Water Management Act 2000

The Minister, by order published on the NSW legislation website, may—

constitute any land as a harvestable rights area, and

name the area that is constituted, and

fix the boundaries of the area that is constituted.

The order by which a harvestable rights area is constituted must specify—

the kinds of water (such as overland flow water) that may be captured and stored in the area in exercise of harvestable rights, and

the method for calculating the maximum harvestable right volume for works constructed or used in exercise of harvestable rights on landholdings in the area by reference to a proportion (not being less than 10%) of the average regional overland flow waters for that area.

Without limiting subsection (2) (b), the kinds of ways in which a maximum harvestable right volume for landholdings in a harvestable rights area may be expressed include by reference to the capacity of water supply works or volumetric limits.

The order may also deal with the following matters—

the types and locations of water supply works that may be used by a landholder to capture and store water,

the means by which the maximum capacity of a water supply work that may be constructed or used by a landholder to capture and store water is to be calculated,

the arrangements that may be made by landholders for the shared use of a water supply work that straddles their landholdings,

the method for accounting for water that is captured or stored in the circumstances referred to in section 53 (3),

the procedures to be followed for calculating the average overland flow water for a landholding in the area,

rules about the purposes for which water may be captured, taken, stored or used,

such other matters as are necessary or convenient to give effect to the order.

For the purpose of calculating any matter under an order under this section, a reference in the order to an area of land is, in the case of a landholding, a reference to the area of the landholding.

An order under this section may deal with any matter by reference to a map held by the Department.

Any map that is referred to as provided by subsection (6) is to be available for public inspection, free of charge, by either or both of the following means—

at the appropriate regional office of the Department for the area to which the relevant order relates, during normal office hours,

on the website of the Department or any other website that the Minister considers to be readily accessible by members of the public.