New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
WATER MANAGEMENT ACT 2000 - SECT 54
Harvestable rights orders
54 Harvestable rights orders
(1) The Minister, by order published on the NSW legislation website, may-- (a)
constitute any land as a harvestable rights area, and
(b) name the area that
is constituted, and
(c) fix the boundaries of the area that is constituted.
Note : An order under this section may be amended or repealed by a subsequent
order (see section 43 of the Interpretation Act 1987 ).
Editorial note : For
harvestable rights orders see Gazette No 110 of 1.7.2004, pp 5515, 5517 and
Gazette No 40 of 31.3.2006, p 1628.
(2) The order by which a harvestable
rights area is constituted must specify-- (a) the kinds of water (such as
overland flow water) that may be captured and stored in the area in exercise
of harvestable rights, and
(b) the method for calculating the maximum
harvestable right volume for works constructed or used in exercise of
harvestable rights on landholdings in the area by reference to a proportion
(not being less than 10%) of the average regional overland flow waters for
that area.
(3) Without limiting subsection (2) (b), the kinds of ways in
which a maximum harvestable right volume for landholdings in a harvestable
rights area may be expressed include by reference to the capacity of water
supply works or volumetric limits.
(4) The order may also deal with the
following matters-- (a) the types and locations of water supply works that may
be used by a landholder to capture and store water,
(b) the means by which
the maximum capacity of a water supply work that may be constructed or used by
a landholder to capture and store water is to be calculated,
(c) the
arrangements that may be made by landholders for the shared use of a water
supply work that straddles their landholdings,
(d) the method for accounting
for water that is captured or stored in the circumstances referred to in
section 53 (3),
(e) the procedures to be followed for calculating the average
overland flow water for a landholding in the area,
(f) rules about the
purposes for which water may be captured, taken, stored or used,
(g) such
other matters as are necessary or convenient to give effect to the order.
(5)
For the purpose of calculating any matter under an order under this section, a
reference in the order to an area of land is, in the case of a landholding, a
reference to the area of the landholding.
(6) An order under this section may
deal with any matter by reference to a map held by the Department.
(7) Any
map that is referred to as provided by subsection (6) is to be available for
public inspection, free of charge, by either or both of the following means--
(a) at the appropriate regional office of the Department for the area to which
the relevant order relates, during normal office hours,
(b) on the website of
the Department or any other website that the Minister considers to be readily
accessible by members of the public.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback