Water (Amendment) Act 1977 (NSW)

WATER (AMENDMENT) ACT, 1977

jgetD ôutt) Males

ANNO VICESIMO SEXTO

ELIZABETHvE II REGINA

Act No. 103,1977.

An Act to amend the Water Act, 1912, for the purpose of providing for the preparation and implementation of volumetric water allocations schemes in respect of certain rivers, lakes and sections of rivers, and for certain other purposes. [Assented to, 16th November, 1977.]

BE

Act No. 103, 1977.

Water {Amendment).

BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1.           This Act may be cited as the “Water (Amendment) Short title.

Act, 1977”.

2.      (1) Except as provided in this section, this Act shall Commence-

commence on the date of assent to this Act.

(2) Section 4 shall, in its application to a provision

of Schedules 1-4, commence on the day on which that

provision commences.

(3) The several provisions of Schedules 1-4 shall

commence on such day or days as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3. This Act contains the following Schedules :— Schedules.

SCHEDULE 1.—Amendments to Part I of the

Water Act, 1912.

SCHEDULE 2.—Amendments to Part II of the

Water Act, 1912.

SCHEDULE 3.—Insertion of Division 4b into Part

II OF THE Water Act, 1912.

SCHEDULE 4.—Further Amendments to Part II

OF THE Water Act, 1912.

SCHEDULE 5 .~ S avings.

Act No. 103, 1977.

Water (Amendment).

Amendment 4. The Water Act, 1912, is amended in the manner set

44, 1912. forth in Schedules 1-4.

Savings. 5. Schedule 5 has effect.

Sec. 4. SCHEDULE 1.

Amendments to Part I of the Water Act, 1912.

(1) Section 1—

Omit the matter relating to Division 3a of Part II.

(2) Section 1—

From the matter relating to Division 3b of Part II, omit “18q”, insert instead “18r”.

(3) Section 1—

From the matter relating to Division 4 of Part II, omit

“20h”, insert instead “20hb”.

(4) Section 1—

After the matter relating to Division 4a of Part II, insert :—

Division 4b.— Volumetric Water Allocations

Schemes—ss. 20v-20 ae.

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2. Sec A

A m endm ents to P art II of the Water A c t , 1912.

< 1) (a) Section 5, definition of “Authority”—

Before the definition of “Drainage”, insert :—

“Authority” means an authority issued under Division 4 to construct and use a joint water supply scheme.

(b) Section 5, definition of “Joint water supply

scheme”—

Omit the definition, insert instead :—

“Joint water supply scheme” means any work

to which this Part extends which—

(a)	is used or proposed to be used for the purpose of supplying water to the lands of two or more occu­ piers who are jointly utilising the work or who propose to utilise the work jointly (whether any of those occupiers has occupation of the site of the work or no t);
(b)	is used or proposed to be used for the purpose of supplying water for irrigating the land or lands of any oceupier or occupiers other than the land or lands of the occupier or occupiers of the site of the work; or

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

Amendments to Part II of the Water Act,

1912—continued.

(c) is used or proposed to be used (otherwise than pursuant to a license granted before the com­ mencement of the Water, Crown Lands and Other Acts (Amend­ ment) Act, 1970) for the purpose of supplying water for irrigating a holding (not being a riparian holding) or part thereof, where that water is, or is to be, conveyed wholly or partly by a work that is used or proposed to be used by any occupier or occupiers (not being the occupier or occupiers of the site of the work) for the purpose of conveying that water in accordance with a right con­ ferred by this Part or pursuant to a license, authority or permit.

(c) Section 5, definition of “License”—

Omit “does not include a group license”, insert instead “means a license issued under Division 3”.

(d) Section 5, definition of “Permit”—

After the definition of “Occupier”, insert;—

“Permit” means a permit issued under Division

3b.

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

A m endm ents to Part II of the Water A c t ,

1912—continued.

(e) Section 5, definition of “Work to which this Part extends”—

Omit the definition, insert instead :—

“Work to which this Part extends”—

(a) means a work—

(i)   connected with or affect­ ing the quantity or use of water in any river flowing through or past, or in any lake situated within or adjoining, the land of two or more occupiers; or

(ii)   connected with or affect­ ing the quantity of any water flowing in, to, or from, or being in, any such river or lake,

whether the work is—

(iii)   for water conservation, irrigation, water supply or drainage;

(iv)   for preventing land from being flooded by water; or

(v)   for changing the course of a river or preventing the course of a river from changing,

SCHEDULE

Act No. 103, 1977.

Water {^Amendment).

SCHEDULE 2—continued.

A m endm ents to Part II of the Water A ct ,

1912—continued.

and whether the work was con­ structed before or after the commencement of Schedule 2 (1) (e) to the Water (Amend­ ment) Act, 1977; and

(b) in relation to a work, being a flume, race, channel, cutting, tun­ nel or pipe, which diverts water by gravitation from a river or lake referred to in paragraph (a) (i), means such part of the work as is situated between the source of supply and the device fitted or installed to control the flow of water in the work or, as the case may be, between the source of supply and the site at which it is proposed to fit or install that device,

but does not include a work declared under subsection (3) to be a work for urban drainage.

(f) Section 5 (2), (3 )—

At the end of section 5, insert:—

(2) A reference in this Part to the holders of

an authority shall be construed as a reference to the occupiers of the whole of the lands supplied with water obtained by means of a joint water supply scheme in respect of which an authority is in force and, where the supply work or convey­ ing work that is the subject of the scheme is

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

A m endm ents to Part II of the Water A c t ,

1912—continued.

installed or constructed on other land, shall be construed as including a reference to the occu­ pier of that other land, and a reference to a holder of an authority shall be construed as a reference to any one of those holders.

(3) The Commission may, by notice pub­

lished in the Gazette, declare any work, being a dam, an excavation, a channel (whether an artificial channel or a natural channel artificially improved), a cutting, a tunnel or a pipe, which is constructed in, or forms part of, a river referred to in paragraph (a) or (b) of the definition in subsection (1) of “Work to which this Part extends” to be a work for urban drain­ age and may, by a similar notice, revoke or amend that notice.

(2) (a) Section 7 (1) —

Omit the subsection, insert instead : —

(1) Subject to subsection (2), the occupier of land which forms the bank of a river or a lake has the right, without the need to obtain a license—

(a) to take and use the water then being in the river or lake—

(i) for domestic purposes;

(ii)   for the purpose of watering stock;

SCHEDULE

Act No. 103, 1977.

Water (Amendment).

SCHEDULE 2—continued.

A m endm ents to Part II of the Water A ct ,

1912—continued.

(iii)  for the purpose of irrigating gardens, not exceeding 2 hec­ tares in area in the aggregate, which are cultivated in con­ nection with the use of a dwelling-house and of which the produce is not sold or exposed or offered for sale; and

(iv)   for the purpose of irrigating land, not exceeding 2 hectares in area, which is used for the growing of crops or pastures to produce fodder for animals kept solely in connection with the use of a dwelling-house;

(b)	to construct and use for the purpose of taking or using water for any of the purposes specified in paragraph (a) a work to which this Part extends, but only if the capacity of the work does not exceed 50 litres per second; and
(c)	to construct and use a dam or an excavation in the river or lake or a work which obstructs the flow of water in the river, but only if—

(i)   the storage capacity of the dam, excavation or work does not exceed 7 megalitres;

(ii)   the dam, excavation or work will not, in the opinion of the

Commission, detrimentally

SCHEDUI,E

Act No. 103, 1977.

Water (Amendment).

SCHEDULE 2—continued.

A m endm ents to P art II of the Water A ct ,

1912—continued.

affect the interests of the occupiers of land which adjoins or derives benefit from the river or lake; and

(iii)   where, by notice given to the occupier by one of the methods specified in subsection (2), the Commission has directed that a means of passing a flow of water through or past the dam, excavation or work be provided —that means of passing a flow has been provided.

(b) Section 7 (6 )—

Omit the subsection, insert instead :—

(6) Subsection (1) does not, with respect to a lake, confer on any occupier referred to in that subsection any right of access over or to the user of land not lawfully occupied by him.

<(3) Section 11—

Omit “police” wherever occurring, insert instead

“stipendiary”.

t4 ) Section 12—

Omit “police” wherever occurring, insert instead

“stipendiary”.

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

Amendments to Part II of the Water Act,

1912—continued.

(3) (a) Section 13a—

Omit “police” wherever occurring, insert instead

“stipendiary”.

(b) Section 13a (9 )—

Omit “sections 17b and 17c”, insert instead

“sections 21b and 22”.

(6) Section 13aa—

After section 13a, insert:—

Amended	13aa. (1) The holder of a license who wishes to reduce the area authorised to be irrigated under the license, the capacity of the work or the quantity of water which may be taken and used under the license may apply to the Commission for an amended license.
licenses.
(2) An application made under subsection (1) shall specify the proposed reduced area to be irrigated, the proposed reduced capacity of the work or the proposed reduced quantity of water to be taken and used.
(3) On receipt of an application made under subsection (1), the Commission shall, without requiring payment of any fee, issue to the applicant, in substitution for his existing license, an amended license for the unexpired portion of the period for which, and subject to the same terms, limitations and conditions as those subject to which, that existing license was

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

A m endm ents to P art II of the Water A c t ,

1912—continued.

issued, except that the amended license shall be in respect of the reduced area, the reduced capacity of the work or, as the case may be, the reduced quantity of water specified in the application.

(7) (a) Section 13b—

Omit “or authority for a joint water supply scheme” wherever occurring.

(b) Section 13b (1 )—

Omit “any such license or authority” wherever occurring, insert Instead “a license”.

(c) Section 13b (3 )—

Omit “or authority” wherever occurring.

(8) Section 13c—

(a) Omit “or authority for a joint water supply scheme” wherever occurring.

(b) Omit “or authority” wherever occurring.

(9) Section 13d—

(a) Omit “or authority for a joint water supply scheme”.

(b) Omit “or authority” wherever occurring.

SCHEDULE

Act No. 103, 1977.

Water (Amendment).

SCHEDULE 2—continued.

Amendments to Part II of the Water Act,

1912—continued.

(10) Section 13f—

(a) Omit “or authority for a joint water supply scheme”.

(b) Omit “or authority” wherever occurring.

(c)	Omit “it is the intention of the Commission to cancel the license”, insert instead “the license will be cancelled”.
(d)	After the word “shall” where firstly occurring, insert “be deemed to”.

(11) Section 14b—

Omit the section.

(12) Section 16—

Omit the section, insert instead :—

Benefit of

16. (1) A license (other than a license issued

(a) be deemed to be held by; and

(b) operate and enure for the benefit of,

license.

under section 13a) shall, except where the license

otherwise specifically provides-—̂

the lawful occupier for the time being of the land on which the licensed work is constructed or used or is proposed to be constructed or used.

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

A m endm ents to Part II of the Water A ct ,

1912—continued.

(2) A license issued under section 13a shall,

except where the license otherwise specifically

provides—

(a) be deemed to be held by; and

(b) operate and enure for the benefit of,

the lawful occupier for the time being of the land which is or is to be supplied with water by means of the licensed work.

(13) Sections 17a, 17b—

Omit the sections, insert instead :—

17a. (1) If at any time during the currency of a Revocation or suspen­

license the Commission is satisfied that— sion, etc., of license.

(a)	the holder of the license has conserved, diverted, taken or used any quantity of water in excess of the quantity authorised by the license;
(b)	any land has been irrigated as to an area in excess of that authorised by the license;
(c)	the holder of the license has used the licensed work for a purpose other than that authorised by the license;
(d)	the holder of the license has contravened or failed to comply with any of the terms, limitations or conditions to which the license is subject;

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

A m endm ents to Part II of the W ater A ct ,

1912—continued.

(e)	any water diverted, taken or used by the holder of the license is not being bene­ ficially used or is being wasted; or
(f)	beneficial use is not being made of the licensed work,

the Commission may serve on the holder of the license a notice that, after the expiration of a period specified in the notice, the license will be revoked, suspended or modified as indicated in the notice, and where any such notice is served, unless the Commission annuls or withdraws the notice before the expiration of the period so specified, the license shall, on the expiration of that period, be deemed to be revoked, suspended or modified, as the case may be.

(2) If in the opinion of the Commission there are circumstances which render it necessary or expedient—

(a)	that any license should be suspended or modified;
(b)	that the quantity of water authorised to be taken under any license should be reduced; or
(c)	that a right held under any license for the taking of water for any purpose from a river, lake or section of a river should be restricted or suspended,

the Commission may serve on the holder of the license a notice to that effect, and where any such notice is served, the license shall be deemed to be suspended or modified, or the quantity of water reduced or, as the case may be, the right restricted or suspended, according to the tenor of the notice.

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

A m endm ents to Part II of the Water A ct ,

1912—continued.

(3) If the Commission is satisfied that the

holder of a license has failed to comply with the terms

of a notice served by the Commission whereby—

(a) the license has been modified;

(b)	the quantity of water authorised to be taken under the license has been reduced; or
(c)	a right held under the hcense for the taking of water for any purpose from a river, lake or section of a river has been restricted or suspended,

the Commission may serve on the holder of the license a notice that, after the expiration of a period specified in the notice, the license wUl be suspended, and where any such notice is served, unless the Commission annuls or withdraws the notice before the expiration of the period so specified, the license shall, on the expiration of that period, be deemed to be suspended.

(4) Service of a notice under this section

may be effected on the holder of a license—

(a)	by delivering the notice to the holder personally;
(b)	by leaving the notice with any person apparently of or above the age of 14 years who apparently resides or is employed on the land of the holder; or
(c)	by letter sent by post and addressed to the holder at his address last known to the Commission.

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

A m endm ents to Part II of the Water A ct ,

1912—continued.

Offences	17b . (1) Any person who—
with respect
to licenses.

(a)	being the holder of a license in respect of a work to which this Part extends, uses the work when the license is suspended;
(b)	being the former holder of such a license, uses the work when the license is revoked or cancelled or has expired;
(c)	being the holder of a license, contravenes or fails to comply with any term, limitation or condition to which the license is subject;
(d)	being the holder of a license, fails to comply with the terms of any notice served on him by the Commission whereby—

(i) the license has been modified;

(ii)   the quantity of water authorised to be taken under the license has been reduced; or

(iii)   a right held under the license for the taking of water for any purpose from a river, lake or section of a river has been restricted or suspended; or

(e) being the holder of a license, contravenes section 13d,

is guilty of an offence and is liable, on conviction, to

a penalty not exceeding $500.

SCHEDULE

Act No. 103, 1977.

Water (^Amendment).

SCHEDULE 2—continued.

A m endm ents to Part II of the W ater A ct ,

1912—continued.

(2) In any prosecution under this section against the holder or former holder of a license, proof—

(a)	that a work in respect of which the license is or was held has been used when the license is suspended, revoked or cancelled or has expired;
(b)	that any term, limitation or condition to which the license is subject has been contravened or has not been complied with;
(c)	of failure to comply with the terms of any notice served by the Commission on that holder whereby—

(i) the license has been modified;

(ii)   the quantity of water authorised to be taken under the license has been reduced; or

(iii)   a right held under the license for the taking of water for any purpose from a river, lake or section of a river has been restricted or suspended; or

(d) that water has been taken from a river or lake by means of a work covered by a license before the whole of the works covered by the license have been constructed or provided,

shall, in the absence of proof to the contrary, be evidence that the use, contravention, non-compliance or failure has been caused by that holder or former holder of the license.

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

Amendments to Part II of the Water Act,

1912—continued.

(14) Section 17c—

Omit the section, insert instead :—

Revocation	17c. Where a license is deemed to be revoked or notify the revocation or cancellation in the Gazette, and any such notification shall be conclusive evidence of the revocation or cancellation.
and cancel­
lation of	cancelled under this Division, the Commission may
licenses.

(15) Section 17d—

Omit the section.

(16) Part II, Division 3a-

Omit the Division.

(17) Section 18r—

After section 18q, insert : —

Offences	18r. 1	(1) Any person who—
with

respect to	(a)	being the holder of a permit in respect of a
permits.	work to which this Part extends, uses the work when the permit is suspended;
(b)	being the former holder of such a permit, uses the work when the permit is withdrawn or has expired; or
(c)	being the holder of a permit, contravenes or fails to comply with any limitation or condition to which the permit is subject,

is guilty of an offence and is liable, on conviction, to

a penalty not exceeding $500.

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

A m endm ents to P art II of the Water A c t ,

1912—continued.

(2) In any prosecution under this section

against the holder or former holder of a permit,

proof—

(a)	that a work in respect of which the permit is or was held has been used when the permit is suspended or withdrawn or has expired; or
(b)	that any limitation or condition to which the permit is subject has been contravened or has not been complied with,

shall, in the absence of proof to the contrary, be evidence that the use, contravention or non-compliance has been caused by that holder or former holder of the permit.

(18) (a) Section 20 (1 )—

Omit the subsection, insert instead ;—

(1) The occupiers of the whole of the lands supplied or proposed to be supplied with water obtained by means of a joint water supply scheme, and, where the land or lands on which the scheme is or is to be constructed is not in the occupation of one or more of those occupiers, the occupier of that land or, as the case may be, the occupiers of those lands, may apply to the Commission for an authority to construct and use the scheme and to take and use, for the purposes specified in the application, the water which ma> be conserved or obtained by the scheme.

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

A m endm ents to P art II of the W ater A c t ,

1912—continued.

(b) Section 20 (2)—

After “application shall be”, insert “in or to the effect of the prescribed form and shall be”.

(c) Section 20 (2) (a )—

Omit “occupier”, insert instead “applicant to whom it is proposed to supply water obtained by means of the joint water supply scheme”.

(d) Section 20 (2) (b )—

(i)   Omit “occupier” where firstly occurring, insert instead “applicant”.

(ii)   Omit “occupier” where secondly occurring, insert instead “applicant to whom it is proposed to supply water obtained by means of the scheme”.

(e) Section 20 (2) (d )—

Omit “occupier”, insert instead “applicant to whom it is proposed to supply water obtained by means of the scheme”.

(f) Section 20 (2) (g)—

(i)   Omit “occupier”, insert instead “applicant to whom it is proposed to supply water obtained by means of the scheme”.

(ii)   Omit “occupiers”, insert instead “applicants to whom it is proposed to supply water so obtained”.

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

A m endm ents to Part II of the Water A ct ,

1912—continued.

(g) Section 20 (2) (h )—

Omit the paragraph, insert instead :—

(h) where the applicants or any two or more of the applicants have entered into an agreement, either between themselves or between themselves and any other per­ son, in respect of the scheme, a copy of that agreement;

(h) Section 20 (2) (i)—

Omit “joint water supply”.

(i) Section 20 (2) ( j)—

(i)   Omit “occupiers” where firstly occurring, insert instead “applicants”.

(ii)    Omit “of moneys for same and the payments to be made by any of the occupiers in respect thereof”, insert instead “and pay­ ment of money for those matters”.

(19) (a) Section 20a (1 )—

Omit “under this Division”.

(b) Section 20a (2 )—

(i)   Omit “police” wherever occurring, insert instead “stipendiary”.

(ii)

Omit “occupiers”, insert instead “appli­

cants”.

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

A m endm ents to P art II of the Water A c t ,

1912~continued.

(20) (a) Section 20b (2 )—

(i)   Omit “and on receipt by it of the certified copy of the agreement executed by the occupiers as hereinafter provided”.

(ii)   Omit “occupiers” where secondly occurring, insert instead “applicants”.

(iii)   Omit “between the occupiers” where secondly occurring.

(iv)   Omit “such works”, insert instead “the works between the applicants to whom it is proposed to supply that water”.

(b) Section 20b (4 )—

Omit the subsection.

(21) Sections 20bA, 20bb, 20bc—

After section 20b, insert :—

Commission	20ba. (1) The Commission may refuse to grant
may refuse

to grant	any application for an authority for the purpose of
certain	irrigating grasses or pastures other than sown grasses
applications
for author­	or improved pastures.
ities.
(2) The Commission may refuse to grant any application for an authority if it is not satisfied with the proposals for the construction of the works in regard to nature, class or form, or with the work proposed to be undertaken by any applicant in the preparation of the land for irrigation.

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

A m endm ents to Part II of the W ater A ct ,

1912—continued.

(3) A decision of the Commission under

subsection (1) or (2) to refuse to grant an applica­ tion for an authority shall be final and shall not be subject to appeal.

(4) The Commission may, when renewing

an authority under which water has been used for the purpose of irrigating grasses or pastures other than sown grasses or improved pastures, renew the authority subject to a condition that the irrigation of those grasses or pastures shall be discontinued either forth­ with or progressively within a specified period not exceeding 5 years.

(5) The Commission may, when renewing

an authority in respect of a work used for the purpose

of irrigation and—

(a)	that work is, in the opinion of the Com­ mission, of such nature, class or form as to cause undue wastage of water by the filling of depressions, lakes or swamps; or
(b)	the design of the work, or the failure of the holders or any of the holders of the authority to maintain the work or any part of it in good order and condition, warrants the Commission so doing,

renew the authority subject to a condition that the work shall be altered in design or form or repaired to the satisfaction of the Commission, or that additional works shall be provided, within a specified period not exceeding 2 years.

SCHEDULE

Act No. 103, 1977.

Water (Amendment).

SCHEDULE 2—continued.

A m endm ents to P art II of the W ater A c t ,

1912—continued.

(6) In any case where the alterations,

repairs or additional works referred to in subsection (5) are, in the opinion of the Commission, so extensive as to warrant its so doing, the Commission may grant an extension of time, not exceeding 3 years, for com­ pletion of those alterations, repairs or additional works.

Water	20bb. The holders of an authority granted for the
not to be

taken until	purpose of irrigation or water supply shall not, except
works	with the permission in writing of the Commission,
completed.	take water from a river or lake by means of a work in respect of which the authority is held until the whole of the works in respect of which the authority is held have been constructed or provided.

Commission	20bc. In any case where the work in respect of
may

cancel	which an authority is held has not been used for a
authority	period of 3 years or more, the Commission may give to
not used
if work	the holders of the authority notice by letter sent to
for 3	each of them by post addressed to them at their
years.	addresses last known to the Commission that, after the expiration of a period specified in the notice, the authority will be cancelled and, where any such notice is given, unless the Commission annuls or withdraws the notice before the expiration of the period so specified, the authority shall, on the expiration of that period, be deemed to be cancelled.

(22) (a) Section 20c (1)-

(i)   Omit “occupiers of the lands supplied with water obtained by means of a joint water supply scheme”, insert instead “holders of the authority”.

SCHEDULE

Act No. 103, 1977.

fVater {Amendment).

SCHEDULE 2—continued.

A m endm ents to Part II of the Water A ct ,

1912—continued.

(ii)    Omit “or the certified copy of the agreement be not lodged with the Commission as hereinafter provided”.

(b) Section 20c (2 )—

(i)   Omit “occupiers” where firstly occurring, insert instead “holders of the authority”.

(ii)   Omit “between the occupiers” where secondly occurring.

(iii)   Omit “such works”, insert instead “the works between such of those holders as are supplied with that water”.

(c) Section 20c (3 )—

Omit the subsection.

(23) (a) Section 20ca (1 )—

Omit “in the form prescribed”.

(b) Section 20ca (4) (f) ( i)—

Omit “occupiers”, insert instead “applicants”.

(c) Section 20ca (6) (a )—

Omit “and on receipt by it of the certified copy of the agreement executed by the applicants as hereinafter provided, issue to the applicants an authority for a joint water supply scheme”, insert

instead issue to the applicants an authority”.

(d) Section 20ca (7 )—

Omit the subsection.

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

A m endm ents to Part II of the Water A ct ,

1912—continued.

(e) Section 20ca (8) (a )—

Omit “for a joint water supply scheme”.

(f) Section 20ca (11)—

Omit “sections 17b and 17c”, insert instead

“sections 21b and 22”.

(24) (a) Section 20cb (1) (a )—

Omit “occupiers of the lands supplied with water obtained by means of a joint water supply scheme”, insert instead “holders of the authority”.

(b) Section 20cb (1) (d )—

Omit “or the certified copy of the agreement be not lodged with the Commission as hereinafter provided”.

(c) Section 20cb (3) (a )—

(i)   Omit “and on receipt by it of the certified copy of the agreement executed by the applicants as hereinafter provided”.

(ii) Omit “for a joint water supply scheme”.

(d) Section 20cb (3) (b )—

Omit the paragraph, insert instead :—

(b) An authority shall not be issued under paragraph (a) while any appeal is pending with respect to the application for the renewal of that authority.

SCHEDULE

Act No. 103, 1977.

Water (^Amendment).

SCHEDULE 2—continued.

A m endm ents to Part II of the W ater A c t ,

1912—continued.

(e) Section 20cb (3) (c)—

(i) Omit “section”, insert instead “subsection”.

(ii)   Omit “scale prescribed by regulations under this Act”, insert instead “prescribed scale”.

(f) Section 20cb (4 )—

Omit the subsection.

(25) Section 20d—

Omit “under this Division”.

(26) (a) Section 20e (1 )—

Omit “occupiers of the whole of the lands sup­ plied with water obtained by means of a joint water supply scheme”, insert instead “holders of an authority”.

(b) Section 20e (2) (a )—

Omit “occupiers of the whole of the lands sup­ plied with water obtained by means of that work”, insert instead “holders of the authority”.

(c) Section 20e (2) (c )—

Omit “police” wherever occurring, insert instead

“stipendiary”.

(d) Section 20e (3 )—

Omit the subsection.

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

A m endm ents to Part II of the Water A c t ,

1912—continued.

(e) Section 20e (4 )—

Omit “and subsection (3 )”.

(27) Section 20f—

After “in the authority”, insert “and of the lands”.

(28) Section 20g (2 )—

Omit “for a joint water supply scheme”.

(29) Sections 20h , 20ha, 20hb—

Omit section 20h, insert instead :—

Revocation	20h . (1) If at any time during the currency of an
or

suspension,	authority the Commission is satisfied that—
etc., of

authority.

(a) the holders or any of the holders of the authority have or has conserved, diverted, taken or used any quantity of water in excess of the quantity authorised by the authority;

(b)	any land has been irrigated as to an area in excess of that authorised by the authority;
(c)	the holders or any of the holders of the authority have or has used the work in respect of which the authority is held for a purpose other than that authorised by the authority;

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

A m endm ents to Part II of the Water A c t ,

1912—continued.

(d)	the holders or any of the holders of the authority have or has contravened or failed to comply with any of the terms, limitations or conditions to which the authority is subject;
(e)	any water diverted, taken or used by any of the holders of the authority is not being beneficially used or is being wasted; or
(f)	beneficial use is not being made of the work in respect of which the authority is held,

the Commission may serve on the holders of the authority a notice that, after the expiration of a period specified in the notice, the authority wUl be revoked, suspended or modified as indicated in the notice, and where any such notice is served, unless the Commission annuls or withdraws the notice before the expiration of the period so specified, the authority shall, on the expiration of that period, be deemed to be revoked, suspended or modified, as the case may be.

(2) If in the opinion of the Commission

there are circumstances which render it necessary or

expedient—

(a)	that any authority should be suspended or modified;
(b)	that the quantity of water authorised to be taken under any authority should be reduced; or
(c)	that a right held under any authority for the taking of water for any purpose from a river, lake or section of a river should be restricted or suspended,

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

A m endm ents to P art II of the Water A ct ,

1912—continued.

the Commission may serve on the holders of the authority a notice to that effect, and where any such notice is served, the authority shall be deemed to be suspended or modified, or the quantity of water reduced or, as the case may be, the right restricted or suspended, according to the tenor of the notice.

(3) If the Commission is satisfied that the holders or any of the holders of an authority have or has failed to comply with the terms of a notice served by the Commission whereby—

(a) the authority has been modified;

(b)	the quantity of water authorised to be taken under the authority has been reduced; or
(c)	a right held under the authority for the taking of water for any purpose from a river, lake or section of a river has been restricted or suspended,

the Commission may serve on the holders of the authority a notice that, after the expiration of a period specified in the notice, the authority will be suspended and where any such notice is served, unless the Com­ mission annuls or withdraws the notice before the expiration of the period so specified, the authority shall, on the expiration of that period, be deemed to be suspended.

(4) Service of a notice under this section may be effected on a holder of an authority—

(a) by delivering the notice to the holder personally;

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

A m endm ents to Part II of the Water A ct ,

1912—continued.

(b)	by leaving the notice with any person apparently of or above the age of 14 years v/ho apparently resides or is employed on the land of the holder; or
(c)	by letter sent by post and addressed to the holder at his address last known to the Commission.

20ha. (1) Any person who—

Offences

with

(a)

being a holder of an authority in respect of respect to work when the authority is suspended;

(b)	being a former holder of such an authority, uses the work when the authority is revoked or cancelled or has expired;
(c)	being a holder of an authority, contravenes or fails to comply with any term, limitation or condition to which the authority is subject;
(d)	being a holder of an authority, fails to comply with the terms of any notice served on him by the Commission whereby—

(i)    the authority has been modified;

(ii)   the quantity of water authorised to be taken under the authority has been reduced; or

(iii)   a right held under the authority for the taking of water for any purpose from a river, lake or section of a river has been restricted or sus­ pended; or

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

Amendments to Part II of the Water Act,

1912—continued.

(e) being a holder of an authority, contravenes section 20bb,

is guilty of an offence and is liable, on conviction, to

a penalty not exceeding $500.

(2) In any prosecution under this section

against a holder or former holder of an authority on whose land a work in respect of which the authority is or was held is situated, proof—

(a)	that the work has been used when the authority is suspended, revoked or cancelled or has expired;
(b)	that any term, limitation or condition to which the authority is subject has been con­ travened or has not been complied with;
(c)	of failure to comply with the terms of any notice served by the Commission on that holder whereby—

(i) the authority has been modified;

(ii)   the quantity of water authorised to be taken under the authority has been reduced; or

(iii)   a right held under the authority for the taking of water for any purpose from a liver, lake or section of a river has been restricted or sus­ pended; or

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

Amendments to Part II of the Water Act,

1912—continued.

(d) that water has been taken from a river or lake by means of a work covered by an authority before the whole of the works covered by the authority have been con­ structed or provided,

shall, in the absence of proof to the contrary, be evi­ dence that the use, contravention, non-compliance or failure was caused by that holder or former holder of the authority.

20hb. Where an authority is deemed to be revoked Revocation

or cancelled under this Division, the Commission may

notify the revocation or cancellation in the Gazette, authorities,

and any such notification shall be conclusive evidence

of the revocation or cancellation.

(30) Section 20r—

Omit “and upon breach of any such terms, limitations and conditions the group license may be cancelled by the Commission”.

(31) Sections 20s, 20sa—

Omit section 20s, insert instead :—

20s. (1) If at any time during the currency of a Revocation

group license the Commission is satisfied that— of suspen-

^ ̂ Sion, etc.,

(a) the Board holding the group license or any of the group license occupiers has con­ served, diverted, taken or used any quantity of water in excess of the quantity authorised by the group license;

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

Amendments to Part II of the Water Act,

1912—continued.

(b)	any land has been irrigated as to an area in excess of that authorised by the group license;
(c)	the Board holding the group license or any of the group license occupiers has used the work in respect of which the license is held for a purpose other than that authorised by the license;
(d)	the Board holding the group license or any of the group license occupiers has contra­ vened or failed to comply with any of the terms, limitations or conditions to which the license is subject;
(e)	any water diverted, taken or used by the Board holding the group license or by any of the group license occupiers is not being beneficially used or is being wasted; or
(f)	beneficial use is not being made of the work in respect of which the group license is held,

the Commission may serve on the Board a notice that, after the expiration of a period specified in the notice, the group license will be revoked, suspended or modi­ fied as indicated in the notice, and where any such notice is served, unless the Commission annuls or withdraws the notice before the expiration of the period so specified, the group license shall, on the expiration of that period, be deemed to be revoked, suspended or modified, as the case may be.

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

Amendments to Part II of the Water Act,

1912—continued.

(2) If in the opinion of the Commission there

are circumstances which render it necessary or

expedient—

(a)	that any group license should be suspended or modified;
(b)	that the quantity of water authorised to be taken under any group license should be reduced; or
(c)	that a right held under any group license for the taking of water for any purpose from a river, lake or section of a river should be restricted or suspended,

the Commission may serve on the Board which holds the group license a notice to that effect, and where any such notice is served, the group license shall be deemed to be suspended or modified, or the quantity of water reduced or, as the case may be, the right restricted or suspended, according to the tenor of the notice.

(3) If the Commission is satisfied that the

Board which holds a group license has failed to comply with, or to cause to be complied with, the terms of a notice served by the Commission whereby—

(a) the group license has been modified;

(b)	the quantity of water authorised to be taken under the group license has been reduced; or
(c)	a right held under the group license for the taking of water for any purpose from a river, lake or section of a river has been restricted or suspended,

SCHEDULE

Act No. 103, 1977.

Water (^Amendment).

SCHEDULE 2—continued.

Amendments to Part II of the Water Act,

1912—continued.

the Commission may serve on the Board a notice that, after the expiration of a period specified in the notice, the group license will be suspended, and where any such notice is served, unless the Commission annuls or withdraws the notice before the expiration of the period so specified, the group license shall, on the expiration of that period, be deemed to be suspended.

(4) Service of a notice under this section

may be effected on a Board—

(a)	by delivering the notice to the principal place of business of the Board;
(b)	by leaving the notice with any person apparently of or above the age of 14 years who is apparently employed by the Board; or
(c)	by letter sent by post and addressed to the Board at its address last known to the Commission.

Offences	20sa. (1) Any person who—
with
respect

to group	(a) being a Board holding a group license or a group license occupier, uses a work in respect of which the group license is held when the group license is suspended;
licenses.
(b) being a Board which formerly held a group license or an occupier of land to which water was formerly supplied under such a group license, uses a work in respect of

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

Amendments to Part II of the Water Act,

1912—continued.

which the group license was held when the group license is revoked or caneelled or has expired;

(c)	being a Board holding a group license or a group license occupier, contravenes or fails to comply with any term, limitation or condition to which the group license is subject; or
(d)	being a Board holding a group license, fails to comply with the terms of any notice served on the Board by the Commission whereby-—•

(i) the group Ucense has been modified;

(ii)   the quantity of water authorised to be taken under the group license has been reduced; or

(iii)   a right held under the group license for the taking of water for any pur­ pose from a river, lake or section of a river has been restricted or sus­ pended,

is guilty of an offence and is liable, on conviction, to

a penalty not exceeding $500.

(2) In any proseeution under this section

against a Board holding a group license or a group license occupier, or a Board which formerly held a group license or an occupier of land to which water was formerly supplied under a group license, being a

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 2—continued.

Amendments to Part II of the Water Act,

1912—continued.

Board or an occupier on whose land a work in respect of which a group hcense is or was held is situated, proof—

(a)	that the work has been used when the group license is suspended, revoked or cancelled or has expired; or
(b)	that any term, limitation or condition to which the group license is subject has been contravened or not complied with,

shall, in the absence of proof to the contrary, be evidence that the use, contravention or non­ compliance was caused by that Board, group license occupier or occupier, as the case may be.

(3) In any prosecution under this section

against a Board holding a group license, proof of failure to comply with the terms of any notice served on that Board by the Commission whereby—

(a)	the group license has been modified;
(b)	the quantity of water authorised to be taken under the group license has been reduced;
(c)	a right held under the group license for the taking of water for any purpose from a river, lake or section of a river has been restricted or suspended,

shall, in the absence of proof to the contrary, be

evidence that the failure was caused by that Board.

SCHEDULE

Act No. 103, 1977.

fVater (Amendment).

SCHEDULE 2—continued.

Amendments to Part II of the Water Act,

1912—continued.

(32) Section 20u—

Omit the section, insert instead :—

20u. Where a group license is deemed to be Revocation

revoked or cancelled under this Division, the Commis- t̂iorfof**'

sion may notify the revocation or cancellation in the group evidence of the revocation or cancellation.

SCHEDULE 3. Sec. 4.

Insertion of Division 4b into Part II of the Water Act,

1912.

Part II, Division 4b—

After Part II, Division 4a, insert:—

Division 4b.— Volumetric Water Allocations

Schemes.

20v. In this Division, unless the context or subject- interpre­

matter otherwise indicates or requires— the pu^Les

“scheme”, in relation to any water source, means a volumetric water allocations scheme (as may be modified from time to time under this Division) prepared m respect of that water source under section 20x;

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 3—continued.

Insertion of Division 4b into Part II of the Water Act,

1912—continued.

“water allocation”, in relation to any license, group license or authority, which authorises the taking of water from a water source which is subject to a scheme, means the quantity of water specified in the condition (as may be modified from time to time under this Division) attached to, or included in, the license, group license or authority pursuant to section 20x (5) or section 20ab (1) (b) as being the maximum quantity which may, subject to this Division, be taken from that water source in any year under the license, group license or authority for the purpose or purposes specified in the license, group license or authority;

“water source” means any river, lake or section

of a river;

“year” means the period of 12 months commenc­ ing on 1st July in each calendar year.

Power of	20w. The Governor may, by order published in the
Governor

to declare

Gazette, declare that any water source and all of the

water source

licenses, group licenses and authorities, which

to be

subject to

authorise the taking of water from that water source,

volumetric

shall, on and from such date as may be specified in the

water

allocations

order (being the date of its publication or a later

scheme.

date), be subject to a volumetric water allocations

scheme prepared under section 20x.

Deter­	20x. (1) Before an order under section 20w may
mination of

water	be made, the Commission shall prepare a volumetric
allocations	water allocations scheme in respect of the water source
in respect
of licenses,	to which it is proposed that the order will, when
group	made, apply.
licenses and

authorities. SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 3—continued.

Insertion of Division 4b into Part II of the Water Act,

1912—continued.

(2) In preparing a scheme in respect of a water source, the Commission—

(a)	shall assess the total quantity of water that is likely to be available in each year for apportionment among and allocation to holders of licenses, group licenses and authorities, which authorise the taking of water from that water source; and
(b)	shall then determine in respect of each such license, group license and authority the maximum quantity of water which may. subject to this Division, be taken from that water source in any year under the license, group license or authority for the purpose or purposes specified in the license, group license or authority.

(3) The Commission may—

(a)	fix differing quantities of water per hectare according to whether water authorised to be taken from the water source under a license, group license or authority may be used for the purpose of irrigating orchards, vineyards, trees (other than trees in orchards), lucerne, pasture, fodder crops, cereal crops or vegetables or crops or plantings of any other description;
(b)	fix differing quantities of water according to whether water authorised to be taken from the water source under a license, group license or authority may be used for a pur­ pose other than a purpose specified in paragraph (a); and

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 3—continued.

Insertion of Division 4b into Part II of the Water Act,

1912—continued.

(c) determine that in no case shall the maximum quantity of water which may be taken from the water source in any year under any license, group license or authority exceed a quantity specified by the Commission.

(4) Subject to any determination made under

subsection (3) (c)—

(a) a determination under subsection (2) (b) in respect of a license, group license or authority may be made—

(i)   in the case of a license, group license or authority issued for the purpose of irrigating a erop or planting of a class specified in sub­ section (3) (a), by reference to the area of land which is authorised to be irrigated under the license, group license or authority and to such quantity as may be fixed under sub­ section (3) (a) in respect of that class of crop or planting; and

(ii)   in the case of a license, group license or authority issued for any purpose other than the irrigation of a crop or planting of a class specified in subsection (3) (a), by reference to such quantity as may be fixed under subsection (3) (b) in respect of that purpose; and

(b) where water authorised to be taken from the water source under a license, group license or authority may be used for the purpose of

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 3—continued.

Insertion of Division 4b into Part II of the Water Act,

1912—continued.

irrigating two or more classes of crops or plantings specified in subsection (3) (a) or for two or more purposes, a maximum quantity of water may be determined under subsection (2) (b) in respect of each of those classes or, as the case may be, each of those purposes.

(5) As soon as practicable after the publica­

tion of an order declaring a water source to be subject to a scheme and before the date on which the scheme is to commence, the Commission shall, by notice in writing served on the holder of each license or group license, and on the holders of each authority, which authorises the taking of water from the water source, attach to the license, group license or authority a condition that, except where the operation of the con­ dition is suspended under section 20aa, on and from the date on which the scheme commences and in respect of each year during which the scheme is in force, not more than the maximum quantity of water determined in respect of the license, group license or authority under subsection (2) (b) and specified in the condition (as may be modified from time to time under this Division) shall be taken from the water source during any year under the license, group license or authority for the purpose or purposes specified in the license, group license or authority.

(6) Service of a notice under subsection (5)

may be effected on a holder referred to in subsection

( 5 ) -

(a) by delivering the notice to the holder per­ sonally;

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 3—continued.

Insertion of Division 4b into Part II of the Water Act,

1912—continued.

(b)	by leaving the notice with any person apparently of or above the age of 14 years who apparently resides or is employed on the land of the holder; or
(c)	by letter sent by post and addressed to the holder at his address last known to the Commission.

(7) On the service of a notice under subsec­ tion (5), the license, group license or authority to which the notice relates shall be modified according to the tenor of the notice.

(8) Where any order under section 20w declaring a water source to be subject to a scheme has effect on and from a date falling after the beginning of a year, the quantity of water determined under subsection (2) (b) in respect of a license, group license or authority, which authorises the taking of water from that water source, shall, for that year, be deemed to be reduced by the proportion that the part of that year which has elapsed at that date bears to the whole of that year and the condition which is attached to the license, group license or authority in accordance with subsection (5) shall be construed accordingly.

(9) Notwithstanding anything in this Part, a determination made under subsection (2) (b) in respect of a license, group license or authority and a condition attached to the license, group license or authority in accordance with subsection (5) shall not be the subject of an objection or appeal under this Part.

SCHEDULE

Act No. 103, 1977.

Water (^Amendment).

SCHEDULE 3—continued.

Insertion of Division 4b into Part II of the Water Act,

1912—continued.

20y. (1) Where the Commission is satisfied that a Power to water source which is subject to a scheme is unlikely ?“spend to have more water available than is sufficient to meet licenses, the water allocations of holders of existing licenses,

group licenses and authorities, which authorise the authorities,

taking of water from the water source, and the require­

ments of all other users lawfully authorised to take

water from the water source, it may, by a notice

published in the Gazette and in a newspaper circulating

in the district in which the water source is located,

declare that, on and from a date specified in the

notice (being the date of publication in the Gazette

or a later date)—

(a) except as provided in subsection (2), no further applications for licenses, group licenses and authorities; and

(b) no further applications—

(i)   for additional licenses made under the proviso to section 18 (2);

(ii)   for amended authorities made under section 20e (2) (a); or

(iii)   for amended group licenses referred to in section 20q (2) (a),

will be granted until the notice is revoked by a

subsequent notice so published.

(2) Subsection (1) does not apply to an

application for a license or authority, or to applications for licenses or authorities, in replacement of a license or authority if the water allocation in respect of the

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 3—continued.

Insertion of Division 4b into Part II of the Water Act,

1912—continued.

replacement license or authority or, as the case may be, the total water allocations in respect of the replace­ ment licenses or authorities will not exceed the water allocation in respect of the license or authority that is being replaced or, as the case may be, the total water allocations in respect of the hcenses or authorities that are being replaced.

(3) On and from the date specified in the notice published under subsection (1) and until the notice is revoked, an application to which that sub­ section applies may not be made under this Part and if made shall not be considered by the Commission.

(4) Where a notice published under sub­ section (1) has effect in relation to any water source and any land in respect of which a license or authority authorises the taking of water from that water source is subdivided into parts, an application for a license or authority to take water from that water source for use in connection with any such part shall, for the purpose of this section, be deemed to be an application for a license or authority in replacement of that Ucense or authority.

Power of	20z. (1) If, with respect to any year, it appears to
Commission

to reduce	the Commission that a water source which is subject
water	to a scheme is unlikely to have sufficient water avail­
allocations
in times of	able to meet the water allocations of holders of
water	licenses, group licenses and authorities, the Commis­
shortage.	sion may, by a notice published in the Gazette and in

SCHEDULE

Act No. 103, 1977.	48
Water {Amendment).

SCHEDULE 3—continued.

Insertion of Division 4b into Part n of the Water Act,

1912—continued.

a newspaper circulating in the district in which that water source is located, either before or after the beginning of that year, reduce those allocations for that year by such proportion as may be specified in the notice.

(2) Where a notice has been published in

accordance with subsection (1), the condition which pursuant to section 20x (5) is attached to, or which pursuant to section 20ab (1 ) (b) is included in, any license, group license or authority to which the notice relates shall, for the year specified in the notice, be modified according to the tenor of the notice and the water allocation in respect of the license, group license or authority shall be deemed to be reduced accordingly.

(3) Where, after the beginning of a year, the

condition attached to, or included in, a license, group license or authority as referred to in subsection (2) has been modified as provided in that subsection and the quantity of water taken under the license, group license or authority during that year before the modi­ fication had effect did not exceed the water allocation in respect of the license, group license or authority but exceeded the water allocation as reduced in con­ sequence of the modification of the condition, the holder of the license or group license or, as the case may be, the holders of the authority shall not be regarded as having contravened the condition, as so modified, with respect to the taking of that excess quantity.

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 3—continued.

Insertion of Division 4b into Part II of the Water Act,

1912—continued.

Power of	20aa. (1) If, with respect to any year, it appears
Commission

to suspend	to the Commission that a water source which is sub­
operation	ject to a scheme is likely to have more water available
of con­
ditions	than is required to meet the water allocations of
relating	holders of licenses, group licenses and authorities, the
to water
allocations	Commission may declare that during such part of the
in years	year as is specified in the declaration water may be
of surplus
and to	taken from that source under the authority of any
increase	such license, group license or authority without restric­
water
allocations.	tion as to quantity.
(2) Where a declaration has been made under subsection (1), the condition which pursuant to section 20x (5) is attached to, or which pursuant to section 20ab (1 ) (b) is included in, any license, group license or authority to which the declaration relates shall, for the part of the year referred to in subsection (1), be deemed to be suspended and any quantity of water taken from the water source during that part of the year under the license, group license or authority shall not be taken into account for the purpose of determining whether or not the water allocation applicable in respect of the license, group license or authority for the year has been exceeded.
(3) Without limiting subsection (1), if, with respect to any year, it appears to the Commission that a water source which is subject to a scheme is likely to have more water available than is required to meet existing water allocations of holders of licenses, group licenses and authorities, the Commis­ sion may, either before or after the beginning of the year, declare that those allocations are increased by such proportion as is specified in the declaration.

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE 3—continued.

Insertion of Division 4b into Part II of the Water Act,

1912—continued.

(4) Where a declaration has been made

under subsection (3), the condition which pursuant to section 20x (5) is attached to, or which pursuant to section 20ab (1) (b) is included in, any license, group license or authority to which the declaration relates shall, for the year specified in the declaration, be modified according to the tenor of the declaration and the water allocation in respect of the license, group license or authority shall be deemed to be increased accordingly.

(5) The Commission shall cause notice of

a declaration under this section to be published, as soon as practicable after the making of the declara­ tion, in the Gazette and in a newspaper circulating in the district in which the water source to which the declaration relates is located.

20ab. (1) Where the Commission decides to grant issue of

an application made under this Part for the issue of a

license, group license or authority which will authorise group ’

the taking of water from a water source which is

subject to a scheme, it shall— authorities.

(a) determine in respect of the license, group license or authority the maximum quantity of water which may, subject to this Division, be taken from the water source in any year for the purpose or purposes for which the license, group license or authority is to be issued; and

SCHEDUT.E

Act No. 103, 1977.

Water {Amendment).

SCHEDULE A— continued.

Further Amendments to Part II of the Water Act,

1912—continued.

(4) Section 24—

Omit “police or”.

(5) Section 26a—

Omit as amended by subsequent Acts”.

(6) Section 26b-

(a) Omit “for a joint water supply scheme”.

(b) Omit “in the order of precedence which was given to that person”.

(7) (a) Section 27 (1) (a )—

Omit the paragraph, insert instead ;—

(a) forms of, and of application for—

(i)

licenses, group licenses, authori­

ties and permits; and

(ii) renewal of licenses, group

licenses, authorities and permits,

and forms of notices required or

authorised under this Part;

SCHEDULE

Act No. 103, 1977.

Water {Amendment).

SCHEDULE A— continued.

Further Amendments to Part II of the Water Act,

1912—continued.

(b) Section 27 (1) (b )—

Omit “in connection with joint water supply schemes, renewals of such authorities”, insert instead “, renewals of authorities”.

(c) Section 27 (1) (d )—

Omit “in respect of joint water supply schemes, group license occupiers, or persons occupying land comprised within such schemes”, insert instead “or group license occupiers”.

(d) Section 27 (2 )—

Omit the subsection, insert instead :—

(2) Section 41 of the Interpretation Act, 1897, applies in respect of a regulation made under subsection (1) as if this Act had been passed after the commencement of the Interpretation (Amendment) Act, 1969.

SCHEDULE

Act No. 103, 1977.	68
Water {Amendment).

SCHEDULE 5. Sec. S.

Savings.

1. Any direction given for the purposes of section 17b (1) of :the Water Act, 1912, and in force immediately before the commence­ ment of Schedule 4 (1) shall be deemed to be a direction given for the purposes of section 21b of that Act, as in force after that ■commencement.

2. Any proclamation made, or charge fixed, under section 14b of the Water Act, 1912, and in force immediately before the com­ mencement of Schedule 4 (3), and any other act, matter or thing done or omitted under that section before that commencement, shall 'be deemed to have been made, fixed, done or omitted under section ,22c of that Act, as in force after that commencement.