{"id":"a-2007-19","name":"Water Resources Act 2007","slug":"water-resources-act-2007","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"19 of 2007","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24597,"registerId":"act-a-2007-19-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Water Resources Act 2007.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘offence, for part 10\n(Enforcement)—see section 78.’ means that the term ‘offence’ is defined\nin that section for part 10.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Objects of Act","content":"6 Objects of Act\nThe objects of this Act are—\n(a) to ensure that management and use of the water resources of the\nTerritory sustain the physical, economic and social wellbeing of\nthe people of the ACT while protecting the ecosystems that\ndepend on those resources; and\n(b) to protect aquatic ecosystems and aquifers from damage and,\nwhere practicable, to reverse damage that has already happened;\nand\n(c) to ensure that the water resources are able to meet the reasonably\nforeseeable needs of future generations.\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Territory rights to water","content":"7 Territory rights to water\nSubject to this Act, the right to the use, flow and control of all water\nof the Territory is vested in the Territory and is exercisable by the\nMinister on behalf of the Territory.\n\n","sortOrder":5},{"sectionNumber":"7A","sectionType":"section","heading":"Application of Act to national land and Googong Dam","content":"7A Application of Act to national land and Googong Dam\nArea\n(1) For this Act, the water resources of the Territory include—\n(a) surface water and ground water on national land; and\n(b) the surface water of the Googong Dam Area.\nNote 1 Under the Australian Capital Territory (Planning and Land\nManagement) Act 1988 (Cwlth), the Territory is responsible for the\nmanagement or regulation, or both, of the taking of water on national land\n(see that Act, s 29 (1) (c)).\nNote 2 Under the Water Act 2007 (Cwlth), the surface water of the Googong\nDam Area is to be treated as if it were in the ACT (see that Act, s 63A)\nand the Territory is responsible for the water resource plan for that area\n(see that Act, s 22 (1) (Content of Basin Plan), table item 2 and div 2\n(Water resource plans for particular water resource plan areas)).\n(2) In this section:\nGoogong Dam Area—see the Canberra Water Supply (Googong\nDam) Act 1974 (Cwlth), section 3.\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Surface water","content":"8 Surface water\nFor this Act, surface water means—\n(a) water on or flowing over land (including in a waterway) after\nhaving—\n(i) fallen as rain or hail or precipitated in any other way; or\n(ii) risen to the surface naturally from underground; or\n(iii) been returned to the environment following treatment or\nuse; and\n(b) water mentioned in paragraph (a) that has been collected in a\ndam, reservoir or rainwater tank.\n\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Ground water","content":"9 Ground water\n(1) For this Act, ground water means water occurring or obtained from\nbelow the surface of the ground or beneath a waterway.\n(2) Ground water includes water occurring in or obtained or flowing\nfrom a bore.\n(3) However, ground water does not include water occurring in or\nobtained or flowing from any other system for the distribution,\nreticulation, transportation, storage or treatment of water or waste.\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Waterway","content":"10 Waterway\n(1) For this Act, waterway means—\n(a) a river, creek, stream or other natural channel in which water\nflows (whether continuously or intermittently); or\n(b) the stormwater system or any other channel formed (whether\ncompletely or partly) by altering or relocating a waterway\nmentioned in paragraph (a); or\n(c) a lake, pond, lagoon or marsh (whether formed by geomorphic\nprocesses or by works) in which water collects (whether\ncontinuously or intermittently).\n(2) Waterway includes—\n(a) the bed that the water in the waterway normally flows over or is\ncovered by; and\n(b) the banks that the water in the waterway normally flows between\nor is contained by.\n(3) However, waterway does not include land normally not part of the\nwaterway that may be covered from time to time by floodwaters from\nthe waterway.\n\nstormwater means water run-off that is normally collected by a\nstormwater system.\nstormwater system means a system of pipes, gutters, drains and\nchannels that are public works constructed to collect or transport\nstormwater in or through an urban area.\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Taking water","content":"11 Taking water\n(1) For this Act, take water includes—\n(a) in relation to surface water—\n(i) withdraw, pump, extract or use surface water; and\n(ii) divert surface water for the purpose of using it; and\n(iii) do anything else that results in a reduction of flow of\nsurface water in a waterway; and\n(b) in relation to ground water—allow ground water to flow or be\npumped from a bore.\n(2) However, a person does not take water if the person uses water taken\nby someone else under a licence to take water.\nExample—s (2)\nusing water provided by a water utility\n","sortOrder":10},{"sectionNumber":"11A","sectionType":"section","heading":"ACT water resource plan","content":"11A ACT water resource plan\n(1) The ACT water resource plan consists of the following:\n(a) the environmental flow guidelines, if any;\n(b) the determination of water management areas;\n(c) the determination of the total amounts of surface water and\nground water available for taking under section 17;\n\n(d) guidelines determined under section 18, if any, for working out\nreasonable amounts of water for particular uses;\n(e) anything else prescribed by regulation.\n(2) The ACT water resource plan may apply, adopt or incorporate a law\nor instrument as in force from time to time.\n(3) The Legislation Act, section 47 (6) does not apply in relation to a law\nor instrument applied, adopted or incorporated as in force from time\nto time under this section.\nNote A law or instrument applied, adopted or incorporated under this section\ndoes not need to be notified under the Legislation Act because s 47 (6)\ndoes not apply (see Legislation Act, s 47 (7)).\n\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Environmental flow guidelines","content":"12 Environmental flow guidelines\n(1) The Minister may approve guidelines (environmental flow\nguidelines) for working out the flow of water that is needed to\nmaintain aquatic ecosystems.\n(2) Environmental flow guidelines approved by the Minister are a\ndisallowable instrument.\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Environmental flow guidelines—preparation by","content":"13 Environmental flow guidelines—preparation by\ndirector-general\n(1) Before the Minister approves environmental flow guidelines, the\ndirector-general must prepare draft environmental flow guidelines for\nthe Minister’s approval.\n(2) In preparing draft guidelines, the director-general—\n(a) must consider principally the ecological needs of aquatic\necosystems; and\n(b) may consider the environmental, economic and social impact of\nthe guidelines.\n(3) The director-general must consult with the authority in preparing the\ndraft guidelines.\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Environmental flow guidelines—consultation","content":"14 Environmental flow guidelines—consultation\n(1) After preparing draft guidelines under section 13, the director-general\nmust prepare a notice (a consultation notice)—\n(a) containing a brief description of the draft guidelines; and\n(b) stating that copies of the draft guidelines are available for public\ninspection for a period (the consultation period) and at the place\nstated in the notice; and\n\nEnvironmental flow guidelines Part 3\n(c) inviting people to give written comments about the draft\nguidelines to the director-general in the consultation period.\n(2) The consultation period must be at least 60 days.\n(3) The consultation notice is a notifiable instrument.\n(4) The director-general must give additional public notice of the\nconsultation notice.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1). The\nrequirement in s (4) is in addition to the requirement for notification on\nthe legislation register as a notifiable instrument.\n(5) The director-general must consider any written comments received in\nthe consultation period and may revise the draft guidelines in\naccordance with the comments as the director-general considers\nappropriate.\n(6) This section does not apply to a draft amendment of the\nenvironmental flow guidelines that is to make formal changes only.\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Environmental flow guidelines—submission to Minister","content":"15 Environmental flow guidelines—submission to Minister\n(1) The director-general must submit the draft guidelines (including any\nrevision under section 14 (5)) to the Minister for approval, together\nwith a written report—\n(a) about the director-general’s consultation with the public and\nwith any particular person or entity about the draft guidelines;\nand\n(b) setting out the issues raised in the comments given to the\ndirector-general under section 14 in the consultation period.\n(2) On receiving draft guidelines submitted for approval, the Minister\nmay—\n(a) approve the guidelines as submitted; or\n\n(b) refer the draft back to the director-general with a written\ndirection to do 1 or more of the following:\n(i) conduct further stated consultation;\n(ii) consider any revision suggested by the Minister;\n(iii) revise the draft in a stated way.\n(3) If the Minister refers draft guidelines back to the director-general\nunder subsection (2) (b), the director-general must—\n(a) comply with the Minister’s directions; and\n(b) resubmit the draft guidelines (with any revisions required) to the\nMinister for approval together with a written report about the\ndirector-general’s compliance with the Minister’s directions and\nabout any revision of the draft guidelines.\n(4) Subsection (2) applies to draft guidelines resubmitted to the Minister\nfor approval.\n\nEnvironmental values Part 3A\n","sortOrder":15},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Environmental values","content":"Part 3A Environmental values\n","sortOrder":16},{"sectionNumber":"15A","sectionType":"section","heading":"Environmental values for waterways","content":"15A Environmental values for waterways\n(1) The Minister must determine environmental values for waterways in\nthe ACT.\n(2) A determination is a notifiable instrument.\n\n","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Water management areas","content":"16 Water management areas\n(1) The Minister must determine areas (water management areas) for\nmanaging the water resources of the Territory.\n","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Amounts of water available from areas","content":"17 Amounts of water available from areas\n(1) The Minister must determine—\n(a) the total amount of surface water that is available for taking in\neach water management area; and\n(b) the total amount of ground water that is available for taking in\neach water management area.\n(2) The amounts must be determined taking into account—\n(a) the environmental flow guidelines; and\n(b) the total water resources of the Territory; and\n(c) any assessment undertaken by the director-general to establish\nsustainable yields for the water management area.\n(3) However, the amount determined must not be more than—\n(a) for subsection (1) (a)—the SDL for surface water; and\n(b) for subsection (1) (b)—the SDL for ground water.\n(4) The Minister may also determine, for any water management area, an\namount of the water determined under subsection (1) that is to be\nreserved for future use.\n(5) If the Minister makes a determination reducing the amount of water\nreserved for future use under subsection (4), the determination may\nstate the reason for the reduction.\n(6) A determination under this section is a disallowable instrument.\n\n(7) In this section:\nBasin Plan means the Basin Plan made under the Water Act 2007\n(Cwlth), section 44 (3) (b) (i).\nSDL for ground water means the long-term average sustainable\ndiversion limit for ground water for the ACT set out in the Basin Plan.\nSDL for surface water means the long-term average sustainable\ndiversion limit for surface water for the ACT set out in the Basin Plan.\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Amounts of water reasonable for uses","content":"18 Amounts of water reasonable for uses\n(1) The Minister may determine guidelines for working out the amounts\nof water that are reasonable amounts for particular uses.\nNote Decisions about granting water access entitlements and issuing licences\nto take water require consideration of what are reasonable amounts for\nintended uses (see s 21 (2) (a) (ii) and s 30 (2) (c)).\n","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Water access entitlements","content":"19 Water access entitlements\n(1) A water access entitlement is an entitlement to the amount of surface\nwater or ground water stated in the entitlement.\n(2) The amount must be stated as the lesser of—\n(a) a percentage of the total amount of the surface water or ground\nwater available for taking from time to time in the water\nmanagement area stated in the entitlement; and\n(b) a stated maximum volume.\nNote Because a water access entitlement entitles the holder to a percentage of\nthe water available for taking, and that amount is likely to vary from time\nto time, the entitlement does not guarantee that a particular volume of\nwater, or any water, will be available under the entitlement.\n\n","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Water access entitlement—application","content":"20 Water access entitlement—application\n(1) A person may apply to the Minister for a water access entitlement.\n(2) The application must be in writing and must state—\n(a) the applicant’s name; and\n(b) whether the applicant seeks surface water or ground water; and\n(c) the amount of water sought; and\n(d) the water management area to which the amount relates; and\n(e) the intended use of the water; and\n(f) the place where the applicant intends to access the water and the\nbasis of the applicant’s right to have access to that place.\n(3) The Minister may, by written notice given to the applicant, require\nthe applicant to give the Minister additional information or\ndocuments the Minister reasonably needs to decide the application.\n(4) If the applicant does not comply with a requirement under\nsubsection (3), the Minister may refuse to consider the application\n","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Water access entitlement—decision on application","content":"21 Water access entitlement—decision on application\n(1) On application by a person for a water access entitlement, the\nMinister must—\n(a) grant the water access entitlement; or\n(b) refuse to grant the water access entitlement.\n\n(2) The Minister must not grant the water access entitlement unless\nsatisfied that—\n(a) the amount of water to which the entitlement would give\naccess—\n(i) is available for taking having regard to any determination\nin force under section 17 (Amounts of water available from\nareas) and any other water access entitlements and\nsurviving allocations that exist in relation to the water\nmanagement area; and\n(ii) is not more than a reasonable amount for the intended use\nhaving regard to any determination in force under\nsection 18 (Amounts of water reasonable for uses); and\n(b) the water is not intended to be used on urban residential\nproperty; and\n(c) the intended use of the water is otherwise consistent with the\nterritory plan; and\n(d) the applicant does not hold a surviving allocation; and\nNote Surviving allocations are water allocations that were granted under\nthe repealed Act. A person holding a surviving allocation may\nsurrender it, and be granted a water access entitlement, under this\nAct, pt 13 (Surviving allocations).\n(e) it is appropriate to grant the entitlement having regard to—\n(i) the applicant’s environmental record; and\n(ii) anything else the Minister considers relevant.\n(3) Subsection (2) (b) does not apply if the applicant is a water utility.\n\n(4) In deciding applications, the Minister must give priority—\n(a) first, to any application for surface water by the owner or\noccupier of land who—\n(i) was previously able to take water without a licence because\nthe water was taken from a waterway on or immediately\nadjacent to the land; and\n(ii) can no longer do so because a boundary change was made\nto the land, on the Territory’s initiative, after the\ncommencement of this Act; and\n(iii) is seeking the water for stock or domestic use; and\n(b) second, to any application by a person who does not have access\nto urban water supply and is seeking the water for stock or\ndomestic use; and\n(c) after that, as the Minister considers appropriate.\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Water access entitlement—content","content":"22 Water access entitlement—content\nA water access entitlement must state—\n(a) the name of the holder of the entitlement; and\n(b) the amount of surface water or ground water that may be taken;\nand\nNote The amount must be stated as the lesser of a percentage of the total\namount of water available for taking in the water management area\nand a stated maximum volume (see s 19 (2)).\n(c) the water management area to which the amount relates; and\n(d) if the holder does not have access to urban water supply and the\nentitlement is for water for stock or domestic use—\n(i) that the water is for stock or domestic use; and\n(ii) the place where the water may be taken; and\n\n(e) anything else required under this Act to be stated in the water\naccess entitlement.\n","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Water access entitlement—conditions","content":"23 Water access entitlement—conditions\n(1) A water access entitlement is subject to any condition—\n(a) imposed when the entitlement is granted; or\n(b) prescribed by regulation; or\n(c) imposed on amendment of the entitlement under section 24.\nExamples of conditions to which water access entitlement may be subject\n1 that the water may be used only for the purpose stated in the entitlement\n2 that the water may be used only in a water management area\n3 that the water may be taken only from the place stated in the entitlement\n4 for an entitlement to ground water granted to enable a bore to be drilled—that\nthe entitlement will expire at the end of 12 months after the entitlement is\ngranted if ground water is not found in that period\n(2) The conditions to which a water access entitlement is subject are\ntaken to be conditions of any licence to take water that is based on the\nentitlement.\n","sortOrder":25},{"sectionNumber":"24","sectionType":"section","heading":"Water access entitlement—amendment","content":"24 Water access entitlement—amendment\n(1) The authority may amend a water access entitlement, including by\nimposing a condition on, or amending an existing condition of, the\nentitlement.\n(2) However, the authority may amend an entitlement only if—\n(a) the authority has given the holder of the entitlement written\nnotice of the proposed amendment; and\n\n(b) the notice states that written comments on the proposal may be\nmade to the authority before the end of a stated period of at least\n14 days after the day the notice is given to the holder; and\n(c) the authority has considered any comments made before the end\nof the stated period.\n(3) Subsection (2) does not apply if the holder applied for, or agreed in\nwriting to, the proposed amendment.\n(4) The amendment of an entitlement takes effect on—\n(a) the date on which notice of the amendment is given to the\nholder; or\n(b) if a later date is stated in the notice—that date.\n(5) A condition imposed or amended by the authority must not be\ninconsistent with any condition prescribed by regulation that applies\nto the entitlement.\n(6) This section does not apply to an amendment made under section 25.\n","sortOrder":26},{"sectionNumber":"25","sectionType":"section","heading":"Water access entitlement—special provision for certain","content":"25 Water access entitlement—special provision for certain\nentitlements based on surviving allocations etc\n(1) This section applies to a water access entitlement granted by the\nauthority under section 111 (Surviving allocations—surrender\ngenerally) or section 202 (Water access entitlement for certain\nexisting licence holders) that includes a statement about where the\nwater may be taken.\nNote 1 The statement is included on—\n• water access entitlements granted under s 111 if no fee was paid\nunder the repealed Act for the grant of the surrendered allocation;\nand\n• all water access entitlements granted under s 202.\nNote 2 Section 202 was in pt 20 (Transitional) which expired in 2008.\nA transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\n(2) On application by the holder of the entitlement, the authority must\namend the water access entitlement to remove the statement.\n(3) The authority must also amend the entitlement to remove the\nstatement before—\n(a) approving a transfer of the entitlement; or\n(b) making any other amendment of the entitlement.\nExample—s (3) (b)\nchanging the percentage of water that may be taken stated in the entitlement\n(4) Subsection (3) does not apply in relation to—\n(a) an entitlement held by a water utility; or\n(b) an entitlement that—\n(i) is held by a person who does not have access to urban water\nsupply; and\n(ii) is for water for stock or domestic use; or\n(c) an amendment of an entitlement held by an individual that is to\nbe made only because the individual has changed their name.\n","sortOrder":27},{"sectionNumber":"26","sectionType":"section","heading":"Water access entitlement—transfer","content":"26 Water access entitlement—transfer\n(1) The holder of a water access entitlement may, with the approval of\nthe authority, transfer the whole or part of the entitlement to someone\nelse.\n(2) The authority must not approve the transfer of a water access\nentitlement unless satisfied that—\n(a) the intended use of the water and the place it is proposed to be\nused is—\n(i) consistent with the conditions of the entitlement; and\n\n(ii) either—\n(A) consistent with the territory plan; or\n(B) approved by the authority responsible for water\nmanagement in the State or Territory where the water\nis to be used; and\n(b) it is appropriate to approve the transfer having regard to—\n(i) the transferee’s environmental record; and\n(3) A transfer of a water access entitlement may be absolute or for a\nlimited period.\n(4) A transfer of part of a water access entitlement must be for units no\nsmaller than 0.5ML.\n(5) A water access entitlement that entitles the holder to water for stock\nor domestic use on particular land may be transferred to someone else\nonly if the holder’s interest in the land is also transferred to that\nperson.\n(6) A regulation may make provision in relation to the transfer of water\naccess entitlements.\n","sortOrder":28},{"sectionNumber":"27","sectionType":"section","heading":"Water access entitlement—effect of transfer on licence to","content":"27 Water access entitlement—effect of transfer on licence to\ntake water\n(1) If a person transfers absolutely the whole of a water access\nlicence to take water relates, the licence is taken to be cancelled.\n(2) If a person transfers, for a limited period, the whole of a water access\nlicence to take water relates, the licence is taken to be suspended for\nthe period.\n\n(3) If a person transfers absolutely part of a water access entitlement or\ncorresponding water access entitlement to which a licence to take\nwater relates, the amount of water the person is authorised to take\nunder the licence is taken to be reduced by the amount of the transfer.\n(4) If a person transfers, for a limited period, part of a water access\nlicence to take water relates, the amount of water the person is\nauthorised to take under the licence is taken to be reduced by the\namount of the transfer for the period.\n(5) In this section:\ncorresponding water access entitlement means a water access\nentitlement (however described) granted under a law of the\nCommonwealth, a State or another Territory that regulates the\ngranting of entitlements to water and is prescribed by regulation for\nthis definition.\n\n","sortOrder":29},{"sectionNumber":"28","sectionType":"section","heading":"Licence to take water—requirement","content":"28 Licence to take water—requirement\n(1) A person must not take water from a place if the person does not have\na licence to take the water from the place.\n(2) However, a licence is not required for—\n(a) the taking of water from a waterway—\n(i) for camping or similar purposes; or\n(ii) for watering travelling stock; or\nExamples—par (a) (i)\n1 bushwalking\n2 picnicking\n(b) the taking of rainwater from a rainwater tank that—\n(i) has been installed in accordance with a development\napproval under the Planning Act 2023, chapter 7\n(Development assessment and approvals); or\n(ii) is an exempt development within the meaning of that Act;\nor\n(c) the owner or occupier of land on or immediately adjacent to\nwhich there is a waterway who takes water from the waterway,\nor surface water from the land, for stock or domestic use; or\n(d) the exercise or purported exercise by a relevant person of a\nfunction under the Emergencies Act 2004 for the purpose of—\n(i) protecting life or property; or\n(ii) controlling, extinguishing or preventing the spread of a\nfire; or\n\n(e) the taking of water by a person who is exempt under a regulation\nfrom the requirement to have a licence.\nemergency controller—see the Emergencies Act 2004, dictionary.\nrelevant person means—\n(a) an emergency controller; or\n(b) a member of the ambulance service; or\n(c) a member of the fire and rescue service; or\n(d) a member of the rural fire service; or\n(e) a member of the SES; or\n(f) any other person under the control of—\n(i) an emergency controller; or\n(ii) the chief officer (ambulance service); or\n(iii) the chief officer (fire and rescue service); or\n(iv) the chief officer (rural fire service); or\n(v) the chief officer (SES); or\n(g) a police officer.\n","sortOrder":30},{"sectionNumber":"29","sectionType":"section","heading":"Licence to take water—application","content":"29 Licence to take water—application\n(1) A person may apply to the authority for a licence to take water from\na stated place.\n\n","sortOrder":31},{"sectionNumber":"30","sectionType":"section","heading":"Licence to take water—decision on application","content":"30 Licence to take water—decision on application\n(1) On application by a person for a licence to take water, the authority\n(2) The authority must not issue the licence unless satisfied that—\n(a) the applicant—\n(i) holds a water access entitlement, a corresponding water\naccess entitlement or a surviving allocation on which to\nbase the taking of water under the licence; or\n(ii) is exempt from this requirement under a regulation; and\n(b) the water to be taken under the licence is to be taken from—\n(i) the water management area stated in the water access\nentitlement or subcatchment stated in the surviving\nallocation; or\n(ii) another water management area from which the water may\nbe taken under section 32 (Licence to take water—where\nwater may be taken) or under a regulation; and\n(c) the amount of water to be taken under the licence is not more\nthan a reasonable amount for the intended use having regard to\nany determination in force under section 18; and\n(d) the water is not intended to be used on urban residential\nproperty; and\n(e) the intended use of the water is otherwise consistent with the\nterritory plan; and\n\n(f) the applicant has lawful authority—\n(i) to obtain access to the place from which the water is to be\ntaken under the licence; and\n(ii) if the water is to be diverted from that place to where it is\nto be used—to divert the water; and\n(g) if the application relates to a development for which an approval\nis required under the Planning Act 2023, chapter 7\n(Development assessment and approvals)—the development\nhas been approved under that chapter.\n(3) Also the authority must not issue the licence unless satisfied it is\nappropriate to do so having regard to—\n(a) the applicant’s environmental record; and\n(b) whether issuing the licence would or may—\n(i) adversely affect the environmental flows for a particular\nwaterway or aquifer that are required under the\nenvironmental flow guidelines; or\n(ii) adversely affect the environment in any other way; or\n(iii) adversely affect the interests of other water users; and\n(c) anything else the authority considers relevant.\n(4) Subsection (2) (d) does not apply—\n(a) to a water utility; or\n(b) if the entitlement on which the licence is to be based—\n(i) was granted under section 111 (Surviving allocations—\nsurrender generally) or section 202 (Water access\nentitlement for certain existing licence holders) (whether\nor not it has been later transferred); and\n(ii) allows the water to be used on stated urban residential\nproperty.\n\n(5) A regulation made for subsection (2) (a) may authorise the authority\nto exempt a person from the requirement mentioned in that subsection\nin the circumstances prescribed by regulation.\n","sortOrder":32},{"sectionNumber":"31","sectionType":"section","heading":"Licence to take water—conditions","content":"31 Licence to take water—conditions\n(1) A licence to take water is subject to any condition—\nExamples of conditions to which licence may be subject\n1 that records must be kept\n2 that a water meter must be installed, operated and maintained\n3 that information about compliance with licence conditions must be given to\nthe authority\n4 that monitoring and testing must be done after water is taken\n5 that places from which water is taken must be marked in a stated way\n6 that water may only be taken at a stated rate (which may be different for\ndifferent days of the year)\n7 that not more than a stated maximum amount of water may be taken\n8 that water must not be taken from a waterway at a time when there is no or\nlittle flow in the waterway\n9 that the authority must be allowed to conduct regular routine inspections\nNote The licence is also subject to any condition that applies to a water access\nentitlement on which the licence is based (see s 23 (2)).\n","sortOrder":33},{"sectionNumber":"32","sectionType":"section","heading":"Licence to take water—where water may be taken","content":"32 Licence to take water—where water may be taken\n(1) A licence to take water held by a water utility may authorise the utility\nto take surface water under the licence from—\n(a) the water management area stated in the water access\nentitlement on which the licence is based; or\n\n(b) a place in a waterway that is downstream from the water\nmanagement area; or\n(c) any other water management area for which the utility holds a\nwater access entitlement.\n(2) A licence to take water held by a person other than a water utility may\nauthorise the person to take surface water under the licence from—\n(a) the water management area stated in the water access\nentitlement on which the licence is based; or\n(b) if the water management area is prescribed by regulation for this\nparagraph—a place in a waterway that is downstream from the\nwater management area; or\n(c) if the water is to be used for road works, earthworks or other\nconstruction, or landscaping—any water management area.\n(3) A licence to take water must not authorise ground water to be taken\nunder the licence from a water management area other than the water\nmanagement area stated in the water access entitlement on which the\nlicence is based.\nwater access entitlement includes a surviving allocation.\nNote Surviving allocation is defined in s 110.\n\n","sortOrder":34},{"sectionNumber":"33","sectionType":"section","heading":"Driller’s licence—requirement","content":"33 Driller’s licence—requirement\nA person must not do bore work if the person does not have a driller’s\nlicence to do the bore work.\n","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"Driller’s licence—application","content":"34 Driller’s licence—application\n(1) A person may apply to the authority for a driller’s licence.\n","sortOrder":36},{"sectionNumber":"35","sectionType":"section","heading":"Driller’s licence—decision on application","content":"35 Driller’s licence—decision on application\n(1) On application by a person for a driller’s licence, the authority must—\n(2) The authority must not issue a driller’s licence unless satisfied that—\n(a) the applicant has the qualifications (if any) approved under\nsubsection (3); and\n(b) it is appropriate to issue the licence having regard to—\n(i) the applicant’s environmental record; and\n(3) The authority may approve qualifications that must be held by a\nperson who holds a driller’s licence.\n(4) An approval is a notifiable instrument.\n\nBore work licences Division 5.3\n","sortOrder":37},{"sectionNumber":"36","sectionType":"section","heading":"Driller’s licence—conditions","content":"36 Driller’s licence—conditions\n(1) A driller’s licence is subject to any condition—\n","sortOrder":38},{"sectionNumber":"37","sectionType":"section","heading":"Bore work licence—requirement","content":"37 Bore work licence—requirement\n(1) A person who is the owner or occupier of land must not allow bore\nwork to be done on the land if the person does not have a bore work\nlicence for the bore work.\n(2) This section does not apply to bore work that is exempt from the\nrequirement for a bore work licence under a regulation.\n","sortOrder":39},{"sectionNumber":"38","sectionType":"section","heading":"Bore work licence—application","content":"38 Bore work licence—application\n(1) A person may apply to the authority for a licence to do bore work.\n","sortOrder":40},{"sectionNumber":"39","sectionType":"section","heading":"Bore work licence—decision on application","content":"39 Bore work licence—decision on application\n(1) On application by a person for a bore work licence, the authority\n\n(2) The authority must not issue a bore work licence unless satisfied\nthat—\n(a) either—\n(i) the bore work is for a monitoring bore; or\n(ii) the applicant holds a water access entitlement or surviving\nallocation for ground water to be taken from the bore; and\n(b) it is appropriate to issue the licence having regard to—\n(i) the proximity of any existing bores; and\nmonitoring bore means a bore that—\n(a) enters an aquifer; and\n(b) is used to monitor the depth and fluctuations of depth in the\naquifer.\n","sortOrder":41},{"sectionNumber":"40","sectionType":"section","heading":"Bore work licence—conditions","content":"40 Bore work licence—conditions\n(1) A bore work licence is subject to any condition—\n\nWaterway work licences Division 5.4\n","sortOrder":42},{"sectionNumber":"41","sectionType":"section","heading":"Definitions––Act","content":"41 Definitions––Act\nIn this Act:\nwater structure means—\n(a) a dam (whether or not it is in or on a waterway); or\n(b) another water retention structure in or on a waterway.\nwaterway work means—\n(a) constructing or altering a water structure; or\n(b) doing other work in or on a waterway.\n","sortOrder":43},{"sectionNumber":"42","sectionType":"section","heading":"Waterway work licence—requirement","content":"42 Waterway work licence—requirement\n(1) A person must not do waterway work if—\n(a) the work adversely affects, or may adversely affect, the flow or\nquality of water, or the aquatic habitat, in the waterway; and\n(b) the person does not have—\n(i) a waterway work licence for the waterway work; or\n(ii) authority for an activity that includes the waterway work\nunder the Environment Protection Act 1997.\n(2) However, a waterway work licence is not required if the work to be\nundertaken is—\n(a) the construction or alteration of—\n(i) a water structure that has a capacity of less than 2ML and\nis not in a waterway; or\n(ii) a structure prescribed by regulation; or\n(b) undertaken as part of an authorised activity under the\nEnvironment Protection Act 1997; or\n\n(c) undertaken under an environmental protection agreement under\nthe Environment Protection Act 1997.\n","sortOrder":44},{"sectionNumber":"43","sectionType":"section","heading":"Waterway work licence—application","content":"43 Waterway work licence—application\n(1) A person may apply to the authority for a licence to do waterway\nwork.\n","sortOrder":45},{"sectionNumber":"44","sectionType":"section","heading":"Waterway work licence—decision on application","content":"44 Waterway work licence—decision on application\n(1) On application by a person for a waterway work licence, the authority\n(2) The authority must not issue a waterway work licence unless satisfied\nit is appropriate to do so having regard to—\n(a) whether issuing the licence would or may—\n(i) adversely affect the environmental flows for a particular\nwaterway or aquifer that are required under the\nenvironmental flow guidelines; or\n(ii) adversely affect the environment in any other way; or\n(iii) adversely affect the interests of other water users; and\n(b) whether the work would be in the interests of the public; and\n\nRecharge licences Division 5.5\n(c) for work that involves the construction or alteration of a water\nstructure—\n(i) whether the structure is designed to allow water to pass\nover, under or through it; and\n(ii) the need for the structure and whether another more\nappropriate approach is available; and\n(d) anything else the authority considers relevant.\n45 Waterway work licence—conditions\n(1) A waterway work licence is subject to any condition—\n46 Planning Act 2023 not affected\nThis division does not affect the operation of the Planning Act 2023.\n47 Recharge licence—requirement\nA person must not construct, operate or alter works for the purpose of\nincreasing the quantity of ground water if the person does not have a\nrecharge licence for the work.\n","sortOrder":46},{"sectionNumber":"48","sectionType":"section","heading":"Recharge licence—application","content":"48 Recharge licence—application\n(1) A person may apply to the authority for a recharge licence.\n\n","sortOrder":47},{"sectionNumber":"49","sectionType":"section","heading":"Recharge licence—decision on application","content":"49 Recharge licence—decision on application\n(1) On application by a person for a recharge licence, the authority\n(2) The authority must not issue a recharge licence unless satisfied it is\nappropriate to do so having regard to—\n(a) the applicant’s environmental record; and\n(b) the risk of the rising level of ground water damaging soil, rock\nor structures; and\n(c) the risk of damaging ecosystems that depend on the area in\nquestion; and\n(d) the risk of affecting the natural drainage of surface water of the\narea in question; and\n(e) anything else the authority considers relevant.\n","sortOrder":48},{"sectionNumber":"50","sectionType":"section","heading":"Recharge licence—conditions","content":"50 Recharge licence—conditions\n(1) A recharge licence is subject to any condition—\n\nLicences—general provisions Division 5.6\n","sortOrder":49},{"sectionNumber":"51","sectionType":"section","heading":"Recharge licence—cancellation","content":"51 Recharge licence—cancellation\nThe authority may cancel a recharge licence if satisfied that the work\nbeing carried out under the licence is—\n(a) damaging soil, rock or structures; or\n(b) damaging ecosystems that depend on the area in question; or\n(c) affecting the natural drainage of surface water of the area in\nquestion.\nNote A recharge licence may also be cancelled under pt 6 (Disciplinary action)\nor s 106 (Nonpayment of fees).\n","sortOrder":50},{"sectionNumber":"52","sectionType":"section","heading":"Licences—term","content":"52 Licences—term\nA licence is issued for the term stated in the licence.\n","sortOrder":51},{"sectionNumber":"53","sectionType":"section","heading":"Licences—renewal","content":"53 Licences—renewal\n(1) The holder of a licence may apply, in writing, to the authority for\nrenewal of the licence.\n(2) The application must be made not later than 14 days before the end\nof the licence period.\n(3) If the application is made in accordance with subsection (2), the\nlicence remains in force, subject to this Act, until the application is\ndecided.\n(4) On application to renew a licence, the authority must—\n(a) renew the licence; or\n(b) refuse to renew the licence.\n(5) If the authority renews the licence, the renewal of the licence begins\non the day after the day the licence being renewed ends.\n\n(6) A suspended licence may be renewed, but the renewed licence is\nsuspended until the suspension ends.\n","sortOrder":52},{"sectionNumber":"54","sectionType":"section","heading":"Licences—not transferable","content":"54 Licences—not transferable\nA licence is not transferable.\n","sortOrder":53},{"sectionNumber":"55","sectionType":"section","heading":"Licences—amendment","content":"55 Licences—amendment\n(1) The authority may amend a licence, including by imposing a\ncondition on, or amending an existing condition of, the licence.\n(2) However, the authority may amend a licence only if—\n(a) the authority has given the licence holder written notice of the\nproposed amendment; and\n(b) the notice states that written comments on the proposal may be\nmade to the authority before the end of a stated period of at least\n14 days after the day the notice is given to the holder; and\n(c) the authority has considered any written comments made before\nthe end of the stated period.\n(3) Subsection (2) does not apply if the holder applied for, or agreed in\nwriting to, the proposed amendment.\n(4) A condition imposed or amended by the authority must not be\ninconsistent with any condition prescribed by regulation that applies\nto the licence.\n(5) The amendment of a licence takes effect on—\n(a) the date on which notice of the amendment is given to the\nholder; or\n(b) if a later date is stated in the notice—that date.\n","sortOrder":54},{"sectionNumber":"56","sectionType":"section","heading":"Licences—surrender","content":"56 Licences—surrender\nThe holder of a licence may surrender the licence to the authority by\nwritten notice accompanied by the licence.\n\nLicences—general provisions Division 5.6\n","sortOrder":55},{"sectionNumber":"58","sectionType":"section","heading":"Licence conditions—requirement","content":"58 Licence conditions—requirement\nThe holder of a licence must comply with a condition of the licence.\n\n","sortOrder":56},{"sectionNumber":"60","sectionType":"section","heading":"Grounds for disciplinary action","content":"60 Grounds for disciplinary action\nEach of the following is a ground for disciplinary action against a\nperson who holds a water access entitlement, surviving allocation or\nlicence:\n(a) the person gave information to the Minister or authority in\nrelation to the application for, or an application for amendment\nof, the entitlement, allocation or licence that was false or\nmisleading in a material particular;\n(b) the person has contravened, or is contravening, a condition of\nthe entitlement, allocation or licence;\n(c) the person has contravened, or is contravening, this Act (or a\nrequirement made under this Act), whether or not the holder has\nbeen convicted or found guilty of an offence for the\ncontravention;\n(d) the person has contravened, or is contravening, another territory\nlaw or a law of the Commonwealth, a State or another Territory\n(whether or not the person has been convicted or found guilty of\nan offence for the contravention) and the authority has\nreasonable grounds for believing that the contravention would\nadversely affect the person’s suitability to hold the entitlement,\nallocation or licence.\n\nDisciplinary action Part 6\n","sortOrder":57},{"sectionNumber":"61","sectionType":"section","heading":"Disciplinary action","content":"61 Disciplinary action\nEach of the following is disciplinary action when taken against a\nperson who is the holder of a water access entitlement, surviving\nallocation or licence:\n(a) reprimanding the person;\n(b) for a driller’s licence—requiring the person to complete a stated\ncourse of training to the satisfaction of the authority or another\nstated person;\n(c) amending the entitlement, allocation or licence, including by\nimposing a condition on it or amending any of its conditions;\n(d) suspending the entitlement, allocation or licence—\n(i) for a stated period; or\n(ii) until a stated event happens;\n(e) cancelling the entitlement, allocation or licence;\n(f) cancelling the entitlement, allocation or licence and\ndisqualifying the person from applying for an entitlement or\nlicence—\n(i) for a stated period; or\n(ii) until a stated event happens.\n","sortOrder":58},{"sectionNumber":"62","sectionType":"section","heading":"Taking disciplinary action","content":"62 Taking disciplinary action\n(1) If the authority proposes to take disciplinary action in relation to a\nperson, the authority must give the person a written notice\n(a disciplinary notice) that—\n(a) states the proposed action (including any proposed suspension\nor disqualification period or amendment of an entitlement,\nallocation or licence); and\n(b) states the grounds for the proposed action; and\n\n(c) tells the person that the person may, not later than 14 days after\nthe day the person receives the notice, give a written response to\nthe authority about the notice.\n(2) In deciding whether to take disciplinary action, the authority must\nconsider any response given to the authority by the person in\naccordance with the notice.\n(3) The authority may take the proposed disciplinary action in relation to\nthe person if satisfied that a ground for taking disciplinary action has\nbeen established in relation to the person.\n(4) The authority must give the person written notice of the authority’s\ndecision.\n(5) Disciplinary action under this section takes effect on—\n(a) the day when notice of the decision is given to the person; or\n(b) if the notice states a later date of effect—that date.\n","sortOrder":59},{"sectionNumber":"63","sectionType":"section","heading":"Effect of suspension of entitlement, allocation or licence","content":"63 Effect of suspension of entitlement, allocation or licence\n(1) If a water access entitlement, surviving allocation or licence is\nsuspended—\n(a) the entitlement, allocation or licence does not authorise the\nholder to do anything authorised under the entitlement,\nallocation or licence during the suspension; and\n(b) the holder is, during the suspension—\n(i) taken not to hold the entitlement, allocation or licence; and\n(ii) disqualified from applying for an entitlement or licence.\n(2) However, the entitlement may still be transferred, and the allocation\nmay still be surrendered, in accordance with this Act.\n(3) The authority may end the suspension of an entitlement that is\ntransferred or an allocation that is surrendered.\n\nAdministration Part 7\n","sortOrder":60},{"sectionNumber":"64","sectionType":"section","heading":"Functions—director-general and authority","content":"64 Functions—director-general and authority\n(1) The director-general has the following functions under this Act:\n(a) to keep the condition of the Territory’s water resources under\nreview;\n(b) to lead and coordinate policy development in relation to the\nTerritory’s water resources;\n(c) to compile, maintain and provide information about the\ncondition of the Territory’s water resources;\n(d) to foster public education about management of water resources,\nincluding the importance of efficient use of water;\n(e) to progress national water resource measures made under\nnational scheme laws or intergovernmental agreements to which\nthe Territory is a party relating to water resource management;\n(f) to confer and exchange information relating to water resource\nmanagement with any entity having functions corresponding to\nthe director-general’s functions under a corresponding law;\nExamples—information relating to water resource management\nwater trading, Murray Darling Basin monitoring and evaluation, hydrological\nmodelling\n(g) any other functions given to the director-general under this Act.\n(2) The authority has the following functions under this Act:\n(a) to regulate the use of water from waterways;\n(b) to compile, maintain and provide information about the use of\nthe Territory’s water resources;\n(c) to share the information mentioned in paragraph (b) with a\nTerritory entity if the information is necessary for the entity to\ncarry out its functions;\n\n(d) to implement national water resource measures made under\nnational scheme laws or intergovernmental agreements to which\nthe Territory is a party relating to water resource protection,\nregulation and compliance;\n(e) to confer and exchange information relating to water resource\nprotection, regulation and compliance with any entity having\nfunctions corresponding to the authority’s functions under a\ncorresponding law;\nExamples—information relating to water resource protection,\nregulation and compliance\nwater compliance reporting, Bureau of Meteorology data\n(f) any other functions given to the authority under this Act.\n(3) In exercising a function under this Act, the director-general and the\nauthority must—\n(a) have regard to the objects set out in section 6; and\n(b) where appropriate, promote an integrated approach to water\nresource management, environment protection and water\ncatchment management.\ncorresponding law means a law of the Commonwealth or a State that\ncorresponds, or substantially corresponds, to this Act.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n","sortOrder":61},{"sectionNumber":"65","sectionType":"section","heading":"Delegation—director-general and authority","content":"65 Delegation—director-general and authority\n(1) The director-general may delegate their functions under this Act only\nto a public employee.\n(2) The authority may delegate its functions under this Act to a public\nemployee.\nNote For laws about delegations, see the Legislation Act, pt 19.4.\n\nAdministration Part 7\n","sortOrder":62},{"sectionNumber":"66","sectionType":"section","heading":"Register","content":"66 Register\n(1) The authority must keep a register for this Act.\n(2) The register may be kept in any form, including electronically, that\nthe authority decides.\n(3) The register must include details of each of the water access\nentitlements granted, surviving allocations in force, licences issued\nand transfers made under this Act.\n(4) The register may also include—\n(a) information required to be provided to the authority under a\nwater access entitlement, surviving allocation or licence; and\n(b) information given to the authority about third party interests in\nwater access entitlements, surviving allocations or licences; and\n(c) other information collected by the authority in carrying out its\nfunctions under this Act; and\nExample\nthe results of monitoring, testing or recording carried out by the authority\n(d) any other information given to or held by the authority in\nrelation to the water resources of the Territory (whether current\nor historical).\n","sortOrder":63},{"sectionNumber":"67","sectionType":"section","heading":"Inspection of register","content":"67 Inspection of register\n(1) The register must be available for public inspection at reasonable\ntimes.\n(2) A person may, on payment of the reasonable copying costs, obtain a\ncopy of any information in the register.\n\n","sortOrder":64},{"sectionNumber":"Part 7A","sectionType":"part","heading":"ACT and region catchment","content":"Part 7A ACT and region catchment\nmanagement coordination group\n","sortOrder":65},{"sectionNumber":"67A","sectionType":"section","heading":"Coordination group—establishment","content":"67A Coordination group—establishment\nThe ACT and region catchment management coordination group\n(the coordination group) is established.\n","sortOrder":66},{"sectionNumber":"67B","sectionType":"section","heading":"Coordination group—functions","content":"67B Coordination group—functions\n(1) The coordination group has the following functions:\n(a) to advise the following on matters relating to water catchment\nmanagement in the ACT and the Australian capital water\ncatchment region:\n(i) the Minister;\n(ii) the director-general;\n(b) any other function given to the group under this Act or another\nterritory law.\nNote 1 A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including any\nregulation (see Legislation Act, s 104).\nNote 2 A provision of a law that gives an entity a function also gives the\nentity powers necessary and convenient to exercise the function\n(see Legislation Act, s 196 and dict, pt 1, def entity).\n(2) In exercising its functions, the coordination group—\n(a) must try to—\n(i) encourage early and effective information sharing between\nmembers of the group, and any relevant agency or\ncommunity group; and\n(ii) raise awareness of catchment management issues to\nencourage community action in promoting catchment\nhealth; and\n\n(b) must consider—\n(i) any relevant information the group is aware of from the\nbusiness and community sector; and\n(ii) information available in a report that the Minister requires\nthe group to consider; and\n(c) may consider any other relevant information.\nAustralian capital water catchment region means the catchment area\nof the Murrumbidgee River upstream of Burrinjuck Dam.\n","sortOrder":67},{"sectionNumber":"67C","sectionType":"section","heading":"Consideration of coordination group advice","content":"67C Consideration of coordination group advice\nIn exercising a function under this Act, the following entities must\nconsider any relevant advice given to the entity by the coordination\ngroup:\n(a) the Minister;\n(b) the director-general.\n67CA Coordination group—Minister’s directions\n(1) The Minister may direct the coordination group, in writing, to provide\nadvice about a stated water catchment management matter\n(a Minister’s direction).\n(2) The Minister must give a copy of each Minister’s direction to the\ndirector-general.\n(3) If the coordination group is given a Minister’s direction, the\ncoordination group must—\n(a) provide advice about the matter to the Minister; and\n(b) at the same time the advice is provided to the Minister—give a\ncopy of the advice to the director-general.\n\n","sortOrder":68},{"sectionNumber":"67D","sectionType":"section","heading":"Annual report by coordination group","content":"67D Annual report by coordination group\n(1) For each financial year, the coordination group must prepare a report\nabout the group’s activities during the financial year, including any\nadvice given, or recommendations made, to the Minister.\n(2) The report must include—\n(a) a copy of each Minister’s direction given during the year; and\n(b) a summary of the advice provided to the Minister.\n(3) The group must give the report to the Minister within 3 months after\nthe end of the financial year.\n(4) The Minister must, within 21 days after receiving the report, table the\nfollowing in the Legislative Assembly:\n(a) the report;\n(b) a statement by the Minister responding to any advice given or\nrecommendations made to the Minister in the group’s annual\nreport.\n(5) However, if—\n(a) there are no sitting days during the 21-day period—\n(i) the Minister must give the report and the statement, and a\ncopy of each for each member of the Legislative Assembly,\nto the Speaker; and\n(ii) the report and the statement are taken for all purposes to\nhave been presented to the Legislative Assembly on the\nday the Minister gives it to the Speaker (the report day);\nand\n(iii) the Speaker must arrange for a copy of the report and a\ncopy of the statement to be given to each member of the\nLegislative Assembly on the report day; and\n\n(iv) despite subparagraph (ii), the Speaker must present the\nreport and the statement to the Legislative Assembly on the\nnext sitting day; or\n(b) the 21-day period coincides with all or part of the pre-election\nperiod for a general election of members of the Assembly—the\nMinister must table the report and the statement in the\nLegislative Assembly on the second sitting day after the election\nis held.\n(6) In this section:\nMinister’s direction—see section 67CA (1).\npre-election period—see the Electoral Act 1992, dictionary.\nSpeaker includes—\n(a) if the Speaker is unavailable—the Deputy Speaker; and\n(b) if both the Speaker and the Deputy Speaker are unavailable—\nthe clerk of the Legislative Assembly.\nunavailable—the Speaker or Deputy Speaker is unavailable if—\n(a) the Speaker or Deputy Speaker is absent from duty; or\n(b) there is a vacancy in the office of Speaker or Deputy Speaker.\n","sortOrder":69},{"sectionNumber":"67E","sectionType":"section","heading":"Coordination group—membership","content":"67E Coordination group—membership\n(1) The coordination group is made up of not more than 12 members\nappointed by the Minister.\n(2) The Minister must ensure that the group includes—\n(a) at least 1 member who is a public servant; and\n(b) at least 1 member who is not a public servant.\n(3) The Minister must not appoint a person to the group unless satisfied\nthat the person has appropriate knowledge and experience in an area\nrelevant to the operation of this Act.\n\n(4) The Minister must appoint a chair and deputy chair of the\ncoordination group from the members appointed under\nsubsection (1).\n(5) The conditions of appointment of a member under this section are the\nconditions stated in the appointment, subject to any determination\nunder the Remuneration Tribunal Act 1995.\n(6) The Legislation Act, division 19.3.3 (Appointments—Assembly\nconsultation) does not apply to an appointment under this section.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n(7) An appointment is a notifiable instrument.\n","sortOrder":70},{"sectionNumber":"67F","sectionType":"section","heading":"Ending of appointments","content":"67F Ending of appointments\nThe Minister may end the appointment of a member of the\ncoordination group—\n(a) for misbehaviour; or\n(b) if the member becomes bankrupt or personally insolvent; or\nNote Bankrupt or personally insolvent—see the Legislation Act,\ndictionary, pt 1.\n(c) if the member is convicted, or found guilty, in Australia of an\noffence punishable by imprisonment for at least 1 year; or\n(d) if the member is convicted, or found guilty, outside Australia of\nan offence that, if it had been committed in the ACT, would be\npunishable by imprisonment for at least 1 year; or\n(e) if the member is absent for 3 consecutive meetings without leave\nof the chair; or\n(f) for physical or mental incapacity that substantially affects the\nexercise of the member’s functions.\nNote A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n\n","sortOrder":71},{"sectionNumber":"67G","sectionType":"section","heading":"Coordination group—general procedure","content":"67G Coordination group—general procedure\n(1) Meetings of the coordination group are to be held when and where it\ndecides.\n(2) The coordination group may conduct its proceedings (including its\nmeetings) as it considers appropriate.\n","sortOrder":72},{"sectionNumber":"67H","sectionType":"section","heading":"Coordination group—quorum at meetings","content":"67H Coordination group—quorum at meetings\nBusiness may be carried on at a meeting of the coordination group\nonly if at least half of the group members are present.\n","sortOrder":73},{"sectionNumber":"67I","sectionType":"section","heading":"Voting at coordination group meetings","content":"67I Voting at coordination group meetings\nAt a meeting of the coordination group, a question is decided by the\nmajority of the votes of the group members present and voting.\n","sortOrder":74},{"sectionNumber":"67J","sectionType":"section","heading":"Reimbursement of expenses for coordination group","content":"67J Reimbursement of expenses for coordination group\nmembers\n(1) A member of the coordination group is not entitled to be paid for the\nexercise of the member’s functions.\n(2) However, a member may apply to the director-general for\nreimbursement of expenses reasonably incurred by the member for\nthe purpose of attending a meeting or otherwise performing a function\nof the coordination group, subject to any determination under the\nRemuneration Tribunal Act 1995.\n(3) Subsection (2) does not apply to a group member who is a public\nservant.\n\nPart 8 Assessment and investigation of water resources\nPart 8 Assessment and investigation of\nwater resources\n68 Water resources monitoring and assessment—\ndirector-general\n(1) The director-general must, as far as possible, continuously monitor\nand assess the condition of the Territory’s water resources.\n(2) For subsection (1), the director-general may do any of the following:\n(a) construct, repair, alter or remove gauging, recording and\nmonitoring stations or drill bores;\n(b) systematically monitor—\n(i) stream flow; and\n(ii) weather and climate; and\n(iii) waterways and ground waters;\n(c) operate or maintain gauging, recording and monitoring stations;\n(d) carry out investigations to determine the existence, location and\nnature of bores and water structures;\n(e) monitor bores and water structures;\n(f) sample and analyse water.\n","sortOrder":75},{"sectionNumber":"68A","sectionType":"section","heading":"Power to enter land for water resources monitoring and","content":"68A Power to enter land for water resources monitoring and\nassessment\n(1) For section 68 (2), the director-general may, at any reasonable time,\nenter land—\n(a) to take measurements and carry out work that is reasonably\nrequired; and\n\nAssessment and investigation of water resources Part 8\n(b) with any people and equipment that is reasonably required.\nNote The Criminal Code, s 361 and s 363 contain offences for obstructing\nTerritory public officials.\n(2) However, the director-general must not enter land to do work\nmentioned in section 68 (2) (a) unless, at least 14 days before the entry\nday, the director-general gave the owner or occupier of the land\nwritten notice (a works notice) of—\n(a) the land proposed to be entered; and\n(b) the work proposed to be done; and\n(c) any vehicle, plant or machinery proposed to be used to carry out\nthe work.\n(3) The director-general may, at any reasonable time, enter land on which\nwork mentioned in a works notice is being, or has been, done—\n(a) for the purpose of doing something mentioned in\nsection 68 (2) (b), (c), (d), (e) or (f); and\n(b) with any people and equipment that is reasonably required.\n(4) This section does not authorise entry into a part of premises that is\nbeing used for residential purposes other than with the occupier’s\nconsent.\n(5) A person who enters land under this section is not authorised to\nremain on the land if, on request by the occupier of the land, the\nperson does not produce a certificate signed by the director-general\nfor this section that the person is authorised to carry out an activity\nmentioned in the certificate.\n","sortOrder":76},{"sectionNumber":"68B","sectionType":"section","heading":"Water resources investigations—authority","content":"68B Water resources investigations—authority\n(1) The authority may investigate the use of water taken from waterways\nfor the purposes of protecting the Territory’s water resources and\nensuring compliance with this Act.\n\n","sortOrder":77},{"sectionNumber":"Part 8","sectionType":"part","heading":"Assessment and investigation of water resources","content":"Part 8 Assessment and investigation of water resources\n(2) For subsection (1), the authority may do anything mentioned in\nsection 68 (2).\nNote The authority is an authorised officer (see Environment Protection\nAct 1997, s 14 (2)), and authorised officers have powers, such as to enter\npremises and to seize things, under this Act, div 10.2 (Powers of\nauthorised officers).\n","sortOrder":78},{"sectionNumber":"69","sectionType":"section","heading":"Cooperation etc with other jurisdictions","content":"69 Cooperation etc with other jurisdictions\n(1) For this part—\n(a) the director-general may liaise and work in cooperation with the\nCommonwealth or a State in relation to the assessment and\nmonitoring of water resources, including in relation to policy\ndevelopment, in which there is a shared interest; and\n(b) the authority may liaise and work in cooperation with the\nCommonwealth or a State in relation to the investigation of the\nuse of water taken from waterways, including in relation to\nprotecting water resources and ensuring compliance with this\nAct or a corresponding law, in which there is a shared interest.\n(2) In this section:\ncorresponding law means a law of the Commonwealth or a State that\ncorresponds, or substantially corresponds, to this Act.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n","sortOrder":79},{"sectionNumber":"70","sectionType":"section","heading":"Things fixed to land by director-general or authority","content":"70 Things fixed to land by director-general or authority\n(1) This section applies if, in the exercise of a function under this part,\nthe director-general or the authority attaches anything to land.\n(2) The thing 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(b) an improvement.\n\n","sortOrder":80},{"sectionNumber":"71","sectionType":"section","heading":"Notice prohibiting or restricting taking of water","content":"71 Notice prohibiting or restricting taking of water\n(1) This section applies if—\n(a) temporary water restrictions are in force under the Utilities\n(Water Conservation) Regulation 2006; or\n(b) the Minister is satisfied that—\n(i) because of contamination of surface water or ground water,\ntaking the water may pose a risk to the health or safety of\npeople or of damage to property or the environment; or\n(ii) for any other reason, taking surface water or ground water\nmay adversely affect the environment.\n(2) The Minister may, by notice, prohibit or restrict the taking of surface\nwater or ground water.\n(3) The notice is a notifiable instrument.\nNote The power to make a statutory instrument (including a notifiable\ninstrument) includes power to make different provisions in relation to\ndifferent matters or different classes of matters, and provisions that apply\ndifferently by reference to stated exceptions or factors (see Legislation\nAct, s 48).\n(4) The authority must also give a copy of the notice to each licence\nholder who is affected by it.\n(5) The notice expires on the date (not later than 12 months after the day\nit is notified under the Legislation Act) stated in the notice.\n(6) A person must comply with a prohibition or restriction under a notice\nunder this section.\n\n","sortOrder":81},{"sectionNumber":"72","sectionType":"section","heading":"Direction to modify or remove water structure","content":"72 Direction to modify or remove water structure\n(1) The Minister may give the owner or occupier of land where a water\nstructure is located a written direction to modify or remove the\nstructure to allow water to pass over, under or through it.\n(2) A person must comply with a direction given to the person under this\n","sortOrder":82},{"sectionNumber":"73","sectionType":"section","heading":"Direction to rectify effect of unauthorised activity etc","content":"73 Direction to rectify effect of unauthorised activity etc\n(1) This section applies if a person has—\n(a) done bore work or waterway work that is not authorised under a\nlicence; or\n(b) contravened a condition of a licence issued under this Act.\n(2) The authority may give the owner or occupier of the land where the\nwork was done or the contravention happened a written direction to\ntake—\n(a) stated action to rectify the effect of the work or contravention;\nand\n(b) any other stated action the authority considers appropriate.\n","sortOrder":83},{"sectionNumber":"74","sectionType":"section","heading":"Direction to prevent or rectify damage to bed or bank of","content":"74 Direction to prevent or rectify damage to bed or bank of\nwaterway\n(1) It is the duty of the owner or occupier of land on which there is a\nwaterway or that adjoins a waterway to take reasonable steps to\nprevent damage to the bed or banks of the waterway.\n\n(2) If the authority is satisfied that the owner or occupier of land has\nfailed to carry out the duty, the authority may give the owner or\noccupier a written direction to take stated action the authority\nconsiders appropriate—\n(a) to prevent damage mentioned in subsection (1); and\n(b) to rectify any damage that has already happened.\n(5) In this section:\ndamage does not include—\n(a) damage caused in the normal course of an activity authorised\nunder this Act; or\n(b) damage of a minor nature.\n","sortOrder":84},{"sectionNumber":"75","sectionType":"section","heading":"Directions in relation to unlicensed taking of surface","content":"75 Directions in relation to unlicensed taking of surface\nwater\n(1) This section applies if the authority is satisfied that a person who does\nnot have a licence to take water from a waterway—\n(a) has taken or is taking water from the waterway; or\n(b) has pumping equipment in or near the waterway that may be\nused to take water from the waterway.\n(2) The authority may give the person a written direction to do 1 or more\nof the following:\n(a) not take the water;\n(b) stop taking the water;\n(c) not use the pumping equipment;\n\n(d) stop using the pumping equipment;\n(e) remove the pumping equipment from the waterway.\n(3) A person must comply with a direction given to the person under this\n","sortOrder":85},{"sectionNumber":"76","sectionType":"section","heading":"Directions in relation to bores","content":"76 Directions in relation to bores\n(1) This section applies if the authority is satisfied that something done\nor not done in relation to a bore may result, directly or indirectly, in\nthe pollution or deterioration, inequitable distribution, loss, wastage\nor undue depletion of water, or unlicensed taking of water.\n(2) The authority may give the owner or occupier of the land where the\nbore is located a written direction to do 1 or more of the following:\n(a) shut off the supply of ground water from the bore in the way\nstated in the direction;\n(b) restrict or limit the amount of water taken from the bore to the\nextent stated in the direction;\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) close, or partly or completely plug, seal off or backfill the bore\nin the way stated in the direction;\n(f) use the water taken from the bore for the purpose stated in the\ndirection;\n(g) do any other stated thing necessary for the protection of ground\nwater or an aquifer.\n\n","sortOrder":86},{"sectionNumber":"77","sectionType":"section","heading":"Action by authority if notice or direction contravened","content":"77 Action by authority if notice or direction contravened\n(1) This section applies if—\n(a) the authority has reasonable grounds for believing that a person\nhas engaged in conduct that contravened—\n(i) a prohibition or restriction under a notice given to the\nperson under section 71; or\n(ii) a direction given to the person under this part; and\n(b) the person was told, in writing, about the effect of this section\nwhen the notice or direction was given to them.\n(2) An authorised officer, or someone else authorised by the authority for\nthis section, may—\n(a) enter the relevant land and take any action stated in the notice or\ndirection; and\n(b) do anything else necessary to give effect to the notice or\ndirection.\n(3) This section does not authorise entry into a part of premises that is\nbeing used for residential purposes other than with the occupier’s\nconsent.\n(4) A person who enters land under this section is not authorised to\nremain on the land if, on request by the occupier of the land, the\nperson does not produce—\n(a) for an authorised officer—the officer’s identity card; or\n(b) in any other case—a certificate signed by the authority for this\nsection that the person is authorised to carry out an activity\nmentioned in the certificate.\n(5) The reasonable costs incurred by the authority in taking action under\nthis section are a debt owing to the Territory by the person to whom\nthe notice or direction was given.\n\n","sortOrder":87},{"sectionNumber":"77A","sectionType":"section","heading":"Offences—take water without licence","content":"77A Offences—take water without licence\n(1) A person commits an offence if the person—\n(a) takes surface water or ground water from a place; and\n(b) does not have a licence to take the water from the place.\n(2) A person who is the owner or occupier of land commits an offence if\nthe person—\n(a) takes ground water from a bore on the land; and\n(b) does not have a licence to take the ground water.\n(3) An offence against subsection (2) is a strict liability offence.\n(4) A person commits an offence if the person—\n(a) in the conduct of a business carrying or extracting water, takes\nsurface water from a place; and\n(b) does not have a licence to take the surface water.\n(5) An offence against subsection (4) is a strict liability offence.\n(6) This section does not apply if a licence is not required as mentioned\nin section 28 (2).\n\n","sortOrder":88},{"sectionNumber":"77B","sectionType":"section","heading":"Offences—do bore work without licence","content":"77B Offences—do bore work without licence\n(1) A person commits an offence if the person—\n(a) does bore work; and\n(b) does not hold a driller’s licence to do the bore work.\nNote Driller’s licence means a licence under s 35.\n(2) A person who is the owner or occupier of land commits an offence\nif—\n(a) bore work is done on the land; and\n(b) the person does not have a bore work licence for the bore work.\n(3) A person who is the holder of a driller’s licence commits an offence\nif—\n(a) the person does bore work on land; and\n(b) the owner or occupier of the land does not have a bore work\nlicence for the bore work.\nNote Bore work licence means a licence under s 39.\n(4) Subsections (2) and (3) do not apply to bore work that is exempt from\nthe requirement for a bore work licence under a regulation.\n","sortOrder":89},{"sectionNumber":"77C","sectionType":"section","heading":"Offence—do waterway work without licence","content":"77C Offence—do waterway work without licence\n(1) A person commits an offence if—\n(a) the person does waterway work; and\n\n(b) the work adversely affects, or may adversely affect, the flow or\nquality of water, or the aquatic habitat, in the waterway; and\n(c) the person does not have a waterway work licence for the\nwaterway work.\n(2) A person commits an offence if the person—\n(a) does waterway work; and\n(b) does not have a waterway work licence for the waterway work.\n(3) An offence against subsection (2) is a strict liability offence.\n(4) This section does not apply if a waterway work licence is not required\nas mentioned in section 42 (2).\n","sortOrder":90},{"sectionNumber":"77D","sectionType":"section","heading":"Offence—do work without recharge licence","content":"77D Offence—do work without recharge licence\nA person commits an offence if the person—\n(a) does any of the following work for the purpose of increasing the\nquantity of ground water:\n(i) constructs works;\n(ii) operates works;\n(iii) alters works; and\n(b) does not have a recharge licence for the work.\n\n","sortOrder":91},{"sectionNumber":"77E","sectionType":"section","heading":"Offence—failing to produce licence","content":"77E Offence—failing to produce licence\n(1) The holder of a licence must, if asked by the authority, produce the\nholder’s licence to the authority when carrying out an activity under\nthe licence.\nMaximum penalty: 5 penalty units.\n(2) An offence against this section is a strict liability offence.\n","sortOrder":92},{"sectionNumber":"77F","sectionType":"section","heading":"Offence—contravening licence conditions","content":"77F Offence—contravening licence conditions\n(1) The holder of a licence commits an offence if the holder contravenes\na condition of the licence.\n(2) The holder of a bore work licence or driller’s licence commits an\noffence if—\nto give a bore completion report to the authority; and\n(3) An offence against this section is a strict liability offence.\nbore completion report, for a bore, means a report prepared by the\nperson who drilled the bore that sets out the details of the bore.\nExamples—details of the bore\n1 diameter and length of the bore\n2 whether a sleeve or case was fitted inside the edge of the bore\n3 the geology and soil types found while drilling the bore\n\n","sortOrder":93},{"sectionNumber":"77G","sectionType":"section","heading":"Offences—contravening certain conditions of licence to","content":"77G Offences—contravening certain conditions of licence to\ntake water\n(1) The holder of a licence to take water commits an offence if—\nto install a water meter; and\n(2) The holder of a licence to take water commits an offence if—\nto maintain a water meter in working condition; and\n(3) The holder of a licence to take water commits an offence if—\nto record water meter readings at stated times or intervals; and\nMaximum penalty: 10 penalty units.\n(4) The holder of a licence to take water commits an offence if—\nto give water meter data to the authority; and\n(5) The holder of a licence to take water commits an offence if—\n(a) the holder’s licence is subject to a condition limiting the use of\nthe water; and\n\n(6) An offence against this section is a strict liability offence.\n","sortOrder":94},{"sectionNumber":"77H","sectionType":"section","heading":"Offence—contravene notice prohibiting or restricting","content":"77H Offence—contravene notice prohibiting or restricting\ntaking of water\nA person commits an offence if the person engages in conduct that\ncontravenes a prohibition or restriction under a notice under\nsection 71 (Notice prohibiting or restricting taking of water).\n","sortOrder":95},{"sectionNumber":"77I","sectionType":"section","heading":"Offences—contravene directions","content":"77I Offences—contravene directions\n(1) A person commits an offence if the person engages in conduct that\ncontravenes a direction given to the person under—\n(a) section 72 (Direction to modify or remove water structure); or\n(b) section 73 (Direction to rectify effect of unauthorised activity\netc).\n(2) A person commits an offence if the person engages in conduct that\ncontravenes a direction given to the person under section 74\n(Direction to prevent or rectify damage to bed or bank of waterway).\nMaximum penalty: 100 penalty units.\n(3) A person commits an offence if the person engages in conduct that\ncontravenes a direction given to the person under—\n(a) section 75 (Directions in relation to unlicensed taking of surface\nwater); or\n\n(b) section 76 (Directions in relation to bores).\n(4) An offence against subsection (3) (b) is a strict liability offence.\n","sortOrder":96},{"sectionNumber":"77J","sectionType":"section","heading":"Offences—water meter tampering","content":"77J Offences—water meter tampering\n(1) A person commits an offence if the person tampers with a water\nmeter.\n(2) This section does not apply if the person is—\n(a) a person prescribed by regulation who is installing, maintaining,\nrepairing or replacing the water meter; or\n(b) acting with the written permission of the authority; or\n(c) a holder of a licence to take water complying with a requirement\nunder this part.\ntamper with a water meter—\n(a) means interfere with, damage or destroy the water meter; and\n(b) includes—\n(i) unsealing any sealed component of the meter; or\n(ii) blocking any part of the meter; or\n(iii) attaching to the meter any device that is likely to affect the\noperation of the meter; or\n(iv) disconnecting the meter from its power source.\n\nGeneral Division 10.1\n","sortOrder":97},{"sectionNumber":"Div 10","sectionType":"division","heading":"1 General","content":"Division 10.1 General\n","sortOrder":98},{"sectionNumber":"78","sectionType":"section","heading":"Definitions—pt 10","content":"78 Definitions—pt 10\nIn this part:\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\noccupier, of premises, includes—\n(a) a person believed, on reasonable grounds, to be an occupier of\nthe premises; and\n(b) a person apparently in charge of the premises.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be, committed.\npremises includes land.\n","sortOrder":99},{"sectionNumber":"79","sectionType":"section","heading":"Power to enter premises","content":"79 Power to enter premises\n(1) For this Act, an authorised officer may—\n(a) at any reasonable time, enter premises to which a licence relates\nto carry out an inspection authorised under the licence; or\n(b) at any reasonable time, enter premises where a bore is located to\ninspect the bore and take samples from it; or\n(c) at any time, enter premises with the occupier’s consent; or\n\n(d) enter premises in accordance with a search warrant.\n(2) However, subsection (1) (a) does not authorise entry into a part of\npremises that is being used for residential purposes.\n(3) An authorised officer may, without the consent of the occupier of\npremises, enter land around the premises to ask for consent to enter\nthe premises.\n(4) To remove any doubt, an authorised officer may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\n","sortOrder":100},{"sectionNumber":"80","sectionType":"section","heading":"Production of identity card","content":"80 Production of identity card\nAn authorised officer must not remain at premises entered under this\npart if the authorised officer does not produce the officer’s identity\ncard when asked by the occupier.\n","sortOrder":101},{"sectionNumber":"81","sectionType":"section","heading":"Consent to entry","content":"81 Consent to entry\n(1) When seeking the consent of an occupier of premises to enter\npremises under section 79 (1) (c), an authorised officer must—\n(a) produce the officer’s identity card; and\n(b) tell the occupier—\n(i) the reason for the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused.\n(2) If the occupier consents, the authorised officer must ask the occupier\nto sign a written acknowledgment (an acknowledgment of\nconsent)—\n(a) that the occupier was told—\n(i) the reason for the entry; and\n\nPowers of authorised officers Division 10.2\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) stating the time and date when consent was given.\n(3) If the occupier signs an acknowledgment of consent, the authorised\nofficer must immediately give a copy to the occupier.\n(4) A court must find that the occupier did not consent to entry to the\npremises by the authorised officer under this part if—\n(a) the question arises in a proceeding in the court whether the\noccupier consented to the entry; and\n(b) an acknowledgment of consent is not produced in evidence; and\n(c) it is not proved that the occupier consented to the entry.\n","sortOrder":102},{"sectionNumber":"82","sectionType":"section","heading":"General powers on entry to premises","content":"82 General powers on entry to premises\n(1) An authorised officer who enters premises under this part may, for\nthis Act, do 1 or more of the following in relation to the premises or\nanything on the premises:\n(a) inspect or examine;\n(b) take measurements or conduct tests;\n(c) take samples;\n(d) take photographs, films, or audio, video or other recordings;\n(e) require the occupier, or anyone at the premises, to give the\nauthorised officer reasonable assistance to exercise a power\nunder this part.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n\n(2) A person must take all reasonable steps to comply with a requirement\nmade of the person under subsection (1) (e).\n","sortOrder":103},{"sectionNumber":"83","sectionType":"section","heading":"Power to seize things","content":"83 Power to seize things\n(1) An authorised officer who enters premises under this part with the\noccupier’s consent may seize anything at the premises if—\n(a) the authorised officer is satisfied, on reasonable grounds, that\nthe thing is connected with an offence against this Act; and\n(b) seizure of the thing is consistent with the purpose of the entry\ntold to the occupier when seeking the occupier’s consent.\n(2) An authorised officer who enters premises under a warrant under this\npart may seize anything at the premises that the authorised officer is\nauthorised to seize under the warrant.\n(3) An authorised officer who enters premises under this part (whether\nwith the occupier’s consent, under a warrant or otherwise) may seize\nanything at the premises if satisfied, on reasonable grounds, that—\n(a) the thing is connected with an offence against this Act; and\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n(4) Also, an authorised officer who enters premises under this part\n(whether with the consent of a person in charge of the premises, under\na warrant or otherwise) may seize anything at the premises if satisfied,\non reasonable grounds, that the thing poses a risk to the health or\nsafety of people or of damage to property or the environment.\n(5) The powers of an authorised officer under subsections (3) and (4) are\nadditional to any powers of the authorised officer under\nsubsections (1) and (2) or any other territory law.\n\nPowers of authorised officers Division 10.2\n(6) Having seized a thing, an authorised officer may—\n(a) remove the thing from the premises where it was seized\n(the place of seizure) to another place; or\n(b) leave the thing at the place of seizure but restrict access to it.\n(7) A person commits an offence if the person—\n(a) interferes with a seized thing, or anything containing a seized\nthing, to which access has been restricted under subsection (6);\nand\n(b) does not have an authorised officer’s approval to interfere with\nthe thing.\n","sortOrder":104},{"sectionNumber":"84","sectionType":"section","heading":"Power to require name and address","content":"84 Power to require name and address\n(1) An authorised officer may require a person to state the person’s name\nand home address if the authorised officer believes, on reasonable\ngrounds, that the person is committing or has just committed an\noffence against this Act.\n(2) The authorised officer must tell the person the reason for the\nrequirement and, as soon as practicable, record the reason.\n(3) The person may ask the authorised officer to produce the officer’s\nidentity card for inspection by the person.\n(4) A person must comply with a requirement made of the person under\nsubsection (1) if the authorised officer—\n(a) tells the person the reason for the requirement; and\n\n(b) complies with any request made by the person under\nsubsection (3).\nMaximum penalty: 10 penalty units.\n(5) An offence against this section is a strict liability offence.\n","sortOrder":105},{"sectionNumber":"85","sectionType":"section","heading":"Warrants generally","content":"85 Warrants generally\n(1) An authorised officer may apply to a magistrate for a warrant to enter\npremises.\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The magistrate may refuse to consider the application until the\nauthorised officer gives the magistrate all the information the\nmagistrate requires about the application in the way the magistrate\nrequires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity—\n(i) is, or is being engaged in, at the premises; or\n(ii) may be, or may be engaged in, at the premises within the\nnext 7 days.\n(5) The warrant must state—\n(a) that an authorised officer may, with any necessary assistance\nand force, enter the premises and exercise the authorised\nofficer’s powers under this part; and\n(b) the offence for which the warrant is issued; and\n\nSearch warrants Division 10.3\n(c) the things that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n(e) the date, within 7 days after the day of the warrant’s issue, the\nwarrant ends.\n","sortOrder":106},{"sectionNumber":"86","sectionType":"section","heading":"Warrants—application made other than in person","content":"86 Warrants—application made other than in person\n(1) An authorised officer may apply for a warrant by phone, fax, radio or\nother form of communication if the authorised officer considers it\nnecessary because of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the authorised officer must prepare\nan application stating the grounds on which the warrant is sought.\n(3) The authorised officer may apply for the warrant before the\napplication is sworn.\n(4) After issuing the warrant, the magistrate must immediately provide a\nwritten copy to the authorised officer if it is practicable to do so.\n(5) If it is not practicable to provide a written copy to the authorised\nofficer—\n(a) the magistrate must tell the authorised officer—\n(i) the warrant’s terms; and\n(ii) the date and time the warrant was issued; and\n(b) the authorised officer must complete a form of warrant\n(the warrant form) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the authorised officer, authorises the entry and the\nexercise of the authorised officer’s powers under this part.\n(7) The authorised officer must, at the first reasonable opportunity, send\nto the magistrate—\n(a) the sworn application; and\n(b) if the authorised officer completed a warrant form—the\ncompleted warrant form.\n(8) On receiving the documents, the magistrate must attach them to the\nwarrant.\n(9) A court must find that a power exercised by the authorised officer was\nnot authorised by a warrant under this section if—\n(a) the question arises in a proceeding in the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n","sortOrder":107},{"sectionNumber":"87","sectionType":"section","heading":"Search warrants—announcement before entry","content":"87 Search warrants—announcement before entry\n(1) An authorised officer must, before anyone enters premises under a\nsearch warrant—\n(a) announce that the authorised officer is authorised to enter the\npremises; and\n(b) give anyone at the premises an opportunity to allow entry to the\npremises; and\n(c) if the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises—identify\nhimself or herself to the person.\n\nSearch warrants Division 10.3\n(2) The authorised officer is not required to comply with subsection (1)\nif the authorised officer believes, on reasonable grounds, that\nimmediate entry to the premises is required to ensure—\n(a) the safety of anyone (including the authorised officer or any\nperson assisting); or\n(b) that the effective execution of the warrant is not frustrated.\n","sortOrder":108},{"sectionNumber":"88","sectionType":"section","heading":"Details of search warrant to be given to occupier etc","content":"88 Details of search warrant to be given to occupier etc\nIf the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the authorised officer or a person assisting\nmust make available to the person—\n(a) a copy of the warrant; and\n(b) a document setting out the rights and obligations of the person.\n","sortOrder":109},{"sectionNumber":"89","sectionType":"section","heading":"Occupier entitled to be present during search etc","content":"89 Occupier entitled to be present during search etc\n(1) If the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the person is entitled to observe the search\nbeing conducted.\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the objectives\nof the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\n\n","sortOrder":110},{"sectionNumber":"90","sectionType":"section","heading":"Receipt for things seized","content":"90 Receipt for things seized\n(1) As soon as practicable after an authorised officer seizes a thing under\nthis part, the authorised officer must give a receipt for it to the person\nfrom whom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe authorised officer must leave the receipt, secured conspicuously,\nat the place of seizure under section 83 (Power to seize things).\n(3) A receipt under this section must include the following:\n(a) a description of the thing seized;\n(b) an explanation of why the thing was seized;\n(c) the authorised officer’s name, and how to contact the authorised\nofficer;\n(d) if the thing is moved from the premises where it is seized—\nwhere the thing is to be taken.\n","sortOrder":111},{"sectionNumber":"91","sectionType":"section","heading":"Moving things to another place for examination or","content":"91 Moving things to another place for examination or\nprocessing under search warrant\n(1) A thing found at premises entered under a search warrant may be\nmoved to another place for examination or processing to decide\nwhether it may be seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains something to which the warrant relates;\n(ii) it is significantly more practicable to do so having regard\nto the timeliness and cost of examining or processing the\nthing at another place and the availability of expert\nassistance; or\n\nReturn and forfeiture of things seized Division 10.4\n(b) the occupier of the premises agrees in writing.\n(2) The thing may be moved to another place for examination or\nprocessing for not longer than 72 hours.\n(3) An authorised officer may apply to a magistrate for an extension of\ntime if the authorised officer believes, on reasonable grounds, that the\nthing cannot be examined or processed within 72 hours.\n(4) The authorised officer must give notice of the application to the\noccupier of the premises, and the occupier is entitled to be heard on\nthe application.\n(5) If a thing is moved to another place under this section, the authorised\nofficer must, if practicable—\n(a) tell the occupier of the premises the address of the place where,\nand time when, the examination or processing will be carried\nout; and\n(b) allow the occupier or the occupier’s representative to be present\nduring the examination or processing.\n(6) The provisions of this part relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\nunder this section.\n","sortOrder":112},{"sectionNumber":"92","sectionType":"section","heading":"Access to things seized","content":"92 Access to things seized\nA person who would, apart from the seizure, be entitled to inspect a\nthing seized under this part may—\n(a) inspect it; and\n(b) if it is a document—take extracts from it or make copies of it.\n\n","sortOrder":113},{"sectionNumber":"93","sectionType":"section","heading":"Return or forfeiture of things seized","content":"93 Return or forfeiture of things seized\n(1) A thing seized under this part must be returned to its owner, or\nreasonable compensation must be paid by the Territory to the owner\nfor the loss of the thing, if—\n(a) an infringement notice for an offence relating to the thing is not\nserved on the owner within 90 days after the day of the seizure\nand a prosecution for an offence relating to the thing—\n(i) is not started within the 90-day period; or\n(ii) is started within the 90-day period but the court does not\nfind the offence proved; or\n(b) an infringement notice for an offence relating to the thing is\nserved on the owner within 90 days after the day of the seizure,\nthe infringement notice is withdrawn and a prosecution for an\noffence relating to the thing—\n(i) is not started within the 90-day period; or\n(ii) is started within the 90-day period but the court does not\nfind the offence proved; or\n(c) an infringement notice for an offence relating to the thing is\nserved on the owner and not withdrawn within 90 days after the\nday of the seizure, liability for the offence is disputed in\naccordance with the Magistrates Court Act 1930, section 132\n(Disputing liability for infringement notice offence) and an\ninformation—\n(i) is not laid in the Magistrates Court against the person for\nthe offence within 60 days after the day notice is given\nunder section 132 that liability is disputed; or\n(ii) is laid in the Magistrates Court against the person for the\noffence within the 60-day period, but the Magistrates Court\ndoes not find the offence proved.\n\nReturn and forfeiture of things seized Division 10.4\n(2) If anything seized under this part is not required to be returned or\nreasonable compensation is not required to be paid under\nsubsection (1), the thing—\n(a) is forfeited to the Territory; and\n(b) may be sold, destroyed or otherwise disposed of as the authority\ndirects.\n\nPart 11 Notification and review of decisions\nPart 11 Notification and review of\ndecisions\n94 Meaning of reviewable decision—pt 11\nIn this part:\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n","sortOrder":114},{"sectionNumber":"95","sectionType":"section","heading":"Reviewable decision notices","content":"95 Reviewable decision notices\nIf the authority makes a reviewable decision, the authority must give\na reviewable decision notice to each entity mentioned in schedule 1,\ncolumn 4 in relation to the decision.\nNote The authority must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":115},{"sectionNumber":"96","sectionType":"section","heading":"Applications for review","content":"96 Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\n","sortOrder":116},{"sectionNumber":"97","sectionType":"section","heading":"Protection of officials from liability","content":"97 Protection of officials from liability\n(1) In this section:\nofficial means—\n(a) the authority; or\n(b) anyone else exercising a function under this Act.\n(2) An official, or anyone engaging in conduct under the direction of an\nofficial, is not personally liable for conduct engaged in honestly and\nwithout recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n(3) Any civil liability that would, apart from subsection (2), attach to an\nofficial attaches instead to the Territory.\n","sortOrder":117},{"sectionNumber":"98","sectionType":"section","heading":"Damage etc to be minimised","content":"98 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this Act, an\nauthorised officer must take all reasonable steps to ensure that the\nauthorised officer, and any person assisting the authorised officer,\ncauses as little inconvenience, detriment and damage as practicable.\n(2) If an authorised officer, or a person assisting an authorised officer,\ndamages anything in the exercise or purported exercise of a function\nunder this Act, the authorised officer must give written notice of the\nparticulars of the damage to the person the authorised officer believes,\non reasonable grounds, is the owner of the thing.\n(3) If the damage happens at premises entered under this Act in the\nabsence of the occupier, the notice may be given by leaving it, secured\nconspicuously, at the premises.\n\n","sortOrder":118},{"sectionNumber":"99","sectionType":"section","heading":"Compensation for exercise of powers","content":"99 Compensation for exercise of powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense—\n(a) in complying with a notice given to the person under section 72\n(Direction to modify or remove water structure); or\n(b) because of the exercise, or purported exercise, of a function\nunder any of the following provisions by an authorised officer,\na person assisting an authorised officer or someone else\nauthorised by the authority:\n(i) part 8 (Assessment and investigation of water resources);\n(ii) section 77 (Action by authority if notice or direction\ncontravened);\n(iii) part 10 (Enforcement).\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n\n","sortOrder":119},{"sectionNumber":"100","sectionType":"section","heading":"Incorporation of documents","content":"100 Incorporation of documents\n(1) A statutory instrument under this Act may apply, adopt or incorporate\na law or instrument as in force from time to time.\nNote The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\n(2) The Legislation Act, section 47 (5) and (6) do not apply to any of the\nfollowing laws or instruments applied, adopted or incorporated under\na statutory instrument under this Act:\n(a) a law of another jurisdiction;\n(b) an Australian Standard;\n(c) an Australian/New Zealand Standard.\nNote These laws and instruments do not need to be notified under the\nLegislation Act because s 47 (5) and (6) do not apply (see\nLegislation Act, s 47 (7)). Laws of other jurisdictions are available on\neach jurisdiction’s website. Standards are available at\nwww.standards.org.au.\nlaw of another jurisdiction—see the Legislation Act, section 47 (10).\n","sortOrder":120},{"sectionNumber":"103","sectionType":"section","heading":"Evidentiary certificates","content":"103 Evidentiary certificates\nIn a prosecution for an offence against this Act, a certificate signed\nby the authority that includes any of the following statements is\nevidence of the matters stated:\n(a) a statement that, at a stated time or during a stated period, a\nstated person was or was not the holder of a stated licence;\n(b) a statement that, at a stated time or during a stated period, a\nstated person was or was not the owner of stated land;\n(c) a statement that a stated place is, or is not, a waterway or bore;\n\n(d) a statement that, at a stated time or during a stated period, there\nwas or was not, on stated land, a channel or other means\n(including mechanical means) by which water could be taken;\n(e) a statement that, at a stated time or during a stated period, there\nwere or were not, at a stated place, works to increase ground\nwater;\n(f) a statement that, at a stated time or during a stated period, there\nwas or was not, a water structure on stated land.\n","sortOrder":121},{"sectionNumber":"104","sectionType":"section","heading":"Criminal liability of executive officers","content":"104 Criminal liability of executive officers\n(1) An executive officer of a corporation commits an offence if—\n(a) the corporation commits a relevant offence; and\n(b) the officer was reckless about whether the relevant offence\nwould be committed; and\n(c) the officer was in a position to influence the conduct of the\ncorporation in relation to the commission of the relevant\noffence; and\n(d) the officer failed to take reasonable steps to prevent the\ncommission of the relevant offence.\nMaximum penalty: The maximum penalty that may be imposed for\nthe commission of the relevant offence by an individual.\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the commission of the relevant offence, a\ncourt must consider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent that the action is relevant to the act or\nomission):\n(i) that the corporation arranges regular professional\nassessments of the corporation’s compliance with the\nprovision to which the relevant offence relates;\n\n(ii) that the corporation implements any appropriate\nrecommendation arising from such an assessment;\n(iii) that the corporation’s employees, agents and contractors\nhave a reasonable knowledge and understanding of the\nrequirement to comply with the provision to which the\nrelevant offence relates;\n(b) any action the officer took when the officer became aware that\nthe relevant offence was, or might be, about to be committed.\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) Subsection (1) does not apply if the corporation would have a defence\nto a prosecution for the relevant offence.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (4) (see Criminal Code, s 58).\n(5) This section applies whether or not the corporation is prosecuted for,\nor convicted of, the relevant offence.\n(6) In this section:\nexecutive officer, of a corporation, means a person, by whatever\nname called and whether or not the person is a director of the\ncorporation, who is concerned with, or takes part in, the corporation’s\nmanagement.\nrelevant offence means an offence against any of the following:\n(a) section 77C (Offence—do waterway work without licence);\n(b) section 77H (Offence—contravene notice prohibiting or\nrestricting taking of water);\n(c) section 77I (Offences—contravene directions).\n\n","sortOrder":122},{"sectionNumber":"105","sectionType":"section","heading":"Self-incrimination etc","content":"105 Self-incrimination etc\n(1) This section applies if a person is required to give information or\nproduce a document under this Act.\n(2) The person can not rely on the common law privileges against\nself-incrimination and exposure to the imposition of a civil penalty to\nrefuse to give the information or produce the document.\nNote The Legislation Act, s 171 deals with client legal privilege.\n(3) However, any information, document or other thing obtained, directly\nor indirectly, because of the giving of the information or producing\nof the document, is not admissible in evidence against the person in a\ncriminal proceeding, other than a proceeding for—\n(a) an offence in relation to the failure to give the information or\nproduce the document; or\n(b) any offence in relation to the falsity or the misleading nature of\nthe information or document.\n","sortOrder":123},{"sectionNumber":"106","sectionType":"section","heading":"Nonpayment of fees","content":"106 Nonpayment of fees\nIf a fee payable in relation to a water access entitlement or licence is\nnot paid before the end of 30 days after the day it is payable, the\nauthority may—\n(a) suspend the entitlement or licence until the fee is paid; or\n(b) cancel the entitlement or licence.\n","sortOrder":124},{"sectionNumber":"107","sectionType":"section","heading":"Determination of fees","content":"107 Determination of fees\n(1) The Minister may determine fees for this Act.\n\n","sortOrder":125},{"sectionNumber":"109","sectionType":"section","heading":"Regulation-making power","content":"109 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may create offences and fix maximum penalties of not\nmore than 20 penalty units for the offences.\n\n","sortOrder":126},{"sectionNumber":"110","sectionType":"section","heading":"Survival of allocations","content":"110 Survival of allocations\nA water allocation in force under the repealed Act immediately before\nthe commencement day (a surviving allocation) continues in force\nsubject to this Act.\n","sortOrder":127},{"sectionNumber":"111","sectionType":"section","heading":"Surviving allocations—surrender generally","content":"111 Surviving allocations—surrender generally\n(1) A surviving allocation can not be transferred or amended but, subject\nto section 112 and section 113, may be surrendered to the authority at\nany time.\n(2) If a person who holds a surviving allocation surrenders it to the\nauthority, the person may request that a water access entitlement be\ngranted to the person.\n(3) On request under subsection (2), the authority must grant to the\nperson—\n(a) if the surrendered allocation was for surface water only—a\nwater access entitlement for surface water; or\n(b) if the surrendered allocation was for ground water only—a water\naccess entitlement for ground water; or\n(c) if the surrendered allocation was partly for surface water and\npartly for ground water (a mixed allocation)—a water access\nentitlement for surface water and a water access entitlement for\nground water.\n(4) A water access entitlement granted to a person under subsection (3)\nmust state—\n(a) the person’s name; and\n(b) the amount of surface water or ground water that may be taken;\nand\n(c) the water management area to which the amount relates; and\n\nSurviving allocations Part 13\n(d) if the person does not have access to urban water supply and the\nsurrendered allocation was for water for stock or domestic use—\n(i) that the water is for stock or domestic use; and\n(ii) the place where the water may be taken; and\n(e) if no fee was paid under the repealed Act for the grant of the\nsurrendered allocation—the place where the water may be\ntaken; and\nNote For removal of this statement, see s 25.\n(f) anything else required under this Act to be stated in the water\naccess entitlement.\n(5) For subsection (4) (b), the amount stated must be—\n(a) if a fee was paid under the repealed Act for the grant of the\nsurrendered allocation—the percentage of the water available\nfor taking in the water management area that is equivalent to the\nvolume of the allocation (or, for a mixed allocation, the relevant\npart of the allocation); and\n(b) if no fee was paid under the repealed Act for the grant of the\nsurrendered allocation—the percentage of the water available\nfor taking in the water management area that is equivalent to the\nlesser of—\n(i) the volume of the allocation (or, for a mixed allocation, the\nrelevant part of the allocation); and\n(ii) the amount that, under the determination in force under\nsection 18 (Amounts of water reasonable for uses), is a\nreasonable amount for the existing use.\n\n","sortOrder":128},{"sectionNumber":"112","sectionType":"section","heading":"Surviving allocations—surrender by water utility","content":"112 Surviving allocations—surrender by water utility\n(1) This section applies to a surviving allocation held by a water utility.\n(2) The utility may surrender the allocation to the authority and request a\nwater access entitlement under section 111 before the end of 6 months\nafter the commencement day.\n(3) If the utility does not surrender the allocation to the authority before\nthe end of that 6-month period, the allocation is taken to be\nsurrendered to the authority and the authority must grant a water\naccess entitlement to the utility under section 111.\n","sortOrder":129},{"sectionNumber":"113","sectionType":"section","heading":"Surviving allocations—surrender by holder no longer","content":"113 Surviving allocations—surrender by holder no longer\nowner or occupier of land\n(1) This section applies to the holder of a surviving allocation (other than\na water utility) if the holder is not the owner or occupier of the land\nto which the allocation relates.\n(2) The holder may surrender the allocation to the authority and request\na water access entitlement under section 111 before the end of the\nlater of—\n(a) 6 months after the day the person ceases to be the owner or\noccupier of the land; and\n(b) 6 months after the commencement day.\n(3) If the holder does not surrender the allocation to the authority before\nthe end of that 6-month period, the allocation is taken to be\nsurrendered to the authority and the holder must not be granted a\nwater access entitlement under section 111 in relation to the\nallocation.\n\nReviewable decisions Schedule 1\n","sortOrder":130},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\n(see pt 11)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 24 amend water access\n2 26 refuse to approve\ntransfer of whole or\npart of water access\n3 30 refuse to issue licence\nto take water\n4 31 impose condition on\nlicence to take water\n5 35 refuse to issue driller’s\nlicence\n6 36 impose condition on\ndriller’s licence\n7 39 refuse to issue bore\nwork licence\n8 40 impose condition on\nbore work licence\n9 44 refuse to issue\nwaterway work licence\n10 45 impose condition on\nwaterway work licence\n11 49 refuse to issue recharge\nlicence\n12 50 impose condition on\nrecharge licence\n13 53 refuse to renew licence applicant for renewal\n\nSchedule 1 Reviewable decisions\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n14 55 impose condition on,\nor amend existing\ncondition of, licence\nlicence holder\n15 62 take disciplinary action\nmentioned in s 61 (c),\n(d), (e) or (f)\nentitlement, water allocation\nor licence\n16 73 give direction to take\nstated action to rectify\neffect of unauthorised\nactivity\n17 74 give direction to take\nstated action to prevent\nor rectify damage to\nbed or banks of\nwaterway\n18 75 give direction in\nrelation to unlicensed\ntaking of surface water\n19 76 give direction in\nrelation to bore\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• director-general\n• environment protection authority\n• found guilty\n• function\n• home address\n• infringement notice\n• national capital authority\n• national land\n• public employee\n• public servant\n• reviewable decision notice\n• territory plan.\naquifer means a geological formation or structure, or an artificial\nlandfill, permeated or capable of being permeated (whether\npermanently or intermittently) with water.\nauthorised officer means an authorised officer under the\nEnvironment Protection Act 1997, section 14 (3).\nauthority means the environment protection authority.\nbore means a bore, hole, well, excavation or other opening in the\nground or an underground cavity (whether occurring naturally or\nhaving been artificially constructed or modified)—\n(a) that is used, or is capable of being used, to intercept or collect\nground water; or\n(b) from which ground water is, or is capable of being, obtained or\nused; or\n\n(c) that is used, or is capable of being used, for the disposal of water\nor waste below the surface of the ground; or\n(d) that extends into an aquifer.\nbore work means any of the following:\n(a) drilling, constructing, altering, plugging, backfilling or sealing\noff a bore;\n(b) removing, replacing, altering, slotting or repairing the casing,\nlining or screen of a bore;\n(c) deepening a bore (in the course of construction or otherwise).\nbore work licence means a licence under section 39.\ncommencement day means the day this Act commences.\nconnected with an offence, for part 10 (Enforcement)—see\nsection 78.\ncoordination group—see section 67A.\ncorresponding water access entitlement—see section 27.\ndisciplinary action—see section 61.\ndisciplinary notice—see section 62 (1).\ndriller’s licence means a licence under section 35.\nengage in conduct means—\n(a) do an act; or\n(b) omit to do an act.\nenvironmental flow guidelines means environmental flow guidelines\nunder section 12 (1).\n\nenvironmental record, of a person, means the person’s\nenvironmental record both in the ACT and elsewhere so far as it\nrelates to water, and includes any action taken in relation to the person\nunder—\n(a) this Act or the repealed Act; or\n(b) a licence issued under this Act or the repealed Act; or\n(c) a law of the Commonwealth, a State or another Territory that\nrelates to water.\nflow, in relation to surface water and ground water, includes the\ndischarge, release, escape or passage of the water.\nground, for disciplinary action—see section 60.\nground water—see section 9.\nincorporated document means an instrument applied, adopted or\nincorporated by a statutory instrument under this Act.\nland includes a building or structure on land.\nland sublease—see the Planning Act 2023, dictionary.\nlicence means a licence under this Act.\nlicence to take water means a licence under section 30.\noccupier, of premises, for part 10 (Enforcement)—see section 78.\noffence, for part 10 (Enforcement)—see section 78.\nowner, of land, includes—\n(a) the lessee of the land; or\n(b) for land under a land sublease—the sublessee.\npremises, for part 10 (Enforcement)—see section 78.\n\nrecharge licence means a licence under section 49.\nregister means the register under section 66.\nrepealed Act means the Water Resources Act 1998.\nNote A reference to a repealed Act is a reference to the Act as in force\nimmediately before it was repealed (see Legislation Act, s 103).\nreviewable decision, for part 11 (Notification and review of\ndecisions)—see section 94.\nstock or domestic use of water by a person means 1 or more of the\nfollowing:\n(a) use for the person, or the person’s family or employees, for\ndomestic purposes;\n(b) use for drinking water for stock—\n(i) not exceeding the number of stock normally depastured on\nthe relevant land having regard to seasonal fluctuations in\nthe carrying capacity of the land; and\n(ii) not held in close concentration for a purpose other than\ngrazing;\n(c) use for irrigating a garden, not larger than 2 hectares, that is for\ndomestic use and not for the sale, barter or exchange of goods\nproduced in the garden.\nsurface water—see section 8.\nsurviving allocation—see section 110.\ntake water—see section 11.\n\nurban residential property means any of the following, within the\nmeaning of the territory plan, that has access to urban water supply:\n(a) single dwelling housing;\n(b) multi-unit housing;\n(c) a boarding house;\n(d) a guest house.\nurban water supply means water supplied by a water utility, other\nthan treated sewage.\nwater means surface water or ground water, and includes water that\ncontains impurities.\nwater access entitlement—see section 19.\nwater management areas—see section 16 (1).\nwater structure—see section 41.\nwater utility means a utility licensed under the Utilities Act 2000 to\nprovide a water service.\nwaterway—see section 10.\nwaterway work—see section 41.\nwaterway work licence means a licence under section 44.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":131},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nLegislation history 3\nWater Resources Act 2007 A2007-19\nnotified LR 20 June 2007\ns 1, s 2 commenced 20 June 2007 (LA s 75 (1))\nremainder commenced 1 August 2007 (s 2 and CN2007-8)\nas amended by\nPlanning and Development (Consequential Amendments) Act 2007\nA2007-25 sch 1 pt 1.36\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\nsch 1 pt 1.36 commenced 31 March 2008 (s 2 and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.108\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.108 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.79\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.79 commenced 22 September 2009 (s 2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.85\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.85 commenced 17 December 2009 (s 2)\nWater Resources Amendment Act 2010 A2010-31\nnotified LR 1 September 2010\ns 1, s 2 commenced 1 September 2010 (LA s 75 (1))\ns 4 commenced 1 March 2011 (s 2 and LA s 79)\nremainder commenced 18 October 2010 (s 2 and CN2010-10)\n\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.56\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.56 commenced 5 June 2012 (s 2 (2))\nDirectors Liability Legislation Amendment Act 2013 A2013-4 sch 1\npt 1.12\nnotified LR 21 February 2013\ns 1, s 2 commenced 21 February 2013 (LA s 75 (1))\nsch 1 pt 1.12 commenced 22 February 2013 (s 2)\nPlanning, Building and Environment Legislation Amendment\nAct 2013 A2013-15 pt 11\nnotified LR 21 May 2013\ns 1, s 2 commenced 21 May 2013 (LA s 75 (1))\npt 11 commenced 22 May 2013 (s 2)\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.53\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.53 commenced 14 June 2013 (s 2)\nWater Resources Amendment Act 2013 A2013-27\nnotified LR 21 August 2013\ns 1, s 2 commenced 21 August 2013 (LA s 75 (1))\nremainder commenced 22 August 2013 (s 2)\nPlanning and Development (University of Canberra and Other\nLeases) Legislation Amendment Act 2015 A2015-19 pt 25\nnotified LR 11 June 2015\ns 1, s 2 commenced 11 June 2015 (LA s 75 (1))\npt 25 commenced 1 July 2015 (s 2 and CN2015-9)\nWater Resources (Catchment Management Coordination Group)\nAmendment Act 2015 A2015-25 pt 2\nnotified LR 18 August 2015\ns 1, s 2 commenced 18 August 2015 (LA s 75 (1))\npt 2 commenced 19 August 2015 (s 2)\n\nLegislation history 3\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.75\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.75 commenced 14 October 2015 (s 2)\nEmergencies Amendment Act 2016 A2016-33 sch 1 pt 1.23\nnotified LR 20 June 2016\ns 1, s 2 commenced 20 June 2016 (LA s 75 (1))\nsch 1 pt 1.23 commenced 21 June 2016 (s 2)\nRed Tape Reduction Legislation Amendment Act 2017 A2017-17 pt 11\nnotified LR 14 June 2017\ns 1, s 2 commenced 14 June 2017 (LA s 75 (1))\npt 11 commenced 31 August 2017 (s 2 (2))\nPlanning, Building and Environment Legislation Amendment\nAct 2017 (No 2) A2017-20 pt 11\nnotified LR 15 June 2017\ns 1, s 2 commenced 15 June 2017 (LA s 75 (1))\npt 11 commenced 16 June 2017 (s 2)\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.41\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.41 commenced 23 October 2018 (s 2 (4))\nWater Resources Amendment Act 2019 A2019-15\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\nremainder commenced 15 June 2019 (s 2)\nEmergencies Amendment Act 2020 A2020-47 sch 1 pt 1.9\nnotified LR 3 September 2020\ns 1, s 2 commenced 3 September 2020 (LA s 75 (1))\nsch 1 pt 1.9 commenced 4 September 2020 (s 2)\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.65\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.65 commenced 23 June 2021 (s 2 (1))\n\nWater Resources Amendment Act 2023 A2023-26\nnotified LR 7 July 2023\ns 1, s 2 commenced 7 July 2023 (LA s 75 (1))\nremainder commenced 8 July 2023 (s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.72\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.72 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nPlanning and Environment Legislation Amendment Act 2024\nA2024-21 sch 1 pt 1.4\nnotified LR 24 May 2024\ns 1, s 2 commenced 24 May 2024 (LA s 75 (1))\nsch 1 pt 1.4 commenced 31 May 2024 (s 2 (1))\nEnvironment Protection Legislation Amendment Act 2024 A2024-35\npt 4\nnotified LR 10 July 2024\ns 1, s 2 commenced 10 July 2024 (LA s 75 (1))\npt 4 commenced 11 July 2024 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.105, sch 4\npt 4.192\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.105, sch 4 pt 4.192 commenced 26 November 2025 (s 2 (3),\n(9))\n\nCommencement\ns 2 om LA s 89 (4)\nApplication of Act to national land and Googong Dam Area\ns 7A ins A2010-31 s 4\nACT water resource plan\ns 11A ins A2019-15 s 4\nam A2024-35 s 59, s 60\nEnvironmental flow guidelines\ns 12 am A2025-29 amdt 4.195\nEnvironmental flow guidelines—preparation by director-general\ns 13 sub A2023-26 s 4\nEnvironmental flow guidelines—consultation\ns 14 am A2009-20 amdt 3.227; A2013-19 amdt 3.508; A2015-33\namdt 1.259; ss renum R16 LA; A2023-26 s 5, s 6; A2025-29\namdt 4.195\nEnvironmental flow guidelines—submission to Minister\ns 15 am A2023-26 ss 7-10\nEnvironmental values\npt 3A hdg ins A2023-36 amdt 1.412\nEnvironmental values for waterways\ns 15A ins A2023-36 amdt 1.412\nWater management areas\ns 16 am A2025-29 amdt 4.195\nAmounts of water available from areas\ns 17 am A2019-15 s 5, s 6; ss renum R21 LA; A2023-26 s 11;\nA2025-29 amdt 4.195\nAmounts of water reasonable for uses\ns 18 am A2025-29 amdt 4.195\nWater access entitlement—application\ns 20 am A2021-12 amdt 3.183; A2025-29 amdt 4.195\nWater access entitlement—amendment\ns 24 am A2025-29 amdt 4.195\nWater access entitlement—special provision for certain entitlements based\non surviving allocations etc\ns 25 am A2013-15 s 21; A2024-21 amdt 1.5; A2025-29 amdt 4.195\nWater access entitlement—transfer\ns 26 am A2010-31 s 5; A2025-29 amdt 4.195\n\nLicence to take water—requirement\ns 28 am A2007-25 amdt 1.208\n(1)-(5) reloc as s 77A (1)-(5)\nam A2010-31 s 7, s 8; ss renum R7 LA; A2012-21 amdt 3.215,\namdt 3.216; A2016-33 amdt 1.53, amdt 1.54; A2020-47\namdts 1.22-1.24; pars renum R22 LA; A2023-36 amdt 1.413\nLicence to take water—application\ns 29 am A2021-12 amdt 3.183; A2025-29 amdt 4.195\nLicence to take water—decision on application\ns 30 am A2023-36 amdt 1.413\nLicence to take water—where water may be taken\ns 32 am A2013-27 s 4\nDriller’s licence—requirement\ns 33 orig s 33\nreloc as s 77B (1)\npres s 33\nins A2010-31 s 11\nDriller’s licence—application\ns 34 am A2021-12 amdt 3.183; A2025-29 amdt 4.195\nDriller’s licence—decision on application\ns 35 am A2025-29 amdt 4.195\nBore work licence—requirement\ns 37 (1), (2) reloc as s 77B (2), (3)\nam A2010-31 s 13; ss renum R7 LA\nBore work licence—application\ns 38 am A2021-12 amdt 3.183; A2025-29 amdt 4.195\nBore work licence—decision on application\ns 39 am A2010-31 ss 14-16\nDefinitions––Act\ns 41 hdg sub A2013-19 amdt 3.509\ns 41 am A2013-19 amdt 3.509\nWaterway work licence—requirement\ns 42 (1) reloc as s 77C (1)\nam A2010-31 s 18, s 19; A2017-17 s 61, s 62\nWaterway work licence—application\ns 43 am A2021-12 amdt 3.183; A2025-29 amdt 4.195\nPlanning Act 2023 not affected\ns 46 sub A2023-36 amdt 1.414\n\nRecharge licence—requirement\ns 47 orig s 47\nreloc as s 77D\npres s 47\nins A2010-31 s 22\nRecharge licence—application\ns 48 am A2021-12 amdt 3.183; A2025-29 amdt 4.195\nLicences—renewal\ns 53 am A2021-12 amdt 3.183; A2025-29 amdt 4.195\nOffence—failing to produce licence\ns 57 reloc as s 77E\nLicence conditions—requirement\ns 58 orig s 58\nreloc as s 77F\npres s 58\nins A2010-31 s 25\nOffences—contravening certain conditions of licence to take water\ns 59 reloc as s 77G\nFunctions—director-general and authority\ns 64 sub A2023-26 s 12\nDelegation—director-general and authority\ns 65 sub A2023-26 s 12\nACT and region catchment management coordination group\npt 7A hdg ins A2015-25 s 4\nCoordination group—establishment\ns 67A ins A2015-25 s 4\nCoordination group—functions\ns 67B ins A2015-25 s 4\nam A2017-20 s 19, s 20; A2023-26 s 13, s 14; ss renum\nR24 LA\nConsideration of coordination group advice\ns 67C ins A2015-25 s 4\nsub A2023-26 s 15\nCoordination group—Minister’s directions\ns 67CA ins A2023-26 s 16\nAnnual report by coordination group\ns 67D ins A2015-25 s 4\nam A2017-20 s 21, s 22; A2023-26 s 17, s 18; ss renum\nR24 LA\n\nCoordination group—membership\ns 67E ins A2015-25 s 4\nam A2017-20 s 23; pars renum R18 LA; A2023-26 ss 19-21;\nss renum R24 LA; A2024-21 amdt 1.6; A2025-29 amdt 4.195\nEnding of appointments\ns 67F ins A2015-25 s 4\nCoordination group—general procedure\ns 67G ins A2015-25 s 4\nCoordination group—quorum at meetings\ns 67H ins A2015-25 s 4\nam A2023-26 s 22\nVoting at coordination group meetings\ns 67I ins A2015-25 s 4\nReimbursement of expenses for coordination group members\ns 67J ins A2015-25 s 4\nAssessment and investigation of water resources\npt 8 hdg sub A2023-26 s 23\nWater resources monitoring and assessment—director-general\ns 68 sub A2023-26 s 23\nPower to enter land for water resources monitoring and assessment\ns 68A ins A2023-26 s 23\nWater resources investigations—authority\ns 68B ins A2023-26 s 23\nCooperation etc with other jurisdictions\ns 69 sub A2023-26 s 23\nThings fixed to land by director-general or authority\ns 70 sub A2023-26 s 23\nNotice prohibiting or restricting taking of water\ns 71 am A2010-31 s 27; A2013-19 amdt 3.510; A2025-29\namdt 4.195\nDirection to modify or remove water structure\ns 72 am A2010-31 s 28\nDirection to rectify effect of unauthorised activity etc\ns 73 am A2010-31 s 29, s 30\nDirection to prevent or rectify damage to bed or bank of waterway\ns 74 am A2010-31 s 31, s 32\nDirections in relation to unlicensed taking of surface water\ns 75 am A2010-31 s 33\n\nDirections in relation to bores\ns 76 am A2010-31 s 34, s 35\nOffences\npt 9A hdg ins A2010-31 s 36\nOffences—take water without licence\ns 77A hdg ins A2010-31 s 36\ns 77A (1)-(5) reloc from s 28 (1)-(5) A2010-31 s 6\nam A2010-31 s 37\nOffences—do bore work without licence\ns 77B hdg prev s 33 hdg\nsub A2010-31 s 9\ns 77B (1) reloc from s 33 A2010-31 s 10\n(2), (3) reloc from s 37 (1), (2) A2010-31 s 12\nam A2010-31 s 38; A2013-27 s 5, s 6\nOffence—do waterway work without licence\ns 77C hdg ins A2010-31 s 39\ns 77C (1) reloc from s 42 (1) A2010-31 s 17\nam A2010-31 s 40; A2013-27 s 7; ss renum R12 LA\nOffence—do work without recharge licence\ns 77D hdg prev s 47 hdg\nsub A2010-31 s 20\ns 77D reloc from s 47 A2010-31 s 21\nOffence—failing to produce licence\ns 77E reloc from s 57 A2010-31 s 23\nOffence—contravening licence conditions\ns 77F reloc from s 58 A2010-31 s 24\nam A2013-27 s 8\nOffences—contravening certain conditions of licence to take water\ns 77G reloc from s 59 A2010-31 s 26\nOffence—contravene notice prohibiting or restricting taking of water\ns 77H ins A2010-31 s 41\nOffences—contravene directions\ns 77I ins A2010-31 s 41\nOffences—water meter tampering\ns 77J ins A2013-27 s 9\nPower to require name and address\ns 84 am A2009-49 amdt 3.214\nWarrants—application made other than in person\ns 86 am A2018-33 amdt 1.79, amdt 1.80\n\nNotification and review of decisions\npt 11 hdg sub A2008-37 amdt 1.562\nMeaning of reviewable decision—pt 11\ns 94 sub A2008-37 amdt 1.562\nReviewable decision notices\ns 95 sub A2008-37 amdt 1.562\nam A2025-29 amdt 4.195\nApplications for review\ns 96 sub A2008-37 amdt 1.562\nam A2025-29 amdt 4.195\nCompensation for exercise of powers\ns 99 am A2023-26 s 24\nIncorporation of documents\ns 100 am A2013-19 amdt 3.511; A2023-26 s 25\nsub A2024-35 s 61\nInspection of incorporated documents\ns 101 om A2023-26 s 26\nNotification of certain incorporated documents\ns 102 am A2013-19 amdt 3.512\nom A2023-26 s 26\nCriminal liability of executive officers\ns 104 sub A2013-4 amdt 1.15\nam A2025-29 amdt 3.368\nDetermination of fees\ns 107 am A2025-29 amdt 4.195\nApproved forms\ns 108 om A2021-12 amdt 3.184\nRegulation-making power\ns 109 am A2013-19 amdt 3.513; A2024-35 s 62, s 63; ss renum\nR27 LA; A2025-29 amdt 4.195\nTransitional\npt 20 hdg exp 1 August 2008 (s 206)\nEnvironmental flow guidelines\ns 200 exp 1 August 2008 (s 206 (LA s 88 declaration applies))\nExisting licences and permits\ns 201 exp 1 August 2008 (s 206 (LA s 88 declaration applies))\nWater access entitlement for certain existing licence holders\ns 202 exp 1 August 2008 (s 206)\n\nInformation on register\ns 203 exp 1 August 2008 (s 206 (LA s 88 declaration applies))\nReferences to Planning and Development Act\ns 204 sub A2007-25 amdt 1.209\nexp 1 August 2008 (s 206)\nTransitional regulations\ns 205 exp 1 August 2008 (s 206)\nExpiry—pt 20\ns 206 exp 1 August 2008 (s 206)\nRepeals and consequential amendments\npt 21 hdg om LA s 89 (3)\nLegislation repealed\ns 207 om LA s 89 (3)\nAdministrative Decisions (Judicial Review) Act 1989\nSchedule 1, item 18\ns 208 om LA s 89 (3)\nGungahlin Drive Extension Authorisation Regulation 2004\nSection 4 (e)\ns 209 om LA s 89 (3)\nLand (Planning and Environment) Regulation 1992\nSchedule 1, item 3 (d)\ns 210 om LA s 89 (3)\nUtilities Act 2000\nSection 20 (2) (l)\ns 211 om LA s 89 (3)\nTransitional—Planning (Consequential Amendments) Act 2023\npt 22 hdg ins A2023-36 amdt 1.417\nReferences to Planning Act 2023\ns 212 ins A2023-36 amdt 1.417\nExpiry—pt 22\ns 213 ins A2023-36 amdt 1.417\nReviewable decisions\nsch 1 ins A2008-37 amdt 1.563\nam A2009-20 amdt 3.228; items renum R5 LA\n\ndict am A2008-37 amdt 1.563; A2009-20 amdt 3.229; A2009-49\namdt 3.215; A2010-31 s 42; A2013-19 amdt 3.514; A2015-25\ns 5; A2015-33 amdt 1.260; A2023-36 amdt 1.415\ndef coordination group ins A2015-25 s 6\ndef land sublease ins A2015-19 s 152\nsub A2023-36 amdt 1.416\ndef owner sub A2015-19 s 153\ndef reviewable decision sub A2008-37 amdt 1.565\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nNo and date\nEffective Last\namendment\nmade by\nfor\n1 Aug 2007\n1 Aug 2007–\n30 Mar 2008\nnot amended new Act\n31 Mar 2008\n31 Mar 2008–\n1 Aug 2008\nA2007-25 amendments by\nA2007-25\n2 Aug 2008\n2 Aug 2008–\n1 Feb 2009\nA2007-25 commenced expiry\n2 Feb 2009\n2 Feb 2009–\n21 Sept 2009\nA2008-37 amendments by\nA2008-37\n22 Sept 2009\n22 Sept 2009–\n16 Dec 2009\nA2009-20 amendments by\nA2009-20\n17 Dec 2009\n17 Dec 2009–\n17 Oct 2010\nA2009-49 amendments by\nA2009-49\n18 Oct 2010\n18 Oct 2010–\n28 Feb 2011\nA2010-31 amendments by\nA2010-31\n1 Mar 2011\n1 Mar 2011–\nA2010-31 amendments by\nA2010-31\n5 June 2012–\n21 Feb 2013\nA2012-21 amendments by\nA2012-21\n22 Feb 2013\n22 Feb 2013–\nA2013-4 amendments by\nA2013-4\n22 May 2013–\nA2013-15 amendments by\nA2013-15\n14 June 2013–\n21 Aug 2013\nA2013-19 amendments by\nA2013-19\n\n5 Earlier republications\nNo and date\nEffective Last\namendment\nmade by\nfor\n22 Aug 2013\n22 Aug 2013–\nA2013-27 amendments by\nA2013-27\n1 July 2015–\n18 Aug 2015\nA2015-19 amendments by\nA2015-19\n19 Aug 2015\n19 Aug 2015–\n13 Oct 2015\nA2015-25 amendments by\nA2015-25\n14 Oct 2015\n14 Oct 2015–\nA2015-33 amendments by\nA2015-33\n21 June 2016–\nA2016-33 amendments by\nA2016-33\n16 June 2017–\n30 Aug 2017\nA2017-20 amendments by\nA2017-20\n31 Aug 2017\n31 Aug 2017–\n22 Oct 2018\nA2017-20 amendments by\nA2017-17\n23 Oct 2018\n23 Oct 2018\nA2018-33 amendments by\nA2018-33\n15 June 2019–\n3 Sept 2020\nA2019-15 amendments by\nA2019-15\n4 Sept 2020\n4 Sept 2020–\nA2020-47 amendments by\nA2020-47\n23 June 2021–\nA2021-12 amendments by\nA2021-12\n8 July 2023–\n26 Nov 2023\nA2023-26 amendments by\nA2023-26\n27 Nov 2023\n27 Nov 2023–\nA2023-36 amendments by\nA2023-36\n31 May 2024–\nA2024-21 amendments by\nA2024-21\n11 July 2024–\n27 Nov 2024\nA2024-35 amendments by\nA2024-35\n28 Nov 2024\n28 Nov 2024–\n25 Nov 2025\nA2024-35 expiry of\ntransitional\nprovisions (pt 22)\n\nExpired transitional or validating provisions 6\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":132}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s scope has been expanded since commencement by multiple amendments recorded in the amendment history. Notable scope extensions include: application to national land and the Googong Dam Area (s 7A inserted A2010-31 s 4); creation of an ACT water resource plan mechanism (s 11A inserted A2019-15 s 4; further amended A2024-35 ss 59–60); establishment of the ACT and region catchment management coordination group (pt 7A, ss 67A–67J inserted A2015-25 s 4); and addition of a statutory requirement for environmental values for waterways (s 15A inserted A2023-36 amdt 1.412). Other amendments across 2007–2025 (see endnotes) adjusted decision processes, consultation requirements and enforcement provisions. Mechanically, these changes broaden the Act’s geographic and institutional reach, add planning and coordination instruments, and strengthen monitoring and enforcement infrastructure (see ss 7A, 11A, 67A–67B, 12–15, 68). The trade-off is greater administrative scope and discretion for the Minister, director-general and authority, with corresponding increases in rule-making, monitoring and compliance obligations for water users."},"complexity_factors":["Multiple decision-makers with overlapping roles: Minister (policy/area/amount determinations, ss 16–17, s 15A), director-general (drafting guidelines, s 13; monitoring, s 68), and the authority (licensing, enforcement, ss 64, 66, 30).","Numerous licence and entitlement types with interdependencies (water access entitlements ss 19–27; licences to take water ss 28–32; driller’s, bore work, waterway work, recharge licences ss 33–51).","Entitlement design ties allocated shares to a changing total (percentage of area total plus maximum volume, s 19), creating variable quantity outcomes and operational complexity for holders.","Strong enforcement and investigative regime (entry, seizure, warrants, div 10.2–10.4) combined with a range of strict liability and criminal offences (pt 9A, ss 77A–77J).","Extensive use of delegated instruments and external incorporations (disallowable and notifiable instruments, s 11A(2), s 100) requiring ongoing administrative management and legal alignment.","Detailed administrative procedures and consultation steps for environmental guidelines (ss 12–15) and reviewable-decision pathways (pt 11 and schedule 1), increasing procedural burden.","Interplay with external Commonwealth instruments (explicit reference to the Basin Plan in s 17(7)) which constrains Ministerial determinations and adds interjurisdictional complexity.","Transitional and legacy arrangements (surviving allocations, pt 13, ss 110–113) that preserve prior rights but require conversion and special rules (s 111)."],"plain_english_summary":"# What this law does, who it affects, and how it works\n\nThis Act sets out who controls the Territory’s water, how water can be allocated and used, what licences and approvals are required, and what the Territory can do to protect water resources. It creates rules for: defining water and waterways (ss 8–11); declaring management areas and the total amounts of water available in them (ss 16–17); issuing tradable water access entitlements (ss 19–27); and issuing licences that allow people to take water or to do works (parts 5 and 9A). It also sets environmental instruments (environmental flow guidelines, s 12; environmental values, s 15A), monitoring and enforcement powers (parts 8 and 10), and a local catchment coordination group (pt 7A).\n\nWho pays and who is affected\n\n- People and businesses that apply for or hold water access entitlements and licences pay application and ongoing fees (Minister may determine fees, s 107) and must comply with licence conditions (s 58) or face penalties (many offence provisions, eg s 77A, s 77C).  \n- People who fail to comply with notices or directions can be required to pay reasonable costs for actions the authority takes (s 77(5)) and may face criminal or strict-liability penalties (see pt 9A: ss 77A–77J).  \n- Owners or occupiers of land hosting bores, water structures or waterways bear specific duties (eg sustainable use, prevent bank damage s 74) and may be directed to remediate or modify works (ss 72–76).  \n- The Territory (through the Minister, authority and director-general) decides policy, area boundaries, allowable volumes and many operational matters (see ss 7, 16–17, 64). The authority administers registers and most licensing and enforcement functions (ss 66, 64(2)).\n\nMechanics and decision-making (how the law works)\n\n- Territorial ownership: the right to use, flow and control water is vested in the Territory and exercisable by the Minister (s 7).  \n- Water planning instruments: the ACT water resource plan is a package of instruments including environmental flow guidelines, area determinations and total available water (s 11A) and may incorporate other instruments (s 11A(2), s 100). Environmental flow guidelines are prepared by the director-general and approved by the Minister after prescribed public consultation (ss 12–15). Environmental values for waterways are Ministerial determinations (s 15A).  \n- Allocations and entitlements: the Minister determines water management areas (s 16) and the total amounts available in each (s 17), subject to limits in the Basin Plan (s 17(3)). Water access entitlements are stated as a percentage of the total available in an area (and a stated maximum volume) (s 19). Entitlements can be transferred with authority approval (s 26), and transfers affect related licences (s 27).  \n- Licences and works: taking water, doing bore work, waterway work or recharge work generally requires the appropriate licence (ss 28, 33, 37, 42, 47). Licences carry conditions (s 31) and are not transferable (s 54). Some small or domestic uses are expressly exempt (s 28(2)).  \n- Monitoring and enforcement: the director-general must monitor water resources (s 68) and may enter land for monitoring with notice requirements for works (s 68A). Authorised officers have inspection and seizure powers (div 10.2), and the authority can seek warrants (div 10.3). A range of offences and penalties are set out in pt 9A (ss 77A–77J).  \n- Administrative review and transparency: the authority must keep a register of entitlements, licences and transfers (s 66) available for public inspection (s 67). Many authority decisions are reviewable by ACAT (pt 11 and schedule 1).  \n\nOfficial purpose-claims and a practical test against trade-offs and incentives\n\n- Officially stated objects (s 6) are to sustain wellbeing while protecting aquatic ecosystems and to leave water able to meet future needs. Those objects are implemented through instruments that limit total take (s 17), require environmental flow guidelines (s 12) and permit the Minister to reserve water for future use (s 17(4)).\n\n- Costs and incentives: the Act creates compliance costs for users (applications, meters, record-keeping and potentially changes to entitlements or licences — see s 31 for typical conditions and s 77G for meter-related offences). Fees are set by Ministerial determination (s 107) and nonpayment can lead to suspension or cancellation (s 106). Criminal and strict-liability offences (pt 9A) create deterrence but also raise risk and compliance costs for businesses. The authority can recover reasonable costs incurred in enforcing directions as a debt (s 77(5)), shifting enforcement expenses to affected persons.  \n\n- Discretion and administrative burden: key policy choices are centralised in the Minister (area and quantity determinations, ss 16–17; environmental values, s 15A) and in the authority (granting/modifying entitlements s 21, s 24; licence decisions s 30). The director-general has statutory roles in preparing guidelines and monitoring (ss 13, 68). Many instruments are disallowable or notifiable (eg s 12(2), s 14(3)), and statutory consultation and notice periods are mandated for guideline development (s 14). This structure concentrates decision-making in a mix of Ministers and executive officials, with administrative processes for consultation and review (sch 1, pt 11).  \n\n- Effects on private enterprise and market choice: property-like water access entitlements are tradeable with authority approval (s 26), but licences are not transferable (s 54) and the entitlement design (percentage of an area’s available water, s 19) means volumes can vary over time. Transfers can cancel or suspend related licences (s 27), which creates an operational risk for businesses dependent on licence continuity. The Act bars most entitlements for urban residential property (ss 21(2)(b), 30(2)(d)), concentrating private access choices in non-urban and utility sectors.  \n\n- Implementation risks and opportunity costs: the Act relies on accurate monitoring (s 68) and rule-making (s 12, s 18) to set caps that achieve sustainability. If monitoring, guideline-setting or area determinations are delayed or inaccurate, entitlement holders and potential investors face uncertainty. The law allows reservation of water for future use (s 17(4)), which creates opportunity cost for present applicants but preserves choices for future needs. The statutory incorporation mechanism (s 11A(2), s 100) means instruments from other laws or standards can be adopted, which reduces duplication but requires active management to avoid inconsistency.\n\nPrimary compliance points to note (mechanical steps individuals/businesses face)\n\n1. Apply for a water access entitlement (s 20) with stated use, area and site access rights; Minister must consider availability and whether amount is reasonable (s 21).  \n2. Base a licence to take water on an entitlement and apply to the authority (s 29–30); the authority checks entitlement, place and reasonableness (s 30).  \n3. If drilling bores, obtain driller’s and bore work licences as required (ss 33–40).  \n4. Comply with licence conditions (metering, record-keeping, reporting, s 31) or risk offences (pt 9A).  \n5. Use administrative review (ACAT) where a reviewable decision is made (pt 11 and schedule 1).  \n\nWhere discretion and concentrated benefits appear\n\n- The Minister can determine the total amounts available and reserve water (ss 17(1), 17(4)), which concentrates a key scarcity decision in an elected official.  \n- The authority has broad discretion to impose or amend conditions on entitlements and licences (ss 24, 31, 55) and to approve transfers (s 26). These are points where holders’ rights may be altered administratively.  \n- Transfers of entitlements can provide concentrated financial benefits to transferees while imposing compliance risk or lost usage on transferors if licences are impacted (s 27).  \n\nKey statutory references (examples): ss 6–7 (objects and ownership); ss 12–15, 15A (environmental instruments); ss 16–19, 26–27 (areas, amounts, entitlements and transfers); parts 5 and 9A (licences and offences); ss 64–66 (who administers); ss 68–69 (monitoring and cooperation); ss 77–77J (directions and offences); ss 99–107 (compensation, fees, and review mechanisms)."},"kimi_summary":{"_metrics":{"completionTokens":803},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has grown significantly beyond its original water management purpose. The 2015 addition of Part 7A (Catchment Management Coordination Group) expanded scope into regional catchment coordination. The 2010 and 2013 amendments added extensive new offence provisions (Part 9A) and enforcement powers (Part 10), effectively creating a parallel criminal enforcement regime. The 2023 amendments further expanded monitoring and assessment functions. The original 2007 Act was primarily about water allocation and licensing; subsequent amendments have made it a much broader environmental and natural resources management statute with significant enforcement and regional coordination dimensions."},"complexity_factors":["Multiple overlapping licensing schemes (5 different licence types: water taking, driller's, bore work, waterway work, and recharge)","Nested definitions and cross-references throughout (e.g., 'take water' defined in section 11 with multiple sub-paragraphs, then used across the Act)","Conditional exceptions to licensing requirements scattered across multiple sections (sections 28, 42, etc.)","Extensive interaction with other legislation (Planning Act 2023, Environment Protection Act 1997, Water Act 2007 (Cth), Utilities Act 2000, etc.)","Detailed procedural requirements for applications, consultations, and decisions with multiple steps and timeframes","Transitional provisions for 'surviving allocations' from the repealed 1998 Act creating parallel systems","Strict liability offences mixed with fault-based offences requiring careful parsing of mental elements","Register-based system with public inspection requirements and evidentiary certificates"],"plain_english_summary":"This is the **Water Resources Act 2007** (ACT), which governs how water is managed, used and protected in the Australian Capital Territory.\n\n**What it does**\n\nThe Act establishes a comprehensive system for managing the Territory's water resources sustainably. It covers:\n\n- **Ownership**: All water in the ACT is owned by the Territory (section 7), with the Minister exercising these rights on behalf of the Territory.\n\n- **Water access entitlements**: People can apply for a legal right (called a \"water access entitlement\") to take a share of available water from a specific area. This is not a guaranteed volume — it's a percentage of whatever water is available at the time (section 19).\n\n- **Licences required**: You generally need a licence to take water, drill bores, do work on waterways, or construct works to increase groundwater (sections 28, 33, 37, 42, 47). There are some exceptions — for example, taking water for stock or domestic use if you own land next to a waterway, or collecting rainwater from approved tanks.\n\n- **Environmental protection**: The Act requires environmental flow guidelines to protect aquatic ecosystems (Part 3), and allows the Minister to prohibit or restrict water taking if there's contamination or environmental risk (section 71).\n\n- **Enforcement**: Authorised officers can enter premises, seize equipment, and issue directions. There are offences for taking water without a licence, tampering with water meters, or failing to comply with directions (Part 9A and Part 10).\n\n- **Catchment management**: A coordination group advises on water catchment management across the ACT and surrounding region (Part 7A).\n\n**Who it affects**\n\n- Landowners and occupiers who want to take water\n- Water utilities (like Icon Water)\n- Drillers and contractors working on bores or waterways\n- Anyone doing construction or landscaping work that affects water\n- Developers and planners\n\n**Why it matters**\n\nWater is a scarce resource in Australia's inland regions. This Act tries to balance competing needs — drinking water, farming, industry, and keeping rivers and ecosystems healthy — while ensuring there's enough left for future generations."}},"importantCases":[],"_links":{"self":"/api/acts/water-resources-act-2007","history":"/api/acts/water-resources-act-2007/history","analysis":"/api/acts/water-resources-act-2007/analysis","conflicts":"/api/acts/water-resources-act-2007/conflicts","importantCases":"/api/acts/water-resources-act-2007/important-cases","documents":"/api/acts/water-resources-act-2007/documents"}}