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This is a Bill, not an Act. For current law, see the Acts databases.
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 b2013-084-94.d16 Water Management Amendment Bill 2014 [NSW] 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. Page 2 Water Management Amendment Bill 2014 [NSW] 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 Page 3 Water Management Amendment Bill 2014 [NSW] 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. Page 4 Water Management Amendment Bill 2014 [NSW] 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. Page 5 Water Management Amendment Bill 2014 [NSW] 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). Page 6 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 b2013-084-94.d16 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 Page 2 Water Management Amendment Bill 2014 [NSW] 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 Page 3 Water Management Amendment Bill 2014 [NSW] 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 Page 4 Water Management Amendment Bill 2014 [NSW] 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 Page 5 Water Management Amendment Bill 2014 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 (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 Page 6 Water Management Amendment Bill 2014 [NSW] 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 Page 7 Water Management Amendment Bill 2014 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 [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 Page 8 Water Management Amendment Bill 2014 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 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 Page 9 Water Management Amendment Bill 2014 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 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 Page 10 Water Management Amendment Bill 2014 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 [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 Page 11 Water Management Amendment Bill 2014 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 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 Page 12 Water Management Amendment Bill 2014 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 (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 Page 13 Water Management Amendment Bill 2014 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 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 Page 14 Water Management Amendment Bill 2014 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 [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 Page 15 Water Management Amendment Bill 2014 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 [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 Page 16 Water Management Amendment Bill 2014 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 [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 Page 17 Water Management Amendment Bill 2014 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 (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 Page 18 Water Management Amendment Bill 2014 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 [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 Page 19 Water Management Amendment Bill 2014 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 (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 Page 20 Water Management Amendment Bill 2014 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 [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 Page 21 Water Management Amendment Bill 2014 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 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 Page 22 Water Management Amendment Bill 2014 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 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 Page 23 Water Management Amendment Bill 2014 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 (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 Page 24 Water Management Amendment Bill 2014 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 [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 Page 25 Water Management Amendment Bill 2014 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 (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 Page 26 Water Management Amendment Bill 2014 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 (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 Page 27 Water Management Amendment Bill 2014 [NSW] Schedule 2 Amendment of water sharing plans 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 Page 28 Water Management Amendment Bill 2014 [NSW] Schedule 2 Amendment of water sharing plans [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 Page 29 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 Page 30 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 Page 31 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 Page 32 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 Page 33 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 Page 34 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 Page 35 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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