Water NSW Act 2014 (NSW)

Water NSW Act 2014 No 74

An Act to provide for State Water Corporation to become Water NSW and to abolish the Sydney Catchment Authority and transfer its functions to Water NSW; and to repeal and amend certain legislation consequentially.

Part 1 Preliminary

1 Name of Act This Act is the Water NSW Act 2014.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— area of operations of Water NSW—see section 15. assets—see clause 2 (1) of Schedule 1. authorised officer means a person who has been appointed as an authorised officer under this Act. board means the board of directors of Water NSW. catchment audit means an audit conducted under section 42. catchment health, in relation to a declared catchment area, means the condition of ecosystems and systems of management (such as sewerage and stormwater systems) in that catchment that protect water quality. catchment infrastructure works means— (a) water storages, water mains, or connected or associated works, or (b) monitoring devices in, under, over or near any works referred to in paragraph (a), or (c) any works ancillary or antecedent to any works referred to in paragraph (a) or (b), or (d) hydro-electric plants or associated infrastructure or works, and includes anything prescribed by the regulations as being within this definition, but excludes anything prescribed by the regulations as being outside this definition. catchment management means the management of land and water resources in a declared catchment area. chief executive officer means the chief executive officer of Water NSW. controlled area means an area of land for the time being declared under this Act to be a controlled area. county council means a county council under the Local Government Act 1993. declared catchment area means an area of land for the time being declared under this Act to be a declared catchment area. Department means the Department of Industry, Skills and Regional Development. Fish River water supply scheme means the water management work comprising the concrete dam on Fish River at Oberon and Duckmaloi Weir, together with— (a) its associated gravitation main, concrete reservoirs, reticulation systems and treatment works, and (b) the pumping station at Oberon, and (c) all incidental and connected works, and (d) all additions, amplifications, improvements and extensions to that scheme. function includes a power, authority or duty, and exercise a function includes perform a duty. IPART means the Independent Pricing and Regulatory Tribunal established under the Independent Pricing and Regulatory Tribunal Act 1992. land includes the following— (a) the sea or an arm of the sea, (b) a bay, inlet, lagoon, lake or body of water, whether inland or not and whether tidal or non-tidal, (c) a river, stream or watercourse, whether tidal or non-tidal, (d) a building erected on the land. lease includes a licence or permit. liabilities—see clause 2 (1) of Schedule 1. listed functions of Water NSW—see section 7 (1). Ministerial Corporation means the Water Administration Ministerial Corporation constituted by the Water Management Act 2000. motor vehicle means any motor car, motor cycle or other vehicle propelled by any means other than human or animal power. operating licence means an operating licence granted under this Act or any renewal of it. operational audit means an operational audit of Water NSW that is required to be prepared under an operating licence. owner, in relation to land, includes every person who jointly or severally at law or in equity— (a) is entitled to the land for an estate of freehold in possession, or (b) is a person to whom the Crown has contracted to sell the land under the Crown Land Management Act 2016 or any other Act relating to alienation of land of the Crown, or (c) is entitled to receive, or receives, or if the land were let to a tenant would receive, the rents and profits of the land, whether as beneficial owner, trustee, mortgagee in possession or otherwise, and, in relation to land of the Crown, means the Crown, but does not include a person who, or a class of persons that, is declared by the regulations as being outside this definition, either generally or in a particular case or class of cases. public authority includes a corporation that is incorporated by or under an Act, but does not include— (a) a company within the meaning of the Corporations Act 2001 of the Commonwealth, or (b) a co-operative within the meaning of the Co-operatives National Law (NSW), or (c) an association incorporated under the Associations Incorporation Act 2009, or (d) a body prescribed by the regulations as not being a public authority for the purposes of this definition. Regulatory Authority—see section 61. rights—see clause 2 (1) of Schedule 1. special area means an area of land for the time being declared under this Act to be a special area. specified includes referred to. State Water Corporation means State Water Corporation as constituted by the State Water Corporation Act 2004 immediately before the repeal of that Act by this Act. Sydney catchment area means the declared catchment area known as the Sydney catchment area referred to in clause 17 of Schedule 2, as declared from time to time under this Act. water storages means dam walls, pumps and other works used for or with respect to the extraction, and storage, of— (a) water in rivers and lakes, and (b) water occurring naturally on the surface of the ground, and (c) sub-surface waters. works, in relation to Water NSW, includes— (a) any catchment infrastructure works, metering equipment, water storages and other water management works vested in or under the control of Water NSW, and (b) any other assets of Water NSW of a kind prescribed by the regulations. (2) In this Act, each of the following terms and expressions has the same meaning as in the Water Management Act 2000— estuary lake metering equipment river water management work water source water supply authority (3) Subject to subsections (1) and (2), words and expressions used in this Act have the same meanings as they have in the State Owned Corporations Act 1989. (4) Notes included in this Act do not form part of this Act.