Contents (1912 - 44)
Water Act 1912 No 44
Status information

Long title

Part 1 Preliminary

Division 1 General

1 Name of Act
2 Repeal
3 Savings
4 Definitions
4A Inquiries and appeals—requirement to take certain matters into account
4B–4F (Repealed)
4G Proceedings for offences
4H Savings and transitional provisions

Division 2 Relationship with Environmental Planning and Assessment Act 1979—integrated development

4I Application of Division 2
4J Definitions
4K Notice of applications
4L Objectors rights of appeal
4M Regulations

Part 2 Water rights and works

Division 1 Interpretation

5 Definitions

Division 2 Rights of the Crown and of riparian proprietors

6, 7 (Repealed)
8 Rights of Crown in respect of works
9 Rights of occupiers of work to which this Part extends

Division 3 Licences

10 Application for licences
11 Notification of application for licence
11A Determination of applications affected by public inquiries under the Environmental Planning and Assessment Act 1979
12 Licence
13 Application by two or more occupiers
13A Application for licence by person who does not occupy land on which works are to be constructed
13AA Amended licences
13B Ministerial Corporation may prescribe maximum areas etc for which water may be appropriated for irrigation
13C Ministerial Corporation may refuse to grant certain applications for licences
13D Water not to be taken until works have been completed
13E (Repealed)
13F Ministerial Corporation may cancel licence if work not used for three years
14 Renewal
14A Fees
14B (Repealed)
15 Separate applications
16 Benefit of licence
17 Rights of holder of licence or group licence
17A Revocation or suspension etc of licence
17B Offences with respect to licences
17C Revocation and cancellation of licences
17D (Repealed)
18 Penalty for alteration of work during currency of licence

Division 3A

18A–18E (Repealed)

Division 3B Permits

18F Permits
18G Application for permit
18H Power to grant permit instead of licence
18I Issue of permits
18J Renewal of permits
18K Permit not to lapse pending consideration of application for renewal
18L Power to require application to be made for licence
18M Power to charge different fees
18N Separate application for each work
18O Power to suspend permit etc
18P (Repealed)
18Q Permit to pass with land
18R Offences with respect to permits

Division 4 Joint water supply schemes

19 Joint water supply scheme
20 Application for authority
20A Notification of application and reference to local land board or Magistrate
20B Authority
20BA Ministerial Corporation may refuse to grant certain applications for authorities
20BB Water not to be taken until works completed
20BC Ministerial Corporation may cancel authority if work not used for 3 years
20C Renewal of authority
20CA Application for authority by persons who do not occupy land on which works are to be constructed
20CB Renewal of authorities under section 20CA
20D Penalty for certain alterations to work
20E Amended authorities
20F Benefit of authority
20G Existing authorities
20H Revocation or suspension etc of authority
20HA Offences with respect to authorities
20HB Revocation and cancellation of authorities

Division 4A Group licences

20I Definitions
20J Boards to take water only under a group licence
20K Application for group licence
20L Issue of group licence
20M Lapse of licence or authority
20N Partial waiver of fee
20O Renewal of group licence
20P Power to charge different fees
20PA Fees payable by instalments
20Q Amendment of group licence
20R Occupiers bound by group licence
20S Revocation or suspension etc of group licence
20SA Offences with respect to group licences
20T Penalty for certain alterations to work
20U Revocation and cancellation of group licences

Division 4B Volumetric water allocations schemes

20V Definitions
20W Power of Ministerial Corporation to declare water source to be subject to volumetric water allocations scheme
20X Determination of water allocations in respect of entitlements
20XA Variation of water allocations
20XB Removal of area restrictions on irrigation entitlements
20XC Corresponding increase and decrease of water allocation
20Y Invalidation of applications for entitlements
20Z Power of Ministerial Corporation to reduce water allocations in time of shortage
20AA Powers of Ministerial Corporation in years of surplus
20AB Issue of new entitlements
20AC Water meters
20AD Provisions applicable in cases of subdivision of land
20AE Power of entry
20AF Ordering of supply of water

Division 4C Transfer of water allocations

20AG Interpretation
20AH Water allocation may be transferred
20AI Application for transfer
20AJ Form of transfer to be lodged and fee paid
20AK Superseded entitlement to be cancelled
20AL Purchase of water allocations by the Ministerial Corporation
20AM Applications not affected by section 20Y notice

Division 4D Sale by the Ministerial Corporation of water allocations

20AN Interpretation
20AO Sale etc of water allocations of available water
20AP Application for entitlement
20AQ Superseded entitlement to be cancelled
20AR Applications not affected by section 20Y notice

Division 5 Miscellaneous

21 Injuries to works
21A Pollution of rivers and lakes
21B Offences with respect to construction, erection and use of work without licence etc
22 Power of entry
22A Public authorities may construct and use works in times of shortage of water
22B Restriction or suspension of rights held under licences etc during periods of water shortage
22BA Invalidation of applications for entitlements
22BB Invalidation of applications for entitlements in respect of dams
22C Charge if flow of water assured by work of Crown or water or dam managed by State
22D Sale of land pending transfer of water allocation
23 Obstructing persons in the performance of duties
24 Recovery of fees, charges, and penalties
25 Conditions relating to environmental protection
26 Consolidated Fund
26A Act prevails over certain other Acts
26B Powers to determine licence, group licence or authority
26C Construction of work by Crown for councils
26D, 26DA (Repealed)
27 Regulations
27A Application of Part

Parts 3, 4

28–104 (Repealed)

Part 5 Artesian wells

Division 1 Interpretation and general

105 Definitions
106 Works under repealed Acts

Division 2 Construction and charges

107 Notification of proposal etc
108 Assessment of charges
109 Construction of well on petition of occupiers
110 Assessment of charges
111 Extension of supply

Division 3 Licences

111A (Repealed)
112 Bores to be licensed
113 Application for licence
113A Invalidation of applications for licences
114 Inquiry
115 Issue of licence
115A (Repealed)
116 Granting of licence
116AA Conditions relating to environmental protection
116A Licence fees
116B Rejection of application
116C Limitations and conditions
116D Authority conferred by licence
117 Benefit of licence
117A Declaration of restricted sub-surface water area
117B Charges
117C (Repealed)
117D Water meters
117E Restriction or suspension of rights held under licences during periods of water shortage
117F Allocation of surplus
117G Borrowing and carrying over
117H Cancellation and suspension of licences
117I Offences
117J Transfer of water allocations
117K Sale of land pending transfer of water allocation
118 (Repealed)
118A Drillers to be licensed

Division 4 Miscellaneous

119 Charge on land
120 Duty of occupier to keep in repair
121 Penalty for wilful destruction
121A Unlawful obstruction of sub-surface water
121B Removal of obstructions
121C Apportionment of expenses
122 Penalty for obstruction or diversion of water
122A Cessation of supply of water from artesian well
123 Waste of water
123A (Repealed)
124 Power of entry
125 Recovery of charges and penalties
126 Appeal
127 Public Works Act 1912
128 Consolidated Fund
129 Regulations
129A Application of Part

Parts 6, 7

130–164 (Repealed)

Part 8 Flood control works

Division 1 Preliminary

165 Definitions
165A Controlled work—meaning

Division 2 Floodplains

166 Designation of floodplains
166A Floodplain management plans
166B Establishment of floodplain management committees

Division 3 Approval of controlled works

166C Matters for general consideration
167 Applications for approval
168 Ministerial Corporation may refuse to determine certain applications
168A Ministerial Corporation may request further information
168B Preliminary assessment of whether controlled work complies with floodplain management plan
169 Publication of applications relating to non-complying controlled works
170 Objections to non-complying controlled works
170A Ministerial Corporation may require further information about objection
170B Compulsory mediation session
171 Determination of applications
171AA Notice of determination to be given to objector
171A Determination of application affected by public inquiry under the Environmental Planning and Assessment Act 1979
172–174 (Repealed)
175 Approvals
175A (Repealed)
176 Renewal of approvals
176A Conditions of approval
177 Benefit of approval
178 Cancellation of approvals
178A Appeals to Land and Environment Court
179 (Repealed)

Division 4 Offences and enforcement

180 Construction of unauthorised works
180A Compliance with conditions of approval
180B Stop work orders
180C Injunctions
180D Directions for remedial work
180E Obstruction of persons
180F Interference with work done by Ministerial Corporation
180G Recovery of cost of work done by Ministerial Corporation
180H Prior notification not required
180I Power to require information
180J Appeals
180K Restraint of contravention of Division

Division 5 Miscellaneous

181 (Repealed)
182 Exclusion of liability
183 Consolidated Fund
184 Service of notices
184A Proceedings for offences
185 Regulations
186 Part to bind Crown
186A Application of Part

Part 9 Licensing of water management authorities

187 Definitions
188 Water management licence
189 Conditions of water management licence
190 Duration of water management licence
191 Effect of water management licence
192 Enforcement order
193 Review of water management licence
194 Water management charges
195 Offences with respect to water management licences
196 Evidence
197 Directions for remedial work
198 Civil penalties
199 Appeals
200 Compensation for loss of certain water rights
201 Regulations
202 Part to bind Crown
202A Application of Part
203 Exclusion of certain matters

Part 10

204–212 (Repealed)

 Schedule 1

 Schedule 2 Savings and transitional provisions

 Schedule 3 Water management authorities

 Schedules 4–10 (Repealed)

Historical notes