Water Resources Regulation 2006 (ACT)

Water Resources Regulation 2006 (repealed)   

SL2006-14

made under the

Water Resources Act 1998

Republication No 4

Effective:  1 August 2007

Republication date: 1 August 2007

As repealed by A2007-19 s 207 (2)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Water Resources Regulation 2006 (repealed), made under the Water Resources Act 1998, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 August 2007. 

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 or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

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 Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a)if the person charged is an individual—$100; or

(b)if the person charged is a corporation—$500.

Water Resources Regulation 2006 (repealed)

made under the

Water Resources Act 1998

Contents

Page

1. Name of regulation  2

2. Notes  2

3. Exceptions to moratorium—Act, s 63B (12)  2

4. Exception to moratorium in relation to GDE works—Act, s 63B (12)        4

5. Expiry  5

Endnotes

1. About the endnotes  6

2. Abbreviation key  6

3. Legislation history  7

4. Amendment history  7

5. Earlier republications  8

Water Resources Regulation 2006 (repealed)

made under the

Water Resources Act 1998

1. Name of regulation

   This regulation is the Water Resources Regulation 2006.

2. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

3. Exceptions to moratorium—Act, s 63B (12)

   (1)The operation of the Act, section 28 (1) to (10) is not suspended in relation to a grant of a water allocation to a person if the water is to be used on unleased land that is subject to the territory plan land use policy B9 (urban open space).

   NoteThe territory plan is available at operation of the Act, section 28 (1) to (10) is not suspended in relation to a grant of a water allocation to a person if the water is to be used on land that—

   (a)is subject to the territory plan land use policy B15 (plantation forestry); and

   (b)under that policy, may be used for outdoor recreation.

   (3)The operation of the Act, section 28 (1) to (10) is not suspended in relation to a grant of a water allocation to a person if the water is to be used on—

   (a)block 1544, district of Belconnen; or

   (b)block 6, section 49, division of Kingston; or

   (c)block 14, section 50, division of Kingston.

   (4)The operation of the Act, section 35 (1) to (4) is not suspended in relation to an application for a licence to take water if the water is to be used on unleased land that is subject to the territory plan land use policy B9 (urban open space).

   (5)The operation of the Act, section 35 (1) to (4) is not suspended in relation to an application for a licence to take water if the water is to be used on land that—

   (a)is subject to the territory plan land use policy B15 (plantation forestry); and

   (b)under that policy, may be used for outdoor recreation.

   (6)The operation of the Act, section 35 (1) to (4) is not suspended in relation to an application for a licence to take water if the water is to be used on—

   (a)block 1544, district of Belconnen; or

   (b)block 6, section 49, division of Kingston; or

   (c)block 14, section 50, division of Kingston.

   (7)The operation of the Act, section 44 (1) and (2) is not suspended in relation to an application for a bore construction permit if the bore is to be used for the taking of water for use on unleased land that is subject to the territory plan land use policy B9 (urban open space).

   (8)The operation of the Act, section 44 (1) and (2) is not suspended in relation to an application for a bore construction permit if the bore is to be used for the taking of water for use on land that—

   (a)is subject to the territory plan land use policy B15 (plantation forestry); and

   (b)under that policy, may be used for outdoor recreation.

   (9)The operation of the Act, section 44 (1) and (2) is not suspended in relation to an application for a bore construction permit if the bore is to be used for the taking of water for use on—

   (a)block 1544, district of Belconnen; or

   (b)block 6, section 49, division of Kingston; or

   (c)block 14, section 50, division of Kingston.

4. Exception to moratorium in relation to GDE works—Act, s 63B (12)

   (1)The operation of the Act, section 28 (1) to (10) is not suspended in relation to a grant of a water allocation of water from Lake Ginninderra to a person if the water is to be used in relation to works that are—

   (a)part of the construction of the GDE; or

   (b)related to the construction of the GDE.

   (2)The operation of the Act, section 35 (1) to (4) is not suspended in relation to an application for a licence to take water from Lake Ginninderra if the water is to be used in relation to works that are—

   (a)part of the construction of the GDE; or

   (b)related to the construction of the GDE.

   (3)In this section:

   GDE—see the Gungahlin Drive Extension Authorisation Act 2004, section 5.

   NoteUnder the Gungahlin Drive Extension Authorisation Act 2004, section 6, the Minister may, in writing, declare that stated works are part of, or relate to, the construction of the GDE.

5. Expiry

   This regulation expires on the expiry of the Act, section 63C (End of moratorium).

Endnotes

1. 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 and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   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.

2. Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

1. Legislation history

   Water Resources Regulation 2006 SL2006-14

   notified LR 1 May 2006
   s 1, s 2 commenced 1 May 2006 (LA s 75 (1))
   remainder commenced 2 May 2006 (s 2)

   NoteThis regulation exp the day the Act, s 63C expires. The prescribed date is 1 September 2007 (see s 6 and Water Resources Act 1998 A1998-63 s 63C).

   as amended by

   Water Resources Amendment Regulation 2006 (No 1) SL2006-46

   notified LR 26 October 2006
   s 1, s 2 commenced 26 October 2006 (LA s 75 (1))
   remainder commenced 27 October 2006 (s 2)

   Water Resources Amendment Regulation 2006 (No 2) SL2006-55

   notified LR 11 December 2006
   s 1, s 2 commenced 11 December 2006 (LA s 75 (1))
   remainder commenced 12 December 2006 (s 2)

   as repealed by

   Water Resources Act 2007 A2007-19 s 207

   notified LR 20 June 2007
   s 1, s 2 commenced 20 June 2007 (LA s 75 (1))
   s 207 commenced 1 August 2007 (s 2 and CN2007-8)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Exceptions to moratorium—Act, s 63B (12)

   s 4am SL2006-46 ss 4-6; ss renum R2 LA

   Exception to moratorium in relation to GDE works—Act, s 63B (12)

   s 4Arenum as s 5

   Exception to moratorium in relation to GDE works—Act, s 63B (12)

   s 5orig s 5

   renum as s 6

   pres s 5

   (prev s 4A) ins SL2006-55 s 4

   renum as s 5 SL2006-55 s 5

   Expiry

   s 6(prev s 5) renum as s 6 SL2006-55 s 5

3. 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 2 May 2006	2 May 2006– 26 Oct 2006	not amended	new regulation
R2 27 Oct 2006	27 Oct 2006– 11 Dec 2006	SL2006-46	amendments by SL2006-46
R3 12 Dec 2006	12 Dec 2006– 31 July 2007	SL2006-55	amendments by SL2006-55