Water Resources Act 2007

This Act is the Water Resources Act 2007.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘offence, for part 10 (Enforcement)—see section 78.’ means that the term ‘offence’ is defined in that section for part 10.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Main principles and concepts

The objects of this Act are—

to ensure that management and use of the water resources of the Territory sustain the physical, economic and social wellbeing of the people of the ACT while protecting the ecosystems that depend on those resources; and

to protect aquatic ecosystems and aquifers from damage and, where practicable, to reverse damage that has already happened; and

to ensure that the water resources are able to meet the reasonably foreseeable needs of future generations.

Subject to this Act, the right to the use, flow and control of all water of the Territory is vested in the Territory and is exercisable by the Minister on behalf of the Territory.

For this Act, the water resources of the Territory include—

surface water and ground water on national land; and

the surface water of the Googong Dam Area.

Note 1 Under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), the Territory is responsible for the management or regulation, or both, of the taking of water on national land (see that Act, s 29 (1) (c)).

Note 2 Under the Water Act 2007 (Cwlth), the surface water of the Googong Dam Area is to be treated as if it were in the ACT (see that Act, s 63A) and the Territory is responsible for the water resource plan for that area (see that Act, s 22 (1) (Content of Basin Plan), table item 2 and div 2 (Water resource plans for particular water resource plan areas)).

In this section:

Googong Dam Area—see the Canberra Water Supply (Googong Dam) Act 1974 (Cwlth), section 3.

For this Act, surface water means—

water on or flowing over land (including in a waterway) after having—

fallen as rain or hail or precipitated in any other way; or

risen to the surface naturally from underground; or

been returned to the environment following treatment or use; and

water mentioned in paragraph (a) that has been collected in a dam, reservoir or rainwater tank.

For this Act, ground water means water occurring or obtained from below the surface of the ground or beneath a waterway.

Ground water includes water occurring in or obtained or flowing from a bore.

However, ground water does not include water occurring in or obtained or flowing from any other system for the distribution, reticulation, transportation, storage or treatment of water or waste.

For this Act, waterway means—

a river, creek, stream or other natural channel in which water flows (whether continuously or intermittently); or

the stormwater system or any other channel formed (whether completely or partly) by altering or relocating a waterway mentioned in paragraph (a); or

a lake, pond, lagoon or marsh (whether formed by geomorphic processes or by works) in which water collects (whether continuously or intermittently).

Waterway includes—

the bed that the water in the waterway normally flows over or is covered by; and

the banks that the water in the waterway normally flows between or is contained by.

However, waterway does not include land normally not part of the waterway that may be covered from time to time by floodwaters from the waterway.

In this section:

stormwater means water run-off that is normally collected by a stormwater system.

stormwater system means a system of pipes, gutters, drains and channels that are public works constructed to collect or transport stormwater in or through an urban area.

For this Act, take water includes—

in relation to surface water—

withdraw, pump, extract or use surface water; and

divert surface water for the purpose of using it; and

do anything else that results in a reduction of flow of surface water in a waterway; and

in relation to ground water—allow ground water to flow or be pumped from a bore.

However, a person does not take water if the person uses water taken by someone else under a licence to take water.

Example—s (2) using water provided by a water utility

The ACT water resource plan consists of the following:

the environmental flow guidelines, if any;

the determination of water management areas;

the determination of the total amounts of surface water and ground water available for taking under section 17;

guidelines determined under section 18, if any, for working out reasonable amounts of water for particular uses;

anything else prescribed by regulation.

The ACT water resource plan may apply, adopt or incorporate a law or instrument as in force from time to time.

The Legislation Act, section 47 (6) does not apply in relation to a law or instrument applied, adopted or incorporated as in force from time to time under this section.

Note A law or instrument applied, adopted or incorporated under this section does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)).

Part 3 Environmental flow guidelines