Water Management Act 2000 (NSW)
Sch 8.30 [2] to this Act (not commenced)
Central Coast Water Corporation Act 2006 No 105 (amended by Statute Law (Miscellaneous Provisions) Act 2009 No 56 and Central Coast Water Corporation Amendment Act 2010 No 89), Sch 7.2 [1] [2] and [4] (not commenced)
Water Management Amendment Act 2018 No 31, Sch 1 [26] [32] [37] [55] [71] [72] [77] [82] [83] and [84], to the extent that it inserts sec 399A (not commenced)
Water Management Amendment (Water Access Licence Register Reform) Act 2024 No 69, Sch 1[3]–[6] and [8] (not commenced)
Sch 13A.1[1]–[5] and Schs 13A.2–13A.6 to this Act (not commenced)
Local Court and Bail Legislation Amendment Act 2025 No 61, Sch 2.91 (not commenced)
Water Management Legislation Amendment (Stronger Enforcement and Penalties) Bill 2025
Water Management Amendment (Register of State and Commonwealth Water Access Licences) Bill 2025 [Non-government Bill— Mrs H J Dalton, MP]
Environmental Planning and Assessment Amendment (Planning System Reforms) Bill 2025
Environment and Water Legislation Amendment Bill 2025
An Act to provide for the protection, conservation and ecologically sustainable development of the water sources of the State, and for other purposes.
This Act is the Water Management Act 2000.
This Act commences on a day or days to be appointed by proclamation.
Different days may be appointed for the commencement of a single provision of Schedule 7 or 8 for the purpose of commencing the repeals or amendments effected by the provision on different days.
Schedule 13A commences on a day or days to be appointed by proclamation.
The objects of this Act are to provide for the sustainable and integrated management of the water sources of the State for the benefit of both present and future generations and, in particular—
(a) to apply the principles of ecologically sustainable development, and
(b) to protect, enhance and restore water sources, their associated ecosystems, ecological processes and biological diversity and their water quality, and
(c) to recognise and foster the significant social and economic benefits to the State that result from the sustainable and efficient use of water, including—
(i) benefits to the environment, and
(ii) benefits to urban communities, agriculture, fisheries, industry and recreation, and
(iii) benefits to culture and heritage, and
(iv) benefits to the Aboriginal people in relation to their spiritual, social, customary and economic use of land and water,
(d) to recognise the role of the community, as a partner with government, in resolving issues relating to the management of water sources,
(e) to provide for the orderly, efficient and equitable sharing of water from water sources,
(f) to integrate the management of water sources with the management of other aspects of the environment, including the land, its soil, its native vegetation and its native fauna,
(g) to encourage the sharing of responsibility for the sustainable and efficient use of water between the Government and water users,
(h) to encourage best practice in the management and use of water.
Words and expressions that are defined in the Dictionary at the end of this Act have the meanings set out in that Dictionary.
A word or expression (not being a word or expression defined in the Dictionary to this Act) that is used in this Act and that is defined in the Real Property Act 1900 has the same meaning in this Act in relation to an access licence (or holding in an access licence) or dealing in such a licence (or holding) as it has in that Act in relation to land or an estate or interest in land.
Subsection (1A) applies except in so far as the context or subject-matter otherwise indicates or requires.
Notes in the text of this Act do not form part of this Act.
In this Act,
(a) rain or any other kinds of precipitation, or
(b) rising to the surface from underground, or
(c) any other process or action of a kind prescribed by the regulations.
Water is flowing over the ground for the purposes of subsection (1) even if it flows over the ground by means of artificial structures such as roads, canals or road gutters.
However, subsection (1) does not include—
(a) water that is collected from a roof (including water collected from a roof using a rainwater tank), or
(b) water that is flowing over or lying on the bed of a river, lake or estuary, or
(c) water flowing over or lying on the ground in such circumstances as may be prescribed by the regulations.
The principles set out in this section are the water management principles of this Act.
Generally—
(a) water sources, floodplains and dependent ecosystems (including groundwater and wetlands) should be protected and restored and, where possible, land should not be degraded, and
(b) habitats, animals and plants that benefit from water or are potentially affected by managed activities should be protected and (in the case of habitats) restored, and
(c) the water quality of all water sources should be protected and, wherever possible, enhanced, and
(d) the cumulative impacts of water management licences and approvals and other activities on water sources and their dependent ecosystems, should be considered and minimised, and
(e) geographical and other features of Aboriginal significance should be protected, and
(f) geographical and other features of major cultural, heritage or spiritual significance should be protected, and
(g) the social and economic benefits to the community should be maximised, and
(h) the principles of adaptive management should be applied, which should be responsive to monitoring and improvements in understanding of ecological water requirements.
In relation to water sharing—
(a) sharing of water from a water source must protect the water source and its dependent ecosystems, and
(b) sharing of water from a water source must protect basic landholder rights, and
(c) sharing or extraction of water under any other right must not prejudice the principles set out in paragraphs (a) and (b).
In relation to water use—
(a) water use should avoid or minimise land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity and, where possible, land should be rehabilitated, and
(b) water use should be consistent with the maintenance of productivity of land in the long term and should maximise the social and economic benefits to the community, and
(c) the impacts of water use on other water users should be avoided or minimised.
In relation to drainage management—
(a) drainage activities should avoid or minimise land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity and, where possible, land should be rehabilitated, and
(b) the impacts of drainage activities on other water users should be avoided or minimised.
In relation to floodplain management—
(a) floodplain management must avoid or minimise land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity and, where possible, land must be rehabilitated, and
(b) the impacts of flood works on other water users should be avoided or minimised, and
(c) the existing and future risk to human life and property arising from occupation of floodplains must be minimised.
In relation to controlled activities—
(a) the carrying out of controlled activities must avoid or minimise land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity and, where possible, land must be rehabilitated, and
(b) the impacts of the carrying out of controlled activities on other water users must be avoided or minimised.
In relation to aquifer interference activities—
(a) the carrying out of aquifer interference activities must avoid or minimise land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity and, where possible, land must be rehabilitated, and
(b) the impacts of the carrying out of aquifer interference activities on other water users must be avoided or minimised.
The Governor may, by order published in the Gazette, establish a State Water Management Outcomes Plan for the development, conservation, management and control of the State’s water resources in furtherance of the objects of this Act.
The objects of a State Water Management Outcomes Plan are as follows—
(a) to set the over-arching policy context, targets and strategic outcomes for the management of the State’s water sources, having regard to—
(i) relevant environmental, social and economic considerations, and
(ii) the results of any relevant monitoring programs,
(b) to promote the water management principles established by this Act,
(c) to give effect to any State government policy statement in relation to salinity strategies.
The State Water Management Outcomes Plan must be consistent with—
(a) government obligations arising under any inter-governmental agreement to which the government is a party, such as the Murray-Darling Basin Agreement set out in Schedule 1 to the Water Act 2007 of the Commonwealth, and
(b) government obligations arising in connection with any international agreement to which the government of the Commonwealth is a party, and
(c) State government policy, including State government policy in relation to the environmental objectives for water quality and river flow.
For the purposes of this section,
The regulations may make provision for or with respect to the public consultation procedures to be complied with in relation to the establishment or amendment of a State Water Management Outcomes Plan.
A State Water Management Outcomes Plan has effect for the period of 5 years commencing on the date on which it is published in the Gazette.
The Minister may, by order published in the Gazette, classify water sources for the purposes of this Act.
Such an order may only be made with the concurrence of the Minister for the Environment.
Water sources are to be classified as follows—
(a) as to the extent to which they are at risk (that is, the extent to which harm to the water source or its dependent ecosystems is likely to occur),
(b) as to the extent to which they are subject to stress (that is, the extent to which harm to the water source or its dependent ecosystems has occurred or is occurring),
(c) as to the extent of their conservation value (that is, the extent to which their intrinsic value merits protection from risk and stress).
It is the intention of Parliament that, within 12 months after the date of assent to this Act—
(a) the water sources of the State be classified in accordance with this section, and
(b) bulk access regimes be established for such of those water sources as are classified high risk, high stress or high conservation value.
A bulk access regime referred to in subsection (4) (b) is to be established by means of a Minister’s plan made, in the case of a water source that is within a water management area for which a management committee has been established, in consultation with that committee.
A bulk access regime referred to in subsection (4) (b) has effect for 10 years from the date on which it is established, but may be varied under section 45 as if it had been established by a management plan, in which case section 87 applies accordingly.
The regulations may prescribe rules in accordance with which water sources are to be classified for the purposes of this Act.
For the purposes of this Act,
(a) water that is committed by management plans for fundamental ecosystem health or other specified environmental purposes, either generally or at specified times or in specified circumstances, and that cannot to the extent committed be taken or used for any other purpose (
planned environmental water ),(b) water (
licensed environmental water ) that is—(i) committed by an adaptive environmental water condition under section 8B, 8C, 8D or 63B, or
(ii) taken or permitted to be taken under a licence of an environmental subcategory, or
(iii) taken or permitted to be taken under a licence of a class prescribed by the regulations for the purposes of this paragraph.
A management plan is to commit water as planned environmental water in at least 2 of the following ways (whether by 2 separate ways or a combination of 2 ways)—
(a) by reference to the commitment of the physical presence of water in the water source,
(b) by reference to the long-term average annual commitment of water as planned environmental water,
(c) by reference to the water that is not committed after the commitments to basic landholder rights and for sharing and extraction under any other rights have been met.
A management plan must contain provisions for the identification, establishment and maintenance of planned environmental water (
Environmental water rules are to be established for all of the water sources in the State as soon as practicable after the commencement of this section.
(Repealed)
The Minister may cancel any category or subcategory of licence prescribed by the regulations that is held by the Minister and commit an equivalent amount of water as determined in accordance with the management plan as planned environmental water for the water source to which the licence related.
Planned environmental water committed under this section is to be used for only those purposes specified in the relevant management plan.
Sections 78, 78A and 87 do not apply to the cancellation of an access licence under this section.
The holder of an access licence may request that the Minister impose an adaptive environmental water condition in respect of the whole or a part of the access licence.
A condition imposed under this section may be amended, and is to be revoked, by the Minister at the request in writing of the holder of the access licence, except as provided by the regulations.
The Minister may grant an access licence of a category or subcategory determined by the Minister to the Minister, Local Land Services or another public body, without the need for an application to be made for the licence in accordance with Part 2 of Chapter 3, so long as—
(a) works or other actions result in water savings in the system being made in the water source in respect of which the licence is granted, and
(b) the share component of the licence is equivalent to the value of water savings in the system made, and
(c) an adaptive environmental water condition is imposed on the licence.
In this section,
The Minister may keep an access licence surrendered by the holder of the licence or transfer it to Local Land Services or another public body, and may change the licence to a different category or subcategory, if—
(a) the share component of the licence is equivalent to the share component of the surrendered licence (subject to the application of any conversion factor prescribed by the access licence dealing principles or the regulations), and
(b) an adaptive environmental water condition is or has been imposed on the licence.
The Minister may cancel an access licence surrendered by the holder of the licence and transfer the share component of the surrendered licence (subject to the application of any conversion factor prescribed by the access licence dealing principles or the regulations) to another licence if an adaptive environmental water condition is or has been imposed on the licence.
This section applies to access licences that are subject to an adaptive environmental water condition.
For the purposes of this Act (but subject to section 8B (2)), an adaptive environmental water condition is a mandatory condition.
The terms of an adaptive environmental water condition imposed in respect of an access licence are to further the objectives of the relevant management plan.
If the adaptive environmental water condition on an access licence requires the water to be left in the water source for environmental purposes, then the water allocation account is to be debited when the water is available in accordance with the condition.
If the adaptive environmental water condition requires the environmental water to be taken from the water source then the water allocation account is to be debited when it is taken.
(Repealed)
Before imposing an adaptive environmental water condition on an access licence, the Minister is to approve a plan for the implementation of the condition.
The Minister is to ensure that the plan referred to in subsection (7), and a requirement to comply with the plan, forms part of the adaptive environmental water condition.
An access licence to which this section applies, or a part of such a licence to which the adaptive environmental water condition concerned is expressed to relate, may be the subject of a dealing in accordance with this Act if the plan approved under subsection (7) so provides.
This section applies for the purpose of auditing compliance with the long-term extraction limit (however expressed) under a management plan.
The long-term extraction limit is taken to be varied by the amount of any change to the amount of water committed as licensed environmental water.
The variation in the long-term extraction limit is to be determined in accordance with a methodology approved by the Minister and published in the Gazette.
To avoid doubt, water savings in a system (within the meaning of section 8C) are not to be taken into account when determining the variation.
Water committed as licensed environmental water is not to be accounted for as extraction.
It is the duty of all persons exercising functions under this Act—
(a) to take all reasonable steps to do so in accordance with, and so as to promote, the water management principles of this Act, and
(b) as between the principles for water sharing set out in section 5 (3), to give priority to those principles in the order in which they are set out in that subsection.
It is the duty of all persons involved in the administration of this Act to exercise their functions under this Act in a manner that gives effect to the State Water Management Outcomes Plan.
The Minister is to ensure that the work and activities of the Department are reviewed at intervals of not more than 5 years for the purpose of determining whether they have been effective in giving effect to the water management principles of this Act and the State Water Management Outcomes Plan.
The results of each review under this section are to be included in the relevant annual reporting information prepared for the Department under the Government Sector Finance Act 2018.
The Minister may, by order published in the Gazette, constitute any land as a water management area.
An order under this section must name the area and fix its boundaries.
The Minister may, by order published in the Gazette—
(a) establish a management committee to carry out a specific task in relation to water management in a water management area, and
(b) set terms of reference in accordance with which the committee is to carry out that task.
The task for which a management committee is appointed may relate to any aspect of water management, including (without limitation) water sharing, water source protection, floodplain management and drainage management.
At any time the Minister may, by order published in the Gazette, abolish a management committee, and may do so whether or not it has completed the task for which it was established.
Nothing in this section prevents the establishment of two or more committees for the same water management area so long as they do not have overlapping functions.
A management committee consists of at least 12, but not more than 20, members appointed by the Minister, of whom—
(a) at least two are to be persons appointed to represent the interests of environmental protection groups, and
(b) at least two are to be persons appointed to represent the interests of water user groups, and
(c) at least two are to be persons appointed to represent the interests of local councils, and
(d) at least one is to be a person nominated by Local Land Services, and
(e) at least two are to be Aboriginal persons appointed to represent the interests of Aboriginal persons, and
(f) at least one is to be a member of staff of the Department, and
(g) at least one is to be a person nominated by the Minister for the Environment, and
(h) such other persons as are appointed to represent such interests as the Minister considers require representation, and
(i) one is to be a person (not being a member of staff of the Department) who is appointed as an independent chairperson for the committee.
The regulations may make provision with respect to qualifications for appointment as a member of a management committee.
The members appointed as referred to in subsection (1) (a)–(e) should, as far as practicable, be persons who reside within the water management area for which the management committee is being constituted.
Schedule 6 has effect with respect to the constitution and procedure of a management committee.
The principal function of a management committee is to carry out the task for which it is appointed.
The task for which a committee is appointed may include any one or more of the following—
(a) to prepare a draft management plan for the whole or any part of the management area or of the water sources in the area,
(b) to review a management plan that is in force in the water management area,
(c) to investigate such matters affecting the management of the water management area as the Minister refers to it for investigation,
(d) to report to the Minister on such matters affecting the management of the water management area as the Minister refers to it for report,
(e) to advise the Minister on such matters affecting the management of the water management area as the Minister refers to it for advice.
It is the duty of a management committee to exercise its functions consistently with the principles of ecologically sustainable development.
The Minister may, by the order by which a management committee is established or by a subsequent order in writing—
(a) direct the committee to prepare a draft management plan, and review any related implementation program, on any aspect of water management, including (but not limited to)—
(i) water sharing, and
(ii) water source protection, and
(iii) drainage management, and
(iv) floodplain management, and
(b) set terms of reference in accordance with which such a plan is to be prepared.
A management committee to which such an order is given is to prepare a draft management plan in accordance with the terms of reference specified in the order.
If the management committee fails to prepare a draft management plan in accordance with its terms of reference, the Minister may make a Minister’s plan under section 50 in respect of the matter.
(Repealed)
A management plan must be consistent with—
(a) the State Water Management Outcomes Plan, and
(b) any State environmental planning policy under the Environmental Planning and Assessment Act 1979, and
(c) any protection of the environment policy under the Protection of the Environment Operations Act 1997, and
(d) any regulation under the Water NSW Act 2014 or the Googong Dam Catchment Area Act 1975, and
(e) State government policy, including State government policy in relation to the environmental objectives for water quality and river flow.
For the purposes of this section,
A management plan may, in respect of a water management area or water source to which it applies, contain the following kinds of provisions—
(a) provisions with respect to the preservation and enhancement of the quality of water,
(b) provisions with respect to the kinds of monitoring and reporting requirements that should be imposed as conditions of approvals,
(b1) provisions with respect to the advertisement of applications for approvals,
(c) provisions with respect to the conditions to which access licences and approvals are to be subject,
(d) provisions indicating the circumstances in which, the matters in respect of which and the extent to which the management plan may be amended by the Minister during the period for which it is in force,
(e) provisions with respect to such other matters as may be authorised by the regulations.
In formulating a draft management plan, the management committee must have due regard to the socio-economic impacts of the proposals considered for inclusion in the draft plan.
In formulating a draft management plan, the management committee must also have due regard to the provisions of any relevant local strategic plan under the Local Land Services Act 2013.
Due regard may also be had, in the formulation of the plan’s proposals, to the effect within each water management area or water source to which the plan applies of activities occurring, or likely to occur, outside each such area or water source.
This Division applies to the provisions of a management plan to the extent to which they deal with water sharing.
The water sharing provisions of a management plan may apply to the whole or any part of a water management area, or to the whole or any part of one or more water sources within a water management area.
The water sharing provisions of a management plan for a water management area or water source must deal with the following matters—
(a) the establishment of environmental water rules for the area or water source,
(b) the identification of requirements for water within the area, or from the water source, to satisfy basic landholder rights,
(c) the identification of requirements for water for extraction under access licences,
(d) the establishment of access licence dealing rules for the area or water source,
(e) the establishment of a bulk access regime for the extraction of water under access licences, having regard to the rules referred to in paragraphs (a) and (d) and the requirements referred to in paragraphs (b) and (c).
The bulk access regime referred to in subsection (1) (e)—
(a) must recognise and be consistent with any limits to the availability of water that are set (whether by the relevant management plan or otherwise) in relation to the water sources to which the regime relates, and
(b) must establish rules according to which access licences are to be granted and managed and available water determinations to be made, and
(c) must recognise the effect of climatic variability on the availability of water, and
(d) may establish rules with respect to the priorities according to which water allocations are to be adjusted as a consequence of any reduction in the availability of water, and
(e) may contain provisions with respect to the conditions that must (as mandatory conditions) be imposed on access licences under section 66 (1), including conditions providing for the variation, from time to time, of the share and extraction components of access licences, and
(f) must be consistent with the water management principles.
The rules referred to in subsection (2) (d) must comply with the priorities established under section 58.
The access licence dealing rules established under subsection (1) (d)—
(a) must comply with the access licence dealing principles, and
(b) must not deal with any matter for which the access licence dealing principles may make provision under section 71Z (2), and
(c) subject to paragraph (b) and the access licence dealing principles, may regulate or prohibit any dealing under Division 4 of Part 2 of Chapter 3.
The water sharing planning provisions of a management plan for a water management area or water source may also deal with the following matters—
(a) the rates, times and circumstances under which water may be taken from any water source in the area, or the quantity of water that may be taken from any water source in the area or delivered through the area,
(b) the kinds of water supply works that may be constructed and used in the area,
(c) the operation of water accounts for the area or water source, such as the carrying over of credits from one accounting period to the next, the maximum credit that may be allowed to accumulate in any account and the withdrawal of water from any account by reason of evaporation or dam spill or in such other circumstances as may be prescribed by the regulations,
(d) water sharing measures for the protection and enhancement of the quality of water in the water sources in the area or for the restoration or rehabilitation of water sources or their dependent ecosystems,
(e) measures to give effect to the water management principles and the objects of this Act,
(e1) measures, not inconsistent with this Act, that are necessary because of requirements arising under the Water Act 2007 of the Commonwealth,
(f) such other matters as are prescribed by the regulations.
This Division applies to the provisions of a management plan to the extent to which they deal with water use.
The water use provisions of a management plan may apply to the whole or any part of a water management area.
The water use provisions of a management plan for a water management area must deal with the following matters—
(a) the identification of existing and potential water use practices and related activities,
(b) the identification of those uses and activities which have adverse impacts, including cumulative impact, on water sources or their dependent ecosystems or on other water users,
(c) the identification of the occurrence of land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity within the area and any impacts on water sources.
The water use provisions of a management plan for a water management area may also deal with the following matters—
(a) best practice for water conservation, water efficiency and total water cycle management,
(b) prevention of off-site impacts of water use,
(c) requirements for the restoration or rehabilitation of land or water sources or their dependent ecosystems,
(d) protection of the habitats or pathways of animals and plants,
(e) the preservation and enhancement of the quality of water of the water sources in the area affected by water use and related practices,
(f) structural or operational modifications for existing works,
(g) other measures to give effect to the water management principles and the objects of this Act,
(h) such other matters as are prescribed by the regulations.
This Division applies to the provisions of a management plan to the extent to which they deal with drainage management.
The drainage management provisions of a management plan may apply to the whole or any part of a water management area.
The drainage management provisions of a management plan for a water management area must deal with the following matters—
(a) the identification of the existing and natural hydrological regimes in the area,
(b) the identification of existing drainage works in the area and the way they are managed,
(c) the ecological impacts and impacts on water quality, including cumulative impacts, of the drainage works in the area.
The drainage management provisions of a management plan for a water management area may also deal with the following matters—
(a) proposals for the construction of new drainage works,
(b) the modification or removal of existing drainage works,
(c) restoration or rehabilitation of land, habitats, water sources or their dependent ecosystems,
(d) the preservation and enhancement of the quality of water of the water sources in the area affected by drainage management,
(e) other measures to give effect to the water management principles and the objects of this Act,
(f) such other matters as are prescribed by the regulations.
This Division applies to the provisions of a management plan to the extent to which they deal with floodplain management.
The floodplain management provisions of a management plan may apply to the whole or any part of a water management area.
The floodplain management provisions of a management plan for a water management area must deal with the following matters—
(a) identification of the existing and natural flooding regimes in the area, in terms of the frequency, duration, nature and extent of flooding,
(b) the identification of the ecological benefits of flooding in the area, with particular regard to wetlands and other floodplain ecosystems and groundwater recharge,
(c) the identification of existing flood works in the area and the way they are managed, their benefits in terms of the protection they give to life and property, and their ecological impacts, including cumulative impacts,
(d) the risk to life and property from the effects of flooding.
The floodplain management provisions of a management plan for a water management area may also deal with the following matters—
(a) proposals for the construction of new flood works,
(b) the modification or removal of existing flood works,
(c) restoration or rehabilitation of land, water sources or their dependent ecosystems, in particular in relation to the following—
(i) the passage, flow and distribution of floodwater,
(ii) existing dominant floodways and exits from floodways,
(iii) rates of flow, floodwater levels and duration of inundation,
(iv) downstream water flows,
(v) natural flood regimes, including spatial and temporal variability,
(d) the control of activities that may affect or be affected by the frequency, duration, nature or extent of flooding within the water management area,
(e) the preservation and enhancement of the quality of water in the water sources in the area during and after flooding,
(f) other measures to give effect to the water management principles and the objects of this Act,
(g) such other matters as are prescribed by the regulations.
This Division applies to the provisions of a management plan to the extent to which they deal with controlled activities and aquifer interference activities.
The controlled activity and aquifer interference activity provisions of a management plan may apply to the whole or any part of a water management area.
The controlled activity and aquifer interference activity planning provisions of a management plan for a water management area must deal with the following matters—
(a) identification of the nature of any controlled activities or aquifer interference causing impacts, including cumulative impacts, on water sources or their dependent ecosystems, and the extent of those impacts,
(b) specification of controlled activities or aquifer interferences which are to require controlled activity approvals or aquifer interference approvals in the area.
The controlled activity and aquifer interference activity provisions of a management plan for a water management area may also deal with the following matters—
(a) the undertaking of work for the purpose of restoring or rehabilitating a water source or its dependent ecosystems,
(b) protecting, restoring or rehabilitating the habitats or pathways of animals and plants,
(c) specific controls on activities causing unacceptable impacts,
(d) the preservation and enhancement of the quality of water in the water sources in the area affected by controlled activities or aquifer interference,
(e) other measures to give effect to the water management principles and the objects of this Act,
(f) such other matters as are prescribed by the regulations.
A management plan for a water management area, or any part of a water management area, may contain the following provisions (
(a) provisions identifying zones in which development should be controlled in order to minimise any harm to water sources in the area or to minimise any threat to the floodplain management provisions of the plan,
(b) provisions identifying development that should be controlled in any such zone,
(c) provisions identifying the manner in which any such development should be controlled in any such zone,
(d) provisions to which State agencies and local authorities (including local councils) should be subject when taking action and making decisions concerning any such development,
(e) provisions requiring development consent to the carrying out of any such development,
(f) provisions requiring the Minister’s concurrence to the granting of any such development consent,
(g) provisions requiring the establishment of action plans to encourage the abandonment of existing uses that cause harm to water sources, and to encourage the carrying out of remedial measures to minimise or alleviate any harm already caused to water sources by the continuance of existing uses.
In this section,
A management plan must include the following components—
(a) a vision statement,
(b) objectives consistent with the vision statement,
(c) strategies for reaching those objectives,
(d) performance indicators to measure the success of those strategies.
In the case of a water management area for which an equivalent management plan is already in force, the draft management plan may be in the form of—
(a) an amendment to the existing management plan, or
(b) a new plan to replace the existing management plan.
Subject to subsections (1) and (2), the format of a management plan is to be as determined by the Minister.
In preparing a draft management plan, the following information must be notified to each person or body referred to in subsection (2)—
(a) the general aims and objectives of the draft plan,
(b) a description of the water management area to which the draft plan is intended to apply,
(c) such other matters as the Minister thinks fit.
The persons and bodies to be notified are as follows—
(a) each local council within whose area the water management area is located,
(b) Local Land Services,
(c) each holder of an access licence or approval in respect of land within the water management area,
(d) such other persons or bodies as the Minister may determine in relation to the plan.
Failure to notify a person or body referred to in subsection (2) does not affect the validity of a management plan.
A person to whom information is notified under this section may make written submissions to the Minister in relation to the preparation of the draft management plan within 28 days (or such longer period as may be determined by the Minister) after the information is notified.
After a draft management plan has been prepared, including a draft management plan that has been referred back to it under this section, the management committee must submit the plan to the Minister.
If the Minister is of the opinion that the draft plan does not comply with the requirements of this Part, the Minister is to refer the draft plan back to the management committee for further consideration.
This section does not apply to a draft management plan prepared by the Minister.
Once the Minister is satisfied that a draft management plan is suitable for public exhibition, the Minister—
(a) must give public notice of the draft plan, and
(b) must exhibit the draft plan (together with such other information as is appropriate or necessary to enable the draft plan and its implications to be understood) at the places, on the dates and during the times set out in the notice.
The public notice referred to in subsection (1) (a)—
(a) must specify the places at which, the dates on which, and the times during which, the draft plan may be inspected by the public, and
(b) must specify a period of at least 40 days during which submissions may be made to the Minister in relation to the plan (the
submission period ), and(c) must be published in the authorised manner.
In the case of a draft management plan containing environmental protection provisions, the Minister must consult with the Minister for Urban Affairs and Planning before making a decision as to whether the plan is suitable for public exhibition.
During the submission period, any person may make written submissions to the Minister on the draft management plan.
The Minister must send a copy of each such submission to the management committee by which the plan was prepared.
Subsection (2) does not apply to a draft management plan prepared by the Minister.
As soon as practicable after completing its consideration of any submissions received by it, the management committee must resubmit the draft management plan to the Minister together with the committee’s comments on the submissions.
Before making any alterations to the draft management plan, the Minister must consult with the management committee.
This section does not apply to a draft management plan prepared by the Minister.
After complying with the requirements of this Part, the Minister—
(a) may, by order published on the NSW legislation website, make a management plan in accordance with the draft plan, as finally submitted to the Minister, or
(b) may, by order published on the NSW legislation website, make a management plan in accordance with the draft plan, as finally submitted to the Minister, but with such alterations as the Minister thinks fit, or
(c) may cause the draft management plan to be re-exhibited (with such alterations as the Minister thinks fit) and resubmitted in accordance with this Part, or
(d) may decide not to proceed with the draft management plan.
Before making a management plan, the Minister must obtain the concurrence of the Minister for the Environment to the making of the plan.
A management plan commences on the date on which it is published on the NSW legislation website or on such later date as may be specified in the plan.
A management plan may be amended by a subsequent management plan made in accordance with this Part.
This section does not limit the operation of Division 9.
Each management plan specified in Schedule 12 is amended as set out in that Schedule.
The amendment of a management plan by this or any other Act does not prevent its later amendment or repeal in accordance with this Act.
Subject to section 43A, a management plan has effect for—
(a) if the plan commenced on 1 July in any year—10 years commencing on that date, or
(b) in any other case—10 years commencing on 1 July next after the date the plan commenced.
In the 5 years before its expiry, the Minister is to review each management plan (other than provisions dealing with water sharing) for the purpose of ascertaining whether its provisions remain adequate and appropriate for ensuring the effective implementation of the water management principles.
Such a review is to be conducted in consultation with the Minister for the Environment and the Natural Resources Commission.
A new management plan may be made in accordance with this Act to replace an earlier management plan. Any such replacement plan may contain provisions of a savings or transitional nature consequent on the replacement of the plan.
The Minister may, on the recommendation of the Natural Resources Commission and by notice published in the Gazette before its expiry under section 43 or this section, extend a management plan that deals with water sharing for a further period of 10 years after the plan was due to expire.
More than one such extension of a management plan that deals with water sharing may be made.
Before deciding whether to extend a management plan that deals with water sharing or to make a new management plan, the Minister is to consider a report of the Natural Resources Commission that reviews (within the previous 5 years) the following—
(a) the extent to which the water sharing provisions have materially contributed to the achievement of, or the failure to achieve, environmental, social and economic outcomes,
(b) whether changes to those provisions are warranted.
If a report of the Natural Resources Commission under subsection (3) recommends changes to a management plan that will result in a reduction of water allocations in relation to which compensation might be payable under section 87AA, the Commission is to state in the report whether the purpose of the proposed changes is—
(a) to restore water to the environment because of natural reductions in inflow to the relevant water source, including but not limited to changes resulting from climate change, drought or bushfires, or
(b) to provide additional water to the environment because of more accurate scientific knowledge that demonstrates that the amount previously allocated to the environment is inadequate.
For the purposes of a report under subsection (3)—
(a) the Natural Resources Commission is to call for public submissions and to have regard to any duly received, and
(b) the Natural Resources Commission is to have regard to any other relevant State-wide and regional government policies or agreements that apply to the catchment management area.
A report of the Natural Resources Commission under subsection (3) is to be made public after the decision of the Minister with respect to the extension of the management plan or on the expiration of 6 months after the report is received by the Minister, whichever first occurs.
If the Minister decides not to extend a management plan under this section, the Minister may, by notice published in the Gazette, extend the existing management plan until the commencement of a replacement management plan or until the second anniversary of the date the plan would otherwise have expired, whichever first occurs.
The Minister is to ensure that a management plan is audited, within the first 5 years of the plan, for the purpose of ascertaining whether its provisions are being given effect to.
An audit under this section is to be carried out by the Natural Resources Commission.
In setting terms of reference for the preparation of a management plan to replace an existing management plan, the Minister must have regard to the results of the most recent audit conducted under this section in relation to the existing management plan.
The Minister may at any time, by order published on the NSW legislation website, amend a management plan—
(a) if satisfied it is in the public interest to do so, or
(b) in such circumstances, in relation to such matters and to such extent as the plan so provides, or
(c) if the amendment is required to give effect to a decision of the Land and Environment Court relating to the validity of the plan, or
(d) if satisfied that it is necessary to do so because of requirements arising under the Water Act 2007 of the Commonwealth.
(Repealed)
Before amending a management plan, the Minister must obtain the concurrence of the Minister for the Environment to the amendment.
The date of commencement of a management plan may, but the duration of a management plan may not, be extended by an amendment of the plan under this section.
The Minister may at any time, by order published on the NSW legislation website, repeal a management plan (other than a management plan that deals with water sharing).
The Minister may at any time, by order published on the NSW legislation website, repeal a management plan that deals with water sharing if satisfied that it is necessary to do so because of requirements arising under the Water Act 2007 of the Commonwealth.
The amendment or repeal of a management plan under this section takes effect on the date the order is published on the NSW legislation website or on a later date specified in the order.
An order under subsection (1) (a) varying a bulk access regime is not to be made in relation to a water management area for which a management committee for water sharing is constituted unless the Minister has consulted with the committee in relation to the proposed amendment.
A provision of a management plan that authorises the amendment of the plan in accordance with section 42 (2) of this Act is to be construed as a reference to an amendment authorised by subsection (1) (b).
The Minister may, by order published on NSW legislation website, consolidate 2 or more management plans by—
(a) repealing one or more management plans and amending another management plan to make provision with respect to the matters dealt with by the repealed plan or plans, or
(b) amending a management plan to make provision with respect to the matters dealt with by one or more other plans that have expired (or are to expire) by operation of section 43.
A consolidated management plan may contain provisions of a savings or transitional nature consequent on the consolidation.
The provisions of Division 9 (Compensation relating to access licences) of Part 2 of Chapter 3 in relation to the consolidation of management plans under this section have effect subject to the following—
(a) subject to paragraph (b), the consolidation of the management plans does not affect any right to compensation that the holder of an access licence would have had under section 87 or 87AA had the consolidation not occurred,
(b) the commencement of the 10-year period referred to in section 87AA (6) (b) in its application to an expired or repealed plan is to be calculated by reference to the 10-year period commencing on the date on which the expired or repealed plan was due to expire rather than the date on which the plan into which the provisions were consolidated ceases to be in force.
Section 45 does not limit the circumstances in which the Minister may repeal or amend a management plan under this section (including a management plan that deals with water sharing).
(Repealed)
If the Minister makes a replacement management plan or amends a management plan and the replacement plan or amendment will result in a reduction of water allocations in relation to which compensation might be payable under section 87AA, the Minister is to include in the order in which the replacement plan or amendment is made, or in another order, a statement as to whether—
(a) the purpose of the reduction to water allocations is to restore water to the environment because of natural reductions in inflow to the relevant water source, including but not limited to changes resulting from climate change, drought or bushfires, or
(b) the purpose of the reduction to water allocations is to provide additional water to the environment because of more accurate scientific knowledge that demonstrates that the amount previously allocated to the environment is inadequate, but not if that purpose is also the purpose referred to in paragraph (d), or
(c) the reduction to water allocations results from a change in State government policy, or
(d) the purpose of the reduction to water allocations is to enable the replacement plan or amended plan, as the case may be, to be accredited under the Water Act 2007 of the Commonwealth.
A statement referred to in subsection (1)—
(a) need not be made if the reduction concerned arises from circumstances referred to in section 87AA (3) (a) or (b), and
(b) in a case where the reduction is made for more than one of the purposes referred to in subsection (1), is to specify each of the relevant purposes and the extent to which the reduction relates to each of those relevant purposes.
The validity of a management plan may not be challenged, reviewed, quashed or called into question before any court in any proceedings, other than before the Land and Environment Court in proceedings commenced within the judicial review period.
The judicial review period in respect of a management plan is—
(a) the period of 3 months after the date the plan was published on the NSW legislation website, except as provided by paragraph (b), or
(b) in relation to a provision of the plan that was inserted by an amendment of the plan (other than an amendment under section 45 (1) (c)), the period of 3 months after the date that the amendment was published on the NSW legislation website.
A judicial review period does not arise as a result of the extension of the duration of a management plan.
The judicial review period cannot be extended by the Land and Environment Court or any other court, despite any other Act or law.
Without limiting subsection (1), the exercise by a designated person of any plan-making function may not be—
(a) challenged, reviewed, quashed or called into question before any court in any proceedings, or
(b) restrained, removed or otherwise affected by any proceedings,
other than before the Land and Environment Court in proceedings commenced within the judicial review period.
The provisions of or made under this Act and the rules of natural justice (procedural fairness), so far as they apply to the exercise of any plan-making function, do not place on a designated person any obligation enforceable in a court (other than in the Land and Environment Court in proceedings commenced within the judicial review period).
Accordingly, no court (other than the Land and Environment Court in proceedings commenced within the judicial review period) has jurisdiction or power to consider any question involving compliance or non-compliance, by a designated person, with those provisions or with those rules so far as they apply to the exercise of any plan-making function.
This section is not to be construed as applying the rules of natural justice to the exercise of plan-making functions for the purposes of proceedings instituted within the judicial review period.
In this section—
Chapter 4, Part 2, Div 9
Subst 2010 No 133, Sch 2[54].
Sec 173
Am 2009 No 17, Sch 3.22 [1]. Subst 2010 No 133, Sch 2[54].
Sec 174
Subst 2010 No 133, Sch 2[54].
Sec 175
Subst 2010 No 133, Sch 2[54].
Sec 176
Am 2001 No 56, Sch 1.22 [16]. Subst 2010 No 133, Sch 2[54].
Sec 177
Subst 2010 No 133, Sch 2[54].
Chapter 4, Part 2, Div 10
Subst 2010 No 133, Sch 2[54].
Sec 178
Am 2003 No 40, Sch 2.30 [2]. Subst 2010 No 133, Sch 2[54].
Sec 179
Subst 2010 No 133, Sch 2[54].
Sec 180
Rep 2010 No 133, Sch 2[54].
Sec 181
Rep 2010 No 133, Sch 2[54].
Sec 182
Rep 2010 No 133, Sch 2[54].
Sec 183
Rep 2010 No 133, Sch 2[54].
Sec 184
Rep 2010 No 133, Sch 2[54].
Sec 185
Rep 2010 No 133, Sch 2[54].
Sec 186
Rep 2010 No 133, Sch 2[54].
Sec 187
Am 2001 No 34, Sch 4.71 [4]. Rep 2010 No 133, Sch 2[54].
Sec 188
Rep 2010 No 133, Sch 2[54].
Sec 189
Rep 2010 No 133, Sch 2[54].
Sec 190
Rep 2010 No 133, Sch 2[54].
Chapter 4, Part 2, Div 10A
Ins 2010 No 133, Sch 1 [3]. Rep 2010 No 133, Sch 2[54].
Sec 190A
Ins 2010 No 133, Sch 1 [3]. Rep 2010 No 133, Sch 2[54].
Sec 190B
Ins 2010 No 133, Sch 1 [3]. Am 2011 No 62, Sch 1.23 [4]. Rep 2010 No 133, Sch 2[54].
Chapter 4, Part 2, Div 11
Rep 2010 No 133, Sch 2[54].
Sec 191
Rep 2010 No 133, Sch 2[54].
Sec 192
Rep 2010 No 133, Sch 2[54].
Sec 193
Rep 2010 No 133, Sch 2[54].
Sec 194
Rep 2010 No 133, Sch 2[54].
Sec 195
Rep 2010 No 133, Sch 2[54].
Sec 196
Rep 2010 No 133, Sch 2[54].
Chapter 4, Part 3
Rep 2010 No 133, Sch 2[54].
Chapter 4, Part 3, Div 1
Rep 2010 No 133, Sch 2[54].
Sec 197
Rep 2010 No 133, Sch 2[54].
Sec 198
Am 2001 No 112, Sch 2.41 [1]. Rep 2010 No 133, Sch 2[54].
Sec 199
Subst 2008 No 73, Sch 6 [22]. Rep 2010 No 133, Sch 2[54].
Chapter 4, Part 3, Div 2
Rep 2010 No 133, Sch 2[54].
Sec 200
Rep 2010 No 133, Sch 2[54].
Sec 201
Am 2001 No 112, Sch 2.41 [2]. Rep 2010 No 133, Sch 2[54].
Sec 202
Rep 2010 No 133, Sch 2[54].
Sec 203
Rep 2010 No 133, Sch 2[54].
Sec 204
Rep 2010 No 133, Sch 2[54].
Sec 205
Am 2008 No 73, Sch 5 [12]; 2018 No 31, Sch 1 [4]. Rep 2010 No 133, Sch 2[54].
Chapter 4, Part 3, Div 3
Rep 2010 No 133, Sch 2[54].
Sec 206
Rep 2010 No 133, Sch 2[54].
Sec 207
Rep 2010 No 133, Sch 2[54].
Sec 208
Rep 2010 No 133, Sch 2[54].
Sec 209
Rep 2010 No 133, Sch 2[54].
Sec 210
Rep 2010 No 133, Sch 2[54].
Sec 211
Rep 2010 No 133, Sch 2[54].
Sec 212
Rep 2010 No 133, Sch 2[54].
Sec 213
Am 2003 No 40, Sch 2.30 [3]. Rep 2010 No 133, Sch 2[54].
Chapter 4, Part 3, Div 4
Rep 2010 No 133, Sch 2[54].
Sec 214
Rep 2010 No 133, Sch 2[54].
Sec 215
Rep 2010 No 133, Sch 2[54].
Chapter 4, Part 3, Div 5
Rep 2010 No 133, Sch 2[54].
Sec 216
Am 2008 No 73, Schs 5 [13], 6 [23]; 2018 No 31, Sch 1 [4]. Rep 2010 No 133, Sch 2[54].
Sec 217
Rep 2010 No 133, Sch 2[54].
Sec 218
Am 2008 No 73, Sch 5 [14]; 2018 No 31, Sch 1 [57]. Rep 2010 No 133, Sch 2[54].
Sec 219
Rep 2010 No 133, Sch 2[54].
Sec 221
Am 2010 No 133, Schs 1 [4], 2[55] [56]; 2024 No 47, Sch 1.25[1].
Sec 222
Subst 2008 No 73, Sch 6 [24]. Am 2000 No 92, Sch 13A.1[6]; 2010 No 133, Sch 2[57].
Chapter 4, Part 4, Div 2
Subst 2010 No 133, Sch 2[59].
Sec 223
Subst 2010 No 133, Sch 2[59].
Sec 224
Subst 2010 No 133, Sch 2[59].
Sec 225
Subst 2010 No 133, Sch 2[59].
Sec 226
Subst 2010 No 133, Sch 2[59].
Sec 227
Subst 2010 No 133, Sch 2[59].
Chapter 4, Part 4, Div 3
Subst 2010 No 133, Sch 2[59].
Sec 228
Subst 2010 No 133, Sch 2[59].
Sec 229
Subst 2010 No 133, Sch 2[59].
Sec 230
Subst 2010 No 133, Sch 2[59].
Sec 231
Subst 2010 No 133, Sch 2[59].
Sec 232
Am 2007 No 94, Sch 2; 2009 No 17, Sch 3.22 [2]. Subst 2010 No 133, Sch 2[59].
Sec 233
Subst 2010 No 133, Sch 2[59].
Chapter 4, Part 4, Div 4
Subst 2010 No 133, Sch 2[59].
Sec 234
Subst 2010 No 133, Sch 2[59].
Sec 235
Subst 2010 No 133, Sch 2[59].
Sec 236
Subst 2010 No 133, Sch 2[59].
Sec 237
Subst 2010 No 133, Sch 2[59].
Chapter 4, Part 4, Div 5A
Ins 2010 No 133, Sch 1 [5]. Rep 2010 No 133, Sch 2[59].
Sec 237A
Ins 2010 No 133, Sch 1 [5]. Rep 2010 No 133, Sch 2[59].
Sec 237B
Ins 2010 No 133, Sch 1 [5]. Am 2011 No 62, Sch 1.23 [5]. Rep 2010 No 133, Sch 2[59].
Chapter 4, Part 4, Div 5
Subst 2010 No 133, Sch 2[59].
Sec 238
Am 2008 No 73, Sch 6 [25]. Subst 2010 No 133, Sch 2[59].
Sec 238A
Ins 2011 No 62, Sch 1.23 [6]. Rep 2010 No 133, Sch 2[59].
Sec 239
Subst 2010 No 133, Sch 2[59].
Sec 239A
Ins 2010 No 133, Sch 2[59].
Sec 239B
Ins 2010 No 133, Sch 2[59].
Sec 239C
Ins 2010 No 133, Sch 2[59].
Sec 239D
Ins 2010 No 133, Sch 2[59].
Chapter 4, Part 4, Div 6
Subst 2010 No 133, Sch 2[59].
Sec 239E
Ins 2010 No 133, Sch 2[59] (am 2011 No 62, Sch 1.24[2]).
Sec 239F
Ins 2010 No 133, Sch 2[59].
Sec 239G
Ins 2010 No 133, Sch 2[59].
Chapter 4, Part 4, Div 7
Ins 2010 No 133, Sch 2[59].
Sec 239H
Ins 2010 No 133, Sch 2[59].
Sec 239I
Ins 2010 No 133, Sch 2[59].
Sec 239J
Ins 2010 No 133, Sch 2[59].
Sec 239K
Ins 2010 No 133, Sch 2[59].
Chapter 4, Part 4, Div 8
Ins 2010 No 133, Sch 2[59].
Sec 239L
Ins 2010 No 133, Sch 2[59].
Sec 239M
Ins 2010 No 133, Sch 2[59].
Sec 239N
Ins 2010 No 133, Sch 2[59].
Sec 239O
Ins 2010 No 133, Sch 2[59].
Sec 239P
Ins 2010 No 133, Sch 2[59].
Chapter 4, Part 4, Div 9
Ins 2010 No 133, Sch 2[59].
Sec 239Q
Ins 2010 No 133, Sch 2[59].
Sec 239R
Ins 2010 No 133, Sch 2[59].
Sec 239S
Ins 2010 No 133, Sch 2[59] (am 2015 No 58, Sch 1.15).
Sec 239T
Ins 2010 No 133, Sch 2[59].
Chapter 5, Part 1
Rep 2004 No 40, Sch 3.21 [1].
Chapter 5, Part 1, Div 1
Rep 2004 No 40, Sch 3.21 [1].
Sec 240
Am 2001 No 56, Sch 1.22 [17]. Rep 2004 No 40, Sch 3.21 [1].
Sec 241
Am 2001 No 56, Sch 1.22 [18]. Rep 2004 No 40, Sch 3.21 [1].
Sec 242
Am 2001 No 56, Sch 1.22 [19]. Rep 2004 No 40, Sch 3.21 [1].
Chapter 5, Part 1, Div 2
Rep 2004 No 40, Sch 3.21 [1].
Sec 243
Am 2001 No 56, Sch 1.22 [20]. Rep 2004 No 40, Sch 3.21 [1].
Sec 244
Am 2001 No 56, Sch 1.22 [21]. Rep 2004 No 40, Sch 3.21 [1].
Sec 245
Rep 2004 No 40, Sch 3.21 [1].
Chapter 5, Part 1, Div 3
Rep 2004 No 40, Sch 3.21 [1].
Sec 246
Am 2001 No 56, Sch 1.22 [22]. Rep 2004 No 40, Sch 3.21 [1].
Secs 247, 248
Rep 2004 No 40, Sch 3.21 [1].
Chapter 5, Part 1, Div 4
Rep 2004 No 40, Sch 3.21 [1].
Sec 249
Rep 2004 No 40, Sch 3.21 [1].
Sec 250
Am 2001 No 56, Sch 1.22 [23]. Rep 2004 No 40, Sch 3.21 [1].
Sec 251
Rep 2004 No 40, Sch 3.21 [1].
Chapter 5, Part 1, Div 5
Rep 2004 No 40, Sch 3.21 [1].
Sec 252
Rep 2004 No 40, Sch 3.21 [1].
Sec 254
Am 2003 No 104, Sch 5.5 [2]; 2012 No 42, Sch 1.27 [3]; 2013 No 51, Sch 7.53 [6].
Sec 256
Am 2008 No 73, Sch 1 [6].
Secs 258–261
Am 2003 No 104, Sch 5.5 [3]; 2013 No 51, Sch 7.53 [7].
Sec 262
Am 2003 No 104, Sch 5.5 [3]; 2004 No 39, Sch 5 [10]; 2013 No 51, Sch 7.53 [8] [9]; 2014 No 33, Sch 2.45.
Sec 263
Am 2003 No 104, Sch 5.5 [3]; 2013 No 51, Sch 7.53 [10].
Secs 267, 268
Am 2003 No 104, Sch 5.5 [3]; 2013 No 51, Sch 7.53 [7].
Chapter 5, Part 3 (secs 274–280)
Rep 2000 No 92, Sch 8.30 [3].
Sec 281
Am 2009 No 56, Sch 4.81 [1].
Sec 282
Am 2008 No 73, Sch 5 [15]; 2018 No 31, Sch 1 [4].
Sec 283
Am 2001 No 34, Sch 4.71 [5]; 2002 No 138, Sch 4 [4] [5]; 2008 No 73, Sch 6 [26]; 2018 No 31, Sch 1 [58]; 2024 No 80, Sch 1[10].
Sec 284
Subst 2008 No 73, Sch 6 [27].
Sec 285
Am 2006 No 2, Sch 4.79 [1]; 2015 No 58, Sch 3.94 [2].
Secs 286, 287
Am 2009 No 56, Sch 4.81 [2].
Sec 288
Am 2001 No 56, Sch 1.22 [24].
Sec 289
Am 2003 No 104, Sch 5.5 [4]; 2013 No 51, Sch 7.53 [11].
Sec 290
Rep 2006 No 2, Sch 4.79 [2]. Ins 2015 No 58, Sch 3.94 [3].
Sec 292
Am 2011 No 27, Sch 1.11 [1]; 2024 No 80, Sch 1[11].
Sec 293
Am 2002 No 138, Sch 4 [6].
Sec 297
Am 2008 No 73, Sch 6 [28].
Sec 299
Am 2002 No 138, Sch 4 [7].
Sec 300A
Ins 2024 No 80, Sch 1[12].
Sec 301A
Ins 2008 No 73, Sch 2 [1].
Sec 301B
Ins 2024 No 80, Sch 1[13].
Sec 301C
Ins 2024 No 80, Sch 1[13].
Sec 301D
Ins 2024 No 80, Sch 1[13].
Sec 301E
Ins 2024 No 80, Sch 1[13].
Sec 303
Am 2017 No 17, Sch 4.105 [1] [2].
Sec 304A
Ins 2024 No 80, Sch 1[14].
Sec 306
Am 2002 No 138, Sch 4 [8].
Sec 309
Am 2004 No 40, Sch 3.21 [2].
Sec 310
Am 2002 No 138, Sch 4 [9]; 2024 No 80, Sch 1[15].
Sec 318A
Ins 2008 No 73, Sch 1 [7].
Sec 318B
Ins 2008 No 73, Sch 1 [7]. Am 2024 No 80, Sch 1[16] [17].
Sec 320
Am 2002 No 138, Sch 4 [10].
Sec 321
Am 2002 No 138, Sch 4 [11].
Sec 322
Am 2002 No 138, Sch 4 [12]–[15]; 2006 No 58, Sch 1.40 [1]; 2008 No 36, Sch 1.7; 2011 No 59, Sch 2.16 [2]. Subst 2024 No 80, Sch 1[18].
Chapter 7, Part 1
Subst 2008 No 73, Sch 2 [2].
Chapter 7, Part 1, Div 1, heading
Ins 2008 No 73, Sch 2 [2].
Sec 323
Am 2004 No 39, Sch 2 [4] [5]. Subst 2008 No 73, Sch 2 [2]. Am 2009 No 106, Sch 1.20 [2].
Chapter 7, Part 1, Div 2, heading
Ins 2008 No 73, Sch 2 [2]. Am 2018 No 31, Sch 1 [59].
Sec 324
Am 2001 No 56, Sch 1.22 [25]. Subst 2008 No 73, Sch 2 [2]. Am 2018 No 31, Sch 1 [4] [60].
Sec 325
Subst 2004 No 39, Sch 2 [6]; 2008 No 73, Sch 2 [2]. Am 2017 No 64, sec 19.
Sec 326
Subst 2008 No 73, Sch 2 [2]. Am 2009 No 56, Sch 1.44 [7]–[9]; 2009 No 110, Sch 1 [6]–[10]; 2017 No 64, sec 19; 2018 No 31, Sch 1 [61] [62].
Sec 326A
Ins 2018 No 31, Sch 1 [63]. Am 2024 No 47, Sch 1.25[2].
Sec 326B
Ins 2018 No 31, Sch 1 [63].
Chapter 7, Part 1, Div 3, heading
Ins 2008 No 73, Sch 2 [2].
Sec 327
Am 2002 No 138, Sch 4 [16]. Subst 2008 No 73, Sch 2 [2]. Am 2009 No 56, Sch 1.44 [10] [11]; 2017 No 64, sec 19.
Sec 328
Subst 2008 No 73, Sch 2 [2]. Am 2009 No 56, Sch 1.44 [10] [12]; 2017 No 64, sec 19.
Sec 329
Subst 2008 No 73, Sch 2 [2]. Am 2009 No 56, Sch 1.44 [10] [13] [14]; 2009 No 106, Sch 1.20 [3]; 2014 No 48, Sch 1.1 [2]; 2017 No 64, sec 19.
Chapter 7, Part 1, Div 4, heading
Ins 2008 No 73, Sch 2 [2].
Sec 330
Subst 2008 No 73, Sch 2 [2]. Am 2009 No 56, Sch 1.44 [15].
Chapter 7, Part 1, Div 5, heading
Ins 2008 No 73, Sch 2 [2].
Sec 331
Subst 2008 No 73, Sch 2 [2]. Am 2009 No 106, Sch 1.20 [3]; 2014 No 48, Sch 1.1 [2]; 2017 No 64, sec 19.
Sec 332
Am 2001 No 56, Sch 1.22 [26]. Subst 2008 No 73, Sch 2 [2]. Am 2017 No 64, sec 19.
Sec 333
Subst 2008 No 73, Sch 2 [2]. Am 2009 No 56, Sch 1.44 [16]–[18]; 2017 No 64, sec 19.
Sec 334
Subst 2008 No 73, Sch 2 [2]. Am 2009 No 56, Sch 1.44 [19]; 2017 No 64, sec 19.
Chapter 7, Part 1, Div 6, heading
Ins 2008 No 73, Sch 2 [2].
Sec 335
Subst 2008 No 73, Sch 2 [2]. Am 2017 No 64, sec 19.
Sec 336
Subst 2008 No 73, Sch 2 [2].
Chapter 7, Part 1, Div 7, heading
Ins 2008 No 73, Sch 2 [2].
Sec 336A
Ins 2002 No 138, Sch 4 [17]. Subst 2008 No 73, Sch 2 [2]. Am 2017 No 64, sec 19.
Sec 336B
Ins 2008 No 73, Sch 2 [2]. Am 2009 No 110, Sch 1 [1]; 2010 No 133, Sch 2 [60]; 2018 No 31, Sch 1 [4].
Secs 336C, 336D
Ins 2008 No 73, Sch 2 [2].
Chapter 7, Part 1, Div 8 (secs 336E, 336F)
Ins 2018 No 31, Sch 1 [64].
Chapter 7, Part 2
Subst 2008 No 73, Sch 2 [2].
Chapter 7, Part 2, Div 1, heading
Ins 2008 No 73, Sch 2 [2].
Sec 337
Subst 2008 No 73, Sch 2 [2].
Secs 337A, 337B
Ins 2008 No 73, Sch 2 [2].
Chapter 7, Part 2, Div 2, heading
Ins 2008 No 73, Sch 2 [2].
Sec 338
Am 2002 No 103, Sch 4.97 [1]–[4]. Subst 2008 No 73, Sch 2 [2].
Sec 338A
Ins 2008 No 73, Sch 2 [2]. Am 2017 No 64, sec 19.
Sec 338B
Ins 2008 No 73, Sch 2 [2]. Am 2000 No 92, sec 338B(9); 2017 No 64, sec 19; 2020 No 5, Sch 1.33; 2021 No 5, Sch 1.31; 2022 No 5, Sch 1.18.
Sec 338C
Ins 2008 No 73, Sch 2 [2].
Sec 338D
Ins 2008 No 73, Sch 2 [2]. Am 2014 No 5, Sch 2.29 [1] [2]; 2025 No 61, Sch 3.14[1] [2].
Chapter 7, Part 2, Div 3, heading
Ins 2008 No 73, Sch 2 [2].
Sec 339
Subst 2008 No 73, Sch 2 [2].
Sec 339A
Ins 2008 No 73, Sch 2 [2]. Am 2016 No 27, Sch 1.33 [4] [5].
Sec 339B
Ins 2008 No 73, Sch 2 [2]. Am 2009 No 56, Sch 1.44 [19].
Secs 339C, 339D
Ins 2008 No 73, Sch 2 [2].
Sec 339E
Ins 2008 No 73, Sch 2 [2]. Am 2017 No 64, sec 19.
Secs 339F, 339G
Ins 2008 No 73, Sch 2 [2].
Chapter 7, Part 2, Div 4, heading
Ins 2008 No 73, Sch 2 [2].
Sec 340
Subst 2008 No 73, Sch 2 [2].
Secs 340A, 340B
Ins 2008 No 73, Sch 2 [2].
Sec 340C
Ins 2008 No 73, Sch 2 [2]. Am 2017 No 64, sec 19.
Sec 340D
Ins 2010 No 133, Sch 2 [61].
Chapter 7, Part 3
Subst 2008 No 73, Sch 1 [8].
Chapter 7, Part 3, Div 1, heading
Rep 2008 No 73, Sch 1 [8].
Sec 341
Am 2002 No 138, Sch 2 [33] [34]; 2004 No 39, Schs 4 [41], 5 [11]; 2005 No 118, Sch 1 [40] [41]. Rep 2008 No 73, Sch 1 [8].
Sec 342
Am 2001 No 56, Sch 1.22 [27]; 2002 No 138, Schs 2 [35] [36], 4 [18]; 2004 No 39, Sch 5 [11]. Subst 2008 No 73, Sch 1 [8]. Am 2010 No 133, Sch 2[62].
Sec 343
Am 2002 No 138, Schs 2 [37] [38], 4 [19]; 2004 No 39, Sch 5 [11]. Subst 2008 No 73, Sch 1 [8]. Am 2010 No 133, Sch 2[63] [64].
Sec 344
Am 2001 No 56, Sch 1.22 [28]; 2002 No 138, Sch 4 [20]–[23]. Subst 2008 No 73, Sch 1 [8].
Sec 345
Am 2004 No 39, Sch 2 [7]. Subst 2008 No 73, Sch 1 [8]. Am 2009 No 56, Sch 1.44 [20] [21]; 2011 No 22, Sch 2.30.
Sec 346
Subst 2008 No 73, Sch 1 [8]. Am 2010 No 133, Sch 2 [65] [66].
Sec 347
Am 2001 No 56, Sch 1.22 [29] [30]; 2002 No 138, Sch 4 [24]. Subst 2008 No 73, Sch 1 [8].
Sec 347A
Ins 2004 No 39, Sch 3 [32]. Rep 2008 No 73, Sch 1 [8].
Sec 348
Rep 2008 No 73, Sch 1 [8].
Chapter 7, Part 3, Div 2, heading
Rep 2008 No 73, Sch 1 [8].
Secs 349, 350
Rep 2008 No 73, Sch 1 [8].
Sec 351
Am 2002 No 138, Sch 4 [25]; 2004 No 101, Sch 9.9. Rep 2008 No 73, Sch 1 [8].
Sec 352
Rep 2008 No 73, Sch 1 [8].
Chapter 7, Part 3A
Ins 2008 No 73, Sch 3 [1].
Sec 353
Am 2002 No 138, Sch 4 [26]. Rep 2008 No 73, Sch 1 [8]. Ins 2008 No 73, Sch 3 [1].
Secs 353A, 353B
Ins 2008 No 73, Sch 3 [1].
Sec 353C
Ins 2008 No 73, Sch 3 [1]. Am 2009 No 106, Sch 4.31 [1] [2].
Secs 353D, 353E
Ins 2008 No 73, Sch 3 [1].
Sec 353F
Ins 2008 No 73, Sch 3 [1]. Am 2009 No 106, Sch 4.31 [2].
Sec 353G
Ins 2008 No 73, Sch 3 [1]. Am 2009 No 106, Sch 4.31 [1].
Sec 353H
Ins 2008 No 73, Sch 3 [1].
Chapter 7, Part 4, heading
Subst 2004 No 39, Sch 4 [42].
Chapter 7, Part 4, Div 1, heading
Ins 2004 No 39, Sch 4 [42].
Sec 354
Am 2010 No 133, Sch 2[67].
Sec 355
Am 2009 No 17, Sch 3.22 [3].
Sec 359
Am 2010 No 133, Sch 2[68]; 2015 No 58, Sch 3.94 [1].
Chapter 7, Part 4, Div 2, heading
Ins 2004 No 39, Sch 4 [43].
Secs 362A–362C
Ins 2004 No 39, Sch 4 [43].
Sec 363A
Ins 2008 No 73, Sch 1 [9].
Sec 363B
Ins 2008 No 73, Sch 1 [9]. Am 2018 No 31, Sch 1 [65]–[67].
Sec 364
Am 2001 No 56, Sch 1.22 [31]; 2004 No 39, Sch 5 [12]. Subst 2008 No 73, Sch 1 [10]. Am 2009 No 56, Sch 1.44 [22]; 2009 No 106, Sch 4.31 [2].
Sec 364A
Ins 2008 No 73, Sch 1 [10]. Am 2018 No 31, Sch 1 [68] [69].
Sec 365
Subst 2017 No 63, Sch 3.11. Am 2018 No 31, Sch 1 [70].
Sec 365A
Ins 2008 No 73, Sch 1 [11].
Sec 367
Subst 2008 No 73, Sch 3 [2]. Am 2009 No 106, Sch 1.20 [4]; 2010 No 133, Sch 2 [69] [70]; 2011 No 62, Sch 1.23 [7]; 2017 No 64, sec 19.
Secs 367A, 367B
Ins 2008 No 73, Sch 3 [2].
Sec 368
Am 2001 No 56, Sch 1.22 [32]; 2002 No 138, Sch 4 [27]; 2004 No 39, Schs 3 [33], 4 [44] [45]; 2005 No 118, Schs 1 [42], 2 [2]; 2008 No 73, Sch 1 [12]; 2010 No 133, Schs 1 [6], 2[71] [72]; 2012 No 95, Sch 1.22 [6]; 2014 No 48, Sch 1.10 [23]–[25]; 2018 No 31, Sch 1 [73]; 2022 No 59, Sch 1.38[4].
Chapter 8, Part 1 (secs 369, 370)
Rep 2003 No 102, Sch 2.10 [1].
Sec 372
Am 2002 No 138, Sch 4 [28] [29]; 2005 No 118, Sch 1 [43].
Sec 372A
Ins 2009 No 110, Sch 1 [11].
Sec 372B
Ins 2009 No 110, Sch 1 [11]. Am 2011 No 27, Sch 1.11 [2].
Sec 375
Am 2010 No 133, Sch 2[73] [74].
Secs 376, 382
Am 2015 No 58, Sch 3.94 [4].
Sec 385
Subst 2018 No 70, Sch 3.68.
Chapter 8, Part 3A
Ins 2008 No 69, Sch 1 [9].
Secs 386A–386D
Ins 2008 No 69, Sch 1 [9].
Sec 386E
Ins 2008 No 69, Sch 1 [9]. Am 2014 No 74, Sch 3.43 [5].
Sec 386F
Ins 2008 No 69, Sch 1 [9].
Sec 387A
Ins 2004 No 39, Sch 1 [25]. Am 2013 No 51, Sch 7.53 [12].
Sec 389
Am 2008 No 73, Sch 6 [29]; 2015 No 58, Sch 3.94 [1]; 2018 No 31, Sch 1 [74]–[76].
Sec 389A
Ins 2004 No 39, Sch 1 [26]. Am 2010 No 133, Sch 2 [75]; 2013 No 51, Sch 7.53 [13].
Sec 389B
Ins 2015 No 42, Sch 2.4.
Sec 390
Am 2008 No 73, Sch 3 [3]; 2017 No 64, sec 19.
Sec 391A
Ins 2004 No 39, Sch 4 [46]. Am 2014 No 48, Sch 1.9 [3].
Sec 392
Am 2013 No 51, Sch 7.53 [14]; 2014 No 48, Sch 1.1 [3] [4]; 2018 No 59, Sch 5.1.
Sec 394
Am 2011 No 27, Sch 1.11 [3]; 2018 No 31, Sch 1 [78] [79].
Sec 395
Rep 2004 No 39, Sch 4 [47]. Ins 2008 No 73, Sch 5 [16]. Subst 2018 No 31, Sch 1 [80].
Sec 395AA
Ins 2024 No 69, Sch 1[7].
Sec 395A
Ins 2008 No 73, Sch 5 [16].
Sec 397
Am 2003 No 102, Sch 2.10 [2]; 2004 No 39, Sch 5 [13]; 2010 No 133, Sch 2[76] [77]; 2015 No 58, Sch 3.94 [1].
Sec 398
Am 2003 No 40, Sch 2.30 [4]; 2004 No 40, Sch 3.21 [3] [4]; 2014 No 74, Sch 3.43 [6] [7]; 2018 No 31, Sch 1[81]; 2019 No 1, Sch 2.34.
Sec 399
Subst 2018 No 70, Sch 4.117[3].
Sec 399B
Ins 2018 No 31, Sch 1[84].
Sec 400
Am 2022 No 59, Sch 1.38[5]; 2024 No 80, Sch 1[19]–[21].
Secs 400A, 400B
Ins 2018 No 31, Sch 1 [85].
Sec 402A
Ins 2024 No 80, Sch 1[22].
Sec 403
Am 2004 No 39, Sch 5 [14].
Sch 1A
Ins 2004 No 39, Sch 3 [34]. Am 2005 No 118, Sch 1 [44]–[46]; 2010 No 133, Sch 1 [7].
Sch 1B
Ins 2005 No 118, Sch 1 [47]. Am 2008 No 73, Sch 6 [11]; 2015 No 58, Sch 1.14 [2] [3]; 2018 No 31, Sch 1[86].
Sch 1
Am 2017 No 63, Sch 4.55.
Sch 2
Am GG No 168 of 22.12.2000, p 13474; 2004 No 40, Sch 3.21 [5]; 2014 (593), cl 3; 2014 No 74, Sch 3.43 [8]; 2015 (120), cl 3.
Sch 3
Am 2000 No 92, Sch 8.30 [4] [5]; GG No 168 of 22.12.2000, p 13473; 2001 No 56, Sch 1.22 [33]; 2001 No 57, Sch 6, Part 1; 2002 No 138, Sch 4 [30] [31]; 2004 No 40, Sch 3.21 [6]; 2006 No 105, Sch 7.2 [3]; 2012 No 95, Sch 2.41; 2014 No 74, Sch 3.43 [9]; 2024 No 49, Sch 1[1].
Sch 4
Am 2001 No 107, Sch 7.11; 2001 No 118, Sch 2.12; 2010 No 97, Sch 2.30; 2011 No 4, Sch 2.36.
Sch 5
Am 2001 No 56, Sch 1.22 [34]–[40]; 2006 No 58, Sch 1.40 [2] [3]; 2015 No 58, Sch 3.94 [5] [6]; 2017 No 17, Sch 4.105 [3].
Sch 6, heading
Am 2003 No 102, Sch 2.10 [3].
Sch 6
Am 2003 No 102, Sch 2.10 [4]–[8]; 2015 No 58, Sch 3.94 [7].
Sch 8
Am 2001 No 56, Sch 1.22 [41] [42]; 2002 No 138, Sch 4 [32]; 2004 No 39, Sch 5 [15]; 2004 No 40, Sch 3.21 [7]; 2005 No 49, sec 5; 2007 No 83, Sch 2.2; 2008 No 62, Sch 4; 2012 No 95, Sch 3; 2015 No 48, sec 4.
Sch 9
Am 2001 No 56, Sch 1.22 [43] [44]; 2002 No 138, Schs 2 [39]–[43], 4 [33] [34] [35] (am 2003 No 40, Sch 2.31 [1] [2]) [36] [37]; 2004 No 39, Sch 6 [1]–[7]; 2004 No 40, Sch 3.21 [8]; 2005 No 118, Sch 1 [48] [49]; 2008 No 73, Sch 6 [30]–[32]; 2009 No 110, Sch 1 [12]; 2010 No 133, Schs 1 [8], 2 [78] [79]; 2011 No 62, Sch 1.23 [8] [9]; 2013 No 51, Sch 7.53 [15]; 2014 No 48, Sch 1.15 [1]–[3]; 2015 No 26, Sch 3.9[3]; 2018 No 31, Sch 1 [87]; 2024 No 49, Sch 1[2]; 2024 No 69, Sch 1[9]; 2025 No 61, Sch 3.14[3].
Sch 9A
Ins 2011 No 62, Sch 4.10.
Sch 10
Ins 2004 No 39, Sch 6 [8]. Am 2005 No 118, Sch 1 [50]–[57]; 2008 No 73, Sch 5 [17]; 2009 No 56, Sch 1.44 [23]; 2010 No 133, Sch 2 [80] [81]; 2011 No 62, Sch 1.23 [10]–[12]; 2014 No 48, Schs 1.10 [27], 1.14 [1]; 2024 No 47, Sch 1.25[3]; 2024 No 80, Sch 1[23].
Sch 11
Ins 2004 No 39, Sch 6 [8]. Am 2009 (282), Sch 2 [1] [2].
Sch 12, heading
Ins 2005 No 118, Sch 1 [58]. Am 2018 No 31, Sch 1 [88].
Sch 12
Ins 2005 No 118, Sch 1 [58]. Am 2018 No 31, Sch 1 [89]; 2025 No 48, Sch 2.18[1] [2].
Sch 13
Ins 2010 No 133, Sch 2[82]. Am 2024 (52), Sch 1.
Sch 13A
Ins 2024 No 80, Sch 1[24]. Am 2024 No 80, Sch 1[25] (provisions transferred and renumbered from the Water Management Amendment Act 2010, Sch 2) [26] (provisions transferred and renumbered from the Water Management Amendment Act 2014, Sch 1.5) [27] (provisions transferred from the Water Management Amendment Act 2014, Sch 1.7) [28] (provisions transferred and renumbered from the Water Management Amendment Act 2014, Sch 1.8) [29] (provisions transferred and renumbered from the Water Management Amendment Act 2014, Sch 1.10) [30] (provisions transferred and renumbered from the Water Management Amendment Act 2014, Sch 1.14).
Dictionary
Am 2001 No 56, Sch 1.22 [45]–[47]; 2002 No 138, Schs 2 [44]–[49], 3 [16]–[20], 4 [38]–[45]; 2003 No 102, Sch 2.10 [9]; 2004 No 39, Schs 1 [27], 3 [35] [36], 4 [48]–[52]; 2005 No 118, Sch 1 [59]–[63]; 2006 No 104, Sch 3.11; 2008 No 69, Sch 1 [10]; 2008 No 73, Schs 1 [13], 3 [4], 5 [18] [19], 6 [33]–[38]; 2009 No 7, Sch 3.16; 2009 No 56, Sch 1.44 [24]; 2009 No 106, Sch 1.20 [5]; 2009 No 110, Sch 1 [13]–[16]; 2010 No 133, Schs 1 [9], 2 [83]–[86]; 2012 No 95, Sch 1.22 [7]; 2013 No 51, Sch 7.53 [16]; 2014 No 48, Schs 1.1 [5]–[8], 1.2 [9], 1.9 [4]; 2014 No 88, Sch 2.75; 2015 No 58, Sch 3.94 [8] [9]; 2017 No 17, Sch 4.105 [4] [5]; 2017 No 22, Sch 1.32 [3]; 2018 No 31, Sch 1[90]–[96]; 2021 No 26, Sch 2.15; 2022 No 59, Sch 1.38[6]; 2024 No 80, Sch 1[31].
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