Northern Territory Consolidated Acts Northern Territory Consolidated Acts4. Interpretation
(1) In this Act, unless the contrary intention appears:
Advisory Committee means a Water Advisory Committee established under section 23.
aquifer means a geological structure or formation, or an artificial land-fill, permeated or capable of being permeated permanently or intermittently with water.
authorised officer means a person appointed under section 21.
bed and banks , in relation to a waterway, means the land over which normally flows, or which is normally covered by, the water of the waterway, whether permanently or intermittently, but does not include land from time to time temporarily covered by the flood waters of the waterway and abutting on or adjacent to its bed and banks, the bed being the relatively flat portion and the banks being the relatively steep portions of the land comprising the bed and banks.
beneficial uses means the uses of water specified in subsection (3).
bore means a bore, hole, well, excavation or other opening in the ground, or a natural or artificially constructed or improved underground cavity, which is or could be used for the purpose of intercepting, collecting, obtaining or using ground water or for the purpose of disposing of water or waste below the surface of the ground, or which extends to an aquifer.
Chairman , in relation to the Review Panel, includes a person appointed under section 26 to act in the office of the Chairman, while the person is so acting.
consent means a consent granted and in force under this Act.
Controller means the Controller of Water Resources appointed under section 18.
environment means all aspects of the surroundings of man, including the physical, biological, economic, cultural and social aspects.
environmental harm means any harm to or adverse effect on, or potential harm to or adverse effect on, the environment.
flow , in relation to water, includes the discharge, release, escape or passage of water.
ground water means water occurring or obtained from below the surface of the ground (other than water contained in works, not being a bore, for the distribution, reticulation, transportation, storage or treatment of water or waste) and includes water occurring in or obtained from a bore or aquifer.
land includes a building or structure on land.
licence means a licence granted and in force under this Act.
material environmental harm means environmental harm that:
(a) is not trivial or negligible in nature;
(b) results or is likely to result in not more than $50,000 being spent in taking appropriate action to prevent or minimise the harm or rehabilitate the environment; or
(c) results in actual or potential loss or damage to the value of not more than $50,000;
mining or petroleum activity means:
(a) a mining activity within the meaning of the Mining Management Act or another activity for a purpose ancillary to that mining activity, including the use of water as drinking water;
(b) exploration for petroleum under an Act of the Territory or of the Commonwealth;
(c) the extraction and processing of petroleum under an Act of the Territory or of the Commonwealth;
(d) the exercise by the holder of a petroleum interest within the meaning of the Petroleum Act of a right conferred under that Act on the holder of such an interest or the performance of a requirement imposed by or under that Act on the holder of such an interest;
(e) the exercise of a right conferred, or the performance of a requirement imposed, by or under an Act of the Commonwealth on a person to whom a right to explore, extract or process petroleum is conferred by or under that Act; or
(f) an activity for a purpose ancillary to a matter referred to in paragraph (b), (c), (d) or (e), including the use of water as drinking water.
mining site has the same meaning as in the Mining Management Act .
occupier , in relation to land, means the person in occupation (under whatever title or permission, or without title or permission) or entitled to be in occupation of the land.
owner means:
(a) in relation to land alienated from the Crown by grant or by an Act - the owner of an estate in fee simple in the land;
(b) in relation to land held under a lease granted by the Crown - the lessee;
(c) in relation to land of the Crown subject to an agreement for sale or right of purchase - the person entitled to the benefit of the agreement or right of purchase; and
(d) in relation to unalienated Crown land, not being land referred to in paragraph (c) - the Territory.
permit means a permit granted and in force under this Act.
petroleum site means:
(a) an access authority area, licence area or permit area, each within the meaning of the Petroleum Act , on which occurs an activity referred to in paragraph (b), (c), (d), (e) or (f) of the definition of 'mining or petroleum activity'; or
(b) an area of land on which exploration for petroleum occurs, or petroleum is extracted or processed, under an Act of the Commonwealth.
pollute , in relation to water, means directly or indirectly to alter the physical, thermal, chemical, biological or radioactive properties of the water so as to render it less fit for a prescribed beneficial use for which it is or may reasonably be used, or to cause a condition which is hazardous or potentially hazardous to:
(a) public health, safety or welfare;
(b) animals, birds, fish or aquatic life or other organisms; or
(c) plants.
prescribed in relation to a form, includes approved by the Controller under the Regulations.
public authority includes:
(a) a statutory corporation; and
(b) a council constituted under the Local Government Act .
re-use , in relation to water, includes to use waste water or effluent, whether or not it has been treated.
Review Panel means the Water Resources Review Panel established under section 24.
serious environmental harm means environmental harm that is more serious than material environmental harm and includes environmental harm that:
(a) results or is likely to result in more than $50,000 being spent in taking appropriate action to prevent or minimise the harm or rehabilitate the environment;
(b) results in actual or potential loss or damage to the value of more than $50,000;
(c) damages an aspect of the environment that is of a high conservation value or of special significance; and
(d) is irreversible or otherwise of a high impact or on a wide scale.
take , in relation to water, includes to withdraw, pump, extract, use or re-use, and to divert for the purposes of using or re-using, that water and, where it is artesian water occurring in a bore, to allow the artesian water to flow from the bore.
this Act includes the Regulations.
tidal water means:
(a) water within the geographical area constituting the Territory that is directly affected by the tide;
(b) water within the geographical area constituting the Territory seaward of water referred to in paragraph (a) that is not coastal waters of the Territory within the meaning of the Coastal Waters (Northern Territory Powers) Act 1980 of the Commonwealth; and
(c) coastal waters of the Territory within the meaning of the Coastal Waters (Northern Territory Powers) Act 1980 of the Commonwealth, declared under section 5(6) to be tidal waters.
waste includes matter or a thing, whether wholly or partly in a solid, liquid or gaseous state, which, if added to water, may pollute the water.
water means water, whether or not it contains impurities.
water extraction licence means:
(a) a licence under section 45 to take or use water; or
(b) a licence under section 60 to take water from a bore.
water extraction licence decision , see section 71A(1).
waterway means:
(a) a river, creek, stream or watercourse;
(b) a natural channel in which water flows, whether or not the flow is continuous;
(c) a channel formed wholly or partly by the alteration or relocation of a waterway described in paragraph (a) or (b);
(d) a lake, lagoon, swamp or marsh, whether formed by geomorphic processes or modified by works:
(i) in which water collects, whether or not the collection is continuous; and
(ii) into, through or out of which a current (which forms the flow or part of the flow of a river, creek, stream or watercourse) passes, whether or not that passage is continuous;
(e) land on which, as a result of works constructed on a waterway described in paragraph (a), (b) or (c), water collects, whether or not the collection is continuous;
(f) land which is intermittently covered by water from a waterway described in paragraph (a), (b), (c), (d) or (e), but does not include any artificial channel or work which diverts water away from such a waterway;
(g) if any land described in paragraph (f) forms part of a slope rising from the waterway to a definite lip, the land up to that lip; or
(h) land declared under section 5(1) to be a waterway.
(2) In this Act, a reference to a waterway includes a reference to a part or portion of a waterway.
(3) The following are the beneficial uses of water:
(a) agriculture - to provide irrigation water for primary production including related research;
(b) aquaculture - to provide water for commercial production of aquatic animals including related research;
(c) public water supply - to provide source water for drinking purposes delivered through community water supply systems;
(d) environment - to provide water to maintain the health of aquatic ecosystems;
(e) cultural - to provide water to meet aesthetic, recreational and cultural needs;
(f) industry - to provide water for industry, including secondary industry and a mining or petroleum activity, and for other industry uses not referred to elsewhere in this subsection;
(g) rural stock and domestic - to provide water for the purposes permitted under sections 10, 11 and 14.