Section 103 — Defence — Water Management Act 2000 (New South Wales) — Barrister AI

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Section 103 — Defence — Water Management Act 2000 (New South Wales) — Barrister AI

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s 1Name of Act s 2Commencement s 3Objects s 4Interpretation s 4AMeaning of “overland flow water”s 5Water management principles s 6State Water Management Outcomes Plan s 7Classification of water sources s 8Environmental water s 8APlanned environmental water s 8BAdaptive environmental water through dedication of existing water entitlements s 8CAdaptive environmental water through system improvements s 8DAdaptive environmental water conditions after surrender of licences s 8EGeneral provisions relating to access licences with adaptive environmental water conditions s 8FAuditing of compliance with extraction limits s 9Act to be administered in accordance with water management principles and State Water Management Outcomes Plan s 10Review of work and activities of Department s 11Constitution of water management areas s 12Establishment of management committees s 13Membership of committee s 14Functions of management committees s 15Preparation of draft management plan s 16Management plans to be consistent with other instruments s 17Provisions applicable to all management plans s 18Matters for consideration s 19Application of Division s 20Core provisions s 21Additional provisions s 22Application of Division s 23Core provisions s 24Additional provisions s 25Application of Division s 26Core provisions s 27Additional provisions s 28Application of Division s 29Core provisions s 30Additional provisions s 31Application of Division s 32Core provisions s 33Additional provisions s 34Environmental protection provisions s 35Format of management plan s 36Notification of certain persons and bodies s 37Reference of draft management plan to Minister s 38Public exhibition of draft management plan s 39Submissions on draft management plan s 40Resubmission of draft management plan to Minister s 41Making of management plan s 42Amendment of management plans s 43Duration of management plans s 43AExtension of duration of management plan dealing with water sharing s 44Periodic auditing of management plans s 45Minister may amend or repeal management plan s 45AConsolidation of management plans s 46Making or amendment of management plan s 47Validity of management plans and exercise of plan-making functions s 48Effect of management plans on exercise of Minister’s functions s 49Consideration of management plans by public authorities s 49ASuspension of management plans during severe water shortages s 49BSuspension of Basin management plans during extreme events s 50Minister’s plan s 51Implementation programs s 52Domestic and stock rights s 53Harvestable rights s 54Harvestable rights orders s 55Native title rights s 55AApplication of Part s 56Access licences s 57Categories of licence s 57ASpecial provisions relating to floodplain harvesting access licences s 58Priorities between different categories of licence s 59Available water determinations s 60Rules of distribution applicable to making of available water determinations s 60ATaking water without, or otherwise than authorised by, an access licence s 60BContravention of terms and conditions of access licence s 60CTaking water for which there is no, or insufficient, water allocation s 60DTaking water other than by or from water supply work or extraction point nominated in access licence s 60ELiability of occupier of premises for certain contraventions s 60FGeneral defence s 60GMinister may charge for water illegally taken s 60HApplication of Division in relation to interstate licences s 60IAccess licence required for water used in mining activities s 61Applications for granting of access licences s 62Objections to granting of access licences s 63Determination of applications s 63ACommonwealth and other access licences arising from arrangements s 63BLicences arising out of State arrangements or agreements s 64Notice of decision s 65Controlled allocation of access licences s 66Conditions of access licence generally s 66AImposition of conditions on granting of access licence s 67Imposition of conditions after access licence is granted s 68Revocation of conditions s 68AAmendment of share or extraction components of access licences and other actions by Minister s 68BIncrease of share components of Commonwealth and other access licences arising from arrangements s 69Duration of access licence s 70Special provisions with respect to supplementary water s 71Water Access Licence Register s 71ADealings and other matters that must be recorded in the Access Register s 71BWhen matters required to be recorded in General Division of Access Register have effect s 71CProvisions with respect to registration of dealings, security interests, caveats and other matters in the Access Register s 71DCreation of registered security interests by recording in Access Register s 71EMinister may register caveats s 71FEffect of a caveat s 71GMinister may require production or surrender of access licence certificate before recording matters in Access Register s 71HSearches of the Access Register s 71ICorrection and amendment of Access Register s 71JAccess to the Access Register s 71KMinister to supply reasons for certain decisions in relation to Access Register s 71LHow does a dealing take effect?s 71MTransfer of access licences s 71NTerm transfers of entitlements under access licences s 71OConversion of access licence to new category s 71PSubdivision and consolidation of access licences s 71QAssignment of rights under access licence s 71QAAssignment of individual daily extraction component s 71RAmendment of share component of access licence s 71SAmendment of extraction component of access licence s 71TAssignment of water allocations between access licences s 71UInterstate transfer of access licences s 71VInterstate assignment of water allocations s 71WAccess licence may nominate water supply works and extraction points s 71XDealings on default s 71YGeneral s 71ZAccess licence dealing principles s 71ZA(Repealed)s 71ZBCode of conduct for brokers s 72Devolution of access licences s 72ASpecial provisions relating to co-holdings in access licences s 73Changes in co-holder’s tenancy arrangements s 74Exit from co-held access licence s 75Water return flow rules s 76Water allocations may be credited s 77Surrender of access licences s 77ACancellation of access licences that can no longer be used or are no longer required s 78Suspension and cancellation of access licences s 78ANotification of intention to suspend, cancel or require payment of penalty s 79Compulsory acquisition of access licences s 84Register of available water determinations s 85Keeping of water allocation accounts s 85AADaily extraction accounts s 85AAuthorisation to take water from uncontrolled flows s 85B(Repealed)s 86Definitions s 87Compensation payable in certain circumstances for reductions in water allocations arising during initial period for which management plan is in force s 87AACompensation payable in certain circumstances for reductions in water allocations arising after initial period that management plan is in force s 87ABCompensation is not payable in relation to certain conduct s 87ACNo compensation payable for reductions in water allocations under certain replacement management plans s 87ANo compensation payable in relation to access licence s 87BAccess licence certificate s 87CContraventions with respect to the Access Register s 88Regulations s 88AAConditions of exemptions from access licences s 88AApplication and objects of Part s 89Water use approvals s 90Water management work approvals s 91Activity approvals s 91AAConsultation with Dams Safety NSW in relation to approvals for dams and flood retarding basins s 91ABMetering equipment that has been installed s 91AUsing water without, or otherwise than as authorised by, a water use approval s 91BConstructing or using water supply work without, or otherwise than as authorised by, a water supply work approval s 91CConstructing or using drainage work without, or otherwise than as authorised by, a drainage work approval s 91DConstructing or using flood work without, or otherwise than as authorised by, a flood work approval s 91ECarrying out controlled activity without, or otherwise than as authorised by, a controlled activity approval s 91FCarrying out aquifer interference activity without, or otherwise than as authorised by, an aquifer interference approval s 91GContravention of terms and conditions of approval s 91HFailure to install, use or maintain metering equipment s 91ITaking water when metering equipment not working s 91IAFailure to report metering equipment not working s 91JMetering records s 91KMeter tampering s 91LLiability of occupier of premises for certain contraventions s 91MGeneral defence s 91NCorporations not required to hold approvals s 91OMinister may charge for water taken without approval s 92Applications for approvals s 93Objections to applications for approvals s 94Determination of applications affected by reviews by Planning Assessment Commission s 95Determination of applications s 96Matters affecting consideration of applications s 97Grounds of refusal of certain applications s 98Notice of decision s 99Procedures in relation to integrated development s 99AGranting of combined approvals s 100Conditions of approvals generally s 100AImposition of conditions on granting of approval s 101Conditions of approval for joint schemes s 101AMetering equipment condition s 102Imposition or change of conditions after approval is granted s 103Revocation of conditions s 104Duration of approval s 105Extension of approvals s 106Land benefited by approval s 107Amendment of approvals s 108Surrender of approvals s 109Suspension and cancellation of approvals s 110Temporary embargo s 111Permanent embargo s 112Operation of embargo s 113Register of approvals s 113AApplication of division s 113BMinister may exempt public authorities for drought s 113CConditions imposed by regulations and Minister for emergencies and other circumstances s 113DConditions imposed by Minister for exempt controlled activities s 114Minister may impose fees and charges s 115Regulations may impose mandatory conditions s 115ARegulations relating to mandatory and other licence conditions s 115BMetering equipment s 116Application of Part s 117Definitions s 118Requirements for access licences and approvals s 119Assets of irrigation corporations s 120Entry on to land s 121Ceasing to be an irrigation corporation s 122Authority conferred by operating licence s 123Terms and conditions of operating licence s 124Term of operating licence s 125Contravention of operating licence s 125AOffence to contravene operating licence s 126Cancellation of operating licence s 127Irrigation corporation may make arrangements with subsidiaries s 128Applications to include land within area of operations s 129Objections to inclusion of land within area of operations s 130Inclusion of land in area of operations s 131(Repealed)s 132Applications to exclude land from area of operations s 133Objections to exclusion of land from area of operations s 134Exclusion of land from area of operations s 135(Repealed)s 136Successor in title liable for unpaid contract charges s 137Indemnities s 138Register of licences, audits and management programs s 139Definitions s 140Requirements for access licences and approvals s 141Application for establishment of private water corporations s 142Determination of application and constitution of corporation s 143Functions of private water corporations s 144Boards of private water corporations s 145Rules of private water corporations s 146Corporation must provide copy of rules to Minister s 147Delegation by corporations and boards s 148Corporation works and other works s 149Members may be required to provide distribution works s 149A(Repealed)s 150Discontinuation of water supply by corporation s 151Supply of services to other persons s 152Powers of entry and inspection s 153Works plans s 154Water entitlements of members s 155Sale or transfer of group entitlement s 156Sale or transfer of members’ water entitlements s 157Transformation of member’s water entitlement s 158Changes in membership requiring works plan changes s 159Application for amalgamation of private water corporations s 160Determination of application for amalgamation s 161Effect of sale of land s 162Effect of subdivision s 163Fixing of rates and charges s 164Recovery of unpaid rates and charges s 165Abandonment of rates and charges s 166Financial records s 167Auditor’s right to access to information s 168Presentation of audited financial statements s 169Borrowing and investment by corporations s 170Charges for water illegally taken and damage to works s 171Entry and investigation powers s 172Ministerial directions about rules s 173Appointment of an administrator s 174Functions of administrator s 175Removed board members not eligible for re-election s 176Effect of administration on existing contracts s 177Winding up of corporations s 178Liability for water source and other changes s 179Amendment of Schedule 13 to insert, change, omit name of corporation s 180-190180–190 (Repealed)s 220Application of Part s 221Definitions s 222Requirements for access licences and approvals s 223Trustees of private water trusts s 224Water supply and other functions of trusts s 225Rules of private water trusts s 226Trustees must provide copy of rules s 227Delegation s 228Trust works and other works s 229Members may be required to provide distribution works s 230Discontinuation of water supply by trust s 231Supply of services to other persons s 232Powers of entry and inspection s 233Works plans s 234Water entitlements of members s 235Sale or transfer of group entitlement s 236Sale or transfer of members’ water entitlements s 237Transformation of member’s water entitlements s 238Changes in membership requiring works plan changes s 238A(Repealed)s 239Application for amalgamation of private water trusts s 239ADetermination of application for amalgamation s 239BEffect of sale of land s 239CEffect of subdivision s 239DConversion of private water trust to private water corporation s 239EFixing of rates and charges s 239FRecovery of unpaid rates and charges s 239GAbandonment of rates and charges s 239HFinancial records s 239IAuditor’s right to access to information s 239JPresentation of audited financial statements s 239KBorrowing by private water trusts s 239LAppointment of an administrator s 239MFunctions of administrator s 239NRemoved trustees not eligible for re-election s 239OEffect of administration on existing contracts s 239PWinding up of private water trusts s 239QLiability for water source and other changes s 239RMinisterial directions about rules s 239SName changes s 239TPrivate trusts not NSW government agencies s 253Application of Part s 254Definitions s 255Restriction on use of lands adjacent to levee banks s 256Construction of fences, structures and flood works s 257Accounts to be kept in Special Deposits Account s 258Allocation of money s 259Cost of works generally s 260Cost of works to protect towns and villages s 261Cost of protective works s 262Annual contribution to works program by Local Land Services s 263Consultation with Local Land Services as to works program s 264Consultation with local council as to works program s 265Payment of contribution towards maintenance by a local council s 266Consultation with local council as to maintenance program s 267Urgent maintenance works s 268Payments to be duly made s 269Works to protect public and local government works to be approved by Minister s 270Major floodgates to be maintained and operated by local councils s 271Maintenance of minor floodgates s 272Application of Public Works Act 1912 s 273Evidence of cost of works s 281Major utilities s 282Review of activities of major utilities s 283Definitions s 284Requirements for access licences and approvals s 285Water supply authorities s 286Constitution of water supply authorities s 287Statutory body may be water supply authority s 288Provisions relating to constitution and procedure of water supply authorities s 289Area of operations s 290Staff s 291Delegation s 292Functions of water supply authority s 293Exercise of functions by a water supply authority s 294Commercial operations s 295Assistance to statutory body s 296Entry on land to read meters or carry out works s 297Entry on land for inspections s 298Power to break up roads s 299Altering position of conduits s 300Obstruction of works s 300ADischarges into sewerage and drainage systems s 301Finding source of pollution of water supply s 301APower to give directions s 301BRegulations for protection of water supply s 301CRegulations for measurement of supply of water s 301DRegulations for drainage areas s 301ERegulations for firefighting water supply services and fire hydrants s 302Special areas s 303Crown land in special areas s 304Exercise of certain functions in special areas s 304ARegulations s 305Application for certificate of compliance s 306Authority may impose certain requirements before granting certificate of compliance s 307Granting of certificates of compliance s 308Orders for purpose of service charges s 309Connections s 310Authority may levy service charges and impose fees and other charges s 311Land in respect of which a water supply authority may levy service charges s 312Certain land exempt from service charges s 313Classification of lands s 314Basis of levying service charges s 315Determinations by water supply authority s 316Assessment of service charges s 317Re-assessment of service charges s 318Acquisition and divesting of land s 318AExposure of underground pipes s 318BPlumbing works s 319Compensation for interference or damage s 320Efficiency review s 321Appointment of administrator s 322Regulations s 323Definitions s 324Temporary water restrictions s 325Directions concerning waste of water s 326Directions to install, replace, use and maintain metering equipment s 326ACompliance audits s 326BUse of information s 327Stop work order regarding unlawful construction or use of water management work s 328Stop work order regarding unlawful controlled activity or aquifer interference activity s 329Removal of unlawful water management works s 330Temporary stop work order to protect public interest s 331Directions to holders of basic landholder rights s 332Directions concerning damage caused by straying stock s 333Directions to protect water sources s 334Directions to prepare reports s 335Land and Environment Court may grant injunctions s 336Restraint of breaches of this Act s 336ACompliance cost notices s 336BMandatory guidelines s 336CContravention of certain directions s 336DPrior notice of direction not required s 336EEnforcement of undertakings s 336FNotice of decision and reasons for decision s 336GDefinitions s 336HRemedial measures may be taken by Minister s 336IPower to enter premises s 336JOffence to hinder, intimidate or obstruct authorised person s 336KCare to be taken s 336LCompensation s 337Purposes for which powers under Part may be exercised s 337AEffect on other functions s 337BExtended meaning of “occupier”s 338Application of Division s 338APowers of authorised officers to require information and records s 338BPower of authorised officers to require answers s 338CRecording of evidence s 338DPower of authorised officers to demand name and address s 339Powers of authorised officers to enter premises s 339AEntry into residential premises only with permission or warrant s 339BPowers of authorised officers to do things at premises s 339CSearch warrants s 339DAuthorised officers may request assistance s 339EAssistance to be given to authorised officers s 339FCare to be taken s 339GCompensation s 339HDefinition s 339IStorage of and interference with seized things s 339JRelease of seized things s 339KForfeiture of seized things by order s 339LForfeiture of seized things with consent s 339MDisposal of forfeited things s 340Identification s 340AOffences and contraventions s 340BProvisions relating to requirements to furnish records, information or answer questions s 340CRevocation or variation s 340DExtraterritorial application s 341Receiving monetary benefits s 342Destruction, damage and interference with certain works s 343Taking water from public or private works s 344False or misleading information s 345Harm to aquifers and waterfront land s 346Unlicensed bore drilling s 347Ancillary offences s 347A-352347A–352 (Repealed)s 353Operation of Part s 353AOrders generally s 353BOrders for restoration and prevention s 353COrders for costs, expenses and compensation at time offence proved s 353DRecovery of costs, expenses and compensation after offence proved s 353EOrders regarding costs and expenses of investigation s 353FOrders to forfeit monetary benefits s 353FARecovery of monetary benefits from related persons s 353FBCancellation orders s 353GAdditional orders s 353HOffence s 353IApplication of part s 353JForm of financial assurance s 353KClaim on financial assurance s 353LLapsing of financial assurance s 353MLimitation of liability s 353NFinancial assurance does not affect other penalty or charge s 353ODisputes about calling on or using financial assurance s 353PRegulations s 354Definition s 355Certain rates and charges to be a charge on land s 356Interest on rates and charges s 357Recovery of rates, charges and other money s 358Joint owners s 359Sale of land for unpaid rates and charges s 360Certificate as to amount due s 361Liability where an estate or interest is transferred s 362Liability where a person becomes entitled to an estate or interest s 362AJoint owners s 362BCertificate as to charges outstanding in relation to access licences s 362CUnpaid fees, charges and administrative penalties s 363Offences by corporations s 363AOffences by joint holders of access licence or approval s 363BPenalties s 364Proceedings for offences s 364AMatters to be considered in imposing penalty s 365Penalty notices s 365AContinuing offences s 366Legal proceedings do not affect, and are unaffected by, other action under this Act s 367Evidentiary certificates s 367AEvidence of analysts s 367BRebuttable presumptions s 367CMultiple contraventions s 367DEvidence from photographs and other images s 368Appeals to Land and Environment Court s 369Definition s 370When provision is civil penalty provision s 370ACertain activities excluded s 370BInvolvement in contravention taken to be contravention s 370CContravention by corporation s 370DContravention by co-holders of access licence or approval s 370EContinuing contraventions s 370FCivil penalty levels s 370GLimitation period for civil penalty proceedings s 370HProceedings for contravention of civil penalty provision s 370IProceedings may be brought by Minister s 370JCivil proceedings during or after criminal proceedings s 370KCriminal proceedings after civil proceedings s 370LEvidence given in civil penalty proceedings not admissible in criminal proceedings s 370MContravention of more than one civil penalty provision s 370NMultiple contraventions of civil penalty provision s 370OProceedings may be heard together s 370PProof of state of mind not required s 370QEvidential burden s 370ROrders for contravention of civil penalty provision s 370SOrders as to costs s 370TRecovery of civil penalty amounts s 370UCivil double jeopardy s 371Constitution of Water Administration Ministerial Corporation s 372Functions of Ministerial Corporation s 372AMetering equipment functions s 372BInterests and rights in metering equipment s 373Commercial operations s 374Application of Public Works Act 1912 s 375Acquisition of land s 376Staff of Ministerial Corporation s 377Delegation of functions s 378Definitions s 379Constitution of Trust s 380Objects of Trust s 381Functions of Trust s 382Staff of Trust s 383Delegation s 384Water Investment Trust Fund s 385Investments s 386Investment levies on water users s 386ADefinitions s 386BAppointments to Basin Officials Committee s 386CMinister may act for Government of NSW s 386DAuthorisation of works, operations and measures under the Agreement s 386EConstructing Authority for NSW s 386FCertain documents to be tabled in Parliament s 387Expert advisory panels s 387AWater Innovation Council s 388Committees s 389Delegation s 389AConferral of water management functions on public authorities s 389BGas and other petroleum activities—enforcement by EPA s 390Authorised officers and analysts s 391Resolution of disputes between public authorities s 391AInterstate arrangements in relation to access licences and approvals s 392State’s water rights s 393Abolition of common law riparian rights s 394Service of documents s 394AMethodologies for determining water volume and value s 395Publication of notices, orders and proclamations in authorised manner s 395AAPublic water register s 395AContinuing effect of directions and conditions s 396Act binds Crown s 397Exclusion of personal liability s 398Exclusion of Crown liability s 399Annual reporting information for Department s 399BConsultation about environmental water releases s 400Regulations s 400AExcluded matters s 400BDisplacement of Commonwealth water legislation s 401Repeals s 402Amendment of other Acts s 402AUncommenced amendments to Act transferred to Act s 403Savings, transitional and other provisions s 404Review of Act s 1Registration of Ministerial actions s 2Registration of dealings in access licences and holdings in access licences s 3Registration of security interests over access licences and holdings in access licences s 4Priority of registered security interests in access licences and holdings in access licences s 5Withdrawal of caveat s 6Duration of caveat s 7Notice to caveator s 8Powers of Land and Environment Court in relation to caveats s 9Compensation payable in certain cases s 10Powers of Minister with respect to production and retention of certain instruments s 11Lodgment and registration of documents s 12Wrongful retention of certain instruments s 1Definitions s 2Share component of new access licence s 3Extraction component of new access licence s 4Water allocation account for new access licence s 5Conditions of new licence s 6Nominated water supply work for new access licence s 7Security interests relating to new access licences s 1(Repealed)s 2Elected member s 3Chairperson of a water supply authority s 4Acting members s 5Terms of office s 6Remuneration s 7Casual vacancies s 8Disclosure of pecuniary interests s 9Effect of certain other Acts s 13Definitions s 14Exemption from service charges s 15Supply of water to mining companies s 16Mining companies to take water s 17Water charges s 18Additional payments to Water Fund s 19Estimated deficit and advance payments s 20Sewerage charges s 21Default by mining company s 22Members of the Cobar Water Board s 23(Repealed)s 24Meetings of the Board s 1Application of Schedule s 2Acting chairperson s 3Term of office s 4Remuneration s 5Vacancy in office of appointed member s 6Filling of vacancy in office of member s 7Disclosure of pecuniary interests s 8Effect of certain other Acts s 9General procedure s 10Quorum s 11Presiding members s 12Decisions s 13Record of proceedings s 14Authentication of documents s 15First meeting s 1Savings and transitional regulations s 2Definitions s 3(Repealed)s 4Delegations s 5Construction of references to Water Administration Ministerial Corporation s 6Construction of other references s 7General saving s 8Definition s 11Rates and charges s 12Floodplains s 13Floodplain management plans s 13ARegulations s 16Definition s 17Continuation of Ministerial Corporation s 18Continued operation of section 19 s 19Definition s 20Continuation of water supply authorities s 21Special areas s 22Certificates of compliance s 23Service charges s 24Penalty notices s 25Regulations s 26Definition s 27Contributions by councils s 28Regulations s 29Definition s 30Permissions s 31Control and management of works s 32Finance s 33Regulations s 34Definition s 35Operating licences s 36Continuation of indemnity s 37Regulations s 38Definition s 39Private districts s 40Boards of management s 41Control and management of works s 42Rates and charges s 43Water allocations s 44By-laws s 45Regulations s 46Definition s 47Rates s 48Regulations s 51Definitions s 52Transfer orders s 53Transfer of staff s 54Transfer of assets, rights and liabilities s 55Date of vesting s 56Consideration for vesting s 57Payment of duty s 58Confirmation of vesting s 59Definitions s 60Guidelines under section 306 (3) (c)s 61Definition s 62References in management plans to environmental health water and supplementary environmental water s 63Duration of management plans s 64Validity of management plans and exercise of plan-making functions s 65Minister’s plans s 66Applications for access licences s 67References to former sections 71A and 71B–71J, 71K and 71L s 68Directions under section 323 s 69Directions under section 325 s 70Definition s 71Management plans s 72Definition s 73Orders under section 60 (2) of the unamended Act s 73AApplication of metering offences s 74Bore drillers’ licences under the 1912 Act s 75Definitions s 76Continuing application of provisions to private irrigation boards, private irrigation districts and private drainage boards s 77Conversion of existing private irrigation boards and districts and private drainage boards s 78Conversion of private water trusts to private water corporations s 79Existing chairpersons of private water trusts s 80Existing members of trusts s 81Rules of private water trusts s 82Works plans of private water trusts s 83Existing rates and charges of private water trusts s 84Transfer of property by former trust members s 85References to adaptive environmental water conditions s 86Application of new defences s 87Application of amendments to Schedule 10 s 88Members of management committees s 89Definition s 90Amendments concerning supplementary water access licences s 91Amendments concerning harvestable rights s 92Amendments concerning the controlled allocation of access licences s 93Amendments concerning water allocation accounts and the taking of water s 94Amendments concerning nominated water supply works and water tagging zones s 95Amendments concerning the streamlining of licensing and trading processes s 96Amendments concerning management plans s 97Amendments concerning combined approvals s 98Amendments concerning floodplain harvesting access licences s 99Amendment of water sharing plans s 100Definition s 101Existing audits and audit panels s 102(Repealed)s 103Defence s 104Existing approvals relating to dams and flood works constructed by local councils s 105Recovery and levying of service charges s 106Bail decisions made by court officer continue in force s 107Definitions s 108Offences and contraventions s 109Charges under section 91O for water taken s 110Orders relating to monetary benefits s 111Cancellation orders s 112Community benefit projects s 113Jurisdictional limits for proceedings in Local Court s 114Multiple contraventions s 115Use of photographs and images in proceedings s 116Orders for contravention of civil penalty provision s 117Prescribed methodology—value of water s 1River Murray (Diversion) Act 1933 s 1Application of Schedule s 2Definitions s 3Access licences and approvals arising from former entitlements s 4Categories and subcategories of access licence s 5More than one licence or approval may replace a single entitlement s 6Access licences and approvals not to arise from certain entitlements s 7Manner in which access licences to be expressed s 8Supplementary water access licences s 9Entitlements with no specified quantity of water to continue under former Acts s 9AConditions relating to food safety and essential dairy care s 10Owners to hold new access licences if occupier or predecessor did not obtain entitlement s 11Mortgagors of old system land to hold new access licences s 12Partial application of Act to existing entitlement s 13Local water utilities s 14Water use approvals for town water supply s 15Private water trusts s 16Entitlements relating to water bores s 17Multiple bore licences s 18Water use approvals for joint schemes s 19Registration of security interests in replacement access licences s 20Notification of licences s 21Duration of new access licence or approval s 22Water management work approvals arising from certain permits s 23Entitlements held by 2 or more co-holders s 24Right of access continued temporarily s 25Water allocations s 26Nominated works s 27Replacement licences under former Acts s 27AValidation of replacement licences and approvals for entitlements under 1912 Act s 32Construction of certain references s 33Effect of amendments and repeals of other statutory provisions s 34Application of 1912 Act s 35Application of 1948 Act s 36Application of 1994 Act s 37Enforcement of debts s 38Pending applications s 39Replacement of recently-expired entitlements s 40Access licences arising from management plans s 1Management plans to be amended s 2Amendment of management plans relating to adaptive environmental water s 3Management plans to be amended s 4Amendment of management plans relating to planned environmental water s 5Amendment of Water Sharing Plan for the Toorumbee Creek Water Source 2003 s 6Management plans to be amended s 7Amendment of management plans relating to floodplain harvesting s 8Amendment of Water Sharing Plan for the Toorumbee Creek Water Source 2003 s 9Clause 42 Individual access licence account management rules for the Barwon-Darling Unregulated River Water Source s 10Clause 42 (2) (b), (3) (b) and (4) (d)s 11Clause 51 Total daily extraction limits s 12Clause 52 s 52Individual daily extraction limits s 13Clause 62 General s 14Clause 78 Part 8 s 15Clause 80 Part 10 s 16Clause 80, note s 17Regulated river orders to be amended s 18Central West Water Management Area Regulated River Order s 19Gwydir Water Management Area Regulated River Order s 20Hunter Water Management Area Regulated River Order No. 2 s 21Murrumbidgee Water Management Area Regulated River Order s 22Murray Water Management Area Regulated River Order (Lower Darling)s 23NSW Border Rivers Regulated River Water Source Order s 24Namoi Water Management Area Regulated River Order s 25Regulated River Order for the Belubula Regulated River 2012 s 26Regulated River Order for the Lachlan Regulated River 2012 s 27Regulated River Order for the NSW Hunter Water Management Area Regulated Rivers 2016 s 28Regulated River Order for the NSW Murray Regulated Rivers 2012 s 29Richmond Regulated River Order 2010 s 30Water Sharing Plan for the Bega and Brogo Rivers Area Regulated, Unregulated and Alluvial Water Sources 2011 s 31Water Sharing Plan for the Belubula Regulated River Water Source 2012 s 32Water Sharing Plan for the Gwydir Regulated River Water Source 2016 s 33Water Sharing Plan for the Hunter Regulated River Water Source 2016 s 34Water Sharing Plan for the Lachlan Regulated River Water Source 2016 s 35Water Sharing Plan for the Macquarie and Cudgegong Regulated Rivers Water Source 2016 s 36Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2016 s 37Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2016 s 38Water Sharing Plan for the NSW Border Rivers Regulated River Water Source 2009 s 39Water Sharing Plan for the Paterson Regulated River Water Source 2007 s 40Water Sharing Plan for the Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock Water Sources 2010 s 41Water Sharing Plan for the Richmond River Area Unregulated, Regulated and Alluvial Water Sources 2010 s 42Water Sharing Plan for the Upper Namoi and Lower Namoi Regulated River Water Sources 2016 s 43References in orders preceding the 2016 Hunter Order s 44References in orders preceding the 2012 Lachlan Order s 45References in orders preceding the 2012 Murray Order s 46Commencement of amendments s 47Regulated river orders to be amended s 48Management plans to be amended s 49Commencement of amendments and validation s 50Savings, transitional and other provisions s 51Management plans to be amended s 52Amendment of management plans relating to the management of active sharing of flows s 53Making of Bega and Brogo Order s 1Name of Order s 2Declaration of regulated rivers s 54Making of Peel Valley Order s 1Name of Order s 2Declaration of regulated rivers s 55Savings and transitional provisions s 120AEntry and investigation powers s 125AOffence to contravene operating licence s 136ACharges for water illegally taken and damage to works s 137ALiability for water source and other changes s 71NATerm transfers of water allocation entitlements s 346AContravention of terms and conditions of bore driller’s licence s 25Water allocation accounts s 1Land that is vested in the Crown, or in a public body, or in trustees, and is used for a public cemetery.s 2Land that is vested in the Crown, or in a public body, or in trustees, and is used for a common.s 3Land that is vested in the Crown, or in a public body, or in trustees, and is used for a public reserve or park.s 4Land that belongs to any public hospital, public benevolent institution or public charity, and is used or occupied by the hospital, institution or charity for its purposes.s 5Land that is used or occupied solely for the purposes of, or connected with, a baby health centre, day nursery, kindergarten or amenities for the aged not conducted for private gain.s 6Land that is vested in a local health district constituted under the Health Services Act 1997 and is used or occupied by the local health district for its purposes.s 7Land that is vested in the Crown, or in a public body, or in trustees, and is used solely for the purposes of a free public library.s 8Land owned by the Crown that (except in the case of land leased to a caretaker at a nominal rental) is not leased by the Crown to any person for private purposes.s 9Land that belongs to a religious body and that is occupied and used in connection with-(a) any church or other building used or occupied for public worship, or(b) any building used or occupied solely as the residence of a minister of religion in connection with any such church or building, or(c) any building used or occupied for the purposes of religious teaching or training, or(d) any building used or occupied solely as the residence of the official head or the assistant official head, or both, of any religious body in the State or in any diocese in the State.s 10Land that is a public place within the meaning of the Local Government Act 1993.s 11Land that-(a) is unoccupied, and(b) is not supplied with water from any water-pipe of a water supply authority and is not connected to any sewer of a water supply authority, and(c) has been determined, by the council of the local government area in which the land is situated, to be unsuitable for the erection of a building because of flooding or landslip.s 12Land that is unoccupied and that is below highwater mark of any tidal water.s 13Land that belongs to and that is occupied and used in connection with any registered non-government school under the Education Act 1990, including-(a) any playground that belongs to and is used in connection with any such school, and(b) any building that is occupied as a residence by any caretaker, employee or teacher of any such school and that belongs to and is used in connection with the school.s 14Land that comprises any sports ground, garden or children’s playground provided by a council under the Local Government Act 1993.s 15Land that is vested in the University of Newcastle, or in a college of the University, and is used or occupied by the University or college solely for its purposes.s 16Land that is vested in-(a) the New South Wales Aboriginal Land Council, or(b) a Regional Aboriginal Land Council, or(c) a Local Aboriginal Land Council,constituted under the Aboriginal Land Rights Act 1983, being land that is declared under Division 5 of Part 2 of that Act to be exempt from the payment of rates under this Schedule.s 17Land that-(a) is vested in the mines rescue company, within the meaning of the Coal Industry Act 2001, and(b) is used for the purposes of a mine rescue station controlled by that company.s 10-12(Repealed)sch.8-ssch.8.27-sec.4[1]-[4] (Repealed)sch.8-ssch.8.27-sec.5[5] Section 12 Grant of operating licences sch.8-ssch.8.27-sec.6[6] (Repealed)sch.8-ssch.8.27-sec.7[7] Section 90 Activities outside area of operations sch.8-ssch.8.27-sec.8[8] Section 91 Contracting out sch.8-ssch.8.30-sec.1[1] (Repealed)sch.8-ssch.8.30-sec.2[2] Chapter 5, Part 2 Hunter Valley flood mitigation works sch.8-ssch.8.30-sec.5[3]-[5] (Repealed)s 9-10(Repealed)s 28-31(Repealed)sch.13A-ssch.13A.1-sec.1[1] Section 120A sch.13A-ssch.13A.1-sec.2[2] Section 125A sch.13A-ssch.13A.1-sec.3[3] Section 136A sch.13A-ssch.13A.1-sec.4[4] Section 137 Indemnities sch.13A-ssch.13A.1-sec.5[5] Section 137A sch.13A-ssch.13A.1-sec.6[6] Section 222 sch.13A-ssch.13A.2-sec.1[1] Section 71M Transfer of access licences sch.13A-ssch.13A.2-sec.2[2] Section 71NA sch.13A-ssch.13A.2-sec.3[3] Section 71X Dealings on default sch.13A-ssch.13A.2-sec.4[4] Section 71X (4A)sch.13A-ssch.13A.2-sec.5[5] Section 71X (8), definition of “affected person”sch.13A-ssch.13A.2-sec.6[6] Section 74 Exit from co-held access licence sch.13A-ssch.13A.2-sec.7[7] Section 77 Surrender of access licences sch.13A-ssch.13A.2-sec.8[8] Section 78 Suspension and cancellation of access licences sch.13A-ssch.13A.2-sec.9[9] Section 78A Notification of intention to suspend, cancel or require payment of penalty sch.13A-ssch.13A.2-sec.10[10] Section 85 Keeping of water allocation accounts sch.13A-ssch.13A.2-sec.11[11] Dictionary sch.13A-ssch.13A.3-secSection 346A sch.13A-ssch.13A.4-secSection 60G Minister may charge for water illegally taken sch.13A-ssch.13A.5-sec.1[1] Section 71L How does a dealing take effect?sch.13A-ssch.13A.5-sec.2[2] Schedule 1A Access Register sch.13A-ssch.13A.6-secSchedule 10, clause 25 DictionaryDictionary Schedule 13A — Dictionary

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103 Defence

Section 91I (3), as inserted by the amending Act, does not apply to proceedings for offences commenced before the commencement of that subsection.

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