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WATER LEGISLATION MISCELLANEOUS AMENDMENTS BILL 2019

Serial 81
Water Legislation Miscellaneous Amendments Bill 2019
Ms Lawler

A Bill for an Act to amend the Water Act 1992 and the Water Regulations 1992

NORTHERN TERRITORY OF AUSTRALIA

WATER LEGISLATION MISCELLANEOUS AMENDMENTS ACT 2019

____________________

Act No. [ ] of 2019

____________________

Table of provisions

Part 17 Transitional matters for Water Legislation Miscellaneous Amendments Act 2019

118 Application of sections 71A and 71B
12 Functions of Drillers' Qualifications Advisory Committee

13 Membership

13A Meetings
Part 5 Transitional matters for Water Legislation Miscellaneous Amendments Act 2019

25 Application of regulation 15

NORTHERN TERRITORY OF AUSTRALIA

____________________

Act No. [ ] of 2019

____________________

An Act to amend the Water Act 1992 and the Water Regulations 1992

[Assented to [ ] 2019]

[Introduced [ ] 2019]

The Legislative Assembly of the Northern Territory enacts as follows:

Part 1 Preliminary matters
1 Short title

This Act may be cited as the Water Legislation Miscellaneous Amendments Act 2019.

2 Commencement

This Act commences on the day fixed by the Administrator by Gazette notice.

Part 2 Amendment of Water Act 1992
3 Act amended

This Part amends the Water Act 1992.

4 Section 71A amended (Water extraction licence decision and application of Part)

(1) Section 71A(2)(b) and (3)

omit

or used

(2) After section 71A(3)

insert

(4) This Part does not apply to an application for the grant of one or more water extraction licences in relation to the use of land if:

(a) one or more water extraction licences (the existing licences) are in force in relation to the use of the land; and

(b) a development permit for the subdivision or consolidation of the land is in force under the Planning Act 1999; and

(c) as a result of the subdivision or consolidation, the grant of one or more new licences is needed in relation to the use of the land as subdivided or consolidated to replace the existing licences; and

(d) the quantity of water that may be taken under the new licence or licences will not exceed the quantity of water permitted to be taken under the existing licences.

(5) This Part does not apply to an application for the grant of one or more water extraction licences if:

(a) the holders of 2 or more water extraction licences (the existing licences) have entered into an agreement to trade an entitlement to take water under an existing licence; and

(b) the terms of the agreement are in accordance with a water allocation plan; and

(c) the grant of one or more new licences is required to give effect to the agreement; and

(d) the quantity of water that may be taken under the new licence or licences will not exceed the quantity of water that may be taken or used under the existing licences.

5 Section 71B amended (Notice of intention to make water extraction licence decision)

(1) Section 71B(2)

omit

in a newspaper circulating throughout the Territory and may also publish the notice

(2) Section 71B(6)

omit

and occupiers

(3) After section 71B(6)

insert

(7) In addition, the Controller must:

(a) use reasonable efforts to identify any occupiers of land immediately adjacent to the land mentioned in subsection (6)(a) and (b); and

(b) give a copy of the notice to the identified occupiers.

6 Section 106 amended (Service of document)

(1) Section 106(2)(a) and (3)(a), at the end

insert

or

(2) Section 106(2)(c) and (3)(c)

omit

address.

insert

address; or

(3) After section 106(2)(c) and (3)(c)

insert

(d) sending it by email to an email address notified to the sender by the person as an address at which service of documents under this Act will be accepted.

7 Section 108 amended

Section 108(2)(q)(iii)

omit

66

insert

65

8 Part 17 inserted

Water Act 1992, at the end

insert

Part 17 Transitional matters for Water Legislation Miscellaneous Amendments Act 2019

118 Application of sections 71A and 71B

(1) Sections 71A and 71B as in force immediately before the commencement continue to apply in relation to an application for the grant of a water extraction licence made before the commencement.

(2) In this section:

commencement means the day on which Part 2 of the Water Legislation Miscellaneous Amendments Act 2019 commences.

9 Act further amended

Schedule 1 has effect.

Part 3 Amendment of Water Regulations 1992
10 Regulations amended

This Part amends the Water Regulations 1992.

11 Regulation 10 amended (Drilling licence)

Regulation 10(2)(c)

omit

(restricted or unrestricted)

12 Regulations 12 and 13 replaced

Regulations 12 and 13

repeal, insert

12 Functions of Drillers' Qualifications Advisory Committee

The functions of the Drillers' Qualifications Advisory Committee are to advise the Controller:

(a) in relation to the granting, renewal or variation of drilling licences; and

(b) in relation to the operation of Part 6, Division 2 of the Act; and

(c) on matters referred to it by the Controller.

13 Membership

(1) The Drillers' Qualifications Advisory Committee consists of 8 members.

(2) A person is qualified to be appointed as a member if the Minister is satisfied the person has skills, knowledge and experience in one or more of the following areas:

(a) hydrogeology;

(b) groundwater engineering;

(c) planning and conduct of drilling operations.

(3) At least 2 of the members must be representatives of users of drilling services and be persons who, in the Minister's opinion, are not involved in the drilling industry or employed in the public sector.

(4) Before appointing a person to be a member, the Minister must have regard to the range and level of skills, knowledge and experience required among the members of the Committee to enable it to perform its functions.

13A Meetings

(1) The chairperson must convene a meeting of the Drillers' Qualifications Advisory Committee as directed by the Controller.

(2) At a meeting of the Committee:

(a) the chairperson and 3 other members constitute a quorum; and

(b) questions arising must be determined by the majority vote of the members present and voting; and

(c) subject to this regulation, the Committee must determine the procedure to be followed at or in connection with the meeting.

(3) The Committee must keep records of its meetings.

13 Regulation 15 amended (Renewal of permits and licences)

(1) Regulation 15(2)

omit

all words after "than"

insert

the application date.

(2) Regulation 15(3)

omit

further

insert

renewed

(3) After regulation 15(3)

insert

(4) In this regulation:

application date means one of the following:

(a) if the existing licence is a water extraction licence – 6 months before the date on which the licence is due to expire;

(b) if the existing licence is any other licence or permit – 1 month before the date on which the licence is due to expire.

14 Part 5 inserted

After regulation 24

insert

Part 5 Transitional matters for Water Legislation Miscellaneous Amendments Act 2019

25 Application of regulation 15

(1) Regulation 15, as in force immediately before the commencement, continues to apply in relation to an application to renew a water extraction licence that is due to expire on a date that is earlier than 9 months after the commencement.

(2) In this section:

commencement means the day on which the Water Legislation Miscellaneous Amendments Act 2019 commences.

15 Regulations further amended

Schedule 2 has effect.

Part 4 Repeal of Act
16 Repeal of Act

This Act is repealed on the day after it commences.

Schedule 1 Act further amended

section 9

Schedule 2 Regulations further amended

section 15

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