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This is a Bill, not an Act. For current law, see the Acts databases.
2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment, Climate Change and Water)
Contents
Page
Part 1.1 Magistrates Court (Water Resources Infringement Notices) Regulation 2007 13
Part 1.2 Water Resources Regulation 2007 13
2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment, Climate Change and Water)
Water Resources Amendment Bill 2010
A Bill for
An Act to amend the Water Resources Act 2007,
and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Water Resources Amendment Act 2010.
This Act commences on a day fixed by the Minister by written notice.
Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
This Act amends the Water Resources Act 2007.
Note This Act also amends other legislation (see sch 1).
insert
7A Application of Act to national land and Googong Dam Area
(1) For this Act, the water resources of the Territory include—
(a) surface water and ground water on national land; and
(b) the surface water of the Googong Dam Area.
Note 1 Under the Australian Capital Territory (Planning and Land Management Act) 1988 (Cwlth), the Territory is responsible for the management or regulation, or both, of the taking of water on national land (see that Act, s 29 (1) (c)).
Note 2 Under the Water Act 2007 (Cwlth), the surface water of the Googong Dam Area is to be treated as if it were in the ACT (see that Act, s 63A) and the Territory is responsible for the water resource plan for that area (see that Act, s 22 (1) (Content of Basin Plan), table item 2 and div 2 (Water resource plans for particular water resource plan areas)).
(2) In this section:
Googong Dam Area—see the Canberra Water Supply (Googong Dam) Act 1974 (Cwlth), section 3.
5 Water access
entitlement—transfer
Section 26 (2) (a)
substitute
(a) the intended use of the water and the place it is proposed to be used is—
(i) consistent with the conditions of the entitlement; and
(ii) either—
(A) consistent with the Territory plan; or
(B) approved by the authority responsible for water management in the State or Territory where the water is to be used; and
6 Licence to take
water—requirement
Section 28 (1) to (5)
relocate as section 77A (1) to (5)
insert
(1) A person must not take water from a place if the person does not have a licence to take the water from the place.
omit
This section does not apply to—
substitute
However, a licence is not required for—
substitute
33 Offences—do bore work without licence
relocate as section 77B (1)
insert
33 Driller’s licence—requirement
A person must not do bore work if the person does not have a driller’s licence to do the bore work.
12 Bore work
licence—requirement
Section 37 (1) and (2)
relocate as section 77B (2) and (3)
insert
(1) A person who is the owner or occupier of land must not allow bore work to be done on the land if the person does not have a bore work licence for the bore work.
14 Bore work licence—decision on
application
Section 39 (2) (a)
substitute
(a) either—
(i) the bore work is for a monitoring bore; or
(ii) the applicant holds a water access entitlement or surviving allocation for ground water to be taken from the bore; and
omit
grant
substitute
issue
insert
(3) In this section:
monitoring bore means a bore that—
(a) enters an aquifer; and
(b) is used to monitor the depth and fluctuations of depth in the aquifer.
17 Waterway work
licence—requirement
Section 42 (1)
relocate as section 77C (1)
insert
(1) A person must not do waterway work if—
(a) the work adversely affects, or may adversely affect, the flow or quality of water, or the aquatic habitat, in the waterway; and
(b) the person does not have a waterway work licence for the waterway work.
omit
This section does not apply to
substitute
However, a waterway work licence is not required for
substitute
47 Offence—do work without recharge licence
relocate as section 77D
insert
47 Recharge licence—requirement
A person must not construct, operate or alter works for the purpose of increasing the quantity of ground water if the person does not have a recharge licence for the work.
23 Offence—failing to produce
licence
Section 57
relocate as section 77E
24 Offence—contravening licence
conditions
Section 58
relocate as section 77F
insert
58 Licence conditions—requirement
The holder of a licence must comply with a condition of the licence.
26 Offences—contravening certain
conditions of licence to take water
Section 59
relocate as section 77G
27 Notice prohibiting or restricting
taking of water
Section 71 (6) and penalty
substitute
(6) A person must comply with a prohibition or restriction under a notice under this section.
28 Direction to modify or remove water
structure
Section 72 (2) and penalty
substitute
(2) A person must comply with a direction given to the person under this section.
29 Direction to rectify effect of
unauthorised activity etc
Section 73 (3)
omit
may
substitute
must
substitute
(4) A person must comply with a direction given to the person under this section.
31 Direction to prevent or rectify
damage to bed or bank of waterway
Section 74 (3)
omit
may
substitute
must
substitute
(4) A person must comply with a direction given to the person under this section.
33 Directions in relation to unlicensed
taking of surface water
Section 75 (3) and penalty
substitute
(3) A person must comply with a direction given to the person under this section.
34 Directions in relation to
bores
Section 76 (3)
omit
may
substitute
must
substitute
(4) A person must comply with a direction given to the person under this section.
36 New part 9A and section 77A headings
insert
Part 9A Offences
77A Offences—take water without licence
insert
(6) This section does not apply if a licence is not required as mentioned in section 28 (2).
insert
(4) Subsections (2) and (3) do not apply to bore work that is exempt from the requirement for a bore work licence under a regulation.
insert
77C Offence—do waterway work without licence
insert
(2) This section does not apply if a waterway work licence is not required as mentioned in section 42 (2).
insert
77H Offence—contravene notice prohibiting or restricting taking of water
A person commits an offence if the person engages in conduct that contravenes a prohibition or restriction under a notice under section 71 (Notice prohibiting or restricting taking of water).
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
77I Offences—contravene directions
(1) A person commits an offence if the person engages in conduct that contravenes a direction given to the person under—
(a) section 72 (Direction to modify or remove water structure); or
(b) section 73 (Direction to rectify effect of unauthorised activity etc).
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2) A person commits an offence if the person engages in conduct that contravenes a direction given to the person under section 74 (Direction to prevent or rectify damage to bed or bank of waterway).
Maximum penalty: 100 penalty units.
(3) A person commits an offence if the person engages in conduct that contravenes a direction given to the person under—
(a) section 75 (Directions in relation to unlicensed taking of surface water); or
(b) section 76 (Directions in relation to bores).
Maximum penalty: 50 penalty units.
(4) An offence against subsection (3) (b) is a strict liability offence.
insert
• national land
Schedule 1 Consequential amendments
(see s 3)
Part 1.1 Magistrates Court (Water Resources Infringement Notices) Regulation 2007
[1.1] Schedule 1, items 1 to 7, column 2
substitute
|
77A (2)
|
|
77A (4)
|
|
77G (1)
|
|
77G (2)
|
|
77G (3)
|
|
77G (4)
|
|
77G (5)
|
Part 1.2 Water Resources Regulation 2007
substitute
6 Exemptions from requirement for licence to take water—Act, s 28 (2) (e)
substitute
10 Exemptions from requirement for bore work licence—Act, s 37 (2)
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2010.
2 Notification
Notified under the Legislation Act on 2010.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory 2010
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