s 1Short title
This Act may be cited as the Water Act 1992.
This Act may be cited as the Water Act 1992.
The various provisions of this Act shall come into operation on such dates as are respectively fixed by the Administrator by notice in the
Gazette in relation to those provisions.
The Acts of the State of South Australia specified in Part A of
Schedule 1, in their application to the Territory as laws of the
Territory, are repealed.
The Act and Ordinances specified in Part B of Schedule 1 are repealed.
(1) Hydraulic fracturing waste is any of the following that is leftover from, surplus to or an unwanted by-product of hydraulic fracturing, whether it has been treated or is untreated:
a solid, liquid or gas;
a mixture of those substances.
(2) In addition, hydraulic fracturing waste includes a substance or a class of substances prescribed by regulation.
Eligible land means the following:
(a) Aboriginal land as defined in section 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth);
(b) land in relation to which, under the Native Title Act 1993 (Cth), a determination of native title was made that native title rights and interests to possess, occupy, use and enjoy land and waters to the exclusion of all others exist on the land and those rights and interests were not subsequently extinguished;
(c) freehold land, land held under a lease in perpetuity or land held under a lease for a term that expires on or after the expiry of the water allocation plan:
if the title holder of the land or lease is one of the following:
an incorporated association under the Associations Act 2004;
(B) an Aboriginal and Torres Strait Islander Corporation established under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth);
a trust established under a law of the Territory; and
to which at least one of the following applies:
(A) the land or lease is granted under a law of the Territory as part of the settlement of a land claim under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth);
(B) the title to the land or lease is expressly held by or for the benefit of Aboriginal people and a law of the Territory or a law of the Commonwealth imposes a restriction on the use, occupation or any dealing with the land for the purpose of ensuring the title to the land or lease is held by or for the benefit of Aboriginal people.
In this section:
lease does not include a sublease.
(1) The Minister may, by notice in the Gazette, declare any land not already a waterway:
(a) over which water collects or flows, whether or not the collection or flow is continuous; or
adjacent to land that is otherwise a waterway,
to be a waterway for the purposes of this Act.
(2) The Minister shall not make a declaration under subsection (1) unless:
the Minister is satisfied that:
(i) the declaration has been applied for by a person who, if the land were a waterway, would have the right to take and use water from it under section 10 or 11;
(ii) the applicant has caused notice of the application to be published in a newspaper circulating generally in the area in which the land is situated; and
(iii) the applicant has caused notice of the application to be given or sent by post to:
the owner and the lawful occupier of the land;
(B) the council of the municipality in which the land is situated, if it is situated in a municipality; and
(C) the responsible authority in relation to a planning area, if any, in which the land is situated; and
(b) the Minister has considered all submissions on the application made within 40 business days after the publication or giving of notice of the application under paragraph (a)(ii) or (iii), whichever is the later.
(3) The Minister may require further information in relation to an application to be provided by the applicant.
(4) A copy of a request made under subsection (3) shall be given or sent by post to all persons who, in the opinion of the Minister, are affected by the request.
(5) The Minister may, in writing, as a condition precedent to the Minister making a declaration under subsection (1), require a person who:
owns land on the declared waterway; or
who will benefit from the declaration,
to pay the amount of compensation specified by the Minister to another person who:
owns land on the declared waterway; or
will suffer detriment as a result of the declaration.
(6) The Minister may, by notice in the Gazette, declare coastal waters of the Territory (within the meaning of the Coastal Waters (Northern Territory Powers) Act 1980 of the Commonwealth), to be tidal water for the purposes of this Act.
This Act binds the Crown, not only in right of the Territory but, to the extent that the legislative power of the Legislative Assembly so permits, in all its other capacities.
Section 16 does not apply to waste that comes into contact with water, or water that is polluted, if the contact or pollution occurs in the course of carrying out a mining activity which is authorised under an environmental (mining) licence under the
Environment Protection Act 2019.
Section 16 does not apply to waste that comes into contact with water, or water that is polluted, if:
the contact or pollution occurs in the course of carrying out a petroleum activity; and
the waste or polluted water is confined within the petroleum site on which the activity is being carried out.
Part 6, Division 5 applies to the disposal underground of waste in the course of carrying out a petroleum activity on a petroleum site if the waste is not confined within the petroleum site.
A local government council or a prescribed statutory authority or body must not exercise functions relevant to the purposes of this
Act except in accordance with this Act or as authorised by a delegation under this Act or a direction given by the Minister.
The Minister may give written directions to a local government council or a prescribed statutory authority or body in regard to the exercise of functions to which subsection (1) applies.
Part IIAA of the Criminal Code applies to an offence against this
Act, other than an offence against section 16, 62, 64, 65, 76 or 97.
Note for section 8A
Part IIAA of the Criminal
Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
Part 2 General provisions relating to natural water, pollution and hydraulic fracturing waste
Division 1 Rights related to water and waterways
In this Division, water means:
the water flowing or contained in a waterway; or
groundwater.
(2) Subject to this Act, the property in and the rights to the use, flow and control of all water in the Territory is vested in the Territory and those rights are exercisable by the Minister in the name of and on behalf of the Territory.
Subject to section 99, a person may take water for domestic purposes, or for watering travelling stock, from a waterway.
Nothing in subsection (1) shall be construed as authorising a person to enter or remain on land to which the person does not otherwise have legal access.
Showing the first 12 of 188 provisions. See all provisions