This legislation has been repealed.
Dictionary
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:
• ACT
• administrative appeals tribunal
• chief fire control officer
• Commonwealth
• environment protection authority
• fire brigade
• fire commissioner
• function
• notifiable instrument (see s 10)
• police officer
• public employee
• State
• the Territory
• writing.
"allocation", in relation to water, means an allocation granted under part 6.
"authorised officer" means an authorised officer under the Environment Protection Act, 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) from which ground water is, or is capable of being, obtained or used; or
(b) that is used, or is capable of being used, for the disposal of water or waste below the surface of the ground but does not include a subsoil drain.
"bore construction permit" means a permit granted under section 44.
"connected," for part 8 (Enforcement)—see section 54.
"drill", in relation to a bore, means to drill the bore or to excavate a bore in any other manner and includes to deepen or widen an existing bore.
"driller's licence" means a driller's licence granted under section 39.
"environmental flow", in relation to a waterway or aquifer, means the environmental flow for that waterway or aquifer ascertained in accordance with guidelines under section 5.
"environmental flow guidelines" means guidelines approved under section 9.
"Environment Protection Act" means the Environment Protection Act 1997.
"flow", in relation to surface water and ground water, includes the discharge, release, escape or passage of the water.
"interstate water allocation" means an allocation of water made under a corresponding law of a State or another Territory that regulates the allocation of water.
"land" includes a building or structure on land.
"licence to take water" means a licence granted under section 35.
"management plan" means a management plan prepared under part 5 as varied and in effect from time to time.
"newspaper" means a newspaper published and circulating in the ACT.
offence, for part 8 (Enforcement)—see section 54.
"premises", for part 8 (Enforcement)—see section 54.
"register" means the register established and maintained under section 64.
"recharge licence" means a licence granted under section 47.
"reuse", in relation to water, includes to use wastewater, whether or not it has been treated.
"stormwater" means water run-off from an urban area that is normally collected by a stormwater system.
"stormwater system" means a system of pipes, gutters, drains and channels, being public works constructed to collect or transport stormwater in or through an urban area.
"subsoil drain" means an underground pipe or construction the purpose of which is to drain underground water—
(a) to protect a building, retaining wall, excavation, roadway or other construction from seepage or water pressure; or
(b) to facilitate the use of an area of ground by eliminating or reducing wet ground conditions in that area.
"surface water" means—
(a) water flowing over land (including in a waterway)—
(i) after having fallen as rain or hail or having precipitated in any other manner; or
(ii) after rising to the surface naturally from underground; or
(b) water of a kind referred to in paragraph (a) that has been collected in a dam or reservoir.
"take", in relation to water, includes—
(a) in the case of bore water—to allow water to flow or be pumped from the bore; and
(b) in any other case—
(i) to withdraw, pump, extract, use or reuse, and to divert for the purpose of using or reusing, the water; or
(ii) to do any other thing that results in a reduction of flow in a waterway.
"wastewater" means water that is the by-product of an activity, being water that—
(a) contains other matter (whether in a solid, liquid or gaseous state); or
(b) if added to receiving waters—has the potential to pollute those waters.
"water" includes water that contains impurities.
"waterway" means—
(a) a river, creek, stream or other natural channel in which water flows (whether permanently or intermittently); or
(b) the stormwater system or any other channel formed (whether in whole or part) by altering or relocating a waterway mentioned in paragraph (a); or
(c) a lake, pond, lagoon or marsh (whether formed by geomorphic processes or by works) in which water collects (whether continuously or intermittently);
and includes—
(d) the bed that the water in the waterway normally flows over or is covered by; and
(e) the banks that the water in the waterway normally flows between or is contained by;
but does not include land normally not part of the waterway that may be covered from time to time by floodwaters from the waterway.
"works permit" means a permit granted under section 69.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
am = amended |
ord = ordinance |
amdt = amendment |
orig = original |
ch = chapter |
par = paragraph/subparagraph |
def = definition |
pres = present |
dict = dictionary |
prev = previous |
disallowed = disallowed by the Legislative |
(prev...) = previously |
Assembly |
pt = part |
div = division |
r = rule/subrule |
exp = expires/expired |
renum = renumbered |
Gaz = gazette |
reloc = relocated |
hdg = heading |
R[X] = Republication No |
IA = Interpretation Act 1967 |
RI = reissue |
ins = inserted/added |
s = section/subsection |
LA = Legislation Act 2001 |
sch = schedule |
LR = legislation register |
sdiv = subdivision |
LRA = Legislation (Republication) Act 1996 |
sub = substituted |
mod = modified/modification |
SL = Subordinate Law |
o = order |
underlining = whole or part not commenced |
om = omitted/repealed |
or to be expired |
Water Resources Act 1998 No 63
notified 11 December 1998 (Gaz 1998 No S209)
ss 1-4, 13, 81 and 83 commenced 11 December 1998 (s 2 (1))
ss 5-12, 14-26, 39-46, 49-79 and 82 commenced 4 March1999 (s 2 (2) and Gaz 1999 No S11)
remainder commenced 11 December 1999 (s 2 (3))
as amended by
Water Resources Amendment Act 1999 No 88
notified 23 December 1999 (Gaz 1999 No S65)
commenced 23 December 1999 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 415
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (LA s 75)
pt 415 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.38, sch 2 pt 2.99
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 1 pt 1.38, sch 2 pt 2.99 commenced 9 April 2004 (s 2 (1))
Emergencies Act 2004 A2004-28 sch 3 pt 3.26
notified LR 29 June 2004
s 1, s 2 commenced 29 June 2004 (LA s 75 (1))
pt 3.26 commenced 1 July 2004 (s 2 (1) and CN2004-11)
Statute Law Amendment Act 2004 A2004-42 sch 3 pt 3.21
notified LR 11 August 2004
s 1, s 2 commenced 11 August 2004 (LA s 75 (1))
sch 3 pt 3.21 commenced 25 August 2004 (s 2 (1))
Water Resources Amendment Act 2005 A2005-35
notified LR 31 August 2005
s 1, s 2 commenced 31 August 2005 (LA s 75 (1))
remainder commenced 1 September 2005 (s 2)
as repealed by
Water Resources Act 2007 A2007-19 s 207
notified LR 20 June 2007
s 1, s 2 commenced 20 June 2007 (LA s 75 (1))
s 207 commenced 1 August 2007 (s 2 and CN2007-8)
Name of
Act
s 1 sub A2004-42 amdt
3.96
Commencement
s
2 om R1 LRA
Dictionary
s
4 defs reloc to dict A2004-42 amdt
3.99
sub A2004-42 amdt
3.100
def determined
fee om 2001 No 44 amdt 1.4287
Notes
s
4A ins A2004-42 amdt 3.100
Guidelines—consultation
s
6 am 2001 No 44 amdts 1.4288-1.4290; R2 LA (see 2001 No 44 amdt
1.4291)
Guidelines—Minister's
powers
s 9 am 2001 No 44 amdts
1.4292-1.4294
Commencement of environmental flow
guidelines
s 11 sub 2001 No 44
amdt 1.4295
Territory rights to
water
s 13 am A2004-42 amdt
3.101
Delegation
s
15 sub A2004-42 amdt 3.102
Preparation of management
plan
s 20 sub 2001 No 44 amdt
1.4296
Consultation
s
21 am 2001 No 44 amdts 1.4297-1.4299; R2 LA (see 2001 No 44 amdt
1.4300)
Formal
changes
s 22 sub 2001 No 44 amdt
1.4301
Minister's
powers
s 24 am 2001 No 44 amdts
1.4302-1.4304; R2 LA
Commencement of management
plan
s 26 sub 2001 No 44 amdt
1.4305
Application of pt
6
s 27 am A2004-42 amdt
3.103
Allocation of
water
s 28 am 2001 No 44 amdts
1.4306-1.4309; R2 LA (see 2001 No 44 amdt 1.4310); A2004-42 amdt 3.104, amdt
3.105
Matters taken into account—allocation
of water
s 29 am A2004-42 amdt
3.106
Licences to take
water
div 7.1 hdg (prev pt 7 div
1 hdg) renum R2 LA
Unlicensed taking of
water
s 33 am A2004-28 amdt 3.69,
amdt 3.70; A2004-42 amdt 3.107
Limitation of right to take
water
s 34 am 2001 No 44 amdts
1.4311-1.4313; R2 LA (see 2001 No 44 amdt 1.4314)
Licence to take
water
s 35 am 2001 No 44 amdts
1.4315-1.4316; R2 LA (see 2001 No 44 amdt 1.4317); A2004-42 amdt
3.110
Licences for
utilities
s 35A ins A2005-35 s
4
Drillers'
licences
div 7.2 hdg (prev pt 7
div 2 hdg) renum R2 LA
Unlicensed
drilling
s 39 am 2001 No 44 amdts
1.4318-1.4319; R2 LA (see 2001 No 44 amdt 1.4320)
Bores
div
7.3 hdg (prev pt 7 div 3 hdg) renum R2 LA
Bore construction
permit
s 44 am 2001 No 44 amdts
1.4321-1.4322; R2 LA (see 2001 No 44 amdt 1.4323)
Recharge
licences
div 7.4 hdg (prev pt 7
div 4 hdg) renum R2 LA
Unlicensed
recharge
s 47 am 2001 No 44 amdts
1.4324-1.4325; R2 LA (see 2001 No 44 amdt 1.4326)
General
div
7.5 hdg (prev pt 7 div 5 hdg) renum R2 LA
Notification of grants
etc
s 50 sub 2001 No 44 amdt
1.4327
Selfincrimination
s
51 am A2004-15 amdt 2.209
False or misleading
information
s 52 om A2004-15 amdt
2.210
Failing to comply with requirement of
authorised officer
s 53 hdg sub
A2004-15 amdt 2.211
s 53 am A2004-15
amdt 2.212, amdt 2.213
Preliminary
div
8.1 hdg (prev pt 8 div 1 hdg) renum R2 LA
Definitions for pt
8
s 54 sub A2004-42 amdt
3.111
def connected
ins A2004-42 amdt 3.111
def
offence sub A2004-42 amdt
3.111
def premises sub
A2004-42 amdt 3.111
def thing
om A2004-42 amdt 3.111
Entry and inspection
generally
div 8.2 hdg (prev pt 8
div 2 hdg) renum R2 LA
Seizure, retention and disposal of
things
div 8.3 hdg (prev pt 8
div 3 hdg) renum R2 LA
Other
powers
div 8.4 hdg (prev pt 8
div 4 hdg) renum R2 LA
Moratorium on granting licences
etc
s 63A ins A2005-35 s
5
exp 1 September 2007 (s
63C)
Exceptions to
moratorium
s 63B ins A2005-35 s
5
exp 1 September 2007 (s
63C)
End of
moratorium
s 63C ins A2005-35 s
5
exp 1 September 2007 (s
63C)
Water control structures—permit to
construct etc
s 69 am 2001 No 44
amdts 1.4328-1.4329; R2 LA (see 2001 No 44 amdt 1.4330); A2004-42 amdt
3.112
Rectification of unauthorised
activity
s 70 am A2004-42 amdt
3.113
Periodic
fees
s 71 sub 1999 No 88 s
4
om 2001 No 44 amdt
1.4331
Recovery of unpaid
moneys
s 72 am A2004-42 amdt
3.114
Acts and omissions of
representatives
s 73 sub A2004-15
amdt 1.42
Compensation
s
76 am A2004-42 amdt 3.115
Review of
decisions
s 77 am A2004-42 amdt
3.116
Determination of
fees
s 78 sub 1999 No 88 s
5
am 2001 No 44 amdts 1.4332-
1.4334; A2004-42 amdt 3.117; ss renum R5 LA (see A2004-42 amdt
3.118)
Approved
forms
s 78A ins 2001 No 44 amdt
1.4335
am A2004-42 amdt
3.119
Regulation-making
power
s 79 sub 2001 No 44 amdt
1.4336
Review of
decisions
s 80 om A2004-42 amdt
3.120
Transitional and consequential
provisions
pt 10 om 2001 No 44
amdt 1.4337
Amendments of Lakes Act
1976
s 82 om R1
LRA
Amendment of Land (Planing and Environment)
Act 1991
s 83 om R1
LRA
Dictionary
dict ins
A2004-42 amdt 3.121
def
allocation reloc from s 4 A2004-42 amdt
3.99
def authorised officer
reloc from s 4 A2004-42 amdt
3.99
def authority sub
A2004-42 amdt 3.97
reloc from s 4
A2004-42 amdt 3.99
def bore
reloc from s 4 A2004-42 amdt
3.99
def bore construction
permit reloc from s 4 A2004-42
amdt 3.99
def connected
ins A2004-42 amdt 3.121
def
drill reloc from s 4 A2004-42 amdt
3.99
def driller's
licence reloc from s 4 A2004-42 amdt
3.99
def environmental flow
reloc from s 4 A2004-42 amdt
3.99
def environmental flow
guidelines reloc from s 4 A2004-42 amdt
3.99
def Environment
Protection Act reloc from s 4 A2004-42 amdt
3.99
def flow reloc
from s 4 A2004-42 amdt 3.99
def
interstate water allocation reloc from s 4 A2004-42
amdt 3.99
def land
reloc from s 4 A2004-42 amdt
3.99
def licence to take water
reloc from s 4 A2004-42 amdt
3.99
def management plan
reloc from s 4 A2004-42 amdt
3.99
def newspaper
reloc from s 4 A2004-42 amdt
3.99
def offence ins
A2004-42 amdt 3.121
def
premises ins A2004-42 amdt
3.121
def register
reloc from s 4 A2004-42 amdt
3.99
def recharge licence
reloc from s 4 A2004-42 amdt
3.99
def reuse reloc
from s 4 A2004-42 amdt 3.99
def
stormwater reloc from s 4 A2004-42 amdt
3.99
def stormwater system
reloc from s 4 A2004-42 amdt
3.99
def subsoil drain
reloc from s 4 A2004-42 amdt
3.99
def surface water
reloc from s 4 A2004-42 amdt
3.99
def take reloc
from s 4 A2004-42 amdt 3.99
def
wastewater reloc from s 4 A2004-42 amdt
3.99
def water reloc
from s 4 A2004-42 amdt 3.99
def
waterway am A2004-42 amdt
3.98
reloc from s 4 A2004-42 amdt
3.99
def works permit
reloc from s 4 A2004-42 amdt 3.99
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No |
Amendments to |
Republication date |
1 |
Act 1999 No 88 |
31 October 2000 |
2 |
A2001-44 |
30 November 2001 |
3 |
A2004-15 |
9 April 2004 |
4 |
A2004-28 |
1 July 2004 |
5 |
A2004-42 |
25 August 2004 |
6 |
A2005-35 |
1 September 2005 |
© Australian Capital Territory 2007