Does not include amendments by: (not commenced) Water Management Amendment Act 2018 No 31
(1) In this section, the Court means the Land and Environment Court.(2) Proceedings for an offence under this Act or the regulations made thereunder (not being an offence made punishable on indictment) may be taken before the Local Court, or before the Court in its summary jurisdiction. (3) If proceedings referred to in subsection (2) are taken before the Local Court, the maximum monetary penalty that may be imposed by the court is 200 penalty units or the maximum monetary penalty for the offence, whichever is the lesser. (4) If proceedings referred to in subsection (2) in respect of an offence are brought in the Court in its summary jurisdiction, the Court may impose a penalty not exceeding the maximum penalty provided by this Act or the regulations made thereunder in respect of the offence.
(1) This section applies if, in relation to integrated development:
(a) a consent authority has obtained the general terms of:
(i) a licence proposed to be issued under section 10 in relation to the development, or (ii) a licence proposed to be issued under section 13A in relation to the development, or (iii) a permit proposed to be granted under section 18F in relation to the development, or (iv) an authority proposed to be issued under section 20B in relation to the development, or (v) an authority proposed to be issued under section 20CA in relation to the development, or (vi) a group licence proposed to be issued under section 20L in relation to the development, or (vii) a licence proposed to be granted under section 116 in relation to the development, or (viii) an approval proposed to be granted under Part 8 in relation to the development, or (b) the Ministerial Corporation fails to inform a consent authority, in accordance with the regulations under the , whether or not it will grant or issue a licence, permit, authority, group licence or approval referred to in paragraph (a) or of the general terms of such a licence, permit, authority, group licence or approval, Environmental Planning and Assessment Act 1979 and the consent authority, after obtaining those general terms or after the failure to be informed, has granted development consent to the integrated development.
(1) In this Part, except in so far as the context or subject-matter otherwise indicates or requires: Authority means an authority issued under Division 4 to construct and use a joint water supply scheme.Declared local area means an area declared by the Ministerial Corporation under subsection (4) to be a declared local area.Drainage includes the draining of flood or other waters of a river or lake by means of any work, anddrainage work includes a work constructed or used for the above purposes.existing work means a work declared by the Ministerial Corporation under subsection (5) to be an existing work for the purposes of this Part.Group licence means a group licence issued under Division 4A.Group licence occupiers , in relation to a group licence, means all of the occupiers of lands to which water is supplied by means of a work in respect of which the group licence is held.irrigation corporation licence means an irrigation corporation water management works licence granted under the. Irrigation Corporations Act 1994 Joint water supply scheme means any work to which this Part extends which:
(a) is used or proposed to be used for the purposes of supplying water to the lands of two or more occupiers who are jointly utilising the work or who propose to utilise the work jointly (whether any of those occupiers has occupation of the site of the work or not), (b) is used or proposed to be used for the purpose of supplying water for irrigating the land or lands of any occupier or occupiers other than the land or lands of the occupier or occupiers of the site of the work, or (c) is used or proposed to be used (otherwise than pursuant to a licence granted before the commencement of the ) for the purpose of supplying water for irrigating a holding (not being a riparian holding) or part thereof, where that water is, or is to be, conveyed wholly or partly by a work that is used or proposed to be used by any occupier or occupiers (not being the occupier or occupiers of the site of the work) for the purpose of conveying that water in accordance with a right conferred by this Part or pursuant to a licence, authority or permit. Water, Crown Lands and Other Acts (Amendment) Act 1970 Lake includes a lagoon, swamp, or other collection of still water, whether permanent or temporary, not being water contained in an artificial work.Licence means a licence issued under Division 3.Licensee means the holder of a licence.Licensed work means a work in respect of which a licence is held under this Part.Local occupier , in relation to an application made under this Part, means an occupier of land which is wholly or partly situated within the same declared local area as the land on which the work the subject of the application is or is proposed to be situated, but does not include a statutory authority, statutory instrumentality or government department of any State other than the State of New South Wales or a Minister of the Crown for any State other than the State of New South Wales.Occupier , in relation to land, means:
(a) the holder of any tenure of the land or, if it is shown that some other person is in actual occupation of the land, that other person, (b) where the land is a public road within the meaning of the —the council under that Act of the area in which the land is situated, or Roads Act 1993 (c) where the land is the site of a work to which this Part extends and the work is proposed to be, or is being, constructed on behalf of such a council or is under the care and management of such a council—that council. Permit means a permit issued under Division 3B.River includes:
(a) a stream of water, whether perennial or intermittent, flowing in a natural channel, or in a natural channel artificially improved, or in an artificial channel which has changed the course of the stream, (b) an affluent, confluent, branch or other stream of water into or from which a stream referred to in paragraph (a) flows, and (c) anything declared by the Ministerial Corporation by order published in the Gazette to be a river, but does not include anything declared by the Ministerial Corporation by order published in the Gazette as not being a river and, unless the regulations otherwise provide, does not include those waters of a tidal river that at any time are not capable of being used for irrigation or for watering stock. Statutory authority means a statutory authority, statutory instrumentality or government department of the State of New South Wales and includes a Minister of the Crown for the State of New South Wales.Water supply includes a supply for the carrying on of any industrial operation.Work includes any dam, lock, reservoir, weir, regulator, flume, race, channel (whether an artificial channel or a natural channel artificially improved), any cutting, well, excavation, tunnel, pipe, sewer, and any machinery and appliances.Work to which this Part extends means a work:
(a) which is connected with, or which affects the quantity or use of water in, a river or lake, (a1) which impounds water and is within an area declared by the Ministerial Corporation by order published in the Gazette to be an area within which a work impounding water is a work to which this Part extends, whether or not it is a work referred to in paragraphs (a), (b) and (c), (b) which affects the quantity of water flowing in, to or from, or contained in, any such river or lake, or (c) in or through which flows, or is contained or used, water taken from any such river or lake, being a work which is used, or is to be used:
(d) for water conservation, irrigation, water supply or drainage, or (e) (f) for changing the course of a river, or preventing the course of a river from changing, and includes an existing work or any other work (or class of work) declared by the Ministerial Corporation by order published in the Gazette to be a work to which this Part extends, but does not include:
(g) a work declared under subsection (3) to be a work for urban drainage, or (h) a work (or class of work) declared by the Ministerial Corporation by order published in the Gazette as being a work to which this Part does not extend. (2) A reference in this Part to the holders of an authority shall be construed as a reference to the occupiers of the whole of the lands supplied with water obtained by means of a joint water supply scheme in respect of which an authority is in force and, where the supply work or conveying work that is the subject of the scheme is installed or constructed on other land, shall be construed as including a reference to the occupier of that other land, and a reference to a holder of an authority shall be construed as a reference to any one of those holders.
(1) Any occupier of land whereon any work to which this Part extends (not being a joint water supply scheme) is constructed or used, or is proposed to be constructed or used, for the purpose of:
(a) water conservation, irrigation, water supply, or drainage, or (b) (c) changing the course of a river, may apply to the Ministerial Corporation in the form prescribed for a licence to construct and use the said work, and to take and use for the purposes specified in the application the water, if any, conserved or obtained thereby, and to dispose of such water for the use of occupiers of land for any purpose.
(1) On application being made for a licence under section 10, the Ministerial Corporation shall cause a notice containing particulars of the application to be advertised in the Gazette and in such other manner as the Ministerial Corporation is satisfied is likely to bring the notice to the attention of members of the public in the district where the work is or is proposed to be situated. (1A) Subsection (1) does not require the Ministerial Corporation to cause to be advertised a notice containing particulars of an application unless it is satisfied that the applicant occupies, or will obtain the right to occupy, the site of the work. (2) Where, at the time the application is made, the work is, or is proposed to be, situated within a declared local area, any:
(a) local occupier, or (b) statutory authority, whose interests may be affected by the granting of the application may, within 28 days after the date of the publication of the later of the advertisements referred to in subsection (1), lodge with the Ministerial Corporation an objection thereto. (2A) Where, at the time the application is made, the work is not, or is not proposed to be, situated within a declared local area, any person whose interests may be affected by the granting of the application may, within 28 days after the date of the publication of the later of the advertisements referred to in subsection (1), lodge with the Ministerial Corporation an objection thereto. (2B) An objection referred to in subsection (2) or (2A) shall be in writing and shall specify the grounds of objection. (2C) If, after the application is advertised:
(a) the applicant amends the application as advertised, and (b) in the opinion of the Ministerial Corporation the changes warrant the advertising of the application as amended, the Ministerial Corporation shall advertise the amended application in the manner referred to in subsection (1) and:
(c) the provisions of this section shall apply to the amended application as if it were a new application, and (d) the application as originally made shall be deemed to be withdrawn. (3)
(a) After the expiry of a period of twenty-eight days after the date of the publication of the later of such advertisements, the Ministerial Corporation shall decide whether the application should be granted or refused. (b) Where the decision of the Ministerial Corporation is that the application should be granted the Ministerial Corporation shall give the applicant notice of the period, terms, limitations and conditions proposed to be applied to the licence.
(1) This section applies to any application under section 10 (other than an application in respect of an existing work) that concerns a work in respect of which the Planning Assessment Commission has given notice of a review under the to the Ministerial Corporation before the Ministerial Corporation makes its decision on the application under section 11 (3). Environmental Planning and Assessment Act 1979 (2) The Ministerial Corporation:
(a) must refer to the Planning Assessment Commission:
(i) the application (including any accompanying particulars referred to in section 10 (3)), and (ii) any objection to the granting of a licence that is duly lodged in connection with the application, whether the application or objection is made or lodged before or after the notice is received, and (b) must defer making any decision on the application under section 11 (3) until it receives the Commission’s report under the . Environmental Planning and Assessment Act 1979
(1)
(a) The Ministerial Corporation shall, where its decision is that an application for a licence should be granted and no objection has been lodged under section 11, issue a licence to the applicant in the prescribed form for such period and subject to such terms, limitations and conditions (if any) as may be determined by the Ministerial Corporation. (b) The Ministerial Corporation shall, in compliance with any decision of the Civil and Administrative Tribunal upon an inquiry held under section 11 (5) or of the Land and Environment Court upon appeal favouring the granting of an application for a licence or as to the period, terms, limitations and conditions to be applied to a licence, issue a licence to the applicant in the prescribed form for the period and subject to the terms, limitations and conditions set out in the decision of the Civil and Administrative Tribunal or the Land and Environment Court, as the case may be.
(1A) This section does not apply to or in respect of an existing work. (1) Any occupier of land who desires to construct and use a work to which this Part extends (hereinafter in this section referred to as the supply work ) for the purpose of domestic water supply, stock water supply or irrigation but does not occupy:
(a) the land on which the occupier desires to construct the supply work, or (b) the whole of the land on which the occupier desires to construct works (hereinafter in this section referred to as the conveying works ) to convey the water from the supply work to the land on which the occupier desires to use the water,and who cannot obtain occupation of the land required for the supply work or conveying works may apply to the Ministerial Corporation in the form prescribed for a licence to construct the supply work and to take and use for the purpose or purposes specified in the application the water, if any, obtained thereby. (2) The application shall be accompanied by:
(a) the prescribed deposit as security for the cost of investigation and inquiry in connection with the application, and such deposit may be applied by the Ministerial Corporation in payment or part payment of the licence fee payable by the applicant. In the event of the applicant withdrawing or abandoning the application, such deposit or any part thereof may in the discretion of the Ministerial Corporation be retained by it, (b) the particulars set out in section 10 (3), (c) plans showing:
(i) the location of the lands to be supplied with water in relation to the river or lake from which the water supply is to be obtained, and (ii) the lands on which the supply work is proposed to be constructed, including the location of that work and the lands on which the conveying works are proposed to be constructed, including the location of those works, (d) particulars of the supply work and the conveying works including all pipes, channels, regulators, flumes and other structures proposed to be constructed and used, and (e) particulars of the extent of the areas of lands, not occupied by the applicant, which are proposed to be used for the construction of the supply work and the conveying works (hereinafter in this section referred to as the intervening lands) and the names and addresses of the owners and occupiers of those lands. (3) The provisions of section 11 (1), (2), (2A), (2B), (2C), (3) (a) and (4) shall mutatis mutandis apply to an application under this section and to any appeal against the decision of the Ministerial Corporation that the application should be refused. Upon any such appeal the owners and occupiers of the intervening lands shall be permitted to attend and be heard in support of, or in opposition to, the granting of the application.
(1) The Ministerial Corporation may refuse to grant any application for a licence for the purpose of irrigating grasses or pastures other than sown grasses or improved pastures.
(1) Subject to the provisions of this Part with regard to the renewal of licences, a licence may be renewed from time to time by the Ministerial Corporation on the application of the licensee or of the owner of the land upon which the licensed work is situated and payment of the prescribed fee. Such application shall be made before the licence expires but the Ministerial Corporation may deal with an application even if it is lodged later. (1A) Pending consideration of the application by the Ministerial Corporation or the decision of the Land and Environment Court on appeal the licence shall not lapse, but should the required fee be not paid within the prescribed time or the application be not granted, the licence shall lapse. (1B) No renewal, except in respect of a licence granted to a Department of the State, the Rail Corporation New South Wales, Sydney Metro, Sydney Trains, NSW Trains, Residual Transport Corporation of New South Wales, the Board of Fire Commissioners of New South Wales, or to a county council, or any board or joint committee in respect of works of water supply affecting more than one of such councils jointly, a council within the meaning of the , or such other statutory body as may be prescribed, shall be for a period that, except in such circumstances as may be prescribed, exceeds 10 years. Local Government Act 1993 (1C) An application for renewal of a licence for a work constructed or used for the purpose of irrigation or water supply shall be accompanied by:
(a) particulars of the maximum rate at which water may be taken from the river or lake by means of the licensed work, (b) particulars of the estimated quantity of water proposed to be taken annually, (c) particulars of the purpose or purposes for which the water is to be used, and (d) if the work is for the purpose of irrigation, particulars of the area and location of the land being irrigated and the class or classes of crops to be grown thereon.
(1) If at any time during the currency of a licence the Ministerial Corporation is satisfied that:
(a) the holder of the licence has conserved, diverted, taken or used any quantity of water in excess of the quantity authorised by the licence, (b) any land has been irrigated as to an area in excess of that authorised by the licence, (c) the holder of the licence has used the licensed work for a purpose other than that authorised by the licence, (d) the holder of the licence has contravened or failed to comply with any of the terms, limitations or conditions to which the licence is subject, (e) any water diverted, taken or used by the holder of the licence is not being beneficially used or is being wasted, or (f) beneficial use is not being made of the licensed work, the Ministerial Corporation may serve on the holder of the licence a notice that, after the expiration of a period specified in the notice, the licence will be revoked, suspended or modified as indicated in the notice, and where any such notice is served, unless the Ministerial Corporation annuls or withdraws the notice before the expiration of the period so specified, the licence shall, on the expiration of that period, be deemed to be revoked, suspended or modified, as the case may be.
(1) The occupiers of the whole of the lands supplied or proposed to be supplied with water obtained by means of a joint water supply scheme, and, where the land or lands on which the scheme is or is to be constructed is not in the occupation of one or more of those occupiers, the occupier of that land or, as the case may be, the occupiers of those lands, may apply to the Ministerial Corporation for an authority to construct and use the scheme and to take and use, for the purposes specified in the application, the water which may be conserved or obtained by the scheme.
(1) On application being made for an authority the Ministerial Corporation shall cause a notice giving particulars of the application to be published in the Gazette and in such other manner as the Ministerial Corporation is satisfied is likely to bring the notice to the attention of members of the public in the district where the work is or is proposed to be situated. (1AA) Subsection (1) does not require the Ministerial Corporation to cause to be published a notice giving particulars of an application unless it is satisfied that each part of the land to which the application relates is land which one or more of the applicants occupies or occupy or to which one or more of the applicants will obtain the right of occupation. (1A) Where, at the time the application is made, the work is, or is proposed to be, situated within a declared local area, any:
(a) local occupier, or (b) statutory authority, whose interests may be affected by the granting of the application may, within 28 days after the date of publication of the later of the advertisements referred to in subsection (1), lodge with the Ministerial Corporation an objection thereto.
(1) If no objection to the granting of the application has been lodged pursuant to section 20A (1A) or (1B) or the Ministerial Corporation has received the report of the Secretary or Magistrate upon any inquiry pursuant to section 20A (2), the Ministerial Corporation shall decide whether or not to grant the application.
(1) The Ministerial Corporation may refuse to grant any application for an authority for the purpose or irrigating grasses or pastures other than sown grasses or improved pastures. (2) The Ministerial Corporation may refuse to grant any application for an authority if it is not satisfied with the proposals for the construction of the works in regard to nature, class or form, or with the work proposed to be undertaken by any applicant in the preparation of the land for irrigation.
(1) Subject as hereinafter in this section provided an authority may be renewed from time to time by the Ministerial Corporation on the application of the holders of the authority and on payment of the prescribed fee. Such application shall be made before the authority expires but the Ministerial Corporation may deal with an application even if it is lodged later. No renewal shall be for a period that, except in such circumstances as may be prescribed, exceeds 10 years at any one time. (1A) Pending consideration of the application by the Ministerial Corporation the authority shall not lapse, but should the prescribed fee be not paid within the prescribed time the authority shall lapse.
(1A) This section does not apply to or in respect of an existing work. (1) The occupiers of the whole of the lands supplied or proposed to be supplied with water obtained by means of a joint water supply scheme (hereinafter in this section referred to as the supply work ) who desire to construct and use the supply work for the purpose of domestic water supply, stock water supply or irrigation, but one or more of whom do not occupy:
(a) the whole of the lands on which they desire to construct the supply work, or (b) the whole of the lands on which they desire to construct works (hereinafter in this section referred to as the conveying works ) to convey the water from the supply work to the lands on which they desire to use the water,and who cannot obtain occupation of the land required for the supply work or conveying works may apply to the Ministerial Corporation for an authority to construct the supply work and to take and use for the purpose or purposes specified in the application the water, if any, conserved or obtained thereby. (2) The provisions of sections 13A (2) (c) and (e), 20 (2) and 20A (1), (1A), (1B), (1C) and (1D) shall mutatis mutandis apply to an application under this section. (3)
(a) After the expiry of a period of twenty-eight days after the date of the publication of the later of such advertisements, the Ministerial Corporation shall decide whether the application should be granted or refused. (b) In any case where the decision of the Ministerial Corporation is that the application should be refused, the applicants shall be notified in writing of such decision. (4) In any case where the decision of the Ministerial Corporation is that the application should be granted, the following provisions shall have effect:
(a) the Ministerial Corporation shall direct the Secretary or a Magistrate to hold a public inquiry as to the desirability of granting the application, (b) the Ministerial Corporation shall notify the owners and occupiers of the intervening lands of the application and of the reference thereof to the Secretary or the Magistrate, (c) the holding of the inquiry shall be notified in the Gazette and in such other manner as the Ministerial Corporation is satisfied is likely to bring the holding of the inquiry to the attention of members of the public in the district where the supply work is or is proposed to be situated, (d) the Ministerial Corporation, the owners and occupiers of the intervening lands, and:
(i) where, at the time the application is made, the supply or conveying works are, or are proposed to be, situated within a declared local area, any local occupier or statutory authority (being an occupier or an authority whose interests may be affected by the granting of the application), or (ii) where, at the time the application is made, the supply or conveying works are not, or are not proposed to be, situated within a declared local area, any person whose interests may be affected by the granting of the application, shall be permitted to attend at the inquiry and be heard in support of, or in opposition to, the granting of the application, (e) the Secretary or Magistrate, as the case may be, holding the inquiry shall announce the Secretary’s or Magistrate’s decision in open court and shall thereupon report in writing upon the inquiry to the Ministerial Corporation, (f) where the decision of the Secretary or Magistrate is in favour of granting the application, the Secretary or Magistrate, as the case may be, shall also make recommendations to the Ministerial Corporation as to:
(i) the arrangements which should in the Secretary’s or Magistrate’s opinion be made by the applicants in respect of the provision, construction, operation, maintenance and renewal of the works, the apportionment between them of the water taken by means of such works and any payments to be made by any of them in respect of the works or the water supply (hereinafter in this section referred to as the works arrangements ), and(ii) the period for which the authority should be granted, the terms, limitations and conditions which should be applied to the authority concerning the occupancy and use of the intervening lands by the holders of the authority, the payments (if any and by whom) to be made in respect of such occupancy and use and the construction, use and maintenance of the supply work and conveying works, (g) on receipt of the report of the Secretary or Magistrate deciding in favour of granting the application, the Ministerial Corporation shall determine the works arrangements and the period, terms, limitations and conditions including those relating to the taking of water, (h) the decision of the Secretary or Magistrate as to the desirability or otherwise of granting the application shall be notified by the Ministerial Corporation to the applicants and to the owners and occupiers of the intervening lands and to any person who attended at the inquiry and was heard by the Secretary or Magistrate in support of or in opposition to the granting of the application, (i) where such decision is in favour of the granting of the application the Ministerial Corporation shall in such notification include the period, terms, limitations and conditions to be applied to the authority and, in the notification to the applicants, the works arrangements determined by the Ministerial Corporation, (j) any owner or occupier of the intervening lands may, within twenty-eight days after the posting to the owner or occupier of the Ministerial Corporation’s notification, appeal to the Land and Environment Court against the decision of the Secretary or Magistrate or the determination by the Ministerial Corporation of the period, terms, limitations and conditions to be applied to the authority, (k) the decision of the Court shall be final, (l) the appeal shall be made as prescribed by rules of court of the Land and Environment Court and be accompanied by a fee of ten dollars as security for the costs of the appeal. Notice of appeal in the prescribed form shall be given by the appellant to the Ministerial Corporation upon the lodging of the appeal in the Land and Environment Court.
(1)
(a) Subject as hereinafter in this section provided an authority may be renewed from time to time by the Ministerial Corporation on the application of the holders of the authority and on payment of the prescribed fee. (b) Such application shall be made before the authority expires but the Ministerial Corporation may deal with an application even if it is lodged later. (c) No renewal shall be for a period that, except in such circumstances as may be prescribed, exceeds 10 years at any one time. (d) Pending the consideration of the application by the Ministerial Corporation, the Secretary or Magistrate or the Land and Environment Court on appeal, as the case may be, the authority shall not lapse but should the prescribed fee be not paid within the prescribed time the authority shall lapse. (e) Where the Ministerial Corporation deals with an application for renewal lodged after the authority expires, paragraph (d) has effect as if the application had been under consideration since before the expiration of the authority.
(1) If the holders of an authority apply to the Ministerial Corporation for an amended authority to exclude any part of the lands which may be supplied with water under the terms of the authority for the joint water supply scheme the Ministerial Corporation shall issue in respect of the remaining lands and in substitution for the existing authority an amended authority for the unexpired portion of the period for which the existing authority had been granted and subject to such terms and conditions as the Ministerial Corporation may deem fit. Any such amended authority shall be issued without payment of a fee.
(1) If at any time during the currency of an authority the Ministerial Corporation is satisfied that:
(a) the holders or any of the holders of the authority have or has conserved, diverted, taken or used any quantity of water in excess of the quantity authorised by the authority, (b) any land has been irrigated as to an area in excess of that authorised by the authority, (c) the holders or any of the holders of the authority have or has used the work in respect of which the authority is held for a purpose other than that authorised by the authority, (d) the holders or any of the holders of the authority have or has contravened or failed to comply with any of the terms, limitations or conditions to which the authority is subject, (e) any water diverted, taken or used by any of the holders of the authority is not being beneficially used or is being wasted, or (f) beneficial use is not being made of the work in respect of which the authority is held, the Ministerial Corporation may serve on the holders of the authority a notice that, after the expiration of a period specified in the notice, the authority will be revoked, suspended or modified as indicated in the notice, and where any such notice is served, unless the Ministerial Corporation annuls or withdraws the notice before the expiration of the period so specified, the authority shall, on the expiration of that period, be deemed to be revoked, suspended or modified, as the case may be.
(1) If no objection to the granting of the application has been lodged or if such an objection has been lodged and the Ministerial Corporation has received the report of the Secretary or Magistrate upon any inquiry into the application, the Ministerial Corporation shall decide whether or not to grant the application. (2) Where the Ministerial Corporation’s decision is that the application for the group licence shall be granted, the Ministerial Corporation shall notify the Board of the prescribed fee, of the period for which the group licence is to be issued and of the terms, limitations and conditions which the Ministerial Corporation has decided shall be attached to the group licence.
(1) An application for renewal of a group licence may be made by a Board to the Ministerial Corporation before the group licence expires but the Ministerial Corporation may deal with an application even if it is lodged later. (2)
(1) The Board may apply to the Ministerial Corporation in the prescribed form for an amended group licence to be issued to it in substitution for the group licence or amended group licence held by it. (2) Where:
(a) a Board is notified by the Ministerial Corporation that the Governor proposes pursuant to section 11 of the to re-define the boundaries of a private district by adding to that private district any lands and the Board makes an application under subsection (1) for an amended group licence to enable those lands to be supplied with water, or Private Irrigation Districts Act 1973 (b) a Board makes an application under subsection (1) for an amended group licence by reason of any proposed alteration of any work to which this Part extends and the Ministerial Corporation is of the opinion that the alteration would, if made, materially and prejudicially affect the quantity or quality of water flowing in, to, or from, or being in any river or lake, the provisions of section 20E (2) (b), (b1), (b2) and (c) apply to and in respect of the application in the same way as those provisions apply to an application referred to in that section and:
(c) the provisions of section 20K (3) apply to and in respect of any inquiry and report made for the purposes of this subsection, and (d) the provisions of section 20L (1) and (2) (except so much of section 20L (2) as relates to the period for which a group licence is to be issued) apply to and in respect of the granting of the amended group licence in the same way as they apply to the granting of a group licence.
(1) If at any time during the currency of a group licence the Ministerial Corporation is satisfied that:
(a) the Board holding the group licence or any of the group licence occupiers has conserved, diverted, taken or used any quantity of water in excess of the quantity authorised by the group licence, (b) any land has been irrigated as to an area in excess of that authorised by the group licence, (c) the Board holding the group licence or any of the group licence occupiers has used the work in respect of which the licence is held for a purpose other than that authorised by the licence, (d) the Board holding the group licence or any of the group licence occupiers has contravened or failed to comply with any of the terms, limitations or conditions to which the licence is subject, (e) any water diverted, taken or used by the Board holding the group licence or by any of the group licence occupiers is not being beneficially used or is being wasted, (f) beneficial use is not being made of the work in respect of which the group licence is held, or (g) the Board holding the group licence has failed to pay by the due date the second or any subsequent instalment of the fee payable in respect of the issue or renewal of the group licence, the Ministerial Corporation may serve on the Board a notice that, after the expiration of a period specified in the notice, the group licence will be revoked, suspended or modified as indicated in the notice, and where any such notice is served, unless the Ministerial Corporation annuls or withdraws the notice before the expiration of the period so specified, the group licence shall, on the expiration of that period, be deemed to be revoked, suspended or modified, as the case may be.
(1) Before an order under section 20W may be made, the Ministerial Corporation shall prepare a volumetric water allocations scheme, or a modification of such a scheme, in respect of the water source to which it is proposed that the order will, when made, apply. (2) In preparing or modifying a scheme in respect of a water source, the Ministerial Corporation:
(a) shall assess the total quantity of water:
(i) that is likely to be available in each year for apportionment among the holders of entitlements, and (ii) that, in the opinion of the Ministerial Corporation, should be reserved for other uses or for future use, and (b) shall then determine in respect of each entitlement the maximum quantity of water which may, subject to this Division, be taken from that water source in any year under the entitlement for the purpose or purposes specified in the entitlement. (3) The Ministerial Corporation may:
(a) fix differing quantities of water per hectare according to whether water authorised to be taken from the water source under an entitlement may be used for the purpose of irrigating orchards, vineyards, trees (other than trees in orchards), lucerne, pasture, fodder crops, cereal crops or vegetables or crops or plantings of any other description, (b) fix differing quantities of water according to whether water authorised to be taken from the water source under an entitlement may be used for a purpose other than a purpose specified in paragraph (a), and (c) determine that in no case shall the maximum quantity of water which may be taken from the water source in any year under any entitlement exceed a quantity specified by the Ministerial Corporation. (3A) The Ministerial Corporation may, from time to time, vary any determination made under subsection (3) (c) by increasing the quantity specified by it as being the maximum quantity of water which may be taken from a water source in any year under any entitlement.
(1) Subject to any determination in force under section 20X (3) (c), the Ministerial Corporation may, from time to time and by notice in writing served on the holder of an entitlement (being an entitlement which authorises the taking of water from a water source which is subject to a scheme), vary any determination made under section 20X (2) (b) or 20AB (1) (a) in respect of the entitlement.
(1) The Ministerial Corporation may at any time, or from time to time, during a year:
(a) increase the basic water allocation for an entitlement for that year without exceeding any maximum quantity determined under section 20X (3) (c), and (b) decrease the basic water allocation for the entitlement for the next succeeding year, without altering the total basic water allocation for the entitlement for those years.
(1) Where the Ministerial Corporation is satisfied that a water source which is subject to a scheme is unlikely to have more water available than is sufficient to meet the requirements of the persons already authorised by law to take water from the water source and such other possible requirements for water from the water source as are determined by the Ministerial Corporation, it may, by a notice published in the Gazette (and in such other manner as the Ministerial Corporation is satisfied is likely to bring the notice to the attention of members of the public in the district in which the water source is located), declare that, on and from a date specified in the notice (being the date of publication in the Gazette or a later date):
(a) no applications made after the date on which the notice is so published for entitlements, and (b) no applications made after the date on which the notice is so published:
(i) for additional licences made under the proviso to section 18 (2), (ii) for amended authorities made under section 20E (2) (a), or (iii) for amended group licences referred to in section 20Q (2) (a), will be granted until the notice is revoked by a subsequent notice so published. (1A) A declaration under subsection (1) may relate:
(a) to a specified application for an entitlement, (b) to all applications for entitlements, (c) to a specified class of applications for entitlements, or (d) to all applications for entitlements other than a specified application for an entitlement or a specified class of applications for entitlements.
(1) If, at any time, or from time to time, during a year, it appears to the Ministerial Corporation that a water source which is subject to a scheme is unlikely to have sufficient water available to meet the requirements during that year of the persons authorised by law to take water from that water source and such other possible requirements for water from that water source as are determined by the Ministerial Corporation, the Ministerial Corporation may, by a notice published in the Gazette (and in such other manner as the Ministerial Corporation is satisfied is likely to bring the notice to the attention of members of the public in the district in which that water source is located), either before or after the beginning of that year, reduce the water allocations under the scheme for that year by such proportion as may be specified in the notice.
(1) The Ministerial Corporation may, during a year or before its commencement, give a direction in such manner as it thinks fit as to the times at which, the manner in which, and the extent to which, water may, under an entitlement, be taken in excess of the water allocation for the entitlement from a water source subject to a scheme, and may vary or revoke such a direction.
(1) Where the Ministerial Corporation decides to grant an application made under this Part or under the for the issue of an entitlement which will authorise the taking of water from a water source which is subject to a scheme, it shall: Irrigation Corporations Act 1994
(a) determine in respect of the entitlement the maximum quantity of water which may, subject to this Division, be taken from the water source in any year for the purpose or purposes for which the entitlement is to be issued, and (b) include in the entitlement a condition that, except where the operation of the condition is deemed to be suspended under section 20AA (2), on and from the date on which the entitlement is to have effect and in respect of each year during which the scheme is in force, not more than the maximum quantity of water determined in respect of the entitlement under paragraph (a) and specified in the condition (as may be modified from time to time under this Division) shall be taken from that water source during any year under the entitlement for the purpose or purposes specified in the entitlement.
(1) Except where an application may be made under subsection (2), application for a transfer shall be made by the transferee applying for a new entitlement (or, if the holder so desires in the case of an authority or a group licence, for an amended entitlement) and a water allocation for the entitlement that:
(a) if the transferee is not already the holder of an entitlement—comprises or includes the water allocation proposed to be transferred, or (b) if the transferee is already the holder of an entitlement—comprises the water allocation for the existing entitlement together with the water allocation proposed to be transferred. (2) If the Ministerial Corporation agrees and subsection (3) is complied with, the Ministerial Corporation may accept and consider an application by a transferor or transferee for the transfer of a water allocation by way of an appropriate modification under section 20XA of the conditions to which the entitlements of the transferor and transferee are subject. (3) This subsection is complied with in relation to an application referred to in subsection (2) if:
(a) the application is for a temporary transfer for a period of not more than 3 years or, if some other period is prescribed for the purposes of this paragraph, the period so prescribed, (b) the transfer will be to the holder of an existing entitlement, (c) the period for which the transfer is to be effected does not, when aggregated with the period or periods for which any other transfer or transfers obtained by the transferee under subsection (2), exceed 3 years or any other period prescribed for the purposes of paragraph (a), and (d) the application is made in a form approved by the Ministerial Corporation. (3A) Subsection (3) (c) does not apply in relation to an application referred to in subsection (2) if the Ministerial Corporation is satisfied that the water allocation to which the application relates will be used in accordance with a farm water management plan approved by the Ministerial Corporation.
(1) Even if a notice under section 20Y is in force in relation to a water source, the Ministerial Corporation may, in such manner as it thinks fit, give notice:
(a) to any person holding an entitlement to take water from the water source that an offer may be made to the Ministerial Corporation to purchase for the entitlement an additional water allocation of available water from the water source, or (b) to any person desiring to apply for an entitlement to take available water from the water source that an offer may be made to the Ministerial Corporation to purchase the water allocation that would be applicable to the entitlement if it were granted. (2) A notice under subsection (1) may be given:
(a) to a person specified in the notice, (b) to all persons within a class of persons specified in the notice, or (c) to all persons other than those within a class of persons specified in the notice.
(1) For the purposes of this Part the Ministerial Corporation, or any person authorised by it, may enter on any land and take levels and make surveys and marks, and fix pegs and stakes, and inspect any works.
(1) If at any time the Ministerial Corporation is satisfied that the quantity of water available, or likely to be available, in a river, lake or section of a river is insufficient to meet all requirements with respect to the taking of water from the river, lake or section, it may, in the manner provided in this section, restrict or suspend the rights held under licences, group licences, authorities or permits issued under this Part, or held under section 7, for the taking of water for any purpose from the river, lake or section or any part of the river, lake or section. (2) Particulars of any restrictions or suspensions imposed by the Ministerial Corporation under subsection (1) shall be notified in the Gazette and in such other manner as the Ministerial Corporation is satisfied is likely to bring those particulars to the attention of members of the public in the district in which the river, lake or section is located. (3) A notification made under subsection (2) may be amended, altered, modified or cancelled by the Ministerial Corporation and particulars of any such amendment, alteration, modification or cancellation shall be notified in the Gazette and in such other manner as the Ministerial Corporation is satisfied is likely to bring those particulars to the attention of members of the public in the district in which the river, lake or section is located.
(1) This section applies to a water source that is not the subject of a volumetric water allocations scheme under Division 4B if the Ministerial Corporation is satisfied that the water source is unlikely to have more water available than is sufficient to meet:
(a) the requirements of the persons already authorised by law to take water from the water source, and (b) such other possible requirements for water from the water source as are determined by the Ministerial Corporation. (2) The Ministerial Corporation may, by order published in the Gazette, declare that, until the order is revoked, an application for an entitlement to which the order applies may not be made after a specified date (being a date not earlier than the date of publication) if the entitlement would authorise the taking of water from a water source specified in the order that is a water source to which this section applies.
(1) In this section: dam includes any work used for the purposes of water storage or conservation, but does not include any such work that, in the opinion of the Ministerial Corporation, is used for environmental purposes.entitlement means a licence, permit, authority or group licence.
(1) In this section: dam includes any work used for the purposes of water storage or conservation.entitlement means:
(a) a licence, permit, authority or group licence, or (b) in relation to a trust, the right to take and use water conferred on the trust by section 38B. trust means a trust constituted under Part 3 that is declared by the regulations to be a trust to which this section applies.(1A) In this section:
(a) a reference to a work of the Crown includes a reference to a work vested in or controlled by the Dumaresq-Barwon Border Rivers Commission, and (b) a reference to the holder of an entitlement includes:
(i) if the entitlement is an authority, a reference to each of the holders of the authority, and (ii) if the entitlement is the right of a trust to take and use water, a reference to the trust. (2) The Ministerial Corporation may, by order published in the Gazette, declare that the flow or supply of water in any river, lake or section of a river has been augmented, stabilised or assured by a work of the Crown. (2A) The Ministerial Corporation may, by order published in the Gazette, declare that the sharing and use of water from any river, lake or section of river is managed by the State. (2B) The Ministerial Corporation may, by order published in the Gazette, declare that the storage or conservation of water in any specified dam or specified class of dam is managed by the State. (3) Where a work in respect of which an entitlement is held:
(a) is used for the purpose of irrigation or water supply for stock, for industrial use or for such other use as may be prescribed, and (b) is connected with a river, lake or section of a river in respect of which an order under subsection (2) or (2A) is in force, the holder of the entitlement shall, subject to and in accordance with this section, pay a charge for the right to take and use water from the river, lake or section in addition to the fee (if any) payable for the entitlement. (3A) The holder of an entitlement in respect of a dam to which an order under subsection (2B) relates must, subject to and in accordance with this section, pay a charge for the right to store or conserve water in the dam in addition to the fee (if any) payable for the entitlement. (4) The charge payable under subsection (3) or (3A) shall:
(a) subject to subsection (4A), be fixed by the Ministerial Corporation from time to time, (a1) be paid:
(i) in respect of each complete year during which the entitlement is in force, and (ii) if the entitlement is not in force for the whole of a year—in respect of the part of the year during which it is in force, after the date of the order referred to in subsection (2), (2A) or (2B), (b) be calculated at a rate which may vary according to the nature of the entitlement but is not greater than the maximum rate which shall be prescribed according to:
(i) the purpose or purposes for which the water is to be taken and used, (ii) the nature of the work, and (iii) the method of obtaining the water, (c) be paid at the prescribed times and in the prescribed manner, (d) to the extent of a minimum annual amount fixed by the Ministerial Corporation in each case, be payable even if the entitlement is suspended or the work to which it relates is not used, and (e) be on the basis of a fixed charge and either:
(i) the quantity of water taken and used by means of the work during the relevant year, or part of a year, referred to in paragraph (a1), or (ii) the area of land irrigated with water so taken and used, even if the water is taken and used while the entitlement is suspended. Without limiting the above, the charge payable under subsection (3) or (3A) may be a specified amount if means for measuring the quantity of water taken and used are not available or if there is other good cause to do so. (4A) Where the Ministerial Corporation varies the amount it has fixed as the charge payable under subsection (3) or (3A), the variation shall take effect on such date as the Ministerial Corporation may determine.
(1) The Ministerial Corporation may, at any time after giving reasonable notice, cancel a licence, group licence or an authority on payment of compensation to the person entitled to the benefit of the licence or authority or to the holder of the group licence (the affected person ).
(1) The Governor may notify in the Gazette any proposal for the construction by the Crown of any artesian well, and for the conservation and supply of the water flowing from such well, together with an estimate of the cost of the same.
(1) On the completion of a work constructed under the preceding section, the Ministerial Corporation may direct the Secretary to assess the charges to be paid by each occupier of land within the district notified as aforesaid.
(1) On the completion of a work constructed under the preceding section, the Ministerial Corporation may direct the Secretary to assess the charges to be paid by each occupier of any of the said lands.
(1) If the Ministerial Corporation is satisfied that the whole or any part of a sub-surface water basin (referred to in this section as a water shortage zone ) is unlikely to have more water available than is sufficient to meet:
(a) the requirements of the licensees of the bores situated within the water shortage zone, and (b) such other possible requirements from the water shortage zone as are determined by the Ministerial Corporation, it may, by order, place an embargo on any further applications for licences with respect to that zone. (2) Such an order may relate to:
(a) a specified application for a licence, or (b) a specified class of applications for licences, or (c) all applications for licences, or (d) all applications for licences, other than:
(i) a specified application for a licence, or (ii) a specified class of applications for licences.
(1) The Ministerial Corporation may, by order published in the Gazette, declare any sub-surface water basin, or any part thereof, to be a restricted sub-surface water area.
(1) In this section: prescribed area means an area for the time being declared to be a prescribed area under subsection (2).year , in relation to a prescribed area, or part of a prescribed area, means:
(a) a year commencing on 1 July, or (b) if the Ministerial Corporation by order published in the Gazette specifies a different year for the prescribed area or part of a prescribed area—the specified year. (1A) Where the year relating to an existing prescribed area, or part of an existing prescribed area, is changed, the order making the change may also make provision for the transitional arrangements leading to the change. (2) The Ministerial Corporation may, by order published in the Gazette, declare that as from:
(a) the date of publication of the order, or (b) a later date specified in the order, any sub-surface water basin, or any part thereof, shall be a prescribed area for the purposes of this section. (3) The Ministerial Corporation may, by order published in the Gazette, at any time:
(a) vary, whether as to the whole or any part, or revoke the order of any prescribed area, or (b) amend the boundaries of any prescribed area. (4) The licensee of any bore within a prescribed area shall, subject to and in accordance with this section and even if the licence is suspended, pay a charge for the right to take and use water from the bore in addition to the fee payable for the licence.
(1) If the Ministerial Corporation is satisfied that the whole or any part of a sub-surface water basin (referred to in this section as a water shortage zone ) is unlikely to have more water available than is sufficient to meet:
(a) the requirements of the licensees of bores situated within the water shortage zone, and (b) such other possible requirements from the water shortage zone as are determined by the Ministerial Corporation, it may, by order, suspend or restrict the entitlement of licensees within that zone to take and use water obtained by such bores. (2) In particular, such an order may reduce a licensee’s water allocation during the period for which the order is in force. (3) Such an order may relate to:
(a) a specified bore, or (b) a specified class of bores, or (c) all bores, or (d) all bores, other than:
(i) a specified bore, or (ii) a specified class of bores.
(1) If the Ministerial Corporation is satisfied that the whole or any part of a sub-surface water basin (referred to in this section as a water surplus zone ) is likely to have more water available than is sufficient to meet:
(a) the requirements of the licensees of bores situated within the water surplus zone, and (b) such other possible requirements from the water surplus zone as are determined by the Ministerial Corporation, it may, by order, increase the water allocation for any licensee in that zone for the period for which the order is in force.
(1) This section applies only to such sub-surface water basins (or parts of sub-surface water basins) as the Ministerial Corporation has determined to be subject to this section. (2) The holder of a licence (the transferor ) may, with the approval of the Ministerial Corporation, transfer the whole or part of the water allocation for the licence to any other person (thetransferee ), whether or not the transferee is the holder of another licence at the time the application for approval of the transfer is made.(3) Any such transfer:
(a) may be a temporary transfer for such period as may be determined by the Ministerial Corporation, after which time the transferred water allocation reverts to the transferor, or (b) may be a permanent transfer, in which case the transferor’s rights to take and use the water concerned are cancelled on completion of the transfer. (4) An application for the Ministerial Corporation’s approval may be made by the transferor and transferee in the form approved by the Ministerial Corporation.
(1) A person must not carry out any work as a driller on any land (other than land of which the person is the owner or occupier) unless:
(a) the person is the holder of a driller’s licence issued by the Ministerial Corporation, and (b) the work being carried out is of a type or class prescribed in the regulations and set out in the licence issued to that person. (2) Any person who contravenes the provisions of subsection (1) shall, upon conviction, be liable to a penalty not exceeding 5 penalty units and a further penalty not exceeding 1 penalty unit for each day during which the contravention continues after such conviction. (3)
(1) The Ministerial Corporation may, by order in writing, direct a water management authority to take such action as is specified in the order:
(a) to protect a water source from any adverse effects of the authority’s activities, or (b) to mitigate any adverse effects on a water source that have arisen from the authority’s activities, or (c) to prevent the wastage or pollution of water from the authority’s water management works.
(Section 4H)