93Other Acts not affected

93 Other Acts not affected

S. 93(1) amended by Nos 67/1995 s. 58(Sch. 1 item 3), 63/2006 s. 61(Sch. item 5.2), 6/2009 s. 46(4), 39/2018 s. 32(3).

(1) Subject to this section, this Act is in addition to and does not take away from the Water Act 1989, the Flora and Fauna Guarantee Act 1988, the Wildlife Act 1975, the Planning and Environment Act 1987, the Mineral Resources (Sustainable Development) Act 1990, the Environment Protection Act 2017 or any other Act, or any instrument made under an Act other than this Act.

(2) The powers conferred on the Secretary or an authorised officer under this Act are in addition to those conferred by the Conservation, Forests and Lands Act 1987.

(3) Subsection (1) does not affect the operation of sections 26 and 32.

(4) Part 3 does not—

(a) create an additional civil liability for a failure to comply with a provision of that Part resulting in a flow of water from land to other land; and

(b) affect any civil liability in respect of a flow of water imposed under the Water Act 1989; and

(c) affect the common law in relation to the escape of things from land.

(5) If there is an inconsistency between a land use condition or land management notice and a licence, authority, water management scheme or other instrument under the Water Act 1989—

(a) if practicable, both the land use condition or land management notice and the instrument must be complied with; and

(b) if this is not practicable, the document which is most restrictive of land use prevails.