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WATER ACT 1912
- As at 25 February 2019
- Act 44 of 1912
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
Division 1 - General
1. Name of Act
2. Repeal
3. Savings
4. Definitions
4A. Inquiries and appeals--requirement to take certain matters into account
4B-4F. (Repealed)
4G. Proceedings for offences
4H. Savings and transitional provisions
Division 2 - Relationship with Environmental Planning and Assessment Act 1979--integrated development
4I. Application of Division 2
4J. Definitions
4K. Notice of applications
4L. Objectors rights of appeal
4M. Regulations
PART 2 - WATER RIGHTS AND WORKS
Division 1 - Interpretation
5. Definitions
Division 2 - Rights of the Crown and of riparian proprietors
6, 7. (Repealed)
8. Rights of Crown in respect of works
9. Rights of occupiers of work to which this Part extends
Division 3 - Licences
10. Application for licences
11. Notification of application for licence
11A. Determination of applications affected by reviews by Planning Assessment Commission
12. Licence
13. Application by two or more occupiers
13A. Application for licence by person who does not occupy land on which works are to be constructed
13AA. Amended licences
13B. Ministerial Corporation may prescribe maximum areas etc for which water may be appropriated for irrigation
13C. Ministerial Corporation may refuse to grant certain applications for licences
13D. Water not to be taken until works have been completed
13E. (Repealed)
13F. Ministerial Corporation may cancel licence if work not used for three years
14. Renewal
14A. Fees
14B. (Repealed)
15. Separate applications
16. Benefit of licence
17. Rights of holder of licence or group licence
17A. Revocation or suspension etc of licence
17B. Offences with respect to licences
17C. Revocation and cancellation of licences
17D. (Repealed)
18. Penalty for alteration of work during currency of licence
Division 3A - (Repealed)
None
Division 3B - Permits
18F. Permits
18G. Application for permit
18H. Power to grant permit instead of licence
18I. Issue of permits
18J. Renewal of permits
18K. Permit not to lapse pending consideration of application for renewal
18L. Power to require application to be made for licence
18M. Power to charge different fees
18N. Separate application for each work
18O. Power to suspend permit etc
18P. (Repealed)
18Q. Permit to pass with land
18R. Offences with respect to permits
Division 4 - Joint water supply schemes
19. Joint water supply scheme
20. Application for authority
20A. Notification of application and reference to Secretary or Magistrate
20B. Authority
20BA. Ministerial Corporation may refuse to grant certain applications for authorities
20BB. Water not to be taken until works completed
20BC. Ministerial Corporation may cancel authority if work not used for 3 years
20C. Renewal of authority
20CA. Application for authority by persons who do not occupy land on which works are to be constructed
20CB. Renewal of authorities under section 20CA
20D. Penalty for certain alterations to work
20E. Amended authorities
20F. Benefit of authority
20G. Existing authorities
20H. Revocation or suspension etc of authority
20HA. Offences with respect to authorities
20HB. Revocation and cancellation of authorities
Division 4A - Group licences
20I. Definitions
20J. Boards to take water only under a group licence
20K. Application for group licence
20L. Issue of group licence
20M. Lapse of licence or authority
20N. Partial waiver of fee
20O. Renewal of group licence
20P. Power to charge different fees
20PA. Fees payable by instalments
20Q. Amendment of group licence
20R. Occupiers bound by group licence
20S. Revocation or suspension etc of group licence
20SA. Offences with respect to group licences
20T. Penalty for certain alterations to work
20U. Revocation and cancellation of group licences
Division 4B - Volumetric water allocations schemes
20V. Definitions
20W. Power of Ministerial Corporation to declare water source to be subject to volumetric water allocations scheme
20X. Determination of water allocations in respect of entitlements
20XA. Variation of water allocations
20XB. Removal of area restrictions on irrigation entitlements
20XC. Corresponding increase and decrease of water allocation
20Y. Invalidation of applications for entitlements
20Z. Power of Ministerial Corporation to reduce water allocations in time of shortage
20AA. Powers of Ministerial Corporation in years of surplus
20AB. Issue of new entitlements
20AC. Water meters
20AD. Provisions applicable in cases of subdivision of land
20AE. Power of entry
20AF. Ordering of supply of water
Division 4C - Transfer of water allocations
20AG. Interpretation
20AH. Water allocation may be transferred
20AI. Application for transfer
20AJ. Form of transfer to be lodged and fee paid
20AK. Superseded entitlement to be cancelled
20AL. Purchase of water allocations by the Ministerial Corporation
20AM. Applications not affected by section 20Y notice
Division 4D - Sale by the Ministerial Corporation of water allocations
20AN. Interpretation
20AO. Sale etc of water allocations of available water
20AP. Application for entitlement
20AQ. Superseded entitlement to be cancelled
20AR. Applications not affected by section 20Y notice
Division 5 - Miscellaneous
21. Injuries to works
21A. Pollution of rivers and lakes
21B. Offences with respect to construction, erection and use of work without licence etc
22. Power of entry
22A. Public authorities may construct and use works in times of shortage of water
22B. Restriction or suspension of rights held under licences etc during periods of water shortage
22BA. Invalidation of applications for entitlements
22BB. Invalidation of applications for entitlements in respect of dams
22C. Charge if flow of water assured by work of Crown or water or dam managed by State
22D. Sale of land pending transfer of water allocation
23. Obstructing persons in the performance of duties
24. Recovery of fees, charges, and penalties
25. Conditions relating to environmental protection
26. Consolidated Fund
26A. Act prevails over certain other Acts
26B. Powers to determine licence, group licence or authority
26C. Construction of work by Crown for councils
26D, 26DA. (Repealed)
27. Regulations
27A. Application of Part
PARTS 3, 4 - (Repealed)
None
PART 5 - ARTESIAN WELLS
Division 1 - Interpretation and general
105. Definitions
106. Works under repealed Acts
Division 2 - Construction and charges
107. Notification of proposal etc
108. Assessment of charges
109. Construction of well on petition of occupiers
110. Assessment of charges
111. Extension of supply
Division 3 - Licences
111A. (Repealed)
112. Bores to be licensed
113. Application for licence
113A. Invalidation of applications for licences
114. Inquiry
115. Issue of licence
115A. (Repealed)
116. Granting of licence
116AA. Conditions relating to environmental protection
116A. Licence fees
116B. Rejection of application
116C. Limitations and conditions
116D. Authority conferred by licence
117. Benefit of licence
117A. Declaration of restricted sub-surface water area
117B. Charges
117C. (Repealed)
117D. Water meters
117E. Restriction or suspension of rights held under licences during periods of water shortage
117F. Allocation of surplus
117G. Borrowing and carrying over
117H. Cancellation and suspension of licences
117I. Offences
117J. Transfer of water allocations
117K. Sale of land pending transfer of water allocation
118. (Repealed)
118A. Drillers to be licensed
Division 4 - Miscellaneous
119. Charge on land
120. Duty of occupier to keep in repair
121. Penalty for wilful destruction
121A. Unlawful obstruction of sub-surface water
121B. Removal of obstructions
121C. Apportionment of expenses
122. Penalty for obstruction or diversion of water
122A. Cessation of supply of water from artesian well
123. Waste of water
123A. (Repealed)
124. Power of entry
125. Recovery of charges and penalties
126. Appeal
127. Public Works Act 1912
128. Consolidated Fund
129. Regulations
129A. Application of Part
PARTS 6-8 - (Repealed)
None
PART 9 - LICENSING OF WATER MANAGEMENT AUTHORITIES
187. Definitions
188. Water management licence
189. Conditions of water management licence
190. Duration of water management licence
191. Effect of water management licence
192. Enforcement order
193. Review of water management licence
194. Water management charges
195. Offences with respect to water management licences
196. Evidence
197. Directions for remedial work
198. Civil penalties
199. Appeals
200. Compensation for loss of certain water rights
201. Regulations
202. Part to bind Crown
202A. Application of Part
203. Exclusion of certain matters
PART 10 - (Repealed)
None
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
Schedule 10 (Repealed)
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