{"id":"water-act-1992","name":"Water Act 1992","slug":"water-act-1992","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30642,"registerId":"nt-water-act-1992-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"109","sectionType":"section","heading":"Transitional matters for Statute Law Revision Act (No. 2)","content":"109 Transitional matters for Statute Law Revision Act (No. 2)\n1993, Water Amendment Act 2003 and Mineral Titles\n(Consequential Amendments) Act 2010 ........................................ 97\nPart 13 Transitional matters for Water Amendment\nAct 2007\n110 Existing water extraction licence application.................................. 99\nPart 14 Transitional matters for Water Amendment\nAct 2010\n111 Validation for actions before Water Amendment Act 2010 .......... 100\nPart 15 Transitional matters for Water Legislation\nAmendment Act 2018\n112 Definitions .................................................................................... 100\n113 Application to mining and petroleum activity ................................ 101\n114 Licences, permits and other authorisations ................................. 101\n115 Offence provisions – before and after commencement ............... 102\n116 Saving of exemption and declaration........................................... 102\nPart 16 Transitional matters for Water Amendment\nAct 2019\n117 Application of section 60A ........................................................... 102\n\nWater Act 1992 viii\nPart 17 Transitional matters for Water Legislation\nMiscellaneous Amendments Act 2019\n118 Application of sections 71A and 71B ........................................... 103\nPart 18 Transitional matters for Water Further\nAmendment Act 2019\n119 Saving of beneficial uses declarations......................................... 103\n120 Aboriginal water reserve not to apply to allocations made\nbefore commencement ................................................................ 103\nPart 19 Transitional matters for Environment\nProtection Legislation Amendment\nAct 2023\n121 Application of Act to mining activities........................................... 103\nPart 20 Transitional matters for Parks and Water\nLegislation Amendment Act 2024\n122 Definitions .................................................................................... 104\n123 Directions to statutory authorities ................................................ 104\n124 Controller of Water Resources .................................................... 104\n125 Authorised officers ....................................................................... 104\n126 Water investigation permits ......................................................... 104\n127 Approvals to use Territory bores.................................................. 104\n128 Notices issued under section 88 .................................................. 105\n129 Emergency actions taken to control pollution .............................. 105\n130 NTCAT review for decisions made after commencement ............ 105\n131 Review of decisions made before commencement ..................... 105\n132 Pending review before Minister ................................................... 106\nPart 21 Transitional matters for Petroleum,\nPlanning and Water Legislation\nAmendment Act 2025\n133 Decisions made before commencement ..................................... 107\n\n____________________\nAs in force at 13 September 2025\n____________________\nWATER ACT 1992\nAn Act to provide for the investigation, allocation, use, control,\nprotection, management and administration of water resources, and for\nrelated purposes\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Water Act 1992.\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThe various provisions of this Act shall come into operation on such\ndates as are respectively fixed by the Administrator by notice in the\nGazette in relation to those provisions.\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Repeal","content":"3 Repeal\n(1) The Acts of the State of South Australia specified in Part A of\nSchedule 1, in their application to the Territory as laws of the\nTerritory, are repealed.\n(2) The Act and Ordinances specified in Part B of Schedule 1 are\nrepealed.\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"4 Interpretation\n(1) In this Act:\nAboriginal economic development means economic\ndevelopment by or for the benefit of eligible Aboriginal people.\nAboriginal water reserve means a reserve of water allocated in a\nwater allocation plan for Aboriginal economic development in\nrespect of eligible land designated under section 22C.\naction notice, see section 88A(1).\n\nWater Act 1992 2\nadministrative amendment means an amendment:\n(a) correcting a clerical error; or\n(b) correcting an error arising from an omission, a material\nmistake in a calculation or in the description of any person,\nthing or matter; or\n(c) removing duplicate or conflicting material; or\n(d) clarifying any matter.\nAdvisory Committee means a Water Advisory Committee\nestablished under section 23.\naquifer means a geological structure or formation, or an artificial\nland-fill, permeated or capable of being permeated permanently or\nintermittently with water.\nauthorised officer means a person appointed as an authorised\nofficer under section 24.\nbed and banks, in relation to a waterway, means the land over\nwhich normally flows, or which is normally covered by, the water of\nthe waterway, whether permanently or intermittently, but does not\ninclude land from time to time temporarily covered by the flood\nwaters of the waterway and abutting on or adjacent to its bed and\nbanks, the bed being the relatively flat portion and the banks being\nthe relatively steep portions of the land comprising the bed and\nbanks.\nbeneficial uses means the uses of water specified in\nsubsection (3).\nbore means a natural or constructed hole in the ground that is\nused, or could reasonably be used, for any of the following\npurposes:\n(a) taking groundwater;\n(b) investigating the behaviour, occurrence and availability of\ngroundwater;\n(c) monitoring the condition of groundwater;\n(d) injecting water to recharge an aquifer;\n(e) disposing waste directly or indirectly into groundwater.\n\nWater Act 1992 3\nbore work means any of the following:\n(a) drilling, decommissioning, constructing, altering, deepening,\nplugging, backfilling or sealing off a bore;\n(b) removing, replacing, altering, slotting or repairing the casing,\nlining or screen of a bore.\nconsent means a consent granted and in force under this Act.\nController means the Controller of Water Resources appointed\nunder section 18.\ndeveloper, for Part 6B, see section 71F(1).\ndevelopment, for Part 6B, see section 71F(1)(a).\ndrilling licence means a drilling licence granted under section 49.\neligible Aboriginal people are Aboriginal people who have a legal\nentitlement to access water resources because of their ownership\nof or interest in eligible land.\neligible land, see section 4B.\nenvironment means all aspects of the surroundings of humans,\nincluding the physical, biological, economic, cultural and social\naspects.\nenvironmental harm means any harm to or adverse effect on, or\npotential harm to or adverse effect on, the environment.\nflow, in relation to water, includes the discharge, release, escape or\npassage of water.\ngroundwater means water occurring or obtained from below the\nsurface of the ground (other than water contained in works, not\nbeing a bore, for the distribution, reticulation, transportation, storage\nor treatment of water or waste) and includes water occurring in or\nobtained from a bore or aquifer.\nhydraulic fracturing means the underground petroleum extraction\nprocess involving the injection of fluids at high pressure into a\ngeological formation to induce fractures that conduct petroleum for\nextraction.\nhydraulic fracturing waste, see section 4A.\ninterfere with a waterway means any of the following:\n(a) cause a material change to the shape of a waterway;\n\nWater Act 1992 4\n(b) cause a material change to the volume, speed or direction of\nthe flow or likely flow of water in or into a waterway;\n(c) cause an alteration to the stability of the bed or banks of a\nwaterway, including by the removal of vegetation.\nland includes a building or structure on land.\nlicence means a licence granted and in force under this Act.\nmaterial environmental harm means environmental harm that:\n(a) is not trivial or negligible in nature; or\n(b) results or is likely to result in not more than $50,000 being\nspent in taking appropriate action to prevent or minimise the\nharm or rehabilitate the environment; or\n(c) results in actual or potential loss or damage to the value of not\nmore than $50,000.\nmining activity, see section 13A of the Environment Protection\nAct 2019.\nmining site, see section 4 of the Environment Protection Act 2019.\noccupier, in relation to land, means:\n(a) a person occupying the land (under whatever title or\npermission, or without title or permission); or\n(b) a person entitled to occupy the land, whether or not the\nperson is actually occupying the land.\nowner means:\n(a) in relation to land alienated from the Crown by grant or by an\nAct – the owner of an estate in fee simple in the land; and\n(b) in relation to land held under a lease granted by the Crown –\nthe lessee; and\n(c) in relation to land of the Crown subject to an agreement for\nsale or right of purchase – the person entitled to the benefit of\nthe agreement or right of purchase; and\n(d) in relation to unalienated Crown land, not being land referred\nto in paragraph (c) – the Territory.\npermit means a permit granted and in force under this Act.\n\nWater Act 1992 5\npetroleum activity means exploration, extraction or processing of\npetroleum under an Act or an Act of the Commonwealth, including\nanother activity for a purpose ancillary to one of those activities.\npetroleum site means:\n(a) an access authority area, licence area or permit area, each as\ndefined in the Petroleum Act 1984, on which petroleum activity\noccurs; or\n(b) an area of land on which exploration for petroleum occurs, or\npetroleum is extracted or processed, under an Act of the\nCommonwealth.\npollute, in relation to water, means directly or indirectly to alter the\nphysical, thermal, chemical, biological or radioactive properties of\nthe water so as to render it less fit for a prescribed beneficial use for\nwhich it is or may reasonably be used, or to cause a condition\nwhich is hazardous or potentially hazardous to:\n(a) public health, safety or welfare; or\n(b) animals, birds, fish or aquatic life or other organisms; or\n(c) plants.\nprescribed in relation to a form, includes approved by the Minister\nor the Controller under the Regulations.\npublic authority includes:\n(a) a statutory corporation; and\n(b) a council constituted under the Local Government Act 2019.\nremediation notice, see section 33A(2).\nresidential premises means any premises, or part of premises,\nthat are occupied as a place of residence.\nRestricted Water Extraction Area means an area of land declared\nunder section 14A(1).\nre-use, in relation to water, includes to use waste water or effluent,\nwhether or not it has been treated.\n\nWater Act 1992 6\nserious environmental harm means environmental harm that is\nmore serious than material environmental harm and includes\nenvironmental harm that:\n(a) results or is likely to result in more than $50,000 being spent in\ntaking appropriate action to prevent or minimise the harm or\nrehabilitate the environment; or\n(b) results in actual or potential loss or damage to the value of\nmore than $50,000; or\n(c) damages an aspect of the environment that is of a high\nconservation value or of special significance; or\n(d) is irreversible or otherwise of a high impact or on a wide scale.\ntake, in relation to water, includes to withdraw, pump, extract, use\nor re-use, and to divert for the purposes of using or re-using, that\nwater and, where it is artesian water occurring in a bore, to allow\nthe artesian water to flow from the bore.\ntidal water means:\n(a) water within the geographical area constituting the Territory\nthat is directly affected by the tide; and\n(b) water within the geographical area constituting the Territory\nseaward of water referred to in paragraph (a) that is not\ncoastal waters of the Territory within the meaning of the\nCoastal Waters (Northern Territory Powers) Act 1980 of the\nCommonwealth; and\n(c) coastal waters of the Territory within the meaning of the\nCoastal Waters (Northern Territory Powers) Act 1980 of the\nCommonwealth, declared under section 5(6) to be tidal\nwaters.\nwaste includes matter or a thing, whether wholly or partly in a solid,\nliquid or gaseous state, which, if added to water, may pollute the\nwater.\nwaste discharge licence, see section 74(1).\nwater means water, whether or not it contains impurities.\nwater allocation plan means a plan declared under section 22B.\nwater extraction licence means:\n(a) a licence under section 45 to take water; or\n\nWater Act 1992 7\n(b) a licence under section 60 to take water from a bore.\nwater extraction licence decision, see section 71A(1).\nwaterway means any of the following:\n(a) a river, creek, stream or watercourse;\n(b) a natural channel in which water flows, whether or not the flow\nis continuous;\n(c) a channel formed wholly or partly by the alteration or\nrelocation of a waterway described in paragraph (a) or (b);\n(d) a lake, lagoon, swamp or marsh, whether formed by\ngeomorphic processes or modified by works:\n(i) in which water collects, whether or not the collection is\ncontinuous; and\n(ii) into, through or out of which a current (which forms the\nflow or part of the flow of a river, creek, stream or\nwatercourse) passes, whether or not that passage is\ncontinuous;\n(e) land on which, as a result of works constructed on a waterway\ndescribed in paragraph (a), (b) or (c), water collects, whether\nor not the collection is continuous;\n(f) land which is intermittently covered by water from a waterway\ndescribed in paragraph (a), (b), (c), (d) or (e), but does not\ninclude any artificial channel or work which diverts water away\nfrom such a waterway;\n(g) if any land described in paragraph (f) forms part of a slope\nrising from the waterway to a definite lip, the land up to that lip;\n(ga) shallow groundwater immediately underlying the bed or banks\nof a waterway;\n(h) land declared under section 5(1) to be a waterway.\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) In this Act, a reference to a waterway includes a reference to a part\nor portion of a waterway.\n\nWater Act 1992 8\n(3) The following are the beneficial uses of water:\n(a) agriculture – to provide irrigation water for primary production\nincluding related research;\n(b) aquaculture – to provide water for commercial production of\naquatic animals including related research;\n(c) public water supply – to provide source water for drinking\npurposes delivered through community water supply systems;\n(d) environment – to provide water to maintain the health of\naquatic ecosystems;\n(e) cultural – to provide water to meet aesthetic, recreational and\ncultural needs;\n(f) industry – to provide water for other industry uses not\nmentioned elsewhere in this subsection;\n(g) rural stock and domestic – to provide water for the purposes\npermitted under sections 10, 11 and 14;\n(h) mining activity – to provide water for a mining activity;\n(i) petroleum activity – to provide water for a petroleum activity;\n(j) Aboriginal economic development – to provide water for\nAboriginal economic development.\n","sortOrder":4},{"sectionNumber":"4A","sectionType":"section","heading":"Meaning of hydraulic fracturing waste","content":"4A Meaning of hydraulic fracturing waste\n(1) Hydraulic fracturing waste is any of the following that is leftover\nfrom, surplus to or an unwanted by-product of hydraulic fracturing,\nwhether it has been treated or is untreated:\n(a) a solid, liquid or gas;\n(b) a mixture of those substances.\n(2) In addition, hydraulic fracturing waste includes a substance or a\nclass of substances prescribed by regulation.\n","sortOrder":5},{"sectionNumber":"4B","sectionType":"section","heading":"Meaning of eligible land","content":"4B Meaning of eligible land\n(1) Eligible land means the following:\n(a) Aboriginal land as defined in section 3(1) of the Aboriginal\nLand Rights (Northern Territory) Act 1976 (Cth);\n\nWater Act 1992 9\n(b) land in relation to which, under the Native Title Act 1993 (Cth),\na determination of native title was made that native title rights\nand interests to possess, occupy, use and enjoy land and\nwaters to the exclusion of all others exist on the land and\nthose rights and interests were not subsequently extinguished;\n(c) freehold land, land held under a lease in perpetuity or land\nheld under a lease for a term that expires on or after the expiry\nof the water allocation plan:\n(i) if the title holder of the land or lease is one of the\n(A) an incorporated association under the Associations\nAct 2004;\n(B) an Aboriginal and Torres Strait Islander\nCorporation established under the Corporations\n(Aboriginal and Torres Strait Islander) Act 2006\n(Cth);\n(C) a trust established under a law of the Territory; and\n(ii) to which at least one of the following applies:\n(A) the land or lease is granted under a law of the\nTerritory as part of the settlement of a land claim\nunder the Aboriginal Land Rights (Northern\nTerritory) Act 1976 (Cth);\n(B) the title to the land or lease is expressly held by or\nfor the benefit of Aboriginal people and a law of the\nTerritory or a law of the Commonwealth imposes a\nrestriction on the use, occupation or any dealing\nwith the land for the purpose of ensuring the title to\nthe land or lease is held by or for the benefit of\nAboriginal people.\nlease does not include a sublease.\n","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Declarations of waterways","content":"5 Declarations of waterways\n(1) The Minister may, by notice in the Gazette, declare any land not\nalready a waterway:\n(a) over which water collects or flows, whether or not the\ncollection or flow is continuous; or\n\nWater Act 1992 10\n(b) adjacent to land that is otherwise a waterway,\nto be a waterway for the purposes of this Act.\n(2) The Minister shall not make a declaration under subsection (1)\nunless:\n(a) the Minister is satisfied that:\n(i) the declaration has been applied for by a person who, if\nthe land were a waterway, would have the right to take\nand use water from it under section 10 or 11;\n(ii) the applicant has caused notice of the application to be\npublished in a newspaper circulating generally in the\narea in which the land is situated; and\n(iii) the applicant has caused notice of the application to be\ngiven or sent by post to:\n(A) the owner and the lawful occupier of the land;\n(B) the council of the municipality in which the land is\nsituated, if it is situated in a municipality; and\n(C) the responsible authority in relation to a planning\narea, if any, in which the land is situated; and\n(b) the Minister has considered all submissions on the application\nmade within 40 business days after the publication or giving of\nnotice of the application under paragraph (a)(ii) or (iii),\nwhichever is the later.\n(3) The Minister may require further information in relation to an\napplication to be provided by the applicant.\n(4) A copy of a request made under subsection (3) shall be given or\nsent by post to all persons who, in the opinion of the Minister, are\naffected by the request.\n(5) The Minister may, in writing, as a condition precedent to the\nMinister making a declaration under subsection (1), require a\nperson who:\n(a) owns land on the declared waterway; or\n(b) who will benefit from the declaration,\n\nWater Act 1992 11\nto pay the amount of compensation specified by the Minister to\nanother person who:\n(c) owns land on the declared waterway; or\n(d) will suffer detriment as a result of the declaration.\n(6) The Minister may, by notice in the Gazette, declare coastal waters\nof the Territory (within the meaning of the Coastal Waters (Northern\nTerritory Powers) Act 1980 of the Commonwealth), to be tidal water\nfor the purposes of this Act.\n","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Act to bind Crown","content":"6 Act to bind Crown\nThis Act binds the Crown, not only in right of the Territory but, to the\nextent that the legislative power of the Legislative Assembly so\npermits, in all its other capacities.\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Application of Act to mining activity or petroleum activity","content":"7 Application of Act to mining activity or petroleum activity\n(1) Section 16 does not apply to waste that comes into contact with\nwater, or water that is polluted, if the contact or pollution occurs in\nthe course of carrying out a mining activity which is authorised\nunder an environmental (mining) licence under the Environment\n(2) Section 16 does not apply to waste that comes into contact with\nwater, or water that is polluted, if:\n(a) the contact or pollution occurs in the course of carrying out a\npetroleum activity; and\n(b) the waste or polluted water is confined within the petroleum\nsite on which the activity is being carried out.\n(3) Part 6, Division 5 applies to the disposal underground of waste in\nthe course of carrying out a petroleum activity on a petroleum site if\nthe waste is not confined within the petroleum site.\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Exercise of certain functions by statutory authorities","content":"8 Exercise of certain functions by statutory authorities\n(1) A local government council or a prescribed statutory authority or\nbody must not exercise functions relevant to the purposes of this\nAct except in accordance with this Act or as authorised by a\ndelegation under this Act or a direction given by the Minister.\n(2) The Minister may give written directions to a local government\ncouncil or a prescribed statutory authority or body in regard to the\nexercise of functions to which subsection (1) applies.\n\nWater Act 1992 12\n","sortOrder":10},{"sectionNumber":"8A","sectionType":"section","heading":"Application of Criminal Code","content":"8A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct, other than an offence against section 16, 62, 64, 65, 76 or 97.\nNote for section 8A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":11},{"sectionNumber":"Part 2","sectionType":"part","heading":"General provisions relating to natural water,","content":"Part 2 General provisions relating to natural water,\npollution and hydraulic fracturing waste\n","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Crown rights to water","content":"9 Crown rights to water\n(1) In this Division, water means:\n(a) the water flowing or contained in a waterway; or\n(b) groundwater.\n(2) Subject to this Act, the property in and the rights to the use, flow\nand control of all water in the Territory is vested in the Territory and\nthose rights are exercisable by the Minister in the name of and on\nbehalf of the Territory.\n","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Public right to take water for domestic and stock purposes","content":"10 Public right to take water for domestic and stock purposes\n(1) Subject to section 99, a person may take water for domestic\npurposes, or for watering travelling stock, from a waterway.\n(2) Nothing in subsection (1) shall be construed as authorising a\nperson to enter or remain on land to which the person does not\notherwise have legal access.\n","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Rights of owners or occupiers of land in contact with waterway","content":"11 Rights of owners or occupiers of land in contact with waterway\nto take water for certain purposes\nSubject to section 14A, the owner or occupier of land on or\nimmediately adjacent to which there is a waterway may take water\nfrom that waterway for:\n(a) the use of the owner or occupier or the owner's or occupier's\nfamily and employees, for domestic purposes on the land; or\n\nWater Act 1992 13\n(b) drinking water for grazing stock on the land; or\n(c) irrigating a garden, not exceeding 0.5 ha, which is part of the\nland and used solely in connection with a dwelling.\n","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Ownership of bed and banks of waterway forming boundary of","content":"12 Ownership of bed and banks of waterway forming boundary of\nland\n(1) Where a waterway forms the boundary of land which is alienated by\nthe Crown and that boundary is not a boundary surveyed for the\npurposes of the registration of the title to the land under the Land\nTitle Act 2000, the bed and banks of the waterway, to the extent, if\nany, that they were not the property of the Crown immediately\nbefore the commencement of this section are, by virtue of this\nsection, acquired by and vested in the Territory.\n(2) In a grant or lease of land made after the commencement of this\nsection, the bed and banks of a waterway forming the boundary of\nthe land shall remain the property of the Territory except to the\nextent that they are contained within the boundaries of the land\nsurveyed for the purposes of the registration of the title to the land\nunder the Land Title Act 2000.\n","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Rights of owner or occupier of adjacent land over banks of","content":"13 Rights of owner or occupier of adjacent land over banks of\nboundary waterway\nThe owner or occupier of land immediately adjacent to the banks of\na waterway, which banks are the property of the Territory, has,\nsubject to this Act, the Soil Conservation and Land Utilisation\nAct 1969 and section 79 of the Pastoral Land 1992, the right to\naccess for the owner or occupier or the owner's or occupier's family\nand employees, and for the owner's or occupier's stock, to and over\nthose banks.\n","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Right of owners of overlying land to take groundwater for","content":"14 Right of owners of overlying land to take groundwater for\ncertain purposes\nSubject to sections 14A and 70, the owner or occupier of land may\ntake groundwater from beneath the land for:\n(a) the use of the owner or occupier or the owner's or occupier's\nfamily and employees, for domestic purposes on the land; or\n(b) drinking water for grazing stock on the land; or\n(c) irrigating a garden, not exceeding 0.5 ha, which is part of the\nland and used solely in connection with a dwelling.\n\nWater Act 1992 14\n","sortOrder":18},{"sectionNumber":"14A","sectionType":"section","heading":"Restricted Water Extraction Area declaration","content":"14A Restricted Water Extraction Area declaration\n(1) The Minister may, by Gazette notice, declare an area of land to be\nan area where the right to take water under section 11 or 14 is\nrestricted when the land is subdivided or consolidated.\n(2) Before making the declaration, the Minister must be satisfied it is\nnecessary to restrict taking of water from waterways or from\ngroundwater in the area to:\n(a) protect environmental or cultural values of water in the\narea; or\n(b) ensure the ongoing supply of water to persons with a right to\ntake water under this Part in the area.\n(3) For subsection (2), the Minister must take into account the\n(a) the characteristics of waterways and groundwater in the area;\n(b) the amount of water allocated under water extraction licences\nin the area;\n(c) the amount of water permitted to be taken in the area in\naccordance with a declaration under section 44(8) or 47(1);\n(d) the amount of water taken each year by owners and occupiers\nof land in the area under sections 11 and 14;\n(e) availability of water in the area;\n(f) any water allocation plan applying to the area;\n(g) existing demand and likely future demand for water for\npurposes mentioned in sections 11 and 14 in the area;\n(h) the provisions of any agreement made by or on behalf of the\nTerritory with a State concerning the sharing of water;\n(i) other factors the Minister considers should be taken into\naccount.\n(4) A declaration under subsection (1) must:\n(a) state the reasons for making the declaration; and\n(b) describe the area of land to which the declaration applies; and\n\nWater Act 1992 15\n(c) state the effect of the restrictions in the area and whether the\nrights under section 11 or 14, or both, are restricted.\n","sortOrder":19},{"sectionNumber":"14B","sectionType":"section","heading":"Effect of Restricted Water Extraction Area declaration","content":"14B Effect of Restricted Water Extraction Area declaration\n(1) A subdivision of land in a Restricted Water Extraction Area results\nin the same number of owners of land having the right under\nsection 11 or 14 that is restricted as did immediately before the\nsubdivision.\nExample for subsection (1)\nAn owner of land in a Restricted Water Extraction Area where taking groundwater\nis restricted subdivides the land into 2 lots. On one of the new lots the owner will\nbe able to take groundwater for use on the lot. On the second new lot the owner\nwill not be able to take groundwater.\n(2) A consolidation of land in a Restricted Water Extraction Area results\nin the same number of owners of land having the right under\nsection 11 or 14 that is restricted as did immediately before the\nconsolidation or, if the consolidation results in fewer owners of land,\nthat number.\nExample for subsection (2)\nThere are 3 adjacent lots in a Restricted Water Extraction Area where taking\nsurface water is restricted. The 3 lots are consolidated into 2 lots. The owners of\nthe 2 new lots will be able to take surface water for use on each lot.\n(3) For subsections (1) and (2), subdivision or consolidation is:\n(a) subdivision or consolidation of land under Part 2A, 4 or 5 of\nthe Planning Act 1999; or\n(b) preparation of a scheme statement under Part 2.3, Division 1\nof the Unit Title Schemes Act 2009 or lodgement of a scheme\nstatement under section 111(1) of the Act for subdivision or\nconsolidation of land; or\n(c) preparation of a units plan of subdivision or units plan of\nconsolidation under Part IIIA of the Unit Titles Act 1975 for\nland.\nNote for section 14B\nSection 14B prevents an owner of land creating more rights to take water by\nsubdividing or consolidating the land.\n\nWater Act 1992 16\n","sortOrder":20},{"sectionNumber":"14C","sectionType":"section","heading":"Requirements for subdivision or consolidation in Restricted","content":"14C Requirements for subdivision or consolidation in Restricted\nWater Extraction Area\n(1) If an owner of land in a Restricted Water Extraction Area proposes\nto subdivide or consolidate the land under Part 2A, 4 or 5 of the\nPlanning Act 1999:\n(a) the owner must nominate in the application under\nsection 30C(1), 38(1) or 46(1) of the Planning Act 1999 which\nof the titles proposed to be created by registration of the plan\nof subdivision or consolidation under section 51 of the Land\nTitle Act 2000:\n(b) the owner must ensure that the application to register the plan\nof subdivision or consolidation under section 51 of the Land\nTitle Act 2000 specifies which of the titles proposed to be\ncreated on subdivision or consolidation:\n(2) If a person who prepares a scheme statement under\nPart 2.3, Division 1 or section 111(1) of the Unit Title Schemes\nAct 2009 for land in a Restricted Water Extraction Area proposes to\nsubdivide or consolidate the land by registration of the scheme\nstatement under section 54B of the Land Title Act 2000:\n(a) the person must nominate in the scheme statement prepared\nunder section 18 or 111(1) of the Unit Title Schemes Act 2009\nwhich of the titles proposed to be created by registration:\n\nWater Act 1992 17\n(b) the person must ensure that the request for registration of a\nscheme statement under section 54B of the Land Title\nAct 2000 specifies which of the titles proposed to be created\nby registration:\n(3) If a person who prepares a units plan of subdivision or units plan of\nconsolidation under Part IIIA of the Unit Titles Act 1975 for land in a\nRestricted Water Extraction Area proposes to subdivide or\nconsolidate the land by registration of the units plan under\nsection 9B of the Real Property (Unit Titles) Act 1975:\n(a) the person must nominate in the units plan prepared under\nPart IIIA of the Unit Titles Act 1975 which of the titles\nproposed to be created by registration:\n(b) the person must ensure that the application for registration\nunder section 9B of the Real Property (Unit Titles) Act 1975\nspecifies which of the titles proposed to be created by\nregistration:\n(4) For section 35 of the Land Title Act 2000, a Restricted Water\nExtraction Area declaration imposes a restriction on land within the\narea and the Minister may lodge with the Registrar-General a\nmemorandum in accordance with that section for land in the area.\nNote for subsection (4)\nThe Registrar-General’s directions and Regulations made under the Land Title\nAct 2000 may prescribe or provide for an approved form used for lodging a\nmemorandum under section 35(1) of that Act.\n\nWater Act 1992 18\n","sortOrder":21},{"sectionNumber":"14D","sectionType":"section","heading":"Bores in Restricted Water Extraction Area","content":"14D Bores in Restricted Water Extraction Area\n(1) If land with a bore on it in a Restricted Water Extraction Area is\nsubdivided or consolidated and results in a title to land the owner of\nwhich no longer retains the right to take groundwater under\nsection 14, the owner must discontinue the use of and\ndecommission any bore on the land with that title.\n(2) The Controller must not accept an application for a bore work\npermit made under section 57(1) in respect of the land with that\ntitle, other than:\n(a) an application for a bore work permit for decommissioning or\nsealing off a bore; or\n(b) an application for a bore work permit to take groundwater\nunder any entitlement other than the right to take groundwater\nunder section 14.\n","sortOrder":22},{"sectionNumber":"14E","sectionType":"section","heading":"Effect of revocation of Restricted Water Extraction Area","content":"14E Effect of revocation of Restricted Water Extraction Area\ndeclaration\n(1) A declaration under section 14A(1) and the restrictions in the area\ncontinue in effect until the declaration is revoked.\n(2) If the Minister revokes a declaration under section 14A(1):\n(a) in the case of a declaration restricting the right to take water\nunder section 11 – the right to take water under section 11 is\nrestored to owners of:\n(i) all titles to land created by subdivision or consolidation\nunder Part 2A, 4 or 5 of the Planning Act 1999 after the\ndeclaration; and\n(ii) all unit titles created by registration of a scheme\nstatement under section 54B of the Land Title Act 2000\n(iii) all unit titles created by registration of a units plan of\nsubdivision or units plan of consolidation under\nsection 9B of the Real Property (Unit Titles) Act 1975\n\nWater Act 1992 19\n(b) in the case of a declaration restricting the right to take\ngroundwater under section 14 – the right to take water under\nsection 14 is restored to owners of:\n(i) all titles to land created by subdivision or consolidation\nunder Part 2A, 4 or 5 of the Planning Act 1999 after the\ndeclaration; and\n(ii) all unit titles created by registration of a scheme\nstatement under section 54B of the Land Title Act 2000\n(iii) all unit titles created by registration of a units plan of\nsubdivision or units plan of consolidation under\nsection 9B of the Real Property (Unit Titles) Act 1975\nafter the declaration.\n(3) As soon as practicable after a declaration under section 14A(1) is\nrevoked, the Minister responsible for administering the Land Title\nAct 2000 must give a direction to the Registrar-General under\nsection 36(1) of that Act to remove any memorandum made under\nsection 35 of that Act in respect of the declaration.\nNote for subsection (3)\nThe Registrar-General’s directions and Regulations made under the Land Title\nAct 2000 may prescribe or provide for an approved form used for giving a\ndirection under section 36(1) of that Act.\n","sortOrder":23},{"sectionNumber":"15","sectionType":"section","heading":"Rights of owner or occupier to drain land or retain water","content":"15 Rights of owner or occupier to drain land or retain water\nDespite section 9(2), the owner or occupier of land may, if it does\nnot materially diminish or increase the flow or likely flow of water in\nor into a waterway:\n(a) drain the land in accordance with this Act and the Soil\nConservation and Land Utilisation Act 1969; or\n(b) for the retention or conservation of water for use on the land –\nconstruct, operate, maintain, repair or alter a dam or other\nwater storage or works (other than prescribed works) not in a\n","sortOrder":24},{"sectionNumber":"16","sectionType":"section","heading":"Prohibition of pollution","content":"16 Prohibition of pollution\n(1) In this section, water means:\n(a) water flowing or contained in a waterway;\n\nWater Act 1992 20\n(2) A person shall not, unless authorised to do so by or under this or\nauthorisation, wilfully cause, either directly or indirectly:\n(2A) An offence against subsection (2) is an environmental offence\nlevel 1.\n(2B) A person shall not, unless authorised to do so by or under this or\n(2C) An offence against subsection (2B) is an environmental offence\nlevel 2.\n(2D) A person shall not, unless authorised to do so by or under this or\ncausing material environmental harm.\n(2E) An offence against subsection (2D) is an environmental offence\n(2F) A person shall not, unless authorised to do so by or under this or\n(b) water to be polluted.\n\nWater Act 1992 21\n(2G) An offence against subsection (2F) is an environmental offence\nlevel 4.\n(3) In a proceeding for an offence against this section, proof of the\nexistence on land of a drain, pond, dump or other means (including\nmechanical means) whereby waste is capable of being conveyed,\nretained or deposited in such a manner as to come into contact\ndirectly or indirectly with water is prima facie evidence that waste\ncame into contact with such water at the time that such drain, pond,\ndump or other means existed.\n","sortOrder":25},{"sectionNumber":"17","sectionType":"section","heading":"Rights to prevent pollution preserved","content":"17 Rights to prevent pollution preserved\n(1) Subject to subsection (2), nothing in this Act affects a right that a\nperson has under a law in force in the Territory to restrict or\nprevent, or to obtain damages in respect of, the pollution of water.\n(2) In an action to restrict or prevent the pollution of water, it is a\ndefence if it is proved that the pollution was authorised by a licence\ngranted under section 63 or 74.\n","sortOrder":26},{"sectionNumber":"17A","sectionType":"section","heading":"Hydraulic fracturing waste and water","content":"17A Hydraulic fracturing waste and water\n(ii) serious environmental harm; and\n(c) the person has knowledge of the result.\nPenalty: environmental offence level 1.\n\nWater Act 1992 22\n(ii) serious environmental harm; and\n(c) the person is reckless in relation to the result.\nPenalty: environmental offence level 2.\n(ii) material environmental harm; and\n(c) the person has knowledge of the result.\nPenalty: environmental offence level 2.\n(ii) material environmental harm; and\n(c) the person is reckless in relation to the result.\nPenalty: environmental offence level 3.\n(5) A person commits an offence if the person engages in conduct that\nresults in, directly or indirectly, hydraulic fracturing waste coming\ninto contact with water.\nPenalty: environmental offence level 4.\n(6) Strict liability applies to subsection (5).\n\nWater Act 1992 23\nwater means:\n(a) water flowing or contained in a waterway; or\n","sortOrder":27},{"sectionNumber":"17B","sectionType":"section","heading":"Application of section 17A","content":"17B Application of section 17A\n(1) Section 17A does not apply if:\n(a) hydraulic fracturing waste is produced water or flowback fluid;\nand\n(b) the hydraulic fracturing waste comes into contact with water\nthat is contained in the geological formation being targeted by\nthe process of hydraulic fracturing.\nflowback fluid means fluid that is a mixture of hydraulic fracturing\nfluid and formation fluid that is allowed to flow from the well\nfollowing hydraulic fracturing.\nproduced water means naturally occurring water that is extracted\nfrom a geological formation following hydraulic fracturing.\n","sortOrder":28},{"sectionNumber":"17C","sectionType":"section","heading":"Evidentiary matters","content":"17C Evidentiary matters\nIn a proceeding for an offence against section 17A, proof of the\nexistence on land, where hydraulic fracturing has occurred or is\noccurring, of any of the following things is evidence that hydraulic\nfracturing waste came into contact with water at the time the thing\nexisted:\n(a) a drain;\n(b) a pond;\n(c) a dump;\n(d) any other means (including mechanical means) by which\nhydraulic fracturing waste is capable of being conveyed,\nretained or deposited so that it may, directly or indirectly,\ncome into contact with water.\n\nWater Act 1992 24\n","sortOrder":29},{"sectionNumber":"18","sectionType":"section","heading":"Controller of Water Resources","content":"18 Controller of Water Resources\n(1) The Minister may, by Gazette notice, appoint a person to be the\nController of Water Resources.\n(2) The Controller has the functions conferred on the Controller under\nthis Act and the powers necessary to perform those functions.\n","sortOrder":30},{"sectionNumber":"18A","sectionType":"section","heading":"Staff and facilities of Controller","content":"18A Staff and facilities of Controller\n(1) The Chief Executive Officer must provide the Controller with staff\nand facilities to enable the Controller to properly exercise or\nperform the Controller's powers and functions.\n(2) A staff member provided to the Controller under subsection (1) is\nsubject only to the direction of the Controller in performing duties for\nthe Controller.\n","sortOrder":31},{"sectionNumber":"18B","sectionType":"section","heading":"Minister may direct Controller","content":"18B Minister may direct Controller\n(1) The Minister may direct the Controller generally in relation to a\nmatter under this Act other than the following:\n(a) a decision about a particular licence under section 45, 49, 60,\n63, 67, 71G, 71H, 71M, 71R or 74;\n(b) a decision about a particular permit under section 41;\n(c) an approval under section 105(1A).\n(2) In the performance of the Controller's functions and exercise of the\nController's powers, the Controller is subject to a direction under\n","sortOrder":32},{"sectionNumber":"19","sectionType":"section","heading":"Delegation","content":"19 Delegation\n(1) The Minister or the Controller may, by instrument in writing,\ndelegate to a person any of their respective powers and functions\nunder this Act, other than this power of delegation.\n(2) A power or function delegated under this section, when exercised\nor performed by the delegate, shall, for the purposes of this Act, be\ndeemed to have been exercised or performed by the Minister or the\nController, as the case may be.\n\nWater Act 1992 25\n(3) A delegation under this section does not prevent the exercise of a\npower or the performance of a function by the Minister or the\nController.\n(4) The Minister cannot delegate the power to declare a Restricted\nWater Extraction Area under section 14A(1).\n","sortOrder":33},{"sectionNumber":"22","sectionType":"section","heading":"Water control district","content":"22 Water control district\nThe Minister may, by notice in the Gazette, declare a part of the\nTerritory to be a water control district for a purpose specified in the\nnotice and allocate a name to the district.\n","sortOrder":34},{"sectionNumber":"22A","sectionType":"section","heading":"Beneficial uses within water control district","content":"22A Beneficial uses within water control district\n(1) The Administrator may, by notice in the Gazette, declare the\nbeneficial uses of the water in a water control district.\n(2) Each of the following is a beneficial use of water in a water control\ndistrict:\n(a) environment;\n(b) Aboriginal economic development.\n","sortOrder":35},{"sectionNumber":"22B","sectionType":"section","heading":"Water allocation plans","content":"22B Water allocation plans\n(1) The Minister may, by notice in the Gazette, declare one or more\nwater allocation plans in respect of all or part of a water control\ndistrict.\n(2) The Minister must specify the period (not longer than 10 years) that\na water allocation plan is to remain in force.\n(3) The Minister must ensure that a review of a water allocation plan is\nconducted at intervals not longer than 5 years.\n(4) Water resource management in a water control district is to be in\naccordance with any water allocation plan declared in respect of the\ndistrict.\n(5) The water allocation plans for a water control district are to ensure\nthat:\n(a) water is allocated within the estimated sustainable yield to\nbeneficial uses; and\n\nWater Act 1992 26\n(b) the total water use for all beneficial uses (including those\nprovided through rural stock and domestic use and licences\ngranted under sections 45 and 60) is less than the sum of the\nallocations to each beneficial use; and\n(d) as far as possible – the full cost for water resources\nmanagement is to be recovered through administrative\ncharges to licensees and operational contributions from\nlicensees.\n(6) An allocation under subsection (5)(a) is to include an allocation to\nthe environment.\n(7) An allocation under subsection (5)(a) is to include an Aboriginal\nwater reserve if any of the land in the water control district to which\nthe water allocation plan relates is eligible land.\n","sortOrder":36},{"sectionNumber":"22C","sectionType":"section","heading":"Designation of eligible land for Aboriginal water reserve in","content":"22C Designation of eligible land for Aboriginal water reserve in\nwater allocation plan\n(1) A water allocation plan may designate eligible land as land in\nrespect of which an Aboriginal water reserve applies if:\n(a) the land is of more than 1 hectare; and\n(b) there are water resources:\n(i) for surface water – on or immediately adjacent to the\nland; or\n(ii) for groundwater – beneath the land.\n(3) A water allocation plan must not designate land under\nsubsection (1) that is held under a lease that permits the lessee to\nuse the land solely or primarily for residential purposes.\n","sortOrder":37},{"sectionNumber":"23","sectionType":"section","heading":"Water Advisory Committees","content":"23 Water Advisory Committees\n(1) The Minister may, in writing:\n(a) establish, and appoint the members of, a Water Advisory\nCommittee for the Territory or a part of the Territory or for a\nparticular purpose; and\n(b) allocate a name to each such Advisory Committee.\n\nWater Act 1992 27\n(1A) If a water allocation plan is declared under section 22B, the Minister\nmay, in writing:\n(a) establish, and appoint the members of, a Water Advisory\nCommittee for the plan; and\n(b) allocate a name to the Advisory Committee.\n(1B) An Advisory Committee referred to in subsection (1A):\n(a) in addition to subsection (3) – is to advise the Minister on the\neffectiveness of the water allocation plan in maximising\neconomic and social benefits within ecological restraints; and\n(b) is to carry out any other functions that the Minister may from\ntime to time direct the Advisory Committee to perform.\n(2) An Advisory Committee shall consist of such members as the\nMinister thinks fit and the members shall hold office at the Minister's\npleasure.\n(3) An Advisory Committee shall consider and advise the Minister on\nsuch matters within its jurisdiction as are referred to it by the\nMinister.\n","sortOrder":38},{"sectionNumber":"24","sectionType":"section","heading":"Authorised officers","content":"24 Authorised officers\n(1) The Minister may, in writing, appoint a person to be an authorised\nofficer.\n(2) The Minister must give an authorised officer an identity card stating\nthe person's name and that the person is an authorised officer.\n(3) The card must be signed by the authorised officer.\n(4) The authorised officer must show the card to any person who\nrequests to know the identity of the officer in the performance of the\nofficer's duties under this Act.\n","sortOrder":39},{"sectionNumber":"25","sectionType":"section","heading":"Return of identity card","content":"25 Return of identity card\n(a) ceases to be an authorised officer; and\n\nWater Act 1992 28\n(b) fails to return the person's identity card to the Chief Executive\nOfficer within 15 business days after the cessation.\nMaximum penalty: 20 penalty units.\nsubsection (1) if the defendant has a reasonable excuse.\n","sortOrder":40},{"sectionNumber":"26","sectionType":"section","heading":"Powers of authorised officers: purposes","content":"26 Powers of authorised officers: purposes\nAn authorised officer may exercise the powers set out in this\nDivision for the following purposes:\n(a) to assist with the exercise of the rights of the Territory under\nsection 9(2);\n(b) to assist in the performance of the Minister's duty under\nsection 34;\n(c) to monitor compliance with this Act;\n(d) to investigate a suspected contravention of this Act.\n","sortOrder":41},{"sectionNumber":"27","sectionType":"section","heading":"General powers of authorised officers","content":"27 General powers of authorised officers\n(1) Subject to sections 28 and 29, an authorised officer may do any of\nthe following:\n(a) enter and remain on any land;\n(b) move any vehicle;\n(c) inspect any land and anything on the land;\n(d) search any land entered and anything found there;\n(e) take photographs and make sketches or other records of land\nor things found on land;\n(f) take photographs of any person on or in land;\n(g) make recordings in any medium, including audio, visual and\naudio-visual recordings, of land or things found on land;\n(h) inspect and take copies of documents and records;\n(i) seize any documents and any computer or other equipment\nrequired to access any documents;\n\nWater Act 1992 29\n(j) operate any computer or other equipment;\n(k) bring equipment or materials on to land and install and\nmaintain equipment or materials;\n(l) measure anything or take samples of anything on land;\n(m) examine or test any equipment, machinery or other thing;\n(n) require a relevant person to:\n(i) provide the person's name, address and date of birth\nand evidence of these; and\n(ii) if the relevant person is acting as a member of a\npartnership – provide the name, address and telephone\nnumber of each other partner in the partnership; and\n(iii) if the relevant person is acting as a member of the\ncommittee of management of an unincorporated body –\nprovide the name, address and telephone number of\neach other member of the committee of management;\n(o) require a person on the land to give the authorised officer\nreasonable assistance to exercise or perform the authorised\nofficer's powers or functions including:\n(i) by operating any computer or other equipment; and\n(ii) by providing any access or assistance to access any\ncomputer or other equipment or any service;\n(p) authorise a person to provide assistance to the authorised\nofficer in the exercise or performance of the authorised\nofficer's powers or functions;\n(q) do any other act or thing or cause anything else to be done\nthat the officer believes on reasonable grounds is necessary\nfor, or incidental to, the exercise of a power mentioned in this\nDivision.\nassociated person, of a person, means:\n(a) if the person is a member of a partnership – a partner of the\nperson; or\n\nWater Act 1992 30\n(b) if the person is a member of and acting on behalf of an\nunincorporated body – a member of the committee of\nmanagement of the body; or\n(c) an employee, agent, licensee, contractor or subcontractor of\nthe person or of a partnership or body mentioned in\nparagraph (a) or (b).\nrelevant person means:\n(a) a person who is on, or in the vicinity of, land entered by the\nauthorised officer under this section; or\n(b) a person who the authorised officer suspects on reasonable\ngrounds is travelling to or from the land; or\n(c) a person who the authorised officer suspects on reasonable\ngrounds is the owner or occupier of the land; or\n(d) a person who the authorised officer knows or suspects on\nreasonable grounds is the holder of a permit, licence or\nconsent under this Act; or\n(e) a person who the authorised officer suspects on reasonable\ngrounds is a person who is under investigation for a suspected\ncontravention of this Act; or\n(f) a person who the authorised officer suspects on reasonable\ngrounds is a person who is an associated person of a person\nmentioned in paragraph (c), (d) or (e).\n","sortOrder":42},{"sectionNumber":"28","sectionType":"section","heading":"Notice of entry","content":"28 Notice of entry\n(1) This section does not apply in relation to the entry of land that is\nresidential premises.\n(2) An authorised officer who intends to enter land under section 27(1)\nmust give the owner or occupier of the land written notice of the\nintention to enter the land, unless one of the following applies:\n(a) entry is required in circumstances that the officer considers\nconstitute an emergency;\n(b) the purpose of entry is to ascertain whether a contravention of\nthis Act (including a contravention of a term or condition of a\nlicence, permit, consent or approval granted under this Act)\nhas occurred;\n(c) entry is required for the purpose mentioned in section 26(b).\n\nWater Act 1992 31\n(3) A notice under subsection (2) must be given to the owner or\noccupier of the land at least 10 business days before the proposed\nentry and must specify the following:\n(a) the land proposed to be entered;\n(b) the name and address of the authorised officer and any other\nperson who will enter the land;\n(c) details of any activities the authorised officer proposes to carry\nout on the land.\n","sortOrder":43},{"sectionNumber":"29","sectionType":"section","heading":"Entry to residential premises","content":"29 Entry to residential premises\n(1) An authorised officer must not:\n(a) enter residential premises for the purpose mentioned in\nsection 26(2)(b); or\n(b) enter residential premises for any other purpose without:\n(i) the consent of the occupier of the premises obtained in\naccordance with subsection (2); or\n(ii) a warrant issued under section 30.\n(2) An authorised officer seeking an occupier's consent to enter\nresidential premises must:\n(a) show the officer's identity card to the occupier; and\n(b) inform the occupier of the reasons why the entry is sought;\nand\n(c) inform the occupier that the occupier may refuse to give\nconsent.\n(3) Having entered residential premises, an authorised officer may\nremain on the premises for as long as is reasonably necessary to\nachieve the purpose of the entry.\n","sortOrder":44},{"sectionNumber":"30","sectionType":"section","heading":"Application for and issue of search warrant","content":"30 Application for and issue of search warrant\n(1) An authorised officer may apply to a judicial officer for a search\nwarrant to enter residential premises:\n(a) by appearing in person before the judicial officer; or\n(b) if it is not practicable to appear in person – by telephone or\nother means of communication.\n\nWater Act 1992 32\n(2) If the judicial officer is satisfied that there are reasonable grounds to\npermit the authorised officer to enter the residential premises, the\njudicial officer may issue a warrant directed to the authorised\nofficer.\n(3) If the judicial officer issues a warrant on an application made under\nsubsection (1)(b), the judicial officer must:\n(a) complete and sign the warrant (the original warrant); and\n(b) record on the original warrant the reasons for issuing it; and\n(c) inform the authorised officer by telephone or other means of\ncommunication of its terms.\n(4) When informed of the terms of the warrant under subsection (3)(c),\nthe authorised officer must as soon as practicable:\n(a) complete 2 copies of the form of warrant in the terms provided\nby the judicial officer; and\n(b) write on each copy the name of the judicial officer and the\ndate and time of the issue of the original warrant; and\n(c) forward one copy to the judicial officer.\n(5) The authorised officer may use the remaining copy of the warrant to\nexercise the powers granted by the original warrant.\n(6) If the judicial officer is satisfied, after comparing the forwarded copy\nwith the original warrant, that the copy is in substance identical to\nthe original warrant, the judicial officer must certify the copy as\nbeing in substance identical to the original warrant.\njudicial officer means any of the following:\n(a) a Supreme Court Judge;\n(b) an Associate Judge;\n(c) a Local Court Judge.\n","sortOrder":45},{"sectionNumber":"31","sectionType":"section","heading":"Effect and term of search warrant","content":"31 Effect and term of search warrant\n(1) A search warrant permits the authorised officer to whom it is\ndirected, and any other authorised officer, to:\n(a) enter the land specified in the warrant; and\n\nWater Act 1992 33\n(b) exercise the powers of the authorised officer under this Act in\nrelation to the land.\n(2) A warrant remains in force for 30 business days from its date of\nissue.\n","sortOrder":46},{"sectionNumber":"32","sectionType":"section","heading":"Duty of authorised officer in relation to seized thing","content":"32 Duty of authorised officer in relation to seized thing\n(1) As soon as practicable but within 5 business days after an\nauthorised officer seizes a thing under section 27, the officer must\ngive a receipt for the seized thing to the person from whom it was\nseized.\n(2) The receipt must describe generally each thing seized and its\ncondition.\n(3) If, for any reason, it is not practicable to comply with subsection (1),\nthe authorised officer must:\n(a) leave the receipt at the place of seizure; and\n(b) ensure the receipt is left in a reasonably secure way and in a\nconspicuous position.\n(4) The authorised officer must allow the owner of the seized thing to\ninspect it and, if it is a document, to take extracts from it or make\ncopies of it.\n(5) The authorised officer must return the seized thing to its owner at\nthe end of the later of:\n(a) 12 months; or\n(b) if a prosecution for an offence involving the seized thing is\nstarted within the 12 months – 12 months after the end of the\nprosecution for the offence and any appeal from the\nprosecution.\n(6) Despite subsection (5), the authorised officer must return the seized\nthing to its owner immediately if the authorised officer stops being\nsatisfied its retention as evidence is necessary.\n(7) Despite subsections (5) and (6), the authorised officer may keep\nthe seized thing if the authorised officer believes on reasonable\ngrounds that it is necessary to continue to keep it to prevent its use\nin committing an offence.\n(8) The authorised officer must give written notice to the owner of the\nseized thing as soon as practicable if the officer decides under\nsubsection (7) to keep the thing.\n\nWater Act 1992 34\n","sortOrder":47},{"sectionNumber":"32A","sectionType":"section","heading":"Forfeiture of seized thing","content":"32A Forfeiture of seized thing\nDespite section 32, if the owner of the seized thing is convicted of\nan offence for which the thing was retained as evidence, the court\nmay order its forfeiture to the Territory.\n","sortOrder":48},{"sectionNumber":"Div 4","sectionType":"division","heading":"Protection from liability","content":"Division 4 Protection from liability\n","sortOrder":49},{"sectionNumber":"33","sectionType":"section","heading":"Protection from liability","content":"33 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function connected with the administration of this\nAct.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n","sortOrder":50},{"sectionNumber":"33A","sectionType":"section","heading":"Power to give remediation notice","content":"33A Power to give remediation notice\n(1) This section applies if the Controller believes on reasonable\ngrounds that:\n(a) a person is contravening or has contravened section 37(1),\n40(1), 42(1), 44(1), 46(1), 48(1), 50(1), 55(2), 56(1), 58(1),\n59(1), 61(1), 66(1), 68(1), 71(1), 79(3), 81(1) or 96(3) in\ncircumstances that make it likely the contravention will\ncontinue or be repeated; and\n(b) a matter relating to the contravention is reasonably capable of\nbeing rectified; and\n(c) it is appropriate to give the person an opportunity to rectify the\nmatter.\n(2) The Controller may give the person a notice (a remediation\nnotice) requiring the person to take reasonable steps to rectify the\nmatter and, if relevant, requiring the person to refrain from doing an\nact.\n\nWater Act 1992 35\n","sortOrder":51},{"sectionNumber":"33B","sectionType":"section","heading":"Requirements for remediation notice","content":"33B Requirements for remediation notice\nA remediation notice must specify the following:\n(a) that the Controller believes the person is contravening or has\ncontravened a provision mentioned in section 33A(1)(a) in\ncircumstances that make it likely the contravention will\ncontinue or be repeated;\n(b) the provision the Controller believes is being, or has been\ncontravened;\n(c) briefly, how it is believed the provision is being, or has been\ncontravened;\n(d) the matter relating to the contravention that the Controller\nbelieves is reasonably capable of being rectified;\n(e) the reasonable steps the person must take to rectify the\nmatter;\n(f) that the person must take the steps within a specified\nreasonable period;\n(g) that the person may apply to NTCAT for a review of the\ndecision to issue the remediation notice under section 105D;\n(i) if the notice requires the person to do an act involving the\ncarrying out of work – details of the work involved;\n(j) if the notice requires the person to refrain from doing an act:\n(i) a period for which the requirement applies; or\n(ii) that the requirement applies until further notice.\n","sortOrder":52},{"sectionNumber":"33C","sectionType":"section","heading":"Failure to comply with remediation notice","content":"33C Failure to comply with remediation notice\n(a) is given a remediation notice; and\n(b) fails to comply with the notice.\nfor the offence provision specified in the\nnotice.\n\nWater Act 1992 36\n","sortOrder":53},{"sectionNumber":"33D","sectionType":"section","heading":"Power to take action and recover costs","content":"33D Power to take action and recover costs\n(1) If a person given a remediation notice fails to comply with the\nnotice, the Minister may take the action required by the notice and\nany reasonable expenses incurred are payable by the person as a\ndebt to the Territory.\n(2) The Minister must give the person a notice stating the amount of\nany reasonable expenses incurred.\n","sortOrder":54},{"sectionNumber":"34","sectionType":"section","heading":"Water resources investigation","content":"34 Water resources investigation\nTo enable effective planning for water resource development and\nenvironmental protection, it is the duty of the Minister to ensure as\nfar as possible that a continuous program for the assessment of\nwater resources of the Territory is carried out, including the\ninvestigation collection, collation and analysis of data concerning\nthe occurrence, volume, flow, characteristics, quality, flood potential\nand use of water resources, and for that purpose the Minister may:\n(a) systematically gauge stream flow, record climatic data and\nmonitor groundwater levels;\n(b) construct, operate, repair, maintain, alter and remove gauging,\nrecording and monitoring stations and investigation and\nmonitoring bores;\n(c) sample and analyse water and waste; and\n(d) cooperate with a State of the Commonwealth in the\ninvestigation of water resources which traverse the boundary\nbetween the Territory and the State.\n","sortOrder":55},{"sectionNumber":"35","sectionType":"section","heading":"Equipment not fixture or improvement to land","content":"35 Equipment not fixture or improvement to land\nIf in the performance of the Minister's duty anything is attached to\nland, it is taken not to be:\n(a) a fixture to the land for the purpose of giving the owner or\noccupier of the land a proprietary interest in it; or\n\nWater Act 1992 37\n(b) an improvement.\n","sortOrder":56},{"sectionNumber":"36","sectionType":"section","heading":"Water investigation permits","content":"36 Water investigation permits\n(1) Subject to this Act, the Minister may, on the Minister's own initiative\nor on application in the prescribed manner and form, grant to a\nperson a permit to explore for water.\n(2) A permit granted under subsection (1) is subject to such terms and\nconditions, if any, as are specified in the permit document.\n(3) A permit may empower its holder to enter Crown land or private\nland and to take such measures and carry out such works for the\npurposes of this Part as are specified in the permit document or\nprescribed and, subject to this Act, the holder of the permit may,\nwith such workmen and equipment as reasonably required for that\npurpose, enter the land and do those things accordingly.\n(4) A permit shall be granted for such period, not exceeding 12 months,\nas is specified in the permit document.\n","sortOrder":57},{"sectionNumber":"37","sectionType":"section","heading":"Breach of water investigation permit","content":"37 Breach of water investigation permit\n(a) holds a permit granted under section 36; and\n","sortOrder":58},{"sectionNumber":"38","sectionType":"section","heading":"Notice where private land disturbed","content":"38 Notice where private land disturbed\n(1) If in the exercise of a power by virtue of a permit under this Part the\nholder of the permit wishes to enter land, the holder must given\nwritten notice to the owner or occupier of the land of the holder's\nintention to enter the land.\n(2) A notice required under subsection (1) to be given shall be served\nnot later than 10 business days before the exercise of the power\nand shall specify the land on which entry is to be made, the work\n\nWater Act 1992 38\nproposed to be carried out on the land and the name and place of\nbusiness of each person who will enter on the land to carry out the\nwork.\n","sortOrder":59},{"sectionNumber":"39","sectionType":"section","heading":"Access to confidential information","content":"39 Access to confidential information\n(1) This section applies if the holder of a mineral title under the Mineral\nTitles Act 2010, an environmental (mining) licence under the\nEnvironment Protection Act 2019 or a petroleum licence or\npetroleum permit under the Petroleum Act 1984, has given any of\nthe following to a person as required by that Act:\n(a) water samples of, and data about, underground water\nencountered during exploration drilling;\n(b) a geological sample, including a drill core and cutting;\n(c) a report relevant to the mineral title, environmental (mining)\nlicence, petroleum licence or petroleum permit.\n(2) Either or both of the Controller and the Minister may do any of the\n(a) have access to anything mentioned in subsection (1)(a) to (c);\n(b) arrange for an analysis of a sample mentioned in\nsubsection (1)(a) or (b);\n(c) obtain copies of reports mentioned in subsection (1)(c).\n(2A) The Controller and the Minister may share anything mentioned in\nsubsection (2) with each other.\n(3) Subsections (2) and (2A) apply to the Controller and the Minister:\n(a) regardless of any provision in the Mineral Titles Act 2010, the\nEnvironment Protection Act 2019 or the Petroleum Act 1984\nrelating to confidentiality; and\n(b) without the need to obtain the permission of the holder of the\nmineral title, environmental (mining) licence, petroleum licence\nor petroleum permit.\n(a) the person obtains information under this section in the course\nof performing a function connected with the administration of\nthis Act or exercising a power under this Act; and\n\nWater Act 1992 39\n(b) the information is confidential and the person is reckless in\nrelation to that circumstance; and\n(c) the person intentionally engages in conduct; and\n(d) the conduct results in the disclosure of the information and the\ndisclosure is not:\n(i) for a purpose connected with the administration of this\nAct, including a legal proceeding arising out of the\noperation of this Act; or\n(ii) to a person who is otherwise entitled to the information;\nand\n(e) the person is reckless in relation to the result and\ncircumstance mentioned in paragraph (d).\n(4A) Strict liability applies to subsection (4)(a).\n(4B) If the information mentioned in subsection (4) relates to a person, it\nis a defence to a prosecution for an offence against that subsection\nif the person has consented to the disclosure of the information.\nExample for subsection (4B)\nA person to whom the information relates includes a person who has a direct\ninterest in the information remaining confidential because the information is\nfinancial, commercial, personal or cultural information.\nNote for subsections (4) to (4B)\nIn addition to the circumstances mentioned in these subsections, a person who\ndiscloses confidential information will not be criminally responsible for an offence\nif the disclosure is justified or excused by or under a law (see section 43BE of the\nCriminal Code).\n(5) In this section:\nenvironmental (mining) licence, see section 4 of the Environment\nmineral title means:\n(a) a mineral title as defined in section 11(1) of the Mineral Titles\nAct 2010; or\n(b) a non-compliant existing interest as defined in section 204(1)\nof the Mineral Titles Act 2010.\n\nWater Act 1992 40\npetroleum licence means a licence as defined in section 5(1) of\nthe Petroleum Act 1984.\npetroleum permit means a permit as defined in section 5(1) of the\nPetroleum Act 1984.\n","sortOrder":60},{"sectionNumber":"40","sectionType":"section","heading":"Interfering with waterway without authorisation","content":"40 Interfering with waterway without authorisation\n(a) engages in conduct that interferes with a waterway; and\n(b) is not authorised under this Act to interfere with the waterway.\n(b) the conduct interferes with a waterway and the person is\nreckless in relation to the result; and\n(c) the person is not authorised under this Act to interfere with the\n(4) Strict liability applies to subsection (3)(c).\n(5) It is a defence to a prosecution for an offence against\nsubsection (1) or (3) if the defendant took reasonable steps and\n(6) The defendant has a legal burden of proof in relation to a matter\nmentioned in subsection (5).\n(7) For subsections (1)(b) and (3)(c), a right, permit or licence under\nsection 10, 11, 14, 41, 45, 60 or 67 authorises a person to interfere\nwith a waterway to the extent that the person's conduct is in\naccordance with the right, permit or licence.\n\nWater Act 1992 41\n(8) In a proceeding for an offence against this section, proof of the\nexistence of a structure or obstruction on land, or on, in or below a\nwaterway, is evidence that the waterway was interfered with if the\nstructure or obstruction was capable of interfering with the\n(9) Subsections (1) and (3) do not apply if the Minister exempts the\ninterference with a waterway under subsection (10).\n(10) The Minister may, by Gazette notice, exempt a class of interference\nwith a waterway from the application of subsections (1) and (3) and\nthose subsections cease to apply to, or in relation to, interferences\nof that class on and from the day the notice is published in the\nGazette.\n","sortOrder":61},{"sectionNumber":"41","sectionType":"section","heading":"Grant of permit to interfere with waterway","content":"41 Grant of permit to interfere with waterway\nto a person a permit in the prescribed form to interfere with a\n(2) A permit may be granted under subsection (1) subject to any terms\nand conditions specified in the permit document.\n","sortOrder":62},{"sectionNumber":"42","sectionType":"section","heading":"Breach of permit to interfere with waterway","content":"42 Breach of permit to interfere with waterway\n(a) holds a permit granted under section 41; and\n","sortOrder":63},{"sectionNumber":"43","sectionType":"section","heading":"Definition","content":"43 Definition\nIn this Division, water means water flowing or contained in a\n\nWater Act 1992 42\n","sortOrder":64},{"sectionNumber":"44","sectionType":"section","heading":"Taking surface water without authorisation","content":"44 Taking surface water without authorisation\n(a) takes water; and\n(a) intentionally takes water; and\nNote for subsection (2)\nexistence on land of a channel or other means (including\nmechanical means) by which water may be taken is evidence that\nwater was taken while the channel or other means existed.\n(7) Subsections (1) and (2) do not apply if the Administrator declares\nunder subsection (8) that they do not apply.\n(8) The Administrator may, on the recommendation of the Minister,\ndeclare by Gazette notice that subsections (1) and (2) do not apply\nto taking water:\n(a) of a specified class, kind, description or volume; or\n(b) at a specified rate or for a specified purpose.\n\nWater Act 1992 43\n","sortOrder":65},{"sectionNumber":"45","sectionType":"section","heading":"Licence to take water","content":"45 Licence to take water\nto a person a licence in the prescribed form to take water.\n(2) A licence may be granted under subsection (1) subject to any terms\nand conditions specified in the licence document.\n(3) Subject to subsection (4), a licence is granted for the period, not\nexceeding 10 years, specified in the licence document.\n(4) A licence may be granted under subsection (1) for a period\nexceeding 10 years if:\n(a) the licence is for a purpose, or meets criteria, that the Minister,\nby Gazette notice, specifies as justifying a longer period; or\n(5) The Controller must not grant a licence or accept an application for\na licence to take water on land in a Restricted Water Extraction\nArea declared to restrict the right to take water under section 11,\nother than an application specified in subsection (6).\n(6) For subsection (5), the following applications are specified:\n(a) an application under subsection (1) in relation to Crown land in\nthe Restricted Water Extraction Area, unless the land is\nleased from the Crown under the Crown Lands Act 1992 or\nthe Special Purposes Leases Act 1953;\n(b) an application under subsection (1) made in accordance with\nsection 71M or 71R;\n(e) an application made because of the subdivision or\n\nWater Act 1992 44\n","sortOrder":66},{"sectionNumber":"45A","sectionType":"section","heading":"No licence to take water for petroleum activity","content":"45A No licence to take water for petroleum activity\nThe Controller must not grant a licence under section 45 if the\nproposed beneficial use of water under the licence is petroleum\nactivity.\n","sortOrder":67},{"sectionNumber":"46","sectionType":"section","heading":"Breach of licence to take surface water","content":"46 Breach of licence to take surface water\n(a) holds a licence granted under section 45; and\n","sortOrder":68},{"sectionNumber":"47","sectionType":"section","heading":"Declaration of exemptions","content":"47 Declaration of exemptions\n(1) The Administrator may, on the recommendation of the Minister, by\nnotice in the Gazette, declare that a provision of this Part does not\napply to or in relation to a bore, or to drainage water or waste, of a\nclass or description specified in the notice and, accordingly, that\nprovision does not apply.\n(2) A declaration under subsection (1) must not exempt the application\nof the following provisions:\n(a) section 60A;\n(b) section 67(4).\n\nWater Act 1992 45\n","sortOrder":69},{"sectionNumber":"48","sectionType":"section","heading":"Doing bore work without licence","content":"48 Doing bore work without licence\n(a) does bore work; and\n(b) does not hold a drilling licence that authorises the bore work.\nGeneral rights to take water or do bore work under section 57 do not authorise\nunlicensed bore work, but this offence does not apply if the bore is subject to an\nexemption declared under section 47.\n(5) Subsection (1) does not apply if, at all times, the defendant does\nthe bore work in the presence of a person who holds a drilling\nlicence that authorises the bore work.\n","sortOrder":70},{"sectionNumber":"49","sectionType":"section","heading":"Grant of drilling licence","content":"49 Grant of drilling licence\n(1) Subject to this Act, the Controller may:\n(a) on the Controller’s own initiative or on application in the\nprescribed manner and form; and\n(b) on being satisfied that the person has the prescribed\nqualifications,\ngrant to a person a drilling licence of a prescribed kind in the\nprescribed form.\n(2) A drilling licence may be granted under subsection (1) subject to\nsuch terms and conditions, if any, as are specified in the licence\n(3) A drilling licence shall be granted for such period, not exceeding\n5 years, as is specified in the licence document.\n\nWater Act 1992 46\n","sortOrder":71},{"sectionNumber":"50","sectionType":"section","heading":"Breach of drilling licence","content":"50 Breach of drilling licence\n(a) holds a drilling licence; and\n","sortOrder":72},{"sectionNumber":"51","sectionType":"section","heading":"Surrender of licence","content":"51 Surrender of licence\nThe holder of a drilling licence to whom notice has been given in\naccordance with section 93 must, within 20 business days after the\ndate of the notice, deliver to the Controller the licence document.\n","sortOrder":73},{"sectionNumber":"52","sectionType":"section","heading":"Obligation to produce drilling licence","content":"52 Obligation to produce drilling licence\nA person working as a driller or on or in connection with a bore\nmust, if required to do so by the Controller or an authorised officer,\nproduce within a reasonable time to the Controller or authorised\nofficer:\n(a) the person's drilling licence; or\n(b) satisfactory evidence that the person is acting under the\nsupervision of the holder of a drilling licence.\n","sortOrder":74},{"sectionNumber":"53","sectionType":"section","heading":"Power to require drilling information and samples","content":"53 Power to require drilling information and samples\n(1) The Controller may, by written notice, require a holder of a drilling\nlicence to provide the information and samples prescribed by\nregulation in the form and within the period specified in the notice.\n(a) is given a notice under subsection (1); and\n(b) fails to comply with a requirement of the notice.\n\nWater Act 1992 47\n(3) An offence against subsection (2) is an offence of strict liability.\nsubsection (2) if the defendant took reasonable steps and exercised\n","sortOrder":75},{"sectionNumber":"54","sectionType":"section","heading":"Drillers' Qualifications Advisory Committee","content":"54 Drillers' Qualifications Advisory Committee\n(1) There is a Drillers' Qualifications Advisory Committee.\n(2) The Drillers' Qualifications Advisory Committee:\n(a) is constituted by a chairperson and the prescribed number of\nother members; and\n(b) has powers and functions as prescribed.\n(3) The chairperson and members of the Drillers' Qualifications\nAdvisory Committee must be appointed by the Minister and hold\noffice at the Minister's pleasure.\n","sortOrder":76},{"sectionNumber":"55","sectionType":"section","heading":"Power to require information about bore","content":"55 Power to require information about bore\n(1) The Controller may, by Gazette notice, require an owner or\noccupier of land or land of a specified class, either generally or\nwithin a specified area:\n(a) to provide information in relation to any bores situated on the\nland; and\n(b) to provide the information within a specified time or as soon as\npracticable after the completion of bore work.\n(a) is required by a notice under subsection (1) to provide\ninformation; and\n(b) fails to comply with the requirement.\n(3) An offence against subsection (2) is an offence of strict liability.\n\nWater Act 1992 48\nsubsection (2) if the defendant took reasonable steps and exercised\n","sortOrder":77},{"sectionNumber":"56","sectionType":"section","heading":"Doing bore work without authorisation","content":"56 Doing bore work without authorisation\n(a) the person does bore work; and\n(b) the bore work is not authorised by a permit granted under\nsection 57.\n(a) the person intentionally does bore work; and\n(b) the bore work is not authorised by a permit granted under\nsection 57.\nsubsection (1) or (2) if:\n(a) the bore work was done:\n(i) to prevent pollution or deterioration of the water in a\nbore; or\n(ii) to provide urgent water supply for the benefit of public\nhealth, animal welfare or the environment; and\n(b) it was not reasonably practicable to apply for a permit under\nsection 57; and\n(c) the defendant took reasonable steps to inform the Controller\nof the bore work; and\n(d) the defendant complied with any regulations that apply to the\nbore work done for a purpose mentioned in paragraph (a).\n\nWater Act 1992 49\n(5) It is a defence to a prosecution for an offence against\n(6) The defendant has a legal burden of proof in relation to a matter\nmentioned in subsection (4) or (5).\n","sortOrder":78},{"sectionNumber":"57","sectionType":"section","heading":"Grant of bore work permit","content":"57 Grant of bore work permit\nto a person a permit in the prescribed form to carry out bore work.\n(2) A permit may be granted under subsection (1) subject to any terms\nand conditions specified in the permit document.\n(3) A permit must be granted for a period, not exceeding 2 years, as is\nspecified in the permit document.\n","sortOrder":79},{"sectionNumber":"58","sectionType":"section","heading":"Breach of permit to do bore work","content":"58 Breach of permit to do bore work\n(a) holds a permit granted under section 57; and\n","sortOrder":80},{"sectionNumber":"59","sectionType":"section","heading":"Taking groundwater without authorisation","content":"59 Taking groundwater without authorisation\n(a) takes water from a bore; and\n\nWater Act 1992 50\n(a) intentionally takes water from a bore; and\nNote for subsection (2)\nexistence on land of pumping equipment or other prescribed means\nby which water may be taken from a bore is evidence that water\nwas taken in contravention of this section at the time the equipment\nor those means are proved to have existed.\n","sortOrder":81},{"sectionNumber":"60","sectionType":"section","heading":"Grant of licence to take groundwater","content":"60 Grant of licence to take groundwater\n(1) Subject to this Act, the Controller may, on the Controller’s own\nto a person a licence in the prescribed form to take water from a\nbore.\n(3) Subject to subsection (4), a licence shall be granted for such\nperiod, not exceeding 10 years, as is specified in the licence\n\nWater Act 1992 51\n(4) A licence may be granted under subsection (1) for a period\nexceeding 10 years if:\n(a) the licence is for a purpose, or meets criteria, that the Minister,\nby Gazette notice, specifies as justifying a longer period; or\n(5) The Controller must not grant a licence or accept an application for\na licence to take water from a bore on land in a Restricted Water\nExtraction Area declared to restrict the right to take groundwater\nunder section 14, other than an application specified in\nsubsection (6).\n(6) For subsection (5), the following applications are specified:\n(a) an application under subsection (1) in relation to Crown land in\nthe Restricted Water Extraction Area, unless the land is\nleased from the Crown under the Crown Lands Act 1992 or\nthe Special Purposes Leases Act 1953;\n(b) an application under subsection (1) made in accordance with\nsection 71M or 71R;\n(e) an application made because of the subdivision or\n","sortOrder":82},{"sectionNumber":"60A","sectionType":"section","heading":"Licence to take groundwater for hydraulic fracturing","content":"60A Licence to take groundwater for hydraulic fracturing\n(1) This section applies in relation to an application for a licence, or a\nlicence proposed to be granted on the Controller's own initiative, to\ntake water from a bore if:\n(a) the proposed beneficial use of water under the licence is\npetroleum activity that includes hydraulic fracturing; and\n(b) one or more designated bores are located within 1 km of the\nbore.\n\nWater Act 1992 52\n(2) The Controller must not grant the licence unless:\n(a) the owner of each designated bore mentioned in\nsubsection (1)(b) consents to the grant of the licence; or\n(b) the Controller is satisfied that hydrogeological investigations\nand groundwater modelling indicate that the activities under\nthe licence will not have any adverse effect on the supply of\nwater to any designated bore mentioned in subsection (1)(b).\ndesignated bore means any of the following:\n(a) a bore used for rural stock and domestic beneficial use;\n(b) a bore in relation to which a water extraction licence has been\ngranted;\n(ba) a bore in relation to which a licence was granted under\nPart 6B;\n(c) a proposed bore in relation to which the Controller has\nreceived but not yet decided an application for a bore work\npermit under section 57(1) that is proposed to be used for:\n(i) rural stock and domestic beneficial use; or\n(ii) a use that requires the grant of a water extraction licence\nor a licence under Part 6B;\n(d) a proposed bore in relation to which a bore work permit under\nsection 57(1) is in force that is proposed to be used for:\n(i) rural stock and domestic beneficial use; or\n(ii) a use that requires the grant of a water extraction licence\nor a licence under Part 6B.\nowner, of a designated bore, means:\n(a) if a permit or licence under this Act is in force in relation to the\nbore – the holder of the permit or licence; or\n(b) if the designated bore is a proposed bore in relation to which\nthe Controller has received an application under\nsection 57(1) – the person who has made the application to\nconstruct the bore; or\n\nWater Act 1992 53\n(c) if a bore exists but there is no permit or licence under this Act\nin force in relation to the bore – the person who uses or\nmaintains the bore.\n","sortOrder":83},{"sectionNumber":"61","sectionType":"section","heading":"Breach of licence to take groundwater","content":"61 Breach of licence to take groundwater\n(a) holds a licence granted under section 60; and\n","sortOrder":84},{"sectionNumber":"62","sectionType":"section","heading":"Prohibition of unlicensed waste disposal","content":"62 Prohibition of unlicensed waste disposal\n(1) A person shall not, unless authorised by or under this Act to do so,\nwilfully cause waste to be disposed of underground by means of a\nbore causing serious environmental harm.\n(1A) An offence against subsection (1) is an environmental offence\nlevel 1.\n(1B) A person shall not, unless authorised by or under this Act to do so,\ncause waste to be disposed of underground by means of a bore\n(1C) An offence against subsection (1B) is an environmental offence\nlevel 2.\n(1D) A person shall not, unless authorised by or under this Act to do so,\ncause waste to be disposed of underground by means of a bore\ncausing material environmental harm.\n(1E) An offence against subsection (1D) is an environmental offence\n(1F) A person shall not, unless authorised by or under this Act to do so,\ncause waste to be disposed of underground by means of a bore.\n\nWater Act 1992 54\n(1G) An offence against subsection (1F) is an environmental offence\nlevel 4.\n(2) In proceedings for an offence against this section, proof of the\nexistence on land of a means whereby waste is capable of being\ndisposed of underground by means of a bore is prima facie\nevidence that waste was disposed of underground by means of a\nbore in contravention of this section at the time those means are\nproved to have existed.\n","sortOrder":85},{"sectionNumber":"63","sectionType":"section","heading":"Grant of underground waste disposal licence","content":"63 Grant of underground waste disposal licence\nto a person a licence in the prescribed form to dispose of waste\nunderground by means of a bore.\n(3) A licence shall be granted for such period, not exceeding\n12 months, as is specified in the licence document.\n","sortOrder":86},{"sectionNumber":"64","sectionType":"section","heading":"Breach of term or condition of licence","content":"64 Breach of term or condition of licence\n(1) The holder of a licence granted under section 63 shall not\ncontravene or fail to comply with, or cause, suffer or permit a\nperson to contravene or fail to comply with, a term or condition to\nwhich the licence is subject.\n(2) An offence against subsection (1) is an environmental offence\n","sortOrder":87},{"sectionNumber":"65","sectionType":"section","heading":"Change in use of bore","content":"65 Change in use of bore\n(1) Subject to subsection (2), a person shall not, without the consent in\nwriting of the Controller, cause, suffer or permit:\n(a) a bore that is not being used for or in connection with the\ndisposal of waste to be used for or in connection with the\ndisposal of waste;\n\nWater Act 1992 55\n(b) a bore that is being used for or in connection with the disposal\nof waste to be used for the taking of water; or\n(c) any change in the use to occur in relation to a bore to which\nthe Administrator has, by notice under section 47, declared\nthat a provision of this Part does not apply, if that change will\nresult in the provision then applying to the bore.\n(2) The Controller may, on application, consent to a person doing a\nthing referred to in subsection (1) and the person may do that thing\naccordingly.\n(3) A consent may be granted under subsection (2) subject to such\nterms and conditions, if any, as are specified in the consent\n(4) A person to whom a consent is granted shall not contravene or fail\nto comply with, or cause, suffer or permit a person to contravene or\nfail to comply with, a term or condition to which the consent is\nsubject.\n(5) An offence against this section is an environmental offence level 3.\n","sortOrder":88},{"sectionNumber":"66","sectionType":"section","heading":"Recharging aquifer without authorisation","content":"66 Recharging aquifer without authorisation\n(a) engages in conduct that results in the increase of the volume\nof water in an aquifer; and\n(b) is not authorised under this Act to increase the volume of\nwater in the aquifer.\n(b) the conduct results in the increase of the volume of water in\nan aquifer and the person is reckless in relation to the result;\nand\n\nWater Act 1992 56\n(c) the person is not authorised under this Act to increase the\nvolume of water in the aquifer.\n(3) Strict liability applies to subsections (1) and (2)(c).\nexistence on land of a means by which the volume of water\ncontained in an aquifer is capable of being increased is evidence\nthat the volume of water contained in an aquifer was increased in\ncontravention of this section at the time those means are proved to\nhave existed.\n","sortOrder":89},{"sectionNumber":"67","sectionType":"section","heading":"Grant of recharge licence","content":"67 Grant of recharge licence\n(1) Subject to this Act, the Controller may, on the Controller’s own\nto a person a licence to increase the water contained in an aquifer.\nterms and conditions as are specified in the licence document.\n(3) A licence shall be granted for such period, not exceeding 10 years,\nas is specified in the licence document.\n(4) The Controller must not grant a licence that permits the increase of\nwater contained in an aquifer with water that is or contains hydraulic\nfracturing waste.\n","sortOrder":90},{"sectionNumber":"68","sectionType":"section","heading":"Breach of recharge licence","content":"68 Breach of recharge licence\n(a) holds a licence granted under section 67; and\n\nWater Act 1992 57\n","sortOrder":91},{"sectionNumber":"70","sectionType":"section","heading":"Power to give directions","content":"70 Power to give directions\nDespite any other provision of this Act, if the Controller is satisfied\nthat an act or omission by a person in relation to a bore may result,\ndirectly or indirectly, in the pollution or deterioration, inequitable\ndistribution, loss, wastage or undue depletion of water, the\nController may, by notice served on the owner or occupier of the\nland on which the bore is situated, direct that person, within the\nperiod specified in the notice, to do one or more of the following:\n(a) close, and shut off the supply of groundwater from, the bore in\nthe manner specified in the notice;\n(b) restrict or limit the amount of water taken from the bore to the\nextent specified in the notice;\n(c) install and maintain a suitable meter to record the amount of\nwater taken or discharged from the bore;\n(d) discontinue the use of the bore;\n(e) disconnect all pipes or drainage works discharging into, or in\nthe vicinity of, the bore and take such action as is specified in\nthe notice to prevent waste from entering the bore;\n(f) close, or partly or entirely plug, seal off or backfill the bore in\nthe manner specified in the notice;\n(g) treat waste in a manner specified in the notice before it is\nallowed to enter the bore;\n(h) restrict, in the manner specified in the notice, the amount of\nwaste entering the bore;\n(j) use the water taken from the bore for such purposes as are\nspecified in the notice.\n\nWater Act 1992 58\n","sortOrder":92},{"sectionNumber":"71","sectionType":"section","heading":"Contravention of notice","content":"71 Contravention of notice\n(a) is served with a notice under section 70; and\n(b) contravenes a direction of the notice.\n(5) For subsection (1), it is immaterial if the contents of the notice are\ninconsistent with or contrary to a term or condition of a licence,\npermit or other authorisation granted under this Act or another Act.\n71AA Transfer of entitlements to water\n(1) The holder (the seller) of a water extraction licence may apply to\nthe Controller to approve a transfer of all or part of the holder's\nentitlement to water under the licence to one or more other holders\n(the buyer) of a licence granted in respect of the same water\nresource.\nExample for subsection (1)\nA licence holder does not use the entire water entitlement under the licence and\nwishes to sell a portion of it to a farmer who holds a licence to extract water from\nthe same water resource.\n(2) The application must be in a form approved by the Controller.\n(3) The Controller must approve or refuse to approve the transfer of\nwater entitlement and give the seller and the buyer written notice of\nthe decision.\n(4) If the Controller approves the transfer of water entitlement, the\ntransfer takes effect on the later of:\n(a) the day after the approval is given; or\n(b) the date of transfer specified in the application.\n\nWater Act 1992 59\n71AB Amendment of licences if transfer approved\n(1) If the Controller approves an application made under\nsection 71AA(1), the Controller must amend the licences to:\n(a) reduce the seller's entitlement to water; and\n(b) increase the buyer's entitlement to water by no more than the\nreduction in the seller's entitlement under paragraph (a).\n(2) An amendment to a licence under subsection (1) is not a decision\nto which section 90 applies.\n","sortOrder":93},{"sectionNumber":"71A","sectionType":"section","heading":"Water extraction licence decision and application of Part","content":"71A Water extraction licence decision and application of Part\n(1) A water extraction licence decision is a decision about an\napplication to which this Part applies.\n(2) This Part applies to an application for either or both of the following:\n(a) the grant of a water extraction licence;\n(b) an amendment or modification of one or more water extraction\nlicences involving an increase in the total quantity of water that\nmay be taken under the licence or licences.\n(2A) However, this Part does not apply to either of the following:\n(a) the transfer of an entitlement to take water under a licence\nand related amendment of one or more licences under\nPart 6AA;\n(b) an application made because of the subdivision or\n(3) This Part does not apply to an application for the renewal of a water\nextraction licence under section 93A.\n\nWater Act 1992 60\n","sortOrder":94},{"sectionNumber":"71B","sectionType":"section","heading":"Notice of intention to make water extraction licence decision","content":"71B Notice of intention to make water extraction licence decision\n(1) Within 20 business days after lodgement of an application to which\nthis Part applies, the Controller must give notice of the Controller's\nintention to make a water extraction licence decision.\n(2) The Controller must publish the notice in the manner the Controller\nconsiders appropriate.\n(3) The notice must include the following information:\n(a) whether the application is for the grant, amendment or\nmodification of a water extraction licence;\n(b) if the application is for the grant of a water extraction licence –\nthe following details:\n(i) whether the applicant proposes to take the water by\nmeans of extraction, diversion or instream use;\n(ii) the name of the waterway from which the water will be\ntaken;\n(iii) the point of the waterway, or the bore, from which the\nwater will be taken;\n(iv) a description of the areas of land on which the waterway\nor bore is located and on which the water will be used;\n(v) the proposed beneficial uses of the water;\n(vi) the maximum quantity of water in megalitres proposed to\nbe taken annually for each beneficial use;\n(c) if the application is for the amendment or modification of a\nwater extraction licence – the details of the proposed changes\nto the licence in relation to any of the matters mentioned in\nparagraph (b)(i) to (vi);\n(d) any other information, available to the Controller about the\nrelevant water resource, that the Controller considers relevant\nto the application, including the following:\n(i) the total quantity of water that currently may be taken\nfrom the water resource under water extraction licences;\n(ii) the total quantity of water that currently is taken from the\nwater resource under water extraction licences;\n\nWater Act 1992 61\n(iii) the estimated total sustainable yield of water of the water\nresource.\n(4) The notice must include an invitation to make written comments\nabout the application to the Controller, at a specified address, within\n20 business days after publication of the notice.\n(5) The applicant for the water extraction licence decision must pay the\ncosts of publishing the notice.\n(6) The Controller must give a copy of the notice to the owners of land\nimmediately adjacent to:\n(a) the land from which the water will be taken; and\n(b) the land on which the water will be used.\n(7) In addition, the Controller must:\n(a) use reasonable efforts to identify any occupiers of land\nimmediately adjacent to the land mentioned in\nsubsection (6)(a) and (b); and\n(b) give a copy of the notice to the identified occupiers.\n71BA Agreement required before water extraction licence given in\nrespect of Aboriginal water reserve\nThe Controller must not grant a water extraction licence in relation\nto an Aboriginal water reserve unless the Controller is satisfied that:\n(a) the applicant for the licence is an eligible Aboriginal person for\nthe eligible land in respect of which the Aboriginal water\nreserve applies; or\n(b) the applicant for the licence has obtained the agreement of the\neligible Aboriginal people for the eligible land in respect of\nwhich the Aboriginal water reserve applies to apply for the\nlicence.\n","sortOrder":95},{"sectionNumber":"71C","sectionType":"section","heading":"Making water extraction licence decision","content":"71C Making water extraction licence decision\n(1) The Controller must make a water extraction licence decision for an\napplication as soon as practicable after the end of the period\nallowed for comments (if possible, within 20 business days after the\nend of that period).\n(2) In making the decision, the Controller must take into account all the\ncomments about the application made in accordance with\nsection 71B(4).\n\nWater Act 1992 62\n(3) A copy of the full decision must be available to the public and must\ninclude the reasons for the decision and the way in which the\nController has taken into account:\n(a) the comments mentioned in subsection (2); and\n(b) any relevant factors mentioned in section 90(1).\n","sortOrder":96},{"sectionNumber":"71D","sectionType":"section","heading":"Notice of water extraction licence decision","content":"71D Notice of water extraction licence decision\n(1) Within 20 business days after making a water extraction licence\ndecision, the Controller must:\n(a) give a notice of the decision to the applicant and, if applicable,\ngrant, amend or modify the licence under section 45 or 60;\nand\n(b) publish a notice of the decision in the same manner the notice\nof the relevant application was published.\n(2) A notice given or published under subsection (1) must include a\nbrief statement:\n(a) of the reasons for the water extraction licence decision; and\n(b) advising where a person may read or obtain a copy of the full\ndecision; and\n(c) of any rights to apply to NTCAT for a review of the decision\nunder section 105D.\n","sortOrder":97},{"sectionNumber":"71F","sectionType":"section","heading":"Application by developer","content":"71F Application by developer\n(1) A person (the developer) may apply for a licence under this Part if\nthe developer proposes to do all of the following:\n(a) develop land (the development) that would use water for one\nor more beneficial uses, other than mining activity and\npetroleum activity;\n(b) transfer or lease areas of the land to other persons\nparticipating in the development;\n(c) transfer the entitlement to water under the licence to those\nother persons to use for those beneficial uses.\n\nWater Act 1992 63\n(2) The application for the licence must be in a form approved by the\nController and include the details of the proposed development,\nincluding the following:\n(a) the areas of land expected to be transferred or leased to other\npersons participating in the development;\n(b) the volumes of water expected to be taken from those other\nareas.\n(3) The Controller must not accept an application for a licence to take\nwater in respect of a development on land in a Restricted Water\nExtraction Area, other than an application in relation to Crown land\nthat is leased from the Crown under the Crown Lands Act 1992 or\nthe Special Purposes Leases Act 1953.\n","sortOrder":98},{"sectionNumber":"71G","sectionType":"section","heading":"Granting licence to developer","content":"71G Granting licence to developer\n(1) The Controller may, on application under section 71F, grant to a\ndeveloper a licence to take water in respect of the development.\n(2) To avoid doubt, the decision to grant a licence under this section is:\n(a) a water extraction licence decision; and\n(b) a decision to which Part 6A and section 90 apply.\n(3) The licence must be in a form approved by the Controller.\n(4) In addition to any other conditions the Controller considers\nappropriate, the Controller must impose conditions on the licence to\nensure the following:\n(a) that the entitlement to water under the licence is used by the\ndeveloper or transferred to other persons participating in the\ndevelopment;\n(b) that the water is taken and used for the beneficial uses\nspecified in the licence.\n","sortOrder":99},{"sectionNumber":"71H","sectionType":"section","heading":"Granting subsequent licences","content":"71H Granting subsequent licences\n(1) If a licence is granted to a developer under this Part, the Controller\nmay subsequently grant a licence to take water to any applicant\nwho wishes to participate in the development.\n(2) The application for the licence must be in a form approved by the\nController.\n\nWater Act 1992 64\n(3) A licence must not be granted under this section unless:\n(a) the application is consistent with the development and the\nconditions of the developer's licence; and\n(b) the water will be used only for the beneficial uses authorised\nin the developer's licence; and\n(c) the applicant's entitlement to water will come by transfer from\nthe developer's licence or another licence granted in respect\nof the same development.\n(4) If a licence is to be granted under this section, the Controller must\namend the licence from which the entitlement to water is being\ntransferred to reduce its entitlement to water.\n(5) A decision about a licence under this section is:\n(a) not a water extraction licence decision; and\n(b) not a decision to which Part 6A and section 90 apply.\n","sortOrder":100},{"sectionNumber":"71K","sectionType":"section","heading":"Transfer of land","content":"71K Transfer of land\n(1) Section 92 does not apply in relation to a transfer of an interest in\nland in the development by the developer to the holder of a licence\ngranted under section 71H in the same development.\n(2) To avoid doubt, section 92 applies to the following transfers:\n(a) a transfer of all the interests in land in the development held\nby the developer to another person;\n(b) a transfer of all interests in land in the development held by\nthe holder of a licence granted under section 71H to another\nperson.\n","sortOrder":101},{"sectionNumber":"71L","sectionType":"section","heading":"Breach of licence","content":"71L Breach of licence\n(a) holds a licence granted under this Part; and\n\nWater Act 1992 65\nNote for subsection (3)\nThe defendant has a legal burden of proof in relation to a matter mentioned in\nthis subsection.\n","sortOrder":102},{"sectionNumber":"Div 1","sectionType":"division","heading":"Licence to take water for exempt activity","content":"Division 1 Licence to take water for exempt activity\n","sortOrder":103},{"sectionNumber":"71M","sectionType":"section","heading":"Licence to take water for exempt activity","content":"71M Licence to take water for exempt activity\n(1) This section applies in relation to an application under section 45(1)\nor 60(1) for a licence to take water:\n(a) that relates to an activity that was the subject of an exemption\ndeclared under section 44(8) or 47(1) that is revoked or\notherwise no longer applies; and\n(b) to which the circumstances prescribed by regulation apply.\n(2) The Controller may grant the licence on the application if the\nController is satisfied the requirements prescribed by regulation are\nmet.\n(3) The Controller must decide the application in accordance with the\nprocedure prescribed by regulation.\n(4) A decision on the application is not a decision to which Part 6A and\nsection 90 apply.\n(5) Despite subsection (4), in making a decision on the application the\nController may have regard to the factors mentioned in\nsection 90(1).\nNote for section 71M\nAn exemption declared under section 44(8) includes exemptions continued in\nforce by section 116.\n","sortOrder":104},{"sectionNumber":"71N","sectionType":"section","heading":"Definition","content":"71N Definition\nIn this Division:\ncommencement means the commencement of Part 2 of the Water\nLegislation Amendment Act 2023.\n\nWater Act 1992 66\n","sortOrder":105},{"sectionNumber":"71P","sectionType":"section","heading":"Application of saving provision to mining and petroleum","content":"71P Application of saving provision to mining and petroleum\nactivity\n(1) On the commencement, section 113 ceases to apply in relation to a\nmining activity or petroleum activity.\n(2) On the commencement, section 114(1) ceases to apply in relation\nto a mining activity or petroleum activity.\n","sortOrder":106},{"sectionNumber":"71Q","sectionType":"section","heading":"Termination of unlicensed water access for mining or","content":"71Q Termination of unlicensed water access for mining or\npetroleum activity\n(1) Subsection (2) applies to a person who, on the commencement,\ncarries out a mining activity or petroleum activity without a licence.\n(2) The person has no authorisation to take water for the mining activity\nor petroleum activity if, on the expiry of a period of 2 years from the\ncommencement, the person does not hold:\n(a) a licence granted under section 45(1) in accordance with\nsection 71R; or\n(b) a licence granted under section 60(1) in accordance with\nsection 71R.\n","sortOrder":107},{"sectionNumber":"71R","sectionType":"section","heading":"Licence to take water for mining or petroleum activity","content":"71R Licence to take water for mining or petroleum activity\n(1) This section applies in relation to an application under section 45(1)\nor 60(1) for a licence to take water for a mining activity or petroleum\nactivity if:\n(a) immediately before 1 July 2019 the person applying for the\nlicence to take water was:\n(i) carrying out a mining activity or petroleum activity reliant\non water on the land from which the person proposes to\ntake water; and\n(ii) routinely taking surface water or water from a bore on\nthe land for the mining activity or petroleum activity; and\n(b) from 1 July 2019 until the making of the application, the\nperson applying for the licence to take water:\n(i) continued to carry out the mining activity or petroleum\nactivity mentioned in paragraph (a)(i); and\n(ii) routinely took surface water or water from a bore on the\nland for the mining activity or petroleum activity; and\n\nWater Act 1992 67\n(c) in the case of an application in relation to a petroleum activity:\n(i) the petroleum activity is not related to hydraulic\nfracturing; and\n(ii) the petroleum activity is carried out in accordance with\nan environment management plan approved under the\nPetroleum Act 1984; and\n(d) in the case of an application in relation to a mining activity, the\nmining activity is carried out in accordance with:\n(i) until the commencement of the Environment Protection\nLegislation Amendment Act 2023, Part 4, a mining\nmanagement plan approved under the Mining\nManagement Act 2001; and\n(ii) on and after the commencement of the Environment\nProtection Legislation Amendment Act 2023, Part 4, a\nmining management plan forming part of a deemed\nmining licence as defined in section 303 of the\nEnvironment Protection Act 2019; and\n(e) the application is made within 2 years of the commencement.\n(2) The Controller may grant the licence on the application if is satisfied\nthe requirements prescribed by regulation are met.\n(3) The Controller must decide the application in accordance with the\nprocedure prescribed by regulation.\n(4) A decision on the application is not a decision to which Part 6A and\nsection 90 apply.\n(5) Despite subsection (4), in making a decision on the application the\nController may have regard to the factors mentioned in\nsection 90(1).\n","sortOrder":108},{"sectionNumber":"71S","sectionType":"section","heading":"Water extraction licence to prevail in event of inconsistency","content":"71S Water extraction licence to prevail in event of inconsistency\n(1) If there is an inconsistency between a water extraction licence and\na mining management plan approved under the Mining\nManagement Act 2001 or a mining management plan forming part\nof a deemed mining licence as defined in section 303 of the\nEnvironment Protection Act 2019 in relation to the amount of water\nthat may be extracted for a mining activity, the water extraction\nlicence prevails to the extent of the inconsistency.\n\nWater Act 1992 68\n(2) If there is an inconsistency between a water extraction licence and\nan environment management plan approved under the Petroleum\nAct 1984 in relation to the amount of water that may be extracted\nfor a petroleum activity, the water extraction licence prevails to the\nextent of the inconsistency.\n","sortOrder":109},{"sectionNumber":"72","sectionType":"section","heading":"Definition","content":"72 Definition\nwater means:\n(a) water flowing or contained in a waterway; or\n","sortOrder":110},{"sectionNumber":"73","sectionType":"section","heading":"Water quality standards","content":"73 Water quality standards\n(1) The Administrator may, by notice in the Gazette, declare, either\ngenerally or for an area specified in the notice, the beneficial uses,\nquality standards, criteria or objectives which apply to or in relation\nto any:\n(a) waste or class of waste; or\n(b) water or class of water.\n(2) Subject to subsection (3), where a notice under subsection (1) is in\nforce, every licence, permit or consent granted under this Act\nbefore or after the publication of the notice is, except to the extent\nthat the licence, permit or consent otherwise provides, subject to\nthe condition that nothing is to be done or suffered or permitted to\nbe done under the licence, permit or consent which prejudices the\nbeneficial use, quality, standard, criteria or objective specified in the\nnotice in the area to which it applies.\n(3) Where immediately before the date of a notice under subsection (1)\na person was, in accordance with this or any other Act, causing,\nsuffering or permitting:\n(b) water to be otherwise polluted,\n\nWater Act 1992 69\nin a manner that would, but for this section, be an offence for\nbreach of a condition referred to in subsection (2) or otherwise\nunder this Act, the person may continue to do so for:\n(c) 3 months after that date;\n(d) such longer period as the Controller from time to time, in\nwriting, allows; or\n(e) subject to subsection (4), until the Controller determines an\napplication referred to in that subsection,\nwhichever is the longer period, but subject to any directions the\nController gives.\n(4) Where within a period referred to in subsection (3)(c) or (d) a\nperson referred to in subsection (3) makes an application under\nsection 74 in relation to waste or pollution and the Controller\nrefuses to grant the licence, the person may continue to do or suffer\nthe thing the subject of the application to be done in that manner for\n3 months after the Controller's refusal, but subject to any directions\nthe Controller gives.\n","sortOrder":111},{"sectionNumber":"74","sectionType":"section","heading":"Grant of waste discharge licence","content":"74 Grant of waste discharge licence\nto a person a licence (a waste discharge licence) to carry out an\naction that would otherwise be an offence against this Act whether\nby virtue of section 73 or because the action is not and cannot be\n(but for this section) authorised by or under this Act.\n(3) Subject to subsection (4), a licence is to be granted for such period,\nnot exceeding 10 years, as is specified in the licence document.\n(4) The Controller may grant a licence for a period exceeding 10 years\nif:\n(a) the licence is of a type, or meets criteria, that the Minister, by\nGazette notice, specifies as justifying a longer period; or\n\nWater Act 1992 70\n","sortOrder":112},{"sectionNumber":"74A","sectionType":"section","heading":"Actions may be carried out under Waste Management and","content":"74A Actions may be carried out under Waste Management and\nPollution Control Act 1998\nAn action carried out under an environment protection approval,\nenvironment protection licence or best practice licence as defined in\nsection 4(1) of the Waste Management and Pollution Control\nAct 1998 does not constitute an offence against this Act by virtue of\nsection 73.\n","sortOrder":113},{"sectionNumber":"75","sectionType":"section","heading":"Further information","content":"75 Further information\nThe Controller may, by written notice given to an applicant for a\nwaste discharge licence, require the applicant to furnish to the\nController, within the time specified in the notice, such information\nand such reports, plans and specifications as the Controller\nconsiders necessary and relevant to the application and specifies in\nthe notice.\n","sortOrder":114},{"sectionNumber":"76","sectionType":"section","heading":"Breach of terms or conditions of licence","content":"76 Breach of terms or conditions of licence\n(1) The holder of a waste discharge licence must not contravene or\ncause, suffer or permit a person to contravene a term or condition\nto which the licence is subject.\n(2) An offence against this section is an environmental offence level 3.\n","sortOrder":115},{"sectionNumber":"77","sectionType":"section","heading":"Monitoring","content":"77 Monitoring\n(1) Without limiting section 74(2), a waste discharge licence may be\nsubject to a condition that the licensee must, at the licensee's own\nexpense, conduct a monitoring program designed to provide\ninformation about the characteristics, volume and effects of any\nwaste or water in respect of which the licence is issued.\n(2) All data and information recorded in a program referred to in\nsubsection (1) must be supplied at such times and in such form,\nand after such analysis, if any, as is prescribed or is specified in the\nlicence document.\n\nWater Act 1992 71\nDivision 1 Preliminary\n","sortOrder":116},{"sectionNumber":"78","sectionType":"section","heading":"Definition","content":"78 Definition\nIn this Part water means:\n(a) the water flowing or contained in a waterway; or\n(b) groundwater.\n","sortOrder":117},{"sectionNumber":"79","sectionType":"section","heading":"Power to construct works","content":"79 Power to construct works\n(1) The Minister may arrange for the acquisition or construction,\nmaintenance, repair, alteration, operation or removal of such works\nas the Minister thinks fit:\n(a) for investigating, observing, measuring or assessing waste or\nwater;\n(b) for conserving water or protecting or enhancing its quality;\n(c) for irrigating or draining land;\n(d) for the use of water for recreation purposes;\n(e) for controlling flooding; or\n(f) in connection with the administration of this Act.\n(2) The Minister may authorise a person to construct, maintain, repair,\nalter, operate or remove works for a purpose described in\nsubsection (1) on such terms and conditions, if any, as are\nspecified in the instrument of authorisation.\n(b) the conduct results in the construction, maintenance, repair,\nalteration, operation or removal of works for a purpose\nmentioned in subsection (1) and the person is reckless in\nrelation to the result; and\n\nWater Act 1992 72\n(c) the person is not authorised to engage in the conduct.\n(3A) Strict liability applies to subsection (3)(c).\n","sortOrder":118},{"sectionNumber":"80","sectionType":"section","heading":"Information and advice","content":"80 Information and advice\n(1) The Minister may provide information or advice to a person on a\nmatter concerning the development or improvement of water\nsupplies or drainage for land, subject to such terms and conditions,\nif any, as are agreed between the Minister and that person or are\nprescribed.\n(2) The Minister may impose such charges for the provision of the\ninformation or advice under subsection (1) as are prescribed.\n","sortOrder":119},{"sectionNumber":"81","sectionType":"section","heading":"Use of bore where costs borne by Territory","content":"81 Use of bore where costs borne by Territory\n(a) the person uses a bore; and\n(b) the costs of the bore have been borne by the Territory,\nwhether before or after the commencement of this Act, and\nthe person is reckless in relation to that circumstance; and\n(c) the person is not authorised under this Act to use the bore.\n(1A) Strict liability applies to subsection (1)(a) and (c).\n(2) Subject to this Act, the Minister may approve the use of a bore the\ncosts of which have been borne by the Territory, either absolutely\nor subject to such conditions, if any, relating to payment or\notherwise as the Minister thinks fit.\n","sortOrder":120},{"sectionNumber":"82","sectionType":"section","heading":"No liability for information or advice","content":"82 No liability for information or advice\nNo liability shall attach to, and no costs shall be borne by, the\nController, the Territory or an authorised officer in respect of any\nloss caused by or resulting from information or advice under\nDivision 2.\n\nWater Act 1992 73\n","sortOrder":121},{"sectionNumber":"83","sectionType":"section","heading":"Duty to comply with Act and directions","content":"83 Duty to comply with Act and directions\nNothing in this Part shall be construed as permitting a person to\nconstruct or use works otherwise than in accordance with such:\n(a) licences, permits or consents as are required under this Act\nfor the construction or use of those works; or\n(b) lawful directions, if any, as are given by the Minister or\nController in relation to such works.\n","sortOrder":122},{"sectionNumber":"Part 9","sectionType":"part","heading":"Fees and charges","content":"Part 9 Fees and charges\n","sortOrder":123},{"sectionNumber":"84","sectionType":"section","heading":"Recovery of unpaid fees and charges","content":"84 Recovery of unpaid fees and charges\nA fee or charge imposed under this Act that remains unpaid for\n30 days after the date on which payment is due is a debt due and\npayable to the Territory and may be recovered in a court of\ncompetent jurisdiction.\n","sortOrder":124},{"sectionNumber":"84A","sectionType":"section","heading":"Actions that may be taken if fee or charge unpaid","content":"84A Actions that may be taken if fee or charge unpaid\nIf a fee or charge imposed under this Act remains unpaid for more\nthan 30 days after the date on which payment is due, any one or\nmore of the following actions may be taken until the full amount of\nthe fee or charge is paid or recovered:\n(a) the Controller may suspend a permit or licence granted under\nthis Act, other than a permit granted under section 36;\n(b) the Minister may suspend a permit granted under section 36;\n(c) the Controller or Minister may:\n(i) cease to provide a service to which the unpaid fee or\ncharge relates; or\n(ii) cease or refuse to provide any other service under this\nAct to a person to whom, or to any land in respect of\nwhich, the fee or charge relates.\n","sortOrder":125},{"sectionNumber":"86","sectionType":"section","heading":"Interpretation","content":"86 Interpretation\nIn this Part licence means a licence, permit or consent.\n\nWater Act 1992 74\n","sortOrder":126},{"sectionNumber":"87","sectionType":"section","heading":"Compensation and liability","content":"87 Compensation and liability\n(1) If in the performance of the Minister's duty under section 34\ndamage is caused to land, the Territory must pay to the owner or\nthe occupier of the land, as the case requires, such amount, if any,\nas is determined by the Minister to be the amount of the damage.\n(2) Except as provided by subsection (1), but subject to section 107,\nthe Territory shall not be liable to pay compensation to a person as\na result of the operation of, or of the due exercise of a power,\nfunction, authority or discretion conferred by, this Act.\n(3) Where in the exercise of a power conferred by a permit granted\nunder section 36 damage is caused to land, the holder of the permit\nis liable to pay compensation for the damage to the owner or\noccupier of the land, as the case requires.\n(4) For the purpose of this section, damage to land includes loss\nsuffered as a result of:\n(a) deprivation of the possession of the surface of the land;\n(b) damage to the surface of the land or to improvements on the\nland;\n(c) damage to a crop on the land;\n(d) damage to stock on the land; and\n(e) all consequential damage.\n","sortOrder":127},{"sectionNumber":"88","sectionType":"section","heading":"Minister's power to require things to be done in relation to","content":"88 Minister's power to require things to be done in relation to\nwater or waste\n(1) The Minister may, by Gazette notice or written notice served on a\nperson, require persons of a class specified in the notice, or the\nperson on whom the notice is served, to do the following things as\nspecified in the notice:\n(a) in relation to the investigation, use, control, protection,\nmanagement or administration of water or in relation to waste:\n(i) keep and maintain records; and\n(ii) install, operate and maintain equipment; and\n(iii) provide information to a person;\n(b) take or dispose of samples of water or waste;\n\nWater Act 1992 75\n(c) submit samples of water or waste to a person or member of a\nclass of persons for analysis.\n(2) Anything required to be done under subsection (1) is done at the\nexpense of the person to whom the notice applies unless the\nMinister otherwise directs.\n(b) the conduct contravenes a requirement of a notice under\n(4) Strict liability applies to subsection (3)(b).\n","sortOrder":128},{"sectionNumber":"88A","sectionType":"section","heading":"Minister may issue action notice","content":"88A Minister may issue action notice\n(1) The Minister may issue a notice (an action notice) to an owner or\noccupier of land if the Minister believes on reasonable grounds that\nit is reasonably necessary or expedient for the owner or occupier to\ntake an action mentioned in subsection (2) to enable any of the\n(a) the performance of the Minister's functions in relation to the\ninvestigation, use, control, protection or management of water\non, under or adjacent to the land specified in the notice;\n(b) the administration of the rights of the Territory under section 9\nin relation to water on, under or adjacent to the land specified\nin the notice.\n(2) An action notice may require the owner or occupier of land to do\nany of the following:\n(a) carry out or stop carrying out an activity on the land specified\nin the notice;\n(b) construct or remove works on the land specified in the notice;\n(c) take any other reasonable action in relation to the land that is\nrequired for the purpose for which the action notice is issued.\n(3) An action notice must:\n(a) be in writing; and\n(b) specify the action the Minister requires the owner or occupier\nto take; and\n\nWater Act 1992 76\n(c) specify the time within which the owner or occupier must take\nthe action, which must be reasonable.\n","sortOrder":129},{"sectionNumber":"88B","sectionType":"section","heading":"Failure to comply with action notice","content":"88B Failure to comply with action notice\n(a) is issued an action notice; and\n(b) fails to comply with the notice.\n","sortOrder":130},{"sectionNumber":"88C","sectionType":"section","heading":"Minister may take action and recover costs","content":"88C Minister may take action and recover costs\n(1) If a person to whom an action notice is issued fails to comply with\nthe notice, the Minister may take the action required by the notice\nand any reasonable expenses incurred are payable by the person\nas a debt due to the Territory.\n(2) The Minister must give the person a notice stating the amount of\nthe reasonable expenses incurred.\n","sortOrder":131},{"sectionNumber":"88D","sectionType":"section","heading":"Controller's power to require things to be done in relation to","content":"88D Controller's power to require things to be done in relation to\nwater or waste\n(1) The Controller may, in connection with the performance of the\nController's functions under this Act, by written notice served on a\nperson, require the person to do any of the following things as\nspecified in the notice:\n(a) in relation to the investigation, use, control, protection,\nmanagement or administration of water or in relation to waste:\n(i) keep and maintain records; and\n(ii) install, operate and maintain equipment; and\n(iii) provide information to a person;\n(b) take or dispose of samples of water or waste;\n\nWater Act 1992 77\n(c) submit samples of water or waste to a person or member of a\nclass of persons for analysis.\n(2) Anything required to be done under subsection (1) is done at the\nexpense of the person on whom the notice is issued unless the\nController otherwise directs.\n(3) A requirement in a notice under subsection (1) must not be\ninconsistent with a notice applying to the person under section 88\nand, to the extent of any inconsistency, the requirements in a notice\nunder section 88 prevail.\n(b) the conduct contravenes a requirement in a notice under\n(5) Strict liability applies to subsection (4)(b).\n","sortOrder":132},{"sectionNumber":"89","sectionType":"section","heading":"Misleading information","content":"89 Misleading information\n(a) the person intentionally gives information to another person\n(the recipient); and\n(b) the information is misleading and the person has knowledge of\nthat circumstance; and\n(c) the recipient is acting in an official capacity and the person\nhas knowledge of that circumstance.\n(a) the person intentionally gives a document to the recipient; and\n(b) the document contains misleading information and the person\nhas knowledge of that circumstance; and\n(c) the recipient is acting in an official capacity and the person\nhas knowledge of that circumstance.\n\nWater Act 1992 78\nsubsection (2) if the person, when giving the document:\n(a) draws the misleading aspect of the document to the recipient's\nattention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe recipient the information necessary to remedy the\nmisleading aspect of the document.\n(4) In this section:\nacting in an official capacity, in relation to a recipient, means the\nrecipient is exercising powers or performing functions under, or\notherwise related to the administration of, this Act.\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n","sortOrder":133},{"sectionNumber":"90","sectionType":"section","heading":"Factors to be considered","content":"90 Factors to be considered\n(1AA) This section applies in relation to the following decisions of the\nController:\n(a) a decision to grant, amend or modify a permit, licence or\nconsent under section 41, 57, 63, 65, 67, 74 or 93(1), other\nthan an amendment or modification to a permit, licence or\nconsent that is an administrative amendment;\n(b) a decision to renew a permit or licence under section 93A(4);\n(c) a water extraction licence decision;\n(d) a decision to approve the transfer of an entitlement to take\nwater under a licence.\n(1) In making a decision to which this section applies, the Controller\nmust take into account any of the following factors that are relevant\nto the decision:\n(a) the availability of water in the area in question;\n(ab) any water allocation plan applying to the area in question;\n(b) the existing and likely future demand for water for domestic\npurposes in the area in question;\n\nWater Act 1992 79\n(c) any adverse effects likely to be created as a result of activities\nunder the permit, licence or consent on the supply of water to\nwhich any person other than the applicant is entitled under this\nAct;\n(d) the quantity or quality of water to which the applicant is or may\nbe entitled from other sources;\n(e) the designated beneficial uses of the water and the quality\ncriteria pertaining to the beneficial uses;\n(f) the provisions of any agreement made by or on behalf of the\nTerritory with a State of the Commonwealth concerning the\nsharing of water;\n(g) existing or proposed facilities on, or in the area of, the land in\nquestion for the retention, recovery or release of drainage\nwater, whether surface or sub-surface drainage water;\n(h) the adverse effects, if any, likely to be created by such\ndrainage water resulting from activities under the licence on\nthe quality of any other water or on the use or potential use of\nany other land;\n(j) the provisions under the Planning Act 1999 relating to the\ndevelopment or use of land in the area in question;\n(k) other factors the Controller considers should be taken into\naccount or that the Controller is required to take into account\nunder any other law in force in the Territory.\napplicant includes the person to whom a permit, licence or consent\nis or is to be granted when the Controller acts on the Controller's\nown initiative without an application having been made.\n","sortOrder":134},{"sectionNumber":"91","sectionType":"section","heading":"Agreement with State","content":"91 Agreement with State\nA licence must not be granted under this Act if the grant would be\ncontrary to an agreement made by or on behalf of the Territory with\na State of the Commonwealth concerning the sharing of water.\n\nWater Act 1992 80\n","sortOrder":135},{"sectionNumber":"92","sectionType":"section","heading":"Transfer of permit or licence","content":"92 Transfer of permit or licence\nIf a permit or licence is granted to a person in relation to the\nperson's interest in land and that interest is transferred to another\nperson during the period of the permit or licence, the permit or\nlicence:\n(a) is taken to have been transferred to the other person when the\ninterest in the land is transferred; and\n(b) continues in effect as if it had originally been granted to the\nother person.\n","sortOrder":136},{"sectionNumber":"93","sectionType":"section","heading":"Power to amend, modify or revoke permit or licence","content":"93 Power to amend, modify or revoke permit or licence\n(1) Subject to subsections (3) and (4), the Controller may, during the\ncurrency of a permit or licence, by notice served on the holder of\nthe permit or licence, amend or modify its terms and conditions in\nsuch manner as is specified in the notice.\n(2) Without limiting the Controller's powers under subsection (1), but\nsubject to subsection (3), where the Controller is satisfied that the\nholder of the permit or licence has contravened or failed to comply\nwith a term or condition of the permit or licence or of any other\npermit or licence previously held by the person for a similar purpose\nduring the 12 months immediately preceding the grant of the first-\nmentioned permit or licence, the Controller may, by notice served\non the holder of the permit or licence:\n(a) revoke the permit or licence; or\n(b) suspend the permit or licence for such period as is specified in\nthe notice.\n(3) Where an order is made by the Supreme Court under section 5 of\nthe Environment Protection (Northern Territory Supreme Court)\nAct 1978 of the Commonwealth, the Controller shall revoke,\nsuspend, modify or alter the permit or licence of the holder affected\nby the order in such manner as is necessary to give effect to the\norder.\n(4) The Controller must not amend the terms and conditions of a permit\nor licence under subsection (1) in a manner that will result in an\nincrease in the total quantity of water permitted to be taken.\n(5) This section does not apply in relation to an amendment to one or\nmore water licences under section 71AB.\n\nWater Act 1992 81\n","sortOrder":137},{"sectionNumber":"93A","sectionType":"section","heading":"Renewal of permit or licence","content":"93A Renewal of permit or licence\n(1) The holder of a permit or licence may apply to the Controller for\nrenewal of the permit or licence.\n(2) The application must be made in accordance with the regulations.\n(3) The Controller must renew the permit or licence if the Controller is\nsatisfied:\n(a) there has been no material change to the circumstances on\nwhich the permit or licence was originally granted; and\n(b) the holder of the permit or licence has substantially complied\nwith the terms of the permit or licence.\n(4) If subsection (3) does not apply to a permit or licence, the Controller\nmay renew the permit or licence or refuse to renew the permit or\nlicence.\n(5) The renewal of a permit or licence under this section:\n(a) is to be for a further period as permitted under this Act and\nthat is specified in the renewal of the permit or licence; and\n(b) is otherwise on the same terms and conditions as the original\npermit or licence.\n","sortOrder":138},{"sectionNumber":"94","sectionType":"section","heading":"Power to surrender licence","content":"94 Power to surrender licence\nThe holder of a licence may, at any time, surrender the licence.\n","sortOrder":139},{"sectionNumber":"95","sectionType":"section","heading":"Registers","content":"95 Registers\n(1) The Controller must keep one or more registers of licenses granted\nunder this Act.\n(2) Each register must:\n(a) be publicly available on the Agency's website; and\n(b) contain any information required by the Regulations.\n(3) The Controller may keep information about a licence in the register\nfrom being publicly available if satisfied, on application by the\nholder of the licence, that it is justified on the grounds of\ncommercial confidentiality.\n\nWater Act 1992 82\n","sortOrder":140},{"sectionNumber":"96","sectionType":"section","heading":"Emergency powers to limit rights to take water","content":"96 Emergency powers to limit rights to take water\n(1) If water is taken or available to be taken under section 10, 11 or 14,\nthe Minister may, by notice, do any of the following as the Minister\nconsiders appropriate:\n(a) specify the places from which, the manner in which and the\ntimes at which water may or may not be taken;\n(b) in times of actual or likely shortage of water – fix the amount of\nwater which may be taken and the purposes for which water\nmay be taken;\n(c) temporarily or permanently prohibit taking water from a source\nwhen, in the opinion of the Minister, taking water would be\ndangerous to health.\n(2) Despite anything in this Act or any other law of the Territory, the\nMinister may, by notice, do any of the following as the Minister\nconsiders appropriate:\n(a) in times of actual or likely shortage of water – regulate, restrict\nor prohibit the doing of an act under a licence;\n(b) temporarily or permanently prohibit the doing of an act under a\nlicence if, in the opinion of the Minister, the doing of the act\nwould be dangerous to health.\n(3) A person commits an offence if the person contravenes a notice\nmade under subsection (1) or (2).\n(4) An offence against subsection (3) is an offence of strict liability.\n(5) For subsection (3), it is immaterial if the contents of the notice are\ninconsistent with or contrary to a term or condition of a licence,\npermit or other authorisation granted under this or another Act.\n(6) It is a defence to a prosecution for an offence against\nsubsection (3) if the defendant contravened a notice for the\nreasonable protection of life or property.\n(7) It is also a defence to a prosecution for an offence against\nsubsection (3) if the defendant took reasonable steps and exercised\n(8) The defendant has a legal burden of proof in relation to a matter\nmentioned in subsection (6) or (7).\n\nWater Act 1992 83\n(9) In this section:\nby notice means any of the following:\n(a) by Gazette notice;\n(b) by notice in a newspaper circulating in the area to which the\nnotice relates;\n(c) by notice by radio or television;\n(d) by notice served on the owner or occupier of land to which the\nnotice relates.\n","sortOrder":141},{"sectionNumber":"97","sectionType":"section","heading":"Emergency powers to control pollution","content":"97 Emergency powers to control pollution\n(1) Notwithstanding anything in this Act or any other law in force in the\nTerritory, the Minister may, in circumstances which the Minister\nconsiders to constitute an emergency, by notice in writing served on\na person and in relation to the period specified in the notice:\n(a) authorise the person, subject to such conditions, if any, as are\nspecified in the notice, to discharge into water, or to place in or\non land, such waste as is specified in the notice; or\n(b) prohibit the person from discharging into water, or from\nplacing on land, such waste as is specified in the notice either\nabsolutely or otherwise than in accordance with the\nconditions, if any, specified in the notice.\n(2) A person who discharges waste into water or places waste on land\nin accordance with a notice under subsection (1) is not guilty of an\noffence against this Act by reason only of so doing.\n(3) A person who discharges waste into water or places waste on land\nin contravention of a notice under subsection (1) is guilty of an\noffence notwithstanding that the contents of the notice differ from,\nare inconsistent with or are contrary to a term or condition to which\na licence granted, consent issued, or an agreement made, under\nthis or any other Act is subject.\n(3A) An offence against subsection (3) is an environmental offence\n(4) The Minister may, in circumstances the Minister considers\nconstitute an emergency, take the action that the Minister considers\nnecessary for the prevention, abatement or mitigation of water\n\nWater Act 1992 84\npollution and may recover the reasonable cost of so doing as a debt\ndue and payable to the Territory by the person whose action or\nomission caused, or was one of the causes of, that pollution.\n","sortOrder":142},{"sectionNumber":"98","sectionType":"section","heading":"Destruction of works","content":"98 Destruction of works\n(b) the conduct results in:\n(i) works constructed or used, under a licence granted or\npower given under this Act, being damaged or\ndestroyed; or\n(ii) benefits required or derived from those works being\ndiminished.\n","sortOrder":143},{"sectionNumber":"99","sectionType":"section","heading":"Interference with rights","content":"99 Interference with rights\n(b) the conduct results in materially diminishing another person's\nenjoyment of:\n(i) a right mentioned in section 10, 11 or 14; or\n(ii) a licence granted, power given or arrangement made\nunder this Act; and\n(c) the person is reckless in relation to the result mentioned in\nparagraph (b).\n(b) the conduct results in interference with the performance of an\nact authorised under section 97; and\n\nWater Act 1992 85\n(c) the person is reckless in relation to the result mentioned in\nparagraph (b).\n","sortOrder":144},{"sectionNumber":"100","sectionType":"section","heading":"Wasting water","content":"100 Wasting water\n(b) the conduct results in:\n(i) more water being used than is reasonably necessary for\nthe immediate purpose for which the water is taken; or\n(ii) an unnecessary or excessive flow or flood of water; or\n(iii) water being taken without adequate control or\nsupervision of its taking.\n","sortOrder":145},{"sectionNumber":"101","sectionType":"section","heading":"Obstruction of authorised officer","content":"101 Obstruction of authorised officer\n(a) the person intentionally obstructs another person; and\n(b) the other person is an authorised officer; and\n(c) the authorised officer is acting in an official capacity and the\nperson has knowledge of that circumstance.\nacting in an official capacity, in relation to an authorised officer,\nmeans the officer is exercising powers or performing functions\nunder, or otherwise related to the administration of, this Act.\nobstruct includes hinder, resist, delay and threaten.\n\nWater Act 1992 86\n","sortOrder":146},{"sectionNumber":"102","sectionType":"section","heading":"Liability of occupier","content":"102 Liability of occupier\n(1) An occupier of land must take reasonable steps and exercise due\ndiligence, having regard to the nature and extent of the occupation,\nto prevent an offence under this Act occurring on the land.\n(2) An occupier of land is taken to have committed a relevant offence if:\n(a) a person (the offender) commits a relevant offence; and\n(b) the offence occurs wholly or partly:\n(i) on or below the surface of the land or part of the land; or\n(ii) on or in a waterway that is immediately adjacent to the\nland; or\n(iii) on or in the bed or banks of a waterway that is\nimmediately adjacent to the land.\n(3) It is a defence to a prosecution for an offence taken to have been\ncommitted under subsection (2) if the defendant took reasonable\nsteps and exercised due diligence to prevent the commission of the\noffence.\n(5) This section does not affect the liability of the offender.\n(6) This section applies whether or not the offender is prosecuted for,\nor found guilty of, the relevant offence.\nrelevant offence means an offence against section 40(1), 42(1),\n44(1), 46(1), 56(1), 58(1), 59(1), 61(1), 66(1) or 68(1).\n","sortOrder":147},{"sectionNumber":"102A","sectionType":"section","heading":"Liability of owner","content":"102A Liability of owner\n(1) For section 102, an owner of land is taken to be an occupier of the\nland unless the owner proves that at the time the offence was\ncommitted:\n(a) the owner was not an occupier of the land; and\n(b) the occupier was not an associated person of the owner.\n\nWater Act 1992 87\n(2) The defendant has a legal burden of proof in relation to a matter\nmentioned in subsection (1).\nassociated person means an employee, agent, licensee,\ncontractor or subcontractor.\n","sortOrder":148},{"sectionNumber":"102B","sectionType":"section","heading":"Criminal liability of executive officer of body corporate","content":"102B Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if:\n(a) the body corporate commits an offence by contravening a\ndeclared provision (a relevant offence) and the officer was\nreckless about whether the contravention would happen; and\n(b) the officer was in a position to influence the conduct of the\nbody corporate in relation to the contravention; and\n(c) the officer recklessly failed to take reasonable steps to prevent\nthe contravention.\non an individual for the relevant offence.\n(3) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the officer took when the officer became aware that\nthe contravention was, or could be, about to happen.\n\nWater Act 1992 88\n(4) Subsection (3) does not limit the matters the court may consider.\n(5) This section does not affect the liability of the body corporate.\n(6) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\ndeclared provision means:\n(a) section 40(1), 42(1), 44(1), 46(1), 56(1), 58(1), 59(1), 61(1),\n66(1) or 68(1); or\n(b) a provision of the Regulations prescribed by regulation.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":149},{"sectionNumber":"102C","sectionType":"section","heading":"Criminal liability of executive officer of body corporate – legal","content":"102C Criminal liability of executive officer of body corporate – legal\nburden of proof on defence\n(1) An executive officer of a body corporate commits an offence if the\nbody corporate commits an offence by contravening a declared\nprovision (a relevant offence).\non an individual for the relevant offence.\n(2) An offence against subsection (1) is an offence of absolute liability.\nsubsection (1) if the defendant:\n(a) was not in a position to influence the conduct of the body\ncorporate in relation to the contravention; or\n(b) took reasonable steps to prevent the contravention; or\n(c) did not know, and could not reasonably have been expected\nto know, that the contravention would happen.\n\nWater Act 1992 89\n(5) In deciding whether the defendant took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the defendant took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the defendant took when the defendant became\naware that the contravention was, or could be, about to\nhappen.\n(6) Subsection (5) does not limit the matters the court may consider.\n(7) This section does not affect the liability of the body corporate.\n(8) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(9) In this section:\ndeclared provision means:\n(a) section 40(3), 44(2), 56(2), 59(2) or 66(2); or\n(b) a provision of the Regulations prescribed by regulation.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":150},{"sectionNumber":"102D","sectionType":"section","heading":"Liability of joint approval holder","content":"102D Liability of joint approval holder\n(1) If a joint holder of an approval commits an offence against this Act\ninvolving contravention of the approval, each other joint holder of\nthe approval is taken to have committed the offence.\n\nWater Act 1992 90\n(2) It is a defence to a prosecution for an offence taken to have been\ncommitted under subsection (1) if the defendant took reasonable\nsteps and exercised due diligence to prevent the commission of the\noffence.\n(3) The defendant has a legal burden of proof in relation to a matter\nmentioned in subsection (2).\n(4) In this section:\napproval means a licence, permit or other authorisation granted\nunder this Act.\n","sortOrder":151},{"sectionNumber":"103","sectionType":"section","heading":"Evidentiary","content":"103 Evidentiary\n(1) In a proceeding for an offence against this Act, an allegation in a\ncomplaint that:\n(a) a person is an authorised officer;\n(b) a person is the owner or occupier of land specified in the\ncomplaint; or\n(c) a person is or at a particular time was, or was not, the holder\nof a permit, licence or consent,\nis prima facie evidence of that fact.\n(2) A document purporting to be, or to set out the contents of, a permit,\nlicence, consent or notice under this Act and purporting to be\nsigned by the Minister, the Controller or an authorised officer is\nadmissible and is prima facie evidence of the contents of the\npermit, licence, consent or notice.\n(3) In an action brought to recover a fee or charge payable under this\nAct, a certificate purporting to be signed by the Minister, the\nController or an authorised officer to the effect that the amount of\nthe fee or charge is due and payable is prima facie evidence of that\nfact.\n(4) In a proceeding for an offence against this Act, an averment in the\ncomplaint that the defendant was, at the relevant time, the\nemployee or agent, or an officer (within the meaning of\nsection 101), of a body corporate is prima facie evidence that the\ndefendant held at that time that office or status.\n","sortOrder":152},{"sectionNumber":"104","sectionType":"section","heading":"Definition of maximum default penalty","content":"104 Definition of maximum default penalty\n(1) Where in, or at the foot of, a section or part of a section there\nappears the expression maximum default penalty, it signifies that\n\nWater Act 1992 91\na person who is found guilty of an offence against this Act in\nrelation to that section or part is guilty of a further offence against\nthis Act if the offence continues after a complaint alleging the\ncommission of that offence has been issued and is liable to an\nadditional penalty for each day during which the offence so\ncontinues of not more than the amount expressed in the section or\npart as the amount of the maximum default penalty.\n(2) Where an offence is committed by a person by reason of the\nperson's failure to comply with a provision of this Act by or under\nwhich the person is required or directed to do something within a\nparticular period or by a particular time, that offence, for the\npurposes of subsection (1), shall be deemed to continue so long as\nthe thing so required or directed to be done by the person remains\nundone, notwithstanding that the period has elapsed or time has\npassed.\n","sortOrder":153},{"sectionNumber":"104A","sectionType":"section","heading":"Continuing offence","content":"104A Continuing offence\n(1) This section applies if a court has found a person guilty of an\noffence against this Act.\n(2) The court may, in addition to any penalty imposed for the offence,\nimpose a penalty not more than one-tenth of the maximum penalty\nprescribed for that offence for each day during which the offence\ncontinues after the day the offence is charged.\n(3) If the offence continues after the person is found guilty, the court\nmay:\n(a) find the person guilty of a further offence; and\n(b) in addition to any penalty imposed for the further offence –\nimpose a penalty not more than one-tenth of the maximum\npenalty prescribed for that offence for each day during which\nthe offence continues after the day the person was first found\nguilty.\n(4) If an offence consists of an omission to do something that is\nrequired to be done, the omission will be taken to continue for as\nlong as the thing required to be done remains undone after the end\nof the period for compliance with the requirement.\n\nWater Act 1992 92\n","sortOrder":154},{"sectionNumber":"105","sectionType":"section","heading":"Proceedings for offences","content":"105 Proceedings for offences\n(1) A prosecution for an offence against this Act must be commenced\nwithin 12 months after the later of:\n(a) the date on which the offence was committed; or\n(b) the date on which evidence of the offence first came to the\nattention of the Controller or an authorised officer.\n(1A) Proceedings for an offence against section 40, 42, 44, 46, 48, 50,\n53, 55, 56, 58, 59, 61, 62, 64, 65, 66, 68, 71, 71L, 76 or 88D must\nnot be commenced without the approval of the Controller.\n(2) A document purporting to record the consent of the Controller to\nproceedings for an offence against this Act and to be signed by the\nController is admissible and is prima facie evidence of the\nController's consent to the commencement of the proceedings.\n","sortOrder":155},{"sectionNumber":"105A","sectionType":"section","heading":"Alternative verdicts","content":"105A Alternative verdicts\n(1) In a proceeding for an environmental offence level 1 against a\nfound guilty alternatively of an environmental offence level 2, or an\nenvironmental offence level 3, that is an offence against that same\nsection.\n(2) In a proceeding for an environmental offence level 2 against a\nfound guilty alternatively of an environmental offence level 3 that is\nan offence against that same section.\n(3) In a proceeding for an environmental offence level 3 against a\nfound guilty alternatively of an environmental offence level 4 that is\nan offence against that same section.\n","sortOrder":156},{"sectionNumber":"105B","sectionType":"section","heading":"Additional orders on finding of guilt","content":"105B Additional orders on finding of guilt\nIf a person is found guilty of an offence against this Act, the court\nmay, in addition to any penalty that it may impose, and to any other\norder that it may make under this or another Act, make any of the\nfollowing orders:\n(a) an order requiring the person to take an action to rectify or\nmitigate the consequences of the offence;\n(b) an order requiring the person to take an action or to cease\ntaking action that is continuing the offence or exacerbating the\nconsequences of the offence;\n\nWater Act 1992 93\n(c) an order that the person pay to the Territory an amount\ndetermined by the court to be equal to a fair assessment or\nestimate of the financial benefit that the person, or an\nassociate of the person, has gained, or can reasonably be\nexpected to gain, as a result of the commission of an offence\nagainst this Act.\n","sortOrder":157},{"sectionNumber":"105C","sectionType":"section","heading":"Sentencing matters","content":"105C Sentencing matters\n(1) When imposing a penalty on a person for an offence against this\nAct, the court must have regard to the following to the extent that\nthey are relevant:\n(a) the impact of the offence on other persons' rights under this\nAct;\n(b) the market value of any water that has been lost, misused or\nunlawfully taken because of the commission of the offence;\n(c) the extent of the harm caused or likely to be caused to the\nenvironment by the commission of the offence;\n(d) the practical measures that may be taken to prevent, control,\nabate or mitigate that harm;\n(e) the extent to which the person could reasonably have\nforeseen the harm caused or likely to be caused to the\nenvironment by the commission of the offence;\n(f) the extent to which the person had control over the causes of\nthe offence;\n(g) the person's intentions in committing the offence;\n(h) whether, in committing the offence, the person was complying\nwith orders from an employer or supervising employee.\n(2) Subsection (1) does not limit the matters the court may consider.\n","sortOrder":158},{"sectionNumber":"105D","sectionType":"section","heading":"Review by NTCAT","content":"105D Review by NTCAT\n(1) NTCAT has jurisdiction to review a decision (a reviewable\ndecision) specified in Schedule 2.\n(2) An affected person, for a reviewable decision, is a person\nspecified in Schedule 2 for the decision.\n\nWater Act 1992 94\n(3) An affected person for a reviewable decision may apply to NTCAT\nfor review of the decision.\nNote for section 105D\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to NTCAT for review and other relevant matters in relation\nto reviews.\n","sortOrder":159},{"sectionNumber":"106","sectionType":"section","heading":"Service of document","content":"106 Service of document\n(1) Where an application, notice or other document is permitted or\nrequired by this Act to be served on the owner or occupier of land\nheld by an Aboriginal Land Trust for an estate in fee simple\npursuant to the Aboriginal Land Rights (Northern Territory)\nAct 1976 of the Commonwealth, service may be effected by serving\nthe application, notice or other document on the Aboriginal Land\nTrust and a copy thereof on the Aboriginal Land Council for the\narea in which the land is situated.\n(2) An application, notice or other document permitted or required by\nthis Act to be given or served on a person may be given or served\nby:\n(a) delivering it to that person; or\n(b) leaving it at the person's usual or last-known place of\nresidence or business with some person who has apparently\nattained the age of 16 years; or\n(c) sending it by registered mail addressed to the person at the\nperson's usual or last-known place of residence or business or\npostal address; or\n(d) sending it by email to an email address notified to the sender\nby the person as an address at which service of documents\nunder this Act will be accepted.\n(3) An application, notice or other document permitted or required by\nthis Act to be given to or served on a person may, in addition to any\nother method provided by the Corporations Act 2001, if the person\nis a body corporate, be given or served by:\n(a) delivering it to the manager or secretary of the body corporate;\nor\n\nWater Act 1992 95\n(b) leaving it at the office or place of business of the body\ncorporate with some person who has apparently attained the\nage of 16 years; or\n(c) sending it by registered mail to the body corporate at its office\nor place of business or postal address; or\n(d) sending it by email to an email address notified to the sender\nby the person as an address at which service of documents\nunder this Act will be accepted.\n(4) Where an application, notice or other document is permitted or\nrequired by this Act to be given to or served on a person whose\naddress is unknown, it may be given or served by publishing it, or a\nnotice substantially to the same effect, in the Gazette.\n","sortOrder":160},{"sectionNumber":"107","sectionType":"section","heading":"Just compensation to be paid","content":"107 Just compensation to be paid\nTo the extent that the operation of this Act or the due exercise or\nperformance of a power, function, authority or discretion conferred\nby this Act constitutes an acquisition of property within the meaning\nof section 50 of the Northern Territory (Self-Government) Act 1978\nof the Commonwealth, the property shall be acquired on just terms.\n","sortOrder":161},{"sectionNumber":"108","sectionType":"section","heading":"Regulations","content":"108 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) Without limiting the generality of subsection (1), the Regulations\nmay:\n(a) prescribe forms or provide for them to be approved by the\nMinister or the Controller; and\n(b) prescribe charges or fees in connection with the issuing of a\npermit, licence or consent or the supply of water or the\nprovision of a service, including charges by way of contribution\nto the capital costs of works associated with the supply of\nwater or provision of services, and provide for the recovery of\nthose charges or fees; and\n(c) prescribe and provide for charges for taking a quantity of\nwater exceeding that specified in the terms or conditions of a\nlicence, and the recovery of those charges; and\n\nWater Act 1992 96\n(d) prescribe and provide for the classification of water by\nreference to its quantity, quality or possible use; and\n(e) provide for the prevention of the propagation of, or the\neradication or control of, a plant likely to obstruct a waterway\nor otherwise injuriously affect water; and\n(f) regulate or prohibit a matter or thing in connection with the\ncollection, storage, disposal, dispersion or discharge of water\nor waste; and\n(g) prohibit, regulate or control access to, along or over, or the\nuse of, water or water of a class of water for recreational\npurposes and impose fees or charges relating thereto; and\n(h) prescribe the powers and functions of an Advisory Committee,\neither generally or in a particular area or in relation to a\nparticular purpose; and\n(j) prescribe different types of licences which may be granted\nunder section 49 and the qualifications which applicants for\neach type of licence must possess; and\n(k) prescribe the permits, licences (except a water extraction\nlicence or a licence under Part 6B) or consents the\napplications for which must be advertised or notified and the\nmanner in which they should be advertised, the information to\nbe provided in the advertisement and the person on whom\nparticular notice should be served; and\n(m) prescribe those permits, licences (except a water extraction\nlicence or a licence under Part 6B) or consents against the\nproposed granting or granting of which objections may be\nlodged and the persons or classes of persons who may lodge\nsuch objections, and the manner in which, and persons by\nwhom, such objections shall be heard, otherwise considered\nor dealt with; and\n(ma) prescribe the circumstances, procedure and requirements for\nlicence applications to which section 71M applies; and\n(mb) prescribe the procedure and requirements for licence\napplications to which section 71R applies; and\n(q) provide for the granting of:\n(i) a permit under section 41 or 57;\n(ii) a licence under section 45, 60, 63, 67 or 74; or\n\n","sortOrder":162},{"sectionNumber":"Part 12","sectionType":"part","heading":"Transitional matters for Statute Law Revision Act (No. 2) 1993, Water","content":"Part 12 Transitional matters for Statute Law Revision Act (No. 2) 1993, Water\nAmendment Act 2003 and Mineral Titles (Consequential Amendments) Act\nWater Act 1992 97\n(iii) a consent under section 65,\nto more than one person jointly; and\n(r) provide for the manner of making, and the consideration of,\njoint applications and of objections to joint applications; and\n(s) prescribe terms and conditions which govern the rights and\nduties of joint applicants between themselves; and\n(t) prescribe terms and conditions to which interests granted\njointly are subject; and\n(u) provide for the consequences of a failure by one or more joint\nholders to comply with a term or condition to which an interest\ngranted jointly is subject or with this Act; and\n(v) prescribe maximum penalties of 15 penalty units and\nmaximum default penalties of 2 penalty units for a\ncontravention of the Regulations; and\n(w) confer a function on Aboriginal Land Councils in relation to\nAboriginal water reserves.\nPart 12 Transitional matters for Statute Law Revision\nAct (No. 2) 1993, Water Amendment Act 2003\nand Mineral Titles (Consequential\nAmendments) Act 2010\n109 Transitional matters for Statute Law Revision Act (No. 2) 1993,\nWater Amendment Act 2003 and Mineral Titles (Consequential\nAmendments) Act 2010\n(1) Except as provided in this section, a licence issued under the\nControl of Waters Act 1938 and in force immediately before the\ncommencement of the relevant Part of this Act shall, on and from\nthat commencement and during the currency of that licence, have\neffect in all respects as if it were a licence for a like purpose granted\npursuant to that Part, and this Act, with the necessary changes,\napplies and has effect accordingly.\n(2) A person who immediately before the commencement of Part 7 was\nsubject to the requirements of a notice given pursuant to\nsection 16M of the Control of Waters Act 1938 shall, on and from\nthat commencement and during any period specified in the notice\nor, if no such period is specified, during a period of 12 months from\nthat commencement, be deemed to be the holder of a licence\n\nPart 12 Transitional matters for Statute Law Revision Act (No. 2) 1993, Water\nAmendment Act 2003 and Mineral Titles (Consequential Amendments) Act\nWater Act 1992 98\ngranted pursuant to that Part subject to the terms and conditions\nspecified in the notice, and this Act, with the necessary changes,\napplies and has effect accordingly.\n(3) Notwithstanding subsections (1) and (2), the Controller may at any\ntime, of his or her own motion, cancel and replace a licence or\nnotice issued, or permission granted, under the Control of Waters\nAct with a licence issued under this Act.\n(4) A person whose rights are continued by subsection (1) or (2) may\nat any time apply for a licence for a like purpose under this Act and\non and from the grant of any such licence the rights so continued\nshall cease to exist.\n(6) Where immediately before the commencement of Part 8 a person\nhad, in pursuance of the Water Supplies Development Act 1960 as\nthen in force or under the conditions to which an advance or advice\nunder that Act was subject, the right to drill a bore within any period\nextending beyond 30 June 1992, that right shall be deemed to\nextend only to 30 June 1992 and any documentation evincing the\nconditions shall be construed accordingly.\n(7) A certificate of registration granted under section 16H of the Control\nof Waters Act 1938 and in force immediately before the\ncommencement of Part 6 shall, on and from that commencement\nand, notwithstanding the period of the certificate, until\n31 December 1994, have effect as if it were a drilling licence\ngranted under section 49 of this Act and this Act, with the\nnecessary changes, applies and has effect accordingly.\n(8) For the purposes of section 48, a certificate of registration granted\nunder section 16H of the Control of Waters Act 1938 to a body\ncorporate by whom a person is employed and in force immediately\nbefore the commencement of Part 6 shall, on and from that\ncommencement and for the period of the certificate or for 12\nmonths after that commencement, whichever is the greater, or until\nthat person sooner ceases to be employed by that body corporate,\nbe deemed to be the drilling licence of that person and, subject to\nsubsection (9), this Act, with the necessary changes, applies and\nhas effect accordingly.\n(9) This Act applies to both the person and the body corporate referred\nto in subsection (8) and any act or omission by the person shall, for\nthe purposes of this Act, be deemed to be the act or omission of the\nbody corporate and vice versa.\n(10) A person who, immediately before the prescription of any works\npursuant to section 40, was the owner or occupier of land affected\n\n","sortOrder":163},{"sectionNumber":"Part 13","sectionType":"part","heading":"Transitional matters for Water Amendment Act 2007","content":"Part 13 Transitional matters for Water Amendment Act 2007\nWater Act 1992 99\nby such prescription on which prescribed works are situated and in\nrelation to which permission has been granted under section 12 of\nthe Control of Waters Act 1938 as in force at the time the\npermission was granted shall, on and from the date of such\nprescription, be deemed to have constructed such works in\npursuance of a permit granted under section 41 and this Act, with\nthe necessary changes, applies and has effect accordingly.\n(11) A reference in any law of the Territory to the Control of Waters\nAct 1938 or in any licence, permit, advice, authorisation or other\ndocument relating to powers, functions, authorities, discretions or\nduties conferred by or arising under that law shall, from the\ncommencement of this Act, be deemed to be a reference to this Act\nand this Act, with the necessary changes, applies and has effect\naccordingly.\n(12) A reference in a licence, permit, consent, declaration, agreement or\nother instrument granted, issued or made under this Act, as in force\nimmediately before the commencement of the Water Amendment\nAct 2003, to the beneficial use of manufacturing industry or\nriparian is taken to be a reference to the beneficial use of industry\nor rural stock and domestic respectively specified in\nsection 4(3)(f) or (g).\nPart 13 Transitional matters for Water Amendment\nAct 2007\n","sortOrder":164},{"sectionNumber":"110","sectionType":"section","heading":"Existing water extraction licence application","content":"110 Existing water extraction licence application\n(1) This section applies in relation to an application for the grant,\namendment or modification of a water extraction licence that is\nlodged with the Controller but not decided before the\ncommencement day (an existing application).\n(2) Subject to this section, Part 6A applies in relation to a decision of\nthe Controller about an existing application.\n(3) The Controller must publish a notice under section 71B about an\nexisting application within 7 days after the commencement day.\n(4) The Controller may publish a single notice under section 71B that\nrelates to more than one existing application and, if the Controller\ndoes so, the Agency must pay the costs of publication.\n(5) In this section:\ncommencement day means the day on which the Water\nAmendment Act 2007 commences.\n\nPart 15 Transitional matters for Water Legislation Amendment Act 2018\nWater Act 1992 100\nPart 14 Transitional matters for Water Amendment\nAct 2010\n111 Validation for actions before Water Amendment Act 2010\n(1) This section applies to a document (a purported licence) granted\nbefore the commencement of this section that purports to be a\nlicence granted under section 74(1) to the extent the document is\nnot a licence validly granted to carry out an action which would\notherwise be an offence against this Act by virtue of section 73.\n(2) Each of the following is declared for this Act and any other Act in\nrelation to a purported licence:\n(a) the grant of the purported licence is, and is taken to have\nalways been, a valid exercise of power by the Controller under\nsection 74(1);\n(b) if the period specified in the purported licence:\n(i) has not ended – the purported licence is a valid waste\ndischarge licence and is subject to the conditions\npurportedly applying to it immediately before the\ncommencement; or\n(ii) has ended – the purported licence was a valid licence\nunder section 74 and was subject to the conditions that\napplied to it from time to time.\ngranted includes amended and modified.\n","sortOrder":165},{"sectionNumber":"Part 15","sectionType":"part","heading":"Transitional matters for Water Legislation","content":"Part 15 Transitional matters for Water Legislation\nAmendment Act 2018\n","sortOrder":166},{"sectionNumber":"112","sectionType":"section","heading":"Definitions","content":"112 Definitions\ncommencement means the commencement of the Water\nLegislation Amendment Act 2018.\nformer Act means this Act as in force immediately before the\n\nPart 15 Transitional matters for Water Legislation Amendment Act 2018\nWater Act 1992 101\nhydraulic fracturing means the underground gas and oil extraction\nprocess involving the injection of fluids at high pressure into a\ngeological formation to induce fractures that conduct hydrocarbons\nfor extraction.\noffence provisions means the provisions of this Act that create or\nrelate to offences (including in relation to criminal responsibility,\ndefences and penalties).\ntransition period means the period of 6 months on and from the\n","sortOrder":167},{"sectionNumber":"113","sectionType":"section","heading":"Application to mining and petroleum activity","content":"113 Application to mining and petroleum activity\nThe former Act continues to apply in relation to a mining activity or\npetroleum activity if:\n(a) the activity is not related to hydraulic fracturing; and\n(b) the activity involves interfering with a waterway, taking surface\nwater, taking groundwater, bore work or recharging an aquifer;\nand\n(c) the activity is conducted in accordance with:\n(i) a mining management plan approved under the Mining\nManagement Act 2001; or\n(ii) an environment management plan approved under the\nPetroleum Act 1984; and\n(d) the activity started:\n(i) before the end of the transition period; or\n(ii) after the transition period, but the application for the\nmanagement plan was made before the end of the\ntransition period and was approved without change.\n","sortOrder":168},{"sectionNumber":"114","sectionType":"section","heading":"Licences, permits and other authorisations","content":"114 Licences, permits and other authorisations\n(1) A licence, permit or other authorisation granted before the\ncommencement continues in force until it expires or is surrendered\nor revoked.\n(2) A construction permit granted under section 41 of the former Act\ncontinues in force and is taken to be a permit to interfere with a\nwaterway mentioned in section 41.\n\n","sortOrder":169},{"sectionNumber":"Part 16","sectionType":"part","heading":"Transitional matters for Water Amendment Act 2019","content":"Part 16 Transitional matters for Water Amendment Act 2019\nWater Act 1992 102\n(3) A bore construction permit granted under section 57 of the former\nAct continues in force and is taken to be a permit to carry out bore\nwork mentioned in section 57.\nNote for section 114\nNo licences, permits or authorisations were granted for petroleum activity under\nthe former Act.\n","sortOrder":170},{"sectionNumber":"115","sectionType":"section","heading":"Offence provisions – before and after commencement","content":"115 Offence provisions – before and after commencement\n(1) The offence provisions, as amended by the Water Legislation\nAmendment Act 2018, apply only in relation to offences committed\nafter the commencement.\n(2) The offence provisions, as in force before the commencement,\ncontinue to apply in relation to offences committed before the\n(3) For this section, if any of the conduct constituting an offence\noccurred before commencement, the offence is taken to have been\ncommitted before commencement.\n","sortOrder":171},{"sectionNumber":"116","sectionType":"section","heading":"Saving of exemption and declaration","content":"116 Saving of exemption and declaration\n(1) The exemption made under section 15(6) of the former Act and\npublished in Gazette No. S35 of 30 June 1992 continues in force as\nif it had been made and published in the Gazette under\nsection 40(10).\n(2) The declaration made under section 44(3) of the former Act and\npublished in Gazette No. S63 of 6 July 2016 continues in force as if\nit had been made and published in the Gazette under section 44(8).\nPart 16 Transitional matters for Water Amendment\nAct 2019\n","sortOrder":172},{"sectionNumber":"117","sectionType":"section","heading":"Application of section 60A","content":"117 Application of section 60A\nSection 60A applies in relation to an application under section 60(1)\nthat was made but not decided by the Controller before the\ncommencement of section 9 of the Water Amendment Act 2019.\n\nPart 19 Transitional matters for Environment Protection Legislation Amendment Act\nWater Act 1992 103\nPart 17 Transitional matters for Water Legislation\nMiscellaneous Amendments Act 2019\n118 Application of sections 71A and 71B\n(1) Sections 71A and 71B as in force immediately before the\ncommencement continue to apply in relation to an application for\nthe grant of a water extraction licence made before the\ncommencement means the day on which Part 2 of the Water\nLegislation Miscellaneous Amendments Act 2019 commences.\n","sortOrder":173},{"sectionNumber":"Part 18","sectionType":"part","heading":"Transitional matters for Water Further","content":"Part 18 Transitional matters for Water Further\nAmendment Act 2019\n","sortOrder":174},{"sectionNumber":"119","sectionType":"section","heading":"Saving of beneficial uses declarations","content":"119 Saving of beneficial uses declarations\nA declaration under section 22A in force immediately before the\ncommencement of section 6 of the Water Further Amendment\nAct 2019 continues in force after that commencement, subject to\nany amendment or revocation.\n","sortOrder":175},{"sectionNumber":"120","sectionType":"section","heading":"Aboriginal water reserve not to apply to allocations made","content":"120 Aboriginal water reserve not to apply to allocations made\nbefore commencement\nSection 22B(7) does not apply to a water allocation plan that was in\nforce before the commencement of that subsection.\n","sortOrder":176},{"sectionNumber":"Part 19","sectionType":"part","heading":"Transitional matters for Environment","content":"Part 19 Transitional matters for Environment\nProtection Legislation Amendment Act 2023\n","sortOrder":177},{"sectionNumber":"121","sectionType":"section","heading":"Application of Act to mining activities","content":"121 Application of Act to mining activities\n(1) Section 7 as in force immediately before the commencement\ncontinues to apply in relation to a mining activity that is authorised\nunder a deemed mining licence while the deemed mining licence is\nin effect.\namending Act means the Environment Protection Legislation\nAmendment Act 2023.\n\nWater Act 1992 104\ncommencement means the day on which Part 4, Division 3,\nSubdivision 9 of the amending Act commences.\ndeemed mining licence, see section 303 of the Environment\nPart 20 Transitional matters for Parks and Water\nLegislation Amendment Act 2024\n122 Definitions\namending Act means the Parks and Water Legislation Amendment\nAct 2024.\ncommencement means the commencement of section 33 of the\namending Act.\n","sortOrder":178},{"sectionNumber":"123","sectionType":"section","heading":"Directions to statutory authorities","content":"123 Directions to statutory authorities\nA direction given by the Controller under section 8 as in force\nbefore the commencement is taken to be a direction of the Minister\ngiven under section 8 as in force after the commencement.\n","sortOrder":179},{"sectionNumber":"124","sectionType":"section","heading":"Controller of Water Resources","content":"124 Controller of Water Resources\nThe person holding office as the Controller immediately before the\ncommencement continues to hold office under section 18 as in\nforce after the commencement.\n","sortOrder":180},{"sectionNumber":"125","sectionType":"section","heading":"Authorised officers","content":"125 Authorised officers\nA person holding office as an authorised officer immediately before\nthe commencement is taken to have been appointed under\nsection 24 as in force after the commencement.\n","sortOrder":181},{"sectionNumber":"126","sectionType":"section","heading":"Water investigation permits","content":"126 Water investigation permits\nA water investigation permit that is in effect immediately before the\ncommencement is taken to be a water investigation permit granted\nby the Minister under section 36 as in force after the\n","sortOrder":182},{"sectionNumber":"127","sectionType":"section","heading":"Approvals to use Territory bores","content":"127 Approvals to use Territory bores\nAn approval under section 81 that is in effect immediately before\nthe commencement is taken to be an approval given by the Minister\nunder section 81 as in force after the commencement.\n\nWater Act 1992 105\n","sortOrder":183},{"sectionNumber":"128","sectionType":"section","heading":"Notices issued under section 88","content":"128 Notices issued under section 88\nA notice issued under section 88 that is in effect immediately before\nthe commencement is taken to be a notice issued by the Minister\nunder section 88 as in force after the commencement.\n","sortOrder":184},{"sectionNumber":"129","sectionType":"section","heading":"Emergency actions taken to control pollution","content":"129 Emergency actions taken to control pollution\nOn the commencement, the cost of an action taken under\nsection 97(4) before the commencement may be recovered by the\nMinister under section 97(4) as in force after the commencement as\nif the action to which the cost relates had been taken by the\nMinister.\n","sortOrder":185},{"sectionNumber":"130","sectionType":"section","heading":"NTCAT review for decisions made after commencement","content":"130 NTCAT review for decisions made after commencement\nSection 105D applies in relation to a reviewable decision that is\nmade after the commencement.\n","sortOrder":186},{"sectionNumber":"131","sectionType":"section","heading":"Review of decisions made before commencement","content":"131 Review of decisions made before commencement\n(1) This section applies to a person if, immediately before the\ncommencement, the person:\n(a) was entitled to apply to the Minister for a review of an action or\ndecision (a reviewable decision or action) under section 30\nas in force before the commencement; and\n(b) had not yet made an application for the review.\n(2) The person cannot make an application to the Minister for a review\nof the reviewable decision or action, but the person may apply to\nNTCAT for review of the reviewable decision or action.\n(3) NTCAT has jurisdiction to review a reviewable decision or action on\nan application made by the person under subsection (2).\n(4) An application under subsection (2) must be made:\n(a) if the reviewable decision or action is a decision to give a\nremediation notice – within 10 business days after the day the\nnotice was given; or\n(b) if the reviewable decision or action is a water extraction\nlicence decision:\n(i) if the aggrieved person is a person who was given a\nnotice under section 71D(1)(a) – within 20 business days\nafter the day the person was given the notice; or\n\nWater Act 1992 106\n(ii) if the aggrieved person is not a person mentioned in\nsubparagraph (i) – within 20 business days after notice\nof the decision was published under section 71D(1)(b);\nor\n(c) if the reviewable decision or action is any other decision or\naction – within 20 business days after the day the decision\nwas made or the action was taken.\n","sortOrder":187},{"sectionNumber":"132","sectionType":"section","heading":"Pending review before Minister","content":"132 Pending review before Minister\n(1) This section applies in relation to an application for review of a\ndecision or action that:\n(a) was made under section 30 as in force before the\ncommencement; and\n(b) had not been determined by the Minister before the\ncommencement, whether or not the matter had been referred\nto the Review Panel.\n(2) Despite the repeal of Part 3, Divisions 2 and 3 effected by\nsection 41 of the amending Act:\n(a) the Minister must determine the pending application in\naccordance with this Act as in force before the\ncommencement; and\n(b) the Review Panel continues in existence for the purpose of\ndealing with a matter referred to it under section 30(3)(b); and\n(c) a person who was the Chairperson of the Review Panel\ncontinues to hold office as the Chairperson for the purpose of\nenabling the Panel to consider a matter referred to it under\nsection 30(3)(b); and\n(d) Part 3, Divisions 2 and 3 of this Act as in force before the\ncommencement continue to apply after the commencement in\nrelation to the pending application.\n\n","sortOrder":188},{"sectionNumber":"Part 21","sectionType":"part","heading":"Transitional matters for Petroleum, Planning and Water Legislation","content":"Part 21 Transitional matters for Petroleum, Planning and Water Legislation\nAmendment Act 2025\nWater Act 1992 107\nPart 21 Transitional matters for Petroleum, Planning\nand Water Legislation Amendment Act 2025\n","sortOrder":189},{"sectionNumber":"133","sectionType":"section","heading":"Decisions made before commencement","content":"133 Decisions made before commencement\n(1) Schedule 2 as in force immediately before the commencement\ncontinues to apply in relation to a decision or determination made\nunder section 36(1), 41(1), 45(1), 57(1), 60(1), 63(1), 67(1), 71G(1)\nor 74(1) before the commencement.\ncommencement means the commencement of Part 4 of the\nPetroleum, Planning and Water Legislation Amendment Act 2025.\n\nWater Act 1992 108\nsection 3\nPart A – Acts of South Australia Repealed\nThe Water Conservation Amendment Act, 1889 No. 463, 1889\nThe South-Eastern Drainage Act Amendment Act,\nNo. 629, 1895\nThe Water Conservation Amendment Act, 1900 No. 736, 1900\nThe Irrigation and Reclaimed Lands Act, 1908 No. 953, 1908\nThe Irrigation and Reclaimed Lands Act Amendment\nAct, 1909\nNo. 979, 1909\nThe Irrigation and Reclaimed Land Act Further\nAmendments Act, 1910\nNo. 1022, 1910\nPart B – Acts and Ordinances Repealed\nControl of Waters Ordinance 1938 (No. 13 of 1938)\nControl of Waters Ordinance 1955 (No. 8 of 1955)\nControl of Waters Ordinance 1959 (No. 18 of 1959)\nWater Supplies Development Ordinance 1960 (No. 14 of 1961)\nControl of Waters Ordinance 1961 (No. 6 of 1962)\nControl of Waters Ordinance 1962 (No. 24 of 1963)\nWater Supplies Development Ordinance 1963 (No. 50 of 1963)\nControl of Waters Ordinance 1965 (No. 17 of 1965)\nWater Supplies Development Ordinance 1967 (No. 22 of 1967)\nControl of Waters Ordinance 1968 (No. 33 of 1968)\nWater Supplies Development Ordinance 1968 (No. 34 of 1968)\nControl of Waters Ordinance (No. 2) 1968 (No. 55 of 1968)\nWater Supplies Development Ordinance (No. 2) 1968 (No. 64 of 1968)\n\nWater Act 1992 109\nWater Supplies Development Ordinance 1971 (No. 14 of 1971)\nControl of Waters Ordinance 1971 (No. 28 of 1971)\nWater Supplies Development Ordinance 1973 (No. 11 of 1973)\nControl of Waters Act 1978 (No. 12 of 1979)\n\nWater Act 1992 110\nsection 105D\n1 A decision of the Controller under\nsection 33A(2) to give a remediation\nnotice\nThe person given the\nremediation notice\n3 A decision of the Minister under\nsection 36(1) to refuse to grant a\npermit to explore for water\nthe permit\n5 A decision of the Controller under\nsection 41(1) to refuse to grant a\npermit to interfere with a waterway\nthe permit\n7 A decision of the Controller under\nsection 45(1) to grant a licence to take\nwater, if the application for the licence\nwas an application in relation to which\nsection 71M or 71R applied\n8 A decision of the Controller under\nsection 45(1) to refuse to grant a\nlicence to take water\nNote for item 8\nA decision mentioned in this item includes a\ndecision made on an application to which\nsection 71M or 71R applies.\n9 A decision of the Controller under\nsection 49(1) to refuse to grant a\ndrilling licence\n11 A decision of the Controller under\nsection 57(1) to refuse to grant a\npermit to carry out bore work\nthe grant of the permit\n13 A decision of the Controller under\nsection 60(1) to grant a licence to take\nwater from a bore, if the application for\nthe licence was an application in\nrelation to which section 71M or 71R\napplied\n\nWater Act 1992 111\n14 A decision of the Controller under\nsection 60(1) to refuse to grant a\nlicence to take water from a bore\nNote for item 14\nA decision mentioned in this item includes a\ndecision made on an application to which\nsection 71M or 71R applies.\n16 A decision of the Controller under\nsection 63(1) to refuse to grant a\nlicence to dispose of waste\nunderground by means of a bore\nthe grant of the licence\n17 A decision of the Controller under\nsection 65(2) to refuse to consent to a\nchange in use of a bore\nthe consent\n19 A decision of the Controller under\nsection 67(1) to refuse to grant a\nlicence to increase the water contained\nin an aquifer\n","sortOrder":190},{"sectionNumber":"20","sectionType":"section","heading":"A decision of the Controller under","content":"20 A decision of the Controller under\nsection 70 to give a direction\nThe person to whom the\ndirection is given\n","sortOrder":191},{"sectionNumber":"21","sectionType":"section","heading":"A decision of the Controller under","content":"21 A decision of the Controller under\nsection 71AA to refuse to approve the\ntransfer of an entitlement to water\nThe holder of the licence\nwho applied for the transfer\nof water entitlement\n22 A decision of the Controller under\nsection 71G(1) to refuse to grant a\nlicence to take water in respect of a\ndevelopment\n23 A decision of the Controller under\nsection 71H to grant a licence to take\nwater\n24 A decision of the Controller under\nsection 71H to refuse to grant a licence\nto take water\n27 A decision of the Controller under\nsection 74(1) to refuse to grant a waste\ndischarge licence\n\nWater Act 1992 112\n28 A decision of the Minister under\nsection 88A(1) to issue an action\nnotice\nThe person to whom the\nnotice is issued\n29 A decision of the Controller under\nsection 93(1) to amend or modify the\nterms or conditions of a licence\nThe holder of the licence\n30 A decision of the Controller under\nsection 93(2) to revoke or suspend a\nlicence\nThe holder or former holder\nof the licence\n31 A decision of the Controller under\nsection 93A(4) to refuse to renew a\npermit or licence\nThe holder of the permit or\nlicence\n\nWater Act 1992 113\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nWater Act 1992 (Act No. 19, 1992)\nAssent date 30 April 1992\nCommenced 1 July 1992 (Gaz S35, 30 June 1992)\nStatute Law Revision Act 1993 (Act No. 6, 1993)\nAssent date 18 March 1993\nCommenced 18 March 1993\nStatute Law Revision Act (No. 2) 1993 (Act No. 70, 1993)\nAssent date 9 November 1993\nCommenced 9 November 1993\nLocal Government (Consequential Amendments) Act 1993 (Act No. 84, 1993)\nAssent date 31 December 1993\nCommenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act\nNo. 83, 1993) and Gaz S35, 20 May 1994)\nStatute Law Revision Act 1994 (Act No. 50, 1994)\nAssent date 20 September 1994\nCommenced 20 September 1994\nFinancial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995)\nAssent date 21 March 1995\nCommenced 1 April 1995 (s 2, s 2 Financial Management Act 1992 (Act\nNo. 4, 1995) and Gaz S13, 31 March 1995)\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing\nAct 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)\n\nWater Act 1992 114\nWater Amendment Act 1996 (Act No. 66, 1996)\nAssent date 31 December 1996\nCommenced 19 February 1997 (s 2, s 2 Environmental Offences and\nPenalties Act 1996 (Act No. 60, 1996) and Gaz G7,\n19 February 1997, p 2)\nWater Amendment Act 1998 (Act No. 61, 1998)\nAssent date 3 September 1998\nCommenced 3 September 1998\nWaste Management and Pollution Control (Consequential Amendments) Act 1999 (Act\nNo. 72, 1998)\nAssent date 28 September 1998\nCommenced 9 June 1999 (Gaz G22, 9 June 1999, p 7)\nPlanning (Consequential Amendments) Act 1999 (Act No. 56, 1999)\nAssent date 14 December 1999\nCommenced 12 April 2000 (s 2, s 2 Planning Act 1999 (Act No. 55, 1999)\nand Gaz S15, 12 April 1999)\nWater Amendment Act 2000 (Act No. 20, 2000)\nAssent date 6 June 2000\nCommenced 6 June 2000\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nWater Amendment Act 2003 (Act No. 57, 2003)\nAssent date 22 October 2003\nCommenced 14 January 2004 (Gaz G2, 14 January 2004, p 2)\nWater Amendment Act 2007 (Act No. 33, 2007)\nAssent date 12 December 2007\nCommenced 26 November 2008 (Gaz G47, 26 November 2008, p 6)\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nMineral Titles (Consequential Amendments) Act 2010 (Act No. 37, 2010)\nAssent date 18 November 2010\nCommenced 7 November 2011 (Gaz G41, 12 October 2011, p 5)\n\nWater Act 1992 115\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nWater Amendment Act 2010 (Act No. 48, 2010)\nAssent date 13 December 2010\nCommenced 13 December 2010\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nRed Tape Reduction (Miscellaneous Amendments) Act 2016 (Act No. 12, 2016)\nAssent date 10 May 2016\nCommenced 1 July 2016 (Gaz G26, 29 June 2016, p 2)\nWater Legislation Amendment Act 2018 (Act No. 29, 2018)\nAssent date 4 December 2018\nCommenced 31 December 2018 (Gaz S107, 17 December 2018)\nWater Amendment Act 2019 (Act No. 19, 2019)\nAssent date 30 May 2019\nCommenced 19 June 2019 (Gaz S44, 19 June 2019)\nWater Legislation Miscellaneous Amendment Act 2019 (Act No. 26, 2019)\nAssent date 2 September 2019\nCommenced 25 September 2019 (Gaz G39, 25 September 2019, p 2)\nWater Further Amendment Act 2019 (Act No. 36, 2019)\nAssent date 6 November 2019\nCommenced 8 July 2020 (Gaz G27, 8 July 2020, p 2)\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\n\nWater Act 1992 116\nStatute Law Amendment (Territory Economic Reconstruction) Act 2021 (Act No. 19,\n2021)\nAssent date 31 August 2021\nCommenced pt 6: 2 October 2021; rem: 29 September 2021 (Gaz G39,\n29 September 2021, p 1)\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023 (s 2)\nWater Legislation Amendment Act 2023 (Act No. 13, 2023)\nAssent date 31 May 2023\nCommenced 1 August 2023 (Gaz G14, 6 July 2023, p 1)\nEnvironment Protection Legislation Amendment Act 2023 (Act No. 34, 2023)\nAssent date 6 December 2023\nCommenced pt 1, pt 3, div 1, ss 207 and 219 and pt 5: 7 December 2023\n(s 2(1)); pt 3, div 2: 1 March 2024 (s 2(2), s 2 Environment\nProtection Legislation Amendment (Chain of Responsibility)\nAct 2022 (Act No. 32, 2022) and (Gaz G4, 15 February 2024,\np 1); pt 4: 1 July 2024 (Gaz G4, 15 February 2024, p 2);\nrem: 1 March 2024 (Gaz G4, 15 February 2024, p 2)\nParks and Water Legislation Amendment Act 2024 (Act No. 13, 2024)\nAssent date 11 June 2024\nCommenced pt 3: 2 July 2024 (s 2(2)); rem: 12 June 2024 (s 2(1))\nPetroleum, Planning and Water Legislation Amendment Act 2025 (Act No. 7, 2025)\nAssent date 7 April 2025\nCommenced 8 April 2025 (s 2)\nWater Amendment (Aboriginal Water Reserves) Act 2025 (Act No. 13, 2025)\nAssent date 6 June 2025\nCommenced 7 June 2025 (s 2)\nLands, Planning and Environment Legislation Amendment Act 2025 (Act No. 25, 2025)\nAssent date 12 September 2025\nCommenced pt 6: nc; rem: 13 September 2025 (s 2(1))\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 12, 13, 15, 39, 74A, 90,\n109 and 113.\n\nWater Act 1992 117\n4 LIST OF AMENDMENTS\nlt amd No. 20, 2000, s 3\ns 3 amd No. 13, 2024, s 34\ns 4 amd No. 6, 1993, ss 6 and 8; No. 84, 1993, s 6; No. 66, 1996, s 4; No. 61,\n1998, s 2; No. 20, 2000, s 4; No. 57, 2003, s 4; No. 33, 2007, s 4; No. 28,\n2008, s 20; No. 48, 2010, s 3; No. 29, 2018, s 4; No. 19, 2019, s 4; No. 26,\n2019, s 10; No. 36, 2019, s 4; No. 26, 2020, s 3; No. 39, 2019, s 370; No. 19,\n2021, s 111; No. 13, 2023, s 4; No. 34, 2023, s 229; No. 13, 2024, s 35;\nNo. 25, 2025, s 96\ns 4A ins No. 19, 2019, s 5\ns 4B ins No. 36, 2019, s 5\ns 5 amd No. 6, 1993, s 8; No. 26, 2020, s 3; No. 19, 2021, s 112\ns 7 sub No. 57, 2003, s 5\namd No. 29, 2018, s 5\nsub No. 34, 2023, s 230\ns 8 amd No. 84, 1993, s 6; No. 50, 1994, s 16\nsub No. 28, 2008, s 21\namd No. 13, 2024, s 36\ns 8A ins No. 29, 2018, s 6\npt 2 hdg amd No. 19, 2019, s 6; No. 26, 2020, s 3\npt 2\ndiv 1 hdg amd No. 26, 2020, s 3\ns 11 amd No. 13, 2023, s 5\ns 12 amd No. 45, 2000, s 11\ns 13 amd No. 25, 2009, s 10; No. 26, 2020, s 3\ns 14 amd No. 26, 2019, s 10; No. 13, 2023, s 6\nss 14A – 14E ins No. 13, 2023, s 7\ns 15 amd No. 23, 2013, s 14\nsub No. 29, 2018, s 7\ns 16 amd No. 66, 1996, s 5; No. 23, 2013, s 14; No. 26, 2019, s 10; No. 13, 2024,\ns 37\npt 2\ndiv 3 hdg ins No. 19, 2019, s 7\ns 17A ins No. 19, 2019, s 7\nss 17B – 17C ins No. 19, 2019, s 7\ns 18 sub No. 13, 2024, s 38\nss 18A – 18B ins No. 13, 2024, s 38\ns 19 amd No. 13, 2023, s 8\ns 20 amd No. 29, 2018, s 45; No. 26, 2020, s 3; No. 19, 2021, s 113\nrep No. 13, 2024, s 39\ns 21 amd No. 26, 2020, s 3\nrep No. 13, 2024, s 39\ns 22 amd No. 6, 1993, s 8\ns 22A ins No. 20, 2000, s 5\namd No. 36, 2019, s 6\ns 22B ins No. 20, 2000, s 5\namd No. 57, 2003, s 6; No. 36, 2019, s 7; No. 26, 2020, s 3; No. 4, 2023,\ns 22; No. 25, 2025, s 97\ns 22C ins No. 36, 2019, s 8\namd No. 13, 2025, s 4\ns 23 amd No. 20, 2000, s 6; No. 26, 2020, s 3; No. 13, 2024, s 40\npt 3\ndiv 2 hdg sub No. 13, 2024, s 41\ns 24 amd No. 70, 1993, s 8; No. 29, 2018, s 8\n\nWater Act 1992 118\nss 25 – 26 amd No. 29, 2018, s 45\ns 27 amd No. 23, 2013, s 14\nsub No. 29, 2018, s 9; No. 13, 2024, s 41\nss 28 – 29 amd No. 29, 2018, s 45\npt 3\ndiv 3 hdg amd No. 33, 2007, s 5\nrep No. 13, 2024, s 41\ns 30 amd No. 6, 1993, s 8; No. 26, 2020, s 3\ns 31 amd No. 40, 2010, s 118; No. 23, 2013, s 14\nsub No. 29, 2018, s 10\ns 32 sub No. 13, 2024, s 41\ns 32A ins No. 13, 2024, s 41\npt 3\ndiv 4 hdg amd No. 26, 2020, s 3\ns 33 sub No. 29, 2018, s 11\npt 3\ndiv 5 hdg ins No. 29, 2018, s 11\ns 33A ins No. 29, 2018, s 11\ns 33B ins No. 29, 2018, s 11\namd No. 19, 2021, s 114; No. 13, 2024, s 42\ns 33C ins No. 29, 2018, s 11\ns 33D ins No. 29, 2018, s 11\nsub No. 13, 2024, s 43\ns 34 amd No. 29, 2018, s 45; No. 13, 2024, s 44\ns 35 amd No. 26, 2020, s 3; No. 13, 2024, s 45\ns 36 amd No. 29, 2018, s 45; No. 13, 2024, s 46\ns 37 amd No. 23, 2013, s 14\nsub No. 29, 2018, s 12\ns 38 amd No. 26, 2020, s 3; No. 19, 2021, s 115\ns 39 sub No. 37, 2010, s 12\namd No. 23, 2013, s 14; No. 29, 2018, s 13; No. 13, 2024, s 47\ns 40 amd No. 25, 2009, s 10; No. 23, 2013, s 14\nsub No. 29, 2018, s 14\ns 41 amd No. 29, 2018, s 15\ns 42 amd No. 23, 2013, s 14\nsub No. 29, 2018, s 16\ns 44 amd No. 20, 2000, s 7; No. 23, 2013, s 14\nsub No. 29, 2018, s 17\ns 45 amd No. 20, 2000, s 8; No. 29, 2018, s 45; No. 19, 2021, s 116; No. 13,\n2023, s 9; No. 25, 2025, s 98\ns 45A ins No. 19, 2019, s 8\ns 46 amd No. 23, 2013, s 14\nsub No. 29, 2018, s 18\npt 6 hdg amd No. 26, 2019, s 10\ns 47 amd No. 19, 2019, s 9\ns 48 amd No. 23, 2013, s 14\nsub No. 29, 2018, s 19\ns 49 amd No. 29, 2018, s 45\ns 50 amd No. 23, 2013, s 14\nsub No. 29, 2018, s 20\ns 51 amd No. 29, 2018, s 45; No. 19, 2021, s 117\ns 52 amd No. 29, 2018, s 45; No. 13, 2024, s 48\ns 53 amd No. 23, 2013, s 14\nsub No. 29, 2018, s 21\n\nWater Act 1992 119\ns 54 amd No. 29, 2018, s 45\npt 6\ndiv 3 hdg amd No. 29, 2018, s 22\nss 55 – 56 amd No. 23, 2013, s 14\nsub No. 29, 2018, s 23\ns 57 amd No. 12, 2016, s 30\namd No. 29, 2018, s 24\ns 58 amd No. 23, 2013, s 14\nsub No. 29, 2018, s 25\npt 6\ndiv 4 hdg amd No. 26, 2019, s 10\ns 59 amd No. 23, 2013, s 14\nsub No. 29, 2018, s 26\ns 60 amd No. 20, 2000, s 9; No. 29, 2018, s 45; No. 26, 2019, s 10; No. 19, 2021,\ns 118; No. 13, 2023, s 10; No. 25, 2025, s 99\ns 60A ins No. 19, 2019, s 10\namd No. 26, 2019, s 10; No. 19, 2021, s 119\ns 61 amd No. 23, 2013, s 14\nsub No. 29, 2018, s 27\ns 62 amd No. 66, 1996, s 6; No. 23, 2013, s 14\ns 63 amd No. 26, 2020, s 3\ns 64 amd No. 66, 1996, s 7; No. 23, 2013, s 14\ns 65 amd No. 66, 1996, s 8; No. 23, 2013, s 14\ns 66 amd No. 23, 2013, s 14\nsub No. 29, 2018, s 28\ns 67 amd No. 29, 2018, s 45; No. 19, 2019, s 11\ns 68 amd No. 23, 2013, s 14\nsub No. 29, 2018, s 29\ns 69 amd No. 23, 2013, s 14\nrep No. 29, 2018, s 30\ns 70 amd No. 26, 2019, s 10; No. 13, 2024, s 49\ns 71 amd No. 23, 2013, s 14\nsub No. 29, 2018, s 31\npt 6AA hdg ins No. 25, 2025, s 100\nss 71AA –\n71AB ins No. 25, 2025, s 100\npt 6A hdg ins No. 33, 2007, s 6\ns 71A ins No. 33, 2007, s 6\namd No. 26, 2019, s 4; No. 26, 2020, s 3; No. 25, 2025, s 101\ns 71B ins No. 33, 2007, s 6\namd No. 26, 2019, s 5; No. 19, 2021, s 120; No. 25, 2025, s 102\ns 71BA ins No. 36, 2019, s 9\nsub No. 13, 2025, s 5\ns 71C ins No. 33, 2007, s 6\namd No. 26, 2020, s 3; No. 19, 2021, s 121\ns 71D ins No. 33, 2007, s 6\namd No. 19, 2021, s 122; No. 13, 2024, s 50; No. 25, 2025, s 103\ns 71E ins No. 33, 2007, s 6\namd No. 19, 2021, s 123\nrep No. 13, 2024, s 51\npt 6B hdg ins No. 19, 2021, s 124\ns 71F ins No. 19, 2021, s 124\namd No. 13, 2023, s 11; No. 25, 2025, s 104\ns 71G ins No. 19, 2021, s 124\ns 71H ins No. 19, 2021, s 124\namd No. 13, 2024, s 52\n\nWater Act 1992 120\ns 71J ins No. 19, 2021, s 124\nrep No. 25, 2025, s 105\nss 71K – 71L ins No. 19, 2021, s 124\npt 6C hdg ins No. 13, 2023, s 12\npt 6C\ndiv 1 hdg ins No. 13, 2023, s 12\ns 71M ins No. 13, 2023, s 12\namd No. 13, 2024, s 53\npt 6C\ndiv 2 hdg ins No. 13, 2023, s 12\nss 71N – 71Q ins No. 13, 2023, s 12\ns 71R ins No. 13, 2023, s 12\namd No. 34, 2023, s 231; No. 13, 2024, s 54\ns 71S ins No. 13, 2023, s 12\namd No. 34, 2023, s 232\ns 72 amd No. 48, 2010, s 6; No. 26, 2019, s 10\ns 73 amd No. 6, 1993, s 8; No. 48, 2010, s 6\ns 74 amd No. 48, 2010, s 4; No. 26, 2020, s 3; No. 19, 2021, s 125\ns 74A ins No. 72, 1998, s 4\namd No. 26, 2020, s 3\ns 75 amd No. 48, 2010, s 6\ns 76 amd No. 66, 1996, s 9; No. 48, 2010, s 6; No. 23, 2013, s 14\ns 77 amd No. 48, 2010, s 6 No. 13, 2024, s 55\ns 78 amd No. 26, 2019, s 10\ns 79 amd No. 23, 2013, s 14; No. 29, 2018, s 32 No. 13, 2024, s 56\ns 80 amd No. 13, 2024, s 57\ns 81 amd No. 23, 2013, s 14; No. 29, 2018, s 33; No. 13, 2024, s 58\ns 84 sub No. 13, 2024, s 59\ns 84A ins No. 13, 2024, s 59\ns 85 rep No. 5, 1995, s 19\ns 87 amd No. 13, 2024, s 60\ns 88 amd No. 23, 2013, s 14\nsub No. 29, 2018, s 34\namd No. 13, 2024, s 61\nss 88A – 88D ins No. 13, 2024, s 62\ns 89 amd No. 23, 2013, s 14\nsub No. 29, 2018, s 34\ns 90 amd No. 56, 1999, s 3; No. 20, 2000, s 10; No. 33, 2007, s 7; No. 26, 2020,\ns 3; No. 13, 2024, s 63; No. 25, 2025, s 106\ns 91 amd No. 13, 2024, s 64\ns 92 sub No. 25, 2025, s 107\ns 93 amd No. 33, 2007, s 8; No. 26, 2019, s 6; No. 25, 2025, s 108\ns 93A ins No. 25, 2025, s 109\ns 95 sub No. 33, 2007, s 9; No. 19, 2021, s 126\ns 96 amd No. 37, 2010, s 12; No. 23, 2013, s 14\nsub No. 29, 2018, s 35\namd No. 13, 2024, s 65\ns 97 amd No. 66, 1996, s 10; No. 23, 2013, s 14; No. 26, 2020, s 3; No. 13, 2024,\ns 66\nss 98 – 100 amd No. 23, 2013, s 14\ns 101 amd No. 17, 1996, s 6; No. 23, 2013, s 14\npt 10\ndiv 4 hdg ins No. 29, 2018, s 36\ns 102 amd No. 17, 1996, s 6; No. 23, 2013, s 14\n\nWater Act 1992 121\nss 102A –\n102D ins No. 29, 2018, s 36\ns 103 amd No. 13, 2024, s 67\ns 104 amd No. 17, 1996, s 6; No. 23, 2013, s 14\npt 10\ndiv 5 hdg ins No. 29, 2018, s 37\ns 104A ins No. 29, 2018, s 37\ns 105 amd No. 13, 2024, s 68\ns 105A ins No. 66, 1996, s 11\nss 105B –\n105C ins No. 29, 2018, s 38\npt 10A hdg ins No. 13, 2024, s 69\ns 105D ins No. 13, 2024, s 69\namd No. 7, 2025, s 28\ns 106 amd No. 17, 2001, s 21; No. 26, 2019, s 7; No. 26, 2020, s 3\ns 108 amd No. 6, 1993, s 8; No. 33, 2007, s 10; No. 23, 2013, s 14; No. 26, 2019,\ns 8; No. 36, 2019, s 10; No. 19, 2021, s 127; No. 13, 2023, s 13; No. 13,\n2024, s 70\npt 12 hdg ins No. 29, 2018, s 39\ns 109 amd No. 70, 1993, s 5; No. 57, 2003, s 7; No. 37, 2010, s 12; No. 29, 2018,\ns 40\npt 13 hdg ins No. 29, 2018, s 41\ns 110 ins No. 33, 2007, s 11\namd No. 29, 2018, s 42\npt 14 hdg ins No. 29, 2018, s 43\ns 111 ins No. 48, 2010, s 5\npt 15 hdg ins No. 29, 2018, s 44\ns 112 ins No. 29, 2018, s 44\ns 113 ins No. 29, 2018, s 44\nss 114 – 116 ins No. 29, 2018, s 44\npt 16 hdg ins No. 19, 2019, s 12\ns 117 ins No. 19, 2019, s 12\npt 17 hdg ins No. 26, 2019, s 9\ns 118 ins No. 26, 2019, s 9\npt 18 hdg ins No. 36, 2019, s 11\nss 119 – 120 ins No. 36, 2019, s 11\npt 19 hdg ins No. 34, 2023, s 233\ns 121 ins No. 34, 2023, s 233\npt 20 hdg ins No. 13, 2024, s 71\nss 122 – 132 ins No. 13, 2024, s 71\npt 21 hdg ins No. 7, 2025, s 29\ns 133 ins No. 7, 2025, s 29\nsch 1 amd No. 13, 2024, s 72; No. 7, 2025, s 30\nsch 2 ins No. 13, 2024, s 73\namd No. 7, 2025, s 31; No. 25, 2025, s 110","sortOrder":192}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 1992 Act focused on Crown ownership of water (s 9), basic domestic rights, pollution prevention (s 16), and resource investigation. Its scope has grown substantially to encompass dedicated hydraulic fracturing waste controls (ss 17A–17C), water entitlement trading (Part 6AA), formal water allocation plans with mandatory Aboriginal water reserves on eligible land (ss 22B–22C), developer licensing for subdivisions (Part 6B), transitional pathways for former exempt mining and petroleum activities (Part 6C), Restricted Water Extraction Area rules that limit subdivision rights (ss 14A–14E), and detailed integration with mining, petroleum, and environmental licensing regimes. These additions have transformed the Act from a general water-rights statute into a comprehensive regulatory framework addressing specific industry risks, Indigenous economic development, and water markets."},"complexity_factors":["Over 130 sections plus 21 transitional Parts and two Schedules","47 defined terms in s 4(1), including complex definitions for 'eligible land' (s 4B), 'hydraulic fracturing waste' (s 4A), 'material environmental harm' and 'serious environmental harm'","Nested licensing regimes across Parts 5 (surface water), 6 (groundwater), 6A–6C (special decisions and mining/petroleum), 7 (waste discharge) with cross-references between them","Tiered offence structure with four levels of environmental offences (ss 16, 17A, 62) plus strict liability, absolute liability, and executive officer liability provisions (ss 102B–102D)","Multiple layers of procedural requirements including public notification (s 71B), Aboriginal consent for water reserves (s 71BA), Restricted Water Extraction Area subdivision rules (ss 14B–14D), and NTCAT review (s 105D and Schedule 2)","Extensive cross-references to the Environment Protection Act 2019, Planning Act 1999, Petroleum Act 1984, Mineral Titles Act 2010, and Land Title Act 2000","19 transitional Parts (Parts 12–21) that preserve or phase out earlier exemptions and authorisations"],"plain_english_summary":"**Managing water ownership, use, and protection in the Northern Territory**\n\nThe Water Act 1992 gives the Northern Territory Government ownership and control over all water (both surface water in rivers and creeks, and groundwater underground). It sets clear rules so that everyone shares this scarce resource fairly while protecting the environment.\n\n**Everyday rights**: People can take small amounts of water for household use, drinking water for stock, or watering a home garden up to 0.5 hectares without needing a licence (ss 10, 11 and 14). Landowners next to a waterway or with land over groundwater have these basic rights, but they cannot do anything that harms the environment or other users.\n\n**Licences and permits for bigger uses**: Anyone wanting to take larger amounts, drill a bore, interfere with a riverbank, dispose of waste underground, or recharge an aquifer must get a permit or licence from the Controller of Water Resources (Parts 5 and 6). Licences can last up to 10 years and come with conditions. Special rules apply to mining, petroleum activities, and hydraulic fracturing (fracking).\n\n**Pollution controls**: It is illegal to pollute water in a way that causes environmental harm. There are four levels of offences with increasing penalties depending on how serious the harm is (s 16). Extra strict rules ban hydraulic fracturing waste from contacting water (s 17A).\n\n**Planning and sharing water**: The Minister can create water control districts and water allocation plans that decide how much water is available for different uses, including the environment and Aboriginal economic development (ss 22A–22C). There are also rules for trading water entitlements between licence holders (Part 6AA).\n\n**Enforcement and remedies**: Authorised officers can enter land, take samples, and issue remediation notices. Courts can order clean-ups, fines, or extra penalties. Decisions can be reviewed by the Northern Territory Civil and Administrative Tribunal (NTCAT).\n\nThe Act matters because it balances domestic, farming, industrial, and cultural water needs against long-term sustainability in a dry environment, while protecting cultural values and giving Aboriginal communities a reserved share of water for economic development."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as reprinted incorporates substantive expansions and targeted additions compared with earlier forms: it explicitly defines and regulates hydraulic fracturing waste (s 4A; ss 17A–17C; s 60A), creates Restricted Water Extraction Areas limiting riparian/overlying rights on subdivision (ss 14A–14E), establishes an Aboriginal water reserve mechanism and eligibility rules (s 4B; ss 22B, 22C; s 71BA), enables trading of water entitlements (ss 71AA–71AB) and introduces new remediation, action notice and enforcement powers (ss 33A–33D; ss 88–88C). These insertions broaden the Act’s subject-matter beyond classical allocation and pollution control into specific regulation of petroleum-linked activities, land-subdivision effects on statutory water rights, market transfer mechanisms and strengthened compliance/remediation tools (see cited sections)."},"complexity_factors":["Large number of interlocking licensing and permit regimes (surface water, groundwater, drilling, bore work, waste disposal, recharge, waste discharge) with different procedures and time-limits (ss 41, 45, 49, 57, 60, 63, 67, 74).","Multiple offence categories with mixed fault standards (strict, absolute, fault-based) and corporate and occupier liabilities (ss 16, 17A–17C, 62, 102–102C).","Extensive ministerial and administrative discretion over declarations, restricted areas, directions and emergency powers (ss 5, 14A, 18B, 70, 96–97).","Significant evidentiary presumptions and reversals (prima facie evidence rules at s 16(3), s 17C; evidentiary rules for seized items s 32).","Special regimes and exceptions for hydraulic fracturing and petroleum/mining activities, including proximity-consent and modelling requirements (s 60A) and transitional carve-outs (Parts 12–21).","Interplay with other laws and instruments (Environment Protection Act, Petroleum Act, Mineral Titles Act, Planning Act) and many transitional and amendment clauses (see Parts 12–21 and the endnotes).","Delegation to regulations for technical detail and fee structures (s 108), creating dependency on subordinate legislation for substantive operation.","Procedural notice, publication and review requirements (ss 71B–71D; s 105D; Schedule 2) that add administrative steps and potential litigation pathways."],"plain_english_summary":"# What this Act does, mechanically\n\n- Establishes that the Territory owns and manages water resources (surface water, groundwater and tidal water) and gives the Minister and a Controller of Water Resources powers to administer those resources (s 9; ss 18–19). \n- Creates multiple authorisations to use, interfere with or affect water: statutory rights to take small amounts for domestic/stock use (ss 10, 11, 14), permits to interfere with waterways (s 41), licences to take surface water or groundwater (ss 45, 60), permits to carry out bore work (s 57), waste-disposal licences for underground disposal (s 63) and waste-discharge licences for otherwise-prohibited discharges (s 74). \n- Defines and criminalises different classes of pollution and unlawful waste contact with water, and establishes graded environmental offence levels and penalties (s 16; ss 17A–17C for hydraulic fracturing waste). \n- Introduces special rules for hydraulic fracturing waste (definition at s 4A; new offences and evidentiary rules at ss 17A–17C) and controls on licences to take groundwater for petroleum activity involving hydraulic fracturing (s 60A). \n- Enables the declaration of Restricted Water Extraction Areas to limit the riparian/overlying statutory rights when land is subdivided or consolidated, and sets processes for subdivision, bore decommissioning and revocation (ss 14A–14E, 14B–14D). \n- Allows water allocation planning, including an Aboriginal water reserve for eligible land (ss 22B, 22C; definition of eligible land at s 4B) and trading of water entitlements between licence-holders (ss 71AA–71AB). \n- Gives the Minister and Controller broad investigatory and enforcement powers: authorised officers may enter and inspect land, seize material and require information (ss 24–33); the Controller and Minister may issue remediation and action notices and recover costs (ss 33A–33D; ss 88–88C). \n- Sets procedural requirements for public notice, comment and review for water extraction licence decisions and other listed decisions (ss 71A–71D; s 105D; Schedule 2). \n- Provides emergency powers to limit access to water or to authorise/prohibit discharges in an emergency (ss 96–97). \n- Enables substantial delegated rule-making through regulations (s 108) and contains a long schedule of transitional and amendment provisions reflecting many statutory changes over time (Parts 12–21).\n\n# Who this affects\n\n- Landowners and occupiers (riparian and overlying owners) with statutory rights to take water (ss 10–14; ss 14A–14E where restricted).  \n- Licence- and permit-holders (surface/groundwater licences, drilling licences, bore work permits, waste-disposal licences, waste-discharge licences) — they bear compliance, monitoring and fee obligations (ss 45, 49, 57, 60, 63, 74, 77, 108).  \n- Petroleum and mining operators: specific carve-outs and transitional arrangements, a prohibition on granting surface-water licences for petroleum activity (s 45A), and special groundwater licence requirements near designated bores for hydraulic fracturing (s 60A).  \n- Aboriginal landholders and eligible Aboriginal organisations where the Act creates or protects an Aboriginal water reserve and special procedural protections (ss 4B, 22C, 71BA).  \n- Developers of land intending to obtain and transfer bundled entitlements for subsequent purchasers (Part 6B, ss 71F–71H).  \n- Businesses with bore construction, drilling or waste disposal activities: licensing, monitoring and reporting obligations (ss 48–57, 62–65).  \n- All persons who may be investigated by authorised officers or served with remediation/action notices (ss 24–33; ss 33A–33D; ss 88–88C).\n\n# Why it matters (official purpose, attributed)\n\n- The Act’s long title states its purpose is to provide for the investigation, allocation, use, control, protection, management and administration of water resources (long title).  \n- It expressly creates planning tools (water allocation plans, water control districts) and allocative rules to keep total use within estimated sustainable yield and to include allocations for environmental and Aboriginal uses (ss 22A–22B).  \n\n# Analyst's note: costs, incentives, discretion and trade-offs (testing the stated purposes)\n\n- Who pays: licence-holders, applicants and persons subject to Minister/Controller notices bear direct costs. The Act authorises charging for information/advice (s 80), requires applicants to pay publication costs for certain notices (s 71B(5)), and makes action/rectification costs recoverable from the responsible person (ss 33D, 88C). Water allocation plans are to recover as far as possible the full cost of water-resources management from licensees (s 22B(5)(d)). These are explicit revenue/incentive mechanisms that shift operational costs to users. \n\n- Decision-makers and discretion: the Minister and the Controller hold wide decision-making powers — appointments, directions to the Controller, declaring waterways or Restricted Water Extraction Areas, granting or refusing licences and imposing licence terms (ss 5; 14A; 18–19; ss 41, 45, 49, 57, 60, 63, 67, 74). The Controller must take listed factors into account when making key decisions (s 90), but many important choices are left to executive discretion and to regulations (s 108). This concentrates decision authority in administrative actors (Minister/Controller) and permits rule detail to be set by regulation. \n\n- Compliance burden and information obligations: licence and permit holders face monitoring and reporting obligations (s 77), powers to require drilling information and samples (s 53), and notices requiring records, equipment and samples (ss 88, 88D). Non-compliance exposes holders to graded environmental offences, penalties and potential licence amendment/suspension or revocation (ss 16, 17A, 62; s 93). These requirements create ongoing compliance costs for businesses and property owners. \n\n- Enforcement profile and legal risk allocation: the Act uses a mix of strict liability, absolute liability for some corporate officers, and fault-based offences (ss 16, 17A; ss 102–102C). Corporate executive officers can face criminal penalties in certain circumstances (ss 102B–102C). The Act also makes occupiers and owners potentially liable for offences occurring on their land unless they prove due diligence (ss 102–102A). That structure raises legal risk and incentivises internal compliance systems. \n\n- Market effects and contracting freedom: the Act preserves private rights for domestic and stock use (ss 10–14) but vests property in water in the Territory (s 9). It allows trading of entitlements between licence-holders (ss 71AA–71AB) and provides for developer licences with transfer of entitlements to participants (Part 6B, ss 71F–71H). Those measures enable market allocations but subject them to licensing, conditions and Controller oversight (s 71AB). Transferability (s 71AA) and developer-led allocation (ss 71F–71H) expand contractual options for businesses while preserving regulatory oversight. \n\n- Concentrated benefits, diffuse costs and substitution effects: certain provisions create concentrated, identifiable beneficiaries: holder(s) of existing extraction rights are protected against creating new extraction rights by subdivision (s 14B) and developers can centralise entitlements and on-sell them (Part 6B). Costs of monitoring, fees and remediation are distributed to the regulated parties and, where remedial action is taken by the Minister, recoverable from responsible persons (ss 33D, 88C). The Act allows substitution between different authorised mechanisms (e.g. waste-discharge licences s 74 vs environment protection approvals under other legislation s 74A), which may influence choices operators make about compliance paths. \n\n- Specific controls on hydraulic fracturing and petroleum activity: the Act inserts a focused regime for hydraulic fracturing waste (definition s 4A; specific offences s 17A–17C; recharge prohibition s 67(4); groundwater licence pre-conditions s 60A). Those provisions add compliance steps for petroleum operators (consent from nearby bore owners or hydrogeological proof s 60A(2)) and create evidentiary presumptions about contamination (s 17C). This raises the regulatory bar and due-diligence costs for operators planning hydraulic fracturing near other water users. \n\n- Aboriginal interests and allocation: the Act creates an Aboriginal water reserve mechanism to allocate water for Aboriginal economic development in water allocation plans (ss 4B, 22B(7), 22C) and requires agreement or an eligible Aboriginal applicant before licences are granted in respect of an Aboriginal water reserve (s 71BA). Those rules impose procedural and substantive constraints intended to protect specified Aboriginal land-based water interests; they also change who must be consulted and who can apply for certain licences. \n\n- Implementation risks and regulatory complexity: the Act delegates many procedural and technical requirements to regulations (s 108) and relies on extensive cross-references and transitional provisions (Parts 12–21). Effective implementation requires technical guidance, robust monitoring and a resource-capable administration (ss 18A, 22B(3), 77). Where modelling, investigations and consent requirements appear (s 60A), the Act presumes the availability of hydrogeological expertise and data. \n\n# Practical effects on behaviour\n\n- Land subdividers may lose the ability to create new riparian/overlying water rights in Restricted Water Extraction Areas and must nominate titles retaining rights (ss 14A–14C).  \n- Businesses undertaking drilling, hydraulic fracturing or underground disposal must obtain drilling licences, bore-work permits and waste licences and will face monitoring, reporting and potential remediation orders (ss 48–58; ss 62–67; ss 33A–33D).  \n- Licence-holders can trade entitlements (ss 71AA–71AB) but transfers require Controller approval (s 71AA(3)) and amendments to licences (s 71AB).  \n- Operators planning hydraulic fracturing near other bores must secure bore-owner consent or demonstrate no adverse hydrogeological effect (s 60A).  \n\n# Procedural review and rights\n\n- A defined set of significant administration decisions are reviewable by NTCAT (s 105D; Schedule 2) and the Act prescribes public notice and consultation processes for water extraction licence applications (ss 71B–71D).  \n\nOverall, the Act provides a comprehensive licensing, monitoring and enforcement framework for water use and water-related activities, adds targeted rules for hydraulic fracturing and Aboriginal water reserves, and allocates costs and legal risk to licence-holders, landowners and operators while concentrating decision authority in the Minister and the Controller (see ss 9, 18–19, 108, and relevant licensing and offence sections cited above)."}},"importantCases":[],"_links":{"self":"/api/acts/water-act-1992","history":"/api/acts/water-act-1992/history","analysis":"/api/acts/water-act-1992/analysis","conflicts":"/api/acts/water-act-1992/conflicts","importantCases":"/api/acts/water-act-1992/important-cases","documents":"/api/acts/water-act-1992/documents"}}