[Section 3 Subsection (1) amended by No. 33 of 2015, s. 4, Applied:01 Jan 2016]ANCOLD consequence category means a consequence category referred to in the Guidelines on the Consequence Categories for Dams, published in October 2012 by the Australian National Committee on Large Dams Incorporated, as amended or substituted from time to time;
domestic purpose means personal use for drinking, cooking and washing but does not include taking water to be used in carrying on a business unless it is for the personal use of persons employed in the business;
drilling, in the case of a well, means drilling the well or excavating the well in any other manner and includes deepening or widening an existing well;
intensive farming means a method of keeping animals in the course of carrying on the business of primary production in which the animals are confined to a small space or area and are usually fed by hand or by mechanical means;
interested person has a meaning given by section 270 or 274 ;
lake means a natural lake, pond, lagoon, wetland or spring (whether modified or not) and includes –
(a) part of a lake; and
(b) a body of water declared by the regulations to be a lake;
land includes –
(a) buildings and other structures permanently fixed to land; and
(b) land covered with water; and
(c) water covering land; and
(d) any estate, interest, easement, privilege or right in or over land;
[Section 3 Subsection (1) amended by No. 6 of 2007, s. 7, Applied:16 Jul 2007]natural values means the variety of all life-forms native to land including plants, animals and micro-organisms, the genes that they contain, the ecosystems of which they are a part (including landforms, soils, water) and the processes that sustain them;
responsible water entity means a water entity responsible for the administration of a water management plan under section 38(1) or the administration of a water district under Part 9 ;
riparian tenement means land that adjoins a watercourse or through which a watercourse runs, or that adjoins a lake or on which a lake is situated;
Secretary means the Secretary of the Department;
serious environmental harm has the same meaning as in section 5(2) of the EMPC Act;
[Section 3 Subsection (1) amended by No. 49 of 2002, s. 4, Applied:01 Mar 2003]statutory authority means a person, body or authority, whether incorporated or unincorporated, constituted by or under an Act, or appointed by the Governor under the authority of an Act, to administer or control a department, office, business or undertaking on behalf of the State;
stock watering means the provision of water for drinking by livestock and for normal husbandry practices associated with the keeping of livestock, but does not include the provision of water for livestock or animals subject to intensive farming;
surety means the actual or relative probability with which a water allocation is expected to be available in any year having regard to the natural variability of the supply of water;
taking, in the case of water from a water resource, includes –
(a) taking water by pumping or syphoning the water; and
(b) stopping, impeding or diverting the flow of water over land (whether in a watercourse or not) for the purpose of collecting or storing the water; and
(c) diverting the flow of water in a watercourse from the watercourse; and
(d) releasing water from a lake; and
(e) permitting water to flow under natural pressure from a well, unless the water is flowing from a natural opening in the ground that gives access to groundwater; and
(f) permitting stock to drink from a watercourse, a natural or artificial lake, a dam or reservoir;
trust means a board of trustees holding office under Division 1 of Part 10 ;
trustee means one of the persons constituting a trust under Division 1 of Part 10 ;
waste means residue, by-product, surplus or reject material which is to be, or is required to be, disposed of in a manner of which utilisation to commercial or other advantage is not a primary purpose;
water allocation means a quantity of water that a licensee is entitled to take and use under a licence;
water district means a water supply district, irrigation district, riverworks district, hydro-electric district or drainage district created under Part 9 ;
(a) in respect of a watercourse, the pattern of flow in the watercourse, which is to be described in terms of the major features of its volumetric and temporal variation and which, in the case of a lake, is to include the fluctuation in the water level of the lake; or
(b) in respect of groundwater, the pattern of flow or fluctuation in the level of groundwater or pressure which is to be described in terms of the major features of its temporal variation;
(a) a watercourse, lake or any dispersed surface water or groundwater; or
(b) a tidal area that a declaration under section 5A relates to;
watercourse means a river, creek or other natural stream of water (whether modified or not) flowing in a defined channel, or between banks, notwithstanding that the flow may be intermittent or seasonal or the banks not clearly or sharply defined, and includes –
(a) a dam that collects water flowing in any such stream; and
(b) a lake through which water flows; and
(c) a channel into which the water of any such stream has been diverted; and
(e) a channel declared by the regulations to be excluded from this definition; or
(f) a drain or drainage depression in the contours on the land which only serves to relieve upper land of excess water in times of major precipitation;
works means a drain, outfall, bridge, culvert, channel, dam (including associated infrastructure), defence or other work of a water entity responsible for administering a water district or a water management plan and includes all machinery and appliances used, or intended to be used, for the purposes of any such district or plan but does not include a bridge over a natural watercourse if the bridge is on, or forms part of, a highway.
(2) In this Act –
(a) a reference to a watercourse is taken as a reference to either –
(i) the bed and banks of the watercourse; or
(ii) the water for the time being within the bed and banks of the watercourse –
or both, depending on the context; and
(b) a reference to a lake is taken as a reference to either –
(i) the bed, banks and shores of the lake; or
(ii) the water for the time being held by the bed, banks and shores of the lake –
or both, depending on the context; and
(c) a reference to varying a licence is taken to include a reference to varying a water allocation of the licence or the conditions attached to the licence; and
(d) a reference to a water allocation is taken to include a reference to a part of the water allocation; and
(e) a reference to a condition of a licence is taken to include a reference to a water allocation of the licence.