WATER MANAGEMENT ACT 2000

New South Wales Consolidated Acts

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WATER MANAGEMENT ACT 2000

- As at 3 November 2008
- Act 92 of 2000

TABLE OF PROVISIONS

Long Title

CHAPTER 1 - PRELIMINARY

1. Name of Act
2. Commencement
3. Objects
4. Interpretation

CHAPTER 2 - WATER MANAGEMENT PLANNING

PART 1 - GENERAL

Division 1 - Water management principles

5. Water management principles

Division 2 - State Water Management Outcomes Plan and water source classification

6. State Water Management Outcomes Plan
7. Classification of water sources
8. Environmental water
8A. Planned environmental water
8B. Adaptive environmental water through dedication of existing water entitlements
8C. Adaptive environmental water through system improvements
8D. Adaptive environmental water through water savings
8E. General provisions relating to access licences with adaptive environmental water conditions

Division 3 - General

9. Act to be administered in accordance with water management principles and State Water Management Outcomes Plan
10. Review of work and activities of Department

PART 2 - MANAGEMENT COMMITTEES

11. Constitution of water management areas
12. Establishment of management committees
13. Membership of committee
14. Functions of management committees

PART 3 - MANAGEMENT PLANS

Division 1 - Preliminary

15. Preparation of draft management plan
16. Management plans to be consistent with other instruments
17. Provisions applicable to all management plans
18. Matters for consideration

Division 2 - Water sharing

19. Application of Division
20. Core provisions
21. Additional provisions

Division 3 - Water use

22. Application of Division
23. Core provisions
24. Additional provisions

Division 4 - Drainage management

25. Application of Division
26. Core provisions
27. Additional provisions

Division 5 - Floodplain management

28. Application of Division
29. Core provisions
30. Additional provisions

Division 6 - Controlled activities and aquifer interference activities

31. Application of Division
32. Core provisions
33. Additional provisions

Division 7 - Environmental protection

34. Environmental protection provisions

Division 8 - Procedures for making management plans

35. Format of management plan
36. Notification of certain persons and bodies
37. Reference of draft management plan to Minister
38. Public exhibition of draft management plan
39. Submissions on draft management plan
40. Resubmission of draft management plan to Minister
41. Making of management plan
42. Amendment of management plans
43. Duration of management plans
43A. Extension of duration of management plan dealing with water sharing
44. Periodic auditing of management plans

Division 9 - Amendment of management plans by Minister

45. Minister may amend or repeal management plan

Division 10 - (Repealed)
None

Division 11 - Miscellaneous

46. Making or amendment of management plan
47. Validity of management plans and exercise of plan-making functions
48. Effect of management plans on exercise of Minister’s functions
49. Consideration of management plans by public authorities
49A. Suspension of management plans during severe water shortages

PART 4 - MINISTER’S PLANS

50. Minister’s plan

PART 5 - IMPLEMENTATION PROGRAMS

51. Implementation programs

CHAPTER 3 - WATER MANAGEMENT IMPLEMENTATION

PART 1 - BASIC LANDHOLDER RIGHTS

Division 1 - Domestic and stock rights

52. Domestic and stock rights

Division 2 - Harvestable rights

53. Harvestable rights
54. Harvestable rights orders

Division 3 - Native title rights

55. Native title rights

PART 2 - ACCESS LICENCES

Division 1 - Preliminary

55A. Application of Part
56. Access licences
57. Categories of licence
58. Priorities between different categories of licence
59. Available water determinations
60. Rules of distribution applicable to making of available water determinations

Division 2 - Granting of access licences

61. Applications for granting of access licences
62. Objections to granting of access licences
63. Determination of applications
64. Notice of decision
65. Controlled allocation of access licences

Division 3 - Conditions and duration of access licences

66. Conditions of access licence
67. Imposition of conditions after access licence is granted
68. Revocation of conditions
68A. Amendment of share or extraction components of access licences by Minister
69. Duration of access licence
70. (Repealed)

Division 3A - Water Access Licence Register

Subdivision 1 - Keeping of the Access Register

71. Water Access Licence Register
71A. Dealings and other matters that must be recorded in the Access Register
71B. When matters required to be recorded in General Division of Access Register have effect
71C. Provisions with respect to registration of dealings, security interests, caveats and other matters in the Access Register

Subdivision 2 - Registration of security interests

71D. Creation of registered security interests by recording in Access Register

Subdivision 3 - Registration of caveats

71E. Minister may register caveats
71F. Effect of a caveat

Subdivision 4 - Miscellaneous

71G. Minister may require production of access licence certificate before recording matters in Access Register
71H. Searches of the Access Register
71I. Correction and amendment of Access Register
71J. Access to the Access Register
71K. Minister to supply reasons for certain decisions in relation to Access Register

Division 4 - Dealings with access licences

71L. How does a dealing take effect?
71M. Transfer of access licences
71N. Term transfers of entitlements under access licences
71O. Conversion of access licence to new category
71P. Subdivision and consolidation of access licences
71Q. Assignment of rights under access licence
71R. Amendment of share component of access licence
71S. Amendment of extraction component of access licence
71T. Assignment of water allocations between access licences
71U. Interstate transfer of access licences
71V. Interstate assignment of water allocations
71W. Access licence may nominate water supply works
71X. Dealings on default
71Y. General
71Z. Access licence dealing principles
71ZA. Removal of certain restrictions on dealings relating to irrigation corporations

Division 4A - Devolution of, and tenancy arrangements and other matters relating to, access licences

72. Devolution of access licences
72A. Special provisions relating to co-holdings in access licences
73. Changes in co-holder’s tenancy arrangements
74. Exit from co-held access licence

Division 5 - Water return flows

75. Water return flow rules
76. Water allocations may be credited

Division 6 - Surrender, suspension, cancellation and compulsory acquisition of access licences

77. Surrender of access licences
77A. Cancellation of access licences that can no longer be used or are no longer required
78. Suspension and cancellation of access licences
78A. Notification of intention to suspend, cancel or require payment of penalty
79. Compulsory acquisition of access licences
Divisions 7, 8 - (Repealed)
None

Division 8A - Register of available water determinations and accounting for water

84. Register of available water determinations
85. Keeping of water allocation accounts
85A. Authorisation to take water from uncontrolled flows
85B. Water illegally taken

Division 9 - Compensation relating to access licences

86. Definitions
87. Compensation payable in certain circumstances for reductions in water allocations arising during initial period for which management plan is in force
87AA. Compensation payable in certain circumstances for reductions in water allocations arising after initial period that management plan is in force
87AB. Compensation is not payable in relation to certain conduct
87A. No compensation payable in relation to access licence

Division 10 - Miscellaneous

87B. Access licence certificate
88. Regulations

PART 3 - APPROVALS

Division 1 - Preliminary

88A. Application of Part
89. Water use approvals
90. Water management work approvals
91. Activity approvals

Division 2 - Applications for approvals

92. Applications for approvals
93. Objections to applications for approvals
94. Determination of applications affected by reviews by Planning Assessment Commission
95. Determination of applications
96. Matters affecting consideration of applications
97. Grounds of refusal of certain applications
98. Notice of decision
99. Procedures in relation to integrated development

Division 3 - Conditions and duration of approvals

100. Conditions of approval generally
101. Conditions of approval for joint schemes
102. Imposition or variation of conditions after approval is granted
103. Revocation of conditions
104. Duration of approval
105. Extension of approvals
106. Land benefited by approval

Division 4 - Amendment, surrender, suspension and cancellation of approvals

107. Amendment of approvals
108. Surrender of approvals
109. Suspension and cancellation of approvals

Division 5 - Embargoes on applications for approvals

110. Temporary embargo
111. Permanent embargo
112. Operation of embargo

Division 6 - Registers

113. Register of approvals

PART 4 - FINANCE

114. Minister may impose fees and charges
115. (Repealed)

CHAPTER 4 - JOINT PRIVATE WORKS

PART 1 - IRRIGATION CORPORATIONS

Division 1 - Preliminary

116. Application of Part
117. Definitions
118. Requirements for access licences and approvals

Division 2 - Irrigation corporations

119. Assets of irrigation corporations
120. Entry on to land
121. Ceasing to be an irrigation corporation

Division 3 - Operating licences

122. Authority conferred by operating licence
123. Terms and conditions of operating licence
124. Term of operating licence
125. Contravention of operating licence
126. Cancellation of operating licence
127. Irrigation corporation may make arrangements with subsidiaries

Division 4 - Inclusion of land within irrigation corporation’s area of operations

128. Applications to include land within area of operations
129. Objections to inclusion of land within area of operations
130. Determination of applications
131. Governor may include land within area of operations

Division 5 - Exclusion of land from irrigation corporation’s area of operations

132. Applications to exclude land from area of operations
133. Objections to exclusion of land from area of operations
134. Determination of applications
135. Governor may exclude land from area of operations

Division 6 - Miscellaneous

136. Successor in title liable for unpaid contract charges
137. Indemnities
138. Register of licences, audits and management programs

PART 2 - PRIVATE IRRIGATION DISTRICTS

Division 1 - Preliminary

139. Application of Part
140. Definitions
141. Requirements for access licences and approvals

Division 2 - Private irrigation districts

142. Petition
143. Constitution of private irrigation districts
144. Addition of lands to private irrigation districts
145. Alteration of private irrigation district
146. Excision of lands from private irrigation districts
147. Supplementary petitions and objections

Division 3 - Private irrigation boards

148. Private irrigation boards
149. Election of members of private irrigation boards
149A. Filling of casual vacancies
150. Removal of members of private irrigation board from office and appointment of administrator
151. Abolition of private irrigation districts
152. Winding-up of private irrigation boards
153. Employees

Division 4 - Construction and taking over of works

154. Authorised sites
155. Construction, maintenance and operation of water supply works
156. Private irrigation board may apply to take over water supply works
157. Objections to applications
158. Governor may authorise construction or taking over of water supply work
159. Taking over works
160. Transfer of lands
161. Power of entry

Division 5 - Compensation

162. No compensation for surveys on land within private irrigation district
163. Compensation for surveys on lands outside private irrigation district
164. Compensation where private irrigation board constructs or takes over works
165. Determination of amount of compensation
166. Recovery of compensation

Division 6 - Rates and charges for water

167. Fixing of rates and charges
168. Special rates and special charges
169. Assessment and levying of rates and charges
170. Assessment of rates and charges
171. Provision for determining areas of holdings
172. Liability for rates and charges for water
173. Charge on land
174. Abandonment of rates
175. Assessment book

Division 7 - Supply of water

176. Determination of allocation
177. Supply of water
178. Discontinuance or reduction of supply of water
179. Circumstances in which private irrigation board not obliged to supply water
180. Landholders may be required to provide distribution works
181. Sale of surplus water

Division 8 - Effect of new subdivisions

182. Supply of water for domestic and stock purposes to new holdings resulting from subdivisions
183. Supply of water for irrigation purposes to a new holding resulting from a subdivision
184. Additional works required as a result of subdivision

Division 9 - Meetings of landholders

185. General meeting
186. Voting rights

Division 10 - Finance

187. Books of account
188. Accounts to be rendered
189. Banking of money
190. Temporary accommodation

Division 11 - Miscellaneous

191. Delegation
192. Assessment book admissible as evidence
193. Service of notice of proceedings on a private irrigation board
194. Recovery of rates
195. Amendment of proclamations
196. By-laws

PART 3 - PRIVATE DRAINAGE BOARDS

Division 1 - Preliminary

197. Application of Part
198. Definitions
199. Requirements for access licences and approvals

Division 2 - Private drainage boards

200. Private drainage boards
201. Appointment and election of directors
202. Functions of private drainage boards
203. Entry on lands
204. Extension of drainage works
205. Amendment of boundaries

Division 3 - Finance

206. Rates
207. Annual estimates
208. Irregularities
209. Rate book
210. Due date
211. Liability of owner
212. Liability of current owner
213. Lessees of land owned by the Crown

Division 4 - Effect of new subdivisions

214. Connections to new holdings resulting from subdivisions
215. Additional works required as a result of subdivision

Division 5 - Miscellaneous

216. Dissolution
217. Debts
218. Accounts
219. Regulations

PART 4 - PRIVATE WATER TRUSTS

Division 1 - Preliminary

220. Application of Part
221. Definitions
222. Requirements for access licences and approvals

Division 2 - Private water trusts

223. Appointment and election of members
224. Alteration of water supply districts
225. Removal of land from water supply district
226. Union of trusts

Division 3 - Functions of members

227. Duties of members
228. Powers and duties of members
229. Supply of water
230. Power of members to enter and inspect
231. No compensation

Division 4 - Rating

232. Rates
233. Supplementary rating powers
234. Surplus water
235. Accounts

Division 5 - Effect of new subdivisions

236. Supply of water to new holdings resulting from subdivisions
237. Additional works required as a result of subdivision

Division 6 - Miscellaneous

238. Minister may remove members and Governor may dissolve trust
239. Regulations

CHAPTER 5 - PUBLIC WORKS

PART 1 - (Repealed)
None

PART 2 - HUNTER VALLEY FLOOD MITIGATION WORKS

Division 1 - Preliminary

253. Application of Part
254. Definitions

Division 2 - Powers of Minister

255. Restriction on use of lands adjacent to levee banks
256. Construction of fences, structures and flood works

Division 3 - Finance

257. Accounts to be kept in Special Deposits Account
258. Allocation of money
259. Cost of works generally
260. Cost of works to protect towns and villages
261. Cost of protective works
262. Annual contribution to works program by Hunter-Central Rivers Catchment Management Authority
263. Consultation with Hunter-Central Rivers Catchment Management Authority as to works program
264. Consultation with local council as to works program
265. Payment of contribution towards maintenance by a local council
266. Consultation with local council as to maintenance program
267. Urgent maintenance works
268. Payments to be duly made

Division 4 - Miscellaneous

269. Works to protect public and local government works to be approved by Minister
270. Major floodgates to be maintained and operated by local councils
271. Maintenance of minor floodgates
272. Application of Public Works Act 1912
273. Evidence of cost of works

PART 3 - LOWBIDGEE FLOOD CONTROL AND IRRIGATION WORKS

274. Application
275. Definitions
276. Supply of water
277. Fixing of rates
278. Rates
279. Benefit to be taken into account
280. Regulations

CHAPTER 6 - PUBLIC UTILITIES

PART 1 - MAJOR UTILITIES

281. Major utilities
282. Review of activities of major utilities

PART 2 - WATER SUPPLY AUTHORITIES

Division 1 - Preliminary

283. Definitions
284. Requirements for access licences and approvals

Division 2 - Water supply authorities

285. Water supply authorities
286. Constitution of water supply authorities
287. Statutory body may be water supply authority
288. Provisions relating to constitution and procedure of water supply authorities
289. Area of operations
290. (Repealed)
291. Delegation

Division 3 - Functions of water supply authorities

292. Functions of water supply authority
293. Exercise of functions by a water supply authority
294. Commercial operations
295. Assistance to statutory body
296. Entry on land to read meters or carry out works
297. Entry on land for inspections
298. Power to break up roads
299. Altering position of conduits
300. Obstruction of works
301. Finding source of pollution of water supply

Division 4 - Special areas

302. Special areas
303. Crown land in special areas
304. Exercise of certain functions in special areas

Division 5 - Developer contributions to the construction of works

305. Application for certificate of compliance
306. Authority may impose certain requirements before granting certificate of compliance
307. Granting of certificates of compliance

Division 6 - Finance

308. Orders for purpose of service charges
309. Connections
310. Authority may levy service charges and impose fees and other charges
311. Land in respect of which a water supply authority may levy service charges
312. Certain land exempt from service charges
313. Classification of lands
314. Basis of levying service charges
315. Determinations by water supply authority
316. Assessment of service charges
317. Re-assessment of service charges

Division 7 - Miscellaneous

318. Acquisition and divesting of land
319. Compensation for interference or damage
320. Efficiency review
321. Appointment of administrator
322. Regulations

CHAPTER 7 - ENFORCEMENT

PART 1 - DIRECTIONS TO LANDHOLDERS AND OTHER PERSONS

323. Temporary water restrictions
324. Directions concerning the production of information
325. Directions and guidelines concerning waste of water
326. Directions to protect water sources
327. Directions to stop work where unlawful activity occurring
328. Directions to holders of basic landholder rights
329. Temporary stop work order
330. Directions concerning unusable water management works
331. Directions concerning damage caused by straying stock
332. Measures that may be specified in directions
333. Prior notice of direction not required
334. Remedial measures may be taken by Minister
335. Land and Environment Court may grant injunctions
336. Restraint of breaches of this Act
336A. Application of Part to certain works

PART 2 - POWERS OF ENTRY

337. Powers of entry generally
338. Search warrants
339. Powers exercisable following lawful entry to land
340. Duty of care

PART 3 - OFFENCES

Division 1 - Major offences

341. Unlawful taking of water
342. Using water without a water use approval
343. Constructing or using water management work without a water management work approval
344. Unlawful carrying out of certain activities
345. Contravention of certain directions
346. Destruction, damage and interference with certain works
347. Taking water from public or private works
347A. Offences with respect to the Access Register
348. Maximum penalty for offences under this Division

Division 2 - Other offences

349. Unlicensed bore drilling
350. Exposure of underground pipes
351. Unlicensed plumbing work
352. Obstruction
353. False or misleading information

PART 4 - RECOVERY OF RATES, CHARGES AND OTHER MONEY

Division 1 - Recovery of rates, charges and other amounts by charging authorities

354. Definition
355. Certain rates and charges to be a charge on land
356. Interest on rates and charges
357. Recovery of rates, charges and other money
358. Joint owners
359. Sale of land for unpaid rates and charges
360. Certificate as to amount due
361. Liability where an estate or interest is transferred
362. Liability where a person becomes entitled to an estate or interest

Division 2 - Provisions relating to access licences

362A. Joint owners
362B. Certificate as to charges outstanding in relation to access licences
362C. Unpaid fees, charges and civil penalties

PART 5 - LEGAL PROCEEDINGS AND APPEALS

Division 1 - Legal proceedings

363. Offences by corporations
364. Proceedings for offences
365. Penalty notices for certain offences
366. Legal proceedings do not affect, and are unaffected by, other action under this Act
367. Evidentiary certificates

Division 2 - Appeals

368. Appeals to Land and Environment Court

CHAPTER 8 - ADMINISTRATION

PART 1 - (Repealed)
None

PART 2 - WATER ADMINISTRATION MINISTERIAL CORPORATION

371. Constitution of Water Administration Ministerial Corporation
372. Functions of Ministerial Corporation
373. Commercial operations
374. Application of Public Works Act 1912
375. Acquisition of land
376. Staff of Ministerial Corporation
377. Delegation of functions

PART 3 - WATER INVESTMENT TRUST

378. Definitions
379. Constitution of Trust
380. Objects of Trust
381. Functions of Trust
382. Staff of Trust
383. Delegation
384. Water Investment Trust Fund
385. Investments
386. Investment levies on water users

PART 4 - GENERAL ADMINISTRATION

387. Expert advisory panels
387A. Water Innovation Council
388. Committees
389. Delegation
389A. Conferral of water management functions on catchment management authorities
390. Authorised officers
391. Resolution of disputes between public authorities
391A. Interstate arrangements in relation to access licences and approvals

CHAPTER 9 - MISCELLANEOUS

392. State’s water rights
393. Abolition of common law riparian rights
394. Service of documents
395. Newspaper publication of orders and notices etc
395A. Continuing effect of directions and conditions
396. Act binds Crown
397. Exclusion of personal liability
398. Exclusion of Crown liability
399. Annual report of Department
400. Regulations
401. Repeals
402. Amendment of other Acts
403. Savings, transitional and other provisions
404. Review of Act
SCHEDULE 1A
SCHEDULE 1B
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9
SCHEDULE 10
SCHEDULE 11
SCHEDULE 12
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