New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 57A

57A Special provisions relating to floodplain harvesting access licences

(1) The regulations may make provision for or with respect to the conversion of actual or proposed floodplain water usage by landholders into any of the following categories or subcategories of floodplain harvesting access licences (
"replacement floodplain harvesting access licences" )--

(a) floodplain harvesting (regulated river) access licences,

(b) floodplain harvesting (unregulated river) access licences,

(c) any other categories or subcategories of floodplain harvesting access licences prescribed for the purposes of section 57 (1) (l) or (2).

(2) Without limiting subsection (1), the regulations may make provision for or with respect to the following--

(a) the circumstances in which actual or proposed floodplain water usage by landholders will give rise to replacement floodplain harvesting access licences,

(b) the terms and conditions of replacement floodplain harvesting access licences,

(c) the share components of replacement floodplain harvesting access licences (including the process for the determination of such share components),

(d) the determination of applications for approvals for flood works or other works (whether made under this Act or the Water Act 1912 ) in connection with floodplains in respect of which replacement floodplain harvesting access licences will arise,

(e) the establishment, functions and procedure of advisory committees to provide advice to the Minister on matters in connection with any scheme prescribed by the regulations for the creation of replacement floodplain harvesting access licences (including providing for the application of section 397 to the acts or omissions of such committees or their members).

(3) Regulations made for the purposes of this section have effect despite any provisions of this Act (including Schedule 10) that are specified by the regulations.

(4) A floodplain harvesting (regulated river) access licence, or other category or subcategory of floodplain harvesting access licence, that nominates a regulated river water source is taken to authorise the taking of water from the floodplain for the river and, accordingly, any water taken under that licence from that floodplain is to be treated as having been taken from the regulated river water source for the purposes of this Act or any management plan that applies to the river.

Note--: For example, the taking of water from a floodplain under a floodplain harvesting (regulated river) access licence otherwise than in accordance with the water allocation for the licence will be an offence under section 60C even though it was not directly taken from the regulated river to which the licence relates.

(5) In this section--

"floodplain water usage" by landholders means the taking or use of water by landholders (whether or not under an approval, licence or other authority) from land that is, or is to become, a floodplain.

Note--: The Dictionary defines
"floodplain" to mean land declared by the regulations to be a floodplain.