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WATER RESOURCES ACT 2007 (NO. 19 OF 2007) - NOTES

Dictionary

(see s 3)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     environment protection authority

              •     function

              •     infringement notice.

"aquifer" means a geological formation or structure, or an artificial landfill, permeated or capable of being permeated (whether permanently or intermittently) with water.

"authorised officer" means an authorised officer under the Environment Protection Act 1997, section 14 (3).

"authority" means the environment protection authority.

"bore" means a bore, hole, well, excavation or other opening in the ground or an underground cavity (whether occurring naturally or having been artificially constructed or modified)—

        (a)     that is used, or is capable of being used, to intercept or collect ground water; or

        (b)     from which ground water is, or is capable of being, obtained or used; or

        (c)     that is used, or is capable of being used, for the disposal of water or waste below the surface of the ground; or

        (d)     that extends into an aquifer.

"bore work" means any of the following:

        (a)     drilling, constructing, altering, plugging, backfilling or sealing off a bore;

        (b)     removing, replacing, altering, slotting or repairing the casing, lining or screen of a bore;

        (c)     deepening a bore (in the course of construction or otherwise).

"bore work licence" means a licence under section 39.

"commencement day" means the day this Act commences.

"connected" with an offence, for part 10 (Enforcement)—see section 78.

"corresponding water access entitlement"—see section 27.

"disciplinary action"—see section 61.

"disciplinary notice"—see section 62.

"driller's licence" means a licence under section 35.

"engage" in conduct means—

        (a)     do an act; or

        (b)     omit to do an act.

"environmental flow guidelines" means environmental flow guidelines under section 12.

"environmental record", of a person, means the person's environmental record both in the ACT and elsewhere so far as it relates to water, and includes any action taken in relation to the person under—

        (a)     this Act or the repealed Act; or

        (b)     a licence issued under this Act or the repealed Act; or

        (c)     a law of the Commonwealth, a State or another Territory that relates to water.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

"flow", in relation to surface water and ground water, includes the discharge, release, escape or passage of the water.

"ground", for disciplinary action—see section 60.

"ground water"—see section 9.

"incorporated document "means an instrument applied, adopted or incorporated by a statutory instrument under this Act.

"land" includes a building or structure on land.

"licence" means a licence under this Act.

"licence to take water" means a licence under section 30.

"occupier", of premises, for part 10 (Enforcement)—see section 78.

"offence", for part 10 (Enforcement)—see section 78.

"owner", of land, includes the lessee of the land.

"premises", for part 10 (Enforcement)—see section 78.

"recharge licence" means a licence under section 49.

"register" means the register under section 66.

"repealed Act" means the Water Resources Act 1998.

Note     A reference to a repealed Act is a reference to the Act as in force immediately before it was repealed (see Legislation Act, s 103).

"reviewable decision"—see section 94.

"stock or domestic use" of water by a person means 1 or more of the following:

        (a)     use for the person, or the person's family or employees, for domestic purposes;

        (b)     use for drinking water for stock—

              (i)     not exceeding the number of stock normally depastured on the relevant land having regard to seasonal fluctuations in the carrying capacity of the land; and

              (ii)     not held in close concentration for a purpose other than grazing;

        (c)     use for irrigating a garden, not larger than 2 hectares, that is for domestic use and not for the sale, barter or exchange of goods produced in the garden.

"surface water"—see section 8.

"surviving allocation"—see section 110.

"take" water—see section 11.

"urban residential property" means any of the following, within the meaning of the Territory plan, that has access to urban water supply:

        (a)     single dwelling housing;

        (b)     multi-unit housing;

        (c)     a boarding house;

        (d)     a guest house.

"urban water supply" means water supplied by a water utility, other than treated sewage.

"water" means surface water or ground water, and includes water that contains impurities.

"water access entitlement"—see section 19.

"water management areas"—see section 16.

"water structure"—see section 41.

"water utility" means a utility licensed under the Utilities Act 2000 to provide a water service.

"waterway"—see section 10.

"waterway work"—see section 41.

"waterway work licence" means a licence under section 44.

Endnotes

1     Presentation speech

    Presentation speech made in the Legislative Assembly on 3 May     2007.

2     Notification

    Notified under the Legislation Act on 20 June 2007.

3     Republications of amended laws

    For the latest republication of amended laws, see www.legislation.act.gov.au.


I certify that the above is a true copy of the Water Resources Bill 2007, which was passed by the Legislative Assembly on 7 June 2007.



Clerk of the Legislative Assembly












© Australian Capital Territory 2007

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Australian Capital Territory





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Australian Capital Territory

Water Resources Act 2007

A2007-19



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