Australian Capital Territory Consolidated Acts

WATER RESOURCES ACT 2007 - NOTES

Dictionary

(see s 3)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     ACAT

              •     daily newspaper

              •     environment protection authority

              •     function

              •     home address

              •     infringement notice

              •     national land

              •     reviewable decision notice.

"aquifer" means a geological formation or structure, or an artificial landfill, permeated or capable of being permeated (whether permanently or intermittently) with water.

"authorised officer" means an authorised officer under the Environment Protection Act 1997, section 14 (3).

"authority" means the environment protection authority.

"bore" means a bore, hole, well, excavation or other opening in the ground or an underground cavity (whether occurring naturally or having been artificially constructed or modified)—

        (a)     that is used, or is capable of being used, to intercept or collect ground water; or

        (b)     from which ground water is, or is capable of being, obtained or used; or

        (c)     that is used, or is capable of being used, for the disposal of water or waste below the surface of the ground; or

        (d)     that extends into an aquifer.

"bore work" means any of the following:

        (a)     drilling, constructing, altering, plugging, backfilling or sealing off a bore;

        (b)     removing, replacing, altering, slotting or repairing the casing, lining or screen of a bore;

        (c)     deepening a bore (in the course of construction or otherwise).

"bore work licence" means a licence under section 39.

"commencement day" means the day this Act commences.

"connected" with an offence, for part 10 (Enforcement)—see section 78.

"corresponding water access entitlement"—see section 27.

"disciplinary action"—see section 61.

"disciplinary notice"—see section 62.

"driller's licence" means a licence under section 35.

"engage" in conduct means—

        (a)     do an act; or

        (b)     omit to do an act.

"environmental flow guidelines" means environmental flow guidelines under section 12.

"environmental record", of a person, means the person's environmental record both in the ACT and elsewhere so far as it relates to water, and includes any action taken in relation to the person under—

        (a)     this Act or the repealed Act; or

        (b)     a licence issued under this Act or the repealed Act; or

        (c)     a law of the Commonwealth, a State or another Territory that relates to water.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

"flow", in relation to surface water and ground water, includes the discharge, release, escape or passage of the water.

"ground", for disciplinary action—see section 60.

"ground water"—see section 9.

"incorporated document "means an instrument applied, adopted or incorporated by a statutory instrument under this Act.

"land" includes a building or structure on land.

"licence" means a licence under this Act.

"licence to take water" means a licence under section 30.

"occupier", of premises, for part 10 (Enforcement)—see section 78.

"offence", for part 10 (Enforcement)—see section 78.

"owner", of land, includes the lessee of the land.

"premises", for part 10 (Enforcement)—see section 78.

"recharge licence" means a licence under section 49.

"register" means the register under section 66.

"repealed Act" means the Water Resources Act 1998.

Note     A reference to a repealed Act is a reference to the Act as in force immediately before it was repealed (see Legislation Act, s 103).

"reviewable decision", for part 11 (Notification and review of decisions)—see section 94.

"stock or domestic use" of water by a person means 1 or more of the following:

        (a)     use for the person, or the person's family or employees, for domestic purposes;

        (b)     use for drinking water for stock—

              (i)     not exceeding the number of stock normally depastured on the relevant land having regard to seasonal fluctuations in the carrying capacity of the land; and

              (ii)     not held in close concentration for a purpose other than grazing;

        (c)     use for irrigating a garden, not larger than 2 hectares, that is for domestic use and not for the sale, barter or exchange of goods produced in the garden.

"surface water"—see section 8.

"surviving allocation"—see section 110.

"take" water—see section 11.

"urban residential property" means any of the following, within the meaning of the Territory plan, that has access to urban water supply:

        (a)     single dwelling housing;

        (b)     multi-unit housing;

        (c)     a boarding house;

        (d)     a guest house.

"urban water supply" means water supplied by a water utility, other than treated sewage.

"water" means surface water or ground water, and includes water that contains impurities.

"water access entitlement"—see section 19.

"water management areas"—see section 16.

"water structure"—see section 41.

"water utility" means a utility licensed under the Utilities Act 2000 to provide a water service.

"waterway"—see section 10.

"waterway work"—see section 41.

"waterway work licence" means a licence under section 44.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

Water Resources Act 2007 A2007-19

notified LR 20 June 2007

s 1, s 2 commenced 20 June 2007 (LA s 75 (1))

remainder commenced 1 August 2007 (s 2 and CN2007-8)

as amended by

Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.36

notified LR 13 September 2007

s 1, s 2 commenced 13 September 2007 (LA s 75 (1))

sch 1 pt 1.36 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)

ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.108

notified LR 4 September 2008

s 1, s 2 commenced 4 September 2008 (LA s 75 (1))

sch 1 pt 1.108 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)

Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.79

notified LR 1 September 2009

s 1, s 2 commenced 1 September 2009 (LA s 75 (1))

sch 3 pt 3.79 commenced 22 September 2009 (s 2)

Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.85

notified LR 26 November 2009

s 1, s 2 commenced 26 November 2009 (LA s 75 (1))

sch 3 pt 3.85 commenced 17 December 2009 (s 2)

Water Resources Amendment Act 2010 A2010-31

notified LR 1 September 2010

s 1, s 2 commenced 1 September 2010 (LA s 75 (1))

s 4 commenced 1 March 2011 (s 2 and LA s 79)

remainder commenced 18 October 2010 (s 2 and CN2010-10)

4     Amendment history

Commencement
s 2     om LA s 89 (4)

Application of Act to national land and Googong Dam Area
s 7A     ins A2010-31 s 4

Environmental flow guidelines—consultation
s 14     am A2009-20 amdt 3.227

Water access entitlement—transfer
s 26     am A2010-31 s 5

Licence to take water—requirement
s 28     am A2007-25 amdt 1.208
    (1)-(5) reloc as s 77A (1)-(5)
    am A2010-31 s 7, s 8; ss renum R7 LA

Driller's licence—requirement
s 33     orig s 33
    reloc as s 77B (1)
    pres s 33
    ins A2010-31 s 11

Bore work licence—requirement
s 37     (1), (2) reloc as s 77B (2), (3)
    am A2010-31 s 13; ss renum R7 LA

Bore work licence—decision on application
s 39     am A2010-31 ss 14-16

Waterway work licence—requirement
s 42     (1) reloc as s 77C (1)
    am A2010-31 s 18, s 19

Recharge licence—requirement
s 47     orig s 47
    reloc as s 77D
    pres s 47
    ins A2010-31 s 22

Offence—failing to produce licence
s 57     reloc as s 77E

Licence conditions—requirement
s 58     orig s 58
    reloc as s 77F
    pres s 58
    ins A2010-31 s 25

Offences—contravening certain conditions of licence to take water
s 59     reloc as s 77G

Notice prohibiting or restricting taking of water
s 71     am A2010-31 s 27

Direction to modify or remove water structure
s 72     am A2010-31 s 28

Direction to rectify effect of unauthorised activity etc
s 73     am A2010-31 s 29, s 30

Direction to prevent or rectify damage to bed or bank of waterway
s 74     am A2010-31 s 31, s 32

Directions in relation to unlicensed taking of surface water
s 75     am A2010-31 s 33

Directions in relation to bores
s 76     am A2010-31 s 34, s 35

Offences
pt 9A hdg     ins A2010-31 s 36

Offences—take water without licence
s 77A hdg     ins A2010-31 s 36
s 77A     (1)-(5) reloc from s 28 (1)-(5) A2010-31 s 6
    am A2010-31 s 37

Offences—do bore work without licence
s 77B hdg     prev s 33 hdg
    sub A2010-31 s 9
s 77B     (1) reloc from s 33 A2010-31 s 10
    (2), (3) reloc from s 37 (1), (2) A2010-31 s 12
    am A2010-31 s 38

Offence—do waterway work without licence
s 77C hdg     ins A2010-31 s 39
s 77C     (1) reloc from s 42 (1) A2010-31 s 17
    am A2010-31 s 40

Offence—do work without recharge licence
s 77D hdg     prev s 47 hdg
    sub A2010-31 s 20
s 77D     reloc from s 47 A2010-31 s 21

Offence—failing to produce licence
s 77E     reloc from s 57 A2010-31 s 23

Offence—contravening licence conditions
s 77F     reloc from s 58 A2010-31 s 24

Offences—contravening certain conditions of licence to take water
s 77G     reloc from s 59 A2010-31 s 26

Offence—contravene notice prohibiting or restricting taking of water
s 77H     ins A2010-31 s 41

Offences—contravene directions
s 77I     ins A2010-31 s 41

Power to require name and address
s 84     am A2009-49 amdt 3.214

Notification and review of decisions
pt 11 hdg     sub A2008-37 amdt 1.562

Meaning of reviewable decision—pt 11
s 94     sub A2008-37 amdt 1.562

Reviewable decision notices
s 95     sub A2008-37 amdt 1.562

Applications for review
s 96     sub A2008-37 amdt 1.562

Transitional
pt 20 hdg     exp 1 August 2008 (s 206)

Environmental flow guidelines
s 200     exp 1 August 2008 (s 206 (LA s 88 declaration applies))

Existing licences and permits
s 201     exp 1 August 2008 (s 206 (LA s 88 declaration applies))

Water access entitlement for certain existing licence holders
s 202     exp 1 August 2008 (s 206)

Information on register
s 203     exp 1 August 2008 (s 206 (LA s 88 declaration applies))

References to Planning and Development Act
s 204     sub A2007-25 amdt 1.209
    exp 1 August 2008 (s 206)

Transitional regulations
s 205     exp 1 August 2008 (s 206)

Expiry—pt 20
s 206     exp 1 August 2008 (s 206)

Repeals and consequential amendments
pt 21 hdg     om LA s 89 (3)

Legislation repealed
s 207     om LA s 89 (3)

Administrative Decisions (Judicial Review) Act 1989
Schedule 1, item 18
s 208     om LA s 89 (3)

Gungahlin Drive Extension Authorisation Regulation 2004
Section 4 (e)
s 209     om LA s 89 (3)

Utilities Act 2000
Section 20 (2) (l)
s 211     om LA s 89 (3)

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 1 Aug 2007	1 Aug 2007– 30 Mar 2008	not amended	new Act
R2 31 Mar 2008	31 Mar 2008– 1 August 2008	A2007-25	amendments by A2007-25
R3 2 Aug 2008	2 Aug 2008– 1 Feb 2009	A2007-25	commenced expiry
R4 2 Feb 2009	2 Feb 2009– 21 Sept 2009	A2008-37	amendments by A2008-37
R5 22 Sept 2009	22 Sept 2009– 16 Dec 2009	A2009-20	amendments by A2009-20
R6 17 Dec 2009	17 Dec 2009– 17 Oct 2010	A2009-49	amendments by A2009-49
R7 18 Oct 2010	18 Oct 2010– 28 Feb 2011	A2010-31	amendments by A2010-31

© Australian Capital Territory 2011

Australian Capital Territory

A2007-19

Republication No 8

Effective: 1 March 2011

Republication date: 1 March 2011

Last amendment made by A2010-31





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Water Resources Act 2007

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 March 2011

. It also includes any amendment, repeal or expiry affecting the republished law to 1 March 2011

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Water Resources Act 2007

Endnotes

Australian Capital Territory

Water Resources Act 2007