1Citation
These regulations may be cited as the Rights in Water and Irrigation Regulations 2000 1.
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Bill homepageThese regulations may be cited as the Rights in Water and Irrigation Regulations 2000 1.
These regulations come into operation on the same day as the Rights in Water and Irrigation Amendment Act 2000 comes into operation.
In these regulations, unless the contrary intention appears —
Act means the Rights in Water and Irrigation Act 1914;
approved means approved in writing by the Minister;
Department means the department of the Public Service assisting in the administration of the Act;
form means a form set out in Schedule 3;
licence means a licence under section 5C;
permit means a permit referred to in section 11(2), 17(1) or (3) or 21A(1)(a);
section means a section of the Act.
[Regulation 3 amended: Gazette 5 Sep 2006 p. 3623; 22 Jun 2007 p. 2878 (disallowed: Gazette 27 Nov 2007 p. 5910); 28 Dec 2007 p. 6425 (disallowed: Gazette 11 Apr 2008 p. 1396); 23 Jun 2009 p. 2495.]
An application for a permit must be —
made to the Minister in a form specified for that purpose by the Minister; and
accompanied by, or include, those plans or other information that are stated in the form to be required; and
accompanied by the fee (if any) worked out in accordance with Part 7.
An applicant for a permit must provide the Minister with any further information that the Minister may require.
[Regulation 4 amended: Gazette 22 Jun 2007 p. 2878 (disallowed: Gazette 27 Nov 2007 p. 5910); 28 Dec 2007 p. 6425 (disallowed: Gazette 11 Apr 2008 p. 1396); 23 Jun 2009 p. 2495; 30 Oct 2018 p. 4337.]
The Minister may determine that an application, if granted, will be of sufficient impact on a water resource that it is desirable that it be publicly notified.
Where the Minister makes such a determination, the Minister is, by written notice given to the applicant, to inform the applicant of the determination and that the applicant is to arrange for there to be published in either or both of the following —
a newspaper circulating daily in the State;
a newspaper circulating in the locality to which the application relates,
notice in accordance with subregulation (3).
A notice is to be in a form approved and is to state —
that an application for a permit has been made;
the section to which the permit relates;
such details of the application as are necessary to identify the relevant water resource;
a brief description of the ambit of the permit applied for; and
that interested persons may within the time specified in the notice (which is to be not less than 14 days after the publication of the notice) make written submissions to the Minister regarding the application.
[Regulation 5 amended: Gazette 23 Jun 2009 p. 2495.]
This regulation applies where the Minister proposes —
to refuse an application for a permit; or
to grant, or to undertake to grant, a permit subject to the inclusion of a term, condition or restriction that the Minister considers is inconsistent with the terms of the application.
The Minister is to notify the applicant —
of the proposal; and
that the applicant has a right to be heard by, or to make written submissions to, the Minister before the Minister makes a decision on the application.
Written submissions may be made by the applicant, as mentioned in subregulation (2)(b), within 30 days after the applicant is given notice under that subregulation.
[Regulation 6 amended: Gazette 23 Jun 2009 p. 2495 and 2497.]
The grant or refusal of an application for a permit and the terms, conditions and restrictions to be included in the permit are, subject to regulation 8, at the discretion of the Minister.
In exercising that discretion the Minister is to have regard to all matters that the Minister considers relevant, including whether the proposal for which the permit is sought —
is in the public interest;
is ecologically sustainable;
is environmentally acceptable;
may prejudice current and future needs for water;
would, in the opinion of the Minister, have a detrimental effect on another person;
could be undertaken in another way;
is in keeping with —
local practices;
a relevant local by‑law;
a plan approved under Part III Division 3D Subdivision 2 of the Act; or
relevant previous decisions in relation to such applications;
or
is consistent with —
land use planning instruments;
the requirements and policies of other government agencies; or
any intergovernmental agreement or arrangement.
The Minister is not to have regard to the safety of —
the design; or
the method of construction, or operation,
of the works, or action, that would be authorised by the permit.
The Minister is to have regard to any submissions under regulations 5(3)(e) and 6(3) before making the final decision.
The Minister may refuse to grant a permit to a person on the ground that the person has been convicted of an offence against a relevant Act.
The Minister may refuse to grant a permit to a person if not satisfied that the person has the resources, including the financial resources, to carry out the activities to which the permit relates.
[Regulation 7 amended: Gazette 23 Jun 2009 p. 2495-6 and 2497.]
The Minister must refuse to grant a permit to a person if the Minister considers that the person would not be willing or able to comply with the terms, conditions and restrictions that would be included in the permit.
If the Minister would grant a permit to an applicant if the applicant satisfies the Minister as to a matter, relevant to the grant of a permit under this Part, specified by the Minister, the Minister may undertake to grant the permit to the person if the person so satisfies the Minister within the term specified in the undertaking.
[Regulation 8 amended: Gazette 23 Jun 2009 p. 2495‑6 and 2497.]
9. Minister to notify applicant of decision etc.
The Minister is to notify the outcome of the application and the terms, conditions and restrictions to be included in the permit to —
the applicant; and
if the application was publicly notified under regulation 5, to any person who made a submission under that regulation.
If the Minister —
refuses the application; or
grants, or undertakes to grant, the application subject to the inclusion of a term, condition or restriction that the Minister considers is inconsistent with the terms of the application,
the Minister is to notify the applicant of the reasons for the decision.
[Regulation 9 amended: Gazette 23 Jun 2009 p. 2495‑6.]
A permit may be granted for —
a fixed period of time; or
an indefinite duration,
as stated in the permit.
A permit for an indefinite duration continues in force until it is —
suspended or cancelled under regulation 13; or
surrendered under regulation 15.
The holder of a permit may apply to the Minister at any time for amendment of the permit.
Regulations 4, 6, 7, 9, 10, 17, and 18 apply, with all necessary modifications, to an application under subregulation (1) as if it were an application for the grant of a permit.
An application under subregulation (1) is to be accompanied by the permit.
[Regulation 11 amended: Gazette 23 Jun 2009 p. 2495‑6.]
The Minister may, subject to this regulation and regulation 14, by notice in writing given to a permit holder —
vary the duration of the permit;
vary or remove any term, condition or restriction included in the permit; or
include any new term, condition or restriction in the permit.
The Minister may only exercise a power described in subregulation (1) in relation to a permit if —
the permit holder consents to the Minister doing so;
in the opinion of the Minister, the exercise of the power is necessary or desirable —
due to the detrimental effect of actions authorised by the permit on another person;
to protect the water resource to which the permit relates from unacceptable damage; or
to protect the associated environment from unacceptable damage;
[(c) deleted]
in the opinion of the Minister, the exercise of the power is necessary or desirable —
in the public interest; or
to more effectively manage the use of the water resource;
in the opinion of the Minister, the exercise of the power is necessary to prevent a serious inconsistency arising as a result of —
the approval of a plan, or the alteration, revocation or substitution of a plan, under Part III Division 3D Subdivision 2 of the Act; or
the making, amendment or repeal of relevant local by‑laws;
the permit holder is convicted of an offence against a relevant Act;
in the opinion of the Minister, the exercise of the power is necessary to comply with another written law of the State or a law of the Commonwealth; or
the permit confers authority for the Minister to do so.
At the written request of the Minister, the permit holder is to give the permit to the Minister for amendment.
[Regulation 12 amended: Gazette 17 Dec 2002 p. 5912; 23 Jun 2009 p. 2495‑6.]
The Minister may, subject to this regulation and regulation 14, by notice in writing given to a permit holder —
suspend a permit —
for a fixed period specified in the notice; or
until such time as the permit holder is notified by the Minister that the suspension no longer applies;
or
cancel a permit.
The Minister may only exercise a power described in subregulation (1) in relation to a permit if —
in the opinion of the Minister, the exercise of the power is necessary or desirable —
due to the detrimental effect of actions authorised by the permit on another person;
to protect the water resource to which the permit relates from unacceptable damage; or
to protect the associated environment from unacceptable damage;
in the opinion of the Minister, the exercise of the power is necessary due to a serious inconsistency, which cannot be resolved by an amendment under regulation 12, arising as a result of —
the approval of a plan, or the alteration, revocation or substitution of a plan, under Part III Division 3D Subdivision 2 of the Act; or
the making, amendment or repeal of relevant local by‑laws;
the permit holder —
is convicted of an offence against a relevant Act; or
has contravened or failed to comply with any term, condition or restriction included in the permit;
in the opinion of the Minister, the exercise of the power is necessary to comply with another written law of the State or a law of the Commonwealth;
in the opinion of the Minister, the exercise of the power is necessary or desirable in the public interest; or
the permit confers authority for the Minister to do so.
The suspension or cancellation of a permit has effect to suspend or cancel the rights and privileges conferred by the permit but does not affect the duties imposed by the permit.
A permit holder must, within 7 days of receiving notice under subregulation (1) that the permit is suspended or cancelled give the permit to the Minister —
to be annotated in accordance with subregulation (3) if any duties are imposed by the permit; or
if no duties are imposed by the permit and the permit is —
suspended, to be retained by the Minister until the suspension no longer applies; or
cancelled, to be retained by the Minister.
Penalty: $2 000.
[Regulation 13 amended: Gazette 23 Jun 2009 p. 2495‑6.]
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