Part 315 Preparation of draft management plan
(1) The Minister may, by the order by which a management committee is established or by a subsequent order in writing:(a) direct the committee to prepare a draft management plan, and review any related implementation program, on any aspect of water management, including (but not limited to):(i) water sharing, and(ii) water source protection, and(iii) drainage management, and(iv) floodplain management, and(b) set terms of reference in accordance with which such a plan is to be prepared.(2) A management committee to which such an order is given is to prepare a draft management plan in accordance with the terms of reference specified in the order.(3) If the management committee fails to prepare a draft management plan in accordance with its terms of reference, the Minister may do so instead.(4) This Part applies to a management plan prepared by the Minister in the same way as it applies to a management plan prepared by a management committee.
16 Management plans to be consistent with other instruments
(1) A management plan must be consistent with:(a) the State Water Management Outcomes Plan, and(b) any State environmental planning policy under the Environmental Planning and Assessment Act 1979, and(c) any protection of the environment policy under the Protection of the Environment Operations Act 1997, and(d) any regulation under the Sydney Water Catchment Management Act 1998 or the Googong Dam Catchment Area Act 1975, and(e) government policy, including government policy in relation to the environmental objectives for water quality and river flow.(2) For the purposes of this section, government policy includes such matters as are declared by the regulations to be government policy.
17 Provisions applicable to all management plans
A management plan for a water management area may contain the following kinds of provisions:(a) provisions with respect to the preservation and enhancement of the quality of water in the water sources in the area,(b) provisions with respect to the kinds of monitoring and reporting requirements that should be imposed as conditions of approvals having effect within the area,(c) provisions with respect to the conditions to which access licences and approvals having effect within the area are to be subject (mandatory conditions),(d) provisions indicating the circumstances in which, the matters in respect of which and the extent to which the management plan may be amended by the Minister during the period for which it is in force,(e) provisions with respect to such other matters as may be authorised by the regulations.
In formulating a draft management plan, the management committee must have due regard to the socio-economic impacts of the proposals considered for inclusion in the draft plan.
This Division applies to the provisions of a water management plan to the extent to which they deal with water sharing.
(1) The water sharing provisions of a management plan for a water management area must deal with the following matters:(a) the establishment of environmental water rules for the area in relation to each of the classes of environmental water referred to in section 8 (1),(b) the identification of requirements for water within the area to satisfy basic landholder rights,(c) the identification of requirements for water for extraction under access licences,(d) the establishment of a bulk access regime for the extraction of water under access licences, having regard to the environmental water rules referred to in paragraph (a) and the requirements referred to in paragraphs (b) and (c),(e) the establishment of transfer rules for the area.(2) The bulk access regime referred to in subsection (1) (d):(a) must recognise and be consistent with any limits to the availability of water that are set (whether by the relevant management plan or otherwise) in relation to the water sources to which the regime relates, and(b) must establish rules according to which access licences are to be granted and managed and available water determinations to be made, and(c) must recognise the effect of climatic variability on the availability of water, and(d) may establish rules with respect to the priorities according to which access licences are to be adjusted as a consequence of any reduction in the availability of water.(3) The rules referred to in subsection (2) (d) must comply with the priorities established under section 58.(4) The transfer rules referred to in subsection (1) (e) must comply with the Minister’s transfer principles.
The water sharing planning provisions of a management plan for a water management area may also deal with the following matters:(a) the rates, times and circumstances under which water may be taken from any water source in the area, or the quantity of water that may be taken from any water source in the area or delivered through the area,(b) the kinds of water supply works that may be constructed and used in the area,(c) the operation of water accounts for the area, such as the carrying over of credits from one accounting period to the next, and the maximum credit that may be allowed to accumulate in any account,(d) water sharing measures for the protection and enhancement of the quality of water in the water sources in the area or for the restoration or rehabilitation of water sources or their dependent ecosystems,(e) measures to give effect to the water management principles and the objects of this Act,(f) such other matters as are prescribed by the regulations.
This Division applies to the provisions of a water management plan to the extent to which they deal with water use.
The water use provisions of a management plan for a water management area must deal with the following matters:(a) the identification of existing and potential water use practices and related activities,(b) the identification of those uses and activities which have adverse impacts, including cumulative impact, on water sources or their dependent ecosystems or on other water users,(c) the identification of the occurrence of land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity within the area and any impacts on water sources.
The water use provisions of a management plan for a water management area may also deal with the following matters:(a) best practice for water conservation, water efficiency and total water cycle management,(b) prevention of off-site impacts of water use,(c) requirements for the restoration or rehabilitation of land or water sources or their dependent ecosystems,(d) protection of the habitats or pathways of animals and plants,(e) the preservation and enhancement of the quality of water of the water sources in the area affected by water use and related practices,(f) structural or operational modifications for existing works,(g) other measures to give effect to the water management principles and the objects of this Act,(h) such other matters as are prescribed by the regulations.
Division 4 Drainage management
This Division applies to the provisions of a water management plan to the extent to which they deal with drainage management.
The drainage management provisions of a management plan for a water management area must deal with the following matters:(a) the identification of the existing and natural hydrological regimes in the area,(b) the identification of existing drainage works in the area and the way they are managed,(c) the ecological impacts and impacts on water quality, including cumulative impacts, of the drainage works in the area.
The drainage management provisions of a management plan for a water management area may also deal with the following matters:(a) proposals for the construction of new drainage works,(b) the modification or removal of existing drainage works,(c) restoration or rehabilitation of land, habitats, water sources or their dependent ecosystems,(d) the preservation and enhancement of the quality of water of the water sources in the area affected by drainage management,(e) other measures to give effect to the water management principles and the objects of this Act,(f) such other matters as are prescribed by the regulations.
Division 5 Floodplain management
This Division applies to the provisions of a water management plan to the extent to which they deal with floodplain management.
The floodplain management provisions of a management plan for a water management area must deal with the following matters:(a) identification of the existing and natural flooding regimes in the area, in terms of the frequency, duration, nature and extent of flooding,(b) the identification of the ecological benefits of flooding in the area, with particular regard to wetlands and other floodplain ecosystems and groundwater recharge,(c) the identification of existing flood works in the area and the way they are managed, their benefits in terms of the protection they give to life and property, and their ecological impacts, including cumulative impacts,(d) the risk to life and property from the effects of flooding.
The floodplain management provisions of a management plan for a water management area may also deal with the following matters:(a) proposals for the construction of new flood works,(b) the modification or removal of existing flood works,(c) restoration or rehabilitation of land, water sources or their dependent ecosystems, in particular in relation to the following:(i) the passage, flow and distribution of floodwater,(ii) existing dominant floodways and exits from floodways,(iii) rates of flow, floodwater levels and duration of inundation,(iv) downstream water flows,(v) natural flood regimes, including spatial and temporal variability,(d) the control of activities that may affect or be affected by the frequency, duration, nature or extent of flooding within the water management area,(e) the preservation and enhancement of the quality of water in the water sources in the area during and after flooding,(f) other measures to give effect to the water management principles and the objects of this Act,(g) such other matters as are prescribed by the regulations.
Division 6 Controlled activities and aquifer interference activities
This Division applies to the provisions of a water management plan to the extent to which they deal with controlled activities and aquifer interference activities.
The controlled activity and aquifer interference activity planning provisions of a management plan for a water management area deal with the following matters:(a) identification of the nature of any controlled activities or aquifer interference causing impacts, including cumulative impacts, on water sources or their dependent ecosystems, and the extent of those impacts,(b) specification of controlled activities or aquifer interferences which are to require controlled activity approvals or aquifer interference approvals in the area.
The controlled activity and aquifer interference activity provisions of a management plan for a water management area may also deal with the following matters:(a) the undertaking of work for the purpose of restoring or rehabilitating a water source or its dependent ecosystems,(b) protecting, restoring or rehabilitating the habitats or pathways of animals and plants,(c) specific controls on activities causing unacceptable impacts,(d) the preservation and enhancement of the quality of water in the water sources in the area affected by controlled activities or aquifer interference,(e) other measures to give effect to the water management principles and the objects of this Act,(f) such other matters as are prescribed by the regulations.
Division 7 Environmental protection
34 Environmental protection provisions
(1) A management plan for a water management area may contain the following provisions (environmental protection provisions) in respect of any aspect of water management:(a) provisions identifying zones in which development should be controlled in order to minimise any harm to water sources in the area or to minimise any threat to the floodplain management provisions of the plan,(b) provisions identifying development that should be controlled in any such zone,(c) provisions identifying the manner in which any such development should be controlled in any such zone,(d) provisions to which State agencies and local authorities (including local councils) should be subject when taking action and making decisions concerning any such development,(e) provisions requiring development consent to the carrying out of any such development,(f) provisions requiring the Minister’s concurrence to the granting of any such development consent,(g) provisions requiring the establishment of action plans to encourage the abandonment of existing uses that cause harm to water sources, and to encourage the carrying out of remedial measures to minimise or alleviate any harm already caused to water sources by the continuance of existing uses.(2) In this section, control, development, development consent and existing use have the same meanings as they have in the Environmental Planning and Assessment Act 1979.
Division 8 Procedures for making management plans
(1) A management plan must include the following components:(a) a vision statement,(b) objectives consistent with the vision statement,(c) strategies for reaching those objectives,(d) performance indicators to measure the success of those strategies.(2) In the case of a water management area for which an equivalent management plan is already in force, the draft management plan may be in the form of:(a) an amendment to the existing management plan, or(b) a new plan to replace the existing management plan.(3) Subject to subsections (1) and (2), the format of a management plan is to be as determined by the Minister.
36 Notification of certain persons and bodies
(1) In preparing a draft management plan, the following information must be notified to each person or body referred to in subsection (2):(a) the general aims and objectives of the draft plan,(b) a description of the water management area to which the draft plan is intended to apply,(c) such other matters as the Minister thinks fit.(2) The persons and bodies to be notified are as follows:(a) each local council within whose area the water management area is located,(b) each catchment management committee and catchment management trust within whose area of operations the water management area is located,(c) each holder of an access licence or approval in respect of land within the water management area,(d) such other persons or bodies as the Minister may determine in relation to the plan.(3) Failure to notify a person or body referred to in subsection (2) does not affect the validity of a management plan.(4) A person to whom information is notified under this section may make written submissions to the Minister in relation to the preparation of the draft management plan within 28 days (or such longer period as may be determined by the Minister) after the information is notified.
37 Reference of draft management plan to Minister
(1) After a draft management plan has been prepared, including a draft management plan that has been referred back to it under this section, the management committee must submit the plan to the Minister.(2) If the Minister is of the opinion that the draft plan does not comply with the requirements of this Part, the Minister is to refer the draft plan back to the management committee for further consideration.(3) This section does not apply to a draft management plan prepared by the Minister.
38 Public exhibition of draft management plan
(1) Once the Minister is satisfied that a draft management plan is suitable for public exhibition, the Minister:(a) must give public notice of the draft plan, and(b) must exhibit the draft plan (together with such other information as is appropriate or necessary to enable the draft plan and its implications to be understood) at the places, on the dates and during the times set out in the notice.(2) The public notice referred to in subsection (1) (a):(a) must specify the places at which, the dates on which, and the times during which, the draft plan may be inspected by the public, and(b) must specify a period of at least 40 days during which submissions may be made to the Minister in relation to the plan (the submission period), and(c) must be published in a daily newspaper circulating throughout New South Wales and in a local newspaper.(3) In the case of a draft management plan containing environmental protection provisions, the Minister must consult with the Minister for Urban Affairs and Planning before making a decision as to whether the plan is suitable for public exhibition.
39 Submissions on draft management plan
(1) During the submission period, any person may make written submissions to the Minister on the draft management plan.(2) The Minister must send a copy of each such submission to the management committee by which the plan was prepared.(3) Subsection (2) does not apply to a draft management plan prepared by the Minister.
40 Resubmission of draft management plan to Minister
(1) As soon as practicable after completing its consideration of any submissions received by it, the management committee must resubmit the draft management plan to the Minister together with the committee’s comments on the submissions.(2) Before making any alterations to the draft management plan, the Minister must consult with the management committee.(3) This section does not apply to a draft management plan prepared by the Minister.
(1) After complying with the requirements of this Part, the Minister:(a) may make a management plan in accordance with the draft plan, as finally submitted to the Minister, or(b) may make a management plan in accordance with the draft plan, as finally submitted to the Minister, but with such alterations as the Minister thinks fit, or(c) may cause the draft management plan to be re-exhibited (with such alterations as the Minister thinks fit) and resubmitted in accordance with this Part, or(d) may decide not to proceed with the draft management plan.(2) Before making a management plan, the Minister must obtain the concurrence of the Minister for the Environment to the making of the plan.(3) A management plan commences on the date on which it is published in the Gazette or on such later date as may be specified in the plan.
42 Amendment and repeal of management plans
(1) A management plan may be amended by a subsequent management plan made in accordance with this Part.(2) A management plan may also be amended by the Minister, by notice published in the Gazette, but only in such circumstances, in relation to such matters and to such extent as the plan so provides.(3) The amendment of a management plan under subsection (2) takes effect on the date of publication of the relevant notice or a later date specified in the notice.
43 Duration of management plans
(1) Subject to this section, a management plan has effect for 10 years from the date on which it is made.(2) Within the fifth year after it was made, the Minister is to review each management plan for the purpose of ascertaining whether its provisions remain adequate and appropriate for ensuring the effective implementation of the water management principles.(3) Such a review is to be conducted in consultation with the Minister for the Environment.
44 Periodic auditing of management plans
(1) The Minister is to ensure that a management plan is audited, at intervals of not more than 5 years, for the purpose of ascertaining whether its provisions are being given effect to.(2) An audit under this section is to be carried out by an audit panel appointed by the Minister in consultation with the Water Management Committee where one exists.(3) In setting terms of reference for the preparation of a management plan to replace an existing management plan, the Minister must have regard to the results of the most recent audit conducted under this section in relation to the existing management plan.
Division 9 Amendment of management plans by Minister
45 Amendment of bulk access regimes established by management plans
(1) At any time while a management plan is in force, the Minister may, by order published in the Gazette, vary the bulk access regime established by the plan if satisfied that it is in the public interest to do so.(2) Such an order may not be made in relation to a water management area for which a management committee for water sharing is constituted unless the Minister has consulted with the committee in relation to the proposed variation of the bulk access regime.
Division 10 Regional environmental plans
46 Regional environmental plans to be made
(1) On making a management plan containing environmental protection provisions, the Minister must cause a copy of the plan to be given to the Minister for Urban Affairs and Planning.(2) As soon as practicable (and, in any case, within 6 months) after receiving such a plan, the Minister for Urban Affairs and Planning must ensure that provisions are included in a regional environmental plan:(a) to give effect to the environmental protection provisions of the plan, and(b) to ensure that the regional environmental plan prevails over any local environmental plan made before or after the regional environmental plan to the extent of any inconsistency.(3) A regional environmental plan made pursuant to this section is taken to be made with respect to matters of significance for environmental planning for the region or part of the region to which it applies.(4) Section 41 of the Environmental Planning and Assessment Act 1979 does not apply to or in respect of a regional environmental plan made pursuant to this section.(5) In this section, local environmental plan, region and regional environmental plan have the same meanings as they have in the Environmental Planning and Assessment Act 1979.
47 Validity of management plans
The validity of a management plan may not be called into question in any legal proceedings other than those commenced in the Land and Environment Court within 3 months after the date of its publication in the Gazette.
48 Effect of management plans on exercise of Minister’s functions
When exercising functions under this Act, the Minister must take all reasonable steps to give effect to the provisions of any management plan and, in particular, to ensure that any environmental water rules established by the plan are observed.
49 Consideration of management plans by public authorities
(1) When exercising its functions, a public authority must have regard to the provisions of any management plan to the extent to which they apply to the public authority.(2) For the purposes of this section, a management plan may be expressed so as to apply:(a) to a specified public authority, to a specified class of public authorities or to public authorities generally, and(b) to a specified function, to a specified class of functions or to functions generally.(3) This section neither restricts a public authority’s statutory discretions nor authorises a public authority to do anything inconsistent with its statutory or other legal obligations.