New South Wales: Water Management Act 2000 (NSW)

Water Management Act 2000 No 92 An Act to provide for the protection, conservation and ecologically sustainable development of the water sources of the State, and for other purposes. Chapter 1 Preliminary 1 Name of Act This Act is the Water Management Act 2000. 2 Commencement (1) This Act commences on a day or days to be appointed by proclamation. (2) Different days may be appointed for the commencement of a single provision of Schedule 7 or 8 for the purpose of commencing the repeals or amendments effected by the provision on different days. (3) Schedule 13A commences on a day or days to be appointed by proclamation. 3 Objects The objects of this Act are to provide for the sustainable and integrated management of the water sources of the State for the benefit of both present and future generations and, in particular— (a) to apply the principles of ecologically sustainable development, and (b) to protect, enhance and restore water sources, their associated ecosystems, ecological processes and biological diversity and their water quality, and (c) to recognise and foster the significant social and economic benefits to the State that result from the sustainable and efficient use of water, including— (i) benefits to the environment, and (ii) benefits to urban communities, agriculture, fisheries, industry and recreation, and (iii) benefits to culture and heritage, and (iv) benefits to the Aboriginal people in relation to their spiritual, social, customary and economic use of land and water, (d) to recognise the role of the community, as a partner with government, in resolving issues relating to the management of water sources, (e) to provide for the orderly, efficient and equitable sharing of water from water sources, (f) to integrate the management of water sources with the management of other aspects of the environment, including the land, its soil, its native vegetation and its native fauna, (g) to encourage the sharing of responsibility for the sustainable and efficient use of water between the Government and water users, (h) to encourage best practice in the management and use of water. 4 Interpretation (1) Words and expressions that are defined in the Dictionary at the end of this Act have the meanings set out in that Dictionary. (1A) A word or expression (not being a word or expression defined in the Dictionary to this Act) that is used in this Act and that is defined in the Real Property Act 1900 has the same meaning in this Act in relation to an access licence (or holding in an access licence) or dealing in such a licence (or holding) as it has in that Act in relation to land or an estate or interest in land. (1B) Subsection (1A) applies except in so far as the context or subject-matter otherwise indicates or requires. (2) Notes in the text of this Act do not form part of this Act. 4A Meaning of "overland flow water" (1) In this Act, overland flow water means water (including floodwater, rainfall run-off and urban stormwater) that is flowing over or lying on the ground as a result of— (a) rain or any other kinds of precipitation, or (b) rising to the surface from underground, or (c) any other process or action of a kind prescribed by the regulations. (2) Water is flowing over the ground for the purposes of subsection (1) even if it flows over the ground by means of artificial structures such as roads, canals or road gutters. (3) However, subsection (1) does not include— (a) water that is collected from a roof (including water collected from a roof using a rainwater tank), or (b) water that is flowing over or lying on the bed of a river, lake or estuary, or (c) water flowing over or lying on the ground in such circumstances as may be prescribed by the regulations. Chapter 2 Water management planning Part 1 General Division 1 Water management principles 5 Water management principles (1) The principles set out in this section are the water management principles of this Act. (2) Generally— (a) water sources, floodplains and dependent ecosystems (including groundwater and wetlands) should be protected and restored and, where possible, land should not be degraded, and (b) habitats, animals and plants that benefit from water or are potentially affected by managed activities should be protected and (in the case of habitats) restored, and (c) the water quality of all water sources should be protected and, wherever possible, enhanced, and (d) the cumulative impacts of water management licences and approvals and other activities on water sources and their dependent ecosystems, should be considered and minimised, and (e) geographical and other features of Aboriginal significance should be protected, and (f) geographical and other features of major cultural, heritage or spiritual significance should be protected, and (g) the social and economic benefits to the community should be maximised, and (h) the principles of adaptive management should be applied, which should be responsive to monitoring and improvements in understanding of ecological water requirements. (3) In relation to water sharing— (a) sharing of water from a water source must protect the water source and its dependent ecosystems, and (b) sharing of water from a water source must protect basic landholder rights, and (c) sharing or extraction of water under any other right must not prejudice the principles set out in paragraphs (a) and (b). (4) In relation to water use— (a) water use should avoid or minimise land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity and, where possible, land should be rehabilitated, and (b) water use should be consistent with the maintenance of productivity of land in the long term and should maximise the social and economic benefits to the community, and (c) the impacts of water use on other water users should be avoided or minimised. (5) In relation to drainage management— (a) drainage activities should avoid or minimise land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity and, where possible, land should be rehabilitated, and (b) the impacts of drainage activities on other water users should be avoided or minimised. (6) In relation to floodplain management— (a) floodplain management must avoid or minimise land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity and, where possible, land must be rehabilitated, and (b) the impacts of flood works on other water users should be avoided or minimised, and (c) the existing and future risk to human life and property arising from occupation of floodplains must be minimised. (7) In relation to controlled activities— (a) the carrying out of controlled activities must avoid or minimise land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity and, where possible, land must be rehabilitated, and (b) the impacts of the carrying out of controlled activities on other water users must be avoided or minimised. (8) In relation to aquifer interference activities— (a) the carrying out of aquifer interference activities must avoid or minimise land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity and, where possible, land must be rehabilitated, and (b) the impacts of the carrying out of aquifer interference activities on other water users must be avoided or minimised. Division 2 State Water Management Outcomes Plan and water source classification 6 State Water Management Outcomes Plan (1) The Governor may, by order published in the Gazette, establish a State Water Management Outcomes Plan for the development, conservation, management and control of the State's water resources in furtherance of the objects of this Act. (2) The objects of a State Water Management Outcomes Plan are as follows— (a) to set the over-arching policy context, targets and strategic outcomes for the management of the State's water sources, having regard to— (i) relevant environmental, social and economic considerations, and (ii) the results of any relevant monitoring programs, (b) to promote the water management principles established by this Act, (c) to give effect to any State government policy statement in relation to salinity strategies. (3) The State Water Management Outcomes Plan must be consistent with— (a) government obligations arising under any inter-governmental agreement to which the government is a party, such as the Murray-Darling Basin Agreement set out in Schedule 1 to the Water Act 2007 of the Commonwealth, and (b) government obligations arising in connection with any international agreement to which the government of the Commonwealth is a party, and (c) State government policy, including State government policy in relation to the environmental objectives for water quality and river flow. (4) For the purposes of this section, State government policy includes such matters as are declared by the regulations to be State government policy. (5) The regulations may make provision for or with respect to the public consultation procedures to be complied with in relation to the establishment or amendment of a State Water Management Outcomes Plan. (6) A State Water Management Outcomes Plan has effect for the period of 5 years commencing on the date on which it is published in the Gazette. 7 Classification of water sources (1) The Minister may, by order published in the Gazette, classify water sources for the purposes of this Act. (2) Such an order may only be made with the concurrence of the Minister for the Environment. (3) Water sources are to be classified as follows— (a) as to the extent to which they are at risk (that is, the extent to which harm to the water source or its dependent ecosystems is likely to occur), (b) as to the extent to which they are subject to stress (that is, the extent to which harm to the water source or its dependent ecosystems has occurred or is occurring), (c) as to the extent of their conservation value (that is, the extent to which their intrinsic value merits protection from risk and stress). (4) It is the intention of Parliament that, within 12 months after the date of assent to this Act— (a) the water sources of the State be classified in accordance with this section, and (b) bulk access regimes be established for such of those water sources as are classified high risk, high stress or high conservation value. (5) A bulk access regime referred to in subsection (4) (b) is to be established by means of a Minister's plan made, in the case of a water source that is within a water management area for which a management committee has been established, in consultation with that committee. (6) A bulk access regime referred to in subsection (4) (b) has effect for 10 years from the date on which it is established, but may be varied under section 45 as if it had been established by a management plan, in which case section 87 applies accordingly. (7) The regulations may prescribe rules in accordance with which water sources are to be classified for the purposes of this Act. 8 Environmental water (1) For the purposes of this Act, environmental water comprises the following— (a) water that is committed by management plans for fundamental ecosystem health or other specified environmental purposes, either generally or at specified times or in specified circumstances, and that cannot to the extent committed be taken or used for any other purpose (planned environmental water), (b) water (licensed environmental water) that is— (i) committed by an adaptive environmental water condition under section 8B, 8C, 8D or 63B, or (ii) taken or permitted to be taken under a licence of an environmental subcategory, or (iii) taken or permitted to be taken under a licence of a class prescribed by the regulations for the purposes of this paragraph. (1A) A management plan is to commit water as planned environmental water in at least 2 of the following ways (whether by 2 separate ways or a combination of 2 ways)— (a) by reference to the commitment of the physical presence of water in the water source, (b) by reference to the long-term average annual commitment of water as planned environmental water, (c) by reference to the water that is not committed after the commitments to basic landholder rights and for sharing and extraction under any other rights have been met. (2) A management plan must contain provisions for the identification, establishment and maintenance of planned environmental water (environmental water rules). The environmental water rules relating to a water source do not need to specify that a minimum quantity of water is required to be present in the water source at all times. (3) Environmental water rules are to be established for all of the water sources in the State as soon as practicable after the commencement of this section. (4) (Repealed) 8A Planned environmental water (1) The Minister may cancel any category or subcategory of licence prescribed by the regulations that is held by the Minister and commit an equivalent amount of water as determined in accordance with the management plan as planned environmental water for the water source to which the licence related. (2) Planned environmental water committed under this section is to be used for only those purposes specified in the relevant management plan. (3) Sections 78, 78A and 87 do not apply to the cancellation of an access licence under this section. 8B Adaptive environmental water through dedication of existing water entitlements (1) The holder of an access licence may request that the Minister impose an adaptive environmental water condition in respect of the whole or a part of the access licence. (2) A condition imposed under this section may be amended, and is to be revoked, by the Minister at the request in writing of the holder of the access licence, except as provided by the regulations. 8C Adaptive environmental water through system improvements (1) The Minister may grant an access licence of a category or subcategory determined by the Minister to the Minister, Local Land Services or another public body, without the need for an application to be made for the licence in accordance with Part 2 of Chapter 3, so long as— (a) works or other actions result in water savings in the system being made in the water source in respect of which the licence is granted, and (b) the share component of the licence is equivalent to the value of water savings in the system made, and (c) an adaptive environmental water condition is imposed on the licence. (2) In this section, system means that part of a water source to which a management plan applies that is not identified by the plan for commitments to basic landholder rights and for sharing and extraction under any other rights. 8D Adaptive environmental water conditions after surrender of licences (1) The Minister may keep an access licence surrendered by the holder of the licence or transfer it to Local Land Services or another public body, and may change the licence to a different category or subcategory, if— (a) the share component of the licence is equivalent to the share component of the surrendered licence (subject to the application of any conversion factor prescribed by the access licence dealing principles or the regulations), and (b) an adaptive environmental water condition is or has been imposed on the licence. (2) The Minister may cancel an access licence surrendered by the holder of the licence and transfer the share component of the surrendered licence (subject to the application of any conversion factor prescribed by the access licence dealing principles or the regulations) to another licence if an adaptive environmental water condition is or has been imposed on the licence. 8E General provisions relating to access licences with adaptive environmental water conditions (1) This section applies to access licences that are subject to an adaptive environmental water condition. (2) For the purposes of this Act (but subject to section 8B (2)), an adaptive environmental water condition is a mandatory condition. (3) The terms of an adaptive environmental water condition imposed in respect of an access licence are to further the objectives of the relevant management plan. (4) If the adaptive environmental water condition on an access licence requires the water to be left in the water source for environmental purposes, then the water allocation account is to be debited when the water is available in accordance with the condition. (5) If the adaptive environmental water condition requires the environmental water to be taken from the water source then the water allocation account is to be debited when it is taken. (6) (Repealed) (7) Before imposing an adaptive environmental water condition on an access licence, the Minister is to approve a plan for the implementation of the condition. (8) The Minister is to ensure that the plan referred to in subsection (7), and a requirement to comply with the plan, forms part of the adaptive environmental water condition. (9) An access licence to which this section applies, or a part of such a licence to which the adaptive environmental water condition concerned is expressed to relate, may be the subject of a dealing in accordance with this Act if the plan approved under subsection (7) so provides. 8F Auditing of compliance with extraction limits (1) This section applies for the purpose of auditing compliance with the long-term extraction limit (however expressed) under a management plan. (2) The long-term extraction limit is taken to be varied by the amount of any change to the amount of water committed as licensed environmental water. (3) The variation in the long-term extraction limit is to be determined in accordance with a methodology approved by the Minister and published in the Gazette. (4) To avoid doubt, water savings in a system (within the meaning of section 8C) are not to be taken into account when determining the variation. (5) Water committed as licensed environmental water is not to be accounted for as extraction. Division 3 General 9 Act to be administered in accordance with water management principles and State Water Management Outcomes Plan (1) It is the duty of all persons exercising functions under this Act— (a) to take all reasonable steps to do so in accordance with, and so as to promote, the water management principles of this Act, and (b) as between the principles for water sharing set out in section 5 (3), to give priority to those principles in the order in which they are set out in that subsection. (2) It is the duty of all persons involved in the administration of this Act to exercise their functions under this Act in a manner that gives effect to the State Water Management Outcomes Plan. 10 Review of work and activities of Department (1) The Minister is to ensure that the work and activities of the Department are reviewed at intervals of not more than 5 years for the purpose of determining whether they have been effective in giving effect to the water management principles of this Act and the State Water Management Outcomes Plan. (2) The results of each review under this section are to be included in the relevant annual reporting information prepared for the Department under the Government Sector Finance Act 2018. Part 2 Management committees 11 Constitution of water management areas (1) The Minister may, by order published in the Gazette, constitute any land as a water management area. (2) An order under this section must name the area and fix its boundaries. 12 Establishment of management committees (1) The Minister may, by order published in the Gazette— (a) establish a management committee to carry out a specific task in relation to water management in a water management area, and (b) set terms of reference in accordance with which the committee is to carry out that task. (2) The task for which a management committee is appointed may relate to any aspect of water management, including (without limitation) water sharing, water source protection, floodplain management and drainage management. (3) At any time the Minister may, by order published in the Gazette, abolish a management committee, and may do so whether or not it has completed the task for which it was established. (4) Nothing in this section prevents the establishment of two or more committees for the same water management area so long as they do not have overlapping functions. 13 Membership of committee (1) A management committee consists of at least 12, but not more than 20, members appointed by the Minister, of whom— (a) at least two are to be persons appointed to represent the interests of environmental protection groups, and (b) at least two are to be persons appointed to represent the interests of water user groups, and (c) at least two are to be persons appointed to represent the interests of local councils, and (d) at least one is to be a person nominated by Local Land Services, and (e) at least two are to be Aboriginal persons appointed to represent the interests of Aboriginal persons, and (f) at least one is to be a member of staff of the Department, and (g) at least one is to be a person nominated by the Minister for the Environment, and (h) such other persons as are appointed to represent such interests as the Minister considers require representation, and (i) one is to be a person (not being a member of staff of the Department) who is appointed as an independent chairperson for the committee. (2) The regulations may make provision with respect to qualifications for appointment as a member of a management committee. (3) The members appointed as referred to in subsection (1) (a)–(e) should, as far as practicable, be persons who reside within the water management area for which the management committee is being constituted. (4) Schedule 6 has effect with respect to the constitution and procedure of a management committee. 14 Functions of management committees (1) The principal function of a management committee is to carry out the task for which it is appointed. (2) The task for which a committee is appointed may include any one or more of the following— (a) to prepare a draft management plan for the whole or any part of the management area or of the water sources in the area, (b) to review a management plan that is in force in the water management area, (c) to investigate such matters affecting the management of the water management area as the Minister refers to it for investigation, (d) to report to the Minister on such matters affecting the management of the water management area as the Minister refers to it for report, (e) to advise the Minister on such matters affecting the management of the water management area as the Minister refers to it for advice. (3) It is the duty of a management committee to exercise its functions consistently with the principles of ecologically sustainable development. Part 3 Management plans Division 1 Preliminary 15 Preparation of draft management plan (1) The Minister may, by the order by which a management committee is established or by a subsequent order in writing— (a) direct the committee to prepare a draft management plan, and review any related implementation program, on any aspect of water management, including (but not limited to)— (i) water sharing, and (ii) water source protection, and (iii) drainage management, and (iv) floodplain management, and (b) set terms of reference in accordance with which such a plan is to be prepared. (2) A management committee to which such an order is given is to prepare a draft management plan in accordance with the terms of reference specified in the order. (3) If the management committee fails to prepare a draft management plan in accordance with its terms of reference, the Minister may make a Minister's plan under section 50 in respect of the matter. (4) (Repealed) 16 Management plans to be consistent with other instruments (1) A management plan must be consistent with— (a) the State Water Management Outcomes Plan, and (b) any State environmental planning policy under the Environmental Planning and Assessment Act 1979, and (c) any protection of the environment policy under the Protection of the Environment Operations Act 1997, and (d) any regulation under the Water NSW Act 2014 or the Googong Dam Catchment Area Act 1975, and (e) State government policy, including State government policy in relation to the environmental objectives for water quality and river flow. (2) For the purposes of this section, State government policy includes such matters as are declared by the regulations to be State government policy. 17 Provisions applicable to all management plans A management plan may, in respect of a water management area or water source to which it applies, contain the following kinds of provisions— (a) provisions with respect to the preservation and enhancement of the quality of water, (b) provisions with respect to the kinds of monitoring and reporting requirements that should be imposed as conditions of approvals, (b1) provisions with respect to the advertisement of applications for approvals, (c) provisions with respect to the conditions to which access licences and approvals are to be subject, (d) provisions indicating the circumstances in which, the matters in respect of which and the extent to which the management plan may be amended by the Minister during the period for which it is in force, (e) provisions with respect to such other matters as may be authorised by the regulations. 18 Matters for consideration (1) In formulating a draft management plan, the management committee must have due regard to the socio-economic impacts of the proposals considered for inclusion in the draft plan. (1A) In formulating a draft management plan, the management committee must also have due regard to the provisions of any relevant local strategic plan under the Local Land Services Act 2013. (2) Due regard may also be had, in the formulation of the plan's proposals, to the effect within each water management area or water source to which the plan applies of activities occurring, or likely to occur, outside each such area or water source. Division 2 Water sharing 19 Application of Division (1) This Division applies to the provisions of a management plan to the extent to which they deal with water sharing. (2) The water sharing provisions of a management plan may apply to the whole or any part of a water management area, or to the whole or any part of one or more water sources within a water management area. 20 Core provisions (1) The water sharing provisions of a management plan for a water management area or water source must deal with the following matters— (a) the establishment of environmental water rules for the area or water source, (b) the identification of requirements for water within the area, or from the water source, to satisfy basic landholder rights, (c) the identification of requirements for water for extraction under access licences, (d) the establishment of access licence dealing rules for the area or water source, (e) the establishment of a bulk access regime for the extraction of water under access licences, having regard to the rules referred to in paragraphs (a) and (d) and the requirements referred to in paragraphs (b) and (c). (2) The bulk access regime referred to in subsection (1) (e)— (a) must recognise and be consistent with any limits to the availability of water that are set (whether by the relevant management plan or otherwise) in relation to the water sources to which the regime relates, and (b) must establish rules according to which access licences are to be granted and managed and available water determinations to be made, and (c) must recognise the effect of climatic variability on the availability of water, and (d) may establish rules with respect to the priorities according to which water allocations are to be adjusted as a consequence of any reduction in the availability of water, and (e) may contain provisions with respect to the conditions that must (as mandatory conditions) be imposed on access licences under section 66 (1), including conditions providing for the variation, from time to time, of the share and extraction components of access licences, and (f) must be consistent with the water management principles. (3) The rules referred to in subsection (2) (d) must comply with the priorities established under section 58. (4) The access licence dealing rules established under subsection (1) (d)— (a) must comply with the access licence dealing principles, and (b) must not deal with any matter for which the access licence dealing principles may make provision under section 71Z (2), and (c) subject to paragraph (b) and the access licence dealing principles, may regulate or prohibit any dealing under Division 4 of Part 2 of Chapter 3. 21 Additional provisions The water sharing planning provisions of a management plan for a water management area or water source may also deal with the following matters— (a) the rates, times and circumstances under which water may be taken from any water source in the area, or the quantity of water that may be taken from any water source in the area or delivered through the area, (b) the kinds of water supply works that may be constructed and used in the area, (c) the operation of water accounts for the area or water source, such as the carrying over of credits from one accounting period to the next, the maximum credit that may be allowed to accumulate in any account and the withdrawal of water from any account by reason of evaporation or dam spill or in such other circumstances as may be prescribed by the regulations, (d) water sharing measures for the protection and enhancement of the quality of water in the water sources in the area or for the restoration or rehabilitation of water sources or their dependent ecosystems, (e) measures to give effect to the water management principles and the objects of this Act, (e1) measures, not inconsistent with this Act, that are necessary because of requirements arising under the Water Act 2007 of the Commonwealth, (f) such other matters as are prescribed by the regulations. Division 3 Water use 22 Application of Division (1) This Division applies to the provisions of a management plan to the extent to which they deal with water use. (2) The water use provisions of a management plan may apply to the whole or any part of a water management area. 23 Core provisions The water use provisions of a management plan for a water management area must deal with the following matters— (a) the identification of existing and potential water use practices and related activities, (b) the identification of those uses and activities which have adverse impacts, including cumulative impact, on water sources or their dependent ecosystems or on other water users, (c) the identification of the occurrence of land degradation, including soil erosion, compaction, geomorphic instability, contamination, acidity, waterlogging, decline of native vegetation or, where appropriate, salinity within the area and any impacts on water sources. 24 Additional provisions The water use provisions of a management plan for a water management area may also deal with the following matters— (a) best practice for water conservation, water efficiency and total water cycle management, (b) prevention of off-site impacts of water use, (c) requirements for the restoration or rehabilitation of land or water sources or their dependent ecosystems, (d) protection of the habitats or pathways of animals and plants, (e) the preservation and enhancement of the quality of water of the water sources in the area affected by water use and related practices, (f) structural or operational modifications for existing works, (g) other measures to give effect to the water management principles and the objects of this Act, (h) such other matters as are prescribed by the regulations. Division 4 Drainage management 25 Application of Division (1) This Division applies to the provisions of a management plan to the extent to which they deal with drainage management. (2) The drainage management provisions of a management plan may apply to the whole or any part of a water management area. 26 Core provisions The drainage management provisions of a management plan for a water management area must deal with the following matters— (a) the identification of the existing and natural hydrological regimes in the area, (b) the identification of existing drainage works in the area and the way they are managed, (c) the ecological impacts and impacts on water quality, including cumulative impacts, of the drainage works in the area. 27 Additional provisions The drainage management provisions of a management plan for a water management area may also deal with the following matters— (a) proposals for the construction of new drainage works, (b) the modification or removal of existing drainage works, (c) restoration or rehabilitation of land, habitats, water sources or their dependent ecosystems, (d) the preservation and enhancement of the quality of water of the water sources in the area affected by drainage management, (e) other measures to give effect to the water management principles and the objects of this Act, (f) such other matters as are prescribed by the regulations. Division 5 Floodplain management 28 Application of Division (1) This Division applies to the provisions of a management plan to the extent to which they deal with floodplain management. (2) The floodplain management provisions of a management plan may apply to the whole or any part of a water management area. 29 Core provisions The floodplain management provisions of a management plan for a water management area must deal with the following matters— (a) identification of the existing and natural flooding regimes in the area, in terms of the frequency, duration, nature and extent of flooding, (b) the identification of the ecological benefits of flooding in the area, with particular regard to wetlands and other floodplain ecosystems and groundwater recharge, (c) the identification of existing flood works in the area and the way they are managed, their benefits in terms of the protection they give to life and property, and their ecological impacts, including cumulative impacts, (d) the risk to life and property from the effects of flooding. 30 Additional provisions The floodplain management provisions of a management plan for a water management area may also deal with the following matters— (a) proposals for the construction of new flood works, (b) the modification or removal of existing flood works, (c) restoration or rehabilitation of land, water sources or their dependent ecosystems, in particular in relation to the following— (i) the passage, flow and distribution of floodwater, (ii) existing dominant floodways and exits from floodways, (iii) rates of flow, floodwater levels and duration of inundation, (iv) downstream water flows, (v) natural flood regimes, including spatial and temporal variability, (d) the control of activities that may affect or be affected by the frequency, duration, nature or extent of flooding within the water management area, (e) the preservation and enhancement of the quality of water in the water sources in the area during and after flooding, (f) other measures to give effect to the water management principles and the objects of this Act, (g) such other matters as are prescribed by the regulations. Division 6 Controlled activities and aquifer interference activities 31 Application of Division (1) This Division applies to the provisions of a management plan to the extent to which they deal with controlled activities and aquifer interference activities. (2) The controlled activity and aquifer interference activity provisions of a management plan may apply to the whole or any part of a water management area. 32 Core provisions The controlled activity and aquifer interference activity planning provisions of a management plan for a water management area must deal with the following matters— (a) identification of the nature of any controlled activities or aquifer interference causing impacts, including cumulative impacts, on water sources or their dependent ecosystems, and the extent of those impacts, (b) specification of controlled activities or aquifer interferences which are to require controlled activity approvals or aquifer interference approvals in the area. 33 Additional provisions The controlled activity and aquifer interference activity provisions of a management plan for a water management area may also deal with the following matters— (a) the undertaking of work for the purpose of restoring or rehabilitating a water source or its dependent ecosystems, (b) protecting, restoring or rehabilitating the habitats or pathways of animals and plants, (c) specific controls on activities causing unacceptable impacts, (d) the preservation and enhancement of the quality of water in the water sources in the area affected by controlled activities or aquifer interference, (e) other measures to give effect to the water management principles and the objects of this Act, (f) such other matters as are prescribed by the regulations. Division 7 Environmental protection 34 Environmental protection provisions (1) A management plan for a water management area, or any part of a water management area, may contain the following provisions (environmental protection provisions) in respect of any aspect of water management— (a) provisions identifying zones in which development should be controlled in order to minimise any harm to water sources in the area or to minimise any threat to the floodplain management provisions of the plan, (b) provisions identifying development that should be controlled in any such zone, (c) provisions identifying the manner in which any such development should be controlled in any such zone, (d) provisions to which State agencies and local authorities (including local councils) should be subject when taking action and making decisions concerning any such development, (e) provisions requiring development consent to the carrying out of any such development, (f) provisions requiring the Minister's concurrence to the granting of any such development consent, (g) provisions requiring the establishment of action plans to encourage the abandonment of existing uses that cause harm to water sources, and to encourage the carrying out of remedial measures to minimise or alleviate any harm already caused to water sources by the continuance of existing uses. (2) In this section, control, development, development consent and existing use have the same meanings as they have in the Environmental Planning and Assessment Act 1979. Division 8 Procedures for making management plans 35 Format of management plan (1) A management plan must include the following components— (a) a vision statement, (b) objectives consistent with the vision statement, (c) strategies for reaching those objectives, (d) performance indicators to measure the success of those strategies. (2) In the case of a water management area for which an equivalent management plan is already in force, the draft management plan may be in the form of— (a) an amendment to the existing management plan, or (b) a new plan to replace the existing management plan. (3) Subject to subsections (1) and (2), the format of a management plan is to be as determined by the Minister. 36 Notification of certain persons and bodies (1) In preparing a draft management plan, the following information must be notified to each person or body referred to in subsection (2)— (a) the general aims and objectives of the draft plan, (b) a description of the water management area to which the draft plan is intended to apply, (c) such other matters as the Minister thinks fit. (2) The persons and bodies to be notified are as follows— (a) each local council within whose area the water management area is located, (b) Local Land Services, (c) each holder of an access licence or approval in respect of land within the water management area, (d) such other persons or bodies as the Minister may determine in relation to the plan. (3) Failure to notify a person or body referred to in subsection (2) does not affect the validity of a management plan. (4) A person to whom information is notified under this section may make written submissions to the Minister in relation to the preparation of the draft management plan within 28 days (or such longer period as may be determined by the Minister) after the information is notified. 37 Reference of draft management plan to Minister (1) After a draft management plan has been prepared, including a draft management plan that has been referred back to it under this section, the management committee must submit the plan to the Minister. (2) If the Minister is of the opinion that the draft plan does not comply with the requirements of this Part, the Minister is to refer the draft plan back to the management committee for further consideration. (3) This section does not apply to a draft management plan prepared by the Minister. 38 Public exhibition of draft management plan (1) Once the Minister is satisfied that a draft management plan is suitable for public exhibition, the Minister— (a) must give public notice of the draft plan, and (b) must exhibit the draft plan (together with such other information as is appropriate or necessary to enable the draft plan and its implications to be understood) at the places, on the dates and during the times set out in the notice. (2) The public notice referred to in subsection (1) (a)— (a) must specify the places at which, the dates on which, and the times during which, the draft plan may be inspected by the public, and (b) must specify a period of at least 40 days during which submissions may be made to the Minister in relation to the plan (the submission period), and (c) must be published in the authorised manner. (3) In the case of a draft management plan containing environmental protection provisions, the Minister must consult with the Minister for Urban Affairs and Planning before making a decision as to whether the plan is suitable for public exhibition. 39 Submissions on draft management plan (1) During the submission period, any person may make written submissions to the Minister on the draft management plan. (2) The Minister must send a copy of each such submission to the management committee by which the plan was prepared. (3) Subsection (2) does not apply to a draft management plan prepared by the Minister. 40 Resubmission of draft management plan to Minister (1) As soon as practicable after completing its consideration of any submissions received by it, the management committee must resubmit the draft management plan to the Minister together with the committee's comments on the submissions. (2) Before making any alterations to the draft management plan, the Minister must consult with the management committee. (3) This section does not apply to a draft management plan prepared by the Minister. 41 Making of management plan (1) After complying with the requirements of this Part, the Minister— (a) may, by order published on the NSW legislation website, make a management plan in accordance with the draft plan, as finally submitted to the Minister, or (b) may, by order published on the NSW legislation website, make a management plan in accordance with the draft plan, as finally submitted to the Minister, but with such alterations as the Minister thinks fit, or (c) may cause the draft management plan to be re-exhibited (with such alterations as the Minister thinks fit) and resubmitted in accordance with this Part, or (d) may decide not to proceed with the draft management plan. (2) Before making a management plan, the Minister must obtain the concurrence of the Minister for the Environment to the making of the plan. (3) A management plan commences on the date on which it is published on the NSW legislation website or on such later date as may be specified in the plan. 42 Amendment of management plans (1) A management plan may be amended by a subsequent management plan made in accordance with this Part. (2) This section does not limit the operation of Division 9. (3) Each management plan specified in Schedule 12 is amended as set out in that Schedule. (4) The amendment of a management plan by this or any other Act does not prevent its later amendment or repeal in accordance with this Act. 43 Duration of management plans (1) Subject to section 43A, a management plan has effect for— (a) if the plan commenced on 1 July in any year—10 years commencing on that date, or (b) in any other case—10 years commencing on 1 July next after the date the plan commenced. (2) In the 5 years before its expiry, the Minister is to review each management plan (other than provisions dealing with water sharing) for the purpose of ascertaining whether its provisions remain adequate and appropriate for ensuring the effective implementation of the water management principles. (3) Such a review is to be conducted in consultation with the Minister for the Environment and the Natural Resources Commission. (4) A new management plan may be made in accordance with this Act to replace an earlier management plan. Any such replacement plan may contain provisions of a savings or transitional nature consequent on the replacement of the plan. 43A Extension of duration of management plan dealing with water sharing (1) The Minister may, on the recommendation of the Natural Resources Commission and by notice published in the Gazette before its expiry under section 43 or this section, extend a management plan that deals with water sharing for a further period of 10 years after the plan was due to expire. (2) More than one such extension of a management plan that deals with water sharing may be made. (3) Before deciding whether to extend a management plan that deals with water sharing or to make a new management plan, the Minister is to consider a report of the Natural Resources Commission that reviews (within the previous 5 years) the following— (a) the extent to which the water sharing provisions have materially contributed to the achievement of, or the failure to achieve, environmental, social and economic outcomes, (b) whether changes to those provisions are warranted. (3A) If a report of the Natural Resources Commission under subsection (3) recommends changes to a management plan that will result in a reduction of water allocations in relation to which compensation might be payable under section 87AA, the Commission is to state in the report whether the purpose of the proposed changes is— (a) to restore water to the environment because of natural reductions in inflow to the relevant water source, including but not limited to changes resulting from climate change, drought or bushfires, or (b) to provide additional water to the environment because of more accurate scientific knowledge that demonstrates that the amount previously allocated to the environment is inadequate. (4) For the purposes of a report under subsection (3)— (a) the Natural Resources Commission is to call for public submissions and to have regard to any duly received, and (b) the Natural Resources Commission is to have regard to any other relevant State-wide and regional government policies or agreements that apply to the catchment management area. (5) A report of the Natural Resources Commission under subsection (3) is to be made public after the decision of the Minister with respect to the extension of the management plan or on the expiration of 6 months after the report is received by the Minister, whichever first occurs. (6) If the Minister decides not to extend a management plan under this section, the Minister may, by notice published in the Gazette, extend the existing management plan until the commencement of a replacement management plan or until the second anniversary of the date the plan would otherwise have expired, whichever first occurs. 44 Periodic auditing of management plans (1) The Minister is to ensure that a management plan is audited, within the first 5 years of the plan, for the purpose of ascertaining whether its provisions are being given effect to. (2) An audit under this section is to be carried out by the Natural Resources Commission. (3) In setting terms of reference for the preparation of a management plan to replace an existing management plan, the Minister must have regard to the results of the most recent audit conducted under this section in relation to the existing management plan. Division 9 Amendment of management plans by Minister 45 Minister may amend or repeal management plan (1) The Minister may at any time, by order published on the NSW legislation website, amend a management plan— (a) if satisfied it is in the public interest to do so, or (b) in such circumstances, in relation to such matters and to such extent as the plan so provides, or (c) if the amendment is required to give effect to a decision of the Land and Environment Court relating to the validity of the plan, or (d) if satisfied that it is necessary to do so because of requirements arising under the Water Act 2007 of the Commonwealth. (2) (Repealed) (3) Before amending a management plan, the Minister must obtain the concurrence of the Minister for the Environment to the amendment. (4) The date of commencement of a management plan may, but the duration of a management plan may not, be extended by an amendment of the plan under this section. (5) The Minister may at any time, by order published on the NSW legislation website, repeal a management plan (other than a management plan that deals with water sharing). (5A) The Minister may at any time, by order published on the NSW legislation website, repeal a management plan that deals with water sharing if satisfied that it is necessary to do so because of requirements arising under the Water Act 2007 of the Commonwealth. (6) The amendment or repeal of a management plan under this section takes effect on the date the order is published on the NSW legislation website or on a later date specified in the order. (7) An order under subsection (1) (a) varying a bulk access regime is not to be made in relation to a water management area for which a management committee for water sharing is constituted unless the Minister has consulted with the committee in relation to the proposed amendment. (8) A provision of a management plan that authorises the amendment of the plan in accordance with section 42 (2) of this Act is to be construed as a reference to an amendment authorised by subsection (1) (b). 45A Consolidation of management plans (1) The Minister may, by order published on NSW legislation website, consolidate 2 or more management plans by— (a) repealing one or more management plans and amending another management plan to make provision with respect to the matters dealt with by the repealed plan or plans, or (b) amending a management plan to make provision with respect to the matters dealt with by one or more other plans that have expired (or are to expire) by operation of section 43. (2) A consolidated management plan may contain provisions of a savings or transitional nature consequent on the consolidation. (3) The provisions of Division 9 (Compensation relating to access licences) of Part 2 of Chapter 3 in relation to the consolidation of management plans under this section have effect subject to the following— (a) subject to paragraph (b), the consolidation of the management plans does not affect any right to compensation that the holder of an access licence would have had under section 87 or 87AA had the consolidation not occurred, (b) the commencement of the 10-year period referred to in section 87AA (6) (b) in its application to an expired or repealed plan is to be calculated by reference to the 10-year period commencing on the date on which the expired or repealed plan was due to expire rather than the date on which the plan into which the provisions were consolidated ceases to be in force. (4) Section 45 does not limit the circumstances in which the Minister may repeal or amend a management plan under this section (including a management plan that deals with water sharing). Division 10 (Repealed) Division 11 Miscellaneous 46 Making or amendment of management plan (1) If the Minister makes a replacement management plan or amends a management plan and the replacement plan or amendment will result in a reduction of water allocations in relation to which compensation might be payable under section 87AA, the Minister is to include in the order in which the replacement plan or amendment is made, or in another order, a statement as to whether— (a) the purpose of the reduction to water allocations is to restore water to the environment because of natural reductions in inflow to the relevant water source, including but not limited to changes resulting from climate change, drought or bushfires, or (b) the purpose of the reduction to water allocations is to provide additional water to the environment because of more accurate scientific knowledge that demonstrates that the amount previously allocated to the environment is inadequate, but not if that purpose is also the purpose referred to in paragraph (d), or (c) the reduction to water allocations results from a change in State government policy, or (d) the purpose of the reduction to water allocations is to enable the replacement plan or amended plan, as the case may be, to be accredited under the Water Act 2007 of the Commonwealth. (2) A statement referred to in subsection (1)— (a) need not be made if the reduction concerned arises from circumstances referred to in section 87AA (3) (a) or (b), and (b) in a case where the reduction is made for more than one of the purposes referred to in subsection (1), is to specify each of the relevant purposes and the extent to which the reduction relates to each of those relevant purposes. 47 Validity of management plans and exercise of plan-making functions (1) The validity of a management plan may not be challenged, reviewed, quashed or called into question before any court in any proceedings, other than before the Land and Environment Court in proceedings commenced within the judicial review period. (2) The judicial review period in respect of a management plan is— (a) the period of 3 months after the date the plan was published on the NSW legislation website, except as provided by paragraph (b), or (b) in relation to a provision of the plan that was inserted by an amendment of the plan (other than an amendment under section 45 (1) (c)), the period of 3 months after the date that the amendment was published on the NSW legislation website. A judicial review period does not arise as a result of the extension of the duration of a management plan. (3) The judicial review period cannot be extended by the Land and Environment Court or any other court, despite any other Act or law. (4) Without limiting subsection (1), the exercise by a designated person of any plan-making function may not be— (a) challenged, reviewed, quashed or called into question before any court in any proceedings, or (b) restrained, removed or otherwise affected by any proceedings, other than before the Land and Environment Court in proceedings commenced within the judicial review period. (5) The provisions of or made under this Act and the rules of natural justice (procedural fairness), so far as they apply to the exercise of any plan-making function, do not place on a designated person any obligation enforceable in a court (other than in the Land and Environment Court in proceedings commenced within the judicial review period). (6) Accordingly, no court (other than the Land and Environment Court in proceedings commenced within the judicial review period) has jurisdiction or power to consider any question involving compliance or non-compliance, by a designated person, with those provisions or with those rules so far as they apply to the exercise of any plan-making function. (7) This section is not to be construed as applying the rules of natural justice to the exercise of plan-making functions for the purposes of proceedings instituted within the judicial review period. (8) In this section— court includes any court of law or administrative review body. designated person means the Minister, a management committee, the Secretary or any person or body assisting or otherwise associated with any of them. exercise of functions includes the purported exercise of functions and the non-exercise or improper exercise of functions. judicial review period—see subsection (2). management plan includes purported management plan. plan-making function means— (a) a function under this Act relating to the making of a management plan (including relating to the amendment, replacement or repeal of a management plan or the extension of the duration of a management plan), or (b) a function under section 46 of this Act relating to the statement of the purpose for which any provision of a management plan has been made. proceedings includes— (a) proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, and (b) without limiting paragraph (a), proceedings in the exercise of the inherent jurisdiction of the Supreme Court or the jurisdiction conferred by section 23 of the Supreme Court Act 1970. 48 Effect of management plans on exercise of Minister's functions When exercising functions under this Act, the Minister must take all reasonable steps to give effect to the provisions of any management plan and, in particular, to ensure that any environmental water rules established by the plan are observed. 49 Consideration of management plans by public authorities (1) When exercising its functions, a public authority must have regard to the provisions of any management plan to the extent to which they apply to the public authority. (2) For the purposes of this section, a management plan may be expressed so as to apply— (a) to a specified public authority, to a specified class of public authorities or to public authorities generally, and (b) to a specified function, to a specified class of functions or to functions generally. (3) This section neither restricts a public authority's statutory discretions nor authorises a public authority to do anything inconsistent with its statutory or other legal obligations. 49A Suspension of management plans during severe water shortages (1) If satisfied that there is a severe water shortage in relation to a particular water management area or water source, the Minister may, by order published in the Gazette, suspend the operation of any management plan, either in whole or in part, in relation to that or any other water management area or water source. (2) Before suspending the operation of a management plan in relation to a water management area or water source, the Minister must obtain the concurrence of the Minister for the Environment. (3) As soon as practicable after an order under this section is published in the Gazette, a copy of the order must be published in the authorised manner. (4) An order under this section expires (unless sooner revoked) at the end of 30 June following the date on which it is made or, if made on or after 1 April in any year, at the end of 30 June of the following year. (5) An order may not be made under this section or section 49B in relation to a management plan that has, at any time during the previous 12 months, been subject to a prior order under this section or section 49B unless the Minister is satisfied, for reasons specified in the order, that there is no need for the plan to be amended under Division 9. 49B Suspension of Basin management plans during extreme events (1) If satisfied that there is an extreme event in relation to a particular Basin management area or part of the Basin water resources, the Minister may, by order published in the Gazette, suspend the operation of any Basin management plan, either in whole or in part, in relation to that or any other Basin management area or water source or part of a water source that is part of the Bas