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.

Schedule 1, in their application to the Territory as laws of the

Territory, are repealed.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:

(2) In addition, hydraulic fracturing waste includes a substance or a class of substances prescribed by regulation.

(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:

(B) an Aboriginal and Torres Strait Islander Corporation established under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth);

(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.

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

to be a waterway for the purposes of this Act.

(2) The Minister shall not make a declaration under subsection (1) unless:

(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:

(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:

to pay the amount of compensation specified by the Minister to another person who:

(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.

Environment Protection Act 2019.

Act except in accordance with this Act or as authorised by a delegation under this Act or a direction given by the Minister.

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.

(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.