The Act organises around several recurring legal concepts; each matters for how authority, risk and compliance are distributed.

• Critical town or locality water supply (defined implicitly by s 5 and Schedule 1). The designation is statutory and site‑specific. Section 5(1) lists localities and s 5(2) allows the regulations to amend Schedule 1. The label is the trigger for special procedural and substantive rules elsewhere in the Act.
• Development control legislation (s 6). This is a defined term used to describe the ordinary web of statutory prohibitions and approvals (principally under the EP&A Act and similar Acts, excluding the Water Management Act 2000). Its effect is to identify which approval regimes may be overridden, modified or complemented by authorisation under this Act.
• Ministerial authorisation and Planning Secretary gateway (s 8). The Act sets a two‑stage administrative sequence. A public authority applies to the Planning Secretary with specified contents (s 8(2)-(3)). The Planning Secretary must consult relevant authorities, report and forward to the Minister (s 8(4)). The Minister then grants an authorisation (or not), with conditions (s 8(5), (7)-(8)). The Minister must obtain concurrence from the Minister for Biodiversity before granting authorisation (s 8(6)). The authorisation is the operative instrument that displaces ordinary planning controls where applicable.
• Exemption and reconferment (s 7 and s 20). Section 7 creates the exemption: development in Schedule 2 carried out by or on behalf of a public authority is exempt from development control legislation if the carrying out is the subject of an authorisation. Section 20 preserves a regulatory pathway to restore, in whole or part, the operation of the EP&A Act or other Acts in respect of exempted development: regulations may declare an authorisation to be a development consent or apply EP&A provisions with modifications (s 20(2)(a)-(b)).
• Integration with other environmental statutes (s 8(9)). An authorisation is taken to be a State significant infrastructure approval for specified statutory regimes: this has the effect of folding authorisations into the operation of the Biodiversity Conservation Act 2016 (Part 2), Fisheries Management Act 1994 (Part 7A) and Local Land Services Act 2013 (s 8(9)(a)-(c)). The regulations may extend that list (s 8(9)(d)).
• Regulatory modification of Water Management Act 2000 (s 11). Regulations may disapply or modify the Water Management Act and related instruments for critical supplies, including by giving the Minister under that Act a power to direct specified public authorities and requiring compliance (s 11(1)-(2)). Section 11(3) imposes concurrence/certification constraints before the Minister recommends such regulations.
• Interagency cooperation and compulsion (Parts 5 and s 14). Sections 12-15 create obligations to cooperate, notify and comply, and provide a ministerial pathway to resolve disputes that cannot be resolved by the public authorities themselves (s 12-15).
• Liability carve outs (ss 17-19). The Act denies compensation to private persons for acts or omissions that are “critical water supply‑related matters” done in good faith, subject to exceptions (s 17). It declares acts or omissions under the Act not to be nuisances (s 18). It protects persons acting under ministerial direction from personal liability if they acted in good faith, with liability instead attaching to the Crown (s 19).
• Temporality and regulatory discretion (s 21, s 20). The substantive powers are time limited (s 21) and subject to extensive regulation making that can extend, modify or revoke application and cross‑statutory interaction (s 20). The regulations also carry multiple specified concurrence obligations for the recommending Minister in several contexts (s 5(3), s 7(3), s 11(3), Schedule 4 cl 1(2)).

These core concepts frame the legal architecture: the Act substitutes ministerial authorisation for ordinary consents for a closed set of projects or locations, provides for regulatory calibration of other environmental laws, creates obligations of cooperation among public authorities, and reduces private civil remedies in respect of authorised activity.

The Act affects several identifiable groups and institutions; the effects are concentrated rather than universal.

• Public authorities proposing or executing works. The primary actors who will exercise or be subject to the Act are public authorities (a term defined by cross‑reference in s 3). Section 8 contemplates applications for authorisation by “the public authority proposing to carry out the development (or a person on behalf of the authority)” (s 8(2)). Section 7(1) makes Schedule 2 development exempt from development control legislation only when carried out by or on behalf of a public authority. Public authorities will therefore be the applicants, responsible authorities and implementers of the works.
• Ministers and the Planning Secretary. Decision rights sit with the Minister (ultimate authorising power, power to amend conditions, power to direct public authorities, s 8(5), (7), s 14), and administrative filtering is performed by the Planning Secretary (application receipt, consultation, report forwarding, s 8(2)-(4)). The Minister for Biodiversity has a specific concurrence role under several provisions (s 5(3), s 7(3), s 8(6), s 11(3), Schedule 4 cl 1(2)).
• Local councils. Councils are excluded from normal approval requirements where authorisation exists (s 9(2)). The Minister may provide a copy of the authorisation to the local council (s 10(1)); if provided, planning certificates must include advice about the authorisation (s 10(2)). Councils also remain public authorities with obligations under s 12 to co‑operate and notify responsible authorities of acts that may adversely affect those functions.
• Landholders and local communities in affected localities. Those residing in declared localities listed in s 5 and Schedule 1, and those with interests in land in areas where development described in Schedule 2 (or in Schedule 3 declared infrastructure projects) will be carried out, are directly affected by development, but the Act limits private legal remedies for many consequences (ss 17-19). The Act does not itself provide compensation for property or economic loss arising from “critical water supply‑related matters” carried out in good faith (s 17(1)-(2)). Public notification conditions may be imposed by the Minister (s 8(8)(e)), but the Act does not create a mandatory public consultation process beyond what the Minister may require when authorising.
• Private contractors and service providers. The Act contemplates work carried out “on behalf of” public authorities (s 7(1), s 8(2)), so private contractors can be engaged to perform works, but the carrying out of such development remains undertaken by or on behalf of a public authority and the authorisation mechanics and protections apply accordingly. Private entities are not the primary approval applicants under the Act.
• Environmental statutory officers and agencies. By deeming authorisations to be State significant infrastructure approvals for some environmental regimes (s 8(9)) and by enabling regulations to modify operation of the Water Management Act (s 11), the Act affects how environmental regulators will process and supervise impacts on threatened species, fisheries and local land services functions.
• The Crown. Sections 17-19 shift certain liabilities away from individual officers and place risk of liability with the Crown, by denying compensation in specified circumstances (s 17(1)) and making personal liability for officers acting under direction a Crown liability instead (s 19(2)).

Who pays: the Act does not specify funding sources. It allocates decision rights and directs who must comply, but it leaves funding, procurement and delivery responsibility to the public authority that undertakes the development. The Act narrows private legal recourse in ways that affect the distribution of financial risk and may shift some burdens to affected parties rather than to the State, subject to the exclusions and exceptions in ss 17-19.

The Act creates specific statutory duties, confers rights to expedite development, and sets procedural constraints. The text allocates duties mainly to public authorities, Ministers and the Planning Secretary.

• Duties to apply and provide information when seeking authorisation. A public authority (or a person on its behalf) seeking authorisation must apply in writing to the Planning Secretary and include: a description of the proposed development; a description of the land; commencement and anticipated completion dates; measures to avoid, minimise or offset environmental or other impacts; and any further information required by regulations or the Planning Secretary (s 8(2)-(3)). This is the baseline duty prior to ministerial decision making.
• Duty to consult and report. The Planning Secretary must consult with relevant public authorities, have regard to issues raised, and forward the application with a report to the Minister (s 8(4)). The Act requires consultation before regulations alter Schedule 2, listing specific Ministers to be consulted (s 7(3)(a)), and requires concurrence of the Biodiversity Minister before certain actions (s 5(3), s 7(3)(b), s 11(3), Schedule 4 cl 1(2)).
• Ministerial powers and conditional rights. The Minister has the power to authorise a specified public authority to carry out the development and to attach any conditions (s 8(5), (8)). The Minister can amend or revoke conditions before development has been carried out (s 8(7)). The Minister also has the power to direct public authorities to comply with conditions (s 8(10)-(11)) and to direct prescribed public authorities to comply with requests or directions of a responsible authority (s 14(1)), subject to concurrence requirements (s 14(2)).
• Obligations of co‑operation and notification among public authorities. Section 12 imposes an obligation on all public authorities to cooperate with the responsible authority and to comply with reasonable information requests and to notify the responsible authority of any proposed exercise of functions that may adversely impact the responsible authority’s functions (s 12(a)-(b)).
• Powers to enter into agreements and exercise functions to comply. Section 13 authorises public authorities to exercise functions in order to comply with a request, direction or decision made under the Act and to enter into agreements with other public authorities and do anything necessary to effect such agreements (s 13(a)-(b)).
• Rights concerning the EP&A Act. Section 9 creates a right embedded in statute that an environmental planning instrument cannot prohibit or require development consent for development that is the subject of a Ministerial authorisation under this Part (s 9(2)). Division 5.1 of the EP&A Act does not apply (s 9(3)) and development control orders do not operate to the extent they prevent or interfere with the carrying out of the development (s 9(4)). The effect is an explicit statutory override of ordinary planning constraints in respect of authorised activity.
• Rights related to environmental approvals. An authorisation is taken to be a State significant infrastructure approval for certain statutory purposes under other Acts, which has the practical effect of fitting authorisations into related environmental approval regimes (s 8(9)).
• Limitations on private remedies and personal liability. Important procedural and substantive consequences arise from ss 17-19. Section 17 denies compensation payable by the State, public authorities, local councils or their officers for acts or omissions that are “critical water supply‑related matters” done in good faith, but does not apply to personal injury or death (s 17(1)-(3)). Section 18 provides that anything done or omitted under the Act or pursuant to the Act does not constitute a nuisance (s 18(1)). Section 19 protects persons acting under the direction of the Minister or Planning Secretary from personal liability where done in good faith; liability instead attaches to the Crown (s 19(1)-(2)).
• Delegations and subdelegations. The Minister and Planning Secretary may delegate the exercise of any function under the Act except the delegation power itself, to departmental employees or persons authorised by regulation (s 16(1)). The Planning Secretary may subdelegate functions delegated to them, if authorised by the Minister (s 16(2)).

These duties and rights reconfigure routine planning and environmental procedures for specified projects, centralise decision making in Ministers and the Planning Secretary, and constrain private legal remedies in relation to acts or omissions made under the Act.

The Act itself contains no new criminal penalties or fines for non‑compliance in the text provided. Instead, enforcement mechanisms are administrative and contractual, combined with directive powers, dispute resolution procedures and liability reallocations. The Act relies on administrative compulsion and civil immunities rather than penal sanctions.

• Ministerial directions and compliance obligations. The Minister may direct a public authority to comply with the conditions of an authorisation (s 8(10)). Before giving such a direction, the Minister must obtain the concurrence of the Minister responsible for the public authority concerned (s 8(11)). The Minister may also, by written notice to a prescribed public authority, direct the authority to comply with a request, direction or decision of the responsible authority (s 14(1)); again, concurrence of the Minister responsible for that prescribed authority is required before issuing the direction (s 14(2)). Compliance with ministerial directions is therefore the primary enforcement mechanism.
• Dispute resolution escalations. Where public authorities cannot resolve disputes after reasonable efforts, either party may request a review by the responsible Ministers (the Minister responsible for the authority and the Minister responsible for the public authority concerned) (s 15(1)). If unresolved, the matter is referred to the Premier (s 15(3)). Decisions by responsible Ministers or the Premier are binding on the parties: the authority and the public authority must give effect to any decision in resolution of the dispute (s 15(4)). These provisions channel enforcement into executive political resolution rather than judicial or criminal sanction.
• Contractual and administrative avenues. Section 13 authorises public authorities to enter into agreements and to do whatever is necessary or expedient to carry agreements into effect (s 13(b)). Contractual mechanisms between public authorities and contractors, procurement controls and standard public sector oversight remain relevant enforcement levers for ensuring compliance with authorisation conditions.
• Indirect enforcement via regulatory instruments. The regulations may disapply or modify provisions of the Water Management Act 2000 (s 11) and may restore or modify the operation of the EP&A Act and other statutes in relation to development exempted by this Act (s 20). These regulatory powers can be used to impose obligations or consequences on relevant parties, subject to the statutory rules for making regulations, including required concurrences (s 11(3), s 20(1)-(2)).
• No statutory civil penalties; private enforcement constrained. The Act contains no civil penalty scheme or criminal offences for breach of its substantive authorisation provisions. In parallel, ss 17-19 limit private civil claims: compensation is not payable by the State or public authorities for acts or omissions that are critical water supply‑related matters done in good faith (s 17(1)-(2)), nuisance actions are excluded for anything done or omitted under the Act (s 18(1)), and personal liability for persons acting under direction is negated where they acted in good faith (s 19(1)). These provisions reduce the scope for private enforcement through tort claims, and shift enforcement toward public administrative and contractual remedies.
• Administrative review and transparency requirements. The Act gives the Minister discretion to require specified environmental assessment, reporting and public notification as conditions of authorisation (s 8(8)(b)-(d), (e)). Those conditions, enforced administratively, are the primary means by which the decision maker can require compliance and monitor delivery.

In short, the Act substitutes administrative direction, contractual mechanisms and executive dispute resolution for the ordinary suite of statutory sanctions and private civil remedies; it relies on ministerial control and interagency obligations to enforce compliance rather than new penal provisions.

The Act is designed to create a tailored intersection with several statutes principally by displacing, modifying or declaring equivalence with provisions in other legislation.

• Environmental Planning and Assessment Act 1979. The Act expressly overrides certain EP&A Act mechanisms for development subject to a Ministerial authorisation under Part 3. Section 9(2) states that an environmental planning instrument cannot prohibit, require development consent for or otherwise restrict the carrying out of the development that is the subject of a Ministerial authorisation. Division 5.1 of the EP&A Act does not apply to the carrying out of the development (s 9(3)). Development control orders do not operate to the extent they prevent or interfere (s 9(4)). The Act also notes that exclusion of development consent excludes any requirement for development contributions under the EP&A Act. However, section 20 allows regulations to restore, with modifications, the operation of the EP&A Act in relation to development exempted under this Act, and may declare an authorisation to be a development consent and apply EP&A provisions to such consent (s 20(2)(a)-(b)). That creates a two‑way interaction: Part 3 can displace EP&A Act requirements, but regulations may reinstate them as modified.
• Biodiversity Conservation Act 2016. The Act builds in a gatekeeper role for the Minister administering the Biodiversity Conservation Act. The Minister must obtain the concurrence of that Minister before certain regulatory changes or authorisations are recommended or given (s 5(3), s 7(3)(b), s 8(6), s 11(3), Schedule 4 cl 1(2)). Additionally, an authorisation is taken to be a State significant infrastructure approval under Division 5.2 of the EP&A Act for the purposes of Part 2 of the Biodiversity Conservation Act 2016 with respect to threatened species (s 8(9)(a)). The practical effect is to fold authorisations into threatened species processes, subject to the statutory cross references.
• Fisheries Management Act 1994. Section 8(9)(b) declares that an authorisation is taken to be a State significant infrastructure approval for Part 7A of the Fisheries Management Act 1994. This aligns authorisations with statutory procedures for fisheries impacts that apply to State significant infrastructure.
• Water Management Act 2000. Part 4 and section 11 enable the regulations to disapply or modify the Water Management Act 2000, or instruments made under it, in relation to critical supplies (s 11(1)). The regulations may provide that the Minister administering the WMA has a function of directing a specified public authority in relation to critical supplies and that the specified public authority must comply (s 11(2)). Section 11(3) imposes concurrence/certification constraints before making such regulations.
• Local Land Services Act 2013 and other Acts. Section 8(9)(c) and (d) takes an authorisation to be a State significant infrastructure approval for the Local Land Services Act 2013 and any other Act prescribed in regulations. Again, the Act uses authorisation as an interoperability mechanism with other regulatory regimes.
• Local Government Act 1993. The Act references the Minister administering the Local Government Act when referring to who is the Minister responsible for public authorities that are local councils for the purposes of s 15(5).
• Delegation and administrative law. The Act authorises delegation of functions by the Minister and Planning Secretary (s 16). Standard principles of administrative law are not restated in the Act; however, delegations and subdelegations will operate within the existing administrative law framework outside this text.
• Savings and transitional provisions and expiry. Schedule 4 and s 21 allow the regulations to make transitional or savings provisions consequent upon enactment or amendment of the Act, and Parts 2-5 and Schedules 1-3 expire after two years unless regulations postpone expiry (s 21). Regulations amending these transitional rules must obtain concurrence of the Biodiversity Minister (Schedule 4 cl 1(2)).

Overall, the Act functions as a targeted override and integrator: it creates a bespoke approval track for listed water projects, displaces ordinary consent and contribution obligations under the EP&A Act where an authorisation exists, allows regulatory modification of water management and environmental laws, and provides mechanisms to treat authorisations as State significant infrastructure approvals for some cross‑statutory regimes.

The Act text provided includes internal amendment records in the Schedules. The changes in the source are limited and specific.

• Schedule 1 amendment. Schedule 1, which lists critical town or locality water supplies, contains an annotation: “sch 1: Am 2020 (171), cl 3(1).” That indicates Schedule 1 was amended in 2020 by instrument 171, clause 3(1). The listed entry in Schedule 1 at the end of the source adds Bathurst, Raglan, Eglinton and Perthville and the area serviced by the Bathurst water supply system.
• Schedule 2 amendment. Schedule 2, the declared water supply development table, carries a similar annotation: “sch 2: Am 2020 (171), cl 3(2).” Schedule 2 lists ten specific projects and the localities they serve, including Burrendong Dam access point relocation; Chaffey Dam to Dungowan pipeline; Macquarie River to Orange pipeline; works to connect Cobar and Nyngan to alternative groundwater sources; Walgett weir and water treatment plant; Bourke weir and bore supply; re‑establishment of natural rock weirs on the Darling River between Bourke and the junction with the Murray River; works for the Warren town water supply including the Warren bore field; and works for the Bathurst water supply system including pumping station and processing ponds.
• Schedule 3 amendment. Schedule 3 has an annotation: “sch 3: Am 2021 (282), Sch 1[1]-[3].” The body of Schedule 3 sets out Part 1 and Part 2 declarations of development declared to be critical State significant infrastructure: Wyangala Dam wall raising project, Mole River Dam, Dungowan Dam, and the Western Weirs program. These entries each describe scope (main works and ancillary works) and, in some instances, specify that surveys, test drilling and geotechnical investigations are not “development” for the purposes of the assessment of certain projects (see clauses for Wyangala, Dungowan).
• Regulation‑making and concurrence notice. Multiple provisions require ministerial concurrence before regulations altering schedules or disapplying other Acts can be recommended (s 5(3), s 7(3), s 11(3), Schedule 4 cl 1(2)). The Act’s regulatory architecture therefore contemplates further change by regulation, but requires particular inter‑ministerial concurrence steps for certain kinds of change.
• Temporal amendments mechanism. Section 21 provides that Parts 2-5 and Schedules 1-3 expire two years after assent and permits regulations to postpone expiry by one year at a time, before an expiry takes effect, but only if the Minister is satisfied that risks to the critical water supplies continue or new risks exist (s 21(1)-(3)).

The Act in the source has therefore been amended to add particular localities and projects in 2020 and to declare certain dam projects as critical State significant infrastructure in 2021. The Act explicitly contemplates further amendment by regulation subject to consultation and concurrence rules.

The text provided contains no references to judicial decisions, litigation outcomes or legal challenges. The source does not list any cases, appeals, or court determinations arising under the Act.

That absence in the Act text does not mean there has been no litigation in practice, but the statute as provided does not record or annotate case law. For readers seeking case law, the Act itself should be taken as a statutory source setting out the permissions, constraints and immunity provisions that would be relevant to any administrative law, statutory interpretation, constitutional, tort or environmental litigation. Particular provisions that could give rise to litigation‑faced issues, based on the statutory text, include:

• The statutory override in s 9 of the EP&A Act for development subject to Ministerial authorisation. A litigant could, in principle, seek judicial review of a Ministerial authorisation on administrative law grounds outside the Act, or challenge the validity of a regulation that purports to modify other Acts. Any such judicial review would be against the decision or regulation, not the Act’s text.
• The compensation bar in s 17 and nuisance exclusion in s 18. A party affected by authorised works may seek remedies outside the Act, for example at common law or under other statutory regimes, and those claims would intersect with the statutory immunities when courts interpret the Acts. Section 17(2)(b) preserves actions for personal injury or death.
• Delegation and subdelegation. Delegation under s 16 could be the subject of administrative law challenges if delegations are alleged to be invalidly made or exercised.

Because the source does not name cases, no case law is cited here. Practitioners will need to consult up‑to‑date databases for any judicial decisions that interpret the Act, address its constitutional validity, or consider the reach of ss 17-19 immunities in particular factual matrices.

The Act contains several features that produce operational and legal frictions; these are concrete, text‑based “gotchas” that practitioners and officials should note.

• Time‑limited regime with regulatory extension power. Parts 2-5 and Schedules 1-3 expire two years after assent (s 21(1)). Regulations may postpone expiry by one year at a time (s 21(2)), but only before an expiry takes effect and only if the Minister is satisfied risks continue or new risks exist (s 21(3)). If practitioners assume permanency, they risk missing the limited window for authorisations made under these Parts and Schedules. Any long‑lived project planning should factor in the expiry timetable and the potential for regulatory postponement.
• Exemption from development consent and development contributions. Section 9(2) removes the need for development consent under the EP&A Act for development subject to a Ministerial authorisation, and the note highlights that exclusion of development consent also excludes any requirement for payment of development contributions under that Act. That can materially alter project financing models and local government revenue expectations, and the absence of consent can affect third party rights normally tied to development consent.
• Ministerial discretion plus limited procedural protections. The authorising power vests significant discretion in the Minister to authorise and to set or vary conditions (s 8(5), (7)-(8)). The Planning Secretary consults but the Act does not prescribe public consultation steps except that public notification can be a condition (s 8(8)(e)). Affected persons will therefore face decisions made through a primarily executive process rather than through the EP&A Act’s statutory public participation and merits review pathways.
• Liability immunities that are wide but constrained by “good faith” and personal injury carve‑outs. Section 17 denies compensation for “critical water supply‑related matters” done in good faith, but that immunity does not apply to personal injury or death (s 17(2)(b)). Section 18 excludes nuisance claims for anything done or omitted under the Act. Section 19 protects persons acting under direction from personal liability if acting in good faith, with the Crown carrying liability instead. Parties affected by authorised works will need to plan around constrained remedies, and counsel should scrutinise the “good faith” standard in any particular circumstance.
• Delegation and subdelegation can move decision making down the hierarchy. The Minister and Planning Secretary may delegate and the Planning Secretary may subdelegate if authorised (s 16). Practitioners must check who actually made or authorised a decision, particularly when validating compliance with statutory prerequisites like concurrence requirements highlighted elsewhere in the Act.
• Regulations can reintroduce EP&A Act processes or alter water management law. Section 20 allows regulations to restore the operation of EP&A Act provisions, declare authorisations to be development consents and apply EP&A processes to such consents (s 20(2)(a)). Section 11 allows regulations to disapply or modify the Water Management Act 2000 in relation to critical supplies and even to give the WMA Minister functions of direction over specified public authorities (s 11(1)-(2)). The interplay of these regulatory powers can create sudden shifts in applicable approval pathways; users must check the regulations in force at the relevant time.
• Coordination and notification duties are asymmetrical. Section 12 imposes duties to cooperate and to notify responsible authorities of proposed exercises of functions that may adversely affect responsible authorities (s 12(a)-(b)). However, the Act also gives the Minister authority to direct prescribed public authorities to comply (s 14), potentially imposing obligations on authorities that are not mutual without visible compensation mechanisms in the Act text.
• Schedule amendments and ministerial concurrence traps. The regulations may amend Schedules 1 and 2 (s 5(2), s 7(2)), but before recommending such a regulation the Minister must obtain the concurrence of the Biodiversity Minister (s 5(3), s 7(3)(b)). The procedural requirement creates a gatekeeper role for an environmental portfolio minister, meaning that adding projects or localities is not a unilateral planning decision but depends on cross‑ministerial agreement.
• Overlap and potential duplication in listings. The Act lists localities in s 5(1)(a) and Schedule 2 lists projects. Some entries overlap or repeat localities (for example, Cobar and Nyngan appear more than once in the Act’s declarations). Practitioners should carefully map which projects and localities are covered and which are excluded, rather than assuming a single listing covers all intended works.
• No express funding, procurement or compensation scheme. The Act does not allocate funding for the authorised works nor create a compensation fund to address economic loss from works; it only removes compensation obligations for certain acts (s 17). Project finances, procurement, and compensation for third party economic losses will be handled outside the Act’s text and require separate attention.
• Limited local government visibility unless Minister notifies. The Minister “may provide a copy of an authorisation” to the local council (s 10(1)). That is permissive, not mandatory. If the Minister does not provide the authorisation, councils and local stakeholders may not receive formal written notice via planning certificates unless the Minister elects to provide the authorisation to the council (s 10(2)). Practitioners should not assume automatic local notification.
• Broad regulation‑making power with recurring concurrence requirements. Regulations can do a great deal (s 20(1)-(2); s 11(1)), but many regulatory paths are constrained by inter‑ministerial concurrence requirements (see s 11(3), s 5(3), s 7(3), Schedule 4 cl 1(2)). The interplay means both flexibility and multi‑ministerial input are required to change the scope of the Act materially.

These are concrete statutory features that can create project risk, affect financing and dispute resolution expectations, and determine the administrative route for environmental approvals and interagency obligations.

Compliance under the Act rests on procedural steps for obtaining authorisation, meeting any conditions imposed by the Minister, and observing the statutory duties of cooperation. The following is a concise practical checklist grounded in the statutory text.

1. Confirm whether the project and location are covered.
   • Check s 5 and Schedule 1 for whether the water supply for the town or locality is declared critical (s 5(1)). Review Schedule 2 for declared water supply development projects and Schedule 3 for dam projects declared as critical State significant infrastructure. Remember Schedules may be amended by regulation (s 5(2), s 7(2), Wyangala et al in Schedule 3).
2. Determine the correct applicant and legal posture.
   • Only development described in Schedule 2 carried out by or on behalf of a public authority can be exempt from development control legislation if it is the subject of a Ministerial authorisation (s 7(1)). If you are a private contractor, ensure you will be acting on behalf of a public authority for the purposes of the application (s 8(2)).
3. Prepare and lodge a complete authorisation application to the Planning Secretary.
   • The application must be in writing and include: a description of the proposed development; description of the land; start and expected completion dates for construction; measures to avoid, minimise or offset environmental or other impacts; and any other information the regulations or Planning Secretary require (s 8(2)-(3)). Anticipate requests for environmental assessments as a potential condition (s 8(8)(b)).
4. Plan for interagency consultation and concurrency.
   • The Planning Secretary must consult with relevant public authorities and forward a report to the Minister (s 8(4)). For certain regulatory changes amending schedules, or making modifications under s 11, the Minister must obtain concurrence from the Minister administering the Biodiversity Conservation Act 2016 and in some cases the Minister administering the Water Management Act 2000 (s 5(3), s 7(3), s 11(3)). Prepare documentation addressing biodiversity and water management impacts to assist those concurrence processes.
5. Anticipate and comply with authorisation conditions.
   • If authorised, the Minister may attach conditions, including timeframes, specified environmental assessments, hours of operation, reporting obligations and public notification (s 8(5), (8)(a)-(e)). Ensure project management and contracts allocate responsibility for compliance with each condition, reporting schedules and public notification obligations.
6. Maintain cooperation and notifications among public authorities.
   • Public authorities have statutory obligations to cooperate with the responsible authority, to comply with reasonable information requests, and to notify the responsible authority of proposed exercises of functions that may adversely impact the responsible authority (s 12(a)-(b)). Set up interagency liaison protocols, information exchange agreements and data sharing procedures to meet these obligations.
7. If directed by the Minister, comply promptly and obtain concurrence where required.
   • If the Minister directs an authority to comply with authorisation conditions (s 8(10)), or directs a prescribed public authority to comply with a request, direction or decision of a responsible authority (s 14(1)), ensure concurrence prerequisites have been satisfied (s 8(11), s 14(2)). Keep records of communication with the relevant Ministers.
8. Understand the limits of private remedies and liability.
   • Recognise that compensation by the State for acts or omissions that are critical water supply‑related matters is barred where done in good faith, except for personal injury or death (s 17(1)-(2)). Nuisance actions are disclaimed for acts under the Act (s 18). Personnel acting under Ministerial or Planning Secretary direction are protected from personal liability in good faith, with liability attaching to the Crown (s 19). Procurement, insurance and indemnity arrangements should be structured to reflect these statutory risk allocations.
9. Track regulatory changes and expiry dates.
   • Regulations can amend Schedules, disapply or modify the Water Management Act and restore EP&A Act operation (s 5(2), s 7(2), s 11(1), s 20(2)). Parts 2-5 and Schedules 1-3 expire two years after assent but may be postponed by regulation by one year increments if the Minister is satisfied risks continue (s 21). Maintain a regulatory watch for changes and plan projects to fit within the relevant statutory timeframe.
10. Use dispute resolution clauses and ministerial review if interagency disputes arise.
    • If disputes arise between a responsible authority and another public authority that cannot be resolved after reasonable efforts, either may request review by responsible Ministers; unresolved matters are referred to the Premier (s 15(1)-(3)). Ensure record keeping of attempts to resolve disputes and prepare briefing material for ministerial consideration.
11. Document good faith steps and environmental risk mitigation.
    • The liability immunities hinge on actions being done “in good faith” (s 17(1), s 19(1)). Keep contemporaneous records demonstrating environmental assessments, mitigation measures, consultation steps and reasoned decision making to support a “good faith” position if later scrutinised.
12. Check whether the Minister has provided the authorisation to local councils.
    • The Minister may provide a copy of an authorisation to the local council, which triggers inclusion of advice on the planning certificate for concerned land (s 10(1)-(2)). If the Minister has not provided a copy, ensure local council records and certificate content are monitored so that statutory planning certificate advice is correct.

In practice, compliance will require integration of project governance, environmental assessment, interagency protocols and legislative monitoring. Contracts with third party suppliers and contractors should allocate responsibilities for meeting authorisation conditions and reporting requirements, and legal teams should prepare for administrative steps and record retention to support “good faith” defences where the Act narrows private remedies.