3Definitions
(1)
In this Act:
area of
operations of Water NSW—see section 15.
assets—see clause 2 (1) of
Schedule 1.
authorised officer means a person
who has been appointed as an authorised officer under this Act.
board means the board of directors
of Water NSW.
catchment
audit means an audit conducted under section
42.
catchment
health, in relation to a declared catchment area, means the
condition of ecosystems and systems of management (such as sewerage and
stormwater systems) in that catchment that protect water
quality.
catchment
infrastructure works means:
(a)
water storages, water mains, or connected or
associated works, or
(b)
monitoring devices in, under, over or near any
works referred to in paragraph (a), or
(c)
any works ancillary or antecedent to any works
referred to in paragraph (a) or (b), or
(d)
hydro-electric plants or associated
infrastructure or works,
and includes anything prescribed by the regulations as
being within this definition, but excludes anything prescribed by the
regulations as being outside this definition.
catchment
management means the management of land and water resources
in a declared catchment area.
chief
executive officer means the chief executive officer of Water
NSW.
controlled area means an area of
land for the time being declared under this Act to be a controlled
area.
county
council means a county council under the Local Government Act
1993.
declared
catchment area means an area of land for the time being
declared under this Act to be a declared catchment area.
Department means the Department of
Industry, Skills and Regional Development.
Fish
River water supply scheme means the water management work
comprising the concrete dam on Fish River at Oberon and Duckmaloi Weir,
together with:
(a)
its associated gravitation main, concrete
reservoirs, reticulation systems and treatment works, and
(b)
the pumping station at Oberon,
and
(c)
all incidental and connected works,
and
(d)
all additions, amplifications, improvements and
extensions to that scheme.
function includes a power, authority
or duty, and exercise a function includes perform
a duty.
IPART means the Independent Pricing
and Regulatory Tribunal established under the Independent
Pricing and Regulatory Tribunal Act 1992.
land includes the following:
(a)
the sea or an arm of the sea,
(b)
a bay, inlet, lagoon, lake or body of water,
whether inland or not and whether tidal or non-tidal,
(c)
a river, stream or watercourse, whether tidal or
non-tidal,
(d)
a building erected on the
land.
lease includes a licence or
permit.
liabilities—see clause 2 (1)
of Schedule 1.
listed
functions of Water NSW—see section 7
(1).
Ministerial Corporation means the
Water Administration Ministerial Corporation constituted by the Water Management Act
2000.
motor
vehicle means any motor car, motor cycle or other vehicle
propelled by any means other than human or animal power.
operating
licence means an operating licence granted under this Act or
any renewal of it.
operational audit means an
operational audit of Water NSW that is required to be prepared under an
operating licence.
owner, in relation to land, includes
every person who jointly or severally at law or in equity:
(a)
is entitled to the land for an estate of freehold
in possession, or
(b)
is a person to whom the Crown has contracted to
sell the land under the Crown Land Management Act
2016 or any other Act relating to alienation of land of
the Crown, or
(c)
is entitled to receive, or receives, or if the
land were let to a tenant would receive, the rents and profits of the land,
whether as beneficial owner, trustee, mortgagee in possession or
otherwise,
and, in relation to land of the Crown, means the Crown,
but does not include a person who, or a class of persons that, is declared by
the regulations as being outside this definition, either generally or in a
particular case or class of cases.
public
authority includes a corporation that is incorporated by or
under an Act, but does not include:
(a)
a company within the meaning of the Corporations
Act 2001 of the Commonwealth, or
(b)
a co-operative within the meaning of the Co-operatives
National Law (NSW), or
(c)
an association incorporated under the Associations Incorporation Act 2009,
or
(d)
a body prescribed by the regulations as not being
a public authority for the purposes of this
definition.
Regulatory Authority—see
section 61.
rights—see clause 2 (1) of
Schedule 1.
special
area means an area of land for the time being declared under
this Act to be a special area.
specified includes referred
to.
State
Water Corporation means State Water Corporation as
constituted by the State Water Corporation Act
2004 immediately before the repeal of that Act by this
Act.
Sydney
catchment area means the declared catchment area known as
the Sydney catchment area referred to in clause 17 of Schedule 2, as declared
from time to time under this Act.
water
storages means dam walls, pumps and other works used for or
with respect to the extraction, and storage, of:
(a)
water in rivers and lakes,
and
(b)
water occurring naturally on the surface of the
ground, and
(c)
sub-surface waters.
works, in relation to Water NSW,
includes:
(a)
any catchment infrastructure works, metering
equipment, water storages and other water management works vested in or under
the control of Water NSW, and
(b)
any other assets of Water NSW of a kind
prescribed by the regulations.
(2)
In this Act, each of the following terms and
expressions has the same meaning as in the Water Management
Act 2000:
estuary
lake
metering
equipment
river
water
management work
water
source
water
supply authority
(3)
Subject to subsections (1) and (2), words and
expressions used in this Act have the same meanings as they have in the
State Owned Corporations Act
1989.
(4)
Notes included in this Act do not form part of
this Act.
s 3: Am 2016 No 22,
Sch 1 [1]; 2017 No 17, Sch 2.20 [1].