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Water Act 1989
22PReview following long-term water resources assessment
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22P Review following long-term water resources assessment
(1) If, in the opinion of the Minister, a long-term water resources assessment has identified—
(a) a decline in the long-term availability of surface water or groundwater which has a disproportionate effect on the environmental water reserve or on the allocation of water for consumptive purposes; or
(b) a deterioration in waterway health for reasons related to flow—
the Minister must undertake a review to determine the action that is required to be taken—
(c) to restore the balance between the environmental water reserve and the allocation of water for consumptive purposes; or
S. 22P(1)(d) amended by No. 23/2019 s. 17(1)(b).
(d) to restore the health of waterways.
S. 22P(2) inserted by No. 23/2019 s. 17(2).
(2) In undertaking a review under subsection (1), the Minister must have regard to any relevant—
(a) economic and environmental matters; and
(b) Aboriginal cultural values and uses of waterways; and
(c) social and recreational matters.
S. 22P(3) inserted by No. 23/2019 s. 17(2).
(3) Despite subsection (1), the Minister is not required to undertake a review under that subsection if the Minister endorses a Sustainable Water Strategy or a review of a Sustainable Water Strategy that determines the action that is required to be taken to address the matters referred to in subsection (1)(c) or (d).
S. 22PA inserted by No. 23/2019 s. 18.
22PA Time for completion of reviews etc. following long‑term water resources assessment
(1) If a long-term water resources assessment identifies a decline or deterioration referred to in section 22P(1)(a) or (b), the Minister, within 2 years and 6 months after the Minister endorsed that assessment, must—
(a) endorse a Sustainable Water Strategy or a review of a Sustainable Water Strategy that sets out the action to be taken to address the matters referred to in section 22P(1)(c) or (d); or
(b) complete a review under section 22P that set outs the action to be taken to address the matters referred to in section 22P(1)(c) or (d).
(2) Despite subsection (1), the Minister may decide to extend the time to determine the action required to be taken.
(3) The Minister must publish notice of a decision under subsection (2) and reasons for it on the Department's Internet site.
(4) Failure to endorse a Sustainable Water Strategy or a review of a Sustainable Water Strategy or to complete a review under section 22P setting out the action that is required to be taken to address the matters referred to in section 22P(1)(c) or (d) within the time specified in subsection (1) does not affect—
(a) the validity of the Strategy or review; or
(b) any action, including any action under section 33AAB, the Minister takes following the preparation of the Strategy or completion of the review.
S. 22Q inserted by No. 99/2005 s. 11.