Catchment Management Authorities Act 2003 No 104
Current version for 19 October 2012 to date (accessed 19 May 2013 at 15:43)
Part 4

Part 4 Catchment action plans

19   Preparation of draft plans

Each authority is to prepare a draft catchment action plan as soon as practicable after the commencement of this Act and submit it for approval by the Minister under this Part.

20   Contents of draft plans

(1)  A draft catchment action plan of an authority must include the following:
(a)  the results that are expected to be achieved by the implementation of the plan and the time frames for achieving those results,
(b)  for the purposes of annual implementation programs, the priorities for the funding or carrying out of catchment activities in the area of operations of the authority,
(c)  any other matter that the Minister may direct to be included in the plan.
(1A)  A draft plan:
(a)  may also include provisions that relate to water quality or other non-regulatory water management issues, and
(b)  must include any provisions relating to environmental water functions that are required by section 30A.
(2)  In formulating a draft plan, the authority is to have regard to:
(a)  the provisions of any environmental planning instrument under the Environmental Planning and Assessment Act 1979 that applies to land within its area of operations, and
(b)  other existing natural resource management plans (including any such plans in the course of preparation) for its area of operations, and
(c)  the need for the plan to comply with any State-wide natural resource management standards and to promote any such State-wide targets.
Note. Section 23 (2) provides that the Minister is not to approve a draft plan unless it complies with State-wide natural resource management standards, and promotes the achievement of State-wide targets, so far as they relate to the area of operations of the relevant authority.

21   Consultation on draft plan

The authority is to consult widely on a draft catchment action plan, by giving such public notice of the preparation of the plan and undertaking such public exhibition of the plan as is required by the regulations or the Minister.

22   Submission of draft plans for approval

(1)  When its draft catchment action plan has been prepared, the authority is to refer a copy of the draft plan to:
(a)  the Minister, and
(b)  the Natural Resources Commission.
(2)  The Minister is to seek the advice of the Natural Resources Commission in assessing a draft plan. The Minister is to take into account any advice provided by the Commission within the time requested by the Minister.
(3)  The Minister may seek and take into account the advice of any other person or body in assessing a draft plan.
(4)  If a draft plan requires a person or body other than the authority concerned to carry out any activity, the authority is to provide the Minister with evidence that the person or body has agreed to carry out that activity.

23   Approval of plans

(1)  The Minister may:
(a)  approve a draft catchment action plan submitted by an authority, without alteration or with such alteration as the Minister thinks fit, or
(b)  refer the draft plan back to the authority for further consideration.
(2)  The Minister is not to approve a draft catchment action plan unless the Minister is satisfied (having regard to the advice of the Natural Resources Commission) that:
(a)  the plan complies with State-wide natural resource management standards, and
(b)  the plan promotes the achievement of State-wide natural resource management targets,
      so far as they relate to the area of operations of the authority.
(3)  Before making any alterations to the draft plan, the Minister must consult the authority.

24   Publication of plans

(1)  As soon as practicable after a catchment action plan of an authority is approved under this Part:
(a)  the authority is to publish the plan in such manner as in the opinion of the authority will cause it to be readily accessible to persons in its area of operations, and
(b)  the Minister is to arrange for a copy of the plan to be placed on the website of the Department of Infrastructure, Planning and Natural Resources.
(2)  The Minister may make any other arrangements that the Minister considers necessary to ensure that catchment action plans are readily accessible to the public.

25   Amendment, replacement or revocation of plans

(1)  A catchment action plan may be amended or replaced by a subsequent catchment action plan prepared and approved in accordance with this Part.
(2)  A catchment action plan may also be amended by the Minister, but only in the circumstances, in relation to the matters and to the extent the plan provides.
(3)  The Minister may revoke a catchment action plan, wholly or in part.
(4)  The amendment or revocation of a catchment action plan by the Minister under this section takes effect when notice of the amendment or repeal is published by the Minister or on a later date specified in the notice.

26   Periodic review and auditing of plans

(1)  An authority is to keep its catchment action plan under regular and periodic review and, in particular, is to review the plan if the Minister so directs.
(2)  The Minister is to ensure that a catchment action plan is audited, at intervals of not more than 5 years, to ascertain whether its provisions are being given effect to.
(3)  An audit under this section is to be carried out by the Natural Resources Commission or by an independent audit panel appointed by the Minister.
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