Australian Capital Territory
Water Resources Act 1998 (repealed)    
A1998-63
Republication No 7
Effective:  1 August 2007
Republication date: 1 August 2007
As repealed by A2007-19 s 207 (1)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Water Resources Act 1998 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)).  It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 August 2007.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Water Resources Act 1998 (repealed)

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	3	Objects	2
	4	Dictionary	2
	4A	Notes	3
	5	Preparation and variation of environment flow guidelines	3
	6	Guidelines—consultation	3
	7	Guidelines—formal changes	4
	8	Guidelines—submission to Minister	4
	9	Guidelines—Minister’s powers	4
	10	Guidelines—referral back to authority	5
	11	Commencement of environmental flow guidelines	5
	12	Civil remedies and common law not affected	5
Part 2	Territory rights to water
	13	Territory rights to water	7
Part 3	Administration
	14	Functions of authority	8
	15	Delegation	9
	16	Inspection of documents	9
Part 4	Water resources investigation
	17	Water resources investigation	10
	18	Monitoring equipment etc	11
Part 5	Water resource management plan
	19	Content of plan	12
	20	Preparation of management plan	12
	21	Consultation	12
	22	Formal changes	13
	23	Submission to Minister	13
	24	Minister’s powers	14
	25	Referral back to authority	14
	26	Commencement of management plan	15
Part 6	Allocation of water
	27	Application of pt 6	16
	28	Allocation of water	16
	29	Matters taken into account—allocation of water	17
	30	Reduction of allocation	18
	31	Transfer of allocation	19
	32	Transfer of allocation—effect on licences to take water	19
Part 7	Licences etc to take water
Division 7.1	Licences to take water
	33	Unlicensed taking of water	21
	34	Limitation of right to take water	22
	35	Licence to take water	24
	35A	Licences for utilities	26
	36	Surrender	27
	37	Transfer	27
	38	Cancellation	28
Division 7.2	Drillers’ licences
	39	Unlicensed drilling	28
	40	Production of licence	29
	41	Cancellation	29
	42	Provision of information	30
Division 7.3	Bores
	43	Bores	30
	44	Bore construction permit	32
	45	Wasting bore water	32
	46	Power to give directions	33
Division 7.4	Recharge licences
	47	Unlicensed recharge	34
	48	Cancellation of recharge licence	35
Division 7.5	General
	49	Variation of conditions on licences or permits	35
	50	Notification of grants etc	36
	51	Selfincrimination	37
	53	Failing to comply with requirement of authorised officer	37
Part 8	Enforcement
Division 8.1	Preliminary
	54	Definitions for pt 8	38
Division 8.2	Entry and inspection generally
	55	Entry of premises—routine inspections	38
	56	Entry of premises—search warrants	38
	57	Identity cards must be produced	39
	58	Inspection of premises	39
	59	Consent to entry	40
	60	Search warrants	40
Division 8.3	Seizure, retention and disposal of things
	61	Seizure	42
	62	Retention to adduce evidence	43
Division 8.4	Other powers
	63	Power to require name and address	44
Part 9	Miscellaneous
	63A	Moratorium on granting licences etc	46
	63B	Exceptions to moratorium	47
	63C	End of moratorium	49
	64	Register	49
	65	Duty not to damage waterways	49
	66	Destruction of works	50
	67	Interference with supply and drainage	50
	68	Unauthorised works	51
	69	Water control structures—permit to construct etc	51
	70	Rectification of unauthorised activity	52
	72	Recovery of unpaid moneys	53
	73	Acts and omissions of representatives	54
	74	Criminal liability of officers of body corporate	55
	75	Evidentiary—general	56
	76	Compensation	56
	77	Review of decisions	57
	78	Determination of fees	59
	78A	Approved forms	59
	79	Regulation-making power	60
Dictionary		61
Endnotes
	1	About the endnotes	65
	2	Abbreviation key	65
	3	Legislation history	66
	4	Amendment history	67
	5	Earlier republications	72

Australian Capital Territory
Water Resources Act 1998 (repealed)

An Act to provide for the management of the water resources of the Territory, and for related purposes

    

Part 1	Preliminary
1	Name of Act
This Act is the Water Resources Act 1998.
3	Objects
The objects of this Act are—
	(a)	to ensure that the use and management of the water resources of the Territory sustain the physical, economic and social wellbeing of the people of the ACT while protecting the ecosystems that depend on those resources; and
	(b)	to protect waterways and aquifers from damage and, where practicable, to reverse damage that has already occurred; and
	(c)	to ensure that the water resources are able to meet the reasonably foreseeable needs of future generations;
and this Act shall be construed and administered accordingly.
4	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
	For example, the signpost definition ‘connected, for part 8 (Enforcement)—see section 54.’ means that the term ‘connected’ is defined in that section and the definition applies to that part.  
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4A	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Preparation and variation of environment flow guidelines
	(1)		The authority shall prepare draft guidelines for ascertaining the flow necessary to maintain aquatic ecosystems.
	(2)		The authority may prepare a draft variation of the guidelines.
	(3)		In preparing draft guidelines or a draft variation of the guidelines, the authority shall take into account the environmental, economic and social impact of the guidelines.
	(4)		Sections 6 to 11 apply to a draft variation of guidelines as if they were draft guidelines.
6	Guidelines—consultation
	(1)	After preparing draft guidelines under section 5, the authority must prepare a written notice—
	(a)	containing a brief description of the guidelines; and
	(b)	indicating the place from which copies of the draft guidelines may be obtained; and
	(c)	inviting any person who wishes to do so to lodge any suggestions or comments about the draft guidelines in writing with the authority within 60 days after notification of the notice under the Legislation Act 2001.
	(2)	The notice is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.
	(3)	The authority must also publish the notice in a daily newspaper as soon as practicable after preparing the notice.
	(4)		The authority shall consider the suggestions and comments lodged in accordance with an invitation under subsection (1) (c) and, if the authority considers it appropriate to do so, may revise the draft guidelines in accordance with any of those suggestions or comments.
7	Guidelines—formal changes
Section 6 does not apply in relation to a variation of draft guidelines that is for the sole purpose of making changes of a formal nature.
8	Guidelines—submission to Minister
The authority shall submit draft guidelines (as revised under section 6 (4)) to the Minister for approval, together with—
	(a)	a written report setting out the issues raised in any written comments submitted to the authority in relation to the draft; and
	(b)	a written report about the authority’s consultation with the public and with any other person or authority about the draft.
9	Guidelines—Minister’s powers
	(1)	On receipt of draft guidelines submitted under section 8 or 10 for approval, the Minister may—
	(a)	in writing, approve guidelines in the form in which the draft is submitted; or
	(b)	refer the draft to the authority together with any of the following written directions:
	(i)	to conduct further specified consultation;
	(ii)	to consider any revision suggested by the Minister;
	(iii)	to revise the draft in a specified manner.
	(2)	Guidelines approved under this section are a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
10	Guidelines—referral back to authority
If the Minister refers draft guidelines to the authority under section 9 (b), the authority shall—
	(a)	comply with the Minister’s directions; and
	(b)	if the Minister gives a direction under section 9 (b) (i) or (ii)—revise the draft guidelines; and
	(c)	revise the draft guidelines to correct any formal error; and
	(d)	resubmit the draft guidelines (as revised) to the Minister for approval together with a written report about the authority’s compliance with the Minister’s directions and about any revision of the draft guidelines under paragraph (c).
11	Commencement of environmental flow guidelines
Unless environmental flow guidelines approved by the Minister are disallowed by the Legislative Assembly, the guidelines commence—
	(a)	on the day after the last day when they could have been disallowed; or
	(b)	if the guidelines provide for a later date or time of commencement—on that date or at that time.
12	Civil remedies and common law not affected
	(1)		Except as expressly provided by this Act, nothing in this Act shall be taken to affect any civil right or remedy available to a person in respect of conduct to which this Act applies.
	(2)		Compliance with this Act is not, of itself, evidence that a common law duty of care has been satisfied.

Part 2	Territory rights to water
13	Territory rights to water
Subject to this Act, the right to the use, flow and control of all water of the Territory (other than ground water under land the subject of a lease of Territory land granted before the commencement of this section) is vested in the Territory and, subject to any other Act, those rights are exercisable by the Minister in the name of and on behalf of the Territory.
Note	This section commenced on 11 December 1998.

Part 3	Administration
14	Functions of authority
	(1)		The authority has the following functions under this Act:
	(a)	to keep the state and condition of the water resources of the Territory under review;
	(b)	to coordinate policies in relation to water resource management;
	(c)	to regulate the allocation of water from waterways;
	(d)	to compile and maintain up-to-date information relating to the water resources of the Territory;
	(e)	to promote the importance, and encourage the efficient use, of water resources;
	(f)	to foster public education about the management of water resources; 
	(g)	to implement national water resource measures made under national scheme laws or intergovernmental agreements relating to water resource management;
	(h)	confer, and exchange information, with any person or body having functions corresponding to those of the authority under a law of the Commonwealth, a State or another Territory relating to water resource management;
	(i)	such other functions as are conferred by this Act.
	(2)		In the performance of his or her functions, the authority shall have regard to the objects set out in section 3.
15	Delegation
The authority may delegate the authority’s functions under this Act to a public employee.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.
16	Inspection of documents
	(1)		A person may inspect, at any reasonable time, any of the following documents kept by or on behalf of the authority:
	(a)	the register;
	(b)	a document setting out the results of monitoring, testing or recording carried out by the authority or required to be carried out by a person under a licence or permit under this Act;
	(c)	the list of authorised officers;
	(d)	any prescribed document.
	(2)		Where a person wishes to inspect a document or obtain a copy of a document specified in subsection (1) that is not in the authority’s possession, the authority shall make arrangements for the person to inspect or obtain the document or copy.
	(3)		A person may, on payment of the reasonable copying costs, obtain a copy of a document specified in subsection (1).

Part 4	Water resources investigation
17	Water resources investigation
	(1)		The authority shall ensure, as far as possible, that a continuous program for the assessment of water resources of the Territory is carried out.
	(2)		For this part, the authority may—
	(a)	construct, repair, alter or remove gauging, recording and monitoring stations or drill bores; and
	(b)	systematically gauge stream flow, record climatic data and monitor ground water levels; and
	(c)	operate or maintain gauging, recording and monitoring stations; and
	(d)	investigate and monitor bores; and
	(e)	sample and analyse water; and
	(f)	enter land to take such measures and carry out such work as is reasonably required for the purposes of carrying out an activity of a kind referred to in paragraphs (a) to (e) and with such persons and equipment as is reasonably so required.
	(3)		Where the authority intends to enter land for the purposes of carrying out an activity of a kind referred to in subsection (2) (a), it shall give notice in writing to the lessee or occupier of the land of its intention to enter.
	(4)		A notice under subsection (3) shall—
	(a)	be served on the lessee or occupier not later than 14 days before the exercise of the authority’s power; and
	(b)	specify the land on which entry is to be made; and
	(c)	specify the work proposed to be carried out and any vehicles, plant or machinery proposed to be used for the purposes of carrying out that work.
	(5)		An authorised officer may, at all reasonable times, enter on any land on which an activity of a kind referred to in a notice is being, or has been, carried out for the purposes of carrying out an activity of a kind referred to in subsection (2) (b), (c), (d) or (e).
	(6)		A person who enters land under subsection (5) is not authorised to remain on the land if, on request by the occupier of the land, he or she does not produce—
	(a)	in the case of an authorised officer—his or her identity card; or
	(b)	in any other case—a certificate in writing signed by the authority for this section certifying that the person is authorised to carry out an activity of a kind specified in the certificate.
	(7)		A person shall not, without reasonable excuse, obstruct an authorised officer in the exercise of his or her powers under this section.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(8)		For this part, the authority may liaise and work in cooperation with the Commonwealth or a State in the investigation of water resources in which there is a shared interest.
18	Monitoring equipment etc
Where, in the performance of a function, the authority attaches anything to land, it shall be taken not to be—
	(a)	a fixture to the land for the purposes of giving the lessee or occupier of the land a proprietary interest in it; or 
	(b)	an improvement.
Part 5	Water resource management plan
19	Content of plan
A management plan shall include—
	(a)	a description of the water resources of the Territory including the flows required to meet the environmental needs of individual waterways or aquifers or parts of individual waterways or aquifers; and
	(b)	the proposed water allocations for the next succeeding 10 years; and
	(c)	water allocations to be created for urban water supply, industry and other uses; and
	(d)	action to be taken by the authority to manage the water resources of the Territory.
20	Preparation of management plan
The authority must prepare a draft management plan for the water resources of the Territory.
Note 	Power given under an Act to make a statutory instrument (including the management plan) includes power to amend or repeal the instrument (see Legislation Act 2001, s 46 (1)).
21	Consultation
	(1)	After preparing a draft management plan, the authority must prepare a written notice—
	(a)	containing a brief description of the draft plan; and
	(b)	indicating the place from which copies of the draft plan may be obtained; and
	(c)	inviting any person who wishes to do so to lodge any suggestions or comments about the draft plan in writing with the authority within 60 days after notification of the notice under the Legislation Act 2001.
	(2)	The notice is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.
	(3)	The authority must also publish the notice in a daily newspaper.
	(4)		The authority shall consider the suggestions and comments lodged in accordance with an invitation under subsection (1) (c) and, if the authority considers it appropriate to do so, may revise the draft plan in accordance with any of those suggestions or comments.
22	Formal changes
	(1)	Section 21 does not apply to an amendment of a management plan that is for the sole purpose of making changes of a formal nature.
	(2)	If the authority makes such an amendment, the authority must prepare a written notice of the amendment.
	(3)	The notice is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.
	(4)	The authority must also publish the notice in a daily newspaper.
23	Submission to Minister
The authority shall submit a draft management plan (as revised under section 21 (4)) to the Minister for approval, together with—
	(a)	a written report setting out the issues raised in any written comments submitted to the authority in relation to the draft; and
	(b)	a written report about the authority’s consultation with the public and with any other person or authority about the draft.
24	Minister’s powers
	(1)	On receipt of a draft management plan submitted under section 23 for approval, the Minister may—
	(a)	in writing, approve a management plan in the form in which the draft is submitted; or
	(b)	refer the draft to the authority together with any of the following written directions:
	(i)	to conduct further specified consultation;
	(ii)	to consider any revision suggested by the Minister;
	(iii)	to revise the draft in a specified manner.
	(2)	A management plan approved under this section is a disallowable instrument.
Note 1	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Note 2	An amendment or repeal of a management plan is also a disallowable instrument (see Legislation Act 2001, s 46 (2)).
25	Referral back to authority
If the Minister refers a draft management plan to the authority under section 24 (1) (b), the authority shall—
	(a)	comply with the Minister’s directions; and
	(b)	if the Minister gives a direction under section 24 (1) (b) (i) or (ii)—revise the draft plan; and
	(c)	revise the draft to correct any formal error; and
	(d)	resubmit the draft management plan (as revised) to the Minister for approval together with a written report about the authority’s compliance with the Minister’s directions and about any revision of the draft plan under paragraph (c).
26	Commencement of management plan
Unless a management plan approved by the Minister is disallowed by the Legislative Assembly, the plan commences—
	(a)	on the day after the last day when it could have been disallowed; or
	(b)	if the plan provides for a later date or time of commencement—on that date or at that time.

Part 6	Allocation of water
27	Application of pt 6
This part applies to—
	(a)	ground water under land the subject of a lease of Territory land granted after the commencement of section 13; and
	(b)	ground water under unleased Territory land; and
	(c)	surface water.
Note	Section 13 commenced on 11 December 1998.
28	Allocation of water
	(1)		A person may obtain a water allocation from—
	(a)	the authority; or
	(b)	another person who holds a water allocation.
	(2)		Subject to section 29, the authority may, grant a water allocation—
	(a)	by specifying the volume or rate of flow of water that may be taken under the allocation; or
	(b)	in any other manner.
	(3)		Without limiting subsection (2), the authority may fix a different measure of water allocation for different days of a year.
	(4)	The power of the authority to allocate water must be exercised by public auction or public tender or, if either method is unsuccessful, by private contract.
	(5)		The authority may grant a water allocation subject to conditions.
	(6)		Notwithstanding subsection (4) and subject to section 29, the Minister may, in writing, grant a water allocation to a person specified in the instrument, subject to such conditions (if any) as are specified in the instrument.
Note	A fee may be determined under s 78 (Determination of fees) for this section.
	(7)	The Minister or the authority may grant an allocation under this section only if provision is made for the allocation in the management plan.
	(8)	The Minister must prepare a written notice of the making of the grant.
	(9)	The notice is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.
	(10)	The notice must be notified under the Legislation Act 2001 no later than 14 days after the making of the grant.
	(11)		An allocation made under subsection (6) shall for this Act, other than section 77, be taken to have been granted by the authority.
	(12) 		Where a water allocation on which a licence to take water is based is granted subject to conditions, those conditions shall, for this Act, be taken to be conditions of the licence.
29	Matters taken into account—allocation of water
In deciding whether or not to grant an allocation of water under section 28, the Minister or the authority shall take into account—
	(a)	the availability of water in the area in question; and
	(b)	the existing and likely future demand for water in the area in question; and
	(c)	the environmental flow guidelines for the waterway or aquifer in question; and
	(d)	any agreement entered into by or on behalf of the Territory with the Commonwealth, a State or another Territory concerning the sharing of water; and
	(e)	any other matters the Minister or the authority, as the case may be, considers relevant.
30	Reduction of allocation
	(1)		The authority may, by notice in writing served on a person who is the holder of a water allocation, reduce the allocation granted to the person, either wholly or in part, if satisfied that it is necessary or desirable to do so—
	(a)	because a reduction in the flow of the waterway makes it necessary; or
	(b)	to prevent a reduction, or further reduction, in the quality of water in a waterway; or
	(c)	to prevent damage, or further damage, to an ecosystem that depends on that water from a waterway.
	(2)		A notice under subsection (1) takes effect at the expiration of 90 days after the date on which the notice was served.
	(3)		Where the authority reduces a water allocation—
	(a)	the amount of water authorised to be taken under a licence to take water to which the allocation relates shall be taken to have been reduced; and
	(b)	if the reduction is of the whole of the allocation to which the licence relates—the licence to take water shall be taken to have been cancelled.
31	Transfer of allocation
	(1)		The holder of a water allocation may, with the approval of the authority, transfer the whole or part of the water allocation to another person or the authority.
	(2)		The transfer of a water allocation may be absolute or for a limited period.
	(3)		The authority shall not approve the transfer of a water allocation unless the authority has been notified of the name and address of the person to whom the allocation is to be transferred.
32	Transfer of allocation—effect on licences to take water
	(1)		Where, under section 31, a person transfers part of a water allocation, including an interstate water allocation, to which a licence to take water relates—
	(a)	absolutely—the amount of water which the person is authorised to take shall be taken to have been reduced by the amount of that transfer; or
	(b)	for a limited period—the amount of water which the person is authorised to take shall be taken to be reduced by the amount of that transfer for that period.
	(2)		Where, under section 31, a person transfers the whole of a water allocation, including an interstate water allocation, to which a licence to take water relates—
	(a)	absolutely—the licence to take water shall be taken to have been cancelled; or
	(b)	for a limited period—the licence to take water shall be taken to have been suspended for that period.
	(3)		Where a person makes a transfer under section 31 of an interstate water allocation to which the licence to take water relates, whether in whole or in part, the person shall, within 7 days after the date of the transfer, give written notice to the authority of—
	(a)	the name and address of the person to whom the allocation was transferred; and
	(b)	the prescribed particulars.
	(4)		A person shall not, without reasonable excuse, contravene subsection (3).
Maximum penalty:  5 penalty units.

Part 7	Licences etc to take water
Division 7.1	Licences to take water
33	Unlicensed taking of water
	(1)		Subject to this section, a person shall not take water without a licence.
Maximum penalty:  50 penalty units.
	(2)		The lessee or occupier of land on or immediately adjacent to which there is a waterway may, without a licence, take water from the waterway or surface water from the land for—
	(a)	the use of the lessee or occupier or the lessee’s or occupier’s family or employees, for domestic purposes; or
	(b)	drinking water for stock; or
	(c)	irrigating a garden, not exceeding 2 hectares, being a garden cultivated for domestic use and not for the sale, barter or exchange of goods produced in the garden.
	(3)		A person may, without a licence, take water for camping purposes or for watering travelling stock from a waterway.
	(4)		Subsection (3) does not authorise a person to enter or remain on land to which the person does not otherwise have lawful access or to do anything on that land that the person does not have lawful authority to do.
	(5)	Subsection (1) does not apply to the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004 for the purpose of protecting life or property, or controlling, extinguishing or preventing the spread of a fire.
	(6)		In proceedings for an offence against subsection (1), a certificate purporting to be signed by the authority stating that, on a specified date, there was on the land to which the proceedings relate, a channel or other means (including mechanical means by which water is capable of being taken) is evidence of the matters so stated.
	(7)		It is a defence to a prosecution under subsection (1) if it is proved that the water was taken in case of an emergency for the protection of life and property.
	(8)		In this section:
relevant person means—
	(a)	the chief officer (fire brigade); or
	(b)	any other member of the fire brigade; or
	(c)	the chief officer (rural fire service); or
	(d)	any other member of the rural fire service; or
	(e)	a police officer; or
	(f)	any other person under the control of the chief officer (fire brigade) or the chief officer (rural fire service).
stock means stock of a number not exceeding the number depastured ordinarily on the land having regard to seasonal fluctuations in the carrying capacity of the land and not held in close concentration for a purpose other than grazing.
34	Limitation of right to take water
	(1)		Where the Minister is satisfied that the rate at which water is taken from a waterway or ground water—
	(a)	is such that the quantity of water available can no longer meet the demand or there is a risk that the available water will not be sufficient to meet future demand; or
	(b)	is affecting, or is likely to affect, the quality of the water in the waterway or ground water; or
	(c)	is having a serious effect on the level of ground water that depends on surface water for replenishment; or
	(d)	is having a serious effect on the environmental flow of a waterway or aquifer; or
	(e)	is adversely affecting the environment;
the Minister may, by written notice—
	(f)	prohibit or restrict the taking of water either generally or in a particular case; or
	(g)	direct that specified dams, reservoirs, embankments, walls or other structures be modified or removed to allow water to pass over, under or through them.
	(2)	The notice is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.
	(3)	The authority must also—
	(a)	publish the notice in a daily newspaper; and
	(b)	give notice in writing to each licence holder who is affected by the notice.
	(4)	The notice expires on the date (not later than 12 months after the notice is notified under the Legislation Act 2001) provided by the notice.
	(5)		Except in cases of emergency for the protection of life and property, a person shall not, without reasonable excuse, contravene a notice under subsection (1).
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(6)		If the authority has reasonable grounds for believing that a person has contravened a notice under subsection (1), the authority may enter the land and take the action specified in the notice and such other action as it considers appropriate to give effect to the notice.
	(7)		The reasonable expenses of the authority in taking action under subsection (6) are a debt due by the person to the Territory.
35	Licence to take water
	(1)		Subject to this section, the authority may, on application, grant to a person a licence to take water from a specified waterway or location.
Note 1	A fee may be determined under s 78 (Determination of fees) for this section.
Note 2	If a form is approved under s 78A (Approved forms) for an application or licence to take water, the form must be used.
	(2)		A licence to take water may be granted subject to such conditions as are specified in the licence.
	(3)		For subsection (2), the authority may fix a different rate for different days of the year.
	(4)		Without limiting subsection (2), the conditions to which a licence to take water may be subject may include a condition—
	(a)	to keep and maintain records; or
	(b)	to install, operate and maintain equipment, including a water meter; or
	(c)	to provide information in relation to compliance with the licence or the conditions (if any) to which it is subject; or
	(d)	to conduct specified monitoring and testing consequent on the taking of the water; or
	(e)	to mark, in a specified manner, places from which water is taken under the licence; or
	(f)	specifying the rate at which, or the maximum amount of, water that may be taken, or both.
	(5)		A person shall not, without reasonable excuse, contravene a condition of a licence to take water.
Maximum penalty:  50 penalty units.
	(6)		A licence to take water remains in force for such period as is specified in the licence unless it is sooner surrendered or cancelled.
	(7)		In deciding whether or not to grant a licence to take water, the authority shall take into account—
	(a)	the applicant’s environmental record both in the Territory and elsewhere so far as it relates to water; and
	(b)	whether to grant the licence—
	(i)	would have an adverse effect on the environment; or
	(ii)	would adversely affect environmental flows of a particular waterway or aquifer or the rights of other water users; and
	(c)	whether the applicant has been convicted of an offence against this Act or a corresponding law of a State or another Territory; and
	(d)	in the case of an application for a licence to take ground water—
	(i)	whether the quantity of water available can meet the demand or there is a risk that the available water will not be sufficient to meet future demand; and
	(ii)	whether the taking of the water will or is likely to affect the quality of the water in the place to which the application relates.
	(8) 		The authority shall not grant a licence to take water—
	(a)	subject to subsection (9), if a water allocation or interstate water allocation on which to base the taking of water from the place to which the application relates does not exist; or
	(b)	unless satisfied that the applicant has lawful authority to obtain access to the place from which the water is to be taken under the licence or to divert the water from that place to where it is to be used, or both, as the case requires; or
	(c)	in respect of a development before an application to conduct the development has been approved under the Land Act, part 6.
	(9) 		Subsection (8) (a) applies to—
	(a)	ground water under land the subject of a lease of Territory land granted after the commencement of section 13; and
	(b)	ground water under unleased Territory land; and
	(c)	surface water.
Note	Section 13 commenced on 11 December 1998.
	(10) 		In this section:
development—see the Land Act, part 6.
Land Act means the Land (Planning and Environment) Act 1991.
35A	Licences for utilities
	(1)	A utility that has an allocation and a licence to take water from a waterway may take water under the allocation from—
	(a)	the subcatchment stated in the allocation; or
	(b)	any other subcatchment in the waterway; or
	(c)	any subcatchment in any other waterway for which the utility holds an allocation and a licence to take water.
	(2)	However, a utility may act under subsection (1) (b) and (c) only if—
	(a)	the environmental flow required under the guidelines and the licence is maintained in each waterway from which the water is taken; and
	(b)	the total volume of water taken by the utility is not greater than the total volume stated in all allocations held by the utility.
	(3)	This section applies despite any condition of an allocation or licence held by the utility.
	(4)	In this section:
subcatchment means a subcatchment described in the management plan.
utility means a utility licensed under the Utilities Act 2000 to provide a water service.
36	Surrender
	(1)		The holder of a licence to take water may surrender his or her licence at any time.
	(2)		If the register includes a notation that a person other than the holder of the licence has an interest in a licence to take water, the licence can not be surrendered without the consent in writing of that person.
37	Transfer
	(1)		The holder of a licence to take water may, with the approval of the authority, transfer the licence to another person.
	(2)		The transfer of a licence to take water may be absolute or for a limited period.
	(3)		The authority shall not approve the transfer of a licence unless—
	(a)	the allocation or part allocation, as the case may be, including an interstate allocation, to which the licence relates is transferred to the transferee; or
	(b)	the authority is satisfied that the water taken under the licence will be used by the transferee for the same purpose as the transferor and at the same place.
	(4)		In deciding whether to approve a transfer of a licence to take water, the authority shall take into account—
	(a)	the applicant’s environmental record both in the Territory and elsewhere, including any action taken by the person for this Act; and
	(b)	whether the person to whom the licence is to be transferred has been convicted of an offence against this Act or a corresponding law of a State or another Territory.
38	Cancellation
The authority may cancel a licence to take water if a ground exists on which the authority may refuse to grant a licence.
Division 7.2	Drillers’ licences
39	Unlicensed drilling
	(1)		A person shall not—
	(a)	drill or construct a bore; or
	(b)	deepen or enlarge a bore; or
	(c)	remove, replace, alter or repair the casing, lining or screen of a bore; or
	(d)	plug, backfill or seal off a bore;
without a driller’s licence.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)		The authority may, on application, grant to a person a driller’s licence to carry out an operation referred to in subsection (1).
Note 1	A fee may be determined under s 78 (Determination of fees) for this section.
Note 2	If a form is approved under s 78A (Approved forms) for an application, the form must be used.
	(3)		A driller’s licence may be granted subject to such conditions as are specified in the licence.
	(4)		A person shall not, without reasonable excuse, contravene a condition of a driller’s licence.
Maximum penalty:  50 penalty units.
	(5)		A driller’s licence shall be granted for such period, not exceeding 3 years, as is specified in the licence.
	(6)		The authority shall not grant a driller’s licence unless satisfied that the applicant has the prescribed qualifications to hold a driller’s licence.
40	Production of licence
The holder of a driller’s licence shall, if required by the authority, produce his or her licence to the authority.
Maximum penalty:  5 penalty units.
41	Cancellation 
The authority may cancel a driller’s licence if—
	(a)	the person to whom it was granted has ceased to hold the prescribed qualifications; or
	(b)	the person has been convicted of an offence against this Act or a corresponding law of a State or another Territory.
42	Provision of information
	(1)		The authority may, by notice in writing, require the holder of a driller’s licence to give to the authority, within such period as is specified in the notice, such information and samples relating to action taken under the licence as are specified in the notice.
	(2)		The holder of a driller’s licence shall not, without reasonable excuse, contravene a requirement made under subsection (1).
Maximum penalty:  5 penalty units.
Division 7.3	Bores
43	Bores
	(1)		A person who is the holder of a driller’s licence shall not—
	(a)	drill, construct, alter, plug, backfill or seal off a bore; or
	(b)	remove, replace, alter, slot or repair the casing, lining or screen of a bore; or
	(c)	deepen a bore (whether in the course of construction or not);
unless the lessee or occupier of the land on which the bore is or will be situated is the holder of a bore construction permit.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)		It is a defence to a prosecution under subsection (1) if it is proved that—
	(a)	the work by which it is alleged the offence was committed was urgently required—
	(i)	to prevent pollution or deterioration of the water in the bore; or
	(ii)	to prevent waste of water; or
	(iii)	to protect life or property; and
	(b)	in the circumstances, it was not practicable to apply for a bore construction permit or obtain the services of a person with a driller’s licence; and
	(c)	as soon as practicable after the work was commenced, the authority was informed of the nature of the work that had commenced.
	(3)		Subsection (1) does not apply to the following if they are not used for the taking of water:
	(a)	a trench for the laying of pipes, cables or other equipment in relation to the supply of water, gas or electricity or the provision of sewerage or drainage;
	(b)	a drain that is under the control of the Territory or the Commonwealth;
	(c)	an excavation for or in relation to a building or swimming pool;
	(d)	a mine within the meaning of the Territory plan;
	(e)	an excavation for engineering or survey purposes if the excavation is less than 15m in depth;
	(f)	an excavation for the purposes of a toilet;
	(g)	an excavation, not exceeding 15m in depth, for the installation of cathodic protection anodes or the measurement of water pressure;
	(h)	a bore drilled to a depth not exceeding the depth of the watertable nearest the surface for the purpose of obtaining samples of water or other material for scientific research;
	(i)	a bore comprising an excavation, not exceeding 3m in depth, for the purpose of conducting an underground test or extracting material for testing.
44	Bore construction permit
	(1)		The authority may, on application by a lessee or occupier of land on which it is proposed to carry out an operation referred to in section 43 (1) (a), (b) or (c), grant to the lessee or occupier a bore construction permit.
Note 1	A fee may be determined under s 78 (Determination of fees) for this section.
Note 2	If a form is approved under s 78A (Approved forms) for an application, the form must be used.
	(2)		A bore construction permit may be granted subject to such conditions as are specified in the permit.
	(3)		A person shall not contravene, without reasonable excuse, a condition of a bore construction permit.
Maximum penalty:  50 penalty units.
	(4)		The authority may cancel a bore construction permit if the authority has reasonable grounds for believing that the holder of the permit has contravened a condition of the permit.
	(5)		A bore construction permit shall be granted for such period, not exceeding 12 months, as is specified in the permit.
45	Wasting bore water
A person shall not, without reasonable excuse, waste, or cause or permit the waste of, water from a bore whether or not the bore is in use.
		Maximum penalty:  5 penalty units.
46	Power to give directions
	(1)		Notwithstanding anything in this Act, but subject to section 55, if the authority is satisfied that an act or omission by a person in relation to a bore may result, directly or indirectly, in the pollution or deterioration, inequitable distribution, loss, wastage or undue depletion of water, the authority may, by notice served on the lessee or occupier of the land on which the bore is situated, direct the person, within the period specified in the notice—
	(a)	to shut off the supply of ground water from the bore in the manner specified in the notice; or
	(b)	to restrict or limit the amount of water taken from the bore to the extent specified in the notice; or
	(c)	to install and maintain a suitable meter to record the amount of water taken or discharged from the bore; or
	(d)	to discontinue the use of the bore; or
	(e)	to close, or partly or entirely plug, seal off or backfill the bore in the manner specified in the notice; or
	(f)	to use the water taken from the bore for such purposes as are specified in the notice;
or to do a combination of those things.
	(2)		The authority may give a direction under subsection (1) that is inconsistent with a condition of a licence or permit granted under this Act.
	(3)		A person shall not, without reasonable excuse, contravene a direction given under subsection (1).
Maximum penalty:  50 penalty units.
Division 7.4	Recharge licences
47	Unlicensed recharge
	(1)		A person shall not construct, operate or alter works for the purpose of increasing the quantity of ground water without a recharge licence.
Maximum penalty:  50 penalty units.
	(2)		The authority may, on application, grant a recharge licence.
Note 1	A fee may be determined under s 78 (Determination of fees) for this section.
Note 2	If a form is approved under s 78A (Approved forms) for an application, the form must be used.
	(3)		A recharge licence may be granted subject to such conditions as are specified in the licence.
	(4)		A person shall not, without reasonable excuse, contravene a condition of a recharge licence.
Maximum penalty:  50 penalty units.
	(5)		A recharge licence remains in force for such period, not exceeding 10 years, as is specified in the licence.
	(6)		In deciding whether or not to grant a recharge licence, the authority shall take into account—
	(a)	whether a water allocation is required; and
	(b)	the risk of the rising level of ground water damaging soil or rock or structures; and
	(c)	the risk of damaging ecosystems or of affecting the natural drainage of surface water; and
	(d)	whether the applicant has been convicted of an offence against this Act or a corresponding law of a State or another Territory; and
	(e)	the applicant’s environmental record both in the Territory and elsewhere, including any action taken by the person for this Act.
	(7)		In proceedings for an offence against subsection (1), a certificate purporting to be signed by the authority stating that on a particular day or during a specified period a means existed on works to increase ground water is evidence of the matters so stated.
48	Cancellation of recharge licence
The authority may cancel a recharge licence if the authority has reasonable grounds for believing the rising level of ground water is—
	(a)	damaging soil or rock or structures; or
	(b)	damaging ecosystems that depend on the area in question; or
	(c)	affecting the natural drainage of surface water of the area in question.
Division 7.5	General
49	Variation of conditions on licences or permits
	(1)		Where the authority is satisfied that—
	(a)	a condition specified in a licence or permit granted under this part should be varied or revoked; or
	(b)	the licence or permit should be made subject to a condition;
the authority shall give notice in writing to the holder of the licence or permit—
	(c)	specifying the ground on which the authority intends to vary the licence or permit; and
	(d)	stating the facts and circumstances that in the authority’s opinion, constitute that ground; and
	(e)	informing the holder of the licence or permit that he or she may, within a specified period, give a written response to the authority in relation to the matters stated in the notice.
	(2)		After—
	(a)	the expiration of the period specified in a notice under subsection (1) (e); and
	(b)	taking into consideration any response given by the holder of the licence or permit;
the authority may, if satisfied on reasonable grounds that it is desirable to do so, vary the licence or permit, by notice in writing given to the licensee or permit holder, by—
	(c)	varying a condition to which it is subject; or
	(d)	revoking such a condition; or
	(e)	imposing a condition on it.
	(3)		The variation of a licence takes effect on—
	(a)	the date on which notice of the variation is given to the holder of the licence or permit; or
	(b)	if a later date is specified in the notice, on that later date.
50	Notification of grants etc
	(1)	If the authority grants or varies a licence or permit, the authority must prepare written notice of the making of the grant or variation.
	(2)	The notice must include a statement of places where particulars of the licences or permits may be inspected.
	(3)	The notice is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.
	(4)	The authority must also publish the notice in a daily newspaper.
51	Selfincrimination
	(1)		A person is not excused from answering a question, furnishing information or producing a document if required under this Act on the ground that to do so would tend to incriminate the person.
	(2)		Where a person (whether a natural person or body corporate) answers a question, furnishes information or produces a document in compliance with a requirement under this Act—
	(a)	the answer to the question; or
	(b)	the information furnished; or 
	(c)	the document produced;
is not admissible in evidence against the person in any proceedings (whether civil or criminal), other than proceedings for an offence against section 53 or the Criminal Code, part 3.4 (False or misleading statements, information and documents).
53	Failing to comply with requirement of authorised officer
	A person shall not, without reasonable excuse, fail to comply with a requirement made, or direction given, by an authorised officer under this Act.
Maximum penalty:  50 penalty units.

Part 8	Enforcement
Division 8.1	Preliminary
54	Definitions for pt 8
In this part:
connected—a thing is connected with a particular offence if—
	(a)	the offence has been committed in relation to it; or
	(b)	it will provide evidence of the commission of the offence; or
	(c)	it was used, is being used, or is intended to be used, to commit the offence.
offence includes an offence that there are reasonable grounds for believing has been, is being, or will be committed.
premises includes vacant land.
Division 8.2	Entry and inspection generally
55	Entry of premises—routine inspections
For ascertaining whether this Act is being complied with, an authorised officer may enter premises with the consent, obtained under section 59, of the occupier or a person apparently in charge of the premises.
56	Entry of premises—search warrants
	(1)		Where an authorised officer has reasonable grounds for suspecting that there may be on any premises a thing of a particular kind connected with a particular offence against this Act, the authorised officer may enter premises under a search warrant under section 60.
	(2)		An authorised officer may enter premises under subsection (1) with such assistance and by such force as is necessary and reasonable.
	(3)		A police officer may, if called on by an authorised officer to do so, assist the authorised officer in the execution of a search warrant.
57	Identity cards must be produced
An authorised officer who enters premises under section 55 or section 60 (1) is not authorised to remain on the premises if, on request by the occupier or a person apparently in charge of the premises, the officer does not produce his or her identity card.
58	Inspection of premises
	(1)		An authorised officer who enters premises under section 55 or section 60 (1) may do any of the following in respect of the premises or anything on the premises:
	(a)	inspect or examine;
	(b)	take measurements or conduct tests;
	(c)	take photographs, films, or audio, video or other recordings;
	(d)	in the case of a thing—subject to section 61, seize the thing;
	(e)	if the thing is a document—take copies of, or extracts from, the document.
	(2)		An authorised officer who enters premises under section 55 or section 60 (1) may require the occupier or a person on the premises concerned with the conduct of the activity in respect of which the entry is made to do any of the following:
	(a)	answer questions or furnish information;
	(b)	make available any record or other document kept on the premises;
	(c)	provide reasonable assistance to the officer in relation to the exercise of his or her powers under subsection (1). 
59	Consent to entry
	(1)		Before obtaining the consent of a person for section 55, an authorised officer shall—
	(a)	produce his or her identity card; and
	(b)	inform the person that he or she may refuse to give consent.
	(2)		Where an authorised officer obtains the consent of a person for section 55, the officer shall ask the person to sign a written acknowledgment of—
	(a)	the fact that the person has been informed that he or she may refuse to give consent; and
	(b)	the fact that the person has voluntarily given consent; and
	(c)	the day on which, and the time at which, the consent was given.
	(3)		An entry by an authorised officer by virtue of a person’s consent is not lawful unless the consent was voluntary.
	(4)		Where—
	(a)	it is material, in any proceedings, for a court to be satisfied that the consent of a person for section 55 was voluntary; and
	(b)	an acknowledgment, in accordance with subsection (2), signed by the person is not produced in evidence;
the court shall assume, unless the contrary is proved, that the consent was not voluntary.
60	Search warrants
	(1)		Where—
	(a)	an information is laid before a Magistrate alleging that an authorised officer has reasonable grounds for suspecting that there may be on any premises a thing of a particular kind connected with a particular offence against this Act; and
	(b)	the information sets out those grounds;
the Magistrate may issue a search warrant authorising the authorised officer named in the warrant, with such assistance and by such force as is necessary and reasonable—
	(c)	to enter the premises described in the warrant; and
	(d)	to search the premises for things of the kind mentioned in paragraph (a); and
	(e)	to exercise any of the powers listed in section 58 in relation to those things.
	(2)		A Magistrate shall not issue a warrant unless—
	(a)	the informant or another person has given the Magistrate, either orally on oath or by affidavit, any further information that the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
	(b)	the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.
	(3)		A warrant shall—
	(a)	state the purpose for which it is issued, including a reference to the nature of the offence in connection with which the entry and search are authorised; and
	(b)	state that the entry is authorised at any time of the day or night, or specify particular hours during which the entry is authorised; and
	(c)	include a description of the kind of things in relation to which the powers listed in section 58 may be exercised; and
	(d)	specify a date, not later than 1 month after the date on which the warrant is issued, on which the warrant ceases to have effect.
	(4)		If in the course of searching under a warrant for things of a particular kind connected with a particular offence, an authorised officer—
	(a)	finds a thing that the officer has reasonable grounds for believing is—
	(i)	connected with the offence, although not a thing of the kind specified in the warrant; or
	(ii)	connected with another offence against this Act; and
	(b)	is satisfied that it is necessary to exercise any of the powers listed in section 58 in relation to the thing to prevent the committing, continuing or repeating of the offence or the other offence;
the warrant shall be taken to authorise the officer to exercise those powers in relation to that thing.
Division 8.3	Seizure, retention and disposal of things
61	Seizure
	(1)		An authorised officer may seize anything under a power of seizure under this part if he or she has reasonable grounds for believing that it is connected with an offence against this Act and the seizure is necessary—
	(a)	to prevent the thing being—
	(i)	concealed, lost, damaged or destroyed; or
	(ii)	used to commit the offence; or
	(b)	to conduct tests for the purpose of adducing evidence in a prosecution for the offence.
	(2)		A person shall not, without the consent in writing of the authority—
	(a)	interfere with or dispose of a thing seized under this part; or
	(b)	remove the thing from the premises on which it was seized or to which it was taken by the authorised officer who seized it.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(3)		Where an authorised officer has seized a thing under this part, he or she shall give a receipt for the thing to—
	(a)	the occupier of the premises on which it was seized; or
	(b)	the person who had possession, custody or control of the thing immediately before it was seized.
62	Retention to adduce evidence
	(1)		The following provisions apply in relation to anything seized under this part:
	(a)	the thing shall be held by the authorised officer for the purpose of adducing evidence in a prosecution for an offence against this Act, unless the authority authorises the release of the thing to its owner or the person who had possession, custody or control of the thing immediately before it was seized;
	(b)	if a prosecution for an offence against this Act is instituted within the prescribed period and the defendant is found guilty, the court may order that—
	(i)	the thing be forfeited to the authority; or
	(ii)	the defendant pay to the authority an amount equal to the market value of the thing at the time of the seizure, being the value determined by the court;
	(c)	if—
	(i)	a prosecution for an offence against this Act is not instituted within the prescribed period; or
	(ii)	on such a prosecution being instituted within that period, the defendant is found not guilty or the court does not make an order under paragraph (b);
the authority shall release the thing to its owner or the person who had possession, custody or control of the thing immediately before it was seized.
	(2)		In subsection (1) (c) (i):
prescribed period means the period of 6 months commencing on the day after the seizure.
Division 8.4	Other powers
63	Power to require name and address
	(1)		Where an authorised officer—
	(a)	finds a person committing an offence against this Act; or
	(b)	has reasonable grounds for believing that a person has committed an offence against this Act;
the officer—
	(c)	may require the person to state the person’s name and address; and
	(d)	in doing so, shall—
	(i)	inform the person of the reasons for the requirement; and
	(ii)	as soon as practicable thereafter, record those reasons.
	(2)		Subject to subsection (3), a person shall not, without reasonable excuse, fail to comply with a requirement under subsection (1).
Maximum penalty:  5 penalty units.
	(3)		A person is not required to comply with a requirement under subsection (1) if, on request by the person, the authorised officer does not produce his or her identity card.

Part 9	Miscellaneous
    
63A	Moratorium on granting licences etc
	(1)	The operation of the following provisions is suspended:
	(a)	section 28 (1) to (10) (Allocation of water);
	(b)	section 35 (1) to (4) (Licence to take water);
	(c)	section 44 (1) and (2) (Bore construction permit);
	(d)	section 47 (2), (3) and (6) (Unlicensed recharge).
	(2)	The operation of section 77 (3) (Review of decisions) is suspended in relation to decisions under the suspended provisions.
	(3)	Without limiting subsection (1)—
	(a)	an application cannot be made for an allocation, licence or permit mentioned in the suspended provisions; and
	(b)	a decision cannot be made to grant or refuse to grant an allocation, licence or permit mentioned in the suspended provisions.
	(4)	Subsections (1) and (2) have effect subject to section 63B (Exceptions to moratorium).
	(5)	However, subsection (1) does not affect the operation of any allocation, licence or permit (including the conditions to which it is subject) if—
	(a)	it was granted before the commencement of this section; or
	(b)	it is granted after the commencement of this section because of section 63B.
63B	Exceptions to moratorium
	(1)	The operation of section 28 (1) to (10) is not suspended in relation to a grant of a water allocation to a person if—
	(a)	the grant is for an allocation of ground water under particular land; and
	(b)	the person holds or held a licence under section 35 to take ground water under the land; and
	(c)	the land is the subject of a further lease of territory land granted after the commencement of section 13.
	(2)	The operation of section 28 (1) to (10) is not suspended in relation to a grant of a water allocation to a water supply utility.
	(3)	The operation of section 28 (1) to (10) is not suspended in relation to a grant of a water allocation if the allocation is granted under a court or tribunal order made in a proceeding started before the commencement of this section.
	(4)	The operation of section 35 (1) to (4) is not suspended in relation to an application for a licence to take ground water under particular land (a new licence) if—
	(a)	the applicant holds or held a licence under section 35 to take ground water under the land; and
	(b)	the land is the subject of a further lease of territory land granted after the commencement of section 13.
	(5)	The operation of section 35 (1) to (4) is not suspended in relation to an application for a licence to take ground water under particular land if—
	(a)	the applicant holds a licence under section 35 to take ground water under the land (the existing licence); and
	(b)	the application is for a new licence to take a volume of ground water under the land that is not more than the volume of water stated in the existing licence; and
	(c)	the new licence would have effect after the end of the term of the existing licence.
	(6)	The operation of section 35 (1) to (4) is not suspended in relation to an application for a licence to take surface water from a particular place (a new licence) if—
	(a)	the applicant holds a licence under section 35 to take surface water from the place (the existing licence); and
	(b)	the application is for a new licence to take a volume of surface water from the place that is not more than the volume of water stated in the existing licence; and
	(c)	the new licence would have effect after the end of the term of the existing licence.
	(7)	The operation of section 35 (1) to (4) is not suspended in relation to an application by a water supply utility for a licence to take water.
	(8)	The operation of section 35 (1) to (4) is not suspended in relation to an application for a licence to take water if the licence is granted under a court or tribunal order made in a proceeding started before the commencement of this section.
	(9)	The operation of section 44 (1) and (2) is not suspended in relation to an application for a bore construction permit by an applicant who—
	(a)	holds a licence to take water from an existing bore; and
	(b)	is applying for a permit for works on that bore or construction of a replacement bore.
	(10)	The operation of section 44 (1) and (2) is not suspended in relation to an application for a bore construction permit if the permit is granted under a court or tribunal order made in a proceeding started before the commencement of this section.
	(11)	The operation of section 47 (2), (3) and (6) is not suspended in relation to an application for a recharge licence if the licence is granted under a court or tribunal order made in a proceeding started before the commencement of this section.
	(12)	A regulation may prescribe other exceptions for section 63A (1).
63C	End of moratorium
Section 63A, section 63B and this section expire 2 years after the day they commence.
64	Register
The authority shall establish and maintain a register of licences, water allocations, and permits granted, or transfers made, under this Act.
65	Duty not to damage waterways
	(1)		It is the duty of the lessee or occupier of land on which a waterway is situated or that adjoins a waterway to take reasonable steps to prevent damage to the bed and banks of the waterway.
	(2)		Where the authority is of the opinion that the lessee or occupier of land has failed to carry out his or her duty under subsection (1), the authority may, by notice in writing served on the lessee or occupier require the lessee or occupier to take such action as is specified in the notice—
	(a)	to prevent damage of the kind referred to in subsection (1); and
	(b)	to rectify damage that has already occurred; and
	(c)	as the authority considers necessary or desirable in the circumstances.
	(3)		A lessee or occupier shall not, without reasonable excuse, contravene a notice under subsection (2).
Maximum penalty:  100 penalty units.
	(4)		If a lessee or occupier fails to comply with a notice under subsection (2), the authority may enter the land and take the action specified in the notice and such other action as it considers appropriate to give effect to the notice.
	(5)		The reasonable expenses of the authority in taking action under subsection (4) are a debt due by the lessee or occupier, as the case may be, to the authority.
	(6)		In subsection (1):
damage does not include—
	(a)	damage caused in the normal course of an activity authorised by or under this Act; or
	(b)	damage of a minor nature.
66	Destruction of works
A person shall not interfere with, damage or destroy any works constructed or equipment used under a licence granted, or a power conferred, under this Act.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
67	Interference with supply and drainage
A person shall not interrupt or interfere with—
	(a)	the taking of water; or
	(b)	the drainage of land;
under a licence granted or a power conferred under this Act.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
68	Unauthorised works
	(1)		A person shall not, without a permit, construct or alter a dam, water storage or other water control structure in such a way as to adversely affect the flow or likely flow of water in a waterway.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(2)		Subsection (1) does not apply to the construction or alteration of—
	(a)	a dam not in a waterway, the capacity of which is less than 2ML; or
	(b)	a prescribed water control structure.
	(3)		In proceedings for an offence against subsection (1), a certificate purporting to be signed by the authority stating that, on a particular date, there was, on land to which the proceedings relate, a dam, water storage or other water control structure, is evidence of the matters so stated.
69	Water control structures—permit to construct etc
	(1)		The authority may, on application, grant to a person a permit to construct or alter a dam, water storage or other water control structure in a waterway.
Note 1	A fee may be determined under s 78 (Determination of fees) for this section.
Note 2	If a form is approved under s 78A (Approved forms) for an application, the form must be used.
	(2)		In deciding whether or not to grant a permit under subsection (1) the authority shall have regard to whether—
	(a)	the structure is in the interests of the public; and
	(b)	the environment would be adversely affected; and
	(c)	environmental flows will be maintained; and
	(d)	the rights of other water users will be adversely affected; and
	(e)	the applicant is the holder of a licence under section 35 in respect of water to be taken from the structure; and
	(f)	the structure is designed to permit water to pass over, under or through it.
	(3)		The authority may grant a permit under subsection (1) subject to such conditions as are specified in the permit.
	(4)		A person shall not, without reasonable excuse, contravene a condition of a permit granted under this section.
Maximum penalty:  50 penalty units.
	(5)		A permit shall be granted for such period, not exceeding 12 months, as is specified in the permit.
	(6)		Section 49 applies to the variation of the conditions of a permit granted under this section.
	(7)	This section does not affect the operation of the Land (Planning and Environment) Act 1991.
70	Rectification of unauthorised activity
	(1)		Where a person has—
	(a)	undertaken an activity of a kind referred to in section 43 or 68; or
	(b)	contravened a condition of a licence or permit granted under this Act;
the authority may, by notice in writing served on the lessee or occupier of land on which the activity was undertaken, require the lessee or occupier to take—
	(c)	such action as is specified in the notice to rectify the effects of the activity; and 
	(d)	such other action as the authority considers necessary or desirable in the circumstances.
	(2)		A lessee or occupier of land shall not, without reasonable excuse, contravene a notice under subsection (1).
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(3)		If a person contravenes a notice under subsection (1), the authority may enter the land and take the action specified in the notice and such other action as it considers appropriate to give effect to the notice.
	(4)		The reasonable expenses of the authority in taking action under subsection (3) are a debt payable by the person to the Territory.
72	Recovery of unpaid moneys
Where a fee or charge imposed under this Act remains unpaid for 30 days after the day it is payable, the authority may—
	(a)	suspend or cancel the licence or allocation to which the fee or charge relates; or
	(b)	cease to provide a service to which the unpaid fees or charges relate;
until such time as the fee or charge is paid or recovered.
73	Acts and omissions of representatives
	(1)	In this section:
person means an individual.
Note	See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.
representative, of a person, means an employee or agent of the person.
state of mind, of a person, includes—
	(a)	the person’s knowledge, intention, opinion, belief or purpose; and
	(b)	the person’s reasons for the intention, opinion, belief or purpose.
	(2)	This section applies to a prosecution for any offence against this Act.
	(3)	If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show—
	(a)	the act was done or omission made by a representative of the person within the scope of the representative’s actual or apparent authority; and
	(b)	the representative had the state of mind.
	(4)	An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative’s actual or apparent authority is also taken to have been done or omitted to be done by the person.
	(5)	However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.
	(6)	A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).
74	Criminal liability of officers of body corporate
	(1)		Where a body corporate commits an offence against this Act, a prescribed officer of the body corporate—
	(a)	is guilty of the offence; and
	(b)	is liable, on conviction, to a penalty not exceeding the maximum penalty that may be imposed for a contravention of the offence when committed by a natural person.
	(2)		It is a defence to a prosecution for an offence against subsection (1) that—
	(a)	the defendant exercised due diligence to prevent the body corporate from doing the act or making the omission alleged to constitute the offence or an element of the offence committed by the body corporate; or
	(b)	an officer or employee of the body corporate occupying the defendant’s position could not reasonably have been expected to be aware of the contravention; or
	(c)	the body corporate would not have been found guilty of the offence by reason of its being able to establish a defence available to it under this Act.
	(3)		A prescribed officer may be prosecuted and convicted of an offence against subsection (1) whether or not the body corporate has been prosecuted for or convicted of the offence.
	(4)		In this section:
prescribed officer, in relation to an offence committed by a body corporate, means—
	(a)	an officer of the body corporate who is involved in the direction, management or control of the body corporate; or
	(b)	an employee of the body corporate whose duties include advising or making decisions concerning matters to which the offence relates.
75	Evidentiary—general
A certificate purporting to be signed by the authority stating that—
	(a)	a person was or was not, on a specified day, the holder of a licence or permit under this Act; or
	(b)	a person was or was not, on a specified day, the lessee of specified land; or
	(c)	a particular location is a waterway or bore;
is evidence of the matters so stated.
76	Compensation
	(1)		The Territory is liable to pay compensation to the lessee or occupier of land for—
	(a)	the value of any modification directed to be carried out under section 34; and
	(b)	the expenses of removal incurred by the lessee or occupier under that section.
	(2)		For subsection (1), the value of a dam, embankment, wall or other structure to be modified or removed will be taken to be—
	(a)	the amount by which it increased the value of the land; or
	(b)	the cost, at the time of removal, or of replacing it;
whichever is the lesser.
	(3)		The Territory is liable to pay compensation to the lessee or occupier of land entered under section 17 for damage by the authority in excess of that which could reasonably be expected to occur as a consequence of the exercise of his or her functions under that section.
77	Review of decisions
	(1)		Application may be made to the administrative appeals tribunal for review of a decision of the authority—
	(a)	under section 30 reducing a water allocation; and
	(b)	under section 31 (1) refusing to grant approval to transfer the whole or part of a water allocation; and
	(c)	under section 35 (1) refusing to grant a licence to take water; and
	(d)	under section 35 (2) granting a licence to take water subject to a specified condition; and
	(d)	under section 35 (6) granting a licence to take water for a specified period; and
	(e)	under section 37 (1) refusing to approve a transfer of a licence to take water; and
	(f)	under section 37 (2) approving the transfer of a licence to take water for a specified period; and
	(g)	under section 38 cancelling a licence; and
	(h)	under section 39 (2) refusing to grant a driller’s licence; and
	(g)	under section 39 (3) granting a driller’s licence subject to a specified condition; and
	(h)	under section 39 (5) granting a driller’s licence for a specified period; and
	(i)	under section 41 cancelling a driller’s licence; and
	(j)	under section 44 (1) refusing to grant a bore construction permit; and
	(k)	under section 44 (3) granting a bore construction permit subject to a specified condition; and
	(l)	under section 44 (5) cancelling a bore construction permit; and
	(m)	under section 44 (7) granting a bore construction permit for a specified period; and
	(n)	under section 46 (1) giving a direction; and
	(o)	under section 47 (2) refusing to grant a recharge licence; and
	(p)	under section 47 (3) granting a recharge licence subject to a specified condition; and
	(q)	under section 47 (5) granting a recharge licence for a specified period; and
	(r)	under section 48 cancelling a recharge licence; and
	(s)	under section 49 (2) varying or revoking a condition or imposing a condition on a licence or permit; and
	(t)	under section 65 (2) requiring action to be taken; and
	(u)	under section 69 (1) refusing to grant a permit; and
	(v)	under section 69 (3) granting a permit subject to a specified condition; and
	(w)	under section 69 (5) granting a permit for a specified period.
	(2)	If the authority makes a decision mentioned in subsection (1) in relation to an application, licence or permit, the authority must give written notice of the decision to the applicant or the holder of the licence or permit.
	(3)		If the authority fails to make a decision of the kind referred to in subsection (1) (b), (c), (e), (f), (h), (j), (o) or (u) within a reasonable time, the authority shall be taken to have made a decision refusing to grant the licence or permit or to approve a transfer of a licence, as the case requires.
	(4)		A notice under subsection (2) shall be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B.
78	Determination of fees
	(1)	The Minister may, in writing, determine fees for this Act.
Note	The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(3)	A reference in this section to a fee includes a reference to a fee that is a tax.
78A	Approved forms
	(1)	The authority may, in writing, approve forms for this Act.
	(2)	If the authority approves a form for a particular purpose, the approved form must be used for that purpose.
Note	For other provisions about forms, see the Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
79	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note 	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(2)	The regulations may make provision in relation to—
	(a)	anything by applying, adopting or incorporating (with or without change) any instrument, or any provision of an instrument, as in force from time to time; and
	(b)	the transfer of licences; and
	(c)	the way the quantity of water that may be taken by a person under this Act is assessed; and
	(d)	the keeping of records and the provision of information to the authority; and
	(e)	the regulation of the taking of water.
Note 1	A statutory instrument may also apply, adopt or incorporate (with or without change) a law or instrument (or a provision of a law or instrument) as in force at a particular time (see Legislation Act 2001, s 47 (1)).
Note 2	If a statutory instrument applies, adopts or incorporates a law or instrument (or a provision of a law or instrument), the law, instrument or provision may be taken to be a notifiable instrument that must be notified under the Legislation Act 2001 (see s 47 (2)-(6)).
	(3)	The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.

Dictionary
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act, dict, pt 1, defines the following terms:
·	ACT
·	administrative appeals tribunal
·	chief fire control officer
·	Commonwealth
·	environment protection authority
·	fire brigade
·	fire commissioner
·	function
·	notifiable instrument (see s 10)
·	police officer
·	public employee
·	State
·	the Territory
·	writing.
allocation, in relation to water, means an allocation granted under part 6.
authorised officer means an authorised officer under the Environment Protection Act, section 14 (3).
authority means the environment protection authority.
bore means a bore, hole, well, excavation or other opening in the ground or an underground cavity (whether occurring naturally or having been artificially constructed or modified)—
	(a)	from which ground water is, or is capable of being, obtained or used; or
	(b)	that is used, or is capable of being used, for the disposal of water or waste below the surface of the ground but does not include a subsoil drain.
bore construction permit means a permit granted under section 44.
connected, for part 8 (Enforcement)—see section 54.
drill, in relation to a bore, means to drill the bore or to excavate a bore in any other manner and includes to deepen or widen an existing bore.
driller’s licence means a driller’s licence granted under section 39.
environmental flow, in relation to a waterway or aquifer, means the environmental flow for that waterway or aquifer ascertained in accordance with guidelines under section 5.
environmental flow guidelines means guidelines approved under section 9.
Environment Protection Act means the Environment Protection Act 1997.
flow, in relation to surface water and ground water, includes the discharge, release, escape or passage of the water.
interstate water allocation means an allocation of water made under a corresponding law of a State or another Territory that regulates the allocation of water.
land includes a building or structure on land.
licence to take water means a licence granted under section 35.
management plan means a management plan prepared under part 5 as varied and in effect from time to time.
newspaper means a newspaper published and circulating in the ACT.
offence, for part 8 (Enforcement)—see section 54.
premises, for part 8 (Enforcement)—see section 54.
register means the register established and maintained under section 64.
recharge licence means a licence granted under section 47.
reuse, in relation to water, includes to use wastewater, whether or not it has been treated.
stormwater means water run-off from an urban area that is normally collected by a stormwater system.
stormwater system means a system of pipes, gutters, drains and channels, being public works constructed to collect or transport stormwater in or through an urban area.
subsoil drain means an underground pipe or construction the purpose of which is to drain underground water—
	(a)	to protect a building, retaining wall, excavation, roadway or other construction from seepage or water pressure; or 
	(b)	to facilitate the use of an area of ground by eliminating or reducing wet ground conditions in that area.
surface water means—
	(a)	water flowing over land (including in a waterway)—
	(i)	after having fallen as rain or hail or having precipitated in any other manner; or
	(ii)	after rising to the surface naturally from underground; or
	(b)	water of a kind referred to in paragraph (a) that has been collected in a dam or reservoir.
take, in relation to water, includes—
	(a)	in the case of bore water—to allow water to flow or be pumped from the bore; and
	(b)	in any other case—
	(i)	to withdraw, pump, extract, use or reuse, and to divert for the purpose of using or reusing, the water; or
	(ii)	to do any other thing that results in a reduction of flow in a waterway.
wastewater means water that is the by-product of an activity, being water that—
	(a)	contains other matter (whether in a solid, liquid or gaseous state); or
	(b)	if added to receiving waters—has the potential to pollute those waters.
water includes water that contains impurities.
waterway means—
	(a)	a river, creek, stream or other natural channel in which water flows (whether permanently or intermittently); or
	(b)	the stormwater system or any other channel formed (whether in whole or part) by altering or relocating a waterway mentioned in paragraph (a); or
	(c)	a lake, pond, lagoon or marsh (whether formed by geomorphic processes or by works) in which water collects (whether continuously or intermittently);
and includes—
	(d)	the bed that the water in the waterway normally flows over or is covered by; and
	(e)	the banks that the water in the waterway normally flows between or is contained by;
but does not include land normally not part of the waterway that may be covered from time to time by floodwaters from the waterway.
works permit means a permit granted under section 69.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Water Resources Act 1998 No 63
notified 11 December 1998 (Gaz 1998 No S209)
ss 1-4, 13, 81 and 83 commenced 11 December 1998 (s 2 (1))
ss 5-12, 14-26, 39-46, 49-79 and 82 commenced 4 March1999 (s 2 (2) and Gaz 1999 No S11)
remainder commenced 11 December 1999 (s 2 (3))
as amended by
Water Resources Amendment Act 1999 No 88
notified 23 December 1999 (Gaz 1999 No S65)
commenced 23 December 1999 (s 2) 
Legislation (Consequential Amendments) Act 2001 No 44 pt 415
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (LA s 75)
pt 415 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.38, sch 2 pt 2.99
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 1 pt 1.38, sch 2 pt 2.99 commenced 9 April 2004 (s 2 (1))
Emergencies Act 2004 A2004-28 sch 3 pt 3.26
notified LR 29 June 2004
s 1, s 2 commenced 29 June 2004 (LA s 75 (1))
pt 3.26 commenced 1 July 2004 (s 2 (1) and CN2004-11)
Statute Law Amendment Act 2004 A2004-42 sch 3 pt 3.21
notified LR 11 August 2004
s 1, s 2 commenced 11 August 2004 (LA s 75 (1))
sch 3 pt 3.21 commenced 25 August 2004 (s 2 (1))
Water Resources Amendment Act 2005 A2005-35
notified LR 31 August 2005
s 1, s 2 commenced 31 August 2005 (LA s 75 (1))
remainder commenced 1 September 2005 (s 2)
as repealed by
Water Resources Act 2007 A2007-19 s 207
notified LR 20 June 2007
s 1, s 2 commenced 20 June 2007 (LA s 75 (1))
s 207 commenced 1 August 2007 (s 2 and CN2007-8)
4	Amendment history
Name of Act
s 1	sub A2004-42 amdt 3.96
Commencement
s 2	om R1 LRA
Dictionary
s 4	defs reloc to dict A2004-42 amdt 3.99
	sub A2004-42 amdt 3.100
	def determined fee om 2001 No 44 amdt 1.4287
Notes
s 4A	ins A2004-42 amdt 3.100
Guidelines—consultation
s 6	am 2001 No 44 amdts 1.4288-1.4290; R2 LA (see 2001 No 44 amdt 1.4291)
Guidelines—Minister’s powers
s 9	am 2001 No 44 amdts 1.4292-1.4294
Commencement of environmental flow guidelines
s 11	sub 2001 No 44 amdt 1.4295
Territory rights to water
s 13	am A2004-42 amdt 3.101
Delegation
s 15	sub A2004-42 amdt 3.102
Preparation of management plan
s 20	sub 2001 No 44 amdt 1.4296
Consultation
s 21	am 2001 No 44 amdts 1.4297-1.4299; R2 LA (see 2001 No 44 amdt 1.4300)
Formal changes
s 22	sub 2001 No 44 amdt 1.4301
Minister’s powers
s 24	am 2001 No 44 amdts 1.4302-1.4304; R2 LA
Commencement of management plan
s 26	sub 2001 No 44 amdt 1.4305
Application of pt 6
s 27	am A2004-42 amdt 3.103
Allocation of water
s 28	am 2001 No 44 amdts 1.4306-1.4309; R2 LA (see 2001 No 44 amdt 1.4310); A2004-42 amdt 3.104, amdt 3.105
Matters taken into account—allocation of water
s 29	am A2004-42 amdt 3.106
Licences to take water
div 7.1 hdg 	(prev pt 7 div 1 hdg) renum R2 LA
Unlicensed taking of water
s 33	am A2004-28 amdt 3.69, amdt 3.70; A2004-42 amdt 3.107
Limitation of right to take water
s 34	am 2001 No 44 amdts 1.4311-1.4313; R2 LA (see 2001 No 44 amdt 1.4314)
Licence to take water
s 35	am 2001 No 44 amdts 1.4315-1.4316; R2 LA (see 2001 No 44 amdt 1.4317); A2004-42 amdt 3.110
Licences for utilities
s 35A	ins A2005-35 s 4
Drillers’ licences
div 7.2 hdg 	(prev pt 7 div 2 hdg) renum R2 LA
Unlicensed drilling
s 39	am 2001 No 44 amdts 1.4318-1.4319; R2 LA (see 2001 No 44 amdt 1.4320)
Bores
div 7.3 hdg 	(prev pt 7 div 3 hdg) renum R2 LA
Bore construction permit
s 44	am 2001 No 44 amdts 1.4321-1.4322; R2 LA (see 2001 No 44 amdt 1.4323)
Recharge licences
div 7.4 hdg 	(prev pt 7 div 4 hdg) renum R2 LA
Unlicensed recharge
s 47	am 2001 No 44 amdts 1.4324-1.4325; R2 LA (see 2001 No 44 amdt 1.4326)
General
div 7.5 hdg 	(prev pt 7 div 5 hdg) renum R2 LA
Notification of grants etc
s 50	sub 2001 No 44 amdt 1.4327
Selfincrimination
s 51	am A2004-15 amdt 2.209
False or misleading information
s 52	om A2004-15 amdt 2.210
Failing to comply with requirement of authorised officer
s 53 hdg	sub A2004-15 amdt 2.211
s 53	am A2004-15 amdt 2.212, amdt 2.213
Preliminary
div 8.1 hdg 	(prev pt 8 div 1 hdg) renum R2 LA
Definitions for pt 8
s 54	sub A2004-42 amdt 3.111
	def connected ins A2004-42 amdt 3.111
	def offence sub A2004-42 amdt 3.111
	def premises sub A2004-42 amdt 3.111
	def thing om A2004-42 amdt 3.111
Entry and inspection generally
div 8.2 hdg 	(prev pt 8 div 2 hdg) renum R2 LA
Seizure, retention and disposal of things
div 8.3 hdg 	(prev pt 8 div 3 hdg) renum R2 LA
Other powers
div 8.4 hdg 	(prev pt 8 div 4 hdg) renum R2 LA
Moratorium on granting licences etc
s 63A	ins A2005-35 s 5
	exp 1 September 2007 (s 63C)
Exceptions to moratorium
s 63B	ins A2005-35 s 5
	exp 1 September 2007 (s 63C)
End of moratorium
s 63C	ins A2005-35 s 5
	exp 1 September 2007 (s 63C)
Water control structures—permit to construct etc
s 69	am 2001 No 44 amdts 1.4328-1.4329; R2 LA (see 2001 No 44 amdt 1.4330); A2004-42 amdt 3.112
Rectification of unauthorised activity
s 70	am A2004-42 amdt 3.113
Periodic fees
s 71	sub 1999 No 88 s 4
	om 2001 No 44 amdt 1.4331
Recovery of unpaid moneys
s 72	am A2004-42 amdt 3.114
Acts and omissions of representatives
s 73	sub A2004-15 amdt 1.42
Compensation
s 76	am A2004-42 amdt 3.115
Review of decisions
s 77	am A2004-42 amdt 3.116
Determination of fees
s 78	sub 1999 No 88 s 5
	am 2001 No 44 amdts 1.4332- 1.4334; A2004-42 amdt 3.117; ss renum R5 LA (see A2004-42 amdt 3.118)
Approved forms
s 78A	ins 2001 No 44 amdt 1.4335
	am A2004-42 amdt 3.119
Regulation-making power
s 79	sub 2001 No 44 amdt 1.4336
Review of decisions
s 80	om A2004-42 amdt 3.120
Transitional and consequential provisions
pt 10	om 2001 No 44 amdt 1.4337
Amendments of Lakes Act 1976
s 82	om R1 LRA
Amendment of Land (Planing and Environment) Act 1991
s 83	om R1 LRA
Dictionary
dict	ins A2004-42 amdt 3.121
	def allocation reloc from s 4 A2004-42 amdt 3.99
	def authorised officer reloc from s 4 A2004-42 amdt 3.99
	def authority sub A2004-42 amdt 3.97
	reloc from s 4 A2004-42 amdt 3.99
	def bore reloc from s 4 A2004-42 amdt 3.99
	def bore construction permit reloc from s 4 A2004-42 amdt 3.99
	def connected ins A2004-42 amdt 3.121
	def drill reloc from s 4 A2004-42 amdt 3.99
	def driller’s licence reloc from s 4 A2004-42 amdt 3.99
	def environmental flow reloc from s 4 A2004-42 amdt 3.99
	def environmental flow guidelines reloc from s 4 A2004-42 amdt 3.99
	def Environment Protection Act reloc from s 4 A2004-42 amdt 3.99
	def flow reloc from s 4 A2004-42 amdt 3.99
	def interstate water allocation reloc from s 4 A2004-42 amdt 3.99
	def land reloc from s 4 A2004-42 amdt 3.99
	def licence to take water reloc from s 4 A2004-42 amdt 3.99
	def management plan reloc from s 4 A2004-42 amdt 3.99
	def newspaper reloc from s 4 A2004-42 amdt 3.99
	def offence ins A2004-42 amdt 3.121
	def premises ins A2004-42 amdt 3.121
	def register reloc from s 4 A2004-42 amdt 3.99
	def recharge licence reloc from s 4 A2004-42 amdt 3.99
	def reuse reloc from s 4 A2004-42 amdt 3.99
	def stormwater reloc from s 4 A2004-42 amdt 3.99
	def stormwater system reloc from s 4 A2004-42 amdt 3.99
	def subsoil drain reloc from s 4 A2004-42 amdt 3.99
	def surface water reloc from s 4 A2004-42 amdt 3.99
	def take reloc from s 4 A2004-42 amdt 3.99
	def wastewater reloc from s 4 A2004-42 amdt 3.99
	def water reloc from s 4 A2004-42 amdt 3.99
	def waterway am A2004-42 amdt 3.98
	reloc from s 4 A2004-42 amdt 3.99
	def works permit reloc from s 4 A2004-42 amdt 3.99

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	Act 1999 No 88	31 October 2000	
2	A2001-44	30 November 2001	
3	A2004-15	9 April 2004	
4	A2004-28	1 July 2004	
5	A2004-42	25 August 2004	
6	A2005-35	1 September 2005	

©  Australian Capital Territory 2007