Part 1 Directions to landholder and other persons
(1) In this Part:landholder, in relation to land, includes any person having the care, control or management of the land.
specified measures include measures that involve doing, or refraining from doing, any act.
(2) In this Part:(a) a power to direct a person to take specified measures includes a power to direct in what circumstances, in what order and in what manner those measures are to be taken, and(b) a reference to a water management work of any kind includes a reference to a corresponding kind of work to which Part 2, 5 or 8 of the Water Act 1912 extends, and(c) a reference to this Act or the regulations extends to the Water Act 1912 and the regulations under that Act.(3) For the purpose of applying this Part to the Water Act 1912 and the regulations under that Act, references to this Act in section 390 of this Act, and in the definition of authorised officer in the Dictionary to this Act, extend to the Water Act 1912 and the regulations under that Act.
Division 2 Conservation of water
324 Temporary water restrictions
(1) If satisfied that it is necessary to do so in the public interest (such as to cope with a water shortage or threat to public health or safety), the Minister may, by order in writing, direct that, for a specified period, the taking of water from a specified water source is prohibited, or is subject to specified restrictions, as the case requires.(2) If satisfied that it is necessary to do so:(a) to maintain or protect water levels in an aquifer, or(b) to maintain, protect or improve the quality of water in an aquifer, or(c) to prevent land subsidence or compaction in an aquifer, or(d) to protect groundwater-dependent ecosystems, or(e) to maintain pressure, or to ensure pressure recovery, in an aquifer,the Minister may, by order in writing, direct that, within a specified area and for a specified period, the taking of water from that aquifer, or from any other aquifer that is above, below or adjacent to that aquifer, is prohibited, or is subject to specified restrictions, as the case requires.(3) The Minister must cause a copy of an order under this section to be published in the Gazette and notice of the order to be published in an appropriate newspaper.(4) If satisfied that circumstances require publication of an order under subsection (1) or (2) sooner than can be achieved under subsection (3), the Minister may, prior to its publication under that subsection, cause notice of the order to be broadcast by a television or radio station transmitting to the part or parts of the State within which the water source is situated.(5) An order under this section takes effect when it is first published or broadcast in accordance with subsection (3) or (4), as the case may be, or at such later date or time as may be specified in the order.(6) Unless sooner repealed, an order under this section ceases to have effect on the expiry of the period specified in the order.(7) In the event of any inconsistency between an order under this section and any other provision of this Act relating to the distribution, sharing or taking of water (including any order made, or any condition imposed on an access licence or approval, under this Act), the order under this section prevails to the extent of the inconsistency.(8) Nothing in this section gives rise to a claim for compensation under Division 9 of Part 2 of Chapter 3.
325 Directions concerning waste of water
The Minister may, by order in writing served on a landholder, direct the landholder to take specified measures to ensure that:(a) water taken and used under the authority of:(i) a domestic and stock right, or(ii) a domestic and stock access licence,is taken and used in accordance with the mandatory guidelines established under section 336B, and(b) water taken and used under the authority of:(i) a domestic and stock right, or(ii) a domestic and stock access licence,is beneficially used, and is not wasted or improperly used, and(c) water taken by means of a water supply work situated on the land, or used under the authority of a water use approval applying to the land, is beneficially used, and is not wasted or improperly used.
326 Directions to install and maintain metering equipment
(1) The Minister may, by order in writing served on:(a) a landholder on whose land is situated a water supply work, or(b) any person having the control and management of such a work,direct the landholder or person to install metering equipment for use in connection with that work.(2) A direction to install metering equipment is taken to include:(a) a direction that the equipment be properly maintained, and(b) a direction that the equipment not be used unless it is properly sealed.(3) Metering equipment is properly maintained and properly sealed only if it is maintained and sealed by a duly qualified person.(4) In this section, duly qualified person means a person who has such qualifications as are prescribed by the regulations.
Division 3 Unlawful works and activities
327 Stop work order regarding unlawful construction or use of water management work
(1) This section applies to a water management work that, in the Minister’s opinion, is being constructed or used, or is about to be constructed or used, in contravention of this Act.(2) The Minister may, by order in writing served on any person having control or management of the water management work, direct the person:(a) to prohibit or discontinue its construction or use, or(b) to construct or use the work only as specified.(3) Without limiting subsection (2), the landholder on whose land the water management work is situated is taken to have control and management of the work.
328 Stop work order regarding unlawful controlled activity or aquifer interference activity
(1) This section applies to a controlled activity or aquifer interference activity that, in the Minister’s opinion, is being carried out, or is about to be carried out, in contravention of this Act.(2) The Minister may, by order in writing served on any person carrying out the controlled activity or aquifer interference activity, direct the person:(a) to prohibit or discontinue that activity, or(b) to carry out that activity only as specified.(3) Without limiting subsection (2), the landholder on whose land a controlled activity or aquifer interference activity is being carried out is taken to be carrying out that activity.
329 Removal of unlawful water management works
(1) This section applies to a water management work for which no water management approval is in force.(2) The Minister may, by order in writing served on any person having control or management of the work, direct the person to demolish, remove or dismantle the work or otherwise render it ineffective.(3) Such a direction may be given even if the work is not being used or is not capable of being used.(4) Such a direction may not be given in relation to a water supply work that is being used solely:(a) to take water from a water source to which this Part applies pursuant to a landholder’s domestic and stock rights, or(b) to capture and store rainwater run-off pursuant to a landholder’s harvestable rights.(5) Without limiting subsection (2), the landholder on whose land the work is situated is taken to have control and management of the work.
Division 4 Temporary stop work orders
330 Temporary stop work order to protect public interest
(1) If satisfied that the public interest so requires, the Minister may, by order in writing served on:(a) a landholder on whose land is situated a water management work, or(b) any person having the control or management of such a work, or(c) any person by whom a controlled activity or aquifer interference activity is being carried out,direct that, for a specified period, the use of that work, or the carrying out of that activity, is prohibited, or is subject to specified restrictions, as the case requires.(2) Such a direction may be given in relation to a flood work only so as to regulate the use of those parts of the work (including, without limitation, sluices and flood gates) as are capable of being operated to influence the flow of water.
Division 5 Protection of public health, public safety and the environment
331 Directions to holders of basic landholder rights
The Minister may, by order in writing served on:(a) a landholder on whose land is situated a water supply work that is being used:(i) to take water from a water source to which this Part applies pursuant to the landholder’s domestic and stock rights, or(ii) to capture and store rainwater run-off pursuant to the landholder’s harvestable rights, or(b) any person having the control or management of such a work,direct the landholder or person to take specified measures to protect the environment, to preserve basic landholder rights or to overcome a threat to public health.
332 Directions concerning damage caused by straying stock
The Minister may, by order in writing served on any landholder, direct the landholder to take specified measures:(a) to prevent stock from straying from the landholder’s land into or onto a water management work that is owned by, or is under the control or management of, the Ministerial Corporation, or(b) to repair any damage caused to any such water management work as a consequence of stock having strayed from the landholder’s land.
333 Directions to protect water sources
(1) This section applies if the Minister is of the opinion that:(a) the construction or use of a water management work, or(b) the carrying out of a controlled activity or aquifer interference activity,is having, has had, or is likely to have, an adverse effect on a water source or waterfront land.(2) The Minister may, by order in writing served on:(a) the person having control or management of the water management work, or(b) the person carrying out the controlled activity or aquifer interference activity,direct the person to take specified measures to prevent, minimise or mitigate any adverse effect on the water source or waterfront land as a consequence of the construction or use of the work or the carrying out of the activity.(3) Without limiting subsection (2), the measures that may be specified in a direction under this section include:(a) a direction to repair any damage caused by the construction or use of the water management work or the carrying out of the controlled activity or aquifer interference activity, and(b) a direction to rehabilitate any water source or waterfront land that has been adversely affected by the construction or use of the water management work or the carrying out of the controlled activity or aquifer interference activity, and(c) a direction to ensure that the construction or use of the water management work, or the carrying out of the controlled activity or aquifer interference activity, will not in future adversely affect any water source or waterfront land.(4) Without limiting subsection (2):(a) the landholder on whose land a water management work is situated is taken to have control and management of the work, and(b) the landholder on whose land a controlled activity or aquifer interference activity is carried out is taken to be carrying out the activity.
334 Directions to prepare reports
(1) A direction served on a person under this Division may require the person to prepare, and submit to the Minister, reports as to any of the following:(a) the measures the person proposes to take for the purpose of complying with the direction,(b) the progress made by the person in implementing any such measures.(2) The direction may also prohibit the person from implementing any such measures until they have been approved by the Minister.
Division 6 Enforcement by Land and Environment Court
335 Land and Environment Court may grant injunctions
On the application of the Minister, the Land and Environment Court may grant an injunction directing any person to whom a direction has been given under this Part to comply with the direction.
336 Restraint of breaches of this Act
(1) Any person may bring proceedings in the Land and Environment Court for an order to remedy or restrain a breach of this Act or the regulations.(2) Any such proceedings may be brought whether or not proceedings have been instituted for an offence against this Act or the regulations.(3) Any such proceedings may be brought whether or not any right of the person has been or may be infringed by or as a consequence of the breach.(4) Any such proceedings may be brought by a person on the person’s own behalf or on behalf of another person (with their consent), or of a body corporate or unincorporate (with the consent of its committee or other controlling body), having like or common interests in those proceedings.(5) Any person on whose behalf proceedings are brought is entitled to contribute to or provide for the payment of the legal costs and expenses incurred by the person bringing the proceedings.(6) If the Land and Environment Court is satisfied that a breach has been committed or that a breach will, unless restrained by the order of the Court, be committed, it may make such orders as it thinks fit to remedy or restrain the breach.(7) In this section, breach includes a threatened or apprehended breach.
336A Remedial measures may be taken by Minister
(1) If a person fails to take the measures specified in a direction under this Part, the Minister may authorise any other person to take those measures.(2) The amount of any costs and expenses incurred by the authorised person as a result of the taking of those measures is recoverable in a court of competent jurisdiction as a debt due to the Ministerial Corporation from the person on whom the direction was served.
(1) The Minister may, by order published in the Gazette, establish mandatory guidelines with respect to the taking and use of water for domestic consumption and stock watering by landholders authorised to take and use water for either or both of those purposes under:(a) a domestic and stock right, or(b) a domestic and stock access licence.(2) Before establishing any guidelines under this section, the Minister must prepare draft guidelines.(3) The Minister:(a) must give public notice of the draft guidelines, and(b) must exhibit the draft guidelines (together with such other information as is appropriate or necessary to enable the draft guidelines and their implications to be understood) at the places, on the dates and during the times set out in the notice.(4) The public notice referred to in subsection (3) (a):(a) must specify the places at which, the dates on which, and the times during which, the draft guidelines 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 guidelines (the submission period), and(c) must be published in an appropriate newspaper.(5) During the submission period, any person may make written submissions to the Minister on the draft guidelines.(6) After complying with the requirements of this section, the Minister:(a) may establish guidelines under this section in accordance with the draft guidelines, or(b) may establish guidelines under this section in accordance with the draft guidelines, but with such alterations as the Minister thinks fit, or(c) may decide not to proceed with the draft guidelines.(7) The Minister is to cause:(a) a copy of any guidelines established under this section as in force from time to time to be published on the Department’s internet site, and(b) copies of the guidelines as in force from time to time to be made available for inspection by members of the public during ordinary business hours at such places as the Minister directs.(8) A failure to comply with subsection (7) does not affect the validity of any guidelines established under this section.(9) In this section:domestic consumption, in relation to land, includes (but is not limited to) domestic consumption within the meaning of section 52.
stock watering, in relation to land, includes (but is not limited to) stock watering within the meaning of section 52.
336C Contravention of certain directions
(1) A person who fails to comply with a direction under this Part is guilty of an offence.Tier 2 penalty.
(2) For the avoidance of doubt, a person fails to comply with a direction under this Part if the direction requires compliance within a specified period and the direction is not fully complied with within that period.
336D Prior notice of direction not required
The Minister is not required to notify any person who may be affected by a direction under this Part before giving the direction.
Part 2 Other enforcement powers
337 Purposes for which powers under Part may be exercised
(1) Powers may be exercised under this Part for any of the following purposes:(a) for determining whether there has been compliance with or a contravention of this Act or the regulations or any access licence, approval, notice or requirement issued or made under this Act,(b) for obtaining information or records for purposes connected with the administration of this Act,(c) generally for administering this Act and protecting the environment.(2) In this Part, a reference to this Act or the regulations extends to the Water Act 1912 and the regulations under that Act.(3) For the purpose of applying this Part to the Water Act 1912 and the regulations under that Act, references to this Act in section 390 of this Act, and in the definition of authorised officer in the Dictionary to this Act, extend to the Water Act 1912 and the regulations under that Act.
337A Effect on other functions
Nothing in this Part affects any function under any other provision of this Act or under any other Act.
337B Extended meaning of “occupier”
In this Part, occupier, in relation to land, includes any person having the care, control or management of the land.
Division 2 Powers to require information or records
This Division applies whether or not a power of entry under Division 3 is being or has been exercised.
338A Powers of authorised officers to require information and records
(1) The Minister may, by notice in writing given to a person, require the person to furnish to the Minister such information or records (or both) as he or she may require for the purposes of this Act.(2) An authorised officer may, by notice in writing given to a person, require the person to furnish to the officer such information or records (or both) as he or she may require for the purposes of this Act.(3) A notice under this Division must specify the manner in which information or records are required to be furnished and a reasonable time by which the information or records are required to be furnished.(4) A notice under this Division may only require a person to furnish existing records that are in the person’s possession or that are within the person’s power to obtain lawfully.(5) The person to whom any record is furnished under this Division may take copies of it.(6) If any record required to be furnished under this Division is in electronic, mechanical or other form, the notice requires the record to be furnished in written form, unless the notice otherwise provides.
338B Power of authorised officers to require answers
(1) An authorised officer may require a person whom the authorised officer suspects on reasonable grounds to have knowledge of matters in respect of which information is reasonably required for the purposes of this Act to answer questions in relation to those matters.(2) The Minister may, by notice in writing, require a corporation to nominate, in writing within the time specified in the notice, a director or officer of the corporation to be the corporation’s representative for the purpose of answering questions under this section.(3) Answers given by a person nominated under subsection (2) bind the corporation.(4) An authorised officer may, by notice in writing, require a person to attend at a specified place and time to answer questions under this section if attendance at that place is reasonably required in order that the questions can be properly put and answered.(5) The place and time at which a person may be required to attend under subsection (4) is to be:(a) a place or time nominated by the person, or(b) if the place and time nominated is not reasonable in the circumstances or a place and time is not nominated by the person, a place and time nominated by the authorised officer that is reasonable in the circumstances.
(1) An authorised officer may cause any questions and answers to questions given under this Division to be recorded if the officer has informed the person who is to be questioned that the record is to be made.(2) A record may be made using sound recording apparatus or audio visual apparatus, or any other method determined by the authorised officer.(3) A copy of any such record must be provided by the authorised officer to the person who is questioned as soon as practicable after it is made.(4) A record may be made under this section despite the provisions of any other law.
338D Power of authorised officers to demand name and address
(1) An authorised officer may require a person whom the authorised officer suspects on reasonable grounds to have committed, or to be committing, an offence against this Act or the regulations to state his or her full name and residential address.(2) An authorised officer may request a person who is required under this section to state his or her full name and residential address to provide proof of the name and address. It is not an offence to fail to comply with any such request.(3) A person who, being required to do so under this section:(a) refuses to state his or her name or residential address, or(b) states a name or residential address that in the opinion of the authorised officer is false,may without any other warrant than this Act be apprehended by the authorised officer and taken before a Magistrate or authorised officer within the meaning of the Criminal Procedure Act 1986 to be dealt with according to law.(4) A Magistrate or authorised officer before whom a person is taken under subsection (3) may grant the person bail in accordance with the Bail Act 1978 as if the person were accused of an offence.
Division 3 Powers of entry and search of premises
339 Powers of authorised officers to enter premises
(1) An authorised officer may enter any premises at any reasonable time.(2) A power to enter premises conferred by this Act authorises entry by foot, by vehicle, vessel or aircraft or by any other means.(3) Entry may be effected under this Act by an authorised officer with the aid of such police officers as the authorised officer considers necessary and with the use of reasonable force.(4) Entry may be effected to any premises with the authority of a search warrant under section 339C.
339A Entry into residential premises only with permission or warrant
This Division does not empower an authorised officer to enter any part of premises used only for residential purposes without the permission of the occupier or the authority of a search warrant under section 339C.
339B Powers of authorised officers to do things at premises
(1) An authorised officer may, at any premises lawfully entered, do anything that in the opinion of the authorised officer is necessary to be done for the purposes of this Division, including (but not limited to) the things specified in subsection (2).(2) An authorised officer may do any or all of the following:(a) examine and inspect any works,(b) take and remove samples,(c) make such examinations, inquiries and tests as the authorised officer considers necessary,(d) take such photographs, films, audio, video and other recordings as the authorised officer considers necessary,(e) require records to be produced for inspection,(f) examine and inspect any records,(g) copy any records,(h) seize anything that the authorised officer has reasonable grounds for believing is connected with an offence against this Act or the regulations,(i) for the purposes of paragraph (h), direct the occupier of the premises where the thing is seized to retain it at those premises or at another place under the control of the occupier,(j) do any other thing the authorised officer is empowered to do under this Division.(3) The power to seize anything connected with an offence includes a power to seize:(a) a thing with respect to which the offence has been committed, and(b) a thing that will afford evidence of the commission of the offence, and(c) a thing that was used for the purpose of committing the offence.(4) In this section, a reference to an offence includes a reference to an offence that there are reasonable grounds for believing has been committed.
(1) An authorised officer under this Act may apply to an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 for the issue of a search warrant if the authorised officer under this Act believes on reasonable grounds that:(a) a provision of this Act or the regulations is being or has been contravened at any premises, or(b) there is in or on any premises matter or a thing that is connected with an offence under this Act or the regulations.(2) An authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an authorised officer under this Act named in the warrant:(a) to enter the premises, and(b) to exercise any function of an authorised officer under this Division.(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.(4) In this section:matter or a thing connected with an offence means:
(a) a matter or a thing with respect to which the offence has been committed, or(b) a matter or a thing that will afford evidence of the commission of an offence, or(c) a matter or a thing that was used, or is intended to be used, for the purpose of committing the offence.offence includes an offence that there are reasonable grounds for believing has been, or is to be, committed.
339D Authorised officers may request assistance
A person may accompany an authorised officer and take all reasonable steps to assist an authorised officer in the exercise of the authorised officer’s functions under this Division if the authorised officer is of the opinion that the person is capable of providing assistance to the authorised officer in the exercise of those functions.
339E Assistance to be given to authorised officers
(1) This section applies for the purpose of enabling an authorised officer to exercise any of the powers of an authorised officer under this Division in connection with any premises.(2) The Minister may, by notice in writing given to the owner or occupier of the premises, require the owner or occupier to provide such reasonable assistance and facilities as are specified in the notice within a specified time and in a specified manner.(3) Assistance and facilities can be required under this section, whether they are of the same kind as, or a different kind from, any prescribed by the regulations.
In the exercise of a power of entering or searching premises under this Division, the authorised officer must do as little damage as possible.
The Minister must compensate all interested parties for any damage caused by the authorised officer in exercising a power of entering premises (but not any damage caused by the exercise of any other power), unless the occupier obstructed or hindered the authorised officer in the exercise of the power of entry.
(1) Every authorised officer is to be provided with evidence of his or her authority as an authorised officer.(2) In the course of exercising the functions of an authorised officer, the officer must, if requested to do so by any person affected by the exercise of any such function, produce to the person the officer’s evidence of authority.
(1) A person must not, without lawful excuse, neglect or fail to comply with a requirement made of the person under this Part.Tier 2 penalty.
(2) A person must not furnish any information or do any other thing in purported compliance with a requirement made under this Part, knowing that it is false or misleading in a material respect.Tier 2 penalty.
(3) A person must not threaten, hinder, obstruct or delay an authorised officer in the exercise of the authorised officer’s powers under this Part.Tier 2 penalty.
(4) A person must not impersonate an authorised officer.Tier 2 penalty.
340B Provisions relating to requirements to furnish records, information or answer questions
(1) A person is not guilty of an offence of failing to comply with a requirement under this Part to furnish records or information or to answer a question unless the person was warned on that occasion that a failure to comply is an offence.(2) A person is not excused from a requirement under this Part to furnish records or information or to answer a question on the ground that the record, information or answer might incriminate the person or make the person liable to a penalty.(3) However, any information furnished or answer given by a natural person in compliance with a requirement under this Part is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under this Part) if:(a) the person objected at the time to doing so on the ground that it might incriminate the person, or(b) the person was not warned on that occasion that the person may object to furnishing the information or giving the answer on the ground that it might incriminate the person.(4) Any record furnished by a person in compliance with a requirement under this Part is not inadmissible in evidence against the person in criminal proceedings on the ground that the record might incriminate the person.(5) Further information obtained as a result of a record or information furnished or of an answer given in compliance with a requirement under this Part is not inadmissible on the ground:(a) that the record or information had to be furnished or the answer had to be given, or(b) that the record or information furnished or answer given might incriminate the person.(6) This section extends to a requirement under this Part to state a person’s name and address.
(1) A notice given under this Part may be revoked or varied by a subsequent notice or notices.(2) A notice may be varied by modification of, or addition to, its terms and specifications.(3) Without limiting the above, a notice may be varied by extending the time for complying with the notice.(4) A notice may only be revoked or varied by the Minister or by the person who gave it.
342 Destruction, damage and interference with certain works
(1) A person must not destroy, damage or interfere with:(a) any work that is owned by, or is under the control and management of, the Minister, the Ministerial Corporation, a water supply authority, an irrigation corporation, a private irrigation board, a private drainage board or a private water trust, or(b) any mark, peg, stake or level fixed for the purposes of this Act.Tier 2 penalty.
(2) A person must not deposit anything in any work that is owned by, or is under the control and management of, the Minister, the Ministerial Corporation, a water supply authority, an irrigation corporation, a private irrigation board, a private drainage board or a private water trust.Tier 2 penalty.
(3) A person is not guilty of an offence against this section if the person establishes that the act giving rise to the alleged offence was done with lawful authority.
343 Taking water from public or private works
(1) A person must not take water from any water supply work that is owned by, or is under the control and management of, the Minister, the Ministerial Corporation, a water supply authority, an irrigation corporation, a private irrigation board, a private drainage board or a private water trust, except with the authority of the Minister, that corporation, board, authority or trust.Tier 2 penalty.
(2) A person is not guilty of an offence against this section if the person establishes that the act giving rise to the alleged offence was done with lawful authority.(3) In subsection (1), a reference to a water supply work, in relation to a water supply authority, is a reference to a water supply work within the meaning of Part 2 of Chapter 6.
344 False or misleading information
A person must not, in or in connection with any application under this Act or the regulations, make a statement that the person knows to be false or misleading in a material particular.Tier 2 penalty.
345 Harm to aquifers and waterfront land
(1) A person who harms an aquifer or waterfront land, and does so intentionally or negligently, is guilty of an offence.Tier 1 offence.
(2) A person who harms an aquifer or waterfront land is guilty of an offence.Tier 2 offence.
(3) It is a defence to a prosecution under this section if the accused person establishes that the conduct that harmed the aquifer or waterfront land:(a) was essential for the carrying out of:(i) development in accordance with a development consent within the meaning of the Environmental Planning and Assessment Act 1979, or(ii) an activity by a determining authority within the meaning of Part 5 of that Act if the determining authority has complied with that Part, or(iii) an activity in accordance with an approval of a determining authority within the meaning of Part 5 of that Act if the determining authority has complied with that Part, or(iv) a project approved under Part 3A of that Act, or(b) was authorised to be done by or under the State Emergency and Rescue Management Act 1989 or the State Emergency Service Act 1989 and was reasonably necessary in order to avoid a threat to life or property, or(c) was authorised to be done by or under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act.(4) In this section, harm, in relation to an aquifer or waterfront land, means any act or omission that adversely affects, the capacity of the aquifer or waterfront land to hold or carry water.
A person must not construct a water bore of any kind otherwise than in accordance with a bore driller’s licence that is held by that person and that authorises the person to construct water bores of that kind.Tier 2 penalty.
A person who:(a) causes or permits the commission of an offence against this Act or the regulations, or(b) aids, abets, counsels or procures another person to commit an offence against this Act or the regulations, or(c) attempts to commit an offence against this Act or the regulations, or(d) conspires to commit an offence against this Act or the regulations,is guilty of that offence and liable to the penalty prescribed by this Act or the regulations in relation to that offence.
Part 3A Court orders in connection with offences
(1) This Part applies where a court finds a person guilty of an offence against this Act.(2) In this Part:harm to the environment includes harm to any water source or to any waterfront land.
the court means the court that finds the offence proved.
the offender means the person who is found to have committed the offence.
(1) One or more orders may be made under this Part against the offender.(2) Orders may be made under this Part in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence.
353B Orders for restoration and prevention
The court may order the offender to take such steps as are specified in the order, within such time as is so specified (or such further time as the court on application may allow):(a) to prevent, control, abate or mitigate any harm to the environment caused by the commission of the offence, or(b) to make good any resulting environmental damage, or(c) to prevent the continuance or recurrence of the offence.
353C Orders for costs, expenses and compensation at time offence proved
(1) The court may, if it appears to the court that:(a) a public authority has incurred costs and expenses in connection with:(i) the prevention, control, abatement or mitigation of any harm to the environment caused by the commission of the offence, or(ii) making good any resulting environmental damage, or(b) a person (including a public authority) has, by reason of the commission of the offence, suffered loss of or damage to property or has incurred costs and expenses in preventing or mitigating, or in attempting to prevent or mitigate, any such loss or damage,order the offender to pay to the public authority or person the costs and expenses so incurred, or compensation for the loss or damage so suffered, as the case may be, in such amount as is fixed by the order.(2) A Local Court may not make an order under subsection (1) for the payment of an amount that exceeds the jurisdictional limit of a Local Court under the Civil Procedure Act 2005.
353D Recovery of costs, expenses and compensation after offence proved
(1) If, after the court finds the offence proved:(a) a public authority has incurred costs and expenses in connection with:(i) the prevention, control, abatement or mitigation of any harm to the environment caused by the commission of the offence, or(ii) making good any resulting environmental damage, or(b) a person (including a public authority) has, by reason of the commission of the offence, suffered loss of or damage to property or has incurred costs and expenses in preventing or mitigating, or in attempting to prevent or mitigate, any such loss or damage,the public authority or person may recover from the offender the costs and expenses incurred or the amount of the loss or damage in the Land and Environment Court.(2) The amount of any such costs and expenses (but not the amount of any such loss or damage) may be recovered as a debt.
353E Orders regarding costs and expenses of investigation
(1) The court may, if it appears to the court that the Minister has reasonably incurred costs and expenses during the investigation of the offence, order the offender to pay to the Minister the costs and expenses so incurred in such amount as is fixed by the order.(2) In this section:costs and expenses, in relation to the investigation of an offence, means the costs and expenses:
(a) in taking any sample or conducting any inspection, test, measurement or analysis, or(b) of transporting, storing or disposing of evidence,during the investigation of the offence.
353F Orders regarding monetary benefits
(1) The Land and Environment Court may order the offender to pay, as part of the penalty for committing the offence, an additional penalty of an amount the court is satisfied, on the balance of probabilities, represents the amount of any monetary benefits acquired by the offender, or accrued or accruing to the offender, as a result of the commission of the offence.(2) The amount of an additional penalty for an offence is not subject to any maximum amount of penalty provided elsewhere by or under this Act.(3) In this section:monetary benefits means monetary, financial or economic benefits.
the court does not include a Local Court.
(1) The court may do any one or more of the following:(a) it may order the offender to take specified action to publicise the offence (including the circumstances of the offence) and its environmental and other consequences and any other orders made against the offender,(b) it may order the offender to carry out, or contribute a specified amount to the cost of carrying out, a specified project for the restoration or enhancement of the environment in a public place or for the public benefit,(c) it may order the offender to attend, or cause an employee or employees or a contractor or contractors of the offender to attend, a training or other course specified by the court.(2) A Local Court is not authorised to make an order referred to in subsection (1) (b) or (c).(3) The court may, in an order under this section, fix a period for compliance and impose any other requirements the court considers necessary or expedient for enforcement of the order.(4) If the offender fails to comply with an order under subsection (1) (a), the prosecutor or a person authorised by the prosecutor may take action to carry out the order.(5) The reasonable cost of taking action referred to in subsection (4) is recoverable by the prosecutor or person taking the action, in a court of competent jurisdiction, as a debt from the offender.
A person who fails to comply with an order under this Part (except an order under section 353C, 353D or 353E) is guilty of an offence.Tier 2 penalty.
Part 4 Recovery of rates, charges and other money
Division 1 Recovery of rates, charges and other amounts by charging authorities
In this Part, charging authority means the Minister, an irrigation corporation, a private irrigation board, a private drainage board, a private water trust or a water supply authority.
355 Certain rates and charges to be a charge on land
(1) A rate or charge imposed on the owner of any land is a charge on the land to which the charge relates.(2) A charge imposed for a service or thing supplied or provided in connection with a specific parcel of land is a charge on the land.
356 Interest on rates and charges
A charging authority may charge interest on overdue rates and charges at a rate not exceeding the rate of interest payable for the time being on an unpaid judgment of the Supreme Court.
357 Recovery of rates, charges and other money
(1) Any rate or charge or other money due to a charging authority under this Act may be recovered in any court of competent jurisdiction as if it were a debt due to the charging authority.(2) An unsatisfied judgment or order of any court for the recovery of any rate or charge from any person is not a bar to its recovery from any other person who is liable under this Act for its payment.
(1) If land is owned or held jointly by two or more persons, such persons are jointly and severally liable to the charging authority for the rate, but as between themselves each are only be liable for such part of the rate as is proportionate to his or her interest in the land.(2) If any of such persons pays to the charging authority more than his or her proportionate part, he or she may recover the excess by way of contribution from the others.
359 Sale of land for unpaid rates and charges
(1) This section applies to rates and charges imposed under this Act by the Minister or by a water supply authority.(2) The provisions of Division 5 of Part 2 of Chapter 17 of the Local Government Act 1993 apply to land in respect of which a rate or charge (being a rate or charge that is, by virtue of this Part, a charge on land) remains unpaid in the same way as they apply to land in respect of which rates and charges under that Act remain unpaid.(3) For the purpose of applying the provisions of Division 5 of Part 2 of Chapter 17 of the Local Government Act 1993 to land in respect of which a rate or charge remains unpaid:(a) a reference in those provisions to a council is to be read as a reference to the Minister or to a water supply authority, as the case requires, and(b) a reference to a general manager or public officer is to be read as a reference to the Director-General or to the principal officer of a water supply authority, as the case requires, and(c) a reference to a member of staff of a council is to be read as a reference to a member of staff of the Department or to an employee of a water supply authority, as the case requires, and(d) a reference to a rating authority is to be read as including a reference to a council.
360 Certificate as to amount due
(1) A charging authority must, on written application being made to it and payment of the fee determined by it, issue to the applicant a certificate:(a) containing particulars of any amounts payable to the authority in respect of a parcel of separately assessed land, or(b) to the effect that there are no such amounts.(2) An application for a certificate must:(a) specify the name and address of the applicant, and(b) identify the land to which the application relates.(3) Such a certificate is conclusive proof, in favour of a purchaser in good faith and for value of the land to which the certificate relates that, at the date of its issue, no amounts were payable to the charging authority in respect of that land other than such amounts as are specified in the certificate.
361 Liability where an estate or interest is transferred
(1) A person who disposes of his or her estate or interest in any land in respect of which any rates or charges have been or may be levied remains liable for rates or charges to the same extent as if the person had not disposed of his or her estate or interest in the land, if the rates or charges are levied either:(a) before the person disposed of his or her estate or interest in the land, or(b) before the person has given to the charging authority the prescribed notice of disposal.(2) If any person who disposes of land to another person pays any amount to the charging authority in respect of rates or charges levied after the land disposed of but before the prescribed notice is given to the authority, the person by whom the amount was paid may recover the amount from the person to whom the land was disposed.(3) As between an owner of land and any other person from or to whom the owner derives or disposes of his or her estate or interest in the land, rates or charges under this Act are to be considered as accruing from day to day and are apportionable accordingly.
362 Liability where a person becomes entitled to an estate or interest
(1) An owner of land is liable for all arrears of rates and charges owing by any previous owner of the land, despite the fact that the new owner acquired the land after the rates or charges were levied.(2) If any person who becomes an owner of land pays to the charging authority any rates or charges in respect of that land that were levied before the person became the owner, the person may recover from the previous owner such part of the rates or charges as was levied in respect of the period during which the previous owner was the owner of the land.
Division 2 Provisions relating to access licences
(1) If an access licence is co-held by two or more co-holders, those co-holders are jointly and severally liable to the Minister for the fees, charges and civil penalties relating to the licence, but as between themselves each are only liable for such part of those fees, charges and civil penalties as is proportionate to his or her interest in the licence.(2) If any of those co-holders pays to the Minister more than his or her proportionate part, he or she may recover the excess by way of contribution from the others.
362B Certificate as to charges outstanding in relation to access licences
(1) The Minister may, in relation to any access licence, issue a certificate to the effect that, as at the date on which the certificate is issued:(a) a specified amount is payable in relation to the access licence pursuant to fees, charges and civil penalties imposed under this Act, or(b) no amount is so payable.(2) Such a certificate is conclusive proof that, as at the date on which it was issued, no amounts were payable in respect of the access licence other than such amounts as are specified in the certificate.
362C Unpaid fees, charges and civil penalties
(1) Any civil penalty imposed by the Minister under this Act that remains unpaid is recoverable in any court of competent jurisdiction as a debt due to the Crown.(2) If a fee, charge or civil penalty imposed by the Minister under this Act relates to an access licence, the fee, charge or civil penalty may be recovered from the holder of the licence who incurred the fee, charge or penalty or the holder of the licence for the time being.(3) Despite subsection (2), if a person surrenders an access licence, any fee, charge or civil penalty imposed by the Minister under this Act that relates to the licence may be recovered from that person.
Part 5 Legal proceedings and appeals
(1) If a corporation commits an offence against this Act or the regulations:(a) each person who is a director of the corporation, and(b) each person who is concerned in the management of the corporation,is taken to have committed the same offence if the person knowingly authorised or permitted the act or omission constituting the offence.(2) A person may be proceeded against and convicted under this section whether or not the corporation has been proceeded against or convicted.(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation.
363A Offences by joint holders of access licence or approval
(1) If an offence against this Act or the regulations arises in relation to an access licence or approval, each co-holder of the licence or approval is taken to have committed the offence.(2) A co-holder of a licence or approval is not guilty of such an offence if the co-holder establishes that:(a) the offence was committed by some other person (whether or not another co-holder of the licence or approval), and(b) the other person was not associated with the co-holder at the time the offence was committed, and(c) the co-holder took all reasonable steps to prevent the offence from being committed.(3) A person is associated with a co-holder of a licence or approval for the purposes of subsection (2) (b) (but without limiting any other circumstances of association) if the person is an employee, agent, licensee, contractor or sub-contractor of the co-holder.(4) A person may, under this section, be proceeded against and convicted for an offence whether or not any other person has been proceeded against or convicted for the offence.
For the purposes of this Act:(a) a Tier 1 penalty corresponds to a maximum penalty of:(i) in the case of a corporation, 20,000 penalty units and, in the case of a continuing offence, a further penalty of 2,400 penalty units for each day the offence continues, or(ii) in any other case, imprisonment for 2 years or 10,000 penalty units, or both, and, in the case of a continuing offence, a further penalty of 1,200 penalty units for each day the offence continues, and(b) a Tier 2 penalty corresponds to a maximum penalty of:(i) in the case of a corporation, 10,000 penalty units and, in the case of a continuing offence, a further penalty of 1,200 penalty units for each day the offence continues, or(ii) in any other case, 2,250 penalty units and, in the case of a continuing offence, a further penalty of 600 penalty units for each day the offence continues, and(c) a Tier 3 penalty corresponds to a maximum penalty of 100 penalty units.
(1) Proceedings for an offence against this Act or the regulations are to be disposed of summarily:(a) by a Local Court, or(b) by the Land and Environment Court in its summary jurisdiction.(2) Proceedings for an offence against this Act or the regulations may be commenced at any time within, but not later than, 3 years after the date on which the offence is alleged to have been committed.(3) Proceedings for an offence against this Act or the regulations may also be commenced at any time within, but not later than, 3 years after the date on which evidence of the alleged offence first came to the attention of any relevant authorised officer.(4) If subsection (3) is relied on for the purpose of commencing proceedings for an offence, the process by which the proceedings are commenced must contain particulars of the date on which evidence of the offence first came to the attention of any relevant authorised officer and need not contain particulars of the date on which the offence was committed.(5) The date on which evidence first came to the attention of any relevant authorised officer is the date specified in the process by which the proceedings are commenced, unless the contrary is established.(6) The maximum monetary penalty that may be imposed by a Local Court in proceedings for an offence against this Act or the regulations is:(a) the lesser of the following:(i) 100 penalty units (for an offence committed by a corporation) or 50 penalty units (in any other case),(ii) the maximum monetary penalty specified in respect of the offence, and(b) in the case of a continuing offence, 10 per cent of the further monetary penalty specified in respect of the offence for each day the offence continues.(7) The maximum penalty that may be imposed by the Land and Environment Court in proceedings for an offence against this Act or the regulations is the maximum penalty specified in respect of the offence.(8) In this section, evidence of an offence means evidence of any act or omission constituting the offence.
364A Matters to be considered in imposing penalty
(1) In imposing a penalty on a person for an offence against this Act or the regulations, the court is to take into consideration the following (so far as they are relevant):(a) the impact of the offence on other persons’ rights under this Act,(b) the market value of any water that has been lost, misused or unlawfully taken as a consequence of the commission of the offence,(c) the extent of the harm caused or likely to be caused to the environment (including, in particular, any water source or waterfront land) by the commission of the offence,(d) the practical measures that may be taken to prevent, control, abate or mitigate that harm,(e) the extent to which the person could reasonably have foreseen the harm caused or likely to be caused to the environment by the commission of the offence,(f) the extent to which the person had control over the causes that gave rise to the offence,(g) whether the offence was committed during a severe water shortage (that is, in contravention of an order in force under section 49A or 324),(h) the person’s intentions in committing the offence,(i) whether, in committing the offence, the person was complying with orders from an employer or supervising employee,(j) in the case of an offence of taking water in contravention of this Act, whether the water so taken had been released for environmental purposes and, if so, whether the person was aware of that fact,(k) any civil penalty that has been imposed on the person under section 60G in relation to the conduct from which the offence arises.(2) The court may take into consideration other matters that it considers relevant.
365 Penalty notices for certain offences
(1) In this section:penalty notice means a notice to the effect that, if the person served with the notice does not wish to have an alleged offence dealt with by a court, the person may pay, in accordance with the notice, the penalty specified in the notice.
penalty notice offence means an offence against this Act or the regulations that is declared by the regulations to be a penalty notice offence.
(2) An authorised officer may serve a penalty notice on a person who appears to the authorised officer to have committed a penalty notice offence.(3) The amount of the penalty to be specified in a penalty notice is the amount prescribed by the regulations for the alleged offence, being an amount not exceeding the maximum penalty which could be imposed for the offence by a court.(4) A penalty notice may be served personally or by post.(5) If the amount of the penalty prescribed by the regulations for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.(6) Payment of a penalty under this section is not to be regarded as an admission of liability for the purposes of, nor is in any way to affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.(7) The Ministerial Corporation may withdraw a penalty notice at any time within 28 days after the date on which it was served and, in that event:(a) the amount payable under the notice ceases to be payable, and(b) any amount that has been paid under the notice is repayable to the person by whom it was paid, and(c) further proceedings for the offence in respect of which the notice was served may be taken against any person (including the person on whom the notice was served) as if the notice had never been served.(8) This section does not limit the operation of any other provision of this or any other Act or law in relation to proceedings that may be taken in respect of offences.
(1) A person who is guilty of an offence because the person contravenes a requirement made by or under this Act or the regulations (whether the requirement is imposed by a notice or otherwise) to do or stop doing something (whether or not within a specified period or before a particular time):(a) continues, until the requirement is complied with and despite the fact that any specified period has expired or time has passed, to be liable to comply with the requirement, and(b) is guilty of a continuing offence for each day the contravention continues.(2) This section does not apply to the extent that a requirement of a notice is revoked.
366 Legal proceedings do not affect, and are unaffected by, other action under this Act
The prosecution of a person for an offence against this Act or the regulations, or the issue of a penalty notice in respect of such an offence, does not affect, and is unaffected by, any other action taken under this Act in relation to the act or omission giving rise to the offence.
(1) A certificate that is issued by the Minister and that states:(a) that an instrument, a copy of which is set out in or annexed to the certificate, being an instrument purporting:(i) to be issued, made or given for the purposes of this Act, and(ii) to have been signed by the person authorised to issue, make or give the instrument, or by another person acting as delegate or on behalf of the person,was issued, made or given on a specified day, or(b) that a document, a copy of which is set out in or annexed to the certificate, is a copy of part of, or an extract from, a register or water allocation account kept under this Act, or(c) that an image, a copy of which is set out in or annexed to the certificate:(i) is a photograph or other remotely-sensed image of a specified kind, and(ii) portrays specified land as at a specified date, or(d) that an amount payable under this Act by a specified person has, or has not, been paid,is admissible in any legal proceedings and is evidence of the fact or facts so stated.(2) A certificate that is issued by the Minister and that states that, on a date or during a period specified in the certificate:(a) a specified person was, or was not, the holder of a specified access licence or approval, or(b) a specified access licence or approval was, at a specified time, revoked or suspended for a specified period or was revoked or suspended subject to specified conditions, or(c) a specified condition of an access licence or approval was, at a specified time, imposed or revoked, or(d) specified land was, or was not, the subject of a specified approval, or(e) specified land was, or was not, within a specified water management area, or(f) a specified part of a water source was, or was not, within a specified water management area, or(g) a specified water management work was, or was not, at a specified location within a specified parcel of land, or(h) a specified water management work was, or was not, the subject of a specified water management work approval, or(i) the conditions of a specified access licence or approval were, or were not, as so specified, or(j) the terms of a specified available water determination were, or were not, as so specified, or(k) a specified person was, or was not, an authorised officer in relation to a specified provision of this Act, or(l) a specified person was, or was not, an authorised analyst, or(m) a specified person was, or was not, a member of staff of the Department, or(n) a specified delegation under this Act was, or was not, in force, or(o) a specified access licence or approval was, or was not, in force, or(p) specified matters were, or were not, recorded in the Access Register or were, or were not, recorded in specified terms, or(q) the water allocations credited to a specified access licence were, or were not, as so specified, or(r) a specified number of water allocations were, or were not, credited to, or debited or otherwise withdrawn from, a specified access licence, or(s) a specified quantity of water was, or was not, ordered in relation to a specified access licence, or(t) information required to be furnished to the Minister or an authorised officer pursuant to this Act was, or was not, received, or(u) an approved river gauge had, or had not, been maintained in accordance with the requirements (if any) prescribed by the regulations, or(v) the readings on an approved river gauge were, or were not, as so specified,is admissible in any legal proceedings and is evidence of the fact or facts so stated.(3) In any legal proceedings, evidence is not required:(a) as to the accuracy or reliability of an approved river gauge, or(b) as to the manner in which an approved river gauge was operated,unless evidence is adduced that the gauge was not accurate, was not reliable or was not properly operated.(4) For the purposes of this section, a document purporting to be a certificate under this section is, unless the contrary is proved, to be taken to be such a certificate.(5) In this section, approved river gauge means a gauge of a type or design approved by the Minister, by order published in the Gazette, for the purpose of measuring the level or flow of water in a river or lake.
(1) A certificate of an authorised analyst stating the result of an analysis or examination is admissible in evidence in any legal proceedings as evidence of the facts stated in the certificate and the correctness of the result of the analysis or examination.(2) A certificate of an authorised analyst that, on receipt of a container containing a sample submitted to the analyst by an authorised officer or any other person, the container was sealed and the seal securing the container was unbroken is admissible in evidence in any legal proceedings as evidence:(a) of the facts stated in the certificate, and(b) that the sample was the same sample as the one obtained by the authorised officer or other person, and(c) that the sample had not been tampered with before it was received by the analyst.(3) For the purposes of this section, a document purporting to be a certificate under this section is, unless the contrary is proved, to be taken to be such a certificate.
(1) In any proceedings for an offence against this Act or the regulations being taken against a landholder:(a) the fact that a water management work is or has been located:(i) on the landholder’s land, or(ii) in a river or lake within the landholder’s land,gives rise to a rebuttable presumption that the work was constructed by the landholder, and(b) the fact that a water management work is being or has been used:(i) on the landholder’s land, or(ii) in a river or lake within the landholder’s land,gives rise to a rebuttable presumption that the work is being or has been used by the landholder, and(c) the fact that water is being or has been taken from a water source by means of a water supply work situated:(i) on the landholder’s land, or(ii) in a river or lake within the landholder’s land,gives rise to a rebuttable presumption that the water is being or has been taken by the landholder, and(d) the fact that water is being or has been discharged into a water source by means of a drainage work situated on the landholder’s land gives rise to a rebuttable presumption that the water is being or has been discharged by the landholder, and(e) the fact that water is being or has been used on the landholder’s land gives rise to a rebuttable presumption that the water is being or has been used by the landholder, and(f) the fact that a controlled activity is being or has been carried out on waterfront land within the landholder’s land gives rise to a rebuttable presumption that the activity is being or has been carried out by the landholder, and(g) the fact that an aquifer interference activity is being or has been carried out on the landholder’s land gives rise to a rebuttable presumption that the activity is being or has been carried out by the landholder.(2) In any proceedings for an offence against this Act or the regulations being taken against the holder of an approval for a water supply work, the fact that water is being or has been taken from a water source:(a) by means of the work, or(b) through metering equipment installed in connection with the work,gives rise to a rebuttable presumption that the holder of the approval is or has been using the work to take water from that water source.(3) In any proceedings for an offence against this Act or the regulations, the fact that a work of the kind referred to in:(a) the definition of drainage work in the Dictionary, or(b) paragraph (a), (b) or (c) of the definition of water supply work in the Dictionary,is capable of being used for the purpose referred to in that provision gives rise to a rebuttable presumption that the work has been constructed or used for that purpose.(4) This section does not limit the operation of section 60E or 91L.
368 Appeals to Land and Environment Court
(1) An appeal lies to the Land and Environment Court against any of the following decisions made by the Minister:(a) a decision refusing to grant an access licence,(b) a decision granting a designated access licence, if the appellant was an objector to the granting of the licence,(c) a decision imposing a discretionary condition on an access licence,(d) a decision fixing the term of an access licence,(e) a decision refusing consent to a dealing in an access licence,(f) a decision suspending or cancelling an access licence,(fa) a decision:(i) in relation to the recording of any matter in the Access Register, or(ii) in relation to the issue of any access licence certificate,(g) a decision refusing to grant an approval, other than a decision refusing to accept an application for an approval,(h) a decision granting a designated approval, if the appellant was an objector to the granting of the approval,(i) a decision imposing a discretionary condition on an approval,(j) a decision fixing the term of an approval,(k) a decision refusing to amend an approval in accordance with an application made by its holder,(l) a decision suspending or cancelling an approval,(la) a decision ordering an irrigation corporation to pay a civil penalty to the Minister,(m) a decision ordering a major utility or local water utility to pay a civil penalty to the Minister,(ma) a decision under section 60G,(n) a decision to give a direction to a person under Part 1,(o) a decision as to a person’s entitlement to compensation for damage arising from the exercise of a power of entry under Part 2.(2) Despite subsection (1):(a) no appeal lies against any decision made by the Minister on an application to which an objection has been made if:(i) in the case of the applicant, the Minister has dismissed the application as a consequence of the applicant having failed to participate in mediation or neutral evaluation proceedings, or(ii) in the case of the objector, the Minister has dismissed the objection as a consequence of the objector having failed to participate in mediation or neutral evaluation proceedings, and(b) no appeal lies against any decision made by the Minister pursuant to a report from a Commission of Inquiry under section 119 of the Environmental Planning and Assessment Act 1979.(3) An appeal is to be made in accordance with rules of court, but may not be made more than 28 days after the date on which the decision was made.(4) In addition to the appellant and the Minister:(a) the parties to an appeal made by an applicant for a designated access licence or designated approval against a decision refusing to grant the licence or approval include any objector to the granting of the licence or approval who, in accordance with rules of court, gives notice to the Land and Environment Court of the objector’s wish to become a party to the appeal, and(b) the parties to an appeal made by an objector to the granting of a designated access licence or designated approval against a decision granting the licence or approval include the applicant for the licence or approval.(5) The lodging of an appeal does not operate to stay action on the decision appealed against, except to the extent that the Land and Environment Court otherwise directs.(6) In this section:designated access licence means an access licence to which a person has a right of objection under section 62.
designated approval means an approval to which a person has a right of objection under section 93.