New South Wales act

Water Management Act 2000

In ForceNSW

Jurisdiction

New South Wales

Act Number

92 of 2000

Collection

act

Plain English Summary

8/10 complexity

The Act creates a statewide legal framework for managing NSW water: setting planning layers and management plans, defining access licences, approvals and an Access Register, recognising environmental water, and enabling trading (including multi‑year term transfers). It gives ministers, management bodies, authorities and irrigation corporations substantial powers and enforcement tools (criminal/civil penalties). License holders, landholders and service providers face new compliance, metering, cost‑recovery and administrative burdens; outcomes affect allocations, commerce and environmental protection.

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What it does

The Water Management Act 2000 (NSW) establishes the legal framework for the sustainable and integrated management of the State's water sources. Section 3 sets out the objects of the Act, which include applying the principles of ecologically sustainable development, protecting and restoring water sources and their associated ecosystems, recognising the social and economic benefits of sustainable water use, and providing for orderly and equitable sharing of water from water sources. The Act vests the State's water rights in the Crown (s 392), abolishes common law riparian rights (s 393), and creates a comprehensive licensing and approval system that governs the taking, using, and management of water.

The Act operates through a hierarchy of planning instruments. The State Water Management Outcomes Plan (s 6) sets the overarching policy context. Management plans (Part 3 of Chapter 2) and Minister's plans (Part 4 of Chapter 2) establish detailed rules for water sharing, water use, drainage, floodplain management, and controlled activities within defined water management areas or water sources. Below these sit access licences (Chapter 3, Part 2) and approvals (Chapter 3, Part 3), which authorise particular water takings and activities.

The Act is administered principally by the Minister, supported by the Water Administration Ministerial Corporation (Part 2 of Chapter 8), management committees (Part 2 of Chapter 2), and enforcement bodies including the Natural Resources Access Regulator. The Act binds the Crown in right of New South Wales (s 396).

Main concepts

Current sections

Direct links to the current provisions in Water Management Act 2000.

640

Name of Act

1 Name of Act

This Act is the Water Management Act 2000.

Commencement

2 Commencement

(1) This Act commences on a day or days to be appointed by proclamation.

(2) Different days may be appointed for the commencement of a single provision of Schedule 7 or 8 for the purpose of commencing the repeals or amendments effected by the provision on different days.

(3) Schedule 13A commences on a day or days to be appointed by proclamation.

s 2: Am 2024 No 80, Sch 1[1].

Objects

3 Objects

The objects of this Act are to provide for the sustainable and integrated management of the water sources of the State for the benefit of both present and future generations and, in particular—

(a) to apply the principles of ecologically sustainable development, and

(b) to protect, enhance and restore water sources, their associated ecosystems, ecological processes and biological diversity and their water quality, and

(c) to recognise and foster the significant social and economic benefits to the State that result from the sustainable and efficient use of water, including—

(i) benefits to the environment, and

(ii) benefits to urban communities, agriculture, fisheries, industry and recreation, and

(iii) benefits to culture and heritage, and

(iv) benefits to the Aboriginal people in relation to their spiritual, social, customary and economic use of land and water,

(d) to recognise the role of the community, as a partner with government, in resolving issues relating to the management of water sources,

(e) to provide for the orderly, efficient and equitable sharing of water from water sources,

(f) to integrate the management of water sources with the management of other aspects of the environment, including the land, its soil, its native vegetation and its native fauna,

(g) to encourage the sharing of responsibility for the sustainable and efficient use of water between the Government and water users,

(h) to encourage best practice in the management and use of water.

Interpretation

4 Interpretation

(1) Words and expressions that are defined in the Dictionary at the end of this Act have the meanings set out in that Dictionary.

(1A) A word or expression (not being a word or expression defined in the Dictionary to this Act) that is used in this Act and that is defined in the Real Property Act 1900 has the same meaning in this Act in relation to an access licence (or holding in an access licence) or dealing in such a licence (or holding) as it has in that Act in relation to land or an estate or interest in land.

(1B) Subsection (1A) applies except in so far as the context or subject-matter otherwise indicates or requires.

(2) Notes in the text of this Act do not form part of this Act.

s 4: Am 2004 No 39, Sch 3 [1].

Meaning of “overland flow water”

4A Meaning of “overland flow water”

(1) In this Act, overland flow water means water (including floodwater, rainfall run-off and urban stormwater) that is flowing over or lying on the ground as a result of—

(a) rain or any other kinds of precipitation, or

(b) rising to the surface from underground, or

(c) any other process or action of a kind prescribed by the regulations.

(2) Water is flowing over the ground for the purposes of subsection (1) even if it flows over the ground by means of artificial structures such as roads, canals or road gutters.

(3) However, subsection (1) does not include—

(a) water that is collected from a roof (including water collected from a roof using a rainwater tank), or

(b) water that is flowing over or lying on the bed of a river, lake or estuary, or

(c) water flowing over or lying on the ground in such circumstances as may be prescribed by the regulations.

s 4A: Ins 2014 No 48, Sch 1.1 [1].

Part 1

General

Part 1 General

Division 1

Water management principles

Division 1 Water management principles

Water management principles

5 Water management principles

(1) The principles set out in this section are the water management principles of this Act.

(2) Generally—

(a) water sources, floodplains and dependent ecosystems (including groundwater and wetlands) should be protected and restored and, where possible, land should not be degraded, and

(b) habitats, animals and plants that benefit from water or are potentially affected by managed activities should be protected and (in the case of habitats) restored, and

(c) the water quality of all water sources should be protected and, wherever possible, enhanced, and

(d) the cumulative impacts of water management licences and approvals and other activities on water sources and their dependent ecosystems, should be considered and minimised, and

(e) geographical and other features of Aboriginal significance should be protected, and

(f) geographical and other features of major cultural, heritage or spiritual significance should be protected, and

(g) the social and economic benefits to the community should be maximised, and

(h) the principles of adaptive management should be applied, which should be responsive to monitoring and improvements in understanding of ecological water requirements.

(3) In relation to water sharing—

(a) sharing of water from a water source must protect the water source and its dependent ecosystems, and

(b) sharing of water from a water source must protect basic landholder rights, and

(c) sharing or extraction of water under any other right must not prejudice the principles set out in paragraphs (a) and (b).

(4) In relation to water use—

(a) water use should avoid or minimise land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity and, where possible, land should be rehabilitated, and

(b) water use should be consistent with the maintenance of productivity of land in the long term and should maximise the social and economic benefits to the community, and

(c) the impacts of water use on other water users should be avoided or minimised.

(5) In relation to drainage management—

(a) drainage activities should avoid or minimise land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity and, where possible, land should be rehabilitated, and

(b) the impacts of drainage activities on other water users should be avoided or minimised.

(6) In relation to floodplain management—

(a) floodplain management must avoid or minimise land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity and, where possible, land must be rehabilitated, and

(b) the impacts of flood works on other water users should be avoided or minimised, and

(c) the existing and future risk to human life and property arising from occupation of floodplains must be minimised.

(7) In relation to controlled activities—

(a) the carrying out of controlled activities must avoid or minimise land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity and, where possible, land must be rehabilitated, and

(b) the impacts of the carrying out of controlled activities on other water users must be avoided or minimised.

(8) In relation to aquifer interference activities—

(a) the carrying out of aquifer interference activities must avoid or minimise land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity and, where possible, land must be rehabilitated, and

(b) the impacts of the carrying out of aquifer interference activities on other water users must be avoided or minimised.

s 5: Am 2002 No 138, Sch 4 [1] [2]; 2016 No 27, Sch 1.33 [1].

Division 2

State Water Management Outcomes Plan and water source classification

Division 2 State Water Management Outcomes Plan and water source classification

State Water Management Outcomes Plan

6 State Water Management Outcomes Plan

(1) The Governor may, by order published in the Gazette, establish a State Water Management Outcomes Plan for the development, conservation, management and control of the State’s water resources in furtherance of the objects of this Act.

(2) The objects of a State Water Management Outcomes Plan are as follows—

(a) to set the over-arching policy context, targets and strategic outcomes for the management of the State’s water sources, having regard to—

(i) relevant environmental, social and economic considerations, and

(ii) the results of any relevant monitoring programs,

(b) to promote the water management principles established by this Act,

(c) to give effect to any State government policy statement in relation to salinity strategies.

(3) The State Water Management Outcomes Plan must be consistent with—

(a) government obligations arising under any inter-governmental agreement to which the government is a party, such as the Murray-Darling Basin Agreement set out in Schedule 1 to the Water Act 2007 of the Commonwealth, and

(b) government obligations arising in connection with any international agreement to which the government of the Commonwealth is a party, and

(c) State government policy, including State government policy in relation to the environmental objectives for water quality and river flow.

(4) For the purposes of this section, State government policy includes such matters as are declared by the regulations to be State government policy.

(5) The regulations may make provision for or with respect to the public consultation procedures to be complied with in relation to the establishment or amendment of a State Water Management Outcomes Plan.

(6) A State Water Management Outcomes Plan has effect for the period of 5 years commencing on the date on which it is published in the Gazette.

s 6: Am 2008 No 69, Sch 1 [1]; 2016 No 27, Sch 1.33 [2].

Classification of water sources

7 Classification of water sources

(1) The Minister may, by order published in the Gazette, classify water sources for the purposes of this Act.

(2) Such an order may only be made with the concurrence of the Minister for the Environment.

(3) Water sources are to be classified as follows—

(a) as to the extent to which they are at risk (that is, the extent to which harm to the water source or its dependent ecosystems is likely to occur),

(b) as to the extent to which they are subject to stress (that is, the extent to which harm to the water source or its dependent ecosystems has occurred or is occurring),

(c) as to the extent of their conservation value (that is, the extent to which their intrinsic value merits protection from risk and stress).

(4) It is the intention of Parliament that, within 12 months after the date of assent to this Act—

(a) the water sources of the State be classified in accordance with this section, and

(b) bulk access regimes be established for such of those water sources as are classified high risk, high stress or high conservation value.

(5) A bulk access regime referred to in subsection (4) (b) is to be established by means of a Minister’s plan made, in the case of a water source that is within a water management area for which a management committee has been established, in consultation with that committee.

(6) A bulk access regime referred to in subsection (4) (b) has effect for 10 years from the date on which it is established, but may be varied under section 45 as if it had been established by a management plan, in which case section 87 applies accordingly.

(7) The regulations may prescribe rules in accordance with which water sources are to be classified for the purposes of this Act.

s 7: Am 2008 No 73, Sch 6 [1]; 2018 No 31, Sch 1 [1].

Environmental water

8 Environmental water

(1) For the purposes of this Act, environmental water comprises the following—

(a) water that is committed by management plans for fundamental ecosystem health or other specified environmental purposes, either generally or at specified times or in specified circumstances, and that cannot to the extent committed be taken or used for any other purpose (planned environmental water),

(b) water (licensed environmental water) that is—

(i) committed by an adaptive environmental water condition under section 8B, 8C, 8D or 63B, or

(ii) taken or permitted to be taken under a licence of an environmental subcategory, or

(iii) taken or permitted to be taken under a licence of a class prescribed by the regulations for the purposes of this paragraph.

(1A) A management plan is to commit water as planned environmental water in at least 2 of the following ways (whether by 2 separate ways or a combination of 2 ways)—

(a) by reference to the commitment of the physical presence of water in the water source,

(b) by reference to the long-term average annual commitment of water as planned environmental water,

(c) by reference to the water that is not committed after the commitments to basic landholder rights and for sharing and extraction under any other rights have been met.

(2) A management plan must contain provisions for the identification, establishment and maintenance of planned environmental water (environmental water rules). The environmental water rules relating to a water source do not need to specify that a minimum quantity of water is required to be present in the water source at all times.

(3) Environmental water rules are to be established for all of the water sources in the State as soon as practicable after the commencement of this section.

(4) (Repealed)

s 8: Subst 2004 No 39, Sch 1 [1]. Am 2005 No 118, Sch 1 [1]; 2010 No 133, Sch 2 [1] [2].

Planned environmental water

8A Planned environmental water

(1) The Minister may cancel any category or subcategory of licence prescribed by the regulations that is held by the Minister and commit an equivalent amount of water as determined in accordance with the management plan as planned environmental water for the water source to which the licence related.

(2) Planned environmental water committed under this section is to be used for only those purposes specified in the relevant management plan.

(3) Sections 78, 78A and 87 do not apply to the cancellation of an access licence under this section.

s 8A: Ins 2005 No 118, Sch 1 [2]. Am 2008 No 73, Sch 6 [2]; 2010 No 133, Sch 2 [3]; 2014 No 48, Sch 1.2 [1].

Adaptive environmental water through dedication of existing water entitlements

8B Adaptive environmental water through dedication of existing water entitlements

(1) The holder of an access licence may request that the Minister impose an adaptive environmental water condition in respect of the whole or a part of the access licence.

(2) A condition imposed under this section may be amended, and is to be revoked, by the Minister at the request in writing of the holder of the access licence, except as provided by the regulations.

s 8B: Ins 2005 No 118, Sch 1 [2]. Am 2010 No 133, Sch 2 [4] [5].

Adaptive environmental water through system improvements

8C Adaptive environmental water through system improvements

(1) The Minister may grant an access licence of a category or subcategory determined by the Minister to the Minister, Local Land Services or another public body, without the need for an application to be made for the licence in accordance with Part 2 of Chapter 3, so long as—

(a) works or other actions result in water savings in the system being made in the water source in respect of which the licence is granted, and

(b) the share component of the licence is equivalent to the value of water savings in the system made, and

(c) an adaptive environmental water condition is imposed on the licence.

(2) In this section, system means that part of a water source to which a management plan applies that is not identified by the plan for commitments to basic landholder rights and for sharing and extraction under any other rights.

s 8C: Ins 2005 No 118, Sch 1 [2]. Am 2010 No 133, Sch 2 [6]; 2013 No 51, Sch 7.53 [1].

Adaptive environmental water conditions after surrender of licences

8D Adaptive environmental water conditions after surrender of licences

(1) The Minister may keep an access licence surrendered by the holder of the licence or transfer it to Local Land Services or another public body, and may change the licence to a different category or subcategory, if—

(a) the share component of the licence is equivalent to the share component of the surrendered licence (subject to the application of any conversion factor prescribed by the access licence dealing principles or the regulations), and

(b) an adaptive environmental water condition is or has been imposed on the licence.

(2) The Minister may cancel an access licence surrendered by the holder of the licence and transfer the share component of the surrendered licence (subject to the application of any conversion factor prescribed by the access licence dealing principles or the regulations) to another licence if an adaptive environmental water condition is or has been imposed on the licence.

s 8D: Ins 2005 No 118, Sch 1 [2]. Subst 2010 No 133, Sch 2 [7]. Am 2013 No 51, Sch 7.53 [1].

General provisions relating to access licences with adaptive environmental water conditions

8E General provisions relating to access licences with adaptive environmental water conditions

(1) This section applies to access licences that are subject to an adaptive environmental water condition.

(2) For the purposes of this Act (but subject to section 8B (2)), an adaptive environmental water condition is a mandatory condition.

(3) The terms of an adaptive environmental water condition imposed in respect of an access licence are to further the objectives of the relevant management plan.

(4) If the adaptive environmental water condition on an access licence requires the water to be left in the water source for environmental purposes, then the water allocation account is to be debited when the water is available in accordance with the condition.

(5) If the adaptive environmental water condition requires the environmental water to be taken from the water source then the water allocation account is to be debited when it is taken.

(6) (Repealed)

(7) Before imposing an adaptive environmental water condition on an access licence, the Minister is to approve a plan for the implementation of the condition.

(8) The Minister is to ensure that the plan referred to in subsection (7), and a requirement to comply with the plan, forms part of the adaptive environmental water condition.

(9) An access licence to which this section applies, or a part of such a licence to which the adaptive environmental water condition concerned is expressed to relate, may be the subject of a dealing in accordance with this Act if the plan approved under subsection (7) so provides.

s 8E: Ins 2005 No 118, Sch 1 [2]. Am 2010 No 133, Sch 2 [8].

Auditing of compliance with extraction limits

8F Auditing of compliance with extraction limits

(1) This section applies for the purpose of auditing compliance with the long-term extraction limit (however expressed) under a management plan.

(2) The long-term extraction limit is taken to be varied by the amount of any change to the amount of water committed as licensed environmental water.

(3) The variation in the long-term extraction limit is to be determined in accordance with a methodology approved by the Minister and published in the Gazette.

(4) To avoid doubt, water savings in a system (within the meaning of section 8C) are not to be taken into account when determining the variation.

(5) Water committed as licensed environmental water is not to be accounted for as extraction.

s 8F: Ins 2010 No 133, Sch 2 [9].

Division 3

General

Division 3 General

Act to be administered in accordance with water management principles and State Water Management Outcomes Plan

9 Act to be administered in accordance with water management principles and State Water Management Outcomes Plan

(1) It is the duty of all persons exercising functions under this Act—

(a) to take all reasonable steps to do so in accordance with, and so as to promote, the water management principles of this Act, and

(b) as between the principles for water sharing set out in section 5 (3), to give priority to those principles in the order in which they are set out in that subsection.

(2) It is the duty of all persons involved in the administration of this Act to exercise their functions under this Act in a manner that gives effect to the State Water Management Outcomes Plan.

Review of work and activities of Department

10 Review of work and activities of Department

(1) The Minister is to ensure that the work and activities of the Department are reviewed at intervals of not more than 5 years for the purpose of determining whether they have been effective in giving effect to the water management principles of this Act and the State Water Management Outcomes Plan.

(2) The results of each review under this section are to be included in the relevant annual reporting information prepared for the Department under the Government Sector Finance Act 2018.

s 10: Am 2018 No 70, Sch 4.117[1].

Part 2

Management committees

Part 2 Management committees

Constitution of water management areas

11 Constitution of water management areas

(1) The Minister may, by order published in the Gazette, constitute any land as a water management area.

(2) An order under this section must name the area and fix its boundaries.

Establishment of management committees

12 Establishment of management committees

(1) The Minister may, by order published in the Gazette—

(a) establish a management committee to carry out a specific task in relation to water management in a water management area, and

(b) set terms of reference in accordance with which the committee is to carry out that task.

(2) The task for which a management committee is appointed may relate to any aspect of water management, including (without limitation) water sharing, water source protection, floodplain management and drainage management.

(3) At any time the Minister may, by order published in the Gazette, abolish a management committee, and may do so whether or not it has completed the task for which it was established.

(4) Nothing in this section prevents the establishment of two or more committees for the same water management area so long as they do not have overlapping functions.

Membership of committee

13 Membership of committee

(1) A management committee consists of at least 12, but not more than 20, members appointed by the Minister, of whom—

(a) at least two are to be persons appointed to represent the interests of environmental protection groups, and

(b) at least two are to be persons appointed to represent the interests of water user groups, and

(c) at least two are to be persons appointed to represent the interests of local councils, and

(d) at least one is to be a person nominated by Local Land Services, and

(e) at least two are to be Aboriginal persons appointed to represent the interests of Aboriginal persons, and

(f) at least one is to be a member of staff of the Department, and

(g) at least one is to be a person nominated by the Minister for the Environment, and

(h) such other persons as are appointed to represent such interests as the Minister considers require representation, and

(i) one is to be a person (not being a member of staff of the Department) who is appointed as an independent chairperson for the committee.

(2) The regulations may make provision with respect to qualifications for appointment as a member of a management committee.

(3) The members appointed as referred to in subsection (1) (a)–(e) should, as far as practicable, be persons who reside within the water management area for which the management committee is being constituted.

(4) Schedule 6 has effect with respect to the constitution and procedure of a management committee.

s 13: Am 2001 No 56, Sch 1.22 [1]; 2004 No 39, Sch 1 [2]; 2008 No 73, Sch 6 [1]; 2013 No 51, Sch 7.53 [2]; 2018 No 31, Sch 1 [1].

Functions of management committees

14 Functions of management committees

(1) The principal function of a management committee is to carry out the task for which it is appointed.

(2) The task for which a committee is appointed may include any one or more of the following—

(a) to prepare a draft management plan for the whole or any part of the management area or of the water sources in the area,

(b) to review a management plan that is in force in the water management area,

(c) to investigate such matters affecting the management of the water management area as the Minister refers to it for investigation,

(d) to report to the Minister on such matters affecting the management of the water management area as the Minister refers to it for report,

(e) to advise the Minister on such matters affecting the management of the water management area as the Minister refers to it for advice.

(3) It is the duty of a management committee to exercise its functions consistently with the principles of ecologically sustainable development.

s 14: Am 2004 No 39, Sch 1 [3] [4].

Part 3

Management plans

Part 3 Management plans

Preparation of draft management plan

15 Preparation of draft management plan

(1) The Minister may, by the order by which a management committee is established or by a subsequent order in writing—

(a) direct the committee to prepare a draft management plan, and review any related implementation program, on any aspect of water management, including (but not limited to)—

(i) water sharing, and

(ii) water source protection, and

(iii) drainage management, and

(iv) floodplain management, and

(b) set terms of reference in accordance with which such a plan is to be prepared.

(2) A management committee to which such an order is given is to prepare a draft management plan in accordance with the terms of reference specified in the order.

(3) If the management committee fails to prepare a draft management plan in accordance with its terms of reference, the Minister may make a Minister’s plan under section 50 in respect of the matter.

(4) (Repealed)

s 15: Am 2004 No 39, Sch 1 [5].

Management plans to be consistent with other instruments

16 Management plans to be consistent with other instruments

(1) A management plan must be consistent with—

(a) the State Water Management Outcomes Plan, and

(b) any State environmental planning policy under the Environmental Planning and Assessment Act 1979, and

(c) any protection of the environment policy under the Protection of the Environment Operations Act 1997, and

(d) any regulation under the Water NSW Act 2014 or the Googong Dam Catchment Area Act 1975, and

(e) State government policy, including State government policy in relation to the environmental objectives for water quality and river flow.

(2) For the purposes of this section, State government policy includes such matters as are declared by the regulations to be State government policy.

s 16: Am 2008 No 69, Sch 1 [1]; 2014 No 74, Sch 3.43 [1].

Provisions applicable to all management plans

17 Provisions applicable to all management plans

A management plan may, in respect of a water management area or water source to which it applies, contain the following kinds of provisions—

(a) provisions with respect to the preservation and enhancement of the quality of water,

(b) provisions with respect to the kinds of monitoring and reporting requirements that should be imposed as conditions of approvals,

(b1) provisions with respect to the advertisement of applications for approvals,

(c) provisions with respect to the conditions to which access licences and approvals are to be subject,

(d) provisions indicating the circumstances in which, the matters in respect of which and the extent to which the management plan may be amended by the Minister during the period for which it is in force,

(e) provisions with respect to such other matters as may be authorised by the regulations.

s 17: Am 2004 No 39, Sch 1 [6]–[8]; 2018 No 31, Sch 1 [2]; 2024 No 80, Sch 1[2].

Matters for consideration

18 Matters for consideration

(1) In formulating a draft management plan, the management committee must have due regard to the socio-economic impacts of the proposals considered for inclusion in the draft plan.

(1A) In formulating a draft management plan, the management committee must also have due regard to the provisions of any relevant local strategic plan under the Local Land Services Act 2013.

(2) Due regard may also be had, in the formulation of the plan’s proposals, to the effect within each water management area or water source to which the plan applies of activities occurring, or likely to occur, outside each such area or water source.

s 18: Am 2002 No 138, Sch 1 [1]; 2004 No 39, Sch 1 [9]; 2013 No 51, Sch 7.53 [3].

Application of Division

19 Application of Division

(1) This Division applies to the provisions of a management plan to the extent to which they deal with water sharing.

(2) The water sharing provisions of a management plan may apply to the whole or any part of a water management area, or to the whole or any part of one or more water sources within a water management area.

s 19: Am 2002 No 138, Sch 1 [2] [3].

Core provisions

20 Core provisions

(1) The water sharing provisions of a management plan for a water management area or water source must deal with the following matters—

(a) the establishment of environmental water rules for the area or water source,

(b) the identification of requirements for water within the area, or from the water source, to satisfy basic landholder rights,

(c) the identification of requirements for water for extraction under access licences,

(d) the establishment of access licence dealing rules for the area or water source,

(e) the establishment of a bulk access regime for the extraction of water under access licences, having regard to the rules referred to in paragraphs (a) and (d) and the requirements referred to in paragraphs (b) and (c).

(2) The bulk access regime referred to in subsection (1) (e)—

(a) must recognise and be consistent with any limits to the availability of water that are set (whether by the relevant management plan or otherwise) in relation to the water sources to which the regime relates, and

(b) must establish rules according to which access licences are to be granted and managed and available water determinations to be made, and

(c) must recognise the effect of climatic variability on the availability of water, and

(d) may establish rules with respect to the priorities according to which water allocations are to be adjusted as a consequence of any reduction in the availability of water, and

(e) may contain provisions with respect to the conditions that must (as mandatory conditions) be imposed on access licences under section 66 (1), including conditions providing for the variation, from time to time, of the share and extraction components of access licences, and

(f) must be consistent with the water management principles.

(3) The rules referred to in subsection (2) (d) must comply with the priorities established under section 58.

(4) The access licence dealing rules established under subsection (1) (d)—

(a) must comply with the access licence dealing principles, and

(b) must not deal with any matter for which the access licence dealing principles may make provision under section 71Z (2), and

(c) subject to paragraph (b) and the access licence dealing principles, may regulate or prohibit any dealing under Division 4 of Part 2 of Chapter 3.

s 20: Am 2002 No 138, Sch 1 [4]–[10]; 2003 No 40, Sch 2.30 [1]; 2004 No 39, Sch 1 [10]; 2005 No 118, Sch 1 [3] [4]; 2010 No 133, Sch 2 [10].

Additional provisions

21 Additional provisions

The water sharing planning provisions of a management plan for a water management area or water source may also deal with the following matters—

(a) the rates, times and circumstances under which water may be taken from any water source in the area, or the quantity of water that may be taken from any water source in the area or delivered through the area,

(b) the kinds of water supply works that may be constructed and used in the area,

(c) the operation of water accounts for the area or water source, such as the carrying over of credits from one accounting period to the next, the maximum credit that may be allowed to accumulate in any account and the withdrawal of water from any account by reason of evaporation or dam spill or in such other circumstances as may be prescribed by the regulations,

(d) water sharing measures for the protection and enhancement of the quality of water in the water sources in the area or for the restoration or rehabilitation of water sources or their dependent ecosystems,

(e) measures to give effect to the water management principles and the objects of this Act,

(e1) measures, not inconsistent with this Act, that are necessary because of requirements arising under the Water Act 2007 of the Commonwealth,

(f) such other matters as are prescribed by the regulations.

s 21: Am 2002 No 138, Sch 1 [4]; 2004 No 39, Sch 4 [1]; 2018 No 31, Sch 1 [3].

Application of Division

22 Application of Division

(1) This Division applies to the provisions of a management plan to the extent to which they deal with water use.

(2) The water use provisions of a management plan may apply to the whole or any part of a water management area.

s 22: Am 2002 No 138, Sch 1 [2] [11].

Core provisions

23 Core provisions

The water use provisions of a management plan for a water management area must deal with the following matters—

(a) the identification of existing and potential water use practices and related activities,

(b) the identification of those uses and activities which have adverse impacts, including cumulative impact, on water sources or their dependent ecosystems or on other water users,

(c) the identification of the occurrence of land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity within the area and any impacts on water sources.

Additional provisions

24 Additional provisions

The water use provisions of a management plan for a water management area may also deal with the following matters—

(a) best practice for water conservation, water efficiency and total water cycle management,

(b) prevention of off-site impacts of water use,

(c) requirements for the restoration or rehabilitation of land or water sources or their dependent ecosystems,

(d) protection of the habitats or pathways of animals and plants,

(e) the preservation and enhancement of the quality of water of the water sources in the area affected by water use and related practices,

(f) structural or operational modifications for existing works,

(g) other measures to give effect to the water management principles and the objects of this Act,

(h) such other matters as are prescribed by the regulations.

Division 4

Drainage management

Division 4 Drainage management

Application of Division

25 Application of Division

(1) This Division applies to the provisions of a management plan to the extent to which they deal with drainage management.

(2) The drainage management provisions of a management plan may apply to the whole or any part of a water management area.

s 25: Am 2002 No 138, Sch 1 [2] [12].

Core provisions

26 Core provisions

The drainage management provisions of a management plan for a water management area must deal with the following matters—

(a) the identification of the existing and natural hydrological regimes in the area,

(b) the identification of existing drainage works in the area and the way they are managed,

(c) the ecological impacts and impacts on water quality, including cumulative impacts, of the drainage works in the area.

Additional provisions

27 Additional provisions

The drainage management provisions of a management plan for a water management area may also deal with the following matters—

(a) proposals for the construction of new drainage works,

(b) the modification or removal of existing drainage works,

(c) restoration or rehabilitation of land, habitats, water sources or their dependent ecosystems,

(d) the preservation and enhancement of the quality of water of the water sources in the area affected by drainage management,

(e) other measures to give effect to the water management principles and the objects of this Act,

(f) such other matters as are prescribed by the regulations.

Division 5

Floodplain management

Division 5 Floodplain management

Application of Division

28 Application of Division

(1) This Division applies to the provisions of a management plan to the extent to which they deal with floodplain management.

(2) The floodplain management provisions of a management plan may apply to the whole or any part of a water management area.

s 28: Am 2002 No 138, Sch 1 [2] [13].

Core provisions

29 Core provisions

The floodplain management provisions of a management plan for a water management area must deal with the following matters—

(a) identification of the existing and natural flooding regimes in the area, in terms of the frequency, duration, nature and extent of flooding,

(b) the identification of the ecological benefits of flooding in the area, with particular regard to wetlands and other floodplain ecosystems and groundwater recharge,

(c) the identification of existing flood works in the area and the way they are managed, their benefits in terms of the protection they give to life and property, and their ecological impacts, including cumulative impacts,

(d) the risk to life and property from the effects of flooding.

Additional provisions

30 Additional provisions

The floodplain management provisions of a management plan for a water management area may also deal with the following matters—

(a) proposals for the construction of new flood works,

(b) the modification or removal of existing flood works,

(c) restoration or rehabilitation of land, water sources or their dependent ecosystems, in particular in relation to the following—

(i) the passage, flow and distribution of floodwater,

(ii) existing dominant floodways and exits from floodways,

(iii) rates of flow, floodwater levels and duration of inundation,

(iv) downstream water flows,

(v) natural flood regimes, including spatial and temporal variability,

(d) the control of activities that may affect or be affected by the frequency, duration, nature or extent of flooding within the water management area,

(e) the preservation and enhancement of the quality of water in the water sources in the area during and after flooding,

(f) other measures to give effect to the water management principles and the objects of this Act,

(g) such other matters as are prescribed by the regulations.

Division 6

Controlled activities and aquifer interference activities

Division 6 Controlled activities and aquifer interference activities

Application of Division

31 Application of Division

(1) This Division applies to the provisions of a management plan to the extent to which they deal with controlled activities and aquifer interference activities.

(2) The controlled activity and aquifer interference activity provisions of a management plan may apply to the whole or any part of a water management area.

s 31: Am 2002 No 138, Sch 1 [2] [14].

Core provisions

32 Core provisions

The controlled activity and aquifer interference activity planning provisions of a management plan for a water management area must deal with the following matters—

(a) identification of the nature of any controlled activities or aquifer interference causing impacts, including cumulative impacts, on water sources or their dependent ecosystems, and the extent of those impacts,

(b) specification of controlled activities or aquifer interferences which are to require controlled activity approvals or aquifer interference approvals in the area.

s 32: Am 2001 No 56, Sch 1.22 [2] (am 2001 No 112, Sch 2.33 [1]); 2002 No 138, Sch 1 [15].

Additional provisions

33 Additional provisions

The controlled activity and aquifer interference activity provisions of a management plan for a water management area may also deal with the following matters—

(a) the undertaking of work for the purpose of restoring or rehabilitating a water source or its dependent ecosystems,

(b) protecting, restoring or rehabilitating the habitats or pathways of animals and plants,

(c) specific controls on activities causing unacceptable impacts,

(d) the preservation and enhancement of the quality of water in the water sources in the area affected by controlled activities or aquifer interference,

(e) other measures to give effect to the water management principles and the objects of this Act,

(f) such other matters as are prescribed by the regulations.

s 33: Am 2001 No 56, Sch 1.22 [3].

Division 7

Environmental protection

Division 7 Environmental protection

Environmental protection provisions

34 Environmental protection provisions

(1) A management plan for a water management area, or any part of a water management area, may contain the following provisions (environmental protection provisions) in respect of any aspect of water management—

(a) provisions identifying zones in which development should be controlled in order to minimise any harm to water sources in the area or to minimise any threat to the floodplain management provisions of the plan,

(b) provisions identifying development that should be controlled in any such zone,

(c) provisions identifying the manner in which any such development should be controlled in any such zone,

(d) provisions to which State agencies and local authorities (including local councils) should be subject when taking action and making decisions concerning any such development,

(e) provisions requiring development consent to the carrying out of any such development,

(f) provisions requiring the Minister’s concurrence to the granting of any such development consent,

(g) provisions requiring the establishment of action plans to encourage the abandonment of existing uses that cause harm to water sources, and to encourage the carrying out of remedial measures to minimise or alleviate any harm already caused to water sources by the continuance of existing uses.

(2) In this section, control, development, development consent and existing use have the same meanings as they have in the Environmental Planning and Assessment Act 1979.

s 34: Am 2002 No 138, Sch 1 [16].

Division 8

Procedures for making management plans

Division 8 Procedures for making management plans

Format of management plan

35 Format of management plan

(1) A management plan must include the following components—

(a) a vision statement,

(b) objectives consistent with the vision statement,

(c) strategies for reaching those objectives,

(d) performance indicators to measure the success of those strategies.

(2) In the case of a water management area for which an equivalent management plan is already in force, the draft management plan may be in the form of—

(a) an amendment to the existing management plan, or

(b) a new plan to replace the existing management plan.

(3) Subject to subsections (1) and (2), the format of a management plan is to be as determined by the Minister.

Notification of certain persons and bodies

36 Notification of certain persons and bodies

(1) In preparing a draft management plan, the following information must be notified to each person or body referred to in subsection (2)—

(a) the general aims and objectives of the draft plan,

(b) a description of the water management area to which the draft plan is intended to apply,

(c) such other matters as the Minister thinks fit.

(2) The persons and bodies to be notified are as follows—

(a) each local council within whose area the water management area is located,

(b) Local Land Services,

(c) each holder of an access licence or approval in respect of land within the water management area,

(d) such other persons or bodies as the Minister may determine in relation to the plan.

(3) Failure to notify a person or body referred to in subsection (2) does not affect the validity of a management plan.

(4) A person to whom information is notified under this section may make written submissions to the Minister in relation to the preparation of the draft management plan within 28 days (or such longer period as may be determined by the Minister) after the information is notified.

s 36: Am 2003 No 104, Sch 5.5 [1]; 2013 No 51, Sch 7.53 [4].

Reference of draft management plan to Minister

37 Reference of draft management plan to Minister

(1) After a draft management plan has been prepared, including a draft management plan that has been referred back to it under this section, the management committee must submit the plan to the Minister.

(2) If the Minister is of the opinion that the draft plan does not comply with the requirements of this Part, the Minister is to refer the draft plan back to the management committee for further consideration.

(3) This section does not apply to a draft management plan prepared by the Minister.

Public exhibition of draft management plan

38 Public exhibition of draft management plan

(1) Once the Minister is satisfied that a draft management plan is suitable for public exhibition, the Minister—

(a) must give public notice of the draft plan, and

(b) must exhibit the draft plan (together with such other information as is appropriate or necessary to enable the draft plan and its implications to be understood) at the places, on the dates and during the times set out in the notice.

(2) The public notice referred to in subsection (1) (a)—

(a) must specify the places at which, the dates on which, and the times during which, the draft plan may be inspected by the public, and

(b) must specify a period of at least 40 days during which submissions may be made to the Minister in relation to the plan (the submission period), and

(c) must be published in the authorised manner.

(3) In the case of a draft management plan containing environmental protection provisions, the Minister must consult with the Minister for Urban Affairs and Planning before making a decision as to whether the plan is suitable for public exhibition.

s 38: Am 2008 No 73, Sch 5 [1]; 2018 No 31, Sch 1 [4].

Submissions on draft management plan

39 Submissions on draft management plan

(1) During the submission period, any person may make written submissions to the Minister on the draft management plan.

(2) The Minister must send a copy of each such submission to the management committee by which the plan was prepared.

(3) Subsection (2) does not apply to a draft management plan prepared by the Minister.

Resubmission of draft management plan to Minister

40 Resubmission of draft management plan to Minister

(1) As soon as practicable after completing its consideration of any submissions received by it, the management committee must resubmit the draft management plan to the Minister together with the committee’s comments on the submissions.

(2) Before making any alterations to the draft management plan, the Minister must consult with the management committee.

(3) This section does not apply to a draft management plan prepared by the Minister.

Making of management plan

41 Making of management plan

(1) After complying with the requirements of this Part, the Minister—

(a) may, by order published on the NSW legislation website, make a management plan in accordance with the draft plan, as finally submitted to the Minister, or

(b) may, by order published on the NSW legislation website, make a management plan in accordance with the draft plan, as finally submitted to the Minister, but with such alterations as the Minister thinks fit, or

(c) may cause the draft management plan to be re-exhibited (with such alterations as the Minister thinks fit) and resubmitted in accordance with this Part, or

(d) may decide not to proceed with the draft management plan.

(2) Before making a management plan, the Minister must obtain the concurrence of the Minister for the Environment to the making of the plan.

(3) A management plan commences on the date on which it is published on the NSW legislation website or on such later date as may be specified in the plan.

s 41: Am 2005 No 118, Sch 1 [5]; 2008 No 73, Sch 6 [1]; 2009 No 110, Sch 1 [1]; 2018 No 31, Sch 1 [1].

Amendment of management plans

42 Amendment of management plans

(1) A management plan may be amended by a subsequent management plan made in accordance with this Part.

(2) This section does not limit the operation of Division 9.

(3) Each management plan specified in Schedule 12 is amended as set out in that Schedule.

(4) The amendment of a management plan by this or any other Act does not prevent its later amendment or repeal in accordance with this Act.

s 42: Am 2004 No 39, Sch 1 [11]; 2005 No 118, Sch 1 [6].

Duration of management plans

43 Duration of management plans

(1) Subject to section 43A, a management plan has effect for—

(a) if the plan commenced on 1 July in any year—10 years commencing on that date, or

(b) in any other case—10 years commencing on 1 July next after the date the plan commenced.

(2) In the 5 years before its expiry, the Minister is to review each management plan (other than provisions dealing with water sharing) for the purpose of ascertaining whether its provisions remain adequate and appropriate for ensuring the effective implementation of the water management principles.

(3) Such a review is to be conducted in consultation with the Minister for the Environment and the Natural Resources Commission.

(4) A new management plan may be made in accordance with this Act to replace an earlier management plan. Any such replacement plan may contain provisions of a savings or transitional nature consequent on the replacement of the plan.

s 43: Am 2004 No 39, Sch 1 [12]–[15]; 2008 No 73, Sch 6 [1]; 2018 No 31, Sch 1 [5]; 2022 No 59, Sch 1.38[1] [2].

43A

Extension of duration of management plan dealing with water sharing

43A Extension of duration of management plan dealing with water sharing

(1) The Minister may, on the recommendation of the Natural Resources Commission and by notice published in the Gazette before its expiry under section 43 or this section, extend a management plan that deals with water sharing for a further period of 10 years after the plan was due to expire.

(2) More than one such extension of a management plan that deals with water sharing may be made.

(3) Before deciding whether to extend a management plan that deals with water sharing or to make a new management plan, the Minister is to consider a report of the Natural Resources Commission that reviews (within the previous 5 years) the following—

(a) the extent to which the water sharing provisions have materially contributed to the achievement of, or the failure to achieve, environmental, social and economic outcomes,

(b) whether changes to those provisions are warranted.

(3A) If a report of the Natural Resources Commission under subsection (3) recommends changes to a management plan that will result in a reduction of water allocations in relation to which compensation might be payable under section 87AA, the Commission is to state in the report whether the purpose of the proposed changes is—

(a) to restore water to the environment because of natural reductions in inflow to the relevant water source, including but not limited to changes resulting from climate change, drought or bushfires, or

(b) to provide additional water to the environment because of more accurate scientific knowledge that demonstrates that the amount previously allocated to the environment is inadequate.

(4) For the purposes of a report under subsection (3)—

(a) the Natural Resources Commission is to call for public submissions and to have regard to any duly received, and

(b) the Natural Resources Commission is to have regard to any other relevant State-wide and regional government policies or agreements that apply to the catchment management area.

(5) A report of the Natural Resources Commission under subsection (3) is to be made public after the decision of the Minister with respect to the extension of the management plan or on the expiration of 6 months after the report is received by the Minister, whichever first occurs.

(6) If the Minister decides not to extend a management plan under this section, the Minister may, by notice published in the Gazette, extend the existing management plan until the commencement of a replacement management plan or until the second anniversary of the date the plan would otherwise have expired, whichever first occurs.

s 43A: Ins 2004 No 39, Sch 1 [16]. Am 2005 No 118, Sch 1 [7] [8]; 2013 No 51, Sch 7.53 [5]; 2014 No 48, Sch 1.11 [1]; 2018 No 31, Sch 1 [5].

Periodic auditing of management plans

44 Periodic auditing of management plans

(1) The Minister is to ensure that a management plan is audited, within the first 5 years of the plan, for the purpose of ascertaining whether its provisions are being given effect to.

(2) An audit under this section is to be carried out by the Natural Resources Commission.

(3) In setting terms of reference for the preparation of a management plan to replace an existing management plan, the Minister must have regard to the results of the most recent audit conducted under this section in relation to the existing management plan.

s 44: Am 2018 No 31, Sch 1 [7] [8].

Division 9

Amendment of management plans by Minister

Division 9 Amendment of management plans by Minister

Minister may amend or repeal management plan

45 Minister may amend or repeal management plan

(1) The Minister may at any time, by order published on the NSW legislation website, amend a management plan—

(a) if satisfied it is in the public interest to do so, or

(b) in such circumstances, in relation to such matters and to such extent as the plan so provides, or

(c) if the amendment is required to give effect to a decision of the Land and Environment Court relating to the validity of the plan, or

(d) if satisfied that it is necessary to do so because of requirements arising under the Water Act 2007 of the Commonwealth.

(2) (Repealed)

(3) Before amending a management plan, the Minister must obtain the concurrence of the Minister for the Environment to the amendment.

(4) The date of commencement of a management plan may, but the duration of a management plan may not, be extended by an amendment of the plan under this section.

(5) The Minister may at any time, by order published on the NSW legislation website, repeal a management plan (other than a management plan that deals with water sharing).

(5A) The Minister may at any time, by order published on the NSW legislation website, repeal a management plan that deals with water sharing if satisfied that it is necessary to do so because of requirements arising under the Water Act 2007 of the Commonwealth.

(6) The amendment or repeal of a management plan under this section takes effect on the date the order is published on the NSW legislation website or on a later date specified in the order.

(7) An order under subsection (1) (a) varying a bulk access regime is not to be made in relation to a water management area for which a management committee for water sharing is constituted unless the Minister has consulted with the committee in relation to the proposed amendment.

(8) A provision of a management plan that authorises the amendment of the plan in accordance with section 42 (2) of this Act is to be construed as a reference to an amendment authorised by subsection (1) (b).

s 45: Am 2001 No 56, Sch 1.22 [4]. Subst 2004 No 39, Sch 1 [17]. Am 2005 No 118, Sch 1 [9]; 2008 No 73, Sch 6 [1]; 2009 No 110, Sch 1 [1]; 2018 No 31, Sch 1 [1] [9] [10].

45A

Consolidation of management plans

45A Consolidation of management plans

(1) The Minister may, by order published on NSW legislation website, consolidate 2 or more management plans by—

(a) repealing one or more management plans and amending another management plan to make provision with respect to the matters dealt with by the repealed plan or plans, or

(b) amending a management plan to make provision with respect to the matters dealt with by one or more other plans that have expired (or are to expire) by operation of section 43.

(2) A consolidated management plan may contain provisions of a savings or transitional nature consequent on the consolidation.

(3) The provisions of Division 9 (Compensation relating to access licences) of Part 2 of Chapter 3 in relation to the consolidation of management plans under this section have effect subject to the following—

(a) subject to paragraph (b), the consolidation of the management plans does not affect any right to compensation that the holder of an access licence would have had under section 87 or 87AA had the consolidation not occurred,

(b) the commencement of the 10-year period referred to in section 87AA (6) (b) in its application to an expired or repealed plan is to be calculated by reference to the 10-year period commencing on the date on which the expired or repealed plan was due to expire rather than the date on which the plan into which the provisions were consolidated ceases to be in force.

(4) Section 45 does not limit the circumstances in which the Minister may repeal or amend a management plan under this section (including a management plan that deals with water sharing).

s 45A: Ins 2014 No 48, Sch 1.11 [2].

Division 10

(Repealed)

ch 2, pt 3, div 10: Rep 2005 No 43, Sch 7.17.

Division 11

Miscellaneous

Division 11 Miscellaneous

Making or amendment of management plan

46 Making or amendment of management plan

(1) If the Minister makes a replacement management plan or amends a management plan and the replacement plan or amendment will result in a reduction of water allocations in relation to which compensation might be payable under section 87AA, the Minister is to include in the order in which the replacement plan or amendment is made, or in another order, a statement as to whether—

(a) the purpose of the reduction to water allocations is to restore water to the environment because of natural reductions in inflow to the relevant water source, including but not limited to changes resulting from climate change, drought or bushfires, or

(b) the purpose of the reduction to water allocations is to provide additional water to the environment because of more accurate scientific knowledge that demonstrates that the amount previously allocated to the environment is inadequate, but not if that purpose is also the purpose referred to in paragraph (d), or

(c) the reduction to water allocations results from a change in State government policy, or

(d) the purpose of the reduction to water allocations is to enable the replacement plan or amended plan, as the case may be, to be accredited under the Water Act 2007 of the Commonwealth.

(2) A statement referred to in subsection (1)—

(a) need not be made if the reduction concerned arises from circumstances referred to in section 87AA (3) (a) or (b), and

(b) in a case where the reduction is made for more than one of the purposes referred to in subsection (1), is to specify each of the relevant purposes and the extent to which the reduction relates to each of those relevant purposes.

s 46: Rep 2005 No 43, Sch 7.17. Ins 2005 No 118, Sch 1 [10]. Am 2008 No 69, Sch 1 [1]–[4].

Validity of management plans and exercise of plan-making functions

47 Validity of management plans and exercise of plan-making functions

(1) The validity of a management plan may not be challenged, reviewed, quashed or called into question before any court in any proceedings, other than before the Land and Environment Court in proceedings commenced within the judicial review period.

(2) The judicial review period in respect of a management plan is—

(a) the period of 3 months after the date the plan was published on the NSW legislation website, except as provided by paragraph (b), or

(b) in relation to a provision of the plan that was inserted by an amendment of the plan (other than an amendment under section 45 (1) (c)), the period of 3 months after the date that the amendment was published on the NSW legislation website.

A judicial review period does not arise as a result of the extension of the duration of a management plan.

(3) The judicial review period cannot be extended by the Land and Environment Court or any other court, despite any other Act or law.

(4) Without limiting subsection (1), the exercise by a designated person of any plan-making function may not be—

(a) challenged, reviewed, quashed or called into question before any court in any proceedings, or

(b) restrained, removed or otherwise affected by any proceedings,

other than before the Land and Environment Court in proceedings commenced within the judicial review period.

(5) The provisions of or made under this Act and the rules of natural justice (procedural fairness), so far as they apply to the exercise of any plan-making function, do not place on a designated person any obligation enforceable in a court (other than in the Land and Environment Court in proceedings commenced within the judicial review period).

(6) Accordingly, no court (other than the Land and Environment Court in proceedings commenced within the judicial review period) has jurisdiction or power to consider any question involving compliance or non-compliance, by a designated person, with those provisions or with those rules so far as they apply to the exercise of any plan-making function.

(7) This section is not to be construed as applying the rules of natural justice to the exercise of plan-making functions for the purposes of proceedings instituted within the judicial review period.

(8) In this section—

court includes any court of law or administrative review body.

designated person means the Minister, a management committee, the Secretary or any person or body assisting or otherwise associated with any of them.

exercise of functions includes the purported exercise of functions and the non-exercise or improper exercise of functions.

judicial review period—see subsection (2).

management plan includes purported management plan.

plan-making function means—

(a) a function under this Act relating to the making of a management plan (including relating to the amendment, replacement or repeal of a management plan or the extension of the duration of a management plan), or

(b) a function under section 46 of this Act relating to the statement of the purpose for which any provision of a management plan has been made.

proceedings includes—

(a) proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, and

(b) without limiting paragraph (a), proceedings in the exercise of the inherent jurisdiction of the Supreme Court or the jurisdiction conferred by section 23 of the Supreme Court Act 1970.

s 47: Subst 2004 No 39, Sch 1 [18]. Am 2005 No 118, Sch 1 [11]; 2009 No 110, Sch 1 [1]; 2015 No 58, Sch 3.94 [1].

Effect of management plans on exercise of Minister’s functions

48 Effect of management plans on exercise of Minister’s functions

When exercising functions under this Act, the Minister must take all reasonable steps to give effect to the provisions of any management plan and, in particular, to ensure that any environmental water rules established by the plan are observed.

Consideration of management plans by public authorities

49 Consideration of management plans by public authorities

(1) When exercising its functions, a public authority must have regard to the provisions of any management plan to the extent to which they apply to the public authority.

(2) For the purposes of this section, a management plan may be expressed so as to apply—

(a) to a specified public authority, to a specified class of public authorities or to public authorities generally, and

(b) to a specified function, to a specified class of functions or to functions generally.

(3) This section neither restricts a public authority’s statutory discretions nor authorises a public authority to do anything inconsistent with its statutory or other legal obligations.

49A

Suspension of management plans during severe water shortages

49A Suspension of management plans during severe water shortages

(1) If satisfied that there is a severe water shortage in relation to a particular water management area or water source, the Minister may, by order published in the Gazette, suspend the operation of any management plan, either in whole or in part, in relation to that or any other water management area or water source.

(2) Before suspending the operation of a management plan in relation to a water management area or water source, the Minister must obtain the concurrence of the Minister for the Environment.

(3) As soon as practicable after an order under this section is published in the Gazette, a copy of the order must be published in the authorised manner.

(4) An order under this section expires (unless sooner revoked) at the end of 30 June following the date on which it is made or, if made on or after 1 April in any year, at the end of 30 June of the following year.

(5) An order may not be made under this section or section 49B in relation to a management plan that has, at any time during the previous 12 months, been subject to a prior order under this section or section 49B unless the Minister is satisfied, for reasons specified in the order, that there is no need for the plan to be amended under Division 9.

s 49A: Ins 2008 No 73, Sch 6 [3]. Am 2018 No 31, Sch 1 [1] [4] [11] [12].

49B

Suspension of Basin management plans during extreme events

49B Suspension of Basin management plans during extreme events

(1) If satisfied that there is an extreme event in relation to a particular Basin management area or part of the Basin water resources, the Minister may, by order published in the Gazette, suspend the operation of any Basin management plan, either in whole or in part, in relation to that or any other Basin management area or water source or part of a water source that is part of the Basin water resources.

(2) Before suspending the operation of a Basin management plan in relation to a Basin management area or part of the Basin water resources, the Minister must obtain the concurrence of the Minister for the Environment.

(3) As soon as practicable after an order under this section is published in the Gazette, a copy of the order must be published—

(a) in the authorised manner, or

(b) on a publicly accessible website that, in the opinion of the Minister, is appropriate for the publication of orders of that kind.

(4) An order under this section expires (unless sooner revoked) at the end of 30 June following the date on which it is made or, if made on or after 1 April in any year, at the end of 30 June of the following year.

(5) An order may not be made under this section in relation to a Basin management plan that has, at any time during the previous 12 months, been subject to an order under this section or section 49A unless the Minister is satisfied, for reasons specified in the order, that there is no need for the plan to be amended under Division 9.

(6) Except as provided by subsection (5), this section does not prevent a Basin management area or part of the Basin water resources from being the subject of an order under section 49A.

s 49B: Ins 2018 No 31, Sch 1 [13].

Part 4

Minister’s plans

Part 4 Minister’s plans

Minister’s plan

50 Minister’s plan

(1) The Minister may, by order published on the NSW legislation website, make a plan (a Minister’s plan)—

(a) for any part of the State that is not within a water management area, or

(b) for any water management area or water source, or part of a water management area or water source, for which a management plan is not in force, or

(c) for any water management area or water source, or part of a water management area or water source, for which a management plan is in force, but only so as to deal with matters not dealt with by the management plan.

(1A) A Minister’s plan may be made for more than one water management area or water source or for parts of more than one water management area or water source.

(2) A Minister’s plan must in general terms deal with any matters that a management plan is required to deal with, and may also deal with any other matters that a management plan is authorised to deal with, other than matters that are already dealt with by a management plan.

(2A) Part 3 (except sections 15 and 36–41) applies to a Minister’s plan. However, the Minister—

(a) may adopt any of the provisions of sections 36–41 in a particular case, and

(b) may dispense with a particular requirement of Part 3 in the case of a Minister’s plan referred to in subsection (1A).

(3) Before making a Minister’s plan, the Minister must obtain the concurrence of the Minister for the Environment to the making of the plan.

(4) Except to the extent to which this Act otherwise provides, a Minister’s plan has the same effect as a management plan.

(5) The Minister may decide whether to make a Minister’s plan or a management plan in respect of any matter (whether or not any draft management plan has been submitted to the Minister).

s 50: Am 2002 No 138, Sch 1 [17]–[19]; 2004 No 39, Sch 1 [19]–[21]; 2008 No 73, Sch 6 [1]; 2009 No 110, Sch 1 [1]; 2018 No 31, Sch 1 [1].

Part 5

Implementation programs

Part 5 Implementation programs

Implementation programs

51 Implementation programs

(1) The Minister may, by order in writing, establish a program for implementing a management plan or Minister’s plan (an implementation program).

(2) Before establishing the first implementation program for a management plan, the Minister must consult with the management committee by which the plan was prepared.

(3) An implementation program must set out the means by which the Minister intends that the objectives of the relevant management plan or Minister’s plan are to be achieved.

(4) On establishing an implementation program, the Minister must ensure that—

(a) notice of that fact is published in the authorised manner to persons in the area to which the program relates, and

(b) copies of the program (as currently in force) are made available for inspection during normal office hours, free of charge, at suitable locations within the area.

(5) The Minister is to ensure that the implementation program is reviewed each year for the purpose of determining whether the implementation program is effective in implementing the management plan or Minister’s plan to which it relates.

(6) The results of each review under this section are to be included in the relevant annual reporting information prepared for the Department under the Government Sector Finance Act 2018.

s 51: Am 2008 No 73, Sch 5 [2]; 2018 No 31, Sch 1 [14]; 2018 No 70, Sch 4.117[2].

Domestic and stock rights

52 Domestic and stock rights

(1) Subject to subsection (2), an owner or occupier of a landholding is entitled, without the need for an access licence, water supply work approval or water use approval—

(a) to take water from any river, estuary or lake to which the land has frontage or from any aquifer underlying the land, and

(b) to construct and use a water supply work for that purpose, and

(c) to use the water so taken for domestic consumption and stock watering, but not for any other purpose.

(2) Subsection (1) does not allow a landholder—

(a) to take or use water in contravention of any mandatory guidelines established under section 336B, or

(b) to construct a dam or water bore without a water supply work approval, or

(c) in the case of the owner or occupier of a landholding arising from a subdivision effected on or after 1 July 2004, to take or use water in contravention of any prohibition or restriction imposed by or under the regulations (including any prohibition or restriction that the Minister is authorised by the regulations to impose), or

(d) to carry out a controlled activity without a controlled activity approval.

(3) In this section—

domestic consumption, in relation to land, means consumption for normal household purposes in domestic premises situated on the land.

stock watering, in relation to land, means the watering of stock animals being raised on the land, but does not include the use of water in connection with the raising of stock animals on an intensive commercial basis that are housed or kept in feedlots or buildings for all (or a substantial part) of the period during which the stock animals are being raised.

s 52: Am 2004 No 39, Sch 2 [1]–[3]; 2008 No 73, Sch 4 [1]; 2010 No 133, Sch 2 [11].

Harvestable rights

53 Harvestable rights

(1) An owner or occupier of a landholding within a harvestable rights area is entitled, without the need for any access licence, water supply work approval or water use approval, to do each of the following in accordance with the harvestable rights order by which the area is constituted—

(a) to construct and use one or more water supply works for the purpose of capturing and storing water of a kind specified by the harvestable rights order,

(b) to take and use that water.

(2) One or more water supply works may be constructed and used under subsection (1) (a) for the storage of both water that has been captured in exercise of a harvestable right and other water that has been lawfully taken from a water source if the capacity of the work or works does not exceed the maximum harvestable right volume specified by the harvestable rights order.

(3) The following provisions apply where the capacity of the water supply work or works by means of which water is to be captured or stored in exercise of a harvestable right exceeds the maximum harvestable right volume specified by the harvestable rights order for works constructed under the authority of this section—

(a) an access licence or water use approval is not required for water that is captured or stored by the work or works in exercise of a harvestable right,

(b) if water (other than water captured or stored in exercise of a harvestable right) is also captured or stored by the work or works—an access licence and water use approval is required to authorise the taking and use of water from that source for any volume taken and stored in excess of the maximum harvestable right volume unless the water is taken under the authority of a domestic and stock right or native title right,

(c) a water supply work approval for the water supply work or works is required despite subsection (1).

(4) Without limiting subsection (1), a single water supply work may be used by 2 or more landholders regardless of who constructed it if the shared use is permitted by the harvestable rights order.

(5) This section does not allow a landholder—

(a) to supply any other land with water that has been captured and stored in exercise of a harvestable right, or

(b) to construct or use a water supply work in a river unless the river is declared by the relevant harvestable rights order to be a minor stream for the purposes of this Division.

(6) In this section—

capture, in relation to a water supply work, includes pumping water for the purposes of storage in another water supply work.

s 53: Subst 2014 No 48, Sch 1.3 [1].

Harvestable rights orders

54 Harvestable rights orders

(1) The Minister, by order published on the NSW legislation website, may—

(a) constitute any land as a harvestable rights area, and

(b) name the area that is constituted, and

(c) fix the boundaries of the area that is constituted.

Note.

An order under this section may be amended or repealed by a subsequent order (see section 43 of the Interpretation Act 1987).

Editorial note.

For harvestable rights orders see Gazette No 110 of 1.7.2004, pp 5515, 5517 and Gazette No 40 of 31.3.2006, p 1628.

(2) The order by which a harvestable rights area is constituted must specify—

(a) the kinds of water (such as overland flow water) that may be captured and stored in the area in exercise of harvestable rights, and

(b) the method for calculating the maximum harvestable right volume for works constructed or used in exercise of harvestable rights on landholdings in the area by reference to a proportion (not being less than 10%) of the average regional overland flow waters for that area.

(3) Without limiting subsection (2) (b), the kinds of ways in which a maximum harvestable right volume for landholdings in a harvestable rights area may be expressed include by reference to the capacity of water supply works or volumetric limits.

(4) The order may also deal with the following matters—

(a) the types and locations of water supply works that may be used by a landholder to capture and store water,

(b) the means by which the maximum capacity of a water supply work that may be constructed or used by a landholder to capture and store water is to be calculated,

(c) the arrangements that may be made by landholders for the shared use of a water supply work that straddles their landholdings,

(d) the method for accounting for water that is captured or stored in the circumstances referred to in section 53 (3),

(e) the procedures to be followed for calculating the average overland flow water for a landholding in the area,

(f) rules about the purposes for which water may be captured, taken, stored or used,

(g) such other matters as are necessary or convenient to give effect to the order.

(5) For the purpose of calculating any matter under an order under this section, a reference in the order to an area of land is, in the case of a landholding, a reference to the area of the landholding.

(6) An order under this section may deal with any matter by reference to a map held by the Department.

(7) Any map that is referred to as provided by subsection (6) is to be available for public inspection, free of charge, by either or both of the following means—

(a) at the appropriate regional office of the Department for the area to which the relevant order relates, during normal office hours,

(b) on the website of the Department or any other website that the Minister considers to be readily accessible by members of the public.

s 54: Am 2009 No 110, Sch 1 [1]; 2012 No 42, Sch 1.27 [1] [2]. Subst 2014 No 48, Sch 1.3 [2].

Native title rights

55 Native title rights

(1) A native title holder is entitled, without the need for an access licence, water supply work approval or water use approval, to take and use water in the exercise of native title rights.

(2) This section does not authorise a native title holder—

(a) to construct a dam or water bore without a water supply work approval, or

(b) to construct or use a water supply work otherwise than on land that he or she owns.

(3) The maximum amount of water that can be taken or used by a native title holder in any one year for domestic and traditional purposes is the amount prescribed by the regulations.

55A

Application of Part

55A Application of Part

(1) This Part applies to—

(a) each part of the State or each water source, and

(b) each category or subcategory of access licence that relates to that part of the State or that water source,

that is declared by proclamation to be a part of the State or water source, and category or subcategory of access licence, to which this Part applies.

Editorial note.

For declarations proclaimed under this subsection see Gazettes No 110 of 1.7.2004, p 5004; No 120 of 29.9.2006, p 8440; No 127 of 27.10.2006, pp 8906, 8907; No 83 of 29.6.2007, p 3967; No 11 of 31.1.2008, p 213; No 76 of 27.6.2008, p 5871; No 93 of 26.6.2009, p 3581 and No 109 of 31.7.2009, p 4665, and proclamations published on the NSW legislation website: 2010 (342) LW 1.7.2010; 2010 (739) LW 17.12.2010; 2011 (152) LW 3.3.2011; 2011 (153) LW 3.3.2011; 2011 (521) LW 30.9.2011; 2011 (576) LW 11.11.2011; 2011 (677) LW 16.12.2011; 2012 (28) LW 27.1.2012; 2012 (135) LW 30.3.2012; 2012 (231) LW 1.6.2012; 2012 (352) LW 3.8.2012; 2012 (464) LW 14.9.2012; 2012 (496) LW 4.10.2012; 2016 (350) LW 24.6.2016; 2016 (600) LW 30.9.2016; 2019 (318) LW 5.7.2019 and 2020 (290) LW 19.6.2020. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality.

(2) Despite subsection (1), specified provisions of this Part may be declared by proclamation to apply to the whole of the State, and apply accordingly.

Editorial note.

See Gazette No 263 of 20.12.2002, p 10752 for proclamation applying section 71L (renumbered as section 71Z) to the whole of the State on and from 20 December 2002. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality.

(3) To avoid doubt, the repeal, replacement or amendment of a management plan so as to remove, add or change the description of a water source described in a proclamation made under this section does not affect the application of this Part to the water source as effected by a proclamation previously made under this Part.

s 55A: Ins 2002 No 138, Sch 2 [1]. Am 2004 No 39, Sch 4 [2]; 2018 No 31, Sch 1 [15]; 2020 No 30, Sch 1.48[1].

Access licences

56 Access licences

(1) An access licence entitles its holder—

(a) to specified shares in the available water within a specified water management area or from a specified water source (the share component), and

(b) to take water—

(i) at specified times, at specified rates or in specified circumstances, or in any combination of these, and

(ii) in specified areas or from specified locations,

(the extraction component).

(2) Without limiting subsection (1) (a), the share component of an access licence may be expressed—

(a) as a specified maximum volume over a specified period, or

(b) as a specified proportion of the available water, or

(c) as a specified proportion of the storage capacity of a specified dam or other storage work and a specified proportion of the inflow to that dam or work, or

(d) as a specified number of units.

(3) Shares in available water may be assigned generally or to specified categories of access licence.

(4) In the case of a local water utility licence, its share component is to be expressed as a specified volume per year.

(4A) Without limiting subsection (1) (b), the extraction component of an access licence may authorise the taking of water from a water source specified in the share component of the licence and from another water source not so specified if those water sources are vertically abutting (either wholly or partly) water sources.

(4B) In the circumstances referred to in subsection (4A), the water source specified in the share component of the access licence is to be the water source that is the main source for the extraction of water by the holder of the licence.

(5) For the purposes of this Act, an access licence may also be referred to as a water access licence or a WAL.

(6) (Repealed)

Note.

An access licence—

(a) does not confer a right on any person to use water for any particular purpose (that right is conferred by a water use approval), and

(b) does not confer a right on any person to construct or use a water supply work (that right is conferred by a water supply work approval).

s 56: Am 2002 No 138, Sch 2 [2]; 2004 No 39, Sch 4 [3]; 2004 No 91, Sch 1.42; 2005 No 118, Sch 1 [12].

Categories of licence

57 Categories of licence

(1) There are the following categories of access licences—

(a) regulated river (high security) access licences,

(b) regulated river (general security) access licences,

(c) regulated river (conveyance) access licences,

(d) unregulated river access licences,

(e) aquifer access licences,

(f) estuarine water access licences,

(g) coastal water access licences,

(h) supplementary water access licences,

(i) major utility access licences,

(j) local water utility access licences,

(k) domestic and stock access licences,

(k1) floodplain harvesting (regulated river) access licences,

(k2) floodplain harvesting (unregulated river) access licences,

(l) such other categories of access licence as may be prescribed by the regulations.

(2) Subcategories of any category of access licence may be prescribed by the regulations.

s 57: Am 2002 No 138, Sch 2 [3]. Subst 2004 No 39, Sch 4 [4]. Am 2014 No 48, Sch 1.13 [1].

57A

Special provisions relating to floodplain harvesting access licences

57A Special provisions relating to floodplain harvesting access licences

(1) The regulations may make provision for or with respect to the conversion of actual or proposed floodplain water usage by landholders into any of the following categories or subcategories of floodplain harvesting access licences (replacement floodplain harvesting access licences)—

(a) floodplain harvesting (regulated river) access licences,

(b) floodplain harvesting (unregulated river) access licences,

(c) any other categories or subcategories of floodplain harvesting access licences prescribed for the purposes of section 57 (1) (l) or (2).

(2) Without limiting subsection (1), the regulations may make provision for or with respect to the following—

(a) the circumstances in which actual or proposed floodplain water usage by landholders will give rise to replacement floodplain harvesting access licences,

(b) the terms and conditions of replacement floodplain harvesting access licences,

(c) the share components of replacement floodplain harvesting access licences (including the process for the determination of such share components),

(d) the determination of applications for approvals for flood works or other works (whether made under this Act or the Water Act 1912) in connection with floodplains in respect of which replacement floodplain harvesting access licences will arise,

(e) the establishment, functions and procedure of advisory committees to provide advice to the Minister on matters in connection with any scheme prescribed by the regulations for the creation of replacement floodplain harvesting access licences (including providing for the application of section 397 to the acts or omissions of such committees or their members).

(3) Regulations made for the purposes of this section have effect despite any provisions of this Act (including Schedule 10) that are specified by the regulations.

(4) A floodplain harvesting (regulated river) access licence, or other category or subcategory of floodplain harvesting access licence, that nominates a regulated river water source is taken to authorise the taking of water from the floodplain for the river and, accordingly, any water taken under that licence from that floodplain is to be treated as having been taken from the regulated river water source for the purposes of this Act or any management plan that applies to the river.

Note.

For example, the taking of water from a floodplain under a floodplain harvesting (regulated river) access licence otherwise than in accordance with the water allocation for the licence will be an offence under section 60C even though it was not directly taken from the regulated river to which the licence relates.

(5) In this section—

floodplain water usage by landholders means the taking or use of water by landholders (whether or not under an approval, licence or other authority) from land that is, or is to become, a floodplain.

Note.

The Dictionary defines floodplain to mean land declared by the regulations to be a floodplain.

s 57A: Ins 2014 No 48, Sch 1.13 [2].

Priorities between different categories of licence

58 Priorities between different categories of licence

(1) For the purposes of this Act, the following priorities are to be observed in relation to access licences—

(a) local water utility access licences, major utility access licences and domestic and stock access licences have priority over all other access licences,

(b) regulated river (high security) access licences have priority over all other access licences (other than those referred to in paragraph (a)),

(c) access licences (other than those referred to in paragraphs (a), (b) and (d)) have priority between themselves as prescribed by the regulations,

(d) supplementary water access licences have priority below all other licences.

(2) If one access licence (the higher priority licence) has priority over another access licence (the lower priority licence), then if the water allocations under them have to be diminished, the water allocations of the higher priority licence are to be diminished at a lesser rate than the water allocations of the lower priority licence.

(3) In relation to the water management area or water source to which it applies, a management plan may provide for different rules of priority to those established by subsection (1).

(4) If a management plan so provides for different rules of priority, those different rules are taken to have been established by this section.

s 58: Am 2002 No 138, Sch 2 [4]; 2005 No 118, Sch 1 [13].

Available water determinations

59 Available water determinations

(1) From time to time, the Minister may, by order in writing, make either or both of the following determinations (an available water determination)—

(a) a determination as to the availability of water for one or more categories or subcategories of access licences in relation to one or more specified water management areas or water sources,

(b) while an order is in force under section 49A (1) or 49B (1), a determination as to the availability of water for one or more individual access licences in relation to one or more specified water management areas or water sources.

(1A) An available water determination that is made in relation to a particular category of access licence applies to all subcategories of that category except to the extent to which it otherwise provides.

(2) The regulations may make provision for or with respect to the manner in which an available water determination is to be notified.

(3) If the extraction component of an access licence authorises the taking of water from a water source specified in the share component of the licence and from another water source not so specified and those water sources are vertically abutting (either wholly or partly) water sources, the available water determinations that apply to the licence are those made in relation to the water source specified in the share component of the licence.

(4) If the Minister consents to the amendment of an access licence to enable water to be taken by a nominated water supply work located in some other water management area or water source than that to which the licence relates, the available water determinations applicable to water taken by means of the work are those made in relation to the relevant category or subcategory of access licence in relation to that other water management area or water source.

s 59: Am 2002 No 138, Sch 2 [5]; 2004 No 39, Sch 5 [1] [2]; 2005 No 118, Sch 1 [14]; 2008 No 73, Schs 4 [2], 6 [4] [5]; 2009 No 56, Sch 1.44 [1]; 2018 No 31, Sch 1 [16].

Rules of distribution applicable to making of available water determinations

60 Rules of distribution applicable to making of available water determinations

(1) Except while an order under section 49A or 49B is in force, the following rules of distribution apply to the making of an available water determination of a type referred to in section 59 (1) (a)—

(a) the rules of priority established by section 58,

(b) the provisions of any relevant bulk access regime,

(c) the provisions of any relevant management plan,

(d) the provisions of any relevant implementation program.

(2) (Repealed)

(3) While an order under section 49A in relation to a water management area or water source is in force, the following rules of distribution apply to the making of an available water determination in relation to the water management area or water source—

(a) first priority is to be given to—

(i) the taking of water for domestic purposes by persons exercising basic landholder rights, and

(ii) the taking of water for domestic purposes or essential town services authorised by an access licence,

(b) second priority is to be given to the needs of the environment,

(c) third priority is to be given to—

(i) the taking of water for stock purposes by persons exercising basic landholder rights, and

(ii) in the case of regulated rivers, the taking of water for purposes (other than domestic purposes) authorised by a regulated river (high security) access licence, and

(iii) the taking of water for the purposes of supply of commercial and industrial activities authorised by a major utility access licence or local water utility access licence, subject to the water made available being in accordance with any drought management strategy established by the Minister for that purpose, and

(iv) the taking of water for the purposes of electricity generation authorised by a major utility access licence, and

(v) the taking of water for purposes authorised by a domestic and stock access licence or by persons exercising any other water rights in relation to stock, and

(vi) the taking of water for purposes authorised by a conveyance access licence in connection with the supply of water for any other purpose or need referred to in this paragraph,

(d) fourth priority is to be given to the taking of water for purposes authorised by any other category or subcategory of access licence.

(3A) While an order under section 49B in relation to a water management area or water source is in force, the following rules of distribution apply to the making of an available water determination in relation to the water management area or water source—

(a) first priority is to be given to meeting critical human water needs,

(b) second, third, fourth and fifth priorities are to be given to the matters set out in subsection (3) (a), (b), (c) and (d), respectively, to the extent that those matters are not critical human water needs.

(3B) In a case where orders under both sections 49A and 49B are in force in relation to the same water management area or water source, the rules set out in subsection (3A) prevail.

(3C) In this section—

critical human water needs means the needs for a minimum amount of water, that can only reasonably be provided from the Basin water resources, required to meet—

(a) core human consumption requirements in urban and rural areas, and

(b) those non-human consumption requirements that a failure to meet would cause prohibitively high social, economic or national security costs.

(4) Nothing in this section gives rise to a claim for compensation under Division 9.

s 60: Am 2001 No 56, Sch 1.22 [5]; 2004 No 39, Sch 5 [3] [4]; 2008 No 73, Sch 6 [6]–[9]; 2018 No 31, Sch 1 [17] [18]; 2025 No 48, Sch 1.12[1] [2].

Division 1A

Offences and contraventions

Division 1A Offences and contraventions

ch 3, pt 2, div 1A, hdg: Ins 2008 No 73, Sch 1 [1]. Am 2025 No 70, Sch 3[1].

ch 3, pt 2, div 1A: Ins 2008 No 73, Sch 1 [1].

60A

Taking water without, or otherwise than authorised by, an access licence

60A Taking water without, or otherwise than authorised by, an access licence

(1) A person—

(a) who takes water from a water source to which this Part applies, and

(b) who does not hold an access licence for the water source, and

(c) who intentionally or negligently takes the water without obtaining an access licence for the water source,

is guilty of an offence.

Tier 1 penalty.

(2) A person must not take water from a water source to which this part applies unless the person holds an access licence for the water source.

Maximum penalty—Tier 2 penalty.

Maximum civil penalty—Tier A civil penalty.

(3) A holder of an access licence—

(a) who takes water from a water source to which this Part applies otherwise than as authorised by the licence, and

(b) who intentionally or negligently takes the water without obtaining an access licence that authorises the taking of the water,

is guilty of an offence.

Tier 1 penalty.

(4) The holder of an access licence must not take water from a water source to which this part applies other than as authorised by the licence.

Maximum penalty—Tier 2 penalty.

Maximum civil penalty—Tier A civil penalty.

(5) Without limiting subsections (3) and (4), a person takes water otherwise than as authorised by an access licence if the person takes water while the licence is suspended.

(6) Without limiting subsections (3), (4) and (5), a person takes water otherwise than as authorised by a supplementary water access licence if the person takes water otherwise than in such circumstances as may be authorised by provisions of the relevant management plan made for the purposes of section 70.

(7) It is a defence to a prosecution, or proceedings for a contravention of a civil penalty provision, under this section in relation to the taking of water from a water source to which this Part applies if the accused person establishes that the water was taken—

(a) by means of a nominated water supply work for the water source, or

(b) by means of a water supply work that, at all material times, was nominated in relation to the interstate equivalent of an access licence,

and was otherwise taken in accordance with the terms and conditions of the access licence in connection with which it is nominated.

(8) The defence established by subsection (7) (b) is not available unless the Minister has been duly notified that the relevant water supply work has been nominated as referred to in that paragraph.

s 60A: Ins 2008 No 73, Sch 1 [1]. Am 2014 No 48, Sch 1.2 [2]; 2025 No 70, Sch 3[2]–[6].

60B

Contravention of terms and conditions of access licence

60B Contravention of terms and conditions of access licence

(1) A person who takes water under an access licence that is not held by the person must not contravene a term or condition of the licence.

Maximum penalty—Tier 2 penalty.

Maximum civil penalty—Tier C civil penalty.

(2) If a term or condition of an access licence is contravened, each holder of the access licence commits a contravention.

Maximum penalty—Tier 2 penalty.

Maximum civil penalty—Tier C civil penalty.

(3) It is a defence to a prosecution, or proceedings for a contravention of a civil penalty provision, under subsection (2) if the accused person establishes—

(a) that the contravention of the term or condition was caused by another person, and

(b) that the other person was not associated with the holder at the time the term or condition was contravened, and

(c) that the holder took all reasonable steps to prevent the contravention of the term or condition.

A person is associated with the holder for the purposes of this subsection (but without limiting any other circumstances of association) if the person is an employee, agent, licensee, contractor or sub-contractor of the holder.

s 60B: Ins 2008 No 73, Sch 1 [1]. Am 2010 No 133, Sch 2 [12] [13]; 2025 No 70, Sch 3[7] [8].

60C

Taking water for which there is no, or insufficient, water allocation

60C Taking water for which there is no, or insufficient, water allocation

(1) Offences involving allocations under a single access licence A person who takes water from a water source to which this Part applies otherwise than in accordance with the water allocation for the access licence by which the taking of water from the water source is authorised and—

(a) who intentionally or negligently fails to ascertain whether the taking of water is in accordance with the water allocation, or

(b) who knows or has reasonable cause to believe that the taking of the water is not in accordance with the water allocation,

is guilty of an offence.

Tier 1 penalty.

(2) A person must not take water from a water source to which this part applies other than in accordance with the water allocation for the access licence that authorises the taking of water.

Maximum penalty—Tier 2 penalty.

Maximum civil penalty—Tier A civil penalty.

(3) If a person who has the control or management of a water supply work takes water by means of that work in contravention of subsection (2), and the water supply work is nominated in relation to an access licence held by some other person, both persons are taken to have contravened that subsection.

(4) Either person referred to in subsection (3) may be proceeded against and convicted for an offence under subsection (2), as the case requires, whether or not the other person has been proceeded against or convicted for such an offence.

(5) Offences involving allocations under 2 or more access licences A holder of 2 or more access licences that nominate the same water supply work to take water from one or more water sources under this Part—

(a) who intentionally takes water by means of that work from the source or sources concerned in excess of the combined water allocations for the access licences, or

(b) who knows or has reasonable cause to believe that the taking of the water from the source or sources concerned is in excess of the combined water allocations for the access licences,

is guilty of an offence.

Tier 1 penalty.

(6) A holder of 2 or more access licences that nominate the same water supply work to take water from one or more water sources under this part must not take water by means of that work from the water source or sources in excess of the combined water allocations for the access licences.

Maximum penalty—Tier 2 penalty.

Maximum civil penalty—Tier A civil penalty.

(7) A holder of 2 or more access licences that authorise the holder to take water from the same water source under this Part—

(a) who intentionally takes water from the water source in excess of the combined water allocations for the access licences, or

(b) who knows or has reasonable cause to believe that the taking of the water from the water source is in excess of the combined water allocations for the access licences,

is guilty of an offence.

Tier 1 penalty.

(8) A holder of 2 or more access licences that authorise the holder to take water from the same water source under this part must not take water from the water source in excess of the combined water allocations for the access licences.

Maximum penalty—Tier 2 penalty.

Maximum civil penalty—Tier A civil penalty.

(9) If a person who has the control or management of a water supply work takes water by means of that work in contravention of subsection (6), and the water supply work is nominated in relation to an access licence held by some other person, both persons are taken to have contravened that subsection.

(10) Either person referred to in subsection (9) may be proceeded against and convicted for an offence under subsection (6), as the case requires, whether or not the other person has been proceeded against or convicted for such an offence.

s 60C: Ins 2008 No 73, Sch 1 [1]. Subst 2010 No 133, Sch 2 [14]. Am 2014 No 48, Sch 1.8 [1] [2]; 2025 No 70, Sch 3[2] [9]–[12].

60D

Taking water other than by or from water supply work or extraction point nominated in access licence

60D Taking water other than by or from water supply work or extraction point nominated in access licence

A person must not take water from a water source to which this part applies other than by a water supply work, or from an extraction point, nominated in an access licence.

Maximum penalty—Tier 2 penalty.

Maximum civil penalty—Tier C civil penalty.

s 60D: Ins 2008 No 73, Sch 1 [1]. Am 2014 No 48, Sch 1.8 [3]; 2017 No 22, Sch 1.32 [1]. Subst 2025 No 70, Sch 3[13].

60E

Liability of occupier of premises for certain contraventions

60E Liability of occupier of premises for certain contraventions

(1) The occupier of premises at or from which water is taken in contravention of a provision of this Division is taken to have contravened that provision unless it is established that—

(a) the water was taken by another person, and

(b) the other person was not associated with the occupier at the time the water was taken, and

(c) the occupier took all reasonable steps to prevent the water being taken.

A person is associated with the occupier for the purposes of paragraph (b) (but without limiting any other circumstances of association) if the person is an employee, agent, licensee, contractor or sub-contractor of the occupier.

(2) Subsection (1) does not prevent proceedings being taken under this Act against the person who actually committed the offence or contravened the civil penalty provision.

(3) In this section—

occupier, of premises, includes a person who has control or management of the premises.

s 60E: Ins 2008 No 73, Sch 1 [1]. Am 2025 No 70, Sch 3[14]–[16].

60F

General defence

60F General defence

(1) It is a defence to a prosecution under this Division in relation to a Tier 1 offence if the accused person establishes—

(a) that the commission of the offence was due to causes over which the person had no control, and

(b) that the person took reasonable precautions and exercised due diligence to prevent the commission of the offence.

(2) It is a defence to a prosecution, or proceedings for a contravention of a civil penalty provision, under this Division in relation to the taking of water from a water source to which this Part applies if the accused person establishes—

(a) that the water was taken pursuant to a basic landholder right or a consent given under section 71V, or

(a1) that the water was taken in circumstances for which provision is made in a management plan pursuant to section 85A(2), or

(b) that the person was exempt, pursuant to this Act or the regulations, from any requirement for an access licence in relation to the taking of water from the water source.

(3) This Division does not prevent a person from taking water pursuant to an entitlement in force under the Water Act 1912, where entitlement has the same meaning as it has in Schedule 10.

s 60F: Ins 2008 No 73, Sch 1 [1]. Am 2020 No 30, Sch 1.48[2] [3]; 2025 No 70, Sch 3[17] [18].

60G

Minister may charge for water illegally taken

60G Minister may charge for water illegally taken

(1) If satisfied on the balance of probabilities that a person has taken water from a water source to which this Part applies in contravention of this Division, the Minister may do either or both of the following—

(a) impose on the person a charge, including a penalty component, for the water taken,

(b) if the person holds an access licence—order that the water allocations credited, or to be credited, to the water allocation account for the licence be debited, including a penalty debit, for the water taken.

(2) Action under this section may not be taken against a person unless the Minister—

(a) has given written notice to the person that the Minister proposes to take such action, and

(b) has given the person 28 days, or the longer period determined by the Minister, to make submissions, and

(c) has taken any such submissions into consideration.

(3) A charge imposed by the Minister under subsection (1)(a) must be—

(a) no less than the value of the water taken, and

(b) no more than 5 times the value of the water taken.

(4) A debit ordered by the Minister under subsection (1)(b) must be for—

(a) no less than the volume of the water taken, and

(b) no more than 5 times the volume of the water taken.

(5) In taking action under this section for a contravention of this division, the Minister—

(a) may determine the volume of water taken in accordance with a prescribed methodology, and

(b) must determine the value of the water taken in accordance with a prescribed methodology, and

(c) must take the following matters into account—

(i) the harm or potential harm to other water users, or the environment, reasonably attributable to the contravention,

(ii) an estimate of the monetary benefit obtained by the person,

(iii) matters that aggravate or mitigate the contravention,

(iv) whether or not the person has admitted the contravention,

(v) whether the person has previously been found by a court to have engaged in similar conduct,

(vi) whether the person has previously received a penalty under this section,

(vii) the maximum amount that could be imposed by a court as a Tier 2 penalty for the contravention, not including an amount that could be imposed for a continuing offence,

(viii) matters prescribed by the regulations.

(6) When estimating a monetary benefit for subsection (5)(c)(ii), the Minister may take into account the matters the Land and Environment Court may take into account under section 353F(2).

(7) The Minister—

(a) may impose a charge or order a debit under this section whether or not a charge has been imposed on the person under section 91O for substantially the same conduct, and

(b) must not impose a charge or order a debit under this section if the person—

(i) has been found guilty of an offence for the same conduct, or

(ii) has been made the subject of a civil penalty order for the same conduct.

(8) A charge or debit under this section must be imposed within 3 years after the later of—

(a) the day the contravention occurred, or

(b) the day evidence of the contravention first came to the attention of an authorised officer.

Note.

See also section 11 (1) (e) of the Natural Resources Access Regulator Act 2017 and Schedule 2 to that Act.

s 60G: Ins 2008 No 73, Sch 1 [1]. Am 2009 No 56, Sch 1.44 [2] [3]; 2010 No 133, Sch 2 [15]; 2017 No 64, sec 19; 2018 No 31, Sch 1 [19]; 2025 No 70, Sch 3[19]–[21].

60H

Application of Division in relation to interstate licences

60H Application of Division in relation to interstate licences

In this Division, a reference to an access licence includes a reference to any licence of a similar nature (however described)—

(a) that is granted under the law of another State or Territory, and

(b) that is declared by the regulations to have the same effect as an access licence for the purposes of this Division.

s 60H: Ins 2008 No 73, Sch 1 [1].

60I

Access licence required for water used in mining activities

60I Access licence required for water used in mining activities

(1) A person who takes water in the course of carrying out a mining activity is, for the purposes of this Act, taking water from a water source.

(2) Without limiting the generality of subsection (1), a person takes water in the course of carrying out a mining activity if, as a result of or in connection with, the activity or a past mining activity carried out by the person, water is removed or diverted from a water source (whether or not water is returned to the water source) or water is re-located from one part of an aquifer to another part of an aquifer.

(3) To avoid doubt, a person who takes water in the course of carrying out a mining activity as referred to in subsection (2) is required to hold an access licence authorising the taking of the water.

(4) In this section—

mineral has the same meaning as it has in the Mining Act 1992.

mineral exploration means prospecting pursuant to an assessment lease, exploration licence, mineral claim, mining lease or opal prospecting licence under the Mining Act 1992.

mining means the winning or removal of materials by methods such as excavating, dredging, drilling or tunnelling for the purpose of obtaining minerals or petroleum, and includes—

(a) the construction, commissioning, operation and decommissioning of associated works, and

(b) the stockpiling, processing, treatment and transportation of materials extracted, and

(c) the rehabilitation of land affected by mining.

mining activity means any of the following—

(a) mining,

(b) mineral exploration,

(c) petroleum exploration.

petroleum has the same meaning as it has in the Petroleum (Onshore) Act 1991.

petroleum exploration means prospecting pursuant to a petroleum title under the Petroleum (Onshore) Act 1991.

(5) This section does not limit any other provision of this Act.

s 60I: Ins 2010 No 133, Sch 2 [16]. Am 2025 No 70, Sch 3[2].

Applications for granting of access licences

61 Applications for granting of access licences

(1) A person may apply to the Minister for an access licence if—

(a) the application is for a specific purpose access licence in circumstances where—

(i) the regulations provide, or a relevant management plan provides, that an application for the licence may be made, and

(ii) the application does not contravene any restriction on the making of such an application contained in a relevant management plan, or

(b) the application is for an access licence with a zero share component (as referred to in section 63 (5)), or

(c) the person has acquired the right to apply for the licence under section 65.

(2) (Repealed)

(3) In the case of an application under subsection (1) for an access licence—

(a) for water in an area that is not within a water management area, or

(b) for water in a water management area for which there is no water sharing management plan in force,

the Minister must cause the application to be advertised in accordance with the regulations.

(4) (Repealed)

(5) The Minister—

(a) may require an applicant for an access licence to provide additional information within a specified time if of the opinion that additional information would be relevant to consideration of the application, and

(b) may delay consideration of the application until the information is provided or, if the information is not provided within the time specified, may refuse to consider the application.

(6) The Minister may refuse to accept an application for an access licence if it appears to the Minister that the application is incomplete.

(7) An applicant for an access licence may, by notice in writing to the Minister, amend or withdraw the application for the access licence at any time before the application is determined.

s 61: Am 2001 No 56, Sch 1.22 [6]; 2002 No 138, Sch 2 [6]; 2004 No 39, Sch 4 [6] [7]; 2011 No 62, Sch 1.23 [1]; 2014 No 48, Sch 1.10 [1].

Objections to granting of access licences

62 Objections to granting of access licences

(1) Any person may, in accordance with the regulations, object to the granting of an access licence—

(a) for water in an area that is not within a water management area, or

(b) for water in a water management area for which there is no water sharing management plan in force.

(2) The Minister must inform the applicant for the access licence of the grounds of any objection to the granting of the licence and must allow the applicant a specified time within which to make a written response to the Minister in relation to the objection.

(3) The Minister—

(a) may require an objector or applicant to provide additional information within a specified time if of the opinion that additional information would be relevant to consideration of the objection or response, and

(b) may delay consideration of the objection or response until the information is provided or, if the information is not provided within the time specified, may refuse to consider the objection or response.

(4) If there is a deficiency in an objection or response, the Minister may notify the objector or applicant accordingly and allow further time to enable the deficiency to be rectified.

(5) Before making a decision on an application for an access licence in respect of which any objection has been made, the Minister must endeavour to resolve the issues raised by the objection by means of consultation with the applicant and the objector, with a view to reaching agreement on the matters raised by the objection.

(6) For the purpose of reaching such an agreement, the Minister may propose that the matters raised by the objection be dealt with by way of mediation or neutral evaluation involving an independent mediator or evaluator selected by agreement between the applicant, the objector and the Minister.

(7) An application or objection may be dismissed by the Minister if the applicant or objector, as the case may be, fails to participate in any mediation or neutral evaluation proceedings referred to in subsection (6).

Determination of applications

63 Determination of applications

(1) The Minister may determine an application for an access licence by granting or refusing to grant the licence.

(1A) An access licence may be granted unconditionally or subject to such conditions as are required or permitted to be imposed under Division 3.

(2) An access licence is not to be granted unless the Minister is satisfied that—

(a) the application has been made as provided by section 61 (1) (a), (b) or (c), and

(b) adequate arrangements are in force to ensure that no more than minimal harm will be done to any water source as a consequence of water being taken from the water source under the licence.

(3) Despite subsection (1)—

(a) a local water utility access licence may only be granted to a local water utility, and

(b) a major utility access licence may only be granted to a major utility.

(c) (Repealed)

(4) An access licence must specify—

(a) in relation to its share component, the water management area or water source to which it relates, and

(b) in relation to its extraction component, the times, rates or circumstances in which, and the areas or locations from which, water may be taken under the licence.

(5) An access licence may be issued with a zero share component or zero extraction component (or both) but, even if it is issued with a zero share component, must still specify the water management area or water source to which it relates.

(6) Two or more co-holders of an access licence granted under this section are taken to hold the access licence—

(a) as provided by the application for the access licence, or

(b) if the application makes no such provision, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between the tenants.

(7) An access licence is to be in such form as the Minister may determine.

(8)–(10) (Repealed)

s 63: Am 2002 No 138, Sch 2 [7]–[9]; 2004 No 39, Schs 3 [2] [3], 4 [8]; 2008 No 73, Sch 6 [10]; 2011 No 62, Sch 1.23 [2]; 2014 No 48, Sch 1.10 [2].

63A

Commonwealth and other access licences arising from arrangements

63A Commonwealth and other access licences arising from arrangements

(1) The Minister may grant an access licence to the Commonwealth, or a person nominated by the Commonwealth, at the Minister’s discretion, if the Minister is satisfied that—

(a) the licence is required in order to give effect to an agreement or other arrangement (including, but not limited to, a funding agreement or arrangement) entered into by or on behalf of the State, and

(b) the licence is to form part of the Commonwealth environmental water holdings within the meaning of the Water Act 2007 of the Commonwealth.

(2) Sections 61 and 63 (1) and (2) do not apply to an access licence granted under this section.

s 63A: Ins 2010 No 133, Sch 1 [1].

63B

Licences arising out of State arrangements or agreements

63B Licences arising out of State arrangements or agreements

(1) The Minister may grant an access licence to the State or a public authority prescribed by the regulations, at the Minister’s discretion, if the Minister is satisfied that the licence is required in order to give effect to an agreement or other arrangement (including, but not limited to, a funding agreement or arrangement) entered into by or on behalf of the State.

(2) A licence granted by the Minister under this section—

(a) may be granted subject to an adaptive environmental water condition, or

(b) may be a licence of an environmental subcategory, or

(c) may be for water taken or permitted to be taken under a licence of a class prescribed by the regulations for environmental purposes.

(3) Sections 61 and 63 (1) and (2) do not apply to an access licence granted under this section.

s 63B: Ins 2010 No 133, Sch 1 [1].

Notice of decision

64 Notice of decision

(1) After determining an application under this Division, the Minister must cause notice of the determination to be given to the applicant and, if the application relates to—

(a) an area that is not within a water management area, or

(b) a water management area for which there is no water sharing management plan in force,

to each person who has made an objection in connection with the application.

(2) (Repealed)

(3) A notification under subsection (1) must be given within 7 days of the determination.

s 64: Am 2002 No 138, Sch 2 [10]; 2004 No 39, Sch 3 [4].

Controlled allocation of access licences

65 Controlled allocation of access licences

(1) The Minister may, by order published in the Gazette, declare that the right to apply for an access licence for a specified water management area or water source is to be acquired by auction, tender or other means specified in the order.

(2) An order under this section—

(a) may relate to one or more particular access licences, or a particular class of access licences or all access licences, for a specified water management area or water source (or part of such an area or source), and

(b) may specify a limited period for which such an access licence is to have effect, and

(c) may set a minimum price for the acquisition of the right to apply for the access licence or licences concerned, and

(d) may set a fee for participation in the auction, tender or other means specified by the order with respect to the access licence or licences concerned.

(3) For the avoidance of doubt, the Independent Pricing and Regulatory Tribunal does not have jurisdiction under the Independent Pricing and Regulatory Tribunal Act 1992 to investigate or determine minimum prices for the purposes of this section.

(4) (Repealed)

s 65: Am 2002 No 138, Sch 2 [11]. Subst 2004 No 39, Sch 4 [9]. Am 2005 No 118, Sch 1 [15]; 2014 No 48, Sch 1.4 [1]–[3].

Conditions of access licence generally

66 Conditions of access licence generally

(1) An access licence is subject to such conditions as the Minister may from time to time impose—

(a) which must include such conditions as are required to be imposed on the licence by this Act or by any relevant management plan, and

(b) which may include such other conditions, such as—

(i) conditions to give effect to any agreement between an applicant and objector under section 62 (5), and

(ii) conditions relating to the protection of the environment,

as the Minister thinks fit (discretionary conditions).

(1AA) An access licence is subject to any mandatory conditions imposed by this Act or the regulations.

(1A) Mandatory conditions (other than conditions imposed by the regulations) do not have effect in relation to an access licence unless they are included in the terms of the licence.

(2) A mandatory condition prevails over a discretionary condition to the extent of any inconsistency between them.

Note.

If a management plan or Minister’s plan is replaced or amended during the term of an access licence, the mandatory conditions applying to the access licence may vary.

(2A) When granting a specific purpose access licence, the Minister is to impose a condition on the licence so as to ensure that the licence is used for the purpose for which it is granted. Such a condition may limit the operation of the licence to a particular location.

(3) At the end of each 5-year period, the Minister is to vary each local water utility licence so as to reflect any variation in population, together with any variation in associated commercial activities, that has occurred during that period in the area in which domestic water is supplied under the licence.

(3A) In subsection (3), associated commercial activities means activities within the following categories recognised in the Australian and New Zealand Standard Industry Classification (ANZSIC), 1993 edition (Australian Bureau of Statistics publication, Catalogue No 1292.0)—

(a) construction (category E),

(b) wholesale trade (category F),

(c) retail trade (category G),

(d) accommodation, cafes and restaurants (category H),

(e) communication services (category J),

(f) finance and insurance (category K),

(g) property and business services (category L),

(h) government administration and defence (category M),

(i) education (category N),

(j) health and community services (category O),

(k) cultural and recreational services (category P),

(l) personal and other services (category Q).

(4) On the application of a local water utility, the Minister may at any time increase the utility’s entitlement to water under a local water utility licence so as to reflect any rapid growth of population within the utility’s area requiring an immediate increase in the availability of water for supply by that utility.

(5) In this section, mandatory condition means a condition referred to in subsection (1) (a) or (1AA) or imposed under section 8E.

s 66: Am 2002 No 138, Sch 2 [12] [13]; 2004 No 39, Sch 4 [10] [11]; 2008 No 73, Sch 4 [3]; 2018 No 31, Sch 1 [20]–[23].

66A

Imposition of conditions on granting of access licence

66A Imposition of conditions on granting of access licence

A condition that is imposed when an access licence is granted takes effect on the day on which the licence takes effect.

s 66A: Ins 2014 No 48, Sch 1.10 [3].

Imposition of conditions after access licence is granted

67 Imposition of conditions after access licence is granted

(1) The Minister may impose discretionary conditions on an access licence after it has been granted, but only if the Minister—

(a) has given written notice to the holder of the access licence that the Minister proposes to impose such conditions, and

(b) has given the holder of the access licence a reasonable opportunity to make submissions to the Minister with respect to the proposed conditions, and

(c) has taken any such submissions into consideration.

(2) Subsection (1) does not apply to conditions imposed on an access licence—

(a) at the request of the holder of the access licence, or

(b) as a result of action taken under section 66 (3), or

(c) when the access licence is amended under section 68B, or

(d) in connection with a dealing under Division 4.

(3) Mandatory conditions referred to in section 66 (1) (a) of an access licence may be imposed, amended, revoked or suspended by the Minister whenever it is necessary to do so in order to enable compliance with or to give effect to this Act, the regulations or a relevant management plan.

(4) The Minister must cause written notice of any conditions imposed, amended, revoked or suspended under this section to be served on the holder of the access licence concerned.

(5) A condition imposed or a change referred to in subsection (4) takes effect on the day on which the notice referred to in that subsection is served on the holder of the access licence or on such later day as may be specified in the notice in that regard.

(6) The regulations may make provision for or with respect to the manner in which written notices may be given for the purposes of this section.

s 67: Am 2002 No 138, Sch 2 [14]–[16]; 2005 No 118, Sch 1 [16]; 2010 No 133, Sch 2 [17]–[19]; 2012 No 95, Sch 1.22 [3]. Subst 2014 No 48, Sch 1.10 [4]. Am 2018 No 31, Sch 1 [24].

Revocation of conditions

68 Revocation of conditions

The Minister may at any time revoke any discretionary conditions to which an access licence is subject, whether or not on the application of the holder of the access licence.

68A

Amendment of share or extraction components of access licences and other actions by Minister

68A Amendment of share or extraction components of access licences and other actions by Minister

(1) The Minister may amend the share component or extraction component of an access licence in accordance with this Act or the relevant management plan.

(1A) The Minister may amend the share component or extraction component (or both) of an access licence so as to alter the water management area or water source to which the share component of the licence relates, or the locations from which water may be taken in accordance with the extraction component of the licence.

(1B) An amendment may only be made under subsection (1A) if—

(a) the amendment is for the purpose of enabling the holder of the licence to take water from a different water source to that authorised by the licence because erroneous location data has resulted in the holder taking water from that different source, and

(b) at the time at which the granting of the access licence was recorded in the Access Register, an access licence could have been granted to the holder authorising the taking of water from that different water source.

(1C) The Minister may amend the share component of a specific purpose access licence.

(1D) An amendment may only be made under subsection (1C) if that part of the share component that is the subject of the amendment is no longer necessary for the purpose for which the specific purpose access licence was granted.

(1E) The Minister may amend an access licence by withdrawing the nomination of a specified water supply work as a work by means of or from which water may be taken under the licence, if the work is the subject of an approval that has expired or has been cancelled or surrendered.

(1F) The Minister may amend an access licence or approval under subsection (1C) or (1E) at the Minister’s discretion or at the request of the holder of the licence or approval.

(2) The Minister must cause written notice of an amendment of an access licence under this section to be served on the holder of the licence and any security holder in relation to the licence.

(3) An amendment under this section has no effect until it is recorded in the Access Register.

Note.

The holder of an access licence that is amended in accordance with this section may be entitled to compensation under section 87.

s 68A: Ins 2004 No 39, Sch 4 [12]. Am 2005 No 118, Sch 1 [17] [18]; 2008 No 73, Sch 6 [11]; 2018 No 31, Sch 1 [25]; 2022 No 59, Sch 1.38[3].

68B

Increase of share components of Commonwealth and other access licences arising from arrangements

68B Increase of share components of Commonwealth and other access licences arising from arrangements

(1) The Minister may amend an access licence held by the Commonwealth (or a person nominated by the Commonwealth), at the Minister’s discretion, by increasing the share component of the licence if the Minister is satisfied that—

(a) the amendment is required in order to give effect to an agreement or other arrangement (including, but not limited to, a funding agreement or arrangement) entered into by or on behalf of the State, and

(b) the licence forms part of the Commonwealth environmental water holdings within the meaning of the Water Act 2007 of the Commonwealth.

(2) The Minister may amend an access licence held by the State (or a public authority prescribed by the regulations), at the Minister’s discretion, by increasing the share component of the licence if—

(a) the Minister is satisfied that the amendment is required in order to give effect to an agreement or other arrangement (including, but not limited to, a funding agreement or arrangement) entered into by or on behalf of the State, and

(b) the licence—

(i) is subject to an adaptive environmental water condition, or

(ii) is of an environmental subcategory, or

(iii) is for water taken or permitted to be taken under a licence of a class prescribed by the regulations for environmental purposes.

s 68B: Ins 2012 No 95, Sch 1.22 [4].

Duration of access licence

69 Duration of access licence

An access licence ceases to be in force on the date that the cancellation of the licence is recorded in the Access Register.

s 69: Am 2002 No 138, Sch 2 [17]–[19]. Subst 2004 No 39, Sch 4 [13].

Special provisions with respect to supplementary water

70 Special provisions with respect to supplementary water

A management plan may make provision for or with respect to the circumstances in which the taking of water pursuant to supplementary water access licences is authorised within the whole or any part of a water management area or specified water sources.

s 70: Rep 2004 No 39, Sch 4 [13]. Ins 2008 No 73, Sch 4 [4]. Subst 2014 No 48, Sch 1.2 [3].

Division 3A

Water Access Licence Register

Division 3A Water Access Licence Register

ch 3, pt 2, div 3A: Ins 2004 No 39, Sch 3 [5].

ch.3-pt.2-div.3A-sdiv.1

Keeping of the Access Register

ch.3-pt.2-div.3A-sdiv.1 Keeping of the Access Register

Subdivision 1 Keeping of the Access Register

ch 3, pt 2, div 3A, sdiv 1, hdg: Ins 2004 No 39, Sch 3 [5]. Am 2008 No 73, Sch 6 [11].

ch 3, pt 2, div 3A, sdiv 1: Ins 2004 No 39, Sch 3 [5].

Water Access Licence Register

71 Water Access Licence Register

(1) The Minister is to keep a Water Access Licence Register for the purposes of this Act (the Access Register).

(2) In the Access Register, there is to be a division recording the matters specified in section 71A (1) (the General Division) and a division recording the matters specified in section 71A (2) (the Assignment Division).

(3) The Access Register is to be kept in the form and manner determined by the Minister.

(4) Without limiting subsection (3), the Access Register may be kept in the form of a computer record.

s 71: Rep 2002 No 138, Sch 2 [20]. Ins 2004 No 39, Sch 3 [5].

71A

Dealings and other matters that must be recorded in the Access Register

71A Dealings and other matters that must be recorded in the Access Register

(1) The following matters relating to an access licence (including a replacement access licence) or a holding in an access licence must be recorded in the General Division of the Access Register—

(a) Ministerial action in relation to the licence or holding,

(b) any general dealing in the licence or holding,

(c) any dealing on default in relation to the licence or holding,

(d) any caveat lodged in relation to the licence or holding,

(e) any security interest held over the licence or holding,

(f) any devolution of the licence or holding as referred to in section 72,

(g) any alteration in co-holder’s tenancy arrangements in relation to the licence or holding, as referred to in section 73,

(h) any other matter prescribed by the regulations.

(2) The following matters are to be recorded in the Assignment Division of the Access Register in such manner as the Minister considers appropriate—

(a) any assignment dealing in an access licence,

(b) any other matter prescribed by the regulations.

s 71A: Ins 2004 No 39, Sch 3 [5].

71B

When matters required to be recorded in General Division of Access Register have effect

71B When matters required to be recorded in General Division of Access Register have effect

(1) Subject to this section, any matter required to be recorded in the General Division of the Access Register—

(a) has no effect unless it is so recorded, and

(b) takes effect on being recorded.

(2) An assignment dealing in relation to an access licence takes effect when details of the assignment are entered in the water allocation account for the access licence.

(3) If an application for the extension of a term transfer under section 71N is received before the expiry of the term transfer, the extension is to be recorded in the Access Register as taking effect from the end of the current term of the term transfer.

s 71B: Ins 2004 No 39, Sch 3 [5]. Am 2005 No 118, Sch 1 [19] [20]; 2008 No 73, Sch 6 [11].

71C

Provisions with respect to registration of dealings, security interests, caveats and other matters in the Access Register

71C Provisions with respect to registration of dealings, security interests, caveats and other matters in the Access Register

Schedule 1A has effect.

s 71C: Ins 2004 No 39, Sch 3 [5].

ch.3-pt.2-div.3A-sdiv.2

Registration of security interests

ch.3-pt.2-div.3A-sdiv.2 Registration of security interests

Subdivision 2 Registration of security interests

ch 3, pt 2, div 3A, sdivs 2, 3 (ss 71D–71F): Ins 2004 No 39, Sch 3 [5].

71D

Creation of registered security interests by recording in Access Register

71D Creation of registered security interests by recording in Access Register

(1) A registered security interest over an access licence (or a holding in an access licence that is held as a tenancy in common) is created by—

(a) execution of an instrument in the approved form evidencing the existence of a security interest over the licence or holding, and

(b) registering the security interest by recording it in the Access Register in accordance with Part 1 of Schedule 1A.

Note.

A security interest has no effect until recorded in the Access Register—see sections 71A (1) (e) and 71B.

(2) Subsection (1) does not apply to—

(a) a specific purpose access licence, or

(b) a security interest referred to in clause 19 of Schedule 10.

Note.

Clause 19 of Schedule 10 makes provision for the registration of security interests in access licences arising from entitlements under former legislation.

(3) For the purposes of Chapter 7 of the Duties Act 1997—

(a) a registered security interest over an access licence or holding in an access licence is taken to be a security by way of mortgage or charge over property wholly or partly in New South Wales, and

(b) the liability date is the date on which the registered security interest is first recorded in the Access Register,

except as provided by the regulations.

ch 3, pt 2, div 3A, sdivs 2, 3 (ss 71D–71F): Ins 2004 No 39, Sch 3 [5].

ch.3-pt.2-div.3A-sdiv.3

Registration of caveats

ch.3-pt.2-div.3A-sdiv.3 Registration of caveats

Subdivision 3 Registration of caveats

ch 3, pt 2, div 3A, sdivs 2, 3 (ss 71D–71F): Ins 2004 No 39, Sch 3 [5].

More sections below

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

1 Name of Act

This Act is the Water Management Act 2000.

2 Commencement

(1) This Act commences on a day or days to be appointed by proclamation.

(2) Different days may be appointed for the commencement of a single provision of Schedule 7 or 8 for the purpose of commencing the repeals or amendments effected by the provision on different days.

(3) Schedule 13A commences on a day or days to be appointed by proclamation.

s 2: Am 2024 No 80, Sch 1[1].

3 Objects

The objects of this Act are to provide for the sustainable and integrated management of the water sources of the State for the benefit of both present and future generations and, in particular—

(a) to apply the principles of ecologically sustainable development, and

(b) to protect, enhance and restore water sources, their associated ecosystems, ecological processes and biological diversity and their water quality, and

(c) to recognise and foster the significant social and economic benefits to the State that result from the sustainable and efficient use of water, including—

(i) benefits to the environment, and

(ii) benefits to urban communities, agriculture, fisheries, industry and recreation, and

(iii) benefits to culture and heritage, and

(iv) benefits to the Aboriginal people in relation to their spiritual, social, customary and economic use of land and water,

(d) to recognise the role of the community, as a partner with government, in resolving issues relating to the management of water sources,

(e) to provide for the orderly, efficient and equitable sharing of water from water sources,

(f) to integrate the management of water sources with the management of other aspects of the environment, including the land, its soil, its native vegetation and its native fauna,