Speakers:
Neeraj Maini, Principal Policy Officer, Regulatory Implementation, Water Operations Division, Department of Climate Change, Energy, the Environment and Water
Lucy Peters, Water Resource Officer, Water, Department of Planning and Environment.
Commencement of the Water Management Amendment Act 2010
On 1 March 2024, the Water Management Amendment Act 2010 for joint private works schemes started. As a result, the parts of the Water Management Act 2000 (the Act) that deal with private water trusts have changed.
What has changed?
Your private water trust continues to operate in the same area and has the same name.
Works plans and rules
The changes affect the internal governance and administration of your private water trust. The changes require you to adopt a works plan and internal governance rules.
Terminology and elections
The reforms have changed some terminology. Before 1 March 2024, private water trusts were managed by elected members. Elected members are now referred to as trustees. Existing elected members will continue in their role as trustees until whichever of the following happens first:
· elections are held
· the trustee’s appointment ends.
The number of trustees for your private water trust will be the number of trustees you had on 1 January 2001. This is usually 3 or 5 trustees.
Option to become a private water corporation
As a result of the reforms, private water trusts can choose to remain as trusts or apply to become private water corporations.
Private water corporations have additional enforcement functions that are not available to private water trusts. For example, private water corporations may appoint authorised officers to investigate alleged breaches of their agreements, and impose charges if water is taken illegally or corporation works are damaged.
You can decide to become a corporation at any time in accordance with your rules. There is no fee if you apply to become a private water corporation before 1 March 2026.
What you need to do
Existing documents have been recognised as your trust's works plan and rules. You will need to change or replace these plans and rules so that they are up to date and comply with the reforms.
You will need to hold a general meeting to vote on your works plan and rules. You must hold this meeting by 1 March 2025. Rules need to be approved by at least two-thirds of the members entitled to vote.
All members of all Bore Water Trusts in NSW are urged to attend – this affects you!
This meeting is not just for Trustees, it is for all members. Please email everyone on your trust and then follow up that they will attend.
You may get numerous emails and phonecalls and we do not apologize for this, every trust member needs to hear firsthand about these changes.
This meeting is for everyone, both ABWUA members and non-members.
If you are not on our mailing list and would like to be click on this link.
RSVP: abwua.secretary@gmail.com by 17th July for catering