21Controlling Authority may restrict diversions of water

21 Controlling Authority may restrict diversions of water

21 Controlling Authority may restrict diversions of water

(1) Notwithstanding any provision contained in any Act or the terms of any licence, permit, authority or approval granted to divert water from the Dumaresq Storage or the Carrier Rivers the Controlling Authority shall have power to direct the holder of any licence, permit, authority or approval to cease or reduce any diversions of water from the Dumaresq Storage and the Carrier Rivers to such extent and for such time or times as may by the Controlling Authority be considered necessary:

(a) to enable it to give effect to any direction issued to it by the Commission under clause thirty-eight of the Agreement, or

(b) if the Controlling Authority is of the opinion that the quantity of water being diverted into the State of New South Wales is or is likely to be in excess of the share of the water discharged from the Dumaresq Storage available for the use of such State under the Agreement.

(2) In the event of the holder of any licence, permit, authority or approval failing to comply with any direction given by the Controlling Authority under subsection one of this section, the Controlling Authority may give such holder notice by registered letter addressed to the holder at the holder’s address last known to the Controlling Authority that after the expiration of the period specified in the notice it is the intention of the Controlling Authority to cancel or suspend the licence, permit, authority or approval.

At the expiration of the period specified in the notice the licence, permit, authority or approval shall be cancelled or suspended as stated in the notice unless the Controlling Authority shall have annulled or withdrawn the notice in the meantime.

(3) Every holder of a licence, permit, authority or approval who diverts water from the Dumaresq Storage or the Carrier Rivers when the licence, permit, authority or approval has been cancelled or suspended by the Controlling Authority under the provisions of subsection two of this section shall, upon conviction, be liable for the first offence to a penalty not exceeding 0.5 penalty unit, and for a subsequent offence to a penalty not exceeding 2 penalty units, or where the offence is a continuing one, to a penalty not exceeding 0.1 penalty unit for every day during which the offence is continued.

s 21: Am 1993 No 47, Sch 1.