WATER AMENDMENT BILL 2007 Explanatory Statement

Northern Territory Explanatory Statements

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WATER AMENDMENT BILL 2007

2007

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR NATURAL RESOURCES,
ENVIRONMENT AND HERITAGE

WATER AMENDMENT BILL – SERIAL 121

EXPLANATORY STATEMENT

GENERAL OUTLINE

This Bill amends the Water Act.

The purpose of the Bill is to improve transparency and accountability in respect of decisions taken on water extraction by:
(a) requiring community comment to be sought on applications for licences to extract water;
(b) requiring reasons to be published for the grant or refusal of a licence to extract water; and
(c) establishing a public register containing information on licences to extract water

NOTES ON CLAUSES

Clause 1. Short Title

This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Water Amendment Act 2007.

Clause 2. Commencement

States that the Act will commence on a date fixed by the Administrator by Gazette notice.

Clause 3. Act amended

Identifies the Act to be amended - the Water Act.

Clause 4. Amendment of section 4 (Interpretation)

Defines a “water extraction licence” to refer specifically to a licence to extract ground water or a license to take or use water flowing in or contained in a waterway.

Defines a “water extraction licence decision” as a decision of the Controller of Water Resources about an application for the grant of a water extraction licence or for an amendment or modification of a water extraction licence that will result in an increase in the quantity of water to be taken or used under the licence.

Clause 5. Amendment of Part 3, Division 3 heading

Part 3, Division 3, heading – omits “Decisions of Controller” and substitutes “certain actions and decisions” to more accurately reflect the scope of this Division.

Clause 6. New Part 6A

This new Part establishes publicly transparent decision-making in regard to “Water extraction licence decisions”, as follows:

(1) new section 71A specifies that the consideration of water licence applications will be open to public comment only for the grant of a new water extraction licence or for an amendment or modification when they involve an increase in the quantity of water to be taken; This does not apply for the renewal of a water extraction licence if the quantity of water does not increase.
(2) new section 71B specifies the process by which public notification of water licence applications shall be made, the information that must be made available for comment, public comment is invited, allocation of costs for public notification and the provision of notification directly to immediately adjacent landholders;
(3) new section 71C specifies the required time in which a decision is to be made and a requirement to take all comment into account when making the decision;
(4) new section 71D specifies the requirements for notification of the decision;
(5) new section 71E specifies the process required in the case of a formal review of the decision being undertaken under section 30 of the Act.

Clause 7. Amendment of section 90 (Factors to be considered)

This amendment clarifies the factors to be considered in decisions to grant, amend or modify water extraction licences as follows:
(1) amends section 90(1) to account for the previous amendments;
(2) new section 90(1)(ab) replaces, and preserves intent of, section 90(1A); and
(3) omits section 90(1A) as now covered in new section 90(1)(1b).

Clause 8. Amendment of section 93 (Power to amend, modify or revoke licence)

The amendment ensures that the Controller of Water Resources cannot amend the terms and conditions of a licence under section 90, in a manner that will result in an increase in the quantity of water permitted to be taken or used.

Clause 9. Repeal and substitution of section 95

The section mandates the establishment of a publicly accessible register of water extraction licences to facilitate trading in water access entitlements.

Clause 10. Amendment of section 108 (Regulations)

The section eliminates any potential duplication of requirements with regards to the proposed advertising and solicitation of comments regarding water extraction licence applications.

Clause 11. New Section 110

This section allows for the publication of a single notice under section 71B that relates to more than one existing application, and that the agency will pay the cost for this publication. This relates directly to the outstanding applications, on hold until Water Allocation Plans have been declared, in the Katherine and Douglas Daly regions.

This section also allows for the publication details relating to existing licences at the time of commencement.

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