Northern Territory Consolidated Acts
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WATER ACT 1992
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Short title
2. Commencement
3. Repeal
4. Interpretation
4A. Meaning of hydraulic fracturing waste
4B. Meaning of eligible land
5. Declarations of waterways
6. Act to bind Crown
7. Application of Act to mining activity or petroleum activity
8. Exercise of certain functions by statutory authorities
8A. Application of Criminal Code
PART 2--GENERAL PROVISIONS RELATING TO NATURAL WATER, POLLUTION AND HYDRAULIC FRACTURING WASTE
Division 1--Rights related to water and waterways
9. Crown rights to water
10. Public right to take water for domestic and stock purposes
11. Rights of owners or occupiers of land in contact with waterway to take water for certain purposes
12. Ownership of bed and banks of waterway forming boundary of land
13. Rights of owner or occupier of adjacent land over banks of boundary waterway
14. Right of owners of overlying land to take groundwater for certain purposes
14A. Restricted Water Extraction Area declaration
14B. Effect of Restricted Water Extraction Area declaration
14C. Requirements for subdivision or consolidation in Restricted Water Extraction Area
14D. Bores in Restricted Water Extraction Area
14E. Effect of revocation of Restricted Water Extraction Area declaration
15. Rights of owner or occupier to drain land or retain water
Division 2--Pollution
16. Prohibition of pollution
17. Rights to prevent pollution preserved
Division 3--Hydraulic fracturing waste
17A. Hydraulic fracturing waste and water
17B. Application of section 17A
17C. Evidentiary matters
PART 3--ADMINISTRATION
Division 1--General administration
18. Controller of Water Resources
19. Delegation
20. Power to enter land and take action
21. Authorised officer
22. Water control district
22A. Beneficial uses within water control district
22B. Water allocation plans
22C. Designation of eligible land for Aboriginal water reserve in water allocation plan
23. Water Advisory Committees
Division 2--Water Resources Review Panel
24. Establishment and constitution of Review Panel
25. Resignation of member
26. Absence of Chairperson or vacancy in office
27. Offence to disclose certain information
28. Disclosure of interest
29. Meetings of Review Panel
Division 3--Review of certain actions and decisions
30. Application for review
31. Powers of Review Panel
32. Reasons to be given
Division 4--Protection from liability
33. Protection from liability
Division 5--Remediation notices
33A. Power to give remediation notice
33B. Requirements for remediation notice
33C. Failure to comply with remediation notice
33D. Power to take action and recover costs
PART 4--WATER RESOURCES INVESTIGATION
34. Water resources investigation
35. Controller's equipment not fixture or improvement to land
36. Water investigation permits
37. Breach of water investigation permit
38. Notice where private land disturbed
39. Access to confidential information
PART 5--SURFACE WATER
Division 1--Works
40. Interfering with waterway without authorisation
41. Grant of permit to interfere with waterway
42. Breach of permit to interfere with waterway
Division 2--Taking surface water
43. Definition
44. Taking surface water without authorisation
45. Licence to take water
45A. No licence to take water for petroleum activity
46. Breach of licence to take surface water
PART 6--GROUNDWATER
Division 1--General
47. Declaration of exemptions
Division 2--Drilling licences
48. Doing bore work without licence
49. Grant of drilling licence
50. Breach of drilling licence
51. Surrender of licence
52. Obligation to produce drilling licence
53. Power to require drilling information and samples
54. Drillers' Qualifications Advisory Committee
Division 3--Bore work permits
55. Power to require information about bore
56. Doing bore work without authorisation
57. Grant of bore work permit
58. Breach of permit to do bore work
Division 4--Extraction of groundwater
59. Taking groundwater without authorisation
60. Grant of licence to take groundwater
60A. Licence to take groundwater for hydraulic fracturing
61. Breach of licence to take groundwater
Division 5--Waste disposal
62. Prohibition of unlicensed waste disposal
63. Grant of underground waste disposal licence
64. Breach of term or condition of licence
65. Change in use of bore
Division 6--Recharge of aquifers
66. Recharging aquifer without authorisation
67. Grant of recharge licence
68. Breach of recharge licence
Division 7--General
70. Power to give directions
71. Contravention of notice
PART 6A--WATER EXTRACTION LICENCE DECISIONS
71A. Water extraction licence decision and application of Part
71B. Notice of intention to make water extraction licence decision
71BA. Consent required before extraction licence given in respect of Aboriginal water reserve
71C. Making water extraction licence decision
71D. Notice of water extraction licence decision
71E. Notice of substituted or varied water extraction licence decision
PART 6B--DEVELOPMENT OF LAND FOR SUBSEQUENT LICENCES
71F. Application by developer
71G. Granting licence to developer
71H. Granting subsequent licences
71J. Trading entitlements to water
71K. Transfer of land
71L. Breach of licence
PART 6C--REVOKED EXEMPTION LICENCE DECISIONS
Division 1--Licence to take water for exempt activity
71M. Licence to take water for exempt activity
Division 2--Mining and petroleum activities
71N. Definition
71P. Application of saving provision to mining and petroleum activity
71Q. Termination of unlicensed water access for mining or petroleum activity
71R. Licence to take water for mining or petroleum activity
71S. Water extraction licence to prevail in event of inconsistency
PART 7--WATER QUALITY
72. Definition
73. Water quality standards
74. Grant of waste discharge licence
74A. Actions may be carried out under Waste Management and Pollution Control Act 1998
75. Further information
76. Breach of terms or conditions of licence
77. Monitoring
PART 8--WATER RESOURCE DEVELOPMENT
Division 1--Preliminary
78. Definition
Division 2--Development works
79. Power to construct works
80. Information and advice
Division 3--General
81. Use of bore where costs borne by Territory
82. No liability for information or advice
83. Duty to comply with Act and directions
PART 9--FEES AND CHARGES
84. Power to recover unpaid moneys
PART 10--GENERAL PROVISIONS
Division 1--General
86. Interpretation
87. Compensation and liability
88. Powers of Controller
89. Misleading information
Division 2--Powers concerning licences and rights of use
90. Factors to be considered
91. Agreement with State
92. Transfer of permit or licence
93. Power to amend, modify or revoke licence
94. Power to surrender licence
95. Registers
96. Emergency powers to limit rights to take water
97. Emergency powers to control pollution
Division 3--Offences and penalties
98. Destruction of works
99. Interference with rights
100. Wasting water
101. Obstruction of authorised officer
Division 4--Criminal liability for offences
102. Liability of occupier
102A.
102B.
102C. Criminal liability of executive officer of body corporate – legal burden of proof on defence
102D. Liability of joint approval holder
103. Evidentiary
104. Definition of maximum default penalty
Division 5--Legal proceedings
104A. Continuing offence
105. Proceedings for offences
105A. Alternative verdicts
105B. Additional orders on finding of guilt
105C. Sentencing matters
PART 11--MISCELLANEOUS
106. Service of document
107. Just compensation to be paid
108. Regulations
PART 12--TRANSITIONAL MATTERS FOR STATUTE LAW REVISION ACT (NO. 2) 1993, WATER AMENDMENT ACT 2003 AND MINERAL TITLES (CONSEQUENTIAL AMENDMENTS) ACT 2010
109. Transitional matters for Statute Law Revision Act (No. 2) 1993 , Water Amendment Act 2003 and Mineral Titles (Consequential Amendments) Act 2010
PART 13--TRANSITIONAL MATTERS FOR WATER AMENDMENT ACT 2007
110. Existing water extraction licence application
PART 14--TRANSITIONAL MATTERS FOR WATER AMENDMENT ACT 2010
111. Validation for actions before Water Amendment Act 2010
PART 15--TRANSITIONAL MATTERS FOR WATER LEGISLATION AMENDMENT ACT 2018
112. Definitions
113. Application to mining and petroleum activity
114. Licences, permits and other authorisations
115. Offence provisions – before and after commencement
116. Saving of exemption and declaration
PART 16--TRANSITIONAL MATTERS FOR WATER AMENDMENT ACT 2019
117. Application of section 60A
PART 17--TRANSITIONAL MATTERS FOR WATER LEGISLATION MISCELLANEOUS AMENDMENTS ACT 2019
118. Application of sections 71A and 71B
PART 18--TRANSITIONAL MATTERS FOR WATER FURTHER AMENDMENT ACT 2019
119. Saving of beneficial uses declarations
120. Aboriginal water reserve not to apply to allocations made before commencement
SCHEDULE
ENDNOTES
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