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Contents (2018 - 480)
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Water Management (General) Regulation 2018
Current version for 7 February 2020 to date (accessed 5 April 2020 at 18:00)
Part 9 Division 6
Division 6 Special areas of operation of Essential Energy
Subdivision 1 Preliminary
168   Definitions
In this Division—
public land means—
(a)  land owned or vested in Essential Energy, or
(b)  Crown land within the meaning of the Crown Land Management Act 2016.
restricted portion, in relation to the Stephens Creek and Umberumberka Creek Special Areas, means—
(a)  Stephens Creek Reservoir, and the area of land surrounding the reservoir, as shown by hatched edging on the map approved by the Minister before the commencement of this Regulation and published on the Department’s website, and
(b)  Imperial Lake, and the area of land surrounding the lake, as shown by hatched edging on the map approved by the Minister before the commencement of this Regulation and published on the Department’s website, and
(c)  Umberumberka Reservoir, and the area of land surrounding the reservoir, as shown by hatched edging on the map approved by the Minister before the commencement of this Regulation and published on the Department’s website.
rural portion, in relation to the Stephens Creek, Umberumberka Creek and Yancowinna Creek Special Areas, means such part of those areas as is situated outside the City of Broken Hill, and includes such part of the City of Broken Hill as comprises Willyama Common.
special area means any of the following areas—
(a)  Stephens Creek Special Area,
(b)  Umberumberka Creek Special Area,
(c)  Yancowinna Creek Special Area.
Stephens Creek Special Area means that part of the area described in a proclamation under the former Broken Hill Water and Sewerage Act 1938 published in Gazette No 8 of 19 January 1940 at page 181 as shown on the map approved by the Minister before the commencement of this Regulation, and published on the Department’s website, for the purposes of this definition.
Umberumberka Creek Special Area means that part of the area described in a proclamation under the former Broken Hill Water and Sewerage Act 1938 published in Gazette No 8 of 19 January 1940 at page 181 as shown on the map approved by the Minister before the commencement of this Regulation, and published on the Department’s website, for the purposes of this definition.
Yancowinna Creek Special Area means that part of the area described in a proclamation under the former Broken Hill Water and Sewerage Act 1938 published in Gazette No 8 of 19 January 1940 at page 181 as shown on the map approved by the Minister before the commencement of this Regulation, and published on the Department’s website, for the purposes of this definition.
Subdivision 2 Special areas generally
169   Livestock farming
(1)  A person must not—
(a)  erect, maintain or use any building or structure in connection with the raising of cattle, sheep, pigs or poultry, or
(b)  engage in any intensive agricultural activity (such as an animal feedlot),
on land in a special area.
Maximum penalty—20 penalty units.
(2)  This clause does not apply to anything that is done in accordance with—
(a)  the consent of Essential Energy, or
(b)  a development consent in force under the Environmental Planning and Assessment Act 1979.
170   Sewage disposal
A person must not install, maintain or use any sewage collection, treatment or disposal system on land in a special area without the consent of Essential Energy.
Maximum penalty—20 penalty units.
171   Notification of waterborne infectious diseases
An owner or occupier of land in a special area who becomes aware that any person, animal or property in a special area is carrying, infected with or affected by any waterborne infectious disease must notify Essential Energy of that fact within 24 hours after first becoming so aware.
Maximum penalty—20 penalty units.
172   Slaughtering
(1)  A person must not slaughter a beast in any manner or under any circumstances or conditions so as to pollute, or cause a reasonable risk of polluting, the water supply in a special area.
(2)  A person who slaughters a beast in a special area must immediately—
(a)  collect all blood, offal and refuse products, and
(b)  deposit all blood, offal and refuse products in a receptacle made of metal or some other non-absorbent material, and
(c)  remove all blood, offal and refuse products from the special area and dispose of them in a manner that avoids pollution of the water supply in that area.
(3)  A person who slaughters a beast in a special area must, as soon as practicable after doing so, thoroughly wash and clean the premises where the slaughter took place.
Maximum penalty—20 penalty units.
173   Stock control
The owner or person in charge of any stock must ensure that the stock does not enter any public land in a special area.
Maximum penalty—20 penalty units.
Subdivision 3 Rural portions of special areas
174   Application of Subdivision
This Subdivision applies to the rural portion of the Stephens Creek, Umberumberka Creek and Yancowinna Creek Special Areas.
175   Destruction or removal of timber
(1)  A person must not, without the consent of Essential Energy, destroy, cut, damage or remove any tree or shrub in the rural portion of a special area.
Maximum penalty—20 penalty units.
(2)  This clause does not apply to land that is privately owned, nor does it affect the rights conferred on the holder of a licence granted under the Forestry Act 2012.
176   Waste and pollutants
(1)  A person must not bring into the rural portion of a special area, or use or leave in the rural portion of a special area, any waste or pollutant.
Maximum penalty—20 penalty units.
(2)  In this clause—
pollutant means anything that causes pollution within the meaning of the Protection of the Environment Operations Act 1997.
waste has the same meaning as it has in the Protection of the Environment Operations Act 1997.
177   Erection and alteration of buildings and structures
A person must not—
(a)  erect any building or structure, or
(b)  carry out any work, or
(c)  alter or extend any existing building, structure or work,
in the rural portion of a special area without the consent of Essential Energy.
Maximum penalty—20 penalty units.
178   Pesticides and pest control
(1)  A person must not—
(a)  bring into, or use or keep in, the rural portion of a special area any pesticide, herbicide or other toxic material, or
(b)  take steps to control or eradicate by the use of pesticides, herbicides or other toxic materials any feral animal, animal pest or weed in the rural portion of a special area, without the consent of Essential Energy.
Maximum penalty—20 penalty units.
(2)  In this clause—
herbicide means any substance that is capable of destroying plants or preventing the spread of plants.
pesticide has the same meaning as it has in the Pesticides Act 1999.
Subdivision 4 Restricted portions of special areas
179   Application of Subdivision
This Subdivision applies to the restricted portion of the Stephens Creek and Umberumberka Creek Special Areas.
180   Entry
A person must not enter or remain in the restricted portion of a special area without the consent of Essential Energy.
Maximum penalty—10 penalty units.
181   Fishing
A person must not fish in any waters in the restricted portion of a special area without the consent of Essential Energy.
Maximum penalty—10 penalty units.
182   Fees and charges
(1)  Essential Energy may from time to time determine the fees and charges payable in respect of the entry of persons and vehicles into the restricted portion of a special area, either for tours or for recreational purposes.
(2)  An authorised officer may refuse to allow a person to enter the restricted portion of a special area if the person fails to pay any such fee or charge.
183   Prohibited conduct
A person must not—
(a)  destroy, capture, injure or annoy an animal in the restricted portion of a special area, or
(b)  interfere with an animal, or interfere with the habitat of an animal, in the restricted portion of a special area, or
(c)  bury a human or animal body in the restricted portion of a special area, or
(d)  swim or wash in any waters in the restricted portion of a special area, or
(e)  cause any animal, animal matter, plant or plant matter to enter or remain in any waters in the restricted portion of a special area, or
(f)  drive, row, sail or paddle any boat or other waterborne craft on any waters in the restricted portion of a special area, or
(g)  remove or damage a plant, shrub or tree growing in the restricted portion of a special area, or
(h)  drive or ride a vehicle or ride or lead an animal into or on the restricted portion of a special area, or
(i)  bring into or have in the person’s possession in the restricted portion of a special area a firearm, imitation firearm or prohibited weapon (within the meaning of the Firearms Act 1996 or the Weapons Prohibition Act 1998) unless the person is a police officer on duty, or
(j)  land an aircraft (including an ultra-light aircraft, hang-glider or balloon) on the restricted portion of a special area, or
(k)  sell or offer for sale any goods on or by any public road in the restricted portion of a special area,
without the consent of Essential Energy.
Maximum penalty—10 penalty units.
184   Gates not to be opened
A person must not—
(a)  remove anything that bars entry to public land in the restricted portion of a special area, or
(b)  open any gate to any public land in the restricted portion of a special area,
without the consent of Essential Energy.
Maximum penalty—10 penalty units.
185   Camping and picnicking
(1)  Essential Energy may reserve any portion of public land in the restricted portion of a special area for camping or picnicking by means of signs displayed on or adjacent to the portion.
(2)  Essential Energy may impose conditions, including conditions requiring the payment of fees, subject to which a reserved portion of land may be used for camping or picnicking.
(3)  A person must not camp or picnic on public land in the restricted portion of a special area otherwise than—
(a)  in a place reserved for that purpose, and
(b)  in accordance with any conditions subject to which that place may be so used.
Maximum penalty—10 penalty units.
(4)  In this clause, camp means reside temporarily, whether or not in a tent, caravan, cabin or other structure.
186   Fires
A person must not—
(a)  light a fire in the restricted portion of a special area otherwise than in a fireplace approved by Essential Energy, or
(b)  do anything in the restricted portion of a special area that may cause fire to spread beyond such a fireplace.
Maximum penalty—10 penalty units.
Subdivision 5 Miscellaneous
187   Consents may be conditional, and may be varied and revoked
A consent given by Essential Energy for the purposes of this Division is to be in writing, may be given unconditionally or subject to conditions and may be varied or revoked by it (by written notice served on the holder of the consent) at any time and for any reason.
188   Investigation of suspected contraventions
(1)  An authorised officer who has reason to believe that a person in a special area has in his or her possession or control anything that, in the officer’s opinion, has been, is being or is about to be used in connection with a contravention of this Division may request the person to do either or both of the following—
(a)  to surrender any such thing to the authorised officer,
(b)  to make available for inspection by the authorised officer any vehicle or receptacle in which the officer suspects any such thing to be concealed.
(2)  If a person fails to comply with the request, the authorised officer may direct the person to leave the special area.
(3)  A person to whom such a direction is given must immediately comply with the direction.
Maximum penalty—20 penalty units.
189   Notice by public agencies
For the purposes of section 304(1) of the Act, the notice to be given to Essential Energy of the proposed exercise of a function by a public agency in relation to land in a special area—
(a)  must be in writing, and
(b)  must be sent by post to or lodged at any of its offices, and
(c)  must contain a full description of the proposed function, including any associated activities, and a statement of the objectives of the proposed function, and
(d)  must be given at least 28 days before the function is proposed to be exercised.