WATER MANAGEMENT ACT 2000

New South Wales Consolidated Acts

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- As at 23 October 2024
- Act 92 of 2000

TABLE OF PROVISIONS

Long Title

CHAPTER 1 - PRELIMINARY

1. Name of Act
2. Commencement
3. Objects
4. Interpretation
4A. Meaning of "overland flow water"

CHAPTER 2 - WATER MANAGEMENT PLANNING

PART 1 - GENERAL

Division 1 - Water management principles

5. Water management principles

Division 2 - State Water Management Outcomes Plan and water source classification

6. State Water Management Outcomes Plan
7. Classification of water sources
8. Environmental water
8A. Planned environmental water
8B. Adaptive environmental water through dedication of existing water entitlements
8C. Adaptive environmental water through system improvements
8D. Adaptive environmental water conditions after surrender of licences
8E. General provisions relating to access licences with adaptive environmental water conditions
8F. Auditing of compliance with extraction limits

Division 3 - General

9. Act to be administered in accordance with water management principles and State Water Management Outcomes Plan
10. Review of work and activities of Department

PART 2 - MANAGEMENT COMMITTEES

11. Constitution of water management areas
12. Establishment of management committees
13. Membership of committee
14. Functions of management committees

PART 3 - MANAGEMENT PLANS

Division 1 - Preliminary

15. Preparation of draft management plan
16. Management plans to be consistent with other instruments
17. Provisions applicable to all management plans
18. Matters for consideration

Division 2 - Water sharing

19. Application of Division
20. Core provisions
21. Additional provisions

Division 3 - Water use

22. Application of Division
23. Core provisions
24. Additional provisions

Division 4 - Drainage management

25. Application of Division
26. Core provisions
27. Additional provisions

Division 5 - Floodplain management

28. Application of Division
29. Core provisions
30. Additional provisions

Division 6 - Controlled activities and aquifer interference activities

31. Application of Division
32. Core provisions
33. Additional provisions

Division 7 - Environmental protection

34. Environmental protection provisions

Division 8 - Procedures for making management plans

35. Format of management plan
36. Notification of certain persons and bodies
37. Reference of draft management plan to Minister
38. Public exhibition of draft management plan
39. Submissions on draft management plan
40. Resubmission of draft management plan to Minister
41. Making of management plan
42. Amendment of management plans
43. Duration of management plans
43A. Extension of duration of management plan dealing with water sharing
44. Periodic auditing of management plans

Division 9 - Amendment of management plans by Minister

45. Minister may amend or repeal management plan
45A. Consolidation of management plans

Division 10 - (Repealed)
None

Division 11 - Miscellaneous

46. Making or amendment of management plan
47. Validity of management plans and exercise of plan-making functions
48. Effect of management plans on exercise of Minister's functions
49. Consideration of management plans by public authorities
49A. Suspension of management plans during severe water shortages
49B. Suspension of Basin management plans during extreme events

PART 4 - MINISTER'S PLANS

50. Minister's plan

PART 5 - IMPLEMENTATION PROGRAMS

51. Implementation programs

CHAPTER 3 - WATER MANAGEMENT IMPLEMENTATION

PART 1 - BASIC LANDHOLDER RIGHTS

Division 1 - Domestic and stock rights

52. Domestic and stock rights

Division 2 - Harvestable rights

53. Harvestable rights
54. Harvestable rights orders

Division 3 - Native title rights

55. Native title rights

PART 2 - ACCESS LICENCES

Division 1 - Preliminary

55A. Application of Part
56. Access licences
57. Categories of licence
57A. Special provisions relating to floodplain harvesting access licences
58. Priorities between different categories of licence
59. Available water determinations
60. Rules of distribution applicable to making of available water determinations

Division 1A - Offences

60A. Taking water without, or otherwise than authorised by, an access licence
60B. Contravention of terms and conditions of access licence
60C. Taking water for which there is no, or insufficient, water allocation
60D. Taking water otherwise than by or from water supply work or extraction point nominated in access licence
60E. Liability of occupier of premises for certain offences
60F. General defence
60G. Minister may charge for water illegally taken
60H. Application of Division in relation to interstate licences
60I. Access licence required for water used in mining activities

Division 2 - Granting of access licences

61. Applications for granting of access licences
62. Objections to granting of access licences
63. Determination of applications
63A. Commonwealth and other access licences arising from arrangements
63B. Licences arising out of State arrangements or agreements
64. Notice of decision
65. Controlled allocation of access licences

Division 3 - Conditions, duration and amendment of access licences
Note

66. Conditions of access licence generally
66A. Imposition of conditions on granting of access licence
67. Imposition of conditions after access licence is granted
68. Revocation of conditions
68A. Amendment of share or extraction components of access licences and other actions by Minister
68B. Increase of share components of Commonwealth and other access licences arising from arrangements
69. Duration of access licence
70. Special provisions with respect to supplementary water

Division 3A - Water Access Licence Register

Subdivision 1 - Keeping of the Access Register

71. Water Access Licence Register
71A. Dealings and other matters that must be recorded in the Access Register
71B. When matters required to be recorded in General Division of Access Register have effect
71C. Provisions with respect to registration of dealings, security interests, caveats and other matters in the Access Register

Subdivision 2 - Registration of security interests

71D. Creation of registered security interests by recording in Access Register

Subdivision 3 - Registration of caveats

71E. Minister may register caveats
71F. Effect of a caveat

Subdivision 4 - Miscellaneous

71G. Minister may require production or surrender of access licence certificate before recording matters in Access Register
71H. Searches of the Access Register
71I. Correction and amendment of Access Register
71J. Access to the Access Register
71K. Minister to supply reasons for certain decisions in relation to Access Register

Division 4 - Dealings with access licences

71L. How does a dealing take effect?
71M. Transfer of access licences
71N. Term transfers of entitlements under access licences
71O. Conversion of access licence to new category
71P. Subdivision and consolidation of access licences
71Q. Assignment of rights under access licence
71QA. Assignment of individual daily extraction component
71R. Amendment of share component of access licence
71S. Amendment of extraction component of access licence
71T. Assignment of water allocations between access licences
71U. Interstate transfer of access licences
71V. Interstate assignment of water allocations
71W. Access licence may nominate water supply works and extraction points
71X. Dealings on default
71Y. General
71Z. Access licence dealing principles
71ZA. (Repealed)

Division 4A - Devolution of, and tenancy arrangements and other matters relating to, access licences

72. Devolution of access licences
72A. Special provisions relating to co-holdings in access licences
73. Changes in co-holder's tenancy arrangements
74. Exit from co-held access licence

Division 5 - Water return flows

75. Water return flow rules
76. Water allocations may be credited

Division 6 - Surrender, suspension, cancellation and compulsory acquisition of access licences

77. Surrender of access licences
77A. Cancellation of access licences that can no longer be used or are no longer required
78. Suspension and cancellation of access licences
78A. Notification of intention to suspend, cancel or require payment of penalty
79. Compulsory acquisition of access licences
Divisions 7, 8 - (Repealed)
None

Division 8A - Register of available water determinations and accounting for water

84. Register of available water determinations
85. Keeping of water allocation accounts
85AA. Daily extraction accounts
85A. Authorisation to take water from uncontrolled flows
85B. (Repealed)

Division 9 - Compensation relating to access licences

86. Definitions
87. Compensation payable in certain circumstances for reductions in water allocations arising during initial period for which management plan is in force
87AA. Compensation payable in certain circumstances for reductions in water allocations arising after initial period that management plan is in force
87AB. Compensation is not payable in relation to certain conduct
87AC. No compensation payable for reductions in water allocations under certain replacement management plans
87A. No compensation payable in relation to access licence

Division 10 - Miscellaneous

87B. Access licence certificate
87C. Offences with respect to the Access Register
88. Regulations

PART 3 - APPROVALS

Division 1 - Preliminary

88A. Application and objects of Part
89. Water use approvals
90. Water management work approvals
91. Activity approvals
91AA. Consultation with Dams Safety NSW in relation to approvals for dams and flood retarding basins

Division 1A - Offences

91A. Using water without, or otherwise than as authorised by, a water use approval
91B. Constructing or using water supply work without, or otherwise than as authorised by, a water supply work approval
91C. Constructing or using drainage work without, or otherwise than as authorised by, a drainage work approval
91D. Constructing or using flood work without, or otherwise than as authorised by, a flood work approval
91E. Carrying out controlled activity without, or otherwise than as authorised by, a controlled activity approval
91F. Carrying out aquifer interference activity without, or otherwise than as authorised by, an aquifer interference approval
91G. Contravention of terms and conditions of approval
91H. Failure to install, use or maintain metering equipment
91I. Taking water when metering equipment not working
91IA. Failure to report metering equipment not working
91J. Metering records
91K. Meter tampering
91L. Liability of occupier of premises for certain offences
91M. General defence
91N. Corporations not required to hold approvals

Division 2 - Applications for and granting of approvals

92. Applications for approvals
93. Objections to applications for approvals
94. Determination of applications affected by reviews by Planning Assessment Commission
95. Determination of applications
96. Matters affecting consideration of applications
97. Grounds of refusal of certain applications
98. Notice of decision
99. Procedures in relation to integrated development
99A. Granting of combined approvals

Division 3 - Conditions and duration of approvals

100. Conditions of approvals generally
100A. Imposition of conditions on granting of approval
101. Conditions of approval for joint schemes
101A. Metering equipment condition
102. Imposition or change of conditions after approval is granted
103. Revocation of conditions
104. Duration of approval
105. Extension of approvals
106. Land benefited by approval

Division 4 - Amendment, surrender, suspension and cancellation of approvals

107. Amendment of approvals
108. Surrender of approvals
109. Suspension and cancellation of approvals

Division 5 - Embargoes on applications for approvals

110. Temporary embargo
111. Permanent embargo
112. Operation of embargo

Division 6 - Registers

113. Register of approvals

PART 4 - FINANCE

114. Minister may impose fees and charges

PART 5 - CONDITIONS IMPOSED BY REGULATIONS

115. Regulations may impose mandatory conditions
115A. Regulations relating to mandatory and other licence conditions

PART 6 - REGULATIONS RELATING TO WATER MANAGEMENT WORKS

115B. Metering equipment

CHAPTER 4 - JOINT PRIVATE WORKS

PART 1 - IRRIGATION CORPORATIONS

Division 1 - Preliminary

116. Application of Part
117. Definitions
118. Requirements for access licences and approvals

Division 2 - Irrigation corporations

119. Assets of irrigation corporations
120. Entry on to land
121. Ceasing to be an irrigation corporation

Division 3 - Operating licences

122. Authority conferred by operating licence
123. Terms and conditions of operating licence
124. Term of operating licence
125. Contravention of operating licence
126. Cancellation of operating licence
127. Irrigation corporation may make arrangements with subsidiaries

Division 4 - Inclusion of land within irrigation corporation's area of operations

128. Applications to include land within area of operations
129. Objections to inclusion of land within area of operations
130. Inclusion of land in area of operations
131. (Repealed)

Division 5 - Exclusion of land from irrigation corporation's area of operations

132. Applications to exclude land from area of operations
133. Objections to exclusion of land from area of operations
134. Exclusion of land from area of operations
135. (Repealed)

Division 6 - Miscellaneous

136. Successor in title liable for unpaid contract charges
137. Indemnities
138. Register of licences, audits and management programs

PART 2 - PRIVATE WATER CORPORATIONS

Division 1 - Preliminary

139. Definitions
140. Requirements for access licences and approvals

Division 2 - Constitution and management of private water corporations

141. Application for establishment of private water corporations
142. Determination of application and constitution of corporation
143. Functions of private water corporations
144. Boards of private water corporations
145. Rules of private water corporations
146. Corporation must provide copy of rules to Minister
147. Delegation by corporations and boards

Division 3 - Operational functions

148. Corporation works and other works
149. Members may be required to provide distribution works
149A. (Repealed)
150. Discontinuation of water supply by corporation
151. Supply of services to other persons
152. Powers of entry and inspection
153. Works plans

Division 4 - Sale and transformation of water entitlements

154. Water entitlements of members
155. Sale or transfer of group entitlement
156. Sale or transfer of members' water entitlements
157. Transformation of member's water entitlement

Division 5 - Changes to private water corporations

158. Changes in membership requiring works plan changes
159. Application for amalgamation of private water corporations
160. Determination of application for amalgamation
161. Effect of sale of land
162. Effect of subdivision

Division 6 - Rates and charges

163. Fixing of rates and charges
164. Recovery of unpaid rates and charges
165. Abandonment of rates and charges

Division 7 - Finance

166. Financial records
167. Auditor's right to access to information
168. Presentation of audited financial statements
169. Borrowing and investment by corporations

Division 8 - Enforcement powers

170. Charges for water illegally taken and damage to works
171. Entry and investigation powers
172. Ministerial directions about rules

Division 9 - Winding up of private water corporations

173. Appointment of an administrator
174. Functions of administrator
175. Removed board members not eligible for re-election
176. Effect of administration on existing contracts
177. Winding up of corporations

Division 10 - Miscellaneous

178. Liability for water source and other changes
179. Amendment of Schedule 13 to insert, change, omit name of corporation
180-190. (Repealed)
Divisions 10A, 11 - (Repealed)
None

PART 3 - (Repealed)
None

PART 4 - PRIVATE WATER TRUSTS

Division 1 - Preliminary

220. Application of Part
221. Definitions
222. Requirements for access licences and approvals

Division 2 - Management of private water trusts

223. Trustees of private water trusts
224. Water supply and other functions of trusts
225. Rules of private water trusts
226. Trustees must provide copy of rules
227. Delegation

Division 3 - Operational functions

228. Trust works and other works
229. Members may be required to provide distribution works
230. Discontinuation of water supply by trust
231. Supply of services to other persons
232. Powers of entry and inspection
233. Works plans

Division 4 - Sale and transformation of water entitlements

234. Water entitlements of members
235. Sale or transfer of group entitlement
236. Sale or transfer of members' water entitlements
237. Transformation of member's water entitlements

Division 5A - (Repealed)
None

Division 5 - Changes to private water trusts

238. Changes in membership requiring works plan changes
238A. (Repealed)
239. Application for amalgamation of private water trusts
239A. Determination of application for amalgamation
239B. Effect of sale of land
239C. Effect of subdivision
239D. Conversion of private water trust to private water corporation

Division 6 - Rates and charges

239E. Fixing of rates and charges
239F. Recovery of unpaid rates and charges
239G. Abandonment of rates and charges

Division 7 - Finance

239H. Financial records
239I. Auditor's right to access to information
239J. Presentation of audited financial statements
239K. Borrowing by private water trusts

Division 8 - Winding up of private water trusts

239L. Appointment of an administrator
239M. Functions of administrator
239N. Removed trustees not eligible for re-election
239O. Effect of administration on existing contracts
239P. Winding up of private water trusts

Division 9 - Miscellaneous

239Q. Liability for water source and other changes
239R. Ministerial directions about rules
239S. Name changes
239T. Private trusts not NSW government agencies

CHAPTER 5 - PUBLIC WORKS

PART 1 - (Repealed)
None

PART 2 - HUNTER VALLEY FLOOD MITIGATION WORKS

Division 1 - Preliminary

253. Application of Part
254. Definitions

Division 2 - Powers of Minister

255. Restriction on use of lands adjacent to levee banks
256. Construction of fences, structures and flood works

Division 3 - Finance

257. Accounts to be kept in Special Deposits Account
258. Allocation of money
259. Cost of works generally
260. Cost of works to protect towns and villages
261. Cost of protective works
262. Annual contribution to works program by Local Land Services
263. Consultation with Local Land Services as to works program
264. Consultation with local council as to works program
265. Payment of contribution towards maintenance by a local council
266. Consultation with local council as to maintenance program
267. Urgent maintenance works
268. Payments to be duly made

Division 4 - Miscellaneous

269. Works to protect public and local government works to be approved by Minister
270. Major floodgates to be maintained and operated by local councils
271. Maintenance of minor floodgates
272. Application of Public Works Act 1912
273. Evidence of cost of works

PART 3 - (Repealed)
None

CHAPTER 6 - PUBLIC UTILITIES

PART 1 - MAJOR UTILITIES

281. Major utilities
282. Review of activities of major utilities

PART 2 - WATER SUPPLY AUTHORITIES

Division 1 - Preliminary

283. Definitions
284. Requirements for access licences and approvals

Division 2 - Water supply authorities

285. Water supply authorities
286. Constitution of water supply authorities
287. Statutory body may be water supply authority
288. Provisions relating to constitution and procedure of water supply authorities
289. Area of operations
290. Staff
291. Delegation

Division 3 - Functions of water supply authorities

292. Functions of water supply authority
293. Exercise of functions by a water supply authority
294. Commercial operations
295. Assistance to statutory body
296. Entry on land to read meters or carry out works
297. Entry on land for inspections
298. Power to break up roads
299. Altering position of conduits
300. Obstruction of works
301. Finding source of pollution of water supply
301A. Power to give directions

Division 4 - Special areas

302. Special areas
303. Crown land in special areas
304. Exercise of certain functions in special areas

Division 5 - Developer contributions to the construction of works

305. Application for certificate of compliance
306. Authority may impose certain requirements before granting certificate of compliance
307. Granting of certificates of compliance

Division 6 - Finance

308. Orders for purpose of service charges
309. Connections
310. Authority may levy service charges and impose fees and other charges
311. Land in respect of which a water supply authority may levy service charges
312. Certain land exempt from service charges
313. Classification of lands
314. Basis of levying service charges
315. Determinations by water supply authority
316. Assessment of service charges
317. Re-assessment of service charges

Division 7 - Miscellaneous

318. Acquisition and divesting of land
318A. Exposure of underground pipes
318B. Unlicensed plumbing work
319. Compensation for interference or damage
320. Efficiency review
321. Appointment of administrator
322. Regulations

CHAPTER 7 - ENFORCEMENT

PART 1 - DIRECTIONS TO LANDHOLDER AND OTHER PERSONS

Division 1 - Preliminary

323. Definitions

Division 2 - Conservation of water, metering and audits

324. Temporary water restrictions
325. Directions concerning waste of water
326. Directions to install, replace, use and maintain metering equipment
326A. Compliance audits
326B. Use of information

Division 3 - Unlawful works and activities

327. Stop work order regarding unlawful construction or use of water management work
328. Stop work order regarding unlawful controlled activity or aquifer interference activity
329. Removal of unlawful water management works

Division 4 - Temporary stop work orders

330. Temporary stop work order to protect public interest

Division 5 - Protection of public health, public safety and the environment

331. Directions to holders of basic landholder rights
332. Directions concerning damage caused by straying stock
333. Directions to protect water sources
334. Directions to prepare reports

Division 6 - Enforcement by Land and Environment Court

335. Land and Environment Court may grant injunctions
336. Restraint of breaches of this Act

Division 7 - General

336A. Remedial measures may be taken by Minister
336B. Mandatory guidelines
336C. Contravention of certain directions
336D. Prior notice of direction not required

Division 8 - Enforceable undertakings

336E. Enforcement of undertakings
336F. Notice of decision and reasons for decision

PART 2 - OTHER ENFORCEMENT POWERS

Division 1 - Preliminary

337. Purposes for which powers under Part may be exercised
337A. Effect on other functions
337B. Extended meaning of "occupier"

Division 2 - Powers to require information or records

338. Application of Division
338A. Powers of authorised officers to require information and records
338B. Power of authorised officers to require answers
338C. Recording of evidence
338D. Power of authorised officers to demand name and address

Division 3 - Powers of entry and search of premises

339. Powers of authorised officers to enter premises
339A. Entry into residential premises only with permission or warrant
339B. Powers of authorised officers to do things at premises
339C. Search warrants
339D. Authorised officers may request assistance
339E. Assistance to be given to authorised officers
339F. Care to be taken
339G. Compensation

Division 4 - General

340. Identification
340A. Offences
340B. Provisions relating to requirements to furnish records, information or answer questions
340C. Revocation or variation
340D. Extraterritorial application

PART 3 - OFFENCES

341. (Repealed)
342. Destruction, damage and interference with certain works
343. Taking water from public or private works
344. False or misleading information
345. Harm to aquifers and waterfront land
346. Unlicensed bore drilling
347. Ancillary offences
347A-352. (Repealed)

PART 3A - COURT ORDERS IN CONNECTION WITH OFFENCES

353. Operation of Part
353A. Orders generally
353B. Orders for restoration and prevention
353C. Orders for costs, expenses and compensation at time offence proved
353D. Recovery of costs, expenses and compensation after offence proved
353E. Orders regarding costs and expenses of investigation
353F. Orders regarding monetary benefits
353G. Additional orders
353H. Offence

PART 4 - RECOVERY OF RATES, CHARGES AND OTHER MONEY

Division 1 - Recovery of rates, charges and other amounts by charging authorities

354. Definition
355. Certain rates and charges to be a charge on land
356. Interest on rates and charges
357. Recovery of rates, charges and other money
358. Joint owners
359. Sale of land for unpaid rates and charges
360. Certificate as to amount due
361. Liability where an estate or interest is transferred
362. Liability where a person becomes entitled to an estate or interest

Division 2 - Provisions relating to access licences

362A. Joint owners
362B. Certificate as to charges outstanding in relation to access licences
362C. Unpaid fees, charges and civil penalties

PART 5 - LEGAL PROCEEDINGS AND APPEALS

Division 1 - Legal proceedings

363. Offences by corporations
363A. Offences by joint holders of access licence or approval
363B. Penalties
364. Proceedings for offences
364A. Matters to be considered in imposing penalty
365. Penalty notices
365A. Continuing offences
366. Legal proceedings do not affect, and are unaffected by, other action under this Act
367. Evidentiary certificates
367A. Evidence of analysts
367B. Rebuttable presumptions

Division 2 - Appeals

368. Appeals to Land and Environment Court

CHAPTER 8 - ADMINISTRATION

PART 1 - (Repealed)
None

PART 2 - WATER ADMINISTRATION MINISTERIAL CORPORATION

371. Constitution of Water Administration Ministerial Corporation
372. Functions of Ministerial Corporation
372A. Metering equipment functions
372B. Interests and rights in metering equipment
373. Commercial operations
374. Application of Public Works Act 1912
375. Acquisition of land
376. Staff of Ministerial Corporation
377. Delegation of functions

PART 3 - WATER INVESTMENT TRUST

378. Definitions
379. Constitution of Trust
380. Objects of Trust
381. Functions of Trust
382. Staff of Trust
383. Delegation
384. Water Investment Trust Fund
385. Investments
386. Investment levies on water users

PART 3A - MURRAY-DARLING BASIN

386A. Definitions
386B. Appointments to Basin Officials Committee
386C. Minister may act for Government of NSW
386D. Authorisation of works, operations and measures under the Agreement
386E. Constructing Authority for NSW
386F. Certain documents to be tabled in Parliament

PART 4 - GENERAL ADMINISTRATION

387. Expert advisory panels
387A. Water Innovation Council
388. Committees
389. Delegation
389A. Conferral of water management functions on public authorities
389B. Gas and other petroleum activities--enforcement by EPA
390. Authorised officers and analysts
391. Resolution of disputes between public authorities
391A. Interstate arrangements in relation to access licences and approvals

CHAPTER 9 - MISCELLANEOUS

392. State's water rights
393. Abolition of common law riparian rights
394. Service of documents
395. Publication of notices, orders and proclamations in authorised manner
395A. Continuing effect of directions and conditions
396. Act binds Crown
397. Exclusion of personal liability
398. Exclusion of Crown liability
399. Annual reporting information for Department
400. Regulations
400A. Excluded matters
400B. Displacement of Commonwealth water legislation
401. Repeals
402. Amendment of other Acts
403. Savings, transitional and other provisions
404. Review of Act
SCHEDULE 1A
SCHEDULE 1B
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9
SCHEDULE 9A
SCHEDULE 10
SCHEDULE 11
SCHEDULE 12
SCHEDULE 13
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