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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Water Management Amendment
Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendments to Water Management Act 2000 No 92 relating to
Commonwealth requirements 3
Schedule 2 Other amendments to Water Management Act 2000 No 92 10
Schedule 3 Amendment of other Acts 76
b2010-072-07.d11
New South Wales
Water Management Amendment
Bill 2010
No , 2010
A Bill for
An Act to amend the Water Management Act 2000 with respect to specific purpose
access licences and other access licences, environmental water, offences relating to
taking water and water meters and private irrigation and drainage bodies; and for
other purposes.
Clause 1 Water Management Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Water Management Amendment Act 2010. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Water Management Amendment Bill 2010
Amendments to Water Management Act 2000 No 92 relating to Schedule 1
Commonwealth requirements
Schedule 1 Amendments to Water Management Act 1
2000 No 92 relating to Commonwealth 2
requirements 3
[1] Sections 63A and 63B 4
Insert after section 63: 5
63A Commonwealth and other access licences arising from 6
arrangements 7
(1) The Minister may grant an access licence to the Commonwealth, 8
or a person nominated by the Commonwealth, at the Minister's 9
discretion, if the Minister is satisfied that: 10
(a) the licence is required in order to give effect to an 11
agreement or other arrangement (including, but not limited 12
to, a funding agreement or arrangement) entered into by or 13
on behalf of the State, and 14
(b) the licence is to form part of the Commonwealth 15
environmental water holdings within the meaning of the 16
Water Act 2007 of the Commonwealth. 17
(2) Sections 61 and 63 (1) and (2) do not apply to an access licence 18
granted under this section. 19
63B Licences arising out of State arrangements or agreements 20
(1) The Minister may grant an access licence to the State or a public 21
authority prescribed by the regulations, at the Minister's 22
discretion, if the Minister is satisfied that the licence is required 23
in order to give effect to an agreement or other arrangement 24
(including, but not limited to, a funding agreement or 25
arrangement) entered into by or on behalf of the State. 26
(2) A licence granted by the Minister under this section: 27
(a) may be granted subject to an adaptive environmental water 28
condition, or 29
(b) may be a licence of an environmental subcategory, or 30
(c) may be for water taken or permitted to be taken under a 31
licence of a class prescribed by the regulations for 32
environmental purposes. 33
(3) Sections 61 and 63 (1) and (2) do not apply to an access licence 34
granted under this section. 35
Page 3
Water Management Amendment Bill 2010
Schedule 1 Amendments to Water Management Act 2000 No 92 relating to
Commonwealth requirements
[2] Section 140 Definitions 1
Insert in alphabetical order: 2
landholder's water entitlement means the part of the share 3
component of a private irrigation board's access licence that is 4
available to a landholder of an irrigated holding within the private 5
irrigation district. 6
[3] Chapter 4, Part 2, Division 10A 7
Insert after Division 10: 8
Division 10A Transformation of water entitlements 9
190A Water entitlements of landholders 10
(1) A private irrigation board must, if requested to do so in writing 11
by a landholder of an irrigated holding to which water is supplied 12
by the board, determine the landholder's water entitlement. 13
(2) A board must have regard to the following matters when 14
determining the landholder's water entitlement: 15
(a) the nature of agricultural activities on the land, 16
(b) the amount of water currently supplied to the landholder, 17
(c) any present or past water sharing arrangements applicable 18
to the landholder, 19
(d) any other matter it considers relevant, 20
(e) any other matter prescribed by the regulations. 21
(3) A determination may specify the different parts of the 22
landholder's water entitlement that are available to the 23
landholder for different purposes. 24
(4) A determination must be in writing and comply with the 25
requirements prescribed by the regulations. Notice of a 26
determination must be given in writing by the board to the 27
landholder. 28
(5) A determination may be varied or redetermined only on a further 29
application made by the landholder within 3 months of the 30
determination or in the circumstances prescribed by the 31
regulations. 32
(6) A person must not participate in a determination of a landholder's 33
water entitlement if the person or a member of the person's 34
immediate family (within the meaning of the regulations) has an 35
interest in the entitlement. 36
Page 4
Water Management Amendment Bill 2010
Amendments to Water Management Act 2000 No 92 relating to Schedule 1
Commonwealth requirements
190B Transformation of landholder's water entitlement 1
(1) A private irrigation board may make an application under 2
Division 4 of Part 2 of Chapter 3 for the purpose of wholly or 3
partly transforming a landholder's water entitlement into an 4
access licence under this Act. 5
(2) On transformation of the whole or part of a landholder's water 6
entitlement to an access licence: 7
(a) the landholder is not entitled to vote (as a member of the 8
private irrigation board or as a landholder within the 9
private irrigation district) on any matter relating to the 10
transformation of one or more other landholders' water 11
entitlements or the supply of water to landholders who 12
have not transformed their water entitlements, and 13
(b) the board may continue to exercise functions in relation to 14
any works that are located on the landholding for which it 15
exercised functions immediately before the transformation 16
(whether or not the board is to deliver the landholders' 17
water entitlement under the access licence or the 18
landholding remains in the private irrigation district). 19
(3) If the whole of a landholder's water entitlement is transformed 20
and the landholder does not have a right to the delivery of that 21
water by the board: 22
(a) the landholder is not entitled to vote as a landholder within 23
the private irrigation district, and 24
(b) the board must not fix rates and charges in respect of the 25
landholder's landholding for that water (other than 26
termination charges). 27
(4) The regulations may make provision for or with respect to: 28
(a) other circumstances in which a landholder whose 29
landholder's water entitlement has been transformed 30
ceases to be a voting member, and 31
(b) the voting rights of landholders who have partially 32
transformed their landholders' water entitlements. 33
(5) A board may require a landholder to provide security as a 34
condition of consent to transformation of the whole or part of the 35
landholder's water entitlement, subject to the regulations. 36
(6) Without limiting subsection (5), the following kinds of security 37
may be required by a board: 38
(a) a charge over a part of an irrigation right that is not 39
transformed, 40
Page 5
Water Management Amendment Bill 2010
Schedule 1 Amendments to Water Management Act 2000 No 92 relating to
Commonwealth requirements
(b) a charge over an access licence or other entitlement to 1
water acquired by the person and resulting from the 2
transformation, 3
(c) a guarantee by an authorised deposit-taking institution, 4
(d) a deposit lodged with the board. 5
(7) In addition to any other charges it may fix under this Part, a board 6
may fix the following charges: 7
(a) termination charges payable by a landholder after 8
transformation of the whole or part of the landholder's 9
water entitlement, 10
(b) charges payable by a landholder for the delivery of water 11
after transformation of the whole or part of the 12
landholder's water entitlement. 13
[4] Section 221 Definitions 14
Insert in alphabetical order: 15
landholder's water entitlement means the part of the share 16
component of an access licence held by or on behalf of a private 17
water trust that is available to a landholder for irrigation. 18
[5] Chapter 4, Part 4, Division 5A 19
Insert after Division 5: 20
Division 5A Water entitlements 21
237A Water entitlements of landholders 22
(1) The members of a private water trust must, if requested to do so 23
in writing by a landholder of a landholding within the water 24
supply district of the trust to which water is supplied by the trust 25
for irrigation, determine the landholder's water entitlement. 26
(2) The members of the trust must have regard to the following 27
matters when determining the landholder's water entitlement: 28
(a) the nature of agricultural activities on the land, 29
(b) the amount of water currently supplied to the landholder, 30
(c) any present or past water sharing arrangements applicable 31
to the landholder, 32
(d) any other matter they consider relevant, 33
(e) any other matter prescribed by the regulations. 34
Page 6
Water Management Amendment Bill 2010
Amendments to Water Management Act 2000 No 92 relating to Schedule 1
Commonwealth requirements
(3) A determination may specify the different parts of the 1
landholder's water entitlement that are available to the 2
landholder for different purposes. 3
(4) A determination must be in writing and comply with the 4
requirements prescribed by the regulations. Notice of a 5
determination must be given in writing by the members of the 6
trust to the landholder. 7
(5) A determination may be varied or redetermined only on a further 8
application made by the landholder within 3 months of the 9
determination or in the circumstances prescribed by the 10
regulations. 11
(6) A person must not participate in a determination of a landholder's 12
water entitlement if the person or a member of the person's 13
immediate family (within the meaning of the regulations) has an 14
interest in the entitlement. 15
237B Transformation of landholder's water entitlement 16
(1) The holders of an access licence for the water supply district of a 17
private water trust may make an application under Division 4 of 18
Part 2 of Chapter 3 for the purpose of wholly or partly 19
transforming a landholder's water entitlement into an access 20
licence under this Act. 21
(2) On transformation of the whole or part of a landholder's water 22
entitlement to an access licence: 23
(a) the landholder is not entitled to vote (as a member of the 24
trust or as a voting member in the water supply district) on 25
any matter relating to the transformation of one or more 26
other landholders' water entitlements or the supply of 27
water to landholders who have not transformed their water 28
entitlements, and 29
(b) the members of the trust and the trust may continue to 30
exercise functions in relation to any works that are located 31
on the landholding for which they exercised functions 32
immediately before the transformation (whether or not the 33
trust is to deliver the landholders' water entitlement under 34
the access licence or the landholding remains in the water 35
supply district of the trust). 36
(3) If the whole of a landholder's water entitlement is transformed 37
and the landholder does not have a right to the delivery of that 38
water by the trust: 39
(a) the landholder is not entitled to vote as a landholder within 40
the water supply district of the trust, and 41
Page 7
Water Management Amendment Bill 2010
Schedule 1 Amendments to Water Management Act 2000 No 92 relating to
Commonwealth requirements
(b) the trust must not fix rates and charges in respect of the 1
landholder's landholding for that water (other than 2
termination charges). 3
(4) The regulations may make provision for or with respect to: 4
(a) other circumstances in which a landholder whose 5
landholder's water entitlement has been transformed 6
ceases to be a voting member in the water supply district 7
of the trust, and 8
(b) the voting rights of landholders who have partially 9
transformed their landholders' water entitlements. 10
(5) The members of a trust may require a landholder to provide 11
security as a condition of consent to transformation of the whole 12
or part of the landholder's water entitlement, subject to the 13
regulations. 14
(6) Without limiting subsection (5), the following kinds of security 15
may be required by the members of a trust: 16
(a) a charge over a part of an irrigation right that is not 17
transformed, 18
(b) a charge over an access licence or other entitlement to 19
water acquired by the person and resulting from the 20
transformation, 21
(c) a guarantee by an authorised deposit-taking institution, 22
(d) a deposit lodged with the trust. 23
(7) In addition to any other charges it may fix under this Part, the 24
members of a trust may fix the following charges: 25
(a) termination charges payable by a landholder after 26
transformation of the whole or part of the landholder's 27
water entitlement, 28
(b) charges payable by a landholder for the delivery of water 29
after transformation of the whole or part of the 30
landholder's water entitlement. 31
[6] Section 368 Appeals to Land and Environment Court 32
Insert at the end of section 368 (2) (b): 33
, and 34
(c) no appeal lies against a decision of the Minister to grant a 35
licence under section 63A or 63B or to impose a 36
discretionary condition on such a licence. 37
Page 8
Water Management Amendment Bill 2010
Amendments to Water Management Act 2000 No 92 relating to Schedule 1
Commonwealth requirements
[7] Schedule 1A Access Register 1
Insert ", 63A or 63B" after "63" wherever occurring in clause 1. 2
[8] Schedule 9 Savings, transitional and other provisions 3
Insert at the end of clause 1 (1): 4
Water Management Amendment Act 2010 5
[9] Dictionary, definition of "Ministerial action" 6
Insert ", 63A or 63B" after "section 63" in paragraph (a). 7
Page 9
Water Management Amendment Bill 2010
Schedule 2 Other amendments to Water Management Act 2000 No 92
Schedule 2 Other amendments to Water 1
Management Act 2000 No 92 2
[1] Section 8 Environmental water 3
Omit section 8 (1) (b). Insert instead: 4
(b) water (licensed environmental water) that is: 5
(i) committed by an adaptive environmental water 6
condition under section 8B, 8C, 8D or 63B, or 7
(ii) taken or permitted to be taken under a licence of an 8
environmental subcategory, or 9
(iii) taken or permitted to be taken under a licence of a 10
class prescribed by the regulations for the purposes 11
of this paragraph. 12
[2] Section 8 (4) 13
Omit the subsection. 14
[3] Section 8A Planned environmental water 15
Omit "If the relevant management plan so provides, the" from section 8A (1). 16
Insert instead "The". 17
[4] Section 8B Adaptive environmental water through dedication of existing 18
water entitlements 19
Omit "If the relevant management plan so provides, the" from section 8B (1). 20
Insert instead "The". 21
[5] Section 8B (2) 22
Omit "licence". Insert instead "licence, except as provided by the regulations". 23
[6] Section 8C Adaptive environmental water through system 24
improvements 25
Omit "If the relevant management plan so provides, the" from section 8C (1). 26
Insert instead "The". 27
Page 10
Water Management Amendment Bill 2010
Other amendments to Water Management Act 2000 No 92 Schedule 2
[7] Section 8D 1
Omit the section. Insert instead: 2
8D Adaptive environmental water conditions after surrender of 3
licences 4
(1) The Minister may keep an access licence surrendered by the 5
holder of the licence or transfer it to a catchment management 6
authority or other public body, and may change the licence to a 7
different category or subcategory, if: 8
(a) the share component of the licence is equivalent to the 9
share component of the surrendered licence (subject to the 10
application of any conversion factor prescribed by the 11
access licence dealing principles or the regulations), and 12
(b) an adaptive environmental water condition is or has been 13
imposed on the licence. 14
(2) The Minister may cancel an access licence surrendered by the 15
holder of the licence and transfer the share component of the 16
surrendered licence (subject to the application of any conversion 17
factor prescribed by the access licence dealing principles or the 18
regulations) to another licence if an adaptive environmental 19
water condition is or has been imposed on the licence. 20
[8] Section 8E General provisions relating to access licences with adaptive 21
environmental water conditions 22
Omit section 8E (6). 23
[9] Section 8F 24
Insert after section 8E: 25
8F Auditing of compliance with extraction limits 26
(1) This section applies for the purpose of auditing compliance with 27
the long-term extraction limit (however expressed) under a 28
management plan. 29
(2) The long-term extraction limit is taken to be varied by the amount 30
of any change to the amount of water committed as licensed 31
environmental water. 32
(3) The variation in the long-term extraction limit is to be determined 33
in accordance with a methodology approved by the Minister and 34
published in the Gazette. 35
Page 11
Water Management Amendment Bill 2010
Schedule 2 Other amendments to Water Management Act 2000 No 92
(4) To avoid doubt, water savings in a system (within the meaning of 1
section 8C) are not to be taken into account when determining the 2
variation. 3
(5) Water committed as licensed environmental water is not to be 4
accounted for as extraction. 5
[10] Section 20 Core provisions 6
Omit "and provisions relating to adaptive environmental water" from 7
section 20 (1) (a). 8
[11] Section 52 Domestic and stock rights 9
Insert at the end of section 52 (2) (c): 10
, or 11
(d) to carry out a controlled activity without a controlled 12
activity approval. 13
[12] Section 52A 14
Insert after section 52: 15
52A Removal of domestic and stock rights 16
(1) An owner or occupier of a landholding has no entitlement to 17
domestic and stock rights in respect of land, if a domestic and 18
stock rights removal recording is in force for the land. 19
(2) The Registrar-General must, on lodgment of an application by a 20
landholder in the form approved by the Registrar-General, make 21
a recording (a domestic and stock rights removal recording) to 22
the effect that the land is not subject to domestic and stock rights 23
under section 52. 24
(3) An application must be consented to by: 25
(a) each person who is the registered proprietor of an estate or 26
interest in the land, if the land is under the Real Property 27
Act 1900, or 28
(b) each person who has a legal interest in the land, if the land 29
is not under the Real Property Act 1900. 30
Note. Regulations under section 71YA may require a domestic 31
and stock rights removal recording to be made before a dealing 32
may be registered in the Access Register. 33
(4) A recording is to be made: 34
(a) by making an entry in the relevant folio of the Register, if 35
the land is under the Real Property Act 1900, or 36
Page 12
Water Management Amendment Bill 2010
Other amendments to Water Management Act 2000 No 92 Schedule 2
(b) by registering the application in the General Register of 1
Deeds, if the land is not under the Real Property Act 1900. 2
(5) A domestic and stock rights removal recording may be removed 3
by the Registrar-General only on application by the Minister. 4
(6) The Registrar-General must notify the Minister in writing of any 5
domestic and stock rights removal recording made by the 6
Registrar-General. 7
[13] Section 60B Contravention of terms and conditions of access licence 8
Insert "(other than the holder)" after "person" where firstly occurring. 9
[14] Section 60B (2) and (3) 10
Insert at the end of section 60B: 11
(2) If any term or condition of an access licence is contravened by 12
any person, each holder of the access licence is guilty of an 13
offence. 14
Tier 2 penalty. 15
(3) It is a defence to a prosecution under subsection (2) if the accused 16
person establishes: 17
(a) that the contravention of the term or condition was caused 18
by another person, and 19
(b) that the other person was not associated with the holder at 20
the time the term or condition was contravened, and 21
(c) that the holder took all reasonable steps to prevent the 22
contravention of the term or condition. 23
A person is associated with the holder for the purposes of this 24
subsection (but without limiting any other circumstances of 25
association) if the person is an employee, agent, licensee, 26
contractor or sub-contractor of the holder. 27
[15] Section 60C 28
Omit the section. Insert instead: 29
60C Taking water for which there is no, or insufficient, water allocation 30
(1) A person who takes water from a water source to which this Part 31
applies otherwise than in accordance with the water allocation for 32
Page 13
Water Management Amendment Bill 2010
Schedule 2 Other amendments to Water Management Act 2000 No 92
the access licence by which the taking of water from that water 1
source is authorised and: 2
(a) who intentionally or negligently fails to ascertain whether 3
the taking of water is in accordance with the water 4
allocation, or 5
(b) who knows or has reasonable cause to believe that the 6
taking of the water is not in accordance with the water 7
allocation, 8
is guilty of an offence. 9
Tier 1 penalty. 10
(2) A person who takes water from a water source to which this Part 11
applies otherwise than in accordance with the water allocation for 12
the access licence by which the taking of water from that water 13
source is authorised is guilty of an offence. 14
Tier 2 penalty. 15
(3) If a person who has the control or management of a water supply 16
work takes water by means of that work in contravention of 17
subsection (2), and the water supply work is nominated in 18
relation to an access licence held by some other person, both 19
persons are taken to have contravened that subsection. 20
(4) Either person referred to in subsection (3) may be proceeded 21
against and convicted for an offence under subsection (2), as the 22
case requires, whether or not the other person has been proceeded 23
against or convicted for such an offence. 24
[16] Section 60G Minister may charge for water illegally taken 25
Insert "water allocation" before "account" in section 60G (1) (b). 26
[17] Section 60I 27
Insert after section 60H: 28
60I Access licence required for water used in mining activities 29
(1) A person who takes water in the course of carrying out a mining 30
activity is, for the purposes of this Act, taking water from a water 31
source. 32
(2) Without limiting the generality of subsection (1), a person takes 33
water in the course of carrying out a mining activity if, as a 34
result of or in connection with, the activity or a past mining 35
activity carried out by the person, water is removed or diverted 36
Page 14
Water Management Amendment Bill 2010
Other amendments to Water Management Act 2000 No 92 Schedule 2
from a water source (whether or not water is returned to that 1
water source) or water is re-located from one part of an aquifer to 2
another part of an aquifer. 3
(3) To avoid doubt, a person who takes water in the course of 4
carrying out a mining activity as referred to in subsection (2) is 5
required to hold an access licence authorising the taking of that 6
water. 7
(4) In this section: 8
mineral has the same meaning as it has in the Mining Act 1992. 9
mineral exploration means prospecting pursuant to an 10
assessment lease, exploration licence, mineral claim, mining 11
lease or opal prospecting licence under the Mining Act 1992. 12
mining means the winning or removal of materials by methods 13
such as excavating, dredging, drilling or tunnelling for the 14
purpose of obtaining minerals or petroleum, and includes: 15
(a) the construction, commissioning, operation and 16
decommissioning of associated works, and 17
(b) the stockpiling, processing, treatment and transportation of 18
materials extracted, and 19
(c) the rehabilitation of land affected by mining. 20
mining activity means any of the following: 21
(a) mining, 22
(b) mineral exploration, 23
(c) petroleum exploration. 24
petroleum has the same meaning as it has in the Petroleum 25
(Onshore) Act 1991. 26
petroleum exploration means prospecting pursuant to a 27
petroleum title under the Petroleum (Onshore) Act 1991. 28
(5) This section does not limit any other provision of this Act. 29
[18] Section 63 Determination of applications 30
Insert after section 63 (7): 31
(8) This section does not prevent the transfer of a local water utility 32
access licence or a major utility access licence to persons other 33
than utilities if it is otherwise permitted under this Act. 34
Note. Such a transfer is permitted under section 71N. 35
[19] Section 66 Conditions of access licence generally 36
Insert "or the regulations" after "this Act" in section 66 (1) (a). 37
Page 15
Water Management Amendment Bill 2010
Schedule 2 Other amendments to Water Management Act 2000 No 92
[20] Section 66 (1B) 1
Insert after section 66 (1A): 2
(1B) The regulations may make provision for or with respect to 3
conditions of an access licence that are required to be imposed, 4
amended, revoked or suspended in connection with a dealing in, 5
or relating to, that licence. 6
[21] Section 66 (3) 7
Omit "is to". Insert instead "may". 8
[22] Section 67 Imposition of conditions after access licence is granted 9
Omit section 67 (2A). Insert instead: 10
(2A) Mandatory conditions of an access licence may be imposed, 11
amended, revoked or suspended by the Minister whenever it is 12
necessary to do so in order to enable compliance with or to give 13
effect to this Act, the regulations or a relevant management plan. 14
[23] Section 67 (3) 15
Insert ", amended, revoked or suspended" after "imposed". 16
[24] Section 67 (4) 17
Insert "imposed, or a change, as" after "A condition". 18
[25] Section 71D Creation of registered security interests by recording in 19
Access Register 20
Omit section 71D (2) (a). Insert instead: 21
(a) a specific purpose access licence of a kind prescribed by 22
the regulations, or 23
[26] Section 71L How does a dealing take effect? 24
Insert after section 71L (1): 25
Note. The regulations may provide that a dealing may not be registered 26
in the Access Register until a condition of consent to that dealing is 27
complied with (see section 71YA (6)). 28
[27] Section 71M Transfer of access licences 29
Omit section 71M (2). Insert instead: 30
(2) A local water utility access licence may be transferred only if: 31
(a) the transferee is a local water utility, or 32
Page 16
Water Management Amendment Bill 2010
Other amendments to Water Management Act 2000 No 92 Schedule 2
(b) the transferee is a major utility and the water supply 1
functions of the utility from which the licence is 2
transferred are to be carried out by the transferee. 3
[28] Section 71M (3) 4
Insert at the end of the subsection: 5
Note. The holder of a local water utility access licence or a major utility 6
access licence may transfer the licence to a person other than a local 7
water utility or a major utility for a term transfer (see section 71N). 8
[29] Section 71N Term transfers of entitlements under access licences 9
Omit section 71N (1) and (2). Insert instead: 10
(1) The holder of an access licence (the actual holder of the licence) 11
may transfer the whole of the water entitlements conferred by the 12
licence to another person for a specified period of not less than 6 13
months (a term transfer). 14
[30] Section 71N (7B) 15
Insert after section 71N (7A): 16
(7B) The Minister may end a term transfer of a local water utility 17
access licence or a major utility access licence, without the 18
consent of the transferor or transferee: 19
(a) if the Minister is satisfied that it is necessary to do so 20
because there is a risk to the water supply of a local water 21
utility or major utility, or 22
(b) in circumstances of a kind prescribed by the regulations. 23
[31] Section 71O Conversion of access licence to new category 24
Omit section 71O (2). Insert instead: 25
(2) This section does not apply to a supplementary water access 26
licence. 27
[32] Section 71Q Assignment of rights under access licence 28
Omit section 71Q (5). 29
[33] Section 71R Amendment of share component of access licence 30
Omit "local water utility access licence or" from section 71R (2). 31
[34] Section 71T Assignment of water allocations between access licences 32
Insert "the water allocation account for" after "credited to" in section 71T (3). 33
Page 17
Water Management Amendment Bill 2010
Schedule 2 Other amendments to Water Management Act 2000 No 92
[35] Section 71V Interstate assignment of water allocations 1
Insert "the water allocation account for" after "water allocations to" in 2
section 71V (2). 3
[36] Section 71V (2) 4
Insert "the water allocation account for" after "water allocations from". 5
[37] Section 71V (3) 6
Insert "the water allocation account for" after "credited to". 7
[38] Section 71Y General 8
Insert at the end of section 71Y (1) (c): 9
, and 10
(d) the regulations. 11
[39] Section 71Y (6) 12
Insert after section 71Y (5): 13
(6) The Minister may, if the Minister thinks it appropriate, deal with 14
2 or more related dealings under this Act at the same time, and in 15
the same application, as if they comprised one dealing. 16
[40] Section 71YA 17
Insert after section 71Y: 18
71YA Conditions of consents to dealings in licences 19
(1) The Minister may consent to a dealing in an access licence 20
subject to conditions. 21
(2) The regulations may make provision for or with respect to 22
mandatory conditions of consent for dealings (consent 23
conditions) in all or any access licences or access licences of a 24
class prescribed by the regulations. 25
(3) The Minister must impose the applicable consent conditions on a 26
dealing in an access licence. 27
(4) Without limiting any other provision of this section, regulations 28
may be made for or with respect to the following consent 29
conditions: 30
(a) conditions applying to particular locations, areas or water 31
sources, 32
(b) conditions requiring a specified proportion of the share 33
component of an access licence of a specified class to be 34
Page 18
Water Management Amendment Bill 2010
Other amendments to Water Management Act 2000 No 92 Schedule 2
committed as environmental water in a specified manner 1
or traded for environmental purposes, 2
(c) conditions requiring or relating to water savings or 3
proposed water savings, 4
(d) conditions requiring domestic and stock rights removal 5
recordings (within the meaning of section 52A) to be 6
obtained in circumstances prescribed by the regulations. 7
(5) A consent condition imposed by the Minister under this section 8
has effect despite any condition of the access licence or an 9
approval imposed by or under this Act. 10
(6) The regulations may provide that the Minister's consent to a 11
dealing does not take effect, or that a dealing must not be 12
registered in the Access Register, until a specified consent 13
condition or a consent condition of a specified class is complied 14
with. 15
(7) Consent conditions may be imposed, amended, revoked or 16
suspended by the Minister whenever it is necessary to do so in 17
order to enable compliance with or to give effect to this Act, the 18
regulations or a relevant management plan. 19
[41] Section 71Z Access licence dealing principles 20
Insert "or on which adaptive environmental water conditions are imposed, or 21
under which water is otherwise required to be committed for environmental 22
purposes, under this Act in connection with a dealing in an access licence" 23
after "Division" in section 71Z (1) (c). 24
[42] Section 76 Water allocations may be credited 25
Insert "the water allocation account for" after "recredited to" in section 76 (2). 26
[43] Section 77A Cancellation of access licences that can no longer be used 27
or are no longer required 28
Omit "is to cancel" from section 77A (2). Insert instead "may cancel". 29
[44] Section 77A (3) 30
Omit "is to consider". Insert instead "may consider". 31
[45] Section 78 Suspension and cancellation of access licences 32
Insert "water allocation" before "account" in section 78 (3) (c). 33
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[46] Section 85 Keeping of water allocation accounts 1
Insert "the water allocation account for" before "the licence" wherever 2
occurring in section 85 (1). 3
[47] Section 85 (2)(4) 4
Omit "the account" wherever occurring. 5
Insert instead "the water allocation account". 6
[48] Section 85 (5) and (6) 7
Omit "an account" wherever occurring. 8
Insert instead "a water allocation account". 9
[49] Section 85A Authorisation to take water from uncontrolled flows 10
Insert "water allocation" before "accounts" and "account" in section 85A (2) 11
and (6), respectively. 12
[50] Section 88 Regulations 13
Omit "under an access licence" wherever occurring in section 88 (1). 14
Insert instead "in the water allocation account for an access licence". 15
[51] Section 91A Using water without, or otherwise than as authorised by, a 16
water use approval 17
Omit section 91A (4). Insert instead: 18
(4) It is a defence to a prosecution under subsection (1) if the accused 19
person establishes that the water was used pursuant to a basic 20
landholder right. 21
(5) It is a defence to a prosecution under subsection (2) if the accused 22
person establishes: 23
(a) that the contravention of the subsection was caused by 24
another person, and 25
(b) that the other person was not associated with the accused 26
person at the time the subsection was contravened, and 27
(c) that the accused person took all reasonable steps to prevent 28
the commission of the offence. 29
A person is associated with the accused person for the purposes 30
of this subsection (but without limiting any other circumstances 31
of association) if the person is an employee, agent, licensee, 32
contractor or sub-contractor of the accused person. 33
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[52] Section 91B Constructing or using water supply work without, or 1
otherwise than as authorised by, a water supply work approval 2
Insert after section 91B (4): 3
(5) It is a defence to a prosecution under subsection (1) if the accused 4
person establishes that the water supply work was constructed or 5
used pursuant to a basic landholder right. 6
[53] Section 91G 7
Omit the section. Insert instead: 8
91G Contravention of terms and conditions of approval 9
(1) A person (other than the holder) who uses water, constructs or 10
uses a water management work or carries out a controlled activity 11
or an aquifer interference activity, pursuant to an approval is 12
guilty of an offence if the person contravenes any term or 13
condition of the approval. 14
Tier 2 penalty. 15
(2) If any term or condition of an approval is contravened by any 16
person, each holder of the approval is guilty of an offence. 17
Tier 2 penalty. 18
(3) It is a defence to a prosecution under subsection (2) if the accused 19
person establishes: 20
(a) that the contravention of the term or condition was caused 21
by another person, and 22
(b) that the other person was not associated with the holder at 23
the time the term or condition was contravened, and 24
(c) that the holder took all reasonable steps to prevent the 25
contravention of the term or condition. 26
A person is associated with the holder for the purposes of this 27
subsection (but without limiting any other circumstances of 28
association) if the person is an employee, agent, licensee, 29
contractor or sub-contractor of the holder. 30
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[54] Section 91I Taking water when metering equipment not working 1
Omit section 91I (1). Insert instead: 2
(1) A person who takes water from a water source to which this Part 3
applies by means of a metered work while its metering equipment 4
is not operating properly or is not operating and: 5
(a) who intentionally or negligently fails to ascertain whether 6
the metering equipment is not operating properly or is 7
operating, or 8
(b) who knows or has reasonable cause to believe that the 9
metering equipment is not operating properly or is not 10
operating, 11
is guilty of an offence. 12
Tier 1 penalty. 13
[55] Section 91I (3) 14
Omit the subsection. Insert instead: 15
(3) Subsections (1) (b) and (2) do not apply if the person who takes 16
the water: 17
(a) reports, in accordance with the regulations, that the 18
metering equipment is not operating properly or is not 19
operating, and 20
(b) complies with the requirements (if any) of the regulations 21
as to the taking of water in such circumstances, the keeping 22
of records and the repair or replacement (including 23
temporary replacement) of the metering equipment. 24
[56] Section 91K Meter tampering 25
Insert after section 91K (4) (b): 26
, or 27
(c) that is done to metering equipment by or on behalf of the 28
holder of the water supply work approval or drainage work 29
approval solely for the purposes of complying with any 30
requirements of regulations made under this Division. 31
[57] Section 91M General defence 32
Omit section 91M (2). Insert instead: 33
(2) It is a defence to a prosecution under this Division in relation to 34
the doing of anything without an approval if the accused person 35
establishes that the person was exempt, pursuant to this Act or the 36
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Other amendments to Water Management Act 2000 No 92 Schedule 2
regulations, from any requirement for an approval in relation to 1
the doing of that thing. 2
[58] Section 100 Conditions of approval generally 3
Insert "or the regulations" after "this Act" in section 100 (1) (a). 4
[59] Section 100 (4) 5
Insert after section 100 (3) (before the note): 6
(4) The regulations may make provision for or with respect to 7
conditions of an approval that are required to be imposed, 8
amended, revoked or suspended in connection with a dealing in, 9
or relating to, an access licence. 10
[60] Section 102 Imposition or change of conditions after approval is granted 11
Omit "vary" from section 102 (1). Insert instead "amend". 12
[61] Section 102 (1) and (2) 13
Omit "a variation" wherever occurring. Insert instead "an amendment". 14
[62] Section 102 (2) (b) 15
Omit "variation". Insert instead "amendment". 16
[63] Section 102 (3) 17
Omit the subsection. Insert instead: 18
(3) Mandatory conditions of an approval may be imposed, amended, 19
revoked or suspended by the Minister whenever it is necessary to 20
do so in order to enable compliance with or to give effect to this 21
Act, the regulations or a relevant management plan. 22
[64] Section 102 (4) 23
Omit "or variation made". Insert ", amended, revoked or suspended". 24
[65] Section 102 (5) 25
Omit "or variation". Insert "imposed or a change". 26
[66] Sections 104 (3) and 109 (1) (c2) 27
Omit "bore" wherever occurring. Insert instead "water bore". 28
[67] Section 106 Land benefited by approval 29
Omit "private irrigation board, private drainage board" from section 106 (3). 30
Insert instead "private water corporation". 31
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[68] Section 120A 1
Insert after section 120: 2
120A Entry and investigation powers 3
(1) An irrigation corporation may appoint a person to act as an 4
authorised officer of the corporation under this section. An 5
appointment is to be in writing and to comply with any 6
requirements of the regulations. 7
(2) An authorised officer of a corporation may enter land at any 8
reasonable time if the authorised officer is reasonably of the 9
opinion that the landholder has contravened an irrigation, water 10
supply or drainage agreement with the corporation and that it is 11
necessary to enter the land for the purpose of investigating that 12
contravention. 13
(3) An authorised officer who enters land under this section may 14
exercise the powers set out in section 339B (2) (a)(g). 15
(4) Sections 339D, 339F and 340 apply to authorised officers 16
appointed under this section. 17
(5) A corporation, and authorised officers of a corporation, may 18
exercise the functions conferred by this section only if authorised 19
to do so by the operating licence of the corporation. 20
(6) This section does not empower an authorised officer to enter any 21
part of premises used only for residential purposes. 22
(7) An irrigation corporation must compensate all interested parties 23
for any damage caused by a person exercising a power of entry 24
on to land under this section on behalf of the corporation (but not 25
any damage caused by the exercise of any other power), unless 26
the occupier obstructed or hindered the person in the exercise of 27
the power of entry. 28
[69] Section 125A 29
Insert after section 125: 30
125A Offence to contravene operating licence 31
(1) An irrigation corporation must not contravene the operating 32
licence of the corporation. 33
Tier 2 penalty. 34
(2) Action may be taken both under this section and section 125 in 35
respect of the same contravention of an operating licence. 36
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[70] Section 130 1
Omit sections 130 and 131. Insert instead: 2
130 Inclusion of land in area of operations 3
(1) The Minister may determine an application for the inclusion of 4
land within an irrigation corporation's area of operations by 5
granting or refusing the application. 6
(2) If the Minister grants the application, the Minister must, by order 7
published in the Gazette, include the land within the irrigation 8
corporation's area of operations. 9
[71] Section 134 10
Omit sections 134 and 135. Insert instead: 11
134 Exclusion of land from area of operations 12
(1) The Minister may determine an application for the exclusion of 13
land from an irrigation corporation's area of operations by 14
granting or refusing the application. 15
(2) If the Minister grants the application, the Minister must, by order 16
published in the Gazette, exclude the land from the irrigation 17
corporation's area of operations. 18
[72] Section 136A 19
Insert after section 136: 20
136A Charges for water illegally taken and damage to works 21
(1) An irrigation corporation may impose a charge on a person for 22
water taken if the corporation is satisfied on the balance of 23
probabilities that the person has knowingly taken water from a 24
water management work that is owned by, or is under the control 25
and management of, the corporation in contravention of this Act, 26
the regulations or an agreement with the corporation. 27
(2) A corporation may impose a charge on a person for the repair or 28
replacement of a work if the corporation is satisfied on the 29
balance of probabilities that the person has destroyed, damaged 30
or interfered with a work that is owned by, or is under the control 31
or management of, the corporation. 32
(3) The charge imposed by the corporation may include a penalty 33
component. 34
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Schedule 2 Other amendments to Water Management Act 2000 No 92
(4) The maximum charge that a corporation may impose under this 1
section: 2
(a) for the taking of water, is an amount not exceeding 5 times 3
the value of the water so taken, as determined in 4
accordance with the regulations, or 5
(b) for destroying, damaging or interfering with a work, is an 6
amount not exceeding 5 times the reasonable cost of the 7
repair or replacement (as required) of the work. 8
(5) Action under this section may not be taken against a person 9
unless the corporation: 10
(a) has given written notice to the person that the corporation 11
proposes to take such action, and 12
(b) has given the person a reasonable opportunity to make 13
submissions to the corporation with respect to the 14
proposed action, and 15
(c) has taken any such submissions into consideration. 16
(6) A charge imposed by a corporation under this section is 17
recoverable in any court of competent jurisdiction as a debt due 18
to the corporation. 19
(7) A corporation is not entitled to take action under this section 20
unless the operating licence of the corporation authorises the 21
corporation to take action under this section. 22
(8) Action may be taken under this section against a former member 23
of the corporation. 24
(9) The exercise of powers by a corporation under this section is 25
subject to any requirements of, or limits imposed by, the 26
regulations or the operating licence of the corporation. 27
[73] Section 137 Indemnities 28
Insert after section 137 (2): 29
(3) This section does not apply to an action, liability, claim or 30
demand referred to in section 137A. 31
[74] Section 137A 32
Insert after section 137: 33
137A Liability for water source and other changes 34
(1) An irrigation corporation, any officer or employee of an 35
irrigation corporation or a person acting under the direction of a 36
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Other amendments to Water Management Act 2000 No 92 Schedule 2
corporation, officer or employee is not subject to any action, 1
liability, claim or demand arising: 2
(a) from the unavailability of water, or 3
(b) from the escape of water from a water management work 4
owned by, or under the control or management of, the 5
corporation, or 6
(c) from a failure to supply, distribute or drain water that is 7
authorised by its operating licence or this Act or the 8
regulations, 9
as a consequence of anything done or omitted to be done in good 10
faith by the corporation, officer, employee or person for the 11
purposes of executing this Act or carrying out the functions of the 12
corporation. 13
(2) This section does not limit section 397. 14
[75] Chapter 4 Joint private works 15
Omit Parts 2 and 3. Insert instead: 16
Part 2 Private water corporations 17
Division 1 Preliminary 18
139 Definitions 19
In this Part: 20
board means the board of a corporation. 21
corporation means a private water corporation established under 22
this Part and listed in Schedule 13. 23
corporation work means a water management work, or a 24
proposed water management work, specified in the works plan 25
for a corporation. 26
member's water entitlement means the part of the share 27
component of the corporation's access licence that is available to 28
a member. 29
rules means the rules of a private water corporation, as in force 30
from time to time. 31
works plan means the works plan for a corporation specified for 32
the corporation, as in force from time to time. 33
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140 Requirements for access licences and approvals 1
Nothing in this Part authorises a corporation or landholder to do 2
anything for which this Act requires an access licence or approval 3
unless the corporation or landholder holds an appropriate access 4
licence or approval. 5
Division 2 Constitution and management of private 6
water corporations 7
141 Application for establishment of private water corporations 8
(1) Two or more landholders of landholdings that are being worked 9
on as 2 or more holdings may apply to the Minister to constitute 10
a private water corporation in relation to those landholdings. 11
(2) An application is: 12
(a) to be in the approved form, and 13
(b) to be accompanied by a works plan for the corporation and 14
proposed rules for the corporation, and 15
(c) to be accompanied by any other information required by 16
the Minister or prescribed by the regulations, and 17
(d) to be accompanied by the fee (if any) prescribed by the 18
regulations. 19
142 Determination of application and constitution of corporation 20
(1) The Minister may grant an application to establish a corporation 21
if: 22
(a) the Minister is satisfied that the purpose of the corporation 23
is to provide, maintain or operate any or all of a water 24
supply system, water distribution system or drainage 25
system, and 26
(b) the corporation and any proposed works plan and rules of 27
the corporation comply with any requirements of this Act 28
and the regulations. 29
(2) A corporation is to be constituted by the Minister by order 30
published on the NSW legislation website. 31
(3) In addition to constituting the corporation, the order must specify 32
the following: 33
(a) the name of the corporation, 34
(b) the water supply, water distribution or water drainage 35
purposes of the corporation, 36
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Other amendments to Water Management Act 2000 No 92 Schedule 2
(c) the landholdings for which the corporation may exercise 1
functions and the works plan for the corporation, 2
(d) the members of the corporation, 3
(e) the board members of the corporation, pending the first 4
election of board members, 5
(f) the date, time and place of the first election of the board 6
members of the corporation, 7
(g) the rules of the corporation. 8
(4) On the order being published or on such later day as may be 9
specified in the order: 10
(a) the corporation is constituted as a body corporate with the 11
name specified in the order, and 12
(b) the members of the corporation are the members specified 13
in the order, and 14
(c) the rules and works plan specified by the order take effect. 15
(5) A corporation is not a NSW government agency. 16
143 Functions of private water corporations 17
(1) A corporation has the following functions: 18
(a) to provide, maintain or operate a water supply system, 19
water distribution system or drainage system, 20
(b) any other function conferred or imposed on the corporation 21
by or under this or any other Act. 22
(2) A corporation may supply water: 23
(a) under an access licence or approval held by the 24
corporation, or 25
(b) for the purpose of an access licence or approval held by a 26
member whose member's water entitlement has been 27
transformed under Division 4. 28
(3) A corporation must exercise its functions in accordance with this 29
Act, the regulations and the rules. 30
144 Boards of private water corporations 31
(1) There is to be a board of a corporation. 32
(2) The board is to consist of not less than 3 and not more than 33
10 members of the corporation. 34
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Schedule 2 Other amendments to Water Management Act 2000 No 92
(3) The board has the following functions: 1
(a) to direct, control and manage the affairs of the corporation, 2
in accordance with this Act, the regulations and the rules, 3
(b) any other functions conferred on the board by or under this 4
Act. 5
(4) A board member holds office for the term prescribed by the rules. 6
(5) The regulations may prescribe the circumstances in which a 7
board member ceases to be a board member. 8
145 Rules of private water corporations 9
(1) A corporation may, from time to time, amend or replace the rules 10
of the corporation. 11
(2) The rules may make provision for or with respect to the following 12
matters: 13
(a) elections of the board, 14
(b) the members and procedure of the board, 15
(c) the members of the corporation, 16
(d) meetings of the corporation, 17
(e) the voting rights of members of the corporation, or classes 18
of members of the corporation, 19
(f) new members of the corporation, 20
(g) the functions of the corporation that may be exercised only 21
by resolution of the corporation at a meeting of the 22
members of the corporation, 23
(h) the imposition of rates and charges on members of the 24
corporation for services (including water) provided by the 25
corporation, 26
(i) the regulation of a water supply, water distribution or 27
drainage system provided by the corporation, 28
(j) the regulation of the supply, taking or use of water 29
provided by a water supply or water distribution system 30
provided by the corporation, 31
(k) the regulation of the draining or disposal of water through 32
a drainage system provided by the corporation, 33
(l) the financial management and systems of the corporation, 34
(m) the manner in which the rules are to be amended or 35
replaced, 36
(n) any other matters prescribed by the regulations, 37
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Other amendments to Water Management Act 2000 No 92 Schedule 2
(o) any other matters necessary for, or ancillary to, the 1
purposes of the corporation. 2
(3) The rules must: 3
(a) not be inconsistent with this Act or the regulations, and 4
(b) comply with any requirements prescribed by the 5
regulations. 6
(4) A corporation must notify changes to the rules, or replaced rules, 7
in the manner prescribed by the regulations. 8
(5) The rules are binding on the members of the corporation, board 9
members and landholders to whom the corporation provides 10
services and it is presumed that the members and any such 11
landholders have notice of the rules. 12
(6) A rule has no effect to the extent to which it is inconsistent with 13
this Act or the regulations. 14
(7) A corporation must not make a change to a rule unless the 15
proposed change has been approved by at least two thirds of the 16
members of the corporation who are entitled to vote on the 17
question or the change is authorised under the rules. 18
(8) The regulations may vary the proportion of members of a 19
corporation who must approve any such change or any class of 20
change. 21
146 Corporation must provide copy of rules to Minister 22
(1) A corporation must, if required to do so by the Minister, provide 23
the Minister with a copy of the rules of the corporation. 24
Maximum penalty: 20 penalty units. 25
(2) A corporation must, on the request of a member and payment by 26
the member of the fee (if any) prescribed by the rules of the 27
corporation, provide the member with a copy of the rules of the 28
corporation. 29
147 Delegation by corporations and boards 30
A corporation or a board may by instrument in writing delegate: 31
(a) to any member of the corporation or board, or 32
(b) to any employee of the corporation, 33
any of its functions, other than this power of delegation. 34
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Division 3 Operational functions 1
148 Corporation works and other works 2
(1) A corporation may exercise the following functions for the 3
purpose of its water supply, water distribution and drainage 4
functions: 5
(a) construct, install, maintain, operate and manage 6
corporation works, 7
(b) repair, replace, maintain, remove, extend, connect, 8
disconnect, improve or do any other things in relation to 9
corporation works that are necessary for the purposes of 10
carrying out its functions. 11
(2) The corporation may enter into an arrangement with a landholder 12
to provide services in relation to works that are not corporation 13
works. 14
149 Members may be required to provide distribution works 15
(1) A corporation may require a member of the corporation, or a 16
landholder who is supplied with water by the corporation, to do 17
any of the following: 18
(a) to provide water delivery systems on a landholding to 19
enable the supply of water to the land at the rate specified 20
by the corporation, 21
(b) to provide water storage works in the locations, and of a 22
kind, specified by the corporation for water supplied for 23
stock or domestic purposes, 24
(c) to maintain any water delivery systems or water storage 25
works on the land so as to enable the corporation to 26
properly exercise its functions in relation to the supply of 27
water. 28
(2) The requirement is to be made by notice in writing given by the 29
corporation to the member or landholder. 30
(3) A requirement may be made under this section only if it is 31
necessary for the efficient or effective operation of corporation 32
works or the carrying out of the corporation's functions. 33
150 Discontinuation of water supply by corporation 34
(1) A corporation may at any time suspend or restrict the supply of, 35
or refuse to supply, water to a member or landholder if the 36
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corporation is reasonably satisfied that any of the following 1
circumstances exist: 2
(a) the water that is available to the corporation cannot meet 3
the demand, 4
(b) the water that is available to the corporation is not suitable 5
for the required purpose, 6
(c) the corporation is unable to provide sufficient conveyance 7
water in connection with the operation of an irrigation 8
system, 9
(d) the corporation is not lawfully able to supply the quantity 10
of water, 11
(e) the member or landholder has failed to pay rates or charges 12
for water or other services provided by the corporation, 13
(f) the member or landholder has contravened or failed to 14
comply with a condition on which water or drainage 15
services are supplied by the corporation, 16
(g) the member or landholder has contravened or failed to 17
comply with a requirement of the corporation relating to 18
the provision, maintenance or repair of distribution works 19
or any other requirement made by the corporation in 20
accordance with this Act, the regulations or the rules, 21
(h) the member or landholder has contravened or failed to 22
comply with a requirement of this Act, the regulations or 23
the rules, 24
(i) the corporation is unable to dispose of water draining into 25
its drainage system because of the degraded quality of the 26
water. 27
(2) A corporation that takes action under this section may reduce the 28
amount of water available by different amounts or proportions 29
according to such factors as the corporation thinks fit. 30
151 Supply of services to other persons 31
(1) A corporation may enter into an agreement with a person who is 32
not a member of the corporation to supply water for the purpose 33
of irrigating land or other purposes, or to drain water from land, 34
by means of a water supply, water distribution or drainage system 35
provided and managed by the corporation. 36
(2) A corporation must not supply water for domestic purposes if a 37
supply of water is available to the person from a local water 38
utility or major utility. 39
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152 Powers of entry and inspection 1
(1) A corporation may, by its employees and agents, enter onto land 2
on which corporation works are situated, or any other land, for 3
the following purposes: 4
(a) to carry out any of its functions in relation to corporation 5
works, 6
(b) to read a meter that measures water supplied by the 7
corporation or monitors drainage for quantity or quality or 8
both, 9
(c) to carry out investigations or inspections, take levels, drill 10
test bore-holes, dig trenches, make surveys and marks, and 11
fix pegs and stakes, for the purposes of designing, 12
constructing or determining the site of a proposed 13
corporation work, 14
(d) to remove samples of materials from the land for the 15
purposes of carrying out the corporation's functions, but 16
only if the landholder has been consulted and the views of 17
the landholder have been considered, 18
(e) to exercise any other powers that are incidental to the 19
corporation's functions or that are reasonably necessary 20
for carrying out the corporation's functions. 21
(2) The powers of entry conferred by this section are not to be 22
exercised for a purpose referred to in subsection (1) (a), (c) or (d) 23
without prior notice to the landholder of the land. 24
(3) A corporation must ensure that as little damage as possible is 25
caused by the exercise of powers under this section. 26
153 Works plans 27
(1) A works plan for a corporation must: 28
(a) identify the water management works or proposed works 29
that are the corporation works, and 30
(b) specify the location of, and describe, the works, and 31
(c) specify the land to which the works plan applies. 32
(2) A works plan must comply with any requirements prescribed by 33
the regulations and the rules. 34
(3) A works plan may be amended or replaced if the amendment or 35
replacement is consented to by any landholder on whose land an 36
affected work is situated or is authorised by the rules. 37
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(4) A works plan may specify works on land of former members of 1
the corporation who have transformed their member's water 2
entitlements. 3
(5) Regulations may be made for or with respect to the keeping of, 4
and provision of, copies of works plans by corporations. 5
Division 4 Sale and transformation of water 6
entitlements 7
154 Water entitlements of members 8
(1) A corporation may, if requested to do so in writing by a member 9
of the corporation, determine the member's water entitlement. 10
(2) The corporation must determine an entitlement if the request is 11
made by a member who is supplied by the corporation with water 12
for irrigation. 13
(3) A corporation must have regard to the following matters when 14
determining the member's water entitlement: 15
(a) the nature of agricultural activities on the land to which 16
water is supplied, 17
(b) the amount of water currently supplied to the member, 18
(c) any present or past water sharing arrangements applicable 19
to the member, 20
(d) any other matter it considers relevant, 21
(e) any other matter prescribed by the regulations. 22
(4) A determination may specify the different parts of the member's 23
water entitlement that are available to the member for different 24
purposes. 25
(5) A determination must be in writing and comply with the 26
requirements prescribed by the regulations. Notice of a 27
determination must be given in writing by the corporation to the 28
member. 29
(6) A determination may be varied or redetermined only on a further 30
application made by the member within 3 months of the 31
determination or in the circumstances prescribed by the 32
regulations. 33
(7) A person must not participate in a determination of a member's 34
water entitlement if the person or a member of the person's 35
immediate family (within the meaning of the regulations) has an 36
interest in the entitlement. 37
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155 Sale or transfer of group entitlement 1
A corporation must not enter into a dealing to sell or mortgage the 2
whole or part of its water entitlement under its access licence 3
unless the dealing is permitted under, and is in accordance with, 4
the rules of the corporation. 5
156 Sale or transfer of members' water entitlements 6
(1) A member of a corporation may sell or transfer the whole or any 7
part of the member's water entitlement to another member or to 8
the corporation. 9
(2) A member must not sell or transfer the whole or part of the 10
member's water entitlement under this section unless the sale or 11
transfer has been approved by the corporation in accordance with 12
the rules or the regulations. 13
(3) A sale or transfer by a member does not affect the member's 14
membership of the corporation, except as provided by this Act or 15
the rules of the corporation. 16
157 Transformation of member's water entitlement 17
(1) A corporation may make an application under Division 4 of 18
Part 2 of Chapter 3 for the purpose of wholly or partly 19
transforming a member's water entitlement into an access licence 20
under this Act. 21
(2) On transformation of the whole or part of a member's water 22
entitlement to an access licence: 23
(a) the member is not entitled to vote (as a board member) or 24
as a member of the corporation on any matter relating to 25
the transformation of one or more other members' water 26
entitlements or the supply of water to members who have 27
not transformed their water entitlements, and 28
(b) the corporation may continue to exercise functions in 29
relation to any corporation works that are located on the 30
landholding (whether or not the corporation is to deliver 31
the member's water entitlement under the access licence or 32
the landholder is a member of the corporation). 33
(3) If the whole of a person's water entitlement is transformed and 34
the person does not have a right to the delivery of that water by 35
the corporation: 36
(a) the person ceases to be a member of the corporation, and 37
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(b) the corporation must not fix rates and charges in respect of 1
the person's landholding for that water (other than 2
termination charges). 3
(4) The rules may make provision for or with respect to other 4
circumstances in which a person whose member's water 5
entitlement has been transformed ceases to be a member of the 6
corporation. 7
(5) A corporation may require a member to provide security as a 8
condition of consent to transformation of the whole or part of the 9
member's water entitlement, subject to the regulations. 10
(6) Without limiting subsection (5), the following kinds of security 11
may be required by a corporation: 12
(a) a charge over a part of an irrigation right that is not 13
transformed, 14
(b) a charge over an access licence or other entitlement to 15
water acquired by the person and resulting from the 16
transformation, 17
(c) a guarantee by an authorised deposit-taking institution, 18
(d) a deposit lodged with the corporation. 19
Division 5 Changes to private water corporations 20
158 Changes in membership requiring works plan changes 21
(1) A corporation must not make a change in membership that 22
requires a change to the works plan unless the proposed change 23
to the works plan has been approved by at least two thirds of the 24
members of the corporation who are entitled to vote on the 25
question. 26
(2) The regulations may vary the proportion of members of a 27
corporation who must approve any such change. 28
(3) Any change to the works plan takes effect from the date approval 29
is given or such other date (being an earlier or later date) as is 30
specified in the approval. 31
159 Application for amalgamation of private water corporations 32
(1) Two or more corporations may apply to the Minister to constitute 33
one private water corporation. 34
(2) An application is: 35
(a) to be in the approved form, and 36
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(b) to be accompanied by a works plan for the land and 1
proposed rules for the new corporation, and 2
(c) to be accompanied by any other information required by 3
the Minister or prescribed by the regulations, and 4
(d) to be accompanied by the fee (if any) prescribed by the 5
regulations. 6
160 Determination of application for amalgamation 7
(1) The Minister may grant an application to amalgamate 2 or more 8
corporations if: 9
(a) the Minister is satisfied that the purpose of the 10
amalgamated corporation is to provide, maintain or 11
operate any or all of a water supply system, water 12
distribution system or drainage system, and 13
(b) the corporation and any proposed works plan or rules of 14
the corporation comply with any requirements of this Act 15
and the regulations. 16
(2) The amalgamated corporation is to be constituted by the Minister 17
by order published on the NSW legislation website. 18
(3) In addition to constituting the corporation, the order must specify 19
the following: 20
(a) the name of the corporation, 21
(b) the water supply, water distribution or water drainage 22
purposes of the corporation, 23
(c) the landholdings for which the corporation may exercise 24
functions and the works plan of the corporation, 25
(d) the members of the corporation, 26
(e) the board members of the corporation, pending the first 27
election of board members, 28
(f) the date, time and place for the first election of the board 29
members of the corporation, 30
(g) the rules of the corporation. 31
(4) On the order being published or on such later day as may be 32
specified in the order: 33
(a) the new corporation is constituted as a body corporate with 34
the name specified in the order, and 35
(b) the members specified in the order are the members of the 36
corporation, and 37
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(c) the rules and works plan specified by the order take effect, 1
and 2
(d) the amalgamated corporations are abolished, and 3
(e) the new corporation is taken for all purposes to be a 4
continuation of and the same legal entity as each of the 5
amalgamated corporations. 6
(5) The new corporation is not a NSW government agency. 7
161 Effect of sale of land 8
(1) If a member of a corporation sells to a person land to which the 9
corporation provides or is able to provide water supply or 10
drainage services: 11
(a) the member ceases to be a member in respect of that land 12
when that sale takes effect, and 13
(b) the purchaser is taken to be a member of the corporation 14
when the sale takes effect, and 15
(c) the purchaser has all the entitlements and liabilities of the 16
vendor as a member, in respect of the land, that the vendor 17
had immediately before the sale took effect. 18
(2) A member of a corporation who sells land as referred to in this 19
section must notify the corporation of the sale in accordance with 20
any requirements of the regulations or the rules. 21
162 Effect of subdivision 22
The subdivision of land by a member of a corporation: 23
(a) does not of itself entitle any other person to be a member 24
of the corporation or entitle any other person to be supplied 25
with water or provided with drainage or other services by 26
the corporation, and 27
(b) does not of itself affect any existing entitlement of any 28
other person in relation to any such service, and 29
(c) does not of itself affect any functions of the corporation in 30
relation to corporation works. 31
Division 6 Rates and charges 32
163 Fixing of rates and charges 33
(1) A corporation must for each year commencing on 1 July fix the 34
rates and charges payable in respect of each landholding that is a 35
landholding owned or occupied by its members for which the 36
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corporation may exercise functions, or for which it provides 1
water or drainage services in that year. 2
(2) In determining the amount of rates and charges payable, the 3
corporation must fix an amount that it considers is sufficient to 4
meet the estimated costs of the following: 5
(a) the corporation's likely costs in providing irrigation, water 6
supply and drainage services for that year, 7
(b) the liabilities of the corporation, 8
(c) the corporation's likely costs relating to corporation 9
works, including (but not limited to) maintenance, 10
improvement and replacement of works and new works, 11
(d) provision for a sinking fund (if necessary), 12
(e) any other matters prescribed by the regulations. 13
(3) The rates and charges payable may (but are not required to) be 14
fixed on the basis of any one or more of the following: 15
(a) the volume or quality of water supplied or proposed to be 16
supplied to a landholding, 17
(b) the area of a landholding, 18
(c) whether or not water or drainage services are or are 19
proposed to be provided to a landholding, 20
(d) the purpose for which water services are supplied or 21
proposed to be supplied to a landholding. 22
(4) If rates and charges are payable on the basis of the area of a 23
landholding, a landholding that has an area equal to a number of 24
hectares and a remaining fraction of a hectare is to be rounded up 25
to the nearest hectare. 26
(5) A corporation may also fix the following charges: 27
(a) termination charges payable by a member or former 28
member after transformation of the whole or part of the 29
member's water entitlement, 30
(b) charges payable for the delivery of water to a member or 31
former member after transformation of the whole or part of 32
the member's water entitlement. 33
(6) A corporation must give notice of its fees and charges for a year 34
in the manner prescribed by the regulations and must specify in 35
the notice the basis on which the rates and charges are calculated. 36
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(7) The rules of a corporation must provide for the procedures for 1
setting rates and charges and the period within which rates and 2
charges must be paid. 3
Note. The regulations may prescribe requirements for rules made under 4
this section (see section 145 (3) (b)). 5
164 Recovery of unpaid rates and charges 6
(1) The owner or occupier of a landholding for which rates or 7
charges are levied by a corporation must pay the rates and 8
charges to the corporation. 9
(2) If a landholding for which rates or charges are levied is owned or 10
occupied by more than one person the following provisions 11
apply: 12
(a) the rates or charges may be levied on one or more of those 13
persons and may be recovered by the corporation from any 14
one or more of those persons, 15
(b) the corporation is not entitled to recover more than the total 16
amount of the rates and charges (and any interest payable). 17
(3) If any land in a holding reverts to the Crown during any year for 18
which rates or charges are or are to be assessed, the person who 19
immediately before the reversion was the landholder of the land 20
is liable for payment of only that part of the rates or charges 21
proportionate to the part of the year for which the land was held 22
by the person, and any excess payment by the person must be 23
refunded to the person. 24
Note. Rates and charges are a charge on the land, procedures for the 25
sale of land for overdue rates are set out in Part 4 of Chapter 7. 26
165 Abandonment of rates and charges 27
(1) A corporation may, in accordance with the rules, waive or reduce 28
rates, charges and interest due. 29
(2) Rates and charges may be waived under this section only if the 30
auditor of the corporation certifies that the waiver is in 31
accordance with the rules and has been approved by the board of 32
the corporation. 33
Division 7 Finance 34
166 Financial records 35
(1) A corporation must cause proper accounts and records to be kept 36
in relation to all its operations. 37
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(2) A corporation must prepare financial statements for each 1
financial year of the corporation. 2
(3) Sections 41B and 41BA of the Public Finance and Audit Act 3
1983 apply to financial statements required to be prepared under 4
this section in the same way that they apply to financial reports 5
required to be prepared under that Act. 6
(4) The financial statements must be submitted for verification and 7
certification to an auditor appointed by the corporation in the 8
manner prescribed by the rules of the corporation. 9
(5) The regulations may provide for the qualifications for 10
appointment as an auditor under this section. 11
(6) A member of a corporation or a board member of the corporation 12
must not be appointed to audit the financial statements of the 13
corporation. 14
167 Auditor's right to access to information 15
(1) An auditor of a corporation has a right of access at all reasonable 16
times to the accounts and records of the corporation. 17
(2) A board member, or an employee of, a corporation must comply 18
with any reasonable request by the auditor of the corporation to 19
provide information or documents relating to the accounts or 20
financial statements or related records of the corporation. 21
Maximum penalty: 20 penalty units. 22
168 Presentation of audited financial statements 23
(1) A corporation must, at the request of the Minister, furnish to the 24
Minister the audited financial statements and any other 25
documents requested within the time specified in the request. 26
(2) The audited financial statements must be laid before the annual 27
general meeting of the corporation following their verification 28
and certification by the auditor. 29
169 Borrowing and investment by corporations 30
(1) A corporation may obtain financial accommodation, and may 31
invest the funds of the corporation, in any manner it thinks fit. 32
(2) A corporation may, for the purpose of obtaining financial 33
accommodation: 34
(a) charge the whole or any part of any of its property 35
(including any income arising from rates or charges) by 36
debenture, mortgage or in any other manner, and 37
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(b) enter into arrangements to provide guarantees or 1
indemnities. 2
(3) If a corporation defaults in carrying out its obligations under a 3
debenture charged on income arising from rates or charges, the 4
Supreme Court may, on the application of a creditor or a trustee 5
for the debenture holders: 6
(a) direct the corporation to appropriate a specified portion of 7
its income to satisfy its obligations under the debenture, or 8
(b) direct the corporation to raise a specified amount by way 9
of charges and direct the amount to be applied towards 10
satisfying those obligations, 11
and may give any other ancillary or incidental directions that it 12
thinks fit. 13
(4) The rights of a creditor or trustee in subsection (3) are in addition 14
to any other rights of the creditor or trustee. 15
(5) The obligations of a corporation are not guaranteed by the State 16
of New South Wales. 17
(6) The State of New South Wales is not liable to any action, 18
liability, claim or demand in respect of the exercise by or on 19
behalf of a corporation of any function under this Division. 20
(7) In this section: 21
funds includes any funds under the control of the corporation and 22
real property, securities or other property comprising an 23
investment. 24
obtaining of financial accommodation has the same meaning as 25
it has in the Public Authorities (Financial Arrangements) Act 26
1987. 27
Division 8 Enforcement powers 28
170 Charges for water illegally taken and damage to works 29
(1) A corporation may impose a charge on a person for water taken 30
if the corporation is satisfied on the balance of probabilities that 31
the person has knowingly taken water from a water management 32
work that is owned by, or is under the control and management 33
of, the corporation in contravention of this Act, the regulations, 34
the rules or an agreement with the corporation. 35
(2) A corporation may impose a charge on a person for the repair or 36
replacement of a work if the corporation is satisfied on the 37
balance of probabilities that the person has destroyed, damaged 38
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or interfered with a work that is owned by, or is under the control 1
or management of, the corporation. 2
(3) The charge imposed by the corporation may include a penalty 3
component. 4
(4) The maximum charge that a corporation may impose under this 5
section: 6
(a) for the taking of water, is an amount not exceeding 5 times 7
the value of the water so taken, as determined in 8
accordance with the regulations, or 9
(b) for destroying, damaging or interfering with a work, is an 10
amount not exceeding 5 times the reasonable cost of the 11
repair or replacement (as required) of the work. 12
(5) Action under this section may not be taken against a person 13
unless the corporation: 14
(a) has given written notice to the person that the corporation 15
proposes to take such action, and 16
(b) has given the person a reasonable opportunity to make 17
submissions to the corporation with respect to the 18
proposed action, and 19
(c) has taken any such submissions into consideration. 20
(6) A charge imposed by a corporation under this section is 21
recoverable in any court of competent jurisdiction as a debt due 22
to the corporation. 23
(7) A corporation is not entitled to take action under this section 24
unless the Minister has approved the application of this section to 25
the corporation. 26
(8) Action may be taken under this section against a former member 27
of the corporation. 28
(9) The exercise of powers by a corporation under this section is 29
subject to any requirements of, or limits imposed by, the 30
regulations or the rules of a corporation. 31
171 Entry and investigation powers 32
(1) A corporation may appoint a person to act as an authorised officer 33
of the corporation under this section. An appointment is to be in 34
writing and is to comply with any requirements of the 35
regulations. 36
(2) An authorised officer of a corporation may enter land at any 37
reasonable time if the authorised officer is reasonably of the 38
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opinion that the landholder has contravened an irrigation, water 1
supply, water distribution or drainage agreement with the 2
corporation and that it is necessary to enter the land for the 3
purpose of investigating that contravention. 4
(3) An authorised officer who enters land under this section may 5
exercise the powers set out in section 339B (2) (a)(g). 6
(4) Sections 339D, 339F and 340 apply to authorised officers 7
appointed under this section. 8
(5) A corporation, and authorised officers of a corporation, may 9
exercise the functions conferred by this section only if authorised 10
to do so by the rules of the corporation. 11
(6) This section does not empower an authorised officer to enter any 12
part of premises used only for residential purposes. 13
(7) A corporation must compensate all interested parties for any 14
damage caused by a person exercising a power of entry on to land 15
under this section on behalf of the corporation (but not any 16
damage caused by the exercise of any other power), unless the 17
occupier obstructed or hindered the person in the exercise of the 18
power of entry. 19
172 Ministerial directions about rules 20
(1) The Minister may, by notice in writing to a corporation, direct the 21
corporation to comply with, or cease to contravene, the rules of 22
the corporation. 23
(2) The notice may direct the corporation to take specified action or 24
to cease to take specified action. 25
(3) A corporation must not contravene a direction under this section. 26
Tier 2 penalty. 27
Division 9 Winding up of private water corporations 28
173 Appointment of an administrator 29
(1) The Minister may, by order published in the Gazette, remove the 30
members of the board of a corporation from office and appoint an 31
administrator to conduct the affairs of the corporation. 32
(2) The Minister may make an order if the Minister is of the opinion 33
that: 34
(a) the board or the corporation has failed, or is unable to, 35
carry out its functions as required by or under this Act, or 36
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(b) without limiting paragraph (a), the corporation has failed 1
or is unable to provide or maintain water supply, water 2
distribution or drainage services or corporation works, or 3
(c) the corporation is unable to pay its debts as they fall due, or 4
(d) the board or corporation has regularly or materially 5
contravened this Act, the regulations or the rules of the 6
corporation, or 7
(e) in all the circumstances of the case it is just and equitable 8
to do so. 9
(3) Before making an order, the Minister must: 10
(a) cause notice of the proposed order to be published in a 11
newspaper circulating in the local area in which the 12
corporation provides services, and 13
(b) in that notice, invite submissions to be made to the 14
Minister about the proposal within the period of 4 weeks 15
following the publication of the notice, and 16
(c) consider any submissions made within that period. 17
(4) The Minister is not required to comply with subsection (3) if the 18
Minister is of the opinion that the special circumstances of the 19
case require the order to be made immediately. 20
174 Functions of administrator 21
(1) The administrator of a corporation appointed under this Division 22
holds office for such period as is specified in the order appointing 23
the administrator. The administrator ceases to hold office if the 24
Minister, by a subsequent order published in the Gazette, revokes 25
the appointment or on the election of a new board under this 26
section. 27
(2) The administrator has and may exercise the functions of the 28
board of the corporation or corporation specified in the 29
administrator's order of appointment (subject to any conditions 30
specified in that order) but is not required to comply with the 31
rules of the corporation. 32
(3) The administrator may amend the rules of the corporation and 33
take such other action as is necessary to enable the corporation to 34
properly exercise its functions. 35
(4) The administrator is entitled to be paid such remuneration, from 36
the funds of the corporation, as the Minister may from time to 37
time determine. 38
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(5) The Minister may at any time, by order published in the Gazette, 1
extend the period of appointment of an administrator. 2
(6) The administrator must, if required to do so by the Minister, 3
report to the Minister on the administrator's conduct of the affairs 4
of the corporation. 5
(7) The administrator may at any time recommend to the Minister 6
that elections be held for a new board or that the corporation be 7
wound up. 8
(8) The administrator must, if required to do so by the Minister, 9
arrange for elections to be held for a new board. 10
175 Removed board members not eligible for re-election 11
If the board of a corporation has been removed from office, each 12
of the board members is ineligible for election to the board at any 13
subsequent election, unless the Minister declares in writing that 14
the board member is eligible for election at such an election. 15
176 Effect of administration on existing contracts 16
On the appointment of an administrator of a corporation: 17
(a) all contracts of employment with the corporation are 18
terminated, and 19
(b) the administrator may terminate any contract for the 20
provision of services to or by the corporation. 21
177 Winding up of corporations 22
(1) The Minister may, by order published in the Gazette, order that a 23
corporation be wound up if: 24
(a) requested to do so by the corporation, after a resolution to 25
wind up the corporation was passed at a meeting of the 26
corporation by not less than 75% of the members, or 27
(b) the administrator of the corporation has recommended that 28
the corporation be wound up. 29
(2) The order must appoint a person as the liquidator of the 30
corporation. 31
(3) The regulations may make provision for or with respect to the 32
winding up of a corporation and for the disposal of residual assets 33
of the corporation. 34
(4) The Minister may, by order published in the Gazette, abolish a 35
corporation if satisfied that the winding up of the corporation 36
under this section has been completed. 37
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Division 10 Miscellaneous 1
178 Liability for water source and other changes 2
(1) A corporation, any officer or employee of a corporation or a 3
person acting under the direction of the corporation, officer or 4
employee is not subject to any action, liability, claim or demand 5
arising: 6
(a) from the unavailability of water, or 7
(b) from the escape of water from a corporation work, or 8
(c) from a failure to supply, distribute or drain water that is 9
authorised by the rules, this Act or the regulations, 10
as a consequence of anything done or omitted to be done in good 11
faith by the corporation, officer, employee or person for the 12
purposes of executing this Act or of carrying out the functions of 13
the corporation. 14
(2) This section does not limit section 397. 15
179 Amendment of Schedule 13 to insert, change, omit name of 16
corporation 17
The Minister may, by order published on the NSW legislation 18
website, amend Schedule 13: 19
(a) to insert the name of a private water corporation 20
constituted under this Act, or 21
(b) to change the name of a private water corporation 22
constituted under this Act, or 23
(c) to omit the name of a private water corporation, if the 24
corporation is abolished. 25
[76] Section 221 Definitions 26
Insert in alphabetical order: 27
member's water entitlement means the part of the share 28
component of an access licence held by or on behalf a private 29
water trust that is available to a member. 30
rules means the rules of a private water trust, as in force from 31
time to time. 32
trust work means a water management work, or a proposed water 33
management work, specified in the works plan for a private water 34
trust. 35
works plan means the works plan for a private water trust 36
specified for the trust, as in force from time to time. 37
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[77] Section 221 1
Omit the definitions of member and water supply district. 2
Insert in alphabetical order: 3
trustee of a private water trust means a trustee elected under 4
section 223. 5
[78] Section 222 Requirements for access licences and approvals 6
Insert ", the trustees of a trust" after "private water trust" where firstly 7
occurring. 8
[79] Section 222 9
Omit "private water trust" where secondly occurring. 10
Insert instead "(or the trustees on behalf of the trust),". 11
[80] Chapter 4, Part 4, Divisions 29 12
Omit Chapter 4, Part 4, Divisions 26. Insert instead: 13
Division 2 Management of private water trusts 14
223 Trustees of private water trusts 15
(1) The number of trustees of a private water trust is to be the number 16
when section 220 commenced. 17
(2) The trustees of a trust are to be elected. 18
(3) The trustees must elect one of the trustees as chairperson of the 19
trust. 20
(4) The trustees have the following functions: 21
(a) to direct, control and manage the affairs of the trust, in 22
accordance with this Act, the regulations and the rules, 23
(b) any other functions conferred on the trustees by or under 24
this Act. 25
(5) The trustees are to act for and on behalf of the trust. 26
(6) A trustee holds office for the term prescribed by the rules. 27
(7) The regulations may prescribe the circumstances in which a 28
trustee ceases to be a trustee. 29
(8) For the purposes of this Act and the regulations, a trust is taken 30
to be the holder of any access licence or approval that is held by 31
any former or other current trustees on behalf of the trust. 32
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(9) A trustee must, as soon as practicable after ceasing to be a trustee, 1
take all necessary action to transfer any interest in property held 2
by the former trustee on behalf of the trust to the trustees of the 3
trust or the trust. 4
224 Water supply and other functions of trusts 5
(1) A private water trust has the following functions: 6
(a) to provide, maintain or operate a water supply system, 7
water distribution system or drainage system, 8
(b) any other function conferred or imposed on the trust by or 9
under this or any other Act. 10
(2) The trust may supply water: 11
(a) under an access licence or approval held by the trustees or 12
trust, or 13
(b) for the purpose of an access licence or approval held by a 14
member whose member's water entitlement has been 15
transformed under Division 4. 16
225 Rules of private water trusts 17
(1) A private water trust may, from time to time, amend or replace 18
the rules of the trust. 19
(2) The rules may make provision for or with respect to the following 20
matters: 21
(a) elections of trustees, 22
(b) the trustees and procedures of the trustees, 23
(c) the members of the trust, 24
(d) meetings of the trust, 25
(e) meetings of trustees of the trust, 26
(f) the voting rights of members of the trust, or classes of 27
members of the trust, 28
(g) new members of the trust, 29
(h) the functions of the trust that may be exercised only by 30
resolution at a meeting of the members of the trust, 31
(i) the imposition of rates and charges on members of the trust 32
for services (including water) provided by the trust, 33
(j) the regulation of a water supply, water distribution or 34
drainage system provided by the trust, 35
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(k) the regulation of the supply, taking or use of water 1
provided by a water supply or water distribution system 2
provided by the trust, 3
(l) the regulation of the draining or disposal of water through 4
a drainage system provided by the trust, 5
(m) the financial management and systems of the trust, 6
(n) the manner in which the rules are to be amended or 7
replaced, 8
(o) any other matters prescribed by the regulations, 9
(p) any other matters necessary for, or ancillary to, the 10
purposes of the trust. 11
(3) The rules must: 12
(a) not be inconsistent with this Act or the regulations, and 13
(b) comply with any requirements prescribed by the 14
regulations. 15
(4) A trust must notify changes to the rules, or replaced rules, in the 16
manner prescribed by the regulations. 17
(5) The rules are binding on the trustees and members of the trust and 18
landholders to whom the trust provides services and it is 19
presumed that the trustees, members and landholders have notice 20
of the rules. 21
(6) A rule has no effect to the extent to which it is inconsistent with 22
this Act or the regulations. 23
(7) A trust must not make a change to a rule unless the proposed 24
change has been approved by at least two thirds of the members 25
of the trust who are entitled to vote on the question or the change 26
is authorised by the rules. 27
(8) The regulations may vary the proportion of members of a trust 28
who must approve any such change or any class of change. 29
226 Trustees must provide copy of rules 30
(1) A trustee of a private water trust must, if required to do so by the 31
Minister, provide the Minister with a copy of the rules of the 32
trust. 33
Maximum penalty: 20 penalty units. 34
(2) A private water trust must, on the request of a member of the trust 35
and payment by the member of the fee (if any) prescribed by the 36
rules of the trust, provide the member with a copy of the rules of 37
the trust. 38
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227 Delegation 1
A private water trust or the trustees of a trust may by instrument 2
in writing delegate: 3
(a) to any trustee or to any member of the trust, or 4
(b) to any employee of the trust, 5
any of their functions, other than this power of delegation. 6
Division 3 Operational functions 7
228 Trust works and other works 8
(1) A private water trust may exercise the following functions for the 9
purpose of its water supply, water distribution and drainage 10
functions: 11
(a) construct, install, maintain, operate and manage trust 12
works, 13
(b) repair, replace, maintain, remove, extend, connect, 14
disconnect, improve or do any other things in relation to 15
trust works that are necessary for the purpose of carrying 16
out their functions. 17
(2) A private water trust may enter into an arrangement with a 18
landholder to provide services in relation to works that are not 19
trust works. 20
229 Members may be required to provide distribution works 21
(1) A private water trust may require a member of the trust, or a 22
landholder who is supplied with water by the trust, to do any of 23
the following: 24
(a) to provide water delivery systems on a landholding to 25
enable the supply of water to the land at the rate specified 26
by the trust, 27
(b) to provide water storage works in the locations, and of a 28
kind, specified by the trust for water supplied for stock or 29
domestic purposes, 30
(c) to maintain any water delivery systems or water storage 31
works on the land so as to enable the trust to properly 32
exercise functions in relation to the supply of water. 33
(2) The requirement is to be made by notice in writing given by the 34
trust to the member or landholder. 35
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(3) A requirement may be made under this section only if it is 1
necessary for the efficient or effective operation of trust works or 2
the carrying out of the trust's functions. 3
230 Discontinuation of water supply by trust 4
(1) A private water trust may at any time suspend or restrict the 5
supply of, or refuse to supply, water to a member or landholder if 6
the trust is reasonably satisfied that any of the following 7
circumstances exist: 8
(a) the water that is available to the trust cannot meet the 9
demand, 10
(b) the water that is available to the trust is not suitable for the 11
required purpose, 12
(c) the trust is unable to provide sufficient conveyance water 13
in connection with the operation of an irrigation system, 14
(d) the trust is not lawfully able to supply the quantity of 15
water, 16
(e) the member or landholder has failed to pay charges or fees 17
for water or other services provided by the trust, 18
(f) the member or landholder has contravened or failed to 19
comply with a condition on which water or drainage 20
services are supplied by the trust, 21
(g) the member or landholder has contravened or failed to 22
comply with a requirement of the trust relating to the 23
provision, maintenance or repair of distribution works or 24
any other requirement made by the trust in accordance 25
with this Act, the regulations or the rules, 26
(h) the member or landholder has contravened or failed to 27
comply with a requirement of this Act, the regulations or 28
the rules, 29
(i) the trust is unable to dispose of water draining into its 30
drainage system because of the degraded quality of the 31
water. 32
(2) A private water trust that takes action under this section may 33
reduce the amount of water available by different amounts or 34
proportions according to such factors as it thinks fit. 35
231 Supply of services to other persons 36
(1) A private water trust may enter into an agreement with a person 37
who is not a member of the trust to supply water for the purpose 38
of irrigating land or other purposes, or to drain water from land, 39
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by means of a water supply, water distribution or drainage system 1
provided and managed by the trust. 2
(2) A private water trust must not supply water for domestic 3
purposes if a supply of water is available to the person from a 4
local water utility or a major utility. 5
232 Powers of entry and inspection 6
(1) A private water trust may, by its employees or agents, enter onto 7
land on which trust works are situated, or any other land, for the 8
following purposes: 9
(a) to carry out any of the trust's functions in relation to trust 10
works, 11
(b) to read a meter that measures water supplied by the trust or 12
monitors drainage for quantity or quality or both, 13
(c) to carry out investigations or inspections, take levels, drill 14
test bore-holes, dig trenches, make surveys and marks, and 15
fix pegs and stakes, for the purposes of designing, 16
constructing or determining the site of a proposed trust 17
work, 18
(d) to remove samples of materials from the land for the 19
purpose of carrying out trust functions, but only if the 20
landholder has been consulted and the views of the 21
landholder have been considered, 22
(e) to exercise any other powers that are incidental to the 23
trust's functions that are reasonably necessary for carrying 24
out those functions. 25
(2) The powers of entry conferred by this section are not to be 26
exercised for a purpose referred to in subsection (1) (a), (c) or (d) 27
without prior notice to the landholder of the land. 28
(3) The trust must ensure that as little damage as possible is caused 29
by the exercise of powers under this section and must repair any 30
damage caused or pay compensation for the damage. 31
233 Works plans 32
(1) A works plan for a trust must: 33
(a) identify the water management works or proposed works 34
that are the trust works, and 35
(b) specify the location of, and describe, the works, and 36
(c) specify the land to which the works plan applies. 37
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(2) A works plan must comply with any requirements prescribed by 1
the regulations and the rules. 2
(3) A works plan may be amended or replaced if the amendment or 3
replacement is consented to by any landholder on whose land 4
affected works are situated or is authorised by the rules. 5
(4) A works plan may specify works on land of former members of 6
the trust who have transformed their member's water 7
entitlements. 8
(5) Regulations may be made for or with respect to the keeping of, 9
and provision of, copies of works plans. 10
Division 4 Sale and transformation of water 11
entitlements 12
234 Water entitlements of members 13
(1) A private water trust may, if requested to do so by a member of 14
the trust, determine the member's water entitlement. 15
(2) The trust must determine a member's water entitlement if the 16
request is made by a member who is supplied by the trust with 17
water for irrigation. 18
(3) The trust must have regard to the following matters when 19
determining the member's water entitlement: 20
(a) the nature of agricultural activities on the land to which 21
water is supplied, 22
(b) the amount of water currently supplied to the member, 23
(c) any present or past water sharing arrangements applicable 24
to the member, 25
(d) any other matter it considers relevant, 26
(e) any other matter prescribed by the regulations. 27
(4) A determination may specify the different parts of the member's 28
water entitlement that are available to the landholding for 29
different purposes. 30
(5) A determination must be in writing and comply with the 31
requirements of the regulations. Notice of a determination must 32
be given in writing by the trust to the member. 33
(6) A determination may be varied or redetermined only on a further 34
application made by the member within 3 months of the 35
determination or in the circumstances prescribed by the 36
regulations. 37
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(7) A person must not participate in a determination of a member's 1
water entitlement if the person or a member of the person's 2
immediate family (within the meaning of the regulations) has an 3
interest in the entitlement. 4
235 Sale or transfer of group entitlement 5
A private water trust must not enter into a dealing to sell or 6
mortgage the whole or part of the water entitlement of a trust 7
under an access licence unless the dealing is permitted under, and 8
is in accordance with, the rules of the trust. 9
236 Sale or transfer of members' water entitlements 10
(1) A member of a private water trust may sell or transfer the whole 11
or any part of the member's water entitlement to another member 12
or to the trust. 13
(2) A member must not sell or transfer the whole or part of the 14
member's water entitlement under this section unless the sale or 15
transfer has been approved by the trust in accordance with the 16
rules or the regulations. 17
(3) A sale or transfer by a member does not affect the member's 18
membership of the trust, except as provided by this Act and the 19
rules of the trust. 20
237 Transformation of member's water entitlements 21
(1) A private water trust may make an application under Division 4 22
of Part 2 of Chapter 3 for the purpose of wholly or partly 23
transforming a member's water entitlement into an access licence 24
under this Act. 25
(2) On transformation of the whole or part of a member's water 26
entitlement to an access licence: 27
(a) the member is not entitled to vote (as a trustee) or as a 28
member on any matter relating to the transformation of one 29
or more other members' water entitlements or the supply 30
of water to members who have not transformed their water 31
entitlements, and 32
(b) the trust may continue to exercise functions in relation to 33
any trust works that are located on the landholding 34
(whether or not the trust is to deliver the member's water 35
entitlement under the access licence or the landholder 36
remains a member of the trust). 37
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(3) If the whole of a person's water entitlement is transformed and 1
the person does not have a right to the delivery of that water by 2
the trust: 3
(a) the person ceases to be a member of the trust, and 4
(b) the trust must not fix rates and charges in respect of the 5
person's landholding for that water (other than termination 6
charges). 7
(4) The rules may make provision for or with respect to other 8
circumstances in which a person whose member's water 9
entitlement has been transformed ceases to be a member of the 10
trust. 11
(5) The trust may require a member to provide security as a condition 12
of consent to transformation of the whole or part of the member's 13
water entitlement, subject to the regulations. 14
(6) Without limiting subsection (5), the following kinds of security 15
may be required by the trust: 16
(a) a charge over a part of an irrigation right that is not 17
transformed, 18
(b) a charge over an access licence or other entitlement to 19
water acquired by the person and resulting from the 20
transformation, 21
(c) a guarantee by an authorised deposit-taking institution, 22
(d) a deposit lodged with the trust. 23
Division 5 Changes to private water trusts 24
238 Changes in membership requiring works plan changes 25
(1) A private water trust must not make a change in membership that 26
results in a consequential change to the works plan of the trust 27
unless the proposed change to the works plan has been approved 28
by at least two thirds of the members of the trust who are entitled 29
to vote on the question. 30
(2) The regulations may vary the proportion of the members of the 31
trust who must approve any such change. 32
(3) Any change to the works plan takes effect from the date approval 33
is given or such other date (being an earlier or later date) as is 34
specified in the approval. 35
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239 Application for amalgamation of private water trusts 1
(1) Two or more private water trusts may apply to the Minister to 2
constitute one private water trust. 3
(2) An application is: 4
(a) to be in the approved form, and 5
(b) to be accompanied by a works plan and proposed rules for 6
the new trust, and 7
(c) to be accompanied by any other information required by 8
the Minister or prescribed by the regulations, and 9
(d) to be accompanied by the fee (if any) prescribed by the 10
regulations. 11
239A Determination of application for amalgamation 12
(1) The Minister may grant an application to amalgamate 2 or more 13
trusts if: 14
(a) the Minister is satisfied that the purpose of the 15
amalgamated trust is to provide, maintain or operate any or 16
all of a water supply system, water distribution system or 17
drainage system, and 18
(b) the trust and any proposed works plan or rules of the trust 19
comply with any requirements of this Act and the 20
regulations. 21
(2) The amalgamated private water trust is to be constituted by the 22
Minister by order published on the NSW legislation website. 23
(3) In addition to constituting the trust, the order must specify the 24
following: 25
(a) the name of the trust, 26
(b) the water supply, water distribution or water drainage 27
purposes of the trust, 28
(c) the landholdings for which the trust may exercise functions 29
and the works plan of the trust, 30
(d) the members of the trust, 31
(e) the trustees of the trust, pending the first election of 32
trustees, 33
(f) the date, time and place for the first election of the trustees, 34
(g) the rules of the trust. 35
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(4) On the order being published or on such later day as may be 1
specified in the order: 2
(a) the new trust is constituted, and 3
(b) the members of the trust are the members specified in the 4
order, and 5
(c) the rules and works plan specified by the order take effect, 6
and 7
(d) the amalgamated trusts are abolished, and 8
(e) the new trust is taken for all purposes to be a continuation 9
of and the same legal entity as each of the amalgamated 10
trusts. 11
(5) The new trust is not a NSW government agency. 12
239B Effect of sale of land 13
(1) If a member of a private water trust sells to a person land to which 14
the trust provides or is able to provide water supply or drainage 15
services: 16
(a) the member ceases to be a member in respect of that land 17
when that sale takes effect, and 18
(b) the purchaser is taken to be a member of the trust when the 19
sale takes effect, and 20
(c) the purchaser has all the entitlements and liabilities of the 21
vendor as a member, in respect of the land, that the vendor 22
had immediately before the sale took effect. 23
(2) A member of a trust who sells land as referred to in this section 24
must notify the trust of the sale in accordance with any 25
requirements of the regulations or the rules. 26
239C Effect of subdivision 27
The subdivision of land by a member of a private water trust: 28
(a) does not of itself entitle any other person to be a member 29
of the trust or entitle any other person to be supplied with 30
water or provided with drainage or other services by the 31
trustees or trust, and 32
(b) does not of itself affect any existing entitlement of any 33
other person in relation to any such service, and 34
(c) does not of itself affect any functions of the trustees or trust 35
in relation to trust works. 36
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239D Conversion of private water trust to private water corporation 1
(1) A private water trust may apply to the Minister to convert the 2
trust to a private water corporation. 3
(2) An application is: 4
(a) to be in the approved form, and 5
(b) to be accompanied by a works plan for the corporation and 6
proposed rules for the corporation, and 7
(c) to be accompanied by any other information required by 8
the Minister or prescribed by the regulations, and 9
(d) to be accompanied by the fee (if any) prescribed by the 10
regulations. 11
(3) The Minister must not grant the application unless the Minister is 12
satisfied that not less than two thirds of the members of the trust 13
have approved of the application being made. 14
(4) The application is to be dealt with as if it were an application for 15
the constitution of a corporation made in accordance with Part 2. 16
(5) The regulations may make provision for or with respect to the 17
following matters: 18
(a) the modification of the application of the provisions of 19
Part 2 for the purposes of this section, 20
(b) provisions of a savings and transitional nature and any 21
other matter consequent on or ancillary to the creation of 22
the corporation. 23
Division 6 Rates and charges 24
239E Fixing of rates and charges 25
(1) A private water trust must for each year commencing on 1 July 26
fix the rates and charges payable in respect of each landholding 27
owned or occupied by its members that is a landholding for which 28
the trust may exercise functions, or for which it provides water or 29
drainage services in that year. 30
(2) In determining the amount of rates and charges payable, the trust 31
must fix an amount that it considers is sufficient to meet the 32
estimated costs of the following: 33
(a) the trust's likely costs in providing irrigation, water 34
supply, drainage and flood control services for that year, 35
(b) the liabilities of the trust, 36
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(c) the likely costs relating to trust works, including (but not 1
limited to) maintenance, improvement and replacement of 2
works and new works, 3
(d) provision for a sinking fund (if necessary), 4
(e) any other matters prescribed by the regulations. 5
(3) The rates and charges payable may (but are not required to) be 6
fixed on the basis of any one or more of the following: 7
(a) the volume or quality of water supplied or proposed to be 8
supplied to a landholding, 9
(b) the area of a landholding, 10
(c) whether or not water or drainage services are or are 11
proposed to be provided to a landholding, 12
(d) the purpose for which water services are supplied or 13
proposed to be supplied to a landholding. 14
(4) If rates and charges are payable on the basis of the area of a 15
landholding, a landholding that has an area equal to a number of 16
hectares and a remaining fraction of a hectare is to be rounded up 17
to the nearest hectare. 18
(5) The trust may also fix the following charges: 19
(a) termination charges payable by a member or former 20
member after transformation of the whole or part of the 21
member's water entitlement, 22
(b) charges payable for the delivery of water to a member after 23
transformation of the whole or part of the member's water 24
entitlement. 25
(6) A trust must give notice of its fees and charges for a year in the 26
manner prescribed by the regulations and must specify in the 27
notice the basis on which the rates and charges are calculated. 28
(7) The rules of a trust must provide for the procedures for setting 29
rates and charges and the period within which rates and charges 30
must be paid. 31
Note. The regulations may prescribe requirements for rules made under 32
this section (see section 225 (3) (b)). 33
239F Recovery of unpaid rates and charges 34
(1) The owner or occupier of a landholding for which rates or 35
charges are levied by a private water trust must pay the rates and 36
charges to the trust. 37
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(2) If a landholding for which rates or charges are levied is owned or 1
occupied by more than one person the following provisions 2
apply: 3
(a) the rates or charges may be levied on one or more of those 4
persons and may be recovered by the trust from any one or 5
more of those persons, 6
(b) the trust is not entitled to recover more than the total 7
amount of the rates and charges (and any interest payable). 8
(3) If any land in a holding reverts to the Crown during any year for 9
which rates or charges are or are to be assessed, the person who 10
immediately before the reversion was the landholder of the land 11
is liable for payment of only that part of the rates or charges 12
proportionate to the part of the year for which the land was held 13
by the person, and any excess payment by the person must be 14
refunded to the person. 15
Note. Rates and charges are a charge on the land, procedures for the 16
sale of land for overdue rates are set out in Part 4 of Chapter 7. 17
239G Abandonment of rates and charges 18
(1) A private water trust may, in accordance with the rules, waive or 19
reduce rates, charges and interest due. 20
(2) Rates and charges may be waived under this section only if the 21
auditor of the private water trust certifies that the waiver is in 22
accordance with the rules and has been approved by the trustees 23
of the trust. 24
Division 7 Finance 25
239H Financial records 26
(1) A private water trust must cause proper accounts and records to 27
be kept in relation to all the operations of the trust. 28
(2) The trust must prepare financial statements for each financial 29
year of the trust. 30
(3) Sections 41B and 41BA of the Public Finance and Audit Act 31
1983 apply to financial statements required to be prepared under 32
this section in the same way that they apply to financial reports 33
required to be prepared under that Act. 34
(4) The financial statements must be submitted for verification and 35
certification to an auditor appointed in the manner prescribed by 36
the rules of the trust. 37
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(5) The regulations may provide for the qualifications for 1
appointment as an auditor under this section. 2
(6) A trustee of a trust or a member of a trust must not be appointed 3
to audit the financial statements of the trust. 4
239I Auditor's right to access to information 5
(1) An auditor of a private water trust has a right of access at all 6
reasonable times to the accounts and records of the trust. 7
(2) A trustee of a trust must comply with any reasonable request by 8
the auditor of the trust to provide information or documents 9
relating to the accounts or financial statements or related records 10
of the trust. 11
Maximum penalty: 20 penalty units. 12
239J Presentation of audited financial statements 13
(1) A private water trust must, at the request of the Minister, furnish 14
to the Minister the audited financial statements and any other 15
documents requested within the time specified in the request. 16
(2) The audited financial statement must be laid before the annual 17
general meeting of the trust following their verification and 18
certification by the auditor. 19
239K Borrowing by private water trusts 20
(1) A private water trust has and may exercise the following 21
functions: 22
(a) to pay to the Treasury, at such times as may be fixed by the 23
Minister, the interest and charges payable by the trust, 24
(b) to borrow money, but only as provided by this section. 25
(2) A loan by way of limited overdraft may be obtained for the 26
purpose of meeting necessary legitimate expenditure prior to the 27
collection of rates or for the purpose of carrying out urgent works 28
of renewal, or replacement, or other emergency, for which 29
sufficient funds are not immediately available. 30
(3) On application by a trust the Minister may issue a certificate of 31
limit of overdraft, in which must be named the purpose in respect 32
of which the loan may be obtained and the limit of the amount to 33
be borrowed. 34
(4) The sum to be stated in the certificate as the limit of the overdraft 35
is in the discretion of the Minister, but must not exceed the 36
estimated amount required for the purpose mentioned therein 37
plus 10% of such amount. 38
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(5) The loan is subject to any conditions inserted by the Minister in 1
the certificate, and the money borrowed is taken to be secured on 2
the income of the trust and must be repaid within the time fixed 3
in the certificate. 4
(6) All sums received on account of a trust's sinking fund must be 5
carried by the Treasurer to a special account, to be called "The 6
Water Supply Loan Redemption Fund", and all other sums to the 7
Consolidated Fund. 8
(7) The regulations may make provision for or with respect to 9
regulating the payment to the Crown of interest. 10
Division 8 Winding up of private water trusts 11
239L Appointment of an administrator 12
(1) The Minister may, by order published in the Gazette, remove the 13
trustees of a private water trust from office and appoint an 14
administrator to conduct the affairs of the trust. 15
(2) The Minister may make an order if the Minister is of the opinion 16
that: 17
(a) the trustees or the trust have failed, or are unable to, carry 18
out their functions as required by or under this Act, or 19
(b) without limiting paragraph (a), the trustees or trust have 20
failed or are unable to provide or maintain water supply, 21
water distribution or drainage services or trust works, or 22
(c) the trust is unable to pay its debts as they fall due, or 23
(d) the trustees or trust have regularly or materially 24
contravened this Act, the regulations or the rules of the 25
trust, or 26
(e) in all the circumstances of the case it is just and equitable 27
to do so. 28
(3) Before making an order, the Minister must: 29
(a) cause notice of the proposed order to be published in a 30
newspaper circulating in the local area in which the trust 31
provides services, and 32
(b) in that notice, invite submissions to be made to the 33
Minister about the proposal within the period of 4 weeks 34
following the publication of the notice, and 35
(c) consider any submissions made within that period. 36
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(4) The Minister is not required to comply with subsection (3) if the 1
Minister is of the opinion that the special circumstances of the 2
case require the order to be made immediately. 3
239M Functions of administrator 4
(1) The administrator of a private water trust appointed under this 5
Division holds office for such period as is specified in the order 6
appointing the administrator. The administrator ceases to hold 7
office if the Minister, by a subsequent order published in the 8
Gazette, revokes the appointment or on the appointment of new 9
trustees under this section. 10
(2) The administrator has and may exercise the functions of the trust 11
specified in the administrator's order of appointment (subject to 12
any conditions specified in that order) but is not required to 13
comply with the rules of the trust. 14
(3) The administrator may amend the rules of the trust and take such 15
other action as is necessary to enable the trust to properly exercise 16
its functions. 17
(4) The administrator is entitled to be paid such remuneration, from 18
the funds of the trust, as the Minister may from time to time 19
determine. 20
(5) The Minister may at any time, by order published in the Gazette, 21
extend the period of appointment of an administrator. 22
(6) The administrator must, if required to do so by the Minister, 23
report to the Minister on the administrator's conduct of the affairs 24
of the trust. 25
(7) The administrator may at any time recommend to the Minister 26
that new trustees be appointed or that the trust be wound up. 27
(8) The administrator must, if required to do so by the Minister, 28
arrange for elections to be held for new elected trustees. 29
239N Removed trustees not eligible for re-election 30
If the trustees of a private water trust have been removed from 31
office, each of the trustees is ineligible for subsequent 32
appointment or election as a trustee of the trust, unless the 33
Minister declares in writing that the trustee is eligible for 34
subsequent appointment or election. 35
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239O Effect of administration on existing contracts 1
On the appointment of an administrator of a private water trust: 2
(a) all contracts of employment by or on behalf of the trust are 3
terminated, and 4
(b) the administrator may terminate any contract for the 5
provision of services to or by or on behalf of the trust. 6
239P Winding up of private water trusts 7
(1) The Minister may, by order published in the Gazette, order that a 8
private water trust be wound up if: 9
(a) requested to do so by the trustees after a resolution to wind 10
up the trust was passed at a meeting of the trust by not less 11
than 75% of the members of the trust, or 12
(b) the administrator of the trust has recommended that the 13
trust be wound up. 14
(2) The order must appoint a person as the liquidator of the trust. 15
(3) The regulations may make provision for or with respect to the 16
winding up of a trust and for the disposal of residual assets held 17
by or on behalf of the trust. 18
(4) The Minister may, by order published in the Gazette, abolish a 19
trust if satisfied that the winding up of the trust under this section 20
has been completed. 21
Division 9 Miscellaneous 22
239Q Liability for water source and other changes 23
(1) A private water trust, the trustees of a trust, any officer or 24
employee of the trustees of a trust or a person acting under the 25
direction of the trust, trustees, officer or employee is not subject 26
to any action, liability, claim or demand arising: 27
(a) from the unavailability of water, or 28
(b) from the escape of water from a trust work, or 29
(c) from a failure to supply, distribute or drain water that is 30
authorised by the rules, this Act or the regulations, 31
as a consequence of anything done or omitted to be done in good 32
faith by the trust, trustees, officer or employee or person for the 33
purposes of executing this Act or of carrying out the functions of 34
the trust. 35
(2) This section does not limit section 397. 36
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239R Ministerial directions about rules 1
(1) The Minister may, by notice in writing to a private water trust or 2
the trustees of a trust, direct the trust or trustees to comply with, 3
or cease to contravene, the rules of the trust. 4
(2) The notice may direct the trust or trustees to take specified action 5
or to cease to take specified action. 6
(3) A trust or the trustees of a trust must not contravene a direction 7
under this section. 8
Tier 2 penalty. 9
239S Name changes 10
The Minister may, by order published in the Gazette, change the 11
name of a private water trust, if the trust has been approved by the 12
voting members in accordance with the rules of the trust. 13
239T Private trusts not NSW government agencies 14
A private water trust is not a NSW government agency. 15
[81] Section 336B Mandatory guidelines 16
Insert "or other persons" after "landholders" in section 336B (1). 17
[82] Section 340D 18
Insert after section 340C: 19
340D Extraterritorial application 20
An order, direction or notice may be given under this Chapter to 21
a person in respect of a matter even though the person is outside 22
the State or the matter occurs or is located outside the State, so 23
long as the matter affects a matter to which this Act relates. 24
[83] Section 342 Destruction, damage and interference with certain works 25
Omit "a private irrigation board, a private drainage board" wherever occurring 26
in section 342 (1) and (2). 27
Insert instead "a private water corporation". 28
[84] Section 343 Taking water from public or private works 29
Omit "a private irrigation board, a private drainage board" from 30
section 343 (1). 31
Insert instead "a private water corporation". 32
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Schedule 2 Other amendments to Water Management Act 2000 No 92
[85] Section 343 (1) 1
Omit "corporation, board,". Insert instead "corporation,". 2
[86] Section 346 Unlicensed bore drilling 3
Omit "of any kind". 4
[87] Section 346 5
Omit "of that kind". 6
[88] Section 354 Definition 7
Omit "a private irrigation board, a private drainage board". 8
Insert instead "a private water corporation". 9
[89] Section 359 Sale of land for unpaid rates and charges 10
Insert ", private water corporation or private water trust" after "authority" 11
wherever occurring in section 359 (1) and (3) (a)(c). 12
[90] Section 367 Evidentiary certificates 13
Insert "the water allocation account for" before "a specified access licence" 14
wherever occurring in section 367 (2) (q) and (r). 15
[91] Section 367 (2) (s1) and (s2) 16
Insert after section 367 (2) (s): 17
(s1) a specified quantity of water that was taken was, or was 18
not, taken from a specified water source or part of a 19
specified water source, or 20
(s2) Part 2 or 3 of Chapter 3 of this Act does, or does not, apply 21
to a specified water source or part of a specified water 22
source, or 23
[92] Section 368 Appeals to Land and Environment Court 24
Insert after section 368 (1) (o): 25
(p) a decision by the Minister to give a direction to a private 26
water corporation, private water trust or the trustees of a 27
trust to comply with, or to cease to contravene, the rules of 28
the corporation or trust. 29
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Other amendments to Water Management Act 2000 No 92 Schedule 2
[93] Section 368 (1A) 1
Insert after section 368 (1): 2
(1A) An appeal lies to the Land and Environment Court against any of 3
the following decisions: 4
(a) a decision by a private water corporation or an irrigation 5
corporation to impose a charge under section 136A or 170 6
on a member, landholder or other person, 7
(b) a decision by a private water corporation as to a member's 8
water entitlement, 9
(c) a decision by a private water trust or the trustees of a trust 10
as to a member's water entitlement. 11
[94] Section 368 (2) (a1) 12
Insert after section 368 (2) (a): 13
(a1) no appeal lies against a decision imposing a condition on 14
consent to a dealing in an access licence, or any decision 15
imposing, amending, revoking or suspending a mandatory 16
condition of consent or a mandatory condition of an access 17
licence or an approval, for purposes related to a dealing in 18
an access licence, and 19
[95] Section 375 Acquisition of land 20
Omit "private irrigation board" wherever occurring in section 375 (2). 21
Insert instead "private water corporation". 22
[96] Section 375 (2A) 23
Insert after section 375 (2): 24
(2A) The acquisition of land by the Ministerial Corporation for the 25
purposes of a private water trust is taken to be for the purposes of 26
this Act if the purpose of the acquisition is to enable the trustees 27
of the trust or the trust to exercise functions under this Act. 28
[97] Section 389A Conferral of water management functions on catchment 29
management authorities 30
Omit "adaptive environmental water" from section 389A (1) (b). 31
Insert instead "licensed environmental water (within the meaning of 32
section 8)". 33
[98] Section 397 Exclusion of personal liability 34
Insert "or trustee" after "member" in section 397 (1) (b). 35
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Schedule 2 Other amendments to Water Management Act 2000 No 92
[99] Section 397 (2) (f) and (g) 1
Omit the paragraphs. Insert instead: 2
(f) a private water corporation, or 3
(g) the administrator of a private water corporation or a private 4
water trust, or 5
[100] Schedule 9 Savings, transitional and other provisions 6
Insert after clause 73: 7
73A Application of metering offences 8
(1) A reference in sections 91H and 91I to a condition of an access 9
licence or approval includes a reference to a condition of an 10
entitlement as referred to in clause 2 of Schedule 10. 11
(2) This clause does not apply in respect of any proceedings for an 12
offence under those sections commenced before the date of 13
assent to the Water Management Amendment Act 2010. 14
(3) Subclause (1) is taken to have commenced on the commencement 15
of section 91H. 16
[101] Schedule 9 17
Insert at the end of the Schedule with appropriate Part and clause numbering: 18
Part Provisions consequent on enactment of 19
Water Management Amendment Act 2010 20
Definitions 21
In this Part: 22
new corporation means a private water corporation constituted 23
under this Part. 24
the 2010 amending Act means the Water Management 25
Amendment Act 2010. 26
Continuing application of provisions to private irrigation boards, 27
private irrigation districts and private drainage boards 28
(1) Parts 2 and 3 of Chapter 4 of the Act, and any regulations made 29
for the purposes of those Parts, as in force immediately before the 30
repeal of those Parts, continue to apply to a private irrigation 31
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Water Management Amendment Bill 2010
Other amendments to Water Management Act 2000 No 92 Schedule 2
board and its private irrigation district, or a private drainage 1
board, until they are wound up, abolished, or converted to private 2
water corporations under this Part (whichever occurs first). 3
(2) This clause is subject to this Part. 4
Conversion of existing private irrigation boards and districts and 5
private drainage boards 6
(1) This clause applies to a private irrigation board and a private 7
irrigation district, or a private drainage board, in existence 8
immediately before the repeal of Parts 2 and 3 of Chapter 4 of the 9
Act by the 2010 amending Act. 10
(2) On the commencement of this clause: 11
(a) each private irrigation board and each private drainage 12
board is constituted as a body corporate that is a private 13
water corporation, and 14
(b) each private irrigation board and its associated private 15
irrigation district and each private drainage board are 16
abolished. 17
(3) Each private water corporation constituted by this clause: 18
(a) has the same name as the private irrigation board or private 19
drainage board it replaces, unless the Minister otherwise 20
approves, and 21
(b) is taken for all purposes to be a continuation of and the 22
same legal entity as the private irrigation board or private 23
drainage board it replaces. 24
(4) The regulations may make provision for or with respect to the 25
following matters: 26
(a) deeming provisions of an instrument under this Act or an 27
instrument of the relevant board to be rules of the 28
corporation, 29
(b) deeming works (including works for which the board 30
exercises functions after transformation of a landholder's 31
entitlement) to be corporation works of the corporation, 32
(c) specifying works and other matters that are deemed to 33
comprise the works plan of the corporation, 34
(d) the landholdings for which the corporation may exercise 35
functions, 36
(e) deeming existing rates and charges to be rates and charges 37
of the corporation, 38
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Schedule 2 Other amendments to Water Management Act 2000 No 92
(f) deeming existing members of private irrigation boards and 1
private drainage boards to be board members of the 2
corporation, pending the first election of board members, 3
(g) the date, time and place for the first election of the board 4
members of the corporation, 5
(h) the members of the corporation, 6
(i) requirements for the preparation and adoption of a works 7
plan and rules of the corporation, 8
(j) provisions of a savings or transitional nature and any other 9
matter consequent on or ancillary to the creation of a new 10
corporation. 11
(5) A corporation constituted under this clause is not a NSW 12
government agency. 13
Conversion of private water trusts to private water corporations 14
(1) The members of a private water trust may apply to the Minister 15
to convert the trust to a private water corporation. 16
(2) If an application is made under this clause, the Minister may 17
convert the trust to a private water corporation under 18
section 239D and may dispense with any of the requirements of 19
that section. 20
(3) The Minister may approve an application under this clause 21
subject to conditions requiring compliance with those 22
requirements within a period specified by the Minister. 23
(4) The regulations may make provision for or with respect to the 24
following matters: 25
(a) deeming provisions of an instrument under this Act or an 26
instrument of the trust to be rules of the corporation, 27
(b) deeming works (including works for which the trust 28
exercises functions after transformation of a landholder's 29
entitlement) to be corporation works of the corporation, 30
(c) specifying works and other matters that are deemed to 31
comprise the works plan of the corporation, 32
(d) the landholdings for which the corporation may exercise 33
functions, 34
(e) deeming existing rates and charges to be rates and charges 35
of the corporation, 36
(f) deeming existing members of trusts or trustees to be board 37
members of the corporation, pending the first election of 38
board members, 39
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(g) the date, time and place for the first election of the board 1
members of the corporation, 2
(h) the members of the corporation, 3
(i) requirements for the preparation and adoption of a works 4
plan and rules of the corporation, 5
(j) provisions of a savings or transitional nature and any other 6
matter consequent on or ancillary to the creation of the 7
corporation. 8
(5) This clause ceases to have effect 24 months after the 9
commencement of section 239D, as inserted by the 10
2010 amending Act. 11
Existing chairpersons of private water trusts 12
The substitution of section 223 by the 2010 amending Act does 13
not affect the appointment of any chairperson of a private water 14
trust who held office as chairperson immediately before that 15
substitution. 16
Existing members of trusts 17
(1) A member of a trust who held office immediately before the 18
commencement of section 223, as inserted by the 2010 amending 19
Act, is taken to have been elected as a trustee of the trust for the 20
period ending on the expiry of the period of the person's last 21
appointment, or until elections are held for trustees of the trust, 22
whichever first occurs. 23
(2) A reference in any instrument to a member of a private water trust 24
(other than a voting member of such a trust) is taken to be a 25
reference to a trustee of a private water trust. 26
Rules of private water trusts 27
(1) Clauses 50, 5355, Divisions 612 of Part 7 and Part 9 (other 28
than Division 2) of the Water Management (General) Regulation 29
2004, as in force immediately before the commencement of 30
section 225 (as inserted by the 2010 amending Act), continue to 31
apply to or in respect of the trustees of a private water trust and 32
private water trusts and are taken to be the rules of the trust until 33
they are amended or replaced under section 225 (as inserted by 34
the 2010 amending Act). 35
(2) This clause is subject to the regulations. 36
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Schedule 2 Other amendments to Water Management Act 2000 No 92
Works plans of private water trusts 1
The regulations may make provision for or with respect to the 2
following: 3
(a) deeming works (including works for which a private water 4
trust exercises functions after transformation of an 5
entitlement) to be trust works of a private water trust, 6
(b) specifying the works and other matters that are deemed to 7
comprise the works plan of a private water trust, 8
(c) the landholding for which a private water trust may 9
exercise functions. 10
Existing rates and charges of private water trusts 11
(1) The rates and charges fixed by a private water trust, and in force 12
immediately before the commencement of section 239E, as 13
inserted by the 2010 amending Act, continue to apply until new 14
rates and charges are fixed under this Act. 15
(2) Until rules are adopted for a trust for the purposes of Division 6 16
of Part 4 of Chapter 4, as substituted by the 2010 amending Act: 17
(a) sections 232 and 233, as in force immediately before that 18
substitution, continue to apply to or in respect of the trust 19
and its water supply district, and 20
(b) sections 239E and 239F, as inserted by the 2010 amending 21
Act, do not apply to or in respect of the trust. 22
(3) This clause is subject to the regulations. 23
Transfer of property by former trust members 24
(1) This clause applies to a former member of a private water trust 25
who had ceased to be such a member before the commencement 26
of section 223, as inserted by the 2010 amending Act. 27
(2) The former member must take all action necessary to transfer any 28
interest in property held by the former member on behalf of the 29
private water trust to the trust or as directed in writing by the 30
current trustees. 31
References to adaptive environmental water conditions 32
A reference in any instrument to an adaptive environmental water 33
condition is taken to be a reference to a condition referred to in 34
section 8 (1) (b) (i), as inserted by the 2010 amending Act. 35
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Other amendments to Water Management Act 2000 No 92 Schedule 2
Application of new defences 1
Sections 91A (4) and (5), 91B (5) and 91I (3), as inserted by the 2
2010 amending Act, do not apply to proceedings for offences 3
commenced before the commencement of those subsections. 4
[102] Schedule 10 Conversion of former entitlements to access licences and 5
approvals 6
Omit "bore" wherever occurring in the definition of entitlement in clause 2. 7
Insert instead "water bore". 8
[103] Schedule 10, clause 16 9
Omit "bore" wherever occurring. Insert instead "water bore". 10
[104] Schedule 13 11
Insert after Schedule 12: 12
Schedule 13 Private water corporations 13
(Sections 139 and 179) 14
[105] Dictionary, definition of "adaptive environmental water condition" 15
Omit "section 8 (1) (b)". Insert instead "section 8 (1) (b) (i)". 16
[106] Dictionary, definition of "assignment dealing" 17
Insert "the water allocation account for" before "an access licence" in 18
paragraph (b). 19
[107] Dictionary, definition of "nominated water supply work" 20
Insert "the water allocation account for" after "water credited to". 21
[108] Dictionary, definitions of "private drainage board" and "private irrigation 22
board" 23
Omit the definitions. Insert instead: 24
private water corporation means a private water corporation 25
constituted under Part 2 of Chapter 4. 26
[109] Dictionary, definition of "specific purpose access licence" 27
Omit paragraph (d). 28
Page 75
Water Management Amendment Bill 2010
Schedule 3 Amendment of other Acts
Schedule 3 Amendment of other Acts 1
3.1 Farm Water Supplies Act 1946 No 22 2
[1] Section 16A Loan to private water corporation 3
Omit the definition of Board from section 16A (1). 4
Insert in alphabetical order: 5
private water corporation means a private water corporation 6
within the meaning of the Water Management Act 2000. 7
[2] Section 16A (2), (4) and (6) 8
Omit "Board" wherever occurring. 9
Insert instead "private water corporation". 10
[3] Section 16A (5) 11
Omit "Board" where firstly occurring. 12
Insert instead "private water corporation". 13
[4] Section 16A (5) 14
Omit "Board" where secondly occurring. 15
Insert instead "corporation". 16
3.2 Land and Environment Court Act 1979 No 204 17
Section 17 Class 1--environmental planning and protection appeals 18
Omit "section 368" from section 17 (c). 19
Insert instead "section 368 (1) and (1A)". 20
Page 76
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Amendment of other Acts Schedule 3
3.3 Roads Act 1993 No 33 1
Section 99 Private bodies to maintain or repair certain water supply and 2
drainage works 3
Omit "a private irrigation board, a private drainage board" from section 99 (1). 4
Insert instead "a private water corporation". 5
Page 77
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