(1) The only circumstance in which a nomination under section 71W(1)(b) of the Act is permitted is if the Minister is satisfied—
(a) that the water supply work or extraction point the subject of the nomination is in a water source (the other water source ) that is connected to a water source specified in the access licence (thespecified water source ), and(b) the water credited to the access licence that may be taken by means of the water supply work or from the extraction point will be so taken from the specified water source indirectly, as an unavoidable result of water being taken from the other water source by means of the work or from the extraction point.
(1) The following classes of applications are to be advertised, as referred to in section 92(7) of the Act—
(a) applications for water supply work approvals for—
(i) works for the taking of water from a river, or (ii) bores for the taking of water, other than bores used solely for taking water in accordance with a person’s basic landholder rights, or (iii) works (such as weirs) that have the effect of impounding water in a water source, or (iv) works (such as tanks and dams) that are constructed or used for the purpose of capturing rainwater run-off, (b) applications for water use approvals for irrigation, (c) applications whose advertising is required by any relevant management plan, (d) applications for flood work approvals for flood works that the Minister has assessed under this clause to be non-complying flood works, (e) applications for flood work approvals for flood works that are situated in or on a floodplain for which there is no management plan (including a converted floodplain management plan) in force with respect to that floodplain. (2) If an application is made for a flood work approval, the Minister is to assess whether the flood work to which the application relates is a non-complying flood work. (3) A flood work to which an application relates is to be assessed to be a non-complying flood work only if—
(a) the work is situated, or proposed to be constructed, in an area to which a converted floodplain management plan applies, and (b) the Minister is not satisfied that the work complies with the converted floodplain management plan. (4) An application referred to in subclause (1)(a) does not have to be advertised (unless required to be advertised by a management plan referred to in subclause (1)(c)) if the water supply work concerned is to be used—
(a) for a period of not more than 6 months, and (b) for one of the following purposes—
(i) road construction or road maintenance by a roads authority (within the meaning of the ), Roads Act 1993 (ii) drought relief, (iii) dust suppression, (iv) prospecting or fossicking for minerals or petroleum under the or the Mining Act 1992 , Petroleum (Onshore) Act 1991 (v) any environmental purpose authorised by a plan approved by the Minister under section 8E(7) of the Act, (vi) hydrostatic testing of gas pipelines.
(1) The Minister may, on application for an exemption under this clause, exempt a relevant public authority from section 91B(1) of the Act in relation to the construction or use (or both) of a water supply work. (2) An exemption under this clause is to be granted by notice in writing to the relevant public authority (an exemption notice ).(3) The Minister may grant an exemption only if satisfied that—
(a) conditions of drought exist, and (b) the grant of the exemption is in the public interest given those conditions. (4) An exemption is subject to the condition that the public authority must notify the Minister in writing of the following matters within the relevant period—
(a) the plans of the public authority in relation to the water supply work, in particular, whether or not it proposes to continue to use the work after the exemption expires, (b) if the public authority intends to cease using the water supply work on or before the expiry of the exemption—the date on which it will cease to use the work and its plans for the work once that occurs (for example, whether the work is to be capped, decommissioned or removed), (c) if the public authority intends to continue using the water supply work after the exemption expires—whether it intends to—
(i) apply for an extension of the period of the exemption, or (ii) rely on another exemption pursuant to the Act or the regulations from the requirement for an approval in relation to the work, or (iii) apply for a water supply work approval in relation to the work. Note— A further notification is required under this condition if an exemption is extended—see subclause (10).
(1) The mandatory metering equipment condition does not apply to the following works before the day specified below for the works—
(a) for a work that takes or may be used to take water from a water source to which any of the following water sharing plans (as in force on 1 July 2019) apply, 1 December 2021—
, Water Sharing Plan for the Barwon-Darling Unregulated and Alluvial Water Sources 2012 , Water Sharing Plan for the Castlereagh River Unregulated and Alluvial Water Sources 2011 , Water Sharing Plan for the Gwydir Regulated River Water Source 2016 , Water Sharing Plan for the Gwydir Unregulated and Alluvial Water Sources 2012 , Water Sharing Plan for the Intersecting Streams Unregulated and Alluvial Water Sources 2011 , Water Sharing Plan for the Lower Gwydir Groundwater Source 2019 , Water Sharing Plan for the Lower Macquarie Groundwater Sources 2019 , Water Sharing Plan for the Macquarie and Cudgegong Regulated Rivers Water Source 2016 , Water Sharing Plan for the Macquarie Bogan Unregulated and Alluvial Water Sources 2012 , Water Sharing Plan for the Namoi Unregulated and Alluvial Water Sources 2012 , Water Sharing Plan for the North Western Unregulated and Fractured Rock Water Sources 2011 , Water Sharing Plan for the NSW Border Rivers Regulated River Water Source 2009 , Water Sharing Plan for the NSW Border Rivers Unregulated and Alluvial Water Sources 2012 , Water Sharing Plan for the NSW Great Artesian Basin Groundwater Sources 2008 , Water Sharing Plan for the NSW Great Artesian Basin Shallow Groundwater Sources 2011 , Water Sharing Plan for the NSW Murray Darling Basin Fractured Rock Groundwater Sources 2011 , Water Sharing Plan for the NSW Murray Darling Basin Porous Rock Groundwater Sources 2011 , Water Sharing Plan for the Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock Water Sources 2010 , Water Sharing Plan for the Upper and Lower Namoi Groundwater Sources 2019 , Water Sharing Plan for the Upper Namoi and Lower Namoi Regulated River Water Sources 2016 (b) for a work that takes or may be used to take water from a water source to which of any of the following water sharing plans (as in force on 1 July 2019) apply, 1 December 2022—
, Water Sharing Plan for the Belubula Regulated River Water Source 2012 , Water Sharing Plan for the Lachlan Regulated River Water Source 2016 , Water Sharing Plan for the Lachlan Unregulated and Alluvial Water Sources 2012 , Water Sharing Plan for the Lower Lachlan Groundwater Source 2003 , Water Sharing Plan for the Lower Murray Groundwater Source 2019 , Water Sharing Plan for the Lower Murray Shallow Groundwater Source 2012 , Water Sharing Plan for the Lower Murray-Darling Unregulated and Alluvial Water Sources 2011 , Water Sharing Plan for the Lower Murrumbidgee Groundwater Sources 2019 , Water Sharing Plan for the Murray Unregulated and Alluvial Water Sources 2011 , Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2016 , Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources 2012 , Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2016 (c) for a work that takes or may be used to take water from a water source to which any of the following water sharing plans (as in force on 1 July 2019) apply, 1 December 2023—
, Water Sharing Plan for the Bega and Brogo Rivers Area Regulated, Unregulated and Alluvial Water Sources 2011 , Water Sharing Plan for the Bellinger River Area Unregulated and Alluvial Water Sources 2008 , Water Sharing Plan for the Brunswick Unregulated and Alluvial Water Sources 2016 , Water Sharing Plan for the Central Coast Unregulated Water Sources 2009 , Water Sharing Plan for the Clarence River Unregulated and Alluvial Water Sources 2016 , Water Sharing Plan for the Clyde River Unregulated and Alluvial Water Sources 2016 , Water Sharing Plan for the Coffs Harbour Area Unregulated and Alluvial Water Sources 2009 , Water Sharing Plan for the Deua River Unregulated and Alluvial Water Sources 2016 , Water Sharing Plan for the Greater Metropolitan Region Groundwater Sources 2011 , Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011 , Water Sharing Plan for the Hastings Unregulated and Alluvial Water Sources 2019 , Water Sharing Plan for the Hunter Regulated River Water Source 2016 , Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2009 , Water Sharing Plan for the Lower North Coast Unregulated and Alluvial Water Sources 2009 , Water Sharing Plan for the Macleay Unregulated and Alluvial Water Sources 2016 , Water Sharing Plan for the Murrah-Wallaga Area Unregulated and Alluvial Water Sources 2010 , Water Sharing Plan for the Nambucca Unregulated and Alluvial Water Sources 2016 , Water Sharing Plan for the North Coast Coastal Sands Groundwater Sources 2016 , Water Sharing Plan for the North Coast Fractured and Porous Rock Groundwater Sources 2016 , Water Sharing Plan for the Paterson Regulated River Water Source 2019 , Water Sharing Plan for the Richmond River Area Unregulated, Regulated and Alluvial Water Sources 2010 , Water Sharing Plan for the Snowy Genoa Unregulated and Alluvial Water Sources 2016 , Water Sharing Plan for the South Coast Groundwater Sources 2016 , Water Sharing Plan for the Towamba River Unregulated and Alluvial Water Sources 2010 , Water Sharing Plan for the Tuross River Unregulated and Alluvial Water Sources 2016 . Water Sharing Plan for the Tweed River Area Unregulated and Alluvial Water Sources 2010
(1) The mandatory metering equipment condition does not apply to a work to which an authority applies if any of the following circumstances apply—
(a) an exemption is granted by the Minister under clause 233 and the exemption has not been revoked, (b) the work is a pump for surface water and the use of 1 pump of not more than 99 mm is permitted under the authority, (c) the work is a water bore for groundwater and the use of 1 water bore with a diameter of not more than 199 mm is permitted under the authority or, if the authority does not specify the diameter, the water bore has a diameter of not more than 199 mm, (d) the work is solely used to take water pursuant to a basic landholder right, (e) in the case of an approved work, the work is used only in circumstances where the holder of the approval is exempt from the requirement to hold an access licence for the taking of water using the work, (f) the work is solely used to take water under a floodplain harvesting (regulated river) access licence or a floodplain harvesting (unregulated river) access licence, (g) the work is not nominated in an access licence. (2) The mandatory metering equipment condition does not apply to 2 or more pumps for surface water to which the same authority applies, or that are situated on the same landholding and to which different authorities apply,, or that are nominated works in the same access licence, if one of the following applies—
(a) there are no more than 2 pumps, and the use of pumps of not more than 74 mm is permitted by the applicable authorities, (b) there are no more than 3 pumps, and the use of pumps of not more than 49 mm is permitted by the applicable authorities, (c) there are no more than 4 pumps, and the use of pumps of not more than 39 mm is permitted by the applicable authorities. (3) The mandatory metering equipment condition does not apply to 2 or more water bores for groundwater to which the same authority applies, or that are situated on the same landholding and to which 2 or more authorities apply,, or that are nominated works in the same access licence, if one of the following applies—
(a) there are no more than 2 water bores and the use of water bores having a diameter of not more than 159 mm is permitted by the applicable authorities or, if an applicable authority does not specify the diameter, the diameter of the water bore is not more than that size, (b) there are no more than 3 water bores and the use of water bores having a diameter of not more than 129 mm is permitted by the applicable authorities or, if an applicable authority does not specify the diameter, the diameter of the water bore is not more than that size, (c) there are no more than 4 water bores and the use of water bores having a diameter of not more than 119 mm is permitted by the applicable authorities or, if an applicable authority does not specify the diameter, the diameter of the water bore is not more than that size.
(1) The Minister may, at the Minister’s discretion or on the application of the holder of an authority, exempt the holder, or a class of holders, from the application of the mandatory metering equipment condition to the holder or the class of holders.
(1) In this clause— certified meter installer means a person who holds a current certification as a meter installer issued by Irrigation Australia Ltd.certified practising hydrographer means a person who is listed as a certified practising hydrographer in the register of certified professionals kept by the Australian Hydrographers Association.maintenance specifications means the specifications made under clause 2(4) of Schedule 8.metering system designer means a person who—
(a) holds a current certification as an irrigation designer or irrigation professional issued by Irrigation Australia Ltd, or (b) holds a vocational education and training qualification in irrigation management, the installation of irrigation equipment or the design of irrigation equipment issued by a registered training organisation, or (c) holds an engineering qualification issued by an Australian university and who has not less than 2 years experience in designing water management systems. registered training organisation means a training organisation that is listed as a registered training organisation on the National Register established under theof the Commonwealth. National Vocational Education and Training Regulator Act 2011 telemetry technician means a person who—
(a) holds a current electrical licence, or (b) holds a communications engineering qualification issued by an Australian university, or (c) holds a telecommunications engineering qualification issued by an Australian university, or (d) holds a vocational education and training qualification in radio communications or in electronics and communications issued by a registered training organisation. (2) For the purposes of the definition of duly qualified person in the Dictionary to the Act, a person has the prescribed qualifications, skills and experience to carry out work in connection with metering equipment if the person is specified for the work by this clause.(3) The following persons are specified for designing metering equipment installed in connection with an open channel—
(a) a certified meter installer, (b) a metering system designer. (4) A certified meter installer is specified for installing metering equipment other than telemetry. (5) The following persons are specified for installing, maintaining (including maintenance activities under the maintenance specifications) and repairing telemetry—
(a) a certified meter installer, (b) a telemetry technician, (c) a certified practising hydrographer. (6) A certified meter installer who has experience in using intrusive and non-intrusive flow measurement testing equipment is specified for validating metering equipment (other than equipment installed in connection with an open channel).
(1) A duly qualified person who certifies the design of metering equipment for an open channel for the purposes of clause 2(3) of Schedule 8 must give a certificate, in the approved form and manner, to the person who obtained the certification. (2) A duly qualified person who validates metering equipment in accordance with clause 7 of Schedule 8 must give the person for whom the validation is done a certificate, in the approved form and manner—
(a) confirming that the metering equipment complies or does not comply with the matters required to be checked in accordance with , and AS 4747 (b) if matters checked do not comply with , specifying the reasons why the equipment does not comply and the modifications that are required for compliance or that the equipment cannot be modified to enable compliance. AS 4747
(1) For the purposes of section 91I(3) of the Act, a person who takes water by means of a metered work while its metering equipment is faulty must comply with this clause.
(1) For the purposes of section 91I(3) of the Act, a person who takes water by means of a metered work while its metering equipment is faulty must comply with this clause. (2) The person must repair the metering equipment, or cause it to be repaired, within 21 days of becoming aware that the metering equipment is faulty or within any further period permitted under this clause.
(1) A condition imposed by this clause is a mandatory condition for the purposes of sections 115 and 115A(b) of the Act. (2) It is a condition of each authority that is the subject of a mandatory metering equipment condition that the holder of the authority must—
(a) record in the approved form and manner when water is taken using a work to which the authority applies under a basic landholder right or in other circumstances other than under an access licence or a licence or other entitlement under the former 1912 Act, and (b) if the authority is subject to a condition that the holder must confirm specified matters before water is taken in accordance with the authority—record, in the approved form and manner, the means by which the holder confirmed those specified matters, and (c) record the information not later than 24 hours after any day during which water is taken as referred to in paragraph (a) or (b). (2A) Subclause (2)(b) does not apply in relation to water taken from a regulated river.
(1) A condition imposed by this clause is a mandatory condition for the purposes of sections 115 and 115A(b) of the Act. (2) It is a condition of each authority that is the subject of a mandatory metering equipment condition that, if clause 6(2) of Schedule 8 provides that the clause does not apply to metering equipment used in conjunction with a work, the holder of the authority must report the water taken using the work to the Minister in accordance with this clause.
(1) For the purposes of sections 115 and 115A(b) of the Act, it is a mandatory condition of an authority under which a work may be used to take water that the holder of the authority must—
(a) record water taken using the work, and (b) separately record when water is taken using a work to which the authority applies under a basic landholder right or in other circumstances other than under an access licence or a licence or entitlement under the former 1912 Act, and (c) if the authority is subject to a condition that the holder must confirm specified matters before water is taken in accordance with the authority—record the means by which the holder confirmed those specified matters. (2) Subclause (1)(c) does not apply in relation to water taken from a regulated river. (2A) The record made under this clause must—
(a) be made not later than 24 hours after any day during which water is taken, and (b) be made in an approved form and manner, and (c) be kept for a period of 5 years. (2B) A record made under subclause (1)(a), (b) or (c) must be given to the Minister in an approved form and manner not later than 28 days after the end of the water year in which the water was taken or matters confirmed.
(1) For the purposes of section 21(c) of the Act, the following are prescribed as circumstances in which water may be withdrawn from a water allocation account—
(a) circumstances in which there is insufficient water available in the relevant dam to provide for losses in the conveyance of water between the dam and the locations to which it is delivered (whether by evaporation, leakage or otherwise), (b) circumstances in which the amount of uncontrolled flow taken under a regulated river (general security) access licence or a regulated river (high security) access licence exceeds the amount that is allowed to be taken—
(i) under that licence, or (ii) under the order under section 85A of the Act that authorises the taking of the uncontrolled flow, (c) circumstances in which during a water year one or more available water determinations to credit a water allocation account for a regulated river (general security) access licence or a regulated river (high security) access licence are made during or after water has been taken pursuant to an order made under section 85A of the Act that authorises the taking of water from uncontrolled flows in the same water year, Note— Paragraph (c) enables water to be withdrawn from a water allocation account of a regulated river (general security) access licence or a regulated river (high security) access licence where any available water determination is made during or after a period of access to uncontrolled flows. The amount to be withdrawn is the lesser of the amount of uncontrolled flow taken and the amount credited to the water allocation account as a result of any available water determinations made during or after the taking of uncontrolled flows. (d) circumstances in which the balance of the account exceeds the maximum volume of water allocations that may be held in the account under the management plan for the water source to which the account relates.
(Clause 55)
(Clause 252)
(Clause 235)
(Clause 231(4)(b)) A water source to which one of the following water sharing plans applies (as in force on the commencement of this Schedule)—
(a) , Water Sharing Plan for the Lower Gwydir Groundwater Source 2019 (b) , Water Sharing Plan for the Lower Lachlan Groundwater Source 2003 (c) , Water Sharing Plan for the Lower Macquarie Groundwater Sources 2019 (d) , Water Sharing Plan for the Lower Murray Groundwater Source 2019 (e) , Water Sharing Plan for the Lower Murrumbidgee Groundwater Sources 2019 (f) , Water Sharing Plan for the NSW Great Artesian Basin Groundwater Sources 2008 (g) . Water Sharing Plan for the Upper and Lower Namoi Groundwater Sources 2019 The Belubula Valley Alluvial Groundwater Source as described in the . Water Sharing Plan for the Lachlan Unregulated and Alluvial Water Sources 2012 The Upper Lachlan Alluvial Groundwater Source as described in the . Water Sharing Plan for the Lachlan Unregulated and Alluvial Water Sources 2012 The Lower Darling Alluvial Groundwater Source as described in the . Water Sharing Plan for the Lower Murray-Darling Unregulated and Alluvial Water Sources 2011 The Bell Alluvial Groundwater Source as described in the . Water Sharing Plan for the Macquarie Bogan Unregulated and Alluvial Water Sources 2012 The Cudgegong Alluvial Groundwater Source as described in the . Water Sharing Plan for the Macquarie Bogan Unregulated and Alluvial Water Sources 2012 The Talbragar Alluvial Groundwater Source as described in the . Water Sharing Plan for the Macquarie Bogan Unregulated and Alluvial Water Sources 2012 The Upper Macquarie Alluvial Groundwater Source as described in the . Water Sharing Plan for the Macquarie Bogan Unregulated and Alluvial Water Sources 2012 The Upper Murray Groundwater Source as described in the . Water Sharing Plan for the Murray Unregulated and Alluvial Water Sources 2011 The Billabong Creek Alluvial Groundwater Source as described in the . Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources 2012 The Bungendore Alluvial Groundwater Source as described in the . Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources 2012