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WATER NSW ACT 2014 - SECT 3
Definitions
(1) In this Act--
"area of operations" of Water NSW--see section 15.
"assets" --see clause 2 (1) of Schedule 1.
"authorised officer" means a person who has been appointed as an
authorised officer under this Act.
"board" means the board of directors of Water NSW.
"catchment audit" means an audit conducted under section 42.
"catchment health" , in relation to a declared catchment area, means the
condition of ecosystems and systems of management (such as sewerage and
stormwater systems) in that catchment that protect water quality.
"catchment infrastructure works" means-- (a) water storages, water mains, or
connected or associated works, or
(b) monitoring devices in, under, over or
near any works referred to in paragraph (a), or
(c) any works ancillary or
antecedent to any works referred to in paragraph (a) or (b), or
(d)
hydro-electric plants or associated infrastructure or works,
and includes
anything prescribed by the regulations as being within this definition, but
excludes anything prescribed by the regulations as being outside this
definition.
"catchment management" means the management of land and water resources in a
declared catchment area.
"chief executive officer" means the chief executive officer of Water NSW.
"controlled area" means an area of land for the time being declared under this
Act to be a controlled area.
"county council" means a county council under the Local Government Act 1993 .
"declared catchment area" means an area of land for the time being declared
under this Act to be a declared catchment area.
"Department" means the Department of Industry, Skills and Regional
Development.
"Fish River water supply scheme" means the water management work comprising
the concrete dam on Fish River at Oberon and Duckmaloi Weir, together with--
(a) its associated gravitation main, concrete reservoirs, reticulation systems
and treatment works, and
(b) the pumping station at Oberon, and
(c) all
incidental and connected works, and
(d) all additions, amplifications,
improvements and extensions to that scheme.
"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.
"IPART" means the Independent Pricing and Regulatory Tribunal established
under the Independent Pricing and Regulatory Tribunal Act 1992 .
"land" includes the following-- (a) the sea or an arm of the sea,
(b) a bay,
inlet, lagoon, lake or body of water, whether inland or not and whether tidal
or non-tidal,
(c) a river, stream or watercourse, whether tidal or non-tidal,
(d) a building erected on the land.
"lease" includes a licence or permit.
"liabilities" --see clause 2 (1) of Schedule 1.
"listed functions" of Water NSW--see section 7 (1).
"Ministerial Corporation" means the Water Administration
Ministerial Corporation constituted by the Water Management Act 2000 .
"motor vehicle" means any motor car, motor cycle or other vehicle propelled by
any means other than human or animal power.
"operating licence" means an operating licence granted under this Act or any
renewal of it.
"operational audit" means an operational audit of Water NSW that is required
to be prepared under an operating licence.
"owner" , in relation to land, includes every person who jointly or severally
at law or in equity-- (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 any other Act relating to
alienation of land of the Crown, or
(c) is entitled to receive, or receives,
or if the land were let to a tenant would 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, means the Crown, but does
not include a person who, or a class of persons that, is declared by the
regulations as being outside this definition, either generally or in a
particular case or class of cases.
"public authority" includes a corporation that is incorporated by or under an
Act, but does not include-- (a) a company within the meaning of the
Corporations Act 2001 of the Commonwealth, or
(b) a co-operative within the
meaning of the Co-operatives National Law (NSW) , or
(c) an association
incorporated under the Associations Incorporation Act 2009 , or
(d) a body
prescribed by the regulations as not being a public authority for the purposes
of this definition.
"Regulatory Authority" --see section 61.
"rights" --see clause 2 (1) of Schedule 1.
"special area" means an area of land for the time being declared under this
Act to be a special area.
"specified" includes referred to.
"State Water Corporation" means State Water Corporation as constituted by the
State Water Corporation Act 2004 immediately before the repeal of that Act by
this Act.
"Sydney catchment area" means the declared catchment area known as the
Sydney catchment area referred to in clause 17 of Schedule 2, as declared from
time to time under this Act.
"water storages" means dam walls, pumps and other works used for or with
respect to the extraction, and storage, of-- (a) water in rivers and lakes,
and
(b) water occurring naturally on the surface of the ground, and
(c)
sub-surface waters.
"works" , in relation to Water NSW, includes-- (a) any
catchment infrastructure works, metering equipment, water storages and other
water management works vested in or under the control of Water NSW, and
(b)
any other assets of Water NSW of a kind prescribed by the regulations.
(2) In
this Act, each of the following terms and expressions has the same meaning as
in the Water Management Act 2000 --
"estuary"
"lake"
"metering equipment"
"river"
"water management work"
"water source"
"water supply authority"
(3) Subject to subsections (1) and (2), words and
expressions used in this Act have the same meanings as they have in the
State Owned Corporations Act 1989 .
(4) Notes included in this Act do not
form part of this Act.
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