New South Wales Water Management Amendment Act 2018 No 31 Contents Page 1 Name of Act 2 2 Commencement 2 Schedule 1 Amendment of Water Management Act 2000 No 92 3 Schedule 2 Amendment of other Acts 42 New South Wales Water Management Amendment Act 2018 No 31 Act No 31, 2018 An Act to amend the Water Management Act 2000 with respect to management plans, approvals and access licences, Murray-Darling Basin water resources, metering equipment, enforcement and liability, the provision of information and managing environmental water; and for other purposes. [Assented to 27 June 2018] Water Management Amendment Act 2018 No 31 [NSW] The Legislature of New South Wales enacts: 1 Name of Act This Act is the Water Management Amendment Act 2018. 2 Commencement (1) This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2). (2) Schedules 1 [1]–[7], [9]–[25], [28], [30], [31], [34]–[36], [38]–[42], [45]–[51], [53], [54], [56]–[59], [61]–[70], [73]–[76], [78]–[80], [85], [88]–[90], [92] (except to the extent that it inserts the definition of individual daily extraction component), [93]– [96], 2.1–2.3 and 2.5 commence on the date of assent to this Act. Page 2 Water Management Amendment Act 2018 No 31 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 Schedule 1 Amendment of Water Management Act 2000 No 92 [1] Sections 7 (2), 13 (1) (g), 41 (2), 45 (3), 49A (2), 50 (3) and 75 (2) Omit “Climate Change and” wherever occurring. [2] Section 17 Provisions applicable to all management plans Omit “(mandatory conditions)” from section 17 (c). [3] Section 21 Additional provisions Insert after section 21 (e): (e1) measures, not inconsistent with this Act, that are necessary because of requirements arising under the Water Act 2007 of the Commonwealth, [4] Sections 38 (2) (c), 49A (3), 110 (3), 111 (3), 142 (3), 144 (3), 156 (3), 205 (3), 216 (2), 282 (2) (b), 324 (3) and 336B (4) (c) Omit “an appropriate newspaper” wherever occurring. Insert instead “the authorised manner”. [5] Section 43 Duration of management plans Omit “Climate Change and the Environment” from section 43 (3). Insert instead “the Environment and the Natural Resources Commission”. [6] Section 43A Extension of duration of management plan dealing with water sharing Omit section 43A (3) (a). Insert instead: (a) the extent to which the water sharing provisions have materially contributed to the achievement of, or the failure to achieve, environmental, social and economic outcomes, [7] Section 44 Periodic auditing of management plans Omit “at intervals of not more than 5 years” from section 44 (1). Insert instead “within the first 5 years of the plan”. [8] Section 44 (2) Omit the subsection. Insert instead: (2) An audit under this section is to be carried out by the Natural Resources Commission. [9] Section 45 Minister may amend or repeal management plan Insert at the end of section 45 (1) (c): , or (d) if satisfied that it is necessary to do so because of requirements arising under the Water Act 2007 of the Commonwealth. [10] Section 45 (5A) Insert after section 45 (5): (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 Page 3 Water Management Amendment Act 2018 No 31 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 that it is necessary to do so because of requirements arising under the Water Act 2007 of the Commonwealth. [11] Section 49A Suspension of management plans during severe water shortages Insert “(unless sooner revoked)” after “expires” in section 49A (4). [12] Section 49A (5) Insert “or section 49B” after “this section” wherever occurring. [13] Section 49B Insert after section 49A: 49B Suspension of Basin management plans during extreme events (1) If satisfied that there is an extreme event in relation to a particular Basin management area or part of the Basin water resources, the Minister may, by order published in the Gazette, suspend the operation of any Basin management plan, either in whole or in part, in relation to that or any other Basin management area or water source or part of a water source that is part of the Basin water resources. (2) Before suspending the operation of a Basin management plan in relation to a Basin management area or part of the Basin water resources, the Minister must obtain the concurrence of the Minister for the Environment. (3) As soon as practicable after an order under this section is published in the Gazette, a copy of the order must be published: (a) in the authorised manner, or (b) on a publicly accessible website that, in the opinion of the Minister, is appropriate for the publication of orders of that kind. (4) An order under this section expires (unless sooner revoked) at the end of 30 June following the date on which it is made or, if made on or after 1 April in any year, at the end of 30 June of the following year. (5) An order may not be made under this section in relation to a Basin management plan that has, at any time during the previous 12 months, been subject to an order under this section or section 49A unless the Minister is satisfied, for reasons specified in the order, that there is no need for the plan to be amended under Division 9. (6) Except as provided by subsection (5), this section does not prevent a Basin management area or part of the Basin water resources from being the subject of an order under section 49A. [14] Section 51 Implementation programs Omit “(in an appropriate newspaper and in such other manner as the Minister considers appropriate)” from section 51 (4) (a). Insert instead “in the authorised manner”. [15] Section 55A Application of Part Insert after section 55A (2): (3) To avoid doubt, the revocation of a management plan or amendment of a management plan so as to remove, or change the description of, a water source described in a proclamation made under this section does not affect the Page 4 Water Management Amendment Act 2018 No 31 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 application of this Part to the water source as effected by a proclamation previously made under this Part. [16] Section 59 Available water determinations Insert “or 49B (1)” after “section 49A (1)” in section 59 (1) (b). [17] Section 60 Rules of distribution applicable to making of available water determinations Insert “or 49B” after “section 49A” in section 60 (1). [18] Section 60 (3A)–(3C) Insert after section 60 (3): (3A) While an order under section 49B is in force, the following rules of distribution apply to the making of an available water determination: (a) first priority is to be given to meeting critical human water needs, (b) second, third, fourth and fifth priorities are to be given to the matters set out in subsection (3) (a), (b), (c) and (d), respectively, to the extent that those matters are not critical human water needs. (3B) In a case where orders under both sections 49A and 49B are in force in relation to the same water management area or water source, the rules set out in subsection (3A) prevail. (3C) In this section: critical human water needs means the needs for a minimum amount of water, that can only reasonably be provided from the Basin water resources, required to meet: (a) core human consumption requirements in urban and rural areas, and (b) those non-human consumption requirements that a failure to meet would cause prohibitively high social, economic or national security costs. [19] Section 60G Minister may charge for water illegally taken Insert after section 60G (2): (3) For the purposes of taking action under this section, the Minister may determine the quantity of water taken by estimating the quantity in accordance with a methodology prescribed by the regulations for the purposes of this section. [20] Section 66 Conditions of access licence generally Omit “(mandatory conditions)” from section 66 (1) (a). [21] Section 66 (1AA) Insert after section 66 (1): (1AA) An access licence is subject to any mandatory conditions imposed by this Act or the regulations. [22] Section 66 (1A) Insert “(other than conditions imposed by the regulations)” after “Mandatory conditions”. Page 5 Water Management Amendment Act 2018 No 31 [NSW] Schedule 1 Amendment of Water Management Act 2000 No 92 [23] Section 66 (5) Insert after section 66 (4): (5) In this section, mandatory condition means a condition referred to in subsection (1) (a) or (1AA) or imposed under section 8E. [24] Section 67 Imposition of conditions after access licence is granted Insert “referred to in section 66 (1) (a)” after “Mandatory conditions” in section 67 (3). [25] Section 68A Amendment of share or extraction components of access licences and other actions by Minister Insert after section 68A (1B): (1C) The Minister may amend the share component of a specific purpose access licence. The Minister may, in such a case, grant a new access licence specifying the share component to which the specific purpose access licence no longer applies. (1D) An amendment may only be made under subsection (1C) if that part of the share component that is the subject of the amendment is no longer necessary for the purpose for which the specific purpose access licence was granted. (1E) The Minister may amend an access licence by withdrawing the nomination of a specified water supply work as a work by means of or from which water may be taken under the licence, if the work is the subject of an approval that has expired or has been cancelled or surrendered.