New South Wales Consolidated Acts

WATER ACT 1912 - SECT 165

165 Definitions

(1) In this Part, except in so far as the context or subject-matter otherwise indicates or requires:
"approval" means an approval under this Part.
"complying controlled work" means a controlled work that is assessed as a complying controlled work under section 168B.
"controlled work" -see section 165A.
"declared local area" means an area declared by the Ministerial Corporation under section 5 (4).
"floodplain" means any land which is so designated by an order in force under section 166 (1).
"floodplain management committee" means a committee established under section 166B.
"floodplain management plan" means a floodplain management plan adopted by the Ministerial Corporation under section 166A.
"lake" includes a lagoon, swamp or other collection of still water, whether permanent or temporary, not being water contained in an artificial work.
"local occupier", in relation to an application for an approval, means an occupier of land which is wholly or partly situated within the same declared local area as the land on which the controlled work the subject of the application is situated or is proposed to be constructed, but does not include a statutory authority, statutory instrumentality or government department of any State other than the State of New South Wales or a Minister of the Crown for any State other than the State of New South Wales.
"non-complying controlled work" means a controlled work that is assessed as a non-complying controlled work under section 168B.
"objection" means an objection made under section 170 to the granting of an approval for a non-complying controlled work.
"occupier" means a person in actual occupation of any land whatsoever, and where there is no person in actual occupation the holder under any tenure of the land and in respect of a public road within the meaning of the Roads Act 1993 , means the council of the area within which the public road is situated, and, in any case where a controlled work is proposed to be or is being constructed on the application of a council under Division 2 of Part 3 of Chapter 6 of the Local Government Act 1993 , or a council has been charged with the care and management of a controlled work under that Division, includes the council.
"river" includes:

(a) a stream of water, whether perennial or intermittent, flowing in a natural channel, or in a natural channel artificially improved, or in an artificial channel which has changed the course of the stream,

(b) an affluent, confluent, branch or other stream of water into or from which a stream referred to in paragraph (a) flows, and

(c) anything prescribed as being a river,

but does not include anything prescribed as not being a river.
"statutory authority" means a statutory authority, statutory instrumentality or government department of the State of New South Wales and includes a Minister of the Crown for the State of New South Wales.

(2) A reference in this Part to the occupier of land includes, where more than one person occupies that land, a reference to any one of those persons.

(3) A reference in this Part to the construction of a controlled work includes a reference to the enlargement, extension or modification of the controlled work, but does not include a reference to any work carried out by or on behalf of the Ministerial Corporation under section 180D.