Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
"access licence" means an access licence referred to in section 56.
"access licence certificate" means a certificate issued under section 87B.
"access licence dealing principles" means principles established under
section 71Z.
"access licence dealing rules" means the rules established by the water
sharing provisions of a management plan, as referred to in section 20 (1) (d).
"Access Register" means the Water Access Licence Register required to be kept
under section 71.
"activity approval" means a controlled activity approval or an aquifer
interference approval.
"adaptive environmental water condition" means a condition imposed on an
access licence of a type referred to in section 8 (1) (b) (i).
"approval" means a water use approval, a water management work approval or an
activity approval.
"approved form" means form approved by the Minister.
"aquifer" means a geological structure or formation, or an artificial
landfill, that is permeated with water or is capable of being permeated with
water.
"aquifer interference activity" means an activity involving any of the
following--
(a) the penetration of an aquifer,
(b) the interference with water in an aquifer,
(c) the obstruction of the flow of water in an aquifer,
(d) the taking of water from an aquifer in the course of carrying out mining, or any other activity prescribed by the regulations,
(e) the disposal of water taken from an aquifer as referred to in paragraph (d).
(a) an assignment of water allocations to or from the water allocation account for an access licence as referred to in section 71T,
(b) the crediting or debiting of water allocations to or from the water allocation account for an access licence to give effect to an interstate assignment of water allocations as referred to in section 71V,
(c) an assignment of the whole or part of one or more individual daily extraction components as referred to in section 71QA.
(a) the erection of a building or the carrying out of a work (within the meaning of the Environmental Planning and Assessment Act 1979 ), or
(b) the removal of material (whether or not extractive material) or vegetation from land, whether by way of excavation or otherwise, or
(c) the deposition of material (whether or not extractive material) on land, whether by way of landfill operations or otherwise, or
(d) the carrying out of any other activity that affects the quantity or flow of water in a water source.
(a) any sewage work (within the meaning of Part 2 of Chapter 6), or
(b) any work declared by the regulations not to be a drainage work.
(a) any part of a river whose level is periodically or intermittently affected by coastal tides, or
(b) any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or
(c) anything declared by the regulations to be an estuary,but does not include anything declared by the regulations not to be an estuary.
(a) an extreme dry period,
(b) a water quality event of an intensity, magnitude and duration that is sufficient to render water acutely toxic or unusable for established local uses and values,
(c) any other type of event that has resulted in the suspension of a water management plan under this Act or in the last 50 years of a plan that deals with water allocation and is made under any other Act.
(a) that is situated--(i) in or in the vicinity of a river, estuary or lake, or(ii) within a floodplain, and
(b) that is of such a size or configuration that, regardless of the purpose for which it is constructed or used, it is likely to have an effect on--and includes all associated pipes, valves, metering equipment and other equipment, but does not include any work declared by the regulations not to be a flood work.(i) the flow of water to or from a river, estuary or lake, or(ii) the distribution or flow of floodwater in times of flood,
(a) the transfer of the licence or holding from one person to another, as referred to in section 71M,
(b) the term transfer of the water entitlements conferred by the licence or holding from one person to another, as referred to in section 71N,
(c) the grant of a new access licence of a different category or subcategory, as referred to in section 71O,
(d) the grant of an access licence arising from a subdivision or consolidation, as referred to in section 71P,
(da) the grant of an access licence on an application under section 74,
(e) the assignment of rights in the licence, as referred to in section 71Q,
(f) the grant of a new access licence after amendment of the share component of the licence, as referred to in section 71R,
(g) the amendment of the extraction component of an access licence, as referred to in section 71S,
(h) the grant or cancellation of an access licence to give effect to the interstate transfer of an access licence, as referred to in section 71U,
(i) the amendment of the licence to nominate a specified water supply work, or group of water supply works, as a means by which water allocations under the licence may be taken, as referred to in section 71W,
(j) such other dealings as are prescribed by the regulations.
(a) a wetland, a lagoon, a saltmarsh and any collection of still water, whether perennial or intermittent and whether natural or artificial, and
(b) any water declared by the regulations to be a lake,whether or not it also forms part of a river or estuary, but does not include any water declared by the regulations not to be a lake.
(a) the owner of the land or (if the owner is not in occupation of the land) the lawful occupier of the land, or
(b) the local council, in the case of land that comprises--(i) a public road vested in, or under the control or management of, the local council, or(ii) the site of a work that is, or is proposed to be, constructed for the local council.
(a) a parcel of land that is separately valued under the Valuation of Land Act 1916 , or
(b) two or more such parcels that together form a single area of land (ignoring any division that arises merely because the land is transected by a road or river).
(a) a water supply authority, or
(b) a council or county council exercising water supply functions under Division 2 of Part 3 of Chapter 6 of the Local Government Act 1993 , or
(c) a registered operator within the meaning of the Water Industry Competition Act 2006 .
(a) the grant of an access licence under section 63, 63A or 63B,
(b) the issue of a replacement access licence (within the meaning of Schedule 10) arising from the operation of that Schedule,
(c) the amendment or revocation of the conditions of an access licence under sections 66- 68,
(ca) the grant of an access licence under section 8C or the imposition, revocation or amendment of an adaptive environmental water condition under section 8B, 8C or 8D,
(d) the amendment of the share or extraction component of an access licence under section 68A or 68B,
(d1) the amendment of the share component of a specific purpose access licence or the withdrawal of the nomination of a work under section 68A,
(e) the surrender of an access licence under section 77,
(f) the cancellation of an access licence under section 77A,
(g) the suspension or cancellation of an access licence under section 78,
(h) the compulsory acquisition of an access licence under section 79,
(i) any other action in relation to an access licence or holding in an access licence prescribed by the regulations.
(a) is entitled to the land for an estate of freehold in possession, or
(b) is a person to whom the Crown has contracted to sell the land under the Crown Land Management Act 2016 , or
(c) is entitled to receive, or receives, or if the land were let to a tenant would be entitled to receive, the rents and profits of the land, whether as beneficial owner, trustee, mortgagee in possession or otherwise,and, in relation to land of the Crown other than land for which there is an owner under paragraph (b) or (c), means the Crown.
(a) a Minister of the Crown, or
(b) a Public Service agency, or
(c) a statutory body representing the Crown, or
(d) a statutory State owned corporation (or any of its subsidiaries) within the meaning of the State Owned Corporations Act 1989 , or
(e) a council or county council within the meaning of the Local Government Act 1993 ,but does not include any person or body declared by the regulations not to be a public authority.
Editorial note : For orders pursuant to this definition see Gazettes No 264 of 27.12.2002, p 11119, No 45 of 14.2.2003, p 1664, No 49 of 21.2.2003, pp 2504, 2506, 2508; No 52 of 26.2.2003, pp 3135, 3140; No 110 of 1.7.2004, pp 5482, 5484, 5486, 5488, 5490, 5494, 5500, 5502; No 179 of 12.11.2004, p 8461; No 82B of 26.6.2007, p 3913; No 79 of 29.5.2009, p 2491; No 135 of 17.12.2010, p 5902; No 19 of 15.2.2012, p 417; No 92 of 14.9.2012, p 3955 and No 56 of 1.7.2016, p 1918. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality.
(a) any watercourse, whether perennial or intermittent and whether comprising a natural channel or a natural channel artificially improved, and
(b) any tributary, branch or other watercourse into or from which a watercourse referred to in paragraph (a) flows, and
(c) anything declared by the regulations to be a river,whether or not it also forms part of a lake or estuary, but does not include anything declared by the regulations not to be a river.
(a) a major utility access licence, or
(b) a local water utility access licence, or
(c) a domestic and stock access licence, or
(d) an access licence of a subcategory of access licence, or
(e) an access licence of a type that is declared by the regulations to be a specific purpose access licence.
(a) a company within the meaning of the Corporations Act 2001 of the Commonwealth, and
(b) a society within the meaning of the Co-operative Housing and Starr-Bowkett Societies Act 1998 or a co-operative within the meaning of the Co-operatives National Law (NSW) , or
(c) an incorporated association within the meaning of the Associations Incorporation Act 2009 .
(a) in relation to a water supply work--(i) to operate the work for any purpose referred to in paragraph (a), (b) or (c) of the definition of
"water supply work" , or(ii) to allow the work to operate for that purpose, or
(b) in relation to a drainage work--(i) to operate the work for the purpose of draining water from land, or(ii) to allow the work to operate for that purpose, or
(c) in relation to a flood work--(i) to operate the work for the purpose of influencing the flow of floodwater in the vicinity of the land on which the work is situated, or(ii) to allow the work to operate for that purpose.
(a) for the purpose of finding an aquifer, or
(b) for the purpose of testing the production capacity or water quality of an aquifer, or
(c) for the purpose of taking water from, or discharging anything into, an aquifer, or
(d) for any other purpose prescribed by the regulations,being a bore that has been artificially created, widened, lengthened or modified by means of drilling, boring, augering, digging or jetting.
(a) one or more rivers, lakes or estuaries, or
(b) one or more places where water occurs on or below the surface of the ground (including overland flow water flowing over or lying there for the time being),and includes the coastal waters of the State.
(a) without limiting paragraphs (b)-(g), a work (such as a water pump or water bore) for the purpose of taking water from a water source, or
(b) a work (such as a tank or dam) for the purpose of capturing or storing water, or
(c) a work (such as a water pipe or irrigation channel) for the purpose of conveying water to the point at which it is to be used, or
(d) any work (such as a bank or levee) that has, or could have, the effect of diverting water flowing to or from a water source, or
(e) any work (such as a weir) that has, or could have, the effect of impounding water in a water source,including a reticulated system of such works, and includes all associated pipes, sluices, valves, metering equipment and other equipment, but does not include--
(f) any work (other than a water supply work under the control or management of the Sydney Water Corporation, the Hunter Water Corporation or a local water utility) that receives water from a water supply work under the control or management of the Sydney Water Corporation, the Hunter Water Corporation or a local water utility, or
(g) any work declared by the regulations not to be a water supply work.
(a) the bed of any river, together with any land lying between the bed of the river and a line drawn parallel to, and the prescribed distance inland of, the highest bank of the river, or
(a1) the bed of any lake, together with any land lying between the bed of the lake and a line drawn parallel to, and the prescribed distance inland of, the shore of the lake, or
(a2) the bed of any estuary, together with any land lying between the bed of the estuary and a line drawn parallel to, and the prescribed distance inland of, the mean high water mark of the estuary, or
(b) if the regulations so provide, the bed of the coastal waters of the State, and any land lying between the shoreline of the coastal waters and a line drawn parallel to, and the prescribed distance inland of, the mean high water mark of the coastal waters,where the prescribed distance is 40 metres or (if the regulations prescribe a lesser distance, either generally or in relation to a particular location or class of locations) that lesser distance. Land that falls into 2 or more of the categories referred to in paragraphs (a), (a1) and (a2) may be waterfront land by virtue of any of the paragraphs relevant to that land.