16Exchange of information and
records between relevant agencies
(1)
In this section:
administration of the natural resources management
legislation includes the following:
(a)
the granting of licences or other authorities
under the natural resources management legislation and the suspension or
revocation of any such licence or other authority,
(b)
the issuing of any notice, order or direction
under the natural resources management legislation,
(c)
the exercising of enforcement powers under the
natural resources management legislation,
(d)
the institution of proceedings for offences under
the natural resources management legislation.
records includes plans,
specifications, maps, reports, books and other documents (whether in writing,
in electronic form or otherwise).
relevant
agency means any of the following:
(a)
the Regulator,
(b)
the person, statutory body or Public Service
agency responsible for the administration of any natural resources management
legislation,
(c)
Water NSW,
(d)
any other person or body (including an officer or
agency of the Commonwealth or another State or Territory) prescribed by the
regulations for the purposes of this definition.
relevant
information or records means:
(a)
information or records obtained by the Regulator
in connection with the administration of the natural resources management
legislation, or
(b)
information or records obtained by, or otherwise
in the possession of, any other relevant agency to the extent that the
information or records relate to the administration of the natural resources
management legislation,
and includes any database or other system containing
such information or records.
(2)
Relevant information or records held by a
relevant agency may be provided to another relevant agency for the purposes of
the administration of the natural resources management legislation or the
administration or enforcement of the Water Act 2007 of
the Commonwealth.
(3)
Without limiting subsection (2), the Regulator
may, by notice in writing given to Water NSW, require Water NSW, within the
time and in the manner specified in the notice, to provide the Regulator with
any relevant information or records specified in the notice or with access to
any such relevant information or records. Water NSW is required to comply with
a notice under this subsection.
Note—
Under section 28 (2) of the Water
NSW Act 2014 the Minister may transfer ownership of any
specified assets of Water NSW (which would include records and databases) to
the Regulator.
(4)
A relevant agency may rely on relevant
information or records provided to it under this section for the purposes of
the administration of the natural resources management
legislation.
s 16: Am 2018 No 31,
Sch 2.3 [2] [3].