New South Wales: Water Act 1912 (NSW)

Water Act 1912 No 44 An Act to consolidate the Acts relating to Water Rights, Water and Drainage, Drainage Promotion, and Artesian Wells. Part 1 Preliminary Division 1 General 1 Name of Act This Act may be cited as the Water Act 1912. 2 Repeal The Acts in Schedule 1 mentioned are, to the extent therein expressed, hereby repealed. 3 Savings (1) Any board constituted under the provisions of any Act hereby repealed, and being in existence at the time of the passing of this Act, shall be deemed to have been constituted under the provisions of this Act. (2) All persons appointed, employed, or elected under the provisions of any Act hereby repealed, and holding office at the time of the passing of this Act, shall be deemed to have been appointed, employed, or elected under the provisions of this Act. (3) All proclamations, regulations, and by-laws made under the provisions of any Act hereby repealed, and being in force at the time of the passing of this Act, shall be deemed to have been made under the provisions of this Act. (4) All licences granted under the provisions of any Act hereby repealed, and being in force at the time of the passing of this Act, shall be deemed to have been granted under the provisions of this Act. (5) All fees, rates, charges, and expenses payable, and all penalties incurred, under the provisions of any Act hereby repealed, shall be deemed to be payable and to have been incurred respectively under the corresponding provisions of this Act. (6) Any matter or thing duly done under the authority of any Act hereby repealed shall be deemed to have been duly done under the authority of this Act. 4 Definitions In this Act, except in so far as the context or subject-matter otherwise indicates or requires: Crown land has the same meaning as in the Crown Land Management Act 2016. environment includes any one or more of the following: (a) land, air and water, (b) any organic or inorganic matter and any living organism, (c) human-made or modified structures and areas, (d) interacting natural ecosystems that include components referred to in paragraphs (a) and (b). exercise a function includes perform a duty. function includes a power, authority or duty. Land district means land district proclaimed under the Crown Lands Consolidation Act 1913. Ministerial Corporation means the Water Administration Ministerial Corporation constituted by the Water Administration Act 1986. Prescribed means prescribed by any Part of this Act in which the expression occurs, or by any regulations under that Part. Secretary has the same meaning as in the Crown Land Management Act 2016. Western Division means that part of the State that is the Western Division within the meaning of the Crown Land Management Act 2016. 4A Inquiries and appeals—requirement to take certain matters into account (1) A judicial body is required, in carrying out any of its inquiry or appeal functions under this Act and in making any determination or recommendation with respect to any such inquiry or appeal, to take into account, and to have due regard to, the following matters: (a) any relevant policy that concerns the subject-matter of the inquiry or appeal and that is brought to the attention of the judicial body, (b) any State-wide water resource management objectives that are brought to the attention of the judicial body, (c) any relevant inter-government agreement, treaty or arrangement relating to the management, preservation or sharing of the State's water resources that is brought to the attention of the judicial body, (d) the state of water resources, and the state of the environment generally, at a local, regional and State-wide level as brought to the attention of the judicial body, (e) the impact that the judicial body's determination or recommendation could or might have: (i) on the allocation of water resources at a local, regional and State-wide level, and (ii) on other persons who are entitled to take and use water (apart from those to whom the inquiry or appeal relates), and (iii) on the state of water resources, and on the state of the environment generally, at a local, regional and State-wide level, and (iv) in relation to the management, protection and enhancement of the State's water resources. (2) In this section: judicial body means the Land and Environment Court, the Civil and Administrative Tribunal or a Magistrate. relevant policy means any governmental policy relating to the management, protection and enhancement of the State's water resources. (3) The Minister may certify, in writing, that a particular policy is, or was, a relevant policy in relation to a particular matter. The certificate is evidence of the relevant policy concerned. 4B–4F (Repealed) 4G Proceedings for offences (1) In this section, the Court means the Land and Environment Court. (2) Proceedings for an offence under this Act or the regulations made thereunder (not being an offence made punishable on indictment) may be taken before the Local Court, or before the Court in its summary jurisdiction. (3) If proceedings referred to in subsection (2) are taken before the Local Court, the maximum monetary penalty that may be imposed by the court is 200 penalty units or the maximum monetary penalty for the offence, whichever is the lesser. (4) If proceedings referred to in subsection (2) in respect of an offence are brought in the Court in its summary jurisdiction, the Court may impose a penalty not exceeding the maximum penalty provided by this Act or the regulations made thereunder in respect of the offence. (5) (Repealed) (6) Division 3 of Part 2 of the Criminal Procedure Act 1986 (which relates to the summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an offence under section 21. (7) Proceedings for an offence against this Act, or the regulations under this Act, may be commenced at any time within, but not later than, 3 years after the date on which the offence is alleged to have been committed. (8) Proceedings for an offence against this Act, or the regulations under this Act, may also be commenced at any time within, but not later than, 3 years after the date on which evidence of the alleged offence first came to the attention of any relevant authorised officer. (9) If subsection (8) is relied on for the purpose of commencing proceedings for an offence, the process by which the proceedings are commenced must contain particulars of the date on which evidence of the offence first came to the attention of any relevant authorised officer and need not contain particulars of the date on which the offence was committed. (10) The date on which evidence first came to the attention of any relevant authorised officer is the date specified in the process by which the proceedings are commenced, unless the contrary is established. (11) In this section: authorised officer has the same meaning as it has in the Water Management Act 2000. evidence of an offence means evidence of any act or omission constituting the offence. 4H Savings and transitional provisions Schedule 2 has effect. Division 2 Relationship with Environmental Planning and Assessment Act 1979—integrated development 4I Application of Division 2 This Division prevails to the extent of any inconsistency between this Division and any other provision of this Act. 4J Definitions In this Division: consent authority has the same meaning as in the Environmental Planning and Assessment Act 1979. development consent has the same meaning as in the Environmental Planning and Assessment Act 1979. integrated development has the same meaning as in the Environmental Planning and Assessment Act 1979. 4K Notice of applications (1) This section applies to the advertising or giving of notice of an application under section 11 (1) (and that subsection as applied by section 13A (3)), section 18G, section 20A (1) (and that subsection as applied by section 20CA (2) or section 20K (2)), section 113 (2) or section 169. (2) The advertising or giving of notice under a provision to which this section applies is not to be given of an application in respect of integrated development of which public notice has been given under the Environmental Planning and Assessment Act 1979. 4L Objectors rights of appeal (1) This section applies if, in relation to integrated development: (a) a consent authority has obtained the general terms of: (i) a licence proposed to be issued under section 10 in relation to the development, or (ii) a licence proposed to be issued under section 13A in relation to the development, or (iii) a permit proposed to be granted under section 18F in relation to the development, or (iv) an authority proposed to be issued under section 20B in relation to the development, or (v) an authority proposed to be issued under section 20CA in relation to the development, or (vi) a group licence proposed to be issued under section 20L in relation to the development, or (vii) a licence proposed to be granted under section 116 in relation to the development, or (viii) an approval proposed to be granted under Part 8 in relation to the development, or (b) the Ministerial Corporation fails to inform a consent authority, in accordance with the regulations under the Environmental Planning and Assessment Act 1979, whether or not it will grant or issue a licence, permit, authority, group licence or approval referred to in paragraph (a) or of the general terms of such a licence, permit, authority, group licence or approval, and the consent authority, after obtaining those general terms or after the failure to be informed, has granted development consent to the integrated development. (2) If this section applies: (a) a person has no right to make or lodge an objection under section 11 (2) or (2A) (or those subsections as applied by section 13A (3)), section 20A (1A) or (1B) (or those subsections as applied by section 20CA (2) or section 20K (2)) or section 170 (1), and (b) a public inquiry must not be directed to be held, or held or caused to be held, under section 11 (5), section 13A (4), section 20A (2), section 20CA (4) or section 114, and (c) a person has no right of appeal to the Land and Environment Court under section 11 (6), section 13A (4), section 20CA (4) or section 171AA (2), in respect of any matter relating to the licence, permit, authority, group licence or approval concerned. (3) Subsection (2) (c) does not affect a right of appeal to which an objector may be entitled under section 98 of the Environmental Planning and Assessment Act 1979. (4) In this section: person includes an applicant, occupier of land, local occupier, owner of land, Board of Management, authority, statutory authority and Ministerial Corporation. 4M Regulations The Governor may make regulations not inconsistent with this Division prescribing all matters that by this Division are required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying this Division into effect. Part 2 Water rights and works Division 1 Interpretation 5 Definitions (1) In this Part, except in so far as the context or subject-matter otherwise indicates or requires: Authority means an authority issued under Division 4 to construct and use a joint water supply scheme. Declared local area means an area declared by the Ministerial Corporation under subsection (4) to be a declared local area. Drainage includes the draining of flood or other waters of a river or lake by means of any work, and drainage work includes a work constructed or used for the above purposes. existing work means a work declared by the Ministerial Corporation under subsection (5) to be an existing work for the purposes of this Part. Group licence means a group licence issued under Division 4A. Group licence occupiers, in relation to a group licence, means all of the occupiers of lands to which water is supplied by means of a work in respect of which the group licence is held. irrigation corporation licence means an irrigation corporation water management works licence granted under the Irrigation Corporations Act 1994. Joint water supply scheme means any work to which this Part extends which: (a) is used or proposed to be used for the purposes of supplying water to the lands of two or more occupiers who are jointly utilising the work or who propose to utilise the work jointly (whether any of those occupiers has occupation of the site of the work or not), (b) is used or proposed to be used for the purpose of supplying water for irrigating the land or lands of any occupier or occupiers other than the land or lands of the occupier or occupiers of the site of the work, or (c) is used or proposed to be used (otherwise than pursuant to a licence granted before the commencement of the Water, Crown Lands and Other Acts (Amendment) Act 1970) for the purpose of supplying water for irrigating a holding (not being a riparian holding) or part thereof, where that water is, or is to be, conveyed wholly or partly by a work that is used or proposed to be used by any occupier or occupiers (not being the occupier or occupiers of the site of the work) for the purpose of conveying that water in accordance with a right conferred by this Part or pursuant to a licence, authority or permit. Lake includes a lagoon, swamp, or other collection of still water, whether permanent or temporary, not being water contained in an artificial work. Licence means a licence issued under Division 3. Licensee means the holder of a licence. Licensed work means a work in respect of which a licence is held under this Part. Local occupier, in relation to an application made under this Part, means an occupier of land which is wholly or partly situated within the same declared local area as the land on which the work the subject of the application is or is proposed to be situated, but does not include a statutory authority, statutory instrumentality or government department of any State other than the State of New South Wales or a Minister of the Crown for any State other than the State of New South Wales. Occupier, in relation to land, means: (a) the holder of any tenure of the land or, if it is shown that some other person is in actual occupation of the land, that other person, (b) where the land is a public road within the meaning of the Roads Act 1993—the council under that Act of the area in which the land is situated, or (c) where the land is the site of a work to which this Part extends and the work is proposed to be, or is being, constructed on behalf of such a council or is under the care and management of such a council—that council. Permit means a permit issued under Division 3B. River includes: (a) a stream of water, whether perennial or intermittent, flowing in a natural channel, or in a natural channel artificially improved, or in an artificial channel which has changed the course of the stream, (b) an affluent, confluent, branch or other stream of water into or from which a stream referred to in paragraph (a) flows, and (c) anything declared by the Ministerial Corporation by order published in the Gazette to be a river, but does not include anything declared by the Ministerial Corporation by order published in the Gazette as not being a river and, unless the regulations otherwise provide, does not include those waters of a tidal river that at any time are not capable of being used for irrigation or for watering stock. Statutory authority means a statutory authority, statutory instrumentality or government department of the State of New South Wales and includes a Minister of the Crown for the State of New South Wales. Water supply includes a supply for the carrying on of any industrial operation. Work includes any dam, lock, reservoir, weir, regulator, flume, race, channel (whether an artificial channel or a natural channel artificially improved), any cutting, well, excavation, tunnel, pipe, sewer, and any machinery and appliances. Work to which this Part extends means a work: (a) which is connected with, or which affects the quantity or use of water in, a river or lake, (a1) which impounds water and is within an area declared by the Ministerial Corporation by order published in the Gazette to be an area within which a work impounding water is a work to which this Part extends, whether or not it is a work referred to in paragraphs (a), (b) and (c), (b) which affects the quantity of water flowing in, to or from, or contained in, any such river or lake, or (c) in or through which flows, or is contained or used, water taken from any such river or lake, being a work which is used, or is to be used: (d) for water conservation, irrigation, water supply or drainage, or (e) (Repealed) (f) for changing the course of a river, or preventing the course of a river from changing, and includes an existing work or any other work (or class of work) declared by the Ministerial Corporation by order published in the Gazette to be a work to which this Part extends, but does not include: (g) a work declared under subsection (3) to be a work for urban drainage, or (h) a work (or class of work) declared by the Ministerial Corporation by order published in the Gazette as being a work to which this Part does not extend. (2) A reference in this Part to the holders of an authority shall be construed as a reference to the occupiers of the whole of the lands supplied with water obtained by means of a joint water supply scheme in respect of which an authority is in force and, where the supply work or conveying work that is the subject of the scheme is installed or constructed on other land, shall be construed as including a reference to the occupier of that other land, and a reference to a holder of an authority shall be construed as a reference to any one of those holders. (3) The Ministerial Corporation may, by notice published in the Gazette, declare any work, being a dam, an excavation, a channel (whether an artificial channel or a natural channel artificially improved), a cutting, a tunnel or a pipe, which is constructed in, or forms part of, a river referred to in the definition in subsection (1) of Work to which this Part extends to be a work for urban drainage and may, by a similar notice, revoke or amend that notice. (4) The Ministerial Corporation may, by order published in the Gazette: (a) declare any area to be a declared local area, (b) vary or revoke, whether as to the whole or any part, any such order, or (c) amend the boundaries of any declared local area. (5) The Ministerial Corporation may, by order published in the Gazette, declare any work that: (a) is used, or is capable of being used, for the purposes of water supply or water conservation, and (b) was constructed before 1 January 1999, and (c) was not, as at that date, a work in respect of which a licence, permit, authority or group licence was in force, to be an existing work for the purposes of this Part. (6) An order under subsection (5): (a) takes effect on the day it is published in the Gazette or such later date as may be specified in the order, and (b) may declare a work to be an existing work by reference to a specified class or classes of work, to a specified area, or to specified rivers or lakes or sections of rivers or lakes (or to any combination of those matters), and (c) may make provision for such transitional arrangements as are necessary in relation to the implementation of the order. Division 2 Rights of the Crown and of riparian proprietors 6, 7 (Repealed) 8 Rights of Crown in respect of works Where the Ministerial Corporation is, by its officers, servants, or agents, in occupation of a work to which this Part extends, the Ministerial Corporation shall, subject to the provisions of this Part, have the quiet enjoyment and sole and exclusive use of the said work and the water contained therein or conserved or obtained thereby as against all persons whomsoever, and shall be entitled to make such charges for the supply or use of the said water as may be prescribed. 9 Rights of occupiers of work to which this Part extends The right of the occupier of the site of any work to which this Part extends: (a) to construct or use the work for the purpose of water conservation, irrigation, or water supply, or drainage, or the prevention of flooding of land by water, or of changing the course of a river, or (b) to take, use, or dispose of the water contained therein, conserved, or obtained thereby, shall be subject to the provisions of this Part. Division 3 Licences 10 Application for licences (1) Any occupier of land whereon any work to which this Part extends (not being a joint water supply scheme) is constructed or used, or is proposed to be constructed or used, for the purpose of: (a) water conservation, irrigation, water supply, or drainage, or (b) (Repealed) (c) changing the course of a river, may apply to the Ministerial Corporation in the form prescribed for a licence to construct and use the said work, and to take and use for the purposes specified in the application the water, if any, conserved or obtained thereby, and to dispose of such water for the use of occupiers of land for any purpose. (1A) An application for a licence may be made under subsection (1) by a person who proposes to construct or use any such work as is referred to in that subsection subject to the person obtaining the right to occupy the site of the work, and for all purposes of or relating to such application such person shall be deemed to be an occupier: Provided that a licence shall not be issued upon any application made under the authority of this subsection unless and until the applicant has obtained the right to occupy the site of the work. (2) Except in the case of an application for a licence in respect of an existing work, the application shall be accompanied by the prescribed deposit as security for the cost of investigation and inquiry in connection with the application, and such deposit may be applied by the Ministerial Corporation in payment or part payment of the licence fee payable by the applicant. In the event of the applicant withdrawing or abandoning the application, such deposit or any part thereof may in the discretion of the Ministerial Corporation be retained by it. (3) An application for a licence for a work constructed or used or proposed to be constructed or used for the purpose of irrigation or water supply shall be accompanied by: (a) particulars as to the means (by gravitation pumping or otherwise) by which water is to be taken from the river or lake, (b) particulars of the maximum rate at which water may be taken from the river or lake, (c) particulars of the estimated quantity of water proposed to be taken annually, (d) particulars of the purpose or purposes for which the water is to be used, and (e) if the work is for the purpose of irrigation, particulars of the area and location of the land proposed to be irrigated, the class or classes of crops proposed to be grown thereon, the works proposed to be provided for the distribution of the water to the land to be irrigated and the work proposed to be undertaken in the preparation of such land for irrigation. 11 Notification of application for licence (1) On application being made for a licence under section 10, the Ministerial Corporation shall cause a notice containing particulars of the application to be advertised in the Gazette and in such other manner as the Ministerial Corporation is satisfied is likely to bring the notice to the attention of members of the public in the district where the work is or is proposed to be situated. (1A) Subsection (1) does not require the Ministerial Corporation to cause to be advertised a notice containing particulars of an application unless it is satisfied that the applicant occupies, or will obtain the right to occupy, the site of the work. (2) Where, at the time the application is made, the work is, or is proposed to be, situated within a declared local area, any: (a) local occupier, or (b) statutory authority, whose interests may be affected by the granting of the application may, within 28 days after the date of the publication of the later of the advertisements referred to in subsection (1), lodge with the Ministerial Corporation an objection thereto. (2A) Where, at the time the application is made, the work is not, or is not proposed to be, situated within a declared local area, any person whose interests may be affected by the granting of the application may, within 28 days after the date of the publication of the later of the advertisements referred to in subsection (1), lodge with the Ministerial Corporation an objection thereto. (2B) An objection referred to in subsection (2) or (2A) shall be in writing and shall specify the grounds of objection. (2C) If, after the application is advertised: (a) the applicant amends the application as advertised, and (b) in the opinion of the Ministerial Corporation the changes warrant the advertising of the application as amended, the Ministerial Corporation shall advertise the amended application in the manner referred to in subsection (1) and: (c) the provisions of this section shall apply to the amended application as if it were a new application, and (d) the application as originally made shall be deemed to be withdrawn. (3) (a) After the expiry of a period of twenty-eight days after the date of the publication of the later of such advertisements, the Ministerial Corporation shall decide whether the application should be granted or refused. (b) Where the decision of the Ministerial Corporation is that the application should be granted the Ministerial Corporation shall give the applicant notice of the period, terms, limitations and conditions proposed to be applied to the licence. (4) In any case where the decision of the Ministerial Corporation is that the application should be refused, the applicant shall be notified in writing of such decision and may, within ninety days from the date of such notification, appeal to the Land and Environment Court against such decision. The appeal shall be made as prescribed by rules of court of the Land and Environment Court and be accompanied by a fee of ten dollars as security for the costs of the appeal. Notice of appeal in the prescribed form shall be given by the appellant to the Ministerial Corporation upon the lodging of the appeal in the Land and Environment Court. Where the appeal is upheld the Land and Environment Court shall specify the period, terms, limitations and conditions (if any) to be applied to the licence. The decision of the Land and Environment Court upon any such appeal shall be final. (5) The Ministerial Corporation must apply to the Civil and Administrative Tribunal for an inquiry into: (a) if the Ministerial Corporation decides that an application for a licence should be granted but an objection has been lodged under subsection (2) or (2A)—the desirability of granting the application for a licence, or (b) if the applicant for a licence is dissatisfied with the decision of the Ministerial Corporation as to the period, terms, limitations or conditions proposed to be applied to the licence and has, within 28 days after notice has been given to the applicant in accordance with subsection (3), lodged with the Ministerial Corporation a written objection—the period, terms, limitations and conditions proposed to be applied to the licence. (6) The application for the inquiry must be made within 28 days after the relevant objection is received by the Ministerial Corporation. (6A) An inquiry by the Civil and Administrative Tribunal is to be: (a) notified by the Ministerial Corporation in the Gazette and in such other manner as the Ministerial Corporation is satisfied is likely to bring the holding of the inquiry to the attention of members of the public in the district where the work is or is proposed to be situated, and (b) by way of a hearing that is open to the public. (6B) In addition to the Ministerial Corporation and the applicant, the Civil and Administrative Tribunal is to permit such other persons or bodies as it considers have interests that may be affected by any matter to which the inquiry relates to make submissions to the inquiry. (6C) In determining the inquiry, the Civil and Administrative Tribunal is to: (a) in the case of an inquiry into the desirability of granting the application for a licence—determine whether the licence should be granted and, if so, the period, terms, limitations and conditions to be applied to the licence, or (b) in the case of an inquiry into the period, terms, limitations and conditions proposed to be applied to a licence—determine the period, terms, limitations and conditions to be applied to the licence. (6D) The Civil and Administrative Tribunal must ensure that a written statement of reasons (setting out the matters referred to in section 62 (3) of the Civil and Administrative Tribunal Act 2013) for its determination of an inquiry is: (a) provided to both the Ministerial Corporation and the applicant for the licence even if they have not requested that statement under section 62 of that Act, and (b) published on the website of the Tribunal. (7) This section is subject to section 11A. (8) Subsections (1)–(3) (a) do not apply to an application for a licence in respect of an existing work. 11A Determination of applications affected by reviews by Planning Assessment Commission (1) This section applies to any application under section 10 (other than an application in respect of an existing work) that concerns a work in respect of which the Planning Assessment Commission has given notice of a review under the Environmental Planning and Assessment Act 1979 to the Ministerial Corporation before the Ministerial Corporation makes its decision on the application under section 11 (3). (2) The Ministerial Corporation: (a) must refer to the Planning Assessment Commission: (i) the application (including any accompanying particulars referred to in section 10 (3)), and (ii) any objection to the granting of a licence that is duly lodged in connection with the application, whether the application or objection is made or lodged before or after the notice is received, and (b) must defer making any decision on the application under section 11 (3) until it receives the Commission's report under the Environmental Planning and Assessment Act 1979. (3) In making its decision on the application under section 11 (3), the Ministerial Corporation must have regard to the findings and recommendations contained in the Commission's report under the Environmental Planning and Assessment Act 1979. (4) The Ministerial Corporation's decision under section 11 (3) on the application is final, and the provisions of section 11 (4), (5) and (6) do not have effect in relation to that decision. (5) This section extends to applications made before the commencement of this section. (6) (Repealed) 12 Licence (1) (a) The Ministerial Corporation shall, where its decision is that an application for a licence should be granted and no objection has been lodged under section 11, issue a licence to the applicant in the prescribed form for such period and subject to such terms, limitations and conditions (if any) as may be determined by the Ministerial Corporation. (b) The Ministerial Corporation shall, in compliance with any decision of the Civil and Administrative Tribunal upon an inquiry held under section 11 (5) or of the Land and Environment Court upon appeal favouring the granting of an application for a licence or as to the period, terms, limitations and conditions to be applied to a licence, issue a licence to the applicant in the prescribed form for the period and subject to the terms, limitations and conditions set out in the decision of the Civil and Administrative Tribunal or the Land and Environment Court, as the case may be. (2) Notwithstanding the provisions of subsection (1): (a) no licence shall be issued pending any appeal, and (b) except in the case of an initial licence in respect of an existing work, a licence shall be issued only upon payment of a fee calculated in the manner and according to the scale prescribed by regulations under this Part, and (c) the Ministerial Corporation may, before granting a licence, require such alterations to be made to or in connection with the work, or to the plans and specifications of the work, as may be decided by the Ministerial Corporation where no inquiry is held by the Civil and Administrative Tribunal, or as may be set out in the decision of the Civil and Administrative Tribunal or the Land and Environment Court as the case may be. (2A) If an applicant fails to pay to the Ministerial Corporation within the time prescribed the fee payable upon the issue of the licence the Ministerial Corporation may at any time thereafter reject the application. Where an application is rejected under this subsection the deposit accompanying such application or any part of such deposit may, in the discretion of the Ministerial Corporation, be retained by it. (3) Except in the case of a licence granted to a Department of the State, Rail Corporation New South Wales, Sydney Metro, Sydney Trains, NSW Trains, Residual Transport Corporation of New South Wales, the Board of Fire Commissioners of New South Wales, or to a county council, or any board or joint committee in respect of works of water supply affecting more than one of such councils jointly, a council within the meaning of the Local Government Act 1993, or such other statutory body as may be prescribed, no licence shall be granted for a period that, except in such circumstances as may be prescribed, exceeds 10 years. 13 Application by two or more occupiers If two or more occupiers desire to construct or use any work to which this Part extends, they may apply for a licence in the manner prescribed for a single occupier, and such application will be dealt with as the application of a single occupier. 13A Application for licence by person who does not occupy land on which works are to be constructed (1A) This section does not apply to or in respect of an existing work. (1) Any occupier of land who desires to construct and use a work to which this Part extends (hereinafter in this section referred to as the supply work) for the purpose of domestic water supply, stock water supply or irrigation but does not occupy: (a) the land on which the occupier desires to construct the supply work, or (b) the whole of the land on which the occupier desires to construct works (hereinafter in this section referred to as the conveying works) to convey the water from the supply work to the land on which the occupier desires to use the water, and who cannot obtain occupation of the land required for the supply work or conveying works may apply to the Ministerial Corporation in the form prescribed for a licence to construct the supply work and to take and use for the purpose or purposes specified in the application the water, if any, obtained thereby. (2) The application shall be accompanied by: (a) the prescribed deposit as security for the cost of investigation and inquiry in connection with the application, and such deposit may be applied by the Ministerial Corporation in payment or part payment of the licence fee payable by the applicant. In the event of the applicant withdrawing or abandoning the application, such deposit or any part thereof may in the discretion of the Ministerial Corporation be retained by it, (b) the particulars set out in section 10 (3), (c) plans showing: (i) the location of the lands to be supplied with water in relation to the river or lake from which the water supply is to be obtained, and (ii) the lands on which the supply work is proposed to be constructed, including the location of that work and the lands on which the conveying works are proposed to be constructed, including the location of those works, (d) particulars of the supply work and the conveying works including all pipes, channels, regulators, flumes and other structures proposed to be constructed and used, and (e) particulars of the extent of the areas of lands, not occupied by the applicant, which are proposed to be used for the construction of the supply work and the conveying works (hereinafter in this section referred to as the intervening lands) and the names and addresses of the owners and occupiers of those lands. (3) The provisions of section 11 (1), (2), (2A), (2B), (2C), (3) (a) and (4) shall mutatis mutandis apply to an application under this section and to any appeal against the decision of the Ministerial Corporation that the application should be refused. Upon any such appeal the owners and occupiers of the intervening lands shall be permitted to attend and be heard in support of, or in opposition to, the granting of the application. (4) In any case where the decision of the Ministerial Corporation is that the application should be granted the Ministerial Corporation shall direct the Secretary or a Magistrate to hold a public inquiry as to the desirability of granting the application. The Ministerial Corporation shall notify the owners and occupiers of the intervening lands of the application and of the reference thereof to the Secretary or the Magistrate. The holding of the inquiry shall be notified in the Gazette and in such other manner as the Ministerial Corporation is satisfied is likely to bring the holding of the inquiry to the attention of members of the public in the district where the supply work is or is proposed to be situated. The Ministerial Corporation, the owners and occupiers of the intervening lands and: (a) where, at the time the application is made, the supply or conveying works are, or are proposed to be, situated within a declared local area, any: (i) local occupier, or (ii) statutory authority, whose interests may be affected by the granting of the application, or (b) where, at the time the application is made, the supply or conveying works are not, or are not proposed to be, situated within a declared local area, any person whose interests may be affected by the granting of the application, shall be permitted to attend at the inquiry and be heard in support of, or in opposition to, the granting of the application. The Secretary or Magistrate, as the case may be, holding the inquiry shall announce its or his or her decision in open court and shall thereupon report in writing upon the inquiry to the Ministerial Corporation. Where the decision of the Secretary or Magistrate is in favour of the granting of the application the Secretary or Magistrate, as the case may be, shall also make recommendations to the Ministerial Corporation with respect to the terms, limitations and conditions which should be applied to the licence including the occupancy and use by the licensee of the intervening lands, the payments (if any) to be made in respect of such occupancy and use, and the construction, use and maintenance of the supply work and conveying works. On receipt of the report of the Secretary or Magistrate the Ministerial Corporation, shall determine the terms, limitations and conditions to be applied to the licence. The decision of the Secretary or Magistrate as to the desirability or otherwise of granting the application shall be notified by the Ministerial Corporation to the applicant and to the owners and occupiers of the intervening lands and to any person who attended at the inquiry by the Secretary or Magistrate and was heard in support of or in opposition to the granting of the application. Where such decision is in favour of the granting of the application the Ministerial Corporation shall in such notification include the terms, limitations and conditions to be applied to the licence. The applicant or any owner or occupier of the intervening lands or any person who attended at the inquiry and was heard as aforesaid may, within twenty-eight days after the posting to the applicant, owner or occupier of the Ministerial Corporation's notification, appeal to the Land and Environment Court against the decision of the Secretary or Magistrate or the determination of the Ministerial Corporation of the terms, limitations and conditions to be applied to the licence. The decision of the Court shall be final. The appeal shall be made as prescribed by rules of court of the Land and Environment Court and be accompanied by a fee of ten dollars as security for the costs of the appeal. Notice of appeal in the prescribed form shall be given by the appellant to the Ministerial Corporation upon the lodging of the appeal in the Land and Environment Court. (5) An application for a licence under this section shall not be granted unless the Secretary, Magistrate, Land and Environment Court or Ministerial Corporation, as the case may be, is satisfied that: (a) it is not reasonably practicable for the applicant to obtain or make provision for a supply of water on the land on which the applicant desires to use the water adequate for the purpose or purposes specified in such application otherwise than in pursuance of a licence granted under this section, and (b) the land on which it is desired to use the water is reasonably fitted for such purpose or purposes, and (c) the interests of riparian occupiers will not be unreasonably affected by the granting of such application. (6) The Ministerial Corporation shall in compliance with any decision of the Secretary or Magistrate upon an inquiry held under subsection (4) or of the Land and Environment Court upon appeal favouring the granting of an application for a licence issue a licence to the applicant in the prescribed form for the period set out in the decision of the Secretary or Magistrate or the Land and Environment Court, as the case may be, and subject to the terms, limitations and conditions determined by the Ministerial Corporation or set out in the decision of the Land and Environment Court, as the case may be. No licence shall be issued under this subsection pending any appeal. A licence under this section shall be issued only upon payment of a fee calculated in the manner and according to the scale prescribed by regulations under this Act. If the applicant fails to pay to the Ministerial Corporation within the time prescribed the fee payable upon the issue of the licence, the Ministerial Corporation may at any time thereafter reject the application. Where an application is rejected under this subsection the deposit accompanying such application or any part of such deposit may, in the discretion of the Ministerial Corporation, be retained by it. (7) Upon the issue of a licence under this section the licensee may, during the currency of the licence, enter, occupy and use, subject to the terms, limitations and conditions applied to the licence, the intervening lands set out in the licence for the purpose of constructing, using and maintaining the supply work and the conveying works. In the event of the licence lapsing or being cancelled, the licensee's right thereunder to enter, occupy and use the intervening lands shall, subject to the provisions of subsection (9), terminate. (8) In the event of the licensee failing to comply with any of the terms, limitations or conditions of the licence relating to entry upon, occupancy or use of the intervening lands, the Ministerial Corporation shall, on being satisfied as to such failure, cancel the licence. (8A) For the purpose of subsections (7) and (8) licensee includes servants and agents of the licensee. (9) For the purposes of sections 21B and 22 any person who was, immediately before the lapse or cancellation of the licence, the holder of a licence issued under this section shall be deemed to be the occupier of the intervening lands set out in such licence. 13AA Amended licences (1) The holder of a licence who wishes to reduce the area authorised to be irrigated under the licence, the capacity of the work or the quantity of water which may be taken and used under the licence may apply to the Ministerial Corporation for an amended licence. (2) An application made under subsection (1) shall specify the proposed reduced area to be irrigated, the proposed reduced capacity of the work or the proposed reduced quantity of water to be taken and used. (3) On receipt of an application made under subsection (1), the Ministerial Corporation shall, without requiring payment of any fee, issue to the applicant, in substitution for the applicant's existing licence, an amended licence for the unexpired portion of the period for which, and subject to the same terms, limitations and conditions as those subject to which, that existing licence was issued, except that the amended licence shall be in respect of the reduced area, the reduced capacity of the work or, as the case may be, the reduced quantity of water specified in the application. 13B Ministerial Corporation may prescribe maximum areas etc for which water may be appropriated for irrigation (1) In respect of any river, including tributaries thereto and effluents therefrom, or any section of a river, including tributaries thereto and effluents therefrom, or any lake, the Ministerial Corporation may from time to time prescribe: (a) the maximum area of land within the holding of any occupier for the irrigation of which water may be taken under a licence, (b) the maximum area of any class of crops or plantings within the holding of any occupier for which water may be taken under a licence, (c) the maximum quantity of water per hectare of any class of crops or plantings which may be taken for irrigation under a licence during any period of twelve months commencing on the first day of July. (2) Where a prescription has been made under the provisions of subsection (1) a licence shall not be granted in respect of any work, for the taking of water from the river, or section of the river, or lake covered by the prescription, for: (a) the irrigation of a greater area of land or a greater area of any class of crops or plantings, or (b) the taking of a greater quantity of water, than that prescribed. (3) The Ministerial Corporation may, when renewing a licence, under which an area of land or of any class of crops or plantings could be irrigated in excess of the maximum area prescribed under the provisions of subsection (1), or under which a quantity of water per hectare of any class of crops or plantings may be taken in excess of the maximum quantity prescribed under the provisions of subsection (1), renew the licence for the irrigation of that maximum area or quantity of water only, or renew the licence subject to a condition that the area of land or of any class of crops or plantings which could be irrigated under the licence shall be progressively reduced to the said maximum area within a period not exceeding five years. 13C Ministerial Corporation may refuse to grant certain applications for licences (1) The Ministerial Corporation may refuse to grant any application for a licence for the purpose of irrigating grasses or pastures other than sown grasses or improved pastures. (2) The Ministerial Corporation may refuse to grant any application for a licence if it is not satisfied with the proposals for the construction of the works in regard to nature, class or form, or with the work proposed to be undertaken by any applicant in the preparation of the land for irrigation. (3) Notwithstanding any provision contained in this Part a decision of the Ministerial Corporation to refuse an application under the provisions of subsection (1) or subsection (2) shall be final and shall not be subject to appeal. (4) The Ministerial Corporation may when renewing a licence, under which water has been used for the purpose of irrigating grasses or pastures other than sown grasses or improved pastures, renew the licence subject to a condition that the irrigation of such grasses or pastures shall be discontinued either forthwith or progressively within a specified period not exceeding five years. (5) The Ministerial Corporation may, when renewing a licence in respect of a work used for the purpose of irrigation and such work is, in the opinion of the Ministerial Corporation, of such nature, class or form, as to cause undue wastage of water by the filling of depressions, lakes or swamps, or the design of the work, or the failure of the holder of the licence to maintain the work or any part of it in good order and condition warrants the Ministerial Corporation so doing, renew the licence subject to a condition that the work shall be altered in design or form or repaired to the satisfaction of the Ministerial Corporation, or that additional works shall be provided within a specified period not exceeding two years. In any case where the alterations, repairs or additions are, in the opinion of the Ministerial Corporation, so extensive as to warrant such action, the Ministerial Corporation may grant an extension of time for completion of such alterations, repairs or additions not exceeding three years. 13D Water not to be taken until works have been completed The holder of a licence granted for the purpose of irrigation or water supply shall not, except with the permission in writing of the Ministerial Corporation, take water from a river or lake by means of any work covered by the licence until the whole of the works covered by the licence have been constructed or provided. 13E (Repealed) 13F Ministerial Corporation may cancel licence if work not used for three years In any case where the work covered by a licence has not been used for a period of three years or more the Ministerial Corporation may give the holder of the licence notice by registered letter addressed to the holder at the holder's address last known to the Ministerial Corporation that after the expiration of a period specified in the notice the licence will be cancelled. At the expiration of the period mentioned in the notice, the licence shall be deemed to be cancelled unless the Ministerial Corporation shall have annulled or withdrawn the notice in the meantime. 14 Renewal (1) Subject to the provisions of this Part with regard to the renewal of licences, a licence may be renewed from time to time by the Ministerial Corporation on the application of the licensee or of the owner of the land upon which the licensed work is situated and payment of the prescribed fee. Such application shall be made before the licence expires but the Ministerial Corporation may deal with an application even if it is lodged later. (1A) Pending consideration of the application by the Ministerial Corporation or the decision of the Land and Environment Court on appeal the licence shall not lapse, but should the required fee be not paid within the prescribed time or the application be not granted, the licence shall lapse. (1B) No renewal, except in respect of a licence granted to a Department of the State, the Rail Corporation New South Wales, Sydney Metro, Sydney Trains, NSW Trains, Residual Transport Corporation of New South Wales, the Board of Fire Commissioners of New South Wales, or to a county council, or any board or joint committee in respect of works of water supply affecting more than one of such councils jointly, a council within the meaning of the Local Government Act 1993, or such other statutory body as may be prescribed, shall be for a period that, except in such circumstances as may be prescribed, exceeds 10 years. (1C) An application for renewal of a licence for a work constructed or used for the purpose of irrigation or water supply shall be accompanied by: (a) particulars of the maximum rate at which water may be taken from the river or lake by means of the licensed work, (b) particulars of the estimated quantity of water proposed to be taken annually, (c) particulars of the purpose or purposes for which the water is to be used, and (d) if the work is for the purpose of irrigation, particulars of the area and location of the land being irrigated and the class or classes of crops to be grown thereon. (1D) Where the Ministerial Corporation deals with an application for renewal lodged after the licence expires, subsection (1A) has effect as if the application had been under consideration since before the expiration of the licence. (2) Where the Ministerial Corporation decides that the application for the renewal of a licence shall not be granted, or that the renewal of a licence shall be subject to a period, terms, limitations and conditions differing from those which were previously attached to the licence, the applicant shall within twenty-eight days after the posting to the applicant by the Ministerial Corporation of a notification of the refusal of the application, or of particulars of such period, terms, limitations and conditions, as the case may be, have the right of appeal to the Land and Environment Court against the decision of the Ministerial Corporation. the decision of the Court shall be final. The appeal shall be made as prescribed by rules of Court and be accompanied by a fee of ten dollars as security for the costs of the appeal. Notice in the prescribed form of appeal shall be given by the appellant to the Ministerial Corporation with the lodging of the appeal in the Court. (2A) Where the Ministerial Corporation decides that the application for the renewal of a licence issued under section 13A shall be granted the Ministerial Corporation shall notify the owners and occupiers of the intervening lands set out in the licence of such decision and of the period, terms, limitations and conditions to be attached to the renewal of the licence, and any such owner or occupier may, within twenty-eight days after the posting to the owner or occupier of such notification, lodge with the Ministerial Corporation an objection to the Ministerial Corporation's decision to grant the application or to the said period, terms, limitations and conditions. Every such objection shall be in writing and shall specify the grounds of objection. Where an objection has been lodged under the provisions of this subsection the application shall be dealt with in the manner provided in section 13A (4) for an application for a licence. (3) Subject to the said right of appeal a renewal of a licence may be subject to such terms, limitations and conditions as the Ministerial Corporation deems expedient in the public interest, and, without prejudice to the generality of the foregoing provisions of this subsection, such terms, limitations and conditions may include: (a) a limitation or reduction of the area of land which may be irrigated by water obtained by the licensed work, (b) a provision allowing any alteration in the licensed work which does not increase the quantity of the water conserved or obtained thereby. (3A) Notwithstanding the provisions of subsections (2) and (3) an applicant shall have no right of appeal: (a) where the reduction of the area of land or of any class of crops or plantings which may be irrigated by water obtained by the licensed work or the reduction of the quantity of water which may be taken by the licensed work is imposed by the operation of section 13B (3), or (b) against the decision of the Ministerial Corporation whereby conditions are applied to the renewal of a licence under the provisions of section 13C (4) and (5). (4) This section shall apply to and in respect of licences granted or renewed before the commencement of the Water (Amendment) Act 1936, as well as to licences granted or renewed after such commencement. (5) Unless the appellant and the Ministerial Corporation otherwise agree any appeal under this section shall (subject to the concurrence of the Land and Environment Court) be heard at such venue as in the opinion of the Court is as near as conveniently may be to the site of the work in respect of which such appeal has been lodged as aforesaid. 14A Fees For the purposes of sections 12, 13A and 14 different fees may be prescribed differentiating according to the class of the work, the object or purpose of the work, and the river or lake on which it is situate: Provided that in case of a work carried out by a public authority as prescribed with the object of conferring public benefit or securing district development a licence may, in the discretion of the Ministerial Corporation, be issued and renewed at a nominal fee. 14B (Repealed) 15 Separate applications A separate application for a licence or a group licence may be required by the Ministerial Corporation in respect of each work except in such cases where, in the opinion of the Ministerial Corporation, two or more works form a combined work, and the determination as to what works may be included as a combined work in an application for a licence or a group licence shall rest with the Ministerial Corporation. 16 Benefit of licence (1) A licence (other than a licence for a work constructed or used or proposed to be constructed or used for the purpose of irrigation or water supply) shall, except where the licence otherwise specifically provides: (a) be deemed to be held by, and (b) operate and enure for the benefit of, the lawful occupier for the time being of the land on which the licensed work is constructed or used or is proposed to be constructed or used. (2) A licence for a work constructed or used or proposed to be constructed or used for the purpose of irrigation or water supply shall, except where the licence otherwise specifically provides: (a) be deemed to be held by, and (b) operate and enure for the benefit of, the lawful occupier for the time being of: (c) the land which is or is to be supplied with water by means of the licensed work, and (d) the land on which the licensed work is constructed or used or is proposed to be constructed or used. (3) This section is subject to section 22D. 17 Rights of holder of licence or group licence Subject to the provisions of this Part, or the regulations hereunder, the person holding a licence or group licence under this Part in respect of any work shall have absolutely, during the person's lawful occupation of the work, so far only as the said work is constructed or maintained on the land occupied by the person, the quiet enjoyment and the sole and exclusive use of the work as against all other persons whomsoever, including the Crown and the Ministerial Corporation, and shall be entitled to take, use, and dispose of any water contained therein or conserved or obtained thereby to the extent and in respect of the land, and in the manner specified in the licence or group licence. 17A Revocation or suspension etc of licence (1) If at any time during the currency of a licence the Ministerial Corporation is satisfied that: (a) the holder of the licence has conserved, diverted, taken or used any quantity of water in excess of the quantity authorised by the licence, (b) any land has been irrigated as to an area in excess of that authorised by the licence, (c) the holder of the licence has used the licensed work for a purpose other than that authorised by the licence, (d) the holder of the licence has contravened or failed to comply with any of the terms, limitations or conditions to which the licence is subject, (e) any water diverted, taken or used by the holder of the licence is not being beneficially used or is being wasted, or (f) beneficial use is not being made of the licensed work, the Ministerial Corporation may serve on the holder of the licence a notice that, after the expiration of a period specified in the notice, the licence will be revoked, suspended or modified as indicated in the notice, and where any such notice is served, unless the Ministerial Corporation annuls or withdraws the notice before the expiration of the period so specified, the licence shall, on the expiration of that period, be deemed to be revoked, suspended or modified, as the case may be. (2) If in the opinion of the Ministerial Corporation there are circumstances which render it necessary or expedient: (a) that any licence should be suspended or modified, (b) that the quantity of water authorised to be taken under any licence be reduced, or (c) that a right held under any licence for the taking of water for any purpose from a river, lake or section of a river should be restricted or suspended, the Ministerial Corporation may serve on the holder of the licence a notice to that effect, and where any such notice is served, the licence shall be deemed to be suspended or modified, or the quantity of water reduced or, as the case may be, the right restricted or suspended, according to the tenor of the notice. (3) If the Ministerial Corporation is satisfied that the holder of a licence has failed to comply with the terms of a notice served by the Ministerial Corporation whereby: (a) the licence has been modified, (b) the quantity of water authorised to be taken under the licence has been reduced, or (c) a right held under the licence for the taking of water for any purpose from a river, lake or section of a river has been restricted or suspended, the Ministerial Corporation may serve on the holder of the licence a notice that, after the expiration of a period specified in the notice, the licence will be suspended, and where any such notice is served, unless the Ministerial Corporation annuls or withdraws the notice before the expiration of the period so specified, the licence shall, on the expiration of that period, be deemed to be suspended. (4) Service of a notice under this section may be effected on the holder of a licence: (a) by delivering the notice to the holder personally, (b) by leaving the notice with any person apparent