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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Water Legislation Amendment Bill 2024
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Water Management Act 2000 No 92 3
Schedule 2 Amendment of Sydney Water Act 1994 No 88 12
Schedule 3 Amendment of Water NSW Act 2014 No 74 14
Schedule 4 Consequential amendments 17
Schedule 5 Repeals 18
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has finally
passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW SOUTH WALES.
Clerk of the Parliaments
egislative Council
2024
New South Wales
Water Legislation Amendment Bill 2024
Act No , 2024
An Act to amend legislation administered by the Minister for Water to make further provision for
the making of regulations about water management; to make other miscellaneous amendments to
the legislation; and to repeal the Water Management Amendment Act 2010 and the Water
Management Amendment Act 2014.
Water Legislation Amendment Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Water Legislation Amendment Act 2024.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Water Legislation Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Water Management Act 2000 No 92
Schedule 1 Amendment of Water Management Act 2000 No
92
[1] Section 2 Commencement
Insert after section 2(2)--
(3) Schedule 13A commences on a day or days to be appointed by proclamation.
[2] Section 17 Provisions applicable to all management plans
Insert after section 17(b)--
(b1) provisions with respect to the advertisement of applications for
approvals,
[3] Section 77A Cancellation of access licences that can no longer be used or are no
longer required
Omit section 77A(2A). Insert instead--
(2A) Subsection (2) does not apply to--
(a) an access licence in relation to which action is taken by the Minister
under section 8D, or
(b) a supplementary water (Lowbidgee) access licence.
[4] Section 88 Regulations
Insert after section 88(1)(c)--
(c1) the procedures to be followed in relation to the debiting of water
allocations from a water allocation account for an access licence,
including procedures that may be determined by the Minister,
[5] Section 88AA
Insert after section 88--
88AA Conditions of exemptions from access licences
(1) This section applies if a person is exempt under the regulations from the
requirement to hold an access licence under section 60A(1) or (2).
(2) The regulations may prescribe conditions of the exemption that are about the
following--
(a) an amount of water that may be taken if approved by the Minister and
if less than an amount prescribed by the regulations,
(b) the urgent taking of water if the Minister decides the taking of water is
necessary for basic human water needs,
(c) the taking of water in accordance with a program approved by the
Minister.
(3) The regulations may permit conditions of the exemption to be imposed by the
Minister if--
(a) the exemption permits the taking of water for compliance with
emergency legislation, and
(b) the conditions are--
(i) published in the Gazette, or notified in writing to the person, and
(ii) for the purpose of implementing the water management
principles in relation to the taking of water.
Page 3
Water Legislation Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Water Management Act 2000 No 92
(4) The Minister must, by order published in the Gazette, specify the groundwater
sources to which an exemption applies if--
(a) the exemption permits the taking of water from a groundwater source
for excavation, and
(b) the regulations require the Minister to specify the source.
(5) This section does not limit section 400(2).
[6] Section 92 Applications for approvals
Insert after section 92(7)--
(7A) A management plan may require an application for an approval in relation to
a work, or a specified class of applications for approvals in relation to works,
located within the water management area or water source to which the plan
applies to be advertised.
[7] Section 101A Metering equipment condition
Omit section 101A(3). Insert instead--
(3) The regulations may--
(a) provide that the mandatory condition does not apply to approvals, or in
other circumstances, specified by the regulations, and
(b) provide for the circumstances in which the Minister may exempt
holders of approvals from the mandatory condition, with or without
conditions, and
(c) make further provision about the exemptions given by the Minister.
[8] Chapter 3, Part 3, Division 7
Insert after section 113--
Division 7 Exemptions from approvals
113A Application of division
This division does not limit section 400(2).
113B Minister may exempt public authorities for drought
(1) The regulations may make provision for the Minister to grant an exemption
from section 91B(1) for a public authority with or without conditions if the
purpose of the exemption is related to drought.
(2) The conditions may, if specified under the exemption, have effect after the
expiry of the term of the exemption if the conditions are in relation to the
maintenance or decommissioning of the work to which the exemption relates.
(3) The regulations may make further provision about the exemption.
113C Conditions imposed by regulations and Minister for emergencies and other
circumstances
(1) This section applies if a person is exempt under the regulations from the
requirement to hold an approval under this part.
(2) The regulations may prescribe conditions of the exemption for the taking of
water by the water management work the subject of the exemption that are
about--
Page 4
Water Legislation Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Water Management Act 2000 No 92
(a) the urgent taking of water if the Minister decides the taking of water is
necessary for basic human water needs, or
(b) the taking of water in accordance with a program approved by the
Minister.
(3) The regulations may permit conditions of the exemption to be imposed by the
Minister if--
(a) the exemption permits the taking of water for compliance with
emergency legislation, and
(b) the conditions are--
(i) published in the Gazette, or notified in writing to the person, and
(ii) for the purpose of implementing the water management
principles in relation to the taking of water.
(4) The Minister must, by order published in the Gazette, specify the groundwater
sources to which an exemption applies if--
(a) the exemption permits the taking of water from a groundwater source
for excavation, and
(b) the regulations require the Minister to specify the source.
113D Conditions imposed by Minister for exempt controlled activities
(1) This section applies if a person is exempt under the regulations from the
requirement to hold a controlled activity approval under section 91E.
(2) The regulations may permit the conditions of the exemption to be imposed by
the Minister if the conditions are--
(a) published in the Gazette, or notified in writing to the person, and
(b) for the protection of--
(i) the waterfront land on which the activity is carried out, or
(ii) a river, lake or estuary to which the land has frontage.
[9] Section 115 Regulations may impose mandatory conditions
Insert after section 115(3)--
(3A) The regulations may--
(a) permit the Minister to grant an exemption with or without conditions
from a mandatory condition imposed by the regulations under this
section, and
(b) make further provision about the exemption.
[10] Section 283 Definitions
Insert in alphabetical order--
discharge approval--see section 300A(4).
[11] Section 292 Functions of water supply authority
Insert after section 292(3)--
(4) The regulations may make further provision about the approval of the Minister
under subsection (1)(a).
[12] Section 300A
Insert after section 300--
Page 5
Water Legislation Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Water Management Act 2000 No 92
300A Discharges into sewerage and drainage systems
(1) A water supply authority must not grant a discharge approval unless it is in
accordance with--
(a) the regulations, and
(b) the water supply authority's discharge policy.
(2) A water supply authority's discharge policy--
(a) must be made in accordance with the regulations, and
(b) may specify the kinds of substances that do not require a discharge
approval or for which a discharge approval must not be granted.
(3) The regulations may make provision about the following--
(a) the regulation and prohibition of the discharge of substances into a
water supply authority's sewerage system or drainage system,
(b) discharge approvals,
(c) discharge policies, including--
(i) that the Minister may determine matters that must be addressed
in a discharge policy, and
(ii) the circumstances in which the Minister's approval of a discharge
policy is required.
(4) In this section--
discharge approval means an approval to discharge substances into a water
supply authority's sewerage system.
discharge policy, of a water supply authority, means a policy about the
discharge of substances into the water supply authority's sewerage system.
[13] Sections 301B-301E
Insert after section 301A--
301B Regulations for protection of water supply
The regulations may make provision about--
(a) the regulation and prohibition of activities to protect the supply or
quality of water, and
(b) the functions of a water supply authority in protecting the supply of
water.
301C Regulations for measurement of supply of water
The regulations may make provision about the measurement of water supplied
by a water supply authority, including the following--
(a) the method of measurement,
(b) information to be provided by persons about the supply,
(c) requirements for persons to meter the water supplied,
(d) the installation, location, care, maintenance, testing and discontinuance
of meters,
(e) faulty meters, including adjustments in fees or charges for faulty meters,
(f) directions given by water supply authorities to persons about matters
referred to in paragraphs (a)-(d),
(g) the ownership of meters on land not vested in a water supply authority.
Page 6
Water Legislation Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Water Management Act 2000 No 92
301D Regulations for drainage areas
The regulations may make provision about the following--
(a) the notification of drainage areas and charges,
(b) the mapping of drainage areas by water supply authorities,
(c) the objections to being included within a drainage area,
(d) the adjudication of the objections and the binding nature of the
adjudication.
301E Regulations for firefighting water supply services and fire hydrants
(1) The regulations may make provision about firefighting water supply services
and fire-hydrants, including the following--
(a) the installation, maintenance and use of firefighting water supply
services,
(b) directions given by water supply authorities to persons about
firefighting water supply services, including about matters referred to in
paragraph (a),
(c) the installation, use, maintenance and removal of fire hydrants by water
supply authorities or persons authorised by a water supply authority,
(d) the supply of water by water supply authorities for the purpose of
controlling and extinguishing fires, including the supply of water to fire
hydrants.
(2) In this section--
firefighting water supply service means the part of a water supply service
designed to be used for controlling and extinguishing fires.
[14] Section 304A
Insert after section 304--
304A Regulations
(1) The regulations may make provision about special areas, including the
following--
(a) the regulation and prohibition of the following--
(i) the extraction, use, pollution or contamination of waters within
the areas,
(ii) the pollution or contamination of land within the areas,
(iii) access to, or the use of, the areas,
(iv) other conduct in relation to the areas,
(b) the circumstances and way in which a water supply authority may
regulate, prohibit or consent to conduct referred to in paragraph
(a)(i)-(iv),
(c) the persons authorised, or the circumstances and way in which persons
may be authorised, to manage and protect the areas (authorised
persons),
(d) the functions of authorised persons,
(e) directions given by authorised persons, including the giving of
directions to persons about--
(i) conduct referred to in paragraph (a)(i)-(iv),
Page 7
Water Legislation Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Water Management Act 2000 No 92
(ii) the surrender or inspection of things for, or the investigation of,
contraventions or suspected contraventions of this Act or the
regulations.
(2) A regulation made under this Act about a special area prevails to the extent of
an inconsistency with a statutory instrument made under another Act, other
than a State environmental planning policy made under the Environmental
Planning and Assessment Act 1979.
[15] Section 310 Authority may levy service charges and impose fees and other charges
Omit section 310(3). Insert instead--
(3) Despite subsection (2), a water supply authority may impose fees and charges
for the following--
(a) discharges into the water supply authority's sewerage system,
(b) discharge approvals,
(c) access to, or the use of, special areas,
(d) metering or works related to metering,
(e) permits for the carrying out of plumbing work.
(4) The regulations may make provision about--
(a) fees and charges, including charges for the supply of water, and
(b) the waiver, reduction, deferral or refund of fees, service charges and
other charges.
[16] Section 318B, heading
Omit the heading. Insert instead--
318B Plumbing works
[17] Section 318B(2) and (3)
Insert at the end of the section--
(2) The regulations may make provision about the carrying out of plumbing work,
including the following--
(a) the regulation and prohibition of plumbing work,
(b) permits granted by water supply authorities for the carrying out of
plumbing work,
(c) the standards for and supervision of plumbing work,
(d) directions given by water supply authorities to persons about plumbing
work,
(e) exemptions granted by water supply authorities to a person or class of
persons, with or without conditions, from requirements under the
regulations in relation to plumbing work.
(3) If a requirement about plumbing work imposed by the regulations is
inconsistent with a requirement imposed by the Plumbing and Drainage Act
2011 or the regulations under that Act about the same work, that Act and the
regulations under that Act prevail to the extent of the inconsistency.
[18] Section 322
Omit the section. Insert instead--
Page 8
Water Legislation Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Water Management Act 2000 No 92
322 Regulations
The regulations may make provision about the following matters--
(a) the planning, management, design and construction of the following--
(i) water supply systems,
(ii) sewerage systems,
(iii) drainage systems,
(b) the establishment and enforcement of customer service standards,
(c) the imposition of restrictions on water use or supply for any reason,
including for a supply shortage or non-compliance with this or another
Act.
[19] Section 400 Regulations
Insert before section 400(1)--
(1A) The Governor may make regulations about a matter that is--
(a) required or permitted by this Act to be prescribed, or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
[20] Section 400(1)
Omit "The Governor may make regulations, not inconsistent with this Act, for or with
respect to any matter that by this Act is required or permitted to be prescribed or that is
necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in
particular, for or with respect to".
Insert instead "In particular, the regulations may make provision about".
[21] Section 400(1)(c) and (c1)
Omit section 400(1)(c). Insert instead--
(c) the requirement for security deposits and the amount of security,
including the circumstances in which the Minister may determine the
amount, and
(c1) the circumstances in which security deposits are forfeited and the
application of money arising from the forfeiture of security deposits,
and
[22] Section 402A
Insert after section 402--
402A Uncommenced amendments to Act transferred to Act
The provisions of Schedule 13A are transferred provisions to which the
Interpretation Act 1987, section 30A applies.
[23] Schedule 10 Conversion of former entitlements to access licences and approvals
Insert after Part 2, Division 3--
Page 9
Water Legislation Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Water Management Act 2000 No 92
Division 4 Validation of replacement of certain entitlements
27A Validation of replacement licences and approvals for entitlements under 1912
Act
(1) A purported entitlement is taken to have been validly replaced by an access
licence or approval under clause 3 if the access licence or approval has at any
time been registered on--
(a) the Access Register, or
(b) the register of approvals referred to in section 113.
(2) In this section--
purported entitlement means an entitlement under, or referred to in, the 1912
Act that was not in force but purportedly taken to have been replaced under
clause 3 by an access licence or approval.
[24] Schedule 13A
Insert after Schedule 13--
Schedule 13A Uncommenced amendments to Act
section 401A
13A.1 Water Management Amendment Act 2010
13A.2 Water Management Amendment Act 2014--amendments about
term water allocation transfers
13A.3 Water Management Amendment Act 2014--amendment about
bore drilling
13A.4 Water Management Amendment Act 2014--amendment about
water allocation accounts and taking of water
13A.5 Water Management Amendment Act 2014--amendments about
streamlining of licensing and trading processes
13A.6 Water Management Amendment Act 2014--amendment about
conversion of former entitlements into access licences
[25] Schedule 13A.1 Water Management Amendment Act 2010
Transfer the uncommenced items of the Water Management Amendment Act 2010,
Schedule 2 to Schedule 13A.1, as inserted by item [24], and renumber the transferred items
as appropriate with numbering commencing with [1].
[26] Schedule 13A.2 Water Management Amendment Act 2014--amendments about term
water allocation transfers
Transfer the uncommenced items of the Water Management Amendment Act 2014,
Schedule 1.5 to Schedule 13A.2, as inserted by item [24], and renumber the transferred
items as appropriate with numbering commencing with [1].
Page 10
Water Legislation Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Water Management Act 2000 No 92
[27] Schedule 13A.3 Water Management Amendment Act 2014--amendment about bore
drilling
Transfer the uncommenced item of the Water Management Amendment Act 2014, Schedule
1.7 to Schedule 13A.3, as inserted by item [24].
[28] Schedule 13A.4 Water Management Amendment Act 2014--amendment about water
allocation accounts and taking of water
Transfer the uncommenced item of the Water Management Amendment Act 2014, Schedule
1.8 to Schedule 13A.4, as inserted by item [24], and remove the numbering for the
transferred item.
[29] Schedule 13A.5 Water Management Amendment Act 2014--amendments about
streamlining of licensing and trading processes
Transfer the uncommenced items of the Water Management Amendment Act 2014,
Schedule 1.10 to Schedule 13A.5, as inserted by item [24], and renumber the transferred
items as appropriate with numbering commencing with [1].
[30] Schedule 13A.6 Water Management Amendment Act 2014--amendment about
conversion of former entitlements into access licences
Transfer the uncommenced item of the Water Management Amendment Act 2014, Schedule
1.14 to Schedule 13A.6, as inserted by item [24], and remove the numbering for the
transferred item.
[31] Dictionary
Insert in alphabetical order--
emergency legislation means the following--
(a) the State Emergency Service Act 1989,
(b) the State Emergency and Rescue Management Act 1989,
(c) another Act or law prescribed by the regulations.
Page 11
Water Legislation Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Sydney Water Act 1994 No 88
Schedule 2 Amendment of Sydney Water Act 1994 No 88
[1] Section 48A Unauthorised connections, alterations and use of works
Omit section 48A(2). Insert instead--
(2) The regulations may make further provision about--
(a) authorisations under subsection (1), and
(b) directions given by the Corporation in relation to activities and works to
which subsection (1) applies.
[2] Section 89
Omit the section. Insert instead--
89 Regulations about controlled areas
(1) The regulations may make provision about controlled areas, including the
following--
(a) the regulation and prohibition of the following--
(i) the extraction, use, pollution or contamination of waters within
the areas,
(ii) the pollution or contamination of land within the areas,
(iii) access to, or the use of, the areas,
(iv) other conduct in relation to the areas,
(b) the circumstances and way in which the Corporation may regulate,
prohibit or consent to conduct referred to in paragraph (a)(i)-(iv),
(c) the persons authorised, or the circumstances and way in which persons
may be authorised, to manage and protect the areas (authorised
officers),
(d) the functions of authorised officers,
(e) directions given by authorised officers, including the giving of
directions to persons about--
(i) conduct referred to in paragraph (a)(i)-(iv), including directing
persons to leave an area, and
(ii) other matters,
(f) the fees and charges, or the imposition of fees and charges by the
Corporation, for access to, or the use of, the areas,
(g) the waiver or refund of fees and charges.
(2) A regulation made under this section prevails to the extent of an inconsistency
with a statutory instrument made under another Act, including an
environmental planning instrument.
[3] Section 99 Work for water supply, sewerage or stormwater drainage
Omit section 99(2)-(3). Insert instead--
(2) The regulations may make provision about work to which subsection (1)
applies, including the following--
(a) the standards for and supervision of the work,
(b) the approval by the Corporation of fittings used in the work,
(c) permits granted by the Corporation for the carrying out of the work,
Page 12
Water Legislation Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Sydney Water Act 1994 No 88
(d) directions given by the Corporation in relation to the work.
(3) If a standard or other requirement for work to which subsection (1) applies is
inconsistent with a requirement imposed under the Plumbing and Drainage
Act 2011 or the regulations under that Act for the work, that Act and the
regulations under that Act prevail to the extent of the inconsistency.
Note-- The Plumbing and Drainage Act 2011 sets out the standards and other
requirements for work that is plumbing and drainage work within the meaning of that
Act.
(4) Subsection (1) does not apply to--
(a) an employee of the Corporation who carries out work to which
subsection (1) applies on behalf of the Corporation, or
(b) other persons authorised by the Corporation to carry out the work.
[4] Section 106 Regulations
Omit section 106(1). Insert instead--
(1) The Governor may make regulations about a matter that is--
(a) required or permitted by this Act to be prescribed, or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
[5] Section 106(2) and (4)
Omit "for or with respect to" wherever occurring. Insert instead "about".
[6] Section 106(2) and (5)
Omit "any of" wherever occurring.
[7] Section 106(2)(b)
Omit "drought". Insert instead "a drought, emergency".
[8] Section 106(2)(b1)
Insert after section 106(2)(b)--
(b1) requirements to notify the Corporation about damage to works, or other
property, of the Corporation, and
[9] Section 106(2)(e)
Omit "any".
[10] Section 106(3)(a) and (b)
Omit the paragraphs. Insert instead--
(a) for a corporation--200 penalty units, or
(b) otherwise--100 penalty units.
Page 13
Water Legislation Amendment Bill 2024 [NSW]
Schedule 3 Amendment of Water NSW Act 2014 No 74
Schedule 3 Amendment of Water NSW Act 2014 No 74
[1] Section 50 Exercise of functions by public agencies in special areas
Insert "in the way prescribed by the regulations" after "Regulatory Authority" in section
50(1).
[2] Section 51
Omit the section. Insert instead--
51 Regulations about special areas
(1) The regulations may make provision about special areas, including the
following--
(a) the regulation and prohibition of the following--
(i) the extraction, use, pollution or contamination of waters within
the areas,
(ii) the pollution or contamination of land within the areas,
(iii) access to, or the use of, the areas,
(iv) other conduct in relation to the areas,
(b) the circumstances and way in which Water NSW may regulate, prohibit
or consent to conduct referred to in paragraph (a)(i)-(iv),
(c) the functions of authorised officers and the Regulatory Authority in
relation to the areas,
(d) directions given by authorised officers, including directions given to
persons about the following--
(i) conduct referred to in paragraph (a)(i)-(iv), including directing
persons to leave an area,
(ii) the removal or disposal of animals, substances and other things,
(iii) the surrender of property, including stock or other animals and
things,
(iv) the inspection of things for, or the investigation of,
contraventions or suspected contraventions of this Act or the
regulations,
(e) the removal of persons by authorised officers and the use of reasonable
force,
(f) the removal, impoundment, disposal or sale, by authorised officers, of
property, including stock or other animals and things, not authorised to
be, or unlawfully, in the areas,
(g) the persons liable for costs incurred by authorised officers for matters
referred to in paragraph (f) and the recovery of the costs by Water NSW,
(h) the fees and charges, or the imposition of fees and charges by Water
NSW, for access to, or the use of, the areas,
(i) the waiver or refund of fees and charges.
(2) A regulation made under this division prevails to the extent of an
inconsistency with an instrument made under another Act, other than a State
environmental planning policy made under the Environmental Planning and
Assessment Act 1979.
(3) In exercising functions under the regulations for this section, an authorised
officer must not direct an owner, or lawful occupier, of land in a way that
Page 14
Water Legislation Amendment Bill 2024 [NSW]
Schedule 3 Amendment of Water NSW Act 2014 No 74
would limit the owner's or occupier's access to the land, or remove the owner
or occupier from the land, unless the direction or removal is--
(a) in accordance with guidelines made by the Minister and published in the
Gazette, and
(b) for the purpose of managing and protecting the areas, and water
management works within the areas, so as to promote at least 1 of the
following--
(i) water quality,
(ii) the protection of public health or public safety,
(iii) the protection of the environment.
(4) Subsection (3) does not limit Part 6.
[3] Section 55
Omit the section. Insert instead--
55 Regulations about controlled areas
(1) The regulations may make provision about controlled areas, including the
following--
(a) the regulation and prohibition of the following--
(i) extraction, use, pollution or contamination of waters within the
areas,
(ii) pollution or contamination of land within the areas,
(iii) access to, or the use of, the areas,
(iv) other conduct in relation to the areas,
(b) the circumstances and way in which Water NSW may regulate, prohibit
or consent to conduct referred to in paragraph (a)(i)-(iv),
(c) the functions of authorised officers and the Regulatory Authority in
relation to the areas,
(d) directions given by authorised officers, including directions given to
persons about the following--
(i) conduct referred to in paragraph (a)(i)-(iv), including directing
persons to leave an area,
(ii) the removal or disposal of animals, substances and other things,
(iii) the surrender of property, including stock or other animals and
things,
(iv) the inspection of things for, or investigation of, contraventions or
suspected contraventions of this Act or the regulations,
(e) the removal of persons by authorised officers and the use of reasonable
force,
(f) the removal, impoundment, disposal, or sale, of property, including
stock or other animals and things, not authorised to be, or unlawfully, in
the areas, by authorised officers,
(g) the persons liable for costs incurred by authorised officers for matters
referred to in paragraph (f) and the recovery of the costs by Water NSW,
(h) the fees and charges, or the imposition of fees and charges by Water
NSW, for access to, or use of, the areas,
(i) the waiver or refund of fees or charges.
Page 15
Water Legislation Amendment Bill 2024 [NSW]
Schedule 3 Amendment of Water NSW Act 2014 No 74
(2) A regulation made under this division prevails to the extent of an
inconsistency with an instrument made under another Act, other than a State
environmental planning policy made under the Environmental Planning and
Assessment Act 1979.
[4] Section 63 Compliance role under other legislation
Insert "or controlled area" after "declared catchment area" wherever occurring in section
63(1).
[5] Section 63(2)
Omit "for or with respect to". Insert instead "about".
[6] Section 63(2)
Insert ", limitations" after "the effect".
[7] Section 64AA
Insert after section 64--
64AA Regulations
The regulations may make provision about the Regulatory Authority,
including the following--
(a) the circumstances in which the Regulatory Authority exercises its
functions or does not exercise its functions,
(b) registers the Regulatory Authority must keep and the inspection of the
registers,
(c) the imposition of fees for copies of registers, or parts of registers, kept
by the Regulatory Authority.
[8] Section 89 Charge on land subject to compliance cost notice
Omit "for or with respect to" from section 89(7). Insert instead "about".
[9] Section 114
Omit the section. Insert instead--
114 Regulations
(1) The Governor may make regulations about a matter that is--
(a) required or permitted by this Act to be prescribed, or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
(2) A regulation may create an offence punishable by a penalty of not more than--
(a) for a corporation--400 penalty units, or
(b) otherwise--200 penalty units.
Page 16
Water Legislation Amendment Bill 2024 [NSW]
Schedule 4 Consequential amendments
Schedule 4 Consequential amendments
4.1 Sydney Water Regulation 2017
[1] Clause 4 Definitions
Omit "authorised person". Insert instead "authorised officer".
[2] Clauses 5(2) and 13(2)
Omit "authorised person" wherever occurring. Insert instead "authorised officer".
4.2 Water Management (General) Regulation 2018
[1] Clause 115 Definitions
Omit "authorised officer". Insert instead "authorised person".
[2] Clauses 182(2) and 188(1) and (2)
Omit "authorised officer" wherever occurring. Insert instead "authorised person".
[3] Clause 188 Investigation of suspected contraventions
Omit "the officer's opinion" from clause 188(1). Insert instead "the authorised person's
opinion".
[4] Clause 188(1)(b)
Omit "the officer". Insert instead "the authorised person".
Page 17
Water Legislation Amendment Bill 2024 [NSW]
Schedule 5 Repeals
Schedule 5 Repeals
[1] Repeal of Water Management Amendment Act 2010
The Water Management Amendment Act 2010 No 133 is repealed.
[2] Repeal of Water Management Amendment Act 2014
The Water Management Amendment Act 2014 No 48 is repealed.
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