Bores and Wells Act 1996 (NI)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2015Q00088 In force Continued Law

Legislation content

NORFOLK  ISLAND

 

Bores and Wells Act 1996

No. 19, 1996

Compilation No. 1

Compilation date:    10 March 2018

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015)

 

 

 

 

 

 

 

NORFOLK  ISLAND

 

BORES AND WELLS ACT 1996

TABLE OF PROVISIONS

PART 1  —  PRELIMINARY

 1. Short title

 2. Commencement

 3. Repeal

 4. Interpretation

PART 2  —  EXISTING APPROVALS

 5. Validity of existing approvals

PART 3  —  INTERIM ENFORCEMENT

 6. Construction or alteration of bores and wells

 7. Remedial work notices

 8. Enforcement of remedial work notices

 9. Restitution by Administration

PART 4  —  TRANSITIONAL

 10. Application of Planning Act 1996

 

 

 

NORFOLK  ISLAND

 

 

Bores and Wells Act 1996

An Act to provide for the prohibition of the construction or alteration of bores or wells, and for related purposes

part 1  —  preliminary

Short title

 1. This Act may be cited as the Bores and Wells Act 1996.

Commencement

 2. This Act commences on the date on which notification of Assent is published in the Gazette.

Repeal

 3. Section 68 and 69 of the Environment Act 1990 are repealed.

Interpretation

 4. In this Act, unless the contrary intention appears —

“bore” includes equipment associated with the use of a bore as a source of water;

“construct” includes —

(a) erect; and

(b) dig or bore a hole;

“Court” means the Court of Petty Sessions;

“well” includes equipment associated with the use of a well as a source of water.

PART 2  —  EXISTING APPROVALS

Validity of existing approvals

 5. (1) Subject to subsection 5(2), a purported approval to construct or alter a bore or a well given by or on behalf of the executive member or the Administration on or after 31 December 1990 and before 26 June 1996, is to be taken for all purposes to have had effect under the Environment Act 1990 as if the approval were valid on and after the date it was given.

  (2) Subsection 5(1) only applies in respect of a bore or well where construction or alteration has been completed before 26 June 1996.

PART 3  —  INTERIM ENFORCEMENT

Construction or alteration of bores and wells

 6. A person shall not construct or alter a bore or well.

Penalty: 60 penalty units or imprisonment for 12 months, or both.

Remedial work notices

 7. (1) This section applies where, in the opinion of the executive member based on reasonable grounds, a bore or well is being, or has been, constructed or altered on or after 31 December 1990 without a purported approval to which subsection 5(1) applies.

  (2) Where this section applies, the executive member may issue a notice to the owner of the land upon which the bore or well is being, or has been, constructed or altered requiring that person, within a specified period, to undertake specified action to reverse any effects of the construction or alteration.

Enforcement of remedial work notices

 8. (1) If a person fails to comply with a notice under subsection 7(2), the executive member may apply to the Court for an order that the person, within a further specified period, comply with the notice and undertake any specified action to reverse any effects of the construction or alteration.

  (2) Upon an application under subsection 8(1), the Court shall make an order under that subsection if satisfied that —

(a) the person against whom the order is sought is constructing or altering, or has constructed or altered, a bore or well without a purported approval to which subsection 5(1) applies; and

(b) the person has failed to comply with a notice under subsection 7(2).

  (3) A person shall not, without reasonable excuse, fail to comply with an order under subsection 8(2).

Penalty for contravention of subsection 8(3):  60 penalty units or imprisonment for 12 months, or both.

Restitution by Administration

 9. (1) If, in the opinion of the executive member based on reasonable grounds, a person fails to comply with an order under subsection 8(2), the executive member may cause to be carried out such works as the executive member considers on reasonable grounds to be necessary to comply with the order.

  (2) The cost of carrying out works under subsection 9(1) is a debt due and payable to the Administration by the person to whom the order was directed and may be recovered by the Administration in a court of competent jurisdiction.

  (3) No action lies against the Crown or any person carrying out works under subsection 9(1) for anything done or omitted to be done, in good faith, in relation to the carrying out or purported carrying out of those works.

PART 4  —  TRANSITIONAL

Application of Planning Act 1996

 10. (1) Part 6 of the Planning Act 1996 applies in relation to the complete or partial construction or alteration of a bore or well as if that construction or alteration were a planning activity carried out without approval under the Planning Act 1996.

  (2) Subsection 10(1) does not apply in relation to the construction or alteration of a bore or well if —

(a) the construction or alteration was completed before 31 December 1990 in accordance with the law; or

(b) subsection 5(1) applies in relation to the construction or alteration; or

(c) the executive member has issued a notice under subsection 7(2) about the construction or alteration.

NOTES

The Bores and Wells Act 1996 as shown in this consolidation comprises Act No. 19 of 1996 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

Bores and Wells Act 1996

19, 1996

20.08.1996

 

 

Ordinance

Registration

Commencement

Application, saving and transitional provision

Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)
(now cited as Norfolk Island Continued Laws Ordinance 2015 (see F2015L01491))

17 June 2015 (F2015L00835)

18 June 2015 (s 2(1) item 1)

Sch 1 (items 344–375)

as amended by

 

 

 

Norfolk Island Legislation Amendment (Public Health) Ordinance 2018

9 Mar 2018 (F2018L00237)

Sch 1 (item 13): 10 Mar 2018 (s 2(1) item 1)

—

 

Table of Amendments

 

ad = added or inserted

am = amended

rep = repealed

rs = repealed and substituted

Provisions affected

How affected

Title

am

Ord No. 2, 2015 (as am by F2018L00237)

Part 3

 

 

6

am

Ord No. 2, 2015 (as am by F2018L00237)

7

am

Ord No. 2, 2015 (as am by F2018L00237)

Part 4

 

 

10

am

Ord No. 2, 2015 (as am by F2018L00237)

 

Overview

The Norfolk Island Bores and Wells Act 1996 was enacted by the Norfolk Island Legislative Assembly to address the problem of unregulated construction and alteration of bores and wells on the island. The Act commenced on 20 August 1996 and has since been amended by the Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) and the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018. The policy objective of the Act is to provide for the prohibition of the construction or alteration of bores and wells, and for related purposes. The Act provides for the validity of existing approvals, interim enforcement measures, and transitional provisions in relation to bores and wells on Norfolk Island.

Scope and Application

The Norfolk Island Bores and Wells Act 1996 applies to the construction and alteration of bores and wells on Norfolk Island, with the Act prohibiting such activities unless specifically approved under its provisions or exempted under certain transitional arrangements. The Act applies to all persons and entities involved in the construction or alteration of bores or wells on Norfolk Island, regardless of whether the activities are for personal, commercial, or industrial use. The Act includes the equipment associated with bores and wells as part of its definition, thus encompassing the entire scope of activities related to the use of bores and wells as a source of water. The geographic and jurisdictional reach of this Act is limited to Norfolk Island, and it does not extend to other parts of Australia. The Act allows for the validity of existing approvals given between 31 December 1990 and 26 June 1996, provided that construction or alteration was completed before 26 June 1996. Transitional measures under the Planning Act 1996 apply to bore and well construction or alteration activities, treating such activities as planning actions carried out without approval, unless they were completed before 31 December 1990, or are subject to existing approvals, or have received a notice under the Bores and Wells Act. The Act may be further extended or restricted through subordinate instruments, although specific details of such instruments are not provided in the text.

Key Provisions

The Norfolk Island Bores and Wells Act 1996 (the "Act") establishes a comprehensive regulatory framework for the construction and alteration of bores and wells on Norfolk Island. The Act is divided into four main parts, each addressing different aspects of bore and well regulation. Firstly, Part 1 provides preliminary information such as the short title, commencement, repeal of certain sections of the Environment Act 1990, and an interpretation section defining key terms used throughout the Act. Part 2 deals with the validity of existing approvals for bores and wells constructed or altered before the Act came into force. This section ensures that approvals granted between 31 December 1990 and 26 June 1996 are considered valid, provided that the construction or alteration was completed before the Act's commencement on 26 June 1996. Part 3 of the Act focuses on interim enforcement measures to prevent the construction or alteration of bores and wells without proper approval. Section 6 explicitly prohibits the construction or alteration of bores and wells, with penalties of up to 60 penalty units, imprisonment for 12 months, or both, for violations. Section 7 empowers the executive member to issue remedial work notices to the owners of land where bores or wells are being or have been constructed or altered without the required approval. These notices require the landowners to undertake specified actions to reverse the effects of the unauthorised construction or alteration within a specified period. Failure to comply with a remedial work notice can result in the executive member applying to the Court for an enforcement order, as outlined in Section 8. Non-compliance with such an order is itself an offence, with penalties of up to 60 penalty units, imprisonment for 12 months, or both, as stipulated in subsection 8(3). In cases where a person fails to comply with an enforcement order, the executive member may undertake the necessary works to rectify the situation, with the costs being recoverable from the defaulting party, as per Section 9. Lastly, Part 4 of the Act addresses transitional arrangements, applying the Planning Act 1996 to the construction or alteration of bores and wells as if such activities were planning actions carried out without approval. This transitional provision ensures that existing planning laws continue to apply to bore and well construction and alteration activities until the new regulatory regime established by the Bores and Wells Act 1996 is fully implemented.

Legal classification tags

Area of Law
Environmental Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Offence Provisions
Enforcement Powers
Prohibited Conduct

Interactions

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