 14 77A Offences--take water without licence 15 37 New section 77A (6) 16 insert 17 (6) This section does not apply if a licence is not required as mentioned 18 in section 28 (2). 19 38 New section 77B (4) 20 insert 21 (4) Subsections (2) and (3) do not apply to bore work that is exempt 22 from the requirement for a bore work licence under a regulation. page 10 Water Resources Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 39 New section 77C heading 2 insert 3 77C Offence--do waterway work without licence 4 40 New section 77C (2) 5 insert 6 (2) This section does not apply if a waterway work licence is not 7 required as mentioned in section 42 (2). 8 41 New sections 77H and 77I 9 insert 10 77H Offence--contravene notice prohibiting or restricting 11 taking of water 12 A person commits an offence if the person engages in conduct that 13 contravenes a prohibition or restriction under a notice under 14 section 71 (Notice prohibiting or restricting taking of water). 15 Maximum penalty: 100 penalty units, imprisonment for 1 year or 16 both. 17 77I Offences--contravene directions 18 (1) A person commits an offence if the person engages in conduct that 19 contravenes a direction given to the person under-- 20 (a) section 72 (Direction to modify or remove water structure); or 21 (b) section 73 (Direction to rectify effect of unauthorised 22 activity etc). 23 Maximum penalty: 100 penalty units, imprisonment for 1 year or 24 both. Water Resources Amendment Bill 2010 page 11 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (2) A person commits an offence if the person engages in conduct that 2 contravenes a direction given to the person under section 74 3 (Direction to prevent or rectify damage to bed or bank of waterway). 4 Maximum penalty: 100 penalty units. 5 (3) A person commits an offence if the person engages in conduct that 6 contravenes a direction given to the person under-- 7 (a) section 75 (Directions in relation to unlicensed taking of 8 surface water); or 9 (b) section 76 (Directions in relation to bores). 10 Maximum penalty: 50 penalty units. 11 (4) An offence against subsection (3) (b) is a strict liability offence. 12 42 Dictionary, note 2 13 insert 14 · national land page 12 Water Resources Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Magistrates Court (Water Resources Infringement Notices) Regulation Part 1.1 2007 Amendment [1.1] 1 Schedule 1 Consequential amendments 2 (see s 3) 3 Part 1.1 Magistrates Court (Water 4 Resources Infringement Notices) 5 Regulation 2007 6 [1.1] Schedule 1, items 1 to 7, column 2 7 substitute 77A (2) 77A (4) 77G (1) 77G (2) 77G (3) 77G (4) 77G (5) 8 Part 1.2 Water Resources 9 Regulation 2007 10 [1.2] Section 6 heading 11 substitute 12 6 Exemptions from requirement for licence to take water-- 13 Act, s 28 (2) (e) Water Resources Amendment Bill 2010 page 13 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.2 Water Resources Regulation 2007 Amendment [1.3] 1 [1.3] Section 10 heading 2 substitute 3 10 Exemptions from requirement for bore work licence-- 4 Act, s 37 (2) Endnotes 1 Presentation speech Presentation speech made in the Legislative Assembly on 2010. 2 Notification Notified under the Legislation Act on 2010. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2010 page 14 Water Resources Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au