50Minister’s plan

50 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].