(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) A person is exempt from section 60A(1) and (2) of the Act in relation to the taking of water from a water source if the person—
(a) is specified in any provision of Part 1 of Schedule 4, and (b) takes water for any of the purposes, and in the circumstances, specified in that provision. (2) A person exempted under this clause is also exempted from any mandatory conditions relating to access licences that are imposed on a water supply work approval. (3) An exemption conferred by this clause that requires a watering program to be approved by the Minister is subject to the condition that any person claiming the exemption must, if required to do so by an authorised officer, produce the approved watering program immediately or within the period, and at the place, specified by the officer. (4) An exemption conferred by subclause (1) with respect to approved watering for basic human water needs (within the meaning of clause 14 of Schedule 4 (Taking water for basic human water needs)) ceases to apply 4 months after the date on which the relevant approval was granted by the Minister or such later date as the Minister may approve of in writing. (5) An exemption conferred by this clause with respect to the taking of water for the purposes and in the circumstances specified in clause 17 of Schedule 4 (Emergency safety measures) is subject to the condition that the person claiming the exemption must comply with all applicable requirements (if any) of the Minister—
(a) that are published in the Gazette, or notified in writing to the person, for the purposes of this subclause, and (b) that are for the purposes of implementing the water management principles in relation to the taking of water the subject of the exemption. (6) An exemption conferred by this clause with respect to the taking of water for the purposes and in the circumstances specified in clause 7 of Schedule 4 (Water taken in course of certain aquifer interference activities) is subject to the condition that the person claiming the exemption must—
(a) record water taken for which the exemption is claimed, and (b) make the record not later than 24 hours after water is taken, and (c) make the record in an approved form and manner, and (d) keep the record for a period of 5 years, and (e) give the record to the Minister in an approved form and manner—
(i) not later than 28 days after the end of the water year in which the water was taken, or (ii) if the Minister directs the person in writing to give the record to the Minister on an earlier date, by that date. (7) An exemption conferred by this clause in relation to the taking of groundwater or overland flow water for the purpose specified in Schedule 4, clause 17B (Emergency works) is subject to the condition that the person claiming the exemption must—
(a) before or as soon as reasonably possible after commencing the relevant emergency works, give the Natural Resources Access Regulator the following information—
(i) the person’s name and contact details, (ii) if applicable—the name and contact details of any other person by whom, or body by which, the works are to be carried out, (iii) the address of the site of the works, (iv) the nature of the emergency event resulting in the need to carry out the works, (v) the significant risk to be reduced by the works, and (b) within 14 days after completing the relevant emergency works, give the Natural Resources Access Regulator the following further information—
(i) the date of completion of the works, (ii) the volume of groundwater or overland flow water extracted while carrying out the works, (iii) if it is not possible to measure the volume of groundwater or overland flow water extracted while carrying out the works—an estimate of the volume.
(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) A person who is exempt under clause 21 in relation to the taking of water for any of the purposes, and in the circumstances, specified in a provision of Part 1 of Schedule 4 is exempt from section 91A(1) of the Act in relation to the use of the water for that purpose or those purposes, and in those circumstances.
(1) The following persons are exempt from section 91B(1) of the Act in relation to the construction or use of a water supply work if the work is constructed or used for any of the purposes, and in the circumstances, specified in relation to the work—
(a) any person who is a landholder, in relation to the construction of an excluded work referred to in item 1, 2, 3, 4, 6, 7 or 9 in Schedule 1 that is situated on the land, or the use of the work for any of the purposes, and in the circumstances, specified in Schedule 1 in respect of the work, (b) any person who is a landholder, in relation to the construction or use of an excluded work referred to in item 5 or 8 in Schedule 1 that is situated on the land, (c) any person, in relation to the construction of an exempt monitoring bore, or the use of that bore, for measuring water levels, water pressure or water quality, (d) any person who is engaged in an aquifer interference activity in connection with the mining or extraction of any material, in relation to the construction or use of a water management work for the purpose of taking and using water from an aquifer in accordance with an aquifer interference approval with respect to that activity, (e) the Ministerial Corporation, in relation to the construction or use of a water supply work used for approved watering for basic human water needs (within the meaning of clause 14 of Schedule 4), (f) any person, in relation to the construction or use of a water supply work for the purposes only of complying with a direction given under the or the State Emergency Service Act 1989 in an emergency (within the meaning of the latter Act), but only if— State Emergency and Rescue Management Act 1989
(i) the person’s compliance with the direction is in accordance with the Act under which it is given, and (ii) the water supply work is removed within 3 months (or such longer period as is approved of in writing by the Minister) after it is constructed, (g) any person, in relation to the construction or use of a water supply work for the control or prevention of soil erosion that is included in a project approved under section 10 of the , for the purpose of giving effect to the project, Soil Conservation Act 1938 (h) any person, in relation to the construction or use of a water supply work for the purpose of carrying out emergency works. (2) An exemption conferred by subclause (1)(c) is subject to a condition that any person claiming the exemption must furnish Water NSW with the following—
(a) a report on the completion of the construction of the exempt monitoring bore not more than 60 days after the completion, (b) any report that the states is to be prepared, not more than 60 days after the event or activity in respect of which the report is to be prepared. Minimum Construction Requirements for Water Bores in Australia
(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) A water supply authority must apply to the Minister for approval of the planning and management documents in relation to the exercise of its functions under the Act.
(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 2020) 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 2020 , 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 (2) The mandatory metering equipment condition does not apply to the following works that are or may be used to take water under a licence or entitlement under the former 1912 Act before the day specified below for the works—
(a) for a work authorised under a licence or entitlement with a number that begins with 80, 85 or 90, 1 December 2021, (b) for a work authorised under a licence or entitlement with a number that begins with 40, 50, 57, 60 or 70, 1 December 2022, (c) for a work authorised under a licence or entitlement with a number that begins with 10, 20 or 30, 1 December 2023,
(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. (1A) If written notice has been given to the Minister under clause 248A, the capacity of the water supply work notified under that clause is relevant for the purposes of subclause (1). (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 professional engineer has the same meaning as in the. Design and Building Practitioners Act 2020 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). (7) The following persons are specified for validating metering equipment installed in connection with an open channel—
(a) a certified meter installer who has experience in using intrusive and non-intrusive flow measurement testing equipment, (b) a certified practising hydrographer who is trained in the use of testing equipment. (8) A certified meter installer who has experience in using intrusive and non-intrusive flow measurement testing equipment is specified for volumetric or simulated testing (in situ accuracy testing) for 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 (3) A duly qualified person who checks metering equipment for accuracy under clause 9 of Schedule 8 must give the person for whom the check is done a certificate, in the approved form and manner, certifying whether or not the maximum permissible error of the metering equipment does or does not exceed plus or minus 5% in the field.
(1) For the Act, section 400(2), the Minister may, at the Minister’s discretion or on the application of an approval holder, exempt an approval holder or a class of approval holders from the application of the mandatory floodplains condition to the holder or the class of holders.
(1) For the Act, section 115, it is a mandatory condition of a water supply work approval that the holder of the approval who captures and stores water using a metered work while the metered work’s point-of-intake metering equipment or storage metering equipment is faulty must comply with this clause. (2) The approval holder must repair the equipment, or cause the equipment to be repaired, within—
(a) 21 days of becoming aware the equipment is faulty, or (b) a further period permitted under this clause.
(1) This clause sets out the applicable requirements for point-of-intake metering equipment for an approved work for clause 238B(2).
(1) This clause sets out the applicable requirements for storage metering equipment for an approved work for clause 238B(2). (2) The storage metering equipment must be installed to determine variation in the water level of water stored in the approved work.
(1) The Minister may adopt a storage curve for a nominated approved work. (2) If the approval holder for the work becomes aware of the adopted storage curve for the work being inaccurate by more than 5% of the volume of the work at a specified water level, the approval holder must within 21 days of becoming aware of the inaccuracy—
(a) notify the Minister, and (b) submit a revised storage curve for the work to the Minister. (3) The approval holder for the work may, at any other time, submit a revised storage curve for the work to the Minister.
(1) A certificate referred to in clauses 238M–238O must be—
(a) in the approved form, and (b) given to the approval holder for the water supply work within 7 days after the certification, validation or checking occurs.
(1) This clause applies to primary metering equipment installed on or before 14 February 2020 on a water supply work nominated for the purpose of measuring water taken or collected under—
(a) a floodplain harvesting (regulated river) access licence, or (b) a floodplain harvesting (unregulated river) access licence.
(1) This clause applies to an approval holder who installed primary metering equipment in accordance with the requirements set out in the equipment guidelines after 14 February 2020 but before the commencement of the amending Regulation for the purpose of measuring water taken or collected under a licence on a water supply work nominated in—
(a) a floodplain harvesting (regulated river) access licence, or (b) a floodplain harvesting (unregulated river) access licence.
(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. (2B) It is a condition of each authority that is the subject of a mandatory metering equipment condition that the holder of the authority must, not more than 14 days after the end of each named month, give to the Minister, in an approved way—
(a) the records made under subclause (2) in relation to water taken during the named month, or (b) if no water was taken as referred to in subclause (2)—a statement indicating that no water was taken during the named month. Note— Section 21 of the defines Interpretation Act 1987 named month as January, February, March, April, May, June, July, August, September, October, November or December.(2C) A holder of an authority does not breach the condition referred to in subclause (2B) for a named month if—
(a) at least 14 days before the beginning of a period that includes the named month, the holder notified the Minister, in an approved way, that the holder did not intend to cause or permit water to be taken as referred to in subclause (2)(a) during the period (a no-take notice ), and(b) the period specified in the no-take notice does not exceed 6 months, and (c) the holder did not take the water during the named month.
(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, not more than 14 days after the end of each named month, give to the Minister, in an approved way, a report under this clause containing the meter readings of the metering equipment at the beginning and end of the named month. Note— Section 21 of the defines Interpretation Act 1987 named month as January, February, March, April, May, June, July, August, September, October, November or December.(3) A holder of an authority does not breach the condition referred to in subclause (2) for a named month if—
(a) at least 14 days before the beginning of a period that includes the named month, the holder notified the Minister, in an approved way, that the holder did not intend to cause or permit water to be taken using the work during the period (a no-take notice ), and(b) the period specified in the no-take notice does not exceed 6 months, and (c) the holder did not take water using the work during the named month.
(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.
(1) This clause applies to the holder of an access licence or an approval who has been directed by the Minister to undertake a compliance audit to the satisfaction of the Minister. (2) The person carrying out the compliance audit must prepare a report on the results of the compliance audit (a compliance audit report ) that includes the following—
(a) an assessment of whether the holder has complied with the compliance requirements, (b) an assessment of how the holder has complied with the compliance requirements, (c) an assessment of the risks of non-compliance with the compliance requirements, (d) recommendations to remedy non-compliance or risks of non-compliance identified in the compliance audit, (e) references to all documents and information considered by the holder and the compliance auditor, if not the holder, in carrying out the compliance audit.
(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