Contents (1998 - 171)
Sydney Water Catchment Management Act 1998 No 171
Status information

Long title

Part 1 Preliminary

1 Name of Act
2 Commencement
3 Definitions
4 Other Acts not affected
5 Act to bind Crown

Part 2 Constitution of Sydney Catchment Authority

6 Constitution of SCA
7 Board
8 Functions of Board
9 Chief Executive
10 Chief Executive to manage SCA
11 Ministerial directions
12 (Repealed)

Part 3 Role, objectives and functions of SCA

Division 1 Role and objectives

13 Role
14 Objectives

Division 2 Functions

15 General functions
16 Specific functions
17 Concurrence and other roles under environmental planning instruments
18 Concurrence and other roles under licensing legislation
19 Compliance role under other legislation

Division 3 Area of operations

20 Area of operations
21 Facilitating provisions of orders

Division 3A Arrangements for drawing water

21A Arrangements for drawing water

Division 4 Arrangements with Sydney Water Corporation

22 Arrangements with Sydney Water Corporation
23 Negotiations
24 Role of Tribunal with respect to arrangements

Division 5 Financial provisions

24A Sydney Catchment Management Fund
24B Payments into Fund
24C Payments out of Fund
24D Investment of Fund
24E Fees for services supplied by SCA

Part 4 Control and accountability of SCA

Division 1 Operating licence

25 Grant of operating licence
26 Terms and conditions of operating licence
27 Amendment of operating licence
28 Term of operating licence
29 Contravention of operating licence
29A Contravention of operating licence: action by Tribunal
29B Review of certain decisions of Tribunal concerning operating licence
30 Cancellation of operating licence

Division 1A Regulatory functions of Tribunal

30A Regulatory functions of Tribunal

Division 2 Licence and other auditing functions of Tribunal

31 Functions of Tribunal
32 Report on operational audit
33 Presentation of report to Parliament
33A Cost of audit

Division 3 Statement of financial framework

34 Statement of financial framework

Division 4 Memoranda of understanding

35 Definition
36 Requirement to enter into certain memoranda of understanding
37 Direction to enter into certain memoranda of understanding
38 Public exhibition of memoranda of understanding

Division 5 Reports to Parliament

39 Reports
40 Other documents to be presented to Parliament

Part 5 Catchment areas

Division 1 Catchment areas

41 Declaration of catchment areas
42 Catchment health indicators
42A Catchment audits
42B Incorporation of catchment audit findings
42C Report concerning adjustments as a result of catchment audit findings
42D Operation of this Division

Division 2 Special areas

43 Definitions
44 Special areas
45 Restriction on alienation of land in special areas
46 Crown land in special areas
47 Exercise of functions by public agencies in special areas
48 Regulations concerning special areas
49 Plans of management
50 Operations under plan of management

Division 3 Controlled areas

51 Controlled areas
52 Regulations concerning controlled areas

Division 4

53(Repealed)

Part 6 Provisions relating to works and land

54 Ownership of works
55 Entry on to land
56 (Repealed)
57 Exercise of powers of entry
58 Compensation by SCA for damage
59 Compensation to SCA for damage
60 Acquisition of land for purposes of this Act
61 Approval of infrastructure activities in area of operations
62 Application of certain provisions

Part 6A Catchment correction notices and catchment protection notices

Division 1 Definitions

62A Definitions

Division 2 Catchment correction notices

62B Corrective action by occupiers or persons carrying on certain activities
62C Corrective action by public authorities
62D Catchment correction notice may be given orally
62E Fee for catchment correction notice

Division 3 Catchment protection notices

62F Preventive action
62G Action in event of failure to comply
62H Commencement of operation of catchment protection notice or variation of catchment protection notice
62I Fee for catchment protection notice
62J Appeals against catchment protection notices

Division 4 Compliance costs

62K Compliance cost notices
62L Recovery of amounts
62M Registration of compliance cost notices in relation to land
62N Charge on land subject to compliance cost notice

Division 5 Miscellaneous

62O Multiple notices
62P Revocation or variation
62Q Obstruction of persons

Part 6B Requirements to provide information

62R Power of authorised officers to require answers
62S Requirement to provide information and records
62T Provisions relating to records
62U Requirement to state name and address or produce driver licence
62V Requirement for owner of motor vehicle and others to give information
62W Provisions relating to requirements to furnish records, information or answer questions
62X Revocation or variation

Part 7 Offences

63 Illegal diversion of water
64 Offence to discharge into works
64A Obstruction of authorised officer
64B Liability of directors etc for offences by corporation—offences attracting executive liability
64C Evidence as to state of mind of corporation
65 Penalty notices
66 Payment of penalty does not affect other proceedings
67 Persons causing offences
67A Liability of directors etc for offences by corporation—accessory to the commission of the offences
68 Disposal of proceedings for offences
69 Time within which proceedings may be commenced

Part 7A Evidentiary matters

69A Onus of proof of certain matters
69B Proof of certain appointments not required
69C Documentary evidence generally
69D Certificate evidence of certain matters
69E Evidence of analysts

Part 7B Authorised officers

69F Appointment of authorised officers
69G Scope of authority
69H Identification

Part 8 Miscellaneous

70 Transfer of staff, assets, rights and liabilities to SCA
71 Service of notices
72 (Repealed)
73 Savings, transitional and other provisions
74 Regulations
75 Review of Act

 Schedule 1 Constitution and procedure of Board

 Schedule 2 Provisions relating to Chief Executive

 Schedule 3 Transfer of staff, assets, rights and liabilities to SCA

 Schedules 4, 5 (Repealed)

 Schedule 6 Savings, transitional and other provisions

 Schedule 7 Orders declaring special areas that may be repealed by further order

Historical notes