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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Sydney Water Catchment Management
Amendment Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Sydney Water Catchment Management Act
1998 No 171 2
4 Amendment of other Acts 2
5 Repeal of Act 2
Schedule 1 Amendment of Sydney Water Catchment Management Act
1998 3
Schedule 2 Amendment of other Acts 30
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
Sydney Water Catchment Management
Amendment Bill 2007
Act No , 2007
An Act to amend the Sydney Water Catchment Management Act 1998 with respect
to the functions of the Sydney Catchment Authority, its operating licence, catchment
audits, special areas and enforcement powers, and to offences and evidentiary
matters; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Sydney Water Catchment Management Amendment Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Sydney Water Catchment Management Amendment
Act 2007.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Sydney Water Catchment Management Act 1998 No 171
The Sydney Water Catchment Management Act 1998 is amended as set
out in Schedule 1.
4 Amendment of other Acts
Each Act specified in Schedule 2 is amended as set out in that Schedule.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Sydney Water Catchment Management Amendment Bill 2007
Amendment of Sydney Water Catchment Management Act 1998 Schedule 1
Schedule 1 Amendment of Sydney Water Catchment
Management Act 1998
(Section 3)
[1] Whole Act
Omit "the Authority" wherever occurring (except where otherwise amended).
Insert instead "the SCA".
[2] Whole Act
Omit "The Authority" wherever occurring (except where otherwise amended).
Insert instead "The SCA".
[3] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
authorised officer means a person appointed as an authorised
officer under section 69F.
catchment audit means an audit conducted under section 42A.
catchment health, in relation to the catchment area, means the
condition of ecosystems and systems of management (such as
sewerage and stormwater systems) in that catchment that protect
water quality.
catchment management means the management of land and
water resources in the catchment area.
motor vehicle means any motor car, motor cycle or other vehicle
propelled by any means other than human or animal power.
SCA means the Sydney Catchment Authority constituted under
this Act.
[4] Section 3 (1), definitions of "Authority", "local council" and "Managing
Director"
Omit the definitions.
[5] Section 7 Board
Omit section 7 (2) (a).
[6] Parts 3 and 4 and Schedule 3, headings
Omit "Authority" wherever occurring. Insert instead "SCA".
[7] Section 13 Role
Omit "bulk water" from section 13 (b). Insert instead "raw water".
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Sydney Water Catchment Management Amendment Bill 2007
Schedule 1 Amendment of Sydney Water Catchment Management Act 1998
[8] Section 15 General functions
Omit ", to the extent to which the operating licence enables the Authority to
exercise those functions" from section 15 (1).
[9] Section 16 Specific functions
Renumber section 16 (1) (c1) as section 16 (1) (c3).
[10] Section 16 (1) (c1) and (c2)
Insert after section 16 (1) (c):
(c1) to provide or construct systems or services for supplying
water,
(c2) to install new works,
[11] Section 17 Concurrence and other roles under environmental planning
instruments
Insert after section 17 (1):
(1A) For the purpose of enabling the SCA to exercise the functions
conferred on it by this section:
(a) the SCA has and may exercise the powers conferred on a
council under Division 1A of Part 6 of the Environmental
Planning and Assessment Act 1979, and
(b) an authorised officer has and may exercise the powers
conferred by that Division on a person authorised by a
council under section 118A (1) of that Act, subject to that
Division.
[12] Section 19 Compliance role under other legislation
Omit "an officer of the Authority" from section 19 (3).
Insert instead "a member of staff of the Sydney Catchment Authority
Division".
[13] Part 3, Division 3A
Insert after section 21:
Division 3A Arrangements for drawing water
21A Arrangements for drawing water
(1) Subject to the operating licence, the SCA has control over all
water in its water storages or pipelines.
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Amendment of Sydney Water Catchment Management Act 1998 Schedule 1
(2) Water in the SCA's water storages or pipelines is available for
supply by the SCA.
(3) The SCA may enter into an arrangement with any person to
permit that person to draw or take water from the SCA's water
storages or pipelines.
[14] Section 24C Payments out of Fund
Omit "Director-General of National Parks and Wildlife" from section 24C (b).
Insert instead "Director-General of the Department of Environment and
Climate Change".
[15] Section 25 Grant of operating licence
Omit section 25 (2)(5). Insert instead:
(2) Except to the extent to which this Act expressly provides, nothing
in the operating licence limits the requirements imposed by or
under any other Act or law with respect to the provision,
construction, operation, management or maintenance of any
system or service referred to in subsection (1).
[16] Section 26 Terms and conditions of operating licence
Omit section 26 (1) (c). Insert instead:
(c) to compile indicators of the direct impact of the SCA's
activities (including, but not limited to, the impact of
energy used and waste generated) on the environment:
(i) to enable preparation of an annual report on the
SCA's performance, and
(ii) to provide information for a year-to-year
comparison in relation to the SCA's performance in
this area, and
(iii) to enable preparation of reports to Parliament as
referred to in Division 5.
[17] Section 35 Definition
Omit the definition of regulatory agencies. Insert instead:
regulatory agencies means:
(a) the Environment Protection Authority and the
Director-General of the Department of Health, and
(b) the Director-General of the Department of Environment
and Climate Change, the Director-General of the
Department of Primary Industries, local councils, county
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Sydney Water Catchment Management Amendment Bill 2007
Schedule 1 Amendment of Sydney Water Catchment Management Act 1998
councils, and any persons, bodies or agencies for the time
being nominated by order of the Minister communicated to
the SCA.
[18] Sections 4242D
Omit section 42. Insert instead:
42 Catchment health indicators
(1) The Minister must appoint a public authority or other person to
be the appointed person to carry out functions under this section.
(2) The appointed person must develop and approve catchment
health indicators of the catchment health of the catchment area.
(3) The appointed person must publish the approved catchment
health indicators in the Gazette.
(4) Those indicators may be amended or replaced in the same way as
they were originally developed, approved and published.
(5) The first indicators required under this section must be approved
and published before 1 January 2009.
42A Catchment audits
(1) The Minister must appoint a public authority or other person (the
appointed auditor) to carry out functions under this section.
(2) The appointed auditor must:
(a) conduct an audit (a catchment audit) of the catchment
health of the catchment area, and
(b) present a report on that audit to the Minister.
(3) The catchment audit must assess the state of the catchment area
having regard to the catchment health indicators approved under
section 42, as in force at the time of the assessment.
(4) A catchment audit must be conducted, and a report presented to
the Minister on that audit, no more than 3 years after the date the
2007 report is presented under section 42 (as in force
immediately before its repeal by the Sydney Water Catchment
Management Amendment Act 2007). Subsequent audits must be
conducted, and reports must be presented to the Minister on those
audits, at intervals of no more than 3 years calculated from the
date the 2010 report is presented.
(5) Section 39 (2)(4) apply to and in respect of a report presented to
the Minister under this section in the same way as it applies to the
reports referred to in section 39 (1).
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(6) The Minister is to forward a copy of the report of a catchment
audit to the SCA as soon as practicable after the report is
received.
42B Incorporation of catchment audit findings
(1) The SCA must evaluate the findings of a catchment audit, as
stated in the report of the catchment audit, to the extent to which
they relate to the activities of the SCA and risks to water quality.
(2) The SCA must incorporate the findings of a catchment audit, to
the extent to which they relate to the activities of the SCA and
water quality, into:
(a) the SCA's risk framework, and
(b) the SCA's programs and activities relating to catchment
management.
(3) This section must be complied with within 6 months after the
catchment audit report is received by the Minister.
42C Report concerning adjustments as a result of catchment audit
findings
(1) The SCA must report to the Minister on the SCA's progress to
achieve improvements in catchment health, to prevent
degradation of existing catchment health and to maintain existing
catchment health, having regard to the findings of the most recent
catchment audit conducted under this Division.
(2) Such a report must be provided within 2 years after the catchment
audit report is received by the Minister.
42D Operation of this Division
Nothing in this Division:
(a) prevents the operating licence from including terms and
conditions relating to the SCA's activities (including, but
not limited to, the SCA's catchment management
functions) or requiring reports on those activities, or
(b) prevents the Tribunal from recommending to the Minister
that the SCA's operating licence include terms and
conditions relating to the SCA's catchment management
functions or requiring reports on those functions.
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Sydney Water Catchment Management Amendment Bill 2007
Schedule 1 Amendment of Sydney Water Catchment Management Act 1998
[19] Section 43 Definitions
Omit "Director-General of National Parks and Wildlife" from the definition of
joint sponsors.
Insert instead "Director-General of the Department of Environment and
Climate Change".
[20] Section 44 Special areas
Insert after section 44 (5):
(6) The Governor may, on the recommendation of the Minister, by
order published in the Gazette, declare that any previous order
specified in Schedule 7 is repealed on the date specified in the
later order.
[21] Section 53 Regional environmental plan to be made
Insert at the end of the section:
Note. The Drinking Water Catchments Regional Environmental Plan
No 1, which commenced on 1 January 2007, was made pursuant to the
power conferred by this section and the Environmental Planning and
Assessment Act 1979.
[22] Section 55 Entry onto land
Omit "persons issued with certificates of authority under section 56" from
section 55 (1).
Insert instead "an authorised officer".
[23] Section 56 Certificates of authority
Omit the section.
[24] Parts 6A and 6B
Insert after section 62:
Part 6A Catchment correction notices and
catchment protection notices
Division 1 Definitions
62A Definitions
In this Part:
catchment correction notice means a notice under Division 2.
catchment protection notice means a notice under Division 3.
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compliance cost notice means a notice under section 62K.
corrective action, in relation to a targeted activity, includes the
following:
(a) action to prevent, minimise, remove, disperse, destroy or
mitigate any adverse impact on water quality or catchment
health resulting or likely to result from the activity,
(b) ascertaining the nature and extent of the targeted activity
and of the actual or likely resulting adverse impact on
water quality or catchment health,
(c) preparing and carrying out a remedial plan of action.
targeted activity means an activity in a special area or controlled
area that has, or is likely to have, caused damage to, or
detrimentally affected, the quality of any water, or the catchment
health of any land, in the area concerned.
Division 2 Catchment correction notices
62B Corrective action by occupiers or persons carrying on certain
activities
(1) The SCA may, by notice in writing (a catchment correction
notice), do either or both of the following:
(a) direct an occupier of land on or from which the SCA
reasonably suspects that a targeted activity has been
carried out or is being carried out,
(b) direct a person who is reasonably suspected by the SCA of
carrying out or having carried out a targeted activity,
to take the corrective action specified in the notice within such
period as is specified in the notice.
(2) The catchment correction notice may require the person to whom
the notice is given to furnish reports to the SCA regarding
progress on the carrying out of the corrective action.
(3) If the person given a catchment correction notice complies with
the notice but was not the person who carried out the targeted
activity, the cost of complying with the notice may be recovered
by the person who complied with the notice as a debt in a court
of competent jurisdiction from the person who carried out the
targeted activity.
(4) A catchment correction notice, or a variation of a catchment
correction notice, operates from the day the notice or notice of the
variation is given or from such later day as the notice specifies.
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Schedule 1 Amendment of Sydney Water Catchment Management Act 1998
(5) A person who, without reasonable excuse, does not comply with
a catchment correction notice given to the person is guilty of an
offence.
Maximum penalty:
(a) in the case of a corporation--$250,000 and, in the case of
a continuing offence, a further penalty of $30,000 for each
day the offence continues, or
(b) in the case of an individual--$120,000 and, in the case of
a continuing offence, a further penalty of $15,000 for each
day the offence continues.
62C Corrective action by public authorities
(1) If the SCA reasonably suspects that a targeted activity has been
carried out or is being carried out, the SCA may, by notice in
writing, direct a public authority to take such corrective action as
is specified in the notice. The public authority is authorised and
required to take that action.
(2) If a public authority reasonably suspects that a targeted activity
has been carried out or is being carried out, the public authority
may take such corrective action as it considers necessary. The
public authority is authorised to take that action, whether or not
it is directed to take corrective action under subsection (1).
(3) Notices may be given, and action may be taken, under this section
whether or not a catchment correction notice has been given
under section 62B, and (if such a notice has been given) whether
or not the period specified in the notice under that section has
expired.
(4) A public authority may take corrective action under this section
by itself or by its employees, agents or contractors.
(5) In this section:
public authority does not include a State owned corporation.
62D Catchment correction notice may be given orally
(1) The SCA may, instead of giving a direction under this Division
by notice in writing, cause the direction to be given orally by an
authorised officer.
(2) A direction given orally to a person ceases to have effect on the
expiration of the period of 72 hours after the time it was given
unless confirmed by the SCA by a written correction notice given
to the person within that period.
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(3) A direction given orally has the same effect as a direction given
by notice in writing, and is taken to be a catchment correction
notice.
62E Fee for catchment correction notice
(1) The purpose of this section is to enable the SCA to recover the
administrative costs of preparing and giving catchment
correction notices.
(2) A person who is given a catchment correction notice under
section 62B must within 30 days after the notice is given pay the
fee prescribed under section 94 of the Protection of the
Environment Operations Act 1997 to the SCA.
(3) The SCA may:
(a) extend the time for payment of the fee, on the application
of the person given the catchment correction notice, or
(b) waive payment of the whole or any part of the fee, on the
SCA's own initiative or on the application of the person.
(4) A person who does not pay the fee within the time required under
this section is guilty of an offence.
Maximum penalty: 200 penalty units.
Division 3 Catchment protection notices
62F Preventive action
(1) This section applies when the SCA reasonably suspects that a
targeted activity has been, will be or is being carried out on any
land in a special area or a controlled area.
(2) The SCA may, by notice in writing (a catchment protection
notice), do either or both of the following:
(a) direct the occupier of the land,
(b) direct the person carrying on the activity,
to take such action, as is specified in the notice within such period
(if any) as is specified in the notice, to ensure that either the
targeted activity is not commenced, is no longer carried on, or if
the targeted activity is permitted to be carried on in future, it is
carried on in a manner that does not cause damage to, or
detrimentally affect, the quality of any water, or the catchment
health of any land, in the special area or controlled area.
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(3) The action to be taken may (without limitation) include any of the
following:
(a) ceasing to carry on or not commencing to carry on an
activity,
(b) carrying on an activity in a particular manner,
(c) carrying on an activity only during particular times,
(d) preparing and carrying out a plan of action to control,
prevent or minimise any damage to, or detrimental effect
on, the quality of any water, or the catchment health of any
land, in the special area or controlled area.
(4) If the occupier who is given a notice is not the person carrying on
the targeted activity, the notice is taken to require the occupier to
take all available steps to cause the action to be taken by the
person carrying on the targeted activity.
(5) A catchment protection notice may require the person to whom
the notice is given to furnish reports to the SCA regarding
progress on carrying out the action required to be taken by the
notice.
(6) A person who does not comply with a catchment protection
notice given to the person is guilty of an offence.
Maximum penalty:
(a) in the case of a corporation--$250,000 and, in the case of
a continuing offence, a further penalty of $30,000 for each
day the offence continues, or
(b) in the case of an individual--$120,000 and, in the case of
a continuing offence, a further penalty of $15,000 for each
day the offence continues.
62G Action in event of failure to comply
If a person does not comply with a catchment protection notice
given to the person, the SCA may take action to cause the notice
to be complied with by itself or by its employees, agents or
contractors.
62H Commencement of operation of catchment protection notice or
variation of catchment protection notice
(1) A catchment protection notice, or a variation of a catchment
protection notice, operates from the day the notice or notice of the
variation is given or from such later day as the notice specifies.
(2) If an appeal is made against a catchment protection notice or the
variation of a catchment protection notice and the Land and
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Environment Court directs that the notice is stayed, the notice or
variation does not operate until the stay ceases to have effect or
the Land and Environment Court confirms the notice or the
appeal is withdrawn, whichever first occurs.
62I Fee for catchment protection notice
(1) The purpose of this section is to enable the SCA to recover the
administrative costs of preparing and giving catchment
protection notices.
(2) A person who is given a catchment protection notice must within
30 days after the notice is given pay the fee prescribed under
section 94 of the Protection of the Environment Operations Act
1997 to the SCA.
(3) The SCA may:
(a) extend the time for payment of the fee, on the application
of the person given the notice, or
(b) waive payment of the whole or any part of the fee, on the
SCA's own initiative or on the application of the person.
(4) The fee is not payable during the currency of an appeal against
the catchment protection notice.
(5) If the decision of the Land and Environment Court on an appeal
does not invalidate the catchment protection notice, the fee is
payable within 30 days of the decision.
(6) A person who does not pay the fee within the time required under
this section is guilty of an offence.
Maximum penalty: 200 penalty units.
62J Appeals against catchment protection notices
(1) A person served with a catchment protection notice may, within
21 days (or such other period as is prescribed by the regulations)
after being served with the notice, appeal to the Land and
Environment Court against the notice.
(2) The lodging of an appeal does not, except to the extent that the
Land and Environment Court otherwise directs in relation to the
appeal, operate to stay the notice appealed against.
(3) There is no appeal against a decision not to extend the time for
complying with a catchment protection notice.
(4) For the purposes of this section, a catchment protection notice
includes a notice that varies a catchment protection notice.
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Division 4 Compliance costs
62K Compliance cost notices
(1) The SCA may, by notice in writing, require a person to whom a
catchment correction notice has been given to pay all or any
reasonable costs and expenses incurred by the SCA in connection
with:
(a) monitoring action required to be taken by the notice, and
(b) ensuring that the notice is complied with, and
(c) any other associated matters.
(2) A public authority that takes corrective action under section 62C
may, by notice in writing, require:
(a) the occupier of the land on or from which the authority
reasonably suspects that the targeted activity was carried
out, or
(b) the person who is reasonably suspected by the authority of
having carried out the targeted activity,
or both, to pay all or any reasonable costs and expenses incurred
by it in connection with the corrective action.
(3) If the SCA takes action under section 62G because a catchment
protection notice is not complied with, the SCA may, by notice in
writing, require the person to whom the catchment protection
notice was given to pay all or any reasonable costs and expenses
incurred by it in taking the action.
62L Recovery of amounts
(1) The SCA or a public authority may recover any unpaid amounts
specified in a compliance cost notice as a debt in a court of
competent jurisdiction.
(2) If the person given a compliance cost notice complies with the
notice but was not the person who carried out the targeted
activity, the cost of complying with the notice may be recovered
by the person who complied with the notice as a debt in a court
of competent jurisdiction from the person who carried out the
targeted activity.
62M Registration of compliance cost notices in relation to land
(1) If a compliance cost notice has been given by the SCA or a public
authority to a person, the SCA or the public authority may apply
to the Registrar-General for registration of the notice in relation
to any land owned by the person.
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(2) An application under this section must define the land to which it
relates.
(3) The Registrar-General must, on application under this section
and lodgment of a copy of the compliance cost notice, register the
notice in relation to the land in such manner as the
Registrar-General thinks fit.
(4) If the notice relates to land under the provisions of the Real
Property Act 1900, the notice is to be registered under that Act.
62N Charge on land subject to compliance cost notice
(1) This section applies where a compliance cost notice is registered
under section 62M, on the application of the SCA or a public
authority, in relation to particular land owned by a person.
(2) There is created by force of this section, on the registration of the
notice, a charge on the land in relation to which the notice is
registered to secure the payment to the SCA or the public
authority of the amount specified in the notice.
(3) Such a charge ceases to have effect in relation to the land:
(a) on payment to the SCA or the public authority of the
amount concerned, or
(b) on the sale or other disposition of the land with the written
consent of the SCA or the public authority, or
(c) on the sale of the land to a purchaser in good faith for value
who, at the time of the sale, has no notice of the charge,
whichever first occurs.
(4) Such a charge is subject to every charge or encumbrance to which
the land was subject immediately before the notice was
registered.
(5) Such a charge is not affected by any change of ownership of the
land, except as provided by subsection (3).
(6) If:
(a) such a charge is created on land of a particular kind and the
provisions of any law of the State provide for the
registration of title to, or charges over, land of that kind,
and
(b) the charge is so registered,
a person who purchases or otherwise acquires the land after the
registration of the charge is, for the purposes of subsection (3),
taken to have notice of the charge.
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(7) The regulations may make provision for or with respect to the
removal of a charge under this section.
(8) The SCA or a public authority may, by notice in writing, require
the person to whom the compliance cost notice was given to pay
all or any of the reasonable costs and expenses incurred by the
SCA or the public authority in respect of the lodgment or
registration of the compliance cost notice and the registration of
any resulting charge (including the costs of discharging the
charge). The SCA or the public authority may recover any unpaid
amounts specified in the notice as a debt in a court of competent
jurisdiction.
Division 5 Miscellaneous
62O Multiple notices
More than one notice under a provision of this Part may be given
to the same person.
62P Revocation or variation
(1) A notice given under this Part may be revoked or varied by a
subsequent notice or notices.
(2) A notice may be varied by modification of, or addition to, its
terms and specifications.
(3) Without limiting the above, a notice may be varied by extending
the time for complying with the notice.
(4) A notice given by the SCA may be revoked only by the SCA and
a notice given by a public authority may be revoked only by the
public authority.
(5) A fee is not payable for the variation of a notice under this Part.
62Q Obstruction of persons
A person who wilfully delays or obstructs:
(a) a person who is carrying out any action in compliance with
a catchment correction notice or a catchment protection
notice, or another person authorised by the person to carry
it out, or
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(b) a public authority that is taking corrective action under
section 62C, or any person authorised by the public
authority to take corrective action under section 62C,
is guilty of an offence.
Maximum penalty:
(a) in the case of a corporation--$250,000 and, in the case of
a continuing offence, a further penalty of $30,000 for each
day the offence continues, or
(b) in the case of an individual--$120,000 and, in the case of
a continuing offence, a further penalty of $15,000 for each
day the offence continues.
Part 6B Requirements to provide information
62R Power of authorised officers to require answers
(1) An authorised officer may require a person whom the authorised
officer suspects on reasonable grounds to have knowledge of
matters in respect of determining whether there has been
compliance with or a contravention of this Act or the regulations
or any notice issued under this Act to answer questions in relation
to those matters.
(2) The SCA may, by notice in writing, require a corporation to
nominate, in writing within the time specified in the notice, a
director or officer of the corporation to be the corporation's
representative for the purpose of answering questions under this
section.
(3) Answers given by a person nominated under subsection (2) bind
the corporation.
(4) A person must not:
(a) fail or refuse to comply with a requirement under
subsection (1) or (2), or
(b) in purported compliance with such a requirement, give an
answer that is false or misleading in a material particular.
Maximum penalty:
(a) in the case of a corporation--$250,000 and, in the case of
a continuing offence, a further penalty of $30,000 for each
day the offence continues, or
(b) in the case of an individual--$120,000 and, in the case of
a continuing offence, a further penalty of $15,000 for each
day the offence continues.
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(5) An authorised officer may, by notice in writing, require a person
to attend at a specified place and time to answer questions under
this section if attendance at that place is reasonably required in
order that the questions can be properly put and answered.
(6) The place and time at which a person may be required to attend
under subsection (5) is to be:
(a) a place and time nominated by the person, or
(b) if the place and time nominated is not reasonable in the
circumstances or a place and time is not nominated by the
person, a place and time nominated by the authorised
officer that is reasonable in the circumstances.
62S Requirement to provide information and records
(1) The SCA may, by notice in writing given to a person, require the
person to furnish to it such information or records (or both) as it
requires by the notice in connection with determining whether
there has been compliance with or a contravention of this Act or
the regulations or any notice issued under this Act.
(2) A person must not:
(a) fail or refuse to comply with a requirement under
subsection (1), or
(b) in purported compliance with such a requirement, give
information, or provide a record, that is false or misleading
in a material particular.
Maximum penalty:
(a) in the case of a corporation--$250,000 and, in the case of
a continuing offence, a further penalty of $30,000 for each
day the offence continues, or
(b) in the case of an individual--$120,000 and, in the case of
a continuing offence, a further penalty of $15,000 for each
day the offence continues.
62T Provisions relating to records
(1) A notice under this Part may require a person to furnish only
existing records that are in the person's possession or that are
within the person's power to obtain lawfully.
(2) The SCA may take copies of any record furnished to it under this
Part.
(3) If any record required to be furnished under this Part is in
electronic, mechanical or other form, the notice is taken to
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require the record to be furnished in written form, unless the
notice otherwise provides.
62U Requirement to state name and address or produce driver licence
(1) An authorised officer may require a person whom the authorised
officer suspects on reasonable grounds to be offending against
this Act or the regulations to state the person's full name and
residential address.
(2) An authorised officer may require the driver of a motor vehicle in
the catchment area to produce his or her driver licence and to state
his or her full name and residential address.
(3) An authorised officer may request a person who is required under
this section to state his or her full name and residential address to
provide proof of the name and address. It is not an offence under
this section to fail to comply with any such request.
(4) A person must not:
(a) fail or refuse to comply with a requirement under
subsection (1) or (2), or
(b) in purported compliance with such a requirement, state a
name that is not the person's name or an address that is not
the person's residential address or produce the driver
licence of another person.
Maximum penalty: 100 penalty units.
62V Requirement for owner of motor vehicle and others to give
information
(1) If the SCA or an authorised officer suspects on reasonable
grounds that the driver of a motor vehicle has committed an
offence against this Act or the regulations, the SCA or the
authorised officer may:
(a) require the owner of the vehicle, or the person in whose
name it is registered, or the person having the custody of
the vehicle, to give information (which must, if so
required, be given in the form of a statement in writing,
signed by that owner or person) as to the name and
residential address of the driver, or
(b) require any other person to give any information which is
in that other person's power to give and which may lead to
the identification of the driver.
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(2) A person must not:
(a) fail or refuse to comply with a requirement under
subsection (1), or
(b) in purported compliance with such a requirement, give any
information that is false or misleading in a material
particular.
Maximum penalty: 100 penalty units.
(3) In a prosecution for an offence in respect of a failure or refusal to
comply with a requirement under subsection (1) (a), it is a
defence if the defendant proves to the satisfaction of the court that
the defendant did not know and could not with reasonable
diligence have ascertained the name or residential address of the
driver concerned, or both, as the case may require.
(4) If a statement in writing purporting to be furnished under
subsection (1) (a) and to contain particulars of the name and
residential address of the driver of a motor vehicle at the time of
commission of an alleged offence against this Act or the
regulations is produced in any court in proceedings against the
person named in the statement as the driver for the offence, the
statement is, if that person does not appear before the court,
evidence without proof of signature that the person was the driver
of the vehicle at that time.
62W Provisions relating to requirements to furnish records,
information or answer questions
(1) A person is not guilty of an offence of failing to comply with a
requirement under this Part to furnish records or information or
to answer a question unless the person was warned on the
relevant occasion that a failure to comply is an offence.
(2) A person is not excused from a requirement under this Part to
furnish records or information or to answer a question on the
ground that the record, information or answer might incriminate
the person or make the person liable to a penalty.
(3) However, any information furnished or answer given by a natural
person in compliance with a requirement under this Part is not
admissible in evidence against the person in criminal proceedings
(except proceedings for an offence under this Part) if:
(a) the person objected at the time to doing so on the ground
that it might incriminate the person, or
(b) the person was not warned on the relevant occasion that the
person may object to furnishing the information or giving
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the answer on the ground that it might incriminate the
person.
(4) Any record furnished by a person in compliance with a
requirement under this Part is not inadmissible in evidence
against the person in criminal proceedings on the ground that the
record might incriminate the person.
(5) Further information obtained as a result of a record or
information furnished or of an answer given in compliance with
a requirement under this Part is not inadmissible on the ground:
(a) that the record or information had to be furnished or the
answer had to be given, or
(b) that the record or information furnished or answer given
might incriminate the person.
(6) This section extends to a requirement under this Part to state a
person's name and address.
62X Revocation or variation
(1) A notice given under this Part may be revoked or varied by a
subsequent notice or notices.
(2) A notice may be varied by modification of, or addition to, its
terms and specifications.
(3) Without limiting the above, a notice may be varied by extending
the time for complying with the notice.
(4) A notice may be revoked or varied only by the person who gave
it.
[25] Section 63 Illegal diversion of water
Omit the penalty provision. Insert instead:
Maximum penalty:
(a) in the case of a corporation--$250,000 and, in the case of
a continuing offence, a further penalty of $30,000 for each
day the offence continues, or
(b) in the case of an individual--$120,000 and, in the case of
a continuing offence, a further penalty of $15,000 for each
day the offence continues.
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[26] Section 64 Offence to discharge into works
Omit the penalty provision from section 64 (1). Insert instead:
Maximum penalty:
(a) in the case of a corporation--$250,000 and, in the case of
a continuing offence, a further penalty of $30,000 for each
day the offence continues, or
(b) in the case of an individual--$120,000 and, in the case of
a continuing offence, a further penalty of $15,000 for each
day the offence continues.
[27] Sections 64A and 64B
Insert after section 64:
64A Obstruction of authorised officer
A person must not:
(a) obstruct, hinder or interfere with an authorised officer in
the exercise of the officer's functions under this Act or the
regulations, or
(b) impersonate an authorised officer.
Maximum penalty:
(a) in the case of a corporation--$250,000, or
(b) in the case of an individual--$120,000.
64B Offences by corporations
(1) If a corporation contravenes, whether by act or omission, any
provision of this Act or the regulations, each person who is a
director of the corporation or who is concerned in the
management of the corporation is taken to have contravened the
same provision, unless the person satisfies the court that:
(a) the person was not in a position to influence the conduct of
the corporation in relation to its contravention of the
provision, or
(b) the person, if in such a position, used all due diligence to
prevent the contravention by the corporation.
(2) A person may be proceeded against and convicted under a
provision pursuant to this section whether or not the corporation
has been proceeded against or been convicted under that
provision.
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(3) Nothing in this section affects any liability imposed on a
corporation for an offence committed by the corporation against
this Act or the regulations.
(4) Without limiting any other law or practice regarding the
admissibility of evidence, evidence that an officer, employee or
agent of a corporation (while acting in his or her capacity as such)
had, at any particular time, a particular state of mind, is evidence
that the corporation had that state of mind.
(5) In this section, the state of mind of a person includes:
(a) the knowledge, intention, opinion, belief or purpose of the
person, and
(b) the person's reasons for the intention, opinion, belief or
purpose.
[28] Section 68 Disposal of proceedings for offences
Omit "Supreme Court" from section 68 (1) (b).
Insert instead "Land and Environment Court".
[29] Section 68 (2)
Omit "100 penalty units". Insert instead "200 penalty units".
[30] Section 69 Time within which proceedings may be commenced
Omit "any officer of the Authority who is designated by the Authority" from
the definition of authorised officer in section 69 (5).
Insert instead "a member of staff of the Sydney Catchment Authority Division
who is designated by the SCA".
[31] Parts 7A and 7B
Insert after section 69:
Part 7A Evidentiary matters
69A Onus of proof of certain matters
In any proceedings under this Act, the onus of proving that a
person had a reasonable excuse or lawful excuse (as referred to in
any provision of this Act or the regulations) lies with the
defendant.
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69B Proof of certain appointments not required
In any proceedings under this Act, no proof is required (until
evidence is given to the contrary) of:
(a) the appointment of the Chief Executive or any member of
the staff of the SCA, or
(b) the appointment of any authorised officer.
69C Documentary evidence generally
Any instrument (including a notice, order or written direction)
purporting:
(a) to be an instrument issued, made or given for the purposes
of this Act, and
(b) to have been signed by the person authorised to issue,
make or give the instrument, or by another person acting as
delegate or on behalf of the person,
is admissible in any proceedings under this Act and, in the
absence of evidence to the contrary, is to be taken to be such an
instrument and to have been so signed.
69D Certificate evidence of certain matters
(1) A document signed by the Chief Executive or an officer of the
SCA designated in writing by the SCA for the purposes of this
section and certifying any one or more of the matters specified in
subsection (2) is admissible in any proceedings under this Act
and is, in the absence of evidence to the contrary, evidence of the
matters so certified.
(2) The matters referred to in subsection (1) are the following:
(a) that an instrument (including a notice, order or written
direction), a copy of which is set out in or annexed to the
document, being an instrument purporting:
(i) to be issued, made or given for the purposes of this
Act, and
(ii) to have been signed by the person authorised to
issue, make or give the instrument, or by another
person acting as delegate or on behalf of the person,
was issued, made or given on a specified day,
(b) that a person was or was not, at a specified time or during
a specified period, an authorised officer,
(c) that a person was or was not, at a specified time or during
a specified period, a member of staff of the Sydney
Catchment Authority Division.
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69E Evidence of analysts
(1) The SCA may, by instrument in writing, appoint appropriately
qualified persons to be analysts for the purposes of this Act.
(2) A certificate of such an analyst stating the result of an analysis or
examination is admissible in evidence in any proceedings under
this Act as evidence of the facts stated in the certificate and the
correctness of the result of the analysis or examination.
(3) A certificate of such an analyst that, on receipt of a container
containing a sample submitted to the analyst by an authorised
officer or any other person, the container was sealed and the seal
securing the container was unbroken is admissible in evidence in
any proceedings under this Act or the regulations as evidence:
(a) of the facts stated in the certificate, and
(b) that the sample was the same sample as the one obtained
by the authorised officer or other person, and
(c) that the sample had not been tampered with before it was
received by the analyst.
(4) For the purposes of this section, a document purporting to be a
certificate under this section is, unless the contrary is proved, to
be taken to be such a certificate.
Part 7B Authorised officers
69F Appointment of authorised officers
The SCA may appoint any person (including a class of persons)
as an authorised officer for the purposes of this Act.
69G Scope of authority
(1) An authorisation of a person as an authorised officer can be given
generally, or subject to conditions, limitations or restrictions or
for limited purposes only.
(2) If such authorisation is given subject to conditions, limitations or
restrictions or for limited purposes only, nothing in this Act
authorises or requires the authorised officer to act in
contravention of the conditions, limitations or restrictions or for
other purposes.
69H Identification
(1) Every authorised officer is to be provided with an identification
card as an authorised officer by the SCA.
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(2) In the course of exercising the functions of an authorised officer
under this Act, the officer must, if requested to do so by any
person affected by the exercise of any such function, produce the
officer's identification card to the person.
[32] Section 71
Insert after section 70:
71 Service of notices
(1) For the purposes of this Act, any notice or other document may
be issued or given to a person, or may be served on a person:
(a) by delivering it personally to the person, or
(b) by delivering it to the place of residence or business of the
person and by leaving it there for the person with some
other person, or
(c) by posting it duly stamped and addressed to the person at
the place last shown in the records of the SCA as the
person's place of residence or business, or
(d) by posting it duly stamped and addressed to the person at
the place indicated by the person as an address to which
correspondence may be posted (including, for example, a
post office box), or
(e) by sending it by facsimile or electronic transmission
(including, for example, over the Internet) to the person in
accordance with arrangements indicated by the person as
appropriate for transmitting documents to the person, or
(f) by leaving it addressed to the person at a document
exchange or other place (in accordance with usual
arrangements for the exchange or other place) indicated by
the person as an exchange or place through which
correspondence may be forwarded to the person.
(2) This section does not affect any other mode of issuing, giving or
serving a notice or other document under any other law.
[33] Section 74 Regulations
Omit "200 penalty units" from section 74 (2) (a).
Insert instead "400 penalty units".
[34] Section 74 (2) (b)
Omit "100 penalty units". Insert instead "200 penalty units".
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[35] Schedule 1 Constitution and procedure of Board
Omit "Managing Director or the" from the definition of appointed member in
clause 1.
[36] Schedule 1, clause 3 (1)
Omit "Managing Director" wherever occurring.
Insert instead "Chief Executive".
[37] Schedule 1, clause 9 (1)
Omit "Public Sector Management Act 1988".
Insert instead "Public Sector Employment and Management Act 2002".
[38] Schedule 1, clause 9 (1)
Omit "Part 8". Insert instead "Chapter 5".
[39] Schedule 1, clause 12 (2)
Omit "If both the Chairperson and the Chief Executive are absent, the
Managing Director (if present) is to preside.".
[40] Schedule 5 Amendment of other Acts
Omit Schedule 5.4.
[41] Schedule 6 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Sydney Water Catchment Management Amendment Act 2007
[42] Schedule 6, Part 4
Insert after clause 9:
Part 4 Provisions consequent on enactment of
Sydney Water Catchment Management
Amendment Act 2007
10 Definition
In this Part:
amending Act means the Sydney Water Catchment Management
Amendment Act 2007.
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11 Validation: functions
Anything done or omitted to be done by the SCA, before the
commencement of the amendment to section 15 made by the
amending Act, that would have been valid if it had been done or
omitted after that commencement, is validated.
12 Validation: construction and installations
Anything done or omitted to be done by the SCA to provide or
construct systems or services for supplying water, or to install
new works, before the commencement of section 16 (1) (c1) or
(c2), as inserted by the amending Act, that would have been valid
if it had been done or omitted after that commencement, is
validated.
13 Annual reports under operating licence
The requirement under section 26 (1) (c) of this Act, as
substituted by the amending Act, to make an annual report first
applies in respect of the calendar year 2008.
14 Memorandum of understanding with Water Administration
Ministerial Corporation
(1) The memorandum of understanding entered into between the
SCA and the Water Administration Ministerial Corporation is of
no further effect.
(2) Any provision of the operating licence referring to the
memorandum of understanding with the Water Administration
Ministerial Corporation (as referred to in section 36 (2)) is of no
effect to the extent to which it applies to such a memorandum of
understanding.
15 Catchment correction notices and catchment protection notices
Sections 62B and 62F extend to apply to any targeted activity
carried out before the commencement of those sections.
16 Disposal of proceedings for offences
The amendments made to section 68 by the amending Act extend
to proceedings for offences alleged to have been committed
before the commencement of the amendments, but not if
proceedings in respect of the offence concerned had commenced
before that commencement.
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17 Certificates of authority
A person to whom a certificate of authority had been issued under
section 56 that was in force immediately before the repeal of that
section by the amending Act is taken to have been appointed as
an authorised officer under Part 7B and his or her certificate of
authority is taken to be an identification card issued under
section 69H.
[43] Schedule 7
Insert after Schedule 6:
Schedule 7 Orders declaring special areas that
may be repealed by further order
(Section 44 (6))
The order declaring an area of land at Devine's Weir to be a special area, being
an order published in Gazette No 103 of 29 August 1969 at page 3418.
The order declaring an area of land at O'Hare's Creek to be a special area,
being an order published in Gazette No 51 of 14 April 1927 at page 1862 and
amended by proclamation published in Gazette No 178 of 21 September 1934
at page 3525.
The order declaring an area of land at Penrith to be a special area, being an
order published in Gazette No 113 of 8 October 1971 at page 3916.
The order declaring an area of land at Richmond to be a special area, being an
order published in Gazette No 113 of 8 October 1971 at page 3916.
The order declaring an area of land at Windsor to be a special area, being an
order published in Gazette No 113 of 8 October 1971 at page 3916.
The order declaring an area of land at Woodford to be a special area, being an
order published in Gazette No 45 of 15 March 1991 at page 2186.
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Sydney Water Catchment Management Amendment Bill 2007
Schedule 2 Amendment of other Acts
Schedule 2 Amendment of other Acts
(Section 4)
2.1 Land and Environment Court Act 1979 No 204
[1] Section 17 Class 1--environmental planning and protection appeals
Insert after section 17 (a):
(aa) appeals under section 62J of the Sydney Water Catchment
Management Act 1998,
[2] Section 21 Class 5--environmental planning and protection summary
enforcement
Insert after section 21 (a):
(a1) proceedings under section 62B, 62E, 62F, 62I, 62Q, 62R,
62S, 62U, 62V, 63, 64 or 64A of the Sydney Water
Catchment Management Act 1998 or offences under
regulations made under that Act,
2.2 Water Management Act 2000 No 92
Schedule 8 Amendment of other Acts
Omit Schedule 8.28 [2].
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