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This is a Bill, not an Act. For current law, see the Acts databases.
WATER RESOURCES AMENDMENT BILL 2005
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment)
Water
Resources Amendment Bill 2005
Contents
Page
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment)
Water Resources
Amendment Bill 2005
A Bill for
An Act to amend the
Water Resources Act
1998, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Water Resources Amendment Act 2005.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Water Resources Act 1998.
Note This Act also amends the Administrative Decisions (Judicial
Review) Act 1989 (see s 6).
insert
35A Licences for utilities
(1) A utility that has an allocation and a licence to take water from a
waterway may take water under the allocation from—
(a) the subcatchment stated in the allocation; or
(b) any other subcatchment in the waterway; or
(c) any subcatchment in any other waterway for which the utility holds an
allocation and a licence to take water.
(2) However, a utility may act under subsection (1) (b) and (c) only
if—
(a) the environmental flow required under the guidelines and the licence
is maintained in each waterway from which the water is taken; and
(b) the total volume of water taken by the utility is not greater than the
total volume stated in all allocations held by the utility.
(3) This section applies despite any condition of an allocation or licence
held by the utility.
(4) In this section:
subcatchment means a subcatchment described in the management
plan.
utility means a utility licensed under the Utilities Act
2000 to provide a water service.
5 New
sections 63A and 63B
in part 9, insert
63A Moratorium on granting licences
etc
(1) The Minister may, in writing, declare that 1 or more of the following
provisions are suspended for a period or periods stated in the
declaration:
(a) section 28 (1) to (6) (Allocation of water);
(b) section 35 (1) to (4) (Licence to take water);
(c) section 44 (1) and (2) (Bore construction permit);
(d) section 47 (2) to (6) (Unlicensed recharge);
(e) section 77 (3) (Review of decisions).
Note A power to make a statutory instrument includes power to make
different provision in relation to different matters or different classes of
matters (see Legislation Act, s 48).
(2) A declaration is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(3) A declaration commences, or is taken to have commenced,
on—
(a) the date stated in the declaration; or
(b) if no date is stated—the day after its notification
day.
(4) For subsection (3) (a), the date stated may be the date when the bill
for this Act was first presented to the Legislative Assembly, or any later
date.
63B Declaration cannot be
challenged
(1) The making of a declaration under section 63A does not create a
right.
(2) Accordingly, a decision to make (or not to make) a declaration is
final and conclusive.
(3) To remove any doubt and without limiting subsection (2), the following
do not apply to decisions mentioned in that subsection:
(a) section 77 (Review of decisions);
(b) a territory law relating to the review of decisions that is prescribed
by a regulation.
(4) This section has effect despite any other territory law, whether
passed before or after the commencement of this Act.
(5) To remove any doubt, a right under subsection (1) means any right or
interest, whether public or private.
6 Administrative
Decisions (Judicial Review) Act 1989, schedule 1, new clause
10
insert
10 This Act does not apply to decisions of the Minister under the Water
Resources Act 2005, section 63A (Moratorium on granting licences
etc).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2005.
2 Notification
Notified under the Legislation Act on 2005.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2005
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