2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for the Environment, Water and Climate Change)
Water Resources Bill 2007

Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Dictionary	2
	4	Notes	3
	5	Offences against Act—application of Criminal Code etc	3
Part 2	Main principles and concepts
	6	Objects of Act	4
	7	Territory rights to water	4
	8	Surface water	4
	9	Ground water	5
	10	Waterway	5
	11	Taking water	6
Part 3	Environmental flow guidelines
	12	Environmental flow guidelines	7
	13	Environmental flow guidelines—preparation by authority	7
	14	Environmental flow guidelines—consultation	7
	15	Environmental flow guidelines—submission to Minister	8
Part 4	Water access entitlements
	16	Water management areas	10
	17	Amounts of water available from areas	10
	18	Amounts of water reasonable for uses	11
	19	Water access entitlements	11
	20	Water access entitlement—application	12
	21	Water access entitlement—decision on application	12
	22	Water access entitlement—content	14
	23	Water access entitlement—conditions	15
	24	Water access entitlement—amendment	15
	25	Water access entitlement—special provision for certain entitlements based on surviving allocations etc	17
	26	Water access entitlement—transfer	18
	27	Water access entitlement—effect of transfer on licence to take water	19
Part 5	Licences
Division 5.1	Licences to take water
	28	Licence to take water—requirement	20
	29	Licence to take water—application	22
	30	Licence to take water—decision on application	22
	31	Licence to take water—conditions	24
	32	Licence to take water—where water may be taken	25
Division 5.2	Driller’s licences
	33	Driller’s licence—requirement	26
	34	Driller’s licence—application	26
	35	Driller’s licence—decision on application	26
	36	Driller’s licence—conditions	27
Division 5.3	Bore work licences
	37	Bore work licence—requirement	27
	38	Bore work licence—application	28
	39	Bore work licence—decision on application	29
	40	Bore work licence—conditions	29
Division 5.4	Waterway work licences
	41	Definitions—div 5.4	29
	42	Waterway work licence—requirement	30
	43	Waterway work licence—application	30
	44	Waterway work licence—decision on application	31
	45	Waterway work licence—conditions	32
	46	Planning and Development Act not affected	32
Division 5.5	Recharge licences
	47	Recharge licence—requirement	32
	48	Recharge licence—application	32
	49	Recharge licence—decision on application	33
	50	Recharge licence—conditions	33
	51	Recharge licence—cancellation	34
Division 5.6	Licences—general provisions
	52	Licences—term	34
	53	Licences—renewal	34
	54	Licences—not transferable	35
	55	Licences—amendment	35
	56	Licences—surrender	36
	57	Offence—failing to produce licence	36
	58	Offence—contravening licence conditions	36
	59	Offences—contravening certain conditions of licence to take water	36
Part 6	Disciplinary action
	60	Grounds for disciplinary action	38
	61	Disciplinary action	38
	62	Taking disciplinary action	39
	63	Effect of suspension of entitlement, allocation or licence	40
Part 7	Administration
	64	Functions of environment protection authority	41
	65	Delegation	42
	66	Register	42
	67	Inspection of register	43
Part 8	Assessment of water resources
	68	Water resources investigation	44
	69	Cooperation etc with other jurisdictions	45
	70	Things fixed to land by authority not taken to be fixtures	45
Part 9	Protection of water resources
	71	Notice prohibiting or restricting taking of water	46
	72	Direction to modify or remove water structure	47
	73	Direction to rectify effect of unauthorised activity etc	47
	74	Direction to prevent or rectify damage to bed or bank of waterway	48
	75	Directions in relation to unlicensed taking of surface water	49
	76	Directions in relation to bores	49
	77	Action by authority if notice or direction contravened	50
Part 10	Enforcement
Division 10.1	General
	78	Definitions—pt 10	52
Division 10.2	Powers of authorised officers
	79	Power to enter premises	52
	80	Production of identity card	53
	81	Consent to entry	53
	82	General powers on entry to premises	54
	83	Power to seize things	55
	84	Power to require name and address	56
Division 10.3	Search warrants
	85	Warrants generally	57
	86	Warrants—application made other than in person	58
	87	Search warrants—announcement before entry	60
	88	Details of search warrant to be given to occupier etc	60
	89	Occupier entitled to be present during search etc	61
Division 10.4	Return and forfeiture of things seized
	90	Receipt for things seized	61
	91	Moving things to another place for examination or processing under search warrant	62
	92	Access to things seized	63
	93	Return or forfeiture of things seized	63
Part 11	Review of decisions
	94	Reviewable decisions	65
	95	Review of decisions	66
	96	Notice of reviewable decisions	66
Part 12	Miscellaneous
	97	Protection of officials from liability	67
	98	Damage etc to be minimised	67
	99	Compensation for exercise of powers	68
	100	Incorporation of documents	69
	101	Inspection of incorporated documents	69
	102	Notification of certain incorporated documents	70
	103	Evidentiary certificates	71
	104	Criminal liability of corporation officers	72
	105	Selfincrimination etc	74
	106	Nonpayment of fees	75
	107	Determination of fees	75
	108	Approved forms	75
	109	Regulation-making power	75
Part 13	Surviving allocations
	110	Survival of allocations	77
	111	Surviving allocations—surrender generally	77
	112	Surviving allocations—surrender by water utility	79
	113	Surviving allocations—surrender by holder no longer owner or occupier of land	79
Part 20	Transitional
	200	Environmental flow guidelines	80
	201	Existing licences and permits	80
	202	Water access entitlement for certain existing licence holders	81
	203	Information on register	82
	204	References to Planning and Development Act	82
	205	Transitional regulations	82
	206	Expiry—pt 20	83
Part 21	Repeals and consequential amendments
	207	Legislation repealed	84
	208	Administrative Decisions (Judicial Review) Act 1989
Schedule 1, item 18	84
	209	Gunghalin Drive Extension Authorisation Regulation 2004
Section 4 (e)	84
	210	Land (Planning and Environment) Regulation 1992
Schedule 1, item 3 (d)	84
	211	Utilities Act 2000
Section 20 (2) (l)	85
Dictionary		86

2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for the Environment, Water and Climate Change)
Water Resources Bill 2007

A Bill for
An Act to provide for sustainable management of the water resources of the Territory, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Water Resources Act 2007.
2	Commencement
This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
3	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 ‘offence, for part 10 (Enforcement)—see section 78.’ means that the term ‘offence’ is defined in that section for part 10.
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)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2	Main principles and concepts
6	Objects of Act
The objects of this Act are—
	(a)	to ensure that management and use 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 aquatic ecosystems and aquifers from damage and, where practicable, to reverse damage that has already happened; and
	(c)	to ensure that the water resources are able to meet the reasonably foreseeable needs of future generations.
7	Territory rights to water
Subject to this Act, the right to the use, flow and control of all water of the Territory is vested in the Territory and is exercisable by the Minister on behalf of the Territory.
8	Surface water
For this Act, surface water means—
	(a)	water on or flowing over land (including in a waterway) after having—
	(i)	fallen as rain or hail or precipitated in any other way; or
	(ii)	risen to the surface naturally from underground; or
	(iii)	been returned to the environment following treatment or use; and
	(b)	water mentioned in paragraph (a) that has been collected in a dam, reservoir or rainwater tank.
9	Ground water
	(1)	For this Act, ground water means water occurring or obtained from below the surface of the ground or beneath a waterway.
	(2)	Ground water includes water occurring in or obtained or flowing from a bore.
	(3)	However, ground water does not include water occurring in or obtained or flowing from any other system for the distribution, reticulation, transportation, storage or treatment of water or waste.
10	Waterway
	(1)	For this Act, waterway means—
	(a)	a river, creek, stream or other natural channel in which water flows (whether continuously or intermittently); or
	(b)	the stormwater system or any other channel formed (whether completely or partly) 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).
	(2)	Waterway includes—
	(a)	the bed that the water in the waterway normally flows over or is covered by; and
	(b)	the banks that the water in the waterway normally flows between or is contained by.
	(3)	However, waterway does not include land normally not part of the waterway that may be covered from time to time by floodwaters from the waterway.
	(4)	In this section:
stormwater means water run-off that is normally collected by a stormwater system.
stormwater system means a system of pipes, gutters, drains and channels that are public works constructed to collect or transport stormwater in or through an urban area.
11	Taking water
	(1)	For this Act, take water includes—
	(a)	in relation to surface water—
	(i)	withdraw, pump, extract or use surface water; and
	(ii)	divert surface water for the purpose of using it; and
	(iii)	do anything else that results in a reduction of flow of surface water in a waterway; and
	(b)	in relation to ground water—allow ground water to flow or be pumped from a bore.
	(2)	However, a person does not take water if the person uses water taken by someone else under a licence to take water.
Example—s (2)
using water provided by a water utility
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Part 3	Environmental flow guidelines
12	Environmental flow guidelines
	(1)	The Minister may approve guidelines (environmental flow guidelines) for working out the flow of water that is needed to maintain aquatic ecosystems.
Note	Power to make a statutory instrument (including guidelines) includes power to amend or repeal the instrument (see Legislation Act, s 46 (1)).
	(2)	Environmental flow guidelines approved by the Minister are a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
13	Environmental flow guidelines—preparation by authority
	(1)	Before the Minister approves environmental flow guidelines, the authority must prepare draft environmental flow guidelines for the Minister’s approval.
	(2)	In preparing draft guidelines, the authority must consider principally the ecological needs of aquatic ecosystems but may also take into account the environmental, economic and social impact of the guidelines.
14	Environmental flow guidelines—consultation
	(1)	After preparing draft guidelines under section 13, the authority must prepare a written notice (a consultation notice)—
	(a)	containing a brief description of the draft guidelines; and 
	(b)	stating that copies of the draft guidelines are available for public inspection for a period (the consultation period) and at the place stated in the notice; and
	(c)	inviting people to give written comments about the draft guidelines to the authority in the consultation period.
	(2)	The consultation period must be at least 60 days.
	(3)	The consultation notice—
	(a)	is a notifiable instrument; and
	(b)	must be published in a daily newspaper circulating generally in the ACT.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	The authority must consider any written comments given to it in the consultation period and may revise the draft guidelines in accordance with the comments as it considers appropriate.
	(5)	This section does not apply to a draft amendment of the environmental flow guidelines that is to make formal changes only.
15	Environmental flow guidelines—submission to Minister
	(1)	The authority must submit the draft guidelines (including any revision under section 14 (4)) to the Minister for approval, together with a written report—
	(a)	about the authority’s consultation with the public and with any particular person or entity about the draft guidelines; and
	(b)	setting out the issues raised in the comments given to the authority under section 14 in the consultation period.
	(2)	On receiving draft guidelines submitted for approval, the Minister may—
	(a)	approve the guidelines as submitted; or
	(b)	refer the draft back to the authority with a written direction to do 1 or more of the following:
	(i)	conduct further stated consultation;
	(ii)	consider any revision suggested by the Minister;
	(iii)	revise the draft in a stated way.
	(3)	If the Minister refers draft guidelines back to the authority under subsection (2) (b), the authority must—
	(a)	comply with the Minister’s directions; and
	(b)	resubmit the draft guidelines (with any revisions required) 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.
	(4)	Subsection (2) applies to draft guidelines resubmitted to the Minister for approval.

Part 4	Water access entitlements
16	Water management areas
	(1)	The Minister must determine areas (water management areas) for managing the water resources of the Territory.
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
17	Amounts of water available from areas
	(1)	The Minister must determine—
	(a)	the total amount of surface water that is available for taking in each water management area; and
	(b)	the total amount of ground water that is available for taking in each water management area.
	(2)	The amounts must be determined taking into account—
	(a)	the environmental flow guidelines; and
	(b)	the total water resources of the Territory; and
	(c)	any investigations undertaken by the authority to establish sustainable yields for the water management area.
	(3)	The Minister may also determine, for any water management area, an amount of the water determined under subsection (1) that is to be reserved for future use.
	(4)	If the Minister makes a determination reducing the amount of water reserved for future use under subsection (3), the determination may state the reason for the reduction.
	(5)	A determination under this section is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
18	Amounts of water reasonable for uses
	(1)	The Minister may determine guidelines for working out the amounts of water that are reasonable amounts for particular uses. 
Note	Decisions about granting water access entitlements and issuing licences to take water require consideration of what are reasonable amounts for intended uses (see s 21 (2) (a) (ii) and s 30 (2) (c)). 
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
19	Water access entitlements
	(1)	A water access entitlement is an entitlement to the amount of surface water or ground water stated in the entitlement.
	(2)	The amount must be stated as the lesser of—
	(a)	a percentage of the total amount of the surface water or ground water available for taking from time to time in the water management area stated in the entitlement; and
	(b)	a stated maximum volume.
Note	Because a water access entitlement entitles the holder to a percentage of the water available for taking, and that amount is likely to vary from time to time, the entitlement does not guarantee that a particular volume of water, or any water, will be available under the entitlement.
20	Water access entitlement—application
	(1)	A person may apply to the Minister for a water access entitlement.
Note 1	If a form is approved under s 108 for this provision, the form must be used.
Note 2	A fee may be determined under s 107 for this provision.
	(2)	The application must be in writing and must state—
	(a)	the applicant’s name; and
	(b)	whether the applicant seeks surface water or ground water; and
	(c)	the amount of water sought; and
	(d)	the water management area to which the amount relates; and
	(e)	the intended use of the water; and
	(f)	the place where the applicant intends to access the water and the basis of the applicant’s right to have access to that place.
	(3)	The Minister may, by written notice given to the applicant, require the applicant to give the Minister additional information or documents the Minister reasonably needs to decide the application.
	(4)	If the applicant does not comply with a requirement under subsection (3), the Minister may refuse to consider the application further.
21	Water access entitlement—decision on application
	(1)	On application by a person for a water access entitlement, the Minister must—
	(a)	grant the water access entitlement; or
	(b)	refuse to grant the water access entitlement.
	(2)	The Minister must not grant the water access entitlement unless satisfied that—
	(a)	the amount of water to which the entitlement would give access—
	(i)	is available for taking having regard to any determination in force under section 17 (Amounts of water available from areas) and any other water access entitlements and surviving allocations that exist in relation to the water management area; and
	(ii)	is not more than a reasonable amount for the intended use having regard to any determination in force under section 18 (Amounts of water reasonable for uses); and
	(b)	the water is not intended to be used on urban residential property; and
	(c)	the intended use of the water is otherwise consistent with the Territory plan; and
	(d)	the applicant does not hold a surviving allocation; and
Note	Surviving allocations are water allocations that were granted under the repealed Act. A person holding a surviving allocation may surrender it, and be granted a water access entitlement, under this Act, pt 13 (Surviving allocations).
	(e)	it is appropriate to grant the entitlement having regard to—
	(i)	the applicant’s environmental record; and
	(ii)	anything else the Minister considers relevant.
	(3)	Subsection (2) (b) does not apply if the applicant is a water utility.
	(4)	In deciding applications, the Minister must give priority—
	(a)	first, to any application for surface water by the owner or occupier of land who—
	(i)	was previously able to take water without a licence because the water was taken from a waterway on or immediately adjacent to the land; and
	(ii)	can no longer do so because a boundary change was made to the land, on the Territory’s initiative, after the commencement of this Act; and
	(iii)	is seeking the water for stock or domestic use; and
	(b)	second, to any application by a person who does not have access to urban water supply and is seeking the water for stock or domestic use; and
	(c)	after that, as the Minister considers appropriate.
22	Water access entitlement—content
A water access entitlement must state—
	(a)	the name of the holder of the entitlement; and
	(b)	the amount of surface water or ground water that may be taken; and
Note	The amount must be stated as the lesser of a percentage of the total amount of water available for taking in the water management area and a stated maximum volume (see s 19 (2)).
	(c)	the water management area to which the amount relates; and
	(d)	if the holder does not have access to urban water supply and the entitlement is for water for stock or domestic use—
	(i)	that the water is for stock or domestic use; and
	(ii)	the place where the water may be taken; and
	(e)	anything else required under this Act to be stated in the water access entitlement.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
23	Water access entitlement—conditions
	(1)	A water access entitlement is subject to any condition—
	(a)	imposed when the entitlement is granted; or
	(b)	prescribed by regulation; or
	(c)	imposed on amendment of the entitlement under section 24.
Examples of conditions to which water access entitlement may be subject
1	that the water may be used only for the purpose stated in the entitlement
2	that the water may be used only in a water management area
3	that the water may be taken only from the place stated in the entitlement
4	for an entitlement to ground water granted to enable a bore to be drilled—that the entitlement will expire at the end of 12 months after the entitlement is granted if ground water is not found in that period.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The conditions to which a water access entitlement is subject are taken to be conditions of any licence to take water that is based on the entitlement.
24	Water access entitlement—amendment
	(1)	The authority may amend a water access entitlement, including by imposing a condition on, or amending an existing condition of, the entitlement.
Note	A fee may be determined under s 107 for this provision.
	(2)	However, the authority may amend an entitlement only if—
	(a)	the authority has given the holder of the entitlement written notice of the proposed amendment; and
	(b)	the notice states that written comments on the proposal may be made to the authority before the end of a stated period of at least 14 days after the day the notice is given to the holder; and
	(c)	the authority has considered any comments made before the end of the stated period.
	(3)	Subsection (2) does not apply if the holder applied for, or agreed in writing to, the proposed amendment.
	(4)	The amendment of an entitlement takes effect on—
	(a)	the date on which notice of the amendment is given to the holder; or
	(b)	if a later date is stated in the notice—that date.
	(5)	A condition imposed or amended by the authority must not be inconsistent with any condition prescribed by regulation that applies to the entitlement.
	(6)	This section does not apply to an amendment made under section 25.
25	Water access entitlement—special provision for certain entitlements based on surviving allocations etc
	(1)	This section applies to a water access entitlement granted by the authority under section 111 (Surviving allocations—surrender generally) or section 202 (Water access entitlement for certain existing licence holders) that includes a statement about where the water may be taken.
Note	The statement is included on—
·	water access entitlements granted under s 111 if no fee was paid under the repealed Act for the grant of the surrendered allocation; and
·	all water access entitlements granted under s 202. 
	(2)	On application by the holder of the entitlement, the authority must amend the water access entitlement to remove the statement.
Note	A fee may be determined under s 107 for this provision.
	(3)	The authority must also amend the entitlement to remove the statement before—
	(a)	approving a transfer of the entitlement; or 
	(b)	making any other amendment of the entitlement.
Example—s (3) (b)
changing the percentage of water that may be taken stated in the entitlement
Note 1	A fee may be determined under s 107 for this provision.
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	Subsection (3) does not apply in relation to—
	(a)	an entitlement held by a water utility; or
	(b)	an entitlement that—
	(i)	is held by a person who does not have access to urban water supply; and 
	(ii)	is for water for stock or domestic use; or
	(c)	an amendment of an entitlement held by an individual that is to be made only because the individual has changed his or her name.
26	Water access entitlement—transfer
	(1)	The holder of a water access entitlement may, with the approval of the authority, transfer the whole or part of the entitlement to someone else.
Note	A fee may be determined under s 107 for this provision.
	(2)	The authority must not approve the transfer of a water access entitlement unless satisfied that—
	(a)	the intended use of the water and the place it is proposed to be used is consistent with—
	(i)	the conditions of the entitlement; and
	(ii)	the Territory plan; and
	(b)	it is appropriate to approve the transfer having regard to—
	(i)	the transferee’s environmental record; and
	(ii)	anything else the authority considers relevant.
	(3)	A transfer of a water access entitlement may be absolute or for a limited period.
	(4)	A transfer of part of a water access entitlement must be for units no smaller than 0.5ML.
	(5)	A water access entitlement that entitles the holder to water for stock or domestic use on particular land may be transferred to someone else only if the holder’s interest in the land is also transferred to that person.
	(6)	A regulation may make provision in relation to the transfer of water access entitlements.
27	Water access entitlement—effect of transfer on licence to take water
	(1)	If a person transfers absolutely the whole of a water access entitlement or corresponding water access entitlement to which a licence to take water relates, the licence is taken to be cancelled.
	(2)	If a person transfers, for a limited period, the whole of a water access entitlement or corresponding water access entitlement to which a licence to take water relates, the licence is taken to be suspended for the period.
	(3)	If a person transfers absolutely part of a water access entitlement or corresponding water access entitlement to which a licence to take water relates, the amount of water the person is authorised to take under the licence is taken to be reduced by the amount of the transfer.
	(4)	If a person transfers, for a limited period, part of a water access entitlement or corresponding water access entitlement to which a licence to take water relates, the amount of water the person is authorised to take under the licence is taken to be reduced by the amount of the transfer for the period.
	(5)	In this section:
corresponding water access entitlement means a water access entitlement (however described) granted under a law of the Commonwealth, a State or another Territory that regulates the granting of entitlements to water and is prescribed by regulation for this definition.

Part 5	Licences
Division 5.1	Licences to take water
28	Licence to take water—requirement
	(1)	A person commits an offence if the person—
	(a)	takes surface water or ground water from a place; and 
	(b)	does not have a licence to take the water from the place.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	A person who is the owner or occupier of land commits an offence if the person—
	(a)	takes ground water from a bore on the land; and 
	(b)	does not have a licence to take the ground water.
Maximum penalty:  50 penalty units.
	(3)	An offence against subsection (2) is a strict liability offence.
	(4)	A person commits an offence if the person—
	(a)	in the conduct of a business carrying or extracting water, takes surface water from a place; and 
	(b)	does not have a licence to take the surface water.
Maximum penalty:  50 penalty units.
	(5)	An offence against subsection (4) is a strict liability offence.
	(6)	This section does not apply to—
	(a)	the taking of water from a waterway—
	(i)	for camping or similar purposes; or 
	(ii)	for watering travelling stock; or
Examples—par (a) (i)
1	bushwalking
2	picnicking
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(b)	the taking of rainwater from a rainwater tank that has been installed in accordance with the approval (if any) required under the Planning and Development Act 2007, chapter 7 (Development approvals); or
	(c)	the owner or occupier of land on or immediately adjacent to which there is a waterway who takes water from the waterway, or surface water from the land, for stock or domestic use; or
	(d)	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; or
	(e)	the taking of water by a person who is exempt under a regulation from the requirement to have a licence.
	(7)	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).
29	Licence to take water—application
	(1)	A person may apply to the authority for a licence to take water from a stated place.
Note 1	If a form is approved under s 108 for this provision, the form must be used.
Note 2	A fee may be determined under s 107 for this provision.
	(2)	The authority may, by written notice given to the applicant, require the applicant to give the authority additional information or documents the authority reasonably needs to decide the application.
	(3)	If the applicant does not comply with a requirement under subsection (2), the authority may refuse to consider the application further.
30	Licence to take water—decision on application
	(1)	On application by a person for a licence to take water, the authority must—
	(a)	issue the licence; or
	(b)	refuse to issue the licence.
	(2)	The authority must not issue the licence unless satisfied that—
	(a)	the applicant—
	(i)	holds a water access entitlement, a corresponding water access entitlement or a surviving allocation on which to base the taking of water under the licence; or
	(ii)	is exempt from this requirement under a regulation; and
	(b)	the water to be taken under the licence is to be taken from—
	(i)	the water management area stated in the water access entitlement or subcatchment stated in the surviving allocation; or
	(ii)	another water management area from which the water may be taken under section 32 (Licence to take water—where water may be taken) or under a regulation; and
	(c)	the amount of water to be taken under the licence is not more than a reasonable amount for the intended use having regard to any determination in force under section 18; and
	(d)	the water is not intended to be used on urban residential property; and
	(e)	the intended use of the water is otherwise consistent with the Territory plan; and
	(f)	the applicant has lawful authority—
	(i)	to obtain access to the place from which the water is to be taken under the licence; and
	(ii)	if the water is to be diverted from that place to where it is to be used—to divert the water; and
	(g)	if the application relates to a development for which an approval is required under the Planning and Development Act 2007, chapter 7 (Development approvals)—the development has been approved under that chapter.
	(3)	Also the authority must not issue the licence unless satisfied it is appropriate to do so having regard to—
	(a)	the applicant’s environmental record; and
	(b)	whether issuing the licence would or may—
	(i)	adversely affect the environmental flows for a particular waterway or aquifer that are required under the environmental flow guidelines; or
	(ii)	adversely affect the environment in any other way; or
	(iii)	adversely affect the interests of other water users; and
	(c)	anything else the authority considers relevant.
	(4)	Subsection (2) (d) does not apply—
	(a)	to a water utility; or
	(b)	if the entitlement on which the licence is to be based—
	(i)	was granted under section 111 (Surviving allocations—surrender generally) or section 202 (Water access entitlement for certain existing licence holders) (whether or not it has been later transferred); and
	(ii)	allows the water to be used on stated urban residential property.
	(5)	A regulation made for subsection (2) (a) may authorise the authority to exempt a person from the requirement mentioned in that subsection in the circumstances prescribed by regulation.
31	Licence to take water—conditions
	(1)	A licence to take water is subject to any condition—
	(a)	prescribed by regulation; or
	(b)	imposed on the licence by the authority.
Examples of conditions to which licence may be subject
1	that records must be kept
2	that a water meter must be installed, operated and maintained
3	that information about compliance with licence conditions must be given to the authority
4	that monitoring and testing must be done after water is taken
5	that places from which water is taken must be marked in a stated way
6	that water may only be taken at a stated rate (which may be different for different days of the year)
7	that not more than a stated maximum amount of water may be taken
8	that water must not be taken from a waterway at a time when there is no or little flow in the waterway
9	that the authority must be allowed to conduct regular routine inspections
Note 1	The licence is also subject to any condition that applies to a water access entitlement on which the licence is based (see s 23 (2)). 
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	A condition imposed by the authority must not be inconsistent with any condition prescribed by regulation that applies to the licence.
32	Licence to take water—where water may be taken
	(1)	A licence to take water held by a water utility may authorise the utility to take surface water under the licence from—
	(a)	the water management area stated in the water access entitlement on which the licence is based; or
	(b)	a place in a waterway that is downstream from the water management area; or
	(c)	any other water management area for which the utility holds a water access entitlement.
	(2)	A licence to take water held by a person other than a water utility may authorise the person to take surface water under the licence from—
	(a)	the water management area stated in the water access entitlement on which the licence is based; or
	(b)	if the water management area is prescribed by regulation for this paragraph—a place in a waterway that is downstream from the water management area.
	(3)	A licence to take water must not authorise ground water to be taken under the licence from a water management area other than the water management area stated in the water access entitlement on which the licence is based.
	(4)	In this section:
water access entitlement includes a surviving allocation. 
Note	Surviving allocation is defined in s 110.
Division 5.2	Driller’s licences
33	Driller’s licence—requirement
A person commits an offence if the person—
	(a)	does bore work; and
	(b)	does not hold a driller’s licence to do the bore work.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
34	Driller’s licence—application
	(1)	A person may apply to the authority for a driller’s licence.
Note 1	If a form is approved under s 108 for this provision, the form must be used.
Note 2	A fee may be determined under s 107 for this provision.
	(2)	The authority may, by written notice given to the applicant, require the applicant to give the authority additional information or documents the authority reasonably needs to decide the application.
	(3)	If the applicant does not comply with a requirement under subsection (2), the authority may refuse to consider the application further.
35	Driller’s licence—decision on application
	(1)	On application by a person for a driller’s licence, the authority must—
	(a)	issue the licence; or
	(b)	refuse to issue the licence.
	(2)	The authority must not issue a driller’s licence unless satisfied that—
	(a)	the applicant has the qualifications (if any) approved under subsection (3); and
	(b)	it is appropriate to issue the licence having regard to—
	(i)	the applicant’s environmental record; and
	(ii)	anything else the authority considers relevant.
	(3)	The authority may approve qualifications that must be held by a person who holds a driller’s licence.
	(4)	An approval is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
36	Driller’s licence—conditions
	(1)	A driller’s licence is subject to any condition—
	(a)	prescribed by regulation; or
	(b)	imposed on the licence by the authority.
	(2)	A condition imposed by the authority must not be inconsistent with any condition prescribed by regulation that applies to the licence.
Division 5.3	Bore work licences
37	Bore work licence—requirement
	(1)	A person who is the owner or occupier of land commits an offence if—
	(a)	bore work is done on the land; and
	(b)	the person does not have a bore work licence for the bore work.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	A person who is the holder of a driller’s licence commits an offence if—
	(a)	the person does bore work on land; and
	(b)	the owner or occupier of the land does not have a bore work licence for the bore work.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(3)	This section does not apply to bore work that is exempt from the requirement for a bore work licence under a regulation.
38	Bore work licence—application
	(1)	A person may apply to the authority for a licence to do bore work.
Note 1	If a form is approved under s 108 for this provision, the form must be used.
Note 2	A fee may be determined under s 107 for this provision.
	(2)	The authority may, by written notice given to the applicant, require the applicant to give the authority additional information or documents the authority reasonably needs to decide the application.
	(3)	If the applicant does not comply with a requirement under subsection (2), the authority may refuse to consider the application further.
39	Bore work licence—decision on application
	(1)	On application by a person for a bore work licence, the authority must—
	(a)	issue the licence; or
	(b)	refuse to issue the licence.
	(2)	The authority must not issue a bore work licence unless satisfied that—
	(a)	the applicant holds a water access entitlement or surviving allocation in relation to ground water to be taken from the proposed bore; and
	(b)	it is appropriate to grant the licence having regard to—
	(i)	the proximity of any existing bores; and
	(ii)	anything else the authority considers relevant.
40	Bore work licence—conditions
	(1)	A bore work licence is subject to any condition—
	(a)	prescribed by regulation; or
	(b)	imposed on the licence by the authority.
	(2)	A condition imposed by the authority must not be inconsistent with any condition prescribed by regulation that applies to the licence.
Division 5.4	Waterway work licences
41	Definitions—div 5.4
In this division:
water structure means—
	(a)	a dam (whether or not it is in or on a waterway); or
	(b)	another water retention structure in or on a waterway.
waterway work means—
	(a)	constructing or altering a water structure; or
	(b)	doing other work in or on a waterway.
42	Waterway work licence—requirement
	(1)	A person commits an offence if—
	(a)	the person does waterway work; and
	(b)	the work adversely affects, or may adversely affect, the flow or quality of water, or the aquatic habitat, in the waterway; and
	(c)	the person does not have a waterway work licence for the waterway work.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(2)	This section does not apply to the construction or alteration of—
	(a)	a water structure that has a capacity of less than 2ML and is not in a waterway; or
	(b)	a structure prescribed by regulation.
43	Waterway work licence—application
	(1)	A person may apply to the authority for a licence to do waterway work.
Note 1	If a form is approved under s 108 for this provision, the form must be used.
Note 2	A fee may be determined under s 107 for this provision.
	(2)	The authority may, by written notice given to the applicant, require the applicant to give the authority additional information or documents the authority reasonably needs to decide the application.
	(3)	If the applicant does not comply with a requirement under subsection (2), the authority may refuse to consider the application further.
44	Waterway work licence—decision on application
	(1)	On application by a person for a waterway work licence, the authority must—
	(a)	issue the licence; or
	(b)	refuse to issue the licence.
	(2)	The authority must not issue a waterway work licence unless satisfied it is appropriate to do so having regard to—
	(a)	whether issuing the licence would or may—
	(i)	adversely affect the environmental flows for a particular waterway or aquifer that are required under the environmental flow guidelines; or
	(ii)	adversely affect the environment in any other way; or
	(iii)	adversely affect the interests of other water users; and
	(b)	whether the work would be in the interests of the public; and
	(c)	for work that involves the construction or alteration of a water structure—
	(i)	whether the structure is designed to allow water to pass over, under or through it; and
	(ii)	the need for the structure and whether another more appropriate approach is available; and
	(d)	anything else the authority considers relevant.
45	Waterway work licence—conditions
	(1)	A waterway work licence is subject to any condition—
	(a)	prescribed by regulation; or
	(b)	imposed on the licence by the authority.
	(2)	A condition imposed by the authority must not be inconsistent with any condition prescribed by regulation that applies to the licence.
46	Planning and Development Act not affected
This division does not affect the operation of the Planning and Development Act 2007.
Division 5.5	Recharge licences
47	Recharge licence—requirement
A person commits an offence if the person—
	(a)	does any of the following work for the purpose of increasing the quantity of groundwater:
	(i)	constructs works;
	(ii)	operates works;
	(iii)	alters works; and
	(b)	does not have a recharge licence for the work.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
48	Recharge licence—application
	(1)	A person may apply to the authority for a recharge licence.
Note 1	If a form is approved under s 108 for this provision, the form must be used.
Note 2	A fee may be determined under s 107 for this provision.
	(2)	The authority may, by written notice given to the applicant, require the applicant to give the authority additional information or documents the authority reasonably needs to decide the application.
	(3)	If the applicant does not comply with a requirement under subsection (2), the authority may refuse to consider the application further.
49	Recharge licence—decision on application
	(1)	On application by a person for a recharge licence, the authority must—
	(a)	issue the licence; or
	(b)	refuse to issue the licence.
	(2)	The authority must not issue a recharge licence unless satisfied it is appropriate to do so having regard to—
	(a)	the applicant’s environmental record; and
	(b)	the risk of the rising level of ground water damaging soil, rock or structures; and
	(c)	the risk of damaging ecosystems that depend on the area in question; and
	(d)	the risk of affecting the natural drainage of surface water of the area in question; and
	(e)	anything else the authority considers relevant.
50	Recharge licence—conditions
	(1)	A recharge licence is subject to any condition—
	(a)	prescribed by regulation; or
	(b)	imposed on the licence by the authority.
	(2)	A condition imposed by the authority must not be inconsistent with any condition prescribed by regulation that applies to the licence.
51	Recharge licence—cancellation
The authority may cancel a recharge licence if satisfied that the work being carried out under the licence is—
	(a)	damaging soil, 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.
Note	A recharge licence may also be cancelled under pt 6 (Disciplinary action) or s 106 (Nonpayment of fees).
Division 5.6	Licences—general provisions
52	Licences—term
A licence is issued for the term stated in the licence.
53	Licences—renewal
	(1)	The holder of a licence may apply, in writing, to the authority for renewal of the licence.
Note 1	If a form is approved under s 108 for this provision, the form must be used.
Note 2	A fee may be determined under s 107 for this provision.
	(2)	The application must be made not later than 14 days before the end of the licence period.
	(3)	If the application is made in accordance with subsection (2), the licence remains in force, subject to this Act, until the application is decided.
	(4)	On application to renew a licence, the authority must—
	(a)	renew the licence; or
	(b)	refuse to renew the licence.
	(5)	If the authority renews the licence, the renewal of the licence begins on the day after the day the licence being renewed ends.
	(6)	A suspended licence may be renewed, but the renewed licence is suspended until the suspension ends.
54	Licences—not transferable
A licence is not transferable.
55	Licences—amendment
	(1)	The authority may amend a licence, including by imposing a condition on, or amending an existing condition of, the licence.
	(2)	However, the authority may amend a licence only if—
	(a)	the authority has given the licence holder written notice of the proposed amendment; and
	(b)	the notice states that written comments on the proposal may be made to the authority before the end of a stated period of at least 14 days after the day the notice is given to the holder; and
	(c)	the authority has considered any written comments made before the end of the stated period.
	(3)	Subsection (2) does not apply if the holder applied for, or agreed in writing to, the proposed amendment.
	(4)	A condition imposed or amended by the authority must not be inconsistent with any condition prescribed by regulation that applies to the licence.
	(5)	The amendment of a licence takes effect on—
	(a)	the date on which notice of the amendment is given to the holder; or
	(b)	if a later date is stated in the notice—that date.
56	Licences—surrender
The holder of a licence may surrender the licence to the authority by written notice accompanied by the licence.
57	Offence—failing to produce licence
	(1)	The holder of a licence must, if asked by the authority, produce the holder’s licence to the authority when carrying out an activity under the licence.
Maximum penalty:  5 penalty units.
	(2)	An offence against this section is a strict liability offence.
58	Offence—contravening licence conditions
	(1)	The holder of a licence commits an offence if the holder contravenes a condition of the licence.
Maximum penalty:  50 penalty units.
	(2)	An offence against this section is a strict liability offence.
59	Offences—contravening certain conditions of licence to take water
	(1)	The holder of a licence to take water commits an offence if—
	(a)	the holder’s licence is subject to a condition requiring the holder to install a water meter; and
	(b)	the holder contravenes the condition.
Maximum penalty:  25 penalty units.
	(2)	The holder of a licence to take water commits an offence if—
	(a)	the holder’s licence is subject to a condition requiring the holder to maintain a water meter in working condition; and
	(b)	the holder contravenes the condition.
Maximum penalty:  25 penalty units.
	(3)	The holder of a licence to take water commits an offence if—
	(a)	the holder’s licence is subject to a condition requiring the holder to record water meter readings at stated times or intervals; and
	(b)	the holder contravenes the condition.
Maximum penalty:  10 penalty units.
	(4)	The holder of a licence to take water commits an offence if—
	(a)	the holder’s licence is subject to a condition requiring the holder to give water meter data to the authority; and
	(b)	the holder contravenes the condition.
Maximum penalty:  25 penalty units.
	(5)	The holder of a licence to take water commits an offence if—
	(a)	the holder’s licence is subject to a condition limiting the use of the water; and
	(b)	the holder contravenes the condition.
Maximum penalty:  50 penalty units.
	(6)	An offence against this section is a strict liability offence.

Part 6	Disciplinary action
    
60	Grounds for disciplinary action 
Each of the following is a ground for disciplinary action against a person who holds a water access entitlement, surviving allocation or licence:
	(a)	the person gave information to the Minister or authority in relation to the application for, or an application for amendment of, the entitlement, allocation or licence that was false or misleading in a material particular;
	(b)	the person has contravened, or is contravening, a condition of the entitlement, allocation or licence;
	(c)	the person has contravened, or is contravening, this Act (or a requirement made under this Act), whether or not the holder has been convicted or found guilty of an offence for the contravention;
	(d)	the person has contravened, or is contravening, a territory law (other than this Act) or a law of the Commonwealth, a State or another Territory, whether or not the holder has been convicted or found guilty of an offence for the contravention.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
61	Disciplinary action
Each of the following is disciplinary action when taken against a person who is the holder of a water access entitlement, surviving allocation or licence:
	(a)	reprimanding the person;
	(b)	for a driller’s licence—requiring the person to complete a stated course of training to the satisfaction of the authority or another stated person;
	(c)	amending the entitlement, allocation or licence, including by imposing a condition on it or amending any of its conditions; 
	(d)	suspending the entitlement, allocation or licence—
	(i)	for a stated period; or
	(ii)	until a stated event happens;
	(e)	cancelling the entitlement, allocation or licence;
	(f)	cancelling the entitlement, allocation or licence and disqualifying the person from applying for an entitlement or licence—
	(i)	for a stated period; or
	(ii)	until a stated event happens.
62	Taking disciplinary action
	(1)	If the authority proposes to take disciplinary action in relation to a person, the authority must give the person a written notice (a disciplinary notice) that—
	(a)	states the proposed action (including any proposed suspension or disqualification period or amendment of an entitlement, allocation or licence); and
	(b)	states the grounds for the proposed action; and
	(c)	tells the person that the person may, not later than 14 days after the day the person receives the notice, give a written response to the authority about the notice.
	(2)	In deciding whether to take disciplinary action, the authority must consider any response given to the authority by the person in accordance with the notice.
	(3)	The authority may take the proposed disciplinary action in relation to the person if satisfied that a ground for taking disciplinary action has been established in relation to the person.
	(4)	The authority must give the person written notice of the authority’s decision.
	(5)	Disciplinary action under this section takes effect on—
	(a)	the day when notice of the decision is given to the person; or
	(b)	if the notice states a later date of effect—that date.
63	Effect of suspension of entitlement, allocation or licence
	(1)	If a water access entitlement, surviving allocation or licence is suspended—
	(a)	the entitlement, allocation or licence does not authorise the holder to do anything authorised under the entitlement, allocation or licence during the suspension; and
	(b)	the holder is, during the suspension—
	(i)	taken not to hold the entitlement, allocation or licence; and
	(ii)	disqualified from applying for an entitlement or licence.
	(2)	However, the entitlement may still be transferred, and the allocation may still be surrendered, in accordance with this Act.
	(3)	The authority may end the suspension of an entitlement that is transferred or an allocation that is surrendered.

Part 7	Administration
64	Functions of environment protection 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 about 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)	to confer, and exchange information, with any entity 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)	any other functions given to the authority under this Act.
	(2)	In exercising the authority’s functions under this Act, the authority must have regard to the objects set out in section 6 and, where appropriate, promote an integrated approach to water resource management, environment protection and water catchment management.
65	Delegation
The authority may delegate its 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.
66	Register
	(1)	The authority must keep a register for this Act.
	(2)	The register may be kept in any form, including electronically, that the authority decides.
	(3)	The register must include details of each of the water access entitlements granted, surviving allocations in force, licences issued and transfers made under this Act.
	(4)	The register may also include—
	(a)	information required to be provided to the authority under a water access entitlement, surviving allocation or licence; and
	(b)	information given to the authority about third party interests in water access entitlements, surviving allocations or licences; and
	(c)	other information collected by the authority in carrying out its functions under this Act; and
Example
the results of monitoring, testing or recording carried out by the authority
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(d)	any other information given to or held by the authority in relation to the water resources of the Territory (whether current or historical).
67	Inspection of register
	(1)	The register must be available for public inspection at reasonable times.
	(2)	A person may, on payment of the reasonable copying costs, obtain a copy of any information in the register.

Part 8	Assessment of water resources
68	Water resources investigation
	(1)	The authority must 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 climate data and monitor ground water levels; and
	(c)	operate or maintain gauging, recording and monitoring stations; and
	(d)	carry out investigations to determine the existence, location and nature of bores and water structures; and 
	(e)	monitor bores and water structures; and
	(f)	sample and analyse water.
	(3)	The authority may, at all reasonable times, enter land to take measures and carry out work that is reasonably required for the purpose of doing something mentioned in subsection (2) and with the people and equipment that is reasonably required.
Note	The Criminal Code, s 361 and s 363 contain offences for obstructing Territory public officials.
	(4)	However, the authority must not enter land to do work mentioned in subsection (2) (a) unless, at least 14 days before the entry day, the authority gave the owner or occupier of the land written notice (a works notice) of—
	(a)	the land proposed to be entered; and
	(b)	the work proposed to be done; and
	(c)	any vehicle, plant or machinery proposed to be used to carry out the work.
	(5)	The authority may, at all reasonable times, enter land on which work mentioned in a works notice is being, or has been, done for the purpose of doing something mentioned in subsection (2) (b), (c), (d), (e) or (f) and with the people and equipment that is reasonably required.
	(6)	This section does not authorise entry into a part of premises that is being used for residential purposes other than with the occupier’s consent.
	(7)	A person who enters land under this section is not authorised to remain on the land if, on request by the occupier of the land, the person does not produce—
	(a)	for an authorised officer—the officer’s identity card; or
	(b)	in any other case—a certificate signed by the authority for this section that the person is authorised to carry out an activity mentioned in the certificate.
69	Cooperation etc with other jurisdictions
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.
70	Things fixed to land by authority not taken to be fixtures
If, in the exercise of a function, the authority attaches anything to land, it is taken not to be—
	(a)	a fixture to the land for the purpose of giving the owner or occupier of the land a proprietary interest in it; or 
	(b)	an improvement.

Part 9	Protection of water resources
71	Notice prohibiting or restricting taking of water  
	(1)	This section applies if—
	(a)	temporary water restrictions are in force under the Utilities (Water Conservation) Regulation 2006; or
	(b)	the Minister is satisfied that—
	(i)	because of contamination of surface water or ground water, taking the water may pose a risk to the health or safety of people or of damage to property or the environment; or
	(ii)	for any other reason, taking surface water or ground water may adversely affect the environment.
	(2)	The Minister may, by written notice, prohibit or restrict the taking of surface water or groundwater.
	(3)	The notice is a notifiable instrument.
Note 1	A notifiable instrument must be notified under the Legislation Act.
Note 2	The power to make a statutory instrument (including a notifiable instrument) includes power to make different provisions in relation to different matters or different classes of matters, and provisions that apply differently by reference to stated exceptions or factors (see Legislation Act, s 48).
	(4)	The authority must also give a copy of the notice to each licence holder who is affected by it.
	(5)	The notice expires on the date (not later than 12 months after the day it is notified under the Legislation Act) stated in the notice.
	(6)	A person commits an offence if the person engages in conduct that contravenes a prohibition or restriction under a notice under this section.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
72	Direction to modify or remove water structure
	(1)	The Minister may give the owner or occupier of land where a water structure is located a written direction to modify or remove the structure to allow water to pass over, under or through it.
	(2)	A person commits an offence if the person engages in conduct that contravenes a direction given to the person under this section.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
73	Direction to rectify effect of unauthorised activity etc
	(1)	This section applies if a person has—
	(a)	done bore work or waterway work that is not authorised under a licence; or
	(b)	contravened a condition of a licence issued under this Act.
	(2)	The authority may give the owner or occupier of the land where the work was done or the contravention happened a written direction to take—
	(a)	stated action to rectify the effect of the work or contravention; and 
	(b)	any other stated action the authority considers appropriate.
	(3)	The direction may state a period within which the person must comply with the direction.
	(4)	A person commits an offence if the person engages in conduct that contravenes a direction given to the person under this section.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
74	Direction to prevent or rectify damage to bed or bank of waterway
	(1)	It is the duty of the owner or occupier of land on which there is a waterway or that adjoins a waterway to take reasonable steps to prevent damage to the bed or banks of the waterway.
	(2)	If the authority is satisfied that the owner or occupier of land has failed to carry out the duty, the authority may give the owner or occupier a written direction to take stated action the authority considers appropriate—
	(a)	to prevent damage mentioned in subsection (1); and
	(b)	to rectify any damage that has already happened.
	(3)	The direction may state a period within which the person must comply with the direction.
	(4)	A person commits an offence if the person engages in conduct that contravenes a direction given to the person under this section.
Maximum penalty:  100 penalty units.
	(5)	In this section:
damage does not include—
	(a)	damage caused in the normal course of an activity authorised under this Act; or
	(b)	damage of a minor nature.
75	Directions in relation to unlicensed taking of surface water
	(1)	This section applies if the authority is satisfied that a person who does not have a licence to take water from a waterway—
	(a)	has taken or is taking water from the waterway; or
	(b)	has pumping equipment in or near the waterway that may be used to take water from the waterway.
	(2)	The authority may give the person a written direction to do 1 or more of the following:
	(a)	not take the water;
	(b)	stop taking the water; 
	(c)	not use the pumping equipment;
	(d)	stop using the pumping equipment;
	(e)	remove the pumping equipment from the waterway.
	(3)	A person commits an offence if the person contravenes a direction given to the person under this section.
Maximum penalty:  50 penalty units.
76	Directions in relation to bores
	(1)	This section applies if the authority is satisfied that something done or not done in relation to a bore may result, directly or indirectly, in the pollution or deterioration, inequitable distribution, loss, wastage or undue depletion of water, or unlicensed taking of water.
	(2)	The authority may give the owner or occupier of the land where the bore is located a written direction to do 1 or more of the following:
	(a)	shut off the supply of ground water from the bore in the way stated in the direction; 
	(b)	restrict or limit the amount of water taken from the bore to the extent stated in the direction; 
	(c)	install and maintain a suitable meter to record the amount of water taken or discharged from the bore; 
	(d)	discontinue the use of the bore; 
	(e)	close, or partly or completely plug, seal off or backfill the bore in the way stated in the direction;
	(f)	use the water taken from the bore for the purpose stated in the direction;
	(g)	do any other stated thing necessary for the protection of ground water or an aquifer.
	(3)	The direction may state a period within which the person must comply with the direction.
	(4)	A person commits an offence if the person engages in conduct that contravenes a direction given to the person under this section.
Maximum penalty:  50 penalty units.
	(5)	An offence against this section is a strict liability offence.
77	Action by authority if notice or direction contravened
	(1)	This section applies if the authority has reasonable grounds for believing that a person has engaged in conduct that contravened—
	(a)	a prohibition or restriction under a notice given to the person under section 71; or 
	(b)	a direction given to the person under this part. 
	(2)	An authorised officer, or someone else authorised by the authority for this section, may—
	(a)	enter the relevant land and take any action stated in the notice or direction; and
	(b)	do anything else necessary to give effect to the notice or direction.
	(3)	A person who enters land under this section is not authorised to remain on the land if, on request by the occupier of the land, the person does not produce—
	(a)	for an authorised officer—the officer’s identity card; or
	(b)	in any other case—a certificate signed by the authority for this section that the person is authorised to carry out an activity mentioned in the certificate.
	(4)	The reasonable costs incurred by the authority in taking action under this section are a debt owing to the Territory by the person to whom the notice or direction was given.

Part 10	Enforcement
Division 10.1	General
78	Definitions—pt 10
In this part:
connected—a thing is connected with an 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.
occupier, of premises, includes—
	(a)	a person believed, on reasonable grounds, to be an occupier of the premises; and
	(b)	a person apparently in charge of the premises.
offence includes an offence that there are reasonable grounds for believing has been, is being, or will be, committed.
premises includes land.
Division 10.2	Powers of authorised officers
79	Power to enter premises
	(1)	For this Act, an authorised officer may—
	(a)	at any reasonable time, enter premises to which a licence relates to carry out an inspection authorised under the licence; or
	(b)	at any reasonable time, enter premises where a bore is located to inspect the bore and take samples from it; or
	(c)	at any time, enter premises with the occupier’s consent; or
	(d)	enter premises in accordance with a search warrant.
	(2)	However, subsection (1) (a) does not authorise entry into a part of premises that is being used for residential purposes.
	(3)	An authorised officer may, without the consent of the occupier of premises, enter land around the premises to ask for consent to enter the premises.
	(4)	To remove any doubt, an authorised officer may enter premises under subsection (1) without payment of an entry fee or other charge.
80	Production of identity card
An authorised officer must not remain at premises entered under this part if the authorised officer does not produce the officer’s identity card when asked by the occupier.
81	Consent to entry
	(1)	When seeking the consent of an occupier of premises to enter premises under section 79 (1) (c), an authorised officer must—
	(a)	produce the officer’s identity card; and
	(b)	tell the occupier—
	(i)	the reason for the entry; and
	(ii)	that anything found and seized under this part may be used in evidence in court; and
	(iii)	that consent may be refused.
	(2)	If the occupier consents, the authorised officer must ask the occupier to sign a written acknowledgment (an acknowledgement of consent)—
	(a)	that the occupier was told—
	(i)	the reason for the entry; and
	(ii)	that anything found and seized under this part may be used in evidence in court; and
	(iii)	that consent may be refused; and
	(b)	that the occupier consented to the entry; and
	(c)	stating the time and date when consent was given.
	(3)	If the occupier signs an acknowledgment of consent, the authorised officer must immediately give a copy to the occupier.
	(4)	A court must find that the occupier did not consent to entry to the premises by the authorised officer under this part if—
	(a)	the question arises in a proceeding in the court whether the occupier consented to the entry; and
	(b)	an acknowledgment of consent is not produced in evidence; and
	(c)	it is not proved that the occupier consented to the entry.
82	General powers on entry to premises
	(1)	An authorised officer who enters premises under this part may, for this Act, do 1 or more of the following in relation to the premises or anything on the premises:
	(a)	inspect or examine;
	(b)	take measurements or conduct tests;
	(c)	take samples;
	(d)	take photographs, films, or audio, video or other recordings;
	(e)	require the occupier, or anyone at the premises, to give the authorised officer reasonable assistance to exercise a power under this part.
Note	The Legislation Act, s 170 and s 171 deal with the application of the privilege against self incrimination and client legal privilege.
	(2)	A person must take all reasonable steps to comply with a requirement made of the person under subsection (1) (e).
Maximum penalty:  50 penalty units.
83	Power to seize things
	(1)	An authorised officer who enters premises under this part with the occupier’s consent may seize anything at the premises if—
	(a)	the authorised officer is satisfied, on reasonable grounds, that the thing is connected with an offence against this Act; and
	(b)	seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier’s consent.
	(2)	An authorised officer who enters premises under a warrant under this part may seize anything at the premises that the authorised officer is authorised to seize under the warrant.
	(3)	An authorised officer who enters premises under this part (whether with the occupier’s consent, under a warrant or otherwise) may seize anything at the premises if satisfied, on reasonable grounds, that—
	(a)	the thing is connected with an offence against this Act; and
	(b)	the seizure is necessary to prevent the thing from being—
	(i)	concealed, lost or destroyed; or
	(ii)	used to commit, continue or repeat the offence.
	(4)	Also, an authorised officer who enters premises under this part (whether with the consent of a person in charge of the premises, under a warrant or otherwise) may seize anything at the premises if satisfied, on reasonable grounds, that the thing poses a risk to the health or safety of people or of damage to property or the environment.
	(5)	The powers of an authorised officer under subsections (3) and (4) are additional to any powers of the authorised officer under subsections (1) and (2) or any other territory law.
	(6)	Having seized a thing, an authorised officer may—
	(a)	remove the thing from the premises where it was seized (the place of seizure) to another place; or
	(b)	leave the thing at the place of seizure but restrict access to it.
	(7)	A person commits an offence if the person —
	(a)	interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (6); and
	(b)	does not have an authorised officer’s approval to interfere with the thing.
Maximum penalty:  50 penalty units.
84	Power to require name and address
	(1)	An authorised officer may require a person to state the person’s name and home address if the authorised officer believes, on reasonable grounds, that the person is committing or has just committed an offence against this Act.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
	(2)	The authorised officer must tell the person the reason for the requirement and, as soon as practicable, record the reason.
	(3)	The person may ask the authorised officer to produce the officer’s identity card for inspection by the person.
	(4)	A person must comply with a requirement made of the person under subsection (1) if the authorised officer—
	(a)	tells the person the reason for the requirement; and
	(b)	complies with any request made by the person under subsection (3).
Maximum penalty:  10 penalty units.
	(5)	An offence against this section is a strict liability offence.
	(6)	In this section:
home address, of a person, means the address of the place where the person usually lives.
Division 10.3	Search warrants
85	Warrants generally
	(1)	An authorised officer may apply to a magistrate for a warrant to enter premises.
	(2)	The application must be sworn and state the grounds on which the warrant is sought.
	(3)	The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.
	(4)	The magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting—
	(a)	there is a particular thing or activity connected with an offence against this Act; and
	(b)	the thing or activity—
	(i)	is, or is being engaged in, at the premises; or
	(ii)	may be, or may be engaged in, at the premises within the next 7 days.
	(5)	The warrant must state—
	(a)	that an authorised officer may, with any necessary assistance and force, enter the premises and exercise the authorised officer’s powers under this part; and
	(b)	the offence for which the warrant is issued; and
	(c)	the things that may be seized under the warrant; and
	(d)	the hours when the premises may be entered; and
	(e)	the date, within 7 days after the day of the warrant’s issue, the warrant ends.
86	Warrants—application made other than in person
	(1)	An authorised officer may apply for a warrant by phone, fax, radio or other form of communication if the authorised officer considers it necessary because of—
	(a)	urgent circumstances; or
	(b)	other special circumstances.
	(2)	Before applying for the warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought.
	(3)	The authorised officer may apply for the warrant before the application is sworn.
	(4)	After issuing the warrant, the magistrate must immediately fax a copy to the authorised officer if it is practicable to do so.
	(5)	If it is not practicable to fax a copy to the authorised officer—
	(a)	the magistrate must tell the authorised officer—
	(i)	the warrant’s terms; and
	(ii)	the date and time the warrant was issued; and
	(b)	the authorised officer must complete a form of warrant (the warrant form) and write on it—
	(i)	the magistrate’s name; and
	(ii)	the date and time the magistrate issued the warrant; and
	(iii)	the warrant’s terms.
	(6)	The faxed copy of the warrant, or the warrant form properly completed by the authorised officer, authorises the entry and the exercise of the authorised officer’s powers under this part.
	(7)	The authorised officer must, at the first reasonable opportunity, send to the magistrate—
	(a)	the sworn application; and
	(b)	if the authorised officer completed a warrant form—the completed warrant form.
	(8)	On receiving the documents, the magistrate must attach them to the warrant.
	(9)	A court must find that a power exercised by the authorised officer was not authorised by a warrant under this section if—
	(a)	the question arises in a proceeding in the court whether the exercise of power was authorised by a warrant; and
	(b)	the warrant is not produced in evidence; and
	(c)	it is not proved that the exercise of power was authorised by a warrant under this section.
87	Search warrants—announcement before entry
	(1)	An authorised officer must, before anyone enters premises under a search warrant—
	(a)	announce that the authorised officer is authorised to enter the premises; and
	(b)	give anyone at the premises an opportunity to allow entry to the premises; and
	(c)	if the occupier of the premises, or someone else who apparently represents the occupier, is present at the premises—identify himself or herself to the person.
	(2)	The authorised officer is not required to comply with subsection (1) if the authorised officer believes, on reasonable grounds, that immediate entry to the premises is required to ensure—
	(a)	the safety of anyone (including the authorised officer or any person assisting); or
	(b)	that the effective execution of the warrant is not frustrated.
88	Details of search warrant to be given to occupier etc
If the occupier of premises, or someone else who apparently represents the occupier, is present at the premises while a search warrant is being executed, the authorised officer or a person assisting must make available to the person—
	(a)	a copy of the warrant; and
	(b)	a document setting out the rights and obligations of the person.
89	Occupier entitled to be present during search etc
	(1)	If the occupier of premises, or someone else who apparently represents the occupier, is present at the premises while a search warrant is being executed, the person is entitled to observe the search being conducted.
	(2)	However, the person is not entitled to observe the search if—
	(a)	to do so would impede the search; or
	(b)	the person is under arrest, and allowing the person to observe the search being conducted would interfere with the objectives of the search.
	(3)	This section does not prevent 2 or more areas of the premises being searched at the same time.
Division 10.4	Return and forfeiture of things seized
90	Receipt for things seized
	(1)	As soon as practicable after an authorised officer seizes a thing under this part, the authorised officer must give a receipt for it to the person from whom it was seized.
	(2)	If, for any reason, it is not practicable to comply with subsection (1), the authorised officer must leave the receipt, secured conspicuously, at the place of seizure under section 83 (Power to seize things).
	(3)	A receipt under this section must include the following:
	(a)	a description of the thing seized;
	(b)	an explanation of why the thing was seized;
	(c)	the authorised officer’s name, and how to contact the authorised officer;
	(d)	if the thing is moved from the premises where it is seized—where the thing is to be taken.
91	Moving things to another place for examination or processing under search warrant
	(1)	A thing found at premises entered under a search warrant may be moved to another place for examination or processing to decide whether it may be seized under the warrant if—
	(a)	both of the following apply:
	(i)	there are reasonable grounds for believing that the thing is or contains something to which the warrant relates;
	(ii)	it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance; or
	(b)	the occupier of the premises agrees in writing.
	(2)	The thing may be moved to another place for examination or processing for not longer than 72 hours.
	(3)	An authorised officer may apply to a magistrate for an extension of time if the authorised officer believes, on reasonable grounds, that the thing cannot be examined or processed within 72 hours.
	(4)	The authorised officer must give notice of the application to the occupier of the premises, and the occupier is entitled to be heard on the application.
	(5)	If a thing is moved to another place under this section, the authorised officer must, if practicable—
	(a)	tell the occupier of the premises the address of the place where, and time when, the examination or processing will be carried out; and
	(b)	allow the occupier or the occupier’s representative to be present during the examination or processing.
	(6)	The provisions of this part relating to the issue of search warrants apply, with any necessary changes, to the giving of an extension under this section.
92	Access to things seized
A person who would, apart from the seizure, be entitled to inspect a thing seized under this part may—
	(a)	inspect it; and
	(b)	if it is a document—take extracts from it or make copies of it.
93	Return or forfeiture of things seized
	(1)	A thing seized under this part must be returned to its owner, or reasonable compensation must be paid by the Territory to the owner for the loss of the thing, if—
	(a)	an infringement notice for an offence relating to the thing is not served on the owner within 90 days after the day of the seizure and a prosecution for an offence relating to the thing—
	(i)	is not started within the 90-day period; or
	(ii)	is started within the 90-day period but the court does not find the offence proved; or
	(b)	an infringement notice for an offence relating to the thing is served on the owner within 90 days after the day of the seizure, the infringement notice is withdrawn and a prosecution for an offence relating to the thing—
	(i)	is not started within the 90-day period; or
	(ii)	is started within the 90-day period but the court does not find the offence proved; or
	(c)	an infringement notice for an offence relating to the thing is served on the owner and not withdrawn within 90 days after the day of the seizure, liability for the offence is disputed in accordance with the Magistrates Court Act 1930, section 132 (Disputing liability for infringement notice offence) and an information—
	(i)	is not laid in the Magistrates Court against the person for the offence within 60 days after the day notice is given under section 132 that liability is disputed; or
	(ii)	is laid in the Magistrates Court against the person for the offence within the 60-day period, but the Magistrates Court does not find the offence proved.
	(2)	If anything seized under this part is not required to be returned or reasonable compensation is not required to be paid under subsection (1), the thing—
	(a)	is forfeited to the Territory; and
	(b)	may be sold, destroyed or otherwise disposed of as the authority directs.

Part 11	Review of decisions
    
94	Reviewable decisions
Each of the following decisions of the authority is a reviewable decision:
	(a)	amending a water access entitlement under section 24;
	(b)	refusing to approve the transfer of the whole or part of a water access entitlement under section 26;
	(c)	refusing to issue a licence to take water under section 30;
	(d)	imposing a condition on a licence to take water under section 31;
	(e)	refusing to issue a driller’s licence under section 35;
	(f)	imposing a condition on a driller’s licence under section 36;
	(g)	refusing to issue a bore work licence under section 39;
	(h)	imposing a condition on a bore work licence under section 40;
	(i)	refusing to issue a waterway work licence under section 44;
	(j)	imposing a condition on a waterway work licence under section 45;
	(k)	refusing to issue a recharge licence under section 49;
	(l)	imposing a condition on a recharge licence under section 50;
	(m)	refusing to renew a licence under section 53;
	(n)	imposing a condition, on or amending an existing condition of, a licence under section 55;
	(o)	taking, under section 62, disciplinary action mentioned in section 61 (c), (d), (e) or (f);
	(p)	giving a direction under section 72 (Direction to modify or remove water structure);
	(q)	giving a direction under section 73 (Direction to rectify effect of unauthorised activity);
	(r)	giving a direction under section 74 (Direction to prevent or rectify damage to bed or bank of waterway);
	(s)	giving a direction under section 75 (Directions in relation to unlicensed taking of surface water);
	(t)	giving a direction under section 76 (Directions in relation to bores).
95	Review of decisions
Application may be made to the AAT for review of a reviewable decision.
96	Notice of reviewable decisions
	(1)	The authority must give notice of a reviewable decision to—
	(a)	for a decision mentioned in section 94 (a) or (b)—the holder of the water access entitlement; or
	(b)	for a decision mentioned in section 94 (c) to (n)—the applicant for or the holder of the licence; or
	(c)	for a decision mentioned in section 94 (o)—the holder of the water access entitlement, water allocation or licence; or
	(d)	for a decision mentioned in section 94 (p) to (t)—the person to whom the direction was given.
	(2)	The notice must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).

Part 12	Miscellaneous
97	Protection of officials from liability
	(1)	In this section:
official means—
	(a)	the authority; or
	(b)	anyone else exercising a function under this Act.
	(2)	An official, or anyone engaging in conduct under the direction of an official, is not personally liable for conduct engaged in honestly and without recklessness—
	(a)	in the exercise of a function under this Act; or
	(b)	in the reasonable belief that the conduct was in the exercise of a function under this Act.
	(3)	Any civil liability that would, apart from subsection (2), attach to an official attaches instead to the Territory.
98	Damage etc to be minimised
	(1)	In the exercise, or purported exercise, of a function under this Act, an authorised officer must take all reasonable steps to ensure that the authorised officer, and any person assisting the authorised officer, causes as little inconvenience, detriment and damage as practicable.
	(2)	If an authorised officer, or a person assisting an authorised officer, damages anything in the exercise or purported exercise of a function under this Act, the authorised officer must give written notice of the particulars of the damage to the person the authorised officer believes, on reasonable grounds, is the owner of the thing.
	(3)	If the damage happens at premises entered under this Act in the absence of the occupier, the notice may be given by leaving it, secured conspicuously, at the premises.
99	Compensation for exercise of powers
	(1)	A person may claim compensation from the Territory if the person suffers loss or expense—
	(a)	in complying with a notice given to the person under section 72 (Direction to modify or remove water structure); or
	(b)	because of the exercise, or purported exercise, of a function under any of the following provisions by an authorised officer, a person assisting an authorised officer or someone else authorised by the authority:
	(i)	part 8 (Assessment of water resources); 
	(ii)	section 77 (Action by authority if notice or direction contravened); 
	(iii)	part 10 (Enforcement).
	(2)	Compensation may be claimed and ordered in a proceeding for—
	(a)	compensation brought in a court of competent jurisdiction; or
	(b)	an offence against this Act brought against the person making the claim for compensation.
	(3)	A court may order the payment of reasonable compensation for the loss or expense only if satisfied it is just to make the order in the circumstances of the particular case.
	(4)	A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.
100	Incorporation of documents
A statutory instrument under this Act may apply, adopt or incorporate an instrument, as in force from time to time.
Note 1	The text of an applied, adopted or incorporated instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument (see Legislation Act s 47 (5) and (6)). However, that requirement does not apply if—
·	section 102 is complied with; or
·	the operation of the Legislation Act, s 47 (5) or (6) is otherwise disapplied (see that Act, s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act.
101	Inspection of incorporated documents
	(1)	This section applies to an incorporated document, or an amendment of, or replacement for, an incorporated document.
Note	For the meaning of incorporated document, see the dictionary.
	(2)	The authority must ensure that the document, amendment or replacement is made available for inspection free of charge to the public on business days at reasonable times at the office of the authority.
	(3)	In this section:
amendment, of an incorporated document—see section 102 (6).
replacement, for an incorporated document—see section 102 (6).
102	Notification of certain incorporated documents
	(1)	This section applies to—
	(a)	an incorporated document; or
	(b)	an amendment of, or replacement for, an incorporated document.
Example of replacement document
a new edition of the incorporated document
Note 1	For the meaning of incorporated document, see the dictionary.
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The authority may prepare a written notice (an incorporated document notice) for the incorporated document, amendment or replacement that contains the following information:
	(a)	for an incorporated document—details of the document, including its title, author and date of publication;
	(b)	for an amendment—the date of publication of the amendment (or of the document as amended) and a brief summary of the effect of the amendment;
	(c)	for a replacement—details of the replacement, including its title, author and date of publication;
	(d)	for an incorporated document or any amendment or replacement—
	(i)	a date of effect (no earlier than the day after the day of notification of the notice); and
	(ii)	details of how access to inspect the document, amendment or replacement may be obtained under section 101; and
	(iii)	details of how copies may be obtained, including an indication of whether there is a cost involved.
	(3)	An incorporated document notice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	An incorporated document, and any amendment or replacement of an incorporated document, has no effect under this Act unless—
	(a)	an incorporated document notice is notified in relation to the document, amendment or replacement; or
	(b)	the document, amendment or replacement is notified under the Legislation Act, section 47 (6).
	(5)	The Legislation Act, section 47 (7) does not apply in relation to incorporated documents.
	(6)	In this section:
amendment, of an incorporated document, includes an amendment of a replacement for the incorporated document.
replacement, for an incorporated document, means—
	(a)	a document that replaces the incorporated document; or
	(b)	a document (an initial replacement) that replaces a document mentioned in paragraph (a); or
	(c)	a document (a further replacement) that replaces an initial replacement or any further replacement.
103	Evidentiary certificates
In a prosecution for an offence against this Act, a certificate signed by the authority that includes any of the following statements is evidence of the matters stated:
	(a)	a statement that, at a stated time or during a stated period, a stated person was or was not the holder of a stated licence;
	(b)	a statement that, at a stated time or during a stated period, a stated person was or was not the owner of stated land;
	(c)	a statement that a stated place is, or is not, a waterway or bore;
	(d)	a statement that, at a stated time or during a stated period, there was or was not, on stated land, a channel or other means (including mechanical means) by which water could be taken;
	(e)	a statement that, at a stated time or during a stated period, there were or were not, at a stated place, works to increase ground water;
	(f)	a statement that, at a stated time or during a stated period, there was or was not, a water structure on stated land.
104	Criminal liability of corporation officers
	(1)	An officer of a corporation commits an offence if—
	(a)	the corporation commits an offence (a relevant offence) by contravening a provision of this Act; and
	(b)	the officer was reckless about whether the contravention would happen; and
	(c)	the officer was in a position to influence the conduct of the corporation in relation to the contravention; and
	(d)	the officer failed to take all reasonable steps to prevent the contravention.
Maximum penalty:  The maximum penalty that may be imposed for the commission of the relevant offence by an individual.
	(2)	This section applies whether or not the corporation is prosecuted for, or convicted of, the relevant offence.
	(3)	In deciding whether the officer took, or failed to take, reasonable steps to prevent the contravention, a court must have regard to the following:
	(a)	any action the officer took directed towards ensuring the following (to the extent that the action is relevant to the act or omission):
	(i)	that the corporation arranged regular professional assessments of the corporation’s compliance with the contravened provision;
	(ii)	that the corporation implemented any appropriate recommendation arising from such an assessment;
	(iii)	that the corporation’s employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the contravened provision;
	(b)	any action the officer took when the officer became aware that the contravention was, or might be, about to happen.
	(4)	Subsection (3) does not limit the matters to which the court may have regard.
	(5)	This section does not apply if the corporation would have a defence to a prosecution for the relevant offence.
	(6)	In this section:
officer, of a corporation, means—
	(a)	a director or secretary of the corporation; or
	(b)	a person—
	(i)	who makes, or takes part in making, decisions that affect all, or a substantial part, of the business of the corporation; or
	(ii)	in accordance with whose instructions or wishes the directors of the corporation are accustomed to act (excluding advice given by the person in the proper exercise of functions attaching to the person’s professional capacity or business relationship with the directors or the corporation); or
	(iii)	a receiver, or receiver and manager, of the corporation’s property; or
	(c)	an administrator of the corporation; or
	(d)	an administrator of a deed of company arrangement executed by the corporation; or
	(e)	a liquidator of the corporation; or
	(f)	a trustee or other person administering a compromise or arrangement made between the corporation and someone else.
105	Selfincrimination etc
	(1)	This section applies if a person is required to give information or produce a document under this Act.
	(2)	The person can not rely on the common law privileges against selfincrimination and exposure to the imposition of a civil penalty to refuse to give the information or produce the document.
Note	The Legislation Act, s 171 deals with client legal privilege.
	(3)	However, any information, document or other thing obtained, directly or indirectly, because of the giving of the information or producing of the document, is not admissible in evidence against the person in a criminal proceeding, other than a proceeding for—
	(a)	an offence in relation to the failure to give the information or produce the document; or
	(b)	any offence in relation to the falsity or the misleading nature of the information or document.
106	Nonpayment of fees
If a fee payable in relation to a water access entitlement or licence is not paid before the end of 30 days after the day it is payable, the authority may—
	(a)	suspend the entitlement or licence until the fee is paid; or
	(b)	cancel the entitlement or licence.
107	Determination of fees
	(1)	The Minister may determine fees for this Act.
Note 	The Legislation Act 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.
108	Approved forms
	(1)	The authority may 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.
109	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.
	(2)	A regulation may apply, adopt or incorporate an instrument as in force from time to time.
Note 1	The text of an applied, adopted or incorporated instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act.
	(3)	A regulation may create offences and fix maximum penalties of not more than 10 penalty units for the offences.

Part 13	Surviving allocations
110	Survival of allocations
A water allocation in force under the repealed Act immediately before the commencement day (a surviving allocation) continues in force subject to this Act.
111	Surviving allocations—surrender generally
	(1)	A surviving allocation can not be transferred or amended but, subject to section 112 and section 113, may be surrendered to the authority at any time.
	(2)	If a person who holds a surviving allocation surrenders it to the authority, the person may request that a water access entitlement be granted to the person.
	(3)	On request under subsection (2), the authority must grant to the person—
	(a)	if the surrendered allocation was for surface water only—a water access entitlement for surface water; or
	(b)	if the surrendered allocation was for ground water only—a water access entitlement for ground water; or
	(c)	if the surrendered allocation was partly for surface water and partly for ground water (a mixed allocation)—a water access entitlement for surface water and a water access entitlement for ground water.
	(4)	A water access entitlement granted to a person under subsection (3) must state—
	(a)	the person’s name; and
	(b)	the amount of surface water or ground water that may be taken; and
	(c)	the water management area to which the amount relates; and
	(d)	if the person does not have access to urban water supply and the surrendered allocation was for water for stock or domestic use—
	(i)	that the water is for stock or domestic use; and
	(ii)	the place where the water may be taken; and
	(e)	if no fee was paid under the repealed Act for the grant of the surrendered allocation—the place where the water may be taken; and 
Note	For removal of this statement, see s 25.
	(f)	anything else required under this Act to be stated in the water access entitlement.
	(5)	For subsection (4) (b), the amount stated must be—
	(a)	if a fee was paid under the repealed Act for the grant of the surrendered allocation—the percentage of the water available for taking in the water management area that is equivalent to the volume of the allocation (or, for a mixed allocation, the relevant part of the allocation); and
	(b)	if no fee was paid under the repealed Act for the grant of the surrendered allocation—the percentage of the water available for taking in the water management area that is equivalent to the lesser of—
	(i)	the volume of the allocation (or, for a mixed allocation, the relevant part of the allocation); and
	(ii)	the amount that, under the determination in force under section 18 (Amounts of water reasonable for uses), is a reasonable amount for the existing use.
112	Surviving allocations—surrender by water utility
	(1)	This section applies to a surviving allocation held by a water utility.
	(2)	The utility may surrender the allocation to the authority and request a water access entitlement under section 111 before the end of 6 months after the commencement day.
	(3)	If the utility does not surrender the allocation to the authority before the end of that 6-month period, the allocation is taken to be surrendered to the authority and the authority must grant a water access entitlement to the utility under section 111.
113	Surviving allocations—surrender by holder no longer owner or occupier of land
	(1)	This section applies to the holder of a surviving allocation (other than a water utility) if the holder is not the owner or occupier of the land to which the allocation relates.
	(2)	The holder may surrender the allocation to the authority and request a water access entitlement under section 111 before the end of the later of—
	(a)	6 months after the day the person ceases to be the owner or occupier of the land; and
	(b)	6 months after the commencement day.
	(3)	If the holder does not surrender the allocation to the authority before the end of that 6-month period, the allocation is taken to be surrendered to the authority and the holder must not be granted a water access entitlement under section 111 in relation to the allocation.

Part 20	Transitional
200	Environmental flow guidelines
	(1)	The environmental flow guidelines in force under the repealed Act are taken to be environmental flow guidelines under this Act, section 12 (Environmental flow guidelines) and apply, with any necessary changes, for this Act.
	(2)	To remove any doubt and without limiting subsection (1), the environmental flow guidelines mentioned in subsection (1) may be amended or repealed as if they had been approved under this Act, section 12.
	(3)	To remove any doubt, the environmental flow guidelines mentioned in subsection (1) are taken—
	(a)	to have been notified under the Legislation Act on the day this Act is notified; and
	(b)	to have commenced on the commencement day; and
	(c)	not to be required to be presented to the Legislative Assembly under the Legislation Act, section 64 (1).
	(4)	Subsections (1), (2) and (3) are laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
201	Existing licences and permits
	(1)	A licence in force under the repealed Act, section 35 (Licence to take water) is taken to be a licence to take water under this Act, section 30.
	(2)	A licence in force under the repealed Act, section 39 (Unlicensed drilling) is taken to be a driller’s licence under this Act, section 35.
	(3)	A permit in force under the repealed Act, section 44 (Bore construction permit) is taken to be a bore work licence under this Act, section 39.
	(4)	A licence in force under the repealed Act, section 47 (Unlicensed recharge) is taken to be a recharge licence under this Act, section 49.
	(5)	A permit in force under the repealed Act, section 69 (Water control structures—permit to construct etc) is taken to be a waterway work licence under this Act, section 44.
	(6)	Any condition to which the licence or permit was subject under the repealed Act continues to apply but may be amended in accordance with this Act.
	(7)	This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
202	Water access entitlement for certain existing licence holders
	(1)	This section applies to a person who—
	(a)	was the holder of a licence to take ground water in force under the repealed Act, section 35; but 
	(b)	did not have a water allocation under that Act on which to base the taking of ground water under the licence.
	(2)	The authority must grant a water access entitlement to the person for a percentage of the ground water available in the relevant water management area that is equivalent to the lesser of—
	(a)	the amount of ground water the person could take under the licence; and
	(b)	the amount that, under the determination in force under section 18 (Amounts of water reasonable for uses), is a reasonable amount for the existing use.
	(3)	The water access entitlement must state—
	(a)	the person’s name; and
	(b)	the amount of ground water that may be taken; and
	(c)	the water management area to which the amount relates; and
	(d)	the place where the water may be taken; and
Note	For removal of this statement, see s 25.
	(e)	if the person does not have access to urban water supply and the entitlement is for water for stock or domestic use—that the water is for stock or domestic use; and
	(f)	anything else required under this Act to be stated in the water access entitlement.
203	Information on register
	(1)	The authority may include on the register under this Act any information held on the register under the repealed Act.
	(2)	This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
204	References to Planning and Development Act
	(1)	A reference in this Act to the Planning and Development Act 2007 includes a reference to the Land (Planning and Environment) Act 1991.
	(2)	A reference in this Act to the Planning and Development Act 2007, chapter 7 (Development approvals) includes a reference to the Land (Planning and Environment) Act 1991, part 6 (Approvals and orders).
205	Transitional regulations
	(1)	A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of this Act.
	(2)	A regulation may modify part 13 or this part to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in either part.
	(3)	A regulation under subsection (2) has effect despite anything elsewhere in this Act.
206	Expiry—pt 20
This part expires 1 year after the commencement day.

Part 21	Repeals and consequential amendments
207	Legislation repealed
	(1)	The Water Resources Act 1998 A1998-63 is repealed.
	(2)	The following legislative instruments are repealed:
	(a)	the Water Resources Regulation 2006 SL2006-14;
	(b)	the Water Resources (Fees) Determination 2006 (No 1) DI2006-138;
	(c)	the Water Resources Management Plan 2004 DI2004-66;
	(d)	all notifiable instruments under the Water Resources Act 1998.
208	Administrative Decisions (Judicial Review) Act 1989
Schedule 1, item 18
omit
209	Gunghalin Drive Extension Authorisation Regulation 2004
Section 4 (e)
substitute
	(e)	the Water Resources Act 2007.
210	Land (Planning and Environment) Regulation 1992
Schedule 1, item 3 (d)
after
Water Resources Act 1998
insert
or the Water Resources Act 2007
211	Utilities Act 2000
Section 20 (2) (l)
substitute
	(l)	the Water Resources Act 2007.

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	environment protection authority
·	function
·	infringement notice.
aquifer means a geological formation or structure, or an artificial landfill, permeated or capable of being permeated (whether permanently or intermittently) with water.
authorised officer means an authorised officer under the Environment Protection Act 1997, 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)	that is used, or is capable of being used, to intercept or collect ground water; or
	(b)	from which ground water is, or is capable of being, obtained or used; or
	(c)	that is used, or is capable of being used, for the disposal of water or waste below the surface of the ground; or
	(d)	that extends into an aquifer.
bore work means any of the following: 
	(a)	drilling, constructing, altering, plugging, backfilling or sealing off a bore; 
	(b)	removing, replacing, altering, slotting or repairing the casing, lining or screen of a bore; 
	(c)	deepening a bore (in the course of construction or otherwise).
bore work licence means a licence under section 39.
commencement day means the day this Act commences.
connected with an offence, for part 10 (Enforcement)—see section 78.
corresponding water access entitlement—see section 27.
disciplinary action—see section 61.
disciplinary notice—see section 62.
driller’s licence means a licence under section 35.
engage in conduct means—
	(a)	do an act; or
	(b)	omit to do an act.
environmental flow guidelines means environmental flow guidelines under section 12.
environmental record, of a person, means the person’s environmental record both in the ACT and elsewhere so far as it relates to water, and includes any action taken in relation to the person under—
	(a)	this Act or the repealed Act; or 
	(b)	a licence issued under this Act or the repealed Act; or
	(c)	a law of the Commonwealth, a State or another Territory that relates to water.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
flow, in relation to surface water and ground water, includes the discharge, release, escape or passage of the water.
ground, for disciplinary action—see section 60.
ground water—see section 9.
incorporated document means an instrument applied, adopted or incorporated by a statutory instrument under this Act.
land includes a building or structure on land.
licence means a licence under this Act.
licence to take water means a licence under section 30.
occupier, of premises, for part 10 (Enforcement)—see section 78.
offence, for part 10 (Enforcement)—see section 78.
owner, of land, includes the lessee of the land.
premises, for part 10 (Enforcement)—see section 78.
recharge licence means a licence under section 49.
register means the register under section 66.
repealed Act means the Water Resources Act 1998.
Note	A reference to a repealed Act is a reference to the Act as in force immediately before it was repealed (see Legislation Act, s 103).
reviewable decision—see section 94. 
stock or domestic use of water by a person means 1 or more of the following:
	(a)	use for the person, or the person’s family or employees, for domestic purposes; 
	(b)	use for drinking water for stock—
	(i)	not exceeding the number of stock normally depastured on the relevant land having regard to seasonal fluctuations in the carrying capacity of the land; and
	(ii)	not held in close concentration for a purpose other than grazing; 
	(c)	use for irrigating a garden, not larger than 2 hectares, that is for domestic use and not for the sale, barter or exchange of goods produced in the garden.
surface water—see section 8.
surviving allocation—see section 110.
take water—see section 11.
urban residential property means any of the following, within the meaning of the Territory plan, that has access to urban water supply:
	(a)	single dwelling housing;
	(b)	multi-unit housing;
	(c)	a boarding house;
	(d)	a guest house.
urban water supply means water supplied by a water utility, other than treated sewage.
water means surface water or ground water, and includes water that contains impurities.
water access entitlement—see section 19.
water management areas—see section 16.
water structure—see section 41.
water utility means a utility licensed under the Utilities Act 2000 to provide a water service.
waterway—see section 10.
waterway work—see section 41.
waterway work licence means a licence under section 44.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2007.
2	Notification
	Notified under the Legislation Act on	2007.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2007