Water Resources Act 2007 (ACT)
Water Resources Act 2007
A2007-19
Republication No 28
Effective: 28 November 2024
Republication date: 28 November 2024
Last amendment made by A2024‑35
(republication for expiry of transitional provisions (pt 22))
About this republication
The republished law
This is a republication of the Water Resources Act 2007 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 28 November 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 28 November 2024.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Water Resources Act 2007
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 2
Part 2 Main principles and concepts
6 Objects of Act 3
7 Territory rights to water 3
7A Application of Act to national land and Googong Dam Area 4
8 Surface water 4
9 Ground water 5
10 Waterway 5
11 Taking water 6
11A ACT water resource plan 6
Part 3 Environmental flow guidelines
12 Environmental flow guidelines 8
13 Environmental flow guidelines—preparation by director‑general 8
14 Environmental flow guidelines—consultation 8
15 Environmental flow guidelines—submission to Minister 9
Part 3A Environmental values
15A Environmental values for waterways 11
Part 4 Water access entitlements
16 Water management areas 12
17 Amounts of water available from areas 12
18 Amounts of water reasonable for uses 13
19 Water access entitlements 13
20 Water access entitlement—application 14
21 Water access entitlement—decision on application 15
22 Water access entitlement—content 16
23 Water access entitlement—conditions 17
24 Water access entitlement—amendment 17
25 Water access entitlement—special provision for certain entitlements based on surviving allocations etc 18
26 Water access entitlement—transfer 19
27 Water access entitlement—effect of transfer on licence to take water 20
Part 5 Licences
Division 5.1 Licences to take water
28 Licence to take water—requirement 22
29 Licence to take water—application 23
30 Licence to take water—decision on application 24
31 Licence to take water—conditions 26
32 Licence to take water—where water may be taken 26
Division 5.2 Driller’s licences
33 Driller’s licence—requirement 27
34 Driller’s licence—application 27
35 Driller’s licence—decision on application 28
36 Driller’s licence—conditions 28
Division 5.3 Bore work licences
37 Bore work licence—requirement 29
38 Bore work licence—application 29
39 Bore work licence—decision on application 29
40 Bore work licence—conditions 30
Division 5.4 Waterway work licences
41 Definitions––Act 30
42 Waterway work licence—requirement 31
43 Waterway work licence—application 31
44 Waterway work licence—decision on application 32
45 Waterway work licence—conditions 33
46Planning Act 2023 not affected 33
Division 5.5 Recharge licences
47 Recharge licence—requirement 33
48 Recharge licence—application 33
49 Recharge licence—decision on application 33
50 Recharge licence—conditions 34
51 Recharge licence—cancellation 34
Division 5.6 Licences—general provisions
52 Licences—term 35
53 Licences—renewal 35
54 Licences—not transferable 35
55 Licences—amendment 35
56 Licences—surrender 36
58 Licence conditions—requirement 36
Part 6 Disciplinary action
60 Grounds for disciplinary action 37
61 Disciplinary action 38
62 Taking disciplinary action 38
63 Effect of suspension of entitlement, allocation or licence 39
Part 7 Administration
64 Functions—director-general and authority 40
65 Delegation—director-general and authority 41
66 Register 42
67 Inspection of register 42
Part 7A ACT and region catchment management coordination group
67A Coordination group—establishment 43
67B Coordination group—functions 43
67C Consideration of coordination group advice 44
67CA Coordination group—Minister’s directions 44
67D Annual report by coordination group 45
67E Coordination group—membership 46
67F Ending of appointments 47
67G Coordination group—general procedure 48
67H Coordination group—quorum at meetings 48
67I Voting at coordination group meetings 48
67J Reimbursement of expenses for coordination group members 48
Part 8 Assessment and investigation of water resources
68 Water resources monitoring and assessment—director‑general 49
68A Power to enter land for water resources monitoring and assessment 49
68B Water resources investigations—authority 50
69 Cooperation etc with other jurisdictions 51
70 Things fixed to land by director-general or authority 51
Part 9 Protection of water resources
71 Notice prohibiting or restricting taking of water 52
72 Direction to modify or remove water structure 53
73 Direction to rectify effect of unauthorised activity etc 53
74 Direction to prevent or rectify damage to bed or bank of waterway 53
75 Directions in relation to unlicensed taking of surface water 54
76 Directions in relation to bores 55
77 Action by authority if notice or direction contravened 56
Part 9A Offences
77A Offences—take water without licence 57
77B Offences—do bore work without licence 58
77C Offence—do waterway work without licence 58
77D Offence—do work without recharge licence 59
77E Offence—failing to produce licence 60
77F Offence—contravening licence conditions 60
77G Offences—contravening certain conditions of licence to take water 61
77H Offence—contravene notice prohibiting or restricting taking of water 62
77I Offences—contravene directions 62
77J Offences—water meter tampering 63
Part 10 Enforcement
Division 10.1 General
78 Definitions—pt 10 64
Division 10.2 Powers of authorised officers
79 Power to enter premises 64
80 Production of identity card 65
81 Consent to entry 65
82 General powers on entry to premises 66
83 Power to seize things 67
84 Power to require name and address 68
Division 10.3 Search warrants
85 Warrants generally 69
86 Warrants—application made other than in person 70
87 Search warrants—announcement before entry 71
88 Details of search warrant to be given to occupier etc 72
89 Occupier entitled to be present during search etc 72
Division 10.4 Return and forfeiture of things seized
90 Receipt for things seized 73
91 Moving things to another place for examination or processing under search warrant 73
92 Access to things seized 74
93 Return or forfeiture of things seized 75
Part 11 Notification and review of decisions
94 Meaning of reviewable decision—pt 11 77
95 Reviewable decision notices 77
96 Applications for review 77
Part 12 Miscellaneous
97 Protection of officials from liability 78
98 Damage etc to be minimised 78
99 Compensation for exercise of powers 79
100 Incorporation of documents 80
103 Evidentiary certificates 80
104 Criminal liability of executive officers 81
105 Self-incrimination etc 83
106 Nonpayment of fees 83
107 Determination of fees 83
109 Regulation-making power 84
Part 13 Surviving allocations
110 Survival of allocations 85
111 Surviving allocations—surrender generally 85
112 Surviving allocations—surrender by water utility 87
113 Surviving allocations—surrender by holder no longer owner or occupier of land 87
Schedule 1 Reviewable decisions 88
Dictionary90
Endnotes
1 About the endnotes 95
2 Abbreviation key 95
3 Legislation history 96
4 Amendment history 100
5 Earlier republications 107
6 Expired transitional or validating provisions 109
Water Resources Act 2007
An Act to provide for sustainable management of the water resources of the Territory, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Water Resources Act 2007.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘offence, for part 10 (Enforcement)—see section 78.’ means that the term ‘offence’ is defined in that section for part 10.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Part 2Main principles and concepts
Objects of Act
The objects of this Act are—
(a)to ensure that management and use of the water resources of the Territory sustain the physical, economic and social wellbeing of the people of the ACT while protecting the ecosystems that depend on those resources; and
(b)to protect aquatic ecosystems and aquifers from damage and, where practicable, to reverse damage that has already happened; and
(c)to ensure that the water resources are able to meet the reasonably foreseeable needs of future generations.
Territory rights to water
Subject to this Act, the right to the use, flow and control of all water of the Territory is vested in the Territory and is exercisable by the Minister on behalf of the Territory.
7AApplication of Act to national land and Googong Dam Area
(1)For this Act, the water resources of the Territory include—
(a)surface water and ground water on national land; and
(b)the surface water of the Googong Dam Area.
Note 1Under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), the Territory is responsible for the management or regulation, or both, of the taking of water on national land (see that Act, s 29 (1) (c)).
Note 2Under the Water Act 2007 (Cwlth), the surface water of the Googong Dam Area is to be treated as if it were in the ACT (see that Act, s 63A) and the Territory is responsible for the water resource plan for that area (see that Act, s 22 (1) (Content of Basin Plan), table item 2 and div 2 (Water resource plans for particular water resource plan areas)).
(2)In this section:
Googong Dam Area—see the Canberra Water Supply (Googong Dam) Act 1974 (Cwlth), section 3.
Surface water
For this Act, surface water means—
(a)water on or flowing over land (including in a waterway) after having—
(i)fallen as rain or hail or precipitated in any other way; or
(ii)risen to the surface naturally from underground; or
(iii)been returned to the environment following treatment or use; and
(b)water mentioned in paragraph (a) that has been collected in a dam, reservoir or rainwater tank.
Ground water
(1)For this Act, ground water means water occurring or obtained from below the surface of the ground or beneath a waterway.
(2)Ground water includes water occurring in or obtained or flowing from a bore.
(3)However, ground water does not include water occurring in or obtained or flowing from any other system for the distribution, reticulation, transportation, storage or treatment of water or waste.
Waterway
(1)For this Act, waterway means—
(a)a river, creek, stream or other natural channel in which water flows (whether continuously or intermittently); or
(b)the stormwater system or any other channel formed (whether completely or partly) by altering or relocating a waterway mentioned in paragraph (a); or
(c)a lake, pond, lagoon or marsh (whether formed by geomorphic processes or by works) in which water collects (whether continuously or intermittently).
(2)Waterway includes—
(a)the bed that the water in the waterway normally flows over or is covered by; and
(b)the banks that the water in the waterway normally flows between or is contained by.
(3)However, waterway does not include land normally not part of the waterway that may be covered from time to time by floodwaters from the waterway.
(4)In this section:
stormwater means water run-off that is normally collected by a stormwater system.
stormwater system means a system of pipes, gutters, drains and channels that are public works constructed to collect or transport stormwater in or through an urban area.
Taking water
(1)For this Act, take water includes—
(a)in relation to surface water—
(i)withdraw, pump, extract or use surface water; and
(ii)divert surface water for the purpose of using it; and
(iii)do anything else that results in a reduction of flow of surface water in a waterway; and
(b)in relation to ground water—allow ground water to flow or be pumped from a bore.
(2)However, a person does not take water if the person uses water taken by someone else under a licence to take water.
Example—s (2)
using water provided by a water utility
11AACT water resource plan
(1)The ACT water resource plan consists of the following:
(a)the environmental flow guidelines, if any;
(b)the determination of water management areas;
(c)the determination of the total amounts of surface water and ground water available for taking under section 17;
(d)guidelines determined under section 18, if any, for working out reasonable amounts of water for particular uses;
(e)anything else prescribed by regulation.
(2)The ACT water resource plan may apply, adopt or incorporate a law or instrument as in force from time to time.
(3)The Legislation Act, section 47 (6) does not apply in relation to a law or instrument applied, adopted or incorporated as in force from time to time under this section.
NoteA law or instrument applied, adopted or incorporated under this section does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)).
Part 3Environmental flow guidelines
Environmental flow guidelines
(1)The Minister may approve guidelines (environmental flow guidelines) for working out the flow of water that is needed to maintain aquatic ecosystems.
NotePower to make a statutory instrument (including guidelines) includes power to amend or repeal the instrument (see Legislation Act, s 46 (1)).
(2)Environmental flow guidelines approved by the Minister are a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Environmental flow guidelines—preparation by director‑general
(1)Before the Minister approves environmental flow guidelines, the director-general must prepare draft environmental flow guidelines for the Minister’s approval.
(2)In preparing draft guidelines, the director-general—
(a)must consider principally the ecological needs of aquatic ecosystems; and
(b)may consider the environmental, economic and social impact of the guidelines.
(3)The director-general must consult with the authority in preparing the draft guidelines.
Environmental flow guidelines—consultation
(1)After preparing draft guidelines under section 13, the director‑general must prepare a notice (a consultation notice)—
(a)containing a brief description of the draft guidelines; and
(b)stating that copies of the draft guidelines are available for public inspection for a period (the consultation period) and at the place stated in the notice; and
(c)inviting people to give written comments about the draft guidelines to the director-general in the consultation period.
(2)The consultation period must be at least 60 days.
(3)The consultation notice is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(4)The director-general must give additional public notice of the consultation notice.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (4) is in addition to the requirement for notification on the legislation register as a notifiable instrument.
(5)The director-general must consider any written comments received in the consultation period and may revise the draft guidelines in accordance with the comments as the director-general considers appropriate.
(6)This section does not apply to a draft amendment of the environmental flow guidelines that is to make formal changes only.
Environmental flow guidelines—submission to Minister
(1)The director-general must submit the draft guidelines (including any revision under section 14 (5)) to the Minister for approval, together with a written report—
(a)about the director-general’s consultation with the public and with any particular person or entity about the draft guidelines; and
(b)setting out the issues raised in the comments given to the director-general under section 14 in the consultation period.
(2)On receiving draft guidelines submitted for approval, the Minister may—
(a)approve the guidelines as submitted; or
(b)refer the draft back to the director-general with a written direction to do 1 or more of the following:
(i)conduct further stated consultation;
(ii)consider any revision suggested by the Minister;
(iii)revise the draft in a stated way.
(3)If the Minister refers draft guidelines back to the director-general under subsection (2) (b), the director-general must—
(a)comply with the Minister’s directions; and
(b)resubmit the draft guidelines (with any revisions required) to the Minister for approval together with a written report about the director-general’s compliance with the Minister’s directions and about any revision of the draft guidelines.
(4)Subsection (2) applies to draft guidelines resubmitted to the Minister for approval.
Part 3AEnvironmental values
15AEnvironmental values for waterways
(1)The Minister must determine environmental values for waterways in the ACT.
(2)A determination is a notifiable instrument.
Part 4Water access entitlements
Water management areas
(1)The Minister must determine areas (water management areas) for managing the water resources of the Territory.
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Amounts of water available from areas
(1)The Minister must determine—
(a)the total amount of surface water that is available for taking in each water management area; and
(b)the total amount of ground water that is available for taking in each water management area.
(2)The amounts must be determined taking into account—
(a)the environmental flow guidelines; and
(b)the total water resources of the Territory; and
(c)any assessment undertaken by the director-general to establish sustainable yields for the water management area.
(3)However, the amount determined must not be more than—
(a)for subsection (1) (a)—the SDL for surface water; and
(b)for subsection (1) (b)—the SDL for ground water.
(4)The Minister may also determine, for any water management area, an amount of the water determined under subsection (1) that is to be reserved for future use.
(5)If the Minister makes a determination reducing the amount of water reserved for future use under subsection (4), the determination may state the reason for the reduction.
(6)A determination under this section is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(7)In this section:
Basin Plan means the Basin Plan made under the Water Act 2007 (Cwlth), section 44 (3) (b) (i).
SDL for ground water means the long-term average sustainable diversion limit for ground water for the ACT set out in the Basin Plan.
SDL for surface water means the long-term average sustainable diversion limit for surface water for the ACT set out in the Basin Plan.
Amounts of water reasonable for uses
(1)The Minister may determine guidelines for working out the amounts of water that are reasonable amounts for particular uses.
NoteDecisions about granting water access entitlements and issuing licences to take water require consideration of what are reasonable amounts for intended uses (see s 21 (2) (a) (ii) and s 30 (2) (c)).
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Water access entitlements
(1)A water access entitlement is an entitlement to the amount of surface water or ground water stated in the entitlement.
(2)The amount must be stated as the lesser of—
(a)a percentage of the total amount of the surface water or ground water available for taking from time to time in the water management area stated in the entitlement; and
(b)a stated maximum volume.
NoteBecause a water access entitlement entitles the holder to a percentage of the water available for taking, and that amount is likely to vary from time to time, the entitlement does not guarantee that a particular volume of water, or any water, will be available under the entitlement.
Water access entitlement—application
(1)A person may apply to the Minister for a water access entitlement.
NoteA fee may be determined under s 107 for this provision.
(2)The application must be in writing and must state—
(a)the applicant’s name; and
(b)whether the applicant seeks surface water or ground water; and
(c)the amount of water sought; and
(d)the water management area to which the amount relates; and
(e)the intended use of the water; and
(f)the place where the applicant intends to access the water and the basis of the applicant’s right to have access to that place.
(3)The Minister may, by written notice given to the applicant, require the applicant to give the Minister additional information or documents the Minister reasonably needs to decide the application.
(4)If the applicant does not comply with a requirement under subsection (3), the Minister may refuse to consider the application further.
Water access entitlement—decision on application
(1)On application by a person for a water access entitlement, the Minister must—
(a)grant the water access entitlement; or
(b)refuse to grant the water access entitlement.
(2)The Minister must not grant the water access entitlement unless satisfied that—
(a)the amount of water to which the entitlement would give access—
(i)is available for taking having regard to any determination in force under section 17 (Amounts of water available from areas) and any other water access entitlements and surviving allocations that exist in relation to the water management area; and
(ii)is not more than a reasonable amount for the intended use having regard to any determination in force under section 18 (Amounts of water reasonable for uses); and
(b)the water is not intended to be used on urban residential property; and
(c)the intended use of the water is otherwise consistent with the territory plan; and
(d)the applicant does not hold a surviving allocation; and
NoteSurviving allocations are water allocations that were granted under the repealed Act. A person holding a surviving allocation may surrender it, and be granted a water access entitlement, under this Act, pt 13 (Surviving allocations).
(e)it is appropriate to grant the entitlement having regard to—
(i)the applicant’s environmental record; and
(ii)anything else the Minister considers relevant.
(3)Subsection (2) (b) does not apply if the applicant is a water utility.
(4)In deciding applications, the Minister must give priority—
(a)first, to any application for surface water by the owner or occupier of land who—
(i)was previously able to take water without a licence because the water was taken from a waterway on or immediately adjacent to the land; and
(ii)can no longer do so because a boundary change was made to the land, on the Territory’s initiative, after the commencement of this Act; and
(iii)is seeking the water for stock or domestic use; and
(b)second, to any application by a person who does not have access to urban water supply and is seeking the water for stock or domestic use; and
(c)after that, as the Minister considers appropriate.
Water access entitlement—content
A water access entitlement must state—
(a)the name of the holder of the entitlement; and
(b)the amount of surface water or ground water that may be taken; and
NoteThe amount must be stated as the lesser of a percentage of the total amount of water available for taking in the water management area and a stated maximum volume (see s 19 (2)).
(c)the water management area to which the amount relates; and
(d)if the holder does not have access to urban water supply and the entitlement is for water for stock or domestic use—
(i)that the water is for stock or domestic use; and
(ii)the place where the water may be taken; and
(e)anything else required under this Act to be stated in the water access entitlement.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Water access entitlement—conditions
(1)A water access entitlement is subject to any condition—
(a)imposed when the entitlement is granted; or
(b)prescribed by regulation; or
(c)imposed on amendment of the entitlement under section 24.
Examples of conditions to which water access entitlement may be subject
1 that the water may be used only for the purpose stated in the entitlement
2 that the water may be used only in a water management area
3 that the water may be taken only from the place stated in the entitlement
4 for an entitlement to ground water granted to enable a bore to be drilled—that the entitlement will expire at the end of 12 months after the entitlement is granted if ground water is not found in that period
(2)The conditions to which a water access entitlement is subject are taken to be conditions of any licence to take water that is based on the entitlement.
Water access entitlement—amendment
(1)The authority may amend a water access entitlement, including by imposing a condition on, or amending an existing condition of, the entitlement.
NoteA fee may be determined under s 107 for this provision.
(2)However, the authority may amend an entitlement only if—
(a)the authority has given the holder of the entitlement written notice of the proposed amendment; and
(b)the notice states that written comments on the proposal may be made to the authority before the end of a stated period of at least 14 days after the day the notice is given to the holder; and
(c)the authority has considered any comments made before the end of the stated period.
(3)Subsection (2) does not apply if the holder applied for, or agreed in writing to, the proposed amendment.
(4)The amendment of an entitlement takes effect on—
(a)the date on which notice of the amendment is given to the holder; or
(b)if a later date is stated in the notice—that date.
(5)A condition imposed or amended by the authority must not be inconsistent with any condition prescribed by regulation that applies to the entitlement.
(6)This section does not apply to an amendment made under section 25.
Water access entitlement—special provision for certain entitlements based on surviving allocations etc
(1)This section applies to a water access entitlement granted by the authority under section 111 (Surviving allocations—surrender generally) or section 202 (Water access entitlement for certain existing licence holders) that includes a statement about where the water may be taken.
Note 1The statement is included on—
· water access entitlements granted under s 111 if no fee was paid under the repealed Act for the grant of the surrendered allocation; and
· all water access entitlements granted under s 202.
Note 2Section 202 was in pt 20 (Transitional) which expired in 2008. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
(2)On application by the holder of the entitlement, the authority must amend the water access entitlement to remove the statement.
NoteA fee may be determined under s 107 for this provision.
(3)The authority must also amend the entitlement to remove the statement before—
(a)approving a transfer of the entitlement; or
(b)making any other amendment of the entitlement.
Example—s (3) (b)
changing the percentage of water that may be taken stated in the entitlement
NoteA fee may be determined under s 107 for this provision.
(4)Subsection (3) does not apply in relation to—
(a)an entitlement held by a water utility; or
(b)an entitlement that—
(i)is held by a person who does not have access to urban water supply; and
(ii)is for water for stock or domestic use; or
(c)an amendment of an entitlement held by an individual that is to be made only because the individual has changed their name.
Water access entitlement—transfer
(1)The holder of a water access entitlement may, with the approval of the authority, transfer the whole or part of the entitlement to someone else.
NoteA fee may be determined under s 107 for this provision.
(2)The authority must not approve the transfer of a water access entitlement unless satisfied that—
(a)the intended use of the water and the place it is proposed to be used is—
(i)consistent with the conditions of the entitlement; and
(ii)either—
(A)consistent with the territory plan; or
(B)approved by the authority responsible for water management in the State or Territory where the water is to be used; and
(b)it is appropriate to approve the transfer having regard to—
(i)the transferee’s environmental record; and
(ii)anything else the authority considers relevant.
(3)A transfer of a water access entitlement may be absolute or for a limited period.
(4)A transfer of part of a water access entitlement must be for units no smaller than 0.5ML.
(5)A water access entitlement that entitles the holder to water for stock or domestic use on particular land may be transferred to someone else only if the holder’s interest in the land is also transferred to that person.
(6)A regulation may make provision in relation to the transfer of water access entitlements.
Water access entitlement—effect of transfer on licence to take water
(1)If a person transfers absolutely the whole of a water access entitlement or corresponding water access entitlement to which a licence to take water relates, the licence is taken to be cancelled.
(2)If a person transfers, for a limited period, the whole of a water access entitlement or corresponding water access entitlement to which a licence to take water relates, the licence is taken to be suspended for the period.
(3)If a person transfers absolutely part of a water access entitlement or corresponding water access entitlement to which a licence to take water relates, the amount of water the person is authorised to take under the licence is taken to be reduced by the amount of the transfer.
(4)If a person transfers, for a limited period, part of a water access entitlement or corresponding water access entitlement to which a licence to take water relates, the amount of water the person is authorised to take under the licence is taken to be reduced by the amount of the transfer for the period.
(5)In this section:
corresponding water access entitlement means a water access entitlement (however described) granted under a law of the Commonwealth, a State or another Territory that regulates the granting of entitlements to water and is prescribed by regulation for this definition.
Part 5Licences
Division 5.1 Licences to take water
Licence to take water—requirement
(1)A person must not take water from a place if the person does not have a licence to take the water from the place.
(2)However, a licence is not required for—
(a)the taking of water from a waterway—
(i)for camping or similar purposes; or
(ii)for watering travelling stock; or
Examples—par (a) (i)
1bushwalking
2picnicking
(b)the taking of rainwater from a rainwater tank that—
(i)has been installed in accordance with a development approval under the Planning Act 2023, chapter 7 (Development assessment and approvals); or
(ii)is an exempt development within the meaning of that Act; or
(c)the owner or occupier of land on or immediately adjacent to which there is a waterway who takes water from the waterway, or surface water from the land, for stock or domestic use; or
(d)the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004 for the purpose of—
(i)protecting life or property; or
(ii)controlling, extinguishing or preventing the spread of a fire; or
(e)the taking of water by a person who is exempt under a regulation from the requirement to have a licence.
(3)In this section:
emergency controller—see the Emergencies Act 2004, dictionary.
relevant person means—
(a)an emergency controller; or
(b)a member of the ambulance service; or
(c)a member of the fire and rescue service; or
(d)a member of the rural fire service; or
(e)a member of the SES; or
(f)any other person under the control of—
(i)an emergency controller; or
(ii)the chief officer (ambulance service); or
(iii)the chief officer (fire and rescue service); or
(iv)the chief officer (rural fire service); or
(v)the chief officer (SES); or
(g)a police officer.
Licence to take water—application
(1)A person may apply to the authority for a licence to take water from a stated place.
NoteA fee may be determined under s 107 for this provision.
(2)The authority may, by written notice given to the applicant, require the applicant to give the authority additional information or documents the authority reasonably needs to decide the application.
(3)If the applicant does not comply with a requirement under subsection (2), the authority may refuse to consider the application further.
Licence to take water—decision on application
(1)On application by a person for a licence to take water, the authority must—
(a)issue the licence; or
(b)refuse to issue the licence.
(2)The authority must not issue the licence unless satisfied that—
(a)the applicant—
(i)holds a water access entitlement, a corresponding water access entitlement or a surviving allocation on which to base the taking of water under the licence; or
(ii)is exempt from this requirement under a regulation; and
(b)the water to be taken under the licence is to be taken from—
(i)the water management area stated in the water access entitlement or subcatchment stated in the surviving allocation; or
(ii)another water management area from which the water may be taken under section 32 (Licence to take water—where water may be taken) or under a regulation; and
(c)the amount of water to be taken under the licence is not more than a reasonable amount for the intended use having regard to any determination in force under section 18; and
(d)the water is not intended to be used on urban residential property; and
(e)the intended use of the water is otherwise consistent with the territory plan; and
(f)the applicant has lawful authority—
(i)to obtain access to the place from which the water is to be taken under the licence; and
(ii)if the water is to be diverted from that place to where it is to be used—to divert the water; and
(g)if the application relates to a development for which an approval is required under the Planning Act 2023, chapter 7 (Development assessment and approvals)—the development has been approved under that chapter.
(3)Also the authority must not issue the licence unless satisfied it is appropriate to do so having regard to—
(a)the applicant’s environmental record; and
(b)whether issuing the licence would or may—
(i)adversely affect the environmental flows for a particular waterway or aquifer that are required under the environmental flow guidelines; or
(ii)adversely affect the environment in any other way; or
(iii)adversely affect the interests of other water users; and
(c)anything else the authority considers relevant.
(4)Subsection (2) (d) does not apply—
(a)to a water utility; or
(b)if the entitlement on which the licence is to be based—
(i)was granted under section 111 (Surviving allocations—surrender generally) or section 202 (Water access entitlement for certain existing licence holders) (whether or not it has been later transferred); and
(ii)allows the water to be used on stated urban residential property.
(5)A regulation made for subsection (2) (a) may authorise the authority to exempt a person from the requirement mentioned in that subsection in the circumstances prescribed by regulation.
Licence to take water—conditions
(1)A licence to take water is subject to any condition—
(a)prescribed by regulation; or
(b)imposed on the licence by the authority.
Examples of conditions to which licence may be subject
1 that records must be kept
2 that a water meter must be installed, operated and maintained
3 that information about compliance with licence conditions must be given to the authority
4 that monitoring and testing must be done after water is taken
5 that places from which water is taken must be marked in a stated way
6 that water may only be taken at a stated rate (which may be different for different days of the year)
7 that not more than a stated maximum amount of water may be taken
8 that water must not be taken from a waterway at a time when there is no or little flow in the waterway
9 that the authority must be allowed to conduct regular routine inspections
NoteThe licence is also subject to any condition that applies to a water access entitlement on which the licence is based (see s 23 (2)).
(2)A condition imposed by the authority must not be inconsistent with any condition prescribed by regulation that applies to the licence.
Licence to take water—where water may be taken
(1)A licence to take water held by a water utility may authorise the utility to take surface water under the licence from—
(a)the water management area stated in the water access entitlement on which the licence is based; or
(b)a place in a waterway that is downstream from the water management area; or
(c)any other water management area for which the utility holds a water access entitlement.
(2)A licence to take water held by a person other than a water utility may authorise the person to take surface water under the licence from—
(a)the water management area stated in the water access entitlement on which the licence is based; or
(b)if the water management area is prescribed by regulation for this paragraph—a place in a waterway that is downstream from the water management area; or
(c)if the water is to be used for road works, earthworks or other construction, or landscaping—any water management area.
(3)A licence to take water must not authorise ground water to be taken under the licence from a water management area other than the water management area stated in the water access entitlement on which the licence is based.
(4)In this section:
water access entitlement includes a surviving allocation.
NoteSurviving allocation is defined in s 110.
Division 5.2 Driller’s licences
Driller’s licence—requirement
A person must not do bore work if the person does not have a driller’s licence to do the bore work.
Driller’s licence—application
(1)A person may apply to the authority for a driller’s licence.
NoteA fee may be determined under s 107 for this provision.
(2)The authority may, by written notice given to the applicant, require the applicant to give the authority additional information or documents the authority reasonably needs to decide the application.
(3)If the applicant does not comply with a requirement under subsection (2), the authority may refuse to consider the application further.
Driller’s licence—decision on application
(1)On application by a person for a driller’s licence, the authority must—
(a)issue the licence; or
(b)refuse to issue the licence.
(2)The authority must not issue a driller’s licence unless satisfied that—
(a)the applicant has the qualifications (if any) approved under subsection (3); and
(b)it is appropriate to issue the licence having regard to—
(i)the applicant’s environmental record; and
(ii)anything else the authority considers relevant.
(3)The authority may approve qualifications that must be held by a person who holds a driller’s licence.
(4)An approval is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Driller’s licence—conditions
(1)A driller’s licence is subject to any condition—
(a)prescribed by regulation; or
(b)imposed on the licence by the authority.
(2)A condition imposed by the authority must not be inconsistent with any condition prescribed by regulation that applies to the licence.
Division 5.3 Bore work licences
Bore work licence—requirement
(1)A person who is the owner or occupier of land must not allow bore work to be done on the land if the person does not have a bore work licence for the bore work.
(2)This section does not apply to bore work that is exempt from the requirement for a bore work licence under a regulation.
Bore work licence—application
(1)A person may apply to the authority for a licence to do bore work.
NoteA fee may be determined under s 107 for this provision.
(2)The authority may, by written notice given to the applicant, require the applicant to give the authority additional information or documents the authority reasonably needs to decide the application.
(3)If the applicant does not comply with a requirement under subsection (2), the authority may refuse to consider the application further.
Bore work licence—decision on application
(1)On application by a person for a bore work licence, the authority must—
(a)issue the licence; or
(b)refuse to issue the licence.
(2)The authority must not issue a bore work licence unless satisfied that—
(a)either—
(i)the bore work is for a monitoring bore; or
(ii)the applicant holds a water access entitlement or surviving allocation for ground water to be taken from the bore; and
(b)it is appropriate to issue the licence having regard to—
(i)the proximity of any existing bores; and
(ii)anything else the authority considers relevant.
(3)In this section:
monitoring bore means a bore that—
(a)enters an aquifer; and
(b)is used to monitor the depth and fluctuations of depth in the aquifer.
Bore work licence—conditions
(1)A bore work licence is subject to any condition—
(a)prescribed by regulation; or
(b)imposed on the licence by the authority.
(2)A condition imposed by the authority must not be inconsistent with any condition prescribed by regulation that applies to the licence.
Division 5.4 Waterway work licences
Definitions––Act
In this Act:
water structure means—
(a)a dam (whether or not it is in or on a waterway); or
(b)another water retention structure in or on a waterway.
waterway work means—
(a)constructing or altering a water structure; or
(b)doing other work in or on a waterway.
Waterway work licence—requirement
(1)A person must not do waterway work if—
(a)the work adversely affects, or may adversely affect, the flow or quality of water, or the aquatic habitat, in the waterway; and
(b)the person does not have—
(i)a waterway work licence for the waterway work; or
(ii)authority for an activity that includes the waterway work under the Environment Protection Act 1997.
(2)However, a waterway work licence is not required if the work to be undertaken is—
(a)the construction or alteration of—
(i)a water structure that has a capacity of less than 2ML and is not in a waterway; or
(ii)a structure prescribed by regulation; or
(b)undertaken as part of an authorised activity under the Environment Protection Act 1997; or
(c)undertaken under an environmental protection agreement under the Environment Protection Act 1997.
Waterway work licence—application
(1)A person may apply to the authority for a licence to do waterway work.
NoteA fee may be determined under s 107 for this provision.
(2)The authority may, by written notice given to the applicant, require the applicant to give the authority additional information or documents the authority reasonably needs to decide the application.
(3)If the applicant does not comply with a requirement under subsection (2), the authority may refuse to consider the application further.
Waterway work licence—decision on application
(1)On application by a person for a waterway work licence, the authority must—
(a)issue the licence; or
(b)refuse to issue the licence.
(2)The authority must not issue a waterway work licence unless satisfied it is appropriate to do so having regard to—
(a)whether issuing the licence would or may—
(i)adversely affect the environmental flows for a particular waterway or aquifer that are required under the environmental flow guidelines; or
(ii)adversely affect the environment in any other way; or
(iii)adversely affect the interests of other water users; and
(b)whether the work would be in the interests of the public; and
(c)for work that involves the construction or alteration of a water structure—
(i)whether the structure is designed to allow water to pass over, under or through it; and
(ii)the need for the structure and whether another more appropriate approach is available; and
(d)anything else the authority considers relevant.
Waterway work licence—conditions
(1)A waterway work licence is subject to any condition—
(a)prescribed by regulation; or
(b)imposed on the licence by the authority.
(2)A condition imposed by the authority must not be inconsistent with any condition prescribed by regulation that applies to the licence.
Planning Act 2023 not affected
This division does not affect the operation of the Planning Act 2023.
Division 5.5 Recharge licences
Recharge licence—requirement
A person must not construct, operate or alter works for the purpose of increasing the quantity of ground water if the person does not have a recharge licence for the work.
Recharge licence—application
(1)A person may apply to the authority for a recharge licence.
NoteA fee may be determined under s 107 for this provision.
(2)The authority may, by written notice given to the applicant, require the applicant to give the authority additional information or documents the authority reasonably needs to decide the application.
(3)If the applicant does not comply with a requirement under subsection (2), the authority may refuse to consider the application further.
Recharge licence—decision on application
(1)On application by a person for a recharge licence, the authority must—
(a)issue the licence; or
(b)refuse to issue the licence.
(2)The authority must not issue a recharge licence unless satisfied it is appropriate to do so having regard to—
(a)the applicant’s environmental record; and
(b)the risk of the rising level of ground water damaging soil, rock or structures; and
(c)the risk of damaging ecosystems that depend on the area in question; and
(d)the risk of affecting the natural drainage of surface water of the area in question; and
(e)anything else the authority considers relevant.
Recharge licence—conditions
(1)A recharge licence is subject to any condition—
(a)prescribed by regulation; or
(b)imposed on the licence by the authority.
(2)A condition imposed by the authority must not be inconsistent with any condition prescribed by regulation that applies to the licence.
Recharge licence—cancellation
The authority may cancel a recharge licence if satisfied that the work being carried out under the licence is—
(a)damaging soil, rock or structures; or
(b)damaging ecosystems that depend on the area in question; or
(c)affecting the natural drainage of surface water of the area in question.
NoteA recharge licence may also be cancelled under pt 6 (Disciplinary action) or s 106 (Nonpayment of fees).
Division 5.6 Licences—general provisions
Licences—term
A licence is issued for the term stated in the licence.
Licences—renewal
(1)The holder of a licence may apply, in writing, to the authority for renewal of the licence.
NoteA fee may be determined under s 107 for this provision.
(2)The application must be made not later than 14 days before the end of the licence period.
(3)If the application is made in accordance with subsection (2), the licence remains in force, subject to this Act, until the application is decided.
(4)On application to renew a licence, the authority must—
(a)renew the licence; or
(b)refuse to renew the licence.
(5)If the authority renews the licence, the renewal of the licence begins on the day after the day the licence being renewed ends.
(6)A suspended licence may be renewed, but the renewed licence is suspended until the suspension ends.
Licences—not transferable
A licence is not transferable.
Licences—amendment
(1)The authority may amend a licence, including by imposing a condition on, or amending an existing condition of, the licence.
(2)However, the authority may amend a licence only if—
(a)the authority has given the licence holder written notice of the proposed amendment; and
(b)the notice states that written comments on the proposal may be made to the authority before the end of a stated period of at least 14 days after the day the notice is given to the holder; and
(c)the authority has considered any written comments made before the end of the stated period.
(3)Subsection (2) does not apply if the holder applied for, or agreed in writing to, the proposed amendment.
(4)A condition imposed or amended by the authority must not be inconsistent with any condition prescribed by regulation that applies to the licence.
(5)The amendment of a licence takes effect on—
(a)the date on which notice of the amendment is given to the holder; or
(b)if a later date is stated in the notice—that date.
Licences—surrender
The holder of a licence may surrender the licence to the authority by written notice accompanied by the licence.
Licence conditions—requirement
The holder of a licence must comply with a condition of the licence.
Part 6Disciplinary action
Grounds for disciplinary action
Each of the following is a ground for disciplinary action against a person who holds a water access entitlement, surviving allocation or licence:
(a)the person gave information to the Minister or authority in relation to the application for, or an application for amendment of, the entitlement, allocation or licence that was false or misleading in a material particular;
(b)the person has contravened, or is contravening, a condition of the entitlement, allocation or licence;
(c)the person has contravened, or is contravening, this Act (or a requirement made under this Act), whether or not the holder has been convicted or found guilty of an offence for the contravention;
(d)the person has contravened, or is contravening, another territory law or a law of the Commonwealth, a State or another Territory (whether or not the person has been convicted or found guilty of an offence for the contravention) and the authority has reasonable grounds for believing that the contravention would adversely affect the person’s suitability to hold the entitlement, allocation or licence.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Disciplinary action
Each of the following is disciplinary action when taken against a person who is the holder of a water access entitlement, surviving allocation or licence:
(a)reprimanding the person;
(b)for a driller’s licence—requiring the person to complete a stated course of training to the satisfaction of the authority or another stated person;
(c)amending the entitlement, allocation or licence, including by imposing a condition on it or amending any of its conditions;
(d)suspending the entitlement, allocation or licence—
(i)for a stated period; or
(ii)until a stated event happens;
(e)cancelling the entitlement, allocation or licence;
(f)cancelling the entitlement, allocation or licence and disqualifying the person from applying for an entitlement or licence—
(i)for a stated period; or
(ii)until a stated event happens.
Taking disciplinary action
(1)If the authority proposes to take disciplinary action in relation to a person, the authority must give the person a written notice (a disciplinary notice) that—
(a)states the proposed action (including any proposed suspension or disqualification period or amendment of an entitlement, allocation or licence); and
(b)states the grounds for the proposed action; and
(c)tells the person that the person may, not later than 14 days after the day the person receives the notice, give a written response to the authority about the notice.
(2)In deciding whether to take disciplinary action, the authority must consider any response given to the authority by the person in accordance with the notice.
(3)The authority may take the proposed disciplinary action in relation to the person if satisfied that a ground for taking disciplinary action has been established in relation to the person.
(4)The authority must give the person written notice of the authority’s decision.
(5)Disciplinary action under this section takes effect on—
(a)the day when notice of the decision is given to the person; or
(b)if the notice states a later date of effect—that date.
Effect of suspension of entitlement, allocation or licence
(1)If a water access entitlement, surviving allocation or licence is suspended—
(a)the entitlement, allocation or licence does not authorise the holder to do anything authorised under the entitlement, allocation or licence during the suspension; and
(b)the holder is, during the suspension—
(i)taken not to hold the entitlement, allocation or licence; and
(ii)disqualified from applying for an entitlement or licence.
(2)However, the entitlement may still be transferred, and the allocation may still be surrendered, in accordance with this Act.
(3)The authority may end the suspension of an entitlement that is transferred or an allocation that is surrendered.
Part 7Administration
Functions—director-general and authority
(1)The director-general has the following functions under this Act:
(a)to keep the condition of the Territory’s water resources under review;
(b)to lead and coordinate policy development in relation to the Territory’s water resources;
(c)to compile, maintain and provide information about the condition of the Territory’s water resources;
(d)to foster public education about management of water resources, including the importance of efficient use of water;
(e)to progress national water resource measures made under national scheme laws or intergovernmental agreements to which the Territory is a party relating to water resource management;
(f)to confer and exchange information relating to water resource management with any entity having functions corresponding to the director-general’s functions under a corresponding law;
Examples—information relating to water resource management
water trading, Murray Darling Basin monitoring and evaluation, hydrological modelling
(g)any other functions given to the director-general under this Act.
(2)The authority has the following functions under this Act:
(a)to regulate the use of water from waterways;
(b)to compile, maintain and provide information about the use of the Territory’s water resources;
(c)to share the information mentioned in paragraph (b) with a Territory entity if the information is necessary for the entity to carry out its functions;
(d)to implement national water resource measures made under national scheme laws or intergovernmental agreements to which the Territory is a party relating to water resource protection, regulation and compliance;
(e)to confer and exchange information relating to water resource protection, regulation and compliance with any entity having functions corresponding to the authority’s functions under a corresponding law;
Examples—information relating to water resource protection, regulation and compliance
water compliance reporting, Bureau of Meteorology data
(f)any other functions given to the authority under this Act.
(3)In exercising a function under this Act, the director-general and the authority must—
(a)have regard to the objects set out in section 6; and
(b)where appropriate, promote an integrated approach to water resource management, environment protection and water catchment management.
(4)In this section:
corresponding law means a law of the Commonwealth or a State that corresponds, or substantially corresponds, to this Act.
NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).
Delegation—director-general and authority
(1)The director-general may delegate their functions under this Act only to a public employee.
(2)The authority may delegate its functions under this Act to a public employee.
NoteFor laws about delegations, see the Legislation Act, pt 19.4.
Register
(1)The authority must keep a register for this Act.
(2)The register may be kept in any form, including electronically, that the authority decides.
(3)The register must include details of each of the water access entitlements granted, surviving allocations in force, licences issued and transfers made under this Act.
(4)The register may also include—
(a)information required to be provided to the authority under a water access entitlement, surviving allocation or licence; and
(b)information given to the authority about third party interests in water access entitlements, surviving allocations or licences; and
(c)other information collected by the authority in carrying out its functions under this Act; and
Example
the results of monitoring, testing or recording carried out by the authority
(d)any other information given to or held by the authority in relation to the water resources of the Territory (whether current or historical).
Inspection of register
(1)The register must be available for public inspection at reasonable times.
(2)A person may, on payment of the reasonable copying costs, obtain a copy of any information in the register.
Part 7AACT and region catchment management coordination group
67ACoordination group—establishment
The ACT and region catchment management coordination group (the coordination group) is established.
67BCoordination group—functions
(1)The coordination group has the following functions:
(a)to advise the following on matters relating to water catchment management in the ACT and the Australian capital water catchment region:
(i)the Minister;
(ii)the director-general;
(b)any other function given to the group under this Act or another territory law.
Note 1A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Note 2A provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
(2)In exercising its functions, the coordination group—
(a)must try to—
(i)encourage early and effective information sharing between members of the group, and any relevant agency or community group; and
(ii)raise awareness of catchment management issues to encourage community action in promoting catchment health; and
(b)must consider—
(i)any relevant information the group is aware of from the business and community sector; and
(ii)information available in a report that the Minister requires the group to consider; and
(c)may consider any other relevant information.
(3)In this section:
Australian capital water catchment region means the catchment area of the Murrumbidgee River upstream of Burrinjuck Dam.
67CConsideration of coordination group advice
In exercising a function under this Act, the following entities must consider any relevant advice given to the entity by the coordination group:
(a)the Minister;
(b)the director-general.
67CACoordination group—Minister’s directions
(1)The Minister may direct the coordination group, in writing, to provide advice about a stated water catchment management matter (a Minister’s direction).
(2)The Minister must give a copy of each Minister’s direction to the director-general.
(3)If the coordination group is given a Minister’s direction, the coordination group must—
(a)provide advice about the matter to the Minister; and
(b)at the same time the advice is provided to the Minister—give a copy of the advice to the director-general.
67DAnnual report by coordination group
(1)For each financial year, the coordination group must prepare a report about the group’s activities during the financial year, including any advice given, or recommendations made, to the Minister.
(2)The report must include—
(a)a copy of each Minister’s direction given during the year; and
(b)a summary of the advice provided to the Minister.
(3)The group must give the report to the Minister within 3 months after the end of the financial year.
(4)The Minister must, within 21 days after receiving the report, table the following in the Legislative Assembly:
(a)the report;
(b)a statement by the Minister responding to any advice given or recommendations made to the Minister in the group’s annual report.
(5)However, if—
(a)there are no sitting days during the 21-day period—
(i)the Minister must give the report and the statement, and a copy of each for each member of the Legislative Assembly, to the Speaker; and
(ii)the report and the statement are taken for all purposes to have been presented to the Legislative Assembly on the day the Minister gives it to the Speaker (the report day); and
(iii)the Speaker must arrange for a copy of the report and a copy of the statement to be given to each member of the Legislative Assembly on the report day; and
(iv)despite subparagraph (ii), the Speaker must present the report and the statement to the Legislative Assembly on the next sitting day; or
(b)the 21-day period coincides with all or part of the pre-election period for a general election of members of the Assembly—the Minister must table the report and the statement in the Legislative Assembly on the second sitting day after the election is held.
(6)In this section:
Minister’s direction—see section 67CA (1).
pre-election period—see the Electoral Act 1992, dictionary.
Speaker includes—
(a)if the Speaker is unavailable—the Deputy Speaker; and
(b)if both the Speaker and the Deputy Speaker are unavailable—the clerk of the Legislative Assembly.
unavailable—the Speaker or Deputy Speaker is unavailable if—
(a)the Speaker or Deputy Speaker is absent from duty; or
(b)there is a vacancy in the office of Speaker or Deputy Speaker.
67ECoordination group—membership
(1)The coordination group is made up of not more than 12 members appointed by the Minister.
(2)The Minister must ensure that the group includes—
(a)at least 1 member who is a public servant; and
(b)at least 1 member who is not a public servant.
(3)The Minister must not appoint a person to the group unless satisfied that the person has appropriate knowledge and experience in an area relevant to the operation of this Act.
(4)The Minister must appoint a chair and deputy chair of the coordination group from the members appointed under subsection (1).
(5)The conditions of appointment of a member under this section are the conditions stated in the appointment, subject to any determination under the Remuneration Tribunal Act 1995.
(6)The Legislation Act, division 19.3.3 (Appointments—Assembly consultation) does not apply to an appointment under this section.
NoteFor laws about appointments, see the Legislation Act, pt 19.3.
(7)An appointment is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
67FEnding of appointments
The Minister may end the appointment of a member of the coordination group—
(a)for misbehaviour; or
(b)if the member becomes bankrupt or personally insolvent; or
NoteBankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.
(c)if the member is convicted, or found guilty, in Australia of an offence punishable by imprisonment for at least 1 year; or
(d)if the member is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or
(e)if the member is absent for 3 consecutive meetings without leave of the chair; or
(f)for physical or mental incapacity that substantially affects the exercise of the member’s functions.
NoteA person’s appointment also ends if the person resigns (see Legislation Act, s 210).
67GCoordination group—general procedure
(1)Meetings of the coordination group are to be held when and where it decides.
(2)The coordination group may conduct its proceedings (including its meetings) as it considers appropriate.
67HCoordination group—quorum at meetings
Business may be carried on at a meeting of the coordination group only if at least half of the group members are present.
67IVoting at coordination group meetings
At a meeting of the coordination group, a question is decided by the majority of the votes of the group members present and voting.
67JReimbursement of expenses for coordination group members
(1)A member of the coordination group is not entitled to be paid for the exercise of the member’s functions.
(2)However, a member may apply to the director-general for reimbursement of expenses reasonably incurred by the member for the purpose of attending a meeting or otherwise performing a function of the coordination group, subject to any determination under the Remuneration Tribunal Act 1995.
(3)Subsection (2) does not apply to a group member who is a public servant.
Part 8Assessment and investigation of water resources
Water resources monitoring and assessment—director‑general
(1)The director-general must, as far as possible, continuously monitor and assess the condition of the Territory’s water resources.
(2)For subsection (1), the director-general may do any of the following:
(a)construct, repair, alter or remove gauging, recording and monitoring stations or drill bores;
(b)systematically monitor—
(i)stream flow; and
(ii)weather and climate; and
(iii)waterways and ground waters;
(c)operate or maintain gauging, recording and monitoring stations;
(d)carry out investigations to determine the existence, location and nature of bores and water structures;
(e)monitor bores and water structures;
(f)sample and analyse water.
68APower to enter land for water resources monitoring and assessment
(1)For section 68 (2), the director-general may, at any reasonable time, enter land—
(a)to take measurements and carry out work that is reasonably required; and
(b)with any people and equipment that is reasonably required.
NoteThe Criminal Code, s 361 and s 363 contain offences for obstructing Territory public officials.
(2)However, the director-general must not enter land to do work mentioned in section 68 (2) (a) unless, at least 14 days before the entry day, the director-general gave the owner or occupier of the land written notice (a works notice) of—
(a)the land proposed to be entered; and
(b)the work proposed to be done; and
(c)any vehicle, plant or machinery proposed to be used to carry out the work.
(3)The director-general may, at any reasonable time, enter land on which work mentioned in a works notice is being, or has been, done—
(a)for the purpose of doing something mentioned in section 68 (2) (b), (c), (d), (e) or (f); and
(b)with any people and equipment that is reasonably required.
(4)This section does not authorise entry into a part of premises that is being used for residential purposes other than with the occupier’s consent.
(5)A person who enters land under this section is not authorised to remain on the land if, on request by the occupier of the land, the person does not produce a certificate signed by the director-general for this section that the person is authorised to carry out an activity mentioned in the certificate.
68BWater resources investigations—authority
(1)The authority may investigate the use of water taken from waterways for the purposes of protecting the Territory’s water resources and ensuring compliance with this Act.
(2)For subsection (1), the authority may do anything mentioned in section 68 (2).
NoteThe authority is an authorised officer (see Environment Protection Act 1997, s 14 (2)), and authorised officers have powers, such as to enter premises and to seize things, under this Act, div 10.2 (Powers of authorised officers).
Cooperation etc with other jurisdictions
(1)For this part—
(a)the director-general may liaise and work in cooperation with the Commonwealth or a State in relation to the assessment and monitoring of water resources, including in relation to policy development, in which there is a shared interest; and
(b)the authority may liaise and work in cooperation with the Commonwealth or a State in relation to the investigation of the use of water taken from waterways, including in relation to protecting water resources and ensuring compliance with this Act or a corresponding law, in which there is a shared interest.
(2)In this section:
corresponding law means a law of the Commonwealth or a State that corresponds, or substantially corresponds, to this Act.
NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).
Things fixed to land by director-general or authority
(1)This section applies if, in the exercise of a function under this part, the director-general or the authority attaches anything to land.
(2)The thing is taken not to be—
(a)a fixture to the land for the purpose of giving the owner or occupier of the land a proprietary interest in it; or
(b)an improvement.
Part 9Protection of water resources
Notice prohibiting or restricting taking of water
(1)This section applies if—
(a)temporary water restrictions are in force under the Utilities (Water Conservation) Regulation 2006; or
(b)the Minister is satisfied that—
(i)because of contamination of surface water or ground water, taking the water may pose a risk to the health or safety of people or of damage to property or the environment; or
(ii)for any other reason, taking surface water or ground water may adversely affect the environment.
(2)The Minister may, by notice, prohibit or restrict the taking of surface water or ground water.
(3)The notice is a notifiable instrument.
Note 1A notifiable instrument must be notified under the Legislation Act.
Note 2The power to make a statutory instrument (including a notifiable instrument) includes power to make different provisions in relation to different matters or different classes of matters, and provisions that apply differently by reference to stated exceptions or factors (see Legislation Act, s 48).
(4)The authority must also give a copy of the notice to each licence holder who is affected by it.
(5)The notice expires on the date (not later than 12 months after the day it is notified under the Legislation Act) stated in the notice.
(6)A person must comply with a prohibition or restriction under a notice under this section.
Direction to modify or remove water structure
(1)The Minister may give the owner or occupier of land where a water structure is located a written direction to modify or remove the structure to allow water to pass over, under or through it.
(2)A person must comply with a direction given to the person under this section.
Direction to rectify effect of unauthorised activity etc
(1)This section applies if a person has—
(a)done bore work or waterway work that is not authorised under a licence; or
(b)contravened a condition of a licence issued under this Act.
(2)The authority may give the owner or occupier of the land where the work was done or the contravention happened a written direction to take—
(a)stated action to rectify the effect of the work or contravention; and
(b)any other stated action the authority considers appropriate.
(3)The direction must state a period within which the person must comply with the direction.
(4)A person must comply with a direction given to the person under this section.
Direction to prevent or rectify damage to bed or bank of waterway
(1)It is the duty of the owner or occupier of land on which there is a waterway or that adjoins a waterway to take reasonable steps to prevent damage to the bed or banks of the waterway.
(2)If the authority is satisfied that the owner or occupier of land has failed to carry out the duty, the authority may give the owner or occupier a written direction to take stated action the authority considers appropriate—
(a)to prevent damage mentioned in subsection (1); and
(b)to rectify any damage that has already happened.
(3)The direction must state a period within which the person must comply with the direction.
(4)A person must comply with a direction given to the person under this section.
(5)In this section:
damage does not include—
(a)damage caused in the normal course of an activity authorised under this Act; or
(b)damage of a minor nature.
Directions in relation to unlicensed taking of surface water
(1)This section applies if the authority is satisfied that a person who does not have a licence to take water from a waterway—
(a)has taken or is taking water from the waterway; or
(b)has pumping equipment in or near the waterway that may be used to take water from the waterway.
(2)The authority may give the person a written direction to do 1 or more of the following:
(a)not take the water;
(b)stop taking the water;
(c)not use the pumping equipment;
(d)stop using the pumping equipment;
(e)remove the pumping equipment from the waterway.
(3)A person must comply with a direction given to the person under this section.
Directions in relation to bores
(1)This section applies if the authority is satisfied that something done or not done in relation to a bore may result, directly or indirectly, in the pollution or deterioration, inequitable distribution, loss, wastage or undue depletion of water, or unlicensed taking of water.
(2)The authority may give the owner or occupier of the land where the bore is located a written direction to do 1 or more of the following:
(a)shut off the supply of ground water from the bore in the way stated in the direction;
(b)restrict or limit the amount of water taken from the bore to the extent stated in the direction;
(c)install and maintain a suitable meter to record the amount of water taken or discharged from the bore;
(d)discontinue the use of the bore;
(e)close, or partly or completely plug, seal off or backfill the bore in the way stated in the direction;
(f)use the water taken from the bore for the purpose stated in the direction;
(g)do any other stated thing necessary for the protection of ground water or an aquifer.
(3)The direction must state a period within which the person must comply with the direction.
(4)A person must comply with a direction given to the person under this section.
Action by authority if notice or direction contravened
(1)This section applies if—
(a)the authority has reasonable grounds for believing that a person has engaged in conduct that contravened—
(i)a prohibition or restriction under a notice given to the person under section 71; or
(ii)a direction given to the person under this part; and
(b)the person was told, in writing, about the effect of this section when the notice or direction was given to them.
(2)An authorised officer, or someone else authorised by the authority for this section, may—
(a)enter the relevant land and take any action stated in the notice or direction; and
(b)do anything else necessary to give effect to the notice or direction.
(3)This section does not authorise entry into a part of premises that is being used for residential purposes other than with the occupier’s consent.
(4)A person who enters land under this section is not authorised to remain on the land if, on request by the occupier of the land, the person does not produce—
(a)for an authorised officer—the officer’s identity card; or
(b)in any other case—a certificate signed by the authority for this section that the person is authorised to carry out an activity mentioned in the certificate.
(5)The reasonable costs incurred by the authority in taking action under this section are a debt owing to the Territory by the person to whom the notice or direction was given.
Schedule 1Reviewable decisions
(see pt 11)
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 24 | amend water access entitlement | holder of water access entitlement |
| 2 | 26 | refuse to approve transfer of whole or part of water access entitlement | holder of water access entitlement |
| 3 | 30 | refuse to issue licence to take water | applicant for licence |
| 4 | 31 | impose condition on licence to take water | applicant for licence |
| 5 | 35 | refuse to issue driller’s licence | applicant for licence |
| 6 | 36 | impose condition on driller’s licence | applicant for licence |
| 7 | 39 | refuse to issue bore work licence | applicant for licence |
| 8 | 40 | impose condition on bore work licence | applicant for licence |
| 9 | 44 | refuse to issue waterway work licence | applicant for licence |
| 10 | 45 | impose condition on waterway work licence | applicant for licence |
| 11 | 49 | refuse to issue recharge licence | applicant for licence |
| 12 | 50 | impose condition on recharge licence | applicant for licence |
| 13 | 53 | refuse to renew licence | applicant for renewal |
| 14 | 55 | impose condition on, or amend existing condition of, licence | licence holder |
| 15 | 62 | take disciplinary action mentioned in s 61 (c), (d), (e) or (f) | holder of water access entitlement, water allocation or licence |
| 16 | 73 | give direction to take stated action to rectify effect of unauthorised activity | person to whom direction given |
| 17 | 74 | give direction to take stated action to prevent or rectify damage to bed or banks of waterway | person to whom direction given |
| 18 | 75 | give direction in relation to unlicensed taking of surface water | person to whom direction given |
| 19 | 76 | give direction in relation to bore | person to whom direction given |
Dictionary
(see s 3)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· ACAT
· director-general
· environment protection authority
· found guilty
· function
· home address
· infringement notice
· national capital authority
· national land
· public employee
· public servant
· reviewable decision notice
· territory plan.
aquifer means a geological formation or structure, or an artificial landfill, permeated or capable of being permeated (whether permanently or intermittently) with water.
authorised officer means an authorised officer under the Environment Protection Act 1997, section 14 (3).
authority means the environment protection authority.
bore means a bore, hole, well, excavation or other opening in the ground or an underground cavity (whether occurring naturally or having been artificially constructed or modified)—
(a)that is used, or is capable of being used, to intercept or collect ground water; or
(b)from which ground water is, or is capable of being, obtained or used; or
(c)that is used, or is capable of being used, for the disposal of water or waste below the surface of the ground; or
(d)that extends into an aquifer.
bore work means any of the following:
(a)drilling, constructing, altering, plugging, backfilling or sealing off a bore;
(b)removing, replacing, altering, slotting or repairing the casing, lining or screen of a bore;
(c)deepening a bore (in the course of construction or otherwise).
bore work licence means a licence under section 39.
commencement day means the day this Act commences.
connected with an offence, for part 10 (Enforcement)—see section 78.
coordination group—see section 67A.
corresponding water access entitlement—see section 27.
disciplinary action—see section 61.
disciplinary notice—see section 62 (1).
driller’s licence means a licence under section 35.
engage in conduct means—
(a)do an act; or
(b)omit to do an act.
environmental flow guidelines means environmental flow guidelines under section 12 (1).
environmental record, of a person, means the person’s environmental record both in the ACT and elsewhere so far as it relates to water, and includes any action taken in relation to the person under—
(a)this Act or the repealed Act; or
(b)a licence issued under this Act or the repealed Act; or
(c)a law of the Commonwealth, a State or another Territory that relates to water.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
flow, in relation to surface water and ground water, includes the discharge, release, escape or passage of the water.
ground, for disciplinary action—see section 60.
ground water—see section 9.
incorporated document means an instrument applied, adopted or incorporated by a statutory instrument under this Act.
land includes a building or structure on land.
land sublease—see the Planning Act 2023, dictionary.
licence means a licence under this Act.
licence to take water means a licence under section 30.
occupier, of premises, for part 10 (Enforcement)—see section 78.
offence, for part 10 (Enforcement)—see section 78.
owner, of land, includes—
(a)the lessee of the land; or
(b)for land under a land sublease—the sublessee.
premises, for part 10 (Enforcement)—see section 78.
recharge licence means a licence under section 49.
register means the register under section 66.
repealed Act means the Water Resources Act 1998.
NoteA reference to a repealed Act is a reference to the Act as in force immediately before it was repealed (see Legislation Act, s 103).
reviewable decision, for part 11 (Notification and review of decisions)—see section 94.
stock or domestic use of water by a person means 1 or more of the following:
(a)use for the person, or the person’s family or employees, for domestic purposes;
(b)use for drinking water for stock—
(i)not exceeding the number of stock normally depastured on the relevant land having regard to seasonal fluctuations in the carrying capacity of the land; and
(ii)not held in close concentration for a purpose other than grazing;
(c)use for irrigating a garden, not larger than 2 hectares, that is for domestic use and not for the sale, barter or exchange of goods produced in the garden.
surface water—see section 8.
surviving allocation—see section 110.
take water—see section 11.
urban residential property means any of the following, within the meaning of the territory plan, that has access to urban water supply:
(a)single dwelling housing;
(b)multi-unit housing;
(c)a boarding house;
(d)a guest house.
urban water supply means water supplied by a water utility, other than treated sewage.
water means surface water or ground water, and includes water that contains impurities.
water access entitlement—see section 19.
water management areas—see section 16 (1).
water structure—see section 41.
water utility means a utility licensed under the Utilities Act 2000 to provide a water service.
waterway—see section 10.
waterway work—see section 41.
waterway work licence means a licence under section 44.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Water Resources Act 2007 A2007-19
notified LR 20 June 2007
s 1, s 2 commenced 20 June 2007 (LA s 75 (1))
remainder commenced 1 August 2007 (s 2 and CN2007-8)as amended by
Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.36
notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))
sch 1 pt 1.36 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.108
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.108 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.79
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.79 commenced 22 September 2009 (s 2)Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.85
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.85 commenced 17 December 2009 (s 2)Water Resources Amendment Act 2010 A2010-31
notified LR 1 September 2010
s 1, s 2 commenced 1 September 2010 (LA s 75 (1))
s 4 commenced 1 March 2011 (s 2 and LA s 79)
remainder commenced 18 October 2010 (s 2 and CN2010-10)Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.56
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))sch 3 pt 3.56 commenced 5 June 2012 (s 2 (2))
Directors Liability Legislation Amendment Act 2013 A2013-4 sch 1 pt 1.12
notified LR 21 February 2013
s 1, s 2 commenced 21 February 2013 (LA s 75 (1))
sch 1 pt 1.12 commenced 22 February 2013 (s 2)Planning, Building and Environment Legislation Amendment Act 2013 A2013-15 pt 11
notified LR 21 May 2013
s 1, s 2 commenced 21 May 2013 (LA s 75 (1))
pt 11 commenced 22 May 2013 (s 2)Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.53
notified LR 24 May 2013
s 1, s 2 commenced 24 May 2013 (LA s 75 (1))
sch 3 pt 3.53 commenced 14 June 2013 (s 2)Water Resources Amendment Act 2013 A2013-27
notified LR 21 August 2013
s 1, s 2 commenced 21 August 2013 (LA s 75 (1))
remainder commenced 22 August 2013 (s 2)Planning and Development (University of Canberra and Other Leases) Legislation Amendment Act 2015 A2015‑19 pt 25
notified LR 11 June 2015
s 1, s 2 commenced 11 June 2015 (LA s 75 (1))
pt 25 commenced 1 July 2015 (s 2 and CN2015-9)Water Resources (Catchment Management Coordination Group) Amendment Act 2015 A2015‑25 pt 2
notified LR 18 August 2015
s 1, s 2 commenced 18 August 2015 (LA s 75 (1))
pt 2 commenced 19 August 2015 (s 2)Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.75
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.75 commenced 14 October 2015 (s 2)Emergencies Amendment Act 2016 A2016‑33 sch 1 pt 1.23
notified LR 20 June 2016
s 1, s 2 commenced 20 June 2016 (LA s 75 (1))
sch 1 pt 1.23 commenced 21 June 2016 (s 2)Red Tape Reduction Legislation Amendment Act 2017 A2017-17 pt 11
notified LR 14 June 2017
s 1, s 2 commenced 14 June 2017 (LA s 75 (1))
pt 11 commenced 31 August 2017 (s 2 (2))Planning, Building and Environment Legislation Amendment Act 2017 (No 2) A2017-20 pt 11
notified LR 15 June 2017
s 1, s 2 commenced 15 June 2017 (LA s 75 (1))
pt 11 commenced 16 June 2017 (s 2)Red Tape Reduction Legislation Amendment Act 2018 A2018-33 sch 1 pt 1.41
notified LR 25 September 2018
s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
sch 1 pt 1.41 commenced 23 October 2018 (s 2 (4))Water Resources Amendment Act 2019 A2019-15
notified LR 14 June 2019
s 1, s 2 commenced 14 June 2019 (LA s 75 (1))
remainder commenced 15 June 2019 (s 2)Emergencies Amendment Act 2020 A2020‑47 sch 1 pt 1.9
notified LR 3 September 2020
s 1, s 2 commenced 3 September 2020 (LA s 75 (1))
sch 1 pt 1.9 commenced 4 September 2020 (s 2)Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.65
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.65 commenced 23 June 2021 (s 2 (1))Water Resources Amendment Act 2023 A2023-26
notified LR 7 July 2023
s 1, s 2 commenced 7 July 2023 (LA s 75 (1))
remainder commenced 8 July 2023 (s 2)Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.72
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.72 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)Planning and Environment Legislation Amendment Act 2024 A2024‑21 sch 1 pt 1.4
notified LR 24 May 2024
s 1, s 2 commenced 24 May 2024 (LA s 75 (1))
sch 1 pt 1.4 commenced 31 May 2024 (s 2 (1))Environment Protection Legislation Amendment Act 2024 A2024-35 pt 4
notified LR 10 July 2024
s 1, s 2 commenced 10 July 2024 (LA s 75 (1))
pt 4 commenced 11 July 2024 (s 2 (1))Amendment history
Commencement
s 2om LA s 89 (4)
Application of Act to national land and Googong Dam Area
s 7Ains A2010‑31 s 4
ACT water resource plan
s 11Ains A2019‑15 s 4
am A2024‑35 s 59, s 60
Environmental flow guidelines—preparation by director‑general
s 13sub A2023‑26 s 4
Environmental flow guidelines—consultation
s 14am A2009‑20 amdt 3.227; A2013‑19 amdt 3.508; A2015‑33 amdt 1.259; ss renum R16 LA; A2023‑26 s 5, s 6
Environmental flow guidelines—submission to Minister
s 15am A2023‑26 ss 7-10
Environmental values
pt 3A hdgins A2023-36 amdt 1.412
Environmental values for waterways
s 15Ains A2023-36 amdt 1.412
Amounts of water available from areas
s 17am A2019‑15 s 5, s 6; ss renum R21 LA; A2023‑26 s 11
Water access entitlement—application
s 20am A2021-12 amdt 3.183
Water access entitlement—special provision for certain entitlements based on surviving allocations etc
s 25am A2013‑15 s 21; A2024-21 amdt 1.5
Water access entitlement—transfer
s 26am A2010‑31 s 5
Licence to take water—requirement
s 28am A2007‑25 amdt 1.208
(1)-(5) reloc as s 77A (1)-(5)
am A2010‑31 s 7, s 8; ss renum R7 LA; A2012‑21 amdt 3.215, amdt 3.216; A2016‑33 amdt 1.53, amdt 1.54; A2020‑47 amdts 1.22-1.24; pars renum R22 LA; A2023-36 amdt 1.413
Licence to take water—application
s 29am A2021-12 amdt 3.183
Licence to take water—decision on application
s 30am A2023-36 amdt 1.413
Licence to take water—where water may be taken
s 32am A2013‑27 s 4
Driller’s licence—requirement
s 33orig s 33
reloc as s 77B (1)
pres s 33
ins A2010‑31 s 11
Driller’s licence—application
s 34am A2021-12 amdt 3.183
Bore work licence—requirement
s 37(1), (2) reloc as s 77B (2), (3)
am A2010‑31 s 13; ss renum R7 LA
Bore work licence—application
s 38am A2021-12 amdt 3.183
Bore work licence—decision on application
s 39am A2010‑31 ss 14-16
Definitions––Act
s 41 hdgsub A2013‑19 amdt 3.509
s 41am A2013‑19 amdt 3.509
Waterway work licence—requirement
s 42(1) reloc as s 77C (1)
am A2010‑31 s 18, s 19; A2017-17 s 61, s 62
Waterway work licence—application
s 43am A2021-12 amdt 3.183
Planning Act 2023 not affected
s 46sub A2023-36 amdt 1.414
Recharge licence—requirement
s 47orig s 47
reloc as s 77D
pres s 47
ins A2010‑31 s 22
Recharge licence—application
s 48am A2021-12 amdt 3.183
Licences—renewal
s 53am A2021-12 amdt 3.183
Offence—failing to produce licence
s 57reloc as s 77E
Licence conditions—requirement
s 58orig s 58
reloc as s 77F
pres s 58
ins A2010‑31 s 25
Offences—contravening certain conditions of licence to take water
s 59reloc as s 77G
Functions—director-general and authority
s 64sub A2023‑26 s 12
Delegation—director-general and authority
s 65sub A2023‑26 s 12
ACT and region catchment management coordination group
pt 7A hdgins A2015‑25 s 4
Coordination group—establishment
s 67Ains A2015‑25 s 4
Coordination group—functions
s 67Bins A2015‑25 s 4
am A2017‑20 s 19, s 20; A2023‑26 s 13, s 14; ss renum R24 LA
Consideration of coordination group advice
s 67Cins A2015‑25 s 4
sub A2023‑26 s 15
Coordination group—Minister’s directions
s 67CAins A2023‑26 s 16
Annual report by coordination group
s 67Dins A2015‑25 s 4
am A2017‑20 s 21, s 22; A2023‑26 s 17, s 18; ss renum R24 LA
Coordination group—membership
s 67Eins A2015‑25 s 4
am A2017‑20 s 23; pars renum R18 LA; A2023‑26 ss 19-21; ss renum R24 LA; A2024-21 amdt 1.6
Ending of appointments
s 67Fins A2015‑25 s 4
Coordination group—general procedure
s 67Gins A2015‑25 s 4
Coordination group—quorum at meetings
s 67Hins A2015‑25 s 4
am A2023‑26 s 22
Voting at coordination group meetings
s 67Iins A2015‑25 s 4
Reimbursement of expenses for coordination group members
s 67Jins A2015‑25 s 4
Assessment and investigation of water resources
pt 8 hdgsub A2023‑26 s 23
Water resources monitoring and assessment—director‑general
s 68sub A2023‑26 s 23
Power to enter land for water resources monitoring and assessment
s 68Ains A2023‑26 s 23
Water resources investigations—authority
s 68Bins A2023‑26 s 23
Cooperation etc with other jurisdictions
s 69sub A2023‑26 s 23
Things fixed to land by director-general or authority
s 70sub A2023‑26 s 23
Notice prohibiting or restricting taking of water
s 71am A2010‑31 s 27; A2013‑19 amdt 3.510
Direction to modify or remove water structure
s 72am A2010‑31 s 28
Direction to rectify effect of unauthorised activity etc
s 73am A2010‑31 s 29, s 30
Direction to prevent or rectify damage to bed or bank of waterway
s 74am A2010‑31 s 31, s 32
Directions in relation to unlicensed taking of surface water
s 75am A2010‑31 s 33
Directions in relation to bores
s 76am A2010‑31 s 34, s 35
Offences
pt 9A hdgins A2010‑31 s 36
Offences—take water without licence
s 77A hdgins A2010‑31 s 36
s 77A(1)-(5) reloc from s 28 (1)-(5) A2010‑31 s 6
am A2010‑31 s 37
Offences—do bore work without licence
s 77B hdgprev s 33 hdg
sub A2010‑31 s 9
s 77B(1) reloc from s 33 A2010‑31 s 10
(2), (3) reloc from s 37 (1), (2) A2010‑31 s 12
am A2010‑31 s 38; A2013‑27 s 5, s 6
Offence—do waterway work without licence
s 77C hdgins A2010‑31 s 39
s 77C(1) reloc from s 42 (1) A2010‑31 s 17
am A2010‑31 s 40; A2013‑27 s 7; ss renum R12 LA
Offence—do work without recharge licence
s 77D hdgprev s 47 hdg
sub A2010‑31 s 20
s 77Dreloc from s 47 A2010‑31 s 21
Offence—failing to produce licence
s 77Ereloc from s 57 A2010‑31 s 23
Offence—contravening licence conditions
s 77Freloc from s 58 A2010‑31 s 24
am A2013‑27 s 8
Offences—contravening certain conditions of licence to take water
s 77Greloc from s 59 A2010‑31 s 26
Offence—contravene notice prohibiting or restricting taking of water
s 77Hins A2010‑31 s 41
Offences—contravene directions
s 77Iins A2010‑31 s 41
Offences—water meter tampering
s 77Jins A2013‑27 s 9
Power to require name and address
s 84am A2009‑49 amdt 3.214
Warrants—application made other than in person
s 86am A2018‑33 amdt 1.79, amdt 1.80
Notification and review of decisions
pt 11 hdgsub A2008‑37 amdt 1.562
Meaning of reviewable decision—pt 11
s 94sub A2008‑37 amdt 1.562
Reviewable decision notices
s 95sub A2008‑37 amdt 1.562
Applications for review
s 96sub A2008‑37 amdt 1.562
Compensation for exercise of powers
s 99am A2023‑26 s 24
Incorporation of documents
s 100am A2013‑19 amdt 3.511; A2023‑26 s 25
sub A2024‑35 s 61
Inspection of incorporated documents
s 101om A2023‑26 s 26
Notification of certain incorporated documents
s 102am A2013‑19 amdt 3.512
om A2023‑26 s 26
Criminal liability of executive officers
s 104sub A2013-4 amdt 1.15
Approved forms
s 108om A2021-12 amdt 3.184
Regulation-making power
s 109am A2013‑19 amdt 3.513; A2024‑35 s 62, s 63; ss renum R27 LA
Transitional
pt 20 hdgexp 1 August 2008 (s 206)
Environmental flow guidelines
s 200exp 1 August 2008 (s 206 (LA s 88 declaration applies))
Existing licences and permits
s 201exp 1 August 2008 (s 206 (LA s 88 declaration applies))
Water access entitlement for certain existing licence holders
s 202exp 1 August 2008 (s 206)
Information on register
s 203exp 1 August 2008 (s 206 (LA s 88 declaration applies))
References to Planning and Development Act
s 204sub A2007‑25 amdt 1.209
exp 1 August 2008 (s 206)
Transitional regulations
s 205exp 1 August 2008 (s 206)
Expiry—pt 20
s 206exp 1 August 2008 (s 206)
Repeals and consequential amendments
pt 21 hdgom LA s 89 (3)
Legislation repealed
s 207om LA s 89 (3)
Administrative Decisions (Judicial Review) Act 1989
Schedule 1, item 18
s 208om LA s 89 (3)
Gungahlin Drive
Extension Authorisation Regulation 2004
Section 4 (e)
s 209om LA s 89 (3)
Land (Planning and Environment) Regulation 1992
Schedule 1, item 3 (d)
s 210om LA s 89 (3)
Utilities Act 2000
Section 20 (2) (l)
s 211om LA s 89 (3)
Transitional—Planning (Consequential Amendments) Act 2023
pt 22 hdgins A2023-36 amdt 1.417
exp 27 November 2024 (s 213)
References to Planning Act 2023
s 212ins A2023-36 amdt 1.417
exp 27 November 2024 (s 213)
Expiry—pt 22
s 213ins A2023-36 amdt 1.417
exp 27 November 2024 (s 213)
Reviewable decisions
sch 1ins A2008‑37 amdt 1.563
am A2009‑20 amdt 3.228; items renum R5 LA
Dictionary
dictam A2008‑37 amdt 1.563; A2009‑20 amdt 3.229; A2009‑49 amdt 3.215; A2010‑31 s 42; A2013‑19 amdt 3.514; A2015‑25 s 5; A2015‑33 amdt 1.260; A2023-36 amdt 1.415
def coordination group ins A2015‑25 s 6
def land sublease ins A2015‑19 s 152
sub A2023-36 amdt 1.416
def owner sub A2015‑19 s 153
def reviewable decision sub A2008‑37 amdt 1.565
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
1 Aug 20071 Aug 2007–
30 Mar 2008not amended new Act R2
31 Mar 200831 Mar 2008–
1 Aug 2008A2007‑25 amendments by A2007‑25 R3
2 Aug 20082 Aug 2008–
1 Feb 2009A2007‑25 commenced expiry R4
2 Feb 20092 Feb 2009–
21 Sept 2009A2008‑37 amendments by A2008‑37 R5
22 Sept 200922 Sept 2009–
16 Dec 2009A2009‑20 amendments by A2009‑20 R6
17 Dec 200917 Dec 2009–
17 Oct 2010A2009‑49 amendments by A2009‑49 R7
18 Oct 201018 Oct 2010–
28 Feb 2011A2010‑31 amendments by A2010‑31 R8
1 Mar 20111 Mar 2011–
4 June 2012A2010‑31 amendments by A2010‑31 R9
5 June 20125 June 2012–
21 Feb 2013A2012‑21 amendments by A2012‑21 R10
22 Feb 201322 Feb 2013–
21 May 2013A2013‑4 amendments by A2013‑4 R11
22 May 201322 May 2013–
13 June 2013A2013‑15 amendments by A2013‑15 R12
14 June 201314 June 2013–
21 Aug 2013A2013-19 amendments by A2013-19 R13
22 Aug 201322 Aug 2013–
30 June 2015A2013-27 amendments by A2013-27 R14
1 July 20151 July 2015–
18 Aug 2015A2015‑19 amendments by A2015‑19 R15
19 Aug 201519 Aug 2015–
13 Oct 2015A2015-25 amendments by A2015-25 R16
14 Oct 201514 Oct 2015–
20 June 2016A2015-33 amendments by A2015-33 R17
21 June 201621 June 2016–
15 June 2017A2016-33 amendments by A2016-33 R18
16 June 201716 June 2017–
30 Aug 2017A2017-20 amendments by A2017-20 R19
31 Aug 201731 Aug 2017–
22 Oct 2018A2017-20 amendments by A2017-17 R20
23 Oct 201823 Oct 2018
14 June 2019A2018‑33 amendments by A2018‑33 R21
15 June 201915 June 2019–
3 Sept 2020A2019‑15 amendments by A2019‑15 R22
4 Sept 20204 Sept 2020–
22 June 2021A2020‑47 amendments by A2020‑47 R23
23 June 202123 June 2021–
7 July 2023A2021‑12 amendments by A2021‑12 R24
8 July 20238 July 2023–
26 Nov 2023A2023‑26 amendments by A2023‑26 R25
27 Nov 202327 Nov 2023–
30 May 2024A2023‑36 amendments by A2023‑36 R26
31 May 202431 May 2024–
10 July 2024A2024‑21 amendments by A2024‑21 R27
11 July 202411 July 2024–
27 Nov 2024A2024‑35 amendments by A2024‑35
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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