New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 324

324 Temporary water restrictions

(1) If satisfied that it is necessary to do so in the public interest (such as (but not limited to) to cope with a water shortage, threat to public health or safety or to manage water for environmental purposes), the Minister may, by order in writing, direct that, for a specified period, the taking of water from a specified water source is prohibited, or is subject to specified restrictions, as the case requires.

(2) If satisfied that it is necessary to do so--

(a) to maintain or protect water levels in an aquifer, or

(b) to maintain, protect or improve the quality of water in an aquifer, or

(c) to prevent land subsidence or compaction in an aquifer, or

(d) to protect groundwater-dependent ecosystems, or

(e) to maintain pressure, or to ensure pressure recovery, in an aquifer,

the Minister may, by order in writing, direct that, within a specified area and for a specified period, the taking of water from that aquifer, or from any other aquifer that is above, below or adjacent to that aquifer, is prohibited, or is subject to specified restrictions, as the case requires.

(3) The Minister must cause a copy of an order under this section to be published in the Gazette and notice of the order to be published in the authorised manner.

(4) If satisfied that circumstances require publication of an order under subsection (1) or (2) sooner than can be achieved under subsection (3), the Minister may, prior to its publication under that subsection, cause notice of the order to be broadcast by a television or radio station transmitting to the part or parts of the State within which the water source is situated.

(5) An order under this section takes effect when it is first published or broadcast in accordance with subsection (3) or (4), as the case may be, or at such later date or time as may be specified in the order.

(6) Unless sooner repealed, an order under this section ceases to have effect on the expiry of the period specified in the order.

(7) In the event of any inconsistency between an order under this section and any other provision of this Act relating to the distribution, sharing or taking of water (including any order made, or any condition imposed on an access licence or approval, under this Act), the order under this section prevails to the extent of the inconsistency.

(8) Nothing in this section gives rise to a claim for compensation under Division 9 of Part 2 of Chapter 3.