Water Resources Amendment Act 2013 (ACT)

Water Resources Amendment Act 2013

A2013-27

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Licence to take water—where water may be takenNew section 32 (2) (c)  2

5            Offences—do bore work without licenceSection 77B (1) (b), new note  2

6            Section 77B (3) (b), new note  2

7           Offence—do waterway work without licenceNew section 77C (1A) and (1B)  3

8            Offence—contravening licence conditionsSection 77F (2)  3

9            New section 77J  4

Schedule 1 Other amendments  6

Part 1.1    Magistrates Court (Water Resources Infringement Notices) Regulation 2007    6

Part 1.2    Water Resources Regulation 2007  6

Water Resources Amendment Act 2013

A2013-27

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 2013.

2. Commencement

   This Act commences on the day after its notification day.

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

3. Legislation amended

   This Act amends the Water Resources Act 2007.

   NoteThis Act also amends the following legislation (see sch 1):

   ·     Magistrates Court (Water Resources Infringement Notices) Regulation 2007

   ·     Water Resources Regulation 2007.

4. Licence to take water—where water may be taken
   New section 32 (2) (c)

   insert

   (c)if the water is to be used for road works, earthworks or other construction, or landscaping—any water management area.

5. Offences—do bore work without licence
   Section 77B (1) (b), new note

   after the penalty, insert

   NoteDriller’s licence means a licence under s 35.

6. Section 77B (3) (b), new note

   after the penalty, insert

   NoteBore work licence means a licence under s 39.

7. Offence—do waterway work without licence
   New section 77C (1A) and (1B)

   insert

   (1A)A person commits an offence if the person—

   (a)does waterway work; and

   (b)does not have a waterway work licence for the waterway work.

   Maximum penalty: 50 penalty units.

   (1B)An offence against subsection (1A) is a strict liability offence.

8. Offence—contravening licence conditions
   Section 77F (2)

   substitute

   (2)The holder of a bore work licence or driller’s licence commits an offence if—

   (a)the holder’s licence is subject to a condition requiring the holder to give a bore completion report to the authority; and

   (b)the holder contravenes the condition.

   Maximum penalty: 25 penalty units.

   (3)An offence against this section is a strict liability offence.

   (4)In this section:

   bore completion report, for a bore, means a report prepared by the person who drilled the bore that sets out the details of the bore.

   Examples—details of the bore

   1     diameter and length of the bore

   2     whether a sleeve or case was fitted inside the edge of the bore

   3     the geology and soil types found while drilling the bore

   NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

9. New section 77J

   in part 9A, insert

77JOffences—water meter tampering

(1)A person commits an offence if the person tampers with a water meter.

Maximum penalty: 50 penalty units.

(2)This section does not apply if the person is—

(a)a person prescribed by regulation who is installing, maintaining, repairing or replacing the water meter; or

(b)acting with the written permission of the authority; or

(c)a holder of a licence to take water complying with a requirement under this part.

(3)In this section:

tamper with a water meter—

(a)means interfere with, damage or destroy the water meter; and

(b)includes—

(i)unsealing any sealed component of the meter; or

(ii)blocking any part of the meter; or

(iii)attaching to the meter any device that is likely to affect the operation of the meter; or

(iv)disconnecting the meter from its power source.

Schedule 1Other amendments

(see s 3)

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

[1.1]Schedule 1, new items 2A and 2B

insert

2A	77C (1A)	50	1000
2B	77F (2)	25	500

Part 1.2Water Resources Regulation 2007

[1.2]Section 6 (1) (b)

omit

[1.3]New section 8A

insert

8AExemption from requirement for water access entitlement—road works, earthworks, construction or landscaping—Act, s 30 (2) (a)

(1)The authority may exempt a person from the requirement mentioned in the Act, section 30 (2) (a) (i) in relation to surface water if the water is to be used for—

(a)road works, earthworks or other construction; or

(b)landscaping.

Examples—landscaping

1establishing new plants along a street

2establishing vegetation, including an erosion control blanket to stabilise the terrain, where road works or earthworks have been completed

NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2)The authority may give the exemption only if satisfied that giving the exemption will result in improved environmental outcomes or other public benefit.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 6 June 2013.

2. Notification

   Notified under the Legislation Act on 21 August 2013.

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 2013, which was passed by the Legislative Assembly on 6 August 2013.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2013