WATER ACT 1912 - As at 25 February 2019 - Act 44 of 1912
- As at 25 February 2019 - Act 44 of 1912Table 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 (Repealed)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 (Repealed)Division 3 - Licences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 (Repealed)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 (Repealed)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 (Repealed)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Division 3A - (Repealed)
NoneDivision 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 (Repealed)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
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
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- SCHEDULE 1
- SCHEDULE 2
- SCHEDULE 3 Schedule 10 (Repealed)