New South Wales Consolidated Acts
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WATER MANAGEMENT ACT 2000 - SECT 45
Minister may amend or repeal management plan
45 Minister may amend or repeal management plan
(1) The Minister may at any time, by order published on the NSW legislation
website, amend a management plan-- (a) if satisfied it is in the public
interest to do so, or
(b) in such circumstances, in relation to such matters
and to such extent as the plan so provides, or
(c) if the amendment is
required to give effect to a decision of the Land and Environment Court
relating to the validity of the plan, or
(d) if satisfied that it is
necessary to do so because of requirements arising under the Water Act 2007 of
the Commonwealth.
(3) Before amending a management plan, the Minister must
obtain the concurrence of the Minister for the Environment to the amendment.
(4) The date of commencement of a management plan may, but the duration of a
management plan may not, be extended by an amendment of the plan under this
section.
(5) The Minister may at any time, by order published on the NSW
legislation website, repeal a management plan (other than a management plan
that deals with water sharing).
(5A) The Minister may at any time, by order
published on the NSW legislation website, repeal a management plan that deals
with water sharing if satisfied that it is necessary to do so because of
requirements arising under the Water Act 2007 of the Commonwealth.
(6) The
amendment or repeal of a management plan under this section takes effect on
the date the order is published on the NSW legislation website or on a later
date specified in the order.
(7) An order under subsection (1) (a) varying a
bulk access regime is not to be made in relation to a water management area
for which a management committee for water sharing is constituted unless the
Minister has consulted with the committee in relation to the proposed
amendment.
(8) A provision of a management plan that authorises the amendment
of the plan in accordance with section 42 (2) of this Act is to be construed
as a reference to an amendment authorised by subsection (1) (b).
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