Australian Capital Territory Numbered Acts

WATER RESOURCES ACT 1998 (NO. 63 OF 1998) - SECT 81

(1)     Section 33 does not apply to a person who, immediately before 1 May 1998, was taking water from a waterway or bore until—

        (a)     the expiration of 12 months after the commencement of this section; or

        (b)     subject to subsection (3), the person taking the water is granted or refused the grant of a licence under Part VII;

whichever occurs first.

(2)     If the Authority—

        (a)     refuses to grant a licence under section 35; or

        (b)     grants a licence subject to conditions;

section 77 does not apply to the person referred to in paragraph (1) (b) until the expiration of the day on which the applicant is notified of the decision in accordance with that section.

(3)     Where a person is granted a licence pursuant to subsection (2), then, except in the case of ground water under land the subject of a lease of Territory Land granted before the commencement of this section, it is to be taken to be a condition of the allocation to which the licence relates that the allocation of water is for use for the purpose for which, and at the location in relation to which, the licence was granted.

(4)     Subsections 28 (4) and (7) do not apply to an allocation referred to in subsection (3).

(5)     In the case of a dispute in relation to a water allocation referred to in subsection (3), a party to the dispute may refer the dispute to arbitration.

(6)     For the purposes of paragraph (1) (b), in deciding whether or not to grant a licence under Part VII, the Authority may, by notice in the Gazette , require each lessee or occupier of land on which a bore or water control structure is situated from which water is or is capable of being taken, to give to the Authority, within such period as is specified in the notice—

        (a)     in the case of a bore—

              (i)     the location of each bore and its depth; and

              (ii)     the volume of water taken from each bore and the volume of water each bore produces;

        (b)     in the case of a waterway—

              (i)     the volume of water taken from the waterway; and

              (ii)     the manner in which the water is taken; and

        (c)     such other information as is specified in the notice.

(7)     A person shall not, without reasonable excuse, contravene a requirement made under subsection (6).

Penalty:

        (a)     if the offender is a natural person—50 penalty units;

        (b)     if the offender is a body corporate—250 penalty units.