Water Management Amendment Act 2004 (NSW)
An Act to amend the Water Management Act 2000 to make further provision with respect to the management of the water resources of the State; and for other purposes.
This Act is the Water Management Amendment Act 2004.
This Act commences on a day or days to be appointed by proclamation.
The Water Management Act 2000 is amended as set out in Schedules 1–6.
The Acts and instrument specified in Schedule 7 are amended as set out in that Schedule.
(Section 3)
Omit the section. Insert instead:
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 that is committed by the conditions of access licences for specified environmental purposes, either generally or at specified times or in specified circumstances (
adaptive environmental water ).
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.
A management plan must contain provisions relating to adaptive environmental water.
Omit “catchment management boards and trusts” from section 13 (1) (d).
Insert instead “catchment management authorities”.
Omit “for the water management area” from section 14 (2) (a).
Insert instead “for the whole or any part of the management area or of the water sources in the area”.
Omit “for the water management area”.
Insert instead “in the water management area”.
Omit section 15 (3) and (4). Insert instead:
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.
Omit “for a water management area may”.
Insert instead “may, in respect of a water management area or water source to which it applies,”.
Omit “in the water sources in the area”.
Omit “having effect within the area” wherever occurring.
Insert after section 18 (1):
In formulating a draft management plan, the management committee must also have due regard to the provisions of any relevant catchment action plan under the Catchment Management Authorities Act 2003.
Omit “in relation to each of the classes of environmental water referred to in section 8 (1)” from section 20 (1) (a).
Omit section 42 (2) and (3). Insert instead:
This section does not limit the operation of Division 9.
Omit “Subject to this section” from section 43 (1).
Insert instead “Subject to section 43A”.
Omit “has effect for 10 years from the date on which it is made.”.
Insert instead:
has effect for:
(a) if the plan commenced on 1 July in any year—10 years from that date, or
(b) in any other case—10 years from 1 July next after the date the plan commenced.
Insert “(other than provisions dealing with water sharing)” after “management plan”.
Insert after section 43 (3):
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.
Insert after section 43:
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, or the failure to achieve, the relevant State-wide natural resource management standards and targets in the relevant catchment management area (as referred to in section 5 of the Catchment Management Authorities Act 2003),
(b) whether changes to those provisions were warranted.
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 first anniversary of the date the plan would otherwise have expired, whichever first occurs.
Omit the section. Insert instead:
The Minister may at any time, by order published in the Gazette, 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.
Without limiting the circumstances in which the Minister may act under subsection (1) (a), the Minister may amend a management plan under subsection (1) (a) for the purpose of enabling a catchment management authority, the Minister or other public body to obtain an access licence (containing conditions for adaptive environmental water use) as a result of the availability of additional water that has been conserved by public expenditure or works.
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 in the Gazette, repeal a management plan (other than a management plan that deals with water sharing).
The amendment or repeal of a management plan under this section takes effect on the date the order is published in the Gazette 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).
Omit the section. Insert instead:
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 in the Gazette, 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 in the Gazette.
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:
(a) proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, and
(b) without limiting paragraph (a), proceedings in the exercise of the inherent jurisdiction of the Supreme Court or the jurisdiction conferred by section 23 of the Supreme Court Act 1970.
Insert after section 50 (2):
Part 3 (except sections 15 and 36–41) applies to a Minister’s plan. However, the Minister:
(a) may adopt any of the provisions of sections 36–41 in a particular case, and
(b) may dispense with a particular requirement of Part 3 in the case of a Minister’s plan referred to in subsection (1A).
Omit the subsection. Insert instead:
Before making a Minister’s plan, the Minister must obtain the concurrence of the Minister for the Environment to the making of the plan.
Omit the subsection. Insert instead:
The Minister may decide whether to make a Minister’s plan or a management plan in respect of any matter (whether or not any draft management plan has been submitted to the Minister).
Insert “or extended” after “made” in section 87 (2) (a).
Insert after section 87 (2) (a):
a management plan that is made following the expiry of the management plan that established the bulk access regime, or
Omit the paragraph. Insert instead:
an amendment of a management plan by the Minister under section 45 that is authorised by the plan or that is required to give effect to a decision of the Land and Environment Court relating to the validity of the plan.
Insert after section 387:
The Minister may establish a Water Innovation Council for the purposes of this Act.
The Water Innovation Council is to consist of such persons as, in the opinion of the Minister, have the qualifications and expertise appropriate to the function of the Council.
The function of the Water Innovation Council is to advise the Minister and catchment management authorities on the identification and pursuit of measures for water conservation, including measures for:
(a) the recovery of water (that is, preventing the loss of water from uncapped bores, porous irrigation channels, evaporation and the like), and
(b) the re-use of water, and
(c) the efficient use of water.
The Council is also to advise the Minister on any other matter that is referred by the Minister for advice.
Provisions with respect to the members and procedure of the Water Innovation Council or any other advisory body established under this section are, subject to any requirements of the regulations, to be determined by the Minister.
Insert after section 389:
The Minister may authorise a catchment management authority to exercise the following functions:
(a) assisting the Minister or a management committee in the development of, in consultations about or in the implementation of management plans,
(b) managing adaptive environmental water under access licences,
(c) monitoring water quality and other environmental health objectives of management plans (including in connection with a review or audit of any such plan).
A catchment management authority may, with the approval of the Minister, acquire, hold and deal with access licences.
This section does not limit section 389.
Insert in alphabetical order:
(Section 3)
Omit “An” from section 52 (1).
Insert instead “Subject to subsection (2), an”.
Omit the subsection. Insert instead:
Any entitlement under subsection (1) to take or use water is subject to the following provisions:
(a) owners or occupiers of new landholdings that are created by the subdivision of an existing landholding to which subsection (1) applied before the subdivision must not take or use water under the subsection contrary to any prohibition or restriction imposed on them by or under the regulations (including any prohibition or restriction that the Minister is authorised by the regulations to impose),
(b) subsection (1) does not authorise a landholder to construct a dam or water bore without a water supply work approval.
Omit “stock being raised on the land, but does not include the use of water in connection with intensive animal husbandry” from the definition of
Insert instead “stock animals being raised on the land, but does not include the use of water in connection with the raising of stock animals on an intensive commercial basis that are housed or kept in feedlots or buildings for all (or a substantial part) of the period during which the stock animals are being raised”.
Omit “and, unless sooner revoked, expires at the end of 7 days after it is so broadcast” from section 323 (3).
Insert after section 323 (3):
An order under this section:
(a) ceases to have effect if it is repealed, or
(b) where the order provides that it ceases to have effect on a specified day or on the expiry of a specified period, ceases to have effect on that day or on the expiry of that period, unless the order is sooner repealed.
In the event of any inconsistency between an order under this section and any other provision of this Act relating to the distribution, sharing or taking of water (including any order made, or any condition imposed on an access licence or approval, under this Act), the order under this section prevails to the extent of the inconsistency.
Omit the section. Insert instead:
The Minister may, by order in writing served on a landholder, direct the landholder to take specified measures to ensure that:
(a) water used under the authority of a water use approval applying to the land is beneficially used, and is not wasted or improperly used, or
(b) water taken or used under the authority of a domestic and stock right is beneficially used, and is not wasted or improperly used, or
(c) water used under the authority of a domestic and stock right or domestic and stock access licence is used in accordance with any guidelines established under this section, or
(d) water taken by means of a water supply work situated on the land is beneficially used, and is not wasted or improperly used.
Despite section 332, the measures that may be specified in a direction under subsection (1) are not limited to the measures referred to in that section.
The Minister may, by order published in the Gazette, establish guidelines with respect to the reasonable use of water for domestic consumption and stock watering by landholders authorised to use water for either or both of those purposes under a domestic and stock right or domestic and stock access licence.
Before establishing any guidelines under this section, the Minister must prepare draft guidelines.
The Minister:
(a) must give public notice of the draft guidelines, and
(b) must exhibit the draft guidelines (together with such other information as is appropriate or necessary to enable the draft guidelines and their 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 (5) (a):
(a) must specify the places at which, the dates on which, and the times during which, the draft guidelines 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 guidelines (the
submission period ), and(c) must be published in a daily newspaper circulating throughout New South Wales.
During the submission period, any person may make written submissions to the Minister on the draft guidelines.
After complying with the requirements of this section, the Minister:
(a) may establish guidelines under this section in accordance with the draft guidelines, or
(b) may establish guidelines under this section in accordance with the draft guidelines, but with such alterations as the Minister thinks fit, or
(c) may decide not to proceed with the draft guidelines.
The Minister is to cause:
(a) a copy of any guidelines established under this section as in force from time to time to be published on the Internet site of the Department of Infrastructure, Planning and Natural Resources, and
(b) copies of the guidelines as in force from time to time to be made available for inspection by members of the public during ordinary business hours at such places as the Minister directs.
A failure to comply with subsection (9) does not affect the validity of any guidelines established under this section.
In this section:
Insert at the end of the section:
A person must not take water from a water source specified in a direction under section 323 if the taking of the water contravenes a prohibition or restriction specified in the direction.
(Section 3)
Insert after section 4 (1):
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.
Omit “in equal shares” from section 63 (6) (b).
Insert instead “with the entitlements conferred by the licence under section 56 apportioned equally between the tenants”.
Omit the subsection.
Omit section 64 (2).
Insert after Division 3 of Part 2 of Chapter 3:
The Minister is to keep a Water Access Licence Register for the purposes of this Act (the
In the Access Register, there is to be a division recording the matters specified in section 71A (1) (the
The Access Register is to be kept in the form and manner determined by the Minister.
Without limiting subsection (3), the Access Register may be kept in the form of a computer record.
The following matters relating to an access licence (including a replacement access licence) or a holding in an access licence must be recorded in the General Division of the Access Register:
(a) Ministerial action in relation to the licence or holding,
(b) any general dealing in the licence or holding,
(c) any dealing on default in relation to the licence or holding,
(d) any caveat lodged in relation to the licence or holding,
(e) any security interest held over the licence or holding,
(f) any devolution of the licence or holding as referred to in section 72,
(g) any alteration in co-holder’s tenancy arrangements in relation to the licence or holding, as referred to in section 73,
(h) any other matter prescribed by the regulations.
The following matters are to be recorded in the Assignment Division of the Access Register in such manner as the Minister considers appropriate:
(a) any assignment dealing in an access licence,
(b) any other matter prescribed by the regulations.
Any matter required to be recorded in the General Division of the Access Register:
(a) has no effect unless it is so recorded, and
(b) takes effect on being recorded.
An assignment dealing in relation to an access licence takes effect when details of the assignment are entered in the water allocation account for the access licence.
Schedule 1A has effect.
A registered security interest over an access licence (or a holding in an access licence that is held as a tenancy in common) is created by:
(a) execution of an instrument in the approved form evidencing the existence of a security interest over the licence or holding, and
(b) registering the security interest by recording it in the Access Register in accordance with Part 1 of Schedule 1A.
A security interest has no effect until recorded in the Access Register—see sections 71A (1) (e) and 71B.
Subsection (1) does not apply to:
(a) a specific purpose access licence, or
(b) a security interest referred to in clause 19 of Schedule 10.
Note— Clause 19 of Schedule 10 makes provision for the registration of security interests in access licences arising from entitlements under former legislation.
For the purposes of Chapter 7 of the Duties Act 1997:
(a) a registered security interest over an access licence or holding in an access licence is taken to be a security by way of mortgage or charge over property wholly or partly in New South Wales, and
(b) the liability date is the date on which the registered security interest is first recorded in the Access Register,
except as provided by the regulations.
The Minister may, on the application in the approved form of an affected person, record a caveat on an access licence (or holding in an access licence) in the Access Register in such manner as appears to the Minister to be appropriate.
Without limiting subsection (1), the Minister may (whether or not on the application of an affected person) record a caveat in the Access Register:
(a) on behalf of any person with a legal disability or on behalf of the Crown, or
(b) if it appears to the Minister that any error has been made by misdescription or otherwise in relation to an access licence, or to prevent any fraud or improper dealing with a licence.
In this section:
(a) the holder or a co-holder of the licence or holding,
(b) a holder of a security interest over the licence or holding (whether or not registered),
(c) a party to a dealing, or prospective dealing, in the licence or holding,
(d) a person entitled, or claiming to be entitled, to be registered as a holder or co-holder of the licence or holding by devolution as referred to in section 72,
(e) any other person of a class prescribed by the regulations.
A caveat on an access licence (or holding in an access licence) prohibits the recording in the Access Register of any general dealing, security interest or change in co-holder’s tenancy arrangements in relation to the licence or holding that interferes with the entitlements or rights in respect of the licence or holding claimed by the person by or on whose behalf the caveat is lodged (the
A caveat on an access licence or holding in an access licence does not affect the recording in the Access Register of any Ministerial action, devolution, assignment dealing or dealing on default in relation to the licence or holding.
Subsection (1) does not prohibit the registration of any matter if:
(a) the caveator consents to the registration, or
(b) a court of competent jurisdiction orders the registration, or makes an order that by necessary implication requires it, despite the caveat, or
(c) the matter is required to be registered expressly or by necessary implication by any enactment of the State or the Commonwealth, or
(d) in such other circumstances as are prescribed by the regulations.
Subsection (1) does not prohibit registration of any matter in relation to the access licence or holding in an access licence the subject of a caveat if the matter was lodged for registration before the caveat was lodged.
Part 2 of Schedule 1A contains further provisions with respect to caveats.
The Minister may require the access licence certificate for an access licence to be produced to the Minister before the Minister records any dealing, security interest or changes to co-holder’s tenancy arrangements under the licence in the Access Register.
The Minister may, on application made by a person in the approved form for a search of any information recorded in the Access Register, cause:
(a) a search to be made of the Access Register, and
(b) a certificate of the result of the search to be issued to the person.
The search is to be authenticated in such manner as the Minister considers appropriate.
The Minister is not required to cause a search to be carried out, or a certificate to be issued, under this section, unless:
(a) the approved fee (if any) for the search or certificate has been paid, or
(b) the Minister is satisfied that the fee will be paid in accordance with arrangements approved by the Minister.
The Minister may, on such evidence as the Minister considers sufficient, correct an error, omission or defect, or amend for any other reason, any recording in the Access Register.
The Minister is to make the information recorded in the Access Register available to any member of the public at the times and in the manner and on payment of the fee (if any) approved by the Minister.
The information may be made available in accordance with such conditions as are determined by the Minister.
The conditions may:
(a) require the payment, whether on a periodic or other basis, of fees and charges, and
(b) restrict access to information in the Access Register or any part of the Register.
A person who is dissatisfied with any decision of the Minister in relation to the keeping of the Access Register may apply to the Minister for a copy of the Minister’s reasons for the decision.
It is the Minister’s duty to provide the person with those reasons.
Omit section 71A. Insert instead:
A general dealing in an access licence or holding in an access licence that requires the Minister’s consent takes effect as follows:
(a) application is made to the Minister in the approved form, and accompanied by the approved fee, for consent to the dealing,
(b) the Minister grants consent, but only if:
(i) the dealing complies with section 71Y (General) and with the other provisions of this Division that are applicable to the dealing, and
(ii) in the case of an access licence that is co-held—each co-holder of the licence has (subject to sections 71M and 71N) consented to the application,
(c) if an access licence or holding in an access licence is subject to a registered security interest, the security holder consents to the recording of the dealing in the Access Register,
(d) application is made to the Minister in accordance with subsection (2) to record the dealing in the Access Register,
(e) the dealing takes effect on registration (subject to and in accordance with this Act) in the Access Register.
An application to record a dealing requiring the Minister’s consent in the Access Register must be lodged with the Minister within 6 months (or such other period as is prescribed by the regulations) after consent is granted. Consent is taken to be revoked if an application is not lodged within that period.
A dealing on default or general dealing in an access licence or holding in an access licence that does not require the Minister’s consent takes effect as follows:
(a) in the case of a general dealing in an access licence that is co-held—each co-holder of the licence has (subject to sections 71M and 71N) consented to the recording of the dealing in the Access Register,
(b) in the case of a general dealing in an access licence or holding in an access licence that is the subject of a registered security interest—consent to the recording of the dealing in the Access Register is obtained from the security holder,
(c) in the case of a dealing in default in an access licence or holding in an access licence—the dealing complies with section 71X (1),
(d) the dealing on default or general dealing complies with any other provisions of this Division that are applicable to the dealing,
(e) an application is made to the Minister to record the dealing in the Access Register,
(f) the dealing takes effect on registration (subject to and in accordance with this Act) in the Access Register.
An assignment dealing in an access licence takes effect as follows:
(a) an application is made to the Minister in the approved form for consent to the dealing,
(b) if the Minister grants consent, details of the assignment are entered in the water allocation account for the access licence and the dealing takes effect on that entry.
Access licences may be transferred in accordance with this section.
A local water utility access licence may be transferred only if the transferee is a local water utility.
A major utility access licence may be transferred only if the transferee is a major water utility.
The consent of the Minister is required before:
(a) the transfer of an access licence of a category or subcategory prescribed by the regulations, or
(b) the transfer of an access licence in circumstances prescribed by the regulations.
The consent of the proposed transferee is required before the transfer of any access licence.
Two or more co-holders of an access licence that is transferred under this section are taken to hold the licence in the way recorded in the Access Register.
This section applies to the transfer of a holding in an access licence in the same way as it applies to the transfer of an access licence held by a single person. However, holdings in access licences may be transferred only if the co-holders hold as tenants in common.
A person who is the holder of a holding in an access licence may transfer it without the consent of any other persons who are co-holders of the access licence concerned.
This section applies to access licences except local water utility access licences and major utility access licences.
The holder of an access licence to which this section applies (the
The consent of the proposed transferee to the term transfer is required.
The consent of the Minister is required before:
(a) the term transfer of an access licence of a category or subcategory prescribed by the regulations, or
(b) the term transfer of an access licence in circumstances prescribed by the regulations.
During the period for which a term transfer has effect, the transferee is taken to be the holder of the access licence concerned (to the exclusion of the actual holder of the licence) for the following purposes:
(a) any entitlements conferred by the licence on the holder of the licence,
(b) the payment of fees and charges under the licence,
(c) compliance with the terms and conditions of the licence,
(d) compliance with any order or direction issued under this Act with which the holder of the licence must comply,
(e) section 341 (Unlawful taking of water),
(f) an application under section 71W (Access licence may nominate water supply works) or 71T (Assignment of water allocations between access licences),
(g) any other purpose prescribed by the regulations.
The period for which a term transfer is in force may be reduced with the consent of the transferee.
Despite subsection (6), the Minister may consent to a reduction of the period of a term transfer without the consent of the transferee if satisfied that the transferee has failed to comply with any obligations imposed on the transferee under subsection (5).
During the period for which a term transfer is in force, the actual holder of the licence is entitled to apply in accordance with this Act for registration of any dealing with respect to the licence, but, in the case of a dealing other than a dealing under section 71M, only with the written consent of the transferee.
This section applies to a term transfer of such water entitlements as are conferred by a holding in an access licence in the same way as it applies to the transfer of the whole of the water entitlements conferred by an access licence. In so applying this section, a reference in this section to the holder of an access licence is to be read as the holder of the holding in the access licence.
However, holdings in access licences may be the subject of a term transfer only if the co-holders hold as tenants in common.
A person who holds a holding in an access licence may transfer such water entitlements as are conferred by the holding without the consent of any of the other co-holders of the access licence.
Omit section 71B (1). Insert instead:
On the application of the holder of an access licence, the Minister may consent to the cancellation of the licence and the grant of a new licence of a different category or subcategory.
Omit the subsection.
Omit section 71C (1). Insert instead:
On the application of the holder of the access licence or access licences concerned, the Minister may consent:
(a) to the subdivision of an access licence—by cancelling the licence and granting two or more access licences in its place, or
(b) to the consolidation of two or more access licences that relate to the same water management area or water source and are of the same category or subcategory—by cancelling the licences and granting a single licence in their place.
Omit the subsection.
Omit section 71D (1)–(3). Insert instead:
On the application of the holder or holders of two or more access licences of the same category with respect to the same water management area or water source, the Minister may consent to the assignment of rights between the access licences concerned by:
(a) reduction of the share or extraction component, or both, of one or some of the licences, and
(b) a corresponding increase in the share or extraction component, or both, of the others.
Omit the subsection.
Omit section 71E (1). Insert instead:
On the application of the holder of an access licence, the Minister may consent to the cancellation of the access licence and the grant of a new access licence with a share component specifying a different water source or water management area.
Omit the subsection.
Omit “amend” from section 71F (1).
Insert instead “consent to the amendment of”.
Omit section 71G (5).
Omit section 71H (2). Insert instead:
On an application made pursuant to such an agreement, the Minister may consent to the grant or cancellation of an access licence to give effect to such a transfer.
Omit the paragraph.
Omit section 71I (2). Insert instead:
On an application made pursuant to such an agreement, the Minister may consent to the crediting of water allocations to an access licence, or the debiting of water allocations from an access licence, to give effect to such an assignment.
Omit “amend”. Insert instead “consent to the amendment of”.
Insert after section 71J:
A security holder (or a receiver referred to in section 115A of the Conveyancing Act 1919) may transfer the access licence or holding in an access licence over which the security interest is held under this section if:
(a) default is made in the payment of any debt or performance of any other obligation under a contract or other legally enforceable arrangement secured by the security interest, and
(b) notice is served, in accordance with the regulations, on the holder or co-holder of the licence who is in default (the
defaulter ), on any other person having a registered security interest (whether or not having less priority), or who has registered a caveat, over the licence or holding and on the Minister, and(c) the defaulter fails, for a period of not less than 30 days after service of the notice, to rectify the default, and
(d) the security holder or receiver offers the licence or holding for sale, and
(e) the security holder or receiver takes all reasonable steps to secure the highest possible amount by the sale, and
(f) application is made to the Minister in the approved form, to record the transfer of the licence or holding in the Access Register to give effect to the sale, or, if the security holder is unable to realise the money secured by the security interest by sale after taking all reasonable steps to do so, to record the transfer of the licence or holding to the security holder in the Access Register.
The purchase money from a sale under this section is to be applied as follows:
(a) firstly, in payment of any outstanding fees, charges or civil penalties incurred in respect of the licence or holding,
(b) secondly, in payment of the expenses of the sale and costs of the transfer,
(c) thirdly, in payment of money then due or owing to any holders of registered security interests over the licence or holding in order of their priority,
(d) fourthly, in payment of any residue to the defaulter.
For the purposes of a transfer under this section, the security holder is taken to be the holder or co-holder of the licence and, accordingly:
(a) the security holder may do any thing necessary to effect the transfer and may give any discharge to the transferee that could be given by the holder or co-holder of the licence, and
(b) the transferee need make no enquiry in relation to the sale that the purchaser would not be required to make of the holder or co-holder of the licence.
On registration of the transfer, the licence or holding is held by the transferee freed and discharged from the registered security interest and any other registered security interest over the licence or holding of less priority. Otherwise the transferee holds the licence or holding with an equivalent interest in the licence or holding to the interest held by the defaulter and subject to the same conditions and obligations (including the payment of any outstanding fees, charges or civil penalties incurred in respect of the licence or holding) to which the defaulter would, but for the transfer, be subject under this Act.
An affected person may apply, in accordance with rules of court, to the Land and Environment Court for an order prohibiting the registration of the transfer of an access licence or holding in an access licence under this section. The Court may make such an order if it is satisfied that the security holder or receiver has failed to comply with the requirements of subsection (1) or (2) with respect to the transfer of the licence or holding.
If a security holder or receiver fails to comply with the requirements of subsection (1) or (2) with respect to the transfer of an access licence or holding in an access licence under this section, the security holder is liable to pay to any affected person who suffers pecuniary loss that is attributable to that failure compensation with respect to that loss.
The compensation is recoverable in proceedings in the Land and Environment Court by the person who claims to have sustained the loss.
In this section:
Omit “under this Division” from section 71K (1).
Insert instead “for the Minister’s consent to a general dealing or dealing on default”.
Omit the subsection.
Omit “section 71E”. Insert instead “section 71R”.
Renumber sections 71B–71J and 71K and 71L as sections 71O–71W and 71Y and 71Z, respectively, and insert after the heading to each section, with appropriate reference numbers, the matter “(cf former s )”.
Insert after Division 4 of Part 2 of Chapter 3:
A person to whom an access licence or holding in an access licence has devolved by operation of law may apply to the Minister in the approved form to be recorded in the Access Register as the holder or a co-holder of the licence or holding.
Without limiting subsection (1), such an application may be made:
(a) by an executor, administrator or other person claiming to be entitled to be registered on the death, will or intestacy of the holder or co-holder of the licence or holding, or otherwise, as the holder or co-holder, or
(b) by or on behalf of a person who was a co-holder as joint tenant of an access licence or holding in an access licence on the death of a person recorded in the Access Register with the person as a co-holder as joint tenant of the licence or holding, or
(c) by or on behalf of a person that a court has ordered is to be recorded in the Access Register as the holder or co-holder of the licence or holding.
The application must be supported by such evidence of the applicant’s entitlement to be recorded in the Access Register as a holder or co-holder as the Minister may require.
The Minister is to record the person as the holder or co-holder of the licence or holding:
(a) if satisfied that the applicant is entitled to be recorded in the Access Register as the holder or co-holder, and
(b) if nothing recorded in the Access Register prevents the registration.
This section applies to 2 or more persons to whom rights have devolved in the same way as it applies to a single person to whom rights have devolved.
A co-holder of an access licence (whether held as joint tenant or tenant in common) may apply to the Minister in the approved form to record an alteration in the way in which the licence is held by the co-holders (the
The alteration to the co-holder’s tenancy arrangement takes effect when it is recorded in the Access Register.
The Minister must not record the alteration unless:
(a) each co-holder of the licence that is affected by the alteration has consented to it being recorded, and
(b) any holder of a security interest over the licence or a holding in the licence that is affected by the alteration has consented to it being recorded.
Subsection (3) (a) does not apply where a joint tenant unilaterally wishes to sever a joint tenancy by relinquishing the joint tenancy.
The Minister may require an applicant to verify any information provided for the purposes of this section by statutory declaration.
Omit the heading to the Division and sections 83, 83A and 86.
Insert before section 88:
The Minister may from time to time issue a certificate in the approved form in respect of an access licence (an
If the Minister issues an access licence certificate, the Minister must cancel, wholly or partially as the case requires, any access licence certificate superseded by the new certificate that is available to the Minister. For that purpose, the Minister may require production to the Minister of the superseded certificate.
If an access licence certificate is lost, mislaid or destroyed, the person to whom it was issued (or a person having legal authority to act on the person’s behalf) may apply in the approved form to the Minister for the issue of a new access licence certificate.
The application is to be supported by such evidence as the Minister may require.
The Minister may, if satisfied that an access licence certificate has been lost, mislaid or destroyed, issue a new access licence certificate or new access licence certificates for the licence or holding in an access licence to which the lost, mislaid or destroyed certificate relates and may record in the Access Register that the new certificate or certificates have been issued.
Insert after section 88 (d):
the recording of any dealing, caveat, security interest, devolution, change in co-holder’s tenancy arrangements or other matter in relation to an access licence or holding in an access licence in the Access Register.
Insert at the end of section 88:
Without limiting subsection (1) (e), the regulations may, for the purposes of this Part, apply, adopt or incorporate, whether with or without modification, any provision of the Real Property Act 1900 or the regulations made under that Act.
The regulations may exclude a specified class of licence granted under this Act from the operation of section 11 (1) (h) of the Duties Act 1997.
Insert at the end of section 113 (1) (b):
, and
every agreement entered into by landholders under section 101 (2).
Insert after section 347:
A person must not:
(a) fraudulently obtain, or assist in fraudulently obtaining, the issue or delivery of an access licence certificate, or a recording in the Access Register, or any alteration in any instrument or approved form issued by the Minister, or
(b) fraudulently use, or assist in fraudulently using, any approved form issued by the Minister, or
(c) by any false statement or misrepresentation obtain, or attempt to obtain, an access licence certificate or instrument evidencing any matter that may be recorded in the Access Register.
Any recording in the Access Register obtained in contravention of this section is void as between all parties to the fraud.
Insert after section 368 (1) (f):
a decision:
(i) in relation to the recording of any matter in the Access Register, or
(ii) in relation to the issue of any access licence certificate,
Insert before Schedule 1:
(Section 71C)
The Minister registers an access licence granted by the Minister under section 63 by recording in the Access Register in such form as the Minister considers appropriate the following:
(a) the name of each holder or co-holder of the access licence,
(b) details of entitlements conferred on the holder or co-holders by the licence,
(c) if the licence is co-held, details of the arrangements under which the licence is held by the co-holders (the
co-holder’s tenancy arrangement ),(d) any water supply work, or group of water supply works, nominated as a work or group of works by means of which water allocations under the licence may be taken.
The Minister registers any Ministerial action (other than the grant of an access licence under section 63) by recording in the Access Register the details of the action in such form as the Minister considers appropriate.
The Minister must not register an access licence or any Ministerial action until:
(a) the end of the time permitted by section 368 (3) for making an appeal with respect to the decision to grant the licence, or
(b) if an appeal is made against the decision within that time, at or after the time the appeal is finally disposed of.
The Minister may include in the Access Register such other information about the holder of an access licence and the conditions of, and other matters relating to, the licence as the Minister considers appropriate.
A party to a dealing in an access licence or holding in an access licence may make an application to the Minister in the approved form for the dealing to be registered in the Access Register.
The application must be accompanied:
(a) by an instrument evidencing the dealing, and
(b) by such other documents (if any) as the Minister may require, and
(c) by such fee (if any) as approved by the Minister.
This clause has a similar effect in relation to registration of dealings in access licences and holdings in access licences to the effect section 41 of the Real Property Act 1900 has in relation to registration of dealings in estates or interests in land.
The Minister must (unless anything recorded in the Access Register prevents the registration of the dealing):
(a) register the dealing by recording in the Access Register the particulars of the names of the parties to the dealing and a description of the dealing, and
(b) endorse on the instrument evidencing the dealing the fact of the entry having been made, together with the date and time of the making of the entry.
A security holder may apply to the Minister in the approved form for the security interest to be recorded in the Access Register as a registered security interest.
The application must be accompanied:
(a) by an instrument or instruments evidencing the security interest, and
(b) by such other documents (if any) as the Minister may require, and
(c) by such fee (if any) as is approved by the Minister.
This clause has a similar effect in relation to registration of security interests in access licences and holdings in access licences to the effect section 41 of the Real Property Act 1900 has in relation to registration of dealings in estates or interests in land.
The Minister must (unless any thing recorded in the Access Register prevents the registration of the security interest):
(a) register the security interest by recording in the Access Register the particulars of the name of the holder of the interest and a description of the interest, and
(b) endorse on the instrument evidencing the security interest the fact of the entry having been made, together with the date and time of the making of the entry.
The Minister is to register the security interest without inquiring into, or being concerned with, the legal effect of the instrument evidencing it.
The Minister may, on application in the approved form by the holder of a registered security interest, remove the security interest from the Access Register or amend details recorded in relation to it.
The Minister may include in the Access Register such other information about a registered security interest as the Minister considers appropriate.
Except as provided by clause 19 of Schedule 10, an earlier registered security interest has priority, for all purposes, over a later registered security interest.
Subclause (1) is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of Chapters 2K and 5 of that Act.
Subclause (2) ensures that the priorities established by subclause (1) are not over-ridden by the provisions of the Corporations Act 2001 with respect to the distribution of assets of a corporation that is being wound up under that Act.
For the purposes of this Act, a person is not taken to hold an interest in an access licence or a holding in an access licence held by a corporation merely because the person is a shareholder in the corporation.
A caveat may be withdrawn at any time by:
(a) the caveator, or
(b) a person with legal authority under a law of this State or any other place to act on behalf of the caveator, or
(c) by any other person, or person belonging to a class of persons, prescribed by the regulations.
The withdrawal is to be in the approved form.
A caveat is taken to have had effect from the time at which it is lodged with the Minister.
A caveat ceases to have effect if:
(a) the Land and Environment Court makes an order for its removal on an appeal under section 368, or
(b) the caveat is withdrawn, or
(c) the caveator is given notice under clause 7 and 21 days have passed since the notice was given.
Subclause (2) (c) does not apply if, before the end of the 21 days the caveator:
(a) obtains an order from the Land and Environment Court extending the caveat for such further period as is specified in the order or until the further order of the Court, and
(b) lodges a copy of the order certified by a proper officer of the Court with the Minister.
If a general dealing, dealing on default, security interest or change in co-holder’s tenancy arrangements in relation to an access licence or holding in an access licence that is the subject of a caveat is lodged with the Minister, or the holder of an access licence or holding in an access licence so requests, the Minister must notify the caveator that it has been lodged.
The Minister is not required to give notice if:
(a) the caveator is a party to the dealing, or
(b) the caveator has specified the class of matters the caveator wants to receive notice of and the matter falls outside that class, or
(c) if the caveator has changed address since lodging the caveat and has not notified the Minister of the change.
The Land and Environment Court may:
(a) order the withdrawal of a caveat from an access licence or holding in an access licence, or
(b) order the Minister to register a general dealing, dealing on default, security interest or change in co-holder’s tenancy arrangements in relation to an access licence or holding despite the caveat, or
(c) extend the period provided for by clause 6, or
(d) make such further or other orders as it thinks fit.
Any person who, without reasonable cause:
(a) lodges a caveat with the Minister under this Schedule, or
(b) procures the lapsing of a registered caveat, or
(c) being the caveator, refuses or fails to withdraw a caveat after being requested to do so,
is liable to pay to any person who sustains pecuniary loss that is attributable to that act, refusal or failure compensation with respect to that loss.
The compensation is recoverable in proceedings in a court of competent jurisdiction by the person who claims to have sustained the loss.
A caveator is not entitled to bring proceedings under subclause (1) (b) if the caveator, having had an opportunity to do so, has failed to take all reasonable steps to prevent the caveat from lapsing.
The Minister may require any person who may have possession or control of an instrument relating to an access licence or holding in an access licence that is the subject of any matter that may be recorded in the Access Register to produce the instrument.
The Minister may retain an instrument relating to an access licence that is the subject of any matter that may be recorded in the Access Register (whether or not produced under subclause (1)) until it is no longer required for action in connection with an application for registration of the matter in the Access Register.
The Minister may refuse to accept, or record in the Access Register, a dealing, an application for consent to a dealing or a security interest, caveat, devolution or change in co-holder’s tenancy arrangements in relation to an access licence or holding in an access licence if:
(a) it is not in the approved form or does not comply with any requirement made by or under this or any other Act with respect to the making or execution of such a matter, or
(b) the Minister requests the production of the access licence certificate for the access licence for the purpose of recording the matter in the Access Register and it is not produced, or
(c) the application concerned is not accompanied by the approved fee (if any) for the matter concerned.
The Minister may, by notice in writing served on a person at the person’s last known address, require the person to deliver up an access licence certificate or an instrument evidencing any matter that may be recorded in the Access Register for the purpose of the certificate or instrument being cancelled or corrected if the Minister is satisfied that:
(a) the certificate has been issued to the person in error or contains any misdescription of an access licence or holding in an access licence, or
(b) a recording has been made in error in the Access Register, or
(c) the certificate or recording in the Access Register has been fraudulently or wrongfully obtained by the person, or
(d) the certificate or instrument is fraudulently or wrongfully retained by the person.
If the person:
(a) cannot be found for the giving of such notice of requirement, or
(b) having been given such notice does not comply with the requirement,
the Minister may, if the Minister thinks fit, commence proceedings against the person in the Land and Environment Court for an order that the person (the
The Court may order that service on the defendant of the originating process and of all other documents in the proceedings be dispensed with.
Subject to the Land and Environment Court Act 1979, the Court must not order that service on the defendant be dispensed with unless the Court is satisfied that:
(a) the defendant cannot be found in New South Wales, or
(b) it is uncertain whether the defendant is living.
The Court may order the personal attendance before it of the defendant.
On the personal appearance of the defendant before the Court, the Court may examine the defendant on oath.
The Court may order the defendant to deliver up to the Minister, within such time as the Court may fix, the access licence certificate or instrument evidencing the matter.
Insert in alphabetical order:
(a) an assignment of water allocations to or from the water allocation account for an access licence as referred to in section 71T,
(b) the crediting or debiting of water allocations to or from an access licence to give effect to an interstate assignment of water allocations as referred to in section 71V.
(a) the transfer of the licence or holding from one person to another, as referred to in section 71M,
(b) the term transfer of the water entitlements conferred by the licence or holding from one person to another, as referred to in section 71N,
(c) the grant of a new access licence of a different category or subcategory, as referred to in section 71O,
(d) the grant of an access licence arising from a subdivision or consolidation, as referred to in section 71P,
(e) the assignment of rights in the licence, as referred to in section 71Q,
(f) the grant of a new access licence after amendment of the share component of the licence, as referred to in section 71R,
(g) the amendment of the extraction component of an access licence, as referred to in section 71S,
(h) the grant or cancellation of an access licence to give effect to the interstate transfer of an access licence, as referred to in section 71U,
(i) the amendment of the licence to nominate a specified water supply work, or group of water supply works, as a means by which water allocations under the licence may be taken, as referred to in section 71W,
(j) such other dealings as are prescribed by the regulations.
(a) the grant of an access licence under section 63,
(b) the issue of a replacement access licence (within the meaning of Schedule 10) arising from the operation of that Schedule,
(c) the amendment or revocation of the conditions of an access licence under sections 66–68,
(d) the amendment of the share or extraction component of an access licence under section 68A,
(e) the surrender of an access licence under section 77,
(f) the cancellation of an access licence under section 77A,
(g) the suspension or cancellation of an access licence under section 78,
(h) the compulsory acquisition of an access licence under section 79,
(i) any other action in relation to an access licence or holding in an access licence prescribed by the regulations.
Omit the definition. Insert instead in alphabetical order:
(Section 3)
Omit “and the maximum credit that may be allowed to accumulate in any account” from section 21 (c).
Insert instead “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”.
Omit section 55A (1). Insert instead:
This Part applies to:
(a) each part of the State or each water source, and
(b) each category or subcategory of access licence that relates to that part of the State or that water source,
that is declared by proclamation to be a part of the State or water source, and category or subcategory of access licence, to which this Part applies.
Insert at the end of section 56 (2) (c):
, or
as a specified number of units.
Omit the section. Insert instead:
There are the following categories of access licences:
(a) regulated river (high security) access licences,
(b) regulated river (general security) access licences,
(c) regulated river (conveyance) access licences,
(d) unregulated river access licences,
(e) aquifer access licences,
(f) estuarine water access licences,
(g) coastal water access licences,
(h) supplementary water access licences,
(i) major utility access licences,
(j) local water utility access licences,
(k) domestic and stock access licences,
(l) such other categories of access licence as may be prescribed by the regulations.
Subcategories of any category of access licence may be prescribed by the regulations.
Omit “
Omit section 61 (1). Insert instead:
A person may apply to the Minister for an access licence if:
(a) the application is for a specific purpose access licence and the regulations provide, or a management plan provides, that an application for the licence may be made, or
(b) the application is for an access licence with a zero share component (as referred to in section 63 (5)), or
(c) the person has acquired the right to apply for the licence under section 65.
Omit the subsection.
Omit section 63 (8) and (9).
Omit the section. Insert instead:
The Minister may, by order published in the Gazette, declare that the right to apply for an access licence for a specified water management area or water source is to be acquired by auction, tender or other means specified in the order.
An order under this section:
(a) may relate to one or more particular access licences, or a particular class of access licences or all access licences, for a specified water management area or water source, and
(b) may specify a limited period for which such an access licence is to have effect.
If a management plan so provides, the Minister may grant a licence of a category or subcategory determined by the Minister to the Minister, a catchment management authority or other public body without the need for an application to be made for the licence in accordance with this Part.
The Minister must impose a condition on a licence granted under subsection (3) to the effect that the water credited from time to time to the licence must be used for environmental purposes either generally or at specified times or in specified circumstances.
Section 45 (2) enables the Minister to amend a management plan for the purpose of enabling the granting of licences in certain circumstances containing conditions for adaptive environmental water use.
Omit “Minister’s plan” from section 66 (1) (a). Insert instead “this Act”.
Insert after section 66 (2):
When granting a specific purpose access licence, the Minister is to impose a condition on the licence so as to ensure that the licence is used for the purpose for which it is granted. Such a condition may limit the operation of the licence to a particular location.
Insert after section 68:
The Minister may amend the share component or extraction component of an access licence in accordance with the relevant management plan.
The Minister must cause written notice of an amendment of an access licence under this section to be served on the holder of the licence and any security holder in relation to the licence.
An amendment under this section has no effect until it is recorded in the Access Register.
The holder of an access licence that is amended in accordance with this section may be entitled to compensation under section 87.
Omit sections 69 and 70. Insert instead:
An access licence ceases to be in force on the date that the cancellation of the licence is recorded in the Access Register.
Insert at the end of the section:
A water supply work or group of water supply works situated in another State or Territory may be nominated for an access licence so long as the operation of the work or works is lawful in the place in which the work or works is or are situated and an arrangement is in place (as referred to in section 391A) between the Minister and a Minister of the other State or Territory concerned.
Omit section 77 (3). Insert instead:
If the notice of surrender of an access licence provides that the surrender is not to take effect until after a date specified in the notice, the Minister is not to record the surrender under section 71A in the Access Register before that date.
The Minister must record in the Access Register that the Minister is the holder of the surrendered access licence.
Subsection (4) does not prevent the Minister from subsequently dealing with a surrendered access licence in any manner that a holder of the licence may deal with it (for example, transferring the licence).
Insert after section 77:
The Minister is to cancel a supplementary access licence when the relevant management plan ceases to make provision for the extraction of water under such an access licence.
The Minister is to cancel a specific purpose access licence if the Minister is of the opinion that the purpose for which the licence was granted no longer exists.
The regulations may prescribe criteria which the Minister is to consider when determining under subsection (2) whether the purpose for which a specific purpose access licence was granted no longer exists.
The Minister is to cancel an access licence of a category prescribed by regulations referred to in section 57 (1) (l) (other than a specific purpose access licence) if the regulations prescribe the period for which such a licence is to have effect and the period has expired.
The Minister is to cancel an access licence if the period for which the licence is to have effect was specified in an order under section 65 and the period has expired.
The Minister may cancel any access licence of which the Minister is the holder.
Omit section 78 (1) (c). Insert instead:
if any fees, charges or civil penalties in respect of the licence have not been paid, whether or not those fees, charges or civil penalties were incurred by the current holder of the licence.
Omit the subsection. Insert instead:
During any period of suspension of an access licence:
(a) the holder of the licence is not authorised by the licence to order or take any water credited to the water allocation account for the licence, and
(b) the holder of the licence is not entitled to apply for the registration of any dealing with respect to the licence, and
(c) appropriate water allocations continue to accrue to the account for the licence, and
(d) fees and charges payable under this Act in respect of the licence will continue to apply.
Omit the subsection.
Insert after section 78:
Action under section 77A or 78 may not be taken in relation to an access licence unless the Minister:
(a) has given written notice to the holder of the access licence, and if there are security holders in relation to the access licence to those security holders, that the Minister proposes to take such action, and
(b) has given any such person that has been notified a reasonable opportunity to make submissions to the Minister with respect to the proposed action, and
(c) has taken any such submissions into consideration.
Subsection (1) (b) and (c) do not apply to the cancellation of an access licence under section 77A (1), (4), (5) or (6).
Despite subsection (1), a security holder is not entitled to make a submission in relation to the proposed suspension or cancellation of an access licence other than a submission to the effect that the security holder is prepared to make arrangements satisfactory to the Minister for the payment of any outstanding fee, charge or civil penalty if such payment would result in the Minister not proceeding with the suspension or cancellation.
Omit the Division.
Omit sections 84 and 85. Insert instead:
The Minister is to cause a register to be kept of each available water determination made under section 59.
The regulations may make provision for or with respect to the form in which such a register is to be kept and the particulars that are to be recorded in such a register.
The register must be made available for public inspection during normal business hours at such places as may be prescribed by the regulations.
For each access licence, the Minister is to cause an account to be kept of:
(a) the water allocations that are acquired under section 71T or 71V in relation to the licence or otherwise credited from time to time to the licence, and
(b) the water allocations that are taken or assigned under section 71T or 71V or otherwise debited or withdrawn from time to time in relation to the licence, and
(c) the water allocations that are recredited to the licence from time to time under section 76.
Water allocations are to be credited to the account for an access licence in accordance with any relevant available water determination.
Despite subsection (2), an amount of water may be credited to the account for an access licence as a result of arrangements made with the Minister for the early release of water by Snowy Hydro Limited. However, the same amount of water as is so credited is to be debited subsequently in accordance with the directions of the Minister.
The first amount of water to be credited to the account of an access licence granted part of the way through an accounting period is to bear the same proportion to the amount of available water that would be allocated to the licence if it had existed for the whole of the accounting period as the part of the accounting period remaining when the licence was granted bears to the whole of the accounting period.
Water allocations in an account may be withdrawn by the Minister to the extent provided by the relevant management plan, as referred to in section 21 (c).
The regulations may make provision for or with respect to the form in which an account is to be kept under this section and the particulars that are to be recorded in such an account.
This section applies to a water source in respect of which a management plan makes provision for the taking of water from uncontrolled flows.
The Minister may, by order in writing, authorise the holders of regulated river (high security) access licences or regulated river (general security) access licences, or both, that relate to a water source to which this section applies to take water from the water source that has not been credited to the accounts of those licences.
This clause applies if:
(a) immediately before the appointed day, an entitlement applied to more than one water source, work or activity, and
(b) on or after that day, the entitlement continues to apply to a water source, work or activity but is partially replaced by an access licence or approval in respect of some other water source, work or activity.
Subject to this Schedule, the entitlement and replacement access licence or approval are each taken to be subject to a condition that limits the total quantity of water that may be taken and used under both of them to not more than the total quantity of water authorised to be taken and used under the entitlement immediately before the replacement access licence or approval first came into effect.
Subclause (2) does not apply to a local water utility access licence.
On, or as soon as practicable after, the appointed day, the Minister must issue to a local water utility that, immediately before the appointed day, held one or more entitlements for town water supply purposes:
(a) for each specified water source to which Part 2 of Chapter 3 applies:
(i) one access licence, or
(ii) if the entitlements relate to more than one water supply scheme, one access licence for each such scheme, and
(b) one or more water supply work approvals to cover all water supply schemes situated on land to which Part 3 of Chapter 3 applies, and
(c) one water use approval to cover each water supply scheme situated on land to which Part 3 of Chapter 3 applies, being land supplied with water by the local water utility.
The share component of an access licence referred to in subclause (1) (a) is to be expressed as a specified volume per year.
Subject to subclauses (4) and (5), the specified volume in relation to the access licence may be any of the following:
(a) the quantity of water specified in the former entitlements immediately before the appointed day,
(b) a quantity of water calculated by reference to the nature and extent of the area to which the licence relates:
(i) having regard to population levels, geographical location and current water usages, and
(ii) assuming that reasonable demand management strategies are implemented in that area,
(c) a quantity of water calculated on the basis of the current yield of the water management works under the control or management of the local water utility by which the licence is taken to be held.
The yield referred to in subclause (3) (c) is to be determined with regard to historical stream flow data, and with regard to drought management strategies and demand management practices established by the local water utility concerned.
In the case of an access licence whose specified volume is greater than the quantity of water currently taken and used under the former entitlements, the Minister may at any time impose a condition on the access licence to the effect that water in excess of that quantity, or in excess of such greater quantity as the Minister may determine, is not to be taken, used or assigned except with the consent of the Minister.
Such a condition is not to be imposed unless the Minister is satisfied that the imposition of such a condition is necessary in the public interest.
The Minister has absolute discretion as to whether or not to grant consent to the assignment of excess water, as referred to in subclause (5), and, in particular, is not subject to any limitation under section 71Y as to the manner in which an application for such consent is dealt with.
If a former entitlement relates partly to a water source to which Part 2 of Chapter 3 applies and partly to some other water source, the share components for the replacement access licences arising under this clause are not to include any quantity of water covered by an entitlement remaining under the 1912 Act.
If more than one access licence is issued to a local water utility under this clause, the Minister may impose on each access licence a condition limiting the total quantity of water that may be taken and used under those licences.
In this clause,
To the extent to which, immediately before the appointed day, an entitlement allowed water taken by a person or body to be used for town water supply and one or more other purposes, the entitlement is taken to have been replaced by the following water use approvals:
(a) an approval entitling the appropriate local water utility (or such other person or body as is responsible for town water supply in that area) to use water for town water supply,
(b) an approval entitling the firstmentioned person or body to use water for the other purposes (but only on the land to which the entitlement relates).
An approval referred to in subclause (1) is subject to such of the conditions of the entitlement as are applicable to an approval of that kind.
This clause applies to a private water trust’s right, pursuant to Part 3 of the 1912 Act, to take and use water conserved or obtained by a work administered and managed by the private trust (being a right saved by clause 16 of the Water Management (Private Water Trusts—General) Savings and Transitional Regulation 1995, as in force immediately before 1 September 2002, whether or not the right is in force immediately before the appointed day) referred to in this clause as a
On the appointed day, a private water trust’s Part 3 right in relation to a water source is taken to have been replaced:
(a) to the extent to which it entitled any private water trust to take a specified quantity of water, by an access licence held by the private water trust for the quantity of water provided for in the relevant volumetric water allocation scheme under section 20W of the 1912 Act, as in force immediately before 1 September 2002, and
(b) to the extent to which it entitled the private water trust to use a specified water supply work, by a water supply work approval held by the private water trust in respect of that work, and
(c) by a water use approval entitling the private water trust to use water on the land to which the right related.
An access licence or approval referred to in subclause (2) is subject to such of the conditions of the Part 3 right as are applicable to an access licence or approval of that kind.
The location to be specified in an approval for a bore that replaces a licence under Part 5 of the 1912 Act may differ from the location specified in the licence if the bore to which the licence relates is situated elsewhere than at the location so specified.
This clause applies to any group of licences under Part 5 of the 1912 Act that, immediately before the appointed day, were linked by a condition specifying a maximum quantity of water that may be taken under all of the licences, referred to in this clause as
On the appointed day, any linked Part 5 licences are taken to have been replaced:
(a) to the extent to which they entitled any person or body to take a specified quantity of water, by a single aquifer access licence held by all the persons or bodies who held the licences for the quantity of water specified by the linking condition, and
(b) to the extent to which they entitled any person or body to use a specified water supply work, by one water supply work approval held by all the persons or bodies who held the licences in respect of works to which the linking condition related, and
(c) by one water use approval entitling all the persons or bodies who held the licences to use water on the land to which the linking condition related.
An access licence or approval referred to in subclause (2) is subject to such of the conditions of the linked Part 5 licences as are applicable to an access licence or approval of that kind.
In any group of linked Part 5 licences, the Part 5 licence last granted is taken to be the entitlement from which the replacement access licence and approvals arise for the purposes of clause 21.
An entitlement that, immediately before the appointed day, was in force under Division 4 of Part 2 of the 1912 Act is taken to have expired on that day and been replaced, to the extent to which it entitles a person or body to use water on the land to which it relates, by separate water use approvals for each person or body who is entitled to take water under the replacement access licence.
An approval referred to in subclause (1) is subject to such of the conditions of the entitlement as are applicable to an approval of that kind.
Subject to this clause, a person who, immediately before the appointed day, had an interest in an entitlement (being an interest in the nature of a security interest) is taken to have an equivalent security interest in the replacement access licence.
If the interest in the entitlement arose from a mortgage over land, the equivalent security interest in the access licence is taken to be a mortgage over the replacement access licence.
If a document in the approved form with respect to a security interest in a replacement access licence is lodged for registration in the Access Register within the prescribed period, or is subsequently lodged for registration pursuant to an order of a court in proceedings that have been commenced within that period and of which notice has been given to the Minister within that period, then on registration:
(a) it ranks, with respect to any other security interest, in the same priority as it previously ranked under section 184G of the Conveyancing Act 1919 or section 36 of the Real Property Act 1900, or under Part 2K.3 of the Corporations Act 2001 of the Commonwealth, as the case may be, and
(b) it ranks before any other security interest in the licence that arises after the appointed day, regardless of when that other security interest is registered.
A security interest in a replacement access licence in respect of which a document in the approved form is not lodged for registration in the Access Register within the time allowed by subclause (3) is taken to have been extinguished.
As soon as practicable after the commencement of this Part, the Director-General is to cause a notice containing the following matters to be published in a newspaper circulating generally in New South Wales, and in any other manner the Director-General thinks fit:
(a) that security interests in replacement access licences may be registered in the Access Register,
(b) that security interests registered in the Access Register will retain their current priority relative to other security interests,
(c) that the Director-General will act for any person claiming a security interest, at no cost to the person, in relation to the registration of the interest in the Access Register,
(d) that, before the Director-General will take action under this clause with respect to a person’s security interest, the person claiming the interest must lodge with the Director-General a written notice stating that the person has, at least 90 days before lodging the notice, advised the holder of the licence, in the form approved by the Director-General, as to the existence of the security interest claimed.
As soon as practicable after receiving written notice of a claimed security interest, the Director-General must forward the claim to the Minister for registration in the Access Register.
If an objection is received in relation to the claimed security interest, the Director-General may nevertheless forward the claim to the Minister but, in that event:
(a) the Director-General must indicate to the Minister that the claim is disputed, and
(b) the Minister must ensure that, when the interest is registered, a note to the effect that the claim is disputed is included in the Access Register in relation to the interest.
Subclause (7) (b) does not prevent the Minister from including in the Access Register such other notes as he or she considers appropriate in relation to a claimed security interest.
Duty is not chargeable under Chapter 7 of the Duties Act 1997 on any security interest arising under this clause.
Despite subclause (9), duty may become chargeable on a security interest under section 210 (2) of the Duties Act 1997 in relation to any advance or further advance referred to in that subsection that occurs after the security interest is registered in the Access Register.
In this clause,
The Minister must cause written notice of the terms of each access licence or approval arising by operation of this Schedule to be given to the holder of each such access licence or approval.
A replacement access licence or approval is to include any mandatory conditions that are required to be imposed on the licence.
A replacement access licence or approval is to be in such form as the Minister may determine.
A replacement access licence continues in force until it is cancelled.
Unless it is sooner cancelled, a replacement approval has effect for:
(a) except as provided by paragraph (b):
(i) 2 years from the appointed day, or
(ii) for the balance of the period for which its former entitlement would (but for this Schedule) have remained in force,
whichever is the longer, or
(b) if its former entitlement would (but for this Schedule) have remained in force for an indefinite period, 10 years.
Any suspension of an entitlement under the 1912 Act, the 1948 Act or the 1994 Act that was in force immediately before the appointed day continues in force under this Act, and may accordingly be revoked at any time.
This clause does not limit the operation of section 105.
A water supply work approval or water use approval replacing a permit granted under section 18H of the 1912 Act or Part 3A of the 1948 Act has effect for the balance of the period for which the permit would (but for the this Schedule) have remained in force.
Subject to subclause (2), 2 or more co-holders of a replacement access licence are taken to hold the access licence:
(a) if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b) in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.
If within 2 months after receiving a written request from the Minister to make such an election the co-holders notify the Minister in writing of the shares in which they elect to hold the access licence, the co-holders are taken to hold the access licence in the shares so notified.
In the case of a licence under section 13A or an authority under section 20CA of the 1912 Act, the holder of the replacement water management work approval may continue to exercise the rights conferred by section 13A (7) or 20CA (8) of that Act, as the case requires, but only until the approval ceases to have effect, or until the date of the first extension of the approval, as the case requires.
After that time, the continued exercise of those rights will need to be supported by an easement or other arrangement, whether negotiated by agreement between the respective landholders or imposed by means of an order under section 88K of the Conveyancing Act 1919.
On the appointed day, the balance of the water allocation account for an access licence is taken to be the balance of the water account for the former entitlement.
If more than one access licence arises from a former entitlement, the balance of the water account for the former entitlement is to be apportioned between the water allocation accounts for the access licences in accordance with the accounting practices that applied to water accounts immediately before the appointed day.
As soon as practicable after the appointed day, the Director-General must reduce the water allocation for a replacement access licence by an amount not exceeding the amount by which the water allocation for the entitlement from which the licence arises would have been reduced under section 17A, 20H, 20S, 20XA, 20XC, 117A, 117G or 189 of the 1912 Act, or under section 53, 54 or 60 of the 1994 Act, had that entitlement continued in force under the 1912 Act or the 1994 Act, as the case may be.
If the appointed day is not 1 July in any year, the Minister may, at any time before the next 1 July, make such adjustments to the water allocations standing to the credit of a replacement access licence as could have been made, in accordance with the accounting practices that applied to water accounts immediately before the appointed day, to the water allocations standing to the credit of the water account for the former entitlement.
In this clause,
Each work specified in a replacement water supply work approval is taken to have been nominated under section 71W in relation to each replacement access licence arising from the same entitlement, including any supplementary water access licence arising from or in relation to that entitlement.
Such a nomination may be withdrawn under section 71W in the same way as any other nomination under that section.
A document that is issued for the purposes of the 1912 Act, the 1948 Act or the 1994 Act to replace an entitlement that has been partially superseded by an access licence or approval is not a new entitlement but merely a restatement of the remaining entitlement.
Section 341 (1) applies only to the taking of water from those water sources to which Part 2 of Chapter 3 applies in relation to access licences.
Section 342 (1) applies only to the use of water to which Part 3 of Chapter 3 applies in relation to water use approvals.
Section 343 (1) (a) and (a1) apply only to the construction and use of a water supply work to which Part 3 of Chapter 3 applies in relation to water supply work approvals.
Section 343 (1) (b) applies only to the construction and use of a drainage work to which Part 3 of Chapter 3 applies in relation to drainage work approvals.
Section 343 (1) (c) applies only to the construction and use of a flood work to which Part 3 of Chapter 3 applies in relation to flood work approvals.
Section 344 (1) (a) applies only to the carrying out of an activity to which Part 3 of Chapter 3 applies in relation to controlled activity approvals.
Section 344 (1) (b) applies only to the carrying out of an activity to which Part 3 of Chapter 3 applies in relation to aquifer interference approvals.
A reference in section 118, 141, 199, 216 (3), 222 or 284 to an access licence or approval includes, in the case of any act, matter or thing to which the 1912 Act, the 1948 Act or the 1994 Act applies, a reference to the applicable entitlement under the 1912 Act, the 1948 Act or the 1994 Act.
This clause applies to the following statutory provisions referred to in Schedule 8:
(a) item 25 of Table 1 in Schedule 1 to the Criminal Procedure Act 1986,
(b) sections 91 and 120A of the Environmental Planning and Assessment Act 1979,
(c) sections 16 and 16A (5) of the Farm Water Supplies Act 1946,
(d) sections 17, 18, 19, 20 and 21 of the Land and Environment Court Act 1979,
(e) section 124 of the Local Government Act 1993,
(f) sections 5 and 47J of the National Parks and Wildlife Act 1974,
(g) section 12 of the Native Vegetation Conservation Act 1997,
(h) sections 19 and 52 of the Plantations and Reafforestation Act 1999,
(i) section 32 of the Snowy Hydro Corporatisation Act 1997,
(j) section 14 of the Soil Conservation Act 1938.
The statutory provisions referred to in subclause (1) operate in relation to:
(a) an entitlement under the 1912 Act, or
(b) a permit under Part 3A of the 1948 Act, or
(c) a licence under Division 3 of Part 4 of the 1994 Act,
as if those provisions had not been amended or repealed by Schedule 8.
This clause does not limit or otherwise affect the operation of a statutory provision referred to in subclause (1), as amended by Schedule 8, in relation to:
(a) an access licence to which Part 2 of Chapter 3 applies, or
(b) an approval to which Part 3 of Chapter 3 applies.
Part 2 of the 1912 Act does not apply to or in respect of any water source, work, use of water or activity to the extent to which Part 2 or 3 of Chapter 3 applies to or in respect of that water source, work, use or activity.
Part 5 of the 1912 Act does not apply to or in respect of any water source, work, use of water or activity to the extent to which Part 2 or 3 of Chapter 3 applies to or in respect of that water source, work, use or activity.
Part 8 of the 1912 Act does not apply to or in respect of any flood work, use of water or activity to the extent to which Part 3 of Chapter 3 applies to or in respect of that work, use or activity.
Part 9 of the 1912 Act does not apply to or in respect of any water source, work, use of water or activity to the extent to which Part 2 or 3 of Chapter 3 applies to or in respect of that water source, work, use or activity.
Proclamations under sections 55A and 88A apply the provisions of Parts 2 and 3 of Chapter 3 to particular matters formerly dealt with under the 1912 Act. Matters to which those provisions do not apply continue to be dealt with under the 1912 Act.
Part 3A of the 1948 Act does not apply to or in respect of any activity to the extent to which Part 3 of Chapter 3 applies to or in respect of that activity.
Proclamations under section 88A apply the provisions of Part 3 of Chapter 3 to particular matters formerly dealt with under the 1948 Act. Matters to which those provisions do not apply will continue to be dealt with under the 1948 Act.
The 1994 Act does not apply to or in respect of any water source, work, use of water or activity to the extent to which Part 2 or 3 of Chapter 3 applies to or in respect of that water source, work, use or activity.
Proclamations under sections 55A and 88A apply the provisions of Parts 2 and 3 of Chapter 3 to particular matters formerly dealt with under the 1994 Act. Matters to which those provisions do not apply will continue to be dealt with under the 1994 Act.
On and from the appointed day, sections 78 and 109, and Part 4 of Chapter 7, have effect with respect to any debt under the 1912 Act, the 1948 Act or the 1994 Act in the same way as they have effect with respect to any debt under this Act.
Enforcement action that has been commenced in relation to an entitlement under the 1912 Act, the 1948 Act or the 1994 Act before the day on which that entitlement is replaced under this Act may be completed under the 1912 Act, the 1948 Act or the 1994 Act, as the case requires.
Any application for or in relation to an entitlement that was made under the provisions of the 1912 Act, the 1948 Act or the 1994 Act before the appointed day is to be dealt with under those provisions as if this Act had not been enacted.
Any decision in relation to any such application with respect to an entitlement, including any decision in relation to an application for the renewal of an entitlement, is to be implemented in relation to the relevant access licence or approval that has arisen from the entitlement with respect to which the application was made.
In relation to each entitlement arising from an application dealt with under this clause, the provisions of this Schedule apply to the entitlement, as from the date on which it arises, in the same way as they apply to an entitlement that was in force immediately before the appointed day.
For the purposes of section 61, the holder of an entitlement that expired not more than 2 years before the appointed day is entitled to apply for an access licence to replace that entitlement.
An embargo under section 112 does not apply to an application for an approval to replace an entitlement that expired not more than 2 years before the appointed day.
An application referred to in subclause (1) or (2) is to be dealt with as if it had been made when the entitlement expired, and (subject to due payment of any fees payable under section 14 (1A) of the 1912 Act) the entitlement is taken to continue in force until the application is determined.
This clause does not apply to an application made more than 2 years after the appointed day.
On the appointed day, there are taken to have been granted to the Minister such access licences in relation to adaptive environmental water as any management plan, as in force on that day, requires to be granted to the Minister.
Any such access licence is subject to such conditions as the management plan concerned requires to be imposed on the licence.
(Section 403)
Column 1 | Column 2 | Column 3 | Column 4 |
Entitlement | Purpose | Regulated river | Unregulated river, estuary, lake or aquifer |
Section 12 or section 13 licence | Town water supply (held otherwise than by local water utility) | Regulated river (high security) [Town water supply] | Domestic and stock [Town water supply] |
Recreation (high security) | Regulated river (high security) | Unregulated river | |
Recreation (low security) | Regulated river (general security) | Unregulated river | |
Stock | Domestic and stock [Stock] | Domestic and stock [Stock] | |
Domestic | Domestic and stock [Domestic] | Domestic and stock [Domestic] | |
Stock and domestic | Domestic and stock | Domestic and stock | |
Railway | Regulated river (high security) | Unregulated river | |
Industrial | Regulated river (high security) | Unregulated river | |
Industrial (low security) | Regulated river (general security) | Unregulated river | |
Industrial (sand and gravel) | Regulated river (high security) | Unregulated river | |
Power generation | Regulated river (high security) | Unregulated river | |
Mining | Regulated river (high security) | Unregulated river | |
Mining (low security) | Regulated river (general security) | Unregulated river | |
Irrigation | Regulated river (general security) | Unregulated river | |
Farming | Regulated river (high security) | Unregulated river | |
Feedlot | Regulated river (high security) | Unregulated river | |
Horticulture (including citrus, grapes, pecans) | Regulated river (high security) | Unregulated river | |
Pisciculture | Regulated river (high security) | Unregulated river | |
Aquaculture | Regulated river (high security) | Unregulated river | |
Experimental/research | Regulated river (high security) [Research] | Unregulated river [Research] | |
Teaching | Regulated river (general security) | Unregulated river | |
Commercial | Regulated river (general security) | Unregulated river | |
Section 13A licence | Irrigation | Regulated river (general security) | Unregulated river |
Stock and domestic | Domestic and stock | Domestic and stock | |
Horticulture (including citrus, grapes, pecans) | Regulated river (high security) | Unregulated river | |
Section 20B authority (not high flow) | Town water supply (other than local water utility) | Regulated river (high security) [Town water supply] | Domestic and stock [Town water supply] |
Recreation (high security) | Regulated river (high security) | Unregulated river | |
Recreation (low security) | Regulated river (general security) | Unregulated river | |
Stock | Domestic and stock [Stock] | Domestic and stock [Stock] | |
Domestic | Domestic and stock [Domestic] | Domestic and stock [Domestic] | |
Stock and domestic | Domestic and stock | Domestic and stock | |
Industrial | Regulated river (high security) | Unregulated river | |
Industrial (low security) | Regulated river (general security) | Unregulated river | |
Mining | Regulated river (high security) | Unregulated river | |
Irrigation | Regulated river (general security) | Unregulated river | |
Farming | Regulated river (high security) | Unregulated river | |
Horticulture (including citrus, grapes, pecans) | Regulated river (high security) | Unregulated river | |
Pisciculture | Regulated river (high security) | Unregulated river | |
Aquaculture | Regulated river (high security) | Unregulated river | |
Experimental/research | Regulated river (high security) [Research] | Unregulated river [Research] | |
Teaching | Regulated river (general security) | Unregulated river | |
Commercial | Regulated river (general security) | Unregulated river | |
Section 20CA authority | Stock | Domestic and stock [Stock] | Nil |
Section 20L licence | Town water supply (other than local water utility) | Regulated river (high security) [Town water supply] | Domestic and stock [Town water supply] |
Domestic | Domestic and stock [Domestic] | Domestic and stock [Domestic] | |
Stock | Domestic and stock [Stock] | Domestic and stock [Stock] | |
Stock and domestic | Domestic and stock | Domestic and stock | |
Industrial | Regulated river (high security) | Unregulated river | |
Industrial (low security) | Regulated river (general security) | Unregulated river | |
Mining | Regulated river (high security) | Unregulated river | |
Irrigation | Regulated river (general security) | Unregulated river | |
Horticulture | Regulated river (high security) | Unregulated river | |
Citrus | Regulated river (high security) | Unregulated river | |
Section 38B authority | Stock | Domestic and stock [Stock] | Nil |
Domestic | Domestic and stock [Domestic] | Nil | |
Stock and domestic | Domestic and stock | Nil | |
Irrigation | Regulated river (general security) | Nil | |
Horticulture (including citrus and grapes) | Regulated river (high security) | Nil | |
Town water supply | Regulated river (high security) [Town water supply] | Nil | |
Industrial | Regulated river (high security) | Nil | |
Section 112 (1) (a) licence | Domestic | Not applicable | Domestic and stock [Domestic] |
Stock | Not applicable | Domestic and stock [Stock] | |
Stock and domestic | Not applicable | Domestic and stock | |
Town water supply (held otherwise than by local water utility) | Not applicable | Aquifer [Town water supply] | |
Experimental/research | Not applicable | Aquifer [Research] | |
Any other purpose | Not applicable | Aquifer | |
Section 112 (1) (b) right | Any purpose other than stock or domestic | Nil | Aquifer |
Section 188 licence | Urban water | Major utility [Urban water] | Major utility [Urban water] |
Power generation | Major utility [Power generation] | Major utility [Power generation] | |
Water supply works pursuant to a written agreement or approval under section 8 | Stock | Domestic and stock [Stock] | Domestic and stock [Stock] |
Domestic | Domestic and stock [Domestic] | Domestic and stock [Domestic] | |
Stock and domestic | Domestic and stock | Domestic and stock | |
Any other purpose | Regulated river (general security) | Unregulated river | |
Irrigation corporation licence | Recreation (high security) | Regulated river (high security) | Nil |
Recreation (low security) | Regulated river (general security) | Nil | |
Stock and domestic | Domestic and stock | Nil | |
Town water supply (other than local water utility) | Regulated river (high security) [Town water supply] | Nil | |
Conveyance | Murrumbidgee Irrigation (conveyance), Coleambally Irrigation (conveyance), Regulated river (conveyance) | Nil | |
Industrial | Regulated river (high security) | Nil | |
Irrigation | Regulated river (general security) | Nil | |
Horticulture | Regulated river (high security) | Nil | |
Water supply works pursuant to a written agreement or approval under section 12 | Stock | Domestic and stock [Stock] | Domestic and stock [Stock] |
Domestic | Domestic and stock [Domestic] | Domestic and stock [Domestic] | |
Stock and domestic | Domestic and stock | Domestic and stock | |
Any other purpose | Regulated river (general security) | Unregulated river |
(Section 4)
Catchment Management Authorities Act 2003 No 104Insert “(for example, functions under section 389A of the Water Management Act 2000)” after “under other Acts” in the note to section 14.
Insert after section 20 (1):
A draft plan:
(a) may also include provisions that relate to water quality or other non-regulatory water management issues, and
(b) must include any provisions relating to environmental water functions that are required by section 30A.
Insert after section 30 (4):
This section does not apply to money that is required to be paid into, or that is paid from, the Environmental Water Trust Fund of an authority under section 30A.
Insert after section 30:
For the purposes of this section, the
(a) the acquisition and management of adaptive environmental water under the Water Management Act 2000 (including the acquisition of and dealing in access licences under that Act),
(b) the improvement of water quality,
(c) the carrying out of works to conserve water,
(d) any other environment protection functions relating to water that are prescribed by the regulations.
For the purposes of its environmental water functions, an authority may, with the approval of the Minister, establish an Environmental Water Trust Fund, to be called “[
The money in an Environmental Water Trust Fund may be kept in one or more financial institutions (including the Special Deposits Account). An Environmental Water Trust Fund does not form part of the Consolidated Fund or any other Funds of authorities.
There is to be paid into an Environmental Water Trust Fund:
(a) all money received by or on account of the relevant authority for payment into the Fund, and
(b) any gift or bequest of money to the relevant authority for the purposes of its environmental water functions, and
(c) the proceeds of any dealing with respect to a water access licence held by the relevant authority, and
(d) the proceeds of any investment of money in the Fund.
There may be paid from an Environmental Water Trust Fund amounts required to meet expenditure incurred by the relevant authority in the exercise of its environmental water functions.
An authority is to include in any draft catchment action plan it prepares under this Act provisions relating to the environmental water functions for which it has established an Environmental Water Trust Fund, including:
(a) the assets of the authority that will be subject to the Fund, and
(b) the actions for the protection or improvement of those assets, and
(c) the targets for measuring the success of its environmental water functions.
The provisions of the draft catchment action plan are to be consistent with the State Water Management Outcomes Plan and any management plan under the Water Management Act 2000.
The regulations may make provision for or with respect to an Environmental Water Trust Fund, including for or with respect to the making of decisions affecting the Fund and the disclosure of pecuniary or other interests of persons involved in making those decisions.
Insert after section 115A (4):
This section extends to a registered security interest within the meaning of the Water Management Act 2000 as if:
(a) a reference in this section to a mortgage were a reference to a registered security interest, and
(b) a reference to mortgaged property were a reference to the access licence over which a registered security interest is held.
Subsection (5) does not give a receiver any power with respect to a registered security interest that could not be exercised by the holder of the registered security interest.
Omit section 184C (2) (h1).
Land and Environment Court Act 1979 No 204Insert after section 18 (a2):
proceedings under section 71X (5) of, or Schedule 1A to, the Water Management Act 2000,
Insert after section 19 (g3):
claims for compensation under section 71X of the Water Management Act 2000,
Insert after clause 5 (3):
The Minister administering the Water Management Act 2000 is exempt from the provisions of Part 6 of the Act with respect to the Water Access Licence Register and the register of approvals kept under section 113 of that Act.
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