Commentary on Sections Part 1 – Controlled Reservoirs, Registration and Reservoir Designation Section 4 – Controlled reservoirs: further provisions
Subsection (1) enables the Department to make provision by order for a different volume of water to be substituted for the volume threshold for a controlled reservoir, currently specified in the Act. This enables the Department to alter the threshold above which reservoirs are controlled reservoirs and therefore subject to the regulatory regime of the Act.
Subsection (2) enables the Department to make provision by regulations to determine how the volume of water capable of being held above the natural level of the surrounding land is to be calculated and the meaning of ‘natural level’ and ‘surrounding land’ for the purposes of the Act.
Subsection (3) deals with the consultation process in making the order and the regulations.