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SYDNEY WATER CATCHMENT MANAGEMENT ACT 1998 

- As at 17 July 2009
- Act 171 of 1998

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Other Acts not affected
   5.      Act to bind Crown

   PART 2 - CONSTITUTION OF SYDNEY CATCHMENT AUTHORITY

   6.      Constitution of SCA
   7.      Board
   8.      Functions of Board
   9.      Chief Executive
   10.     Chief Executive to manage SCA
   11.     Ministerial directions
   12.     (Repealed)

   PART 3 - ROLE, OBJECTIVES AND FUNCTIONS OF SCA

           Division 1 - Role and objectives

   13.     Role
   14.     Objectives

           Division 2 - Functions

   15.     General functions
   16.     Specific functions
   17.     Concurrence and other roles under environmental planning instruments
   18.     Concurrence and other roles under licensing legislation
   19.     Compliance role under other legislation

           Division 3 - Area of operations

   20.     Area of operations
   21.     Facilitating provisions of orders

           Division 3A - Arrangements for drawing water

   21A.    Arrangements for drawing water

           Division 4 - Arrangements with Sydney Water Corporation

   22.     Arrangements with Sydney Water Corporation
   23.     Negotiations
   24.     Role of Tribunal with respect to arrangements

           Division 5 - Financial provisions

   24A.    Sydney Catchment Management Fund
   24B.    Payments into Fund
   24C.    Payments out of Fund
   24D.    Investment of Fund
   24E.    Fees for services supplied by SCA

   PART 4 - CONTROL AND ACCOUNTABILITY OF SCA

           Division 1 - Operating licence

   25.     Grant of operating licence
   26.     Terms and conditions of operating licence
   27.     Amendment of operating licence
   28.     Term of operating licence
   29.     Contravention of operating licence
   29A.    Contravention of operating licence: action by Tribunal
   29B.    Review of certain decisions of Tribunal concerning operating licence
   30.     Cancellation of operating licence

           Division 1A - Regulatory functions of Tribunal

   30A.    Regulatory functions of Tribunal

           Division 2 - Licence and other auditing functions of Tribunal

   31.     Functions of Tribunal
   32.     Report on operational audit
   33.     Presentation of report to Parliament
   33A.    Cost of audit

           Division 3 - Statement of financial framework

   34.     Statement of financial framework

           Division 4 - Memoranda of understanding

   35.     Definition
   36.     Requirement to enter into certain memoranda of understanding
   37.     Direction to enter into certain memoranda of understanding
   38.     Public exhibition of memoranda of understanding

           Division 5 - Reports to Parliament

   39.     Reports
   40.     Other documents to be presented to Parliament

   PART 5 - CATCHMENT AREAS

           Division 1 - Catchment areas

   41.     Declaration of catchment areas
   42.     Catchment health indicators
   42A.    Catchment audits
   42B.    Incorporation of catchment audit findings
   42C.    Report concerning adjustments as a result of catchment audit findings
   42D.    Operation of this Division

           Division 2 - Special areas

   43.     Definitions
   44.     Special areas
   45.     Restriction on alienation of land in special areas
   46.     Crown land in special areas
   47.     Exercise of functions by public agencies in special areas
   48.     Regulations concerning special areas
   49.     Plans of management
   50.     Operations under plan of management

           Division 3 - Controlled areas

   51.     Controlled areas
   52.     Regulations concerning controlled areas

           Division 4 - (Repealed)
           None

   PART 6 - PROVISIONS RELATING TO WORKS AND LAND

   54.     Ownership of works
   55.     Entry on to land
   56.     (Repealed)
   57.     Exercise of powers of entry
   58.     Compensation by SCA for damage
   59.     Compensation to SCA for damage
   60.     Acquisition of land for purposes of this Act
   61.     Approval of infrastructure activities in area of operations
   62.     Application of certain provisions

   PART 6A - CATCHMENT CORRECTION NOTICES AND CATCHMENT PROTECTION NOTICES

           Division 1 - Definitions

   62A.    Definitions

           Division 2 - Catchment correction notices

   62B.    Corrective action by occupiers or persons carrying on certain activities
   62C.    Corrective action by public authorities
   62D.    Catchment correction notice may be given orally
   62E.    Fee for catchment correction notice

           Division 3 - Catchment protection notices

   62F.    Preventive action
   62G.    Action in event of failure to comply
   62H.    Commencement of operation of catchment protection notice or variation of catchment protection notice
   62I.    Fee for catchment protection notice
   62J.    Appeals against catchment protection notices

           Division 4 - Compliance costs

   62K.    Compliance cost notices
   62L.    Recovery of amounts
   62M.    Registration of compliance cost notices in relation to land
   62N.    Charge on land subject to compliance cost notice

           Division 5 - Miscellaneous

   62O.    Multiple notices
   62P.    Revocation or variation
   62Q.    Obstruction of persons

   PART 6B - REQUIREMENTS TO PROVIDE INFORMATION

   62R.    Power of authorised officers to require answers
   62S.    Requirement to provide information and records
   62T.    Provisions relating to records
   62U.    Requirement to state name and address or produce driver licence
   62V.    Requirement for owner of motor vehicle and others to give information
   62W.    Provisions relating to requirements to furnish records, information or answer questions
   62X.    Revocation or variation

   PART 7 - OFFENCES

   63.     Illegal diversion of water
   64.     Offence to discharge into works
   64A.    Obstruction of authorised officer
   64B.    Offences by corporations
   65.     Penalty notices
   66.     Payment of penalty does not affect other proceedings
   67.     Persons causing offences
   68.     Disposal of proceedings for offences
   69.     Time within which proceedings may be commenced

   PART 7A - EVIDENTIARY MATTERS

   69A.    Onus of proof of certain matters
   69B.    Proof of certain appointments not required
   69C.    Documentary evidence generally
   69D.    Certificate evidence of certain matters
   69E.    Evidence of analysts

   PART 7B - AUTHORISED OFFICERS

   69F.    Appointment of authorised officers
   69G.    Scope of authority
   69H.    Identification

   PART 8 - MISCELLANEOUS

   70.     Transfer of staff, assets, rights and liabilities to SCA
   71.     Service of notices
   72.     Amendment of other Acts
   73.     Savings, transitional and other provisions
   74.     Regulations
   75.     Review of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           Schedule 5 (Repealed)
           SCHEDULE 6
           SCHEDULE 7

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