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Water Resources Act 2007
Sch 1Reviewable decisions
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Schedule 1 Reviewable decisions
(see pt 11)
column 1
item
column 2
section
column 3
decision
column 4
entity
1 24 amend water access
2 26 refuse to approve
transfer of whole or
part of water access
3 30 refuse to issue licence
to take water
4 31 impose condition on
licence to take water
5 35 refuse to issue driller’s
licence
6 36 impose condition on
driller’s licence
7 39 refuse to issue bore
work licence
8 40 impose condition on
bore work licence
9 44 refuse to issue
waterway work licence
10 45 impose condition on
waterway work licence
11 49 refuse to issue recharge
licence
12 50 impose condition on
recharge licence
13 53 refuse to renew licence applicant for renewal
Schedule 1 Reviewable decisions
column 1
item
column 2
section
column 3
decision
column 4
entity
14 55 impose condition on,
or amend existing
condition of, licence
licence holder
15 62 take disciplinary action
mentioned in s 61 (c),
(d), (e) or (f)
entitlement, water allocation
or licence
16 73 give direction to take
stated action to rectify
effect of unauthorised
activity
17 74 give direction to take
stated action to prevent
or rectify damage to
bed or banks of
waterway
18 75 give direction in
relation to unlicensed
taking of surface water
19 76 give direction in
relation to bore
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• director-general
• environment protection authority
• found guilty
• function
• home address
• infringement notice
• national capital authority
• national land
• public employee
• public servant
• reviewable decision notice
• territory plan.
aquifer means a geological formation or structure, or an artificial
landfill, permeated or capable of being permeated (whether
permanently or intermittently) with water.
authorised officer means an authorised officer under the
Environment Protection Act 1997, section 14 (3).
authority means the environment protection authority.
bore means a bore, hole, well, excavation or other opening in the
ground or an underground cavity (whether occurring naturally or
having been artificially constructed or modified)—
(a) that is used, or is capable of being used, to intercept or collect
ground water; or
(b) from which ground water is, or is capable of being, obtained or
used; or
(c) that is used, or is capable of being used, for the disposal of water
or waste below the surface of the ground; or
(d) that extends into an aquifer.
bore work means any of the following:
(a) drilling, constructing, altering, plugging, backfilling or sealing
off a bore;
(b) removing, replacing, altering, slotting or repairing the casing,
lining or screen of a bore;
(c) deepening a bore (in the course of construction or otherwise).
bore work licence means a licence under section 39.
commencement day means the day this Act commences.
connected with an offence, for part 10 (Enforcement)—see
section 78.
coordination group—see section 67A.
corresponding water access entitlement—see section 27.
disciplinary action—see section 61.
disciplinary notice—see section 62 (1).
driller’s licence means a licence under section 35.
engage in conduct means—
(a) do an act; or
(b) omit to do an act.
environmental flow guidelines means environmental flow guidelines
under section 12 (1).
environmental record, of a person, means the person’s
environmental record both in the ACT and elsewhere so far as it
relates to water, and includes any action taken in relation to the person
under—
(a) this Act or the repealed Act; or
(b) a licence issued under this Act or the repealed Act; or
(c) a law of the Commonwealth, a State or another Territory that
relates to water.
flow, in relation to surface water and ground water, includes the
discharge, release, escape or passage of the water.
ground, for disciplinary action—see section 60.
ground water—see section 9.
incorporated document means an instrument applied, adopted or
incorporated by a statutory instrument under this Act.
land includes a building or structure on land.
land sublease—see the Planning Act 2023, dictionary.
licence means a licence under this Act.
licence to take water means a licence under section 30.
occupier, of premises, for part 10 (Enforcement)—see section 78.
offence, for part 10 (Enforcement)—see section 78.
owner, of land, includes—
(a) the lessee of the land; or
(b) for land under a land sublease—the sublessee.
premises, for part 10 (Enforcement)—see section 78.
recharge licence means a licence under section 49.
register means the register under section 66.
repealed Act means the Water Resources Act 1998.
Note A reference to a repealed Act is a reference to the Act as in force
immediately before it was repealed (see Legislation Act, s 103).
reviewable decision, for part 11 (Notification and review of
decisions)—see section 94.
stock or domestic use of water by a person means 1 or more of the
following:
(a) use for the person, or the person’s family or employees, for
domestic purposes;
(b) use for drinking water for stock—
(i) not exceeding the number of stock normally depastured on
the relevant land having regard to seasonal fluctuations in
the carrying capacity of the land; and
(ii) not held in close concentration for a purpose other than
grazing;
(c) use for irrigating a garden, not larger than 2 hectares, that is for
domestic use and not for the sale, barter or exchange of goods
produced in the garden.
surface water—see section 8.
surviving allocation—see section 110.
take water—see section 11.
urban residential property means any of the following, within the
meaning of the territory plan, that has access to urban water supply:
(a) single dwelling housing;
(b) multi-unit housing;
(c) a boarding house;
(d) a guest house.
urban water supply means water supplied by a water utility, other
than treated sewage.
water means surface water or ground water, and includes water that
contains impurities.
water access entitlement—see section 19.
water management areas—see section 16 (1).
water structure—see section 41.
water utility means a utility licensed under the Utilities Act 2000 to
provide a water service.
waterway—see section 10.
waterway work—see section 41.
waterway work licence means a licence under section 44.
1 About the endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.