Water Management (General) Amendment (Miscellaneous) Regulation 2008 (NSW)
2008 No 621
New South Wales
Water Management (General)
Amendment (Miscellaneous)
Regulation 2008
under the
Water Management Act 2000
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Water Management Act 2000.
PHILLIP COSTA, M.P.,
Minister for Water
Explanatory note
The object of this Regulation is to amend the Water Management (General) Regulation 2004
so as:
| (a) | to preserve the stock and domestic component of an entitlement under Part 5 of the Water Act 1912 that was inadvertently overlooked when entitlements in relation to the Lower Murrumbidgee Groundwater Sources were being converted to access licences, and |
| (b) | to extend, from 30 June 2009 until 30 June 2010, the current exemption conferred on Anabranch Water (a private irrigation board) in relation to the taking over of certain water supply works, and |
| (c) | to establish an environmental subcategory in relation to various categories of access licence, and |
| (d) | to make provision of a savings or transitional nature consequent on the commencement of certain provisions of the Water Management Amendment Act 2008. |
This Regulation is made under the Water Management Act 2000, including section 400 (the general power to make regulations) and clause 1 of Schedule 9 (the power to make regulations of a savings or transitional nature).
| Published in Gazette No 158 of 19 December 2008, page 12563 | Page 1 |
| 2008 No 621 | Water Management (General) Amendment (Miscellaneous) Regulation |
| Clause 1 | 2008 |
Water Management (General) Amendment
(Miscellaneous) Regulation 2008
under the
Water Management Act 2000
1 Name of Regulation
This Regulation is the Water Management (General) Amendment
(Miscellaneous) Regulation 2008.
2 Commencement
This Regulation commences on 1 January 2009.
3 Amendment of Water Management (General) Regulation 2004
The Water Management (General) Regulation 2004 is amended as set out in Schedule 1.
| Water Management (General) Amendment (Miscellaneous) Regulation | 2008 No 621 |
| 2008 | |
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 18 Exemption from requirement for access licence
Omit “section 341 (1)” from clause 18 (1).
Insert instead “sections 60A (1)–(3), 60C (1)–(4) and 60D”.[2] Clause 29B New share components for existing Part 5 entitlements
Insert after clause 29B (2B):
(2C) Part 5 entitlement 50BL196431 is taken also to have been replaced by a domestic and stock [Stock] access licence with a share component of a volume of 324 megalitres. (2D) Subclause (2C) is taken to have commenced on 1 October 2006. [3] Clause 38 Exemption from requirement for water use approval
Omit “section 342 (1)” from clause 38 (1). Insert instead “section 91A (1)”.
[4] Clause 39 Exemption from requirement for water supply work approval
Omit “section 343 (1) (a)” from clause 39 (1). Insert instead “section 91B (1)”.
[5] Clause 39 (3)
Omit “section 343 (1) (a1)”. Insert instead “section 91B (1)”.
[6] Clause 39 (4)
Omit “section 343 (1)”. Insert instead “section 91B (1)”.
[7] Clause 39A Exemption from requirement for controlled activity approval
Omit “section 344 (1) (a)” wherever occurring in clause 39A (1) and (2).
Insert instead “section 91E (1)”.[8] Clause 107A Exemption relating to taking over works—Anabranch Water
Insert “and (4)” after “section 159 (3)” in clause 107A (1).
[9] Clause 107A (1)
Omit “2009”. Insert instead “2010”.
| 2008 No 621 | Water Management (General) Amendment (Miscellaneous) Regulation 2008 |
| Schedule 1 | Amendments |
[10] Schedule 3 Categories and subcategories of licences
Insert in alphabetical order in Column 2 of Schedule 3 opposite “Regulated river (high security)”, “Regulated river (general security)”, “Unregulated river” and “Aquifer”, respectively, in Column 1 of that Schedule:
Environmental
[11] Schedule 3
Insert at the end of the Schedule, in Columns 1 and 2, respectively:
Supplementary water Environmental Regulated river (conveyance) Environmental Murrumbidgee Irrigation (conveyance) Environmental Coleambally Irrigation (conveyance) Environmental Floodplain harvesting Environmental Unregulated river (high flow) Environmental [12] Schedule 6
Omit the Schedule. Insert instead:
Schedule 6 Penalty notice offences
(Clause 107)
Column 1 Column 2 Column 3 Provision of Act Penalty for individual Penalty for corporation Section 60A (2) $750 $1500 Section 60A (4) $750 $1500 Section 60B $750 $1500 Section 60C (2) $750 $1500 Section 60C (4) $750 $1500 Section 60D $750 $1500 Section 91A (1) $750 $1500 Section 91A (2) $750 $1500 Section 91B (1) $750 $1500
| Water Management (General) Amendment (Miscellaneous) Regulation | 2008 No 621 |
| 2008 | |
| Amendments | Schedule 1 |
Column 1 Column 2 Column 3 Provision of Act Penalty for individual Penalty for corporation Section 91B (2) $750 $1500 Section 91C (1) $750 $1500 Section 91C (2) $750 $1500 Section 91D (1) $750 $1500 Section 91D (2) $750 $1500 Section 91E (1) $750 $1500 Section 91E (2) $750 $1500 Section 91F (1) $750 $1500 Section 91F (2) $750 $1500 Section 91G $750 $1500 Section 91H (1) $750 $1500 Section 91H (2) $750 $1500 Section 91I (2) $750 $1500 Section 91J $750 $1500 Section 91K (2) $750 $1500 Section 120 (4) $750 $1500 Section 256 (1) $750 $1500 Section 318A $750 $1500 Section 318B $750 $1500 Section 336C (1) $750 $1500 Section 340A (1) $750 $1500 Section 342 (1) $750 $1500 Section 342 (2) $750 $1500 Section 343 (1) $750 $1500 Section 345 (2) $750 $1500 Section 346 $750 $1500
| 2008 No 621 | Water Management (General) Amendment (Miscellaneous) Regulation 2008 |
| Schedule 1 | Amendments |
[13] Schedule 7 Savings and transitional provisions
Insert after Part 3:
Part 4 Provisions relating to the Water
Management Amendment Act 2008
14 Definition In this Part, the 2008 amending Act means the Water
Management Amendment Act 2008”.15 Directions under former Parts 1 and 2 of Chapter 7 of the Act
A direction that, immediately before 1 January 2009, was in force under any provision of Part 1 or 2 of Chapter 7 of the Act, as then in force, is taken to be a direction under the corresponding provision of Part 1 or 2 of Chapter 7 of the Act, as inserted by Schedule 2 [2] to the 2008 amending Act, and may be enforced accordingly.
16 Exercise of functions under new Parts 1 and 2 of Chapter 7
The matters in respect of which a function under Part 1 or 2 of Chapter 7 of the Act, as inserted by Schedule 2 [2] to the 2008 amending Act, may be exercised include matters arising before 1 January 2009.
17 Authorised officers
(1) Any authorised officer who, immediately before 1 January 2009, was appointed for the purposes of a provision of Part 1 or 2 of Chapter 7 of the Act, as then in force, is taken to have been appointed for the corresponding provision of Part 1 or 2 of Chapter 7 of the Act, as inserted by Schedule 2 [2] to the 2008 amending Act. (2) Until its replacement under section 340 of the Act, an identification card or certificate of authority issued to an authorised officer before 1 January 2009 is taken to be the officer’s evidence of authority for the purposes of that section.
18 Commencement of proceedings
Section 364 of the Act, as substituted by Schedule 1 [10] to the 2008 amending Act, extends to any offence that arose before 1 January 2009, but only if proceedings for the offence could have been commenced on that date had that section not been substituted.
| Water Management (General) Amendment (Miscellaneous) Regulation | 2008 No 621 |
| 2008 | |
| Amendments | Schedule 1 |
19 Matters to be considered in imposing penalty
Section 364A of the Act, as inserted by Schedule 1 [10] to the 2008 amending Act, extends to any penalty to be imposed in respect of an offence committed before 1 January 2009.
20 Continuing offences
Section 365A of the Act, as inserted by Schedule 1 [11] to the 2008 amending Act, extends to any contravention arising on or after 1 January 2009 in respect of a requirement made by or under the Act or this Regulation before that date.
21 Evidentiary matters
Sections 367, 367A and 367B of the Act, as inserted by Schedule 3 [2] to the 2008 amending Act, extend to proceedings for offences arising before 1 January 2009, including proceedings commenced before that date.
BY AUTHORITY
0
0
0