New South Wales Consolidated Acts

WATER NSW ACT 2014

- As at 1 March 2024 
- Act 74 of 2014 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions

   PART 2 - CONSTITUTION AND FUNCTIONS OF WATER NSW

           Division 1 - Constitution of Water NSW

   4.      Constitution of Water NSW
   5.      Foundation charter of Water NSW

           Division 2 - Objectives and functions of Water NSW

   6.      Objectives of Water NSW
   7.      Functions of Water NSW

           Division 3 - Management of Water NSW

   8.      Board of directors of Water NSW
   9.      Chief executive officer
   10.     Acting chief executive officer

           Division 4 - Operating licences

   11.     Grant of operating licences
   12.     Terms and conditions of operating licence
   13.     Amendment of operating licence
   14.     Term of operating licence
   15.     Area of operations of Water NSW
   16.     Contravention of operating licence
   17.     Contravention of operating licence: action by IPART
   18.     Administrative review of certain decisions of IPART concerning operating licence
   19.     Cancellation of operating licence

           Division 5 - Memoranda of understanding

   20.     Definition
   21.     Requirement to enter into certain memoranda of understanding
   22.     Direction to enter into certain memoranda of understanding
   23.     Public exhibition of memoranda of understanding

           Division 6 - Arrangements for drawing water

   24.     Arrangements for drawing water from certain water storages and pipelines

           Division 7 - Arrangements with Sydney Water Corporation

   25.     Arrangements with Sydney Water Corporation
   26.     Negotiations
   27.     Role of IPART with respect to arrangements

           Division 8 - Transfer of assets, rights and liabilities

   28.     Transfer of specified assets, rights and liabilities

           Division 9 - Staff transfers

   28A.    Transfer of departmental staff to Water NSW

   PART 3 - POWERS OF WATER NSW

   29.     Ownership of works
   30.     Acquisition of land for purposes of this Act
   31.     Metering equipment functions
   32.     Entry on land to read meters or carry out works
   33.     Power to break up roads
   34.     Altering position of conduits
   35.     Water NSW may use water management works to generate hydro-electricity
   36.     Obstruction of water management works
   37.     Compensation by Water NSW for damage
   38.     Compensation to Water NSW for damage
   39.     Water NSW may impose fees and charges

   PART 4 - DECLARED CATCHMENT AREAS AND SPECIAL AND CONTROLLED AREAS

           Division 1 - Declared catchment areas

   40.     Declaration of declared catchment areas
   41.     Catchment health indicators
   42.     Catchment audits
   43.     Incorporation of catchment audit findings
   44.     Report concerning adjustments as a result of catchment audit findings
   45.     Operation of this Division

           Division 2 - Special areas

   46.     Definitions
   47.     Special areas
   48.     Restriction on alienation of land in special areas
   49.     Crown land in special areas
   50.     Exercise of functions by public agencies in special areas
   51.     Regulations concerning special areas
   52.     Plans of management
   53.     Operations under plan of management

           Division 3 - Controlled areas

   54.     Controlled areas
   55.     Regulations concerning controlled areas

   PART 5 - REGULATORY FUNCTIONS

           Division 1 - Functions of IPART

   56.     Regulatory functions of IPART
   57.     Operational and other audits
   58.     Report on operational audit
   59.     Tabling of report in Parliament
   60.     Cost of audit

           Division 2 - Functions of Regulatory Authority

   61.     Regulatory Authority
   62.     Concurrence and other roles under environmental planning instruments concerning declared catchment areas
   63.     Compliance role under other legislation
   64.     Approval of infrastructure activities within Sydney catchment area

   PART 5A - SPECIAL PROVISIONS RELATING TO WARRAGAMBA DAM

   64A.    Definitions
   64B.    Temporary inundation of national park land
   64C.    Environmental management plan for temporary inundation of national park land
   64D.    Amendment and revocation of environmental management plan
   64E.    Ministerial directions
   64F.    Water NSW required to notify Chief Executive of OEH of certain matters
   64G.    Delegation by NPW Minister

   PART 6 - COMPLIANCE AND ENFORCEMENT

           Division 1 - Authorised officers

   65.     Authorised officers
   66.     Authorised officers may request assistance
   67.     Obstruction of authorised officer

           Division 2 - Powers of entry of authorised officers

   68.     Entry on to land
   69.     Search warrants

           Division 3 - Investigation powers

   70.     Power of authorised officers to require answers
   71.     Requirement to provide information and records
   72.     Provisions relating to records
   73.     Requirement to state name and address or produce driver licence
   74.     Requirement for owner of motor vehicle and others to give information
   75.     Provisions relating to requirements to provide records, information or answer questions

           Division 4 - Catchment correction notices and catchment protection notices

              Subdivision 1 - Definitions

   76.     Definitions

              Subdivision 2 - Catchment correction notices

   77.     Corrective action by occupiers or persons carrying on certain activities
   78.     Corrective action by public authorities
   79.     Catchment correction notice may be given orally
   80.     Fee for catchment correction notice

              Subdivision 3 - Catchment protection notices

   81.     Preventive action
   82.     Action in event of failure to comply
   83.     Commencement of operation of catchment protection notice or variation of catchment protection notice
   84.     Fee for catchment protection notice
   85.     Appeals against catchment protection notices

              Subdivision 4 - Compliance costs

   86.     Compliance cost notices
   87.     Recovery of amounts
   88.     Registration of compliance cost notices in relation to land
   89.     Charge on land subject to compliance cost notice

              Subdivision 5 - General

   90.     Multiple notices
   91.     No fee for revocation or variation
   92.     Obstruction of persons

           Division 5 - Offences

   93.     Illegal diversion of water
   94.     Offence to discharge into works

           Division 6 - Executive and accessorial liability

   95.     Liability of directors etc for offences by corporation--offences attracting executive liability
   96.     Liability of directors etc for offences by corporation--accessory to the commission of the offences
   97.     Persons causing offences

           Division 7 - Proceedings for offences

   98.     Continuing offences
   99.     Onus of proof of certain matters
   100.    Time within which proceedings may be commenced
   101.    Nature of proceedings for offences
   102.    Penalty notices
   103.    Payment of penalty does not affect other proceedings

           Division 8 - Evidentiary provisions

   104.    Evidence as to state of mind of corporation
   105.    Proof of certain appointments not required
   106.    Documentary evidence generally
   107.    Certificate evidence of certain matters
   108.    Evidence of analysts

   PART 7 - MISCELLANEOUS

   109.    Revocation or variation of notices
   110.    Delegation by Minister
   111.    Tabling of certain reports in Parliament when it is not sitting
   112.    Service of notices
   113.    Exclusion of personal liability
   114.    Regulations
   115.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           Schedule 4 (Repealed)