New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 85A

85A Authorisation to take water from uncontrolled flows

(1) This section applies to a water source in respect of which a management plan makes provision for the taking of water from uncontrolled flows.

(2) The Minister may, by order in writing, authorise the holders of regulated river (high security) access licences or regulated river (general security) access licences, or both, that relate to a water source to which this section applies to take water from the water source that has not been credited to the water allocation accounts of those licences.

(3) Such an order:

(a) may only be made in accordance with the provisions of the relevant management plan relating to the taking of water from uncontrolled flows, and

(b) is to set out the water sharing provisions of the relevant management plan that provide for the taking of water from uncontrolled flows, and

(c) is to specify the circumstances in which water may be taken (for example, in accordance with announcements made by the Minister).

(4) As soon as practicable after making such an order in respect of a water source, the Minister must cause notice of the order to be published in the Gazette and in an appropriate newspaper.

(5) An order under this section takes effect when it is first published in the Gazette or at such later time as may be specified in the order.

(6) The amount of water taken by the holder of an access licence in accordance with an order under this section is to be noted in the water allocation account for the licence.

(7) The provisions of an order under this section have effect despite any other provision of this Act relating to water sharing or to rules of distribution of water (other than section 324).