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Contents (2000 - 92)
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Water Management Act 2000 No 92
Current version for 1 July 2019 to date (accessed 20 September 2019 at 10:36)
Chapter 9
Chapter 9 Miscellaneous
392   State’s water rights
(1)  For the purposes of this Act, the rights to the control, use and flow of:
(a)  all water in rivers, lakes and aquifers, and
(b)  all water conserved by any works that are under the control or management of the Minister, and
(c)  all water occurring on or below the surface of the ground (including overland flow water flowing over or lying there for the time being) other than water referred to in subsection (1A),
are the State’s water rights.
(1A)  Subsection (1) (c) does not include any of the following:
(a)  water that is collected from a roof (including water collected from a roof using a rainwater tank),
(b)  water occurring on or below the surface of the ground in such other circumstances as may be prescribed by the regulations.
(2)  The State’s water rights are vested in the Crown, except to the extent to which they are divested from the Crown by or under this or any other Act.
(3)  The State’s water rights prevail over any authority conferred by or under any other Act or law, except to the extent to which this or any other Act expressly so provides.
(4)  The State’s water rights are not to be exercised in contravention of:
(a)  the powers conferred by section 15 of the Fire and Rescue NSW Act 1989 and section 26 of the Rural Fires Act 1997 on an officer in charge at a fire or hazardous material incident, or
(b)  the rights and obligations of the Snowy Hydro Company under a Snowy water licence within the meaning of the Snowy Hydro Corporatisation Act 1997, or
(c)  the rights conferred by the Local Land Services Act 2013 with respect to the watering of stock at stock watering places within the meaning of that Act.
393   Abolition of common law riparian rights
Any right that the owner of riparian land would, but for this section, have at common law with respect to the flow of any river, estuary or lake through or past the land, or to the taking or using of water from any such river, estuary or lake, is hereby abolished.
394   Service of documents
(1)  A document may be served on a person:
(a)  personally, or
(b)  by leaving it at, or by sending it by post to, the person’s residential address or, in the case of a corporation, the address of the corporation’s registered office, or
(b1)  by email to an email address specified by the person for the service of documents of that kind, or
(c)  if it is impracticable for the document to be served on a landholder of land in the manner referred to in paragraph (a), (b) or (b1) (or that manner is unavailable), by affixing the document in a conspicuous position on the land, or
(d)  in any manner provided for by the regulations.
(2)  In the case of land that is owned or occupied by more than one person or of an approval that is held by more than one person, service of a document on any one of them, or on any person duly appointed by them for the purpose of accepting service of documents, is taken to be service on all of them.
(3)  This section does not limit any other manner in which a document may be served.
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.
395A   Continuing effect of directions and conditions
(1)  A direction given, or a condition of a licence or approval imposed, under this Act or the regulations that specifies a time by which, or period within which, the direction or condition must be complied with continues to have effect until the direction or condition is complied with even though the time has passed or the period has expired.
(2)  A direction that does not specify a time by which, or period within which, the direction must be complied with continues to have effect until the direction is complied with.
(3)  This section does not apply to the extent that any requirement under a direction or a condition of a licence or approval is revoked.
(4)  Nothing in this section affects the powers of the Minister with respect to the enforcement of a direction or a condition of a licence or approval.
396   Act binds Crown
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its capacities.
397   Exclusion of personal liability
(1)  An act or omission of:
(a)  the Minister or the Secretary, or
(b)  a prescribed authority, or a member of a prescribed authority, or
(c)  a member of staff of the Department or of a prescribed authority, or
(d)  a person acting under the direction of a person referred to in paragraph (a), (b) or (c),
does not subject the Minister, Secretary, member of staff or person so acting personally to any action, liability, claim or demand if the act or omission was done, or omitted to be done, in good faith for the purpose of executing this Act.
(2)  In this section, prescribed authority means:
(a)  the Ministerial Corporation, or
(b)    (Repealed)
(c)  the Water Investment Trust, or the Board of Trustees of the Water Investment Trust, or
(d)  a management committee, or
(e)  a water supply authority, or
(f)  a private irrigation board, or
(g)  a private drainage board, or
(h)  a private water trust, or
(i)  an irrigation corporation.
398   Exclusion of Crown liability
(1)  Neither the Crown nor any other person is subject to any action, liability, claim or demand arising:
(a)  from the unavailability of water, or
(b)  from any failure in the quantity or quality of water,
as a consequence of anything done or omitted to be done in good faith by the Minister, by a prescribed authority or by any person acting on behalf of the Minister or a prescribed authority, in the exercise of any functions under this Act or the Water NSW Act 2014.
(2)  Neither the Crown nor any other person is subject to any action, liability, claim or demand arising as a consequence of:
(a)  the use in good faith of any water management work, or
(b)  the release in good faith of water from any water management work,
by the Minister, by a prescribed authority or by any person acting on behalf of the Minister or a prescribed authority, in the exercise of any functions under this Act or the Water NSW Act 2014.
(3)  In this section, prescribed authority means:
(a)  the Ministerial Corporation, or
(b)  a water supply authority, or
(c)  Water NSW.
399   Annual report of Department
The annual report prepared for the Department under the Annual Reports (Departments) Act 1985 is to include a report on the Minister’s work and activities under this Act for the period to which that report relates, and may also include the annual report prepared for the Ministerial Corporation under the Annual Reports (Statutory Bodies) Act 1984.
400   Regulations
(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to:
(a)  the forms to be used in connection with the administration of this Act, and
(b)  the fees and charges to be imposed in connection with the administration of this Act, and the circumstances under which fees and charges may be waived, reduced and remitted, and
(c)  the requirement for security deposits, the circumstances in which security deposits are to be forfeited and the application of money arising from the forfeiture of security deposits, and
(d)  the regulation and control of bore drilling and the licensing of bore drillers, and
(e)  the information to be provided to the Minister by the holder of any approval under this Act, including the circumstances in which any such information must be verified by statutory declaration.
(2)  A regulation may make provision for or with respect to the exemption of any person, matter or thing from the operation of this Act or any specified provision of this Act, either unconditionally or subject to conditions.
(3)  A regulation may create an offence punishable by a penalty not exceeding 20 penalty units.
(4)  A regulation may apply, adopt or incorporate any publication as in force from time to time.
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 legislation
The 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.
401   Repeals
The Acts listed in Schedule 7 are repealed.
402   Amendment of other Acts
Each Act listed in Schedule 8 is amended as set out in that Schedule.
403   Savings, transitional and other provisions
Schedules 9, 10 and 11 have effect.
404   Review of Act
(1)  The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2)  The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.