sec.8Meaning of artificial waterway

### sec.8 Meaning of artificial waterway Artificial waterway means an artificial channel, lake or other body of water. Without limiting subsection (1) , artificial waterway includes— an access channel; and an artificial channel that— is formed because land has been reclaimed from tidal water; and is intended to allow boating access to allotments on subdivided land; and other artificial channels subject to the ebb and flow of the tide; and any additions or alterations to an artificial waterway. However, artificial waterway does not include the following— a swimming pool; an ornamental pond of no more than 5,000m 2 in area; a pond— for aquaculture; or for treating effluent; a freshwater storage reservoir for domestic water supply; a water storage facility— situated on a natural watercourse; and used for irrigation or other agricultural purposes; a part of a river, creek or stream in which water flows in a natural channel, whether artificially improved or not; a drain for carrying stormwater or other material; any of the following used for accessing port infrastructure if constructed in the area of a port for which a port authority or port operator is responsible— a navigation channel; a harbour swing basin; a berth pocket; a berth approach or departure path. s 8 ins 2001 No. 93 s 7 amd 2010 No. 19 s 6 (sec.8-ssec.1) Artificial waterway means an artificial channel, lake or other body of water. (sec.8-ssec.2) Without limiting subsection (1) , artificial waterway includes— an access channel; and an artificial channel that— is formed because land has been reclaimed from tidal water; and is intended to allow boating access to allotments on subdivided land; and other artificial channels subject to the ebb and flow of the tide; and any additions or alterations to an artificial waterway. (sec.8-ssec.3) However, artificial waterway does not include the following— a swimming pool; an ornamental pond of no more than 5,000m 2 in area; a pond— for aquaculture; or for treating effluent; a freshwater storage reservoir for domestic water supply; a water storage facility— situated on a natural watercourse; and used for irrigation or other agricultural purposes; a part of a river, creek or stream in which water flows in a natural channel, whether artificially improved or not; a drain for carrying stormwater or other material; any of the following used for accessing port infrastructure if constructed in the area of a port for which a port authority or port operator is responsible— a navigation channel; a harbour swing basin; a berth pocket; a berth approach or departure path. - (a) an access channel; and - (b) an artificial channel that— (i) is formed because land has been reclaimed from tidal water; and (ii) is intended to allow boating access to allotments on subdivided land; and - (i) is formed because land has been reclaimed from tidal water; and - (ii) is intended to allow boating access to allotments on subdivided land; and - (c) other artificial channels subject to the ebb and flow of the tide; and - (d) any additions or alterations to an artificial waterway. - (i) is formed because land has been reclaimed from tidal water; and - (ii) is intended to allow boating access to allotments on subdivided land; and - (a) a swimming pool; - (b) an ornamental pond of no more than 5,000m 2 in area; - (c) a pond— (i) for aquaculture; or (ii) for treating effluent; - (i) for aquaculture; or - (ii) for treating effluent; - (d) a freshwater storage reservoir for domestic water supply; - (e) a water storage facility— (i) situated on a natural watercourse; and (ii) used for irrigation or other agricultural purposes; - (i) situated on a natural watercourse; and - (ii) used for irrigation or other agricultural purposes; - (f) a part of a river, creek or stream in which water flows in a natural channel, whether artificially improved or not; - (g) a drain for carrying stormwater or other material; - (h) any of the following used for accessing port infrastructure if constructed in the area of a port for which a port authority or port operator is responsible— (i) a navigation channel; (ii) a harbour swing basin; (iii) a berth pocket; (iv) a berth approach or departure path. - (i) a navigation channel; - (ii) a harbour swing basin; - (iii) a berth pocket; - (iv) a berth approach or departure path. - (i) for aquaculture; or - (ii) for treating effluent; - (i) situated on a natural watercourse; and - (ii) used for irrigation or other agricultural purposes; - (i) a navigation channel; - (ii) a harbour swing basin; - (iii) a berth pocket; - (iv) a berth approach or departure path.