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This is a Bill, not an Act. For current law, see the Acts databases.


WATER MANAGEMENT AMENDMENT BILL 2014





                                     New South Wales




Water Management Amendment Bill 2014

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill
The objects of this Bill are:
(a) to amend the Water Management Act 2000 (the principal Act):
      (i)    to define the term overland flow water and confirm that overland flow water is
             included in the State's water rights under the principal Act, and
      (ii) to clarify the meanings of certain terms used in the principal Act and update certain
             terminology, and
      (iii) to make further provision with respect to harvestable rights and the matters dealt with
             by harvestable rights orders, and
      (iv) to enable a new general dealing with an access licence (called a term water
             allocation transfer) to be created, and
      (v) to make further provision with respect to the proper operation of metering equipment
             and the keeping of metering records, and
      (vi) to make it an offence for the holder of a bore driller's licence not to ensure that the
             terms and conditions of the licence are not contravened or for a trainee driller under
             the holder's supervision to contravene the terms and conditions of the licence, and
      (vii) to make further provision with respect to the calculation of the balances in water
             allocation accounts for access licences, and
      (viii) to re-enact, with certain modifications, uncommenced amendments in the Water
             Management Amendment Act 2008 concerning nominated water supply works and
             water tagging zones, and



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Explanatory note



      (ix)   to provide for the controlled allocation of access licences for a part of an area or water
             source and for the setting of the minimum price and participation fees for the
             acquisition of the right to apply for licences that are subject to controlled allocation,
             and
      (x) to enable the consolidation of management plans and approvals, and
      (xi) to enable the regulations to make provision for the conversion of actual or proposed
             flood water usage into floodplain access licences, and
      (xii) to make other amendments to streamline processes concerning licensing, approvals
             and the trading of water entitlements, and
      (xiii) to make provision for matters of a savings or transitional nature, and
(b)   to amend certain water sharing plans to standardise the use of the expression "worst period
      of low inflows" into a water source in those plans and clarify its meaning, and
(c)   to make consequential amendments to certain other legislation.

Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed
by proclamation.

Schedule 1             Amendment of Water Management Act 2000
                       No 92
1.1 Amendments concerning overland flow water and terminology
Schedule 1.1 amends the principal Act:
(a) to define the term overland flow water and confirm that such water is included in the State's
     water rights under the principal Act, and
(b) to make it clear that water sources under the principal Act include places with groundwater
     and alluvial water and places where overland flow water is flowing over or lying for the
     time being, and
(c) to make it clear that a water supply work under the Act includes a work (such as a tank or
     dam) that is constructed or used for the purpose of capturing or storing overland flow water,
     and
(d) to update terminology by replacing certain references to rainwater run-off with references
     to overland flow water.

1.2 Amendments concerning supplementary water access licences
Schedule 1.2 amends the principal Act:
(a) to remove the requirement for the Minister to cancel a supplementary water access licence
     for a regulated river if the management plan for the river ceases to make provision for the
     extraction of water under the licence, and
(b) to enable the holders of supplementary water access licences for regulated rivers to obtain
     compensation for certain water allocation reductions, and
(c) to preclude the Minister from cancelling a supplementary water access licence so as to
     enable the use of water to which the licence relates as planned environmental water, and
(d) to enable a management plan to make provision for or with respect to the circumstances in
     which the taking of water pursuant to supplementary water access licences is authorised.




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Explanatory note



1.3 Amendments concerning harvestable rights
Schedule 1.3 amends the principal Act:
(a) to enable water supply works in addition to dams to be constructed and used to capture and
     store water in respect of which a harvestable right is exercisable and provide for the kinds
     of water that may be stored by means of such works, and
(b) to make it clear that a harvestable right includes a right to take water from a water supply
     work that has been constructed for the purpose of capturing and storing water within the
     harvestable rights area concerned, and
(c) to clarify the kinds of matters with respect to which a harvestable rights order may make
     provision (including the methodology for the calculation of the maximum capacity of water
     supply works that may be constructed by landholders to capture water to be used in exercise
     of harvestable rights), and
(d) to enable arrangements to be made for the shared use of a water supply work where the work
     straddles landholdings, and
(e) to clarify the meaning of a reference to a landholding for the purposes of calculations made
     under a harvestable rights order, and
(f)  to enable maps referred to in harvestable rights orders to be made available on the internet.

1.4 Amendments concerning the controlled allocation of access licences
Schedule 1.4 amends the principal Act to provide that a controlled allocation order with respect
to the acquisition of access licences may set minimum prices and participation fees for their
acquisition and be limited to part of a water source or water management area.

1.5 Amendments concerning term water allocation transfers
Schedule 1.5 amends the principal Act to create a new kind of general dealing with an access
licence to be called a term water allocation transfer.
A term water allocation transfer will enable the holder of a certain kind of access licence to
transfer, for a specified period, all or part of the entitlement for a water allocation to be credited
to the water allocation account for the licence to another person holding such an access licence.
A term water allocation transfer does not operate to transfer the share component of an access
licence to the transferee, but only operates to transfer all or part (as the case requires) of the
entitlement to be credited with a water allocation.

1.6 Amendments concerning metering
Schedule 1.6 amends the principal Act to make amendments to the metering offences in sections
91H and 91J of the Act that are consistent with amendments made to other metering offences in
section 91I by the Statute Law (Miscellaneous Provisions) Act (No 2) 2012.

1.7 Amendment concerning bore drilling
Schedule 1.7 amends the principal Act to make it an offence for:
(a) the holder of a bore driller's licence to fail to ensure that the terms and conditions of the
     licence are not contravened, or
(b) a trainee driller under the holder's supervision to contravene the terms and conditions of the
     licence.

1.8  Amendments concerning water allocation accounts and the taking of
     water
Schedule 1.8 amends the principal Act:
(a) to create offences by the holders of 2 or more access licences with respect to the taking of
     water in excess of the combined water allocations under the licences, and


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Explanatory note



(b)   to enable management plans to make provision for or with respect to the circumstances in
      which the holders of regulated river (high security) access licences or regulated river
      (general security) access licences for an uncontrolled flow may take water from a water
      source that has not been credited to the water allocation accounts of those licences, and
(c)   to make amendments in the nature of statute law revision.

1.9    Amendments concerning nominated water supply works and water
       tagging zones
Schedule 1.9 re-enacts, with certain modifications, uncommenced amendments in the Water
Management Amendment Act 2008 concerning nominated water supply works and water tagging
zones. In particular, the modified amendments now create an offence for a failure by a relevant
notifier to notify the Minister about the nomination (or withdrawal of a nomination) of a water
supply work as a work from which water credited to the interstate equivalent of an access licence
may be taken.

1.10 Amendments concerning the streamlining of licensing and trading
     processes
Schedule 1.10 amends the principal Act:
(a) to enable the Minister to refuse to accept the surrender of an access licence or approval in
     certain circumstances and to enable the Minister to cancel or transfer a surrendered access
     licence or approval, and
(b) to enable an applicant for an access licence or approval to amend or withdraw the
     application for the licence or approval at any time before it is determined, and
(c) to make it clear that an access licence or approval may be granted subject to conditions that
     are required or permitted to be imposed by the Act, and
(d) to provide for conditions imposed when an access licence or approval is granted to take
     effect on the day the licence or approval takes effect, and
(e) to clarify the circumstances in which conditions of an access licence or approval may be
     imposed or varied after the licence or approval is granted, and
(f)  to enable the Minister to amend an approval on his or her own initiative in certain
     circumstances (including when a part of an approval is cancelled or suspended), and
(g) to enable an application to the Minister for an approval for a dealing with respect to an
     access licence to include an application for the dealing to be recorded in the Access Register
     if the Minister consents to the dealing, and
(h) to provide for an approval to take effect on the day on which notice of the decision to grant
     the approval has been given to the applicant rather than once appeal rights have been
     exhausted (as is currently the case), and
(i)  to enable appeals to be made to the Land and Environment Court against decisions of the
     Minister to amend approvals on his or her own initiative and to recognise that an appeal may
     be made against a decision to suspend or cancel part of an approval, and
(j)  to provide for the effect of a stay granted by the Land and Environment Court in an appeal
     against a decision under the principal Act, and
(k) to clarify when the Minister is to register certain Ministerial action in the Access Register
     where that action is appealable, and
(l)  to make it clear that the Minister may include discretionary conditions on an access licence
     or approval that replaces an entitlement under former water legislation and to enable those
     conditions to be notified after notice of the replacement licence or approval is given to its
     holder.




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Explanatory note



1.11 Amendments concerning management plans
Schedule 1.11 amends the principal Act:
(a) to enable the Minister to extend a management plan that is due to expire until the second
     anniversary of its expiry date (instead of the first anniversary, as is currently the case) unless
     a replacement plan is made earlier if the Minister decides not to extend the plan for a further
     10 year period under section 43A of the principal Act, and
(b) to enable the Minister to consolidate 2 or more management plans into a single plan, and
(c) to clarify the operation of compensation provisions in the event of the replacement or
     consolidation of management plans.

1.12 Amendments concerning combined approvals
Schedule 1.12 amends the principal Act to enable the Minister to grant 2 or more approvals under
the principal Act by means of a single approval document on application or on the Minister's own
motion.

1.13 Amendments concerning floodplain harvesting access licences
Schedule 1.13 amends the principal Act:
(a) to provide for 2 kinds of access licences for floodplain harvesting, namely, floodplain
     harvesting (regulated river) access licences and floodplain harvesting (unregulated river)
     access licences, and
(b) to enable the regulations to make provision for or with respect to the conversion of actual
     or proposed floodplain water usage by landholders into such access licences.

1.14 Amendments concerning the conversion of former entitlements into
     access licences
Schedule 1.14 amends the principal Act:
(a) to make it clear that Schedule 10 to the principal Act operates (and has always operated) to
     convert a former entitlement to take or use water for domestic or stock purposes into an
     access licence if that entitlement arises under Part 2 of the Water Act 1912, and
(b) to make further provision for the calculation of the balance of a water allocation for an
     access licence that arises from the conversion of a former entitlement under Schedule 10 to
     the principal Act (including the validation of certain previous calculation of balances).

1.15 Amendments concerning savings and transitional matters
Schedule 1.15 amends the principal Act:
(a) to provide that floodplain management plans under the Water Act 1912 that are converted
     into Minister's plans under the principal Act on a transitional basis continue in force for
     10 years following their conversion, and
(b) to include savings and transitional provisions consequent on the enactment of the proposed
     Act, and
(c) to enable the Governor to make regulations of a savings and transitional nature consequent
     on the enactment of any amending Act (including the proposed Act).

Schedule 2              Amendment of water sharing plans
Schedule 2 amends certain water sharing plans to standardise the use of the expression "worst
period of low inflows" into a water source in those plans and clarify its meaning.




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Explanatory note



Schedule 3           Consequential amendment of other legislation
Schedule 3.1 makes amendments to the Water Management Amendment Act 2008 that are
consequential on amendments made by Schedule 1.9 (Amendments concerning nominated water
supply works and water tagging zones).
Schedule 3.2 makes amendments to the Water Management (General) Regulation 2011 that are
consequential on the amendments made by Schedule 1.13 (Amendments concerning floodplain
harvesting access licences).




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                                                                  First print




                                 New South Wales




Water Management Amendment Bill 2014
Contents
                                                                       Page

              1    Name of Act                                            2
              2    Commencement                                           2
     Schedule 1    Amendment of Water Management Act 2000 No 92           3
     Schedule 2    Amendment of water sharing plans                      28
     Schedule 3    Consequential amendment of other legislation          36




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                                 New South Wales




Water Management Amendment Bill 2014

No     , 2014


A Bill for
An Act to make miscellaneous amendments to the Water Management Act 2000 and certain water
sharing plans and to make consequential amendments to certain other legislation.
Water Management Amendment Bill 2014 [NSW]




The Legislature of New South Wales enacts:                                                      1

 1    Name of Act                                                                               2

               This Act is the Water Management Amendment Act 2014.                             3

 2    Commencement                                                                              4

         (1)   This Act commences on a day or days to be appointed by proclamation, except as   5
               provided by subsection (2).                                                      6

         (2)   Schedules 1.14 [1], 1.15 and 2 commence on the date of assent to this Act.       7




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Schedule 1 Amendment of Water Management Act 2000 No 92



Schedule 1              Amendment of Water Management Act 2000                                           1
                        No 92                                                                            2


1.1 Amendments concerning overland flow water and terminology                                            3

[1]   Section 4A                                                                                         4

      Insert after section 4:                                                                            5

         4A    Meaning of "overland flow water"                                                          6

               (1)   In this Act, overland flow water means water (including floodwater, rainfall        7
                     run-off and urban stormwater) that is flowing over or lying on the ground as a      8
                     result of:                                                                          9
                      (a) rain or any other kinds of precipitation, or                                  10
                     (b) rising to the surface from underground, or                                     11
                      (c) any other process or action of a kind prescribed by the regulations.          12

               (2)   Water is flowing over the ground for the purposes of subsection (1) even if it     13
                     flows over the ground by means of artificial structures such as roads, canals or   14
                     road gutters.                                                                      15

               (3)   However, subsection (1) does not include:                                          16
                     (a) water that is collected from a roof (including water collected from a roof     17
                         using a rainwater tank), or                                                    18
                     (b) water that is flowing over or lying on the bed of a river, lake or estuary,    19
                         or                                                                             20
                     (c) water flowing over or lying on the ground in such circumstances as may         21
                         be prescribed by the regulations.                                              22

[2]   Sections 329 (4) (b) and 331 (a) (ii)                                                             23

      Omit "rainwater run-off" wherever occurring. Insert instead "overland flow water".                24

[3]   Section 392 State's water rights                                                                  25

      Omit section 392 (1) (c). Insert instead:                                                         26
                   (c) all water occurring on or below the surface of the ground (including             27
                         overland flow water flowing over or lying there for the time being) other      28
                         than water referred to in subsection (1A),                                     29

[4]   Section 392 (1A)                                                                                  30

      Insert after section 392 (1):                                                                     31

              (1A)   Subsection (1) (c) does not include any of the following:                          32
                     (a) water that is collected from a roof (including water collected from a roof     33
                          using a rainwater tank),                                                      34
                     (b) water occurring on or below the surface of the ground in such other            35
                          circumstances as may be prescribed by the regulations.                        36

[5]   Dictionary                                                                                        37

      Insert in alphabetical order:                                                                     38

                     overland flow water--see section 4A.                                               39




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Schedule 1 Amendment of Water Management Act 2000 No 92


[6]   Dictionary, definition of "water source"                                                      1
      Omit paragraph (b) of the definition. Insert instead:                                         2
                  (b) one or more places where water occurs on or below the surface of the          3
                        ground (including overland flow water flowing over or lying there for       4
                        the time being),                                                            5

[7]   Dictionary, definition of "water supply work"                                                 6

      Insert "without limiting paragraphs (b)-(g)," before "a work" in paragraph (a) of the         7
      definition.                                                                                   8

[8]   Dictionary, definition of "water supply work"                                                 9

      Omit paragraph (b) of the definition. Insert instead:                                        10
                  (b) a work (such as a tank or dam) that is constructed or used for the purpose   11
                        of capturing or storing water, or                                          12

1.2 Amendments concerning supplementary water access licences                                      13

[1]   Section 8A Planned environmental water                                                       14

      Omit "supplementary water access licence, and any other category or subcategory of           15
      licence prescribed by the regulations," from section 8A (1).                                 16

      Insert instead "category or subcategory of licence prescribed by the regulations".           17

[2]   Section 60A Taking water without, or otherwise than authorised by, an access                 18
      licence                                                                                      19

      Omit "in accordance with the terms of an order in force under section 70" from               20
      section 60A (6).                                                                             21

      Insert instead "in such circumstances as may be authorised by provisions of the relevant     22
      management plan that are made for the purposes of section 70".                               23

[3]   Section 70                                                                                   24

      Omit the section. Insert instead:                                                            25

         70   Special provisions with respect to supplementary water                               26

                   A management plan may make provision for or with respect to the                 27
                   circumstances in which the taking of water pursuant to supplementary water      28
                   access licences is authorised within the whole or any part of a water           29
                   management area or specified water sources.                                     30

[4]   Section 77A Cancellation of access licences that can no longer be used or are no             31
      longer required                                                                              32

      Insert "unless the access licence is a regulated river supplementary water access licence"   33
      after "such an access licence" in section 77A (1).                                           34

[5]   Section 87 Compensation payable in certain circumstances for reductions in water             35
      allocations arising during initial period for which management plan is in force              36

      Insert "that is not a regulated river supplementary water access licence" after              37
      "supplementary water access licence" in section 87 (1).                                      38




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Schedule 1 Amendment of Water Management Act 2000 No 92


[6]   Section 87AA Compensation payable in certain circumstances for reductions in                       1
      water allocations arising after initial period that management plan is in force                    2

      Insert after section 87AA (1) (f):                                                                 3
                    (f1) floodplain harvesting (regulated river) access licences,                        4
                    (f2) floodplain harvesting (unregulated river) access licences,                      5
                    (f3) regulated river supplementary water access licences,                            6

[7]   Section 87AA (1) (g)                                                                               7

      Omit "supplementary water access licences".                                                        8

      Insert instead "excluded supplementary water access licences".                                     9

[8]   Section 87AA (11)                                                                                 10

      Insert after section 87AA (10):                                                                   11

              (11)   In this section:                                                                   12

                     excluded supplementary water access licence means a supplementary water            13
                     access licence other than a regulated river supplementary water access licence.    14

[9]   Dictionary                                                                                        15

      Insert in alphabetical order:                                                                     16

                     regulated river supplementary water access licence means a supplementary           17
                     water access licence (including a subcategory of such a licence) that entitles     18
                     its holder to shares of water from a water source that is a regulated river.       19

1.3 Amendments concerning harvestable rights                                                            20

[1]   Section 53                                                                                        21

      Omit the section. Insert instead:                                                                 22

         53   Harvestable rights                                                                        23

               (1)   An owner or occupier of a landholding within a harvestable rights area is          24
                     entitled, without the need for any access licence, water supply work approval      25
                     or water use approval, to do each of the following in accordance with the          26
                     harvestable rights order by which the area is constituted:                         27
                     (a) to construct and use one or more water supply works for the purpose of         28
                            capturing and storing water of a kind specified by the harvestable rights   29
                            order,                                                                      30
                     (b) to take and use that water.                                                    31

               (2)   One or more water supply works may be constructed and used under                   32
                     subsection (1) (a) for the storage of both water that has been captured in         33
                     exercise of a harvestable right and other water that has been lawfully taken       34
                     from a water source if the capacity of the work or works does not exceed the       35
                     maximum harvestable right volume specified by the harvestable rights order.        36




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              (3)   The following provisions apply where the capacity of the water supply work            1
                    or works by means of which water is to be captured or stored in exercise of a         2
                    harvestable right exceeds the maximum harvestable right volume specified by           3
                    the harvestable rights order for works constructed under the authority of this        4
                    section:                                                                              5
                     (a) an access licence or water use approval is not required for water that is        6
                          captured or stored by the work or works in exercise of a harvestable            7
                          right,                                                                          8
                    (b) if water (other than water captured or stored in exercise of a harvestable        9
                          right) is also captured or stored by the work or works--an access licence      10
                          and water use approval is required to authorise the taking and use of          11
                          water from that source for any volume taken and stored in excess of the        12
                          maximum harvestable right volume unless the water is taken under the           13
                          authority of a domestic and stock right or native title right,                 14
                     (c) a water supply work approval for the water supply work or works is              15
                          required despite subsection (1).                                               16

              (4)   Without limiting subsection (1), a single water supply work may be used by 2         17
                    or more landholders regardless of who constructed it if the shared use is            18
                    permitted by the harvestable rights order.                                           19

              (5)   This section does not allow a landholder:                                            20
                    (a) to supply any other land with water that has been captured and stored in         21
                          exercise of a harvestable right, or                                            22
                    (b) to construct or use a water supply work in a river unless the river is           23
                          declared by the relevant harvestable rights order to be a minor stream         24
                          for the purposes of this Division.                                             25

              (6)   In this section:                                                                     26
                    capture, in relation to a water supply work, includes pumping water for the          27
                    purposes of storage in another water supply work.                                    28

[2]   Section 54                                                                                         29

      Omit the section. Insert instead:                                                                  30

         54   Harvestable rights orders                                                                  31

              (1)   The Minister, by order published on the NSW legislation website, may:                32
                    (a) constitute any land as a harvestable rights area, and                            33
                    (b) name the area that is constituted, and                                           34
                    (c) fix the boundaries of the area that is constituted.                              35
                    Note. An order under this section may be amended or repealed by a subsequent order   36
                    (see section 43 of the Interpretation Act 1987).                                     37

              (2)   The order by which a harvestable rights area is constituted must specify:            38
                    (a) the kinds of water (such as overland flow water) that may be captured            39
                          and stored in the area in exercise of harvestable rights, and                  40
                    (b) the method for calculating the maximum harvestable right volume for              41
                          works constructed or used in exercise of harvestable rights on                 42
                          landholdings in the area by reference to a proportion (not being less than     43
                          10%) of the average regional overland flow waters for that area.               44




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Schedule 1 Amendment of Water Management Act 2000 No 92



             (3)   Without limiting subsection (2) (b), the kinds of ways in which a maximum           1
                   harvestable right volume for landholdings in a harvestable rights area may be       2
                   expressed include by reference to the capacity of water supply works or             3
                   volumetric limits.                                                                  4

             (4)   The order may also deal with the following matters:                                 5
                   (a) the types and locations of water supply works that may be used by a             6
                         landholder to capture and store water,                                        7
                   (b) the means by which the maximum capacity of a water supply work that             8
                         may be constructed or used by a landholder to capture and store water         9
                         is to be calculated,                                                         10
                   (c) the arrangements that may be made by landholders for the shared use of         11
                         a water supply work that straddles their landholdings,                       12
                   (d) the method for accounting for water that is captured or stored in the          13
                         circumstances referred to in section 53 (3),                                 14
                   (e) the procedures to be followed for calculating the average overland flow        15
                         water for a landholding in the area,                                         16
                   (f) rules about the purposes for which water may be captured, taken, stored        17
                         or used,                                                                     18
                   (g) such other matters as are necessary or convenient to give effect to the        19
                         order.                                                                       20

             (5)   For the purpose of calculating any matter under an order under this section, a     21
                   reference in the order to an area of land is, in the case of a landholding, a      22
                   reference to the area of the landholding.                                          23

             (6)   An order under this section may deal with any matter by reference to a map         24
                   held by the Department.                                                            25

             (7)   Any map that is referred to as provided by subsection (6) is to be available for   26
                   public inspection, free of charge, by either or both of the following means:       27
                   (a) at the appropriate regional office of the Department for the area to           28
                         which the relevant order relates, during normal office hours,                29
                   (b) on the website of the Department or any other website that the Minister        30
                         considers to be readily accessible by members of the public.                 31

1.4 Amendments concerning the controlled allocation of access licences                                32

[1]   Section 65 Controlled allocation of access licences                                             33

      Insert "(or part of such an area or source)" after "water source" in section 65 (2) (a).        34

[2]   Section 65 (2) (c) and (d)                                                                      35

      Insert at the end of section 65 (2) (b):                                                        36
                           , and                                                                      37
                     (c) may set a minimum price for the acquisition of the right to apply for the    38
                           access licence or licences concerned, and                                  39
                     (d) may set a fee for participation in the auction, tender or other means        40
                           specified by the order with respect to the access licence or licences      41
                           concerned.                                                                 42




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[3]    Section 65 (3)                                                                                    1
       Insert after section 65 (2):                                                                      2

              (3)   For the avoidance of doubt, the Independent Pricing and Regulatory Tribunal          3
                    does not have jurisdiction under the Independent Pricing and Regulatory              4
                    Tribunal Act 1992 to investigate or determine minimum prices for the                 5
                    purposes of this section.                                                            6

1.5 Amendments concerning term water allocation transfers                                                7

[1]    Section 71M Transfer of access licences                                                           8

       Insert after section 71M (8):                                                                     9

              (9)   The transferee of an access licence is taken to hold the access licence subject     10
                    to any term water allocation transfer, as referred to in section 71NA, that is in   11
                    effect when, or is due to come into effect after, the licence is transferred.       12

[2]    Section 71NA                                                                                     13

       Insert after section 71N:                                                                        14

      71NA   Term transfers of water allocation entitlements                                            15

              (1)   Application of section                                                              16

                    Without limiting section 71N, this section applies to access licences except        17
                    local water utility access licences and major utility access licences.              18

              (2)   Creation of term water allocation transfers                                         19

                    The holder of an access licence to which this section applies (the holder of the    20
                    primary access licence) may transfer, for a specified period, an entitlement for    21
                    a water allocation to be credited to the water allocation account for the licence   22
                    to another person holding an access licence (the transferee) to which this          23
                    section applies.                                                                    24

              (3)   A transfer referred to in subsection (2) (a term water allocation transfer) may     25
                    provide for all or part of the entitlement for the water allocation concerned to    26
                    be transferred.                                                                     27

              (4)   The specified period for a term water allocation transfer:                          28
                    (a) must not exceed a period of 10 years, and                                       29
                    (b) must commence on 1 July of a year and expire on 30 June of another              30
                          year, and                                                                     31
                    (c) must not commence on 1 July of another year that is more than 5 years           32
                          ahead (calculated from 1 July of the year the transfer is executed).          33

              (5)   The consents of both the Minister and the proposed transferee to the term           34
                    water allocation transfer are required.                                             35

              (6)   Effect of term water allocation transfers                                           36

                    A term water allocation transfer does not operate to transfer the share             37
                    component of an access licence to the transferee, but only operates to transfer     38
                    all or part (as the case requires) of the entitlement to be credited with a water   39
                    allocation.                                                                         40

              (7)   During the period for which a term water allocation transfer has effect:            41
                    (a) the transferee is taken to be entitled to have all or part of the water         42
                         allocation (as the case requires) that the holder of the primary access        43



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                        licence would have been entitled to have credited to the water allocation        1
                        account for the primary licence credited to the water allocation account         2
                        for the transferee's access licence, and                                         3
                  (b)   the holder of the primary access licence is taken not to be entitled to          4
                        have any or that part (as the case requires) of the water allocation             5
                        credited to the water allocation account for the primary access licence,         6
                        and                                                                              7
                  (c)   the transferee is taken to be the holder of the primary access licence           8
                        concerned in relation to all or that part (as the case requires) of the water    9
                        allocation, to the exclusion of the holder of the primary access licence,       10
                        for the following purposes:                                                     11
                         (i) the payment of charges with respect to the usage of water credited         12
                               to the water allocation account for the licence,                         13
                        (ii) any other purpose prescribed by the regulations.                           14

            (8)   Termination and cancellation of term water allocation transfers                       15

                  A term water allocation transfer may be terminated before its expiry:                 16
                  (a) by agreement of both the holder of the primary access licence and the             17
                        transferee, or                                                                  18
                  (b) by the holder of the primary access licence if the transferee does not            19
                        comply with any obligation imposed on the transferee by the contract or         20
                        other arrangement under which the transfer was effected.                        21

            (9)   If a term water allocation transfer is terminated:                                    22
                   (a) the holder of the primary access licence is not entitled to have recredited      23
                          to the water allocation account for the primary access licence any of the     24
                          transferred water allocation that has already been credited to the water      25
                          allocation account of the transferee's access licence, and                    26
                  (b) the transferee continues to be entitled to any of the transferred water           27
                          allocation that has already been credited to the water allocation account     28
                          of the transferee's access licence.                                           29

           (10)   A term water allocation transfer may be cancelled before it commences by              30
                  agreement of both the holder of the primary access licence and the transferee.        31

           (11)   Extension of term water allocation transfers                                          32

                  A term water allocation transfer may, with the consent of the Minister, be            33
                  extended before it expires by agreement of both the holder of the primary             34
                  access licence and the transferee, but not so as to result in an extended period      35
                  that exceeds 10 years in total.                                                       36

           (12)   Alteration of commencement date for term water allocation transfers                   37

                  The commencement date for a term water allocation transfer may, by                    38
                  agreement of both the holder of the primary access licence and the transferee,        39
                  be altered before the date on which the transfer is due to commence.                  40

           (13)   An application to record an alteration to the commencement date for a term            41
                  water allocation transfer in the Access Register must be lodged before                42
                  31 March in the calendar year in which the transfer is to take effect.                43

           (14)   Time for making applications for Ministerial consent and registration                 44

                  The holder of the primary access licence must lodge both an application for the       45
                  consent of the Minister to any of the following dealings and an application for       46




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                   any such dealing to be registered in the Access Register before 31 March in                  1
                   the calendar year in which the dealing is to take effect:                                    2
                    (a) the creation of a term water allocation transfer,                                       3
                   (b) the extension of the term for a term water allocation transfer.                          4
                   Note. See section 71L (2A), which enables an application for consent to a general            5
                   dealing to be combined with an application for the dealing to be registered if consent is    6
                   given. The 6-month or prescribed period referred to in section 71L (2) for registration      7
                   of applications is taken to have been satisfied in cases of such joint applications.         8

           (15)    Regulation-making powers                                                                     9

                   The regulations may make provision for or with respect to the manner in which               10
                   term water allocation transfers are to be terminated, extended, cancelled or                11
                   altered for the purposes of this section.                                                   12

[3]   Section 71X Dealings on default                                                                          13

      Omit "On" from section 71X (4).                                                                          14

      Insert instead "Except as provided by subsection (4A), on".                                              15

[4]   Section 71X (4A)                                                                                         16

      Insert after section 71X (4):                                                                            17

           (4A)    If an access licence that is transferred is subject to a term water allocation              18
                   transfer, as referred to in section 71NA, that has been registered (whether or              19
                   not it has come into effect), the transferee is taken to hold the licence subject           20
                   to the term water allocation transfer for the balance of the period for which it            21
                   has effect unless it is sooner cancelled or terminated in accordance with this              22
                   Act.                                                                                        23

[5]   Section 71X (8), definition of "affected person"                                                         24

      Omit the definition. Insert instead:                                                                     25

                   affected person, in relation to the transfer of an access licence or holding in an          26
                   access licence under this section, means:                                                   27
                   (a) any person on whom notice is required to be served under                                28
                          subsection (1) (b), or who is entitled to purchase money from a sale                 29
                          under subsection (2), in relation to the transfer, or                                30
                   (b) any person who is a transferee under a term water allocation transfer, as               31
                          referred to in section 71NA, in connection with the licence.                         32

[6]   Section 74 Exit from co-held access licence                                                              33

      Insert after section 74 (6):                                                                             34

           (6A)    An application may not be made under this section by a co-holder of an access               35
                   licence if a term water allocation transfer, as referred to in section 71NA, has            36
                   been granted with respect to the co-holder's entitlements to a water allocation             37
                   under the access licence.                                                                   38

[7]   Section 77 Surrender of access licences                                                                  39

      Insert after section 77 (2):                                                                             40

           (2A)    In the case of an access licence that is a primary access licence in connection             41
                   with a term water allocation transfer, as referred to in section 71NA, the notice           42
                   of surrender must be accompanied by documentary evidence that the                           43
                   transferee under the transfer consents to the licence being surrendered.                    44




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 [8]   Section 78 Suspension and cancellation of access licences                                           1
       Insert at the end of section 78 (3) (d):                                                            2
                            , and                                                                          3
                      (e) any entitlement of the transferee under a term water allocation transfer,        4
                            as referred to in section 71NA, in relation to the licence to have the         5
                            water allocation account for the transferee's access licence credited          6
                            with all or part of the water allocation of the suspended licence will         7
                            continue.                                                                      8

 [9]   Section 78A Notification of intention to suspend, cancel or require payment of                      9
       penalty                                                                                            10

       Omit section 78A (1) (a). Insert instead:                                                          11
                    (a) has given written notice to:                                                      12
                           (i) the holder of the access licence, and                                      13
                          (ii) if there are security holders in relation to the access licence--          14
                                 those security holders, and                                              15
                         (iii) if the holder of another access licence is the transferee under a          16
                                 term water allocation transfer, as referred to in section 71NA, in       17
                                 relation to the access licence--that holder, and                         18

[10]   Section 85 Keeping of water allocation accounts                                                    19

       Omit "Water" from section 85 (2). Insert instead "Subject to section 71NA (7), water".             20

[11]   Dictionary                                                                                         21

       Insert after paragraph (b) in the definition of general dealing:                                   22
                           (ba) the transfer of an entitlement to be credited with the water              23
                                  allocation of an access licence, as referred to in section 71NA,        24

1.6 Amendments concerning metering                                                                        25

 [1]   Section 91H Failure to install or maintain metering equipment                                      26

       Omit section 91H (2). Insert instead:                                                              27

             (2)     A person is guilty of an offence if the person fails to ensure the proper            28
                     operation of any metering equipment that has been installed in connection with       29
                     a water supply work or drainage work.                                                30
                     Tier 2 penalty.                                                                      31

 [2]   Section 91J                                                                                        32

       Omit the section. Insert instead:                                                                  33

       91J   Failure to keep metering records                                                             34

                     A person is guilty of an offence if the person fails to keep metering records that   35
                     the person is required under this Act to keep with respect to any metering           36
                     equipment that has been installed in connection with a water supply work or          37
                     drainage work.                                                                       38
                     Tier 2 penalty.                                                                      39




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1.7 Amendment concerning bore drilling                                                                  1

       Section 346A                                                                                     2

       Insert after section 346:                                                                        3

      346A   Contravention of terms and conditions of bore driller's licence                            4

              (1)   The holder of a bore driller's licence must ensure that the terms and conditions    5
                    of the licence are not contravened.                                                 6
                    Tier 2 penalty.                                                                     7

              (2)   It is a defence to a prosecution under subsection (1) if the accused person         8
                    establishes:                                                                        9
                     (a) that the contravention of the term or condition was caused by a person        10
                           other than the holder of the bore driller's licence, and                    11
                    (b) that the holder took all reasonable steps to prevent the contravention of      12
                           the term or condition.                                                      13

              (3)   A person who is a trainee driller carrying out bore drilling under the             14
                    supervision of the holder of a bore driller's licence must not contravene the      15
                    terms and conditions of the licence.                                               16
                    Tier 2 penalty.                                                                    17

              (4)   It is a defence to a prosecution under subsection (3) if the accused person        18
                    establishes that the accused person took all reasonable steps to prevent the       19
                    contravention of the term or condition.                                            20

1.8 Amendments concerning water allocation accounts and the taking of                                  21
    water                                                                                              22

[1]    Section 60C Taking water for which there is no, or insufficient, water allocation               23

       Insert "Offences involving allocations under a single access licence" as the heading to         24
       section 60C (1).                                                                                25

[2]    Section 60C (5)-(10)                                                                            26

       Insert after section 60C (4):                                                                   27

              (5)   Offences involving allocations under 2 or more access licences                     28

                    A holder of 2 or more access licences that nominate the same water supply          29
                    work to take water from one or more water sources under this Part:                 30
                     (a) who intentionally takes water by means of that work from the source or        31
                           sources concerned in excess of the combined water allocations for the       32
                           access licences, or                                                         33
                    (b) who knows or has reasonable cause to believe that the taking of the            34
                           water from the source or sources concerned is in excess of the combined     35
                           water allocations for the access licences,                                  36
                    is guilty of an offence.                                                           37
                    Tier 1 penalty.                                                                    38




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             (6)   A holder of 2 or more access licences that nominate the same water supply           1
                   work to take water from one or more water sources under this Part is guilty of      2
                   an offence if the holder takes water by means of that work from the source or       3
                   sources concerned in excess of the combined water allocations for the access        4
                   licences.                                                                           5
                   Tier 2 penalty.                                                                     6

             (7)   A holder of 2 or more access licences that authorise the holder to take water       7
                   from the same water source under this Part:                                         8
                    (a) who intentionally takes water from that water source in excess of the          9
                          combined water allocations for the access licences, or                      10
                   (b) who knows or has reasonable cause to believe that the taking of the            11
                          water from that source is in excess of the combined water allocations for   12
                          the access licences,                                                        13
                   is guilty of an offence.                                                           14
                   Tier 1 penalty.                                                                    15

             (8)   A holder of 2 or more access licences that authorise the holder to take water      16
                   from the same water source under this Part is guilty of an offence if the holder   17
                   takes water from that source in excess of the combined water allocations for       18
                   the access licences in relation to that source.                                    19
                   Tier 2 penalty.                                                                    20

             (9)   If a person who has the control or management of a water supply work takes         21
                   water by means of that work in contravention of subsection (6), and the water      22
                   supply work is nominated in relation to an access licence held by some other       23
                   person, both persons are taken to have contravened that subsection.                24

           (10)    Either person referred to in subsection (9) may be proceeded against and           25
                   convicted for an offence under subsection (6), as the case requires, whether or    26
                   not the other person has been proceeded against or convicted for such an           27
                   offence.                                                                           28

[3]   Section 60D, heading                                                                            29

      Omit "from". Insert instead "by".                                                               30

[4]   Section 60G Minister may charge for water illegally taken                                       31

      Insert after section 60G (1):                                                                   32

           (1A)    If the person holds 2 or more access licences that authorise the holder to take    33
                   water from the water source concerned, the Minister may, in accordance with        34
                   criteria specified by the regulations, take the action referred to in subsection   35
                   (1) (b) in relation to the water allocation accounts for each of the licences.     36

[5]   Section 85A Authorisation to take water from uncontrolled flows                                 37

      Omit section 85A (2)-(7). Insert instead:                                                       38

             (2)   The management plan may make provision for or with respect to the                  39
                   circumstances in which the holders of regulated river (high security) access       40
                   licences or regulated river (general security) access licences, or both, that      41
                   relate to a water source to which this section applies are authorised to take      42
                   water from the water source that has not been credited to the water allocation     43
                   accounts of those licences.                                                        44




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1.9 Amendments concerning nominated water supply works and water                                        1
    tagging zones                                                                                       2

[1]   Section 71W                                                                                       3

      Omit the section. Insert instead:                                                                 4

      71W   Access licence may nominate water supply works and extraction points                        5

            (1)    On the application of the holder of an access licence made in accordance with        6
                   the regulations, the Minister may consent to the amendment of the licence so         7
                   as:                                                                                  8
                    (a) to nominate a specified water supply work or extraction point in the            9
                          water management area or water source nominated by the licence as a          10
                          work or point by means of or from which water credited to the licence        11
                          may be taken, or                                                             12
                   (b) to nominate a specified water supply work or extraction point in another        13
                          water management area or another water source as a work or point by          14
                          means of or from which water credited to the licence may be taken, or        15
                    (c) to nominate a specified water supply work or extraction point in a NSW         16
                          water tagging zone as a work or point by means of or from which water        17
                          credited to the licence may be taken, or                                     18
                   (d) to nominate a specified extraction point in an interstate water tagging         19
                          zone as an extraction point from which water credited to the licence may     20
                          be taken,                                                                    21
                   or so as to withdraw such a nomination.                                             22

             (2)   For the avoidance of doubt, a water supply work may be nominated under              23
                   subsection (1) even though no approval is required to be held in relation to the    24
                   work.                                                                               25

             (3)   The relevant notifier for a water supply work must notify the Minister, in          26
                   accordance with the regulations, of any of the following:                           27
                   (a) that the work has been nominated (whether by reference to the work              28
                          itself or by reference to an extraction point at which it is located) as a   29
                          work from which water credited to the interstate equivalent of an access     30
                          licence may be taken,                                                        31
                   (b) that such a nomination has been withdrawn.                                      32
                   Tier 3 penalty.                                                                     33

            (4)    The regulations may make provision for or with respect to:                          34
                   (a) the making of nominations referred to in subsection (1), including:             35
                          (i) the identification of water supply works or extraction points for        36
                                the purposes of nominations, and                                       37
                         (ii) the circumstances in which particular nominations are, or are not,       38
                                permitted under that subsection, and                                   39
                   (b) the giving of notifications to the Minister under subsection (3),               40
                         including the form and timing of such notifications.                          41

             (5)   In this section:                                                                    42
                   relevant notifier for a water supply work means:                                    43
                    (a) if an approval is in force for the work--the holder of the approval, or        44
                   (b) if there is no approval in force for the work--the owner of the work.           45
                   water supply work includes a reference to a group of such works.                    46



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[2]   Section 71Z Access licence dealing principles                                                   1
      Omit section 71Z (2). Insert instead:                                                           2

             (2)   The access licence dealing principles may include provisions relating to any       3
                   or all of the following:                                                           4
                   (a) the establishment of interstate water tagging zones,                           5
                   (b) the establishment of NSW water tagging zones,                                  6
                   (c) the criteria to be considered for the granting of an application with          7
                          respect to a nomination referred to in section 71W (1) (b), (c) or (d).     8

[3]   Section 391A Interstate arrangements in relation to access licences and approvals               9

      Omit "in cases referred to in section 71W (2) or 89 (2)" from section 391A (1).                10

      Insert instead "pursuant to section 71W or 89".                                                11

[4]   Dictionary                                                                                     12

      Insert in alphabetical order:                                                                  13
                    interstate water tagging zone means an interstate water tagging zone             14
                    established by the access licence dealing principles.                            15
                    NSW water tagging zone means a NSW water tagging zone established by the         16
                    access licence dealing principles.                                               17

1.10 Amendments concerning the streamlining of licensing and trading                                 18
     processes                                                                                       19

[1]   Section 61 Applications for granting of access licences                                        20

      Insert after section 61 (6):                                                                   21

             (7)   An applicant for an access licence may, by notice in writing to the Minister,     22
                   amend or withdraw the application for the access licence at any time before the   23
                   application is determined.                                                        24

[2]   Section 63 Determination of applications                                                       25

      Insert after section 63 (1):                                                                   26

            (1A)   An access licence may be granted unconditionally or subject to such               27
                   conditions as are required or permitted to be imposed under Division 3.           28

[3]   Section 66A                                                                                    29

      Insert after section 66:                                                                       30

      66A    Imposition of conditions on granting of access licence                                  31

                   A condition that is imposed when an access licence is granted takes effect on     32
                   the day on which the licence takes effect.                                        33




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[4]   Section 67                                                                                        1
      Omit the section. Insert instead:                                                                 2

      67    Imposition of conditions after access licence is granted                                    3

             (1)   The Minister may impose discretionary conditions on an access licence after          4
                   it has been granted, but only if the Minister:                                       5
                    (a) has given written notice to the holder of the access licence that the           6
                          Minister proposes to impose such conditions, and                              7
                   (b) has given the holder of the access licence a reasonable opportunity to           8
                          make submissions to the Minister with respect to the proposed                 9
                          conditions, and                                                              10
                    (c) has taken any such submissions into consideration.                             11

             (2)   Subsection (1) does not apply to conditions imposed on an access licence:           12
                   (a) at the request of the holder of the access licence, or                          13
                   (b) as a result of action taken under section 66 (3), or                            14
                   (c) when the access licence is amended under section 68B, or                        15
                   (d) in connection with a dealing under Division 4.                                  16

             (3)   Mandatory conditions of an access licence may be imposed, amended,                  17
                   revoked or suspended by the Minister whenever it is necessary to do so in           18
                   order to enable compliance with or to give effect to this Act, the regulations or   19
                   a relevant management plan.                                                         20

             (4)   The Minister must cause written notice of any conditions imposed, amended,          21
                   revoked or suspended under this section to be served on the holder of the           22
                   access licence concerned.                                                           23

             (5)   A condition imposed or a change referred to in subsection (4) takes effect on       24
                   the day on which the notice referred to in that subsection is served on the         25
                   holder of the access licence or on such later day as may be specified in the        26
                   notice in that regard.                                                              27

             (6)   The regulations may make provision for or with respect to the manner in which       28
                   written notices may be given for the purposes of this section.                      29

[5]   Section 71L How does a dealing take effect?                                                      30

      Insert after section 71L (2):                                                                    31

           (2A)    An application for the Minister's consent to a general dealing may also include     32
                   an application for the Minister to record the dealing in the Access Register in     33
                   the event that the Minister consents to the dealing. Any such application to        34
                   record the dealing is taken to have been made in accordance with                    35
                   subsection (2) regardless of when the Minister's consent is given.                  36

[6]   Section 77 Surrender of access licences                                                          37

      Omit "The" from section 77 (1). Insert instead "Subject to subsection (2B), the".                38

[7]   Section 77 (2B)                                                                                  39

      Insert before section 77 (3):                                                                    40

           (2B)    The Minister may, by written notice served on the holder of the access licence,     41
                   refuse to accept the surrender of the access licence if the Minister considers it   42
                   appropriate to do so or in such other circumstances as may be prescribed by         43
                   the regulations.                                                                    44



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 [8]    Section 77 (4)                                                                                       1
        Omit the subsection. Insert instead:                                                                 2

               (4)   Without limiting section 77A or 78, the Minister may:                                   3
                     (a) cancel a surrendered access licence, or                                             4
                     (b) record in the Access Register that the Minister is the holder of the                5
                          surrendered access licence.                                                        6

 [9]    Section 77 (5)                                                                                       7

        Insert "(b)" after "Subsection (4)".                                                                 8

[10]    Section 92 Applications for approvals                                                                9

        Insert after section 92 (7):                                                                        10

               (8)   An applicant for an approval may, by notice in writing to the Minister, amend          11
                     or withdraw the application for the approval at any time before the application        12
                     is determined.                                                                         13

[11]    Section 95 Determination of applications                                                            14

        Insert after section 95 (1):                                                                        15

              (1A)   An approval may be granted unconditionally or subject to such conditions as            16
                     are required or permitted to be imposed under Division 3.                              17

[12]    Section 95 (5)                                                                                      18

        Omit the subsection. Insert instead:                                                                19

               (5)   An approval takes effect on the day on which notice of the decision to grant           20
                     the approval has been given to the applicant.                                          21

[13]    Section 100A                                                                                        22

        Insert after section 100:                                                                           23

       100A    Imposition of conditions on granting of approval                                             24

                     A condition that is imposed when an approval is granted takes effect on the day        25
                     on which the approval takes effect.                                                    26

[14]    Section 102 Imposition or change of conditions after approval is granted                            27

        Insert after section 102 (5):                                                                       28

               (6)   The regulations may make provision for or with respect to the manner in which          29
                     written notices may be given for the purposes of this section.                         30

[15]    Section 107 Amendment of approvals                                                                  31

        Omit section 107 (1). Insert instead:                                                               32

               (1)   Without limiting any other power conferred by another provision of this Act,           33
                     the Minister may amend an approval:                                                    34
                      (a) on the application of the holder of the approval, or                              35
                     (b) to create 2 or more approvals from a single approval in such                       36
                           circumstances as may be prescribed by the regulations, or                        37
                      (c) in such other circumstances as may be prescribed by the regulations.              38
                     Note. Section 109 (2A) also enables the Minister to amend an approval to give effect   39
                     to the suspension or cancellation of part of the approval.                             40



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            (1A)    Action under subsection (1) (b) or (c) may not be taken in relation to an       1
                    approval unless the Minister:                                                   2
                    (a) has given written notice to the holder of the approval that the Minister    3
                          proposes to take such action, and                                         4
                    (b) has given the holder of the approval a reasonable opportunity to make       5
                          submissions to the Minister with respect to the proposed action, and      6
                    (c) has taken any such submissions into consideration.                          7

[16]   Section 107 (2)                                                                              8

       Insert "remove," after "alter,".                                                             9

[17]   Section 108 Surrender of approvals                                                          10

       Omit "The" from section 108 (1). Insert instead "Subject to subsection (1A), the".          11

[18]   Section 108 (1A)                                                                            12

       Insert after section 108 (1):                                                               13

            (1A)    The Minister may, by written notice served on the holder of the approval,      14
                    refuse to accept the surrender of the approval if the Minister considers it    15
                    appropriate to do so or in such other circumstances as may be prescribed by    16
                    the regulations.                                                               17

[19]   Section 108 (3)                                                                             18

       Insert after section 108 (2):                                                               19

              (3)   Without limiting section 109, the Minister may:                                20
                    (a) cancel a surrendered approval, or                                          21
                    (b) transfer the surrendered approval to the Minister or to another person.    22

[20]   Section 109 Suspension and cancellation of approvals                                        23

       Insert "(or any part of an approval)" after "cancel an approval" in section 109 (1).        24

[21]   Section 109 (2A)                                                                            25

       Insert after section 109 (2):                                                               26

            (2A)    If the Minister suspends or cancels a part of an approval, the Minister may    27
                    amend the approval so as to give effect to that suspension or cancellation.    28

[22]   Section 113 Register of approvals                                                           29

       Insert "transferred," after "amended," in section 113 (1) (b).                              30

[23]   Section 368 Appeals to Land and Environment Court                                           31

       Insert after section 368 (1) (k):                                                           32
                    (k1) a decision to amend an approval otherwise than on the basis of an         33
                            application made by the holder of the approval,                        34

[24]   Section 368 (1) (l)                                                                         35

       Insert "or part of an approval" after "approval".                                           36




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[25]   Section 368 (5A)                                                                                  1
       Insert after section 368 (5):                                                                     2

             (5A)   If the Land and Environment Court directs that a decision under appeal is            3
                    stayed, the decision does not operate until the stay ceases to have effect or the    4
                    Land and Environment Court confirms the decision or the appeal is                    5
                    withdrawn, whichever first occurs.                                                   6

[26]   Schedule 1A Access Register                                                                       7

       Omit clause 1 (3). Insert instead:                                                                8

              (3)   The Minister must not register any Ministerial action (other than the grant of       9
                    an access licence) until:                                                           10
                    (a) the end of the time permitted by section 368 (3) for making an appeal           11
                          with respect to the decision, or                                              12
                    (b) if an appeal is made against the decision within that time, at or after the     13
                          time the appeal is finally disposed of.                                       14

[27]   Schedule 10 Conversion of former entitlements to access licences and approvals                   15

       Omit clause 20 (2). Insert instead:                                                              16

              (2)   A replacement access licence or approval:                                           17
                    (a) is to include any mandatory conditions that are required to be imposed          18
                          on the licence or approval, and                                               19
                    (b) may include such other conditions (discretionary conditions) as the             20
                          Minister thinks fit, including (but not limited to) conditions relating to    21
                          the protection of the environment.                                            22

             (2A)   Notice of any mandatory or discretionary conditions of a replacement access         23
                    licence or approval may be given in the written notice given under subclause        24
                    (1) or by one or more subsequent written notices.                                   25

             (2B)   Discretionary conditions imposed on a replacement access licence or approval        26
                    before the commencement of this subclause are taken to have been validly            27
                    imposed (and always to have been validly imposed) to the extent that the            28
                    conditions would have been validly imposed had subclauses (2) and (2A) (as          29
                    substituted or inserted by the Water Management Amendment Act 2014) been            30
                    in force at the time that they were imposed.                                        31

1.11 Amendments concerning management plans                                                             32

 [1]   Section 43A Extension of duration of management plan dealing with water sharing                  33

       Omit "first anniversary" from section 43A (6). Insert instead "second anniversary".              34

 [2]   Section 45A                                                                                      35

       Insert after section 45:                                                                         36

       45A    Consolidation of management plans                                                         37

              (1)   The Minister may, by order published on NSW legislation website,                    38
                    consolidate 2 or more management plans by:                                          39
                    (a) repealing one or more management plans and amending another                     40
                          management plan to make provision with respect to the matters dealt           41
                          with by the repealed plan or plans, or                                        42




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                     (b)   amending a management plan to make provision with respect to the                 1
                           matters dealt with by one or more other plans that have expired (or are          2
                           to expire) by operation of section 43.                                           3

              (2)   A consolidated management plan may contain provisions of a savings or                   4
                    transitional nature consequent on the consolidation.                                    5

              (3)   The provisions of Division 9 (Compensation relating to access licences) of              6
                    Part 2 of Chapter 3 in relation to the consolidation of management plans under          7
                    this section have effect subject to the following:                                      8
                     (a) subject to paragraph (b), the consolidation of the management plans                9
                           does not affect any right to compensation that the holder of an access          10
                           licence would have had under section 87 or 87AA had the consolidation           11
                           not occurred,                                                                   12
                    (b) the commencement of the 10-year period referred to in section 87AA                 13
                           (6) (b) in its application to an expired or repealed plan is to be calculated   14
                           by reference to the 10-year period commencing on the date on which the          15
                           expired or repealed plan was due to expire rather than the date on which        16
                           the plan into which the provisions were consolidated ceases to be in            17
                           force.                                                                          18

              (4)   Section 45 does not limit the circumstances in which the Minister may repeal           19
                    or amend a management plan under this section (including a management plan             20
                    that deals with water sharing).                                                        21

[3]    Section 87AC                                                                                        22

       Insert after section 87AB:                                                                          23

      87AC   No compensation payable for reductions in water allocations under certain                     24
             replacement management plans                                                                  25

                    The holder of an access licence is not entitled to any compensation in respect         26
                    of reductions in water allocations for the access licence resulting from               27
                    provisions included in a management plan that replaces another management              28
                    plan if the replaced management plan authorised the inclusion of amendments            29
                    containing provisions of that kind in the replaced management plan.                    30

1.12 Amendments concerning combined approvals                                                              31

[1]    Chapter 3, Part 3, Division 2, heading                                                              32

       Insert "and granting of" after "for".                                                               33

[2]    Section 95 Determination of applications                                                            34

       Insert at the end of section 95 (1):                                                                35
                    Note. Section 99A enables the Minister to grant combined approvals at the time an      36
                    application is granted for one or more of the approvals concerned or subsequently.     37

[3]    Section 95 (2)                                                                                      38

       Omit the subsection.                                                                                39




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[4]   Section 99A                                                                                             1
      Insert after section 99:                                                                                2

      99A   Granting of combined approvals                                                                    3

             (1)   The Minister may, on application or on the Minister's own motion, grant 2 or               4
                   more approvals by means of a single approval document (a combined                          5
                   approval).                                                                                 6

             (2)   A combined approval may be granted:                                                        7
                   (a) at the time an application for one or more of the approvals is granted, or             8
                   (b) by amending an existing approval (whether or not a combined approval)                  9
                        to include additional approvals.                                                     10
                   Note. Section 92 (4) provides that an application may relate to more than one approval,   11
                   whether of the same or of a different kind, unless the Minister requires a separate       12
                   application to be made in relation to one or more of them.                                13

             (3)   A combined approval that is granted by amending an existing approval must                 14
                   provide for a common expiry date for all of the approvals.                                15

             (4)   A combined approval may:                                                                  16
                   (a) deal with approvals with respect to the same or different kinds of                    17
                        approvals or the same or different kinds of uses, works or activities, and           18
                   (b) provide for common terms and conditions, or different terms and                       19
                        conditions, for some or all of the approvals granted.                                20

             (5)   A combined approval is taken to have effect for the purposes of this Act as if            21
                   it were:                                                                                  22
                    (a) to the extent it contains an approval for water use--a water use                     23
                          approval, or                                                                       24
                   (b) to the extent it contains an approval for the construction and use of a               25
                          water supply work--a water supply work approval, or                                26
                    (c) to the extent that it contains an approval for the construction and use of           27
                          a drainage work--a drainage work approval, or                                      28
                   (d) to the extent that it contains an approval for the construction and use of            29
                          a flood work--a flood work approval, or                                            30
                    (e) to the extent that it contains approval for the carrying out of a controlled         31
                          activity--a controlled activity approval, or                                       32
                    (f) to the extent that it contains approval for the carrying out of an aquifer           33
                          interference activity--an aquifer interference approval.                           34

             (6)   Each approval granted by means of a combined approval takes effect as                     35
                   provided by section 95 (5).                                                               36

             (7)   Section 98 (Notice of decision) does not apply with respect to a determination            37
                   to grant a combined approval that is made on the Minister's own motion.                   38

             (8)   Nothing in this section:                                                                  39
                   (a) permits the Minister to grant an approval, or to impose or alter terms or             40
                         conditions of an approval, by means of a combined approval otherwise                41
                         than in accordance with the requirements of this Act for that kind of               42
                         approval, or                                                                        43
                   (b) limits any right of appeal against a decision made with respect to each               44
                         kind of approval granted.                                                           45




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1.13 Amendments concerning floodplain harvesting access licences                                      1

[1]   Section 57 Categories of licence                                                                2

      Insert after section 57 (1) (k):                                                                3
                   (k1) floodplain harvesting (regulated river) access licences,                      4
                   (k2) floodplain harvesting (unregulated river) access licences,                    5

[2]   Section 57A                                                                                     6

      Insert after section 57:                                                                        7

      57A   Special provisions relating to floodplain harvesting access licences                      8

             (1)   The regulations may make provision for or with respect to the conversion of        9
                   actual or proposed floodplain water usage by landholders into any of the          10
                   following categories or subcategories of floodplain harvesting access licences    11
                   (replacement floodplain harvesting access licences):                              12
                    (a) floodplain harvesting (regulated river) access licences,                     13
                   (b) floodplain harvesting (unregulated river) access licences,                    14
                    (c) any other categories or subcategories of floodplain harvesting access        15
                         licences prescribed for the purposes of section 57 (1) (l) or (2).          16

             (2)   Without limiting subsection (1), the regulations may make provision for or        17
                   with respect to the following:                                                    18
                   (a) the circumstances in which actual or proposed floodplain water usage          19
                         by landholders will give rise to replacement floodplain harvesting          20
                         access licences,                                                            21
                   (b) the terms and conditions of replacement floodplain harvesting access          22
                         licences,                                                                   23
                   (c) the share components of replacement floodplain harvesting access              24
                         licences (including the process for the determination of such share         25
                         components),                                                                26
                   (d) the determination of applications for approvals for flood works or other      27
                         works (whether made under this Act or the Water Act 1912) in                28
                         connection with floodplains in respect of which replacement floodplain      29
                         harvesting access licences will arise,                                      30
                   (e) the establishment, functions and procedure of advisory committees to          31
                         provide advice to the Minister on matters in connection with any            32
                         scheme prescribed by the regulations for the creation of replacement        33
                         floodplain harvesting access licences (including providing for the          34
                         application of section 397 to the acts or omissions of such committees      35
                         or their members).                                                          36

             (3)   Regulations made for the purposes of this section have effect despite any         37
                   provisions of this Act (including Schedule 10) that are specified by the          38
                   regulations.                                                                      39

             (4)   A floodplain harvesting (regulated river) access licence, or other category or    40
                   subcategory of floodplain harvesting access licence, that nominates a             41
                   regulated river water source is taken to authorise the taking of water from the   42
                   floodplain for the river and, accordingly, any water taken under that licence     43




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                    from that floodplain is to be treated as having been taken from the regulated              1
                    river water source for the purposes of this Act or any management plan that                2
                    applies to the river.                                                                      3
                    Note. For example, the taking of water from a floodplain under a floodplain harvesting     4
                    (regulated river) access licence otherwise than in accordance with the water allocation    5
                    for the licence will be an offence under section 60C even though it was not directly       6
                    taken from the regulated river to which the licence relates.                               7

             (5)    In this section:                                                                           8
                    floodplain water usage by landholders means the taking or use of water by                  9
                    landholders (whether or not under an approval, licence or other authority)                10
                    from land that is, or is to become, a floodplain.                                         11
                    Note. The Dictionary defines floodplain to mean land declared by the regulations to       12
                    be a floodplain.                                                                          13

1.14 Amendments concerning the conversion of former entitlements into                                         14
     access licences                                                                                          15

[1]   Schedule 10 Conversion of former entitlements to access licences and approvals                          16

      Insert after clause 6 (2):                                                                              17

             (3)    However, subclauses (1) and (2) do not apply in relation to an entitlement to             18
                    take or use water for domestic and stock purposes if the entitlement arises from          19
                    Part 2 of the 1912 Act.                                                                   20

             (4)    Any access licence issued before the commencement of subclause (3) as a                   21
                    replacement for an entitlement of the kind referred to in that subclause that             22
                    would have been validly issued if that subclause had been in force at the time            23
                    it was issued is taken to have been (and always to have been) validly issued.             24

[2]   Schedule 10, clause 25                                                                                  25

      Omit the clause. Insert instead:                                                                        26

      25     Water allocation accounts                                                                        27

             (1)    Water allocation accounts where appointed day before clause re-enactment                  28
                    day                                                                                       29

                    Subclauses (2)-(5) apply with respect to a replacement access licence if the              30
                    appointed day in relation to the licence occurred before the day on which this            31
                    clause was substituted by the Water Management Amendment Act 2014 (the                    32
                    clause re-enactment day).                                                                 33

             (2)    The first reconciliation balance for the water allocation account for a                   34
                    replacement access licence is the balance determined for the account as at                35
                    1 July of the next water year following the water year in which the appointed             36
                    day occurred.                                                                             37
                    Note. A first reconciliation balance will usually have been determined after the 1 July   38
                    concerned following the collection of relevant information such as, for example, meter    39
                    readings.                                                                                 40

             (3)    Subject to subclause (4), any balance (including a zero balance) that appeared            41
                    on the clause re-enactment day in the water accounting system of the                      42
                    Department as the first reconciliation balance for the water allocation account           43
                    for a replacement access licence is taken to be (and always to have been) the             44
                    correct first reconciliation balance.                                                     45
                    Note. This subclause extends to first reconciliation balances that may have been          46
                    revised or corrected after the appointed day but before the clause re-enactment day.      47




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             (4)   The Minister may amend the first reconciliation balance referred to in             1
                   subclause (3) after the clause re-enactment day if:                                2
                   (a) the Minister is satisfied, based on later and more accurate information,       3
                         that the balance was not correctly determined or displayed, and              4
                   (b) the clause re-enactment day occurred no later than 2 years after the           5
                         appointed day.                                                               6

             (5)   Without limiting section 367, a certificate issued by the Minister that states     7
                   that a specified balance (including a zero balance):                               8
                    (a) was, or was not, the first reconciliation balance for the water allocation    9
                          account for the purposes of subclause (3), or                              10
                   (b) was, or was not, the first reconciliation balance for the water allocation    11
                          account for the purposes of subclause (3), as amended under                12
                          subclause (4),                                                             13
                   is admissible in any legal proceedings and is evidence of the fact or facts so    14
                   stated.                                                                           15

             (6)   Water allocations accounts where appointed day on or after clause                 16
                   re-enactment day                                                                  17

                   Subclauses (7)-(9) apply with respect to an access licence if the appointed day   18
                   in relation to the licence occurs on or after the clause re-enactment day.        19

             (7)   On the appointed day, the balance for the water allocation account for a          20
                   replacement access licence or licences is taken to be zero unless the             21
                   regulations provide otherwise.                                                    22

             (8)   The regulations may make provision for or with respect to the balances to be      23
                   allocated to the water allocation accounts for replacement access licences        24
                   (whether generally or for the purposes of the relevant management plan).          25

             (9)   Without limiting subclause (8), the regulations may make provision for or with    26
                   respect to the following:                                                         27
                    (a) the allocation, calculation or determination of balances for water           28
                         allocation accounts for replacement access licences,                        29
                   (b) the use of balances from existing water accounts for former entitlements      30
                         and other information in connection with the allocation, calculation or     31
                         determination of balances for water allocation accounts for replacement     32
                         access licences,                                                            33
                    (c) the correction or re-calculation of balances for water allocation            34
                         accounts for replacement access licences.                                   35

           (10)    Definition                                                                        36

                   In this clause:                                                                   37
                   existing water account, in relation to a former entitlement, means the water      38
                   account that, in accordance with the administrative practices followed by the     39
                   Director-General before the appointed day in relation to the entitlement, was     40
                   kept in relation to the entitlement.                                              41
                   water year means a year commencing on 1 July.                                     42

1.15 Amendments concerning savings and transitional matters                                          43

[1]   Schedule 9 Savings, transitional and other provisions                                          44

      Insert at the end of clause 1 (1):                                                             45

                   any other Act that amends this Act                                                46



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[2]   Schedule 9, clause 13                                                                          1
      Insert at the end of the clause:                                                               2

             (2)   Section 43 (Duration of management plans) is taken to apply to a floodplain       3
                   management plan that becomes a Minister's plan by operation of subclause (1)      4
                   as if it had commenced on the day on which it became a Minister's plan.           5

[3]   Schedule 9                                                                                     6

      Insert at the end of the Schedule with appropriate Part and clause numbering:                  7


      Part         Provisions consequent on enactment of Water                                       8
                   Management Amendment Act 2014                                                     9

             Definition                                                                             10

                   In this Part:                                                                    11
                   amending Act means the Water Management Amendment Act 2014.                      12

             Amendments concerning supplementary water access licences                              13

             (1)   An order that was in force under section 70 immediately before the day on        14
                   which that section was substituted by Schedule 1.2 to the amending Act           15
                   continues to have effect for the purposes of the substituted section as if the   16
                   provisions of the order were contained in a relevant management plan.            17

             (2)   An order to which subclause (1) applies ceases to have effect on the day on      18
                   which a relevant management plan makes provision for the matter concerned        19
                   or the day on which the order is revoked, whichever is earlier.                  20

             (3)   Sections 87 and 87AA, as amended by Schedule 1.2 to the amending Act,            21
                   extend to regulated river supplementary water access licences that were in       22
                   force immediately before their amendment.                                        23

             Amendments concerning harvestable rights                                               24

             (1)   Sections 53 and 54, as substituted by Schedule 1.3 to the amending Act, extend   25
                   to existing dams.                                                                26

             (2)   An existing dam is a dam that was in existence immediately before sections 53    27
                   and 54 were substituted by Schedule 1.3 to the amending Act.                     28

             (3)   However, nothing in this clause permits the capturing and storage of water in,   29
                   or the taking and use of water from, an existing dam in accordance with          30
                   substituted sections 53 and 54 if the dam was not lawfully constructed and       31
                   continues to be unlawful.                                                        32

             Amendments concerning the controlled allocation of access licences                     33

                   Section 65, as amended by Schedule 1.4 to the amending Act, extends to           34
                   orders under that section that were in force immediately before the              35
                   commencement of that Schedule.                                                   36

             Amendments concerning water allocation accounts and the taking of water                37

             (1)   An order that was in force under section 85A immediately before the day on       38
                   which that section was amended by Schedule 1.8 to the amending Act               39
                   continues to have effect for the purposes of the amended section as if the       40
                   provisions of the order were contained in a relevant management plan.            41




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            (2)   An order to which subclause (1) applies ceases to have effect on the day on              1
                  which a relevant management plan makes provision for the matter concerned                2
                  or the day on which the order is revoked, whichever is earlier.                          3

            Amendments concerning nominated water supply works and water tagging                           4
            zones                                                                                          5

                  Section 71W, as in force immediately before the day on which it was                      6
                  substituted by Schedule 1.9 to the amending Act, continues to apply to                   7
                  applications that were made (but not determined) before that day.                        8

            Amendments concerning the streamlining of licensing and trading processes                      9

            (1)   Each of the following provisions, as amended, inserted or substituted by                10
                  Schedule 1.10 to the amending Act, extends to applications made (but not                11
                  determined) before the amendment, insertion or substitution of the provision            12
                  concerned:                                                                              13
                  (a) sections 61 and 92,                                                                 14
                  (b) sections 63 (1A) and 95 (1A),                                                       15
                  (c) sections 66A, 67 and 100A,                                                          16
                  (d) section 95 (5).                                                                     17

            (2)   Section 107, as amended by Schedule 1.10 to the amending Act, extends to                18
                  approvals that were in force immediately before the commencement of the                 19
                  amendment concerned.                                                                    20

            (3)   Clause 1 (3) of Schedule 1A, as substituted by Schedule 1.10 to the amending            21
                  Act, extends to access licences granted (but not recorded in the Access                 22
                  Register) before the substitution of that subclause.                                    23

            Amendments concerning management plans                                                        24

                  Sections 43A, 45A and 87AC, as amended, substituted or inserted by                      25
                  Schedule 1.11 to the amending Act, extend to management plans that were in              26
                  force immediately before the amendment, substitution or insertion of the                27
                  provision concerned.                                                                    28

            Amendments concerning combined approvals                                                      29

                  Sections 95 and 99A, as amended or inserted by Schedule 1.12 to the                     30
                  amending Act, extend to:                                                                31
                  (a) applications for approvals that were made (but not determined) before               32
                        the amendment or insertion of the provision concerned, and                        33
                  (b) approvals that were in force immediately before the amendment or                    34
                        insertion of the provision concerned.                                             35

            Amendments concerning floodplain harvesting access licences                                   36

            (1)   Part 2 of Chapter 3 is taken not to have commenced to apply to any category             37
                  of floodplain harvesting access licences in connection with a place or water            38
                  source regardless of whether or not that category was expressly excluded from           39
                  a previous application proclamation for the place or source.                            40

            (2)   A previous application proclamation for a place or water source is a                    41
                  proclamation under section 55A made with respect to the place or water source           42
                  that was published before the day on which section 57A was inserted by the              43
                  amending Act.                                                                           44
                  Note. A proclamation under section 55A operates to apply Part 2 of Chapter 3 to parts   45
                  of the State or water sources specified by the proclamation.                            46



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            (3)   This clause applies despite section 55A (or a proclamation made under that          1
                  section) or Schedule 10.                                                            2

            (4)   However, nothing in this clause limits the application of section 57A (as           3
                  inserted by Schedule 1.13 to the amending Act), or any regulations made for         4
                  the purposes of that section, to the conversion of actual or proposed floodplain    5
                  water usage by landholders into floodplain harvesting access licences in            6
                  connection with a water source to which subclause (1) applies.                      7

            Amendment of water sharing plans                                                          8

            (1)   The amendments made to a water sharing plan by Schedule 2 to the amending           9
                  Act are not to be construed as altering the meaning of any provision of the plan   10
                  (a native title provision) dealing with the management of a water source with      11
                  respect to which there may be native rights.                                       12

            (2)   Accordingly, a native title provision is to continue to be construed to have the   13
                  same meaning as it had before the amendment of the plan until it is amended        14
                  by some other means.                                                               15




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Schedule 2            Amendment of water sharing plans                                                   1


2.1 Water Sharing Plan for the Bega and Brogo Rivers Area Regulated,                                     2
    Unregulated and Alluvial Water Sources 2011                                                          3

[1]   Clause 38 Supply for domestic and stock rights, native title rights and access                     4
      licences                                                                                           5

      Omit "domestic and stock rights and" from clause 38 (1) (a).                                       6

[2]   Clause 38 (1) (a1)                                                                                 7

      Insert after clause 38 (1) (a):                                                                    8
                    (a1) it would be capable of maintaining supply to those persons exercising           9
                           domestic and stock rights in the water source through a repeat of the        10
                           worst period of low inflows into the Bega and Brogo Regulated Rivers         11
                           Water Source (based on historical flow information held by the               12
                           Department when this Plan commenced),                                        13

[3]   Clause 38 (1) (b)                                                                                 14

      Omit "worst period of inflows into this water source, as represented in flow information          15
      held by the NSW Office of Water".                                                                 16

      Insert instead "worst period of low inflows into this water source (based on historical flow      17
      information held by the Department when this Plan commenced)".                                    18

[4]   Clause 38 (1) (c)                                                                                 19

      Omit "worst period of low inflows into these water sources, as represented in flow                20
      information held by the NSW Office of Water".                                                     21

      Insert instead "worst period of low inflows into this water source (based on historical flow      22
      information held by the Department when this Plan commenced)".                                    23

[5]   Clause 38 (1) (d)                                                                                 24

      Omit "worst period of low inflows into this water source, as represented in flow information      25
      held by the NSW Office of Water".                                                                 26

      Insert instead "worst period of low inflows into this water source (based on historical flow      27
      information held by the Department when this Plan commenced)".                                    28

2.2 Water Sharing Plan for the Belubula Regulated River Water Source                                    29
    2012                                                                                                30

[1]   Clause 31 Supply for domestic and stock and native title rights                                   31

      Insert "in connection with the exercise of native title rights, but is restricted in connection   32
      with the exercise of domestic and stock rights to historical flow information held by the         33
      Department when this Plan commenced" after "data" in clause 31 (1).                               34

[2]   Clause 39 Available water determinations for domestic and stock access licences                   35

      Omit "worst period of inflows into this water source, as represented in flow information          36
      held by the Department" from clause 39 (3).                                                       37

      Insert instead "worst period of low inflows into this water source (based on historical flow      38
      information held by the Department when this Plan commenced)".                                    39




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[3]   Clause 40 Available water determinations for local water utility access licences                1
      Omit "worst period of inflows into this water source, as represented in flow information        2
      held by the Department" from clause 40 (3).                                                     3

      Insert instead "worst period of low inflows into this water source (based on historical flow    4
      information held by the Department when this Plan commenced)".                                  5

[4]   Clause 41 Available water determinations for regulated river (high security) access             6
      licences                                                                                        7

      Omit "worst period of inflows into the water source, as represented in flow information held    8
      by the Department at the commencement of this Plan" from clause 40 (3).                         9

      Insert instead "worst period of low inflows into this water source (based on historical flow   10
      information held by the Department when this Plan commenced)".                                 11

2.3 Water Sharing Plan for the Gwydir Regulated River Water Source 2002                              12

[1]   Clause 18 Domestic and stock rights                                                            13

      Omit "worst period of low inflows into this water source, as represented in flow information   14
      held by the Department" from clause 18 (3).                                                    15

      Insert instead "worst period of low inflows into this water source (based on historical flow   16
      information held by the Department when this Plan commenced)".                                 17

[2]   Clause 35 Available water determinations for domestic and stock access licences                18

      Omit "worst period of low inflows to this water source, as represented in flow information     19
      held by the Department" from clause 35 (1).                                                    20

      Insert instead "worst period of low inflows into this water source (based on historical flow   21
      information held by the Department when this Plan commenced)".                                 22

[3]   Clause 36 Available water determinations for local water utility access licences               23

      Omit "worst period of low inflows to this water source, as represented in flow information     24
      held by the Department" from clause 36 (1).                                                    25

      Insert instead "worst period of low inflows into this water source (based on historical flow   26
      information held by the Department when this Plan commenced)".                                 27

[4]   Clause 37 Available water determinations for regulated river (high security) access            28
      licences                                                                                       29

      Omit "worst period of low inflows to this water source, as represented in flow information     30
      held by the Department" from clause 37 (1).                                                    31

      Insert instead "worst period of low inflows into this water source (based on historical flow   32
      information held by the Department when this Plan commenced)".                                 33

2.4 Water Sharing Plan for the Hunter Regulated River Water Source 2003                              34

[1]   Clause 15 Planned environmental water                                                          35

      Omit "worst drought in this water source for which reliable flow information is available"     36
      from clause 15 (d).                                                                            37

      Insert instead "worst period of low inflows into this water source (based on historical flow   38
      information held by the Department when this Plan commenced)".                                 39




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Water Management Amendment Bill 2014 [NSW]
Schedule 2 Amendment of water sharing plans


[2]   Clause 19 Domestic and stock rights                                                             1
      Omit "worst period of low inflows to this water source, as represented in flow information      2
      held by the Department" from clause 19 (3).                                                     3

      Insert instead "worst period of low inflows into this water source (based on historical flow    4
      information held by the Department when this Plan commenced)".                                  5

[3]   Clause 36 Available water determinations for domestic and stock access licences                 6

      Omit "worst period of low inflows to this water source, represented in flow information         7
      held by the Department" from clause 36 (1).                                                     8

      Insert instead "worst period of low inflows into this water source (based on historical flow    9
      information held by the Department when this Plan commenced)".                                 10

[4]   Clause 37 Available water determinations for major utility access licences                     11

      Omit "worst period of low inflows to this water source, represented in flow information        12
      held by the Department" from clause 37 (1).                                                    13

      Insert instead "worst period of low inflows into this water source (based on historical flow   14
      information held by the Department when this Plan commenced)".                                 15

[5]   Clause 38 Available water determinations for local water utility access licences               16

      Omit "worst period of low inflows to this water source, represented in flow information        17
      held by the Department" from clause 38 (1).                                                    18

      Insert instead "worst period of low inflows into this water source (based on historical flow   19
      information held by the Department when this Plan commenced)".                                 20

2.5 Water Sharing Plan for the Lachlan Regulated River Water Source 2003                             21

[1]   Clause 18 Domestic and stock rights                                                            22

      Omit "worst period of low inflows to this water source, as represented in flow information     23
      held by the Department" from clause 18 (3).                                                    24

      Insert instead "worst period of low inflows into this water source (based on historical flow   25
      information held by the Department when this Plan commenced)".                                 26

[2]   Clause 37 Available water determinations for domestic and stock access licences                27

      Omit "worst period of low inflows to this water source, represented in flow information        28
      held by the Department" from clause 37 (1).                                                    29

      Insert instead "worst period of low inflows into this water source (based on historical flow   30
      information held by the Department when this Plan commenced)".                                 31

[3]   Clause 38 Available water determinations for local water utility access licences               32

      Omit "worst period of low inflows to this water source, represented in flow information        33
      held by the Department" from clause 38 (1).                                                    34

      Insert instead "worst period of low inflows into this water source (based on historical flow   35
      information held by the Department when this Plan commenced)".                                 36




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Water Management Amendment Bill 2014 [NSW]
Schedule 2 Amendment of water sharing plans


[4]   Clause 39 Available water determinations for regulated river (high security) access             1
      licences                                                                                        2

      Omit "worst period of low inflows to this water source represented in flow information held     3
      by the Department" from clause 39 (1).                                                          4

      Insert instead "worst period of low inflows into this water source (based on historical flow    5
      information held by the Department when this Plan commenced)".                                  6

2.6 Water Sharing Plan for the Macquarie and Cudgegong Regulated                                      7
    Rivers Water Source 2003                                                                          8

[1]   Clause 18 Domestic and stock rights                                                             9

      Omit "worst period of low inflows to this water source, represented in flow information        10
      held by the Department" from clause 18 (3).                                                    11

      Insert instead "worst period of low inflows into this water source (based on historical flow   12
      information held by the Department when this Plan commenced)".                                 13

[2]   Clause 35 Available water determinations for domestic and stock access licences                14

      Omit "worst period of low inflows to this water source, represented in flow information        15
      held by the Department" from clause 35 (1).                                                    16

      Insert instead "worst period of low inflows into this water source (based on historical flow   17
      information held by the Department when this Plan commenced)".                                 18

[3]   Clause 36 Available water determinations for local water utility access licences               19

      Omit "worst period of low inflows to this water source, represented in flow information        20
      held by the Department" from clause 36 (1).                                                    21

      Insert instead "worst period of low inflows into this water source (based on historical flow   22
      information held by the Department when this Plan commenced)".                                 23

[4]   Clause 37 Available water determinations for regulated river (high security) access            24
      licences                                                                                       25

      Omit "worst period of low inflows to this water source, represented in flow information        26
      held by the Department" from clause 37 (1).                                                    27

      Insert instead "worst period of low inflows into this water source (based on historical flow   28
      information held by the Department when this Plan commenced)".                                 29

2.7 Water Sharing Plan for the Murrumbidgee Regulated River Water                                    30
    Source 2003                                                                                      31

[1]   Clause 18 Domestic and stock rights                                                            32

      Omit "worst period of low inflows to this water source represented in flow information held    33
      by the Department of Land and Water Conservation" from clause 18 (3).                          34

      Insert instead "worst period of low inflows into this water source (based on historical flow   35
      information held by the Department when this Plan commenced)".                                 36

[2]   Clause 36 Available water determinations for domestic and stock access licences                37

      Omit "worst period of low inflows to this water source represented in flow information held    38
      by the Department" from clause 36 (1).                                                         39

      Insert instead "worst period of low inflows into this water source (based on historical flow   40
      information held by the Department when this Plan commenced)".                                 41




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Water Management Amendment Bill 2014 [NSW]
Schedule 2 Amendment of water sharing plans


[3]   Clause 37 Available water determinations for local water utility access licences                1
      Omit "worst period of low inflows to this water source represented in flow information held     2
      by the Department" from clause 37 (1).                                                          3

      Insert instead "worst period of low inflows into this water source (based on historical flow    4
      information held by the Department when this Plan commenced)".                                  5

[4]   Clause 38 Available water determinations for regulated river (high security) access             6
      licences                                                                                        7

      Omit "worst period of low inflows to this water source represented in flow information held     8
      by the Department" from clause 38 (1).                                                          9

      Insert instead "worst period of low inflows into this water source (based on historical flow   10
      information held by the Department when this Plan commenced)".                                 11

2.8 Water Sharing Plan for the NSW Border Rivers Regulated River Water                               12
    Source 2009                                                                                      13

[1]   Clause 15 Domestic and stock rights                                                            14

      Omit "worst period of inflows into this water source prior to the commencement of this         15
      Plan, as represented in flow information held by the Department" from clause 15 (3).           16

      Insert instead "worst period of low inflows into this water source (based on historical flow   17
      information held by the Department when this Plan commenced)".                                 18

[2]   Clause 33 Available water determinations for domestic and stock access licences                19

      Omit "worst period of low inflows to this water source prior to the commencement of this       20
      Plan, as represented in flow information held by the Department" from clause 33 (1).           21

      Insert instead "worst period of low inflows into this water source (based on historical flow   22
      information held by the Department when this Plan commenced)".                                 23

[3]   Clause 34 Available water determinations for local water utility access licences               24

      Omit "worst period of low inflows to this water source prior to the commencement of this       25
      Plan, as represented in flow information held by the Department" from clause 34 (1).           26

      Insert instead "worst period of low inflows into this water source (based on historical flow   27
      information held by the Department when this Plan commenced)".                                 28

[4]   Clause 35 Available water determinations for regulated river (high security) access            29
      licences                                                                                       30

      Omit "worst period of low inflows to this water source prior to the commencement of this       31
      Plan, as represented in flow information held by the Department" from clause 35 (1).           32

      Insert instead "worst period of low inflows into this water source (based on historical flow   33
      information held by the Department when this Plan commenced)".                                 34

2.9 Water Sharing Plan for the New South Wales Murray and Lower Darling                              35
    Regulated Rivers Water Sources 2003                                                              36

[1]   Clause 18 Domestic and stock rights                                                            37

      Omit "worst period of low inflows to each water source for which flow information is held      38
      by the Department" from clause 18 (4).                                                         39

      Insert instead "worst period of low inflows into each water source (based on historical flow   40
      information held by the Department when this Plan commenced)".                                 41




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Water Management Amendment Bill 2014 [NSW]
Schedule 2 Amendment of water sharing plans


[2]   Clause 35 Available water determinations for domestic and stock access licences                 1
      Omit "worst period of low inflows to the Murray Water Source represented in flow                2
      information held by the Department" from clause 35 (1).                                         3

      Insert instead "worst period of low inflows into the Murray Water Source (based on              4
      historical flow information held by the Department when this Plan commenced)".                  5

[3]   Clause 36 Available water determinations for local water utility access licences                6

      Omit "worst period of low inflows to the Murray Water Source represented in flow                7
      information held by the Department" from clause 36 (1).                                         8

      Insert instead "worst period of low inflows into the Murray Water Source (based on              9
      historical flow information held by the Department when this Plan commenced)".                 10

[4]   Clause 37 Available water determinations for regulated river (high security) access            11
      licences                                                                                       12

      Omit "worst period of low inflows to the Murray Water Source represented in flow               13
      information held by the Department" from clause 37 (1).                                        14

      Insert instead "worst period of low inflows into the Murray Water Source (based on             15
      historical flow information held by the Department when this Plan commenced)".                 16

2.10 Water Sharing Plan for the Paterson Regulated River Water Source                                17
     2007                                                                                            18

[1]   Clause 14 Planned environmental water                                                          19

      Omit "worst drought in this water source for which reliable flow information is available"     20
      from clause 14 (1) (f).                                                                        21

      Insert instead "worst period of low inflows into this water source (based on historical flow   22
      information held by the Department when this Plan commenced)".                                 23

[2]   Clause 17 Domestic and stock rights                                                            24

      Omit "worst period of low inflows to this water source, as represented in flow information     25
      held by the Department at the commencement of this Plan" from clause 17 (3).                   26

      Insert instead "worst period of low inflows into this water source (based on historical flow   27
      information held by the Department when this Plan commenced)".                                 28

[3]   Clause 33 Available water determinations for domestic and stock access licences                29

      Omit "worst period of low inflows to this water source, represented in flow information        30
      held by the Department at the commencement of this Plan" from clause 33 (1).                   31

      Insert instead "worst period of low inflows into this water source (based on historical flow   32
      information held by the Department when this Plan commenced)".                                 33

[4]   Clause 34 Available water determinations for local water utility access licences               34

      Omit "worst period of low inflows to this water source, represented in flow information        35
      held by the Department at the commencement of this Plan" from clause 34 (1).                   36

      Insert instead "worst period of low inflows into this water source (based on historical flow   37
      information held by the Department when this Plan commenced)".                                 38




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Water Management Amendment Bill 2014 [NSW]
Schedule 2 Amendment of water sharing plans



2.11 Water Sharing Plan for the Peel Valley Regulated, Unregulated,                                   1
     Alluvium and Fractured Rock Water Sources 2010                                                   2

[1]   Clause 37 Supply for domestic and stock and native title rights                                 3

      Insert after clause 37 (1):                                                                     4

           (1A)    However, the flow information that may be relied on under subclause (1) to         5
                   determine the worst period of low inflows in connection with the exercise of       6
                   domestic and stock rights is limited to historical flow information held by the    7
                   Department when this Plan commenced.                                               8

[2]   Clause 47 Available water determinations for domestic and stock access licences                 9

      Omit "worst period of inflows into this water source, as represented in flow information       10
      held by the NSW Office of Water" from clause 47 (5).                                           11

      Insert instead "worst period of low inflows into this water source (based on historical flow   12
      information held by the Department when this Plan commenced)".                                 13

[3]   Clause 48 Available water determinations for local water utility access licences               14

      Omit "worst period of low inflows into these water sources, as represented in flow             15
      information held by the NSW Office of Water" from clause 48 (5).                               16

      Insert instead "worst period of low inflows into these water sources (based on historical      17
      flow information held by the Department when this Plan commenced)".                            18

[4]   Clause 49 Available water determinations for regulated river (high security) access            19
      licences                                                                                       20

      Omit "worst period of low inflows into these water sources, as represented in flow             21
      information held by the NSW Office of Water" from clause 49 (2).                               22

      Insert instead "worst period of low inflows into these water sources (based on historical      23
      flow information held by the Department when this Plan commenced)".                            24

[5]   Schedule 1 Dictionary                                                                          25

      Omit the definition of worst period of low inflows.                                            26

2.12 Water Sharing Plan for the Richmond River Area Unregulated,                                     27
     Regulated and Alluvial Water Sources 2010                                                       28

[1]   Clause 31 Environmental release rules for Toonumbar Dam                                        29

      Omit "worst period of low inflows to this water source, as represented in flow information     30
      held by the NSW Office of Water" from clause 31 (4).                                           31

      Insert instead "worst period of low inflows into this water source (based on historical flow   32
      information held by the Department when this Plan commenced)".                                 33

[2]   Clause 36 Supply for domestic and stock and native title rights                                34

      Insert after clause 36 (1):                                                                    35

           (1A)    However, the flow information that may be relied on under subclause (1) to        36
                   determine the worst period of low inflows in connection with the exercise of      37
                   domestic and stock rights is limited to historical flow information held by the   38
                   Department when this Plan commenced.                                              39




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Water Management Amendment Bill 2014 [NSW]
Schedule 2 Amendment of water sharing plans


[3]   Clause 43 Available water determinations for domestic and stock access licences                 1
      Omit "worst period of inflows into this water source, as represented in flow information        2
      held by the NSW Office of Water" from clause 43 (5).                                            3

      Insert instead "worst period of low inflows into this water source (based on historical flow    4
      information held by the Department when this Plan commenced)".                                  5

[4]   Clause 44 Available water determinations for local water utility access licences                6

      Omit "worst period of inflows into this water source, as represented in flow information        7
      held by the NSW Office of Water" from clause 44 (5).                                            8

      Insert instead "worst period of low inflows into this water source (based on historical flow    9
      information held by the Department when this Plan commenced)".                                 10

[5]   Clause 45 Available water determinations for regulated river (high security) access            11
      licences                                                                                       12

      Omit "worst period of low inflows into the water source, as represented in flow information    13
      held by the NSW Office of Water" from clause 45 (3).                                           14

      Insert instead "worst period of low inflows into the water source (based on historical flow    15
      information held by the Department when this Plan commenced)".                                 16

2.13 Water Sharing Plan for the Upper Namoi and Lower Namoi Regulated                                17
     River Water Sources 2003                                                                        18

[1]   Clause 18 Domestic and stock rights                                                            19

      Omit "worst period of low inflows into these water sources, as represented in flow             20
      information held by the Department" from clause 18 (4).                                        21

      Insert instead "worst period of low inflows into these water sources (based on historical      22
      flow information held by the Department when this Plan commenced)".                            23

[2]   Clause 35 Available water determinations for domestic and stock access licences                24

      Omit "worst period of low inflows into these water sources, as represented in flow             25
      information held by the Department" from clause 35 (1).                                        26

      Insert instead "worst period of low inflows into these water sources (based on historical      27
      flow information held by the Department when this Plan commenced)".                            28

[3]   Clause 36 Available water determinations for local water utility access licences               29

      Omit "worst period of low inflows into these water sources, as represented in flow             30
      information held by the Department" from clause 36 (1).                                        31

      Insert instead "worst period of low inflows into these water sources (based on historical      32
      flow information held by the Department when this Plan commenced)".                            33

[4]   Clause 37 Available water determinations for regulated river (high security) access            34
      licences                                                                                       35

      Omit "worst period of low inflows into these water sources, as represented in flow             36
      information held by the Department" from clause 37 (1).                                        37

      Insert instead "worst period of low inflows into these water sources (based on historical      38
      flow information held by the Department when this Plan commenced)".                            39




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Water Management Amendment Bill 2014 [NSW]
Schedule 3 Consequential amendment of other legislation



Schedule 3             Consequential amendment of other legislation   1


3.1 Water Management Amendment Act 2008 No 73                         2

      Schedule 4 Amendments relating to access licences               3

      Omit Schedule 4 [5], [6], [10] and [11].                        4

3.2 Water Management (General) Regulation 2011                        5

[1]   Clause 4 Categories of access licence                           6

      Omit clause 4 (1) (c).                                          7

[2]   Schedule 3 Categories and subcategories of licences             8

      Omit the matter relating to Floodplain harvesting.              9




Page 36


 


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