An Act to amend the Water Management Act 2000 in relation to compliance and enforcement, access licences, publication of notices and orders and other miscellaneous matters; and for other purposes.
1 Name of Act
This Act is the Water Management Amendment Act 2008.
2 Commencement
(1) This Act commences on the date of assent to this Act, except as provided by subsection (2).(2) Schedules 1–4 and 7.2 and 7.3 commence on a day or days to be appointed by proclamation.
3 Amendment of Water Management Act 2000 No 92
The Water Management Act 2000 is amended as set out in Schedules 1–6.
4 (Repealed)
s 4: Rep 2009 No 56, Sch 5.
schs 1–3: Rep 2009 No 56, Sch 5.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.(2) The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.
Schedules 1–3 (Repealed)
Schedule 4 Amendments relating to access licences
(Section 3)
[1]–[4] (Repealed)
[5] Section 71W
Omit the section. Insert instead:71W Access licence may nominate water supply works(1) On the application of the holder of an access licence for a water management area or water source, the Minister may consent to the amendment of the licence so as:(a) to nominate a specified water supply work in that water management area or water source as a work by means of which water credited to the licence may be taken, or(b) to nominate a specified water supply work in a NSW water tagging zone as a work by means of which water credited to the licence may be taken, oror so as to withdraw such a nomination.(c) to nominate a specified extraction point in an interstate water tagging zone as an extraction point from which water credited to the licence may be taken,(2) For the avoidance of doubt, a water supply work may be nominated under subsection (1) even though no approval is required to be held in relation to the work.(3) The holder of an approval for a water supply work must notify the Minister, in accordance with the regulations:(a) that the work has been nominated (whether by reference to the work itself or by reference to an extraction point at which it is located) as a work from which water credited to the interstate equivalent of an access licence may be taken, orif that is the case.(b) that such a nomination has been withdrawn,(4) For the purposes of this section, an extraction point in an interstate water tagging zone is to be specified in accordance with the regulations.(5) In this section, a reference to a water supply work includes a reference to a group of such works.
[6] Section 71Z Access licence dealing principles
Omit section 71Z (2). Insert instead:(2) The access licence dealing principles may include provisions relating to any or all of the following:(a) the establishment of interstate water tagging zones,(b) the establishment of NSW water tagging zones,(c) the criteria to be considered for the granting of an application with respect to a nomination referred to in section 71W (1) (b) or (c).
[7] Section 72A
Omit the section. Insert instead:72A Special provisions relating to co-holdings in access licences(1) Subject to sections 71M, 71N and 74, any dealing in relation to an access licence held by co-holders, and any application for the Minister’s consent to such a dealing, requires the consent of all of the co-holders (a co-holder’s consent).(2) A co-holder of an access licence may, in accordance with the regulations:(a) appoint another co-holder (the first co-holder’s nominee), to give, on his or her behalf, any co-holder’s consent required by subsection (1) in relation to an application for the Minister’s consent to a dealing, and(b) revoke any appointment that the co-holder has made under paragraph (a).(3) The same person may be nominee for more than one co-holder.(4) Any co-holder’s consent given by the co-holder’s nominee in relation to an application for the Minister’s consent to a dealing in an access licence is taken to have been given by the co-holder.(5) The revocation of a nominee’s appointment under subsection (2) (b) does not affect any co-holder’s consent given by the nominee before the revocation took effect.
[8], [9] (Repealed)
[10] Section 391A Interstate arrangements in relation to access licences and approvals
Omit “in cases referred to in section 71W (2) or 89 (2)” from section 391A (1).Insert instead “pursuant to section 71W or 89”.
[11] Dictionary
Insert in alphabetical order:interstate water tagging zone means an interstate water tagging zone established by the access licence dealing principles.NSW water tagging zone means a NSW water tagging zone established by the access licence dealing principles.
sch 4: Am 2009 No 106, Sch 6; 2011 No 62, Sch 5; 2012 No 42, Sch 1.28 [1] [2].
schs 5–7: Rep 2009 No 56, Sch 5.
Schedules 5–7 (Repealed)