WATER ACT 1912 - SECT 22B
Restriction or suspension of rights held under licences etc during periods of water shortage
WATER ACT 1912 - SECT 22B
Restriction or suspension of rights held under licences etc during periods of water shortage
22B Restriction or suspension of rights held under licences etc during periods
of water shortage
(1) If at any time the Ministerial Corporation is satisfied that the quantity
of water available, or likely to be available, in a river, lake or section of
a river is insufficient to meet all requirements with respect to the taking of
water from the river, lake or section, it may, in the manner provided in this
section, restrict or suspend the rights held under licences, group licences,
authorities or permits issued under this Part, or held under section 7, for
the taking of water for any purpose from the river, lake or section or any
part of the river, lake or section.
(2) Particulars of any restrictions or
suspensions imposed by the Ministerial Corporation under subsection (1) shall
be notified in the Gazette and in such other manner as the Ministerial
Corporation is satisfied is likely to bring those particulars to the attention
of members of the public in the district in which the river, lake or section
is located.
(3) A notification made under subsection (2) may be amended,
altered, modified or cancelled by the Ministerial Corporation and particulars
of any such amendment, alteration, modification or cancellation shall be
notified in the Gazette and in such other manner as the Ministerial
Corporation is satisfied is likely to bring those particulars to the attention
of members of the public in the district in which the river, lake or section
is located.
(4) In imposing restrictions or suspensions under this section,
the Ministerial Corporation may restrict or suspend rights for the taking of
water in accordance with the following order of priority:
(a) firstly, rights
under permits for any purpose other than domestic and stock supply,
(b)
secondly, rights under licences, group licences and authorities for the
purpose of irrigation,
(c) thirdly, rights under licences, group licences and
authorities for purposes other than irrigation and domestic and town and
village water supply, rights under permits for stock supply and rights held
under section 7 for the taking of water for stock supply, and
(d) fourthly,
rights under licences, group licences, authorities and permits for domestic
purposes and town and village water supply and rights held under section 7 for
the taking of water for domestic purposes.
(5) In exercising the power
conferred on it by subsection (4), the Ministerial Corporation:
(a) shall
impose restrictions or suspensions in respect of all rights specified in a
paragraph of that subsection before imposing any restrictions or suspensions
in respect of any rights specified in any subsequent paragraph of that
subsection, and
(b) may, when imposing restrictions or suspensions under
subsection (4) (b), restrict or suspend rights with respect to the irrigation
of any class of crops or plantings without restricting or suspending rights
with respect to the irrigation of any other class of crops or plantings.
(6)
When the Ministerial Corporation has, in accordance with this section, imposed
a restriction on a right held under section 7 or held under a licence,
group licence, authority or permit to take water, a person shall not take
water except in accordance with the right as so restricted.
(7) When the
Ministerial Corporation has, in accordance with this section, suspended a
right held under section 7 or held under any licence, group licence, authority
or permit to take water, a person shall not take water in purported exercise
of that right.
(8) Any person who contravenes subsection (6) or (7) is guilty
of an offence and is liable, on conviction, to a penalty not exceeding:
(a)
where the offence was committed by a corporation--200 penalty units, or
(b)
where the offence was committed by any other person--100 penalty units.
(9)
If, in any proceedings against an occupier of land for an offence under
subsection (8), it is proved that a work on that land was used in
contravention of subsection (6) or, as the case may be, subsection (7), the
water concerned in that alleged offence shall, unless the contrary is proved,
be presumed to have been taken by the occupier.
