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Contents (2000 - 92)
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Water Management Act 2000 No 92
Current version for 1 July 2019 to date (accessed 22 October 2019 at 04:58)
Chapter 2 Part 3 Division 9
Division 9 Amendment of management plans by Minister
45   Minister may amend or repeal management plan
(1)  The Minister may at any time, by order published on the NSW legislation website, amend a management plan:
(a)  if satisfied it is in the public interest to do so, or
(b)  in such circumstances, in relation to such matters and to such extent as the plan so provides, or
(c)  if the amendment is required to give effect to a decision of the Land and Environment Court relating to the validity of the plan, or
(d)  if satisfied that it is necessary to do so because of requirements arising under the Water Act 2007 of the Commonwealth.
(2)    (Repealed)
(3)  Before amending a management plan, the Minister must obtain the concurrence of the Minister for the Environment to the amendment.
(4)  The date of commencement of a management plan may, but the duration of a management plan may not, be extended by an amendment of the plan under this section.
(5)  The Minister may at any time, by order published on the NSW legislation website, repeal a management plan (other than a management plan that deals with water sharing).
(5A)  The Minister may at any time, by order published on the NSW legislation website, repeal a management plan that deals with water sharing if satisfied that it is necessary to do so because of requirements arising under the Water Act 2007 of the Commonwealth.
(6)  The amendment or repeal of a management plan under this section takes effect on the date the order is published on the NSW legislation website or on a later date specified in the order.
(7)  An order under subsection (1) (a) varying a bulk access regime is not to be made in relation to a water management area for which a management committee for water sharing is constituted unless the Minister has consulted with the committee in relation to the proposed amendment.
(8)  A provision of a management plan that authorises the amendment of the plan in accordance with section 42 (2) of this Act is to be construed as a reference to an amendment authorised by subsection (1) (b).
45A   Consolidation of management plans
(1)  The Minister may, by order published on NSW legislation website, consolidate 2 or more management plans by:
(a)  repealing one or more management plans and amending another management plan to make provision with respect to the matters dealt with by the repealed plan or plans, or
(b)  amending a management plan to make provision with respect to the matters dealt with by one or more other plans that have expired (or are to expire) by operation of section 43.
(2)  A consolidated management plan may contain provisions of a savings or transitional nature consequent on the consolidation.
(3)  The provisions of Division 9 (Compensation relating to access licences) of Part 2 of Chapter 3 in relation to the consolidation of management plans under this section have effect subject to the following:
(a)  subject to paragraph (b), the consolidation of the management plans does not affect any right to compensation that the holder of an access licence would have had under section 87 or 87AA had the consolidation not occurred,
(b)  the commencement of the 10-year period referred to in section 87AA (6) (b) in its application to an expired or repealed plan is to be calculated by reference to the 10-year period commencing on the date on which the expired or repealed plan was due to expire rather than the date on which the plan into which the provisions were consolidated ceases to be in force.
(4)  Section 45 does not limit the circumstances in which the Minister may repeal or amend a management plan under this section (including a management plan that deals with water sharing).