Water Management Act 2000

Water Management Act 2000 As at 15 August 2018 Does not include amendments by: Sch 8.30 [2] to this Act (not commenced) Parliamentary Electorates and Elections Amendment Act 2006 No 68 (not commenced) Central Coast Water Corporation Act 2006 No 105 (amended by Statute Law (Miscellaneous Provisions) Act 2009 No 56 and Central Coast Water Corporation Amendment Act 2010 No 89), Sch 7.2 [1] [2] and [4] (not commenced) Water Management Amendment Act 2010 No 133 (amended by Statute Law (Miscellaneous Provisions) Act (No 2) 2011 No 62 and Statute Law (Miscellaneous Provisions) Act (No 2) 2015 No 58), Sch 2 [46]-[48] [51]-[59] [62]-[64] [67] [68] [71]-[74] [76] [77] [79] (except to the extent that it inserts the Part heading and the cll entitled "Definitions", "References to adaptive environmental water conditions" and "Application of new defences") [82] and [86] (not commenced) Water Management Amendment Act 2014 No 48, Schs 1.5, 1.7, 1.8 [4], 1.10 [5] [26] and 1.14 [2] (not commenced) Water Industry Competition Amendment (Review) Act 2014 No 57 (not commenced) Dams Safety Act 2015 No 26 (not commenced) Water Management Amendment Act 2018 No 31, Sch 1 [8] [26] [27] [29] [32] [33] [37] [43] [44] [52] [55] [71] [72] [77] [81]-[84] [86] [87] [91] and [92] (to the extent that it inserts the definition of "individual daily extraction component" into the Dictionary) (not commenced) See also: Local Government Amendment (Parliamentary Inquiry Recommendations) Bill 2016 [Non-government Bill: Rev the Hon F J Nile, MLC] Government Sector Finance Legislation (Repeal and Amendment) Bill 2018 Emergency Services Legislation Amendment Bill 2018 Reprint history: Reprint No 1 4 February 2003 Reprint No 2 13 July 2004 Reprint No 3 7 February 2006 Reprint No 4 16 June 2009 Long Title An Act to provide for the protection, conservation and ecologically sustainable development of the water sources of the State, and for other purposes. Chapter 1 – Preliminary 1 Name of Act This Act is the Water Management Act 2000. 2 Commencement (1) This Act commences on a day or days to be appointed by proclamation. (2) Different days may be appointed for the commencement of a single provision of Schedule 7 or 8 for the purpose of commencing the repeals or amendments effected by the provision on different days. 3 Objects The objects of this Act are to provide for the sustainable and integrated management of the water sources of the State for the benefit of both present and future generations and, in particular: (a) to apply the principles of ecologically sustainable development, and (b) to protect, enhance and restore water sources, their associated ecosystems, ecological processes and biological diversity and their water quality, and (c) to recognise and foster the significant social and economic benefits to the State that result from the sustainable and efficient use of water, including: (i) benefits to the environment, and (ii) benefits to urban communities, agriculture, fisheries, industry and recreation, and (iii) benefits to culture and heritage, and (iv) benefits to the Aboriginal people in relation to their spiritual, social, customary and economic use of land and water, (d) to recognise the role of the community, as a partner with government, in resolving issues relating to the management of water sources, (e) to provide for the orderly, efficient and equitable sharing of water from water sources, (f) to integrate the management of water sources with the management of other aspects of the environment, including the land, its soil, its native vegetation and its native fauna, (g) to encourage the sharing of responsibility for the sustainable and efficient use of water between the Government and water users, (h) to encourage best practice in the management and use of water. 4 Interpretation (1) Words and expressions that are defined in the Dictionary at the end of this Act have the meanings set out in that Dictionary. (1A) A word or expression (not being a word or expression defined in the Dictionary to this Act) that is used in this Act and that is defined in the Real Property Act 1900 has the same meaning in this Act in relation to an access licence (or holding in an access licence) or dealing in such a licence (or holding) as it has in that Act in relation to land or an estate or interest in land. (1B) Subsection (1A) applies except in so far as the context or subject-matter otherwise indicates or requires. (2) Notes in the text of this Act do not form part of this Act. 4A Meaning of "overland flow water" (1) In this Act, "overland flow water" means water (including floodwater, rainfall run-off and urban stormwater) that is flowing over or lying on the ground as a result of: (a) rain or any other kinds of precipitation, or (b) rising to the surface from underground, or (c) any other process or action of a kind prescribed by the regulations. (2) Water is flowing over the ground for the purposes of subsection (1) even if it flows over the ground by means of artificial structures such as roads, canals or road gutters. (3) However, subsection (1) does not include: (a) water that is collected from a roof (including water collected from a roof using a rainwater tank), or (b) water that is flowing over or lying on the bed of a river, lake or estuary, or (c) water flowing over or lying on the ground in such circumstances as may be prescribed by the regulations. Chapter 2 – Water management planning Part 1 – General Division 1 – Water management principles 5 Water management principles (1) The principles set out in this section are the water management principles of this Act. (2) Generally: (a) water sources, floodplains and dependent ecosystems (including groundwater and wetlands) should be protected and restored and, where possible, land should not be degraded, and (b) habitats, animals and plants that benefit from water or are potentially affected by managed activities should be protected and (in the case of habitats) restored, and (c) the water quality of all water sources should be protected and, wherever possible, enhanced, and (d) the cumulative impacts of water management licences and approvals and other activities on water sources and their dependent ecosystems, should be considered and minimised, and (e) geographical and other features of Aboriginal significance should be protected, and (f) geographical and other features of major cultural, heritage or spiritual significance should be protected, and (g) the social and economic benefits to the community should be maximised, and (h) the principles of adaptive management should be applied, which should be responsive to monitoring and improvements in understanding of ecological water requirements. (3) In relation to water sharing: (a) sharing of water from a water source must protect the water source and its dependent ecosystems, and (b) sharing of water from a water source must protect basic landholder rights, and (c) sharing or extraction of water under any other right must not prejudice the principles set out in paragraphs (a) and (b). (4) In relation to water use: (a) water use should avoid or minimise land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity and, where possible, land should be rehabilitated, and (b) water use should be consistent with the maintenance of productivity of land in the long term and should maximise the social and economic benefits to the community, and (c) the impacts of water use on other water users should be avoided or minimised. (5) In relation to drainage management: (a) drainage activities should avoid or minimise land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity and, where possible, land should be rehabilitated, and (b) the impacts of drainage activities on other water users should be avoided or minimised. (6) In relation to floodplain management: (a) floodplain management must avoid or minimise land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity and, where possible, land must be rehabilitated, and (b) the impacts of flood works on other water users should be avoided or minimised, and (c) the existing and future risk to human life and property arising from occupation of floodplains must be minimised. (7) In relation to controlled activities: (a) the carrying out of controlled activities must avoid or minimise land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity and, where possible, land must be rehabilitated, and (b) the impacts of the carrying out of controlled activities on other water users must be avoided or minimised. (8) In relation to aquifer interference activities: (a) the carrying out of aquifer interference activities must avoid or minimise land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity and, where possible, land must be rehabilitated, and (b) the impacts of the carrying out of aquifer interference activities on other water users must be avoided or minimised. Division 2 – State Water Management Outcomes Plan and water source classification 6 State

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