WATER ACT 1912 - SECT 4A
Inquiries and appeals--requirement to take certain matters into account
WATER ACT 1912 - SECT 4A
Inquiries and appeals--requirement to take certain matters into account
4A Inquiries and appeals--requirement to take certain matters into account
(1) A judicial body is required, in carrying out any of its inquiry or appeal
functions under this Act and in making any determination or recommendation
with respect to any such inquiry or appeal, to take into account, and to have
due regard to, the following matters:
(a) any relevant policy that concerns
the subject-matter of the inquiry or appeal and that is brought to the
attention of the judicial body,
(b) any State-wide water resource management
objectives that are brought to the attention of the judicial body,
(c) any
relevant inter-government agreement, treaty or arrangement relating to the
management, preservation or sharing of the State's water resources that is
brought to the attention of the judicial body,
(d) the state of water
resources, and the state of the environment generally, at a local, regional
and State-wide level as brought to the attention of the judicial body,
(e)
the impact that the judicial body's determination or recommendation could or
might have:
(i) on the allocation of water resources at a local, regional and
State-wide level, and
(ii) on other persons who are entitled to take and use
water (apart from those to whom the inquiry or appeal relates), and
(iii) on
the state of water resources, and on the state of the environment generally,
at a local, regional and State-wide level, and
(iv) in relation to the
management, protection and enhancement of the State's water resources.
(2) In
this section:
"judicial body" means the Land and Environment Court, the Civil and
Administrative Tribunal or a Magistrate.
"relevant policy" means any governmental policy relating to the management,
protection and enhancement of the State's water resources.
(3) The Minister
may certify, in writing, that a particular policy is, or was, a
relevant policy in relation to a particular matter. The certificate is
evidence of the relevant policy concerned.
