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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44180
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Laws regarding the extraction of all the water from a spring

Customer Question

Laws regarding the extraction of all the water from a spring fed creek that runs through a primary koala habitat
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
Pertinent to nsw laws ie: if the laws differ from state to state otherwise national laws are acceptable
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

What would you like to know?

This would be a matter for the NSW National Parks and Wildlife Service.

Their link is as follows:

http://www.nationalparks.nsw.gov.au

Customer: replied 1 year ago.
Water extracted from the local Quarry relates directly to our creek source to the meter. We know it is illegal to take all the water from the environment when pumping from a water source. DPI state this water is catchment not artesian spring water. They state it has no bearing whatsoever on our Creek irrespective of this water source being at the very head of the creek. We need a reference to the law relating to taking all the water from a spring fed creek leaving no water for the environment. We have two RMS bosses coming to inspect today and we would like to be able to quote a law reference regarding this.
Expert:  Leon replied 1 year ago.

Good Morning

The quarry has to have a licence to operate and in that licence and approval it would state where they will get their water from.

Here is the link about water management.

http://www.water.nsw.gov.au/water-management/law-and-policy

It is the department of Primary Industry and the act is the Water Management Act.

They have to have a license to do what they are doing. I am not sure what the RMS has to do with this it is not their department.

It is the Department of Primary Industry that licences this type of activity and I would suggest you contact them.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 1 year ago.
Dear Leon,
the DPI has deemed the water as catchment - as such they do not need a licence - we have this in writing. Their development application does not include the extraction of water. We dispute the term catchment, but we need legal guidance as to how to dispute this ie: the legal grounds.
We have spoken to the head of DPI Sydney and he is looking into it and we are waiting for a report from the EPA after we asked them to visit the site.
Can we get access to section 91A (1) of the water act? We want to know if the taking of water is deemed to breech the aquifer interference approval (which we suspect they do not have). What channels do we need to follow to have them disclose this to us?
We want a legal framework/procedure to be able to stop them from what they are doing.
Expert:  Leon replied 1 year ago.

Good Afternoon

In NSW it is the Water management Act and the link to the section is below

http://www.austlii.edu.au/au/legis/nsw/consol_act/wma2000166/s91a.html

They need a licence.

Only the department can prosecute them as it is their jurisdiction.

You cannot do anything it is not a civil matter all you can do is report it and hope the department does its job.

The DPI administers the Act.