New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 336B

336B Mandatory guidelines

(1) The Minister may, by order published on the NSW legislation website, establish mandatory guidelines with respect to the taking and use of water for domestic consumption and stock watering by landholders or other persons authorised to take and use water for either or both of those purposes under--

(a) a domestic and stock right, or

(b) a domestic and stock access licence.

(2) Before establishing any guidelines under this section, the Minister must prepare draft guidelines.

(3) The Minister--

(a) must give public notice of the draft guidelines, and

(b) must exhibit the draft guidelines (together with such other information as is appropriate or necessary to enable the draft guidelines and their implications to be understood) at the places, on the dates and during the times set out in the notice.

(4) The public notice referred to in subsection (3) (a)--

(a) must specify the places at which, the dates on which, and the times during which, the draft guidelines may be inspected by the public, and

(b) must specify a period of at least 40 days during which submissions may be made to the Minister in relation to the guidelines (the
"submission period" ), and

(c) must be published in the authorised manner.

(5) During the submission period, any person may make written submissions to the Minister on the draft guidelines.

(6) After complying with the requirements of this section, the Minister--

(a) may establish guidelines under this section in accordance with the draft guidelines, or

(b) may establish guidelines under this section in accordance with the draft guidelines, but with such alterations as the Minister thinks fit, or

(c) may decide not to proceed with the draft guidelines.

(7) The Minister is to cause--

(a) a copy of any guidelines established under this section as in force from time to time to be published on the Department's internet site, and

(b) copies of the guidelines as in force from time to time to be made available for inspection by members of the public during ordinary business hours at such places as the Minister directs.

(8) A failure to comply with subsection (7) does not affect the validity of any guidelines established under this section.

(9) In this section--

"domestic consumption" , in relation to land, includes (but is not limited to) domestic consumption within the meaning of section 52.

"stock watering" , in relation to land, includes (but is not limited to) stock watering within the meaning of section 52.