21Matters to be taken into account with respect to public works

21 Matters to be taken into account with respect to public works If the Crown, an Authority or a public statutory body is the owner or has the management and control of any works which interfere, or may interfere, with the reasonable flow of water, in determining whether those works should be continued, removed or modified, account must be taken of all the circumstances including the following matters— (a) the circumstances, state of scientific knowledge and knowledge of local conditions at the time the works were constructed; (b) the nature and position of the works; (c) the likely effects and costs of continuing, removing or modifying the works; (d) the nature of any interest in land affected by the works and the effect on that interest of continuing, removing or modifying the works. Part 3—Assessment of and accounting for water Division 1—Role of Minister 22 Role of Minister (1) The Minister— (a) must make sure that a continuous program of assessment of the water resources of the State is undertaken; and S. 22(1)(ab) inserted by No. 99/2005 s. 8(1)(a). (ab) must make sure that a program of long-term water resources assessments is undertaken in accordance with this Act; and S. 22(1)(ac) inserted by No. 99/2005 s. 8(1)(a). (ac) must make sure that a program of sustainable water strategies is undertaken for the State in accordance with this Act; and S. 22(1)(b) amended by No. 99/2005 s. 8(1)(b). (b) subject to and in accordance with this Act, may allocate the available water resources; and S. 22(1)(c) inserted by No. 99/2005 s. 8(1)(c). (c) may require an assessment of the environmental water reserve to be carried out. (2) The water resources assessment program must provide for the collection, collation, analysis and publication of information about— S. 22(2)(a) substituted by No. 99/2005 s. 8(2)(a). (a) the availability of water, including surface water and groundwater; and S. 22(2)(ab) inserted by No. 99/2005 s. 8(2)(a). (ab) the use of one water source as a substitute for another water source; and S. 22(2)(ac) inserted by No. 99/2005 s. 8(2)(a). (ac) the environmental water reserve; and (b) the disposal of wastewater (including trade waste, sewage and saline water); and (c) the use and re-use of water resources; and (d) floodwaters; and (e) drainage and waterway management; and (f) water quality (including salinity); and (g) in-stream uses of water; and S. 22(2)(ga) inserted by No. 99/2005 s. 8(2)(b). (ga) current and historic levels of allocation and use of surface water and groundwater; and S. 22(2)(gb) inserted by No. 99/2005 s. 8(2)(b). (gb) current and historic condition of waterways and aquifers; and (h) anything else that the Minister decides is appropriate. S. 22(2A) inserted by No. 99/2005 s. 8(3). (2A) The Minister must make sure that information about the water resources assessment program is published every 5 years by— (a) making the information available for inspection, during business hours, free of charge at the office of the Department Head; and (b) making the information available on the Department's website. (3) Water may be allocated by the Minister under— S. 22(3)(aa) inserted by No. 99/2005 s. 8(4)(a). (aa) an environmental entitlement; or S. 22(3)(a) amended by No. 62/1995 s. 6(2). (a) a bulk entitlement granted to an Authority under Division 1 or 3 of Part 4; or S. 22(3)(ab) inserted by No. 99/2005 s. 40(1). (ab) a water share; or S. 22(3)(b) amended by No. 24/2013 s. 4. (b) a licence to take and use water issued under section 51(1) or a registration licence; or S. 22(3)(c) repealed by No. 99/2005 s. 8(4)(b). S. 22(4) repealed by No. 23/2019 s. 102. S. 22(5) repealed by No. 17/2012 s. 8(1). S. 22(6) inserted by No. 62/1995 s. 31, substituted by No. 99/2005 s. 40(2). (6) The Minister may, by Order published in the Government Gazette set rules with respect to the adjustment of volumes to be applied to transfers, whether permanent or temporary, of water rights in non-declared water systems. S. 22(7) inserted by No. 99/2005 s. 40(2). (7) The Minister may amend or revoke an Order made under subsection (6), in the same manner in which the Order is made under that subsection. Pt 3 Div. 1A (Heading and s. 22A) inserted by No. 5/2002 s. 8. Pt 3 Div. 1A (Heading) amended by No. 99/2005 s. 9.