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This is a Bill, not an Act. For current law, see the Acts databases.
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment and Sustainable Development)
Contents
Page
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment and Sustainable Development)
Water Resources Amendment Bill 2013
A Bill for
An Act to amend the
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Water Resources Amendment Act 2013.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the
.
Note This Act also amends the following legislation (see sch 1):
•
•
.
4 Licence to take water—where
water may be taken
New section 32 (2) (c)
insert
(c) if the water is to be used for road works, earthworks or other construction, or landscaping—any water management area.
5 Offences—do bore work without
licence
Section 77B (1) (b), new note
after the penalty, insert
Note Driller’s licence means a licence under s 35.
6 Section 77B (3) (b), new note
after the penalty, insert
Note Bore work licence means a licence under s 39.
7 Offence—do waterway work
without licence
New section 77C (1A) and (1B)
insert
(1A) A person commits an offence if the person—
(a) does waterway work; and
(b) does not have a waterway work licence for the waterway work.
Maximum penalty: 50 penalty units.
(1B) An offence against subsection (1A) is a strict liability offence.
8 Offence—contravening licence
conditions
Section 77F (2)
substitute
(2) The holder of a bore work licence or driller’s licence commits an offence if—
(a) the holder’s licence is subject to a condition requiring the holder to give a bore completion report to the authority; and
(b) the holder contravenes the condition.
Maximum penalty: 25 penalty units.
(3) An offence against this section is a strict liability offence.
(4) In this section:
bore completion report, for a bore, means a report prepared by the person who drilled the bore that sets out the details of the bore.
Examples—details of the bore
1 diameter and length of the bore
2 whether a sleeve or case was fitted inside the edge of the bore
3 the geology and soil types found while drilling the bore
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
in part 9A, insert
77J Offences—water meter tampering
(1) A person commits an offence if the person tampers with a water meter.
Maximum penalty: 50 penalty units.
(2) This section does not apply if the person is—
(a) a person prescribed by regulation who is installing, maintaining, repairing or replacing the water meter; or
(b) acting with the written permission of the authority; or
(c) a holder of a licence to take water complying with a requirement under this part.
(3) In this section:
tamper with a water meter—
(a) means interfere with, damage or destroy the water meter; and
(b) includes—
(i) unsealing any sealed component of the meter; or
(ii) blocking any part of the meter; or
(iii) attaching to the meter any device that is likely to affect the operation of the meter; or
(iv) disconnecting the meter from its power source.
(see s 3)
Part 1.1 Magistrates Court (Water Resources Infringement Notices) Regulation 2007
[1.1] Schedule 1, new items 2A and 2B
insert
2A
|
77C (1A)
|
50
|
1000
|
2B
|
77F (2)
|
25
|
500
|
Part 1.2 Water Resources Regulation 2007
omit
insert
8A Exemption from requirement for water access entitlement—road works, earthworks, construction or landscaping—Act, s 30 (2) (a)
(1) The authority may exempt a person from the requirement mentioned in the Act, section 30 (2) (a) (i) in relation to surface water if the water is to be used for—
(a) road works, earthworks or other construction; or
(b) landscaping.
Examples—landscaping
1 establishing new plants along a street
2 establishing vegetation, including an erosion control blanket to stabilise the terrain, where road works or earthworks have been completed
Note An example is part of the regulation, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see
, s 126 and s 132).
(2) The authority may give the exemption only if satisfied that giving the exemption will result in improved environmental outcomes or other public benefit.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 6 June 2013.
2 Notification
Notified under the
on 2013.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2013
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