STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 138
Powers in respect of water for purposes of works
STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 138
Powers in respect of water for purposes of works
138 Powers in respect of water for purposes of works
(1) The Coordinator-General or his or her delegate expressly authorised in
that behalf may—
(a) raise or lower the level of the water in any body of
water; or
(b) take, impound, divert or use, either permanently or temporarily
the water in any body of water;
to the extent to which the Coordinator-General
or, as the case may be, his or her delegate thinks it necessary for the
purpose of or in connection with undertaking—
(c) authorised works for or
connected with the supply of water; or
(d) works authorised under this Act to
be undertaken for or connected with the supply of water.
(2) If a moratorium
notice has been published under the Water Act 2000, the power of the
Coordinator-General under subsection (1) does not apply to—
(a) water to
which the notice applies; or
(b) if the notice is amended—water to which
the amended notice applies.
(3) If a water plan has been approved, or is
taken to have been approved, under the Water Act 2000, the power of the
Coordinator-General under subsection (1) does not apply to—
(a) water to be
supplied to water entitlement holders, or persons authorised to take water
under the Water Act 2000, section 20, in the plan area at the time the power
is exercised; and
(b) water required to meet environmental flow objectives
and water allocation security objectives under the plan.
(4) However, if the
Coordinator-General acts under subsection (1) —
(a) the Coordinator-General
must consider the economic and social benefits of the proposed works and any
industry to be supplied with the water, and any 1 or more of the following—
(i) the need for sustainable management and efficient use of water under the
Water Act 2000, section 10;
(ii) the principles of ecologically sustainable
development under the Water Act 2000, section 11;
(iii) relevant water
planning information;
(iv) the needs of water entitlement holders under the
Water Act 2000;
(v) the volume of water to be supplied under subsection (1)
; and
(b) the Coordinator-General must—
(i) prepare a statement giving
reasons why the power is exercised; and
(ii) publish a copy of the statement
in the gazette; and
(c) the Minister must table the statement in the
Legislative Assembly within 3 sitting days after the notice is published in
the gazette.