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WATER MANAGEMENT ACT 2000 - SECT 45 Minister may amend or repeal management plan

WATER MANAGEMENT ACT 2000 - SECT 45

Minister may amend or repeal management plan

45 Minister may amend or repeal management plan

(1) The Minister may at any time, by order published on the NSW legislation website, amend a management plan--
(a) if satisfied it is in the public interest to do so, or
(b) in such circumstances, in relation to such matters and to such extent as the plan so provides, or
(c) if the amendment is required to give effect to a decision of the Land and Environment Court relating to the validity of the plan, or
(d) if satisfied that it is necessary to do so because of requirements arising under the Water Act 2007 of the Commonwealth.
(3) Before amending a management plan, the Minister must obtain the concurrence of the Minister for the Environment to the amendment.
(4) The date of commencement of a management plan may, but the duration of a management plan may not, be extended by an amendment of the plan under this section.
(5) The Minister may at any time, by order published on the NSW legislation website, repeal a management plan (other than a management plan that deals with water sharing).
(5A) The Minister may at any time, by order published on the NSW legislation website, repeal a management plan that deals with water sharing if satisfied that it is necessary to do so because of requirements arising under the Water Act 2007 of the Commonwealth.
(6) The amendment or repeal of a management plan under this section takes effect on the date the order is published on the NSW legislation website or on a later date specified in the order.
(7) An order under subsection (1) (a) varying a bulk access regime is not to be made in relation to a water management area for which a management committee for water sharing is constituted unless the Minister has consulted with the committee in relation to the proposed amendment.
(8) A provision of a management plan that authorises the amendment of the plan in accordance with section 42 (2) of this Act is to be construed as a reference to an amendment authorised by subsection (1) (b).