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Last updated: 24 August 2009

5.4 Water management

1 Overview

The Water Management Act 2000 controls the extraction of water, how water can be used, the construction of works such as dams and weirs, and the carrying out of activities on or near water sources in NSW.1

The Act requires approvals to be obtained for the taking and use of water, and for the construction and use of works (such as pumps, drains and pipes) relating to water use.

• For information on water pollution, see Fact Sheet 4.1 on Pollution.

1.1 Useful web links

Water management in NSW is now managed by the Department of Environment, Climate Change and Water.

• Click here for information on water [please note this link takes you to the old Department of Water and Energy's website]

Water management within the Murray-Darling Basin is managed by the Federal Department of the Environment, Water, Heritage and the Arts.

The main legislation regulating water use in NSW is the Water Management Act 2000.

1.2 Useful legal texts

• Environmental & Planning Law in New South Wales, by Lyster, Lipman, Franklin, Wiffen and Pearson, The Federation Press (2007), Chapter 6, pp 234 - 278
• The Environmental Law Handbook, Farrier and Stein, eds (2006), Chapter 14, pp 516 - 542

2 Water Management Act 2000

Until recently, the use and management of water was regulated under the Water Act 1912. However, since the Water Management Act 2000 was introduced, water management is largely regulated under that Act. The Water Act 1912 now has only a limited role in regulation, and it will soon be repealed in its entirety once the whole of the Water Management Act 2000 becomes operational.2

Note: the Water Management Act 2000 was significantly amended by the Water Management Amendment Act 2008, which commenced (in part) on 1 January 2009.

2.2 Responsible Minister and Department

The Minister for Water is responsible for the Water Management Act 2000.

The Act is administered by the NSW Department of Environment, Climate Change and Water.

• Click here for more information on water management in NSW [please note this link takes you to the old Department of Water and Energy's website]

3 Water management plans

3.1 What must a water management plan contain?

The Water Management Act 2000 allows water management plans to be prepared.3 These are generally referred to as "water sharing plans". [please note this link takes you to the old Department of Water and Energy's website]

Water management plans must contain the details, relating to that particular area, for:4

• Water sharing - including the rules under which water can be taken (the rates, times and circumstances, etc), the rules for the buying and selling of licences and for annual allocations, basic landholder rights, and the requirements for environmental water,5
• Water use - including the identification of actitivites which might cause environmental degradation, such as soil erosion, native vegetation damage and salinity,6
• Drainage management - including the identification of the hydrological regimes in the area, any existing works, and the cummulative impacts on water quality,7 and
• Floodplain protection - including the identification of natural flooding regimes (frequency, duration and extent), the ecological benefits that flooding brings (particularly to wetlands), the identification of existing flood works and any proposals to modify or remove them.8

The water management area that each water management plan applies to is the area established by the Minister.9 There is no requirement that water mangement areas correspond with the catchment areas established under the Catchment Authorities Act 2003.

Water management plans are prepared by a water management committee for a water management area, or, if they fail to prepare one, by the Minister for Water.10 Water management committees are appointed by the Minister, and each committee must develop a water management plan in accordance with the terms of reference set by the Minister.11 Importantly, the Act stipulates that a management committee must exercise its functions consistently with the principles of ecologically sustainable development.12

A water management plan must be consistent with other documents, including:13

• The State Water Management Outcomes Plan,
• Any state environmental planning policies,
• Any protection of the environment policy under POEO Act, and
• Any State government policy, including those relating to environmental flow and water quality objectives.

Once the Committee has prepared a draft water management plan, it must be placed on public exhibition, public submissions must be called for, and those comments must be considered.14 The plan is then submitted to the Minister for approval, who has the power to change it.15

3.2 Minister approves water management plans

Once made, a water management plan reamins in force for 10 years.16 It must be reviewed by the Minister 5 years after it was made to assess whether the plan is still adequate and appropriate in implementing the water management principles set out in the Water Management Act 2000.17 Any new management plans to replace earlier management plans must be made in accordance with the Act.18

The Minister can at any time amend a water management plan but if the change reduces a licencee's water allocation, compensation may, in very limited circumstances, be payable.19

Note: The water management plans prepared so far have all been water sharing plans.

3.3 Legal challenges

The legal validity of a water management plan can be challenged by any person in the Land and Environment Court (Class 4 - judicial review) within 3 months of after the plan (or an amendment of it) was published in the NSW Government Gazette.20

• For more information on taking legal action in the Land and Environment Court, see Fact Sheet 2.4.

4 Water access licences

4.1 Offences

It is an offence to:

• take water from a water source without an access licence, or to take water other than as authorised by an access licence21
• breach the conditions of a water access licence,22
• take water under a water licence when there is no, or insufficient, water credited (allocated) to that account (see below).23

It is a defence if:24

• the water was taken under a basic landholder right (see below),
• there was a Ministerial order permitting an "uncontrolled flow" to be taken, or
• the Act or Regulations grants the person an exemption from the need to obtain a licence, for example, where the person holds native title rights (see below).

Under the Water Management Act 2000, landholders (owners and occupiers) are entitled to do the following things without the need for a water access licence, water supply work approval or water use approval:

• Take water from any water source on which their land has frontage for the purpose of domestic consumption and stock watering (but this does not include the right to build a dam or water bore), and
• If the land is in a "harvestable rights area" (which are declared by the Minister), to construct and use a dam to collect rain-water run-off,25

The Water Management Act 2000 grants certain people an exemption from the need to obtain a water access licence.26

The exemptions include:

• A person exercising their native title rights (see below),
• Any person lawfully engaged in the carriage of water for drought relief,
• Any person lawfully engaged in the use of water for dust suppression
• Prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or Petroleum (Onshore) Act 1991
• Water for electricity generation for domestic consumption, but only if the water is returned to its water source.

A native title holder is entitled to exercise their native title rights without the need for a water access licence, water supply work approval or water use approval. This does not extend to the right to build a dam or water bore, or to construct or use a water supply work on land that he or she doesn't own.27

4.2 Obtaining a water licence

A water access licence can be obtained by either:28

• Applying to the Minister (eg for a specific purpose access licence which the regulations permit) or
• Acquring the right to use an existing licence.

In response to the historical over allocation of water licences, the Water Management Act 2000 essentially places a Statewide embargo on the granting of new licences.29 In practice, it is therefore only possible to obtain a water access licence by buying one on the water market (see paragraph 4.7 on Water Trading below).

4.3 Public register

The Minister must keep a Water Access Licence Register, and all dealings, including any caveat or security interest (eg mortgage) over the licence must be noted.30 The Water Access Licence Register is administered by the Department of Lands.

• Click here to go to the Department of Lands website

4.4 Water licence characteristics

Under the Water Management Act 2000, water licences:

• are no longer attached to a specific land title (as they were under the Water Act 1912);
• can therefore be traded up and down a river, or even between rivers and States, and
• no longer expire (they are now issued in perpetuity).

A water access licence entitle the holder to take a share of the available water from a specified water source. This is called the "share component" and is defined on the licence.31

For example, the share component might be expressed as:

• a maximum volume of water over time
• a specified proportion of the available water
• a specified proportion of the storage capacity of a dam, or
• as a specified number of units.

A water access licence also entitles the holder to take water at specified times, at specified rates, or in specified circumstances, which is called the "extraction component".

A water licence will often contain conditions within it which regulate how water can be taken under it (discretionary conditions).32 In additon to this, the relevant water management plan can require conditions to be imposed on all licences (mandatory conditions).33

Under the Water Act 1912, water access licences had a fixed 5-year term. However, under the Water Management Act 2000, water access licences are now granted in perpetuity and do not need to be renewed. The licence has effect unless and until it is cancelled in the Access Register.34

4.5 Licence categories

The Water Management Act 2000 allows a range of different licences to be issued.35

Different categories of water licences enjoy different levels of water security. For example, a high security licence has a higher chance of receiving a water allocation than a general security licence.36 The Act sets out the priorities between the different categories of licences, although a water management plan can provide for different rules.37

The table below shows some of the categories of water licence available, with a note on the relative level of water security that each category offers.

* Note: a "regulated river" is a river which has a dam on it, whereas an "unregulated river" does not.

The cost of water licences will vary depending on the licence category, the catchment, and the available water in each catchment and from time to time.

4.6 How are water allocations determined under a water licence?

From time to time, the Minister (through the Department) makes an "available water determination" for each catchment as to how much water is available to be taken, either in relation to categories of licences, or for individual licences.38

The allocation will depend upon the prevailing weather conditions and the amount of water available in the dams, eg in a dry year the available water determination may be revised downwards, and in a wet year the available water determination may be increased.

After the available water determination has been made, the amount available for each licence is credited to each licence. Each licence has a water allocation account for this purpose. The account records the actual water allocations (in megalitres) which accrue to the licence annually or within certain intervals. Water is credited each year (after an allocation) and debited when any water is taken at the extraction point. It is an offence to take water if the allocation in the account is insufficient.39

It is possible for a licence holder to assign water allocations from one licence to another. This is known as a "temporary trade": see below.

4.7 Water trading

Water licences have been traded in NSW since 1990. The water trading market is still developing, and water licences are becoming increasingly valuable as the demand for water increases and water availability decreases. Water trading can take place within NSW water sources, and between States.40 Water trading usually takes place through the use of a water broker (which are not regulated).

Under the Water Management Act 2000, two types of water trades are possible:

• permanent transfers, or
• temporary transfers.

Permanent transfers are also called "permanent trades" or "assignment of share components". It is the equivalent of selling a licence.

Either part or all of the shares available under a water access licence can be can be sold to another licence holder in the same water source.41 For the licence to be moved to a different holder in a different water source, a transfer and change is necessary.

Temporary transfers are also called "temporary trades", "water allocation assignments" or "term transfers".42 T emporary transfers are only available on regulated rivers (ie rivers which have a dam or other storage facility on them).

Licence holders can make a temporary transfer (assignment) of their water allocation, but this can only be made to another licence. This is equivalent to "leasing" the water. The transfer must be for at least 6 months. The transfer does not require an application to the Department of Environment, Climate Change and Water, but must to be registered by the Department of Lands on the Register once the agreement is complete.

To give effect to a temporary transfer, the water allocation account of one licence is debited by a volume and the water allocation account of the receiving licence is credited by the same volume. The dealing has no permanent effect on the licence itself.

All dealings, including all temporary and permanent trades in access licences requires Ministerial consent.43 An applicant can bring a merits appeal in the Land and Environment Court (Class 1) if the Minister refuses to consent to a dealing in an access licence.44

4.8 Environmental flows

In addition to regulating individual water access licences, the Water Management Act 2000 establishes a scheme to ensure that sufficient water remains in streams and rivers for the environment once all other extractions have been made.45

There are two types of environmental water:

• planned environmental water, and
• adaptive environmental water.

Planned environmental water is water that is committed under a management plan for environmental purposes to ensure the health of ecosystems. This water can be committed either generally or a specified times (eg bird breeding seasons). It cannot be taken or used for any other purpose.46

Adaptive environmental water is water that is committed by the conditions of an access licence for environmental purposes.47 For example, adaptive environmental water might be generated by a licence holder "dedicating" their water for environmental purposes,48 as a result of system improvements,49 or through water savings.50

How much environmental water is available for a river is dependent upon a complex interaction between:

• The environmental water rules set out in each water sharing plan,51
• The bulk access regime set up by a water sharing plan, and
• The available water determinations that are made by the Minister from time to time.

Water management plans must identify the rules for the establishment and maintenance of each of these types of environmental water.52 This must be done by reference to at least two of the following things:53

• The physical presence of water in the water source,
• The long-term average annual commitment of planned environmental water, or
• By reference to how much water is not committed after other commitments have been met.

5 Works approvals

A water access licence only gives the holder the right to take water. It does not give the person the right to use the water or to build any of the works such as pipes, pumps or dams that might be physically required to extract and store the water. These works require a "water use approval" and a "water supply work approval". Any work on or under a river bank will require a "controlled activity approval".

5.1 Water use approvals

Water use approvals are required before a person can use water which they are entitled to use under a water access licence.54 It is an offence for a person to use water if they do not hold an approval for that use, or to use water otherwise than as authorised by an approval.55

One of the main objectives of requiring an approval to use water is to avoid or minimise the land degradation which can be caused by inappropriate water use, such as soil erosion, soil compaction, contamination, acidity, waterlogging, the decline of native vegetation and salinity.56 For example, water use for cropping activities such as cotton production should not be permitted in areas which are prone to salinity.

Defences and exemptions from the need to obtain a water use approval include:57

• That the water was taken under a basic landholder right, which include the right to use water for domestic consumption and stock watering,
• That the person held a development consent authorising the use of the water
• That the water was used for drought relief or dust suppression
• That the water was used for prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or Petroleum (Onshore) Act 1991, or
• That the water was used for Aboriginal cultural purposes.

5.2 Water management works approvals

There are three kinds of water management work approvals:58

• Water supply work approvals - this authorises the holder to construct and use a water supply work, such as water pumps and water bores, tanks or dams to capture rain-water runoff, water banks or levees which divert water, and weirs,59
• Drainage work approvals - this gives the holder the right to construct and use drainage works, such as pumps, piples and sluice gates, but does not include any sewage work,60 and
• Flood work approvals - this allows the holder to construct and use specified flood works, such as a barrage, causeway, cutting or embankment that is likely to have an effect on the flow of water or on flood waters.61

It is an offence to construct or use these things without approval, or to do so otherwise than as approved.62

Defences and exemptions from the need to obtain a water supply work approval include:63

• That the water was taken under a basic landholder right, which includes domestic consumption and stock watering
• That the work carried out was an "excluded work", such as a dam built solely for the prevention or control of soil erosion, or for flood detention and mitigation,64 or
• That the water supply work is to be used solely for the purpose of prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or Petroleum (Onshore) Act 1991.

5.3 Approvals for works on waterfront land

Works near riverbanks used to be regulated under the Rivers and Foreshores Improvement Act 1948. However this Act was repealed by the Water Management Act 2000 on 4 February 2008 which has largely incorporated the provisions of the Rivers and Foreshores Improvement Act 1948.65

This approval is an integrated development under s91 of the Environmental Planning and Assessment Act 1979.

If a controlled activity is proposed on waterfront land, an approval is required for that work (called an "activity approval").66 It is an offence to carry out a controlled activity on waterfront land without approval, or in breach of the conditions of an approval.67

"Waterfront land" means 40 metres either side of the bed of any river, lake or estuary, including the bed itself.68

"Controlled activities" include:69

• the erection of a building or the carrying out of a work (within the meaning of the Environmental Planning and Assessment Act 1979),
• the removal of material (whether or not extractive material) or vegetation from land, whether by way of excavation or otherwise,
• the deposition of material (whether or not extractive material) on land, whether by way of landfill operations or otherwise, or
• the carrying out of any other activity that affects the quantity or flow of water in a water source.

Defences and exemptions include:70

• That the water was taken under a basic landholder right, which includes domestic consumption and stock watering
• That the person is a public authority or local council
• That the activities are carried out under the Mining Act 1992
• That the activities are carried out in connection with a dwelling-house which is authorised under the EPA Act, or
• That the activities only involve the removal of native vegetation that would otherwise be lawful.

5.4 Applications for works approvals

Applications for all works approvals are made to the Minister for Water, who is responsible for deciding applications.71 The Minister must not grant the application if there is an embargo in place in any water management area.72

In deciding the application, the Minister must be satisfied that no more than minimal harm will be done to any water source or surrounding land as a consequence of its use.73

Under the Regulations some, but not all, classes of applications must be advertised. These include:74

• applications for water supply work approvals for the taking of water from a river, bores for the taking of water, (other than bores used solely for taking water in accordance with a person's basic landholder rights), or works (such as weirs) that have the effect of impounding water, and works (such as tanks and dams) that are constructed or used for the purpose of capturing rainwater run-off,75
• applications for water use approvals for irrigation,
• applications whose advertising is required by any relevant management plan.

A water management plan can also impose a requirement for certain water approvals to be advertised.

Advertising is not required if the application also requires development consent which is integrated development.76

Where advertising is required, the application for approval must be advertised by the Minister by publishing a notice:77

• in a local newspaper, and
• in a newspaper circulating among such Aboriginal communities as could be affected by the granting of such an approval, and
• on the Department's internet website.

A development which requires both development consent and a works approval will be processed as integrated development under the EPA Act.78 The effect of this is that the consent authority must, before granting a development consent, request the Minister to provide it with its general terms of approval if it is minded to grant a works approval. In addition, the public loses its right to object and appeal to a water approval application, unless the development is also designated development.79

For more information on integrated development and designated development, see Fact Sheet 2.2 on Development applications and consents.

If an application for approval has been advertised, any person can object to the granting of the approval.80 The Minister must endeavour to resolve the issues raised by the objectiton through consultation with the applicant and objector.81

If the Planning Minister has directed the Planning Assessment Commission to review the development to which the water approval application relates, then the Minister for Water must refer the application and any objection to the Commission.82 The Minister for Water must defer making any decision on the application until the Minister receives the Commission's report on the matter.83

If the Minister does not resolve the objection, then that person (the objector) can appeal to the Land and Environment Court against the Minister's subsequent decision to grant the approval.84 This will be a Class 1 merits appeal, and must be brought within 28 days of the decision being made.85

For more information on appeals to the Land and Environment Court, see Fact Sheet 2.4.

An applicant who is dissatisfied with the Minister's decision in relation to an application for a works approval can appeal to the Land and Environment Court (Class 1) within 28 days of the decision being made.86 Any person who objected to the licence application can join such an appeal.87

Any person can bring legal proceedings in the Land and Environment Court to remedy or restrain a breach of the Water Management Act 2000.88 This includes bringing proceedings to challenge the validity of any water use approval issued under the Act.

For more information on judicial review proceedings in the Land and Environment Court, see Fact Sheet 2.4.

6 Enforcement of the Water Management Act 2000

The Minister for Water and the Department have extensive powers to investigate and enforce breaches of the Water Management Act 2000, including the power to:

• Give directions to landholders not to waste water,89
• Impose temporary water restrictions,90
• Issue stop work orders91
• Give a landholder a direction to prevent stock from straying from a landholder's land into water courses,92
• Take remedial measures,93
• Issue penalty notices for certain offences,94 and
• To bring criminal prosecutions in the Land and Environment Court where a person has committed an offence.95

7 Role of the Commonwealth

The Commonwealth has recently adopted a leading role in the regulation and management of water between States in the Murray-Darling Basin.

7.1 Water Act 2007 (Cth)

On 3 March 2008, the Commonwealth's Water Act 2007 came into force, giving effect to the Commonwealth intervention. The Water Act 2007 is intended to allow the Commonwealth to coordinate the management of water resources in the Murray-Darling Basin in conjunction with the Basin States.96

The Act establishes the Murray-Darling Basin Authority as the national regulatory authority. The Act allows the Commonwealth to establish a Basin Plan which will establish limits on the amount of water which can be taken from the Basin as a whole.97 The Act will also standardise water trading rules between the Murray-Darling States.98

The Commonwealth Minister responsible for the Water Act 2007 is the Minister for Climate Change and Water. The Act is administered by the Department of the Environment, Water, Heritage and the Arts.

• Click here to go to the Department's website on water

7.2 Water (Commonwealth Powers) Act 2008 (NSW)

The NSW Parliament recently introduced the Water (Commonwealth Powers) Act 2008. The principal purpose of the Act is to refer certain powers to the Commonwealth regarding water management to ensure that the Commonwealth has sufficient constitutional power to enable the cooperative water management arrangements under the Commonwealth's Water Act 2007 to be implemented.

The matters which have been referred include:99

• The management of Basin water resources to meet critical human water needs,
• Control over water charging, and
• Certain powers over water trading.

1. See also the Water Management (General) Regulation 2004.
2. Water Management Act 2000, s 401; Sch 7 will repeal the Water Act 1912 once it commences.
3. Water Management Act 2000, Chapter 2, Part 3, ss 15 - 51.
4. Water Management Act 2000, s 15(1).
5. Water Management Act 2000, s 20.
6. Water Management Act 2000, s 23.
7. Water Management Act 2000, s 26.
8. Water Management Act 2000, s 29, 30.
9. Water Management Act 2000, s 11.
10. Water Management Act 2000, s 15.
11. Water Management Act 2000, s 12, 13, 15.
12. Water Management Act 2000, s 14(3).
13. Water Management Act 2000, s 16.
14. Water Management Act 2000, s 38, 39, 40.
15. Water Management Act 2000, s 40, 41.
16. Water Management Act 2000, s 43.
17. Water Management Act 2000, s 43(2).
18. Water Management Act 2000, s 43(4).
19. Water Management Act 2000, s 87AA.
20. Water Management Act 2000, s 47, and s 336.
21. Water Management Act 2000, s 60A.
22. Water Management Act 2000, s 60B,
23. Water Management Act 2000, s 60C.
24. Water Management Act 2000, s 60F(2), 85A.
25. Water Management Act 2000, s 53, 54.
26. Water Management (General) Regulation 2004, cl 18.
27. Water Management Act 2000, s 55.
28. Water Management Act 2000, s 61.
29. Water Management Act 2000, s 65.
30. Water Management Act 2000, s 71, 71A.
31. Water Management Act 2000, s 56(1)(a).
32. Water Management Act 2000, s 66(1)(b).
33. Water Management Act 2000, s 66(1)(a).
34. Water Management Act 2000, s 69.
35. Water Management Act 2000, s 57.
36. Water Management Act 2000, s 58.
37. Water Management Act 2000, s 58(3).
38. Water Management Act 2000, s 59, 60.
39. Water Management Act 2000, s 60C.
40. Water Management Act 2000, s 71U, 71V.
41. Water Management Act 2000, s 71Q.
42. Water Management Act 2000, s 71T.
43. Water Management Act 2000, s 71L, 71Y.
44. Water Management Act 2000, s 368(e).
45. Water Management Act 2000, s 3, 20(1)(a).
46. Water Management Act 2000, s 8(1)(a), 8A.
47. Water Management Act 2000, s 8(1)(b),
48. Water Management Act 2000, s 8B.
49. Water Management Act 2000, s 8C.
50. Water Management Act 2000, s 8D.
51. Water Management Act 2000, s 8(2)
52. Water Management Act 2000, s 8(2), (3).
53. Water Management Act 2000, s 8(1A).
54. Water Management Act 2000, s 89.
55. Water Management Act 2000, s 91A.
56. Water Management Act 2000, s 5(4)(a).
57. Water Management Act 2000, s 91M(2); Water Management (General) Regulation 2004, cl 38..
58. Water Management Act 2000, s 90.
59. Water Management Act 2000, Dictionary "water management works".
60. Water Management Act 2000, Dictionary "drainage work".
61. Water Management Act 2000, Dictionary "flood work".
62. Water Management Act 2000, s 91B, 91C, 91D.
63. Water Management Act 2000, s 91M(2); Water Management (General) Regulation 2004, cl 39.
64. Water Management (General) Regulation 2004, cl 39(1)(a), cl 3 Definitions, Sch 1 defines "excluded works".
65. Water Management Act 2000, s 401, Sch 7.
66. Water Management Act 2000, s 91(2),
67. Water Management Act 2000, s 91E, 91G.
68. Water Management Act 2000, Dictionary "waterfront land".
69. Water Management Act 2000, Dictionary "controlled activity".
70. Water Management Act 2000, s 91M(2); Water Management (General) Regulation 2004, cl 39A.
71. Water Management Act 2000, s 92, 95.
72. Water Management Act 2000, s 110.
73. Water Management Act 2000, s 97.
74. Water Management Act 2000, s 92(7); Water Management (General) Regulation 2004, cl 32.
75. But see some exceptions to this in the Water Management (General) Regulation 2004, cl 32(2).
76. Water Management Act 2000, s 99(2).
77. Water Management (General) Regulation 2004, cl 32(3), (4).
78. EPA Act, s 91; Water Management Act 2000, s 99.
79. Water Management Act 2000, s 99(3), (4).
80. Water Management Act 2000, s 93; Water Management (General) Regulation 2004, cl 34.
81. Water Management Act 2000, s 93(5).
82. Water Management Act 2000, s 94.
83. Water Management Act 2000, s 94(2), (3).
84. Water Management Act 2000, s 368(1)(h), (6).
85. Water Management Act 2000, s 368(3); Land and Environment Court Act 1979, s 17(c)..
86. Water Management Act 2000, s 368; Land and Environment Court Act 1979, s 17(c).
87. Water Management Act 2000, s 368(4).
88. Water Management Act 2000, s 336.
89. Water Management Act 2000, s 325.
90. Water Management Act 2000, s 324.
91. Water Management Act 2000, s 327, 328, 330
92. Water Management Act 2000, s 332.
93. Water Management Act 2000, s 336A.
94. Water Management Act 2000, s 365.
95. Water Management Act 2000, s 364.
96. Water Act 2007, s 3(a).
97. Water Act 2007, s 19 - 44.
98. Water Act 2007, s 10.
99. Water (Commonwealth Powers) Act 2008, s 3 "referred subject matters".

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