An Act to amend the Water Management Act 2000 with respect to management plans, approvals and access licences, Murray-Darling Basin water resources, metering equipment, enforcement and liability, the provision of information and managing environmental water; and for other purposes.
1 Name of Act
This Act is the Water Management Amendment Act 2018.
2 Commencement
(1) This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2).(2) Schedules 1 [1]–[7], [9]–[25], [28], [30], [31], [34]–[36], [38]–[42], [45]–[51], [53], [54], [56]–[59], [61]–[70], [73]–[76], [78]–[80], [85], [88]–[90], [92] (except to the extent that it inserts the definition of individual daily extraction component), [93]–[96], 2.1–2.3 and 2.5 commence on the date of assent to this Act.
Schedule 1 Amendment of Water Management Act 2000 No 92
[1] Sections 7 (2), 13 (1) (g), 41 (2), 45 (3), 49A (2), 50 (3) and 75 (2)
Omit “Climate Change and” wherever occurring.
[2] Section 17 Provisions applicable to all management plans
Omit “(mandatory conditions)” from section 17 (c).
[3] Section 21 Additional provisions
Insert after section 21 (e):(e1) measures, not inconsistent with this Act, that are necessary because of requirements arising under the Water Act 2007 of the Commonwealth,
[4] Sections 38 (2) (c), 49A (3), 110 (3), 111 (3), 142 (3), 144 (3), 156 (3), 205 (3), 216 (2), 282 (2) (b), 324 (3) and 336B (4) (c)
Omit “an appropriate newspaper” wherever occurring.Insert instead “the authorised manner”.
[5] Section 43 Duration of management plans
Omit “Climate Change and the Environment” from section 43 (3).Insert instead “the Environment and the Natural Resources Commission”.
[6] Section 43A Extension of duration of management plan dealing with water sharing
Omit section 43A (3) (a). Insert instead:(a) the extent to which the water sharing provisions have materially contributed to the achievement of, or the failure to achieve, environmental, social and economic outcomes,
[7] Section 44 Periodic auditing of management plans
Omit “at intervals of not more than 5 years” from section 44 (1).Insert instead “within the first 5 years of the plan”.
[8] Section 44 (2)
Omit the subsection. Insert instead:(2) An audit under this section is to be carried out by the Natural Resources Commission.
[9] Section 45 Minister may amend or repeal management plan
Insert at the end of section 45 (1) (c):, or(d) if satisfied that it is necessary to do so because of requirements arising under the Water Act 2007 of the Commonwealth.
[10] Section 45 (5A)
Insert after section 45 (5):(5A) The Minister may at any time, by order published on the NSW legislation website, repeal a management plan that deals with water sharing if satisfied that it is necessary to do so because of requirements arising under the Water Act 2007 of the Commonwealth.
[11] Section 49A Suspension of management plans during severe water shortages
Insert “(unless sooner revoked)” after “expires” in section 49A (4).
[12] Section 49A (5)
Insert “or section 49B” after “this section” wherever occurring.
[13] Section 49B
Insert after section 49A:49B Suspension of Basin management plans during extreme events(1) If satisfied that there is an extreme event in relation to a particular Basin management area or part of the Basin water resources, the Minister may, by order published in the Gazette, suspend the operation of any Basin management plan, either in whole or in part, in relation to that or any other Basin management area or water source or part of a water source that is part of the Basin water resources.(2) Before suspending the operation of a Basin management plan in relation to a Basin management area or part of the Basin water resources, the Minister must obtain the concurrence of the Minister for the Environment.(3) As soon as practicable after an order under this section is published in the Gazette, a copy of the order must be published:(a) in the authorised manner, or(b) on a publicly accessible website that, in the opinion of the Minister, is appropriate for the publication of orders of that kind.(4) An order under this section expires (unless sooner revoked) at the end of 30 June following the date on which it is made or, if made on or after 1 April in any year, at the end of 30 June of the following year.(5) An order may not be made under this section in relation to a Basin management plan that has, at any time during the previous 12 months, been subject to an order under this section or section 49A unless the Minister is satisfied, for reasons specified in the order, that there is no need for the plan to be amended under Division 9.(6) Except as provided by subsection (5), this section does not prevent a Basin management area or part of the Basin water resources from being the subject of an order under section 49A.
[14] Section 51 Implementation programs
Omit “(in an appropriate newspaper and in such other manner as the Minister considers appropriate)” from section 51 (4) (a).Insert instead “in the authorised manner”.
[15] Section 55A Application of Part
Insert after section 55A (2):(3) To avoid doubt, the revocation of a management plan or amendment of a management plan so as to remove, or change the description of, a water source described in a proclamation made under this section does not affect the application of this Part to the water source as effected by a proclamation previously made under this Part.
[16] Section 59 Available water determinations
Insert “or 49B (1)” after “section 49A (1)” in section 59 (1) (b).
[17] Section 60 Rules of distribution applicable to making of available water determinations
Insert “or 49B” after “section 49A” in section 60 (1).
[18] Section 60 (3A)–(3C)
Insert after section 60 (3):(3A) While an order under section 49B is in force, the following rules of distribution apply to the making of an available water determination:(a) first priority is to be given to meeting critical human water needs,(b) second, third, fourth and fifth priorities are to be given to the matters set out in subsection (3) (a), (b), (c) and (d), respectively, to the extent that those matters are not critical human water needs.(3B) In a case where orders under both sections 49A and 49B are in force in relation to the same water management area or water source, the rules set out in subsection (3A) prevail.(3C) In this section:critical human water needs means the needs for a minimum amount of water, that can only reasonably be provided from the Basin water resources, required to meet:(a) core human consumption requirements in urban and rural areas, and(b) those non-human consumption requirements that a failure to meet would cause prohibitively high social, economic or national security costs.
[19] Section 60G Minister may charge for water illegally taken
Insert after section 60G (2):(3) For the purposes of taking action under this section, the Minister may determine the quantity of water taken by estimating the quantity in accordance with a methodology prescribed by the regulations for the purposes of this section.
[20] Section 66 Conditions of access licence generally
Omit “(mandatory conditions)” from section 66 (1) (a).
[21] Section 66 (1AA)
Insert after section 66 (1):(1AA) An access licence is subject to any mandatory conditions imposed by this Act or the regulations.
[22] Section 66 (1A)
Insert “(other than conditions imposed by the regulations)” after “Mandatory conditions”.
[23] Section 66 (5)
Insert after section 66 (4):(5) In this section, mandatory condition means a condition referred to in subsection (1) (a) or (1AA) or imposed under section 8E.
[24] Section 67 Imposition of conditions after access licence is granted
Insert “referred to in section 66 (1) (a)” after “Mandatory conditions” in section 67 (3).
[25] Section 68A Amendment of share or extraction components of access licences and other actions by Minister
Insert after section 68A (1B):(1C) The Minister may amend the share component of a specific purpose access licence. The Minister may, in such a case, grant a new access licence specifying the share component to which the specific purpose access licence no longer applies.(1D) An amendment may only be made under subsection (1C) if that part of the share component that is the subject of the amendment is no longer necessary for the purpose for which the specific purpose access licence was granted.(1E) The Minister may amend an access licence by withdrawing the nomination of a specified water supply work as a work by means of or from which water may be taken under the licence, if the work is the subject of an approval that has expired or has been cancelled or surrendered.(1F) The Minister may amend an access licence or approval under subsection (1C) or (1E) at the Minister’s discretion or at the request of the holder of the licence or approval.
[26] Section 71 Water Access Licence Register
Omit section 71 (3) and (4).
[27] Section 71QA
Insert after section 71Q:71QA Assignment of individual daily extraction component(1) For the purposes of this section, an individual daily extraction component means an entitlement of the holder of an access licence to take a specified volume of water on a specified day, whether or not it is limited to specified rates or in specified circumstances.(2) The holders of 2 or more access licences may apply to the Minister for consent to the assignment of the rights to individual daily extraction components between one or more of the licences.(3) An application may be made to assign an individual daily extraction component for a specified day or a specified period, or in specified circumstances, or any or all of them, and may relate to the whole or part of an individual daily extraction component.(4) The Minister may consent to the assignment of rights between the access licences concerned by:(a) a reduction or removal of the whole or part of one or more individual daily extraction components of one or more of the licences, and(b) a corresponding increase in the individual daily extraction components of the others.(5) A reduction or increase may be specified by the Minister to have effect for a specified period, or in specified circumstances, or both.(6) The assignment of a right to an individual daily extraction component does not entitle the assignee to take water in excess of the volume the assignee is otherwise authorised to take.(7) A holder of an access licence may acquire a right to an individual daily extraction component whether or not the holder has any available water allocation credited to the holder’s water allocation account.(8) An access licence is not cancelled merely because, as a result of an assignment under this section, it has a zero extraction component for the time being.(9) This section is taken to authorise the amendment of a management plan to provide for access licence dealing rules relating to dealings under this section as if the amendment were authorised by the plan and section 45 (1) (b) applies accordingly.
[28] Section 71U Interstate transfer of access licences
Insert “and Part 5 of Chapter 3” after “section 63 (4), (5), (6) and (7)” in section 71U (4).
[29] Section 71Y General
Insert “71QA,” before “71T” in section 71Y (1).
[30] Section 71Y (2)
Insert “or 49B” after “section 49A”.
[31] Section 78A Notification of intention to suspend, cancel or require payment of penalty
Insert after section 78A (1):(1A) If the Minister fails to give notice to the holder of an access licence or a security holder before taking action under section 77A or 78, the Minister is taken to have complied with subsection (1) (a)–(c) in relation to that holder if the Minister took all reasonable steps to give notice under subsection (1) to the holder within the period of 28 days before taking the action.
[32] Section 84 Register of available water determinations
Omit “the form in which such a register is to be kept and” from section 84 (2).
[33] Section 85AA
Insert after section 85:85AA Daily extraction accounts(1) Individual daily extraction components imposed on an access licence are to be recorded in the water allocation account.(2) For each access licence, the Minister is to cause an account to be kept of:(a) any individual daily extraction component that is acquired under section 71QA, and(b) any individual daily extraction component that is assigned under section 71QA.(3) The regulations may make provision for or with respect to the particulars that are to be recorded in a water allocation account for the purposes of this section.
[34] Section 85A Authorisation to take water from uncontrolled flows
Omit section 85A (2). Insert instead:(2) The management plan may make provision for or with respect to the circumstances in which the holders of one or more of the following licences that relate to a water source to which this section applies are authorised to take water from the water source that has not been credited to the water allocation accounts of those licences:(a) regulated river (high security) access licences,(b) regulated river (general security) access licences,(c) floodplain harvesting access licences,(d) any other access licences prescribed by the regulations.(3) The management plan may make provision for or with respect to subsequent adjustments to the water allocation accounts for the licences.
[35] Section 87 Compensation payable in certain circumstances for reductions in water allocations arising during initial period for which management plan is in force
Insert after section 87 (9):(10) Despite subsection (9), if the first management plan that is established for a bulk access regime is repealed under section 45 (5A) and replaced, compensation under this section may be claimed in respect of a reduction in water allocations occurring during the period of the replacement plan that ends on the day on which the first management plan would have ended if it had not been repealed.
[36] Section 87AA Compensation payable in certain circumstances for reductions in water allocations arising during initial period for which management plan is in force
Insert “or during the period during which compensation is payable under section 87 (10)” after “in force” in section 87AA (3) (a).
[37] Section 87D
Insert after section 87C:87D Information about rights to take water from water sources(1) The Minister may authorise the publication of the following information about a water source on a publicly accessible website approved by the Minister:(a) whether or not water can be taken by access licence holders from a particular part of the water source on a particular day or at a particular time on a particular day in accordance with an applicable management plan, a particular condition of an access licence or any other specified requirement of or under this Act,(b) the amount of water that can be taken from a particular part of the water source on a particular day or at a particular time on a particular day, in accordance with an applicable management plan, a particular condition of an access licence or any other specified requirement of or under this Act,(c) information relating to water flows and levels of a particular part of a water source, including gauge readings and other measurements, on a particular day or at a particular time on a particular day.(2) For the purposes of this Act, a person is taken to be permitted to take water in accordance with a management plan or a condition of an access licence if the person:(a) is entitled to take water under that plan or licence, and(b) takes water in accordance with information published under this section.(3) This section does not:(a) permit a person to take water if to do so would contravene a condition of an access licence that is not the subject of information published under this section, or(b) prevent a person from taking water if the person is otherwise permitted to do so under an access licence or by or under this Act.
[38] Section 88A Application of Part
Insert after section 88A (2):(2A) To avoid doubt, the revocation of a management plan or amendment of a management plan so as to remove, or change the description of, a water source described in a proclamation made under this section does not affect the application of this Part to the water source as effected by a proclamation previously made under this Part.
[39] Section 91H Failure to install, use or maintain metering equipment
Insert “or use” after “install” wherever occurring in section 91H (1).
[40] Section 91H (1) (c)
Insert at the end of section 91H (1) (b):or(c) a regulation made under Part 6 of Chapter 3,
[41] Section 91H
Omit “water supply work or drainage work” wherever occurring.Insert instead “water management work”.
[42] Section 91H (3) and (4)
Insert after section 91H (2):(3) A person is guilty of an offence if the person fails to comply with any regulation setting out a standard or requirement for the installation or location of metering equipment, or setting out any other standard or requirement relating to metering equipment, used in connection with a water management work.Tier 2 penalty.(4) It is a defence to an offence under subsection (3) if the accused person establishes that the failure to comply with the regulation was caused by work done to the metering equipment by a duly qualified person.
[43] Section 91I Taking water when metering equipment not working
Omit section 91I (3). Insert instead:(3) Subsections (1) (b) and (2) do not apply if the person who takes the water complies with any requirements set out in the regulations for the purposes of this subsection.
[44] Section 91IA
Insert after section 91I:91IA Failure to report metering equipment not workingA person is guilty of an offence if:(a) the person is the holder of an approval for a work in connection with which any metering equipment has been installed, and(b) the person fails to give notice, in accordance with regulations made for the purposes of this section, that the metering equipment is not operating properly, or is not operating, within 24 hours of becoming aware of that fact.Tier 2 penalty.
[45] Sections 91J and 91K
Omit “water supply work or drainage work” wherever occurring.Insert instead “water management work”.
[46] Section 91J Metering records
Insert at the end of the section:(2) A person must not in or in connection with a metering record required to be kept under this Act, or a requirement of a regulation in connection with metering equipment, make a statement or furnish any information that the person knows to be false or misleading in a material particular.Tier 2 penalty.
[47] Section 91K Meter tampering
Omit section 91K (5).
[48] Section 100 Conditions of approvals generally
Omit “(mandatory conditions)” from section 100 (1) (a).
[49] Section 100 (1AA)
Insert after section 100 (1):(1AA) An approval is subject to any mandatory conditions imposed by this Act or the regulations.
[50] Section 100 (1A)
Insert “(other than conditions imposed by the regulations)” after “Mandatory conditions”.
[51] Section 100 (4)
Insert after section 100 (3):(4) In this section, mandatory condition means a condition referred to in subsection (1) (a) or (1AA) or imposed under section 101A.
[52] Section 101A
Insert after section 101:101A Metering equipment condition(1) It is a mandatory condition of a water supply work approval that metering equipment is installed, used and properly maintained in connection with the work.(2) The holder of a water supply work approval is taken to have complied with a particular aspect of the condition imposed by this section if the holder has complied with the applicable requirements (if any) prescribed by the regulations.(3) The regulations may provide that the condition does not apply to holders of approvals, or works, specified by the regulations, or in circumstances specified by the regulations.
[53] Section 102 Imposition or change of conditions after approval is granted
Insert “referred to in section 100 (1) (a)” after “of an approval” in section 102 (3).
[54] Section 109 Suspension and cancellation of approvals
Insert after section 109 (3):(4) If the Minister fails to give notice to the holder of an approval before taking action under this section, the Minister is taken to have complied with subsection (3) (a)–(c) in relation to that holder if the Minister took all reasonable steps to give notice under subsection (3) to the holder within the period of 28 days before taking the action.
[55] Section 113 Register of approvals
Omit “the form in which such a register is to be kept and” from section 113 (2).
[56] Chapter 3, Parts 5 and 6
Insert after Part 4 of Chapter 3:Part 5 Conditions imposed by regulations115 Regulations may impose mandatory conditions(1) The regulations may impose mandatory conditions on access licences and approvals relating to the following:(a) metering equipment or any other means of measuring water flows,(b) requiring notice to be given of a change to or the replacement of a water supply work, or any part of it, that results in an increase in the capacity of the work to take water,(c) reporting by holders of access licences or approvals as to water taken,(d) measures recommended by the Natural Resources Access Regulator to improve compliance with and enforcement of this Act.(2) A mandatory condition may be imposed on particular access licences or approvals or classes of access licences or approvals.(3) A mandatory condition may be imposed on all access licences or approvals for a specified water source or access licences or approvals within a specified part of the State.(4) A mandatory condition, other than a condition that is of a machinery nature or is minor in its effect, must not be prescribed unless the proposed condition has been publicly exhibited for not less than 28 days in accordance with any requirements of the regulations.115A Regulations relating to mandatory and other licence conditionsThe regulations may provide for the following:(a) notification to holders of approvals or access licences of mandatory conditions imposed under this Part,(b) the imposition of a mandatory condition under this Part on a licence or other entitlement in force under the Water Act 1912 and deeming any such condition to be imposed under that Act,(c) that a mandatory condition imposed under this Part has effect despite any other approval or licence or condition of an approval or licence under this Act or the Water Act 1912 or any other instrument made under this Act or that Act,(d) the amendment of management plans or licences or approvals to remove or vary conditions that are covered by, or are inconsistent with, mandatory conditions imposed by the regulations under this Part.Part 6 Regulations relating to water management works115B Metering equipment(1) This section applies to a water management work, whether or not an approval is required to install or use the work.(2) Regulations may be made for or with respect to metering equipment in connection with works to which this section applies.(3) In particular, and without limiting subsection (2), regulations may be made for or with respect to the following:(a) requiring persons who have control and management of works to install, use and maintain metering equipment,(b) setting out standards and other requirements for metering equipment to be used in connection with works,(c) setting out standards and other requirements for the location and installation of metering equipment,(d) the keeping of metering records relating to maintenance of metering equipment and taking of water during periods when metering equipment is not able to be used and relating to any other matters specified by the regulations,(e) the taking of water by means of a metered work while its metering equipment is not operating properly or is not operating,(f) requiring the owners of metering equipment, holders of approvals or other persons to provide information obtained from or about the equipment,(g) the provision of information derived from or about metering equipment to the holders of approvals for works in connection with which the equipment is installed.(4) The regulations are to provide for a review of the operation of regulations made under this section as soon as practicable after 5 years after the first regulations are made under this section.
[57] Section 218 Accounts
Omit “in an appropriate newspaper” from section 218 (2).Insert instead “, in a manner approved by the Minister,”.
[58] Section 283 Definitions
Omit “that is constructed or used” from the definition of sewage work.
[59] Chapter 7, Part 1, Division 2, heading
Insert “, metering and audits” after “water”.
[60] Section 324 Temporary water restrictions
Omit “such as to cope with a water shortage or threat to public health or safety” from section 324 (1).Insert instead “such as (but not limited to) to cope with a water shortage, threat to public health or safety or to manage water for environmental purposes”.
[61] Section 326 Directions relating to metering equipment
Insert “, use” after “replace” in section 326 (1).
[62] Section 326 (4)
Omit the subsection.
[63] Sections 326A and 326B
Insert after section 326:326A Compliance audits(1) The Minister may, by order in writing served on the holder of an access licence or an approval, direct the holder to undertake a compliance audit to the satisfaction of the Minister.(2) The direction may require the audit to be undertaken by either or both the holder or a compliance auditor and may require compliance audits to be undertaken at intervals specified by the direction.(3) A compliance audit is an evaluation of the activities of the holder in relation to the taking of water and other activities regulated under this Act to provide information to the holder and to the persons administering this Act on compliance with legal requirements under this Act relating to those activities.(4) The regulations may make provision for or with respect to the following matters:(a) the payment of the costs of compliance audits by holders,(b) requirements for the form and content of compliance audits,(c) certification of compliance audits,(d) persons who are qualified to undertake compliance audits.326B Use of information(1) Any information in an audit report or other document supplied to the Minister in connection with a compliance audit may be taken into consideration by the Minister and used for the purposes of this Act.(2) Without limiting the above, any such information is admissible in evidence in any prosecution of the holder of an access licence or approval for any offence (whether under this Act or otherwise).
[64] Chapter 7, Part 1, Division 8
Insert after Division 7 of Part 1 of Chapter 7:Division 8 Enforceable undertakings336E Enforcement of undertakings(1) The Minister may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the Minister, the Ministerial Corporation, the Natural Resources Access Regulator or any other public authority has a function under this Act.(2) The person may withdraw or vary the undertaking at any time, but only with the consent in writing of the Minister. The consent of the Minister is required even if the undertaking purports to authorise withdrawal or variation of the undertaking without that consent.(3) The Minister may apply to the Land and Environment Court for an order under subsection (4) if the Minister considers that the person who gave the undertaking has breached any of its terms.(4) The Land and Environment Court may make all or any of the following orders if it is satisfied that the person has breached a term of the undertaking:(a) an order directing the person to comply with that term of the undertaking,(b) an order directing the person to pay to the State an amount not exceeding the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach,(c) any order that the Court thinks appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach,(d) an order requiring the person to prevent, control, abate or mitigate any actual or likely damage to the built or natural environment caused by the breach,(e) an order requiring the person to make good any actual or likely damage to the built or natural environment caused by the breach,(f) any other order the Court considers appropriate.(5) The Ministerial Corporation, the Natural Resources Access Regulator or another public authority may recommend that the Minister accept an undertaking under this section that the Ministerial Corporation, the Natural Resources Access Regulator or public authority has negotiated with a person proposing to give the undertaking in connection with a function of the public authority under this Act.(6) Nothing in this section prevents proceedings being brought for the contravention or alleged contravention of this Act to which the undertaking relates.336F Notice of decision and reasons for decisionThe Minister must give the person seeking to make an undertaking written notice of the Minister’s decision to accept or reject the undertaking and of the reasons for the decision.
[65] Section 363B Penalties
Omit “20,000 penalty units” from section 363B (a) (i).Insert instead “45,500 penalty units”.
[66] Section 363B (b) (i)
Omit “10,000 penalty units”. Insert instead “18,200 penalty units”.
[67] Section 363B (b) (ii)
Omit “2,250 penalty units”. Insert instead “4,550 penalty units”.
[68] Section 364A Matters to be considered in imposing penalty
Insert “or an extreme event” after “severe water shortage” in section 364A (1) (g).
[69] Section 364A (1) (g)
Insert “, 49B” after “section 49A”.
[70] Section 365 Penalty notices
Omit “Ministerial Corporation” from section 365 (5). Insert instead “Minister”.
[71] Section 367 Evidentiary certificates
Insert at the end of section 367 (2) (v):or(w) information specified in the certificate was, or was not, published under section 87D on a website approved by the Minister, or(x) water flows or levels of a particular part of a specified water source, or gauge readings or other specified measurements in relation to a particular part of a specified water source, were as specified in information published under section 87D, or(y) water was or was not taken in accordance with information published under section 87D, or(z) a quantity of water taken was determined by the Minister in accordance with section 60G (3),
[72] Section 367B Rebuttable presumptions
Insert after section 367B (1) (e):(e1) the fact that water is being or has been taken from a water source by the holder of an access licence gives rise to a rebuttable presumption that the water was not taken pursuant to a basic landholder right, and
[73] Section 368 Appeals to Land and Environment Court
Insert after section 368 (1) (m):(m1) a decision under section 68A (1C),(m2) a decision to require a compliance audit or audits,
[74] Section 389 Delegation
Insert after section 389 (1):(1A) The Minister may delegate to any person any functions conferred or imposed on the Minister under any other Act, if those functions arise because of the Minister’s capacity as the Minister administering this Act or are related to that role.
[75] Section 389 (2)
Omit “subsection (1)”. Insert instead “subsections (1) and (1A)”.
[76] Section 389 (2)
Omit “any such function that has been delegated to the Secretary”.Insert instead “any function that has been delegated to the Secretary under this section”.
[77] Section 391B
Insert after section 391A:391B Administration and transparency of water information(1) Information that under this Act is required to be kept in a register is to be kept in one public register in the form and manner determined by the Minister.(2) Different parts of the register may be kept in different forms and manners determined by the Minister.(3) The register is to include information published under section 12A of the Natural Resources Access Regulator Act 2017.(4) Regulations may be made for or with respect to the following:(a) the disclosure of information held on a register established under this Act,(b) the keeping of registers of information authorised to be disclosed under this Act,(c) the disclosure of information about water allocation accounts of individuals or corporations who hold access licences or approvals under this Act,(d) the disclosure of information about the taking of water from particular water sources or from within a particular part of the State,(e) the fees payable for access to information held in the register.(5) Information may be disclosed in accordance with a regulation made under this section despite any prohibition in, or the need to comply with a requirement of, any Act or law (in particular, the Privacy and Personal Information Protection Act 1998 (other than Part 6 of that Act)).
[78] Section 394 Service of documents
Insert after section 394 (1) (b):(b1) by email to an email address specified by the person for the service of documents of that kind, or
[79] Section 394 (1) (c)
Omit “or (b)”. Insert instead “, (b) or (b1) (or that manner is unavailable)”.
[80] Section 395
Omit the section. Insert instead:395 Publication of notices, orders and proclamations in authorised manner(1) A requirement of this Act that a notice be published in the authorised manner is a requirement that the notice be published in a manner that the Minister is satisfied is likely to bring the notice to the attention of members of the public in the area that is affected by the notice or its subject matter.(2) In this section, notice includes an order or proclamation.
[81] Section 398 Exclusion of Crown liability
Insert at the end of section 398 (1) (b):or(c) from the release of water for environmental purposes,
[82] Section 398 (2A)
Insert after section 398 (2):(2A) The Crown is not subject to any action, liability (including liability for defamation), claim or demand arising as a consequence of anything done under or for the purposes of section 391B or a regulation made under that section.Note—The liability of other persons for any such thing is dealt with under section 397.
[83] Section 398 (3) (d)
Insert at the end of section 398 (3) (c):, or(d) a NSW government agency.
[84] Sections 399A and 399B
Insert after section 399:399A Transfer of ownership of metering equipment(1) The regulations may make provision for or with respect to the transfer of the ownership of metering equipment and associated property, rights, assets and liabilities from Water NSW or the Ministerial Corporation to holders of approvals or other persons.(2) Without limiting subsection (1), the regulations may make provision for or with respect to the following:(a) matters that are ancillary to any such scheme,(b) the removal of metering equipment where a transfer offer is not taken up.399B Consultation about environmental water releases(1) The regulations may make provision for or with respect to a scheme to facilitate consultation and negotiations with owners and occupiers of land, and other persons, who may be affected by proposed releases of water for environmental purposes.(2) Without limiting subsection (1), the regulations may make provision for or with respect to the following:(a) the circumstances in which the scheme will apply,(b) notification of proposed releases,(c) mediation of disputes, in cases where agreement is required to resolve legal or other issues relating to a proposed release.
[85] Sections 400A and 400B
Insert after section 400:400A Excluded matters(1) The regulations may declare a matter that is dealt with by this Act or the regulations to be an excluded matter for the purposes of section 250C of the Water Act 2007 of the Commonwealth in relation to:(a) the whole of the Commonwealth water legislation, or(b) a specified provision of that legislation, or(c) that legislation other than a specified provision, or(d) that legislation otherwise than to a specified extent.Note—Section 250C of the Water Act 2007 of the Commonwealth provides that if a State law declares a matter to be an excluded matter for the purposes of that section in relation to all or part of the Commonwealth water legislation, then the provisions that are the subject of the declaration will not apply in relation to that matter in the State concerned.(2) In this section:Commonwealth water legislation has the same meaning as it has in the Water Act 2007 of the Commonwealth.matter includes act, omission, body, person or thing.400B Displacement of Commonwealth water legislationThe regulations may declare any provision of this Act to be a Commonwealth water legislation displacement provision for the purposes of section 250D of the Water Act 2007 of the Commonwealth (either generally or specifically in relation to a provision of that Commonwealth Act).Note—Section 250D of the Water Act 2007 of the Commonwealth enables a State to displace the operation of provisions of that Act that are declared under a State law to be Commonwealth water legislation displacement provisions for the purposes of that section.
[86] Schedule 1B Provisions relating to exit from co-held access licence
Insert after clause 3 (2):(3) If an individual daily extraction component was imposed on the original licence, the water allocation accounts for the original access licence and the new access licence are to be adjusted to reflect the provisions made by this clause.
[87] Schedule 9 Savings, transitional and other provisions
Insert at the end of the Schedule with appropriate Part and clause numbering:Part Provisions consequent on enactment of Water Management Amendment Act 2018DefinitionIn this Part:amending Act means the Water Management Amendment Act 2018.Existing audits and audit panelsAn audit panel appointed under section 44 (2) before the substitution of that subsection by the amending Act may continue in office for the purpose of completing an audit commenced before that substitution.Existing registers(1) A register kept under this Act immediately before the commencement of section 391B, as inserted by the amending Act, is taken to be in a form and manner determined by the Minister under that section.(2) This clause does not prevent the Minister from making a further determination under that section about any such register.DefenceSection 91I (3), as inserted by the amending Act, does not apply to proceedings for offences commenced before the commencement of that subsection.
[88] Schedule 12, heading
Insert “or orders” after “management plans”.
[89] Schedule 12, Parts 4–7
Insert after Part 3 of Schedule 12:Part 4 Amendment of Water Sharing Plan for the Barwon-Darling Unregulated and Alluvial Water Sources 20129 Clause 42 Individual access licence account management rules for the Barwon-Darling Unregulated River Water SourceInsert “, and assigned under section 71T of the Act from,” after “taken under” wherever occurring in clause 42 (2), (3) and (4).10 Clause 42 (2) (b), (3) (b) and (4) (d)Omit “or from” wherever occurring.11 Clause 51 Total daily extraction limitsOmit the note to the clause. Insert instead:Note—Options for imposing TDELs are proposed to be reviewed on or before 1 July 2019.12 Clause 52Omit the clause. Insert instead:52 Individual daily extraction limitsAt the commencement of this Plan, there were no individual daily extraction limits (referred to in this Plan as IDELs) established for access licences in these water sources.Note 1—Individual daily extraction limit is defined in the Dictionary.Note 2—IDELS are to be reviewed on or before 1 July 2019.13 Clause 62 GeneralOmit notes 3 and 4 to the clause.14 Clause 78 Part 8Insert after clause 78 (g):(g1) include rules for the establishment, amendment, assignment and removal of IDELs,15 Clause 80 Part 10Insert “, 71QA” after “71Q” in clause 80 (b).16 Clause 80, noteOmit the note.Part 5 Amendments relating to upper limit locationsDivision 1 Amendments to regulated river orders17 Regulated river orders to be amendedThis Division amends the following regulated river orders:(a) Central West Water Management Area Regulated River Order (Government Gazette No 110 of 1 July 2004),(b) Gwydir Water Management Area Regulated River Order (Government Gazette No 110 of 1 July 2004),(c) Hunter Water Management Area Regulated River Order No. 2 (Government Gazette No 82B of 26 June 2007),(d) Murrumbidgee Water Management Area Regulated River Order (Government Gazette No 110 of 1 July 2004),(e) Murray Water Management Area Regulated River Order (Lower Darling) (Government Gazette No 110 of 1 July 2004),(f) NSW Border Rivers Regulated River Water Source Order (Government Gazette No 79 of 29 May 2009),(g) Namoi Water Management Area Regulated River Order (Government Gazette No 110 of 1 July 2004),(h) Regulated River Order for the Belubula Regulated River 2012 (Government Gazette No 92 of 14 September 2012),(i) Regulated River Order for the Lachlan Regulated River 2012 (Government Gazette No 92 of 14 September 2012),(j) Regulated River Order for the NSW Hunter Water Management Area Regulated Rivers 2016 (Government Gazette No 56 of 1 July 2016),(k) Regulated River Order for the NSW Murray Regulated Rivers 2012 (Government Gazette No 19 of 15 February 2012),(l) Richmond Regulated River Order 2010 (Government Gazette No 135 of 17 December 2010).18 Central West Water Management Area Regulated River Order(1) Order Omit “downstream of the upper limit of Windamere Dam water storage or the upper limit of Burrendong Dam water storage and”.(2) Schedule Omit “Cudgegong River from the upper limit of Windamere Dam water storage downstream to its confluence with the upper limit of Burrendong Dam water storage.”.Insert instead:Cudgegong River from Windamere Dam wall, being the point at latitude -32.727325 and longitude 149.771999 in decimal degrees GDA94, downstream to Burrendong Dam water storage.Windamere Dam water storage (including all the water downstream of the following coordinates, in decimal degrees GDA94, to Windamere Dam wall):
[90] Dictionary
Omit the definition of appropriate newspaper. Insert in alphabetical order:—see section 395.
[91] Dictionary
Insert after paragraph (b) of the definition of assignment dealing:(c) an assignment of the whole or part of one or more individual daily extraction components as referred to in section 71QA.
[92] Dictionary
Insert in alphabetical order:Basin management area means a water management area that is part of a water resource plan area under the Water Act 2007 of the Commonwealth.Basin management plan means a management plan that applies to a Basin management area or to part of the Basin water resources.duly qualified person means a person who has the qualifications, skills and experience to carry out work in connection with metering equipment that are prescribed by the regulations.extreme event means any of the following events:(a) an extreme dry period,(b) a water quality event of an intensity, magnitude and duration that is sufficient to render water acutely toxic or unusable for established local uses and values,(c) any other type of event that has resulted in the suspension of a water management plan under this Act or in the last 50 years of a plan that deals with water allocation and is made under any other Act.individual daily extraction component—see section 71QA (1).
[93] Dictionary, definition of “drainage work”
Omit “that is constructed or used”.
[94] Dictionary, definition of “Ministerial action”
Insert after paragraph (d):(d1) the amendment of the share component of a specific purpose access licence, the grant of an access licence or the withdrawal of the nomination of a work under section 68A,
[95] Dictionary, definition of ‘”water bore”
Omit “that is used”.
[96] Dictionary, definition of “water supply work”
Omit “that is constructed or used” wherever occurring.
Schedule 2 Amendment of other Acts
Section 20 Class 4—environmental planning and protection, development contract and strata renewal plan civil enforcement
Omit “and 336” from section 20 (1) (df1). Insert instead “, 336 and 336E”.
Section 733—Exemption from liability flood liable land, land subject to risk of bushfire and land in coastal zone
Insert “or the exercise of its functions in any part of the State in connection with the granting of flood work approvals under the Water Management Act 2000” after “Water NSW Act 2014)” in section 733 (7) (e).
[1] Section 12A
Insert after section 12:12A Register of information about water enforcement action(1) The Regulator may keep, and may make publicly available, a register of information about enforcement actions taken by or on behalf of the Regulator under the Water Management Act 2000.(2) The register may include the following information:(a) the identities of persons on whom penalties have been imposed under sections 60G, 78 and 109 of the Water Management Act 2000 and the penalties imposed,(b) the identity of any person to whom a penalty notice has been issued in respect of an offence under that Act and particulars of the offence,(c) particulars of any direction issued by the Regulator under Part 1 of Chapter 7 of that Act and the identities of any persons to whom the direction is given,(d) particulars of any decision to suspend or cancel an access licence under section 78 of that Act or to suspend or cancel an approval under section 109 of that Act,(e) any other information prescribed by the regulations for the purposes of this section.(3) Regulations may be made for or with respect to the register kept under this section.(4) Information may be disclosed in accordance with a regulation made under this section despite any prohibition in, or the need to comply with a requirement of, any Act or law (in particular, the Privacy and Personal Information Protection Act 1998 (other than Part 6 of that Act)).(5) No liability (including liability for defamation) is incurred by a person or the Crown for publishing in good faith information in a register under this section.
[2] Section 16 Exchange of information and records between relevant agencies
Insert after paragraph (c) of the definition of relevant agency in section 16 (1):(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.
[3] Section 16 (2)
Insert “or the administration or enforcement of the Water Act 2007 of the Commonwealth” after “natural resources management legislation”.
[1] Section 118A Drillers to be licensed
Omit the section.
[2] Section 129 Regulations
Omit section 129 (1) (g).
[3] Section 129A Application of Part
Omit “(section 118A excepted)”.
Schedule 2 Other amendments to Water Management Act 2000 No 92
Omit Schedule 2 [36].