Minister may exempt public authorities during drought
65 Minister may exempt public authorities during drought
For the Act, section 113B, a public authority may apply to the Minister for an exemption from section 91B(1) in relation to the construction or use of a water supply work, or both.
The Minister may exempt a public authority, by written notice to the authority, if—
the public authority has made an application for the exemption, and
the Minister is satisfied that—
conditions of drought exist, and
the exemption is in the public interest.
An exemption remains in force for—
the period specified in the exemption notice, or
if no period is specified in the exemption notice—1 year after the day on which the exemption is granted.
The exemption is subject to the condition that the public authority give written notice to the Minister, within the relevant period, of the following—
the plans for the water supply work, including whether or not the authority intends to continue to use the work after the exemption expires,
if the authority intends to stop using the water supply work on or before the expiry of the exemption—
the date on which the authority will stop using the work, and
the authority’s plans for the work after the authority stops using the work,
Examples—
capping, decommissioning or removing the work
if the authority intends to continue using the water supply work after the exemption expires—whether the authority intends to—
apply to extend the period of the exemption, or
rely on another exemption, under the Act or this regulation, from the requirement to obtain an approval for the work, or
apply for a water supply work approval for the work.
The exemption is also subject to the condition that the public authority must maintain the water supply work or otherwise decommission the work.
Maximum penalty—20 penalty units.
Despite subsection (5), the exemption is subject to the condition that if the water supply work is a weir, the public authority must decommission the weir as soon as reasonably practicable after the conditions of drought for which the exemption was granted no longer exist.
Maximum penalty—20 penalty units.
The conditions under subsections (5) and (6) continue to apply after the expiry of the exemption as a requirement on the public authority.
The Minister may, by written notice to a public authority, impose other conditions on the exemption, including conditions relating to the following—
the location of the water supply work,
the water source from which water will be taken by the water supply work,
the construction standards with which the water supply work must comply,
the maximum size of the water supply work,
reporting requirements on completion of the construction of the water supply work.
The Minister may, by written notice to a public authority, vary or revoke an exemption or a condition imposed on an exemption.
The Minister may, by written notice to the public authority, extend the duration of the exemption for a period specified in the notice, if—
the public authority has applied to the Minister for the extension, and
the Minister is satisfied—
conditions of drought continue to exist, and
the extension is in the public interest.
The Minister may, by written notice, direct the public authority to maintain or decommission the work the subject of the exemption in accordance with subsection (5) or (6).
The public authority must comply with the direction under subsection (11).
Maximum penalty—20 penalty units and, for a continuing offence, a further 20 penalty units for each day the offence continues.
In this section—
public authority does not include Landcom or the Superannuation Administration Corporation or their subsidiaries.
relevant period means—
the period specified in the exemption notice, or
if no period is specified in the notice—no later than 3 months before the day on which the exemption expires.
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