New South Wales Consolidated Acts

WATER ACT 1912 - SECT 22C

22C Charge if flow of water assured by work of Crown or water or dam managed by State

(1) In this section:
"dam" includes any work used for the purposes of water storage or conservation.
"entitlement" means:

(a) a licence, permit, authority or group licence, or

(b) in relation to a trust, the right to take and use water conferred on the trust by section 38B.

"trust" means a trust constituted under Part 3 that is declared by the regulations to be a trust to which this section applies.

(1A) In this section:

(a) a reference to a work of the Crown includes a reference to a work vested in or controlled by the Dumaresq-Barwon Border Rivers Commission, and

(b) a reference to the holder of an entitlement includes:

(i) if the entitlement is an authority, a reference to each of the holders of the authority, and

(ii) if the entitlement is the right of a trust to take and use water, a reference to the trust.

(2) The Ministerial Corporation may, by order published in the Gazette, declare that the flow or supply of water in any river, lake or section of a river has been augmented, stabilised or assured by a work of the Crown.

(2A) The Ministerial Corporation may, by order published in the Gazette, declare that the sharing and use of water from any river, lake or section of river is managed by the State.

(2B) The Ministerial Corporation may, by order published in the Gazette, declare that the storage or conservation of water in any specified dam or specified class of dam is managed by the State.

(3) Where a work in respect of which an entitlement is held:

(a) is used for the purpose of irrigation or water supply for stock, for industrial use or for such other use as may be prescribed, and

(b) is connected with a river, lake or section of a river in respect of which an order under subsection (2) or (2A) is in force,

the holder of the entitlement shall, subject to and in accordance with this section, pay a charge for the right to take and use water from the river, lake or section in addition to the fee (if any) payable for the entitlement.

(3A) The holder of an entitlement in respect of a dam to which an order under subsection (2B) relates must, subject to and in accordance with this section, pay a charge for the right to store or conserve water in the dam in addition to the fee (if any) payable for the entitlement.

(4) The charge payable under subsection (3) or (3A) shall:

(a) subject to subsection (4A), be fixed by the Ministerial Corporation from time to time,

(a1) be paid:

(i) in respect of each complete year during which the entitlement is in force, and

(ii) if the entitlement is not in force for the whole of a year-in respect of the part of the year during which it is in force,

after the date of the order referred to in subsection (2), (2A) or (2B),

(b) be calculated at a rate which may vary according to the nature of the entitlement but is not greater than the maximum rate which shall be prescribed according to:

(i) the purpose or purposes for which the water is to be taken and used,

(ii) the nature of the work, and

(iii) the method of obtaining the water,

(c) be paid at the prescribed times and in the prescribed manner,

(d) to the extent of a minimum annual amount fixed by the Ministerial Corporation in each case, be payable even if the entitlement is suspended or the work to which it relates is not used, and

(e) be on the basis of a fixed charge and either:

(i) the quantity of water taken and used by means of the work during the relevant year, or part of a year, referred to in paragraph (a1), or

(ii) the area of land irrigated with water so taken and used,

even if the water is taken and used while the entitlement is suspended.

Without limiting the above, the charge payable under subsection (3) or (3A) may be a specified amount if means for measuring the quantity of water taken and used are not available or if there is other good cause to do so.

(4A) Where the Ministerial Corporation varies the amount it has fixed as the charge payable under subsection (3) or (3A), the variation shall take effect on such date as the Ministerial Corporation may determine.

(5) The Ministerial Corporation shall, in every entitlement referred to in subsection (3), specify which of the alternative charges shall be paid.

(6) The Ministerial Corporation shall, when fixing the amount of a charge payable under this section in connection with an order under subsection (2), have regard to:

(a) the benefits received by the holder of the entitlement (including, in relation to a group licence, each of the group licence occupiers) as a result of the work of the Crown, and

(b) the augmentation, stabilisation or assurance of the water supply provided by that work.

(6AA) The Ministerial Corporation must, when fixing the amount of a charge payable under this section in connection with an order under subsection (2A), have regard to the benefits received by the holder of the entitlement (including, in relation to a group licence, each of the group licence occupiers) as a result of the management by the State of the sharing and use of water from the river, lake or section of river.

(6AB) The Ministerial Corporation must, when fixing the charge payable under this section in connection with an order under subsection (2B), have regard to the benefits received by the holder of the entitlement (including, in relation to a group licence, each of the group licence occupiers) as a result of the management by the State of the storage or conservation of water in the dam.

(6A) Any amount due and unpaid under subsection (3) or (3A):

(a) bears interest on a daily basis at the prescribed rate until paid, even if judgment for the amount has been given by a court,

(b) is, together with any such interest, recoverable as a debt due and payable to the Ministerial Corporation by the holder, or jointly and severally by the holders, of the relevant entitlement, and

(c) is, together with any such interest, a charge on the land supplied with water under the entitlement.

(6B) A payment made in respect of a charge payable under subsection (3) or (3A) shall be applied first in payment of any interest borne by the charge.

(7) If, in the opinion of the Ministerial Corporation, a benefit is not received as a result of the work of the Crown by the holder of the entitlement (including, in relation to a group licence, any 1 or more of the group licence occupiers), a charge in connection with an order under subsection (2) shall not be fixed under this section in respect of the entitlement.

(8) Any order under subsection (2), (2A) or (2B) may be amended, altered, modified, revoked or corrected by the Ministerial Corporation by order published in the Gazette.

(9) If the holder of an entitlement (not being the right of a trust to take and use water) fails to pay the charge required under this section within the prescribed period, the Ministerial Corporation may suspend the entitlement until the charge is paid.

(10) The Ministerial Corporation may remit or waive the payment in any year of any charge paid or payable under this section.

(11) In this section, a reference to a year in relation to payment of a charge for the right to take and use water from a river, lake or section of a river, is a reference to:

(a) a year commencing on 1 July, or

(b) if the Ministerial Corporation by order published in the Gazette specifies a different year for the river, lake or section of a river-the specified year.

(12) Where a change of the year relating to payment of a charge affects an existing right to take and use water, the order making the change may also make provision for the transitional arrangements leading to the change.