Water Management Act 2000 No 92
54 Harvestable rights orders
(1) The Minister may, by order published on the NSW legislation
website, constitute any land as a harvestable rights area and may, by the same
or a subsequent order so published, name the area and fix its
Editorial note. For harvestable rights orders see Gazette No 110 of 1.7.2004, pp
(2) The order by which a harvestable rights area is constituted must
specify the following:
(a) the proportion of the average rainwater run-off that may be
captured by landholders in the area (being no less than 10% of that
(b) the procedures to be followed for calculating the average
rainwater run-off for a landholding in the area.
(3) The order may allow an existing dam to be used both for rainwater
run-off that has been captured and other water that has been lawfully taken
from a water source.
(4) The order may also deal with the following matters:
(a) the types and locations of dams that may be used by a landholder
to capture and store rainwater run-off,
(b) the means by which the maximum capacity of a dam that may be used
by a landholder to capture and store rainwater run-off is to be
(c) the arrangements that may be made by landholders of adjoining land
for the shared use of a single dam for the capture of rainwater
(d) such other matters as are necessary or convenient to give effect
to the order.
(5) For the purpose of calculating any matter under an order under
this section, a reference in the order to an area of land is, in the case of
land that is valued under the Valuation of
Land Act 1916, a reference to the area of a portion or parcel
of land that is separately valued under that Act.
(6) An order under this section may deal with any matter by reference
to a map held in the head office of the Department.
(7) Any map that is so referred to is to be available for public
inspection, free of charge, during normal office hours at the head office of
the Department and at the regional office for the area to which the relevant