New South Wales Consolidated Acts

WATER ACT 1912 - SECT 20Z

20Z Power of Ministerial Corporation to reduce water allocations in time of shortage

(1) If, at any time, or from time to time, during a year, it appears to the Ministerial Corporation that a water source which is subject to a scheme is unlikely to have sufficient water available to meet the requirements during that year of the persons authorised by law to take water from that water source and such other possible requirements for water from that water source as are determined by the Ministerial Corporation, the Ministerial Corporation may, by a notice published in the Gazette and in a newspaper circulating in the district in which that water source is located, either before or after the beginning of that year, reduce the water allocations under the scheme for that year by such proportion as may be specified in the notice.

(1A) A notice published under subsection (1) may relate:

(a) to all entitlements, generally,

(b) to specified entitlements or entitlements of a specified class, or

(c) to all entitlements, other than specified entitlements or entitlements of a specified class,

as the Ministerial Corporation may determine.

(2) Where a notice has been published in accordance with subsection (1), the condition which pursuant to section 20X (5) is attached to, or which pursuant to section 20AB (1) (b) is included in, any entitlement to which the notice relates shall, for any year specified in the notice, be modified according to the tenor of the notice and the water allocation in respect of the entitlement shall be deemed to be reduced accordingly.

(3) Where, after the beginning of a year, the condition attached to, or included in, an entitlement as referred to in subsection (2) has been modified as provided in that subsection and the quantity of water taken under the entitlement during that year before the modification had effect did not exceed the water allocation in respect of the entitlement but exceeded the water allocation as reduced in consequence of the modification of the condition, the holder of the entitlement shall not be regarded as having contravened the condition, as so modified, with respect to the taking of that excess quantity.