2005

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for the Environment)

2005

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for the Environment)

An Act to amend the Water Resources Act 1998, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Water Resources Amendment Act 2005.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Water Resources Act 1998.

Note This Act also amends the Administrative Decisions (Judicial Review) Act 1989 (see s 6).

(1) A utility that has an allocation and a licence to take water from a waterway may take water under the allocation from—

(a) the subcatchment stated in the allocation; or

(b) any other subcatchment in the waterway; or

(c) any subcatchment in any other waterway for which the utility holds an allocation and a licence to take water.

(2) However, a utility may act under subsection (1) (b) and (c) only if—

(a) the environmental flow required under the guidelines and the licence is maintained in each waterway from which the water is taken; and

(b) the total volume of water taken by the utility is not greater than the total volume stated in all allocations held by the utility.

(3) This section applies despite any condition of an allocation or licence held by the utility.

(4) In this section:

subcatchment means a subcatchment described in the management plan.

utility means a utility licensed under the Utilities Act 2000 to provide a water service.

(1) The Minister may, in writing, declare that 1 or more of the following provisions are suspended for a period or periods stated in the declaration:

(a) section 28 (1) to (6) (Allocation of water);

(b) section 35 (1) to (4) (Licence to take water);

(c) section 44 (1) and (2) (Bore construction permit);

(d) section 47 (2) to (6) (Unlicensed recharge);

(e) section 77 (3) (Review of decisions).

Note A power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters (see Legislation Act, s 48).

(2) A declaration is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(3) A declaration commences, or is taken to have commenced, on—

(a) the date stated in the declaration; or

(b) if no date is stated—the day after its notification day.

(4) For subsection (3) (a), the date stated may be the date when the bill for this Act was first presented to the Legislative Assembly, or any later date.

(1) The making of a declaration under section 63A does not create a right.

(2) Accordingly, a decision to make (or not to make) a declaration is final and conclusive.

(3) To remove any doubt and without limiting subsection (2), the following do not apply to decisions mentioned in that subsection:

(a) section 77 (Review of decisions);

(b) a territory law relating to the review of decisions that is prescribed by a regulation.

(4) This section has effect despite any other territory law, whether passed before or after the commencement of this Act.

(5) To remove any doubt, a right under subsection (1) means any right or interest, whether public or private.

10 This Act does not apply to decisions of the Minister under the Water Resources Act 2005, section 63A (Moratorium on granting licences etc).

Presentation speech made in the Legislative Assembly on 2005.

Notified under the Legislation Act on 2005.

For the latest republication of amended laws, see www.legislation.act.gov.au.