- Water Management Act 2000 No 92
- Status information
- Long title
- Chapter 1 Preliminary
- Chapter 2 Water management planning
- Part 1 General
- Division 1 Water management principles
- Division 2 State Water Management Outcomes Plan and water source classification
- 6 State Water Management Outcomes Plan
- 7 Classification of water sources
- 8 Environmental water
- 8A Planned environmental water
- 8B Adaptive environmental water through dedication of existing water entitlements
- 8C Adaptive environmental water through system improvements
- 8D Adaptive environmental water conditions after surrender of licences
- 8E General provisions relating to access licences with adaptive environmental water conditions
- 8F Auditing of compliance with extraction limits
- Division 3 General
- Part 2 Management committees
- Part 3 Management plans
- Division 1 Preliminary
- Division 2 Water sharing
- Division 3 Water use
- Division 4 Drainage management
- Division 5 Floodplain management
- Division 6 Controlled activities and aquifer interference activities
- Division 7 Environmental protection
- Division 8 Procedures for making management plans
- 35 Format of management plan
- 36 Notification of certain persons and bodies
- 37 Reference of draft management plan to Minister
- 38 Public exhibition of draft management plan
- 39 Submissions on draft management plan
- 40 Resubmission of draft management plan to Minister
- 41 Making of management plan
- 42 Amendment of management plans
- 43 Duration of management plans
- 43A Extension of duration of management plan dealing with water sharing
- 44 Periodic auditing of management plans
- Division 9 Amendment of management plans by Minister
- Division 10
- Division 11 Miscellaneous
- 46 Making or amendment of management plan
- 47 Validity of management plans and exercise of plan-making functions
- 48 Effect of management plans on exercise of Minister’s functions
- 49 Consideration of management plans by public authorities
- 49A Suspension of management plans during severe water shortages
- 49B Suspension of Basin management plans during extreme events
- Part 4 Minister’s plans
- Part 5 Implementation programs
- Chapter 3 Water management implementation
- Part 1 Basic landholder rights
- Part 2 Access licences
- Division 1 Preliminary
- 55A Application of Part
- 56 Access licences
- 57 Categories of licence
- 57A Special provisions relating to floodplain harvesting access licences
- 58 Priorities between different categories of licence
- 59 Available water determinations
- 60 Rules of distribution applicable to making of available water determinations
- Division 1A Offences
- 60A Taking water without, or otherwise than authorised by, an access licence
- 60B Contravention of terms and conditions of access licence
- 60C Taking water for which there is no, or insufficient, water allocation
- 60D Taking water otherwise than by or from water supply work or extraction point nominated in access licence
- 60E Liability of occupier of premises for certain offences
- 60F General defence
- 60G Minister may charge for water illegally taken
- 60H Application of Division in relation to interstate licences
- 60I Access licence required for water used in mining activities
- Division 2 Granting of access licences
- 61 Applications for granting of access licences
- 62 Objections to granting of access licences
- 63 Determination of applications
- 63A Commonwealth and other access licences arising from arrangements
- 63B Licences arising out of State arrangements or agreements
- 64 Notice of decision
- 65 Controlled allocation of access licences
- Division 3 Conditions, duration and amendment of access licences
- Note
- 66 Conditions of access licence generally
- 66A Imposition of conditions on granting of access licence
- 67 Imposition of conditions after access licence is granted
- 68 Revocation of conditions
- 68A Amendment of share or extraction components of access licences and other actions by Minister
- 68B Increase of share components of Commonwealth and other access licences arising from arrangements
- 69 Duration of access licence
- 70 Special provisions with respect to supplementary water
- Division 3A Water Access Licence Register
- Subdivision 1 Keeping of the Access Register
- 71 Water Access Licence Register
- 71A Dealings and other matters that must be recorded in the Access Register
- 71B When matters required to be recorded in General Division of Access Register have effect
- 71C Provisions with respect to registration of dealings, security interests, caveats and other matters in the Access Register
- Subdivision 2 Registration of security interests
- Subdivision 3 Registration of caveats
- Subdivision 4 Miscellaneous
- 71G Minister may require production or surrender of access licence certificate before recording matters in Access Register
- 71H Searches of the Access Register
- 71I Correction and amendment of Access Register
- 71J Access to the Access Register
- 71K Minister to supply reasons for certain decisions in relation to Access Register
- Division 4 Dealings with access licences
- 71L How does a dealing take effect?
- 71M Transfer of access licences
- 71N Term transfers of entitlements under access licences
- 71O Conversion of access licence to new category
- 71P Subdivision and consolidation of access licences
- 71Q Assignment of rights under access licence
- 71R Amendment of share component of access licence
- 71S Amendment of extraction component of access licence
- 71T Assignment of water allocations between access licences
- 71U Interstate transfer of access licences
- 71V Interstate assignment of water allocations
- 71W Access licence may nominate water supply works and extraction points
- 71X Dealings on default
- 71Y General
- 71Z Access licence dealing principles
- 71ZA (Repealed)
- Division 4A Devolution of, and tenancy arrangements and other matters relating to, access licences
- Division 5 Water return flows
- Division 6 Surrender, suspension, cancellation and compulsory acquisition of access licences
- Divisions 7, 8
- Division 8A Register of available water determinations and accounting for water
- Division 9 Compensation relating to access licences
- 86 Definitions
- 87 Compensation payable in certain circumstances for reductions in water allocations arising during initial period for which management plan is in force
- 87AA Compensation payable in certain circumstances for reductions in water allocations arising after initial period that management plan is in force
- 87AB Compensation is not payable in relation to certain conduct
- 87AC No compensation payable for reductions in water allocations under certain replacement management plans
- 87A No compensation payable in relation to access licence
- Division 10 Miscellaneous
- Part 3 Approvals
- Division 1 Preliminary
- Division 1A Offences
- 91A Using water without, or otherwise than as authorised by, a water use approval
- 91B Constructing or using water supply work without, or otherwise than as authorised by, a water supply work approval
- 91C Constructing or using drainage work without, or otherwise than as authorised by, a drainage work approval
- 91D Constructing or using flood work without, or otherwise than as authorised by, a flood work approval
- 91E Carrying out controlled activity without, or otherwise than as authorised by, a controlled activity approval
- 91F Carrying out aquifer interference activity without, or otherwise than as authorised by, an aquifer interference approval
- 91G Contravention of terms and conditions of approval
- 91H Failure to install, use or maintain metering equipment
- 91I Taking water when metering equipment not working
- 91IA Failure to report metering equipment not working
- 91J Metering records
- 91K Meter tampering
- 91L Liability of occupier of premises for certain offences
- 91M General defence
- 91N Corporations not required to hold approvals
- Division 2 Applications for and granting of approvals
- 92 Applications for approvals
- 93 Objections to applications for approvals
- 94 Determination of applications affected by reviews by Planning Assessment Commission
- 95 Determination of applications
- 96 Matters affecting consideration of applications
- 97 Grounds of refusal of certain applications
- 98 Notice of decision
- 99 Procedures in relation to integrated development
- 99A Granting of combined approvals
- Division 3 Conditions and duration of approvals
- 100 Conditions of approvals generally
- 100A Imposition of conditions on granting of approval
- 101 Conditions of approval for joint schemes
- 101A Metering equipment condition
- 102 Imposition or change of conditions after approval is granted
- 103 Revocation of conditions
- 104 Duration of approval
- 105 Extension of approvals
- 106 Land benefited by approval
- Division 4 Amendment, surrender, suspension and cancellation of approvals
- Division 5 Embargoes on applications for approvals
- Division 6 Registers
- Part 4 Finance
- Part 5 Conditions imposed by regulations
- Part 6 Regulations relating to water management works
- Chapter 4 Joint private works
- Part 1 Irrigation corporations
- Part 2 Private irrigation districts
- Division 1 Preliminary
- Division 2 Private irrigation districts
- Division 3 Private irrigation boards
- 148 Private irrigation boards
- 149 Election of members of private irrigation boards
- 149A Filling of casual vacancies
- 150 Removal of members of private irrigation board from office and appointment of administrator
- 151 Abolition of private irrigation districts
- 152 Winding-up of private irrigation boards
- 153 Employees
- Division 4 Construction and taking over of works
- 154 Authorised sites
- 155 Construction, maintenance and operation of water supply works
- 156 Private irrigation board may apply to take over water supply works
- 157 Objections to applications
- 158 Governor may authorise construction or taking over of water supply work
- 159 Taking over works
- 160 Transfer of lands
- 161 Power of entry
- Division 5 Compensation
- 162 No compensation for surveys on land within private irrigation district
- 163 Compensation for surveys on lands outside private irrigation district
- 164 Compensation where private irrigation board constructs or takes over works
- 165 Determination of amount of compensation
- 166 Recovery of compensation
- Division 6 Rates and charges for water
- 167 Fixing of rates and charges
- 168 Special rates and charges and termination charges
- 169 Assessment and levying of rates and charges
- 170 Assessment of rates and charges
- 171 Provision for determining areas of holdings
- 172 Liability for rates and charges for water
- 173 Charge on land
- 174 Abandonment of rates
- 175 Assessment book
- Division 7 Supply of water
- Division 8 Effect of new subdivisions
- Division 9 Meetings of landholders
- Division 10 Finance
- Division 10A Transformation of water entitlements
- Division 11 Miscellaneous
- Part 3 Private drainage boards
- Part 4 Private water trusts
- Chapter 5 Public works
- Part 1
- Part 2 Hunter Valley flood mitigation works
- Division 1 Preliminary
- Division 2 Powers of Minister
- Division 3 Finance
- 257 Accounts to be kept in Special Deposits Account
- 258 Allocation of money
- 259 Cost of works generally
- 260 Cost of works to protect towns and villages
- 261 Cost of protective works
- 262 Annual contribution to works program by Local Land Services
- 263 Consultation with Local Land Services as to works program
- 264 Consultation with local council as to works program
- 265 Payment of contribution towards maintenance by a local council
- 266 Consultation with local council as to maintenance program
- 267 Urgent maintenance works
- 268 Payments to be duly made
- Division 4 Miscellaneous
- Part 3
- Chapter 6 Public utilities
- Part 1 Major utilities
- Part 2 Water supply authorities
- Division 1 Preliminary
- Division 2 Water supply authorities
- Division 3 Functions of water supply authorities
- 292 Functions of water supply authority
- 293 Exercise of functions by a water supply authority
- 294 Commercial operations
- 295 Assistance to statutory body
- 296 Entry on land to read meters or carry out works
- 297 Entry on land for inspections
- 298 Power to break up roads
- 299 Altering position of conduits
- 300 Obstruction of works
- 301 Finding source of pollution of water supply
- 301A Power to give directions
- Division 4 Special areas
- Division 5 Developer contributions to the construction of works
- Division 6 Finance
- 308 Orders for purpose of service charges
- 309 Connections
- 310 Authority may levy service charges and impose fees and other charges
- 311 Land in respect of which a water supply authority may levy service charges
- 312 Certain land exempt from service charges
- 313 Classification of lands
- 314 Basis of levying service charges
- 315 Determinations by water supply authority
- 316 Assessment of service charges
- 317 Re-assessment of service charges
- Division 7 Miscellaneous
- Chapter 7 Enforcement
- Part 1 Directions to landholder and other persons
- Division 1 Preliminary
- Division 2 Conservation of water, metering and audits
- Division 3 Unlawful works and activities
- Division 4 Temporary stop work orders
- Division 5 Protection of public health, public safety and the environment
- Division 6 Enforcement by Land and Environment Court
- Division 7 General
- Division 8 Enforceable undertakings
- Part 2 Other enforcement powers
- Division 1 Preliminary
- Division 2 Powers to require information or records
- Division 3 Powers of entry and search of premises
- 339 Powers of authorised officers to enter premises
- 339A Entry into residential premises only with permission or warrant
- 339B Powers of authorised officers to do things at premises
- 339C Search warrants
- 339D Authorised officers may request assistance
- 339E Assistance to be given to authorised officers
- 339F Care to be taken
- 339G Compensation
- Division 4 General
- Part 3 Offences
- Part 3A Court orders in connection with offences
- 353 Operation of Part
- 353A Orders generally
- 353B Orders for restoration and prevention
- 353C Orders for costs, expenses and compensation at time offence proved
- 353D Recovery of costs, expenses and compensation after offence proved
- 353E Orders regarding costs and expenses of investigation
- 353F Orders regarding monetary benefits
- 353G Additional orders
- 353H Offence
- Part 4 Recovery of rates, charges and other money
- Division 1 Recovery of rates, charges and other amounts by charging authorities
- 354 Definition
- 355 Certain rates and charges to be a charge on land
- 356 Interest on rates and charges
- 357 Recovery of rates, charges and other money
- 358 Joint owners
- 359 Sale of land for unpaid rates and charges
- 360 Certificate as to amount due
- 361 Liability where an estate or interest is transferred
- 362 Liability where a person becomes entitled to an estate or interest
- Division 2 Provisions relating to access licences
- Part 5 Legal proceedings and appeals
- Division 1 Legal proceedings
- 363 Offences by corporations
- 363A Offences by joint holders of access licence or approval
- 363B Penalties
- 364 Proceedings for offences
- 364A Matters to be considered in imposing penalty
- 365 Penalty notices
- 365A Continuing offences
- 366 Legal proceedings do not affect, and are unaffected by, other action under this Act
- 367 Evidentiary certificates
- 367A Evidence of analysts
- 367B Rebuttable presumptions
- Division 2 Appeals
- Chapter 8 Administration
- Part 1
- Part 2 Water Administration Ministerial Corporation
- 371 Constitution of Water Administration Ministerial Corporation
- 372 Functions of Ministerial Corporation
- 372A Metering equipment functions
- 372B Interests and rights in metering equipment
- 373 Commercial operations
- 374 Application of Public Works Act 1912
- 375 Acquisition of land
- 376 Staff of Ministerial Corporation
- 377 Delegation of functions
- Part 3 Water investment trust
- Part 3A Murray-Darling Basin
- Part 4 General administration
- 387 Expert advisory panels
- 387A Water Innovation Council
- 388 Committees
- 389 Delegation
- 389A Conferral of water management functions on public authorities
- 389B Gas and other petroleum activities—enforcement by EPA
- 390 Authorised officers and analysts
- 391 Resolution of disputes between public authorities
- 391A Interstate arrangements in relation to access licences and approvals
- Chapter 9 Miscellaneous
- 392 State’s water rights
- 393 Abolition of common law riparian rights
- 394 Service of documents
- 395 Publication of notices, orders and proclamations in authorised manner
- 395A Continuing effect of directions and conditions
- 396 Act binds Crown
- 397 Exclusion of personal liability
- 398 Exclusion of Crown liability
- 399 Annual report of Department
- 400 Regulations
- 400A Excluded matters
- 400B Displacement of Commonwealth water legislation
- 401 Repeals
- 402 Amendment of other Acts
- 403 Savings, transitional and other provisions
- 404 Review of Act
- Schedule 1A Access Register
- Schedule 1B Provisions relating to exit from co-held access licence
- Schedule 1 Irrigation corporations
- Schedule 2 Major utilities
- Schedule 3 Water supply authorities
- Schedule 4 Land exempt from water supply authority service charges
- Schedule 5 Constitution and procedure of water supply authorities
- Schedule 6 Management committees
- Schedule 7 Repeals
- Schedule 8 Amendment of other Acts
- Schedule 9 Savings, transitional and other provisions
- Schedule 9A Transferred provisions
- Schedule 10 Conversion of former entitlements to access licences and approvals
- Schedule 11 Categories of access licence
- Schedule 12 Amendment of management plans or orders
- Dictionary
- Historical notes
Water Management Act 2000 No 92
Current
version
for 1 November 2019
to date
(accessed 10 December 2019 at 10:53)
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, oris taken and used in accordance with the mandatory guidelines established under section 336B, and(ii) a domestic and stock access licence,(b) water taken and used under the authority of—(i) a domestic and stock right, oris beneficially used, and is not wasted or improperly used, and(ii) a domestic and stock access licence,(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.Note.See also section 11 (1) (e) of the Natural Resources Access Regulator Act 2017 and Schedule 2 to that Act.