Water Resources Amendment Act 2010 (ACT)

Case

Water Resources Amendment Act 2010

A2010-31

Contents

Page

  1. Name of Act  2

  2. Commencement  2

  3. Legislation amended  2

  4. New section 7A  2

  5. Water access entitlement—transfer


    Section 26 (2) (a)  3

  6. Licence to take water—requirement


    Section 28 (1) to (5)  3

  7. New section 28 (1)  4

  8. Section 28 (6)  4

  9. Section 33 heading  4

  10. Section 33 (as amended)  4

  11. New section 33  4

  12. Bore work licence—requirement


    Section 37 (1) and (2)  4

  13. New section 37 (1)  5

  14. Bore work licence—decision on application


    Section 39 (2) (a)  5

  15. Section 39 (2) (b)  5

  16. New section 39 (3)  5

  17. Waterway work licence—requirement


    Section 42 (1)  6

  18. New section 42 (1)  6

  19. Section 42 (2)  6

  20. Section 47 heading  6

  21. Section 47 (as amended)  6

  22. New section 47  7

  23. Offence—failing to produce licence


    Section 57  7

  24. Offence—contravening licence conditions


    Section 58  7

  25. New section 58  7

  26. Offences—contravening certain conditions of licence to take water


    Section 59  7

  27. Notice prohibiting or restricting taking of water


    Section 71 (6) and penalty  8

  28. Direction to modify or remove water structure


    Section 72 (2) and penalty  8

  29. Direction to rectify effect of unauthorised activity etc


    Section 73 (3)  8

  30. Section 73 (4) and penalty  8

  31. Direction to prevent or rectify damage to bed or bank of waterway


    Section 74 (3)  9

  32. Section 74 (4) and penalty  9

  33. Directions in relation to unlicensed taking of surface water


    Section 75 (3) and penalty  9

  34. Directions in relation to bores


    Section 76 (3)  9

  35. Section 76 (4) and (5)  10

  36. New part 9A and section 77A headings  10

  37. New section 77A (6)  10

  38. New section 77B (4)  10

  39. New section 77C heading  10

  40. New section 77C (2)  11

  41. New sections 77H and 77I  11

  42. Dictionary, note 2  12

Schedule 1Consequential amendments  13

Part 1.1Magistrates Court (Water Resources Infringement Notices) Regulation 2007    13

Part 1.2Water Resources Regulation 2007  13

Water Resources Amendment Act 2010

A2010-31

An Act to amend the Water Resources Act 2007, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Water Resources Amendment Act 2010.

  2. Commencement

    This Act commences on a day fixed by the Minister by written notice.

    Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

    Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

    Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

  3. Legislation amended

    This Act amends the Water Resources Act 2007.

    NoteThis Act also amends other legislation (see sch 1).

  4. New section 7A

    insert

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.

  1. Water access entitlement—transfer
    Section 26 (2) (a)

    substitute

    (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

  2. Licence to take water—requirement
    Section 28 (1) to (5)

    relocate as section 77A (1) to (5)

  3. New section 28 (1)

    insert

    (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.

  4. Section 28 (6)

    omit

    This section does not apply to—

    substitute

    However, a licence is not required for—

  5. Section 33 heading

    substitute

  6. Offences—do bore work without licence

  7. Section 33 (as amended)

    relocate as section 77B (1)

  8. New section 33

    insert

  9. 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.

  10. Bore work licence—requirement
    Section 37 (1) and (2)

    relocate as section 77B (2) and (3)

  11. New section 37 (1)

    insert

    (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.

  12. Bore work licence—decision on application
    Section 39 (2) (a)

    substitute

    (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

  13. Section 39 (2) (b)

    omit

    grant

    substitute

    issue

  14. New section 39 (3)

    insert

    (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.

  15. Waterway work licence—requirement
    Section 42 (1)

    relocate as section 77C (1)

  16. New section 42 (1)

    insert

    (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 a waterway work licence for the waterway work.

  17. Section 42 (2)

    omit

    This section does not apply to

    substitute

    However, a waterway work licence is not required for

  18. Section 47 heading

    substitute

  19. Offence—do work without recharge licence

  20. Section 47 (as amended)

    relocate as section 77D

  21. New section 47

    insert

  22. 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.

  23. Offence—failing to produce licence
    Section 57

    relocate as section 77E

  24. Offence—contravening licence conditions
    Section 58

    relocate as section 77F

  25. New section 58

    insert

  26. Licence conditions—requirement

    The holder of a licence must comply with a condition of the licence.

  27. Offences—contravening certain conditions of licence to take water
    Section 59

    relocate as section 77G

  28. Notice prohibiting or restricting taking of water
    Section 71 (6) and penalty

    substitute

    (6)A person must comply with a prohibition or restriction under a notice under this section.

  29. Direction to modify or remove water structure
    Section 72 (2) and penalty

    substitute

    (2)A person must comply with a direction given to the person under this section.

  30. Direction to rectify effect of unauthorised activity etc
    Section 73 (3)

    omit

    may

    substitute

    must

  31. Section 73 (4) and penalty

    substitute

    (4)A person must comply with a direction given to the person under this section.

  32. Direction to prevent or rectify damage to bed or bank of waterway
    Section 74 (3)

    omit

    may

    substitute

    must

  33. Section 74 (4) and penalty

    substitute

    (4)A person must comply with a direction given to the person under this section.

  34. Directions in relation to unlicensed taking of surface water
    Section 75 (3) and penalty

    substitute

    (3)A person must comply with a direction given to the person under this section.

  35. Directions in relation to bores
    Section 76 (3)

    omit

    may

    substitute

    must

  36. Section 76 (4) and (5)

    substitute

    (4)A person must comply with a direction given to the person under this section.

  37. New part 9A and section 77A headings

    insert

Part 9AOffences

77AOffences—take water without licence

  1. New section 77A (6)

    insert

    (6)This section does not apply if a licence is not required as mentioned in section 28 (2).

  2. New section 77B (4)

    insert

    (4)Subsections (2) and (3) do not apply to bore work that is exempt from the requirement for a bore work licence under a regulation.

  3. New section 77C heading

    insert

77COffence—do waterway work without licence

  1. New section 77C (2)

    insert

    (2)This section does not apply if a waterway work licence is not required as mentioned in section 42 (2).

  2. New sections 77H and 77I

    insert

77HOffence—contravene notice prohibiting or restricting taking of water

A person commits an offence if the person engages in conduct that contravenes a prohibition or restriction under a notice under section 71 (Notice prohibiting or restricting taking of water).

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

77IOffences—contravene directions

(1)A person commits an offence if the person engages in conduct that contravenes a direction given to the person under—

(a)section 72 (Direction to modify or remove water structure); or

(b)section 73 (Direction to rectify effect of unauthorised activity etc).

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

(2)A person commits an offence if the person engages in conduct that contravenes a direction given to the person under section 74 (Direction to prevent or rectify damage to bed or bank of waterway).

Maximum penalty: 100 penalty units.

(3)A person commits an offence if the person engages in conduct that contravenes a direction given to the person under—

(a)section 75 (Directions in relation to unlicensed taking of surface water); or

(b)section 76 (Directions in relation to bores).

Maximum penalty: 50 penalty units.

(4)An offence against subsection (3) (b) is a strict liability offence.

  1. Dictionary, note 2

    insert

    ·     national land


Schedule 1Consequential amendments

(see s 3)

Part 1.1Magistrates Court (Water Resources Infringement Notices) Regulation 2007

[1.1]Schedule 1, items 1 to 7, column 2

substitute

77A (2)
77A (4)
77G (1)
77G (2)
77G (3)
77G (4)
77G (5)

Part 1.2Water Resources Regulation 2007

[1.2]Section 6 heading

substitute

  1. Exemptions from requirement for licence to take water—Act, s 28 (2) (e)

[1.3]Section 10 heading

substitute

  1. Exemptions from requirement for bore work licence—Act, s 37 (2)

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 25 March 2010.

  2. Notification

    Notified under the Legislation Act on 1 September 2010.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Water Resources Amendment Bill 2010, which was passed by the Legislative Assembly on 19 August 2010.

    Acting Clerk of the Legislative Assembly

    © Australian Capital Territory 2010

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