New South Wales Consolidated Acts

WATER ACT 1912

- As at 3 November 2008
- Act 44 of 1912

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1 - General

   1.      Name of Act
   2.      Repeal
   3.      Savings
   4.      Definitions
   4A.     Inquiries and appeals-requirement to take certain matters into account
           4B-4F. (Repealed)
   4G.     Proceedings for offences
   4H.     Savings and transitional provisions

           Division 2 - Relationship with Environmental Planning and Assessment Act 1979-integrated development

   4I.     Application of Division 2
   4J.     Definitions
   4K.     Notice of applications
   4L.     Objectors rights of appeal
   4M.     Regulations

   PART 2 - WATER RIGHTS AND WORKS

           Division 1 - Interpretation

   5.      Definitions

           Division 2 - Rights of the Crown and of riparian proprietors

           6, 7. (Repealed)
   8.      Rights of Crown in respect of works
   9.      Rights of occupiers of work to which this Part extends

           Division 3 - Licences

   10.     Application for licences
   11.     Notification of application for licence
   11A.    Determination of applications affected by reviews by Planning Assessment Commission
   12.     Licence
   13.     Application by two or more occupiers
   13A.    Application for licence by person who does not occupy land on which works are to be constructed
   13AA.   Amended licences
   13B.    Ministerial Corporation may prescribe maximum areas etc for which water may be appropriated for irrigation
   13C.    Ministerial Corporation may refuse to grant certain applications for licences
   13D.    Water not to be taken until works have been completed
   13E.    (Repealed)
   13F.    Ministerial Corporation may cancel licence if work not used for three years
   14.     Renewal
   14A.    Fees
   14B.    (Repealed)
   15.     Separate applications
   16.     Benefit of licence
   17.     Rights of holder of licence or group licence
   17A.    Revocation or suspension etc of licence
   17B.    Offences with respect to licences
   17C.    Revocation and cancellation of licences
   17D.    (Repealed)
   18.     Penalty for alteration of work during currency of licence

           Division 3A - (Repealed)
           None

           Division 3B - Permits

   18F.    Permits
   18G.    Application for permit
   18H.    Power to grant permit instead of licence
   18I.    Issue of permits
   18J.    Renewal of permits
   18K.    Permit not to lapse pending consideration of application for renewal
   18L.    Power to require application to be made for licence
   18M.    Power to charge different fees
   18N.    Separate application for each work
   18O.    Power to suspend permit etc
   18P.    (Repealed)
   18Q.    Permit to pass with land
   18R.    Offences with respect to permits

           Division 4 - Joint water supply schemes

   19.     Joint water supply scheme
   20.     Application for authority
   20A.    Notification of application and reference to local land board or Magistrate
   20B.    Authority
   20BA.   Ministerial Corporation may refuse to grant certain applications for authorities
   20BB.   Water not to be taken until works completed
   20BC.   Ministerial Corporation may cancel authority if work not used for 3 years
   20C.    Renewal of authority
   20CA.   Application for authority by persons who do not occupy land on which works are to be constructed
   20CB.   Renewal of authorities under section 20CA
   20D.    Penalty for certain alterations to work
   20E.    Amended authorities
   20F.    Benefit of authority
   20G.    Existing authorities
   20H.    Revocation or suspension etc of authority
   20HA.   Offences with respect to authorities
   20HB.   Revocation and cancellation of authorities

           Division 4A - Group licences

   20I.    Definitions
   20J.    Boards to take water only under a group licence
   20K.    Application for group licence
   20L.    Issue of group licence
   20M.    Lapse of licence or authority
   20N.    Partial waiver of fee
   20O.    Renewal of group licence
   20P.    Power to charge different fees
   20PA.   Fees payable by instalments
   20Q.    Amendment of group licence
   20R.    Occupiers bound by group licence
   20S.    Revocation or suspension etc of group licence
   20SA.   Offences with respect to group licences
   20T.    Penalty for certain alterations to work
   20U.    Revocation and cancellation of group licences

           Division 4B - Volumetric water allocations schemes

   20V.    Definitions
   20W.    Power of Ministerial Corporation to declare water source to be subject to volumetric water allocations scheme
   20X.    Determination of water allocations in respect of entitlements
   20XA.   Variation of water allocations
   20XB.   Removal of area restrictions on irrigation entitlements
   20XC.   Corresponding increase and decrease of water allocation
   20Y.    Invalidation of applications for entitlements
   20Z.    Power of Ministerial Corporation to reduce water allocations in time of shortage
   20AA.   Powers of Ministerial Corporation in years of surplus
   20AB.   Issue of new entitlements
   20AC.   Water meters
   20AD.   Provisions applicable in cases of subdivision of land
   20AE.   Power of entry
   20AF.   Ordering of supply of water

           Division 4C - Transfer of water allocations

   20AG.   Interpretation
   20AH.   Water allocation may be transferred
   20AI.   Application for transfer
   20AJ.   Form of transfer to be lodged and fee paid
   20AK.   Superseded entitlement to be cancelled
   20AL.   Purchase of water allocations by the Ministerial Corporation
   20AM.   Applications not affected by section 20Y notice

           Division 4D - Sale by the Ministerial Corporation of water allocations

   20AN.   Interpretation
   20AO.   Sale etc of water allocations of available water
   20AP.   Application for entitlement
   20AQ.   Superseded entitlement to be cancelled
   20AR.   Applications not affected by section 20Y notice

           Division 5 - Miscellaneous

   21.     Injuries to works
   21A.    Pollution of rivers and lakes
   21B.    Offences with respect to construction, erection and use of work without licence etc
   22.     Power of entry
   22A.    Public authorities may construct and use works in times of shortage of water
   22B.    Restriction or suspension of rights held under licences etc during periods of water shortage
   22BA.   Invalidation of applications for entitlements
   22BB.   Invalidation of applications for entitlements in respect of dams
   22C.    Charge if flow of water assured by work of Crown or water or dam managed by State
   22D.    Sale of land pending transfer of water allocation
   23.     Obstructing persons in the performance of duties
   24.     Recovery of fees, charges, and penalties
   25.     Conditions relating to environmental protection
   26.     Consolidated Fund
   26A.    Act prevails over certain other Acts
   26B.    Powers to determine licence, group licence or authority
   26C.    Construction of work by Crown for councils
           26D, 26DA. (Repealed)
   27.     Regulations
   27A.    Application of Part
           PARTS 3, 4 - (Repealed)
           None

   PART 5 - ARTESIAN WELLS

           Division 1 - Interpretation and general

   105.    Definitions
   106.    Works under repealed Acts

           Division 2 - Construction and charges

   107.    Notification of proposal etc
   108.    Assessment of charges
   109.    Construction of well on petition of occupiers
   110.    Assessment of charges
   111.    Extension of supply

           Division 3 - Licences

   111A.   (Repealed)
   112.    Bores to be licensed
   113.    Application for licence
   113A.   Invalidation of applications for licences
   114.    Inquiry
   115.    Issue of licence
   115A.   (Repealed)
   116.    Granting of licence
   116AA.  Conditions relating to environmental protection
   116A.   Licence fees
   116B.   Rejection of application
   116C.   Limitations and conditions
   116D.   Authority conferred by licence
   117.    Benefit of licence
   117A.   Declaration of restricted sub-surface water area
   117B.   Charges
   117C.   (Repealed)
   117D.   Water meters
   117E.   Restriction or suspension of rights held under licences during periods of water shortage
   117F.   Allocation of surplus
   117G.   Borrowing and carrying over
   117H.   Cancellation and suspension of licences
   117I.   Offences
   117J.   Transfer of water allocations
   117K.   Sale of land pending transfer of water allocation
   118.    (Repealed)
   118A.   Drillers to be licensed

           Division 4 - Miscellaneous

   119.    Charge on land
   120.    Duty of occupier to keep in repair
   121.    Penalty for wilful destruction
   121A.   Unlawful obstruction of sub-surface water
   121B.   Removal of obstructions
   121C.   Apportionment of expenses
   122.    Penalty for obstruction or diversion of water
   122A.   Cessation of supply of water from artesian well
   123.    Waste of water
   123A.   (Repealed)
   124.    Power of entry
   125.    Recovery of charges and penalties
   126.    Appeal
   127.    Public Works Act 1912
   128.    Consolidated Fund
   129.    Regulations
   129A.   Application of Part
           PARTS 6, 7 - (Repealed)
           None

   PART 8 - FLOOD CONTROL WORKS

           Division 1 - Preliminary

   165.    Definitions
   165A.   Controlled work-meaning

           Division 2 - Floodplains

   166.    Designation of floodplains
   166A.   Floodplain management plans
   166B.   Establishment of floodplain management committees

           Division 3 - Approval of controlled works

   166C.   Matters for general consideration
   167.    Applications for approval
   168.    Ministerial Corporation may refuse to determine certain applications
   168A.   Ministerial Corporation may request further information
   168B.   Preliminary assessment of whether controlled work complies with floodplain management plan
   169.    Publication of applications relating to non-complying controlled works
   170.    Objections to non-complying controlled works
   170A.   Ministerial Corporation may require further information about objection
   170B.   Compulsory mediation session
   171.    Determination of applications
   171AA.  Notice of determination to be given to objector
   171A.   Determination of applications affected by reviews by Planning Assessment Commission
           172-174. (Repealed)
   175.    Approvals
   175A.   (Repealed)
   176.    Renewal of approvals
   176A.   Conditions of approval
   177.    Benefit of approval
   178.    Cancellation of approvals
   178A.   Appeals to Land and Environment Court
   179.    (Repealed)

           Division 4 - Offences and enforcement

   180.    Construction of unauthorised works
   180A.   Compliance with conditions of approval
   180B.   Stop work orders
   180C.   Injunctions
   180D.   Directions for remedial work
   180E.   Obstruction of persons
   180F.   Interference with work done by Ministerial Corporation
   180G.   Recovery of cost of work done by Ministerial Corporation
   180H.   Prior notification not required
   180I.   Power to require information
   180J.   Appeals
   180K.   Restraint of contravention of Division

           Division 5 - Miscellaneous

   181.    (Repealed)
   182.    Exclusion of liability
   183.    Consolidated Fund
   184.    Service of notices
   184A.   Proceedings for offences
   185.    Regulations
   186.    Part to bind Crown
   186A.   Application of Part

   PART 9 - LICENSING OF WATER MANAGEMENT AUTHORITIES

   187.    Definitions
   188.    Water management licence
   189.    Conditions of water management licence
   190.    Duration of water management licence
   191.    Effect of water management licence
   192.    Enforcement order
   193.    Review of water management licence
   194.    Water management charges
   195.    Offences with respect to water management licences
   196.    Evidence
   197.    Directions for remedial work
   198.    Civil penalties
   199.    Appeals
   200.    Compensation for loss of certain water rights
   201.    Regulations
   202.    Part to bind Crown
   202A.   Application of Part
   203.    Exclusion of certain matters

   PART 10 - (Repealed)
   None
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           Schedule 10 (Repealed)