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Water Legislation Amendment Bill 2013
Clause Notes
PART 1 PRELIMINARY
Clause 1 Short Title
Clause 2 Commencement
This Act will commence on a day or days to be proclaimed.
PART 2 WATER MANAGEMENT ACT 1999 AMENDED
Clause 3 Principal Act
The Principal Act referred to in this Part is the Water
Management Act 1999.
Clause 4 Section 3 amended (Interpretation)
The definitions of `responsible water entity' and `Special Act' are
rescinded as these are no longer applicable.
The term `administration licence' is defined as a licence granted
under Part 9 for the administrative control and responsibility of a
water district.
The definition of `authorisation' is amended to include reference
to a `water access right'. Reference to `transfer' is omitted from
paragraph (a) as it is covered in paragraph (c). Paragraph (b) of
the definition of authorisation is repealed as it is no longer
required.
The term `licensed water entity' is defined as a water entity
holding an administration licence issued under Part 9A.
The term `limits of a rural water supply district' is inserted to
clarify the extent of a such a district and includes the water
district as well as the vicinity of any source of supply and land
required to bring water into the district or from one part of a
district to another or for discharging surplus/drainage water from
the district.
The term `nominated location' is defined as the location within a
rural water supply district which has been nominated by a
person entitled to be supplied with water as the location at which
they require water to be supplied.
1
Clause 4 The definition of `prior right' is amended to clarify that it relates
(continued) to rights under Part 5 and 6.
The term `rural water supply system' is inserted and refers to
the infrastructure used to collect and deliver water located
within the boundaries of a rural water supply district and may
include watercourses and lakes.
The term `security interest' is defined to include mortgages or
charges over land with respect to a water licence, water access
right or delivery right that secures the payment of a debt or
other obligation under a contract or legally enforceable
arrangement.
The term `water access right' is defined to mean a water access
right referred to in section 203D.
The term `water delivery right' is defined to mean a water
delivery right referred to in section 203R.
The term `water district' is amended to replace irrigation district
and water supply district with rural water supply district.
The term `water entity' is amended to remove reference to a
water management plan being administered by a water entity
and to clarify that a water entity can be a company within the
meaning of the Irrigation Company Act 2011.
The term `water supply period' is defined as the period during
which a licensed water entity supplies water.
The term `works' is amended to remove the reference to a
water entity responsible for a water management plan and to
clarify that works can include buildings used for the purpose of
a water district.
A new paragraph is inserted into subsection (2) that defines
`conveyance' for Part 6A as meaning the delivery of water
within, and the taking of water from the beds and banks of a
watercourse.
Clause 5 Section 10 amended (Delegation)
This clause amends subsection (3) by inserting the phrase
`licensed' before `water entity'.
Section 10(5)(b) is amended to provide consistency with other
amendments.
The non-delegable powers under section 10(5)(c) have been
rescinded as that provision is no longer required.
2
Clause 6 Section 14 amended (Scope of water management plans)
References in section 14 to water supply channel and water
entity are removed as these are no longer relevant.
Clause 7 Sections 37 and 38 repealed
Sections 37 and 38 are repealed thus removing the power for a
water entity to administer a water management plan
Clause 8 Section 39 amended (Withdrawal of representation)
Subsection (2) is omitted as it is no longer relevant given the
repeal of other provisions in Part 4 relating to the administration
of a water management plan by a water entity.
Clause 9 Sections 40, 41, 42, 43, 44 and 45 repealed
Sections 40, 41, 42, 43, 44 and 45 relating to the administration
of a water management plan by a water entity are no longer
required and therefore repealed.
Clause 10 Section 46 amended (Powers of Minister)
Paragraph (d) is omitted for consistency with other
amendments in Part 4.
Clause 11 Section 47 repealed
Section 47 is repealed as it relates to a water management plan
being administered by a water entity and this provision is no
longer required.
Clause 12 Section 53 amended (Exceptions to general rights)
Section 53 is amended by inserting reference to an exemption
under Part 6A and an authorisation to take water under Part 9A.
Clause 13 Section 54 amended (Licences)
A new paragraph (da) is inserted into subsection (2) clarifying
that a licence is not required if taking water in accordance with
an authorisation under section 123A or an exemption from such
an authorisation under Part 6A.
Paragraph (f) in subsection (2) is amended to refer to an
authorisation to take water under Part 9A.
Clause 14 Section 61 amended (Notification of security interest)
Subsections (1), (2), (4), (5), (6) and (8) are amended to
substitute the term `financial interest' with `security interest'.
Clause 15 Section 69 amended (Variation of licences)
Subsection (2)(h) is amended to correct the reference in Part 9
from section 192 to section 191.
Subsection (3) is amended to substitute the term `financial
interest' with `security interest'.
3
Clause 16 Section 77 amended (Surrender of licences)
Subsection (2) is amended to substitute the term `financial
interest' with `security interest'.
Clause 17 Section 87 amended (Re-allocation of water)
Subsection (2)(c) is amended to substitute the term `financial
interest' with `security interest'.
Clause 18 Section 88 amended (Reduction of water allocations)
Subsection (1) is amended to substitute the term `financial
interest' with `security interest'.
Clause 19 Section 100 amended (Withdrawal of application)
Section 100 is amened to correct a drafting error.
Clause 20 Section 104 amended (Consent of parties with security
interest)
Subsection (1) is amended to substitute the term `financial
interest' with `security interest'.
Clause 21 Section 106 amended (Cancellation, &c, of licence on
conviction for offence)
Subsections (5) to (7) are amended to substitute the term
`financial interest' with `security interest'.
Clause 22 Section 123A substituted (Watercourse authority)
Section 123A is substituted in order to clarify the requirements
for conveying water via a watercourse. Under subsection (1),
water may only be conveyed via a watercourse by a person
holding a watercourse authority and that water is conveyed in
accordance with that authorisation.
Subsection (2) specifies that a watercourse authorisation is not
required when:
a water management plan specifies that a watercourse
authorisation is not required; or
water is conveyed in a rural water supply system in a rural
water supply district and prior approval has been obtained
from a licensed water entity; or
an administration licence for a rural water supply district
specifies that a watercourse authority is not required.
Clause 23 Section 123C amended (Determination of application)
Subsection (1) is amended to allow for the Minister to approve
an application as if it were an application of a more limited kind
than made, if the applicant agrees.
A new paragraph (c) is inserted into subsection (3) to provide
for the notification of rights of review or appeal in relation to any
refusal made under this section.
4
Clause 24 Section 123D amended (Issue of watercourse authority)
Paragraph (c) in subsection (3) is amended to insert the term
`conveyed'.
Clause 25 Section 123E amended (Nature of watercourse authority)
Paragraph (a) in subsection (1) is amended to omit both the
terms `stored' and `special Act'.
A new paragraph (ab) is inserted into subsection (1) to clarify
that a watercourse authorisation authorises the taking of
conveyed water downstream.
Clause 26 Section 123EA inserted (Variation of watercourse authority)
Section 123EA is inserted to provide for variations to be made
to a watercourse authority. Subsection (2) sets out how a
watercourse authority may be varied (with the written consent of
the holder of the authorisation, or on application by the holder
of the authorisation or at times when the conditions of the
authorisation specify that a variation can be made).
Subsections (3) to (6) outline the process for considering an
application by a holder of a watercourse authority to vary an
authorisation.
Subsection (7) sets out when a variation takes effect. Under
subsection (8) a fresh form of a watercourse authority may be
issued to reflect a variation.
Clause 27 Section 123F amended (Cancellation or suspension of
watercourse authority)
A new paragraph (c) is inserted into subsection (3) to provide
for the notification of rights of review or appeal in relation to any
cancellation or suspension made under this section.
Clause 28 Section 123G substituted (Exemptions)
Section 123G is substituted in order to more clearly outline the
nature of any exemption from the requirement to hold a
watercourse authority. Subsection (1) enables the Minister to
declare by order that all or part of a water entity's operations
are exempt from the requirement to hold a watercourse
authority. Such an order is a statutory rule (refer subsection
(2)).
Subsection (3) clarifies that an exemption under subsection (1)
may apply to part or all of a rural water supply district or a
watercourse or part of a watercourse.
Subsection (4) states that an exemption will be subject to any
conditions that the Minister thinks fit.
5
Clause 28 Subsection (5) specifies that the Minister may determine that an
(continued) exemption does not apply where one water district overlaps
with another and there is a potential to adversely impact on the
operation of the other entity.
Clause 29 Part 9 (substituted)
This Clause inserts two new Parts into the Act:
Part 9 Water Districts;
Part 9A Supply and Delivery of Water in Rural Water
Supply Districts.
PART 9 WATER DISTRICTS
Sections 166 to 203 are inserted to legislate in respect of the
establishment and administration of water districts.
DIVISION 1 INTERPRETATION
Division 1 provides definitions specific to the interpretation of
Part 9.
Section 166 Interpretation of Part
The term `undertake works' is defined in subsection (1) and
includes works for the construction, erection, enlargement,
modification, repair and removal of any works to which this Part
applies.
Subsection (2) clarifies that for the purposes of Part 9, the
powers given to a licensed water entity to enter land and
undertake works includes work by an officer, servant, workman
or an agent and also that wheeled or tracked vehicles may be
used. It also provides that the power to administer a rural water
supply district includes the power to do so via a third party.
DIVISION 2 WATER DISTRICTS
Section 167 Water districts
Section 167 describes the types of water district that the
Minister may declare and how the boundaries are defined. The
following districts can be declared: rural water supply district;
riverworks district; hydro-electric district; and drainage district.
Section 168 Requirement for licence to administer a water
district
Section 168 legislates that a water entity must not undertake
the administrative control of, or take responsibility for a water
district unless it holds an administration licence which is issued
under Part 9. This includes a penalty for non-compliance.
6
Clause 29 Section 169 Purpose of rural water supply district
(continued) Subsection (1) defines the purpose for establishing a rural
water supply district.
Subsection (2) outlines the activities a licensed water entity
administering such a district may undertake.
Subsection (3) clarifies that a rural water supply district may
also be referred to as an irrigation district.
Section 170 Purpose of riverworks district
Subsection (1) defines the purpose for establishing a riverworks
district.
Subsection (2) outlines the activities a licensed water entity
administering such a district may undertake.
Subsection (3) specifies that a riverworks district must not
include land associated with forestry, unless the agreement
from the Minister administering the Forestry Act 1920 is
obtained.
Section 171 Purpose of hydro-electric district
Subsection (1) defines the purpose for establishing a hydro-
electric district.
Subsection (2) outlines the activities a licensed water entity
administering such a district may undertake.
Section 172 Purpose of drainage district
Subsection (1) defines the purpose for establishing a drainage
district.
Subsection (2) outlines the activities a licensed water entity
administering such a district may undertake.
DIVISION 3 APPLICATION TO ESTABLISH WATER
DISTRICT
Section 173 Application to establish water district
Section 173 outlines the requirements for an application to
establish a water district. Subsections (1) and (2) specify who
may make an application to establish a water district.
Subsection (3) specifies the mandatory requirements to be
included in an application.
Section 174 Withdrawal of application
Section 174 provides the power for an applicant to withdraw an
application.
7
Clause 29 Section 175 Notice of application to establish water district
(continued) Subsection (1) details the requirements for the Minister to give
public notice of an application to establish a water district in the
Gazette and a local newspaper.
Subsection (2) outlines the matters covered by a notice
including the full details of the proposed water district and an
invitation to make written representations in relation to the
proposal for a period of at least 28 days.
Subsections (3) to (6) detail who else the Minister must consult
with regarding an application.
Section 176 Consideration of application
Section 176 specifies that before the Minister makes a decision
in relation to an application, due regard must be given to any
representations that have been made as a result of a notice
under section 175.
Section 177 Determination of application
Subsection (1) states that the Minister may approve or refuse
an application to establish a water district.
Subsection (2) allows the Minister to amend a proposal in an
application before approving it. In accordance with subsection
(3), if such an amendment is substantial the Minister must notify
the applicant.
Subsection (4) provides for an applicant to further amend or
remake or withdraw an application.
Subsection (5) states that a further amended or remade
application is to be treated as a new application under
section 173.
Subsection (6) sets out the grounds on which the Minister must
be satisfied before and application is approved or refused.
In accordance with subsection (7), approval by the Minister may
be subject to conditions. Subsection (8) outlines the types of
conditions that may be imposed.
Section 178 Notification of decision
Under subsection (1) the Minister must, within 7 days of making
a decision to approve or refuse an application to establish a
water district, notify the applicant of the decision and any
appeal rights under Part 14.
Where an application has been approved, subsection (2)
requires the Minister to notify any person who made a
representation of the approval and any rights of review.
8
Clause 29 Section 179 Declaration of water district
(continued) Subsection (1) provides that a water district is declared by
publishing a notice in the Gazette. Such a notice is not a
statutory rule (subsection (2)).
Subsection (3) also requires notification to be provided in a
local newspaper.
DIVISION 4 LICENCE TO ADMINISTER WATER DISTRICT
Section 180 Issue of licence to administer water district
Subsection (1) specifies that once a water district is declared,
the Minister has 7 days to issue a water entity responsible for a
district with an administration licence.
Subsections (2) to (4) outline the format and conditions
associated with an administration licence.
Subsection (5) provides a penalty for contravening the
conditions of an administration licence. The head of power for
charging an annual administration licence fee is provided for in
subsection (6).
Section 181 Variation of administration licence
Subsection (1) provides the head of power to vary an
administration licence.
Subsection (2) details the circumstances under which an
administration licence may be varied.
Specific provisions regarding the variation of an administration
licence for an electricity entity have been included to reflect
arrangements that are currently in place (refer subsection (3).
Subsections (4), (5), (6) and (8) set out the process for the
consideration of an application from a licensee to vary an
administration licence.
Subsection (6) provides that the Minister may, if of the opinion
that a variation applied for would result in significant changes to
the administration of a water district, require the application to
be treated as if it were a new application to establish a water
district under section 173.
Subsection (9) states that the variation of an administration
licence takes effect when the licensee is given notice of it or
such later date as specified in a notice.
In accordance with subsection (10), the Minister may issue a
fresh form of the licence to reflect variations made under this
section.
9
Clause 29 Subsection (11) clarifies that if an application for a variation is
(continued) treated as a new application in accordance with subsection (6),
and is granted, the old district is revoked.
Section 182 Cancellation of administration licence
Section 182 provides the legislative means by which an
administration licence can be cancelled, namely on the
revocation of a water district under section 190.
DIVISION 5 ADMINISTRATION OF WATER DISTRICTS
Section 183 Alteration of boundaries
Subsection (1) states that the Minister may alter the boundaries
of a water district by notice in the Gazette at the request of a
licensed water entity.
Subsection (2) states that such a notice is not a statutory rule.
Subsection (3) requires any application, that would result in an
increase in the area of land covered by a district of more than
10%, to be treated as a new application to establish a water
district under section 173.
Subsection (4) requires an alteration to be consistent with any
relevant water management plan.
Subsection (5) stipulates that any extension of a water district
may not include land that lies within another water district
without first obtaining the agreement of the entity administering
the other district. Paragraph (a) states that such an agreement
must not be unreasonably withheld. In accordance with
paragraph (b), such an agreement may be subject to
reasonable conditions that the other water entity may impose.
Subsection (6) provides for the Minister to include any
conditions relating to the boundary alteration in the Gazette
notice.
Subsection (7) states an administration licence is to be
amended to take into account any boundary alterations and
relevant licence conditions.
Subsection (8) clarifies that once an application is approved in
accordance with subsection (3), the old district is revoked.
Section 184 Substitution of water entities
Subsection (1) provides for the substitution of water entities
through a joint application.
Subsection (2) clarifies that an entity under subsection (1) may
include persons proposing to create a water entity.
10
Clause 29 Subsection (3) provides for the approval by the Minister of a
(continued) request to substitute water entities. Such an approval may be
made with or without conditions (subsection (4)) and conditions
may include matters outlined in subsection (5).
Subsection (6) provides that the Minister may, if of the opinion
that a proposed substitution of water entities would result in
significant changes to the administration of a district, require
that a request be treated as if it were a new application to
establish a water district under section 173.
Subsection (7) clarifies that on substitution of water entities,
by-laws made by the former entity will continue in force until
rescinded or amended. The Minister may, in accordance with
subsection (8), direct by a Gazette notice that by-laws cease to
have effect or continue subject to amendments specified in a
notice.
Subsection (9) states that such a notice is not a statutory rule.
Subsection (10) clarifies that if an application for substitution is
treated as a new application under section 173 (in accordance
with subsection 6), and is granted, the old district is revoked.
Subsection (11) stipulates that a hydro-electric district must only
be administered by an electricity entity.
Section 185 Transfer of administration licence on the
substitution of water entities
Subsection (1) requires that an administration licence is
transferred on the substitution of water entities under
section 184.
Subsection (2) provides that the Minister may amend an
administration licence to take account of conditions specified
under section 184(4).
Section 186 Annual reports to Minister
Subsection (1) requires a licensed water entity to provide
annual reports to the Minister. Subsection (2) outlines what is
to be contained in an annual report.
The Minister, in accordance with subsection (3), may accept an
annual report prepared under any other Act.
Where a licensed water entity has not provided an annual
report the Minister can formally direct it to do so under
subsection (4), and if that direction is not complied with, a fine
can be applied in accordance with subsection (5).
11
Clause 29 Section 187 Powers of Minister
(continued) Section 187 specifies the powers of the Minister in ensuring the
due administration of a water district, which include:
undertaking surveys and inspections;
taking measurements and samples of water and other
materials which may affect water quality;
undertaking environmental, water quality and other
monitoring in any water resource in a district;
entering land;
requiring a licensed water entity to provide the Minister with
information relating to the administration of a district;
directing a licensed water entity to ensure administration of
a district is consistent with the Act's objectives.
Section 188 Revocation of approval to administer water district
Section 188 details the process for revoking the approval of a
licensed water entity to administer a water district.
Under subsection (1), the Minister may serve a notice on an
entity giving it 60 days to show why the approval to administer a
district should not be revoked. Paragraphs (a) to (d) in
subsection (1) outline the circumstances under which the
Minister may take such action.
Subsection (2) requires the Minister to consider submissions
from a licensed water entity relating to why the Minister should
not take action to revoke approval to administer a water district.
Subsection (3) provides for the Minister to take action against a
licensed water entity by giving written notice. Paragraphs (a) to
(c) set out the action that can be taken.
Under subsection (4) the Minister may, by Gazette notice,
revoke a district and transfer the district's administration licence
(in accordance with section 189). Such a revocation takes
effect when notice is given or at a later date specified in the
notice (see subsection (5)).
Subsection (6) provides for a letter of censure to a licensed
water entity which may include a direction to rectify, within a
specified time, any matter to which the censure letter relates. If
that direction is not complied with, subsection (7) provides the
head of power for the Minister to revoke approval to administer
a water district.
In accordance with subsection (8), a notice under this section is
not a statutory rule.
12
Clause 29 Section 189 Effect of revocation of approval
(continued) Section 189 details the effect of revoking the approval for a
water entity to administer a district, and sets out what may be
provided for in a notice of revocation (see subsection (1)).
Subsections (2) and (3) provide for the transfer of an
administration licence upon revocation of approval, and
revocation of the declaration of a district in accordance with
section 190 and consequential cancellation of an administration
licence.
Section 190 Revocation of declaration of district
Subsection (1) provides for the revocation of a water district on
application by a licensed water entity, or where the Minister
thinks it appropriate. Revocation of a district is undertaken by a
Gazette notice.
Subsection (2) states that a notice is not a statutory rule.
Subsection (3) provides that where a licensed water entity is an
electricity entity, revocation of a water district may only be done
with the consent of the electricity entity, or on the payment of
compensation as provided for by subsection (4).
Subsection (5) requires that before revoking a district, the
Minister must consult with persons with an authorisation to take
water under Part 9A. Subsection (6) requires the Minister to
take reasonable and practicable steps to ensure that people
with a water access right or other authorisation to take water
under Part 9A have an on-going entitlement to take water
commensurate with that right or authorisation.
Subsection (7) outlines matters the Minister may make
directions relating to (for example the sale or disposal of assets
and on-going maintenance of works).
Subsection (8) states that an administration licence is cancelled
when a district is revoked.
Subsection (9) provides for the recovery of expenses relating to
the revocation of a water district from a water entity.
Section 191 Power to convert water allocations in rural water
supply district
Subsection (1) provides that once a rural water supply district
has been declared, the Minister may determine, by Gazette
notice, that water allocations under Part 6 either:
cease to have effect and are transferred to a licensed water
entity, and replaced with a water access right; or
continue to operate subject to any conditions specified by
the Minister.
13
Clause 29 Subsection (2) states that a notice is not a statutory rule. In
(continued) accordance with subsection (3), a notice can be made subject
to any conditions that the Minister thinks fit to further the
objectives of the Act.
Under subsection (4), the Minister is required to seek
representations from affected persons prior to making a
declaration under subsection (1). Subsection (5) requires the
Minister to have regard to any representations made.
Subsection (6) outlines the circumstances under which
registered security interests on a water allocation are to attach
to a water access right.
Subsection (7) states that the volume of water endorsed on a
water access right is to be not less than the volume transferred
to a licensed water entity.
Subsection (8) states that a declaration to covert rights cannot
be made if it would be inconsistent with any relevant water
management plan.
DIVISION 6 POWERS OF LICENSED WATER ENTITIES IN
DISTRICTS
Section 192 Power to acquire land
Subsection (1) provides a licensed water entity with the power
to acquire land.
Subsection (2) provides for the disposal of land by a licensed
water entity.
Subsection (3) clarifies that this section does not derogate from
the application of any other Act relating to the acquisition, sale
or disposal of land by a licensed water entity.
Section 193 Powers to enter private land and undertake works
Subsection (1) defines the meaning of the term `land' in relation
to different types of districts.
Subsection (2) sets out the powers a licensed water entity has
to enter any private land and undertake works on giving notice.
In accordance with subsection (3), written notice can be given
to the owner or occupier of the relevant land.
Subsection (4) requires that any notice given by a licensed
water entity must state what the entity intends to do on the land
and how long it will take.
14
Clause 29 Subsection (5) legislates that in the case of unoccupied land,
(continued) notice is to be given to the person shown on the valuation list or
assessment roll of the relevant council.
Subsection (6) sets out the penalty for hindering or obstructing
a licensed water entity from entering land and undertaking
works.
Subsection (7) provides for the waiving of the need for a notice
to enter land to undertake works urgently.
Subsection (8) sets out the penalty for a licensed water entity
not giving notice in accordance with this section.
Section 194 Powers to enter public land and undertake works
Subsection (1) defines the term `public land' in relation to
different types of districts.
Subsection (2) sets out the powers a licensed water entity has
to enter any public land and undertake works on giving notice.
Subsection (3)(a) states that unless otherwise agreed between
a licensed water entity and a responsible authority, or in the
case of an emergency, written notice regarding the undertaking
of any works must be given to the responsible authority. In
accordance with subsection (3)(b), a licensed water entity must
obtain the responsible authority's agreement as to how the work
is to be carried out.
Subsection (4) requires that any agreement under subsection
(3) may include conditions that the responsible authority
considers appropriate in the public interest.
Subsection (5) and (6) stipulate that the regulations may
provide for the type of work for which prior notice or an
agreement under subsection (3) are not required.
Subsection (7) legislates that in an emergency, a licensed water
entity may carry out work specified in subsection (2) at any
time.
Subsections (8), (9) and (10) provide clarity around how to deal
with any damage that a licensed water entity may cause in
exercising its powers under this section.
Subsection (11) states that this section does not derogate from
the obligation to comply with any other Act.
Subsections (12) and (13) set out the penalties for
non-compliance with this section.
15
Clause 29 Section 195 Appeal against notice
(continued) Subsection (1) provides a licensed water entity with the ability
to appeal to the Appeal Tribunal against any conditions or
disputes relating to a notice given under section 194(3).
Subsection (2) states that subsection (1) does not apply if the
responsible authority is a Minister, or person or body to whom
directions may be given by a Minister, in respect of a matter in
dispute.
Subsection (3) requires that an appeal is heard and determined
in accordance with the Resource Management and Planning
Appeal Tribunal Act 1993. In accordance with subsection (4),
the only parties to the appeal are a licensed water entity and a
responsible authority.
Section 196 Application of Part 9A in respect of rural water
supply districts
Section 196 states that in addition to the powers conferred by
Division 6 of Part 9, Part 9A details a range of other powers in
respect of the operation and management of a rural water
supply district.
Section 197 Compensation
Subsection (1) provides for the payment of compensation by a
licensed water entity in the event of any damage caused in the
course of administering a water district.
Subsection (2) limits the timeframe during which a person must
make a claim for compensation. This applies if a licensed water
entity serves a notice on a person requiring them to make a
claim for compensation.
Subsection (3) provides for resolution over the amounts of
compensation.
Section 198 Offences in connection with water districts
Section 198 details the offences in connection with a water
district.
Section 199 Further offences in rural water supply districts
Section 199 prescribes additional offences that apply in rural
water supply districts. Subsection (1) prescribes the penalty for
taking water without a water access right or authorisation under
section 203C.
Where water is taken in a rural water supply district in
accordance with the matters outlined in subsection (2), then the
offence provision in subsection (1) does not apply.
16
Clause 29 Subsection (3) prescribes a penalty for taking water in excess
(continued) of a relevant water access right and contravening any relevant
terms and conditions or by-laws.
Section 200 Compensation payable to water entity
Subsections (1) and (2) provide for compensation to be paid to
a water entity.
DIVISION 7 RATES FOR RIVERWORKS AND DRAINAGE
DISTRICTS
Section 201 Power to levy rates
Subsection (1) provides a licensed water entity the power to
determine and levy rates in riverworks and drainage districts.
Under subsection (2), different rates may be levied in different
parts of a district.
Section 202 Rates on Crown land
Section 202 provides the power for the Treasurer to pay for
rates on unoccupied crown land within riverworks and drainage
districts, from the Consolidated Fund.
Section 203 Procedure for rating
Subsection (1) provides for the procedure by which rates are to
be levied on owners of properties in a water district.
Subsection (2) provides for rates in a water district to be levied
annually.
Subsection (3) provides that rates levied in a water district are
not subject to remission under the Local Government (Rates
and Charges Remissions) Act 1991.
Subsection (4) provides for the remittance of any rates with the
Minister's approval.
PART 9A SUPPLY AND DELIVERY OF WATER IN RURAL
WATER SUPPLY DISTRICTS
Sections 203A to 203ZZD are inserted to legislate in respect of
the supply and delivery of water in a rural water supply district.
DIVISION 1 INTERPRETATION
Section 203A Interpretation
This section defines the specific meaning of the terms `licensed
water entity' and `register' in relation to Part 9A.
17
Clause 29 The term `licensed water entity' is defined as a licensed water
(continued) entity with the primary purpose of supplying water in a rural
water supply district in accordance with an administration
licence.
The term `register' means a register of water access rights or
water delivery rights kept by a licensed water entity.
DIVISION 2 SUPPLY OF WATER
Section 203B Supply of water within rural water supply districts
Subsection (1) outlines how water may be supplied in a rural
water supply district, under either or both the system of water
access rights or under the system of general availability.
Subsection (2) describes the rights under subsection (1)(a) as
either a water access right or irrigation right.
Section 203C General availability
Subsection (1) enables a licensed water entity to authorise any
person to take water that the entity makes available. Water can
be made available either by agreement with the person or in
accordance with by-laws made under this Act.
Subsection (2) states that an authorisation under subsection (1)
is subject to any terms, conditions and by-laws that the licensed
water entity thinks fit.
Under subsection (3), the authorisation may be granted free of
charge or for a fee.
Subsection (4) clarifies that an authorisation under this section
is not a water access right.
Section 203D Water access rights
Subsection (1) provides for the granting of water access rights
by a licensed water entity.
Under subsection (2), the grant of a water access right is
subject to any terms and conditions and by-laws that the
licensed water entity thinks fit.
Subsection (3) provides that a water access right may be
granted free of charge or for a fee.
Under subsection (4) a licensed water entity may refuse to
grant a water access right if there is insufficient water available
for supply.
18
Clause 29 Section 203E Authority to take water from water resource within
(continued) rural water supply system
Section 203E describes the authority of a water access,
authorising the holder of the right to take supplied water from a
water resource within a rural water supply system, in
accordance with that right and subject to:
the requirements of any relevant water management plan or
other plans determined by the licensed water entity; and
any conditions specified in the right; and
any requirement to hold a water delivery right under section
203Q.
Section 203F Details of a water access right
Section 203F outlines the matters that are to be, or may be
detailed on a water access right. This includes specifying:
the name and address of the right holder;
the water resource or rural water supply system from which
water is to be supplied or taken;
the location to which water is to be supplied or from which it
is to be taken;
the surety with which water can be expected to be available
for supply and taking;
conditions under which the right holder may take water;
conditions under which water is to be supplied; and
when the licensed water entity may vary the conditions of a
right.
Section 203G Duration of water access rights
This section specifies that unless revoked earlier, a water
access right remains in force for such period as the licensed
water entity determines and specifies in the right.
Section 203H Water access rights are personal property
Section 203H states that a water access right is the personal
property of the owner or holder of the right and is alienable in
accordance with provisions in Part 9A relating to transfers and
surrender of rights and any other laws in relation to the passing
of property.
Section 203I Notification of security interest
Subsection (1) provides for the holder of a water access right or
a person with a security interest in that right to notify a licensed
water entity of a security interest in that water access right.
Subsection (2) clarifies that a person is not taken to have a
security interest by virtue of the fact that they are a shareholder
or member of a body corporate that holds a water access right.
Subsection (3) provides that the licensed water entity on
notification under subsection (1) must record that interest in the
19
Clause 29 register.
(continued)
Under subsection (4), where a notification is made by a person
with a security interest in the right, a licensed water entity is not
required to make a notation on the register until information is
provided to verify that interest.
Subsection (5) details the actions that a licensed water entity
must undertake where a person who makes a notification under
subsection (3) wishes to remove or amend that notation.
Section 203J Water access rights register
Subsection (1) specifies the requirement for a licensed water
entity to keep a register of all water access rights.
Under subsection (2), the Minister can direct by notice what
information is to be contained in a water access rights register.
Subsection (3) provides for the Minister, by notice, to require a
licensed water entity to provide a copy of the register to either
the Minister or another person. A penalty for non-compliance is
provided in subsection (4).
Subsection (5) states that a licensed water entity may make
publicly available any information contained in the register it
thinks fit.
Section 203K Transfer of water access rights
Subsection (1) provides the power for the holder of a water
access right to transfer all or part of a water access right with
the approval of a licensed water entity and on payment of a fee
(if any). Subsection (1) also states that a transfer may be made
by a person with a security interest who is entitled to transfer a
right in accordance with section 203O(5).
Transfers may be on a temporary or permanent basis (refer
subsection (2)).
Subsection (3) requires that prior to approving a transfer, a
licensed water entity may issue a `statement of obligations' to
both the transferor and transferee that outlines the terms,
conditions, charges, and constraints or limitations relating to the
supply or delivery of water to a nominated location.
Subsection (4) clarifies that where a licensed water entity
approves a transfer its obligation to supply water is subject to
section 203ZC and any terms and conditions relating to the
supply and delivery of water to a nominated location.
In accordance with subsection (5), a water access right that has
been transferred for a limited period reverts to the transferor at
20
Clause 29 the end of the period.
(continued)
Subsection (6) provides that a licensed water entity must not
approve a transfer unless consent has been obtained by any
person with a security interest in the right. However, as
specified in subsection (7), this does not apply when the
transfer is for less than 12 months or the transferor and
transferee are the same person.
Section 203L Variation of water access right
Section 203L enables a licensed water entity to vary a water
access right under the circumstances outlined in subsection (2).
Subsection (3) requires the written consent of a security interest
holder for any variation made in accordance with subsections
(2)(a) and (b).
Section 203M Surrender of water access right
Subsection (1) provides for a right holder to surrender all or part
of a water access right.
Subsection (2) provides that a surrender will not be effective
unless all outstanding fees have been assessed by the licensed
water entity as having been paid and the written consent of any
person with a security interest in the water access right has
been obtained.
Section 203N Cancellation of water access right for non-
payment of fees and charges
Subsection (1) provides for the cancellation of a water access
right when fees or other charges are more than 120 days
overdue.
Subsection (2) requires notification to be given to any security
interest holders of the proposed cancellation.
Subsection (3) clarifies that either the right holder or a security
interest holder may pay the debt to avoid cancellation.
Subsection (4) specifies how a notice under this section may be
given.
Section 203O Order for cancellation of water access right
Subsection (1) provides for a licensed water entity to apply to a
magistrate for an order to cancel a water access right and any
associated water delivery right when a right holder is convicted
of an offence under Part 9 that has caused significant adverse
impacts on other persons or the environment.
21
Clause 29 Subsection (2) specifies that only a licensed water entity and a
(continued) right holder may be party to any proceedings.
A magistrate may grant or dismiss an application
(subsection 3). Subsection (4) sets out the conditions under
which a magistrate may grant an application and order the
cancellation of a water access right and any associated water
delivery right.
In accordance with subsection (5), a security interest holder
may apply to the licensed water entity for approval to transfer
the water access right under section 203K (or any associated
water delivery right under section 203X).
Subsection (6) specifies how a notice under this section may be
given.
DIVISION 3 DELIVERY OF WATER
Section 203P Delivery of water within rural water supply
districts
This section specifies that a licensed water entity may deliver
water to holders of water access rights using a system of water
delivery rights.
Section 203Q Requirements for supply and delivery of water
Section 203Q clarifies that where a system of water delivery
rights is in operation, both a water access right and a water
delivery right are required for the supply and delivery of water.
Section 203R Water delivery rights
Subsection (1) specifies that a licensed water entity may grant
the holder of a water access right a right to the delivery of a
certain quantity of water to a nominated location.
Under subsection (2), the grant of a water delivery right is
subject to any terms and conditions and by-laws that the
licensed water entity thinks fit.
Subsection (3) provides that a water delivery right may be
granted free of charge or for a fee.
Section 203S Details of a water delivery right
Section 203S outlines the matters that are to be, or may be
detailed on a water delivery right. This includes specifying:
the name and address of the right holder;
the delivery capacity available to the holder of the right for
delivery of water to a specified location;
22
Clause 29 conditions under which water is to be delivered; and
(continued) when the licensed water entity may vary the conditions of a
right.
Section 203T Duration of water delivery rights
This section specifies that unless revoked earlier, a water
delivery right remains in force for such period as the licensed
water entity determines and specifies in the right.
Section 203U Water delivery rights are personal property
Section 203U states that a water delivery right is the personal
property of the holder of the right and is alienable in accordance
with provisions in Part 9A relating to transfers and surrender of
water delivery rights.
Section 203V Notification of security interest
Subsection (1) provides for the holder of a water access right or
a person with a security interest in that right to notify a licensed
water entity of a security interest in that water delivery right.
Subsection (2) clarifies that a person is not taken to have a
security interest by virtue of the fact that they are a shareholder
or member of a body corporate that holds a water delivery right.
Subsection (3) provides that the licensed water entity, on
notification under subsection (1), must record that interest in the
register.
Under subsection (4), where a notification is made by a person
with a security interest in the right, a licensed water entity is not
required to make a notation on the register until information is
provided to verify that interest.
Subsection (5) details the actions that a licensed water entity
must undertake where a person who made a notification under
subsection (3) wishes to remove or amend that notation.
Section 203W Water delivery rights register
Subsection (1) specifies the requirement for a licensed water
entity to keep a register of all water delivery rights.
Under subsection (2), the Minister can direct, by notice, what
information is to be contained in a water delivery rights register.
Subsection (3) provides for the Minister, by notice, to require a
licensed water entity to provide a copy of the register to either
the Minister or another person. A penalty for non-compliance is
provided in subsection (4).
23
Clause 29 Subsection (5) states that a licensed water entity may make
(continued) publicly available any information contained in the register it
thinks fit.
Section 203X Transfer of water delivery rights
Subsection (1) provides the power for the holder of a water
delivery right to transfer all or part of a water delivery right with
the approval of a licensed water entity and on payment of a fee
(if any). Transfers may be on a temporary or permanent basis
(refer subsection (2)).
In accordance with subsection (3), a water delivery right that
has been transferred for a limited period reverts to the
transferor at the end of the period.
Subsection (4) provides that a licensed water entity must not
approve a transfer unless consent has been obtained by any
person with a security interest in the right. However as
specified in subsection (5), this does not apply when the
transfer is for less than 12 months or the transferor and
transferee are the same person.
Section 203Y Variation of water delivery right
Section 203Y enables a licensed water entity to vary a water
delivery right under the circumstances outlined in
subsection (2).
Subsection (3) requires the written consent of a security interest
holder for any variation made in accordance with subsections
(2)(a) and (b).
Section 203Z Surrender of water delivery right
Subsection (1) provides for a right holder to surrender all or part
of a water delivery right.
Subsection (2) provides that a surrender will not be effective
unless all outstanding fees have been assessed by the licensed
water entity as having been paid and the written consent of any
person with a security interest in the water delivery right has
been obtained.
Section 203ZA Cancellation of water delivery right for non-
payment of fees and charges
Subsection (1) provides for the cancellation of a water delivery
right when fees or other charges are more than 120 days
overdue.
Subsection (2) requires notification to be given to any security
interest holders of the proposed cancellation.
24
Clause 29 Subsection (3) clarifies that either the right holder or a security
(continued) interest holder may pay the debt to avoid cancellation.
Subsection (4) specifies how a notice under this section may be
given.
DIVISION 4 RURAL WATER SUPPLY SYSTEMS
Section 203ZB Interpretation of Division
Section 203ZB defines the term `serviced land' as land
identified by individual title or locality that a licensed water entity
agrees to supply and deliver water to.
Section 203ZC Nomination of location for supply and delivery of
water
Subsection (1) provides for a person entitled to the supply of
water under section 203B to nominate a location for which
water is to be supplied and delivered. In accordance with
subsection (2), the nomination may be made at the time a water
access right or other authorisation is granted or from time to
time.
Subsection (3) states that a nominated location may be within a
rural water supply system, or outside with the agreement of the
licensed water entity.
Subsection (4) specifies that where a licensed water entity
agrees to supply water to a location outside a rural water supply
system, the location may be situated on either the boundary of
a piece of land in a district, or on the boundary of the district.
Subsection (5) clarifies that notwithstanding subsection (4)(a), a
licensed water entity may agree to supply water other than to
the boundary of a piece of land.
Subsection (6) clarifies that water supplied outside a rural water
supply system can be conveyed or distributed outside a rural
water supply district.
Subsection (7) clarifies that where a system of water delivery
rights operates, a licensed water entity is required to supply and
deliver water to a nominated location only if a person holds both
a water access right and a water delivery right relevant to the
nominated location, and only to the extent that the delivery right
provides for the delivery of water to the nominated location.
Subsection (8) clarifies the arrangements that apply to the
agreement of a licensed water entity under subsection (3)(b).
25
Clause 29 Section 203ZD Connection to rural water supply systems
(continued) Subsection (1) requires that where a location has been
nominated for the supply and delivery of water in accordance
with section 203ZC, a licensed water entity must undertake
works necessary to allow connection with a rural water supply
system.
Subsection (2) outlines the process to be undertaken by a
licensed water entity when the supply and delivery of water to a
nominated location is not technically feasible.
Subsection (3) states a licensed water entity is responsible
providing and maintaining any works necessary for connection
to a rural water supply system (at its expense).
Subsection (4) provides the head of power for a licensed water
entity to levy construction charges in accordance with section
203ZV.
Section 203ZE Serviced land
For the purposes of section 203ZC(3)(b), subsection (1) states
that a licensed water entity may, by way of by-laws, identify
serviced land within a rural water supply district.
Subsection (2) provides that where serviced land has been
identified in accordance with subsection (1), a licensed water
must agree to any location nominated under section
203ZC(3)(b) that lies within that area and extend a rural water
supply system to service such locations.
Subsection (3) clarifies that any location nominated must be on
the boundary of a piece of land at the point closest to where the
rural water supply system is to be extended.
Subsection (4) clarifies that where a licensed water entity does
not identify serviced land under subsection (1), it must extend a
rural water supply system as necessary to service any locations
nominated and agreed under section 203ZC(3)(b) that lie within
or on the boundary of the rural water supply district.
Section 203ZF Reduction of extent of rural water supply system
Section 203ZF provides that a licensed water entity may only
reduce the extent of a rural water supply system with the
Minister's approval.
Section 203ZG Protection of rural water supply systems
Subsections (1) and (2) protects rural water supply systems
from the actions of persons that have not been approved by a
licensed water entity.
26
Clause 29 Under subsection (3), a licensed water entity can serve a notice
(continued) on an occupier or owner of land to ensure they protect water
supply systems. If the notice is not complied with, the licensed
water entity has the power to enter the land and undertake any
appropriate works as a due debt by the landowner or occupier
in question (subsection (4)).
Subsection (5) provides a penalty for non-compliance with this
section.
Subsection (6) clarifies what a rural water supply system
includes for the purposes of subsections (1) to (3).
Section 203ZH Plans and maps of rural water supply districts
Section 203ZH requires the licensed water entity to maintain
and keep up to date plans and maps of their works within a
rural water supply district.
DIVISION 5 LIMITED OR REDUCED AVAILABILITY OF
WATER
Section 203ZI Power to limit supply or reduce water made
available by licensed water entity
Subsection (1) specifies that a licensed water entity may limit or
suspend the supply or delivery of water or reduce the amount of
water available under a water access right.
Subsection (2) details a range of circumstances when a
limitation, suspension or reduction may be made.
Subsection (3) clarifies that any action taken by a licensed
water entity under subsection (1) may result in reducing the
amount of water available or limiting the supply of water by
different amounts or proportions according to the sureties
attached a water access right or any other factors that the entity
thinks fit.
The arrangements for limiting the amount of water supplied or
reducing the amount of water made available in the
circumstances referred to in subsections (2)(c) and (d) is
outlined in subsection (4).
Subsection (5) provides that licensed water entities will not
incur any civil liability for actions taken under this section.
Subsection (6) provides that fees may be waived or reduced
where the supply of water has been limited or discontinued.
27
Clause 29 Section 203ZJ Notice of limited supply or reduced availability
(continued) Subsections (1) to (3) allow a licensed water entity, by notice, to
limit or prohibit the taking of water from a rural water supply
system, or make announcements regarding the volume of water
available before the start of the water supply period and from
time to time thereafter. A notice may be published in a
newspaper or on the internet, or served personally or by post
on a person, or sent by email, phone, fax or sms.
Subsection (4) specifies when a notice takes effect and its
duration.
Subsection (5) requires a licensed water entity to inform
persons entitled to a supply of water under section 203B of the
primary method by which it intends to publish notices
(newspaper or internet).
Subsection (6) places the onus on a person entitled to the
supply of water under section 203B to ensure they have
informed themselves, prior to taking water, of availability of
water and any limitations or prohibitions on taking water under
Part 9A.
Subsection (7) prescribes the maximum penalty for
contravening a notice under this section.
DIVISION 6 BY-LAWS
Section 203ZK Power to make by-laws
This section specifies that a licensed water entity that does not
have the power to make by-laws under the Local Government
Act 1993, may, under this Division, make by-laws.
Section 203ZL Subject of by-laws
Subsection (1) outlines the matters that may be covered in
by-laws
Subsection (2) clarifies that a by-law may amend or revoke a
previous by-law.
Section 203ZM Application to make by-laws
Subsection (1) requires a licensed water entity to apply to the
Minister for endorsement of by-laws.
Subsection (2) sets out the requirements of an application to
the Minister for endorsement of by-laws.
Section 203ZN Regulatory impact statement
Subsection (1) enables the Minister to require an applicant to
prepare a Regulatory Impact Statement in relation to proposed
28
Clause 29 by-laws.
(continued)
Subsection (2) states that a Regulatory Impact Statement must
be in accordance with the requirements of the Subordinate
Legislation Act 1992.
Section 203ZO Determination of application
Subsection (1) specifies that the Minister must approve or
refuse an application to make by-laws.
Subsection (2) outlines the circumstances under which by-laws
are not to be approved.
Subsection (3) states that if an application to make by-laws is
refused, the Minister is to notify a licensed water entity of the
reasons for refusal and any appeal rights.
Section 203ZP Issue of by-laws
Under subsection (1), the Minister must notify an applicant
within 7 days of approval of an application to make by-laws.
Once notified by the Minister, a licensed water entity may make
by-laws under its common seal and has 21 days to publish a
notice in the Gazette in relation to the making of the by-laws
(subsections (2) and (3)).
Subsection (4) specifies that by-laws take effect in accordance
with section 47 of the Acts Interpretation Act 1931 and are to be
tabled in both Houses of Parliament within 10 days of a Gazette
notice (subsection (5)).
Subsection (6) requires a licensed water entity to make by-laws
publicly available for inspection or purchase, with the purchase
price to be no more than the approximate cost of providing the
document (refer subsection (7)).
Section 203ZQ Title and numbering of by-laws
Section 203ZQ outlines the requirements for the title and
numbering of by-laws.
Section 203ZR Legal effect of by-laws
The parties bound under by-laws are set out in section 203ZR.
Section 203ZS Application of by-laws
Section 203ZS clarifies that by-laws can apply to the whole or
parts of a rural water supply district. Provisions can also be
made to refer to matters or things in general terms.
Section 203ZT Repeal and amendment of by-laws
Subsection (1) specifies that by-laws may be repealed or
amended by another by-law.
29
Clause 29 Subsection (2) provides for the disallowance of by-laws in
(continued) accordance with the requirements of the Acts Interpretation Act
1931.
Section 203ZU Contravention of by-laws
Subsection (1) sets out what action a licensed water entity may
undertake when a person contravenes a by-law.
Subsection (2) details the maximum fines for failing to comply
with a notice.
Subsection (3) clarifies that a notice provided under
subsection (1) must not be inconsistent with by-laws or a
condition of a water access right.
DIVISION 7 CHARGES
Section 203ZV Water supply, administration and construction
charges
Subsection (1) provides the power for a licensed water entity to
levy water supply charges based on a number of factors
outlined in paragraphs (a) to (c).
Subsection (2) clarifies that subsection (1)(b) applies to water
supplied under a water access right or through general
availability, or delivered under a water delivery right.
Subsection (3) details those matters upon which water supply
charges can be declared.
Subsection (4) states that water supply charges must be the
same for similar conditions of supply.
Subsection (5) clarifies that water supply charges may be
imposed by a licensed water entity to provide a service or to
meet its other liabilities, or to provide for maintenance,
construction and other associated costs.
Subsection (6) specifies that administrative charges may be
levied.
Under subsection (7), a period of not less than 30 days is to be
provided for the payment of water supply charges.
Section 203ZW Declaration of water supply charges
Subsection (1) states that any water supply charges are to be
declared before the charge is imposed. In accordance with
subsection (2), a charge is not to be increased within 6 months
of being declared.
30
Clause 29 Section 203ZX Payment of water supply charges
(continued) Subsection (1) details when water supply charges are to be
paid.
Subsection (2) details where water supply charges are to be
paid.
Section 203ZY Liability of charges in relation to water access
rights and water delivery rights
Subsection (1) clarifies that liability for payment of charges for
water supplied through a water access right or water delivery
right lies with a right holder. Under subsection (2), the notice of
the amount payable is to be served on the holder of a right.
Subsection (3) states that this section operates subject to the
provisions of any agreement between a licensed water entity
and a right holder.
Subsection (4) defines charges as water supply charges and
any other amount that a person supplied with water owes to a
licensed water entity.
Section 203ZZ Liability of charges in relation to water supplied
through general availability
Subsection (1) clarifies that liability for payment of charges for
water supplied through general availability lies with a person
supplied with water under section 203C.
Under subsection (2) the notice of the amount payable is to be
served on the person liable for the charges.
Subsection (3) states that this section operates subject to the
provisions of any agreement between a licensed water entity
and a person for the supply or delivery of water.
Subsection (4) defines charges as water supply charges and
any other amount that a person supplied with water owes to a
licensed water entity.
Section 203ZZA Stoppage of supply of water where payment of
charges in arrears
Subsection (1) allows a licensed water entity to, after 24 hours
notice, cut off the supply of water for non-payment of some
water supply charges.
Subsection (2) provides that the expense of cutting off supply
may be recovered in the same manner as water supply charges
are recovered.
31
Clause 29 Section 203ZZB Interest on charges
(continued) Subsection (1) provides the head of power for a licensed water
entity to charge interest on money owing from charges incurred
under section 203ZV.
In accordance with subsection (2), interest may only be charged
from the due date until the debtor pays the money.
Section 203ZZC Remittance of interest and discount charges
Subsection (1) provides for the remittance or discount of any
interest payable by a licensed water entity.
Subsection (2) provides for the discounting of any charges to
encourage early payment.
Section 203ZZD Action for non-payment of interest and charges
This section details the action that may be taken by a licensed
water entity for non-payment of interest and other charges. A
licensed water entity may cease to supply water or recover
costs through court action.
Clause 30 Section 204 substituted (Administration of district or water
management plan)
Section 204 is substituted for consistency with amendments to
Parts 4 and 9.
Clause 31 Section 205 amended (Application to establish trust)
Subsection (1) is omitted and substituted for consistency with
amendments to Parts 4 and 9.
Clause 32 Section 206B inserted (Rules of trust)
Subsection (1) specifies that a trust may have a set of rules
relating to its membership, management and operation.
Subsection (2) details that trust rules must comply with any
prescribed requirements and must not be inconsistent with the
Act.
Subsection (3) states that the rules of a trust are binding on the
trust and its members.
Subsection (4) enables the Minister to approve rules of a trust.
In accordance with subsection (5), the Minister may at the
request of a trust, approve an amendment or substitution to the
rules of a trust.
Clause 33 Section 206A amended (Establishment of trust)
Subsection (3) is omitted from section 206A as it is covered in
the new section 206B.
32
Clause 34 Section 211 amended (Constitution of trust)
Subsection (2) is amended to require all trustees to be elected.
Clause 35 Section 223 amended (Dissolution of trusts)
Subsection (1) is amended for consistency with revocation
provisions in Part 9.
Subsection (3) is amended to clarify that a notice applies to a
proposed dissolution.
Subsection (4) is inserted to require a notice of a trust's
dissolution to include details of any Ministerial direction given in
relation to the sale and disposal of assets, on-going
maintenance works or the distribution of the proceeds from the
sale of assets.
Clause 36 Section 226 repealed
Section 226 is repealed for consistency with amendments to
Part 9.
Clause 37 Section 226A inserted (Interpretation)
The term `licensed water entity' is defined in relation to Part 11
as a water entity that holds an administration licence for a rural
water supply district.
The term `water resource' is defined in relation to Part 11 as
including, in addition to the matters set out in section 3, a
channel supplying water to any person.
Clause 38 Section 227 amended (Power to install meters, &c.)
Subsections (1) and (2)(e) are amended to include reference to
a licensed water entity.
Subsection (4) is amended to include reference to a water
access right or other authorisation to take water from a water
resource under Part 9A.
Clause 39 Section 228 amended (Interference with meters)
Subsections (1) and (2) are amended to include reference to a
licensed water entity.
Clause 40 Section 229 amended (Power to undertake works)
Subsections (1) and (2) are amended to include reference to a
licensed water entity.
Clause 41 Section 231 substituted (Power to charge for meters)
Subsection (1) provides for the Minister or a licensed water
entity to charge a person for the use, maintenance or testing of
a meter.
33
Clause 41 Subsection (2) clarifies that any charges are recoverable as a
(continued) debt to the Crown or the licensed water entity.
Clause 42 Section 237 amended (Appointment of authorised officers)
Subsections (1), (3) and (4) are amended to substitute
references to the Minister with references to the Secretary.
Subsection (1) is amended to substitute references to `council'
with references to `licensed water entity'.
Clause 43 Section 239 amended (Return of identity card)
This section is amended to substitute Minister with Secretary.
Clause 44 Section 240 amended (General powers of authorised
officers)
Paragraph (m) is amended to substitute `waterworks' with
`works'.
Clause 45 Section 244 amended (Entry onto land for taking
measurements)
Subsection (1) is amended to replace the term `responsible
water entity' with `licensed water entity'.
Clause 46 Section 270 amended (Interpretation of Division)
Section 270 is amended as follows.
Paragraphs (a) and (i) are omitted.
Paragraphs (c)(ii), (d)(ii), (e)(ii), (g)(ii) and (j)(ii) are amended to
substitute the term `financial' with the term `security'.
Paragraphs (d) and (e) are amended to substitute `section
80(4)(b)' with `section 80(2)(b)' in order to correct a drafting
error.
Paragraph (l) is amended to omit the reference to section 135.
Paragraph (la) is amended to insert a reference to
section 123C.
Paragraph (lb) is amended to insert a reference to
section 123EA.
Paragraph (lc) is amended to insert a reference to
section 123F.
Paragraph (m) is substituted with a new provision that refers to
a licensed water entity as the interested person in respect of a
refusal under section 181(5)(c).
34
Clause 46 Paragraph (n) is amended to substitute `section 180(1)' and the
(continued) term `relevant' with `section 183' and the term `licensed'
respectively.
Paragraph (o) is substituted with a new provision that refers to
an applicant as the interested person in respect of a refusal
under section 203ZO(1)(b).
Clause 47 Section 271 amended (Reviewable decisions)
Subsection (1) is amended as follows.
Paragraphs (a), (d) and (l) are omitted.
Reference to section 183(1) is omitted from paragraph (b).
Reference to section 135 and 145 are omitted from
paragraph (f) and substituted with a reference to section 147.
Paragraph (h) is substituted with a new provision that refers to a
refusal under section 181(5)(c).
Paragraph (ja) is amended to insert a reference to
section 123C.
Paragraph (jb) is amended to insert a reference to
section 123EA.
Paragraph (jc) is amended to insert a reference to
section 123F.
Paragraph (k) is amended to substitute `section 180(1)' with
`section 183(1)'.
A new paragraph (ka) is inserted to include a refusal under
section 203ZO(1)(b).
Clause 48 Section 274 amended (Interpretation of Division)
Reference to sections 176(2) and 176(5) are omitted from
paragraph (f) and substituted with a reference to
sections 177(1) and 177(7) respectively.
Reference to section 174 is omitted from paragraph (f)(ii) and
substituted with a reference to section 175.
A new paragraph (fa) is inserted to define `interested persons'
for the purposes of an approval under section 192(1).
Clause 49 Section 275 amended (Appealable decisions)
Paragraph (b) is amended to insert a reference to
section 192(1).
35
Clause 49 Paragraph (c) is amended to insert a reference to
(continued) section 181(5)(c).
Paragraph (d) is amended to insert a reference to
section 181(2)(c).
Paragraph (i) is amended to omit the reference to section 135.
Reference to sections 176(2) and 176(5) is omitted from
paragraph (k) and substituted with a reference to
sections 177(1) and 177(7) respectively.
Clause 50 Section 296 substituted (Compensation not payable for
stopping, &c., flow of water)
This section is substituted with new provisions relating to
compensation payable by a licensed water entity.
Subsection (1) states that where the exercise of rights under a
licence or permit stops, reduces or diverts the flow of water, the
Minister is not required to pay compensation to persons
adversely affected.
Similar powers prevail in subsection (2) in relation to rights
under Part 9A where a licensed water entity is not liable to pay
compensation.
Clause 51 Section 300A substituted (Replacement of authorisations)
This section is substituted with new provisions relating to the
replacement of authorisations by a licensed water entity.
Subsection (1) provides the Minister with the power to replace
lost, stolen or damaged licences or other authorisations.
Similar powers prevail in subsection (2) for licensed water
entities.
Clause 52 Section 304 amended (Fees and charges)
Subsection (1)(c) is amended for consistency with amendments
to Part 4 and the term `licensed' is included to clarify that this
section relates to water entities holding an administration
licence.
Clause 53 Section 307B inserted (Savings and transitional provisions
consequent on the Water Legislation Amendment Act 2013)
This clause inserts Schedule 4B that has a range of savings
and transitional provisions consequent on the Water Legislation
Amendment Act 2013.
36
Clause 54 Schedule 3 amended (Membership and Proceedings of
Trusts)
PART 2 PROCEEDINGS
Clause 1 (Interpretation of Part)
Clause 1 is amended to remove the reference to the `special
Act' and to clarify that it applies to rural water supply districts.
Clause 7 (Trustee with pecuniary interest not to vote)
Clause 7(b) is amended to remove the reference to the `special
Act'.
Clause 55 Schedule 4 amended (Savings and transitional provisions)
Clause (14)(1)(a) is amended to substitute the term `financial
interest' with `security interest'.
Clause 56 Schedule 4B inserted (Savings and Transitional Provisions
Consequent on Water Legislation Amendment Act 2013)
A new Schedule 4B is inserted into the Act which includes a
number of savings and transitional provisions consequent on
the amendments to Parts 9 and 9A.
Clause 1 (Interpretation)
Amended Act is defined as the Water Management Act 1999 as
amended by the Water Legislation Amendment Act 2013.
Commencement day is defined as the day on which section 1 of
this Amendment Act commences.
Clause 2 (Saving for applications to establish a water district)
Subclause (1) states that an application for a water district
pending before the Minister before the Water Legislation
Amendment Act 2013 commences is to be considered as if the
Act has not commenced.
Subclause (2) states that Clause 2 expires six months after the
commencement day.
Clause 3 (Saving for water districts and entities)
Subclause (1) specifies that a water district in force before the
commencement day is taken to be a water district under the
amended Act.
Subclause (2) specifies that a responsible water entity that
existed before the commencement day is taken to be a licensed
water entity under the amended Act.
Subclause (3) provides that the administration of a district is
subject to any condition of approval under section 176(5) that
existed before the commencement day.
37
Clause 56 In accordance with subclause (4), the Minister must issue an
(continued) administration licence for each district to the relevant licensed
water entities within 3 months of the commencement day.
Subclause (5) outlines the conditions that are to apply to
administration licences issued under subclause (4).
Subclause (6) outlines the process and timeframe for
determining conditions on an administration licence where no
conditions of approval existed. This applies for rural water
supply, riverworks and drainage districts.
Subclause (7) enables the Minister to extend the timeframes
referred to in subclauses (4) and (6)(b) by written notice to a
relevant entity.
Clause 4 (Defining water district boundaries)
Subclause (1) states that where a licensed water entity that was
in force before the commencement day does not have a Central
Plan Register map it may apply to the Minister to have the
district boundaries formalised.
Subclause (2) requires the Minister to consider all the available
evidence before approving or refusing an application made
under subclause (1).
Subclause (3) requires an approved map to be prepared and
stored in line with the Central Plan Register.
Clause 5 (General savings and transitional provisions)
Subclause (a) clarifies that irrigation and water supply districts
are to be known as rural water supply districts.
Subclause (b) states that any irrigation rights in force under the
Irrigation Clauses Act 1973 immediately before the
commencement day are taken to be, on the same terms and
conditions, water access rights under Part 9A,
Subclause (c) provides that a by-law that was in force under the
repealed Irrigation Clauses Act 1973 is taken to be a by-law
under Part 9A of the Water Management Act 1999.
Subclause (d) states that any notification, permission or
authority in relation to undertaking works in a water district in
effect immediately before the commencement day is taken to
have been made, given or issued under the amended Act.
Subclause (e) provides that any claim for compensation in
relation to a water district lodged before the commencement
day but not determined is to be determined as if the Water
38
Clause 56 Legislation Amendment Act 2013 had not commenced.
(continued)
Subclause (f) provides for any proceedings for an offence
against the Water Management Act 1999 or Irrigation Clauses
Act 1973 in relation to a water district that have been
commenced before the commencement day but not determined
are to be determined as if the Water Legislation Amendment
Act 2013 had not commenced.
Subclause (g) enables any rates or water supply charges levied
in a water district under the Water Management Act 1999,
Irrigation Clauses Act 1973 or Waterworks Clauses Act 1952
before the commencement day are taken to have been levied
under the Water Management Act 1999 as amended by the
Water Legislation Amendment Act 2013.
Subclause (h) provides for any right to a supply of water under
general availability or as a domestic right under the Irrigation
Clauses Act 1973 in effect immediately before the
commencement day is taken to have been granted in
accordance with the amended Act.
Subclause (i) states that any right to the supply of water under
Part III of the Waterworks Clauses Act 1952 in effect
immediately before the commencement day is taken to have
been granted in accordance with the amended Act.
Subclause (j) states that any authorised officer appointed by the
Minister before the commencement day continues as if his or
her appointment were made by the Secretary under the
amended Act.
Clause 6 (Regulations)
Subclause (1) states that the Governor may make regulations
of a savings and transitional nature consequent on the Water
Legislation Amendment Act 2013.
Subclause (2) specifies when a regulation made under
subclause (1) takes effect.
Subclause (3) states that Division 4 of Part 15 applies to
regulations made under subclause (1).
Clause 57 Schedule 5 amended (River Clyde Trust and River Clyde
Irrigation District)
Clause 1 (Interpretation)
The term responsible water entity is replaced with the term
`licensed water entity' for consistency with the rest of the Act.
39
Clause 57 Clause 3 (Powers responsible water entity)
(continued) The reference to the Irrigation Clauses Act 1973 is substituted
with a reference to the Water Management Act 1999.
Subclause 3(1) is amended to substitute the term `responsible'
with the term `licensed'.
PART 3 IRRIGATION COMPANY ACT 2011 AMENDED
Clause 58 Principal Act
The Principal Act referred to in this Part is the Irrigation
Company Act 2011.
Clause 59 Section 28 amended (Acquisition of land)
Subsection (2)(a) is amended for consistency with amendments
to Part 9 of the Water Management Act 1999.
PART 4 LAND USE PLANNING AND APPROVALS ACT 1993 AMENDED
Clause 60 Principal Act
The Principal Act referred to in this Part is the Land Use
Planning and Approvals Act 1993.
Clause 61 Section 60A amended (Permit for certain works not
required)
Subsection (2) is amended to remove the reference to a water
management plan.
Subsection (3) is amended to omit the definition of a water
management plan.
PART 5 LOCAL GOVERNMENT (BUILDING AND MISCELLANEOUS
PROVISIONS) ACT 1993 AMENDED
Clause 62 Principal Act
The Principal Act referred to in this Part is the Local
Government (Building and Miscellaneous Provisions) Act 1993.
Clause 63 Part 8, Division 5 repealed
Division 5 (irrigation undertakings) of Part 8 is repealed.
40
PART 6 WAR SERVICE LAND SETTLEMENT ACT 1950 AMENDED
Clause 64 Principal Act
The Principal Act referred to in this Part is the War Service Land
Settlement Act 1950.
Clause 65 Section 10AA amended (Waterworks)
Subsection (2)(a) is amended to substitute `Waterworks Clauses
Act 1952' with `Water Management Act 1999'.
PART 7 WATER AND SEWERAGE INDUSTRY ACT 2008 AMENDED
Clause 66 Principal Act
The Principal Act referred to in this Part is the Water and
Sewerage Industry Act 2008.
Clause 67 Section 56ZP substituted
Section 56ZP Recreational use of public water supplies
Subsection (1) defines the term `water storage area' as the land
used to store water and any appurtenant land.
Subsection (2) requires a regulated entity to make each water
storage area available for recreational purposes so long as that
use is not inconsistent with the entity's obligations under the
Public Health Act 1997.
Subsection (3) clarifies the circumstances under which a
regulated entity must not permit any recreational use of a water
storage area.
Under subsection (4) a regulated entity is required to publish
certain information on its website relating to the availability of its
water storages for recreational purposes.
Section 56ZPA Power of Minister to require regulated entity to
develop water storage areas for recreational use
Subsection (1) defines the term `water storage area' as the land
used to store water and any appurtenant land.
Subsection (2) outlines the Minister's power to serve an order
on a regulated entity, that has failed to make a water storage
area available for recreational use, requiring the entity to make
the water storage area available.
Subsection (3) states that an order is to include an indemnity on
behalf of the Crown against any liability incurred by the entity as
a result of complying with the order.
41
Clause 67 Subsection (4) requires a regulated entity to make certain
(continued) information publicly available.
Subsection (5) requires a regulated entity to comply with an
order and sets out a penalty for non-compliance.
Section 56ZPB Power of Minister to perform work required
Section 56ZPB provides the Minister with power to perform work
and recover costs as a result of a regulated entity not complying
with an order issued under section 56ZPA.
PART 8 LEGISLATION REPEALED
Clause 68 Legislation repealed
This clause details that legislation to be repealed is specified in
Schedule 1 of the Bill.
PART 9 REPEAL OF ACT
Clause 69 Repeal of Act
This clause allows for the repeal of this Act on the ninetieth day
from the day on which it commences.
SCHEDULE 1 LEGISLATION REPEALED
Lists the Acts repealed by this Bill including the Waterworks Clauses Act 1952 and
the Irrigation Clauses Act 1973.
42