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WATER ACT 1912 - As at 25 February 2019 - Act 44 of 1912

- As at 25 February 2019 - Act 44 of 1912

Table of Provisions

PART 1 - PRELIMINARY

Division 1 - General

  • 1 Name of Act
  • 2 Repeal
  • 3 Savings
  • 4 Definitions
  • 4A Inquiries and appeals--requirement to take certain matters into account
  • 4B-4F. (Repealed)
  • 4G Proceedings for offences
  • 4H Savings and transitional provisions

Division 2 - Relationship with Environmental Planning and Assessment Act 1979--integrated development

  • 4I Application of Division 2
  • 4J Definitions
  • 4K Notice of applications
  • 4L Objectors rights of appeal
  • 4M Regulations

PART 2 - WATER RIGHTS AND WORKS

Division 1 - Interpretation

  • 5 Definitions

Division 2 - Rights of the Crown and of riparian proprietors

6, 7. (Repealed)
  • 8 Rights of Crown in respect of works
  • 9 Rights of occupiers of work to which this Part extends

Division 3 - Licences

  • 10 Application for licences
  • 11 Notification of application for licence
  • 11A Determination of applications affected by reviews by Planning Assessment Commission
  • 12 Licence
  • 13 Application by two or more occupiers
  • 13A Application for licence by person who does not occupy land on which works are to be constructed
  • 13AA Amended licences
  • 13B Ministerial Corporation may prescribe maximum areas etc for which water may be appropriated for irrigation
  • 13C Ministerial Corporation may refuse to grant certain applications for licences
  • 13D Water not to be taken until works have been completed
  • 13E. (Repealed)
  • 13F Ministerial Corporation may cancel licence if work not used for three years
  • 14 Renewal
  • 14A Fees
  • 14B. (Repealed)
  • 15 Separate applications
  • 16 Benefit of licence
  • 17 Rights of holder of licence or group licence
  • 17A Revocation or suspension etc of licence
  • 17B Offences with respect to licences
  • 17C Revocation and cancellation of licences
  • 17D. (Repealed)
  • 18 Penalty for alteration of work during currency of licence

Division 3A - (Repealed)

None

Division 3B - Permits

  • 18F Permits
  • 18G Application for permit
  • 18H Power to grant permit instead of licence
  • 18I Issue of permits
  • 18J Renewal of permits
  • 18K Permit not to lapse pending consideration of application for renewal
  • 18L Power to require application to be made for licence
  • 18M Power to charge different fees
  • 18N Separate application for each work
  • 18O Power to suspend permit etc
  • 18P. (Repealed)
  • 18Q Permit to pass with land
  • 18R Offences with respect to permits

Division 4 - Joint water supply schemes

  • 19 Joint water supply scheme
  • 20 Application for authority
  • 20A Notification of application and reference to Secretary or Magistrate
  • 20B Authority
  • 20BA Ministerial Corporation may refuse to grant certain applications for authorities
  • 20BB Water not to be taken until works completed
  • 20BC Ministerial Corporation may cancel authority if work not used for 3 years
  • 20C Renewal of authority
  • 20CA Application for authority by persons who do not occupy land on which works are to be constructed
  • 20CB Renewal of authorities under section 20CA
  • 20D Penalty for certain alterations to work
  • 20E Amended authorities
  • 20F Benefit of authority
  • 20G Existing authorities
  • 20H Revocation or suspension etc of authority
  • 20HA Offences with respect to authorities
  • 20HB Revocation and cancellation of authorities

Division 4A - Group licences

  • 20I Definitions
  • 20J Boards to take water only under a group licence
  • 20K Application for group licence
  • 20L Issue of group licence
  • 20M Lapse of licence or authority
  • 20N Partial waiver of fee
  • 20O Renewal of group licence
  • 20P Power to charge different fees
  • 20PA Fees payable by instalments
  • 20Q Amendment of group licence
  • 20R Occupiers bound by group licence
  • 20S Revocation or suspension etc of group licence
  • 20SA Offences with respect to group licences
  • 20T Penalty for certain alterations to work
  • 20U Revocation and cancellation of group licences

Division 4B - Volumetric water allocations schemes

  • 20V Definitions
  • 20W Power of Ministerial Corporation to declare water source to be subject to volumetric water allocations scheme
  • 20X Determination of water allocations in respect of entitlements
  • 20XA Variation of water allocations
  • 20XB Removal of area restrictions on irrigation entitlements
  • 20XC Corresponding increase and decrease of water allocation
  • 20Y Invalidation of applications for entitlements
  • 20Z Power of Ministerial Corporation to reduce water allocations in time of shortage
  • 20AA Powers of Ministerial Corporation in years of surplus
  • 20AB Issue of new entitlements
  • 20AC Water meters
  • 20AD Provisions applicable in cases of subdivision of land
  • 20AE Power of entry
  • 20AF Ordering of supply of water

Division 4C - Transfer of water allocations

  • 20AG Interpretation
  • 20AH Water allocation may be transferred
  • 20AI Application for transfer
  • 20AJ Form of transfer to be lodged and fee paid
  • 20AK Superseded entitlement to be cancelled
  • 20AL Purchase of water allocations by the Ministerial Corporation
  • 20AM Applications not affected by section 20Y notice

Division 4D - Sale by the Ministerial Corporation of water allocations

  • 20AN Interpretation
  • 20AO Sale etc of water allocations of available water
  • 20AP Application for entitlement
  • 20AQ Superseded entitlement to be cancelled
  • 20AR Applications not affected by section 20Y notice

Division 5 - Miscellaneous

  • 21 Injuries to works
  • 21A Pollution of rivers and lakes
  • 21B Offences with respect to construction, erection and use of work without licence etc
  • 22 Power of entry
  • 22A Public authorities may construct and use works in times of shortage of water
  • 22B Restriction or suspension of rights held under licences etc during periods of water shortage
  • 22BA Invalidation of applications for entitlements
  • 22BB Invalidation of applications for entitlements in respect of dams
  • 22C Charge if flow of water assured by work of Crown or water or dam managed by State
  • 22D Sale of land pending transfer of water allocation
  • 23 Obstructing persons in the performance of duties
  • 24 Recovery of fees, charges, and penalties
  • 25 Conditions relating to environmental protection
  • 26 Consolidated Fund
  • 26A Act prevails over certain other Acts
  • 26B Powers to determine licence, group licence or authority
  • 26C Construction of work by Crown for councils
  • 26D, 26DA. (Repealed)
  • 27 Regulations
  • 27A Application of Part
  • PARTS 3, 4 - (Repealed) None

PART 5 - ARTESIAN WELLS

Division 1 - Interpretation and general

  • 105 Definitions
  • 106 Works under repealed Acts

Division 2 - Construction and charges

  • 107 Notification of proposal etc
  • 108 Assessment of charges
  • 109 Construction of well on petition of occupiers
  • 110 Assessment of charges
  • 111 Extension of supply

Division 3 - Licences

111A. (Repealed)
  • 112 Bores to be licensed
  • 113 Application for licence
  • 113A Invalidation of applications for licences
  • 114 Inquiry
  • 115 Issue of licence
  • 115A. (Repealed)
  • 116 Granting of licence
  • 116AA Conditions relating to environmental protection
  • 116A Licence fees
  • 116B Rejection of application
  • 116C Limitations and conditions
  • 116D Authority conferred by licence
  • 117 Benefit of licence
  • 117A Declaration of restricted sub-surface water area
  • 117B Charges
  • 117C. (Repealed)
  • 117D Water meters
  • 117E Restriction or suspension of rights held under licences during periods of water shortage
  • 117F Allocation of surplus
  • 117G Borrowing and carrying over
  • 117H Cancellation and suspension of licences
  • 117I Offences
  • 117J Transfer of water allocations
  • 117K Sale of land pending transfer of water allocation
  • 118. (Repealed)
  • 118A Drillers to be licensed

Division 4 - Miscellaneous

  • 119 Charge on land
  • 120 Duty of occupier to keep in repair
  • 121 Penalty for wilful destruction
  • 121A Unlawful obstruction of sub-surface water
  • 121B Removal of obstructions
  • 121C Apportionment of expenses
  • 122 Penalty for obstruction or diversion of water
  • 122A Cessation of supply of water from artesian well
  • 123 Waste of water
  • 123A. (Repealed)
  • 124 Power of entry
  • 125 Recovery of charges and penalties
  • 126 Appeal
  • 127 Public Works Act 1912
  • 128 Consolidated Fund
  • 129 Regulations
  • 129A Application of Part
PARTS 6-8 - (Repealed) None

PART 9 - LICENSING OF WATER MANAGEMENT AUTHORITIES

  • 187 Definitions
  • 188 Water management licence
  • 189 Conditions of water management licence
  • 190 Duration of water management licence
  • 191 Effect of water management licence
  • 192 Enforcement order
  • 193 Review of water management licence
  • 194 Water management charges
  • 195 Offences with respect to water management licences
  • 196 Evidence
  • 197 Directions for remedial work
  • 198 Civil penalties
  • 199 Appeals
  • 200 Compensation for loss of certain water rights
  • 201 Regulations
  • 202 Part to bind Crown
  • 202A Application of Part
  • 203 Exclusion of certain matters

PART 10 - (Repealed)

None

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