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.