Water Management Amendment Act 2010 (NSW)

Note—

Amending Acts and amending provisions are subject to automatic repeal pursuant to sec 30C of the Interpretation Act 1987 No 15 once the amendments have taken effect.

An Act to amend the Water Management Act 2000 with respect to specific purpose access licences and other access licences, environmental water, offences relating to taking water and water meters and private irrigation and drainage bodies; and for other purposes.

1Name of Act

This Act is the Water Management Amendment Act 2010.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

Schedule 1

(Repealed)

sch 1: Rep 1987 No 15, sec 30C.

Schedule 2Other amendments to Water Management Act 2000 No 92[1]–[46]

(Repealed)

[47]Section 120A

Insert after section 120—

120AEntry and investigation powers(1)

An irrigation corporation may appoint a person to act as an authorised officer of the corporation under this section. An appointment is to be in writing and to comply with any requirements of the regulations.

(2)

An authorised officer of a corporation may enter land at any reasonable time if the authorised officer is reasonably of the opinion that the landholder has contravened an irrigation, water supply or drainage agreement with the corporation and that it is necessary to enter the land for the purpose of investigating that contravention.

(3)

An authorised officer who enters land under this section may exercise the powers set out in section 339B (2) (a)–(g).

(4)

Sections 339D, 339F and 340 apply to authorised officers appointed under this section.

(5)

A corporation, and authorised officers of a corporation, may exercise the functions conferred by this section only if authorised to do so by the operating licence of the corporation.

(6)

This section does not empower an authorised officer to enter any part of premises used only for residential purposes.

(7)

An irrigation corporation must compensate all interested parties for any damage caused by a person exercising a power of entry on to land under this section on behalf of the corporation (but not any damage caused by the exercise of any other power), unless the occupier obstructed or hindered the person in the exercise of the power of entry.

[48]Section 125A

Insert after section 125—

125AOffence to contravene operating licence(1)

An irrigation corporation must not contravene the operating licence of the corporation.

Tier 2 penalty.

(2)

Action may be taken both under this section and section 125 in respect of the same contravention of an operating licence.

[49], [50]

(Repealed)

[51]Section 136A

Insert after section 136—

136ACharges for water illegally taken and damage to works(1)

An irrigation corporation may impose a charge on a person for water taken if the corporation is satisfied on the balance of probabilities that the person has knowingly taken water from a water management work that is owned by, or is under the control and management of, the corporation in contravention of this Act, the regulations or an agreement with the corporation.

(2)

A corporation may impose a charge on a person for the repair or replacement of a work if the corporation is satisfied on the balance of probabilities that the person has destroyed, damaged or interfered with a work that is owned by, or is under the control or management of, the corporation.

(3)

The charge imposed by the corporation may include a penalty component.

(4)

The maximum charge that a corporation may impose under this section—

• (a)

  for the taking of water, is an amount not exceeding 5 times the value of the water so taken, as determined in accordance with the regulations, or

• (b)

  for destroying, damaging or interfering with a work, is an amount not exceeding 5 times the reasonable cost of the repair or replacement (as required) of the work.

(5)

Action under this section may not be taken against a person unless the corporation—

• (a)

  has given written notice to the person that the corporation proposes to take such action, and

• (b)

  has given the person a reasonable opportunity to make submissions to the corporation with respect to the proposed action, and

• (c)

  has taken any such submissions into consideration.

(6)

A charge imposed by a corporation under this section is recoverable in any court of competent jurisdiction as a debt due to the corporation.

(7)

A corporation is not entitled to take action under this section unless the operating licence of the corporation authorises the corporation to take action under this section.

(8)

Action may be taken under this section against a former member of the corporation.

(9)

The exercise of powers by a corporation under this section is subject to any requirements of, or limits imposed by, the regulations or the operating licence of the corporation.

[52]Section 137 Indemnities

Insert after section 137 (2)—

(3)

This section does not apply to an action, liability, claim or demand referred to in section 137A.

[53]Section 137A

Insert after section 137—

137ALiability for water source and other changes(1)

An irrigation corporation, any officer or employee of an irrigation corporation or a person acting under the direction of a corporation, officer or employee is not subject to any action, liability, claim or demand arising—

• (a)

  from the unavailability of water, or

• (b)

  from the escape of water from a water management work owned by, or under the control or management of, the corporation, or

• (c)

  from a failure to supply, distribute or drain water that is authorised by its operating licence or this Act or the regulations,

as a consequence of anything done or omitted to be done in good faith by the corporation, officer, employee or person for the purposes of executing this Act or carrying out the functions of the corporation.

(2)

This section does not limit section 397.

[54]–[57]

(Repealed)

[58]Section 222

Insert “, trustees on behalf of the trust” after “the private water trust”.

[59]–[86]

(Repealed)

sch 2: Am 1987 No 15, sec 30C; 2011 No 62, Sch 1.24 [1] [2]; 2015 No 58, Sch 1.15; 2018 No 31, Sch 2.5; 2018 No 70, Schs 3.69 [1] [2], 4.118[1] [2]; 2024 No 47, Sch 1.26.

Schedule 3

(Repealed)

sch 3: Rep 1987 No 15, sec 30C.

Historical notesTable of amending instruments

Water Management Amendment Act 2010 No 133. Assented to 7.12.2010. Date of commencement, Schs 2 and 3 excepted, 17.12.2010, sec 2 and 2010 (721) LW 17.12.2010; date of commencement of Sch 2 [1]–[15] [17]–[35] [37]–[45] [49] [50] [60] [61] [65] [66] [69] [70] [75] [78] [79] (to the extent that it inserts the Part heading and the cll entitled “Definitions”, “References to adaptive environmental water conditions” and “Application of new defences”) [80] [81] and [83]–[85], 4.4.2011, sec 2 and 2011 (146) LW 3.3.2011; date of commencement of Sch 2 [16], 1.3.2013, sec 2 and 2013 (71) LW 1.3.2013; Sch 2 [36] was not commenced and was repealed by the Water Management Amendment Act 2018 No 31; date of commencement of Sch 2 [46] [54]–[57] [59] [62]–[64] [67] [68] [71]–[74] [76] [77] [79] (except to the extent that it inserts the Part heading and the cll entitled “Definitions”, “References to adaptive environmental water conditions” and “Application of new defences”) [82] and [86], and the heading to Sch 2, and Sch 3, 1.3.2024, sec 2 and 2024 (20) LW 9.2.2024; date of commencement of Sch 2 [47] [48] [51]–[53] and [58]: not in force. This Act has been amended as follows—

2011	No 62	Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Sch 1, 6.1.2012, sec 2 (1).
2015	No 58	Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 1, 8.1.2016, sec 2 (1).
2018	No 31	Water Management Amendment Act 2018. Assented to 27.6.2018. Date of commencement of Sch 2.5, assent, sec 2 (2).
No 70	Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018. Date of commencement of Sch 3, 1.12.2018, sec 2 (1) and 2018 (673) LW 30.11.2018; date of commencement of Sch 4.118, 1.7.2021, sec 2(1) and 2021 (305) LW 25.6.2021.
2024	No 47	Statute Law (Miscellaneous Provisions) Act 2024. Assented to 9.8.2024. Date of commencement, assent, sec 2.

This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.

Table of amendments

Sch 1	Rep 1987 No 15, sec 30C.
Sch 2	Am 1987 No 15, sec 30C; 2011 No 62, Sch 1.24 [1] [2]; 2015 No 58, Sch 1.15; 2018 No 31, Sch 2.5; 2018 No 70, Schs 3.69 [1] [2], 4.118[1] [2]; 2024 No 47, Sch 1.26.
Sch 3	Rep 1987 No 15, sec 30C.