New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 54

54 Harvestable rights orders

(1) The Minister may, by order published in the Gazette, constitute any land as a harvestable rights area and may, by the same or a subsequent order so published, name the area and fix its boundaries.

Note: For harvestable rights orders see Gazette No 110 of 1.7.2004, pp 5515, 5517.

(2) The order by which a harvestable rights area is constituted must specify the following:

(a) the proportion of the average rainwater run-off that may be captured by landholders in the area (being no less than 10% of that average),

(b) the procedures to be followed for calculating the average rainwater run-off for a landholding in the area.

(3) The order may allow an existing dam to be used both for rainwater run-off that has been captured and other water that has been lawfully taken from a water source.

(4) The order may also deal with the following matters:

(a) the types and locations of dams that may be used by a landholder to capture and store rainwater run-off,

(b) the means by which the maximum capacity of a dam that may be used by a landholder to capture and store rainwater run-off is to be calculated,

(c) the arrangements that may be made by landholders of adjoining land for the shared use of a single dam for the capture of rainwater run-off,

(d) such other matters as are necessary or convenient to give effect to the order.

(5) For the purpose of calculating any matter under an order under this section, a reference in the order to an area of land is, in the case of land that is valued under the Valuation of Land Act 1916 , a reference to the area of a portion or parcel of land that is separately valued under that Act.

(6) An order under this section may deal with any matter by reference to a map held in the head office of the Department.

(7) Any map that is so referred to is to be available for public inspection, free of charge, during normal office hours at the head office of the Department and at the regional office for the area to which the relevant order relates.