New South Wales Consolidated Acts

SYDNEY WATER CATCHMENT MANAGEMENT ACT 1998 - SECT 3

3 Definitions

(1) In this Act:
"area of operations" means:

(a) in relation to the SCA-the area of operations of the SCA under this Act, or

(b) in relation to the Sydney Water Corporation-the area of operations of the Sydney Water Corporation under the Sydney Water Act.

"authorised officer" means a person appointed as an authorised officer under section 69F.
"Board" means the Sydney Catchment Authority Board constituted under this Act.
"catchment area" means the inner catchment area or the outer catchment area.
"catchment audit" means an audit conducted under section 42A.
"catchment health", in relation to the catchment area, means the condition of ecosystems and systems of management (such as sewerage and stormwater systems) in that catchment that protect water quality.
"catchment infrastructure works" means:

(a) water storages, water mains, or connected or associated works, or

(b) monitoring devices in, under, over or near any works referred to in paragraph (a), or

(c) any works ancillary or antecedent to any works referred to in paragraph (a) or (b), or

(d) hydro-electric plants or associated infrastructure or works,

and includes anything prescribed by the regulations as being within this definition, but excludes anything prescribed by the regulations as being outside this definition.
"catchment management" means the management of land and water resources in the catchment area.
"Chief Executive" means the Chief Executive of the SCA.
"controlled area" means an area of land for the time being declared under this Act to be a controlled area.
"county council" means a county council under the Local Government Act 1993 .
"environmental flow" means a release of water from storage so as to provide a flow of water in a river, stream or other natural waterway that:

(a) mimics natural seasonal flows, and

(b) restores and maintains the ecology of the waterway concerned.

"exercise" a function includes perform a duty.
"function" includes a power, authority or duty.
"Fund" means the Sydney Catchment Management Fund referred to in section 24A.
"inner catchment area" means land for the time being declared under this Act to be or to be part of the inner catchment area of the SCA.
"land" includes the following:

(a) the sea or an arm of the sea,

(b) a bay, inlet, lagoon, lake or body of water, whether inland or not and whether tidal or non-tidal,

(c) a river, stream or watercourse, whether tidal or non-tidal,

(d) a building erected on the land.

"lease" includes a licence or permit.
"motor vehicle" means any motor car, motor cycle or other vehicle propelled by any means other than human or animal power.
"operating licence" means the operating licence granted under section 25 or any renewal of it, and as in force for the time being.
"operational audit" means an operational audit of the SCA that is required to be prepared under the operating licence.
"outer catchment area" means land for the time being declared under this Act to be or to be part of the outer catchment area of the SCA.
"owner", in relation to land, includes every person who jointly or severally at law or in equity:

(a) is entitled to the land for an estate of freehold in possession, or

(b) is a person to whom the Crown has contracted to sell the land under the Crown Lands Act 1989 or any other Act relating to alienation of land of the Crown, or

(c) is entitled to receive, or receives, or if the land were let to a tenant would receive, the rents and profits of the land, whether as beneficial owner, trustee, mortgagee in possession or otherwise,

and, in relation to land of the Crown, means the Crown, but does not include a person who, or a class of persons that, is declared by the regulations as being outside this definition, either generally or in a particular case or class of cases.
"public authority" includes a corporation that is incorporated by or under an Act, but does not include:

(a) a company within the meaning of the Corporations Act 2001 of the Commonwealth, or

(b) a society within the meaning of the Co-operation Act 1923 or a co-operative within the meaning of the Co-operatives Act 1992 , or

(c) an association incorporated under the Associations Incorporation Act 1984 , or

(d) a body prescribed by the regulations as not being a public authority for the purposes of this definition.

"SCA" means the Sydney Catchment Authority constituted under this Act.
"special area" means an area of land for the time being declared under this Act to be a special area.
"specified" includes referred to.
"Sydney Water Act" means the Water Board (Corporatisation) Act 1994 , and includes that Act with any altered citation.
"Sydney Water Corporation" means Sydney Water Corporation Limited referred to in the Sydney Water Act, or, if Sydney Water Corporation is constituted as a corporation under the Sydney Water Act, means Sydney Water Corporation.
"Tribunal" means the Independent Pricing and Regulatory Tribunal established under the Independent Pricing and Regulatory Tribunal Act 1992 .
"water storages" means dam walls, pumps and other works used for or with respect to the extraction, and storage, of:

(a) water in rivers and lakes, and

(b) water occurring naturally on the surface of the ground, and

(c) sub-surface waters.

"water supply authority" has the same meaning as it has in the Water Management Act 2000 .
"works", in relation to the SCA, includes catchment infrastructure works vested in or under the control of the SCA.

(2) Notes included in this Act do not form part of this Act.