Canberra Water Supply (Googong Dam) Act 1974

The Act defines a small set of recurring legal constructs and allocates functions and powers around them. Key concepts are:

• Googong Dam Area: defined by reference to the Schedule to the Lands Acquisition Act 1955‑1966 notice published 17 October 1973; it is the geographic locus of the statutory regime and the source of the waters and works over which the Act operates (s 3, definition “Googong Dam Area”).

• Executive: a central actor. Where “Territory” is used in a non‑geographical sense it means the body politic established by s 7 of the Australian Capital Territory (Self‑Government) Act 1988; the Executive has functions on behalf of the Commonwealth to manage, protect and use the Googong Dam Area and to exercise the rights to use and control waters vested in Australia (s 3 definitions; ss 4, 11).

• Authorised person: an individual appointed by the Executive by written instrument to carry out inspection, survey and other functions under the Act. The Executive must provide a certificate of appointment which must be produced on demand when the authorised person enters land (s 7; s 8(2)). Surrender of the certificate is required when appointment expires or is revoked, with a specified penalty (s 7(3)‑(4)).

• Rights to water: the rights to use, dispose of and to control, restrict or interrupt the flow of waters in the Googong Dam Area are expressly vested in Australia and are exercisable by the Executive on Australia’s behalf (s 11(1)‑(2)). The Act instructs the Executive to have regard to downstream landowners’ interests and not to interfere with State‑conferred rights except as reasonably necessary for collection/maintenance and testing/maintenance of works (s 11(3)).

• Entry and occupation powers versus consent and warrants: The scheme distinguishes entry with occupier consent (written) from entry authorized by warrant from a Justice of the Peace when consent is refused or impracticable and the entry is reasonably necessary (ss 8‑10). Entry may be for inspection/survey purposes by authorised persons (s 8) or for occupation and construction by the Executive (s 9).

• Environmental duty and construction method: The Executive must ensure environmental effects of actions are fully considered and that all reasonably practicable measures are taken to protect the environment (s 6(1)); the Executive must, when constructing pipelines, ensure pipes are laid below ground as far as practicable (s 6(2)).

• Compensation: Owners and occupiers who suffer loss or damage by the exercise of powers or entry/occupation are entitled to compensation payable by the Territory, with specified heads of compensation and exclusions; compensation procedures are to be determined under Part VIII of the Lands Acquisition Act 1989 (s 13).

• Offences and penalties: Damage to works, theft/wastage of water, obstruction of authorised persons, non‑compliance with sign restrictions and sign damage are criminalised with a mix of summary and indictable penalties. The Act makes clear that Chapter 2 of the Criminal Code applies to its offences (s 3A; ss 14‑16, 18‑22). Strict liability applies to certain offences (s 7(4), s 21(2)) and the Act flags evidential burden for a “reasonable excuse” defence in one obstruction provision (s 8(3A)).

• Relationship with State law and other Commonwealth Acts: The Act intends concurrent operation of NSW laws where capable (s 27(1)), modifies the application of the Commonwealth Places Act in the Googong Dam Area (s 27(2)), and permits regulations under this Act to exclude State law application (s 27(3)). It also makes offences under this Act offences against Commonwealth law for purposes of Part X of the Judiciary Act (s 26). The Act cross‑refers to other statutory instruments (e.g. Lands Acquisition Acts, Water Resources Act 2007 (ACT), Criminal Code) and incorporates their relevance into the operational mechanics (s 4(1), s 3A, s 13(6), s 27).

These concepts structure who makes decisions, who bears costs, what conduct is permitted or forbidden, how compensation is assessed, and how enforcement proceeds. The Executive is central, authorised to act alone or with others, to construct works, engage contractors and to enter agreements for supply beyond the Territory (ss 4(2), 5(2)(d), 12).

Primary decision‑makers and duty‑bearers

• The Executive is the primary decision‑maker and duty‑bearer for management, protection and use of the Googong Dam Area on behalf of Australia (s 4(1)‑(2)). The Executive holds the rights to the waters and is expressly authorised to exercise them (s 11(1)‑(2)). The Executive has both broad functional duties and express duties to consider environmental effects and to take reasonably practicable protective measures (s 6).

• The Minister retains a concrete influence when the Minister determines in writing conditions to govern how the Executive exercises powers, performs functions or duties under the Act, after consultation with the Executive (s 6A(1)(a)). The Assembly may also make laws prescribing the manner in which the Executive must exercise powers (s 6A(2)), although such laws cannot be inconsistent with written Ministerial conditions (s 6A(2)).

Persons directly affected by operations on land

• Owners and occupiers of land in or near the Googong Dam Area are affected by entry, occupation and construction powers. Entry with consent is provided for; where consent is not given the Executive or authorised persons may seek warrants under s 10. Owners and occupiers are liable to suffer temporary and permanent disruption; the Act entitles them to compensation payable by the Territory if they suffer loss or damage by reason of the exercise of powers, entry or occupation (s 13(2)‑(3)).

• Persons who own goods on land (for example, materials or timber not owned by the occupier) also enjoy compensation rights where those goods are taken or disposed of in pursuance of the Act (s 13(5)).

Persons exercising statutory functions

• Authorised persons, persons employed in construction, testing, protection, operation or maintenance of authorised works, Territory employees and Territory authority employees are all explicitly exempted from certain access prohibitions and can be on sites for execution of their duties (s 23(a)‑(c)). Special categories of Commonwealth police personnel and AFP employees are also exempt (s 23(d)).

Broader public and users of water

• The public are affected by access declarations and signs the Executive may publish in the Gazette and erect in the Area. Entry to parts of the Googong Dam Area is prohibited unless those parts have been declared open to public access under s 17(1), and entry contrary to signs is penalised (s 18).

• Users or consumers of water are affected by the Act’s allocation rule: water stored in Googong is to be supplied primarily for use in the Territory (s 12(1)), although the Commonwealth (Australia) may enter into agreements with New South Wales for supply elsewhere (s 12(2)) and the Minister may authorise the Executive to exercise Australia's rights under such agreements (s 12(3)).

Regulatory and judicial actors

• Justices of the Peace play an active judicial role in issuing warrants for entry or occupation when consent is refused or impracticable and the entry/act is reasonably necessary (s 10). Courts of summary jurisdiction and superior courts acquire jurisdiction to try offences under normal federal procedures; the Act expressly treats its offences as offences against Commonwealth laws for the purposes of Part X of the Judiciary Act (s 26).

State of New South Wales and State law

• The State of New South Wales is affected as (a) interested holders of rights expressed to be conferred by NSW laws are to be taken into account before the Executive acts in a way that interferes with those rights (s 11(3)), and (b) NSW law continues to apply in the Googong Dam Area to the extent capable of concurrent operation, subject to the Act’s specific adjustments to the Commonwealth Places Act and any regulations under the Act that exclude State law operation (s 27).

Contractors, suppliers and third parties

• The Executive may enter into commercial agreements with persons or bodies for the performance of work or provision of services on such terms as the Executive thinks fit (s 5(2)(d)). Those contractors will be bound by the practical requirements of the Act, including producing authority where relevant, operating within declared public access restrictions, and complying with environmental duties and construction rules like burying pipelines where practicable (s 6(2)).

Collectively, the Act distributes authority over water resource development and protection to the Executive while preserving compensation rights for owners and occupiers, providing enforcement tools for works protection and water theft, and supplying a framework for State law interaction. The Act identifies who pays for compensation (the Territory, s 13(2)), who decides access and signposting (the Executive, s 17), and how disputes about entry may be judicially authorised (s 10).

Duties of the Executive and the Minister

• Management and use: The Executive must manage, protect and use the Googong Dam Area’s water resources on behalf of the Commonwealth in a manner consistent with the objects of the Water Resources Act 2007 (ACT) (s 4(1)). This places an operational duty on the Executive to align its activities with the policy objectives that the referenced Act sets out.

• Environmental duty: It is the Executive’s duty to ensure that the environmental effects of anything done or proposed to be done under the Act are fully considered and that all reasonably practicable measures are taken for environmental protection. The Act specifically contemplates using contractual provisions in agreements to secure such measures (s 6(1)). This imposes a procedural and substantive constraint on project design and contracting decisions.

• Construction duty: When constructing a pipeline, the Executive must ensure pipes are laid below the surface of the ground as far as practicable (s 6(2)). This is an express construction technique duty which will affect engineering specifications and project cost allocation.

• Manner of exercise: The Executive must exercise powers and perform functions in accordance with any conditions determined in writing by the Minister after consultation (s 6A(1)(a)). The Assembly may also prescribe laws about the manner of exercise (s 6A(2)), but such laws cannot be inconsistent with Ministerial conditions (s 6A(2)). This creates a layered governance structure: the Executive’s statutory discretion is subject to binding Ministerial directions and potentially Assembly law where consistent with Ministerial conditions.

Rights and operational powers

• Rights to water and control: Australia is vested with the rights to use, dispose of and control water in the Googong Dam Area, and the Executive exercises those rights on Australia’s behalf (s 11(1)‑(2)). Those rights include the power to restrict, interrupt and control flows emanating from the Area, subject to the limitation that the Executive must have regard to downstream owners’ and occupiers’ interests and must refrain from interfering with State statutory rights except where reasonably necessary for storage, maintenance or testing (s 11(3)).

• Construction and procurement powers: The Executive may construct or arrange for construction of dams, pipelines, roads, bridges and other works and may acquire and dispose of plant and equipment (s 5(2)(a)‑(b)). It may provide transport, accommodation and amenities for officers and employees (s 5(2)(c)) and enter agreements on any terms it thinks fit for the performance of work or provision of services (s 5(2)(d)). These clauses permit broad contracting freedom and project delivery methods to be chosen by the Executive.

• Entry and occupation: With occupier written consent, or with warrants issued under s 10, the Executive may enter and occupy land and do acts including construction, excavation, deposit or removal of materials, establishment of workshops, roads and manufacturing works (s 9(1)‑(2)). Authorised persons may enter land with consent or warrant to inspect, make surveys, sink bores, dig pits and do other acts necessary to ascertain land suitability (s 8(1), (4)).

• Regulation and signage: The Executive may declare parts of the Googong Dam Area as publicly accessible or not under s 17(1), and may authorise erection of signs to regulate entry, parking, speed limits and to convey warnings or information (s 17(2)). The Executive may remove signs at any time (s 20).

Obligations to owners and occupiers

• Compensation obligation: Where owners or occupiers suffer loss or damage by exercise of the Executive’s powers, or by entry or occupation under this Act, compensation is payable by the Territory (s 13(2)). Compensation extends to specified heads, including interruption or restriction of flow, temporary and permanent damage, and removal of materials taken or deposited (s 13(3)(a)‑(c)). The Act excludes compensation for fixtures demolished or removed under s 9(3) and for interference with rights conferred by NSW laws made after Royal Assent (s 13(3) last clause). Compensation procedure is to be determined under Part VIII of the Lands Acquisition Act 1989 (s 13(6)).

Criminal and administrative obligations of third parties

• Prohibitions: The Act penalises damaging or interfering with works (s 14), taking or wasting water (s 15), obstructing persons exercising powers under the Act (s 8(3)), entering or remaining in parts of the Area not declared open to public access (s 18(1)), contravening sign instructions (s 18(2)), entering prohibited areas outside the Googong Dam Area adjacent to works (s 19), and damaging signs (s 21). Many of these offences carry civil penalties described as “penalty units” or specific imprisonment/fine ranges for offences in ss 14‑16.

Procedural duties on authorised persons and the Executive

• Certificate and warrant production: Authorised persons must carry and, when demanded by the occupier, produce their authorising certificate and any warrant authorising entry (s 8(2)). Where an appointment ends or is revoked, the authorised person must forthwith surrender their certificate to the Executive or a specified delegate, with a specified penalty for failure to surrender (s 7(3)‑(4)).

• Warrant prerequisites: Warrants require justices of the peace to be satisfied on oath or affirmation that consent has been refused or is impracticable and that entry or occupation is reasonably necessary for the Act’s purposes (s 10(1)‑(2)). The Executive must produce a warrant to occupiers before occupying land under a warrant, upon demand (s 9(5)).

In short, the Act imposes duties on the Executive to act with environmental consideration, to exercise water rights primarily for the Territory, to pay compensation for damage, and to comply with Ministerial conditions, while granting the Executive broad construction and contracting powers and giving the Executive mechanisms to control access and to protect works. Third parties face criminal and civil consequences for interfering with works, taking water, obstructing authorised persons or disobeying regulatory signs.

Criminal law framework and Criminal Code application

• Chapter 2 of the Criminal Code applies to all offences created by this Act (s 3A). The Act therefore incorporates general principles of criminal responsibility from the Criminal Code, which will govern matters such as fault elements, defences and burdens of proof as they are articulated in that Code.

Primary offences and penalties set out in the Act

• Damage to works and theft or waste of water: Sections 14 and 15 create the substantive offences of damaging or interfering with works constructed or under construction, and of taking, using, consuming, wasting or diverting water from those works. Section 16 provides the penalty architecture. Offences under ss 14‑15 may be prosecuted either summarily or on indictment, but double punishment is barred (s 16(2)). Summary conviction penalties are imprisonment for up to 6 months, a fine not exceeding 2 penalty units, or both (s 16(3)(a)). On indictment the maximums are imprisonment up to 2 years or a fine not exceeding 20 penalty units, or both (s 16(3)(b)). Where proceedings are brought in a court of summary jurisdiction, the court may commit the defendant for trial or, with consent, determine the proceedings (s 16(4)).

• Regulatory and lesser penalties: Entry and conduct in parts of the Googong Dam Area and contravention of signs carry a penalty of 2 penalty units (s 18). Obstructions of authorised persons and obstructions of the Executive’s powers under s 9 also carry 2 penalty units (ss 8(3), 9(4)). Damaging or interfering with signs carries 2 penalty units (s 21(1)); s 21(2) makes that offence one of strict liability.

• Regulations: The Governor‑General may make regulations including the imposition of penalties for regulatory offences not exceeding $100 for breaches of those regulations (s 28(d)). The Act therefore contemplates a separate secondary penalty regime for regulatory contraventions with a specific monetary cap.

Strict liability and evidential burdens

• Strict liability declarations: The Act expressly makes the offence of failing to surrender an authorised person’s certificate under s 7(3) an offence of strict liability with a penalty of 2 penalty units (s 7(4)). It also makes the offence of damaging signs an offence of strict liability (s 21(2)). Where strict liability applies, the prosecution need not prove fault elements; the defendant may still rely on statutory defences where available, subject to the operation of the Criminal Code’s strict liability rules incorporated by s 3A.

• Evidential burden for reasonable excuse: In the obstruction offence under s 8(3), subsection 8(3A) clarifies that subsection (3) does not apply if the person has a reasonable excuse and that a defendant bears an evidential burden in relation to that matter (s 8(3A)). The Act cross‑refers to s 13.3(3) of the Criminal Code for the evidential burden rule, thereby tying the burden allocation to the Code’s procedures.

Warrants and judicial authorisation

• Warrants for entry/occupation: The Act requires a Justice of the Peace to be satisfied on information on oath or affirmation that consent was refused or impracticable to obtain and that the entry/occupation and associated act is reasonably necessary (s 10). Warrants authorise entry for authorised persons (s 10(2)) or the Executive (s 10(1)). The requirement of information on oath or affirmation gives a judicial gatekeeper role and an evidential requirement before intrusive powers can be exercised without consent.

Procedural safeguards and production of authority

• Production of certificate and warrant: When an authorised person enters land under s 8, they must, upon demand by the occupier, produce their authorisation certificate and, where entry is by warrant, the warrant (s 8(2)). When the Executive is to occupy land under a warrant, the Executive must, upon demand, produce the warrant to the occupier before occupying the land (s 9(5)). These provisions create a procedural safeguard in the field for occupiers.

Jurisdictional treatment and federal offences

• Offences taken as Commonwealth offences: For the purposes of Part X of the Judiciary Act, offences against this Act and the regulations are to be taken to be offences against Commonwealth laws (s 26). This ties the prosecution and appellate mechanisms to Commonwealth frameworks and the Judiciary Act’s Part X arrangements.

Enforcement discretion and administrative powers

• Executive powers to declare access and erect signs: The Executive may, by Gazette notice, declare areas open to public access and may authorise signs that regulate entry, speed limits and parking (s 17). The Executive retains the power to remove such signs at any time (s 20). These administrative powers operate alongside the criminal prohibitions to effect crowd control and site protection.

Practical enforcement trade‑offs

• The Act mixes summary and indictable penalties for core property and water offences, strict liability for specific regulatory breaches and references to the Criminal Code for evidential rules. The presence of a Justice of the Peace as a warrant issuer supplies a pre‑entry judicial check but the Act leaves significant discretion to the Executive to appoint authorised persons, to apply for warrants and to declare public access. Compensation for damage is payable by the Territory (s 13(2)), so enforcement activity that causes property loss carries a fiscal cost to the Territory.

In sum, enforcement is dual: administrative controls by the Executive backed by criminal sanctions for interference, theft and obstruction, a judicial warrant gatekeeper for non‑consensual entries or occupations and a statutory compensation regime to redress property impacts.

Cross‑references and prescribed consistency

• Water Resources Act 2007 (ACT): The Executive’s functions under this Act are to be exercised in a way consistent with the objects of the Water Resources Act 2007 (ACT) (s 4(1)). That places an explicit cross‑statute constraint on how the Executive must treat water resource policy outcomes when managing the Googong Dam Area. The Act does not specify the content of that Act’s objects; it treats them as operative constraints to be read alongside this Act.

• Criminal Code: Chapter 2 of the Criminal Code applies to all offences in this Act (s 3A). The Criminal Code’s definitions of fault elements, strict liability rules, burdens and general criminal responsibility thus govern the interpretation and prosecution of offences in this Act. The Act also directly references the Criminal Code on the evidential burden in s 8(3A).

• Lands Acquisition Acts: The Googong Dam Area is defined by reference to the Schedule to the notice under subsection 10(3) of the Lands Acquisition Act 1955‑1966 dated 17 October 1973 (s 3 definition). For compensation procedures, s 13(6) directs that Part VIII of the Lands Acquisition Act 1989 applies in relation to compensation under this section as if anything done by the Authority under this Act had been done under Part III of the 1989 Act. This imports the valuation, assessment and claims framework of the Lands Acquisition Act regime into compensation for damage or loss.

• Commonwealth Places (Application of Laws) Act 1970‑1973 and State laws: Section 27 articulates Parliament’s intention that the Act and regulations not operate to the exclusion of the application in the Googong Dam Area of laws of NSW to the extent those laws are capable of operating concurrently (s 27(1)). It then modifies the Commonwealth Places Act’s operation for the Googong Dam Area by treating the State law provisions as if they would be in force absent s 52 of the Constitution (s 27(2)(a)) and omitting paragraph 4(2)(b) (s 27(2)(b)). Finally, s 27(3) permits regulations under this Act to exclude the application in relation to the Googong Dam Area of any provisions of NSW law. This creates a calibrated interface: the Act seeks concurrence where possible but gives the Commonwealth a statutory route to displace State law in the Googong Dam Area through regulation if necessary.

• Judiciary Act 1903‑1973: Offences against this Act are taken to be offences against Commonwealth law for the purposes of Part X of the Judiciary Act (s 26). That coordinates prosecutorial, appellate and procedural treatment with Commonwealth practice.

Operational interactions and limits

• Interaction with NSW rights and subsequent State laws: Section 11(3) requires the Executive to have regard to the interests of owners and occupiers of land through or past which waters flow and not to interfere with rights expressly conferred by NSW law except to the extent reasonably necessary for storage and maintenance. However, s 13(3) excludes compensation for interference with rights expressed to be conferred by NSW laws made after the day of Royal Assent. That means the Executive’s duty to avoid interference must be read against a rule that the Territory will not compensate for later State law changes that reduce State rights, which can affect predictability for both the Executive and landholders.

• Ministerial conditions versus Assembly laws: Section 6A establishes a hierarchy where Ministerially determined written conditions, after consultation with the Executive, bind how the Executive exercises its powers and duties (s 6A(1)(a)). The Assembly may legislate procedural manner requirements (s 6A(2)), but such laws are ineffective to the extent inconsistent with Ministerial conditions. This allocates final overseeing authority to the Minister within the bounds of consultation and gives the Assembly scope to supplement procedure so long as it does not conflict with Ministerial directions.

• Compensation procedure and valuation forum: By invoking Part VIII of the Lands Acquisition Act 1989 for compensation determination (s 13(6)), the Act imports that procedural regime and any appellate or review mechanisms contained therein. The Act does not itself set valuation methodology but relies on that external statutory framework.

Regulatory gap‑filling via delegated legislation

• Regulation power: The Governor‑General may make regulations not inconsistent with the Act for regulating entry and conduct in the Googong Dam Area, protecting structures and flora and fauna, and imposing penalties up to $100 for regulatory offences (s 28). The regulations are therefore a formal source of supplementary detail and may be used to exclude or limit State law application per s 27(3). The Act leaves many operational details to delegated legislation.

Net effect

• The Act sits as a Commonwealth framework over a geographically specific resource area, linked to and constrained by State law where possible, but with express mechanisms to displace State law through regulations. It relies on other Commonwealth statutes (Criminal Code, Judiciary Act) and Commonwealth‑adopted compensation procedures (Lands Acquisition Act 1989) to operationalise criminal responsibility and compensation. Ministerial conditions can impose binding constraints on the Executive that may override locally enacted Assembly laws. The Act therefore functions as a node in an interlocking statutory network rather than a wholly self‑contained code.

This instrument as provided contains internal timing and cross‑statutory references but does not record a sequence of later amendments within the text supplied. The Act’s commencement provisions include a deeming clause: subject to subsection (2) the Act comes into operation on Royal Assent, and subsections 3, 4 and 5 are deemed to have had effect from and including 17 October 1973 (s 2(1)‑(2)). That clause fixes retrospective legal effect for those sections to the date referenced.

The Act contains multiple references to other statutes that themselves post‑date 1974 as matters of internal operation, for example:

• The definition of “Territory” in s 3 includes, in non‑geographical usage, the body politic established by s 7 of the Australian Capital Territory (Self‑Government) Act 1988. That cross‑reference affects how the term “Territory” is to be read in this Act where the non‑geographical meaning is intended.

• The Executive’s functions are to be performed in a manner consistent with the objects of the Water Resources Act 2007 (ACT) (s 4(1)). This is an operational alignment that depends on the content of the later Act.

• Section 13(6) directs that Part VIII of the Lands Acquisition Act 1989 applies to compensation under s 13 as if Acts under this Act were done under Part III of the Lands Acquisition Act 1989. That incorporates later statutory compensation procedures.

• The references to the Commonwealth Places (Application of Laws) Act 1970‑1973 and to the Judiciary Act 1903‑1973 are express modifications and linkages to other Commonwealth Acts (ss 26, 27).

Within the Act text supplied there is no schedule of amendments, no marginal notes signalling insertions, and no legislative history beyond the operation and commencement wording described. Where the Act cross‑refers to later statutes, the operative effect is that this Act must be read with those provisions in mind, and those cross‑references functionally amount to later legislative amendment of the Act’s practical reach by importing external statutory content (for example, the Self‑Government Act for the meaning of “Territory” and the Lands Acquisition Act 1989 for compensation machinery). The Act itself expressly contemplates the making of regulations that could exclude State law in relation to the Googong Dam Area (s 27(3)), which means delegated legislation could have materially changed the operational mix over time, but no such regulations or textual amendments are provided in the instrument before you.

If a reader needs a formal record of legislative amendments and historical versions, that material is not contained in the text provided. The Act as given establishes cross‑statutory dependencies and a commencement deeming, but not an internal amendment log.

The Act as supplied does not include or cite any judicial decisions or disputes decided under it. There are no cases named in the text and no references to litigation outcomes. The only references to judicial actors are procedural and administrative: Justices of the Peace are empowered to issue warrants under s 10 subject to oath or affirmation, and courts of summary jurisdiction are given a procedural role in s 16(4) for potential committal for trial. Section 26 makes offences against the Act offences against the Commonwealth for the purposes of Part X of the Judiciary Act, thereby defining prosecutorial jurisdiction and procedural treatment, but provides no litigation record.

Therefore, within the source provided there is no litigation history to report. Any judicial interpretation, enforcement statistics, contested compensation claims, or appellate pronouncements are not present in the instrument. For briefing, treat the Act’s text as unannotated by judicial construction in the supplied source; legal practitioners seeking precedential treatment or contested interpretations must consult external case law and official records, which are not contained in this text.

Strict liability, evidential burdens and procedural nuances

• Strict liability offences: Two provisions are expressly declared to be strict liability offences. First, the failure by an authorised person to surrender the certificate upon expiry or revocation of appointment is a strict liability offence with a penalty of 2 penalty units (s 7(3)‑(4)). Second, damage or interference with signs under s 21 is declared strict liability (s 21(2)). Strict liability reduces the prosecution’s burden on fault; defendants will need to rely on available defences and the Criminal Code’s structure as imported by s 3A.

• Defendant’s evidential burden: For obstruction under s 8(3), subsection 8(3A) exempts persons with a reasonable excuse, but places on the defendant the evidential burden of adducing some evidence of that excuse (s 8(3A)). The provision refers to s 13.3(3) of the Criminal Code for the evidential burden rule. Practically, occupants and members of the public must be prepared to adduce some evidence to avoid conviction for obstruction.

Ministerial condition supremacy and Assembly law

• Hierarchy risk: Section 6A allows the Minister to determine in writing conditions that bind the Executive’s exercise of powers and performance of duties. The Assembly may make laws prescribing manner, but such laws have no effect to the extent inconsistent with Ministerial conditions (s 6A(1)‑(2)). This creates a potential tension for those expecting local Assembly law to govern procedural matters: Ministerial conditions can effectively override Assembly prescriptions.

Compensation exclusions and timing issues

• Exclusion of compensation for certain State law interferences: Section 13(3) excludes compensation where interference is based on an interference with rights expressed to be conferred by a law of New South Wales made after the day of Royal Assent. This timing‑based exclusion can materially narrow compensation claims tied to later State legislative changes, and it places a time sensitivity on the legal status of State rights vis‑à‑vis compensation.

• Fixtures demolished or removed: Section 13(3) excludes compensation for any fixture demolished, destroyed or removed in pursuance of s 9(3) (i.e. plant, machinery, equipment or buildings the Executive may demolish or remove on or from land occupied). Owners should note that the Act spells out this exclusion, which may reduce recoverable heads where fixtures are removed during works.

Warrants and consent practicalities

• Written consent requirement and proof: Entry by authorised persons or the Executive may occur with written consent or under warrant (ss 8, 9, 10). The Act requires production of the authorising certificate or warrant upon demand by occupiers (s 8(2), s 9(5)). Occupiers should specifically demand the document before allowing entry; authorised persons should be prepared to produce the certificate or warrant. A failure to demand may have practical consequences in later disputes.

Public access declarations and changing signage

• Executive control over access and signage: The Executive may declare areas publicly accessible by Gazette notice and may erect signs regulating conduct (s 17). The Executive may also remove such signs at any time (s 20). For the public and local councils, the location and legal effect of access declarations can change quickly and without local legislative action; reliance on static signage or assumptions about access rights can therefore be risky.

Regulation power with exclusion of State law

• Regulations may exclude State law: Section 27(3) permits regulations under this Act to exclude the application, in relation to the Googong Dam Area, of any provisions of NSW law as applied by the Commonwealth Places Act modified by s 27(2). This is a significant delegated‑law power. Stakeholders that rely on particular NSW law protections should be alert to the possibility that regulations could displace those protections in the Googong Dam Area.

Unquantified penalties and “penalty units”

• Monetary uncertainty: Several offences are penalised by reference to “penalty units” (for example ss 7(3) penalty of 2 penalty units; s 16(3) indictable fine up to 20 penalty units). The Act text supplied does not set the value of a penalty unit or tie it to an index, so readers should not assume a dollar figure without checking the applicable penalty unit value in force at the relevant time. Regulators may also use the $100 cap on regulatory penalties in s 28(d) for offences against regulations.

Interplay with external statutory regimes

• Reliance on external procedural regimes: Compensation determinations are to be made under Part VIII of the Lands Acquisition Act 1989 “as if anything done by the Authority under this Act had been done under Part III of the Lands Acquisition Act 1989” (s 13(6)). Practitioners should be aware that actual compensation processes, limitation periods and valuation methods will follow that external statute and are not fully spelled out in this Act.

Definition and meaning of “Territory”

• Dual meaning of “Territory”: The definition of “Territory” distinguishes geographical usage (the Australian Capital Territory) from non‑geographical usage (the body politic established under the Self‑Government Act 1988) (s 3). The practical effect is that the identity of the decision‑maker or legal personality may differ depending on the context in which “Territory” is used; careful drafting and statutory interpretation will be required when applying the Act to institutional arrangements.

Taken together, these points identify legal and procedural traps that are embedded in the statutory text: strict liability offences, evidential burdens, Ministerial supremacy over procedural laws, compensation exclusions tied to chronology of State laws, and broad delegated powers to exclude State law by regulation. Each is grounded in the specific section cited.

For the Executive and Territory authorities

• Pre‑decision governance: Ensure any exercise of powers, functions or duties under the Act is undertaken in accordance with Ministerially determined written conditions and any applicable Assembly law consistent with those conditions (s 6A(1)‑(2)). Maintain a clear administrative record of any Ministerial condition and consultation with the Executive to meet statutory prerequisites.

• Environmental procedures: Implement and document environmental assessments and ensure “all reasonably practicable measures” are considered and recorded in project planning and in contract documentation as required by s 6(1). Where agreements are entered into with third parties, include contractual provisions that secure environmental protections in accordance with the duty in s 6(1).

• Pipeline construction standard: For pipeline works, ensure engineering specifications prioritise laying pipes below the ground surface “as far as practicable” and maintain technical justifications where deviation is necessary (s 6(2)).

• Authorised persons and certificates: When appointing authorised persons, issue signed certificates as required by s 7(2), maintain appointment records, and establish a reliable process for revoking appointments and reclaiming certificates promptly to avoid s 7(3) strict liability exposure. Keep copies of appointment instruments for production to occupiers if required.

• Warrant procedures and consent: Where occupier consent cannot be obtained, prepare warrant applications to a Justice of the Peace on oath or affirmation documenting refusal or impracticability of consent and the reasonable necessity of the entry or occupation per s 10. Ensure warrant paperwork is available and that occupiers receive production of the warrant upon demand before occupation (s 9(5)).

• Compensation readiness: Establish administrative and financial processes to receive and process compensation claims under s 13. Because s 13(6) incorporates Part VIII of the Lands Acquisition Act 1989, maintain familiarity with that Part’s procedural requirements, time limits and valuation methodologies to process claims correctly.

• Public access and signage management: When declaring areas open to public access (s 17(1)) or erecting signs (s 17(2)), ensure Gazettal requirements are met and signage complies with the Act’s content purposes. Keep records of where signs are placed and have a process for sign removal (s 20) and for enforcement against sign interference (s 21).

For authorised persons, contractors and occupiers

• Authorised person conduct: Carry the certificate of appointment and be ready to produce it upon demand by occupiers (s 8(2)). Maintain accurate field records of inspections, surveys, bores, pits and tests undertaken under s 8(4). On termination, surrender the certificate immediately as required by s 7(3) to avoid strict liability exposure.

• Site access and consent: Obtain written consent where possible before entering land (ss 8(1)(a), 9(1)(a)). If access is opposed, be prepared to evidence the steps taken to obtain consent when applying for a warrant (s 10). Occupiers should, when approached for entry, insist on production of the certificate or warrant per ss 8(2) and 9(5) before permitting entry or occupation.

• Compliance with signs and public access rules: Observe declared access areas and any signage that regulates behaviour. Non‑compliance with sign directions in declared areas attracts penalties (s 18(2)). Where signage is erected outside the Googong Dam Area authorising prohibited entry to areas adjacent to works, comply to avoid the offence in s 19.

• Avoid interference and obstructive conduct: Do not damage works or signs (ss 14, 21). Avoid obstructing authorised persons and the Executive in the exercise of their statutory powers; obstruction carries specified penalties and the “reasonable excuse” defence bears an evidential burden on the defendant for s 8(3A). Where you believe the Executive or authorised person is acting improperly, document objections and seek legal remedies rather than physically obstructing.

For landowners claiming compensation

• Preserve evidence of loss: If the Executive exercises powers on your land, preserve evidence of damage, interruption of water flow, temporary or permanent impairment, and losses relating to materials taken or deposited on the land (s 13(3)). Because the Act references the Lands Acquisition Act 1989 for compensation procedures (s 13(6)), file claims in accordance with that Part’s procedural requirements and time limits.

• Note exclusions: Be aware of exclusions, including no compensation for fixtures demolished under s 9(3) and for interference with rights conferred by NSW laws made after Royal Assent (s 13(3)). If rights are asserted under State law, determine whether the rights pre‑date Royal Assent or otherwise fall within the Act’s protective scope.

For public and recreational users

• Check Gazetted access: Do not assume access to any part of the Googong Dam Area. Consult the Australian Capital Territory Gazette and on‑site signs for declared public access areas before entering (s 17(1)). Breach of undeclared parts or failure to obey sign directions is an offence carrying penalties (s 18).

For legal advisers and compliance officers

• Cross‑statute alignment: When advising on contractual, environmental or land compensation matters, align advice with the Water Resources Act 2007 (ACT) objects, the Criminal Code fault and strict liability rules, and Part VIII of the Lands Acquisition Act 1989 for compensation mechanics as all are referred to by this Act (ss 4(1), 3A, 13(6)).

• Monitor delegated legislation: Track regulations made under s 28 that may (a) prescribe conduct or entry rules, (b) protect flora and fauna, and (c) potentially exclude NSW law application in the Googong Dam Area per s 27(3). Regulations may materially change the day‑to‑day compliance environment, including by imposing $100 maximum regulatory penalties (s 28(d)).

• Prepare for Ministerial conditions: Since Ministerial conditions determined in writing may bind Executive behaviour and override inconsistent Assembly laws (s 6A), ensure that legal and compliance systems incorporate any such conditions and that procurement, environmental assessment and community consultation processes reflect them.

In all cases, compliance is practical: demand or produce certificates and warrants where necessary, document environmental assessments and mitigation measures, record and preserve evidence for compensation claims, obey signage and Gazetted declarations, and keep abreast of regulations and Ministerial conditions that alter operational rules.