Dictionary
Dictionary Dictionary
(Section 4)
access licence means an access licence referred to in section 56.
access licence certificate means a certificate issued under section 87B.
access licence dealing principles means principles established under section 71Z.
access licence dealing rules means the rules established by the water sharing provisions of a management plan, as referred to in section 20 (1) (d).
Access Register means the Water Access Licence Register required to be kept under section 71.
activity approval means a controlled activity approval or an aquifer interference approval.
adaptive environmental water condition means a condition imposed on an access licence of a type referred to in section 8 (1) (b) (i).
administrative penalty means the following—
a charge under section 60G(1)(a) or 91O,
a water allocation account debit under section 60G(1)(b),
a penalty imposed by the Minister under section 78(2) or 109(2),
a penalty imposed by the Governor under section 125(2)(a).
approval means a water use approval, a water management work approval or an activity approval.
approved form means form approved by the Minister.
aquifer means a geological structure or formation, or an artificial landfill, that is permeated with water or is capable of being permeated with water.
aquifer interference activity means an activity involving any of the following—
the penetration of an aquifer,
the interference with water in an aquifer,
the obstruction of the flow of water in an aquifer,
the taking of water from an aquifer in the course of carrying out mining, or any other activity prescribed by the regulations,
the disposal of water taken from an aquifer as referred to in paragraph (d).
aquifer interference approval means an approval referred to in section 91 (3).
assignment dealing means the following—
an assignment of water allocations to or from the water allocation account for an access licence as referred to in section 71T,
the crediting or debiting of water allocations to or from the water allocation account for an access licence to give effect to an interstate assignment of water allocations as referred to in section 71V,
an assignment of the whole or part of one or more individual daily extraction components as referred to in section 71QA.
authorised analyst means a person appointed by the Minister under section 390 to exercise the functions conferred on an authorised analyst by this Act.
authorised manner —see section 395.
authorised officer, in relation to a provision of this Act, means a person authorised by the Minister under section 390 to exercise the functions conferred on an authorised officer by that provision, whether generally or in a particular case.
authorised person, for Chapter 7, Part 1, Division 9—see section 336G.
available water, in relation to a water management area or water source, means the water that is available in that area or water source in accordance with an available water determination that is in force in respect of that area or water source.
available water determination means a determination referred to in section 59.
basic landholder rights means domestic and stock rights, harvestable rights or native title rights.
Basin management area means a water management area that is part of a water resource plan area under the Water Act 2007 of the Commonwealth.
Basin management plan means a management plan that applies to a Basin management area or to part of the Basin water resources.
Basin water resources has the same meaning as it has in the Water Act 2007 of the Commonwealth.
bulk access regime means a bulk access regime established by a management plan, as referred to in section 20 (1) (e), or by a Minister’s plan, and includes a bulk access regime as varied by the Minister under section 45.
caveat on an access licence or holding in an access licence means a caveat in respect of the licence or holding recorded in the Access Register.
civil penalty order means an order under section 370R.
coastal waters of the State has the same meaning as it has in Part 10 of the Interpretation Act 1987.
co-holder’s tenancy arrangement means the joint tenancy, tenancy in common or other arrangement under which the entitlements conferred by an access licence are held by co-holders of the licence.
construct a work includes install, maintain, repair, alter or extend the work.
controlled activity means—
the erection of a building or the carrying out of a work (within the meaning of the Environmental Planning and Assessment Act 1979), or
the removal of material (whether or not extractive material) or vegetation from land, whether by way of excavation or otherwise, or
the deposition of material (whether or not extractive material) on land, whether by way of landfill operations or otherwise, or
the carrying out of any other activity that affects the quantity or flow of water in a water source.
controlled activity approval means an approval referred to in section 91 (2).
Court, for Chapter 7, Part 6—see section 369.
Crown land has the same meaning as it has in the Crown Land Management Act 2016.
dealing in an access licence or holding in an access licence means a general dealing, a dealing on default or an assignment dealing in the licence or holding.
dealing on default in an access licence or holding in an access licence means the transfer of the licence or holding as referred to in section 71X.
Department means the Department of Industry, Skills and Regional Development.
development and carry out development have the same meanings as they have in the Environmental Planning and Assessment Act 1979.
domestic and stock rights means the rights conferred on a landholder by section 52.
drainage work means a work (such as a pump, pipe or channel) for the purpose of draining water from land, including a reticulated system of such works, and includes all associated pipes, sluices, sluicegates, valves, metering equipment and other equipment, but does not include—
any sewage work (within the meaning of Part 2 of Chapter 6), or
any work declared by the regulations not to be a drainage work.
drainage work approval means an approval referred to in section 90 (3).
duly qualified person means a person who has the qualifications, skills and experience to carry out work in connection with metering equipment that are prescribed by the regulations.
dwelling and dwelling house have the same meaning as in the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006.
emergency legislation means the following—
the State Emergency Service Act 1989,
the State Emergency and Rescue Management Act 1989,
another Act or law prescribed by the regulations.
environment includes all aspects of the surroundings of human beings, whether affecting them as individuals or in their social groupings.
environmental water rules means environmental water rules referred to in section 8 (2).
estuary means—
any part of a river whose level is periodically or intermittently affected by coastal tides, or
any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or
anything declared by the regulations to be an estuary, but does not include anything declared by the regulations not to be an estuary.
exercise a function includes perform a duty.
extractive material means earth, sand, gravel, rock, mud, clay or any other such substance.
extreme event means any of the following events—
an extreme dry period,
a water quality event of an intensity, magnitude and duration that is sufficient to render water acutely toxic or unusable for established local uses and values,
any other type of event that has resulted in the suspension of a water management plan under this Act or in the last 50 years of a plan that deals with water allocation and is made under any other Act.
flood work means a work (such as a barrage, causeway, cutting or embankment)—
that is situated—
in or in the vicinity of a river, estuary or lake, or
within a floodplain, and
that is of such a size or configuration that, regardless of the purpose for which it is constructed or used, it is likely to have an effect on—
the flow of water to or from a river, estuary or lake, or
the distribution or flow of floodwater in times of flood, and includes all associated pipes, valves, metering equipment and other equipment, but does not include any work declared by the regulations not to be a flood work.
flood work approval means an approval referred to in section 90 (4).
floodplain means land declared by the regulations to be a floodplain.
function includes a power, authority and duty.
general dealing in an access licence or holding in an access licence means the following—
the transfer of the licence or holding from one person to another, as referred to in section 71M,
the term transfer of the water entitlements conferred by the licence or holding from one person to another, as referred to in section 71N,
the grant of a new access licence of a different category or subcategory, as referred to in section 71O,
the grant of an access licence arising from a subdivision or consolidation, as referred to in section 71P,
the grant of an access licence on an application under section 74,
the assignment of rights in the licence, as referred to in section 71Q,
the grant of a new access licence after amendment of the share component of the licence, as referred to in section 71R,
the amendment of the extraction component of an access licence, as referred to in section 71S,
the grant or cancellation of an access licence to give effect to the interstate transfer of an access licence, as referred to in section 71U,
the amendment of the licence to nominate a specified water supply work, or group of water supply works, as a means by which water allocations under the licence may be taken, as referred to in section 71W,
such other dealings as are prescribed by the regulations.
General Register of Deeds means the General Register of Deeds maintained under Part 23 of the Conveyancing Act 1919.
harm to the environment, for Chapter 7, Part 3A—see section 353.
harvestable rights mean the rights conferred on a landholder by a harvestable rights order.
harvestable rights area means an area of land that is constituted as a harvestable rights area by a harvestable rights order.
harvestable rights order means an order in force under section 54.
holding in an access licence means the share of the entitlements conferred by the access licence held by a particular co-holder of the licence.
implementation program means a program referred to in section 51.
individual daily extraction component —see section 71QA (1).
interstate water tagging zone means an interstate water tagging zone established by the access licence dealing principles.
irrigation corporation means an irrigation corporation referred to in Part 1 of Chapter 4.
lake includes—
a wetland, a lagoon, a saltmarsh and any collection of still water, whether perennial or intermittent and whether natural or artificial, and
any water declared by the regulations to be a lake, whether or not it also forms part of a river or estuary, but does not include any water declared by the regulations not to be a lake.
land includes any water source, and also includes the land on or in which any water source is situated.
landholder, in relation to land, means—
the owner of the land or (if the owner is not in occupation of the land) the lawful occupier of the land, or
the local council, in the case of land that comprises—
a public road vested in, or under the control or management of, the local council, or
the site of a work that is, or is proposed to be, constructed for the local council.
landholding means a holding that is owned by a person, or occupied by a person (either alone or together with some other person with whom he or she has an association of a kind prescribed by the regulations), being a holding that comprises—
a parcel of land that is separately valued under the Valuation of Land Act 1916, or
two or more such parcels that together form a single area of land (ignoring any division that arises merely because the land is transected by a road or river).
Local Land Services means the body corporate with that name established under the Local Land Services Act 2013.
local water utility means—
a water supply authority, or
a council or county council exercising water supply functions under Division 2 of Part 3 of Chapter 6 of the Local Government Act 1993, or
a registered operator within the meaning of the Water Industry Competition Act 2006.
major utility means a person or body referred to in Schedule 2.
management committee means a committee referred to in section 12.
management plan means a plan referred to in section 15 and, in relation to any land that is not within a water management area, or is within a water management area for which there is no relevant management plan, includes a Minister’s plan.
metering equipment includes any device used for or in connection with measuring the flow of water and any ancillary wiring, pipework, telemetry equipment or apparatus and any supporting structure.
Ministerial action, in relation to an access licence or holding in an access licence means the following—
the grant of an access licence under section 63, 63A or 63B,
the issue of a replacement access licence (within the meaning of Schedule 10) arising from the operation of that Schedule,
the amendment or revocation of the conditions of an access licence under sections 66–68,
the grant of an access licence under section 8C or the imposition, revocation or amendment of an adaptive environmental water condition under section 8B, 8C or 8D,
the amendment of the share or extraction component of an access licence under section 68A or 68B,
the amendment of the share component of a specific purpose access licence or the withdrawal of the nomination of a work under section 68A,
the surrender of an access licence under section 77,
the cancellation of an access licence under section 77A,
the suspension or cancellation of an access licence under section 78,
the compulsory acquisition of an access licence under section 79,
any other action in relation to an access licence or holding in an access licence prescribed by the regulations.
Ministerial Corporation means the Water Administration Ministerial Corporation constituted by section 371.
Minister’s plan means a plan referred to in section 50.
monetary benefit means a monetary, financial or economic benefit.
native title holder, in relation to any waters, means a person who holds native title rights in relation to those waters pursuant to a determination under the Native Title Act 1993 of the Commonwealth.
native title rights means non-exclusive rights to take and use water for personal, domestic and non-commercial communal purposes (including the purposes of drinking, food preparation, washing, manufacturing traditional artefacts, watering domestic gardens, hunting, fishing and gathering and recreation, cultural and ceremonial purposes).
Natural Resources Commission means the Natural Resources Commission established under the Natural Resources Commission Act 2003.
NSW water tagging zone means a NSW water tagging zone established by the access licence dealing principles.
overland flow water —see section 4A.
owner of land means the only person who, or each person who jointly or severally, at law or in equity—
is entitled to the land for an estate of freehold in possession, or
is a person to whom the Crown has contracted to sell the land under the Crown Land Management Act 2016, or
is entitled to receive, or receives, or if the land were let to a tenant would be entitled to receive, the rents and profits of the land, whether as beneficial owner, trustee, mortgagee in possession or otherwise, and, in relation to land of the Crown other than land for which there is an owner under paragraph (b) or (c), means the Crown.
principles of ecologically sustainable development means the principles of ecologically sustainable development described in section 6 (2) of the Protection of the Environment Administration Act 1991.
private water corporation means a private water corporation constituted under Part 2 of Chapter 4.
private water trust means a private water trust referred to in Part 4 of Chapter 4.
public authority means—
a Minister of the Crown, or
a Public Service agency, or
a statutory body representing the Crown, or
a statutory State owned corporation (or any of its subsidiaries) within the meaning of the State Owned Corporations Act 1989, or
a council or county council within the meaning of the Local Government Act 1993, but does not include any person or body declared by the regulations not to be a public authority.
record, in relation to the Access Register, includes amend, cancel or omit.
registered means registered in the Access Register.
regulated river means a river that is declared by the Minister, by order published in the Gazette, to be a regulated river.
Editorial note.
For orders pursuant to this definition see Gazettes No 264 of 27.12.2002, p 11119, No 45 of 14.2.2003, p 1664, No 49 of 21.2.2003, pp 2504, 2506, 2508; No 52 of 26.2.2003, pp 3135, 3140; No 110 of 1.7.2004, pp 5482, 5484, 5486, 5488, 5490, 5494, 5500, 5502; No 179 of 12.11.2004, p 8461; No 82B of 26.6.2007, p 3913; No 79 of 29.5.2009, p 2491; No 135 of 17.12.2010, p 5902; No 19 of 15.2.2012, p 417; No 92 of 14.9.2012, p 3955 and No 56 of 1.7.2016, p 1918. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality.
regulated river supplementary water access licence means a supplementary water access licence (including a subcategory of such a licence) that entitles its holder to shares of water from a water source that is a regulated river.
Regulator means the Natural Resources Access Regulator constituted by the Natural Resources Access Regulator Act 2017, section 4.
related body corporate and related entity have the same meaning as in the Corporations Act 2001 of the Commonwealth.
related person, of a corporation for an underlying matter, means the following—
a person who is, or at the time of the commission of the underlying matter was, a director of, or involved in the management of the affairs of, the corporation,
a related entity,
a person who is, or at the time of the commission of the underlying matter was, a director of, or involved in the management of the affairs of, a related body corporate.
river includes—
any watercourse, whether perennial or intermittent and whether comprising a natural channel or a natural channel artificially improved, and
any tributary, branch or other watercourse into or from which a watercourse referred to in paragraph (a) flows, and
anything declared by the regulations to be a river, whether or not it also forms part of a lake or estuary, but does not include anything declared by the regulations not to be a river.
Secretary means the Secretary of the Department.
security holder, in relation to an access licence or holding in an access licence, means the holder of a registered security interest over the licence or holding.
security interest over an access licence or holding in an access licence means a mortgage or charge over, or other arrangement of a kind prescribed by the regulations in respect of, the licence or holding, that secures the payment of a debt or performance of some other obligation under a contract or other legally enforceable arrangement.
seized thing, for Chapter 7, Part 2, Division 3A—see section 339H.
specific purpose access licence means—
a major utility access licence, or
a local water utility access licence, or
a domestic and stock access licence, or
an access licence of a subcategory of access licence, or
an access licence of a type that is declared by the regulations to be a specific purpose access licence.
State government policy means policy of the Government of New South Wales.
State’s water rights means the rights referred to in section 392 (1).
statutory body means a corporation that is incorporated by or under an Act, other than—
a company within the meaning of the Corporations Act 2001 of the Commonwealth, and
a society within the meaning of the Co-operative Housing and Starr-Bowkett Societies Act 1998 or a co-operative within the meaning of the Co-operatives National Law (NSW), or
an incorporated association within the meaning of the Associations Incorporation Act 2009.
the court, for Chapter 7, Part 3A—see section 353.
the offender, for Chapter 7, Part 3A—see section 353.
Tier 1, 2 or 3 offence means an offence that is punishable by a Tier 1, 2 or 3 penalty, as the case may be.
Tier 1, 2 or 3 penalty —see section 363B.
underlying matter means—
the proven commission by a corporation of an offence under this Act or the regulations, or
the proven contravention by a corporation of a civil penalty provision under this Act or the regulations.
unregulated river means a river that is not a regulated river.
use a water management work means—
in relation to a water supply work—
to operate the work for any purpose referred to in paragraph (a), (b) or (c) of the definition of water supply work, or
to allow the work to operate for that purpose, or
in relation to a drainage work—
to operate the work for the purpose of draining water from land, or
to allow the work to operate for that purpose, or
in relation to a flood work—
to operate the work for the purpose of influencing the flow of floodwater in the vicinity of the land on which the work is situated, or
to allow the work to operate for that purpose.
water allocation means the water to which the holder of an access licence is entitled from time to time under the licence, as recorded in the water allocation account for the licence.
water allocation account for an access licence means the account for the licence referred to in section 85 (1).
water bore means a bore—
for the purpose of finding an aquifer, or
for the purpose of testing the production capacity or water quality of an aquifer, or
for the purpose of taking water from, or discharging anything into, an aquifer, or
for any other purpose prescribed by the regulations, being a bore that has been artificially created, widened, lengthened or modified by means of drilling, boring, augering, digging or jetting.
water management area means an area of land that is constituted as a water management area by an order in force under section 11.
water management principles means water management principles referred to in section 5.
water management work means a water supply work, a drainage work or a flood work, and includes any part of such a work.
water management work approval means a water supply work approval, a drainage work approval or a flood work approval.
water return flow rules means rules established under section 75 for the regaining of water allocations under an access licence.
water source means the whole or any part of—
one or more rivers, lakes or estuaries, or
one or more places where water occurs on or below the surface of the ground (including overland flow water flowing over or lying there for the time being), and includes the coastal waters of the State.
water supply authority means a water supply authority referred to in Schedule 3.
water supply work means—
without limiting paragraphs (b)–(g), a work (such as a water pump or water bore) for the purpose of taking water from a water source, or
a work (such as a tank or dam) for the purpose of capturing or storing water, or
a work (such as a water pipe or irrigation channel) for the purpose of conveying water to the point at which it is to be used, or
any work (such as a bank or levee) that has, or could have, the effect of diverting water flowing to or from a water source, or
any work (such as a weir) that has, or could have, the effect of impounding water in a water source, including a reticulated system of such works, and includes all associated pipes, sluices, valves, metering equipment and other equipment, but does not include—
any work (other than a water supply work under the control or management of the Sydney Water Corporation, the Hunter Water Corporation or a local water utility) that receives water from a water supply work under the control or management of the Sydney Water Corporation, the Hunter Water Corporation or a local water utility, or
any work declared by the regulations not to be a water supply work.
water supply work approval means an approval referred to in section 90 (2).
water use approval means an approval referred to in section 89.
waterfront land means—
the bed of any river, together with any land lying between the bed of the river and a line drawn parallel to, and the prescribed distance inland of, the highest bank of the river, or
the bed of any lake, together with any land lying between the bed of the lake and a line drawn parallel to, and the prescribed distance inland of, the shore of the lake, or
the bed of any estuary, together with any land lying between the bed of the estuary and a line drawn parallel to, and the prescribed distance inland of, the mean high water mark of the estuary, or
if the regulations so provide, the bed of the coastal waters of the State, and any land lying between the shoreline of the coastal waters and a line drawn parallel to, and the prescribed distance inland of, the mean high water mark of the coastal waters, where the prescribed distance is 40 metres or (if the regulations prescribe a lesser distance, either generally or in relation to a particular location or class of locations) that lesser distance. Land that falls into 2 or more of the categories referred to in paragraphs (a), (a1) and (a2) may be waterfront land by virtue of any of the paragraphs relevant to that land.
This provision refers to the regulations (prescribed by the regulations
, declared by the regulations
, the regulations
). Made under this Act:
- Gumly Gumly Private Irrigation District Board of Management (General) By-law 1997 · Regulation
- Hay Private Irrigation District Board of Management (Water Rights) By-law 1999 · Regulation
- Moira Board of Management (General) By-law 1989 · Regulation
8 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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