Water Resources Act 2007

This section applies to the holder of a surviving allocation (other than a water utility) if the holder is not the owner or occupier of the land to which the allocation relates.

The holder may surrender the allocation to the authority and request a water access entitlement under section 111 before the end of the later of—

6 months after the day the person ceases to be the owner or occupier of the land; and

6 months after the commencement day.

If the holder does not surrender the allocation to the authority before the end of that 6-month period, the allocation is taken to be surrendered to the authority and the holder must not be granted a water access entitlement under section 111 in relation to the allocation.

Schedule 1 Reviewable decisions

(see pt 11)

column 1 item column 2 section column 3 decision column 4 entity

1

24 amend water access entitlement holder of water access entitlement

2

26 refuse to approve transfer of whole or part of water access entitlement holder of water access entitlement

3

30 refuse to issue licence to take water applicant for licence

4

31 impose condition on licence to take water applicant for licence

5

35 refuse to issue driller’s licence applicant for licence

6

36 impose condition on driller’s licence applicant for licence

7

39 refuse to issue bore work licence applicant for licence

8

40 impose condition on bore work licence applicant for licence

9

44 refuse to issue waterway work licence applicant for licence

10

45 impose condition on waterway work licence applicant for licence

11

49 refuse to issue recharge licence applicant for licence

12

50 impose condition on recharge licence applicant for licence

13

53 refuse to renew licence applicant for renewal

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) holder of water access entitlement, water allocation or licence

16

73 give direction to take stated action to rectify effect of unauthorised activity person to whom direction given

17

74 give direction to take stated action to prevent or rectify damage to bed or banks of waterway person to whom direction given

18

75 give direction in relation to unlicensed taking of surface water person to whom direction given

19

76 give direction in relation to bore person to whom direction given

Dictionary (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)—

that is used, or is capable of being used, to intercept or collect ground water; or

from which ground water is, or is capable of being, obtained or used; or

that is used, or is capable of being used, for the disposal of water or waste below the surface of the ground; or

that extends into an aquifer.

bore work means any of the following:

drilling, constructing, altering, plugging, backfilling or sealing off a bore;

removing, replacing, altering, slotting or repairing the casing, lining or screen of a bore;

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—

do an act; or

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—

this Act or the repealed Act; or

a licence issued under this Act or the repealed Act; or

a law of the Commonwealth, a State or another Territory that relates to water.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

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—

the lessee of the land; or

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:

use for the person, or the person’s family or employees, for domestic purposes;

use for drinking water for stock—

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

not held in close concentration for a purpose other than grazing;

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:

single dwelling housing;

multi-unit housing;

a boarding house;

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.