153BGranting of interests in respect of reserved or dedicated lands that are also water catchment special areas

153B Granting of interests in respect of reserved or dedicated lands that are also water catchment special areas

153B Granting of interests in respect of reserved or dedicated lands that are also water catchment special areas

(1) This section applies to lands reserved or dedicated under this Act that are also within a special area within the meaning of the Sydney Water Catchment Management Act 1998 or the Hunter Water Act 1991.

(2) The Minister may grant leases of, or licences to occupy or use, or easements or rights of way through, on or in, lands to which this section applies for the purpose of enabling the Sydney Catchment Authority, the Sydney Water Corporation or the Hunter Water Corporation to exercise its functions in relation to water or wastewater infrastructure on the lands concerned.

(3) Subsection (2) does not authorise the granting of a lease, licence, easement or right of way for the purpose of enabling any of the following functions to be exercised in relation to the land concerned—

(a) the impoundment of water on the land,

(b) the permanent inundation of the land,

(c) the construction of flood mitigation structures on the land.

(4) For the purposes of subsection (3) (b), permanent inundation includes any flooding additional to the temporary flooding that already occurs due to natural rainfall.

(5) The Minister must not grant a lease, licence, easement or right of way under subsection (2) unless a plan of management for the lands concerned identifies—

(a) the person to whom, and

(b) the lands in respect of which, and

(c) the purpose and term for which,

the lease, licence, easement or right of way is to be granted.

(6) Subsection (5) does not limit the operation of Part 5.

(7) A lease, licence, easement or right of way under subsection (2) may be granted subject to such terms and conditions as the Minister may determine.

(8) The Minister may from time to time revoke or vary any grant under subsection (2) of an easement or right of way.