ACT Numbered Regulations - Explanatory Statements

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WATER RESOURCES REGULATION 2006 (NO 14 OF 2006)

2006
LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL
TERRITORY

WATER RESOURCES REGULATION 2006
SUBORDINATE LAW NO SL2006-14

EXPLANATORY STATEMENT

Circulated by authority of the
Chief Minister
Jon Stanhope MLA

This Explanatory Statement relates to the Water Resources Regulation 2006 (the Regulation) as introduced into the Legislative Assembly.

Overview
The Regulation will exempt allocation of water and licensing of water taking and bore construction on land subject to urban open space and plantation forestry land use policies from the current moratorium.

Section 63 of the Water Resources Act 1998 suspends the power of the Minister to grant a water allocation or issue a licence to take water or construct a bore. Section 63B sets out circumstances which are exempted from this suspension, and also enables exemption of other cases through regulation. This Regulation exempts the cases described below from the suspension.

Clauses
Section 1 – Name of regulation
This section provides that the Regulation is the Water Resources Regulation 2006.

Section 2 – Commencement
This section provides that the Regulation commences on the day after its notification.

Section 3 – Notes
This section provides that notes are explanatory and not part of this Regulation.

Section 4 – Exceptions to moratorium
This section provides that sections 28(1) to (10), sections 35(1) to (4) and sections 44(1) and (2) are not suspended in relation land subject to unleased urban open space and plantation forestry land use policies.

Section 28 relates to the granting of a water allocation and the effect of the Regulation is to allow granting of an allocation on land subject to the relevant land use policies. Section 35 relates to the granting of a licence to take water and the effect of the regulation is to allow granting of a licence to take water on land subject to the relevant land use policies. Section 44 relates to the granting of a bore construction permit and the effect of the regulation is to allow granting of a bore construction permit on land subject to the relevant land use policies.

Section 5 – Expiry
This section outlines that the Regulation expires on the expiry of the Act, section 63C (End of Moratorium).