NSWIn ForceAct
Water Act 1912
117ERestriction or suspension of rights held under licences during periods of water shortage
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#### 117E Restriction or suspension of rights held under licences during periods of water shortage
117E Restriction or suspension of rights held under licences during periods of water shortage
> > (1) If the Ministerial Corporation is satisfied that the whole or any part of a sub-surface water basin (referred to in this section as a water shortage zone) is unlikely to have more water available than is sufficient to meet—
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> > > (a) the requirements of the licensees of bores situated within the water shortage zone, and
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> > > (b) such other possible requirements from the water shortage zone as are determined by the Ministerial Corporation,
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> > it may, by order, suspend or restrict the entitlement of licensees within that zone to take and use water obtained by such bores.
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> > (2) In particular, such an order may reduce a licensee’s water allocation during the period for which the order is in force.
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> > (3) Such an order may relate to—
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> > > (a) a specified bore, or
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> > > (b) a specified class of bores, or
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> > > (c) all bores, or
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> > > (d) all bores, other than—
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> > > > (i) a specified bore, or
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> > > > (ii) a specified class of bores.
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> > (4) Notice of such an order must be published in—
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> > > (a) the Gazette, and
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> > > (b) such other manner as the Ministerial Corporation is satisfied is likely to bring the order to the attention of members of the public in the district in which the water shortage zone is situated.
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> > (5) The notice must specify the date (being the date of publication in the Gazette or a later date) on and from which the order has effect.
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> > (6) A person must not take or use water from a bore to which such an order relates contrary to the terms of the order.
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> > Maximum penalty—200 penalty units (in the case of a corporation) and 100 penalty units (in any other case).
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> > (7) In the case of a bore with respect to which there is a water allocation, the water allocation is taken to be reduced, during the period for which the order is in force, in accordance with the terms of the order.
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> > (8) Evidence that water has been taken from a bore is evidence that the water has been taken by the licensee of that bore.
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> **s 117E:** Ins 1997 No 128, Sch 1 \[15\]. Am 2018 No 25, Sch 2.37 \[14\].