Australian Capital Territory
Water Resources Amendment Act 2005
A2005-35
    
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	New section 35A	2
	5	New sections 63A to 63C	3

Australian Capital Territory
Water Resources Amendment Act 2005
A2005-35

An Act to amend the Water Resources Act 1998, and for other purposes

    

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

1	Name of Act
This Act is the Water Resources Amendment Act 2005.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Water Resources Act 1998.
4	New section 35A
insert
35A	Licences for utilities
	(1)	A utility that has an allocation and a licence to take water from a waterway may take water under the allocation from—
	(a)	the subcatchment stated in the allocation; or
	(b)	any other subcatchment in the waterway; or
	(c)	any subcatchment in any other waterway for which the utility holds an allocation and a licence to take water.
	(2)	However, a utility may act under subsection (1) (b) and (c) only if—
	(a)	the environmental flow required under the guidelines and the licence is maintained in each waterway from which the water is taken; and
	(b)	the total volume of water taken by the utility is not greater than the total volume stated in all allocations held by the utility.
	(3)	This section applies despite any condition of an allocation or licence held by the utility.
	(4)	In this section:
subcatchment means a subcatchment described in the management plan.
utility means a utility licensed under the Utilities Act 2000 to provide a water service.
5	New sections 63A to 63C
in part 9, insert
63A	Moratorium on granting licences etc
	(1)	The operation of the following provisions is suspended:
	(a)	section 28 (1) to (10) (Allocation of water);
	(b)	section 35 (1) to (4) (Licence to take water);
	(c)	section 44 (1) and (2) (Bore construction permit);
	(d)	section 47 (2), (3) and (6) (Unlicensed recharge).
	(2)	The operation of section 77 (3) (Review of decisions) is suspended in relation to decisions under the suspended provisions.
	(3)	Without limiting subsection (1)—
	(a)	an application cannot be made for an allocation, licence or permit mentioned in the suspended provisions; and
	(b)	a decision cannot be made to grant or refuse to grant an allocation, licence or permit mentioned in the suspended provisions.
	(4)	Subsections (1) and (2) have effect subject to section 63B (Exceptions to moratorium).
	(5)	However, subsection (1) does not affect the operation of any allocation, licence or permit (including the conditions to which it is subject) if—
	(a)	it was granted before the commencement of this section; or
	(b)	it is granted after the commencement of this section because of section 63B.
63B	Exceptions to moratorium
	(1)	The operation of section 28 (1) to (10) is not suspended in relation to a grant of a water allocation to a person if—
	(a)	the grant is for an allocation of ground water under particular land; and
	(b)	the person holds or held a licence under section 35 to take ground water under the land; and
	(c)	the land is the subject of a further lease of territory land granted after the commencement of section 13.
	(2)	The operation of section 28 (1) to (10) is not suspended in relation to a grant of a water allocation to a water supply utility.
	(3)	The operation of section 28 (1) to (10) is not suspended in relation to a grant of a water allocation if the allocation is granted under a court or tribunal order made in a proceeding started before the commencement of this section.
	(4)	The operation of section 35 (1) to (4) is not suspended in relation to an application for a licence to take ground water under particular land (a new licence) if—
	(a)	the applicant holds or held a licence under section 35 to take ground water under the land; and
	(b)	the land is the subject of a further lease of territory land granted after the commencement of section 13.
	(5)	The operation of section 35 (1) to (4) is not suspended in relation to an application for a licence to take ground water under particular land if—
	(a)	the applicant holds a licence under section 35 to take ground water under the land (the existing licence); and
	(b)	the application is for a new licence to take a volume of ground water under the land that is not more than the volume of water stated in the existing licence; and
	(c)	the new licence would have effect after the end of the term of the existing licence.
	(6)	The operation of section 35 (1) to (4) is not suspended in relation to an application for a licence to take surface water from a particular place (a new licence) if—
	(a)	the applicant holds a licence under section 35 to take surface water from the place (the existing licence); and
	(b)	the application is for a new licence to take a volume of surface water from the place that is not more than the volume of water stated in the existing licence; and
	(c)	the new licence would have effect after the end of the term of the existing licence.
	(7)	The operation of section 35 (1) to (4) is not suspended in relation to an application by a water supply utility for a licence to take water.
	(8)	The operation of section 35 (1) to (4) is not suspended in relation to an application for a licence to take water if the licence is granted under a court or tribunal order made in a proceeding started before the commencement of this section.
	(9)	The operation of section 44 (1) and (2) is not suspended in relation to an application for a bore construction permit by an applicant who—
	(a)	holds a licence to take water from an existing bore; and
	(b)	is applying for a permit for works on that bore or construction of a replacement bore.
	(10)	The operation of section 44 (1) and (2) is not suspended in relation to an application for a bore construction permit if the permit is granted under a court or tribunal order made in a proceeding started before the commencement of this section.
	(11)	The operation of section 47 (2), (3) and (6) is not suspended in relation to an application for a recharge licence if the licence is granted under a court or tribunal order made in a proceeding started before the commencement of this section.
	(12)	A regulation may prescribe other exceptions for section 63A (1).
63C	End of moratorium
Section 63A, section 63B and this section expire 2 years after the day they commence.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 5 May 2005.
2	Notification
	Notified under the Legislation Act on 31 August 2005.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Water Resources Amendment Bill 2005, which was passed by the Legislative Assembly on 18 August 2005.

Clerk of the Legislative Assembly

© Australian Capital Territory 2005