Division 5Any person who maliciously cuts, breaks, or destroys, or damages with intent to destroy or render less useful any licensed work, or any work permitted under Division 3B or authorised under Division 4, or any work to which this Part extends, constructed or controlled by the Crown or by the Ministerial Corporation on behalf of the Crown, shall be liable on indictment to imprisonment for a term not exceeding five years.
21A Pollution of rivers and lakes
(1) Any person who discharges or puts, or permits to be discharged, put, or carried, or to fall, or flow into a river or lake:(a) any noisome, noxious, poisonous or unwholesome matter, or(b) any foul water, slop water or household waste water, refuse, rubbish, garbage, solid or liquid sewage, sludge, slime, cinders, ashes, or any solid refuse of any factory, manufacturing process, mine, quarry, trade works or business, or drainage from a privy, cess pit, slaughter house, stable, cowyard or pigsty, or(c) any water or liquid proceeding from any mine (including sluicing and dredging operations), factory, manufacturing process, trade works or business, which water is so charged with chemicals, sludge, slime, silt, soil or other matter as to render the water of the river or lake unfit for human consumption, or domestic purposes, or for watering stock or for the irrigation of land,shall be guilty of an offence and shall be liable on summary conviction to a penalty not exceeding 25 penalty units and, in the case of a continuing offence, to a further penalty not exceeding 1 penalty unit for each day during which the offence continues after notice in writing by the Ministerial Corporation to abate or cease the offence has been given to the person offending.(2) Notwithstanding the provisions of subsection (1) where the Ministerial Corporation has served upon any person a notice requiring that person to abate any act matter or thing mentioned in that subsection and the person has failed to comply with the notice, the Ministerial Corporation by its officers or servants or any person authorised by it in that behalf may enter upon any land or premises and inspect the same and take such measures as it may consider necessary for such abatement and it shall not be necessary for the Ministerial Corporation to obtain an injunction or other order of a court to entitle it to make such entry or to take such measures. The Ministerial Corporation may recover the cost and expense incurred by it in making such entry and taking such measures from the person offending as a debt.(3) Nothing contained in this section shall be construed to impair any power of abating nuisances at common law.
21B Offences with respect to construction, erection and use of work without licence etc
(1) Any person who:(a) constructs, erects or uses a work to which this Part extends otherwise than pursuant to a right conferred on the person by this Part or Part 10 or by a licence, group licence, irrigation corporation licence, authority or permit,(b) fails to comply with any direction given to the person by the Ministerial Corporation to remove the whole or any part of a work to which this Part extends (being a work in respect of which no right conferred by this Part or Part 10 exists and in respect of which no licence, group licence, irrigation corporation licence, authority or permit is in force) which is situated on land owned or occupied by the person, or(c) fails to comply with any direction given to the person by the Ministerial Corporation to carry out any work which the Ministerial Corporation considers necessary:is guilty of an offence and is liable, on conviction:(i) to permit the flow of water through or past any work to which this Part extends (being a work in respect of which no right conferred by this Part or Part 10 exists and in respect of which no licence, group licence, irrigation corporation licence, authority or permit is in force) which is situated on land owned or occupied by the person, or(ii) to prevent the use of any work to which this Part extends (being a work in respect of which no right conferred by this Part or Part 10 exists and in respect of which no licence, group licence, irrigation corporation licence, authority or permit is in force) which is situated on land owned or occupied by the person and which is a work for the diversion or abstraction of water,(d) where the offence was committed by a corporation—to a penalty not exceeding 200 penalty units and, in the case of a continuing offence, to a further penalty not exceeding 20 penalty units for each day the offence continues, or(e) where the offence was committed by any other person—to a penalty not exceeding 100 penalty units and, in the case of a continuing offence, to a further penalty not exceeding 10 penalty units for each day the offence continues.(2) In any prosecution under this section, proof that a work to which this Part extends has been constructed, erected or used otherwise than pursuant to a right conferred by this Part or Part 10 or a licence, group licence, irrigation corporation licence, authority or permit shall, in the absence of proof to the contrary, be evidence that the construction, erection, use or failure has been caused by the occupier of the land on which the work is situated.(3) Where a direction referred to in subsection (1) (b) or (c) has been given to an occupier of land and that occupier is not the owner of the land, that occupier may apply to the local land board to apportion between that occupier and the owner of the land the expenses incurred in complying with the direction, and, on any such application being made to it, the local land board may make such apportionment of those expenses as it considers fair and just.
(1) For the purposes of this Part the Ministerial Corporation, or any person authorised by it, may enter on any land and take levels and make surveys and marks, and fix pegs and stakes, and inspect any works.(2) Any person who removes, injures, or interferes with any marks made, or pegs or stakes fixed as aforesaid, shall be liable to a penalty not exceeding 5 penalty units, or to imprisonment for a term not exceeding three months.(3) The Ministerial Corporation may, by any of its officers, employees or agents, enter on any land and:(a) remove any dam or weir or any other work forming an unlawful obstruction to the flow of water in a river, and(b) prevent or stop any unlawful diversion of water from a river or lake, whether by dismantling a pump or blocking the offtake of a race or by such other means as the Ministerial Corporation considers necessary.(4) The Ministerial Corporation may recover in any court of competent jurisdiction as a debt due to it from the occupier of the land from which any work has been removed under subsection (3), or of the land on which the diversion of water was prevented or stopped under that subsection, the expenses incurred by it in carrying out the removal or, as the case may be, in preventing or stopping the diversion.(5) Where judgment has been obtained against an occupier of land under subsection (4) and that occupier is not the owner of the land, that occupier may apply to the local land board to apportion between that occupier and the owner of the land the amount adjudged to be paid to the Ministerial Corporation under that subsection and any costs awarded against the occupier in connection with that judgment, and, on any such application being made to it, the local land board may make such apportionment of that amount and those costs as it considers fair and just.
22A Public authorities may construct and use works in times of shortage of water
The Ministerial Corporation in any time of emergency or when there is an actual or threatened shortage of water may for such period and subject to such limitations and conditions as it may think fit authorise any public authority as prescribed to take such measures as may by the Ministerial Corporation be thought fit to conserve water in or obtain water from a river or lake for the purpose of supplying water or augmenting the supply of water for town or village water supply or other public purpose, and in the exercise of powers conferred by that authority the public authority may enter any land and construct and use any work to which this Part extends and it shall not be necessary for the public authority to obtain a licence or permit for any work constructed or used solely in respect of the authority so conferred by the Ministerial Corporation.
22B Restriction or suspension of rights held under licences etc during periods of water shortage
(1) If at any time the Ministerial Corporation is satisfied that the quantity of water available, or likely to be available, in a river, lake or section of a river is insufficient to meet all requirements with respect to the taking of water from the river, lake or section, it may, in the manner provided in this section, restrict or suspend the rights held under licences, group licences, authorities or permits issued under this Part, or held under section 7, for the taking of water for any purpose from the river, lake or section or any part of the river, lake or section.(2) Particulars of any restrictions or suspensions imposed by the Ministerial Corporation under subsection (1) shall be notified in the Gazette and in a newspaper published and circulating in the district in which the river, lake or section is located.(3) A notification made under subsection (2) may be amended, altered, modified or cancelled by the Ministerial Corporation and particulars of any such amendment, alteration, modification or cancellation shall be notified in the Gazette and in a newspaper published and circulating in the district in which the river, lake or section is located.(4) In imposing restrictions or suspensions under this section, the Ministerial Corporation may restrict or suspend rights for the taking of water in accordance with the following order of priority:(a) firstly, rights under permits for any purpose other than domestic and stock supply,(b) secondly, rights under licences, group licences and authorities for the purpose of irrigation,(c) thirdly, rights under licences, group licences and authorities for purposes other than irrigation and domestic and town and village water supply, rights under permits for stock supply and rights held under section 7 for the taking of water for stock supply, and(d) fourthly, rights under licences, group licences, authorities and permits for domestic purposes and town and village water supply and rights held under section 7 for the taking of water for domestic purposes.(5) In exercising the power conferred on it by subsection (4), the Ministerial Corporation:(a) shall impose restrictions or suspensions in respect of all rights specified in a paragraph of that subsection before imposing any restrictions or suspensions in respect of any rights specified in any subsequent paragraph of that subsection, and(b) may, when imposing restrictions or suspensions under subsection (4) (b), restrict or suspend rights with respect to the irrigation of any class of crops or plantings without restricting or suspending rights with respect to the irrigation of any other class of crops or plantings.(6) When the Ministerial Corporation has, in accordance with this section, imposed a restriction on a right held under section 7 or held under a licence, group licence, authority or permit to take water, a person shall not take water except in accordance with the right as so restricted.(7) When the Ministerial Corporation has, in accordance with this section, suspended a right held under section 7 or held under any licence, group licence, authority or permit to take water, a person shall not take water in purported exercise of that right.(8) Any person who contravenes subsection (6) or (7) is guilty of an offence and is liable, on conviction, to a penalty not exceeding:(a) where the offence was committed by a corporation—200 penalty units, or(b) where the offence was committed by any other person—100 penalty units.(9) If, in any proceedings against an occupier of land for an offence under subsection (8), it is proved that a work on that land was used in contravention of subsection (6) or, as the case may be, subsection (7), the water concerned in that alleged offence shall, unless the contrary is proved, be presumed to have been taken by the occupier.
22BA Invalidation of applications for entitlements
(1) This section applies to a water source that is not the subject of a volumetric water allocations scheme under Division 4B if the Ministerial Corporation is satisfied that the water source is unlikely to have more water available than is sufficient to meet:(a) the requirements of the persons already authorised by law to take water from the water source, and(b) such other possible requirements for water from the water source as are determined by the Ministerial Corporation.(2) The Ministerial Corporation may, by order published in the Gazette, declare that, until the order is revoked, an application for an entitlement to which the order applies may not be made after a specified date (being a date not earlier than the date of publication) if the entitlement would authorise the taking of water from a water source specified in the order that is a water source to which this section applies.(3) An order may be made to apply:(a) to a specified application for an entitlement,(b) to all applications for entitlements,(c) to a specified class of applications for entitlements, or(d) to all applications for entitlements other than a specified application for an entitlement or a specified class of applications for entitlements.(4) An order does not apply to an entitlement that would merely replace an existing entitlement and, for the purposes of this subsection, where land to which an entitlement relates is subdivided into parts, an application for an entitlement relating to one of the parts shall be deemed to be an application for an entitlement to replace an existing entitlement.(5) If an application for an entitlement to which an order applies is made while the order is in force, the application is invalid and shall be rejected by the Ministerial Corporation.(6) In this section:entitlement means a licence, permit, authority or group licence.
water source means:
(a) a river, lake or section of a river, or(b) a combination of 2 or more of them.
22BB Invalidation of applications for entitlements in respect of dams
(1) In this section:dam includes any work used for the purposes of water storage or conservation, but does not include any such work that, in the opinion of the Ministerial Corporation, is used for environmental purposes.
entitlement means a licence, permit, authority or group licence.
(2) The Ministerial Corporation may, by order published in the Gazette, declare that, until the order is revoked, an application for an entitlement in respect of a dam or class of dam specified in the order may not be made after a specified date (being a date not earlier than the date of publication).(3) If an application for an entitlement in respect of a dam to which any such order relates is made while the order is in force, the application is invalid and must be rejected by the Ministerial Corporation.(4) The provisions of section 22BA (3) and (4) apply to an order under this section in the same way as those provisions apply to an order under section 22BA.
22C Charge if flow of water assured by work of Crown or water or dam managed by State
(1) In this section:dam includes any work used for the purposes of water storage or conservation.
entitlement means:
(a) a licence, permit, authority or group licence, or(b) in relation to a trust, the right to take and use water conferred on the trust by section 38B.trust means a trust constituted under Part 3 that is declared by the regulations to be a trust to which this section applies.
(1A) In this section:(a) a reference to a work of the Crown includes a reference to a work vested in or controlled by the Dumaresq-Barwon Border Rivers Commission, and(b) a reference to the holder of an entitlement includes:(i) if the entitlement is an authority, a reference to each of the holders of the authority, and(ii) if the entitlement is the right of a trust to take and use water, a reference to the trust.(2) The Ministerial Corporation may, by order published in the Gazette, declare that the flow or supply of water in any river, lake or section of a river has been augmented, stabilised or assured by a work of the Crown.(2A) The Ministerial Corporation may, by order published in the Gazette, declare that the sharing and use of water from any river, lake or section of river is managed by the State.(2B) The Ministerial Corporation may, by order published in the Gazette, declare that the storage or conservation of water in any specified dam or specified class of dam is managed by the State.(3) Where a work in respect of which an entitlement is held:(a) is used for the purpose of irrigation or water supply for stock, for industrial use or for such other use as may be prescribed, and(b) is connected with a river, lake or section of a river in respect of which an order under subsection (2) or (2A) is in force,the holder of the entitlement shall, subject to and in accordance with this section, pay a charge for the right to take and use water from the river, lake or section in addition to the fee (if any) payable for the entitlement.(3A) The holder of an entitlement in respect of a dam to which an order under subsection (2B) relates must, subject to and in accordance with this section, pay a charge for the right to store or conserve water in the dam in addition to the fee (if any) payable for the entitlement.(4) The charge payable under subsection (3) or (3A) shall:(a) subject to subsection (4A), be fixed by the Ministerial Corporation from time to time,(a1) be paid:(i) in respect of each complete year during which the entitlement is in force, and(ii) if the entitlement is not in force for the whole of a year—in respect of the part of the year during which it is in force,after the date of the order referred to in subsection (2), (2A) or (2B),(b) be calculated at a rate which may vary according to the nature of the entitlement but is not greater than the maximum rate which shall be prescribed according to:(i) the purpose or purposes for which the water is to be taken and used,(ii) the nature of the work, and(iii) the method of obtaining the water,(c) be paid at the prescribed times and in the prescribed manner,(d) to the extent of a minimum annual amount fixed by the Ministerial Corporation in each case, be payable even if the entitlement is suspended or the work to which it relates is not used, and(e) be on the basis of a fixed charge and either:(i) the quantity of water taken and used by means of the work during the relevant year, or part of a year, referred to in paragraph (a1), or(ii) the area of land irrigated with water so taken and used,even if the water is taken and used while the entitlement is suspended.Without limiting the above, the charge payable under subsection (3) or (3A) may be a specified amount if means for measuring the quantity of water taken and used are not available or if there is other good cause to do so.
(4A) Where the Ministerial Corporation varies the amount it has fixed as the charge payable under subsection (3) or (3A), the variation shall take effect on such date as the Ministerial Corporation may determine.(5) The Ministerial Corporation shall, in every entitlement referred to in subsection (3), specify which of the alternative charges shall be paid.(6) The Ministerial Corporation shall, when fixing the amount of a charge payable under this section in connection with an order under subsection (2), have regard to:(a) the benefits received by the holder of the entitlement (including, in relation to a group licence, each of the group licence occupiers) as a result of the work of the Crown, and(b) the augmentation, stabilisation or assurance of the water supply provided by that work.(6AA) The Ministerial Corporation must, when fixing the amount of a charge payable under this section in connection with an order under subsection (2A), have regard to the benefits received by the holder of the entitlement (including, in relation to a group licence, each of the group licence occupiers) as a result of the management by the State of the sharing and use of water from the river, lake or section of river.(6AB) The Ministerial Corporation must, when fixing the charge payable under this section in connection with an order under subsection (2B), have regard to the benefits received by the holder of the entitlement (including, in relation to a group licence, each of the group licence occupiers) as a result of the management by the State of the storage or conservation of water in the dam.(6A) Any amount due and unpaid under subsection (3) or (3A):(a) bears interest on a daily basis at the prescribed rate until paid, even if judgment for the amount has been given by a court,(b) is, together with any such interest, recoverable as a debt due and payable to the Ministerial Corporation by the holder, or jointly and severally by the holders, of the relevant entitlement, and(c) is, together with any such interest, a charge on the land supplied with water under the entitlement.(6B) A payment made in respect of a charge payable under subsection (3) or (3A) shall be applied first in payment of any interest borne by the charge.(7) If, in the opinion of the Ministerial Corporation, a benefit is not received as a result of the work of the Crown by the holder of the entitlement (including, in relation to a group licence, any 1 or more of the group licence occupiers), a charge in connection with an order under subsection (2) shall not be fixed under this section in respect of the entitlement.(8) Any order under subsection (2), (2A) or (2B) may be amended, altered, modified, revoked or corrected by the Ministerial Corporation by order published in the Gazette.(9) If the holder of an entitlement (not being the right of a trust to take and use water) fails to pay the charge required under this section within the prescribed period, the Ministerial Corporation may suspend the entitlement until the charge is paid.(10) The Ministerial Corporation may remit or waive the payment in any year of any charge paid or payable under this section.(11) In this section, a reference to a year in relation to payment of a charge for the right to take and use water from a river, lake or section of a river, is a reference to:(a) a year commencing on 1 July, or(b) if the Ministerial Corporation by order published in the Gazette specifies a different year for the river, lake or section of a river—the specified year.(12) Where a change of the year relating to payment of a charge affects an existing right to take and use water, the order making the change may also make provision for the transitional arrangements leading to the change.
22D Sale of land pending transfer of water allocation
(1) Despite any other provision of this Act, if the land to which an entitlement relates is sold before a transfer under this Part (or under the regulations made under this Part) of the whole or part of the water allocation (or the water rights) in respect of the entitlement has been completed in accordance with this Part (or those Regulations), the sale of the land does not:(a) if the whole of the water allocation (or the water rights) in respect of the entitlement is being transferred—operate to pass the benefit of the entitlement to the occupier for the time being of the land, and(b) if only part of the water allocation (or the water rights) for the entitlement is being transferred—operate to pass the benefit of the relevant part of the entitlement to the occupier for the time being of the land, and(c) prevent the transfer of the whole or the part of the water allocation (or the water rights) from being completed in accordance with this Part or those Regulations.(2) In this section, entitlement and water allocation have the same meanings as in section 20V.
23 Obstructing persons in the performance of duties
Any person who obstructs or hinders any person while performing any duty which the person is authorised by this Part, or by any regulation made thereunder, to perform, is guilty of an offence and is liable, on conviction:(a) where the offence was committed by a corporation—to a penalty not exceeding 200 penalty units, or(b) where the offence was committed by any other person—to a penalty not exceeding 100 penalty units or to imprisonment for a term not exceeding 3 months.
24 Recovery of fees, charges, and penalties
Fees and charges payable under this Part, or any regulation made thereunder, may be recovered before a magistrate or any 2 justices constituting a Local Court.
25 Conditions relating to environmental protection
The conditions subject to which a licence, permit, authority or group licence is granted or renewed under this Part may include conditions relating to the protection of the environment.
All contributions, fees, and charges payable under this Part shall be paid at the times and in the manner prescribed into the Consolidated Fund.
26A Act prevails over certain other Acts
Where the operation of any statute, including the Local Government Act 1993 and any Act relating to mining, but excluding the River Murray Waters Act 1915, conflicts with the operation of the provisions of this Part, the provisions of this Part shall prevail, and such statute shall to the extent of such conflict be inoperative.
26B Powers to determine licence, group licence or authority
The Ministerial Corporation may cancel at any time after giving reasonable notice a licence, group licence or an authority on payment of compensation to the person entitled to the benefit of the licence or authority or to the holder of the group licence, as the case may be.The right to the water which was vested in that person shall thereupon vest in the Ministerial Corporation.
Such compensation shall be assessed by the local land board of the land district in which the licensed work, the work the subject of the group licence or the authorised work is situated.
26C Construction of work by Crown for councils
No work to which this Part extends shall be constructed by the Crown for or on behalf of any council or county council within the meaning of the Local Government Act 1993 or any person unless such council or person shall have first obtained a licence under this Part for the work.This section shall not apply to any such work in course of construction by the Crown at the commencement of the Irrigation and Water (Amendment) Act 1943.
(1) The Governor may make regulations prescribing or relating to:(a) forms of, and of application for:(i) licences, group licences, authorities and permits, and(ii) renewal of licences, group licences, authorities and permits,and forms of notices required or authorised under this Part,(b) fees payable in respect of licences, renewals of licences, authorities, renewals of authorities, permits and renewals of permits, group licences and renewals of group licences,(c) the prevention of the pollution of water and the obstruction or injury to or interference with works,(c1) a scheme for transfers between holders of licences, authorities and group licences of rights to take and use water from a water source that is not the subject of a volumetric water allocations scheme under Division 4B,(c2) a scheme for transfers between holders of licences, authorities and group licences of rights to store or conserve water in dams within the meaning of section 22BB,(d) the furnishing by holders of licences, holders of group licences, holders of permits, holders of authorities or group licence occupiers, of returns specifying the area of their irrigated land, crops watered, number of days on which irrigation is carried on, times of irrigation, and such other particulars as the Governor may consider fit,(e) the terms and conditions governing joint water supply schemes, including charges for water(e1) the prohibition or regulation of the mooring of any ship, boat, barge, punt, craft, houseboat or any other vessel whatsoever within prescribed areas in any river or lake which is a source of public water supply or of water supply for any town or village within the State of New South Wales or the State of Victoria,(e2) the empowering of the Ministerial Corporation or any person authorised by the Ministerial Corporation to remove or cause to be removed any ship, boat, barge, punt, craft, houseboat or other vessel moored in contravention of the regulations,(e3) matters giving effect to the provisions of this Part relating to the purchase and sale of water allocations including, in the case of purchases by tender, matters relating to the submission, and the acceptance or rejection, of a tender, and(f) the imposition of a penalty for any breach of the regulations:(i) where the breach is committed by a corporation—not exceeding 200 penalty units and, in the case of a continuing breach, the imposition of a further penalty not exceeding 20 penalty units for each day the breach continues, or(ii) where the breach is committed by any other person—not exceeding 100 penalty units and, in the case of a continuing breach, the imposition of a further penalty not exceeding 10 penalty units for each day the breach continues,(g) (Repealed)and generally for the purposes of carrying out the provisions of this Part and providing for the procedure thereunder.(1A) A provision of a regulation may:(a) apply generally or be limited in its application by reference to specified exceptions or factors,(b) apply differently according to different factors of a specified kind, or(c) authorise any matter or thing to be from time to time determined, applied or regulated by a specified person or body,or may do any combination of those things.(2) Part 3 of the Subordinate Legislation Act 1989 does not apply to or in respect of the regulations under this Part.
This Part does not apply to any part of the State to which Part 3 of Chapter 3 of the Water Management Act 2000 applies in relation to water supply work approvals within the meaning of that Act.