Water Legislation Amendment Act 1997 (NSW)
New South Wales
Water Legislation Amendment Act
1997 No 128
Contents
Page
| 1 | N am e of Act | 2 |
| 2 | C om m encem ent | 2 |
| 3 | A m endm ent of W ater Act 1912 N o 44 | 2 |
| 4 | Am endm ent of other Acts | 2 |
Schedules
| 1 | Am endm ent of W ater Act 1912 | 3 |
| 2 | A m endm ent of o ther Acts | 25 |
New South Wales
Water Legislation Amendment Act
1997 No 128
Act No 128, 1997
An Act to amend the Water Act 1912 and various other Acts with respect to the management of water resources. [Assented to 16 December 1997]
| Section 1 | Water Legislation Amendment Act 1997 No 128 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Water Legislation Amendment Act 1997.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Water Act 1912 No 44
The Water Act 1912 is amended as set out in Schedule 1.
4 Amendment of other Acts
Each Act referred to in Schedule 2 is amended as set out in that
Schedule.
Water Legislation Amendment Act 1997 No 128
| Amendment of Water Act 1912 | Schedule 1 |
| Schedule 1 | Amendment of Water Act 1912 |
(Section 3 )
| [1] | Section 20AI Application for | transfer |
| Insert after section 20AI (3): |
(3A) Subsection (3) (c) does not apply in relation to an application referred to in subsection (2) if the Ministerial Corporation is satisfied that the water allocation to which the application relates will be used in accordance with a farm water management plan approved by the Ministerial Corporation.
| (3B) | A farm water management plan must include details concerning the following matters: | |||||||||||||||
| ||||||||||||||||
| (3C) | Before approving a farm water management plan in relation to a proposed transfer that in its opinion involves a significant increase in water consumption by the transferee above the water allocation for the transferee's entitlement, the Ministerial Corporation: | |||||||||||||||
|
Water Legislation Amendment Act 1997 No 128
| Schedule 1 | Amendment of Water Act 1912 |
| (b) | must give persons in that locality a reasonable opportunity to inspect the plan and to make written submissions to the Ministerial Corporation with respect to the plan, and |
| (c) | must have regard to any submission that is duly made. |
The reference in subsection (3) (c) to any other transfer or transfers does not include a reference to any other transfer that, because of a deemed reduction under section 20Z in the water allocation for the transferee's entitlement, has merely maintained the transferee's consumption of water at or below the level of the water allocation for that entitlement.
The taking and using of any water pursuant to a temporary transfer referred to in this section must be in accordance with the relevant farm water management plan (if any) approved by the Ministerial Corporation. Compliance with the plan is a condition of the entitlement to which the relevant water allocation is transferred.
[2 ] Section 22D Sale of land pending transfer of water allocation
| Omit “(or under Part 8 of the Water (Part 2) Regulations)” from section 22D (1). Insert instead “(or under the regulations made under this Part)”. |
[3] Section 22D (1)
Omit “in accordance with Part 8 of” wherever occurring.
[4] Section 105 Definitions
Insert in alphabetical order:
Licence means a licence in force under this Part.
Sub-surface water basin means land overlying, as nearly
as may be determined by known facts, a distinct body of
sub-surface water.
Water Legislation Amendment Act 1997 No 128
| Amendment of Water Act 1912 | Schedule 1 |
Water allocation, in relation to a licence, means the
volume of water to which the licensee of the bore is restricted by means of a condition of the licence referred to in section 115 or 116 or by means of a notice referred to in section 117A (3) (a).
[5] Section 113A
Insert after section 113:
113A invalidation of applications for licences
| (1) | If the Ministerial Corporation is satisfied that the whole or any part of a sub-surface water basin (referred to in this section as a water shortage zone) is unlikely to have more water available than is sufficient to meet: | |||||||
| ||||||||
| it may, by order, place an embargo on any further applications for licences with respect to that zone. | ||||||||
| (2) | Such an order may relate to: | |||||||
|
(i) a specified application for a licence, or
(ii) a specified class of applications for licences.
| (3) | Notice of such an order must be published in: | |||
| ||||
| (4) | The notice must specify the date (being the date of publication in the Gazette or a later date) on and from which the order has effect. |
Water Legislation Amendment Act 1997 No 128
| Schedule 1 | Amendment of Water Act 1912 |
| (5) | An application to which such an order relates is invalid, and is to be rejected by the Ministerial Corporation, if it is made on or after the date specified in the notice published in relation to the order. | |||||
| (6) | Subsection (5) does not apply to: | |||||
|
[6] Section 115 Issue of licence
Omit “terms,” wherever occurring.
[7] Section 116 Granting of licence
Number the first paragraph of the section as subsection (1) and the second paragraph of the section as subsection (2).
[8] Sections 116C and 116D
Insert after section 116B:
116C Limitations and conditions
| (1) | Limitations and conditions referred to in section 115 (1) or (2) or 116 (1) may be imposed on a licence at the time of, or from time to time after, the issue or grant of the licence. | |
| (2) | Before imposing a limitation or condition on a licence, the Ministerial Corporation: | |
|
Water Legislation Amendment Act 1997 No 128
| Amendment of Water Act 1912 | Schedule 1 |
| (b) | must give the licensee or proposed licensee a reasonable opportunity to make written submissions to the Ministerial Corporation with respect to the limitation or condition to be imposed, and |
| (c) | must have regard to any submission that is duly made. |
116D Authority conferred by licence
A licence authorises its holder:
| (a) | to sink, enlarge, deepen or alter the bore in respect of which it is issued, and |
| (b) | to take and use any water obtained by means of the bore, |
subject to the limitations and conditions of the licence
and subject to the provisions of this Part.
Section 117A Declaration of restricted sub-surface water area
Omit “notice” wherever occurring in section 117A (3).
Insert instead “order”.
Section 117A (3 ) (a) (iv)
Omit “for any industrial or manufacturing purpose whatsoever or for irrigation”.
Section 117A (4)
Omit the subsection.
Section 117B Charges
Omit the definition of sub-surface water basin from section
117B (l).
Section 117C Penalty for use of bore when licence suspended
Omit the section.
Water Legislation Amendment Act 1997 No 128
| Schedule 1 | Amendment of Water Act 1912 |
[14] Section 117D Water meters
Omit “within an area which is a prescribed area for the purposes of section 117Bf”r om section 117D (1) (a) (i).
[15] Sections 117E-117K
Insert after section 117D:
117E Restriction or suspension of rights held under licences
during periods of water shortage
| (1) | If the Ministerial Corporation is satisfied that the whole or any part of a sub-surface water basin (referred to in this section as a water shortage zone) is unlikely to have more water available than is sufficient to meet: | |||||||
| ||||||||
| it may, by order, suspend or restrict the entitlement of licensees within that zone to take and use water obtained by such bores. | ||||||||
| (2) | In particular, such an order may reduce a licensee's water allocation during the period for which the order is in force. | |||||||
| (3) | Such an order may relate to: | |||||||
|
(i) a specified bore, or
(ii) a specified class of bores.
| (4) | Notice of such an order must be published in: | |||
|
Water Legislation Amendment Act 1997 No 128
| Amendment of Water Act 1912 | Schedule 1 |
The notice must specify the date (being the date of publication in the Gazette or a later date) on and from which the order has effect.
A person must not take or use water from a bore to which such an order relates contrary to the terms of the order.,
Maximum penalty: 200 penalty units (in the case of a corporation) and 100 penalty units (in any other case). In the case of a bore with respect to which there is a water allocation, the water allocation is taken to be reduced, during the period for which the order is in force, in accordance with the terms of the order.
Evidence that water has been taken from a bore is evidence that the water has been taken by the licensee of that bore.
117F Allocation of surplus
| (1) | If the Ministerial Corporation is satisfied that the whole or any part of a sub-surface water basin (referred to in this section as a water surplus zone) is likely to have more water available than is sufficient to meet: | |||
| ||||
| it may, by order, increase the water allocation for any licensee in that zone for the period for which the order is in force. | ||||
| (2) | Such an order may relate to: | |||
| ||||
| (c) all bores, or | ||||
|
(i) a specified bore, or
(ii) a specified class of bores.
Water Legislation Amendment Act 1997 No 128
| Schedule 1 | Amendment of Water Act 1912 |
Notice of such an order must be published in:
| (a) | the Gazette, and |
| (b) | a newspaper circulating in the district in which the water surplus zone is situated. |
The notice must specify the date (being the date of publication in the Gazette or a later date) on and from which the order has effect.
The licensee's water allocation is taken to be increased, during the period for which the order is in force, in accordance with the terms of the order.
117G Borrowing and carrying over
| (1) | The Ministerial Corporation may, at the written request of a licensee, vary the licensee's water allocations for the current year and the following year so as to allow the licensee: | |||
| ||||
| and the licensee's water allocations for those years are taken to be varied accordingly. | ||||
| The Ministerial Corporation may, at the request of a licensee, vary the licensee's water allocations for the current year and the previous year so as to allow the licensee to use during the current year the whole or any part of the unused portion of the licensee's water allocation for the previous year, and the licensee's water allocations for those years are taken to be varied accordingly. | ||||
| (3) | In this section, unused portion, in relation to a water allocation, means such part of the water allocation as has not been used during the year to which it relates. |
Water Legislation Amendment Act 1997 No 128
| Amendment of Water Act 1912 | Schedule 1 |
117H Cancellation and suspension of licences
The Ministerial Corporation may cancel or suspend a licence if it is satisfied that the licensee has failed to comply with:
| (a) | any limitation or condition of the licence, or |
| (b) | any requirement imposed by or under this Part, |
whether or not the licensee has been prosecuted or convicted for an offence arising out of that failure to comply.
Before taking any action under this section, the
Ministerial Corporation:
| (a) | must cause written notice of the proposed action to be given to the licensee, and |
| (b) | must give the licensee a reasonable opportunity to make written submissions to the Ministerial Corporation with respect to the proposed action, and |
| (c) | must have regard to any submission that is duly made. |
117I Offences
Any person:
| (a) | who alters a licensed bore (otherwise than to make repairs or alterations necessary for the maintenance of the bore), or |
| (b) | who takes or uses water from an unlicensed bore, or |
| (c) | who takes or uses water from a licensed bore while the licence is suspended, or |
| (d) | who takes or uses water from a licensed bore otherwise than in accordance with the conditions of the licence and the provisions of this Part, |
is guilty of an offence.
Maximum penalty: 200 penalty units (in the case of a corporation) and 100 penalty units (in any other case).
Water Legislation Amendment Act 1997 No 128
| Schedule 1 | Amendment of Water Act 1912 |
117J Transfer of water allocations
This section applies only to such sub-surface water basins (or parts of sub-surface water basins) as the Ministerial Corporation has determined to be subject to this section.
The holder of a licence (the transferor) may, with the approval of the Ministerial Corporation, transfer the whole or part of the water allocation for the licence to any other person (the transferee), whether or not the transferee is the holder of another licence at the time the application for approval of the transfer is made.
Any such transfer:
| (a) | may be a temporary transfer for such period as may be determined by the Ministerial Corporation, after which time the transferred water allocation reverts to the transferor, or |
| (b) | may be a permanent transfer, in which case the transferor's rights to take and use the water concerned are cancelled on completion of the transfer. |
An application for the Ministerial Corporation's approval may be made by the transferor and transferee in the form approved by the Ministerial Corporation.
An application must be accompanied by the following:
| (a) | such application fee as is determined by the Ministerial Corporation either generally or in a particular case, and |
| (b) | such information and consents as the Ministerial Corporation may require. |
The Ministerial Corporation may approve the transfer, or application for a transfer:
it may refuse to approve the transfer.
| (a) | require the transferor to provide such information and consents, and |
| (b) | require the transferee to provide such information and evidence, |
as are specified by the Ministerial Corporation.
Water Legislation Amendment Act 1997 No 128
| Amendment of Water Act 1912 | Schedule 1 |
A requirement under subsection (7) may be complied with in any manner acceptable to the Ministerial Corporation, but the Ministerial Corporation may decline to proceed with consideration of the application until the requirement is complied with.
In determining whether or not to approve a transfer, the Ministerial Corporation may take into consideration such matters as it thinks fit, including its opinion as to the social and economic effect that the transfer would have if approved.
If the Ministerial Corporation approves the transfer, it may give effect to the transfer in any one or more of the following ways:
| (a) | by making such adjustments with respect to the transferor's and transferee's water allocations as the Ministerial Corporation considers appropriate, |
| (b) | if the whole of the transferor's water allocation is being transferred, by cancelling the transferor's licence, |
| (c) | if the transferee does not hold a licence, by issuing a licence to the transferee in accordance with this Part and including the transferred water allocation in the conditions of the licence. |
The Ministerial Corporation may, in approving a transfer under this section, impose such conditions in relation to the transfer as the Ministerial Corporation thinks fit to impose.
117K Sale of land pending transfer of water allocation
| (1) | This section applies to land in respect of which a transfer of water allocation under section 117J has been approved but has yet to take effect. | |||
| (2) | Despite section 117, the sale of land to which this section applies: | |||
|
Water Legislation Amendment Act 1997 No 128
| Schedule 1 | Amendment of Water Act 1912 |
Section 118 Penalty for alterations of licensed bore or contravention of licence
Omit the section.
Section 121A Unlawful obstruction of sub-surface water
Omit “a direction” from section 121A (2).
Insert instead “an order”.
[18] Section 123 Waste of water
| Omit “direct” wherever occurring in section 123 (1). Insert instead “order”. |
[19] Section 123 (2)
Omit “direction” wherever occurring. Insert instead “order”.
[20] Section 123 (2)
Omit “, and in addition to the said penalty any licence issued under this Part in respect of such artesian well or bore may, by notice in the Gazette, be cancelled”.
[21] Part 9
Insert after Part 8:
| ||
| 187 Definitions |
| (1) | In this Part: |
| enforcement order means an order in force under section | |
| 192. |
Water Legislation Amendment Act 1997 No 128
| Amendment of Water Act 1912 | Schedule 1 |
lake has the same meaning as it has in Part 2. river has the same meaning as it has in Part 2. sub-surface water has the same meaning as it has in
Part 5.
sub-surface water basin has the same meaning as it has
in Part 5.
water management authority means a person or body
referred to in Schedule 3.
water management licence means a water management
licence granted under this Part.
water management work means:
| (a) | a work within the meaning of Part 2, or |
| (b) | a bore within the meaning of Part 5. |
water source means a river, lake or sub-surface water
basin.
| (2) | The Governor may by proclamation amend Schedule 3 | |||
| so as: | ||||
|
188 Water management licence
| (1 ) | The Ministerial Corporation: | |
| ||
| (b) on payment of the appropriate licence fee, may grant to the water management authority a water management licence. |
Water Legislation Amendment Act 1997 No 128
| Schedule 1 | Amendment of Water Act 1912 |
| (2) | The appropriate licence fee is to be determined by the Minister, having regard to the costs incurred by the Ministerial Corporation in dealing with the application for the licence. |
| (3) | Part 5 of the Environmental Planning and Assessment Act 1979 does not apply to or in respect of the first water management licence granted to a water management authority under this section. |
189 Conditions of water management licence
| (1) | A water management licence is subject to: | |||||
| ||||||
| (2) | In determining the conditions to be imposed on a water management licence, the Ministerial Corporation must have regard to any review that it has conducted under section 193. | |||||
| (3) | Before imposing any condition on a water management authority's water management licence, the Ministerial Corporation: | |||||
|
190 Duration of water management licence
| (1) | A water management licence has effect for: | |
|
Water Legislation Amendment Act 1997 No 128
| Amendment of Water Act 1912 | Schedule 1 |
| (b) | if that period is extended under this section, for that extended period. |
| (2) | At the end of each 5 year period following the date on which its current water management licence was granted, a water management authority may apply to the Ministerial Corporation for an extension of the period of the licence for a further 5 years. |
| (3) | In determining whether or not to grant such an extension, the Ministerial Corporation must have regard to the review that it has conducted under section 193 in relation to that 5 year period. |
191 Effect of water management licence
A water management licence authorises its holder:
| (a) to take and use water from any water source, and subject to the conditions of the licence and the provisions of this Part. | (b) | to construct or use a water management work, |
192 Enforcement order
| (1) | For the purpose of ensuring that a water management authority complies with the conditions of its water management licence, the Ministerial Corporation may from time to time give a written order (an enforcement |
| order) directing the authority to do, or to cease doing, | |
| such things as are specified in the order. | |
| (2) | On the application of the Ministerial Corporation, the Land and Environment Court may direct a water management authority to comply with an enforcement order. |
193 Review of water management licence
| (1) | The activities of a licensed water management authority: | |
|
Water Legislation Amendment Act 1997 No 128
| Schedule 1 | Amendment of Water Act 1912 |
| (b) | must be reviewed: | |||
|
| (2) | For the purpose of conducting such a review, the Ministerial Corporation must cause notice to be published: | |||
| ||||
| inviting written submissions from interested persons in relation to the activities of the holder of the licence during the period under review. |
194 Water management charges
| (1) | A water management authority is liable to pay water management charges to the Ministerial Corporation. | |||||||
| (2) | The charges so payable are to be fixed by the Ministerial Corporation, having regard to the Ministerial Corporation's costs in relation to: | |||||||
|
Water Legislation Amendment Act 1997 No 128
| Amendment of Water Act 1912 | Schedule 1 |
195 Offences with respect to water management licences
| (1) | A water management authority that uses a water management work that is not the subject of a water management licence is guilty of an offence. |
| Maximum penalty: 200 penalty units. | |
| (2) | A water management authority does not commit an offence under this section with respect to anything authorised by or under Part 2 or 5. |
196 Evidence
A certificate that is issued by the Director-General of the Department of Land and Water Conservation and that states that, on a date or during a period specified in the certificate:
| (a) | a specified water management licence was or was not in force, or |
| (b) | a specified water management licence was or was not subject to specified conditions, or |
| (c ) | a specified water management work was or was not the subject of a specified water management licence, |
is admissible in any legal proceedings and is evidence of
the fact or facts so stated.
197 Directions for remedial work
| (1) | The Ministerial Corporation may, by order in writing, direct a water management authority to take such action as is specified in the order: | |||||
|
Water Legislation Amendment Act 1997 No 128
| Schedule 1 | Amendment of Water Act 1912 |
| (2) | If the water management authority fails to take any action so directed, the Ministerial Corporation may authorise any other person to take that action on behalf of the Ministerial Corporation. |
| (3) | A person so authorised has and may exercise such of the functions of the water management authority as are necessary to enable the person to take that action. |
| (4) | The amount of any costs and expenses incurred by the Ministerial Corporation as a result of action taken as referred to in subsection (2) is recoverable in a court of competent jurisdiction as a debt due to the Ministerial Corporation from the water management authority. |
198 Civil penalties
| (1) | If satisfied that a water management authority: | |||||
| ||||||
| the Ministerial Corporation may order the authority to pay to the Ministerial Corporation a penalty not exceeding $500,000 and, in the case of a continuing offence, a further penalty not exceeding $20,000 for each day for which the contravention continues. | ||||||
| (2) | Before making an order under this section, the Ministerial Corporation: | |||||
|
Water Legislation Amendment Act 1997 No 128
| Amendment of Water Act 1912 | Schedule 1 |
199 Appeals
| (1) | A water management authority may appeal to the Land and Environment Court against the following decisions: | |||||||||
| ||||||||||
| (2) | The lodging of an appeal does not operate to stay action on the decision appealed against, except to the extent to which the Land and Environment Court otherwise directs. |
200 Compensation for lo ss of certain water rights
This section applies to any holder of a licence under Part 2 where, as a result of a water management authority's failure to comply with a direction under section 192 (2), water that would otherwise be available to the licensee becomes unavailable.
A person to whom this section applies may recover from the water management authority the amount of any loss or damage suffered by the person as a result of the water management authority's failure to comply with the enforcement order.
An action under this section may be commenced at any time within 3 years after the date on which the failure to comply with the enforcement order occurred and may not be commenced after that period.
Water Legislation Amendment Act 1997 No 128
| Schedule 1 | Amendment of Water Act 1912 |
201 Regulations
The Governor may make regulations, not inconsistent with this Part, for or with respect to any matter that by this Part is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Part.
202 Part to bind Crown
This Part binds the Crown, not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.
203 Exclusion of certain matters
This Part does not apply to or in respect o f
| (a) | the taking or using of water from any water source within the Snowy water catchment (within the meaning of the Snowy Hydro Corporatisation Act |
1997), or
| (b) | the construction or use of any water management work within that catchment. |
Schedule 2 Savings and transitional provisions
Insert at the end of clause 1 (1):
Water Legislation Amendment Act 1997
Schedule 2
Insert after Part 3:
| Part 4 | Provisions consequent on enactment of Water Legislation Amendment Act 1997 |
7 D efin itions
In this Part, amending Act means the Water Legislation
Amendment Act 1997.
Water LegislationAmendment Act 1997 No 128
| Amendment of Water Act 1912 | Schedule 1 |
8 Application of Part 2 amendments to existing
applications
An amendment to section 20AI made by the amending Act applies to applications made under that section before the commencement of the amendment in the same way as it applies to applications made under that section after that commencement.
9 Application of Part 5 amendments to existing licences
An amendment to Part 5 made by the amending Act applies to licences issued under that Part before the commencement of the amendment in the same way as it applies to licences issued under that Part after that commencement.
10 Existing notices and directions taken to be orders
| (1) | Any notice that was in force under section 117A immediately before the commencement of Schedule 1 [9] to the amending Act is taken to be an order under that section. |
| (2) | Any direction that was in force under section 121A immediately before the commencement of Schedule |
| 1 [17] to the amending Act is taken to be an order under that section. | |
| (3) | Any direction that was in force under section 123 immediately before the commencement of Schedule |
| 1 [18] to the amending Act is taken to be an order under that section. |
11 Part 9 licences for Sydney and Hunter Water
Corporations
| (1) | On the commencement of this clause, an application is taken to have been made by Sydney Water Corporation Limited for the grant of a water management licence under Part 9 for all water management works owned or operated by it immediately before that commencement. |
Water Legislation Amendment Act 1997 No 128
| Schedule 1 | Amendment of Water Act 1912 |
| (2) | On the commencement of this clause, an application is taken to have been made by Hunter Water Corporation Limited for the grant of a water management licence under Part 9 for all water management works owned or operated by it immediately before that commencement. |
| (3) | Part 9 applies to an application that is taken to have been made, as referred to in subclauses (1) and (2), in the same way as it applies to an application referred to in section 188. |
[24] Schedule 3
Insert after Schedule 2:
|
(Section 187)
Sydney Water Corporation Limited Hunter Water Corporation Limited
Water Legislation Amendment Act 1997 No 128
| Amendment of other Acts | Schedule 2 |
| Schedule 2 | Amendment of other Acts |
(Section 4)
| 2.1 | Hunter Water Board (Corporatisation) Act 1991 No 53 |
| Section 12 Grant of operating licence | |
| Omit section 12 (2) and (3). Insert instead: |
| (2) | Except to the extent to which this Act expressly provides, nothing in an operating licence limits the requirements imposed by or under any other Act or law with respect to the provision, construction, operation, management or maintenance of any system or service referred to in subsection (1). |
| 2.2 | Land and Environment Court Act 1979 No 204 |
| Section 19 Class 3-land tenure, valuation, rating and compensation matters | |
| Insert after section 19 (e): |
| (e1) | appeals under section 199 of the Water Act 1912, |
| 2.3 | Rivers and Foreshores Improvement Act 1948 No 20 |
| [ 1 ] | Section 22C Grant etc of permit |
| Insert after section 22C (4): |
| (5) | The conditions subject to which a permit is granted under this section may include conditions relating to the protection of the environment. |
Water Legislation Amendment Act 1997 No 128
| Schedule 2 | Amendment of other Acts |
[2] Section 22L Appeal to Land and Environment Court
Insert after section 22L (2):
| (3) | The Land and Environment Court is required, in carrying out its appeal functions under this section and in making any determination with respect to any such appeal, to take into account, and to have due regard to, the following matters: | |||
| ||||
| (4) | In this section, relevant policy means any governmental policy relating to the management, protection and enhancement of the State's rivers and foreshores. The Minister may certify, in writing, that a particular policy is, or was, a relevant policy in relation to a particular matter. The certificate is evidence of the relevant policy concerned. |
| 2.4 | Water Administration Act 1986 No 195 |
| [1] | Section 3 Definitions |
| Insert in alphabetical order in section 3 (1): |
principles of ecologically sustainable development
means the principles of ecologically sustainable development described in section 6 (2) of the Protection
of the Environment Administration Act 1991.
Water Legislation Amendment Act 1997 No 128
| Amendment of other Acts | Schedule 2 |
[2] Section 11 Functions of the Ministerial Corporation
Insert after section 11 (1):
| (1A) | In exercising its functions under this or any other Act or law, the Ministerial Corporation must have regard to the following matters: | |||||
|
development,
| (b) | the need to encourage and support sustainable water use practices, |
| (c) | the need to integrate the management of water resources with the management of other natural resources, |
| (d) | the need to encourage co-operation between Government and the community in the management of water and other natural resources, |
| (e) | the need to develop and implement integrated State, catchment area and sub-catchment area approaches to the management of water and other natural resources, |
| (f) | the need to consider the cumulative impact of its decisions on water and water systems and related natural resources, |
| (g) | the social and economic impact on affected communities. |
[3] Section 15A Water management charges payable by metropolitan water corporations
Omit the section.
Water Legislation Amendment Act 1997 No 128
| Schedule 2 | Amendment of other Acts |
| 2.5 | Water Board (Corporatisation) Act 1994 No 88 |
| Section 12 Grant of operating licences | |
| Omit section 12 (3)-(6). Insert instead: |
| (3) | Except to the extent to which this Act expressly provides, nothing in an operating licence limits the requirements imposed by or under any other Act or law with respect to the provision, construction, operation, management or maintenance of any system or service referred to in subsection (1). |
| 2.6 | Water Supply Authorities Act 1987 No 140 |
| Section 11 Exercise of right of Ministerial Corporation | |
| Omit the section. |
[Minister's second reading speech made in—
Legislative Assembly on 22 October 1997
Legislative Council on 26 November 1997]
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