2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for the Environment, Climate Change and Water)
Water Resources Amendment Bill 2010

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	New section 7A	3
	5	Water access entitlement—transfer
Section 26 (2) (a)	3
	6	Licence to take water—requirement
Section 28 (1) to (5)	4
	7	New section 28 (1)	4
	8	Section 28 (6)	4
	9	Section 33 heading	4
	10	Section 33 (as amended)	4
	11	New section 33	5
	12	Bore work licence—requirement
Section 37 (1) and (2)	5
	13	New section 37 (1)	5
	14	Bore work licence—decision on application
Section 39 (2) (a)	5
	15	Section 39 (2) (b)	6
	16	New section 39 (3)	6
	17	Waterway work licence—requirement
Section 42 (1)	6
	18	New section 42 (1)	6
	19	Section 42 (2)	7
	20	Section 47 heading	7
	21	Section 47 (as amended)	7
	22	New section 47	7
	23	Offence—failing to produce licence
Section 57	7
	24	Offence—contravening licence conditions
Section 58	7
	25	New section 58	8
	26	Offences—contravening certain conditions of licence to take water
Section 59	8
	27	Notice prohibiting or restricting taking of water
Section 71 (6) and penalty	8
	28	Direction to modify or remove water structure
Section 72 (2) and penalty	8
	29	Direction to rectify effect of unauthorised activity etc
Section 73 (3)	8
	30	Section 73 (4) and penalty	9
	31	Direction to prevent or rectify damage to bed or bank of waterway
Section 74 (3)	9
	32	Section 74 (4) and penalty	9
	33	Directions in relation to unlicensed taking of surface water
Section 75 (3) and penalty	9
	34	Directions in relation to bores
Section 76 (3)	10
	35	Section 76 (4) and (5)	10
	36	New part 9A and section 77A headings	10
	37	New section 77A (6)	10
	38	New section 77B (4)	10
	39	New section 77C heading	11
	40	New section 77C (2)	11
	41	New sections 77H and 77I	11
	42	Dictionary, note 2	12
Schedule 1	Consequential amendments	13
Part 1.1	Magistrates Court (Water Resources Infringement Notices) Regulation 2007	13
Part 1.2	Water Resources Regulation 2007	13

2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for the Environment, Climate Change and Water)
Water Resources Amendment Bill 2010

A Bill for
An Act to amend the Water Resources Act 2007, 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 2010.
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	Legislation amended
This Act amends the Water Resources Act 2007.
Note	This Act also amends other legislation (see sch 1).
4	New section 7A
insert
7A	Application of Act to national land and Googong Dam Area
	(1)	For this Act, the water resources of the Territory include—
	(a)	surface water and ground water on national land; and
	(b)	the surface water of the Googong Dam Area.
Note 1	Under the Australian Capital Territory (Planning and Land Management Act) 1988 (Cwlth), the Territory is responsible for the management or regulation, or both, of the taking of water on national land (see that Act, s 29 (1) (c)).
Note 2	Under the Water Act 2007 (Cwlth), the surface water of the Googong Dam Area is to be treated as if it were in the ACT (see that Act, s 63A) and the Territory is responsible for the water resource plan for that area (see that Act, s 22 (1) (Content of Basin Plan), table item 2 and div 2 (Water resource plans for particular water resource plan areas)). 
	(2)	In this section:
Googong Dam Area—see the Canberra Water Supply (Googong Dam) Act 1974 (Cwlth), section 3.
5	Water access entitlement—transfer
Section 26 (2) (a)
substitute
	(a)	the intended use of the water and the place it is proposed to be used is—
	(i)	consistent with the conditions of the entitlement; and
	(ii)	either—
	(A)	consistent with the Territory plan; or
	(B)	approved by the authority responsible for water management in the State or Territory where the water is to be used; and
6	Licence to take water—requirement
Section 28 (1) to (5)
relocate as section 77A (1) to (5)
7	New section 28 (1)
insert
	(1)	A person must not take water from a place if the person does not have a licence to take the water from the place.
8	Section 28 (6)
omit
This section does not apply to—
substitute
However, a licence is not required for—
9	Section 33 heading
substitute
33	Offences—do bore work without licence
10	Section 33 (as amended)
relocate as section 77B (1)
11	New section 33
insert
33	Driller’s licence—requirement
A person must not do bore work if the person does not have a driller’s licence to do the bore work.
12	Bore work licence—requirement
Section 37 (1) and (2)
relocate as section 77B (2) and (3)
13	New section 37 (1)
insert
	(1)	A person who is the owner or occupier of land must not allow bore work to be done on the land if the person does not have a bore work licence for the bore work.
14	Bore work licence—decision on application
Section 39 (2) (a)
substitute
	(a)	either—
	(i)	the bore work is for a monitoring bore; or
	(ii)	the applicant holds a water access entitlement or surviving allocation for ground water to be taken from the bore; and
15	Section 39 (2) (b)
omit
grant
substitute
issue
16	New section 39 (3)
insert
	(3)	In this section:
monitoring bore means a bore that—
	(a)	enters an aquifer; and
	(b)	is used to monitor the depth and fluctuations of depth in the aquifer.
17	Waterway work licence—requirement
Section 42 (1)
relocate as section 77C (1)
18	New section 42 (1)
insert
	(1)	A person must not do waterway work if—
	(a)	the work adversely affects, or may adversely affect, the flow or quality of water, or the aquatic habitat, in the waterway; and
	(b)	the person does not have a waterway work licence for the waterway work.
19	Section 42 (2)
omit
This section does not apply to
substitute
However, a waterway work licence is not required for
20	Section 47 heading
substitute
47	Offence—do work without recharge licence
21	Section 47 (as amended)
relocate as section 77D
22	New section 47
insert
47	Recharge licence—requirement
A person must not construct, operate or alter works for the purpose of increasing the quantity of ground water if the person does not have a recharge licence for the work.
23	Offence—failing to produce licence
Section 57
relocate as section 77E
24	Offence—contravening licence conditions
Section 58
relocate as section 77F
25	New section 58
insert
58	Licence conditions—requirement
The holder of a licence must comply with a condition of the licence.
26	Offences—contravening certain conditions of licence to take water
Section 59
relocate as section 77G
27	Notice prohibiting or restricting taking of water
Section 71 (6) and penalty
substitute
	(6)	A person must comply with a prohibition or restriction under a notice under this section.
28	Direction to modify or remove water structure
Section 72 (2) and penalty
substitute
	(2)	A person must comply with a direction given to the person under this section.
29	Direction to rectify effect of unauthorised activity etc
Section 73 (3)
omit
may
substitute
must
30	Section 73 (4) and penalty
substitute
	(4)	A person must comply with a direction given to the person under this section.
31	Direction to prevent or rectify damage to bed or bank of waterway
Section 74 (3)
omit
may
substitute
must
32	Section 74 (4) and penalty
substitute
	(4)	A person must comply with a direction given to the person under this section.
33	Directions in relation to unlicensed taking of surface water
Section 75 (3) and penalty
substitute
	(3)	A person must comply with a direction given to the person under this section.
34	Directions in relation to bores
Section 76 (3)
omit
may
substitute
must
35	Section 76 (4) and (5)
substitute
	(4)	A person must comply with a direction given to the person under this section.
36	New part 9A and section 77A headings
insert
Part 9A	Offences
77A	Offences—take water without licence
37	New section 77A (6)
insert
	(6)	This section does not apply if a licence is not required as mentioned in section 28 (2).
38	New section 77B (4)
insert
	(4)	Subsections (2) and (3) do not apply to bore work that is exempt from the requirement for a bore work licence under a regulation.
39	New section 77C heading
insert
77C	Offence—do waterway work without licence
40	New section 77C (2)
insert
	(2)	This section does not apply if a waterway work licence is not required as mentioned in section 42 (2).
41	New sections 77H and 77I
insert
77H	Offence—contravene notice prohibiting or restricting taking of water
A person commits an offence if the person engages in conduct that contravenes a prohibition or restriction under a notice under section 71 (Notice prohibiting or restricting taking of water).
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
77I	Offences—contravene directions
	(1)	A person commits an offence if the person engages in conduct that contravenes a direction given to the person under—
	(a)	section 72 (Direction to modify or remove water structure); or
	(b)	section 73 (Direction to rectify effect of unauthorised activity etc).
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
	(2)	A person commits an offence if the person engages in conduct that contravenes a direction given to the person under section 74 (Direction to prevent or rectify damage to bed or bank of waterway).
Maximum penalty: 100 penalty units.
	(3)	A person commits an offence if the person engages in conduct that contravenes a direction given to the person under—
	(a)	section 75 (Directions in relation to unlicensed taking of surface water); or
	(b)	section 76 (Directions in relation to bores).
Maximum penalty: 50 penalty units.
	(4)	An offence against subsection (3) (b) is a strict liability offence.
42	Dictionary, note 2
insert
·	national land

Schedule 1	Consequential amendments
(see s 3)
Part 1.1	Magistrates Court (Water Resources Infringement Notices) Regulation 2007
[1.1]	Schedule 1, items 1 to 7, column 2
substitute
77A (2)	
77A (4)	
77G (1)	
77G (2)	
77G (3)	
77G (4)	
77G (5)	
Part 1.2	Water Resources Regulation 2007
[1.2]	Section 6 heading
substitute
6	Exemptions from requirement for licence to take water—Act, s 28 (2) (e)
[1.3]	Section 10 heading
substitute
10	Exemptions from requirement for bore work licence—Act, s 37 (2)

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2010.
2	Notification
	Notified under the Legislation Act on	2010.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2010