(Section 4)
access licence means an access licence referred to in section 56, and includes a renewal of an access licence.
activity approval means a controlled activity approval or an aquifer interference approval.
approval means a water use approval, a water management work approval or an activity approval, and includes a renewal of an approval.
aquifer means a geological structure or formation, or an artificial landfill, that is permeated with water or is capable of being permeated with water.
aquifer interference activity means:
(a) the penetration of an aquifer, or
(b) the interference with water in an aquifer, or
(c) the obstruction of the flow of water in an aquifer.
aquifer interference approval means an approval referred to in section 91 (3).
authorised officer, in relation to a provision of this Act, means a person authorised by the Minister to exercise the functions conferred on an authorised officer by that provision, whether generally or in a particular case.
available water, in relation to a water management area or water source, means the water that is available in that area or water source in accordance with an available water determination that is in force in respect of that area or water source.
available water determination means a determination referred to in section 59.
basic landholder rights means domestic and stock rights, harvestable rights or native title rights.
bulk access regime means a bulk access regime established by a management plan, as referred to in section 20 (1) (d), or by a Minister’s plan, and includes a bulk access regime as varied by the Minister under section 45.
coastal waters of the State has the same meaning as it has in Part 10 of the Interpretation Act 1987.
construct a work includes install, alter or extend the work.
controlled activity means:
(a) the erection of a building or the carrying out of a work (within the meaning of the Environmental Planning and Assessment Act 1979), or
(b) the removal of material (whether or not extractive material) or vegetation from land, whether by way of excavation or otherwise, or
(c) the deposition of material (whether or not extractive material) on land, whether by way of landfill operations or otherwise, or
(d) the carrying out of any other activity that affects the quantity or flow of water in a water source.
controlled activity approval means an approval referred to in section 91 (2).
Crown land has the same meaning as it has in the Crown Lands Act 1989.
Department means the Department of Land and Water Conservation.
development and carry out development have the same meanings as they have in the Environmental Planning and Assessment Act 1979.
development consent has the same meaning as it has in the Environmental Planning and Assessment Act 1979.
Director-General means the Director-General of the Department.
domestic and stock rights means the rights conferred on a landholder by section 52.
drainage work means a work (such as a pump, pipe or channel) that is constructed or used for the purpose of draining water from land, including a reticulated system of such works, and includes all associated pipes, sluices, valves and equipment, but does not include:
(a) any sewage work, or
(b) any work declared by the regulations not to be a drainage work.
drainage work approval means an approval referred to in section 90 (3).
environment includes all aspects of the surroundings of human beings, whether affecting them as individuals or in their social groupings.
environmental water rules means environmental water rules referred to in section 8 (2).
estuary means the waters between the mouth of a river and the coastal waters of the State.
exercise a function includes perform a duty.
extractive material means earth, sand, gravel, rock, mud, clay or any other such substance.
flood work means a work (such as a barrage, causeway, cutting or embankment):
(a) that is situated:(i) in or in the vicinity of a river, estuary or lake, or(ii) within a floodplain, and
(b) that is of such a size or configuration that, regardless of the purpose for which it is constructed or used, it is likely to have a significant effect on:and includes all associated pipes, valves and equipment, but does not include any work declared by the regulations not to be a flood work.(i) the flow of water to or from a river, estuary or lake, or(ii) the distribution or flow of floodwater in times of flood,
flood work approval means an approval referred to in section 90 (4).
floodplain means land declared by the regulations to be a floodplain.
function includes a power, authority and duty.
harvestable rights mean the rights conferred on a landholder by a harvestable rights order.
harvestable rights area means an area of land that is constituted as a harvestable rights area by a harvestable rights order.
harvestable rights order means an order in force under section 54.
implementation program means a program referred to in section 51.
irrigation corporation means an irrigation corporation referred to in Part 1 of Chapter 4.
lake includes:
(a) a wetland, a lagoon, a saltmarsh and any collection of still water, whether perennial or intermittent and whether natural or artificial, and
(b) any water declared by the regulations to be a lake,but does not include any water declared by the regulations not to be a lake.
land includes any water source, and also includes the land on or in which any water source is situated.
landholder, in relation to land, means:
(a) the owner of the land or (if the owner is not in occupation of the land) the lawful occupier of the land, or
(b) the local council, in the case of land that comprises:(i) a public road vested in, or under the control or management of, the local council, or(ii) the site of a work that is, or is proposed to be, constructed for the local council.
landholding means a holding that is owned or occupied by a person (either alone or together with some other person with whom he or she has an association of a kind prescribed by the regulations), being a holding that comprises:
(a) a parcel of land that is separately valued under the Valuation of Land Act 1916, or
(b) two or more such parcels that together form a single area of land (ignoring any division that arises merely because the land is transected by a road or river).
local council means the council of a local government area.
local newspaper, in relation to any area or locality, means a newspaper circulating within that area or locality.
local transfer rules means rules referred to in section 20 (1) (e), whether established by a management plan or Minister’s plan.
local water utility means:
(a) a water supply authority established by this Act, or
(b) a council or county council exercising water supply functions under Division 2 of Part 3 of Chapter 6 of the Local Government Act 1993.
major utility means a person or body referred to in Schedule 2.
management committee means a committee referred to in section 12.
management plan means a plan referred to in section 15 and, in relation to any land that is not within a water management area, or is within a water management area for which there is no relevant management plan, includes a Minister’s plan.
Ministerial Corporation means the Water Administration Ministerial Corporation constituted by section 371.
Minister’s plan means a plan referred to in section 50.
native title holder, in relation to any waters, means a person who holds native title rights in relation to those waters pursuant to a determination under the Native Title Act 1993 of the Commonwealth.
native title rights means non-exclusive rights to take and use water for personal, domestic and non-commercial communal purposes (including the purposes of drinking, food preparation, washing, manufacturing traditional artefacts, watering domestic gardens, hunting, fishing and gathering and recreation, cultural and ceremonial purposes).
owner of land means the only person who, or each person who jointly or severally, at law or in equity:
(a) is entitled to the land for an estate of freehold in possession, or
(b) is a person to whom the Crown has contracted to sell the land under the Crown Lands Act 1989, or
(c) is entitled to receive, or receives, or if the land were let to a tenant would be entitled to receive, the rents and profits of the land, whether as beneficial owner, trustee, mortgagee in possession or otherwise,and, in relation to land of the Crown other than land for which there is an owner under paragraph (b) or (c), means the Crown.
principles of ecologically sustainable development means the principles of ecologically sustainable development described in section 6 (2) of the Protection of the Environment Administration Act 1991.
private drainage board means a private drainage board referred to in Part 3 of Chapter 4.
private irrigation board means a private irrigation board referred to in Part 2 of Chapter 4.
private water trust means a private water trust referred to in Part 4 of Chapter 4.
public authority means:
(a) a Minister of the Crown, or
(b) a Government Department or Administrative Office, or
(c) a statutory body representing the Crown, or
(d) a statutory State owned corporation (or any of its subsidiaries) within the meaning of the State Owned Corporations Act 1989, or
(e) a council or county council within the meaning of the Local Government Act 1993,but does not include any person or body declared by the regulations not to be a public authority.
regulated river means a river that is declared by the Minister, by order published in the Gazette, to be a regulated river.
river includes:
(a) any watercourse, whether perennial or intermittent and whether comprising a natural channel or a natural channel artificially improved, and
(b) any tributary, branch or other watercourse into or from which a watercourse referred to in paragraph (a) flows, and
(c) anything declared by the regulations to be a river,but does not include anything declared by the regulations not to be a river.
sewage work means a work (such as a pump, pipe or channel) that is constructed or used for the purpose of removing sewage or other waste matter from land, including a reticulated system of such works, and includes all associated pipes, sluices, valves and equipment, but does not include any work declared by the regulations not to be a sewage work.
State’s water rights means the rights referred to in section 392 (1).
transfer principles means principles established under section 71 for the transfer of access licences and the water allocations under an access licence.
unregulated river means a river that is not a regulated river.
use a water management work means:
(a) in relation to a water supply work:(i) to operate the work for the purpose of taking water from a water source or supplying land with water taken (whether directly or indirectly) from a water source, or(ii) to allow the work to operate for that purpose, or
(b) in relation to a drainage work:(i) to operate the work for the purpose of draining water from land, or(ii) to allow the work to operate for that purpose, or
(c) in relation to a flood work:(i) to operate the work for the purpose of influencing the flow of floodwater in the vicinity of the land on which the work is situated, or(ii) to allow the work to operate for that purpose.
Water Advisory Council means the Water Advisory Council established by section 369.
water allocation means the water to which the holder of an access licence is entitled from time to time under the licence.
water bore means a bore that is used:
(a) for the purpose of finding an aquifer, or
(b) for the purpose of testing the production capacity or water quality of an aquifer, or
(c) for the purpose of taking water from, or discharging anything into, an aquifer, or
(d) for any other purpose prescribed by the regulations,being a bore that has been artificially created, widened, lengthened or modified by means of drilling, boring, augering, digging or jetting.
water management area means an area of land that is constituted as a water management area by an order in force under section 11.
water management principles means water management principles referred to in section 5.
water management work means a water supply work, a drainage work or a flood work.
water management work approval means a water supply work approval, a drainage work approval or a flood work approval.
water return flow rules means rules established under section 75 for the regaining of water allocations under an access licence.
water source means:
(a) any river, lake or estuary, or
(b) any place where water occurs naturally on or below the surface of the ground,and includes the coastal waters of the State.
water supply authority means a water supply authority referred to in Schedule 3.
water supply work means:
(a) a work (such as a water pump or water bore) that is constructed or used for the purpose of taking water from a water source, or
(b) a work (such as a tank or dam) that is constructed or used for the purpose of:(i) capturing or storing rainwater run-off, or(ii) storing water taken from a water source, or
(c) a work (such as a water pipe or irrigation channel) that is constructed or used for the purpose of conveying water to the point at which it is to be used, or
(d) any work (such as a bank or levee) that has the effect of diverting away from a water source any overflow from the water source, or
(e) any work (such as a weir) that has the effect of impounding water in a water source,including a reticulated system of such works, and includes all associated pipes, sluices, valves and equipment, but does not include:
(f) any work that receives water from a water supply work under the control or management of the Sydney Water Board, the Hunter Water Board or a local water utility, or
(g) any work declared by the regulations as not being a water supply work.
water supply work approval means an approval referred to in section 90 (2).
water use approval means an approval referred to in section 89.
waterfront land means:
(a) the bed of any river or lake, and any land lying between the bed of the river or lake and a line drawn parallel to, and the prescribed distance inland of:(i) in the case of non-tidal waters, the highest bank or shore above the river or lake, and(ii) in the case of tidal waters, the mean high water mark of the river or lake, and
(b) if the regulations so provide, the bed of the coastal waters of the State, and any land lying between the shoreline of the coastal waters and a line drawn parallel to, and the prescribed distance inland of, the mean high water mark of the coastal waters,where the prescribed distance is 40 metres or (if the regulations prescribe a lesser distance, either generally or in relation to a particular location or class of locations) that lesser distance.