New South Wales Consolidated Acts

WATER ACT 1912 - SECT 166C

166C Matters for general consideration

(1) The Ministerial Corporation, in exercising its functions under this Division with respect to approvals, must have regard to the following matters, and any other matters that it considers relevant:

(a) the contents of any relevant floodplain management plan or any other relevant Government policy,

(b) the need to maintain the natural flood regimes in wetlands and related ecosystems and the preservation of any habitat, animals (including fish) or plants that benefit from periodic flooding,

(c) the effect or likely effect on water flows in downstream river sections,

(d) any geographical features, or other matters, of Aboriginal interest that may be affected by a controlled work,

(e) the effect or likely effect of a controlled work on the passage, flow and distribution of any flood waters,

(f) the effect or likely effect of a controlled work on existing dominant flood ways or exits from flood ways, rates of flow, flood water levels and the duration of inundation,

(g) the protection of the environment,

(h) any other matter relating to the desirability or otherwise of a controlled work.

(2) The Ministerial Corporation is to ensure that the notice of its determination to grant or refuse to grant an approval, renew or refuse to renew an approval, impose conditions on an approval or vary or revoke the conditions of an approval includes a statement of the reasons for the determination and of the extent to which the Ministerial Corporation took into account the matters set out in subsection (1) in making that determination.