Water Management Amendment Act 2018

This Act is the Water Management Amendment Act 2018.

This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2).

Schedules 1 [1]–[7], [9]–[25], [28], [30], [31], [34]–[36], [38]–[42], [45]–[51], [53], [54], [56]–[59], [61]–[70], [73]–[76], [78]–[80], [85], [88]–[90], [92] (except to the extent that it inserts the definition of individual daily extraction component), [93]–[96], 2.1–2.3 and 2.5 commence on the date of assent to this Act.

The Minister may authorise the publication of the following information about a water source on a publicly accessible website approved by the Minister—

whether or not water can be taken by access licence holders from a particular part of the water source on a particular day or at a particular time on a particular day in accordance with an applicable management plan, a particular condition of an access licence or any other specified requirement of or under this Act,

the amount of water that can be taken from a particular part of the water source on a particular day or at a particular time on a particular day, in accordance with an applicable management plan, a particular condition of an access licence or any other specified requirement of or under this Act,

information relating to water flows and levels of a particular part of a water source, including gauge readings and other measurements, on a particular day or at a particular time on a particular day.

For the purposes of this Act, a person is taken to be permitted to take water in accordance with a management plan or a condition of an access licence if the person—

is entitled to take water under that plan or licence, and

takes water in accordance with information published under this section.

This section does not—

permit a person to take water if to do so would contravene a condition of an access licence that is not the subject of information published under this section, or

prevent a person from taking water if the person is otherwise permitted to do so under an access licence or by or under this Act.

The regulations may make provision for or with respect to the transfer of the ownership of metering equipment and associated property, rights, assets and liabilities from Water NSW or the Ministerial Corporation to holders of approvals or other persons.

Without limiting subsection (1), the regulations may make provision for or with respect to the following—

matters that are ancillary to any such scheme,

the removal of metering equipment where a transfer offer is not taken up.

The regulations may make provision for or with respect to a scheme to facilitate consultation and negotiations with owners and occupiers of land, and other persons, who may be affected by proposed releases of water for environmental purposes.

Without limiting subsection (1), the regulations may make provision for or with respect to the following—

the circumstances in which the scheme will apply,

notification of proposed releases,

mediation of disputes, in cases where agreement is required to resolve legal or other issues relating to a proposed release.

[1]-[36] (Repealed)

Insert after section 87C—

87D Information about rights to take water from water sources

The Minister may authorise the publication of the following information about a water source on a publicly accessible website approved by the Minister—

whether or not water can be taken by access licence holders from a particular part of the water source on a particular day or at a particular time on a particular day in accordance with an applicable management plan, a particular condition of an access licence or any other specified requirement of or under this Act,

the amount of water that can be taken from a particular part of the water source on a particular day or at a particular time on a particular day, in accordance with an applicable management plan, a particular condition of an access licence or any other specified requirement of or under this Act,

information relating to water flows and levels of a particular part of a water source, including gauge readings and other measurements, on a particular day or at a particular time on a particular day.

For the purposes of this Act, a person is taken to be permitted to take water in accordance with a management plan or a condition of an access licence if the person—

is entitled to take water under that plan or licence, and

takes water in accordance with information published under this section.

This section does not—

permit a person to take water if to do so would contravene a condition of an access licence that is not the subject of information published under this section, or

prevent a person from taking water if the person is otherwise permitted to do so under an access licence or by or under this Act.

[38]-[70] (Repealed)

Insert at the end of section 367 (2) (v)—

or

information specified in the certificate was, or was not, published under section 87D on a website approved by the Minister, or

water flows or levels of a particular part of a specified water source, or gauge readings or other specified measurements in relation to a particular part of a specified water source, were as specified in information published under section 87D, or

water was or was not taken in accordance with information published under section 87D, or

a quantity of water taken was determined by the Minister in accordance with section 60G (3),

Insert after section 367B (1) (e)—

the fact that water is being or has been taken from a water source by the holder of an access licence gives rise to a rebuttable presumption that the water was not taken pursuant to a basic landholder right, and

[73]-[81] (Repealed)

Insert after section 398 (2)—

The Crown is not subject to any action, liability (including liability for defamation), claim or demand arising as a consequence of anything done under or for the purposes of section 391B or a regulation made under that section.

Note.

The liability of other persons for any such thing is dealt with under section 397.