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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Water Legislation Amendment Bill 1999
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Water Act 1912 No 44 2
4 Amendment of other Acts 2
Schedules
1 Miscellaneous amendments to Part 2 of Water Act 1912 3
2 Amendment to Water Act 1912 relating to water
harvesting rights 9
3 Miscellaneous amendments to Water Act 1912 16
4 Amendment of other Acts 17
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, , 1999
New South Wales
Water Legislation Amendment Bill 1999
Act No , 1999
An Act to amend the Water Act 1912 and various other Acts with respect to the
management of water resources; and for related purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Water Legislation Amendment Bill 1999
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Water Legislation Amendment Act 1999.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Water Act 1912 No 44
The Water Act 1912 is amended as set out in Schedules 13.
4 Amendment of other Acts
Each Act specified in Schedule 4 is amended as set out in that
Schedule.
Page 2
Water Legislation Amendment Bill 1999
Miscellaneous amendments to Part 2 of Water Act 1912 Schedule 1
Schedule 1 Miscellaneous amendments to Part 2 of
Water Act 1912
(Section 3)
[1] Section 5 Definitions
Insert in alphabetical order in section 5 (1):
existing work means a work declared by the Ministerial
Corporation under subsection (5) to be an existing work for the
purposes of this Part.
[2] Section 5 (1), definition of "river"
Omit paragraph (c) of the definition. Insert instead:
(c) anything declared by the Ministerial Corporation by
order published in the Gazette to be a river,
[3] Section 5 (1), definition of "river"
Omit "but does not include anything prescribed as not being a river".
Insert instead "but does not include anything declared by the Ministerial
Corporation by order published in the Gazette as not being a river".
[4] Section 5 (1), definition of "work to which this Part extends"
Omit "but does not include a prescribed work or a work declared under
subsection (3) to be a work for urban drainage".
Insert instead:
and includes an existing work or any other work (or class of
work) declared by the Ministerial Corporation by order
published in the Gazette to be a work to which this Part
extends, but does not include:
(g) a work declared under subsection (3) to be a work for
urban drainage, or
(h) a work (or class of work) declared by the Ministerial
Corporation by order published in the Gazette as being
a work to which this Part does not extend.
Page 3
Water Legislation Amendment Bill 1999
Schedule 1 Miscellaneous amendments to Part 2 of Water Act 1912
[5] Section 5 (5) and (6)
Insert after section 5 (4):
(5) The Ministerial Corporation may, by order published in the
Gazette, declare any work that:
(a) is used, or is capable of being used, for the purposes of
water supply or water conservation, and
(b) was constructed before 1 January 1999, and
(c) was not, as at that date, a work in respect of which a
licence, permit, authority or group licence was in force,
to be an existing work for the purposes of this Part.
(6) An order under subsection (5):
(a) takes effect on the day it is published in the Gazette or
such later date as may be specified in the order, and
(b) may declare a work to be an existing work by reference
to a specified class or classes of work, to a specified
area, or to specified rivers or lakes or sections of rivers
or lakes (or to any combination of those matters), and
(c) may make provision for such transitional arrangements
as are necessary in relation to the implementation of the
order.
[6] Section 10 Application for licences
Omit "The application" from section 10 (2).
Insert instead "Except in the case of an application for a licence in respect
of an existing work, the application".
[7] Section 11 Notification of application for licence
Insert after section 11 (7):
(8) Subsections (1)(3) (a) do not apply to an application for a
licence in respect of an existing work.
[8] Section 11A Determination of applications affected by public inquiries
under the Environmental Planning and Assessment Act 1979
Insert "(other than an application in respect of an existing work)" after
"section 10" in section 11A (1).
Page 4
Water Legislation Amendment Bill 1999
Miscellaneous amendments to Part 2 of Water Act 1912 Schedule 1
[9] Section 12 Licence
Insert ", except in the case of an initial licence in respect of an existing
work," before "a licence" in section 12 (2) (b).
[10] Section 13A Application for licence by person who does not occupy
land on which works are to be constructed
Insert before section 13A (1):
(1A) This section does not apply to or in respect of an existing work.
[11] Section 20 Application for authority
Insert after section 20 (2):
(2A) The prescribed deposit referred to in subsection (2) is not
payable in the case of an initial authority in respect of an
existing work.
[12] Section 20A Notification of application and reference to local land
board or Magistrate
Insert after section 20A (2):
(3) This section does not apply to an application for an authority in
respect of an existing work.
[13] Section 20B Authority
Insert after section 20B (3):
(4) The prescribed fee is not payable in the case of an initial
authority in respect of an existing work.
[14] Section 20CA Application for authority by persons who do not occupy
land on which works are to be constructed
Insert before section 20CA (1):
(1A) This section does not apply to or in respect of an existing work.
Page 5
Water Legislation Amendment Bill 1999
Schedule 1 Miscellaneous amendments to Part 2 of Water Act 1912
[15] Section 20L Issue of group licence
Insert after section 20L (2):
(2A) The prescribed fee is not payable in the case of an initial group
licence in respect of an existing work.
[16] Section 20AG Interpretation
Insert at the end of the section:
(2) A reference in this Division to the holder of an entitlement
includes a reference to a person who is an applicant for an
entitlement.
[17] Section 22BB
Insert after section 22BA:
22BB Invalidation of applications for entitlements in respect of dams
(1) In this section:
dam includes any work used for the purposes of water storage
or conservation, but does not include any such work that, in the
opinion of the Ministerial Corporation, is used for
environmental purposes.
entitlement means a licence, permit, authority or group licence.
(2) The Ministerial Corporation may, by order published in the
Gazette, declare that, until the order is revoked, an application
for an entitlement in respect of a dam or class of dam specified
in the order may not be made after a specified date (being a
date not earlier than the date of publication).
(3) If an application for an entitlement in respect of a dam to which
any such order relates is made while the order is in force, the
application is invalid and must be rejected by the Ministerial
Corporation.
(4) The provisions of section 22BA (3) and (4) apply to an order
under this section in the same way as those provisions apply to
an order under section 22BA.
Page 6
Water Legislation Amendment Bill 1999
Miscellaneous amendments to Part 2 of Water Act 1912 Schedule 1
[18] Section 22C Charge if flow of water assured by work of Crown or water
or dam managed by State
Insert in alphabetical order in section 22C (1):
dam includes any work used for the purposes of water storage
or conservation.
[19] Section 22C (2B)
Insert after section 22C (2A):
(2B) The Ministerial Corporation may, by order published in the
Gazette, declare that the storage or conservation of water in any
specified dam or specified class of dam is managed by the
State.
[20] Section 22C (3A)
Insert after section 22C (3):
(3A) The holder of an entitlement in respect of a dam to which an
order under subsection (2B) relates must, subject to and in
accordance with this section, pay a charge for the right to store
or conserve water in the dam in addition to the fee (if any)
payable for the entitlement.
[21] Section 22C (4), (4A), (6A) and (6B)
Insert "or (3A)" after "subsection (3)" wherever occurring.
[22] Section 22C (4) (a1) and (8)
Omit "or (2A)" wherever occurring. Insert instead ", (2A) or (2B)".
[23] Section 22C (6AB)
Insert after section 22C (6AA):
(6AB) The Ministerial Corporation must, when fixing the charge
payable under this section in connection with an order under
subsection (2B), have regard to the benefits received by the
holder of the entitlement (including, in relation to a group
licence, each of the group licence occupiers) as a result of the
management by the State of the storage or conservation of
water in the dam.
Page 7
Water Legislation Amendment Bill 1999
Schedule 1 Miscellaneous amendments to Part 2 of Water Act 1912
[24] Section 27 Regulations
Insert after section 27 (1) (c1):
(c2) a scheme for transfers between holders of licences,
authorities and group licences of rights to store or
conserve water in dams within the meaning of section
22BB,
Page 8
Water Legislation Amendment Bill 1999
Amendment to Water Act 1912 relating to water harvesting rights Schedule 2
Schedule 2 Amendment to Water Act 1912 relating to
water harvesting rights
(Section 3)
[1] Section 21B Offences with respect to construction, erection and use of
work without licence etc
Insert "or Part 10" after "by this Part" wherever occurring in section 21B (1)
and (2).
[2] Part 10
Insert after Part 9:
Part 10 Right to harvest water
204 Definitions
In this Part:
capture includes impound, take or use.
entitlement under Part 2 means a licence, permit, authority or
group licence issued under Part 2.
harvestable rights order means an order of the Ministerial
Corporation under section 205.
impoundment means a work that impounds water.
minor stream means a river declared by a harvestable rights
order to be a minor stream.
owner of land includes any person who jointly or severally,
whether at law or in equity:
(a) is entitled to the land for any estate of freehold in
possession, or
(b) is a person to whom the Crown has lawfully contracted
to sell the land under the Crown Lands Act 1989 or any
other Act relating to the alienation of lands of the
Crown, or
Page 9
Water Legislation Amendment Bill 1999
Schedule 2 Amendment to Water Act 1912 relating to water harvesting rights
(c) is entitled to receive, or is in receipt of, or if the land
were let to a tenant would be entitled to receive, the
rents and profits from the tenancy as beneficial owner,
trustee, mortgagee in possession, or otherwise, or
(d) is the holder of a lease from the Crown or any statutory
body representing the Crown.
rainwater run-off means:
(a) water occurring naturally on the surface of the ground
(whether from rainfall or groundwater seepage), or
(b) rainwater that is impounded or diverted by means of
any work or any building or structure (other than a
building or structure used only for residential purposes).
river includes:
(a) a stream of water, whether perennial or intermittent,
flowing in a natural channel, or in a natural channel
artificially improved, or in an artificial channel that has
changed the course of the stream, and
(b) an affluent, confluent, branch or other stream of water
into or from which a stream referred to in paragraph (a)
flows, and
(c) anything declared in a harvestable rights order to be a
river for the purposes of this Part,
but does not include anything declared in a harvestable rights
order as not being a river for the purposes of this Part.
work has the same meaning as in Part 2.
205 Orders providing for rights to harvest water
(1) The Ministerial Corporation may from time to time make an
order (a harvestable rights order) that provides for the rights
of owners of land:
(a) to capture rainwater run-off, and
(b) to construct and use impoundments, and other works,
for the purpose of capturing rainwater run-off.
Page 10
Water Legislation Amendment Bill 1999
Amendment to Water Act 1912 relating to water harvesting rights Schedule 2
(2) A harvestable rights order is to give the owners of land in the
area to which the order applies a right, without obtaining an
entitlement under Part 2:
(a) to capture a minimum of 10 percent of the average
rainwater run-off of the area to which the order applies,
and
(b) to construct and use impoundments and other works for
the purpose of capturing that rainwater run-off.
(3) An owner of land has the right, without obtaining an
entitlement under Part 2:
(a) to capture rainwater run-off, and
(b) to construct and use an impoundment or other work for
the purpose of capturing rainwater run-off,
in accordance with any harvestable rights order that is in force
in respect of the land.
(4) A harvestable rights order may apply in respect of land in any
part of the State.
(5) Different harvestable rights orders may apply to different parts
of the State.
(6) A harvestable rights order is to be published in the Gazette and
takes effect on the date of its publication in the Gazette or a
later date specified in the order.
(7) A harvestable rights order may make provision for such
arrangements as are necessary for the implementation of the
order.
206 Matters that may be included in harvestable rights order
(1) Without limiting section 205, a harvestable rights order may
provide for the following:
(a) subject to section 205 (2), the amount of the average
rainwater run-off in any period that may be captured by
owners of land and the method by which that average
rainwater run-off is to be calculated,
(b) a description of the area to which the order applies (the
catchment area), being the area in respect of which the
average rainwater run-off is to be calculated,
Page 11
Water Legislation Amendment Bill 1999
Schedule 2 Amendment to Water Act 1912 relating to water harvesting rights
(c) the apportionment of the amount of average rainwater
run-off that may be captured by owners of land in the
catchment area between those owners according to the
size of their parcels of land, or by reference to some
other criteria the Ministerial Corporation considers
appropriate,
(d) the types of impoundments that may be used for the
purpose of capturing rainwater run-off, the maximum
storage capacity of impoundments and the locations in
which impoundments may be constructed and used,
(e) arrangements for the use of impoundments by more
than one owner of land (such as impoundments that are
located on the boundary of a parcel of land or on more
than one parcel of land),
(f) the rights of owners of land to use other works, besides
impoundments, for the purpose of capturing rainwater
run-off.
(2) A harvestable rights order may:
(a) treat any work to which Part 2 extends as an
impoundment under this Part, and include the capacity
of any such work in the calculation of the maximum
storage capacity of an impoundment that may be used
by an owner of land to capture rainwater run-off under
this Part, and
(b) require other matters provided for by Part 2 to be taken
into account for the purpose of determining the rights of
an owner of land under this Part.
(3) A harvestable rights order may make reference to maps held by
the Ministerial Corporation.
(4) The Ministerial Corporation is to ensure that copies of any
such maps are available for public inspection free of charge in
the office of the Ministerial Corporation for the region to which
the harvestable rights order relates.
(5) In this section:
parcel of land means a portion or parcel of land separately
valued under the Valuation of Land Act 1916.
Page 12
Water Legislation Amendment Bill 1999
Amendment to Water Act 1912 relating to water harvesting rights Schedule 2
207 Restrictions on impoundments
This Part does not permit an owner of land to construct or use
an impoundment or other work:
(a) that obstructs the flow of a river (other than a minor
stream), or
(b) that, in the opinion of the Ministerial Corporation:
(i) detrimentally affects or will detrimentally affect
the interests of any person, or
(ii) detrimentally affects or will detrimentally affect
the environment.
208 Directions relating to impoundments and other works
(1) If the Ministerial Corporation is satisfied that an impoundment
or other work used for the purpose of capturing rainwater
run-off:
(a) detrimentally affects or will detrimentally affect the
interests of any person, or
(b) detrimentally affects or will detrimentally affect the
environment,
the Ministerial Corporation may, by notice in writing served on
the owner of the land on which the impoundment or other
work is situated, direct the owner to carry out specified work in
a specified manner and within a specified time.
(2) Without limiting subsection (1), the direction may require the
owner of the land to carry out work for the purpose of
modifying, repairing, restoring or removing the impoundment
or other work.
(3) A direction under this section may be varied or revoked by a
further notice in writing served on the person the subject of the
direction.
(4) A person who fails to comply with a direction under this
section is guilty of an offence and is liable on conviction:
(a) in the case of a corporation--to a penalty not exceeding
2,500 penalty units and, in the case of a continuing
offence, to a further penalty not exceeding 1,200 penalty
units for each day the offence continues, or
Page 13
Water Legislation Amendment Bill 1999
Schedule 2 Amendment to Water Act 1912 relating to water harvesting rights
(b) in the case of an individual--to a penalty not exceeding
1,200 penalty units and, in the case of a continuing
offence, to a further penalty not exceeding 600 penalty
units for each day the offence continues.
(5) An owner of land is authorised to enter the land and carry out
work in accordance with a direction under this section.
(6) If a person fails to comply with a direction under this section,
the Ministerial Corporation may authorise any other person to
enter the land and carry out the specified work.
(7) The Ministerial Corporation may recover the cost of any work
carried out by the Ministerial Corporation under this section
from the owner of the land as a debt in a court of competent
jurisdiction.
(8) This section does not apply in respect of any impoundment or
other work that is the subject of an entitlement under Part 2 that
is in force.
209 Obstruction of persons
A person must not hinder or obstruct the Ministerial
Corporation, or any of its officers, employees or agents, in the
exercise of any function under section 208.
Maximum penalty: 200 penalty units in the case of a
corporation or 100 penalty units in the case of an individual.
210 Prior notification not required
The Ministerial Corporation is not required, before giving a
direction under section 208, to notify any person who may be
affected by the direction.
211 Appeals
(1) A person who is given a direction by the Ministerial
Corporation under section 208 may appeal against the direction
to the Land and Environment Court in accordance with the
rules of that court.
(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 action on the direction appealed
against.
Page 14
Water Legislation Amendment Bill 1999
Amendment to Water Act 1912 relating to water harvesting rights Schedule 2
212 Service of notices
Any notice under this Part that is required to be served on or
given to a person may be served or given:
(a) by delivering it personally to the person, or
(b) by delivering it to the place of residence or business of
the person to whom it is addressed and by leaving it
with any person apparently of or above the age of 14
years who apparently resides or is employed there, or
(c) by letter sent by post and addressed to the person at the
person's address last known to the Ministerial
Corporation.
Page 15
Water Legislation Amendment Bill 1999
Schedule 3 Miscellaneous amendments to Water Act 1912
Schedule 3 Miscellaneous amendments to Water Act
1912
(Section 3)
[1] Section 34 Constitution of trust
Omit section 34 (3).
[2] Section 112 Bores to be licensed
Insert after section 112 (2):
(3) This section extends to any bore that was constructed, or was
otherwise in existence, before 1912.
[3] Section 113 Application for licence
Insert after section 113 (2):
(3) An application for a licence in respect of any bore that was
constructed before the commencement of this subsection (as
inserted by the Water Legislation Amendment Act 1999) is not
required to be advertised in accordance with subsection (2).
[4] Schedule 2 Savings and transitional provisions
Insert at the end of clause 1 (1):
Water Legislation Amendment Act 1999
Page 16
Water Legislation Amendment Bill 1999
Amendment of other Acts Schedule 4
Schedule 4 Amendment of other Acts
(Section 4)
4.1 Land and Environment Court Act 1979 No 204
Section 17 Class 1--environmental planning and protection
appeals
Insert after section 17 (d):
(da) appeals under section 211 of the Water Act 1912,
4.2 Rivers and Foreshores Improvement Act 1948 No 20
Section 22B Permit required for excavation etc
Insert after section 22B (3):
(4) A person does not commit an offence under subsection (1) if
the activity concerned relates to a work, or class of work,
specified by the Ministerial Corporation by order published in
the Gazette.
4.3 Water Administration Act 1986 No 195
Schedule 2 Absolute rights
Omit clause 6.
Page 17
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