Water Management (General) Regulation 2011



Part 1 Preliminary
1   Name of Regulation
This Regulation is the Water Management (General) Regulation 2011.
2   Commencement
This Regulation commences on 1 September 2011 and is required to be published on the NSW legislation website.
Note—
This Regulation replaces the Water Management (General) Regulation 2004 and the Water Management (Water Supply Authorities) Regulation 2004 which are repealed on 1 September 2011 by section 10 (2) of the Subordinate Legislation Act 1989.
3   Definitions
(1)  In this Regulation:
appointed day means:
(a)  in relation to a category or subcategory of access licence to which Part 2 of Chapter 3 of the Act applies or an entitlement from which such an access licence arises, the day appointed under section 55A of the Act in relation to that category or subcategory of access licence, or
(b)  in relation to a type or kind of approval to which Part 3 of Chapter 3 of the Act applies or an entitlement from which such an approval arises, the day appointed under section 88A of the Act in relation to that type or kind of approval.
Note—
Clause 9 of Schedule 10 to the Act provides that, in certain circumstances, the operation of those Parts is deferred in relation to particular entitlements.
commercial activities means associated commercial activities within the meaning of section 66 (3A) of the Act.
Department means the Department of Trade and Investment, Regional Infrastructure and Services.
Department’s website means the website with the URL of www.water.nsw.gov.au or if no such website exists, the website of the Department.
domestic consumption has the same meaning as it has in section 52 of the Act.
entitlement has the same meaning as it has in Schedule 10 to the Act and includes any arrangement that, immediately before 1 July 2004, was in force between a local council and the Ministerial Corporation.
excluded work means a work referred to in Schedule 1.
exempt monitoring bore means a monitoring bore constructed in accordance with the Minimum Construction Requirements for Water Bores in Australia that is:
(a)  required by an order, or approved voluntary management proposal, under Part 3 of the Contaminated Land Management Act 1997, or
(b)  required by a development consent under Part 4, or the conditions of an approved project under Part 3A or an approval under Part 5.1, of the Environmental Planning and Assessment Act 1979, or required or undertaken as a result of an environmental assessment under Part 5 of that Act, or
(c)  required by a condition of an environment protection licence under the Protection of the Environment Operations Act 1997, or
(e)  constructed and operated only by the Ministerial Corporation.
information system means a system for generating, sending, receiving, storing or otherwise processing electronic communications.
Minimum Construction Requirements for Water Bores in Australia means the document entitled Minimum Construction Requirements for Water Bores in Australia published by the Land and Water Biodiversity Committee, as in force from time to time.
minor stream means:
(a)  any stream or part of a stream:
(i)  the location of which is represented on any of the topographic maps listed in Part 2 of Schedule 2, and
(ii)  that is a first or second order stream, or part of such a stream, as determined in accordance with the system set out in Part 1 of Schedule 2, and
(iii)  which does not maintain a permanent flow of water, being a visible flow which occurs on a continuous basis, or which would so occur if there were no artificial abstractions of water or obstruction of flows upstream, and
(iv)  which does not at any time carry flows emanating from a third, fourth or higher order stream as determined in accordance with the system set out in Part 1 of Schedule 2, and
(b)  any stream or part of a stream the location of which is not represented on a topographic map listed in Part 2 of Schedule 2.
For the purposes of paragraphs (a) (i) and (b), the streams are shown as watercourses on the topographic maps according to the legend.
stock watering has the same meaning as it has in section 52 (3) of the Act.
the Act means the Water Management Act 2000.
the former 1912 Act means the Water Act 1912.
the former 1948 Act means the Rivers and Foreshores Improvement Act 1948.
the former 1994 Act means Division 3 of Part 4 of the Irrigation Corporations Act 1994, as continued in force by clause 21 of Schedule 9 to this Regulation.
water reticulation work means a work (such as a water pipe or irrigation channel) that is constructed or used for the purpose of conveying water to the point at which it is to be used (including a reticulated system of such works and all associated pipes, sluices, valves and equipment), but does not include:
(a)  any work that receives water from a water supply work under the control or management of the Sydney Water Corporation, the Hunter Water Corporation or a local water utility, or
(b)  any work that is also a flood work.
water year means a year commencing 1 July.
(2)  For the purposes of paragraph (c) of the definition of river in the Dictionary to the Act, the following are declared to be a river:
(a)  any watercourse, whether perennial or intermittent, comprising an artificial channel that has changed the course of the watercourse,
(b)  any tributary, branch or other watercourse into or from which a watercourse referred to in paragraph (a) flows,
(c)  Eagle Creek Cutting, from its offtake with the Murray River adjacent to Lot 20, DP 1135384, Easting: 240323, Northing: 6052845, UTM Zone 55 GDA, Parish of Barham, County of Wakool, to its confluence with the Eagle Creek adjacent to Lot 2, DP 218060, Easting: 241231, Northing: 6053511, UTM Zone 55 GDA, Parish of Barham, County of Wakool,
(d)  Waddy Creek Cutting, from its offtake with the Murray River in Lot 1, DP 868793, Easting: 750976, Northing: 6080045, UTM Zone 54 GDA, Parish of Willakool, County of Wakool, to its confluence with the Waddy Creek in Lot 2, DP 868793, Easting: 751915, Northing: 6081546, UTM Zone 54 GDA, Parish of Mellool, County of Wakool.
(3)  Notes and examples in this Regulation do not form part of this Regulation.
cl 3: Am 2012 (29), Sch 1 [1].
Part 2 Access licences
Division 1 General
4   Categories of access licence
(1)  For the purposes of section 57 (1) (l) of the Act, each of the following categories of access licence are prescribed:
(a)  Murrumbidgee Irrigation (conveyance) access licence,
(b)  Coleambally Irrigation (conveyance) access licence,
(c)  floodplain harvesting access licence,
(d)  domestic and stock (conveyance) access licence,
(e)  unregulated river (high flow) access licence,
(f)  regulated river (general security—A class) access licence,
(g)  regulated river (general security—B class) access licence,
(h)  aquifer (general security) access licence,
(i)  unregulated river (special additional high flow) access licence,
(j)  salinity and water table management access licence,
(k)  aquifer (high security) access licence.
(2)  For the purposes of section 57 (2) of the Act, each subcategory specified in Column 2 of Schedule 3 in relation to a category of access licence referred to in Column 1 of that Schedule is a prescribed subcategory of the category so referred to.
cl 4: Am 2011 (522), Sch 1 [1]; 2011 (678), Sch 1 [1]; 2012 (232), Sch 1 [1].
5   Specific purpose access licences
For the purposes of paragraph (e) of the definition of specific purpose access licence in the Dictionary to the Act, each of the following types of access licence is declared to be a specific purpose access licence:
(a)  domestic and stock (conveyance) access licence,
(b)  salinity and water table management access licence.
cl 5: Subst 2011 (678), Sch 1 [2].
6   Priorities between different categories of access licence
(1)  The priorities to be observed in relation to the access licences referred to in section 58 (1) (c) of the Act are that:
(a)  regulated river (conveyance) access licences, Murrumbidgee Irrigation (conveyance) access licences and Coleambally Irrigation (conveyance) access licences:
(i)  have equal priority with each other, and
(ii)  have priority over any other access licences referred to in section 58 (1) (c) of the Act, and
(b)  all other access licences referred to in section 58 (1) (c) of the Act have equal priority with each other.
(2)  Any subcategory of access licence has equal priority with the access licence of which it is a subcategory and with any other subcategory of that licence.
7   Available water determinations
(1)  For the purposes of section 59 (2) of the Act, an available water determination referred to in section 59 (1) (a) of the Act is to be published on the Department’s website.
(2)  An available water determination so published must be retained on the Department’s website until the end of the water year to which it relates.
8   Publication of orders authorising the taking of water pursuant to supplementary water access licence
For the purposes of section 70 (1) of the Act, an order authorising the taking of water pursuant to a supplementary water access licence is to be published on the Department’s website.
9   Applications generally
(1)  An application under Part 2 of Chapter 3 of the Act:
(a)  must be in the approved form, and
(b)  must be signed or otherwise authenticated by each party to the application, and
(c)  must be accompanied by, or make provision for the payment of, the fee payable under section 114 of the Act in relation to the application, and
(d)  must be lodged at, or sent by post to, an office of the Department or lodged electronically as provided by clause 229.
(2)  An application is incomplete unless it includes, or is accompanied by, all information required by the approved form.
Note—
Among other things, certain approved forms relating to dealings require information as to the price paid for water pursuant to the dealing.
(3)  This clause does not apply to an application for the recording of any matter in the Access Register under section 71A of the Act.
10   Applications for specific purpose access licences
For the purposes of section 61 (1) (a) of the Act, an application for the following categories and subcategories of specific purpose access licence may be made:
(a)  a local water utility access licence (subcategory “domestic and commercial”), for the purpose of domestic consumption and commercial activities,
(b)  a domestic and stock access licence (subcategory “domestic”), for the purpose of domestic consumption,
(c)  an unregulated river access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities,
(d)  a regulated river (high security) access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities,
(e)  an aquifer access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities,
(f)  any category of specific purpose access licence (subcategory “Aboriginal cultural”), for Aboriginal cultural purposes.
cl 10: Am 2011 No 62, Sch 1.25 [1].
11   Matters to be included in Water Access Licence Register
(1)  For the purposes of section 71A (1) (h) of the Act, the matters to be recorded in the General Division of the Access Register include any memorandum of terms and conditions:
(a)  that is lodged with the Minister by the holder, or prospective holder, of a security interest, and
(b)  that is, or is intended to be, adopted by or incorporated in an instrument evidencing the existence of a security interest, as referred to in section 71D (1) (a) of the Act.
(2)  For the purposes of section 71A (2) (b) of the Act, the matters to be recorded in the Assignment Division of the Access Register include any agreement in the approved form that is signed by all the holders of an access licence and is submitted to the Minister, being an agreement that the person or persons specified in the agreement may, on behalf of the holders of the access licence, apply for an assignment dealing.
12   Dealings on default
A notice referred to in section 71X (1) (b) of the Act with respect to an access licence to be transferred as a consequence of a default in the payment of a debt or performance of some other obligation under a contract or other legally enforceable arrangement secured by a security interest:
(a)  must indicate:
(i)  that it is a notice under section 71X, and
(ii)  that the holder or co-holder of the licence is in default under the contract or arrangement, as specified in the notice, and
(iii)  that steps must be taken by the holder or co-holder of the licence to rectify the default, as specified in the notice, and
(iv)  that, if those steps are not taken within 30 days after service of the notice, the access licence may be transferred pursuant to that section, and
(b)  must be served on a person in a manner in which a document may be served on a person under section 170 of the Conveyancing Act 1919.
13   Cancellation of specific purpose access licences
For the purposes of section 77A (3) of the Act, the following criteria are prescribed as criteria that the Minister must consider when determining whether the purpose for which a specific purpose access licence was granted no longer exists:
(a)  in the case of an access licence for the supply of water to a location in relation to any activity, whether that activity is still continued at that location or still requires a supply of water,
(b)  in the case of an access licence for the supply of water to a town or community or to some other location for domestic purposes, whether anyone still resides in that town or community or at that location,
(c)  in the case of an access licence for the supply of water to a location for stock purposes, whether there is still any stock at that location,
(d)  in the case of an access licence for the supply of water for any purpose from any water source, whether the water previously supplied for that purpose from that water source is now supplied from some other water source.
14   Register of available water determinations
(1)  The following particulars must be recorded in the register of available water determinations kept under section 84 of the Act in relation to each available water determination made under section 59 of the Act:
(a)  the terms of the determination,
(b)  the date on which it was made,
(c)  the water source or sources (or the parts of the water source or sources) to which it applies,
(d)  in the case of a determination referred to in section 59 (1) (a) of the Act, the categories or subcategories of access licence to which it applies,
(e)  in the case of a determination referred to in section 59 (1) (b) of the Act, the individual access licences to which it applies.
(2)  For the purposes of section 84 (2) of the Act, the register of available water determinations may be kept in written or in electronic form.
(3)  For the purposes of section 84 (3) of the Act, the register of available water determinations is to be made available for public inspection at each office of the Department.
(4)  The Director-General may also make the register of available water determinations, or parts of the register, available on the Department’s website.
15   Water allocation accounts
(1)  Water allocations are to be debited from an access licence’s water allocation account:
(a)  except as provided by paragraph (b), whenever water is taken by means of any of the access licence’s nominated water supply works, or
(b)  if the relevant water sharing plan so provides, whenever water is ordered in relation to any of the access licence’s nominated water supply works.
(2)  If a water supply work is nominated in relation to two or more access licences, water allocations taken by means of, or ordered in relation to, the work are to be debited from the water allocation accounts for those access licences:
(a)  to the extent to which the relevant water sharing provisions of a management plan establish priorities in that regard, in accordance with the priorities so established, and
(b)  to the extent to which the relevant water sharing provisions of a management plan do not establish priorities in that regard:
(i)  subject to subparagraph (ii), as nominated by the holder of the access licences concerned or, if the access licences are held by different people, as nominated jointly by the holders, or
(ii)  if no such nomination is made or if such a nomination is incapable of being implemented, as determined by the Minister.
(3)  Water allocations remaining in a water allocation account at the end of a water year may be carried over to the next water year, but only to the extent that the relevant water management plan permits.
(4)  Subclause (3) is not limited or otherwise affected by any order in force under section 49A (1) of the Act.
16   Claims for compensation
(1)  A claim under section 87 of the Act:
(a)  must be in the approved form, and
(b)  must be signed or otherwise authenticated by the claimant, and
(c)  must be lodged at, or sent by post to, an office of the Department or lodged electronically as provided by clause 229.
(2)  A claim is incomplete unless it includes, or is accompanied by, all information required by the approved form.
17   Access licences arising from former entitlements
Part 2 of Schedule 4 contains particular provisions relating to access licences arising from former entitlements.
Division 2 Exemptions
18   Exemption from requirement for access licence
(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 5, 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 5) 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 15B of Schedule 5 (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.
cl 18: Am 2012 (122), Sch 1 [1].
19   (Repealed)
cl 19: Rep 2011 No 62, Sch 1.25 [2].
20   Security holder’s consent not required for certain dealings
The following are exempt from the requirements of section 71L (1) (c) of the Act:
(a)  the grant of a single access licence arising from an application under section 71U of the Act for the grant of an access licence to give effect to the transfer into the State of an interstate equivalent of an access licence together with an application under section 71P of the Act for consolidation of that licence with another licence,
(b)  an increase in the share or extraction component of an access licence in connection with the assignment of rights under section 71Q of the Act.
21   Exemption from certain requirement concerning registration of security interests in replacement access licences
A person claiming a security interest in a replacement access licence is exempt from the requirement of clause 19 (5) (d) of Schedule 10 to the Act that the person advise the holder of the licence of the existence of the security interest claimed and give written notice of the advice to the Director-General, but only if the licence holder requests the Director-General, in writing, to register the security interest.
Part 3 Approvals
Division 1 General
22   Definition of “aquifer interference activity”
The following activities are prescribed for the purposes of paragraph (d) of the definition of aquifer interference activity in the Dictionary to the Act:
(a)  the extraction of sand,
(b)  the extraction of road base material.
23   Applications generally
(1)  An application under Part 3 of Chapter 3 of the Act:
(a)  must be in the approved form, and
(b)  must, if required by the Minister, include or be accompanied by an assessment of the likely impact of the water use, work or activity concerned, and
(c)  must be signed or otherwise authenticated by each party to the application, and
(d)  if the application is an application for a controlled activity approval (or the extension of such an approval), must be signed by the owner of the land on which the activity is to take place, and
(e)  must be accompanied by, or make provision for the payment of, the fee payable under section 114 of the Act in relation to the application, and
(f)  must be lodged at, or sent by post to, an office of the Department or lodged electronically as provided by clause 229.
(2)  An application is incomplete unless it includes, or is accompanied by, all information required by the approved form.
(3)  An assessment referred to in subclause (1) (b) must be prepared in accordance with requirements (if any) issued by the Minister.
24   Advertising of applications for approvals
(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.
(2)  An application referred to in subclause (1) (a) does not have to be advertised (unless so required 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 Mining Act 1992 or the 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.
(3)  An application referred to in subclause (1) (a) (i) does not have to be advertised (unless so required by a management plan referred to in subclause (1) (c)) if the water supply work concerned:
(a)  is to be used solely for taking or using water pursuant to a replacement access licence arising under Division 9, 11, 12 or 13 of Part 2 of Schedule 4, and
(b)  was in existence at the time the relevant replacement access licence came into force.
(4)  An application referred to in subclause (1) (b) does not have to be advertised (unless so required by a management plan referred to in subclause (1) (c)) if the land to which the application relates is land in respect of which a replacement access licence has arisen under Division 9, 11, 12 or 13 of Part 2 of Schedule 4.
(5)  An application for an approval must be advertised by the Minister by means of a notice published:
(a)  in a local newspaper, and
(b)  in a newspaper circulating among such Aboriginal communities as could be affected by the granting of such an approval, and
(c)  on the Department’s website.
(6)  The notice must contain the following information:
(a)  the name of the applicant,
(b)  the type of approval to which the application relates,
(c)  particulars indicating the location to which the application relates,
(d)  in the case of a water supply work approval, the capacity of the work and the water source and stream from which the work is proposed to take water,
(e)  in the case of a water use approval, the purpose for which water is to be used under the approval,
(f)  the form in which any objection against the application should be made for the purposes of section 93 of the Act,
(g)  the address to which, and the time by which, any such objection should be made,
(h)  the name and contact details for the relevant departmental officer.
25   Procedure for making objection to granting of approval
For the purposes of section 93 (1) of the Act, an objection to the granting of an approval:
(a)  must be in writing or in electronic form, and
(b)  must be signed or otherwise authenticated by the objector, and
(c)  must contain the name and address of the objector, and
(d)  must, within 28 days after the notice was first published, be lodged at, or sent by post to, the address specified in the notice referred to in clause 24 (6) (g) or, if in electronic form, lodged electronically as provided by clause 229, and
(e)  must specify the grounds of the objection.
26   Matters affecting consideration of applications
For the purposes of section 96 (a) of the Act, the matters to be taken into consideration by the Minister in considering whether or not to grant an aquifer interference approval include whether the amount of water taken in the course of carrying out the aquifer interference activity to which the approval relates will exceed the total extraction limit for the aquifer set out in any relevant management plan.
27   Register of approvals
(1)  For the purposes of section 113 (2) of the Act, the register kept under that section may be kept in written or in electronic form.
(2)  For the purposes of section 113 (3) of the Act, the register kept under that section is to be made available for public inspection at each office of the Department.
(3)  The Director-General may also make the register, or parts of the register, available on the Department’s website.
28   Security for fulfilment of obligations under approvals
(1)  An approval may be granted subject to a condition to the effect that, before commencing the construction of any work or the carrying out of any activity, the holder of the approval must provide the Minister with security for the cost of performing the holder’s obligations under the approval in the event that the holder fails to perform those obligations.
(2)  The security is to be for such reasonable amount as is determined by the Minister and specified in the condition as to security.
(3)  The security may be provided, at the choice of the holder, by way of a deposit with the Minister (a security deposit) or a guarantee satisfactory to the Minister.
(4)  The Minister may retain a security deposit until satisfied that the holder of the approval has fulfilled the holder’s obligations under the approval.
(5)  A security deposit may be paid out, or a guarantee may be enforced, to meet the cost of performing the holder’s obligations under the approval. Any balance of a security deposit remaining is to be refunded to, or at the direction of, the person who provided the security, together with any interest accrued on the deposit as a consequence of its investment.
(6)  Obligations under an approval that are required to be fulfilled after the period for which the approval remains in force do not cease merely because the approval ceases to be in force.
(7)  A security deposit may be retained and dealt with under this clause, and a guarantee may be enforced, even though the approval is no longer in force.
(8)  A person who has deposited an amount under this clause is entitled to a refund of the amount together with any interest accrued on the deposit as a consequence of its investment (less any amount paid out under this clause) if the person makes a written request to the Minister that satisfies the Minister that all obligations under the approval have been fulfilled.
29   Approvals arising from former entitlements, and certain deemed approvals
Part 3 of Schedule 4 contains particular provisions relating to approvals arising from former entitlements, and approvals for formerly unlicensed water bores in the Great Artesian Basin.
Division 2 Exemptions
Subdivision 1 Preliminary
30   Definition
In this Division:
public authority does not include Landcom or the Superannuation Administration Corporation or any of their subsidiaries.
Subdivision 2 Exemption from requirement for water use approval
31   Exemption where the taking of the water is also exempt
(1)  A person who is exempt under clause 18 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 5 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.
(2)  An exemption conferred by this clause that relates to an exemption under clause 18 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.
(3)  An exemption conferred by this clause in respect of an exemption under clause 18 with respect to approved watering for basic human water needs (within the meaning of clause 14 of Schedule 5) ceases to apply at the same time as the exemption ceases to apply under clause 18 (4).
(4)  An exemption conferred by this clause in respect of an exemption under clause 18 with respect to the taking of water for the purposes and in the circumstances specified in clause 15B of Schedule 5 (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 use of water the subject of the exemption.
cl 31: Am 2012 (122), Sch 1 [2].
32   Water used for particular purposes
A person is exempt from section 91A (1) of the Act in relation to the use of water if the water is used for any of the following purposes:
(a)  the use of water for a purpose for which a development consent is in force under the Environmental Planning and Assessment Act 1979, other than the use of water for power generation by a major utility,
(b)  the use of water for domestic consumption and stock watering,
(c)  the use of water by, or on behalf of, the holder of a specific purpose access licence for Aboriginal cultural purposes for any purpose for which water may be taken under the licence,
(d)  the use of water for an environmental purpose in accordance with a plan approved by the Minister under section 8E (7) of the Act.
33   Aquifer interference in connection with mining
A person who is engaged in an aquifer interference activity in connection with the mining or extraction of any material is exempt from section 91A (1) of the Act in relation to the using of water from an aquifer if the water is used in accordance with an aquifer interference approval with respect to that activity.
Subdivision 3 Exemption from requirement for water supply work approval
34   Exemptions relating only to construction of water supply works
(1)  A person is exempt from section 91B (1) of the Act in relation to the construction of any of the following water supply works:
(a)  a water supply work constructed for the purpose of prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991 and for no other purpose,
(b)  the construction of a water pipe for use solely for conveying water from one place to another,
(c)  the construction of a water reticulation work on land the subject of a water use approval.
(2)  Subclause (1) does not apply to a water supply work constructed on any of the following land:
(a)  land declared to be critical habitat under Part 3 of the Threatened Species Conservation Act 1995 or Division 3 of Part 7A of the Fisheries Management Act 1994,
(b)  land that is a heritage conservation area within the meaning of an environmental planning instrument that applies to the land under the Environmental Planning and Assessment Act 1979,
(c)  land that is an Aboriginal place within the meaning of the National Parks and Wildlife Act 1974,
(d)  land that is reserved for any purpose under the National Parks and Wildlife Act 1974,
(e)  land the subject of a conservation agreement in force under section 69B of the National Parks and Wildlife Act 1974,
(f)  land the subject of a property vegetation plan in force under Part 4 of the Native Vegetation Act 2003,
(g)  land within a State forest within the meaning of the Forestry Act 1916,
(j)  waterfront land (other than waterfront land relating to a minor stream).
35   Exemptions relating only to use of water supply works
A person is exempt from section 91B (1) of the Act in relation to the use of any of the following water supply works if the work is used for any of the purposes, and in the circumstances, specified in relation to the work:
(a)  a water supply work used for the purpose of prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991,
(b)  a water storage work, water reticulation work or water impounding work that was in use before 1 July 2004 to convey or impound water taken pursuant to:
(i)  an entitlement, or
(ii)  (the previously repealed) section 7 (7) of the former 1912 Act,
that is used pursuant to that entitlement for a purpose permitted by that entitlement, or for a purpose permitted by section 7 (7),
(c)  a water reticulation work used for the purpose of conveying water to land:
(i)  the subject of a water use approval, or
(ii)  the use of water on which does not require a water use approval,
(d)  a hydro-electric power station that is operated in connection with a water supply work owned by State Water Corporation or the Ministerial Corporation, and is authorised by that Corporation to be so operated, but only if:
(i)  the water taken by the work is used for the purpose of generating hydro-electric power, and
(ii)  the water taken by the work is returned to the same water source from which it was taken, and
(iii)  the returned water is of the same quality as it was when it was taken (in terms of chemical composition, temperature, sediment content and salinity).
36   Exemptions relating to both construction and use of water supply works
(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 5),
(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 State Emergency Service Act 1989 or the State Emergency and Rescue Management Act 1989 in an emergency (within the meaning of the latter Act), but only if:
(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.
(2)  An exemption conferred by subclause (1) (e) is subject to a condition that any person claiming the exemption must, if required to do so by an authorised officer, produce the approved watering program required by the exemption, immediately or within the period, and at the place, specified by the officer.
(3)  An exemption conferred by subclause (1) (e) ceases to apply at the same time as the exemption under clause 18 (4) ceases to apply in respect of the taking of the water for approved watering for basic human water needs.
(4)  An exemption conferred by subclause (1) (f) 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 construction or use of the water supply work the subject of the exemption.
cl 36: Am 2012 (122), Sch 1 [3] [4].
Subdivision 4 Exemption from requirement for controlled activity approval
37   Condition applying to all exemptions under this Subdivision
An exemption conferred under this Subdivision is subject to the condition that the person by whom the relevant controlled activity is carried out must comply with applicable requirements (if any) of the Minister that are published in the Gazette, or notified in writing to the person, for the purposes of this clause and that are for the protection of:
(a)  the waterfront land on which the activity is carried out, or
(b)  any river, lake or estuary to which that land has frontage.
38   Controlled activities—public authorities
A public authority is exempt from section 91E (1) of the Act in relation to all controlled activities that it carries out in, on or under waterfront land.
39   Controlled activities—persons other than public authorities
A person (other than a public authority) is exempt from section 91E (1) of the Act in relation to controlled activities specified in Part 2 of Schedule 5 that are carried out in, on or under waterfront land.
40   Network operators
A network operator licensed or authorised under the Water Industry Competition Act 2006 or the Gas Supply Act 1996, or a licensee under the Pipelines Act 1967 (a pipeline licensee), is exempt from section 91E (1) of the Act in relation to the construction, modification, repair or maintenance of, or emergency work on:
(a)  in the case of a network operator, the network operator’s water or gas infrastructure, and
(b)  in the case of a pipeline licensee, the pipeline the subject of the licence and its associated infrastructure,
being activities:
(c)  that are carried out in, on or under waterfront land relating to a river, estuary or lake (other than in or on the bed or banks of a river, the bed or shore of a lake, or the bed or land lying between the bed and the mean high water mark of an estuary), and
(d)  that do not cause any change in the course of the river, and
(e)  the environmental impact of which has been considered under section 111 of the Environmental Planning and Assessment Act 1979 (or is exempt from the need for such consideration under section 110E of that Act).
Subdivision 5 Exemption from operation of section 106
41   Exemption from operation of section 106
Section 106 of the Act does not apply to:
(a)  a water management work approval for a work used by a person referred to in clause 2, 4, 5 or 6 of Schedule 5 solely for taking water for a purpose for which the person is exempted by clause 19 from the requirement for an access licence, or
(b)  a water use approval for the use of water for such a purpose.
Part 4 Irrigation corporations
Division 1 Inclusion of land within irrigation corporation’s area of operations
42   Applications to include land within area of operations
(1)  An application under section 128 of the Act must be in the approved form.
Note—
Section 128 (2) of the Act requires an application to identify the land to be included in an irrigation corporation’s area of operations.
(2)  An application under section 128 of the Act with respect to land that is more than 15 per cent of the irrigation corporation’s existing area of operations must be advertised by the Minister by means of a notice published:
(a)  in a local newspaper, and
(b)  on the Department’s website.
(3)  The notice must contain the following information:
(a)  the name of the applicants,
(b)  the name of the irrigation corporation within whose area of operations the application seeks to include land,
(c)  the purpose of the application (that is, to seek the inclusion of the land to which the application relates within the irrigation corporation’s area of operations),
(d)  the area of the land to which the application relates,
(e)  the general location of the land (by lot and deposited plan number or by such other description as formally identifies the land),
(f)  the address to which, and the time by which, objections to the application should be made for the purposes of section 129 of the Act.
43   Objections to inclusion of land within area of operations
For the purposes of section 129 of the Act, an objection to the inclusion of land within an irrigation corporation’s area of operations:
(a)  must be in writing, and
(b)  must be signed or otherwise authenticated by the objector, and
(c)  must contain the name and address of the objector, and
(d)  must be lodged at, or sent by post to, the address specified in the notice, as referred to in clause 42 (3) (f), or lodged electronically as provided by clause 229, within 28 days after the notice was first published, and
(e)  must specify the grounds of the objection.
Division 2 Exclusion of land from irrigation corporation’s area of operations
44   Applications to exclude land from area of operations
(1)  An application under section 132 of the Act must be in the approved form.
Note—
Section 132 (2) of the Act requires an application to identify the land to be excluded from an irrigation corporation’s area of operations.
(2)  An application under section 132 of the Act with respect to land that is more than 15 per cent of the irrigation corporation’s existing area of operations must be advertised by the Minister by means of a notice published:
(a)  in a local newspaper, and
(b)  on the Department’s website.
(3)  The notice must contain the following information:
(a)  the name of the applicants,
(b)  the name of the irrigation corporation from whose area of operations the application seeks to exclude land,
(c)  the purpose of the application (that is, to seek the exclusion of the land to which the application relates from the irrigation corporation’s area of operations),
(d)  the area of the land to which the application relates,
(e)  the general location of the land (by lot and deposited plan number or by such other description as formally identifies the land),
(f)  the address to which, and the time by which, objections to the application should be made for the purposes of section 133 of the Act.
45   Objections to exclusion of land from area of operations
For the purposes of section 133 of the Act, an objection to the exclusion of land from an irrigation corporation’s area of operations:
(a)  must be in writing, and
(b)  must be signed or otherwise authenticated by the objector, and
(c)  must contain the name and address of the objector, and
(d)  must be lodged at, or sent by post to, the address specified in the notice, as referred to in clause 44 (3) (f), or lodged electronically as provided by clause 229, within 28 days after the notice was first published, and
(e)  must specify the grounds of the objection.
Part 5 Elections
Division 1 Definitions
46   Definitions
(1)  In this Part:
calling of the ballot for an election means the date on which a notice is first published for the election under clause 69.
calling of the election for an election means the date on which a notice is published for the election under clause 64.
close of enrolments for an election means the final time and date fixed by the returning officer for the close of enrolments in the election.
close of exhibition of the roll for an election means the final time and date fixed by the returning officer for the exhibition of the roll in the election.
close of nominations for an election means the final time and date fixed by the returning officer for the close of nominations in the election.
close of the ballot for an election means the final time and date fixed by the returning officer for the close of the ballot for the election.
election means:
(a)  an election of members of a private irrigation board referred to in Part 2 of Chapter 4 of the Act, or
(b)  an election of directors of a private drainage board referred to in Part 3 of Chapter 4 of the Act, or
(c)  an election of members of a private water trust referred to in Part 4 of Chapter 4 of the Act.
final roll for an election means the roll prepared by the returning officer under Subdivision 2 of Division 6.
preliminary roll for an election means the roll prepared by the returning officer under clause 58.
returning officer means:
(a)  in the case of an election of members of a private irrigation board—the person appointed under clause 57 to be the returning officer for the election, and
(b)  in the case of an election of directors of a private drainage board or of members of a private water trust—the person appointed under clause 56 to be the returning officer for the election.
(2)  In this Part, a reference to a Form is a reference to a Form set out in Schedule 6.
Division 2 Division of private irrigation districts into zones
47   Division of private irrigation districts into zones
(1)  For the purposes of the first election of members of a private irrigation board, the Minister may divide a private irrigation district into zones.
(2)  For the purposes of the second and any later election of members of a private irrigation board, the private irrigation board may divide a private irrigation district into zones.
(3)  If a private irrigation district is divided into zones, the Minister or the board must:
(a)  subject to section 148 (3) of the Act, determine the number of members to be elected by the voters of each zone, and
(b)  show the zones on the plan of the private irrigation district exhibited as referred to in section 143 (3) (c) of the Act.
Division 3 Eligibility to be elected
48   Eligibility for election as a member of a private irrigation board
A person (including a corporation) is eligible to be elected as a member of a private irrigation board if the person is entitled to vote in the election.
49   Eligibility for election as director of a private drainage board
(1)  A person is eligible to be elected as director of a private drainage board if the person is entitled to vote in the election.
(2)  However, a person is ineligible for election if the person:
(a)  has not before nomination paid all moneys that were at any time before the end of the month preceding that in which nomination day falls, due by the person to the board, or
(b)  has been convicted in New South Wales of a serious indictable offence or has been convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be a serious indictable offence.
50   Eligibility for election as member of a private water trust
(1)  A person is eligible to be elected as a member of a private water trust if the person is entitled to vote in the election.
(2)  However, a person who has been convicted of any serious indictable offence is ineligible to be elected as a member of a private water trust or to act as a member of a private water trust.
Division 4 Entitlement to vote
51   Persons entitled to vote in election of members of a private irrigation board
(1)  A person is entitled to vote in an election of members of a private irrigation board if the person is an owner of land within the private irrigation district of that board.
(2)  Except as provided by subclauses (3) and (4), at any such election:
(a)  the owner of a non-irrigated holding is entitled to one vote, and
(b)  the owner of an irrigated holding is entitled to:
(i)  2 votes if the area irrigated does not exceed 80 hectares, or
(ii)  3 votes if the area irrigated exceeds 80 hectares.
(3)  At an election for the West Corurgan Private Domestic and Stock Water Supply and Irrigation District:
(a)  the owner of a non-irrigated holding is entitled to one vote, and
(b)  the owner of an irrigated holding is entitled to:
(i)  2 votes if the quantity of water allocated to the holding does not exceed 200 megalitres, or
(ii)  3 votes if the quantity of water allocated to the holding exceeds 200 megalitres.
(4)  At an election for the Narromine Private Domestic and Stock Water Supply and Irrigation District:
(a)  the owner of a non-irrigated holding is entitled to one vote, and
(b)  the owner of an irrigated holding is entitled to:
(i)  2 votes if the allocation does not exceed 150 megalitres, and
(ii)  if the allocation exceeds 150 megalitres, 2 votes, and one additional vote for each 150 megalitres by which the allocation exceeds 150 megalitres, but only to a maximum of 10 votes.
52   Persons entitled to vote in election of directors of a private drainage board
(1)  A person is entitled to vote in an election of directors of a private drainage board if the person is the owner of land within the drainage district of that board.
(2)  At any such election:
(a)  the owner of land not exceeding 20 hectares is entitled to one vote, and
(b)  the owner of land exceeding 20 hectares but not exceeding 120 hectares is entitled to 2 votes, and
(c)  the owner of land exceeding 120 hectares is entitled to 3 votes.
(3)  If the Crown is in the roll of voters the votes may be exercised by:
(a)  any director appointed to the board by the Minister, or
(b)  if a director has not been appointed to the board by the Minister, by a public servant authorised in writing for that purpose by the Ministerial Corporation.
53   Persons entitled to vote in election of members of a private water trust
(1)  A person is entitled to vote in an election of members of a private water trust if the person is the owner of land within the water supply district of the trust.
(2)  At an election of members of a private water trust placed in charge of irrigation works, or works for the prevention of floods or the control of floodwaters within the Murray Basin:
(a)  the owner of an area of land not exceeding 20 hectares is entitled to one vote, and
(b)  the owner of an area of land exceeding 20 hectares, but not exceeding 120 hectares, is entitled to 2 votes, and
(c)  the owner of an area of land exceeding 120 hectares is entitled to 3 votes.
(3)  At an election of members of a private water trust in charge of water supplies for domestic and stock purposes:
(a)  the owner of an area of land not exceeding 800 hectares is entitled to one vote, and
(b)  the owner of an area of land exceeding 800 hectares, but not exceeding 4,000 hectares, is entitled to 2 votes, and
(c)  the owner of an area of land exceeding 4,000 hectares is entitled to 3 votes.
(4)  A person who is entitled to vote under this clause may by instrument in writing authorise the trustees to place on the roll of voters the name of some other person instead of the person’s own name. In such a case, the name of the other person is to be placed on the roll instead of the name of the person.
(5)  For the purposes of this clause, a person whose name is on the roll pursuant to an authority of the owner of a property is to be taken to be the owner of the area of land included in the property.
54   No other persons entitled to vote
A person is entitled to vote in an election only if:
(a)  the person has an entitlement set out in this Division, and
(b)  as at the close of enrolments, the person’s name is included in the final roll for the election.
55   Enrolment of representatives
(1)  If land is owned:
(a)  by a corporation—the corporation is taken to be included in the final roll for an election only if the secretary of the corporation or some other nominee is included in that roll as the representative of the corporation, or
(b)  by more than one trustee or legal personal representative (whether as administrators or executors) on behalf of the estate of a person—the trustees are, or the estate is, taken to be included in the final roll for an election only if a nominee of those trustees or legal personal representatives is so included in that roll as the representative of the trustees or estate.
(2)  Only one person may be nominated to vote in the election as a representative of the corporation, trustees or estate concerned.
Division 5 Returning officer
56   Returning officer for election of members of a private water trust or directors of a private drainage board
(1)  For the purpose of an election of members of a private water trust or directors of a private drainage board, the returning officer is the person appointed by the trust or board (as the case requires) to be the returning officer for the election.
(2)  Without limiting subclause (1), the secretary of a private drainage board may be appointed as the returning officer for an election.
57   Returning officer for election of members of a private irrigation board
(1)  For the purposes of the first election of members of a private irrigation board after the commencement of section 149 of the Act, the Minister is to appoint a returning officer.
(2)  For the purpose of any other election of members of a private irrigation board, the returning officer is to be appointed by the board.
(3)  Without limiting subclause (2), the secretary of a private irrigation board may be appointed as the returning officer for an election.
Division 6 Rolls
Subdivision 1 Preparation and exhibition of preliminary roll
58   Preparation of preliminary roll
(1)  The returning officer for an election must prepare and keep:
(a)  a preliminary roll of the persons who, in the opinion of the returning officer, are eligible to vote in the election, and
(b)  an appropriately addressed label or an appropriately addressed envelope for each person whose name is included in that roll.
(2)  The preliminary roll:
(a)  must contain the names and last known addresses of each sole owner of land within the district, and
(b)  if there is more than one owner of any such land—must contain the name and last known address of any one of them who was, by notice in writing given to the returning officer, last nominated for the purposes of this paragraph by all the owners of the land, and
(c)  must describe the area of land held by each, and
(d)  must contain the number of votes to which each is entitled, and
(e)  must be certified by the returning officer in accordance with Form 1.
(3)  This clause does not apply to an election held as a consequence of an earlier election that has failed if a preliminary roll for the earlier election has already been prepared by the returning officer.
59   Exhibition of preliminary roll
The returning officer must cause copies of the preliminary roll to be exhibited for public inspection:
(a)  at the places where applications for enrolment and objections against enrolment may be lodged, and
(b)  for a period of at least 14 days.
Subdivision 2 Preparation of final roll
60   Applications for enrolment by persons not already enrolled
(1)  A person whose name does not appear on the preliminary roll for an election may apply for enrolment in the final roll for the election.
(2)  The application must be in Form 2 and must be lodged with the returning officer before the close of enrolments.
(3)  On receipt of the application, the returning officer:
(a)  if satisfied that the applicant is entitled to vote, must accept the application and enter the name and address of the applicant in the final roll, or
(b)  if not so satisfied, must reject the application and inform the applicant in writing that the application has been rejected, or
(c)  if the application is not in the proper form or is incomplete, must return the application for correction or completion and consider the duly corrected or completed application in accordance with this clause.
61   Objections to enrolment
(1)  Before the close of enrolments, the returning officer and any person who is entitled to vote in an election may object to the inclusion of the name of any person in the final roll.
(2)  An objection:
(a)  must be in Form 3, and
(b)  must state the grounds on which it is made, and
(c)  must be signed by the objector, and
(d)  must be lodged with the returning officer.
(3)  The returning officer must send particulars of an objection to the person to whom the objection relates.
(4)  The person to whom an objection relates may lodge a written reply with the returning officer within 14 days after the date on which particulars of the objection were sent to that person.
(5)  The returning officer must consider each objection, and any reply received within that 14-day period, and may make such inquiries as the returning officer thinks fit.
(6)  The returning officer may accept or reject an objection.
(7)  If the returning officer accepts an objection, the returning officer must exclude from the final roll for the election the name of the person to whom the objection relates and must inform that person and the objector, in writing, that the person’s name is so excluded.
(8)  If the returning officer rejects an objection, the returning officer must notify the person to whom the objection relates and the objector, in writing, that the returning officer has rejected the objection.
(9)  The returning officer may require a person who lodges an objection, or who replies to an objection, to verify the objection or reply by statutory declaration.
(10)  For the purpose of enabling the returning officer to make a decision to accept or reject an objection to the inclusion of the name of a person in the final roll, the returning officer may require a person to furnish the returning officer with such information regarding the person objected to as the returning officer may specify.
62   Postponement of ballot not to affect final roll
The validity of the final roll for an election is not affected by the postponement of the close of the ballot by a notice published after the close of exhibition of the roll, and the roll remains the final roll for the election.
Division 7 Calling of the election
63   Final roll must be prepared before election called
(1)  The final roll in relation to an election must be prepared in accordance with Division 6 before the calling of an election.
(2)  This clause does not apply to an election held as a consequence of an earlier election that has failed if a final roll for the earlier election has already been prepared by the returning officer.
64   Notice of election
(1)  The returning officer must fix a time and place for an election and cause notice of that fact:
(a)  to be posted to every person eligible to vote at the election, or
(b)  to be published in a newspaper circulating generally throughout the relevant board or trust’s district.
(2)  The notice:
(a)  must state that an election is to be held for the purpose specified, and
(b)  must call for nominations of candidates, and
(c)  must specify the date (the nomination day) and time for the close of nominations, and
(d)  must advise where nomination forms can be obtained, and
(e)  must advise where nominations may be lodged, and
(f)  must, in the case of a notice sent to eligible voters, contain a nomination form, and
(g)  must advise when and where the final roll for the election will be available on public exhibition.
(3)  The time specified in the notice for the close of nominations must be at least 14 days after notice is given.
65   Postponement of nomination day
(1)  Despite clause 64 (3), the returning officer may postpone the nomination day for a period not exceeding 14 days by a notice in a form similar to, and published in the same manner as, a notice referred to in clause 64 (1).
(2)  The power conferred on the returning officer by this clause may be exercised more than once in respect of an election.
Division 8 Nominations
66   Eligibility for nomination
Any person is eligible for nomination as a candidate for election if the person is eligible, under Division 3, to be elected.
67   Nomination of candidates
(1)  A nomination of a candidate:
(a)  must be in Form 4, and
(b)  must be made by at least 2 persons (other than the candidate) who each are eligible to vote in the election, and
(c)  must be endorsed with, or accompanied by, the consent of the nominee, and
(d)  must be lodged with the returning officer before the close of nominations.
(2)  If the returning officer is of the opinion that an insufficient number of persons by whom a candidate has been nominated are eligible to nominate a candidate, the returning officer must, as soon as practicable, cause notice of that fact to be given to the candidate.
(3)  A candidate who has been nominated in an election may withdraw the nomination at any time before the close of nominations by notice in writing addressed to the returning officer.
68   Uncontested elections
If the number of persons who have been duly nominated as candidates by the close of nominations does not exceed the number of persons to be elected, each of those persons is taken to have been elected.
69   Contested elections
If the number of persons who have been duly nominated as candidates by the close of nominations exceeds the number of persons to be elected, a ballot must be held.
Division 9 Calling of the ballot
70   Notice of ballot
(1)  As soon as practicable after it becomes apparent to the returning officer that a ballot is required to be taken in respect of an election, the returning officer must cause notice that a ballot is to be taken:
(a)  to be published in at least one newspaper circulating locally in the area to which the election relates, or
(b)  to be sent by post to each person whose name is included in the final roll at the address shown on the roll.
(2)  The notice:
(a)  must state that a ballot is to be taken, and
(b)  must fix a time and date for the close of the ballot, and
(c)  must, in the case of a notice in a newspaper, advise where copies of the final roll will be exhibited.
(3)  The notice must also state that it is compulsory for persons who wish to vote in the election to be enrolled in the final roll for the election.
(4)  The close of the ballot must not be earlier than 28 days after the calling of the ballot.
71   Postponement of ballot
(1)  The returning officer may postpone (for a period not exceeding 14 days) the close of the ballot by a notice published in the same way as the notice stating that a ballot is to be held.
(2)  The power conferred on the returning officer by this clause may be exercised more than once in respect of an election.
Division 10 The ballot
72   Printing of ballot-papers
(1)  As soon as practicable after the close of enrolments in an election, the returning officer:
(a)  must determine the order in which the candidates’ names are to be listed on a ballot-paper by means of a lot, and
(b)  must cause sufficient ballot-papers to be printed to enable a ballot-paper to be sent to each person included in the final roll for the election.
(2)  A ballot-paper for an election must contain:
(a)  the names of the candidates arranged in the order determined in accordance with subclause (1) (a), with a small square set opposite each name, and
(b)  if the returning officer considers that the names of 2 or more of the candidates are so similar as to cause confusion, such other matter as the returning officer considers will distinguish between the candidates, and
(c)  such directions as to the manner in which a vote is to be recorded and returned to the returning officer as the returning officer considers appropriate.
(3)  The directions to voters must include a direction that the voter must record a vote by placing a cross in the square set opposite the name of each candidate for whom he or she votes.
73   Distribution of ballot-papers
As soon as practicable after the printing of the ballot-papers for an election, the returning officer must send to each person included in the final roll for the election:
(a)  a ballot-paper that is initialled by the returning officer, and
(b)  an unsealed envelope (the voter’s envelope) addressed to the returning officer and bearing on the back the words “NAME AND ADDRESS OF VOTER” and “SIGNATURE OF VOTER”, together with appropriate spaces for the insertion of a name, address and signature, and
(c)  another unsealed envelope (the posting envelope) that:
(i)  is large enough to accommodate the voter’s envelope if that envelope is folded, and
(ii)  is addressed to the returning officer, and
(iii)  is reply-paid.
74   Duplicate ballot-papers
(1)  At any time before the close of the ballot, the returning officer may issue to a voter a duplicate ballot-paper and envelope if the voter satisfies the returning officer by statutory declaration:
(a)  that the original ballot-paper has been spoilt, lost or destroyed, and
(b)  that the voter has not already voted in the election to which the ballot-paper relates.
(2)  The returning officer must maintain a record of all duplicate ballot-papers issued under this clause.
75   Recording of votes
In order to vote in an election, a person:
(a)  must record a vote on the ballot-paper in accordance with the directions shown on it, and
(b)  must vote for no more than the number of persons to be elected, and
(c)  must place the completed ballot-paper (folded so that the vote cannot be seen) in the voter’s envelope, and
(d)  must seal the voter’s envelope, and
(e)  must complete the person’s full name and address on, and must sign, the back of the voter’s envelope, and
(f)  must seal the voter’s envelope in the posting envelope, and
(g)  must return the envelopes to the returning officer so as to be received before the close of the ballot.
Division 11 The scrutiny
76   Receipt of ballot-papers
(1)  The returning officer must reject (without opening it) any voter’s envelope purporting to contain a ballot-paper if the envelope is not received before the close of the ballot or is received unsealed.
(2)  The returning officer must examine the name on the back of the voter’s envelope and, without opening the envelope:
(a)  must accept the ballot-paper in the envelope for further scrutiny and draw a line through the name on the roll that corresponds to the name on the back of the envelope, if satisfied that a person of that name is included in the final roll for the election, or
(b)  must reject the ballot-paper in the envelope, if not so satisfied or if a name, address or signature does not appear on the back of the envelope.
(3)  The returning officer may reject a ballot-paper without opening the voter’s envelope if, after making such inquiries as the returning officer thinks fit:
(a)  the returning officer is unable to identify the signature on the back of the envelope, or
(b)  it appears to the returning officer that the signature on the back of the envelope is not the signature of the person whose name and address appear on the back of the envelope.
77   Ascertaining result of ballot
The result of a ballot is to be ascertained by the returning officer as soon as practicable after the close of the ballot.
78   Poll clerks
(1)  The returning officer may appoint poll clerks if required.
(2)  A candidate must not be a poll clerk.
79   Scrutineers
(1)  Each voter in a ballot is entitled to request, by notice in writing given to the returning officer at any time after the close of enrolments for the ballot, the appointment of a person specified in the notice (who may, but need not, be the voter concerned) as a scrutineer for the purposes of the ballot.
(2)  The returning officer may appoint a maximum of 10 persons as scrutineers for a ballot.
(3)  The persons are to be appointed in the order in which the requests for their appointments were received by the returning officer in accordance with subclause (1).
(4)  A person must not be appointed as a scrutineer unless the person consents to the appointment.
(5)  A candidate must not be appointed as a scrutineer.
(6)  A scrutineer’s functions include scrutinising the receipt of ballot-papers under clause 76.
80   Scrutiny of votes
(1)  The scrutiny of votes in a ballot is to be conducted as follows:
(a)  the returning officer is to produce, unopened, the voter’s envelopes containing the ballot-papers accepted for scrutiny,
(b)  in the case of an election of members of a private irrigation board—the returning officer is to ascertain the zone to which the vote relates (where applicable) and place the voter’s envelope with other such envelopes for that zone,
(c)  the returning officer is then to open each such envelope, extract the ballot-paper and (without unfolding it) place it in an appropriate box or other container, with (in the case of an election of members of a private irrigation board) separate boxes or other containers for each zone (where applicable),
(d)  when the ballot-papers from all the voter’s envelopes have been placed in the box or other container, the returning officer is then to open the box or other container and remove the ballot-papers,
(e)  the returning officer is then to examine each ballot-paper and reject those that are informal,
(f)  the returning officer is then to proceed to count the votes and ascertain the result of the election.
(2)  At the scrutiny of votes in a ballot, a ballot-paper must be rejected as informal if:
(a)  it is not initialled by the returning officer, or
(b)  it has on it any mark or writing that the returning officer considers could enable any person to identify the voter who completed it, or
(c)  it has not been completed in accordance with the directions shown on it.
(3)  A ballot-paper is not to be rejected as informal merely because of any mark or writing on it that is not authorised or required by this Regulation if, in the opinion of the returning officer, the voter’s intention is clearly indicated on the ballot-paper.
81   Counting of votes
The result of a ballot for an election must be ascertained (zone by zone, where applicable) by the returning officer as follows:
(a)  if there is one person to be elected in the election—the candidate who received the highest number of votes is to be declared to be elected,
(b)  if there are 2 or more persons to be elected in the election—the candidates, not exceeding in number the number of persons to be elected, who received the highest number of votes are to be declared to be elected,
(c)  if there is an equality of votes—the returning officer is to determine by lot the candidate to be elected.
82   Notice of result of election
(1)  As soon as practicable after a candidate in an election has been elected, the returning officer must notify the Minister in writing of the name of the candidate elected.
(2)  As soon as practicable after declaration of a poll, the returning officer must issue to each person elected a notice in writing of the result of the election.
Division 12 General
83   Election of directors of private drainage boards or members of private water trusts
(1)  An election of directors of a private drainage board must be held every 3 years.
(2)  An election of the members of a private water trust must be held every 3 years.
84   Decisions of returning officer final
If the returning officer is permitted or required by the Act or this Regulation to make a decision on any matter relating to the taking of a ballot in any election, the decision of the returning officer on that matter is final.
85   Disposal of election papers
After the declaration of a ballot, the returning officer must keep all papers connected with the election for at least 12 months after the election.
86   Offences
A person must not:
(a)  vote, or attempt to vote, more than once in any election, or
(b)  vote, or attempt to vote, in any election in which the person is not entitled to vote, or
(c)  make a false or wilfully misleading statement (not being a statement verified by statutory declaration):
(i)  to the returning officer in connection with any election, or
(ii)  in any document that the person furnishes for the purposes of any election, or
(d)  apply for enrolment in respect of any election in respect of which the person is already enrolled.
Maximum penalty: 1 penalty unit.
Part 6 Private drainage boards
Division 1 Constitution and procedure
87   Quorum
The number of directors that constitute a quorum for a private drainage board is as follows:
(a)  if the board consists of 3 directors—2,
(b)  if the board consists of 4 or 5 directors—3,
(c)  if the board consists of 6 or 7 directors—4.
Division 2 Finance
88   Rate book
(1)  For the purposes of section 209 (1) of the Act, a rate book is to be in a form containing the following particulars:
(a)  assessment number,
(b)  name of ratepayer,
(c)  additional charges for current year,
(d)  payment received,
(e)  receipt number,
(f)  date of payment,
(g)  current rates,
(h)  arrears of rates carried forward,
(i)  arrears,
(j)  total,
(k)  total due.
(2)  For the purposes of section 209 (2) of the Act, any particular relating to a rate may be altered.
(3)  For the purposes of section 209 (4) of the Act, an alteration or amendment in a rate book is to be made, signed and dated by the private drainage board’s Secretary and countersigned by the chairperson.
89   Rates
Rate notices by which rates are levied under section 206 of the Act must be in a form approved by the Ministerial Corporation.
90   Keeping of books and accounts
A private drainage board is to keep proper books and accounts that show full, true and regular accountings of all money received and paid by the private drainage board and the purposes for which money has been received or paid.
91   Banking
Money received by a private drainage board must be paid into an authorised deposit-taking institution to the credit of an account in the name of the private drainage board.
Part 7 Private water trusts
Division 1 Constitution and procedure
92   Meetings of members of a private water trust
(1)  Ordinary meetings of members of a private water trust are to be held at any time that the members from time to time determine.
(2)  The chairperson of a private water trust, or a majority of the members of a private water trust, may at any time call a special meeting of members of a private water trust.
(3)  Seven days’ notice of an ordinary meeting, and reasonable notice of a special meeting, must be given in writing to each member of a private water trust.
(4)  No business, other than the business stated in the notice of the meeting, is to be transacted at the special meeting.
93   Special general meetings
For the purposes of sections 224 (2), 225 (2) and 226 of the Act, the prescribed manner of giving notice is:
(a)  by personal delivery, or
(b)  by post, or
(c)  by facsimile transmission, or
(d)  by e-mail.
94   Quorum
The quorum for a meeting of a private water trust is as follows:
(a)  if the trust comprises 3 members—2 members,
(b)  if the trust comprises 5 members—3 members.
95   Chairperson
(1)  The chairperson is to preside at a meeting of members of a private water trust.
(2)  If the chairperson is not present, the members of a private water trust then present are to appoint one of their number to act as chairperson.
96   Voting
(1)  Any question arising at a meeting of members of a private water trust is to be decided by a majority of votes of the members present.
(2)  In the case of an equality of votes the chairperson has a casting vote.
97   Minutes
(1)  The members of a private water trust must cause minutes of the proceedings of each meeting to be kept.
(2)  The minute books are to be open for inspection by the members of a private water trust and any ratepayer within the water supply district at any reasonable time.
98   Special general meetings of voters
(1)  The chairperson is to preside at a special general meeting of voters.
(2)  In the absence of the chairperson an appointed member of the private water trust may preside at the meeting or, if there is no appointed member of the private water trust present, an elected member of the private water trust selected by the members of the private water trust present may preside.
Division 2 Finance
99   Rate book
(1)  On fixing rates under section 232 of the Act on land in a water supply district the members of a private water trust must enter the rates in a rate book.
(2)  The rate book is to be kept in a form approved by the Ministerial Corporation.
100   Correction of rate book
(1)  Any necessary corrections of the rate book must be made at a meeting of the members of a private water trust and be signed and dated by the Chairperson.
(2)  A correction affecting the amount of a rate must not be made after notice of the amount has been given to the person liable (except in the case of a correction arising from an appeal).
101   Payment of rates
(1)  Rates are payable by instalments if the members of a private water trust so decide.
(2)  A rate or an instalment of a rate is not recoverable until 30 days after notice of the amount due has been served on the ratepayer at the ratepayer’s last known or usual address.
102   Appeals
(1)  An appeal by a landholder under section 232 (6) of the Act against the amount at which the landholder is rated must be lodged within 21 days after notice of the amount has been given to the landholder.
(2)  Notice of the appeal, in a form approved by the Ministerial Corporation, must be given to a Magistrate having jurisdiction in any part of the private water trust district and to the Secretary of the trust.
Division 3 Miscellaneous
103   Members of a private water trust’s accounts
(1)  Money received by members of a private water trust in the operation of a private water trust must be paid into an authorised deposit-taking institution to the credit of an account in the name of the members of the private water trust.
(2)  All expenses incurred by members of a private water trust in the discharge of duties imposed on them by the Act are payable out of the funds at the disposal of the members of the private water trust under the Act.
Part 8 Public works
104   Hunter Valley flood mitigation works—statement of particulars
The additional particulars to be set out in a statement under section 263 (3) of the Act are as follows:
(a)  an estimate of the cost to be incurred during the financial year to which the statement relates in respect of each work included in the program of flood works referred to in section 263 (1) of the Act,
(b)  an estimate of the amount of any compensation payable or likely to become payable during that financial year as a consequence of the undertaking of each such work,
(c)  an estimate of the cost of maintenance work in respect of works previously completed that the Minister considers should be carried out during that financial year,
(d)  an estimate of the amount of any compensation (other than compensation in respect of the works referred to in paragraph (a)) payable or to become payable by the Minister during that financial year,
(e)  an estimate of the amount of any payment to be made by the Minister during that financial year under section 261 (2) of the Act,
(f)  the percentage of the cost of the construction, carrying out and maintenance of any of the works referred to in paragraph (a), and of the amount of compensation payable or likely to become payable by the Minister as a consequence of the construction, carrying out and maintenance of such work, that a local council will be liable to contribute under section 260 of the Act,
(g)  an estimate of the amount of any payments that a local council will be required to make during that financial year under section 265 of the Act,
(h)  an estimate of the amount of any payment that is likely to be received during that financial year under section 261 of the Act from a public authority in respect of any work referred to in paragraph (a),
(i)  the amount (if any) of any payment made by the Hunter-Central Rivers Catchment Management Authority under section 262 of the Act during the previous financial year that remained unexpended at the close of that year.
105   Hunter Valley flood mitigation works—statement of cost of maintenance and compensation
The additional particulars to be set out in a statement under section 266 (1) of the Act are as follows:
(a)  an estimate of the cost of any maintenance that the Minister considers should be undertaken during the financial year to which the statement relates in respect of each work referred to in section 265 of the Act,
(b)  an estimate of the amount of any compensation likely to become payable during that financial year by the Minister as a consequence of any such maintenance,
(c)  an estimate of the amount of compensation payable or likely to become payable during that financial year by the Minister as a consequence of any maintenance of each work referred to in paragraph (a) carried out during any previous financial year,
(d)  the percentage that, under section 260 of the Act, the Minister has determined that a local council should contribute to the cost of any such construction and maintenance,
(e)  the amount (if any) of any payment made by a local council under section 265 of the Act during any previous financial year that remained unexpended at the end of the immediately preceding financial year.
106   Lowbidgee flood control and irrigation works
(1)  A landholder in respect of a holding within the Lowbidgee district within the meaning of Part 3 of Chapter 5 of the Act is to be notified, by means of a notice of assessment, of:
(a)  the rate fixed by the Minister for the current year, and
(b)  the amount payable by the landholder, in accordance with that rate (subject to any variation by the Minister), for the year commencing on 1 July to which the notice relates.
(2)  The amount specified in the notice is to be paid to the Minister on or before the date for payment specified in the notice. That date must not be less than 28 days after the date of issue of the notice.
(3)  If a holding first becomes subject to a rate after 1 July in any year, the amount of the rate is to be apportioned, for the period from the date from which the holding becomes subject to the rate until the 30 June next following, on the basis of the proportion of the rate that the period bears to the whole year.
Part 9 Water supply authorities
Division 1 Preliminary
107   Definitions
In this Part:
authorised officer means:
(a)  an employee or other person acting on behalf of a water supply authority, or
(b)  a police officer.
dwelling means a room or suite of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate residence.
Plumbing and Drainage Code of Practice means the code of practice entitled New South Wales Code of Practice Plumbing and Drainage produced by the Committee on Uniformity of Plumbing and Drainage Regulations in New South Wales, 3rd edition, as approved in Gazette No 84 of 30 June 2006, at page 5039.
plumbing fitting includes any pipe, apparatus or fixture used for plumbing work.
repair includes make good, replace, reconstruct, remove, alter, cleanse or clear.
sewerage service means that part of sewerage pipework, including all sanitary fixtures, up to its point of connection to a water supply authority’s sewerage system.
water service means that part of water supply pipework from its point of connection to a water supply authority’s water supply system up to and including its outlet valves.
water supply service pipe means a pipe connecting a water service to a water supply authority’s water supply system, and includes the plumbing fittings connected to the pipe.
Division 2 Areas of operations and functions
108   Country Energy
(1)  Country Energy’s area of operations is the area of land shown by distinctive marking on the map marked “Area of Operations of Broken Hill Water Board” deposited in the offices of the Department, being:
(a)  land within the local government area of the Broken Hill City Council, and
(b)  the Stephens Creek, Umberumberka Creek and Yancowinna Creek Special Areas referred to in Division 6, and
(c)  the localities of Menindee and Sunset Strip, and
(d)  the land over which the Menindee to Stephens Creek pipeline is situated.
Note—
Certain land along the route of the Menindee to Stephens Creek pipeline is supplied with water by that pipeline. Pursuant to sections 292 (2) and 311 of the Act, water service charges may be levied on that land even though it is not within the area of operations of Country Energy.
(2)  Country Energy has and may exercise all of the functions of a water supply authority.
109   Gosford City Council
(1)  Gosford City Council’s area of operations is its local government area under the Local Government Act 1993.
(2)  Gosford City Council has and may exercise all of the functions of a water supply authority.
110   Wyong Shire Council
(1)  Wyong Shire Council’s area of operations is its local government area under the Local Government Act 1993.
(2)  Wyong Shire Council has and may exercise all of the functions of a water supply authority.
111   Cobar Water Board
(1)  Cobar Water Board’s area of operations is the area of land shown by distinctive marking on the map marked “Area of Operations of Cobar Water Board” deposited in the offices of the Department, being:
(a)  the land on which the Cobar Storage Dam is situated (as shown on DP 755660), and
(b)  the locality of Canbelego, and
(c)  the land over which the Nyngan to Cobar pipeline is situated.
Note—
Certain land along the route of the Nyngan to Cobar pipeline is supplied with water by that pipeline. Pursuant to sections 292 (2) and 311 of the Act, water service charges may be levied on that land even though it is not within the area of operations of Cobar Water Board.
(2)  Cobar Water Board has and may exercise only the function of providing water services.
112   State Water Corporation—Fish River water supply scheme
(1)  State Water Corporation’s area of operations (in relation to the Fish River water supply scheme) is the area of land shown by distinctive marking on the map marked “Area of Operations of Fish River water supply scheme” deposited in the offices of the Department, being all the land owned, occupied or used by State Water Corporation in relation to the Fish River water supply scheme (within the meaning of the State Water Corporation Act 2004) in the local government areas of Greater Lithgow City, Oberon and Blue Mountains City, and includes:
(a)  all land on which the following works are situated:
(i)  the concrete dam on the Fish River at Oberon,
(ii)  Duckmaloi weir,
(iii)  Rydal storage, and
(b)  all land on, over, under or in which any water management works incidental or connected to those referred to in paragraph (a) (including tunnels, pipelines, service reservoirs, pumping stations and water treatment works) are situated from time to time, and
(c)  all land on, over, under or in which any access roads and easements in relation to the works referred to in paragraph (a) or (b) are situated from time to time.
Note—
Certain land along the route of the pipelines referred to in paragraph (b) is supplied with water by those pipelines. Pursuant to sections 292 (2) and 311 of the Act, water service charges may be levied on that land even though it is not within the area of operations of State Water Corporation (in relation to the Fish River water supply scheme).
(2)  State Water Corporation has and may exercise only the function of providing water services.
113   Upper Parramatta River Catchment Trust
(1)  The Upper Parramatta River Catchment Trust’s area of operations is the Area shown bounded by a red line on the map numbered 45/1203 deposited in the offices of the Department at Parramatta, not including the area shown bounded by a red line on the map marked “Upper Parramatta River Catchment Trust—Excluded Area” deposited in that office.
(2)  The Upper Parramatta River Catchment Trust has and may exercise all the functions of a water supply authority other than functions relating to the supply of water, the provision of sewerage services and the disposal of trade waste and waste water.
(3)  The Upper Parramatta River Catchment Trust is exempt from clauses 115, 116 and 222–224.
114   Sydney Olympic Park Authority
(1)  The Sydney Olympic Park Authority’s area of operations is the Sydney Olympic Park Development Area within the meaning of the Sydney Olympic Park Authority Act 2001.
(2)  The Sydney Olympic Park Authority has and may exercise in its area of operations only such functions as relate to the Water Reclamation and Management Scheme at Sydney Olympic Park, including the collection and treatment of waste water and the distribution of treated waste water.
(3)  The provisions of this Regulation with respect to the distribution of water by a water supply authority apply equally to the distribution of treated waste water by the Sydney Olympic Park Authority.
115   Strategic business plans
(1)  A water supply authority may apply to the Minister for approval of a strategic business plan with respect to the exercise of its functions under the Act.
(2)  The Minister may approve the business plan in the form in which it has been submitted for approval, may approve the business plan with specified modifications or may refuse to approve the business plan.
(3)  A strategic business plan is not to be approved under this clause unless it complies with the requirements of Strategic Business Plans for Water Supply & Sewerage Schemes: Guidelines for Preparation, as in force from time to time, published by the New South Wales Government.
116   Ministerial approval not required for certain works
(1)  All works, other than the following, are exempt from the requirement for the Minister’s approval under section 292 (1) (a) of the Act:
(a)  dams for the impounding or diversion of water for public use, including any associated works,
(b)  dams that are, or when completed will be, prescribed dams for the purposes of the Dams Safety Act 1978,
(c)  water treatment works,
(d)  sewage works, including works for the treatment of raw sewage, effluent or biosolids and works for the discharge of raw sewage, effluent or biosolids from sewage works.
(2)  For those works for which an approval referred to in subclause (1) is required, approval may be given only if:
(a)  all information that the Minister has required to be supplied, and all relevant documentation, has been furnished, and
(b)  the Minister is satisfied that:
(i)  all inspections of the proposed works, and of the site of the proposed works, that the Minister has required to be carried out for the purpose of dealing with the application have been carried out, and
(ii)  the water supply authority is competent to construct, maintain and operate the proposed works.
(3)  The relevant documentation referred to in subclause (2) (a) comprises:
(a)  the plans and specifications of the proposed works, and all other documents and data relating to the proposed works that are in the possession of the water supply authority, and
(b)  such other documents as are necessary to satisfy the Minister of the matters referred to in subclause (2) (b).
(4)  An approval referred to in subclause (1) may be revoked if the Minister is satisfied that the water supply authority has failed:
(a)  to comply with any requirement to furnish information or documentation, or
(b)  to comply with any direction given by the Minister, or
(c)  to accept any supervision that the Minister has required,
with respect to the construction, maintenance or operation of the works to which the approval relates.
Division 3 Water supply
Subdivision 1 Preliminary
117   Application
This Division applies to and in respect of water supplied by the following water supply authorities:
(a)  Country Energy,
(b)  Gosford City Council,
(c)  Wyong Shire Council,
(d)  Cobar Water Board,
(e)  State Water Corporation,
(f)  the Sydney Olympic Park Authority.
Subdivision 2 Water services
118   Installation and maintenance of water service by owner
(1)  An owner of land to which a water main is connected or available for connection must ensure that:
(a)  the installation of any water service, and the connection of any such water service to the water supply authority’s system, are done by the holder of a plumbing permit, and
(b)  any such water service complies with the Plumbing and Drainage Code of Practice, and is kept in good order and condition and free from blockages or leakages.
Maximum penalty: 20 penalty units.
(2)  In subclause (1), plumbing permit, in relation to a water supply authority, means:
(a)  a permit issued by the water supply authority under Subdivision 3 of Division 5, or
(b)  in the case of Gosford City Council or Wyong Shire Council, an approval to carry out water supply work under Part 1 of Chapter 7 of the Local Government Act 1993.
119   Water service not to be shared
(1)  A person must not operate or use a shared water service without the consent of a water supply authority.
Maximum penalty: 20 penalty units.
(2)  In this clause, shared water service means a water service that extends over, or supplies water to, 2 or more separately owned parcels of land.
(3)  For the purposes of subclause (2), the separate lots in a strata scheme under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 are taken to constitute a single parcel of land.
120   Fire-fighting services
(1)  A person must not:
(a)  install or maintain a fire-fighting service that does not comply with the Plumbing and Drainage Code of Practice, or
(b)  fail to comply with any direction given by a water supply authority as to the way in which the person must comply with the Plumbing and Drainage Code of Practice in relation to a fire-fighting service.
Maximum penalty: 20 penalty units.
(2)  A person must not use a fire-fighting service otherwise than for the following purposes:
(a)  the purpose of controlling or extinguishing a fire,
(b)  some other purpose approved by the relevant water supply authority.
Maximum penalty: 20 penalty units.
(3)  In this clause, fire-fighting service means such parts of a water service as are designed to be used for controlling and extinguishing fires.
121   Misuse and waste of water
(1)  A person must not:
(a)  cause or allow a plumbing fitting to be used, or
(b)  cause or allow a plumbing fitting to be out of repair, or
(c)  cause or allow anything else to be done,
so as to waste water supplied by a water supply authority.
(2)  A person must not cause or allow water supplied by a water supply authority to be used for the purpose of diluting anything whose discharge into a sewerage system requires a discharge approval under Subdivision 3 of Division 4.
(3)  A person must not cause or allow anything to be done so as to contaminate water within a water supply authority’s water supply system.
Maximum penalty: 20 penalty units.
122   Water to be taken through approved stoptaps
Except with the consent of the relevant water supply authority, a person must not take water from a water main otherwise than by means of a water supply service pipe that is connected to the water main by means of a stoptap approved by the water supply authority.
Maximum penalty: 20 penalty units.
123   Information regarding supply
(1)  A water supply authority may direct an owner or occupier of land to furnish it with such information in that person’s knowledge as is necessary to enable the water supply authority to assess the quantity of water supplied to the land.
(2)  It is an offence for a person to fail to comply with a direction under this clause.
Maximum penalty: 10 penalty units.
124   Consents may be conditional, and may be varied and revoked
A consent given by a water supply authority for the purposes of this Subdivision is to be in writing, may be given unconditionally or subject to conditions and may be varied or revoked by the water supply authority (by written notice served on the holder of the consent) at any time and for any reason.
Subdivision 3 Meters
125   Measurement of water supply
(1)  The supply of water from a water main to any land is to be measured by means of a meter provided by, or in some other manner approved by, the relevant water supply authority.
(2)  In the absence of evidence to the contrary, the quantity of water supplied from a water supply system is taken to be the quantity registered by such a meter.
126   Property in meters
Any meter or plumbing fitting provided by a water supply authority, and connected to or forming part of a water supply service pipe, remains the property of the authority.
127   Access to meters
If a meter for any land is so installed or located that it cannot be conveniently read or examined, the owner of the land:
(a)  must cause the meter to be re-positioned, or
(b)  must take such other action as is necessary to enable the meter to be conveniently read or examined,
in accordance with the directions of the relevant water supply authority.
Maximum penalty: 10 penalty units.
128   Care of meters
(1)  An occupier of land, or an owner of unoccupied land, must keep protected from damage any meter and meter fittings that are connected to or form part of a water supply service pipe for the land.
Maximum penalty: 10 penalty units.
(2)  An occupier of land, or an owner of unoccupied land, is liable to a water supply authority for the cost of repairing any damage caused to a meter by a failure to comply with subclause (1).
129   Discontinuance of use of meters
An occupier of land, or an owner of unoccupied land, who intends to discontinue the use of a meter provided by a water supply authority must give it at least 14 days’ written notice of that fact.
Maximum penalty: 10 penalty units.
130   Testing of meters
(1)  An owner or an occupier of land for which a meter has been installed may apply to the relevant water supply authority to have the meter tested.
(2)  An application to have a meter tested must be in a form approved by the water supply authority.
(3)  If, on being tested, a meter registers less than 3 per cent above the quantity of water passed through it, the person who required the test must pay such fee as the water supply authority determines for the expenses of the test.
(4)  If, on being tested, a meter registers 3 per cent or more above the quantity of water passed through it:
(a)  an adjustment proportionate to the percentage of error is to be made in the reading objected to and in any further reading up to the time of removal of the meter, and
(b)  the water supply authority is to bear the expenses of the test.
(5)  No adjustment is to be made if a meter registers within 3 per cent of the quantity of water passed through it.
(6)  If, at any reading, a meter is registering inaccurately or has ceased to register, the water supply authority is entitled to adjust the charge for water supplied during the period to which the reading relates on the basis of a daily consumption equal to the average daily consumption during a corresponding previous period.
(7)  If there was no reading for a corresponding previous period, or if the water supply authority is of the opinion that an adjustment on the basis of such a period would not be reasonable, it may assess the quantity of water used or may adjust the charge on such other basis as may be mutually agreed on between it and the consumer.
131   Installation of meters
(1)  A water supply authority may install, and may charge hire for:
(a)  meters for measuring the quantity of water supplied, and
(b)  pipes and apparatus for the conveyance, reception and storage of water.
(2)  Alternatively, a water supply authority may require a person requiring a supply of water:
(a)  to install the appropriate meters, pipes or apparatus in accordance with its requirements, and
(b)  to maintain them in good working order.
Subdivision 4 Fire hydrants
132   Installation of fire hydrants
(1)  A water supply authority must install fire hydrants in its water mains at such convenient distances, and at such places, as are necessary for the ready supply of water to control and extinguish fires.
(2)  Subclause (1) does not apply:
(a)  so as to require fire hydrants to be installed in any water main that is less than 100 millimetres in diameter, or
(b)  so as to require fire hydrants to be installed if the water supply system is not sufficient for the operation of fire hydrants,
in which case the water supply authority may provide other means for the ready supply of water to control and extinguish fires.
(3)  A water supply authority may, at the request and expense of the owner or occupier of any building, install a fire hydrant for use for controlling or extinguishing fires in or in the vicinity of the building.
(4)  A water supply authority may remove any fire hydrant referred to in subclause (1) if it is satisfied on reasonable grounds that the hydrant is no longer needed.
133   Maintenance of fire hydrants
A water supply authority must ensure that all fire hydrants installed by it are maintained in effective working order.
134   Supply of water to fire hydrants
A water supply authority must at all times keep charged with water any water main or pipe supplying water to a fire hydrant installed by it, unless prevented from doing so:
(a)  by drought or other emergency, or
(b)  while necessary repairs to the water main, pipe or hydrant are being carried out.
135   Use of fire hydrants by authorised persons
Any person authorised to do so by the water supply authority may take water from a fire hydrant, without charge, for the purpose of controlling or extinguishing fires.
Subdivision 5 Water restrictions
136   Restrictions on use of water during periods of shortage
(1)  If a water supply authority considers it necessary to do so in order to conserve supplies of water in time of drought or other emergency, it may, by a notice under this clause, regulate or restrict any of the following:
(a)  the purposes for which water may be used,
(b)  the times when water may be used,
(c)  the quantities of water that may be used,
(d)  the means or methods by which water may be used.
(2)  A notice made by a water supply authority under this clause:
(a)  may apply to the whole of its area of operations or to such part of that area as is specified in the notice, and
(b)  has effect despite the provisions of any contract relating to the supply of water by the authority.
(3)  A notice made by a water supply authority under this clause:
(a)  is to be published in a newspaper circulating in its area of operations, and
(b)  takes effect on the date specified in the notice (being a date that is not earlier than the date on which the notice is published).
(4)  A person must not use water contrary to a notice under this clause.
Maximum penalty: 20 penalty units.
(5)  Nothing in this clause authorises the use of water contrary to any restriction or requirement imposed under the Essential Services Act 1988.
Division 4 Sewerage
Subdivision 1 Preliminary
137   Application
(1)  This Division (other than Subdivision 3) applies to and in respect of the sewerage systems of the following water supply authorities:
(a)  Country Energy,
(b)  Gosford City Council,
(c)  Wyong Shire Council.
(2)  Subdivision 3 applies to and in respect of the sewerage systems of Country Energy.
Note—
Subdivision 3 deals with the discharge of matter into a water supply authority’s sewerage system. The discharge of matter into a local council’s sewerage system is dealt with not under that Subdivision but under Part 1 of Chapter 7 of the Local Government Act 1993.
Subdivision 2 Sewerage systems
138   Installation and maintenance of sewerage service by owner
(1)  An owner of land to which a sewer main is connected or available for connection must ensure that:
(a)  the installation of any sewerage service, and the connection of any such sewerage service to the sewer main, are done by the holder of a plumbing permit, and
(b)  any such sewerage service complies with the Plumbing and Drainage Code of Practice, and is kept in good order and condition and free from blockages or leakages.
Maximum penalty: 20 penalty units.
(2)  In subclause (1), plumbing permit, in relation to a water supply authority, means:
(a)  a permit issued by the water supply authority under Subdivision 3 of Division 5, or
(b)  in the case of Gosford City Council or Wyong Shire Council, an approval to carry out sewerage work under Part 1 of Chapter 7 of the Local Government Act 1993.
139   Sewerage service not to be shared
(1)  A person must not:
(a)  operate or use a shared sewerage service, or
(b)  install, maintain or use a sewerage service for any land beyond the boundary of that land,
without the consent of the relevant water supply authority.
Maximum penalty: 20 penalty units.
(2)  In subclause (1) (a), shared sewerage service means a sewerage service that extends over, or receives sewage from, 2 or more separately owned parcels of land.
(3)  Subclause (1) (b) does not prohibit the extension of a sewerage service beyond the boundaries of land for the purpose only of connecting the service to the water supply authority’s sewer main.
(4)  For the purposes of this clause, the separate lots in a strata scheme under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 are taken to constitute a single parcel of land.
140   Consents may be conditional, and may be varied and revoked
A consent given by a water supply authority for the purposes of this Subdivision is to be in writing, may be given unconditionally or subject to conditions and may be varied or revoked by the water supply authority (by written notice served on the holder of the consent) at any time and for any reason.
Subdivision 3 Discharges into sewerage systems
141   Definitions
In this Subdivision:
approved discharge policy, in relation to a water supply authority, means a policy with respect to the discharge of substances into the water supply authority’s sewerage system that is approved by the Minister under clause 142.
discharge approval means an approval for the discharge of a substance into a water supply authority’s sewerage system.
142   Discharge policies
(1)  A water supply authority may apply to the Minister for approval of a policy with respect to the discharge of substances into its sewerage system.
(2)  The Minister may approve a policy in the form in which it has been submitted for approval, may approve the policy with specified modifications or may refuse to approve the policy.
(3)  A policy is not to be approved under this clause unless it contains provisions with respect to each of the following matters:
(a)  the classification of different categories of substances, including:
(i)  categories of exempt substances for which no discharge approval is required, and
(ii)  categories of prohibited substances for which no discharge approval is to be granted,
(b)  the procedures to be followed by a water supply authority in dealing with an application for a discharge approval, including the matters to be taken into consideration by the water supply authority when dealing with such an application,
(c)  the conditions to be met in relation to discharge approvals, including (in particular) conditions as to the concentration limits of substances to be discharged,
(d)  the charging methods to be applied with respect to discharges,
(e)  such other matters as the Minister may determine.
(4)  A water supply authority must not issue a discharge approval under this Subdivision otherwise than in accordance with a discharge policy approved under this clause.
143   Discharges require discharge approval
(1)  A person must not cause or allow anything (including stormwater) to be discharged, whether directly or indirectly, into a water supply authority’s sewerage system otherwise than in accordance with a discharge approval.
Maximum penalty: 20 penalty units.
(2)  Subclause (1) does not apply to the discharge into a water supply authority’s sewerage system of the following substances:
(a)  kitchen, laundry, bathroom and toilet waste from residential premises, and backwash from swimming pools situated on residential premises,
(b)  bathroom and toilet waste from commercial and industrial premises,
(c)  kitchen waste from individual caravan park sites,
(d)  laundry waste from common caravan park facilities,
(e)  any substance that is exempted from the requirements of subclause (1) by the water supply authority’s approved discharge policy.
(3)  Subclause (2) does not authorise the discharge into a water supply authority’s sewerage system, otherwise than in accordance with a discharge approval, of the contents of any human waste storage facility (within the meaning of the Local Government Act 1993).
144   Application for discharge approval
(1)  An application for a discharge approval:
(a)  must be made in a form approved by the water supply authority, and
(b)  must be accompanied by:
(i)  plans and specifications of any plumbing work to be done pursuant to the approval, and
(ii)  plans and specifications of any apparatus to be used pursuant to the approval, and
(iii)  details of the nature and quantity of the waste to be discharged pursuant to the approval, and the frequency or rate at which it is to be discharged, and
(iv)  such other documentation as the water supply authority may require, and
(v)  in the case of an application for a discharge approval with respect to land, the consent in writing of the owner of the land, and
(c)  must be lodged personally or by post at an office of the water supply authority.
(2)  An applicant must pay the fee determined by a water supply authority for the issue of a discharge approval.
Note—
Section 344 of the Act provides that it is an offence to make a false or misleading application.
145   Conditions of discharge approvals
(1)  A water supply authority may grant a discharge approval subject to conditions.
(2)  Such a condition may do one or more of the following:
(a)  it may require that the volume of substances discharged pursuant to the discharge approval be measured or determined by a meter or other device specified by the water supply authority,
(b)  it may specify:
(i)  the maximum aggregate daily quantity of substances to be discharged, and
(ii)  the characteristics of the substances permitted to be discharged, and
(iii)  the maximum permissible rate of discharge, and
(iv)  the times during which the discharge is permitted, and
(v)  the size and capacity of the drain for conveying substances into the water supply authority’s sewerage system,
(c)  it may require that specified measures be taken to ensure that any or all of the following requirements are complied with:
(i)  that the aggregate daily quantity of substances discharged does not exceed a specified quantity,
(ii)  that the rate of discharge of substances does not exceed a specified rate,
(iii)  that the size and capacity of the drain for conveying substances into the water supply authority’s sewerage system are in accordance with specified requirements as to size and capacity,
(iv)  that substances are discharged only during specified times,
(v)  that the volume of substances discharged is measured or determined by a specified meter or other device,
(vi)  that specified modifications to works from which the substances arise, or to works for treating the substances, are carried out.
(3)  From time to time, a water supply authority:
(a)  may vary or revoke the conditions of a discharge approval, or
(b)  may impose further conditions on a discharge approval.
(4)  A person must not contravene a condition of a discharge approval.
Maximum penalty: 20 penalty units.
146   Duration of discharge approvals
(1)  Unless sooner suspended or cancelled, a discharge approval has effect:
(a)  for such period as is specified in the approval, or
(b)  if no such period is so specified, for 5 years,
from the date on which it is granted.
(2)  A water supply authority may, on the application of the holder of a discharge approval, extend the period for which the approval has effect.
147   Renewal of discharge approvals
(1)  An application for renewal of a discharge approval:
(a)  must be made in a form approved by the relevant water supply authority, and
(b)  must be lodged personally or by post at an office of the relevant water supply authority.
(2)  An applicant must pay the fee determined by the relevant water supply authority for the renewal of a discharge approval.
(3)  Clauses 144, 145 and 146 apply to an application for the renewal of a discharge approval in the same way as they apply to an application for a discharge approval.
Note—
Section 344 of the Act provides that it is an offence to make a false or misleading application.
148   Suspension or cancellation of discharge approval
(1)  A water supply authority may, by written notice served on the holder of a discharge approval, suspend or cancel the approval if:
(a)  the approval has been granted on the basis of false or misleading information, or
(b)  the holder of the approval has contravened a condition of the approval, or
(c)  the holder of the approval has contravened the Act, this Regulation or a direction under the Act or this Regulation.
(2)  The notice must set out the reason for the suspension or cancellation.
(3)  A water supply authority may suspend or cancel a discharge approval at the request of the holder of the approval.
Division 5 Plumbing fittings, plumbing work and plumbing permits
Subdivision 1 Preliminary
149   Application
This Division applies to plumbing work carried out in the area of operations of Country Energy.
150   Definitions
In this Part:
authorised plumbing fitting means a plumbing fitting that is authorised for use under clause 164 within the area of operations of the relevant water supply authority.
certificate of compliance means a certificate of the kind referred to in clause 154.
Note—
A certificate of compliance under this Division is not to be confused with a certificate of compliance granted under section 307 of the Act in relation to the carrying out of development within a water supply authority’s area of operations.
plumbing permit means a permit issued under Subdivision 3.
plumbing work means work comprising or affecting:
(a)  a water service or its connection to a water supply authority’s water supply system, or
(b)  a sewerage service or its connection to a water supply authority’s sewerage system.
working day means a day that is not a Saturday, Sunday or public holiday.
Subdivision 2 Plumbing work
151   Permit required for plumbing work
(1)  A person must not do plumbing work otherwise than in accordance with a plumbing permit authorising the person to do the work.
Maximum penalty: 20 penalty units.
(2)  A person is not guilty of an offence against this clause if:
(a)  the work is done in an emergency:
(i)  to prevent waste of water, or
(ii)  to restore a water supply that has been shut off to prevent waste of water, or
(iii)  to free a choked pipe, or
(iv)  to prevent damage to property, and
(b)  the person applies for a plumbing permit for the work within 2 working days after the work is done.
(3)  This clause does not apply to or in respect of plumbing work done by an employee of a water supply authority.
(4)  A water supply authority may grant plumbing permits for the purposes of this clause in accordance with the Plumbing and Drainage Code of Practice.
152   Plumbing work to comply with specified standards
A person must not do plumbing work otherwise than in accordance with the Plumbing and Drainage Code of Practice.
Maximum penalty: 20 penalty units.
153   Plumbing work to use authorised plumbing fittings
A person must not use any plumbing fitting for plumbing work unless it is an authorised plumbing fitting.
Maximum penalty: 20 penalty units.
154   Certificate of compliance following completion of plumbing work
(1)  A person who does plumbing work must, within 48 hours after completing the work:
(a)  give a water supply authority a certificate of compliance duly completed and signed by the person, and
(b)  give a copy of the certificate to the owner of the land on which the work was done or to which the work was connected.
Maximum penalty: 20 penalty units.
(2)  A certificate of compliance must be in a form approved by the relevant water supply authority and must certify that the plumbing work to which it relates has been completed in accordance with the Plumbing and Drainage Code of Practice.
(3)  A person must not, in a certificate of compliance, provide information that the person knows to be false or misleading in a material particular.
Maximum penalty: 20 penalty units.
(4)  This clause does not apply to or in respect of plumbing work done by an employee of a water supply authority.
155   Notification of damage arising in the course of plumbing work
A person who, in the course of doing plumbing work, damages a work or other property of a water supply authority must immediately notify it of the damage.
Maximum penalty: 20 penalty units.
156   Rectification of defective plumbing work
(1)  A water supply authority may, by written notice served on a person who is doing plumbing work, direct the person:
(a)  to repair, as specified in the notice, work done otherwise than in a professional manner, or
(b)  to bring into conformity with the Plumbing and Drainage Code of Practice work done otherwise than in accordance with that Code, or
(c)  to bring into conformity with the conditions imposed on a plumbing permit work done otherwise than in accordance with those conditions, or
(d)  to repair or replace, as specified in the notice, a defective plumbing fitting used in any of the work done, or
(e)  to bring into conformity with its approval any plumbing fitting that does not comply with the approval.
(2)  A person to whom such a direction is given must not fail to comply with the direction.
Maximum penalty: 20 penalty units.
(3)  If a direction is given to a person before a certificate of compliance is given for the work, the person must not continue with the work until the direction has been complied with.
Maximum penalty: 20 penalty units.
(4)  A direction is of no effect if it is issued more than 2 years after the work to which it relates has been completed.
157   Exemption from certain requirements
(1)  A water supply authority may exempt all persons, or any specified class of persons, from any or all of the following requirements of this Subdivision:
(a)  the requirement to hold a plumbing permit authorising the doing of plumbing work,
(b)  the requirement to complete a certificate of compliance with respect to plumbing work,
(c)  the requirement to use only authorised plumbing fittings for plumbing work.
(2)  An exemption under subclause (1) (a) or (b) may relate to plumbing work generally or to any specified kind or kinds of plumbing work.
(3)  An exemption under subclause (1) (c) may relate to plumbing fittings generally or to any specified kind or kinds of plumbing fitting.
(4)  A water supply authority may vary or revoke any exemption under this clause.
(5)  Notice of any exemption granted under this clause, or of any variation or revocation of such an exemption, may be given in such manner as a water supply authority considers appropriate.
(6)  A person in respect of whom an exemption under this clause ceases to have effect by reason only of the fact that the exemption is varied or revoked is not guilty of an offence in respect of any act or omission unless it is established that he or she was aware of that fact when the act or omission occurred.
(7)  A person is taken to be aware that an exemption has been varied or revoked if written notice of that fact is served on the person, either personally or by post.
(8)  Subclause (7) does not limit any other circumstances in which a person may be taken to be aware of the fact that an exemption has been revoked or varied.
158   Supply of plans
On completion of any sewerage work, the person doing the work must supply a plan of the work to the owner of the land (or the owner’s agent) and to the relevant water supply authority.
Maximum penalty: 20 penalty units.
Subdivision 3 Plumbing permits
159   Application for plumbing permit
(1)  An application for a plumbing permit:
(a)  must be made in a form approved by the relevant water supply authority, and
(b)  must be lodged personally or by post at an office of the relevant water supply authority.
Note—
Section 344 of the Act provides that it is an offence to make a false or misleading application.
(2)  The application must be lodged at least 2 working days before the day on which the work to which the application relates is proposed to be done.
(3)  An applicant must pay the fee determined by the relevant water supply authority for the issue of a plumbing permit.
160   Refusal of plumbing permits
(1)  A water supply authority may refuse to grant a plumbing permit to a person who, in its opinion, has previously done plumbing work in contravention of the Act, this Regulation or a direction under the Act or this Regulation.
(2)  A water supply authority may also refuse to grant a plumbing permit to a person while any relevant information that was not supplied with the application and that has been requested by it from the applicant is outstanding.
161   Conditions of plumbing permits
(1)  A water supply authority may grant a plumbing permit subject to conditions.
(2)  From time to time, a water supply authority:
(a)  may vary or revoke the conditions of a plumbing permit, or
(b)  may impose further conditions on a plumbing permit.
(3)  A person must not contravene a condition of a plumbing permit.
Maximum penalty: 20 penalty units.
162   Duration of plumbing permits
Unless sooner suspended or cancelled, a plumbing permit has effect from the time it is granted until such time as it is expressed to expire.
163   Suspension or cancellation of plumbing permits
(1)  A water supply authority may, by written notice served on the holder of a plumbing permit, suspend or cancel the permit if:
(a)  the permit was granted on the basis of false or misleading information, or
(b)  the holder of the permit has contravened a condition of the permit, or
(c)  the holder of the permit has contravened the Act, this Regulation or a direction under the Act or this Regulation.
(2)  The notice must set out the reason for the suspension or cancellation.
(3)  A water supply authority may suspend or cancel a plumbing permit:
(a)  at the request of the holder of the permit, or
(b)  in the case of a plumbing permit, at the request of the owner of the land on which the work authorised by the permit is to be, or is being, done.
Subdivision 4 Authorisation of plumbing fittings
164   Authorisation of plumbing fittings
(1)  A water supply authority may authorise plumbing fittings for use in connection with plumbing work.
(2)  Before authorising a plumbing fitting of a particular kind, a water supply authority:
(a)  may require:
(i)  a fitting of that kind to be submitted to it for examination and testing, or
(ii)  submission to it of a satisfactory result of tests of a fitting of that kind carried out by a person or body approved by it, and
(b)  may require fittings of that kind to be manufactured under a system of quality assurance approved by it.
(3)  A water supply authority must not authorise a particular kind of plumbing fitting unless it is satisfied that it complies with the requirements of MP52—2005.
(4)  In this clause, MP52—2005 means the document entitled Manual of authorization procedures for plumbing and drainage products, published by Standards Australia, seventh edition (2005).
Division 6 Special areas
Subdivision 1 Preliminary
165   Application
This Division applies to special areas in the area of operations of Country Energy.
166   Definitions
In this Part:
public land means:
(a)  land owned or vested in Country Energy, or
(b)  Crown land within the meaning of the Crown Lands Act 1989.
restricted portion, in relation to the Stephens Creek and Umberumberka Creek Special Areas, means:
(a)  Stephens Creek Reservoir, and the area of land surrounding the reservoir, as shown by hatched edging on the map in Part 2 of Schedule 7, and
(b)  Imperial Lake, and the area of land surrounding the lake, as shown by hatched edging on the map in Part 3 of Schedule 7, and
(c)  Umberumberka Reservoir, and the area of land surrounding the reservoir, as shown by hatched edging on the map in Part 4 of Schedule 7.
rural portion, in relation to the Stephens Creek, Umberumberka Creek and Yancowinna Creek Special Areas, means such part of those areas as is situated outside the City of Broken Hill, and includes such part of the City of Broken Hill as comprises Willyama Common.
special area means any of the following areas:
(a)  Stephens Creek Special Area,
(b)  Umberumberka Creek Special Area,
(c)  Yancowinna Creek Special Area.
Stephens Creek Special Area means the area described in a proclamation under the former Broken Hill Water and Sewerage Act 1938 published in Gazette No 8 of 19 January 1940 at page 181, being the land described as the Stephens Creek Special Area on the map in Part 1 of Schedule 7.
Umberumberka Creek Special Area means the area described in a proclamation under the former Broken Hill Water and Sewerage Act 1938 published in Gazette No 8 of 19 January 1940 at page 181, being the land described as the Umberumberka Creek Special Area on the map in Part 1 of Schedule 7.
Yancowinna Creek Special Area means the area described in a proclamation under the former Broken Hill Water and Sewerage Act 1938 published in Gazette No 8 of 19 January 1940 at page 181, being the land described as the Yancowinna Creek Special Area on the map in Part 1 of Schedule 7.
Subdivision 2 Special areas generally
167   Livestock farming
(1)  A person must not:
(a)  erect, maintain or use any building or structure in connection with the raising of cattle, sheep, pigs or poultry, or
(b)  engage in any intensive agricultural activity (such as an animal feedlot),
on land in a special area.
Maximum penalty: 20 penalty units.
(2)  This clause does not apply to anything that is done in accordance with:
(a)  the consent of Country Energy, or
(b)  a development consent in force under the Environmental Planning and Assessment Act 1979.
168   Sewage disposal
A person must not install, maintain or use any sewage collection, treatment or disposal system on land in a special area without the consent of Country Energy.
Maximum penalty: 20 penalty units.
169   Notification of waterborne infectious diseases
An owner or occupier of land in a special area who becomes aware that any person, animal or property in a special area is carrying, infected with or affected by any waterborne infectious disease must notify Country Energy of that fact within 24 hours after first becoming so aware.
Maximum penalty: 20 penalty units.
170   Slaughtering
(1)  A person must not slaughter a beast in any manner or under any circumstances or conditions so as to pollute, or cause a reasonable risk of polluting, the water supply in a special area.
(2)  A person who slaughters a beast in a special area must immediately:
(a)  collect all blood, offal and refuse products, and
(b)  deposit all blood, offal and refuse products in a receptacle made of metal or some other non-absorbent material, and
(c)  remove all blood, offal and refuse products from the special area and dispose of them in a manner that avoids pollution of the water supply in that area.
(3)  A person who slaughters a beast in a special area must, as soon as practicable after doing so, thoroughly wash and clean the premises where the slaughter took place.
Maximum penalty: 20 penalty units.
171   Stock control
The owner or person in charge of any stock must ensure that the stock does not enter any public land in a special area.
Maximum penalty: 20 penalty units.
Subdivision 3 Rural portions of special areas
172   Application of Subdivision
This Subdivision applies to the rural portion of the Stephens Creek, Umberumberka Creek and Yancowinna Creek Special Areas.
173   Destruction or removal of timber
(1)  A person must not, without the consent of Country Energy, destroy, cut, damage or remove any tree or shrub in the rural portion of a special area.
Maximum penalty: 20 penalty units.
(2)  This clause does not apply to land that is privately owned, nor does it affect the rights conferred on the holder of a licence granted under the Forestry Act 1916.
174   Waste and pollutants
(1)  A person must not bring into the rural portion of a special area, or use or leave in the rural portion of a special area, any waste or pollutant.
Maximum penalty: 20 penalty units.
(2)  In this clause:
pollutant means anything that causes pollution within the meaning of the Protection of the Environment Operations Act 1997.
waste has the same meaning as it has in the Protection of the Environment Operations Act 1997.
175   Erection and alteration of buildings and structures
A person must not:
(a)  erect any building or structure, or
(b)  carry out any work, or
(c)  alter or extend any existing building, structure or work,
in the rural portion of a special area without the consent of Country Energy.
Maximum penalty: 20 penalty units.
176   Pesticides and pest control
(1)  A person must not:
(a)  bring into, or use or keep in, the rural portion of a special area any pesticide, herbicide or other toxic material, or
(b)  take steps to control or eradicate by the use of pesticides, herbicides or other toxic materials any feral animal, animal pest or noxious weed in the rural portion of a special area, without the consent of Country Energy.
Maximum penalty: 20 penalty units.
(2)  In this clause:
herbicide means any substance that is capable of destroying plants or preventing the spread of plants.
noxious weed has the same meaning as it has in the Noxious Weeds Act 1993.
pesticide has the same meaning as it has in the Pesticides Act 1999.
Subdivision 4 Restricted portions of special areas
177   Application of Subdivision
This Subdivision applies to the restricted portion of the Stephens Creek and Umberumberka Creek Special Areas.
178   Entry
A person must not enter or remain in the restricted portion of a special area without the consent of Country Energy.
Maximum penalty: 10 penalty units.
179   Fishing
A person must not fish in any waters in the restricted portion of a special area without the consent of Country Energy.
Maximum penalty: 10 penalty units.
180   Fees and charges
(1)  Country Energy may from time to time determine the fees and charges payable in respect of the entry of persons and vehicles into the restricted portion of a special area, either for tours or for recreational purposes.
(2)  An authorised officer may refuse to allow a person to enter the restricted portion of a special area if the person fails to pay any such fee or charge.
181   Prohibited conduct
A person must not:
(a)  destroy, capture, injure or annoy an animal in the restricted portion of a special area, or
(b)  interfere with an animal, or interfere with the habitat of an animal, in the restricted portion of a special area, or
(c)  bury a human or animal body in the restricted portion of a special area, or
(d)  swim or wash in any waters in the restricted portion of a special area, or
(e)  cause any animal, animal matter, plant or plant matter to enter or remain in any waters in the restricted portion of a special area, or
(f)  drive, row, sail or paddle any boat or other waterborne craft on any waters in the restricted portion of a special area, or
(g)  remove or damage a plant, shrub or tree growing in the restricted portion of a special area, or
(h)  drive or ride a vehicle or ride or lead an animal into or on the restricted portion of a special area, or
(i)  bring into or have in the person’s possession in the restricted portion of a special area a firearm, imitation firearm or prohibited weapon (within the meaning of the Firearms Act 1996 or the Weapons Prohibition Act 1998) unless the person is a police officer on duty, or
(j)  land an aircraft (including an ultra-light aircraft, hang-glider or balloon) on the restricted portion of a special area, or
(k)  sell or offer for sale any goods on or by any public road in the restricted portion of a special area,
without the consent of Country Energy.
Maximum penalty: 10 penalty units.
182   Gates not to be opened
A person must not:
(a)  remove anything that bars entry to public land in the restricted portion of a special area, or
(b)  open any gate to any public land in the restricted portion of a special area,
without the consent of Country Energy.
Maximum penalty: 10 penalty units.
183   Camping and picnicking
(1)  Country Energy may reserve any portion of public land in the restricted portion of a special area for camping or picnicking by means of signs displayed on or adjacent to the portion.
(2)  Country Energy may impose conditions, including conditions requiring the payment of fees, subject to which a reserved portion of land may be used for camping or picnicking.
(3)  A person must not camp or picnic on public land in the restricted portion of a special area otherwise than:
(a)  in a place reserved for that purpose, and
(b)  in accordance with any conditions subject to which that place may be so used.
Maximum penalty: 10 penalty units.
(4)  In this clause, camp means reside temporarily, whether or not in a tent, caravan, cabin or other structure.
184   Fires
A person must not:
(a)  light a fire in the restricted portion of a special area otherwise than in a fireplace approved by Country Energy, or
(b)  do anything in the restricted portion of a special area that may cause fire to spread beyond such a fireplace.
Maximum penalty: 10 penalty units.
Subdivision 5 Miscellaneous
185   Consents may be conditional, and may be varied and revoked
A consent given by Country Energy for the purposes of this Division is to be in writing, may be given unconditionally or subject to conditions and may be varied or revoked by it (by written notice served on the holder of the consent) at any time and for any reason.
186   Investigation of suspected contraventions
(1)  An authorised officer who has reason to believe that a person in a special area has in his or her possession or control anything that, in the officer’s opinion, has been, is being or is about to be used in connection with a contravention of this Division may request the person to do either or both of the following:
(a)  to surrender any such thing to the authorised officer,
(b)  to make available for inspection by the authorised officer any vehicle or receptacle in which the officer suspects any such thing to be concealed.
(2)  If a person fails to comply with the request, the authorised officer may direct the person to leave the special area.
(3)  A person to whom such a direction is given must immediately comply with the direction.
Maximum penalty: 20 penalty units.
187   Notice by public agencies
For the purposes of section 304 (1) of the Act, the notice to be given to Country Energy of the proposed exercise of a function by a public agency in relation to land in a special area:
(a)  must be in writing, and
(b)  must be sent by post to or lodged at any of its offices, and
(c)  must contain a full description of the proposed function, including any associated activities, and a statement of the objectives of the proposed function, and
(d)  must be given at least 28 days before the function is proposed to be exercised.
Division 7 Finance generally
Subdivision 1 Preliminary
188   Application
This Division applies to and in respect of the following water supply authorities and to and in respect of matters arising within the areas of operations of those authorities:
(a)  Country Energy,
(b)  Gosford City Council,
(c)  Wyong Shire Council,
(d)  Cobar Water Board,
(e)  State Water Corporation,
(f)  Upper Parramatta River Catchment Trust (except clauses 192, 196 and 205),
(g)  the Sydney Olympic Park Authority.
189   Definitions
In this Part, land means:
(b)  an existing lot within the meaning of the Conveyancing Act 1919.
Subdivision 2 Service charges and other charges
190   Fees and charges other than service charges
The fees and charges (other than service charges) that a water supply authority may, under section 310 (2) of the Act, impose for goods supplied, or for services provided, are to be determined by resolution.
191   Classification of land
(1)  For the purposes of section 313 of the Act, a water supply authority may classify land for the purpose of levying service charges according to one or more of the following factors:
(a)  the purpose for which the land is actually being used,
(b)  the intensity with which the land is being used for that purpose,
(c)  the purposes for which the land is capable of being used,
(d)  the nature and extent of any water supply, sewerage or drainage systems connected to, or available for connection to, the land.
(2)  Subclause (1) (c) and (d) do not apply with respect to the Upper Parramatta River Catchment Trust.
192   Basis of levying service charges
(1)  For the purposes of section 314 of the Act, a water supply authority may levy service charges according to one or more of the following bases:
(a)  on the basis of the availability of the service (the access component),
(b)  on the basis of the usage of the service (the usage component).
(2)  The access component may vary according to any of the following:
(a)  the size of the water meter registering water supply to the land,
(b)  the nominal size of the water supply service pipe supplying water to the land,
(c)  the cost of providing the service, as assessed by the authority,
(d)  the classification of the land, as determined by the authority under this Subdivision.
(3)  The usage component may vary:
(a)  in the case of a water service charge, according to the volume of water supplied to the land concerned, or
(b)  in the case of any other service charge, according to the degree of use of the service, as assessed by the authority.
(4)  For the purposes of subclause (2) (b), the nominal size of a water supply service pipe supplying water to land is:
(a)  the nominal size of the pipe at the point where it joins the water meter registering water supply to the land, or
(b)  if there is no such water meter the nominal size of the pipe at the point where it joins the water supply authority’s water main.
(5)  In this clause, nominal size has the same meaning as nominal size (DN) has in the document entitled AS/NZS 3500:2003Plumbing and Drainage, as in force from time to time, published by Standards Australia.
193   Basis of levying service charges—Upper Parramatta River Catchment Trust
For the purposes of section 314 of the Act, the Upper Parramatta River Catchment Trust may only levy service charges according to either or both of the following bases:
(a)  a flat rate for all land of a particular classification,
(b)  the area of the land on which the service charge is being levied.
194   Method of levying service charge on dwelling under company title
(1)  For the purposes of this Regulation:
(a)  a person who, because of the ownership of shares in a company, is entitled to occupy a dwelling in a building containing 2 or more such dwellings is taken to be the owner of the land comprising the dwelling, and
(b)  the service charge for the dwelling is to be an amount that bears the same proportion to the service charge for the building as the number of shares in the company owned by the person bears to the total number of shares issued by the company.
(2)  The secretary of such a company must notify the water supply authority of:
(a)  the names and addresses of all owners of shares in the company and of the number of shares held by each owner, and
(b)  changes in ownership of any shares in the company.
(3)  A service charge is not payable by the company to the extent to which it is payable by the owners of shares in the company.
195   Determination of service charges
A determination by a water supply authority under section 315 (1) of the Act is to be made by resolution.
196   Approval of service charge determinations
(1)  Approval of a water supply authority’s determination for any charging year under section 315 (1) of the Act is not to be granted unless:
(a)  a strategic business plan for the water supply authority has been approved by the Minister under clause 115 within the last 4 years, and
(b)  the water supply authority has furnished the Minister with a performance report with respect to the exercise of its functions under the Act during the charging year last ended.
(2)  The performance report referred to in subclause (1) (b) must comply with such requirements as the Minister may from time to time determine.
197   Payment of service charges and other charges
Payment to a water supply authority of a service charge or other charge:
(a)  is due within the time, and
(b)  may be made in any manner,
notified by the authority when giving notice of the service charge or other charge.
198   Payment by instalments
(1)  A water supply authority may notify a person liable to pay service charges levied, or other charges imposed, that payment of the service charges or other charges may be made to the authority by a stated number of instalments of specified amounts.
(2)  If there is a failure to make a payment in accordance with the notification, the total unpaid balance may be treated by the water supply authority as an overdue amount of service charges or other charges even if payment by instalments had commenced.
199   General power to defer or waive payment of service charges or other charges or fees
(1)  A water supply authority may, if of the opinion that reasonable cause has been shown:
(a)  defer payment of a service charge, or any other charge or fee, on such conditions as it thinks fit, or
(b)  waive such a payment or any part of it.
(2)  A water supply authority may establish an account from which to fund any such deferral or waiver.
200   Adjustment of service charge
(1)  If a service charge has been levied on land on the basis of a classification made by a water supply authority under this Subdivision and the water supply authority later decides that the classification was incorrect, it must adjust the service charge according to the correct classification.
(2)  If a service charge has been levied, or has been adjusted under subclause (1), on land on the basis of a classification made by a water supply authority under this Subdivision and the land later ceases to belong to that class, the water supply authority must adjust the service charge according to the new classification, on and from the date of the change of classification.
(3)  If the water supply authority has not acted under subclause (1) or (2) and an application for it to do so is made to the authority in writing stating the grounds of the application, the authority:
(a)  may act under subclause (1) or (2) or may refuse to do so, and
(b)  must give the applicant written notice of its decision.
(4)  If a service charge is adjusted under this clause, the water supply authority:
(a)  must give written notice of the adjustment to the person liable to pay the service charge, and
(b)  may recover any increase as if it were part of the service charge, even if an objection or appeal has been lodged but not determined, and
(c)  must refund any amount by which a service charge already paid has been decreased, or credit the amount towards payment of any amount then payable by the person liable to pay the service charge to the authority.
201   Objection to levying of service charge
(1)  If a service charge is levied on land on the basis of a classification made by a water supply authority under this Subdivision, the person liable to pay the service charge may, within one month after being served with notice of the levying of the service charge, object to the service charge.
(2)  An objection under this clause may be made only on the ground that the classification of the land according to which the service charge was levied was incorrect.
202   Objection to adjustment of service charge
(1)  If an adjustment results in a service charge being increased, the person liable to pay the amount of the increase may, within one month after being given notice of the increase, object to the adjustment.
(2)  An objection under this clause may be made only on the ground that the classification of the land according to which the service charge was adjusted was incorrect.
203   Objection to refusal to adjust service charge
(1)  If an application is made to a water supply authority for an adjustment of a service charge and the water supply authority:
(a)  refuses to adjust the service charge, or
(b)  refuses to adjust the service charge in the manner sought in the application,
the applicant may, within one month after being notified of the refusal, object to the refusal.
(2)  An objection under this clause may be made only on the ground that the refusal by the water supply authority was incorrect.
204   Objections generally
(1)  An objection is to be made by lodging with the water supply authority, or by serving on it by post, a written statement of the ground for the objection and the reasons why the objector believes the ground exists.
(2)  A water supply authority:
(a)  may allow, or disallow, an objection, and
(b)  must give the objector written notice of its decision on the objection.
Subdivision 3 Drainage areas
205   Notice of drainage area
(1)  On the declaration under section 308 (2) of the Act of a drainage area for a water supply authority, the water supply authority must deposit a map of the drainage area in its office.
(2)  The water supply authority must make the map available for inspection at reasonable times during its ordinary office hours.
(3)  The water supply authority must serve on each owner of land in the drainage area, personally or by post at the address of the owner last known to it, a notice to the effect that:
(a)  the drainage area has been declared, and
(b)  a map of the drainage area may be inspected at a specified place or specified places, and
(c)  drainage service charges are to be levied on land in the drainage area within a specified time, and
(d)  an objection to inclusion of the owner’s land in the drainage area may be lodged with the water supply authority, but only on the ground that surface or run-off water could not drain from the objector’s land into the drainage area, and
(e)  an objection must be in writing and must be lodged with the water supply authority before a specified date (being a date that is not earlier than 14 days after service of the notice), and
(f)  an objection will be referred by the water supply authority to an adjudicator for determination, and
(g)  an objector is not entitled to appear, or be represented, before the adjudicator unless the adjudicator so orders.
(4)  The water supply authority:
(a)  must appoint an independent person (that is, a person who is not subject to its direction or control) to be the adjudicator with respect to objections arising from the declaration of a particular drainage area, and
(b)  must refer all duly lodged objections to the adjudicator, and
(c)  must serve notice of the adjudicator’s decision on each objection on the objector concerned, either personally or by sending it by post to the objector’s address last known to the authority.
Subdivision 4 Flood plain and river management area
206   Notice of flood plain or river management area
(1)  The Upper Parramatta River Catchment Trust (the Trust) must keep in its office a map of any flood plain or river management area within its area of operations.
(2)  The Trust must make the map available for inspection at reasonable times during its ordinary office hours.
(3)  The Trust must publish in at least one newspaper circulating in the flood plain or river management area, as the case may be, a notice to the effect that:
(a)  the land concerned has been declared to be a flood plain or a river management area, and
(b)  a map of the flood plain or river management area may be inspected at a specified place or specified places, and
(c)  flood mitigation service charges or river management service charges, as the case may be, are to be levied on the land in the flood plain or river management area within a specified time, and
(d)  an objection to the inclusion of an owners land in the flood plain or river management area may be lodged with the Trust but only on the ground:
(i)  in the case of land within a flood plain—that the land does not benefit from the flood mitigation services proposed to be undertaken, or
(ii)  in the case of the land within a river management area—that the surface run-off water from the land does not drain into other land within the area, and
(e)  an objection must be in writing and must be lodged with the Trust before a specified day (being a date that is not earlier that 14 days after the publication of the notice), and
(f)  an objection will be referred by the Trust to an adjudicator for determination, and
(g)  an objector is not entitled to appear, or be represented before the adjudicator without being required by the adjudicator to do so.
(4)  The Trust must:
(a)  appoint a person (other than a person subject to the direction or control of the Trust) as an adjudicator on objections relating to the flood plain or river management area, and
(b)  refer all duly lodged objections to the adjudicator, and
(c)  serve personally or by post on each objector, at the address of the objector last known to the Trust, notice of the determination of the adjudicator on the objection.
Subdivision 5 Miscellaneous
207   Cutting off or restricting supply
A water supply authority may cut off or restrict the supply of water to land in any of the following circumstances:
(a)  if any service charges or other charges relating to the land are unpaid,
(b)  if the person requiring a supply of water:
(i)  fails to do anything that, under the Act or this Regulation, is required to be done to prevent waste, misuse, undue consumption, backflow or contamination of the water supplied by the water supply authority, or
(ii)  fails to comply with a notice under clause 136 regulating or restricting the use of water, or
(iii)  fails to comply with its conditions of supply, or
(iv)  fails to comply with its requirements in relation to the installation, repair or alteration of a meter for measuring water, or
(v)  fails to comply with its requirements in relation to the installation, repair or alteration of water or sewerage connections, plumbing fittings or appliances connected, or intended to be connected, directly or indirectly to a water main or sewer main,
(c)  if it is necessary to do so:
(i)  in order to repair or alter any connections, plumbing fittings or appliances referred to in paragraph (b) (v), or
(ii)  in order to effect repairs or to clean a water main or sewer main, or
(iii)  in order to conserve supplies in time of drought or other emergency, or
(iv)  because of an accident.
208   Service of notices
(1)  A notice under the Act to a Government Department may be served on the Department Head.
(2)  A notice under the Act to a corporation constituted by or under an Act may be served:
(a)  by leaving it at the corporation’s registered office or principal place of business with a person who appears to be employed there and to be at least 16 years old, or
(b)  in any manner authorised by or under the Act by which the corporation is constituted.
(3)  A notice under the Act to a person liable for payment of a service charge or other charge, or to a person who is owner or occupier of land or a building, may be served:
(a)  personally, or
(b)  by leaving it, at the person’s residential or business address, with a person who appears to be employed or to reside there and to be at least 16 years old, or
(c)  by sending it by post to the person’s residential or business address last known to the water supply authority serving the notice, or
(d)  by affixing it to a conspicuous part of the land or building.
(4)  A notice under the Act may be served on a person who appears to be absent from the State, and who has authorised service on an agent, by serving it on the agent of the person as if the agent were the person to be served.
(5)  If a notice relates to unoccupied land and the address of the owner is not known to the water supply authority serving the notice, it may be served by an advertisement that:
(a)  is published in a newspaper circulating in its area, and
(b)  states the name of the owner of the land, if known to it, and
(c)  if the notice is notice of a service charge, states its amount, the period to which the charge relates and that a detailed notice of the service charge may be obtained at its offices, and
(d)  states that the advertisement operates as service of the notice.
(6)  It is a sufficient description of the addressee of a notice to be served if the notice specifies “the owner”, “the occupier” or other appropriate description.
209   Recording of service charge
(1)  A water supply authority must keep records relating to each service charge as required by the Minister and must keep the records in a manner approved by the Minister.
(2)  An amendment of the records kept under this clause may be made:
(a)  so as to insert the name of a person who claims to be, and is, entitled to be recorded as owner or occupier, or
(b)  so as to insert the name of a person to whom an account for a service charge should have been rendered or who has, since the levying of a service charge, become liable to pay it, or
(c)  so as to omit the name of a person whose name should not have been recorded, or
(d)  so as to vary the amount of a service charge, whether as a result of an error in recording or notifying it, as a result of an adjustment or objection or as a result of an appeal, or
(e)  so as to insert particulars of land that should have been the subject of a service charge, or
(f)  so as to make such other corrections as will ensure conformity of the records with the Act.
(3)  A liability to make a payment as a result of an amendment accrues on the making of the amendment, but the payment is not overdue if made within one month after written notice of the amendment, and of the resulting liability, has been given to the person liable.
Division 8 Concessions for eligible pensioners and others
Subdivision 1 Preliminary
210   Application
This Division (Subdivision 5 excepted) applies to and in respect of the following water supply authorities:
(a)  Country Energy,
(b)  Cobar Water Board.
211   Definitions
(1)  In this Division:
eligible pensioner, in relation to a dwelling, means a person who occupies the dwelling as his or her sole or principal residence and:
(a)  who receives a pension, benefit or allowance under Chapter 2 of the Social Security Act 1991 of the Commonwealth, or a service pension under Part III of the Veterans’ Entitlements Act 1986 of the Commonwealth, and who is the holder of a pensioner concession card issued by or on behalf of the Commonwealth, or
(b)  who receives a pension from the Commonwealth Department of Veterans’ Affairs as:
(i)  the widow or widower of a member of the Australian Defence or Peacekeeping Forces, or
(ii)  the unmarried mother of a deceased unmarried member of either of those Forces, or
(iii)  the widowed mother of a deceased unmarried member of either of those Forces,
and does not have income and assets that would prevent the person from being granted a pensioner concession card (assuming he or she was eligible for such a card), or
(c)  who receives a special rate of pension under section 24 of the Veterans’ Entitlements Act 1986 of the Commonwealth.
Gazetted amount means an amount specified by the Minister, by order published in the Gazette, for the purposes of this Division.
instalment, in relation to a service charge, means an instalment payable under clause 198 in respect of the charge.
nominal amount, in relation to the service charges payable for any land, means the lesser of the following amounts:
(a)  an amount equal to half of all service charges for that land for the current charging year,
(b)  an amount equal to:
(i)  except as provided by subparagraph (ii), the whole of the Gazetted amount, or
(ii)  if the only service charge payable for that land is a water service charge, half of the Gazetted amount.
service charge includes an instalment of a service charge.
water service charge includes a drainage service charge levied in conjunction with the water service charge.
(2)  In this Division, a reference to the time at which a service charge is levied is, in the case of an instalment of the service charge, a reference to the time at which the instalment is due for payment.
Subdivision 2 Reductions for pensioners
212   When entitlement arises
A water supply authority is to reduce a service charge under this Subdivision if:
(a)  an application for the reduction is made to it by an eligible pensioner, and
(b)  as at the day on which the service charge is levied or imposed, it is satisfied that the eligible pensioner is solely or jointly liable for payment of the charge, and
(c)  sufficient evidence is produced to it to enable the reduction to be calculated.
213   Reduction of total charges
An eligible pensioner who is liable for a service charge for any land for any charging year is required to pay, for all service charges payable for that land for that year, no more than an amount calculated by dividing the nominal amount in relation to those charges by the number of persons liable for those charges.
214   Reduction of instalments for charges
An eligible pensioner who is liable for an instalment of a service charge for any land for any charging year is required to pay, as an instalment for all service charges payable for that land for that year, no more than an amount calculated by:
(a)  dividing the nominal amount in relation to those charges by the number of persons liable for those charges, and
(b)  dividing the result of that division by the number of instalments payable in relation to those charges.
215   Application by person who becomes eligible pensioner after charge is levied
If a person becomes an eligible pensioner after the day on which a service charge is levied or imposed, the person is entitled to a reduction of the charge proportionate to the number of days remaining after the day on which the person becomes an eligible pensioner in the charging year for which the charge is levied or imposed.
Subdivision 3 Other reductions
216   Extension of reduction to avoid hardship
(1)  If the Minister considers it proper to do so to avoid hardship, the Minister may, by order, direct that:
(a)  a person specified in the order:
(i)  who occupies a dwelling as his or her sole or principal residence together with an eligible pensioner for whom the dwelling is his or her sole or principal residence, and
(ii)  who is jointly liable with that eligible pensioner or with that eligible pensioner and one or more other persons for a service charge for the land on which that dwelling is situated, and
(iii)  who would not otherwise be entitled to a reduction of the service charge under this Division, or
(b)  any person belonging to a class of persons specified in the order, being persons referred to in paragraph (a),
is taken, for the purposes of this Division, to be or to have been an eligible pensioner.
(2)  If the Minister considers it proper to do so to avoid hardship, the Minister may, by order, direct that:
(a)  an eligible pensioner specified in the order who, although not liable, or although not liable jointly with one or more persons, to the whole of the service charges for the land on which that dwelling is situated:
(i)  has paid the whole of those charges for such period as, in the opinion of the Minister, warrants the making of such an order, or
(ii)  is, in the opinion of the Minister, likely to pay the whole of those charges in such circumstances as, in the opinion of the Minister, warrant the making of such an order, or
(b)  any person belonging to a class of persons specified in the order, being persons referred to in paragraph (a),
is taken, for the purposes of this Division, to be or to have been the person solely liable in respect of the land on which the dwelling is situated.
(3)  An order under this clause takes effect on the day that it is made or on such earlier or later day as is specified in the order.
Subdivision 4 General provisions concerning reductions
217   Making of application
An application to a water supply authority under this Division must be made to it within the time, and in the manner, determined by the authority.
Note—
Section 344 of the Act provides that it is an offence to make a false or misleading application.
218   Refund of certain overpayments
If a person:
(a)  has paid in full a service charge for a charging year, and
(b)  would have been entitled to a reduction of the service charge if it had been paid by instalments, and
(c)  applies to the water supply authority for a refund of the amount of the reduction,
the water supply authority must make the refund or credit the amount towards payment of any amount then payable in relation to the land concerned by the person liable to pay the amount to the authority.
219   Exemption from liability
An eligible pensioner is not liable for a service charge beyond the amount of his or her liability as reduced in accordance with this Division.
220   Recovery of amount of reduction
A water supply authority is not entitled to repayment of an amount by which a service charge is reduced under this Division unless the reduction was made on the basis of a false statement in the application for the reduction.
Subdivision 5 Water supply authorities that are also local councils
221   Water supply authorities that are also local councils
(1)  This clause applies to and in respect of the following water supply authorities:
(a)  Gosford City Council,
(b)  Wyong Shire Council.
(2)  The provisions of the Local Government Act 1993 (and the regulations under that Act) that apply to the reduction and postponement of rates and charges under that Act apply to the reduction and postponement of service charges and other charges under the Water Management Act 2000.
(3)  Subclause (2) does not extend to the requirement, under section 581 of the Local Government Act 1993, for councils to be reimbursed for a proportion of amounts written off under that Act.
Division 9 Miscellaneous
222   Supply of plans
On application by an owner or an owner’s agent, a water supply authority must issue a plan showing the point of connection to its sewerage system of any land.
223   Information to accompany applications under section 305
For the purposes of section 305 (2) of the Act, an application for a certificate of compliance for development must be accompanied:
(a)  by information as to whether or not the development is the subject of development consent or a complying development certificate under the Environmental Planning and Assessment Act 1979, and
(b)  if it is so subject, by a copy of the development consent or complying development certificate.
224   Development that may be subject to section 306 requirements
For the purposes of section 306 (1) of the Act, the following kinds of development are prescribed as development to which that section applies:
(a)  the erection, enlargement or extension of a building or the placing or relocating of a building on land,
(b)  the subdivision of land,
(c)  the change of use of land or of any building situated on the land.
225   Members of Cobar Water Board
For the purposes of clause 22 (2) (b) (ii) of Schedule 5 to the Act, Peak Gold Mines Pty Ltd is prescribed as a mining company that can nominate a member of the Cobar Water Board in place of Goldcorp Asia Pacific Pty Ltd.
Part 10 Miscellaneous
226   Management plans—water sharing provisions
(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 exceeds the amount that is allowed to be taken under that licence.
(2)  For the purposes of section 21 (f) of the Act, the water sharing planning provisions of a management plan for a water management area or water source may deal with the short term delivery of water through the area, including by providing for the grouping of water orders and the periodic release of such orders, where the circumstances or conditions of delivery would result in unacceptably high delivery losses.
(3)  In this clause, the relevant dam means the dam from which water is released for delivery to the holder of an access licence.
227   Fees and charges
(1)  Subject to this Regulation, a charging authority may waive or reduce any fee or charge imposed under the Act.
(2)  In this clause, charging authority, in relation to a fee or charge, means the person or body (other than the Minister) that imposes the fee or charge.
228   Penalty notice offences
For the purposes of section 365 of the Act:
(a)  each offence created by a provision specified in Column 1 of Schedule 8 is declared to be a penalty notice offence, and
(b)  the penalty prescribed for such an offence is:
(i)  the amount specified in Column 2 of Schedule 8, or
(ii)  if the person alleged to have committed the offence is a corporation, and if a greater amount is specified in Column 3 of Schedule 8, the amount specified in Column 3 of Schedule 8.
229   Electronic lodgment of certain applications, claims and objections
(1)  An application referred to in clause 9 or 23, a claim referred to in clause 16 or an objection referred to in clause 25, 43 or 45 may be lodged electronically only if:
(a)  the information recorded in the application, claim or objection is capable, at any time, of being reproduced in a written form, and
(b)  the application, claim or objection is lodged in an information system designated by the Minister for the purpose of receiving such an application, claim or objection.
(2)  Such an application, claim or objection that is lodged electronically is taken to be duly authenticated if:
(a)  it identifies:
(i)  in the case of an application, each party to the application, and
(ii)  in the case of a claim, the claimant, and
(iii)  in the case of an objection, the objector, and
(b)  it indicates the belief of each party, or the claimant or the objector in the truth of the information contained in the application, claim or objection (as the case may be).
230   Transformation of water entitlements
(1)  For the purposes of sections 190A (4) and 237A (4) of the Act, a determination by a private irrigation board or the members of a private water trust of a landholder’s water entitlement must specify the following:
(a)  the proportion of the share component of an access licence held by or on behalf of the board or trust that is available to the landholder,
(b)  the licence category of the landholder’s proportion of the share component.
(2)  For the purposes of sections 190A (6) and 237A (6) of the Act, a member of a person’s immediate family means:
(a)  a spouse or de facto partner or former spouse or de facto partner of the person,
(b)  a child or step-child of the person,
(c)  a grandchild or step-grandchild of the person,
(d)  a parent or step-parent of the person,
(e)  a grandparent or step-grandparent of the person,
(f)  a brother, sister, step-brother or step-sister of the person.
231   Metering equipment installed by Ministerial Corporation
(1)  The Ministerial Corporation is the owner of metering equipment installed or replaced by the Ministerial Corporation on or after 4 March 2011.
(2)  The Ministerial Corporation may exercise the function of modifying metering equipment (whether or not it is the property of the Corporation) but is not to exercise that function to the exclusion of any other person unless the equipment is referred to in subclause (3).
(3)  The Ministerial Corporation may exercise the functions specified in section 372A (2) of the Act exclusively in relation to the following metering equipment:
(a)  metering equipment installed, modified or replaced by the Ministerial Corporation on or after 4 March 2011,
(b)  metering equipment installed, modified or replaced by the Ministerial Corporation before 4 March 2011 pursuant to the Funding Deed dated 15 April 2009 between the Commonwealth of Australia and the New South Wales Government in relation to the Hawkesbury Nepean River Recovery Project.
232   Repeal and savings
(1)  The Water Management (Irrigation Corporations) Savings and Transitional Regulation 1995 is repealed.
(2)  Any act, matter or thing that had effect under either of the following Regulations, immediately before the repeal of the regulation concerned, continues to have effect under this Regulation:
Note—
Section 30 (2) (d) of the Interpretation Act 1987 ensures that the repeal of a regulation does not affect the operation of any savings or transitional provision contained in the regulation.
Schedule 1 Excluded works
(Clause 3 (1), definition of “excluded work”)
1   
Dams solely for the control or prevention of soil erosion:
(a)  from which no water is reticulated (unless, if the dam is fenced off for erosion control purposes, to a stock drinking trough in an adjoining paddock) or pumped, and
(b)  the structural size of which is the minimum necessary to fulfil the erosion control function, and
(c)  that are located on a minor stream.
2   
Dams solely for flood detention and mitigation:
(a)  from which no water is reticulated or pumped, and
(b)  that are located on a minor stream.
3   
Dams solely for the capture, containment and recirculation of drainage and/or effluent, consistent with best management practice or required by a public authority (other than Landcom or the Superannuation Administration Corporation or any of their subsidiaries) to prevent the contamination of a water source, that are located on a minor stream.
4   
Dams approved in writing by the Minister for specific environmental management purposes:
(a)  that are located on a minor stream, and
(b)  from which water is used solely for those environmental management purposes.
5   
Rainwater tanks collecting water from roofs only.
6   
Works impounding water that exceeds the harvestable rights referred to in an order under section 54 of the Act:
(a)  that were constructed before 1 January 1999, and
(b)  that are used solely for domestic consumption and stock watering or that do not result in the extraction of water, and
(c)  that are located on a minor stream, and
(d)  from which water is being used only on the landholding on which the dam is located.
7   
Dams or excavations located on a river or lake constructed under section 7 of the Water Act 1912 before 1 January 2001 that are used solely for stock, domestic or stock and domestic purposes, or for purposes which do not require extraction of water.
8   
Works in the Western Division that are located on lakes shown in the legend of the 1:100 000 topographic maps issued by the Land Information Centre (formerly the Central Mapping Authority) applying at 1 January 1999 to that Division as “Lake Mainly Dry”.
9   
Works in the Western Division constructed before 1 January 1999:
(a)  impounding water on the areas of land shown in the legend of the 1:100 000 topographic maps issued by the Land Information Centre applying at 1 January 1999 to that Division as land subject to flooding or inundation, or lakes shown as “perennial” or “intermittent”, and
(b)  from which water is used solely for stock, domestic or stock and domestic purposes, or for purposes which do not require extraction of water.
Schedule 2 Diagram and map references relating to streams
(Clause 3 (1), definition of “minor stream”)
Part 1 Schematic diagram of stream order of a watercourse
The method of determining the stream order of a watercourse shown on a topographic map is the Strahler system as shown below. The Strahler system is applied to the watercourses shown on the topographic maps as listed in Part 2.
The Strahler system:
  Starting at the top of a catchment, any watercourse which has no other watercourses flowing into it is classed as a first order stream (1).
  If two first order streams join, the stream becomes a second order stream (2).
  If a second order stream is joined by a first order stream, it remains a second order stream.
  If two second order streams join they form a third order stream (3).
  A third order stream does not become a fourth order stream until it is joined by another third order stream.
Part 2 References to topographic maps with stream locations
The topographic maps referred to in this Part are issued by the Land Information Centre (formerly the Central Mapping Authority).
Map Name
Map
Edition
Scale
ARUMPO
7430
1976
1:100000
BADEN PARK
7733
1973
1:100000
BANCANNIA
7236
1977
1:100000
BARNATO
7834
1978
1:100000
BERAWINNIA DOWNS
7639
1976
1:100000
BIDURA
7529
1977
1:100000
BOBADAH
8233
1975
1:100000
BONO
7432
1978
1:100000
BOOLABOOLKA
7532
1978
1:100000
BOOROONDARRA
7935
1978
1:100000
BOURKE
8037
1980
1:100000
BREWARRINA
8238
1980
1:100000
BRINDINGABBA
7839
1980
1:100000
BROKEN HILL
7134
1975
1:100000
BUCKALOW
7132
1977
1:100000
BUNDA
7434
1978
1:100000
BUNDEMAR
8534
1979
1:100000
BUNNERUNGEE
7230
1978
1:100000
BYROCK
8136
1980
1:100000
CALLINDRA
7635
1978
1:100000
CANBELEGO
8134
1978
1:100000
CLIFTON BORE
7438
1976
1:100000
COBAR
8035
1978
1:100000
COBHAM LAKE
7337
1977
1:100000
CONOBLE
7832
1976
1:100000
COOLABAH
8235
1979
1:100000
COOMBIE
7932
1975
1:100000
COONAMBLE
8536
1979
1:100000
CORONA
7135
1978
1:100000
CUMBORAH
8438
1979
1:100000
CUTHERO
7331
1977
1:100000
DARNICK
7632
1978
1:100000
DUNGALEAR
8538
1979
1:100000
DUNUMBRAL
8539
1979
1:100000
ENNGONIA
8039
1980
1:100000
FORDS BRIDGE
7938
1980
1:100000
FORT GREY
7139
1977
1:100000
FOWLERS GAP
7235
1978
1:100000
GERARA
8139
1980
1:100000
GINDOONO
8232
1975
1:100000
GLENARIFF
8236
1980
1:100000
GONGOLGON
8237
1980
1:100000
GOODOOGA
8339
1979
1:100000
GRASMERE
7435
1978
1:100000
GULARGAMBONE
8535
1979
1:100000
GUNDERBOOKA
8036
1980
1:100000
HATFIELD
7630
1977
1:100000
HAWKER GATE
7138
1977
1:100000
HERMIDALE
8234
1979
1:100000
INNESOWEN
7835
1978
1:100000
IVANHOE
7732
1973
1:100000
KANGO
7737
1980
1:100000
KAYRUNNERA
7436
1977
1:100000
KEEWONG
7933
1973
1:100000
KILFERA
7731
1976
1:100000
KILPARNEY
8132
1975
1:100000
LACHLAN DOWNS
8033
1975
1:100000
LAKE TANDOU
7332
1977
1:100000
LAKE VICTORIA
7130
1977
1:100000
LIGHTNING RIDGE
8439
1979
1:100000
LOUTH
7936
1978
1:100000
LOWER LILA
8038
1980
1:100000
MANARA
7633
1978
1:100000
MANFRED
7631
1977
1:100000
MENA MURTEE
7535
1978
1:100000
MENINDEE
7333
1978
1:100000
MIDDLE CAMP
7232
1977
1:100000
MILPARINKA
7238
1977
1:100000
MONOLON
7537
1976
1:100000
MOSSGIEL
7831
1973
1:100000
MOUNT ALLEN
8032
1975
1:100000
MOUNT ARROWSMITH
7237
1977
1:100000
MOUNT HARRIS
8435
1979
1:100000
MOUNT OXLEY
8137
1980
1:100000
MULURULU
7531
1976
1:100000
MURTEE
7634
1978
1:100000
NARRAN
8338
1979
1:100000
NARTOOKA
7433
1978
1:100000
NECKARBOO
7833
1973
1:100000
NELYAMBO
7735
1978
1:100000
NUCHEA
7335
1978
1:100000
NYMAGEE
8133
1975
1:100000
NYNGAN
8334
1979
1:100000
OLIVE DOWNS
7239
1977
1:100000
PAIKA
7629
1977
1:100000
PARA
7330
1978
1:100000
POONCARIE
7431
1975
1:100000
POPILTAH
7231
1977
1:100000
QUAMBONE
8436
1979
1:100000
REDAN
7233
1975
1:100000
SCOTIA
7131
1977
1:100000
SMITHVILLE
7137
1977
1:100000
SUSSEX
8135
1979
1:100000
TALTINGAN
7234
1975
1:100000
TALYEALYE
7739
1980
1:100000
TEILTA
7136
1977
1:100000
TERYAWYNIA
7533
1978
1:100000
THACKARINGA
7133
1975
1:100000
THE MEADOWS
7934
1976
1:100000
THOOLABOOL
7736
1978
1:100000
THURLOO DOWNS
7539
1976
1:100000
TIBOOBURRA
7339
1977
1:100000
TINCHELOOKA
7838
1980
1:100000
TONGO
7637
1976
1:100000
TONGOWOKO
7439
1976
1:100000
TOORALE
7937
1978
1:100000
TOPAR
7334
1978
1:100000
TURLEE
7530
1977
1:100000
URELLA
7538
1976
1:100000
URISINO
7638
1976
1:100000
UTAH LAKE
7837
1978
1:100000
WANAARING
7738
1980
1:100000
WARRAWEENA
8138
1980
1:100000
WARREN
8434
1979
1:100000
WEILMORINGLE
8239
1980
1:100000
WHITE CLIFFS
7536
1976
1:100000
WILCANNIA
7534
1978
1:100000
WILD DOG
7429
1978
1:100000
WILLANDRA
7931
1975
1:100000
WINBAR
7836
1978
1:100000
WONNAMINTA
7336
1977
1:100000
WOOLAKULKRA
7734
1978
1:100000
WRIGHTVILLE
8034
1978
1:100000
YANCANNIA
7437
1976
1:100000
YANTABANGEE
7636
1976
1:100000
YANTABULLA
7939
1980
1:100000
YANTARA
7338
1977
1:100000
ABERBALDIE
9135-1N
1973
1:25000
ABERDEEN
9033-1S
1978
1:25000
ABINGTON
9137-3N
1986
1:25000
ADJUNGBILLY
8527-1N
1989
1:25000
AFTERLEE
9440-1N
1976
1:25000
ALBION PARK
9028-1N
1986
1:25000
ALLYNBROOK
9233-3N
1984
1:25000
APPIN
9029-1S
1985
1:25000
APSLEY
9235-1N
1981
1:25000
ARALUEN
8826-1S
1981
1:25000
ARIAH
8229-4N
1974
1:25000
ARKSTONE
8829-4N
1975
1:25000
ARMIDALE
9236-4N
1981
1:25000
ATTUNGA
9036-2S
1981
1:25000
AUBURN
9031-1S
1974
1:25000
AVON RIVER
9029-3S
1984
1:25000
BACKWATER
9237-1N
1987
1:25000
BADJA
8825-4N
1972
1:25000
BALALA
9136-1N
1982
1:25000
BALD BLAIR
9237-1S
1973
1:25000
BALDERSLEIGH
9137-2N
1986
1:25000
BALDWIN
9036-3N
1981
1:25000
BALLENGARRA
9435-3N
1987
1:25000
BALLINA
9640-3N
1981
1:25000
BANDA BANDA
9335-1S
1999
1:25000
BANYABBA
9539-3N
1985
1:25000
BARE POINT
9538-2N
1981
1:25000
BARGO
9029-3N
1985
1:25000
BARRABA
9037-3S
1984
1:25000
BARRALLIER
8929-3N
1988
1:25000
BARRINGTON TOPS
9133-1N
1978
1:25000
BARRY
9134-1N
1972
1:25000
BARYULGIL
9439-4S
1985
1:25000
BATHURST
8831-3S
1984
1:25000
BATLOW
8526-4N
1977
1:25000
BEDULLUCK
8727-4N
1978
1:25000
BEGA
8824-1S
1973
1:25000
BELLBROOK
9436-3N
1984
1:25000
BELLINGEN
9437-2S
1979
1:25000
BELOWRA
8825-4S
1972
1:25000
BEMBOKA
8824-4S
1973
1:25000
BEN BULLEN
8931-4S
1974
1:25000
BEN LOMOND
9237-4N
1987
1:25000
BENDEMEER
9136-3S
1981
1:25000
BENDETHERA
8826-2S
1982
1:25000
BENDOURA
8826-4N
1981
1:25000
BERENDERRY
8934-3S
1981
1:25000
BERESFIELD
9232-3N
1990
1:25000
BERMAGUI
8925-3S
1972
1:25000
BERRIOYE
8936-1N
1981
1:25000
BERRY
9028-3N
1985
1:25000
BIG HILL
9336-4S
1987
1:25000
BIG SPRINGS
8327-2N
1976
1:25000
BILLYENA
8937-3S
1982
1:25000
BIMLOW
8930-2S
1979
1:25000
BINALONG
8628-4S
1990
1:25000
BINDOOK
8929-4S
1981
1:25000
BINGARA
9038-3N
1978
1:25000
BIRDWOOD
9335-2N
1980
1:25000
BLACK MOUNTAIN
9237-3N
1987
1:25000
BLACKVILLE
8934-4S
1979
1:25000
BLAXLANDS FLAT
9438-2S
1984
1:25000
BLOWERING
8527-2S
1988
1:25000
BOBBYS PLAINS
8627-3N
1979
1:25000
BOBIN
9334-1S
1980
1:25000
BODALLA
8925-4N
1987
1:25000
BOGEE
8932-3S
1974
1:25000
BOGGABRI
8936-4S
1981
1:25000
BOMBAH POINT
9332-1N
1976
1:25000
BOMBALA
8724-3S
1972
1:25000
BOMBAY
8827-3S
1979
1:25000
BONALBO
9440-4S
1977
1:25000
BONDI
9130-2S
1985
1:25000
BOOKOOKOORARA
9340-3N
1977
1:25000
BOONOO BOONOO
9340-3S
1977
1:25000
BOOYAMURNA
8834-2N
1987
1:25000
BORAMBIL
8933-4N
1981
1:25000
BORO
8827-4S
1980
1:25000
BOTANY BAY
9130-3S
1986
1:25000
BOTOBOLAR
8832-1N
1985
1:25000
BOWMAN
9234-2S
1983
1:25000
BRACKENDALE
9235-4S
1981
1:25000
BRAIDWOOD
8827-2S
1979
1:25000
BRANGA PLAINS
9235-3N
1972
1:25000
BRAYS CREEK
9541-3S
1985
1:25000
BREDBO
8726-3S
1981
1:25000
BREEZA
8935-2N
1979
1:25000
BRINDABELLA
8627-3S
1979
1:25000
BROCKLEHURST
8633-4S
1985
1:25000
BROGO
8824-1N
1973
1:25000
BROKEN BACK
9132-3N
1985
1:25000
BROKEN BAY
9130-1N
1985
1:25000
BROOKLANA
9437-2N
1978
1:25000
BROOMAN
8927-3S
1982
1:25000
BROOMBEE
8832-4S
1985
1:25000
BROOMS HEAD
9538-1N
1981
1:25000
BRUNGLE
8527-4S
1977
1:25000
BRUNSWICK HEADS
9640-4N
1981
1:25000
BUCCARUMBI
9438-3N
1984
1:25000
BUKALONG
8724-3N
1989
1:25000
BUKKULLA
9138-4N
1978
1:25000
BULAHDELAH
9333-3S
1984
1:25000
BULGA
9132-4S
1975
1:25000
BULLDOG ROCK
9339-1N
1974
1:25000
BULLI
9029-2N
1982
1:25000
BUNDANOON
8928-1S
1982
1:25000
BUNDARRA
9137-4S
1986
1:25000
BUNDOOK
9334-3S
1986
1:25000
BUNGENDORE
8727-2N
1978
1:25000
BUNGONIA
8828-2N
1981
1:25000
BUNNAN
9033-4N
1978
1:25000
BURRAGA
8830-3S
1979
1:25000
BURRAGATE
8823-4N
1974
1:25000
BURRAGORANG
8929-1N
1981
1:25000
BURRIER
8928-2N
1982
1:25000
BURRINGBAR
9541-2S
1985
1:25000
BURRUMBELA
8826-2N
1982
1:25000
BYABARRA
9434-4N
1986
1:25000
BYLONG
8933-3S
1981
1:25000
BYRON BAY
9640-4S
1982
1:25000
CABRAMURRA
8526-2S
1977
1:25000
CADGEE
8825-1S
1971
1:25000
CAMBERWELL
9133-3S
1978
1:25000
CAMDEN
9029-4N
1985
1:25000
CAMELBACK
9439-3S
1985
1:25000
CAMPBELLTOWN
9029-1N
1984
1:25000
CANBERRA
8727-3N
1980
1:25000
CANDELO
8824-3N
1973
1:25000
CANGAI
9338-1N
1974
1:25000
CANYON LEIGH
8928-4N
1982
1:25000
CAOURA
8928-3N
1982
1:25000
CAPEEN
9440-4N
1977
1:25000
CAPERTEE
8831-1S
1985
1:25000
CAPTAINS FLAT
8726-1N
1979
1:25000
CARABOST
8426-4N
1976
1:25000
CARCOAR
8730-4N
1989
1:25000
CARNHAM
9439-3N
1985
1:25000
CAROONA
8935-2S
1979
1:25000
CARRABOLLA
9133-1S
1978
1:25000
CARRAI
9336-3N
1987
1:25000
CARROW BROOK
9133-2N
1978
1:25000
CASINO
9540-3N
1985
1:25000
CASSILIS
8833-1N
1986
1:25000
CATHCART
8724-2N
1988
1:25000
CATHERINE HILL BAY
9231-4S
1984
1:25000
CENTRAL TILBA
8925-3N
1987
1:25000
CESSNOCK
9132-2N
1984
1:25000
CHAELUNDI
9337-1N
1974
1:25000
CHATSBURY
8828-1N
1981
1:25000
CHERRY TREE HILL
9038-1N
1978
1:25000
CHICHESTER
9233-4S
1978
1:25000
CLARENCE TOWN
9232-1N
1985
1:25000
CLEARFIELD
9439-1S
1985
1:25000
CLEVEDON
9237-2N
1987
1:25000
CLOUDS CREEK
9437-4N
1978
1:25000
CLYBUCCA
9436-2S
1984
1:25000
COALDALE
9439-2S
1985
1:25000
COBARGO
8825-2S
1987
1:25000
COBARK
9234-3S
1983
1:25000
COBBADAH
9037-4S
1981
1:25000
COFFS HARBOUR
9537-3N
1985
1:25000
COLINTON
8726-3N
1979
1:25000
COLLINGULLIE
8327-4N
1989
1:25000
COLLY BLUE
8935-3S
1979
1:25000
COLO HEIGHTS
9031-3N
1975
1:25000
COMARA
9336-2N
1987
1:25000
COMBOYNE
9334-1N
1980
1:25000
COOLAH
8834-3N
1987
1:25000
COOLANBILLA
8935-3N
1979
1:25000
COOLONGOLOOK
9333-1S
1984
1:25000
COOLUMBOOKA
8724-2S
1972
1:25000
COOMA
8725-4S
1981
1:25000
COOMBADJHA
9339-2S
1974
1:25000
COOPERNOOK
9434-3N
1986
1:25000
COOPLA CURRIPA
9234-1N
1973
1:25000
COORONGOOBA
8932-2S
1974
1:25000
COPETON DAM
9038-2S
1978
1:25000
COPMANHURST
9438-1N
1984
1:25000
CORANG
8927-3N
1982
1:25000
COREINBOB
8427-4S
1988
1:25000
CORICUDGY
8932-2N
1974
1:25000
CORIN DAM
8626-1N
1979
1:25000
CORYAH
8937-4S
1982
1:25000
COTTER DAM
8627-2N
1979
1:25000
COURABYRA
8526-4S
1977
1:25000
COURAGAGO
8627-4S
1978
1:25000
COUTTS CROSSING
9438-2N
1982
1:25000
COWAN
9130-4N
1984
1:25000
COWAN-E
9130-41
3/96
1:25000
COWRA CREEK
8725-1N
1981
1:25000
CRAIGIE
8723-4N
1972
1:25000
CRAVEN
9233-1S
1972
1:25000
CRAWNEY PASS
9134-4N
1972
1:25000
CROOKHAVEN
9028-2S
1984
1:25000
CUDGEN
9641-3N
1985
1:25000
CULCAIRN
8326-4S
1976
1:25000
CULLEN BULLEN
8931-3N
1974
1:25000
CUNDLETOWN
9434-3S
1986
1:25000
CUNJURONG POINT
9027-3N
1982
1:25000
CURLEWIS
8935-1N
1979
1:25000
CURRARONG
9027-1N
1984
1:25000
CURRICABARK
9234-4S
1972
1:25000
CURROWAN
8926-4N
1982
1:25000
DALMORTON
9338-2N
1974
1:25000
DARKWOOD
9437-3S
1979
1:25000
DAWSONS HILL
9133-3N
1978
1:25000
DELUNGRA
9038-1S
1978
1:25000
DENISON
8626-3S
1981
1:25000
DENMAN
9033-3S
1977
1:25000
DINOGA
9038-3S
1978
1:25000
DOORALONG
9131-1S
1984
1:25000
DORRIGO
9437-3N
1978
1:25000
DOYLES CREEK
9032-1N
1974
1:25000
DRAKE
9340-2S
1977
1:25000
DRUMMOND
9037-1S
1981
1:25000
DUMARESQ
9237-3S
1987
1:25000
DUNDEE
9238-1N
1978
1:25000
DUNDURRABIN
9437-4S
1978
1:25000
DUNGOG
9233-2S
1984
1:25000
DUNGOWAN
9135-4S
1973
1:25000
DUNOON
9540-1S
1985
1:25000
DURI
9035-1S
1979
1:25000
DURRAN DURRA
8827-2N
1979
1:25000
DURRAS
8926-1S
1982
1:25000
DURRIDGERE
8833-1S
1986
1:25000
EBOR
9337-2S
1974
1:25000
EDEN
8823-1N
1974
1:25000
EDITH
8830-2N
1979
1:25000
ELBOW VALLEY
9341-3S
1977
1:25000
ELDERSLIE
9132-1N
1975
1:25000
ELLANGOWAN
9539-4N
1985
1:25000
ELLERSTON
9134-2N
1982
1:25000
ELSMORE
9138-2N
1978
1:25000
EMBLEM
9035-2S
1979
1:25000
EMERALD HILL
8936-3S
1981
1:25000
EMMAVILLE
9239-3S
1981
1:25000
EMPIRE VALE
9640-3S
1981
1:25000
ENDRICK
8927-4S
1985
1:25000
ENMORE
9236-1S
1981
1:25000
ETTRICK
9440-1S
1977
1:25000
EULOMOGO
8633-3N
1985
1:25000
EULOWRIE
8937-1N
1982
1:25000
EUNGAI
9436-2N
1984
1:25000
FIVE DAY CREEK
9336-1S
1987
1:25000
FORSTER
9433-4S
1982
1:25000
FREEMANTLE
8731-2N
1987
1:25000
FULLERTON
8829-4S
1975
1:25000
GALLA GILLA
8934-2S
1981
1:25000
GANGAT
9333-4N
1984
1:25000
GENOA
8823-3S
1974
1:25000
GERROA
9028-2N
1985
1:25000
GIBBERAGEE
9539-4S
1985
1:25000
GIRO
9234-1S
1973
1:25000
GIRRAGULANG
8834-3S
1987
1:25000
GIRRALONG
9436-4N
1982
1:25000
GLASSTON
8934-2N
1981
1:25000
GLEN ALICE
8931-4N
1974
1:25000
GLEN ALLEN
8724-1S
1971
1:25000
GLEN ELGIN
9338-4N
1974
1:25000
GLEN GALLIC
9032-4N
1974
1:25000
GLEN INNES
9238-4S
1978
1:25000
GLENIRIE
9037-1N
1981
1:25000
GLENREAGH
9437-1N
1978
1:25000
GLENROCK
9134-1S
1972
1:25000
GLOUCESTER
9233-1N
1978
1:25000
GLOUCESTER TOPS
9233-4N
1978
1:25000
GOLSPIE
8829-3N
1975
1:25000
GOONOO GOONOO
9035-2N
1979
1:25000
GORAN
8935-4S
1979
1:25000
GOSFORD
9131-2S
1985
1:25000
GOSPERS MOUNTAIN
8931-1N
1974
1:25000
GOSTWYCK
9236-4S
1981
1:25000
GOULBURN
8828-3N
1981
1:25000
GOWAN
8731-1S
1987
1:25000
GRAFTON
9438-1S
1985
1:25000
GRANTS HEAD
9434-1N
1986
1:25000
GRATTAI
8937-4N
1981
1:25000
GREEN GULLY
9335-4N
1982
1:25000
GRESFORD
9233-3S
1984
1:25000
GRETA
9132-1S
1975
1:25000
GREVILLIA
9441-2S
1977
1:25000
GRIFFITH
8129-3N
1982
1:25000
GROWEE
8932-4S
1974
1:25000
GULGONG
8833-3N
1986
1:25000
GULLIGAL
8936-3N
1981
1:25000
GUM FLAT
9038-2N
1978
1:25000
GUNDAGAI
8527-4N
1990
1:25000
GUNDAHL
9438-4S
1984
1:25000
GUNDERMAN
9131-3S
1984
1:25000
GUNGAL
8933-2N
1981
1:25000
GUNNEDAH
8936-2S
1981
1:25000
GURNANG
8829-1N
1975
1:25000
GUY FAWKES RIVER
9338-2S
1974
1:25000
GUYRA
9237-4S
1973
1:25000
HALL
8727-4S
1980
1:25000
HALLIDAYS POINT
9433-4N
1982
1:25000
HAMPTON
8930-4S
1980
1:25000
HANING
9136-3N
1982
1:25000
HANWORTH
8929-3S
1988
1:25000
HARTLEY
8930-4N
1980
1:25000
HENRY RIVER
9338-3N
1974
1:25000
HENTY
8326-4N
1976
1:25000
HERNANI
9337-2N
1974
1:25000
HILL END
8731-1N
1987
1:25000
HILLGROVE
9236-1N
1981
1:25000
HILLTOP
8929-2N
1988
1:25000
HOBBYS YARDS
8730-1S
1987
1:25000
HOGARTH RANGE
9440-2S
1977
1:25000
HOLBROOK
8326-1S
1976
1:25000
HOME FLAT
8326-2S
1977
1:25000
HOME RULE
8833-3S
1986
1:25000
HORNSBY
9130-4S
1986
1:25000
HORTON
8937-1S
1982
1:25000
HOSKINSTOWN
8727-2S
1978
1:25000
HOWES VALLEY
9032-2N
1974
1:25000
HUONBROOK
9540-1N
1985
1:25000
HURRICANE HILL
9138-1N
1978
1:25000
HUSKISSON
9027-4N
1985
1:25000
HYATTS FLAT
9336-1N
1987
1:25000
ILFORD
8832-2S
1985
1:25000
INDIANA
9138-2S
1978
1:25000
INGAR
9133-2S
1978
1:25000
INVERALOCHY
8828-3S
1980
1:25000
INVERELL
9138-3N
1978
1:25000
IRONBARK
9037-2N
1981
1:25000
ISIS RIVER
9134-4S
1972
1:25000
JACKADGERY
9438-4N
1984
1:25000
JAMISON
8930-2N
1979
1:25000
JENOLAN
8930-3N
1979
1:25000
JEOGLA
9336-4N
1971
1:25000
JERANGLE
8726-2N
1979
1:25000
JERRYS PLAINS
9033-2S
1977
1:25000
JILLIMATONG
8725-3N
1981
1:25000
JINGELLIC
8426-3S
1976
1:25000
KAIN
8826-4S
1981
1:25000
KANANGRA
8930-3S
1979
1:25000
KANDOS
8832-2N
1986
1:25000
KANGAROO FLAT
9335-4S
1982
1:25000
KANGAROO VALLEY
9028-4S
1985
1:25000
KAPUTAR
8937-3N
1982
1:25000
KARS SPRINGS
9034-3S
1981
1:25000
KARUAH
9232-1S
1976
1:25000
KATOOMBA
8930-1S
1980
1:25000
KELVIN
8936-2N
1981
1:25000
KEMPS PINNACLE
9335-1N
1999
1:25000
KEMPSEY
9435-1N
1987
1:25000
KENTUCKY
9136-2N
1981
1:25000
KERRABEE
8933-2S
1981
1:25000
KERRIKI
9334-4S
1980
1:25000
KERRS CREEK
8731-4N
1987
1:25000
KIAH
8823-1S
1974
1:25000
KIAMA
9028-1S
1984
1:25000
KILLOE
8933-4S
1981
1:25000
KINDARUN
9032-3N
1974
1:25000
KINGS GAP
9137-4N
1986
1:25000
KINGSDALE
8828-4S
1981
1:25000
KINGSTOWN
9136-4N
1981
1:25000
KIOLOA
8926-1N
1982
1:25000
KLORI
9036-2N
1981
1:25000
KNORRIT FLAT
9334-3N
1986
1:25000
KOKOMERICAN
9334-4N
1999
1:25000
KOOKABOOKRA
9337-4N
1974
1:25000
KOORINGAROO
8828-2S
1980
1:25000
KOREELAH
9341-2S
1977
1:25000
KOROGORO POINT
9535-4N
1987
1:25000
KRAWARREE
8826-3N
1982
1:25000
KULNURA
9131-4S
1984
1:25000
KUNDABUNG
9435-1S
1987
1:25000
KUNDERANG
9336-3S
1987
1:25000
KURRAJONG
9030-4N
1979
1:25000
KYBEYAN
8725-2N
1981
1:25000
KYDRA
8725-2S
1981
1:25000
KYEAMBA
8427-3S
1988
1:25000
LACMALAC
8527-2N
1988
1:25000
LAGGAN
8829-3S
1976
1:25000
LAKE ALBERT
8327-1S
1990
1:25000
LAKE BATHURST
8827-4N
1979
1:25000
LAKE GEORGE
8727-1N
1978
1:25000
LANKEYS CREEK
8426-3N
1976
1:25000
LARNOOK
9540-4S
1985
1:25000
LAURIETON
9434-1S
1986
1:25000
LEADVILLE
8833-4N
1986
1:25000
LEETON
8128-1N
1983
1:25000
LINTON
9037-2S
1982
1:25000
LISMORE
9540-2N
1985
1:25000
LISTON
9340-4S
1977
1:25000
LITHGOW
8931-3S
1974
1:25000
LIVERPOOL
9030-2S
1983
1:25000
LORNE
9434-4S
1986
1:25000
LOWER PORTLAND
9031-2S
1975
1:25000
LUE
8832-1S
1985
1:25000
LYNDHURST
9337-3N
1974
1:25000
MACKSVILLE
9436-1S
1984
1:25000
MACLEAN
9539-3S
1983
1:25000
MAIDEN CREEK
9337-3S
1974
1:25000
MAITLAND
9232-4S
1976
1:25000
MALARA CREEK
9339-1S
1974
1:25000
MALLANGANEE
9440-3S
1977
1:25000
MANAR
8827-3N
1979
1:25000
MANDURAMA
8730-4S
1987
1:25000
MANGOPLAH
8327-2S
1976
1:25000
MANGROVE
9131-3N
1982
1:25000
MANILLA
9036-4S
1981
1:25000
MANOBALAI
9033-4S
1978
1:25000
MARENGO
9337-1S
1974
1:25000
MARKWELL
9333-3N
1976
1:25000
MAYBOLE
9238-3S
1978
1:25000
MEADOW FLAT
8831-2S
1988
1:25000
MERRIWA
8933-1S
1981
1:25000
MICHELAGO
8726-4S
1979
1:25000
MILLTHORPE
8731-3S
1987
1:25000
MILTON
8927-2N
1982
1:25000
MISSABOTTI
9436-1N
1984
1:25000
MITTAGONG
8929-2S
1976
1:25000
MOGO
8926-3N
1982
1:25000
MOLETON
9437-1S
1978
1:25000
MONA VALE
9130-1S
1986
1:25000
MONGA
8826-1N
1981
1:25000
MONUNDILLA
9032-4S
1974
1:25000
MOONAN BROOK
9134-2S
1984
1:25000
MOONBI
9135-4N
1973
1:25000
MOONEE BEACH
9537-4S
1985
1:25000
MORISSET
9131-1N
1985
1:25000
MORNA POINT
9332-3N
1976
1:25000
MORUBEN
9031-1N
1974
1:25000
MORUYA
8926-3S
1982
1:25000
MOSS VALE
8928-1N
1982
1:25000
MOUNT ADRAH
8427-1S
1989
1:25000
MOUNT ARMSTRONG
8829-1S
1975
1:25000
MOUNT CARRINGTON
9235-2S
1972
1:25000
MOUNT DAVID
8830-3N
1979
1:25000
MOUNT IMLAY
8823-4S
1974
1:25000
MOUNT MISERY
8933-3N
1981
1:25000
MOUNT MORGAN
8931-1S
1974
1:25000
MOUNT POMANY
8932-1S
1974
1:25000
MOUNT RODD
9038-4S
1978
1:25000
MOUNT SLOW
9238-2S
1978
1:25000
MOUNT TENNYSON
8723-4S
1972
1:25000
MOUNT WELLINGTON
9338-1S
1974
1:25000
MOUNT WILSON
8930-1N
1980
1:25000
MOUNT YENGO
9032-2S
1974
1:25000
MOUNTAIN CREEK
8326-3N
1977
1:25000
MOUNTAIN LAGOON
9031-3S
1975
1:25000
MUDGEE
8832-4N
1986
1:25000
MULLENGANDRA
8326-3S
1977
1:25000
MUMMULGUM
9440-2N
1977
1:25000
MUNDEROO
8426-2N
1976
1:25000
MUNDOWEY
9036-1S
1981
1:25000
MUNGHORN
8833-2S
1986
1:25000
MURRAH
8924-4N
1973
1:25000
MURRAMI
8129-2S
1984
1:25000
MURRAYS RUN
9131-4N
1985
1:25000
MURRUMBUCCA
8725-4N
1981
1:25000
MURRURUNDI
9034-2N
1981
1:25000
MURWILLUMBAH
9541-2N
1985
1:25000
MUSWELLBROOK
9033-2N
1977
1:25000
MYALL LAKE
9333-2S
1983
1:25000
MYALLA
8725-3S
1981
1:25000
NABIAC
9333-1N
1984
1:25000
NADGEE
8823-2S
1974
1:25000
NALBAUGH
8723-1N
1972
1:25000
NANGUS
8427-1N
1987
1:25000
NAROOMA
8925-4S
1989
1:25000
NARRA NARRA
8326-2N
1977
1:25000
NARRABARBA
8823-2N
1974
1:25000
NARRAGAMBA
8833-4S
1986
1:25000
NATTAI
8929-1S
1981
1:25000
NELLIGEN
8926-4S
1982
1:25000
NERICON
8129-4S
1984
1:25000
NERRIGA
8927-4N
1985
1:25000
NERRIGUNDAH
8825-1N
1972
1:25000
NEST HILL
8326-1N
1987
1:25000
NEW VALLEY
9137-1N
1986
1:25000
NEWBRIDGE
8730-1N
1988
1:25000
NEWCASTLE
9232-2S
1990
1:25000
NIANGALA
9135-2N
1972
1:25000
NIMBIN
9540-4N
1985
1:25000
NIMMITABEL
8724-1N
1971
1:25000
NORTH SOLITARY IS
9538-2S
1981
1:25000
NOWENDOC
9234-4N
1973
1:25000
NOWRA
9028-3S
1985
1:25000
NULLAMANNA
9138-4S
1978
1:25000
NUMERALLA
8725-1S
1981
1:25000
NUNDLE
9135-3S
1972
1:25000
NUNGATTA
8723-1S
1972
1:25000
NYMBOIDA
9438-3S
1984
1:25000
OALLEN
8827-1S
1979
1:25000
OBERNE
8427-2S
1987
1:25000
OBERON
8830-1S
1990
1:25000
OLINDA
8932-3N
1974
1:25000
OMALEAH
8934-3N
1981
1:25000
OPHIR
8731-4S
1987
1:25000
ORANGE
8731-3N
1989
1:25000
OTFORD
9129-4S
1985
1:25000
OURNIE
8426-2S
1976
1:25000
PACIFIC PALMS
9433-3N
1981
1:25000
PADDYS FLAT
9340-1S
1977
1:25000
PAMBULA
8824-2S
1973
1:25000
PARKVILLE
9034-2S
1981
1:25000
PARNELL
9032-1S
1974
1:25000
PARRAMATTA RIVER
9130-3N
1986
1:25000
PARRY
8934-1S
1979
1:25000
PATERSON
9232-4N
1984
1:25000
PEEL
8831-3N
1987
1:25000
PENRITH
9030-3N
1985
1:25000
PEPPERCORN
8626-4N
1979
1:25000
PIALLAWAY
9035-4S
1979
1:25000
PICTON
9029-4S
1985
1:25000
PIEDMONT
9037-3N
1981
1:25000
PIGNA BARNEY
9234-3N
1984
1:25000
PILLAR VALLEY
9538-3N
1981
1:25000
PLAGYAN
8937-2S
1982
1:25000
PORT HACKING
9129-4N
1984
1:25000
PORT MACQUARIE
9435-2S
1986
1:25000
PORT STEPHENS
9332-4S
1976
1:25000
PORTLAND
8831-2N
1988
1:25000
POTTSVILLE
9641-3S
1985
1:25000
PRETTY GULLY
9340-2N
1977
1:25000
PROSPECT
9030-2N
1983
1:25000
PUEN BUEN
8825-3S
1972
1:25000
PUTTY
9032-3S
1974
1:25000
QUIPOLLY
9035-3S
1979
1:25000
QUIRINDI
9034-4N
1979
1:25000
QUORROBOLONG
9132-2S
1985
1:25000
RALEIGH
9537-3S
1985
1:25000
RALFES PEAK
9335-3S
1980
1:25000
RANGERS VALLEY
9238-4N
1978
1:25000
RAPPVILLE
9439-1N
1985
1:25000
RAVINE
8526-2N
1977
1:25000
RED RANGE
9238-2N
1978
1:25000
RED ROCK
9538-3S
1982
1:25000
RENDEZVOUS CREEK
8626-1S
1979
1:25000
RIAMUKKA
9235-3S
1972
1:25000
RICHLANDS
8829-2N
1975
1:25000
RIVERSTONE
9030-1S
1982
1:25000
ROBERTSON
9028-4N
1986
1:25000
ROCK HILL
8931-2N
1974
1:25000
ROCKADOOIE
9339-3S
1974
1:25000
ROCKLEY
8830-4S
1976
1:25000
ROSEWOOD
8426-1S
1976
1:25000
ROUCHEL BROOK
9133-4S
1978
1:25000
ROWLEYS CREEK
9236-2S
1982
1:25000
RULES POINT
8626-4S
1979
1:25000
RYE PARK
8628-1N
1989
1:25000
SALISBURY PLAINS
9236-3N
1981
1:25000
SANDON
9538-1S
1981
1:25000
SANDY FLAT
9339-4S
1974
1:25000
SANDY HOLLOW
9033-3N
1977
1:25000
SAPPHIRE
9138-1S
1978
1:25000
SARA RIVER
9338-3S
1974
1:25000
SASSAFRAS
8927-1N
1985
1:25000
SCONE
9033-1N
1978
1:25000
SCOTT
9135-2S
1972
1:25000
SEAL ROCKS
9433-3S
1981
1:25000
SEAVIEW
9335-3N
1999
1:25000
SHANNON VALE
9238-1S
1978
1:25000
SHANNONS FLAT
8626-2S
1980
1:25000
SHERWOOD
9435-4N
1987
1:25000
SHOOTERS HILL
8830-2S
1979
1:25000
SINGLETON
9132-4N
1975
1:25000
SIX BROTHERS
9031-4S
1974
1:25000
SNOWBALL
8826-3S
1982
1:25000
SOFALA
8831-4N
1985
1:25000
SOMERTON
9036-3S
1981
1:25000
SOUTH WEST ROCKS
9536-3S
1984
1:25000
SPIRABO
9339-3N
1974
1:25000
SPRINGWOOD
9030-4S
1978
1:25000
ST ALBANS
9031-2N
1975
1:25000
STONEHENGE
9238-3N
1978
1:25000
STROUD ROAD
9233-2N
1984
1:25000
SUSSEX INLET
9027-4S
1985
1:25000
SUTTON
8727-1S
1978
1:25000
SWANSEA
9231-4N
1985
1:25000
SYDNEY HEADS
9130-2N
1987
1:25000
TABBIMOBLE
9539-1S
1985
1:25000
TABOURIE
8927-2S
1983
1:25000
TAEMAS BRIDGE
8627-1N
1978
1:25000
TALBINGO
8526-1N
1977
1:25000
TALOOBY
8932-4N
1974
1:25000
TAMWORTH
9035-1N
1979
1:25000
TANTANGARA
8626-3N
1979
1:25000
TARALGA
8829-2S
1975
1:25000
TARANA
8830-1N
1976
1:25000
TARCUTTA
8427-3N
1987
1:25000
TAREE
9334-2S
1986
1:25000
TAREELA
8937-2N
1982
1:25000
TARPOLY
9036-4N
1981
1:25000
TATHAM
9540-3S
1985
1:25000
TEAPOT
8724-4N
1971
1:25000
TELEGRAPH POINT
9435-2N
1987
1:25000
TEMI
9034-1S
1979
1:25000
TENTERDEN
9137-1S
1986
1:25000
TENTERFIELD
9339-4N
1974
1:25000
TERRAGONG
8933-1N
1981
1:25000
THALGARRAH
9237-2S
1987
1:25000
THE BRANCH
9332-4N
1976
1:25000
THE LAGOON
8830-4N
1990
1:25000
THE ROCK
8327-3N
1976
1:25000
THERRIBRI
8936-4N
1981
1:25000
THUMB CREEK
9436-4S
1982
1:25000
TIA
9235-1S
1981
1:25000
TIANJARA
8927-1S
1985
1:25000
TIBBUC
9234-2N
1983
1:25000
TIDBINBILLA
8627-2S
1979
1:25000
TIMBILLICA
8823-3N
1974
1:25000
TIMOR
9134-3N
1983
1:25000
TINDERRY
8726-1S
1979
1:25000
TINEBANK
9435-4S
1987
1:25000
TINGHA
9138-3S
1978
1:25000
TOOLOOM
9340-1N
1977
1:25000
TOOMA
8526-3S
1977
1:25000
TORRYBURN
9137-3S
1986
1:25000
TOUGA
8928-3S
1982
1:25000
TOUKLEY
9231-3N
1984
1:25000
TOWARRI
9034-3N
1981
1:25000
TOWRANG
8828-1S
1981
1:25000
TUCABIA
9538-4S
1981
1:25000
TUGGERANONG
8727-3S
1980
1:25000
TUMBARUMBA
8526-3N
1977
1:25000
TUMORRAMA
8527-1S
1990
1:25000
TUMUT
8527-3N
1976
1:25000
TUNGLEBUNG
9440-3N
1977
1:25000
TUNNABIDGEE
8832-3S
1985
1:25000
TUREE
8834-2S
1987
1:25000
TWEED HEADS
9641-4S
1984
1:25000
TYALGUM
9541-3N
1972
1:25000
TYNDALE
9538-4N
1981
1:25000
UMBURRA
8627-1S
1978
1:25000
UPPER BINGARA
9037-4N
1981
1:25000
UPPER TURON
8831-1N
1986
1:25000
URALLA
9136-1S
1982
1:25000
URANQUINTY
8327-4S
1987
1:25000
VITTORIA
8731-2S
1989
1:25000
WAGGA WAGGA
8327-1N
1976
1:25000
WALCHA
9236-3S
1981
1:25000
WALCHA ROAD
9136-2S
1981
1:25000
WALLABADAH
9034-1N
1979
1:25000
WALLSEND
9232-3S
1980
1:25000
WANDELLA
8825-2N
1972
1:25000
WANGELLIC
8724-4S
1971
1:25000
WANTABADGERY
8427-4N
1988
1:25000
WARDELL
9540-2S
1985
1:25000
WARDS MISTAKE
9337-4S
1974
1:25000
WARIALDA
9038-4N
1978
1:25000
WARRAGAMBA
9030-3S
1983
1:25000
WARRAH
9034-4S
1979
1:25000
WARRANULLA
9333-4S
1984
1:25000
WASHPOOL
9339-2N
1974
1:25000
WATERLOO
9235-4N
1981
1:25000
WATERMARK
8935-1S
1979
1:25000
WATSONS CREEK
9136-4S
1981
1:25000
WATTLE FLAT
8831-4S
1985
1:25000
WAUCHOPE
9435-3S
1987
1:25000
WAVERLY
9134-3S
1983
1:25000
WEABONGA
9135-1S
1974
1:25000
WEE JASPER
8627-4N
1979
1:25000
WELSH
9036-1N
1981
1:25000
WENONAH HEAD
9536-4N
1984
1:25000
WERRIS CREEK
9035-3N
1979
1:25000
WESTBROOK
8426-1N
1976
1:25000
WHINSTONE
8726-2S
1981
1:25000
WHIPORIE
9439-2N
1983
1:25000
WHITTON
8128-4N
1983
1:25000
WIDDEN
8932-1N
1974
1:25000
WILBERFORCE
9030-1N
1982
1:25000
WILLAWARRIN
9436-3S
1984
1:25000
WILLBRIGGIE
8129-3S
1984
1:25000
WILLI WILLI
9336-2S
1987
1:25000
WILLIAMSDALE
8726-4N
1979
1:25000
WILLIAMTOWN
9232-2N
1990
1:25000
WILLURI
8936-1S
1981
1:25000
WINDELLAMA
8827-1N
1979
1:25000
WINDEYER
8832-3N
1986
1:25000
WINDY
8934-1N
1979
1:25000
WINGELLO
8928-4S
1982
1:25000
WINGHAM
9334-2N
1986
1:25000
WINTERBOURNE
9236-2N
1982
1:25000
WINTON
9035-4N
1979
1:25000
WIRRABA
9031-4N
1974
1:25000
WOLLANGAMBE
8931-2S
1974
1:25000
WOLLAR
8833-2N
1986
1:25000
WOLLOMBI
9132-3S
1985
1:25000
WOLLONGONG
9029-2S
1985
1:25000
WOLUMLA
8824-2N
1989
1:25000
WONDALGA
8527-3S
1976
1:25000
WONDOBA
8935-4N
1979
1:25000
WOODBURN
9539-1N
1985
1:25000
WOODENBONG
9441-3S
1977
1:25000
WOODHOUSELEE
8828-4N
1981
1:25000
WOOLGOOLGA
9537-4N
1984
1:25000
WOOLOMIN
9135-3N
1972
1:25000
WOOLOOMA
9133-4N
1978
1:25000
WOOMBAH
9539-2N
1985
1:25000
WOOTTON
9333-2N
1984
1:25000
WYLIE CREEK
9340-4N
1977
1:25000
WYNDHAM
8824-3S
1973
1:25000
WYONG
9131-2N
1984
1:25000
YALWAL
8928-2S
1982
1:25000
YAMBA
9539-2S
1985
1:25000
YAMBULLA
8723-2N
1973
1:25000
YANKEES GAP
8824-4N
1973
1:25000
YAOUK
8626-2N
1979
1:25000
YARARA
8426-4S
1976
1:25000
YARRAMAN
8934-4N
1979
1:25000
YARRANGOBILLY
8526-1S
1977
1:25000
YARRAS
9335-2S
1999
1:25000
YARROWITCH
9235-2N
1972
1:25000
YARROWYCK
9137-2S
1986
1:25000
YATES FLAT
9439-4N
1985
1:25000
YAVEN CREEK
8427-2N
1987
1:25000
YELLOW JACKET
9338-4S
1974
1:25000
YERONG CREEK
8327-3S
1976
1:25000
YERRANDERIE
8929-4N
1981
1:25000
YOWRIE
8825-3N
1972
1:25000
ABERCROMBIE
8730-S
1976
1:50000
ALBURY
8225-N
1978
1:50000
ALECTOWN
8532-S
1978
1:50000
ANNUELLO
7428-S
1978
1:50000
ARIAH PARK
8329-S
1974
1:50000
ASHFORD
9139-S
1980
1:50000
BAAN BAA
8836-N
1971
1:50000
BALLADORAN
8634-S
1976
1:50000
BALRANALD
7628-N
1978
1:50000
BARADINE
8736-S
1972
1:50000
BARHAM
7726-N
1976
1:50000
BARMEDMAN
8329-N
1974
1:50000
BELLATA
8838-S
1980
1:50000
BENDICK MURRELL
8529-N
1973
1:50000
BENEREMBAH
8029-S
1974
1:50000
BEREMBED WEIR
8228-S
1982
1:50000
BERRIDALE
8625-S
1980
1:50000
BERRIGAN
8026-N
1973
1:50000
BIGGA
8729-N
1975
1:50000
BILLYBINGBONE
8337-S
1987
1:50000
BINALONG
8628-N
1974
1:50000
BINNAWAY
8734-N
1976
1:50000
BLAYNEY
8730-N
1976
1:50000
BLIGHTY
7926-N
1976
1:50000
BOGAN GATE
8431-N
1978
1:50000
BOGGABILLA
8940-N
1979
1:50000
BOGOLONG HILLS
8228-N
1982
1:50000
BONSHAW
9139-N
1980
1:50000
BOOLIGAL
7830-S
1979
1:50000
BOOMI
8840-N
1980
1:50000
BOONA
8332-N
1978
1:50000
BOOROORBAN
7828-S
1978
1:50000
BOOROWA
8629-S
1974
1:50000
BORAH
8836-S
1972
1:50000
BUDDABADAH
8334-S
1986
1:50000
BUGALDIE
8735-N
1977
1:50000
BUNDEMAR
8534-S
1986
1:50000
BUNNA BUNNA
8738-S
1980
1:50000
BURREN JUNCTION
8637-N
1972
1:50000
BURRENDONG
8732-N
1977
1:50000
CAL LAL
7129-N
1983
1:50000
CALOONA
8740-S
1980
1:50000
CANONBA
8335-S
1979
1:50000
CANOWINDRA
8630-N
1977
1:50000
CARINDA
8437-S
1979
1:50000
CARRATHOOL
7929-S
1979
1:50000
COLEAMBALLY
8028-S
1974
1:50000
COLIGNAN
7328-N
1983
1:50000
COLLARENEBRI
8638-N
1980
1:50000
COLLIE
8534-N
1986
1:50000
COMBARA
8535-N
1986
1:50000
COME BY CHANCE
8537-S
1896
1:50000
CONARGO
7927-S
1977
1:50000
CONDOBOLIN
8331-N
1978
1:50000
COOLAC
8528-S
1973
1:50000
COOLAMON
8328-S
1974
1:50000
COONABARABRAN
8735-S
1977
1:50000
COONAMBLE
8536-S
1979
1:50000
COONONG
8127-N
1972
1:50000
COOTAMUNDRA
8528-N
1973
1:50000
COROBIMILLA
8128-S
1983
1:50000
COWL COWL
7930-N
1979
1:50000
COWRA
8630-S
1977
1:50000
CROOKWELL
8729-S
1975
1:50000
CROPPA CREEK
8939-N
1978
1:50000
CUBBO
8736-N
1972
1:50000
CUDAL
8631-S
1977
1:50000
CULPATARO
7730-N
1979
1:50000
CUMNOCK
8632-S
1977
1:50000
CUNNINYEUK
7627-N
1982
1:50000
CUTTABRI
8737-S
1972
1:50000
DALTON
8728-N
1975
1:50000
DANDALOO
8433-S
1978
1:50000
DARLINGTON POINT
8028-N
1974
1:50000
DELEGATE
8623-N
1980
1:50000
DENILIQUIN
7826-N
1978
1:50000
DOLGELLY
8840-S
1980
1:50000
DUNEDOO
8733-N
1975
1:50000
EDGEROI
8837-N
1981
1:50000
EMMAVILLE
9239-S
1981
1:50000
EPSOM DOWNS
7928-S
1978
1:50000
EUABALONG
8131-N
1979
1:50000
EUCHAREENA
8732-S
1977
1:50000
EUCUMBENE
8625-N
1980
1:50000
EULALIE
8639-N
1980
1:50000
EUSTON
7428-N
1978
1:50000
FAIRHOLME
8331-S
1978
1:50000
FIFIELD
8332-S
1978
1:50000
FORBES
8531-S
1978
1:50000
GARAH
8839-N
1980
1:50000
GEERA
8337-N
1979
1:50000
GEURIE
8633-S
1975
1:50000
GILGANDRA
8634-N
1976
1:50000
GOGELDRIE WEIR
8128-N
1983
1:50000
GOOLGOWI
8030-S
1980
1:50000
GOOLMA
8733-S
1975
1:50000
GOOLOOGONG
8530-N
1978
1:50000
GOONAL
8739-S
1980
1:50000
GRADGERY
8435-N
1986
1:50000
GRADULE
8740-N
1980
1:50000
GRAMAN
9039-S
1980
1:50000
GRAVESEND
8938-N
1978
1:50000
GRENFELL
8530-S
1978
1:50000
GULARGAMBONE
8535-S
1979
1:50000
GULGONG
8833-S
1976
1:50000
GUNBAR
7929-N
1978
1:50000
GUNNING
8728-S
1975
1:50000
GURLEY
8838-N
1980
1:50000
GWABEGAR
8636-N
1972
1:50000
HAY
7828-N
1979
1:50000
HILL END
8731-N
1977
1:50000
HILLSTON
8031-S
1979
1:50000
HOWLONG
8226-S
1972
1:50000
ILLILAWA
7829-S
1970
1:50000
JEMALONG
8431-S
1978
1:50000
JERILDERIE
8027-S
1972
1:50000
JUNEE
8428-S
1973
1:50000
KEELY
7726-S
1976
1:50000
KERANG
7626-N
1978
1:50000
KERRIWAH
8333-S
1978
1:50000
KHANCOBAN
8525-N
1980
1:50000
KIACATOO
8231-N
1979
1:50000
KOORAWATHA
8629-N
1974
1:50000
KYALITE
7528-S
1978
1:50000
LAKE CARGELLIGO
8131-S
1979
1:50000
LAKE WYANGAN
8129-N
1984
1:50000
LOCKHART
8227-N
1972
1:50000
LOWESDALE
8126-S
1973
1:50000
MARRA
8336-S
1987
1:50000
MARSDEN
8430-S
1978
1:50000
MATHOURA
7826-S
1976
1:50000
MAUDE
7729-S
1979
1:50000
MENDOORAN
8734-S
1976
1:50000
MILDURA
7329-N
1983
1:50000
MIMOSA
8328-N
1974
1:50000
MOAMA
7825-N
1982
1:50000
MOGIL MOGIL
8639-S
1980
1:50000
MOGRIGUY
8633-N
1975
1:50000
MOLE RIVER
9239-N
1980
1:50000
MOLONG
8631-N
1978
1:50000
MONAK
7329-S
1983
1:50000
MONIA GAP
8030-N
1980
1:50000
MORAGO
7827-S
1979
1:50000
MORANGARELL
8429-N
1973
1:50000
MOREE
8839-S
1980
1:50000
MOULAMEIN
7727-N
1978
1:50000
MOUNT CEMON
7930-S
1979
1:50000
MOUNT HARRIS
8435-S
1979
1:50000
MOUNT KOSCIUSKO
8525-S
1980
1:50000
MUDGEE
8832-N
1977
1:50000
MULLALEY
8835-N
1980
1:50000
MURRAWOMBIE
8335-N
1986
1:50000
NARADHAN
8130-N
1980
1:50000
NARRABRI
8837-S
1872
1:50000
NARROMINE
8533-N
1978
1:50000
NEVERTIRE
8434-S
1986
1:50000
NORTH STAR
8940-S
1979
1:50000
NUMBLA VALE
8624-N
1980
1:50000
NYNGAN
8334-N
1985
1:50000
OAKLANDS
8126-N
1972
1:50000
ONE EYE TANK
8031-N
1979
1:50000
ONE TREE
7829-N
1970
1:50000
OOLAMBEYAN
7928-N
1979
1:50000
OXLEY
7729-N
1978
1:50000
PALLAMALLAWA
8939-S
1978
1:50000
PARKES
8531-N
1978
1:50000
PEAK HILL
8532-N
1978
1:50000
PEREKERTEN
7628-S
1978
1:50000
PILLIGA
8637-S
1972
1:50000
PLEASANT HILLS
8227-S
1972
1:50000
QUABOTHOO
8436-N
1986
1:50000
QUAMBONE
8436-S
1979
1:50000
RANKINS SPRINGS
8130-S
1980
1:50000
ROCKY DAM
9039-N
1980
1:50000
ROWENA
8638-S
1980
1:50000
RYLSTONE
8832-S
1977
1:50000
SAPPA BULGA
8533-S
1978
1:50000
SEBASTOPOL
8428-N
1973
1:50000
SOFALA
8831-N
1976
1:50000
STEAM PLAINS
7927-N
1977
1:50000
STRATHMERTON
7926-S
1976
1:50000
SUGGAN BUGGAN
8524-S
1980
1:50000
SWAN HILL
7627-S
1982
1:50000
TABBITA
8029-N
1974
1:50000
TAHRONE
8536-N
1987
1:50000
TAMBAR SPRINGS
8835-S
1979
1:50000
TARWONG
7730-S
1979
1:50000
TCHELERY
7728-S
1979
1:50000
TELLERAGA
8738-N
1980
1:50000
TEMORA
8429-S
1973
1:50000
TENANDRA
8635-N
1976
1:50000
TERIDGERIE
8636-S
1972
1:50000
TERRY HIE HIE
8938-S
1978
1:50000
TEXAS
9140-S
1979
1:50000
THREDBO
8524-N
1980
1:50000
TOCUMWAL
8026-S
1973
1:50000
TOMBONG
8624-S
1980
1:50000
TOMS LAKE
7830-N
1978
1:50000
TOOGIMBIE
7728-N
1979
1:50000
TOOLEYBUC
7527-N
1978
1:50000
TOORAWEENAH
8635-S
1977
1:50000
TOTTENHAM
8333-N
1978
1:50000
TRANGIE
8433-N
1978
1:50000
TRUNDLE
8432-S
1978
1:50000
TULLAMORE
8432-N
1978
1:50000
TULLIBIGEAL
8231-S
1979
1:50000
UARBRY
8833-N
1976
1:50000
UNGARIE
8230-N
1979
1:50000
URANA
8127-S
1972
1:50000
WAKOOL
7727-S
1979
1:50000
WALBUNDRIE
8226-N
1972
1:50000
WALGETT
8537-N
1987
1:50000
WALLANGARRA
9240-S
1981
1:50000
WALLEROOBIE RANGE
8229-S
1982
1:50000
WAMBOYNE
8330-N
1978
1:50000
WANGANELLA
7827-N
1978
1:50000
WANOURIE
8437-N
1987
1:50000
WARREN
8434-N
1986
1:50000
WEE WAA
8737-N
1972
1:50000
WEEMELAH
8739-N
1980
1:50000
WEETALIBA
8834-N
1979
1:50000
WEETHALLE
8230-S
1980
1:50000
WEIMBY
7528-N
1978
1:50000
WELLINGTON
8632-N
1977
1:50000
WENTWORTH
7229-N
1983
1:50000
WILSON
8027-N
1972
1:50000
WIRRINYA
8430-N
1978
1:50000
WOMBOIN
8336-N
1986
1:50000
WYALONG
8330-S
1978
1:50000
YALGOGRIN RANGE
8229-N
1982
1:50000
YASS
8628-S
1974
1:50000
YELARBON
9040-N
1979
1:50000
YETMAN
9040-S
1979
1:50000
YOOGALI
8129-S
1984
1:50000
YOUNG
8529-S
1973
1:50000
Schedule 3 Categories and subcategories of licences
(Clause 4 (2))
Column 1
Column 2
Category of access licence
Subcategory of access licence
Regulated river (high security)
Aboriginal commercial
 
Aboriginal community development
 
Aboriginal cultural
 
Community and education
 
Environmental
 
Research
 
Town water supply
Regulated river (general security)
Aboriginal commercial
 
Aboriginal community development
 
Community and education
 
Environmental
 
Research
Local water utility
Domestic and commercial
Major utility
Power generation
 
Urban water
Domestic and stock
Domestic
 
Stock
 
Town water supply
Unregulated river
Aboriginal commercial
 
Aboriginal community development
 
Aboriginal cultural
 
Community and education
 
Environmental
 
Research
 
Town water supply
Aquifer
Aboriginal commercial
 
Aboriginal community development
 
Aboriginal cultural
 
Community and education
 
Environmental
 
Research
 
Town water supply
Supplementary water
Environmental
 
Storage
Regulated river (conveyance)
Environmental
Murrumbidgee Irrigation (conveyance)
Environmental
Coleambally Irrigation (conveyance)
Environmental
Floodplain harvesting
Environmental
Unregulated river (high flow)
Environmental
sch 3: Am 2011 (678), Sch 1 [3].
Schedule 4 Access licences and approvals arising from former entitlements, and certain deemed approvals—particular provisions
(Clauses 17, 24 and 29)
Part 1 Definitions
1   Definitions
In this Schedule:
authorised area, in relation to an entitlement, means the authorised area specified in the entitlement.
general security entitlement means an entitlement that:
(a)  pursuant to clause 4 of Schedule 10 to the Act, has been replaced by a regulated river (general security) access licence, regulated river (general security—A class) access licence, regulated river (general security—B class) access licence, or
(b)  pursuant to clause 4A of Schedule 10 to the Act (as taken to be inserted by clause 50 (2) of this Schedule), has been replaced by an aquifer (general security) access licence.
Part 5 entitlement means a licence under Part 5 of the former 1912 Act.
section 18 entitlement means an additional licence under section 18 (2) of the former 1912 Act.
section 20B entitlement means an authority for a joint water supply scheme under section 20B of the former 1912 Act that, immediately before the appointed day, was subject to a high flow condition.
section 20AA direction means a direction under section 20AA of the former 1912 Act.
Part 2 Particular provisions relating to access licences arising from former entitlements
Division 1A Security interests in and co-holders of replacement access licences
1A   Application of Division
(1)  This Division applies to and in respect of each entitlement with respect to each of the following water sources, and to each access licence arising from any such entitlement:
(2)  A reference in this Division to the appointed day is a reference to the appointed day for the entitlement or access licence concerned.
1B   Registration of security interests in replacement access licences
(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to the appointed day.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10) of Schedule 10 to the Act:
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before the appointed day, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.
1C   Entitlements held by 2 or more co-holders
Pursuant to clause 1 of Schedule 9 of the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  
23   Entitlements held by 2 or more co-holders
Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.
Division 1 Replacement water access licences (1 July 2004)
2   Gwydir
(1)  On 1 July 2004, a section 18 entitlement or section 20B entitlement with respect to the Gwydir is taken to have been replaced by a supplementary water access licence with a share component calculated in accordance with the following formula:
 
where:
S1 represents the share component for the supplementary water access licence, expressed in megalitres.
D (the base amount under this subclause) represents an area equivalent to 6 times the area (measured in hectares) of the authorised area in relation to the entitlement.
ΣD represents the sum of the base amounts under this subclause for all section 18 entitlements or section 20B entitlements with respect to the Gwydir.
ΣE represents the sum of the base amounts under subclause (2) for all general security entitlements with respect to the Gwydir.
(2)  On 1 July 2004, a general security entitlement with respect to the Gwydir is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component calculated in accordance with the following formula:
 
where:
S2 represents the share component for the supplementary water access licence, expressed in megalitres.
E (the base amount under this subclause) represents the volume of water authorised by the entitlement immediately before 1 July 2004.
ΣD represents the sum of the base amounts under subclause (1) for all section 18 entitlements or section 20B entitlements with respect to the Gwydir.
ΣE represents the sum of the base amounts under this subclause for all general security entitlements with respect to the Gwydir.
(3)  In this clause, a reference to the Gwydir is a reference to the Gwydir regulated river water source identified in the Water Sharing Plan for the Gwydir Regulated River Water Source 2002, as in force on 1 July 2004.
3   Hunter
(1)  On 1 July 2004, the entitlement identified as 20MW000021 with respect to the Hunter is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component of 36,000 megalitres.
(2)  On 1 July 2004, a general security entitlement with respect to the Hunter (other than the entitlement referred to in subclause (1)) is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component equivalent to the greater of the following:
(a)  the greatest volume of water (in megalitres) taken in excess of the volume authorised by the entitlement in any water year between 1 July 1993 and 30 June 2000,
(b)  the greatest volume of water (in megalitres) taken pursuant to a relevant section 20AA direction in any water year between 1 July 1993 and 30 June 1998.
(3)  In this clause, a reference to the Hunter is a reference to the Hunter regulated river water source identified in the Water Sharing Plan for the Hunter Regulated River Water Source 2003, as in force on 1 July 2004.
4   Lower Darling
(1)  On 1 July 2004, a general security entitlement with respect to the Lower Darling is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component calculated in accordance with the following formula:
 
where:
S represents the share component for the supplementary water access licence, expressed in megalitres.
E (the base amount under this subclause) represents the greatest volume of water (in megalitres) taken in excess of the entitlement in any water year between 1 July 1983 and 30 June 2001.
ΣE represents the sum of the base amounts under this subclause for all general security entitlements with respect to the Lower Darling.
(2)  In this clause, a reference to the Lower Darling is a reference to the Lower Darling regulated river water source identified in the Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2003, as in force on 1 July 2004.
5   Lower Namoi
(1)  On 1 July 2004, a section 18 entitlement or section 20B entitlement with respect to the Lower Namoi is taken to have been replaced by a supplementary water access licence with a share component calculated as follows:
(a)  if D is equal to or greater than G, in accordance with the following formula:
 
(b)  if D is less than G, in accordance with whichever of the following formulae yield the lesser volume:
 
 
where:
S1 represents the share component for the supplementary water access licence, expressed in megalitres.
D (the base amount under this subclause) represents the greater of:
(a)  the greatest volume of water taken pursuant to the entitlement in any water year between 1 July 1990 and 30 June 2001, and
(b)  one megalitre per hectare of the authorised area in relation to the entitlement.
G represents the average number of days per water year on which pumping water pursuant to the entitlement was permissible in the water years between 1 July 1990 and 30 June 2001, multiplied by the assessed pump capacity associated with the entitlement.
E represents the base amount under subclause (2) for the associated general security entitlement.
ΣE represents the sum of the base amounts under subclause (2) for all general security entitlements with respect to the Lower Namoi.
(2)  On 1 July 2004, a general security entitlement with respect to the Lower Namoi is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component calculated as follows:
(a)  if the holder of the general security entitlement:
(i)  is not also the holder of a section 18 entitlement or section 20B entitlement, or
(ii)  is also the holder of a section 18 entitlement or section 20B entitlement and D is equal to or greater than G,
in accordance with the following formula:
 
(b)  if the holder of the general security entitlement is also the holder of a section 18 entitlement or section 20B entitlement and D is less than G, in accordance with the following formula:
 
where:
S2 represents the share component for the supplementary water access licence, expressed in megalitres.
D represents the base amount under subclause (1) for the associated section 18 entitlement or section 20B entitlement.
E (the base amount under this subclause) represents the greater of:
(a)  the greatest volume of water taken pursuant to the relevant section 20AA direction in any water year between 1 July 1990 and 30 June 2001, and
(b)  one megalitre per hectare of the authorised area in relation to the general security entitlement.
G represents the average number of days per water year on which pumping water pursuant to the associated section 18 entitlement or section 20B entitlement was permissible in the water years between 1 July 1990 and 30 June 2001, multiplied by the assessed pump capacity associated with the entitlement.
S1 represents the share component for the associated section 18 entitlement or section 20B entitlement under subclause (1).
ΣE represents the sum of the base amounts under this subclause for all general security entitlements with respect to the Lower Namoi.
(3)  For the purposes of this clause, a section 18 entitlement or section 20B entitlement and a general security entitlement are associated with each other if, under the former 1912 Act, the one was granted in relation to the other.
(4)  In this clause, a reference to the Lower Namoi is a reference to the Lower Namoi regulated river water source identified in the Water Sharing Plan for the Upper Namoi and Lower Namoi Regulated River Water Sources 2003, as in force on 1 July 2004.
6   Macquarie and Cudgegong
(1)  On 1 July 2004, a section 18 entitlement or section 20B entitlement with respect to the Macquarie and Cudgegong is taken to have been replaced by a supplementary water access licence with a share component calculated in accordance with the following formula:
 
where:
S1 represents the share component for the supplementary water access licence, expressed in megalitres.
D (the base amount under this subclause) represents an area equivalent to 8 times the area (measured in hectares) of the authorised area in relation to the entitlement.
ΣD represents the sum of the base amounts under this subclause for all section 18 entitlements or section 20B entitlements with respect to the Macquarie and Cudgegong.
ΣE represents the sum of the base amounts under subclause (2) for all general security entitlements with respect to the Macquarie and Cudgegong.
(2)  On 1 July 2004, a general security entitlement with respect to the Macquarie and Cudgegong is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component calculated in accordance with the following formula:
 
where:
S2 represents the share component for the supplementary water access licence, expressed in megalitres.
E (the base amount under this subclause) represents the volume of water authorised by the entitlement immediately before 1 July 2004.
ΣD represents the sum of the base amounts under subclause (1) for all section 18 entitlements or section 20B entitlements with respect to the Macquarie and Cudgegong.
ΣE represents the sum of the base amounts under this subclause for all general security entitlements with respect to the Macquarie and Cudgegong.
(3)  In this clause, references to the Macquarie and Cudgegong are references to the Macquarie and Cudgegong regulated river water sources identified in the Water Sharing Plan for the Macquarie and Cudgegong Regulated Rivers Water Source 2003, as in force on 1 July 2004.
7   Murray
(1)  On 1 July 2004, each entitlement with respect to the Murray referred to in Column 1 of Subdivision 2 of Division 1 of Part 4 of this Schedule is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component equivalent to the volume of water (expressed in megalitres) specified in Column 2 of that Subdivision with respect to that entitlement.
(2)  In this clause, a reference to the Murray is a reference to the Murray regulated river water source identified in the Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2003, as in force on 1 July 2004.
(3)  Each person who, as at 18 December 2009, is a member of the Eagle Creek Pumping Syndicate Incorporated (INC 9890882) is taken to have the same rights under the following access licences, namely WAL 14879, WAL 14880 and WAL 14881, as that person, or that person’s predecessor in title, had as at 1 July 2004.
(4)  Subclause (3) applies:
(a)  whether or not the access licences referred to in that subclause have been issued, and
(b)  whether or not any transfers under section 71M of the Act have been registered in the Access Register in relation to those access licences.
8   Murrumbidgee
(1)  On 1 July 2004, each entitlement with respect to the Murrumbidgee referred to in Column 1 of Subdivision 1 of Division 1 of Part 4 of this Schedule is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component equivalent to the volume of water (expressed in megalitres) specified in Column 2 of that Subdivision with respect to that entitlement.
(2)  On 27 July 2007, the entitlement identified as licence number 40SL025182H under the former 1912 Act is taken to have been replaced by a supplementary water access licence with a share component equivalent to a volume of water of 5,943 megalitres.
(3)  In this clause, a reference to the Murrumbidgee is a reference to the Murrumbidgee regulated river water source identified in the Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2003, as in force on 1 July 2004.
9   Miscellaneous
(1)  A general security entitlement is not replaced by a supplementary water access licence if the share component for such a licence, calculated in accordance with this Division, would be zero.
(2)  A supplementary water access licence that has replaced a general security entitlement is subject to such conditions, not inconsistent with any mandatory conditions referred to in clause 20 of Schedule 10 to the Act, as were most recently applicable to the taking and use of water under the entitlement.
10   Extension of time for registration of security interests
(1)  This clause applies to any 1 July 2004 access licence for which particulars were first recorded in the Access Register on or after 1 July 2006, other than:
(a)  a domestic and stock access licence, or
(b)  an access licence for which an access licence certificate has been issued, whether before or after the commencement of this clause, or
(c)  an access licence for which an access licence certificate has not been issued, but on which there is a notation to the effect that dealings in the licence may be recorded in the Access Register.
(2)  This clause also applies to the following 1 July 2004 access licences, namely, the licences numbered 7593, 7770, 7793, 7799, 7800, 7952, 7960, 7961, 7983, 7984, 8184, 8278, 8285, 8311, 8312 and 8367.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed, in its application to an access licence to which this clause applies, as if the reference in clause 19 (11) to 36 months were a reference to:
(a)  except as provided by paragraphs (b), (c) and (d), 48 months, or
(b)  in the case of an access licence arising from an entitlement referred to in Division 2 of Part 4 of this Schedule (other than one referred to in paragraph (c) or (d)), 60 months, or
(c)  in the case of an access licence arising from an entitlement numbered 30SA004518, 60SA008558, 70SA009598, 80SA010605 or 90SA011551, 72 months, or
(d)  in the case of an access licence arising from an entitlement numbered 50SA000207, 80SA000962 or 90SL051364, 90 months.
(4)  In this clause, 1 July 2004 access licence means an access licence that came into being on 1 July 2004 in relation to a water source the subject of a water sharing plan listed, in connection with a proclamation under sections 55A (1) and 88A (1) of the Act, on page 5006 or 5007 of Gazette No 110 of 1 July 2004.
Division 2 Replacement access licences for certain Part 5 entitlements (1 October 2006)
11   Application of Division
This Division applies to and in respect of each Part 5 entitlement referred to in Column 1 of Division 3 of Part 4 of this Schedule, and to and in respect of each access licence arising from any such entitlement, but not to any other entitlement or access licence.
12   New share components for existing Part 5 entitlements
(1)  This clause applies for the purposes of clause 3 (1) (a), and clause 8, of Schedule 10 to the Act.
(2)  On 1 October 2006, a Part 5 entitlement (or group of Part 5 entitlements) referred to in Column 1 of Division 3 of Part 4 of this Schedule is taken to have been replaced:
(a)  by an aquifer access licence with a share component of the volume specified in Column 2 of that Division, and
(b)  if a volume is specified in Column 3 of that Division, by a supplementary water access licence with a share component of the volume so specified.
(3)  Part 5 entitlement 50BL196431 is taken also to have been replaced by a domestic and stock [Stock] access licence with a share component of a volume of 324 megalitres.
(4)  Subclause (3) is taken to have commenced on 1 October 2006.
(5)  The volumes specified in Columns 2 and 3 of Division 3 of Part 4 of this Schedule in relation to any Part 5 entitlement (or group of Part 5 entitlements) have been calculated in accordance with whichever of the following methodologies is relevant to that entitlement or group of entitlements:
(a)  in the case of entitlements relating to the Lower Gwydir Groundwater Source within the meaning of the Water Sharing Plan for the Lower Gwydir Groundwater Source 2003, the methodology set out in clauses 25C and 25D of that plan,
(b)  in the case of entitlements relating to the Lower Macquarie Groundwater Sources within the meaning of the Water Sharing Plan for the Lower Macquarie Groundwater Sources 2003, the methodology set out in clauses 25C and 25D of that plan,
(c)  in the case of entitlements relating to the Lower Murrumbidgee Groundwater Sources within the meaning of the Water Sharing Plan for the Lower Murrumbidgee Groundwater Sources 2003, the methodology set out in clauses 25C and 25D of that plan.
13   Registration of security interests in replacement access licences
(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if:
(a)  the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 October 2006, and
(b)  the reference in clause 19 (5) (a) to replacement access licences were a reference to replacement access licences arising under clause 12 of this Schedule in relation to the water sources referred to in Division 3 of Part 4 of this Schedule.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10) of Schedule 10 to the Act:
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 1 October 2006, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.
14   Entitlements held by 2 or more co-holders
Pursuant to clause 1 of Schedule 9 to the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  
23   Entitlements held by 2 or more co-holders
Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholder the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.
15   Water allocations
Pursuant to clause 1 of Schedule 9 to the Act, clause 25 of Schedule 10 to the Act is to be construed as if clause 25 (4) were replaced by the following subclause:
  
(4)  The water allocations for a replacement access licence are to be adjusted as required by the accounting practices applicable for the time being to water allocation accounts, except that no such adjustment arising from water taken before 1 October 2006 is to be made after 30 June 2008.
Division 3 Replacement access licences for Part 5 entitlements for the Lower Murray (1 November 2006)
16   Application of Division
This Division applies to and in respect of each Part 5 entitlement referred to in Column 1 of Division 4 of Part 4 of this Schedule, and to and in respect of each access licence arising from any such entitlement, but not to any other entitlement or access licence.
17   New share components for existing Part 5 entitlements
(1)  This clause applies for the purposes of clause 3 (1) (a), and clause 8, of Schedule 10 to the Act.
(2)  On 1 November 2006, a Part 5 entitlement (or group of Part 5 entitlements) referred to in Column 1 of Division 4 of Part 4 of this Schedule is taken to have been replaced:
(a)  by an aquifer access licence with a share component of the volume specified in Column 2 of that Division, and
(b)  if a volume is specified in Column 3 of that Division, by a supplementary water access licence with a share component of the volume so specified.
(3)  The volumes specified in Columns 2 and 3 of Division 4 of Part 4 of this Schedule in relation to any Part 5 entitlement (or group of Part 5 entitlements) have been calculated in accordance with the methodology set out in clauses 27 and 28 of the Water Sharing Plan for the Lower Murray Groundwater Source.
18   Registration of security interests in replacement access licences
(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if:
(a)  the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 November 2006, and
(b)  the reference in clause 19 (5) (a) to replacement access licences were a reference to replacement access licences arising under clause 17 of this Schedule in relation to the water sources referred to in Division 4 of Part 4 of this Schedule.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10) of Schedule 10 to the Act:
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 1 November 2006, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.
19   Entitlements held by 2 or more co-holders
Pursuant to clause 1 of Schedule 9 to the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  
23   Entitlements held by 2 or more co-holders
Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.
20   Water allocations
Pursuant to clause 1 of Schedule 9 to the Act, clause 25 of Schedule 10 to the Act is to be construed as if clause 25 (4) were replaced by the following subclause:
  
(4)  The water allocations for a replacement access licence are to be adjusted as required by the accounting practices applicable for the time being to water allocation accounts, except that no such adjustment arising from water taken before 1 November 2006 is to be made after 30 June 2008.
Division 4 Replacement access licences for Part 5 entitlements for the Upper and Lower Namoi (1 November 2006)
21   Application of Division
This Division applies to and in respect of each Part 5 entitlement referred to in Column 1 of Division 5 of Part 4 of this Schedule, and to and in respect of each access licence arising from any such entitlement, but not to any other entitlement or access licence.
22   New share components for existing Part 5 entitlements
(1)  This clause applies for the purposes of clause 3 (1) (a), and clause 8, of Schedule 10 to the Act.
(2)  On 1 November 2006, a Part 5 entitlement (or group of Part 5 entitlements) referred to in Column 1 of Division 5 of Part 4 of this Schedule is taken to have been replaced:
(a)  by an aquifer access licence with a share component of the volume specified in Column 2 of that Division, and
(b)  if a volume is specified in Column 3 of that Division, by a supplementary water access licence with a share component of the volume so specified.
(3)  The volumes specified in Columns 2 and 3 of Division 4 of Part 4 of this Schedule in relation to any Part 5 entitlement (or group of Part 5 entitlements) have been calculated in accordance with the methodology set out in clauses 25C and 25D of the Water Sharing Plan for the Upper and Lower Namoi Groundwater Sources 2003.
23   Registration of security interests in replacement access licences
(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if:
(a)  the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 November 2006, and
(b)  the reference in clause 19 (5) (a) to replacement access licences were a reference to replacement access licences arising under clause 21 in relation to the water sources referred to in Division 4 of Part 4 of this Schedule.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10) of Schedule 10 to the Act:
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 1 November 2006, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.
24   Entitlements held by 2 or more co-holders
Pursuant to clause 1 of Schedule 9 to the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  
23   Entitlements held by 2 or more co-holders
Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.
25   Water allocations
Pursuant to clause 1 of Schedule 9 to the Act, clause 25 of Schedule 10 to the Act is to be construed as if clause 25 (4) were replaced by the following subclause:
  
(4)  The water allocations for a replacement access licence are to be adjusted as required by the accounting practices applicable for the time being to water allocation accounts, except that no such adjustment arising from water taken before 1 November 2006 is to be made after 30 June 2008.
Division 5 Replacement supplementary water access licences for Part 2 entitlements for the Paterson (1 July 2007)
26   Supplementary water access licences
(1)  On 1 July 2007, each section 18 entitlement and section 20B entitlement with respect to the Paterson is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component equivalent to the greater of the following:
(a)  the greatest volume of water (in megalitres) taken in excess of the volume authorised by the entitlement in any water year between 1 July 1995 and 30 June 2005,
(b)  the greatest volume of water (in megalitres) taken pursuant to a relevant section 20AA direction in any water year between 1 July 1995 and 30 June 2005.
(2)  In this clause, a reference to the Paterson is a reference to the Paterson regulated river water source identified in the Water Sharing Plan for the Paterson Regulated River Water Source 2007, as in force on 1 July 2007.
Division 6 Replacement access licences for Part 5 entitlements for the Lower Lachlan (1 February 2008)
27   Application of Division
This Division applies to and in respect of each Part 5 entitlement referred to in Column 1 of Division 6 of Part 4 of this Schedule, and to and in respect of each access licence arising from any such entitlement, but not to any other entitlement or access licence.
28   New share components for existing Part 5 entitlements
(1)  This clause applies for the purposes of clause 3 (1) (a), and clause 8, of Schedule 10 to the Act.
(2)  On 1 February 2008, a Part 5 entitlement (or group of Part 5 entitlements) referred to in Column 1 of Division 6 of Part 4 of this Schedule is taken to have been replaced:
(a)  by an aquifer access licence with a share component of the volume specified in Column 2 of that Division, and
(b)  if a volume is specified in Column 3 of that Division, by a supplementary water access licence with a share component of the volume so specified.
(3)  The volumes specified in Columns 2 and 3 of Division 6 of Part 4 of this Schedule in relation to any Part 5 entitlement (or group of Part 5 entitlements) have been calculated in accordance with the methodology set out in clauses 25C and 25D of the Water Sharing Plan for the Lower Lachlan Groundwater Source 2003.
29   Registration of security interests in replacement access licences
(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if:
(a)  the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 February 2008, and
(b)  the reference in clause 19 (5) (a) to replacement access licences were a reference to replacement access licences arising under clause 28 of this Schedule in relation to the water sources referred to in Division 6 of Part 4 of this Schedule.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10) of Schedule 10 to the Act:
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 1 February 2008, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.
30   Entitlements held by 2 or more co-holders
Pursuant to clause 1 of Schedule 9 to the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  
23   Entitlements held by 2 or more co-holders
Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.
31   Water allocations
Pursuant to clause 1 of Schedule 9 to the Act, clause 25 of Schedule 10 to the Act is to be construed as if clause 25 (4) were replaced by the following subclause:
  
(4)  The water allocations for a replacement access licence are to be adjusted as required by the accounting practices applicable for the time being to water allocation accounts, except that no such adjustment arising from water taken before 1 February 2008 is to be made after 30 June 2009.
Division 7 Replacement access licences for entitlements for Bellinger River Area and Great Artesian Basin (1 July 2008)
32   Application of Division
This Division applies to and in respect of each entitlement with respect to:
(a)  the Bellinger River Area Unregulated and Alluvial Water Sources (identified in the Water Sharing Plan for the Bellinger River Area Unregulated and Alluvial Water Sources 2008), or
(b)  the Great Artesian Basin Groundwater Sources (identified in the Water Sharing Plan for the NSW Great Artesian Basin Groundwater Sources 2008),
and to and in respect of each access licence arising from any such entitlement.
33   Registration of security interests in replacement access licences
(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 July 2008.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10):
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 1 July 2008, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.
34   Entitlements held by 2 or more co-holders
Pursuant to clause 1 of Schedule 9 to the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  
23   Entitlements held by 2 or more co-holders
Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.
Division 8 Replacement access licences for entitlements for the NSW Border Rivers (1 July 2009)
35   Application of Division
(1)  This Division applies to and in respect of:
(a)  each entitlement with respect to the NSW Border Rivers, and
(b)  each access licence arising from any such entitlement.
(2)  In this Division, a reference to the NSW Border Rivers is a reference to the NSW Border Rivers Regulated River Water Source identified in the Water Sharing Plan for the NSW Border Rivers Regulated River Water Source 2009, as in force on 1 July 2009.
36   Supplementary water access licences
(1)  On 1 July 2009, an A or B component entitlement is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component calculated in accordance with the following formula:
 
where:
S represents the share component for the supplementary water access licence, expressed in unit shares.
D represents the sum of:
(a)  the volume of water for A component irrigation, and
(b)  the volume of water for B component irrigation,
as authorised by the A or B component entitlement immediately before 1 July 2009.
ΣD represents the sum of the volumes of water for A or B component irrigation for all A or B component entitlements.
(2)  In this clause:
A or B component entitlement means a licence under section 12 or 13 of the former 1912 Act, or an authority under section 20B of that Act, being a licence or authority with respect to the NSW Border Rivers that is described as including a volume of water for A component irrigation or B component irrigation, or both.
unit share has the same meaning as it has in the Water Sharing Plan for the NSW Border Rivers Regulated River Water Source 2009, as in force on 1 July 2009.
37   Registration of security interests in replacement access licences
(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 July 2009.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10) of Schedule 10:
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 1 July 2009, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.
38   Entitlements held by 2 or more co-holders
Pursuant to clause 1 of Schedule 9 to the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  
23   Entitlements held by 2 or more co-holders
Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.
Division 9 Replacement access licences for entitlements for the Hunter, Lower North Coast, Coffs Harbour and Central Coast Unregulated and Alluvial Water Sources (1 August 2009)
Subdivision 1 Preliminary
39   Application of Division
This Division applies to and in respect of each entitlement with respect to:
(a)  the Hunter Unregulated and Alluvial Water Sources (identified in the Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2009), or
(b)  the Lower North Coast Unregulated and Alluvial Water Sources (identified in the Water Sharing Plan for the Lower North Coast Unregulated and Alluvial Water Sources 2009), or
(c)  the Coffs Harbour Area Unregulated and Alluvial Water Sources (identified in the Water Sharing Plan for the Coffs Harbour Area Unregulated and Alluvial Water Sources 2009), or
(d)  the Central Coast Unregulated Water Sources (identified in the Water Sharing Plan for the Central Coast Unregulated Water Sources 2009),
and to and in respect of each access licence arising from any such entitlement.
Subdivision 2 Access licences for tidal pool water sources
40   Definitions
In this Subdivision:
confirmed history of water usage, in relation to eligible land, means information that indicates the volume of tidal pool water that has been used on the land, and the purposes for which that water has been used, at any time between 1 February 1999 and 1 August 2009, established to the satisfaction of the Minister.
eligible land means any land on which the landholder of the land has used tidal pool water at any time between 1 February 1999 and 1 August 2009.
replacement access licence means an access licence that is taken to have arisen under this Subdivision.
tidal pool water means water taken from a tidal pool water source.
tidal pool water source means:
(a)  the Wallis Creek Tidal Pool Water Source, the Paterson River Tidal Pool Water Source or the Hunter River Tidal Pool Water Source (each within the meaning of the Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2009), or
(b)  the Manning River Tidal Pool Water Source (within the meaning of the Water Sharing Plan for the Lower North Coast Unregulated and Alluvial Water Sources 2009).
41   Temporary exemption from requirements for certain access licences and approvals
(1)  All persons are exempt from:
(a)  sections 60A (1) and (2), 60C (1)–(4) and 60D of the Act in relation to the taking of tidal pool water, and
(b)  section 91A (1) of the Act in relation to the use of tidal pool water, and
(c)  section 91B (1) of the Act in relation to:
(i)  the use of any water supply work by which tidal pool water is taken (being a water supply work constructed before 1 August 2009), and
(ii)  the maintenance and repair of any such work,
for the period between 1 August 2009 and 31 July 2010 (inclusive).
(2)  Subclause (1) ceases to apply to a person in relation to land when the person is given notice under clause 42 of this Schedule of the terms and conditions of the person’s replacement access licence for the land.
(3)  The Minister may in a particular case by notice in writing to a landholder of eligible land extend the period of the exemption conferred by subclause (1) in its application to the landholder if the Minister is satisfied that the extension is necessary to enable the Minister to establish the landholder’s confirmed history of water usage.
42   Replacement access licences arising from confirmed history of water usage
(1)  A landholder of eligible land in respect of which there is a confirmed history of water usage is taken to hold an access licence (a replacement access licence), and such an access licence is taken to have arisen, on the following terms and conditions:
(a)  terms identifying:
(i)  the category or subcategory of the licence, as determined by clause 43 of this Schedule, and
(ii)  the share component of the licence, as determined by clause 44 or 45 of this Schedule, as the case requires,
(b)  the mandatory conditions referable to an access licence of the category or subcategory referred to in paragraph (a) (i).
(2)  A replacement access licence does not operate (and has no force or effect) until the Minister notifies the licence holder in writing of the terms and conditions of the licence referred to in subclause (1).
(3)  For the purpose of establishing the confirmed history of water usage for any eligible land, the Minister may require the landholder to furnish information relevant to that purpose.
(4)  The Minister is not required to issue a notice under subclause (2) if he or she is not satisfied that a confirmed history of water usage for eligible land has been established, whether because the landholder has failed to comply with a requirement under subclause (3) or otherwise.
(5)  This Subdivision does not operate:
(a)  to create a domestic and stock access licence (or an access licence of a subcategory of a domestic and stock access licence) in relation to land if:
(i)  the land has frontage to a tidal pool water source, or
(ii)  the share component of the licence, as determined by clause 44 of this Schedule, would be zero or negative, or
(b)  to create an unregulated river access licence (or an access licence of a subcategory of an unregulated river access licence) if the share component of the licence, as determined by clause 45 of this Schedule, would be zero or negative.
Note—
Because it is an access licence, a replacement access licence can be suspended, cancelled or compulsorily acquired under Division 6 of Part 2 of Chapter 3 of the Act, and discretionary conditions can be imposed under section 66. The licence holder will need to apply for any necessary water use approvals and water supply work approvals if he or she intends to take or use water under the authority of a replacement access licence.
43   Categories of replacement access licence
A replacement access licence is to be:
(a)  to the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for domestic consumption or stock watering:
(i)  if the water has been used for both domestic consumption and stock watering, a domestic and stock access licence, or
(ii)  if the water has been used for domestic consumption only, a domestic and stock [domestic] access licence, or
(iii)  if the water has been used for stock watering only, a domestic and stock [stock] access licence, and
(b)  to the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used otherwise than for domestic consumption or stock watering:
(i)  an unregulated river access licence, or
(ii)  an access licence of any subcategory of an unregulated river access licence.
44   Share component for domestic and stock access licences
The share component for a replacement access licence that is a domestic and stock access licence is to be as follows:
(a)  except as provided by paragraphs (b) and (c), 4.5 megalitres,
(b)  in the case of a domestic and stock [domestic] access licence, 1 megalitre,
(c)  in the case of a domestic and stock [stock] access licence, 3.5 megalitres,
subtracting from each such volume the volume of any entitlement under the former 1912 Act that authorised the taking of tidal pool water for domestic consumption or stock watering (or both).
45   Share component for unregulated river access licences
(1)  The share component for a replacement access licence that is an unregulated river access licence is to be the amount (in megalitres) equivalent to the maximum average volume of tidal pool water taken annually and used on the eligible land concerned, otherwise than for domestic consumption or stock watering, between 1999 and 2009 (inclusive).
(2)  The reference in subclause (1) to the maximum average volume of water is a reference to:
(a)  if water was taken during only one of the years between 1999 and 2009, the volume of water taken during that year, or
(b)  if water was taken during only 2 of the years between 1999 and 2009, one half of the sum of the volumes of water taken annually during those years, or
(c)  if water was taken during 3 or more of the years between 1999 and 2009, one third of the sum of the 3 largest volumes of water taken annually during those years,
subtracting from each such volume the volume of any entitlement under the former 1912 Act that authorised the taking of tidal pool water, other than an entitlement that authorised the taking of tidal pool water for domestic consumption or stock watering (or both).
(3)  To the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for purposes other than:
(a)  irrigation, or
(b)  domestic consumption, or
(c)  stock watering,
the volume of water taken in any year is to be calculated (in megalitres) on the basis of that history.
(4)  To the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for the purposes of irrigation, the volume of water taken in any year for those purposes is to be calculated (in megalitres):
(a)  in the case of water taken from the Wallis Creek Tidal Pool Water Source, the Paterson River Tidal Pool Water Source or the Hunter River Tidal Pool Water Source:
(i)  if the confirmed history of water usage for the land indicates which crops specified in Table 1 were grown under irrigation on which parts of the land during that year, as the sum of the amounts obtained by multiplying the number of hectares of land on which each such crop was grown (as indicated by the confirmed history of water usage) by the factor specified in that Table in relation to that crop, or
(ii)  in any other case, as the amount obtained by multiplying the number of hectares of the land on which crops specified in Table 1 were grown under irrigation during that year (as indicated by the confirmed history of water usage for the land) by the smallest factor specified in that Table in relation to those crops, and
(b)  in the case of water taken from the Manning River Tidal Pool Water Source:
(i)  if the confirmed history of water usage for the land indicates which crops specified in Table 2 were grown under irrigation on which parts of the land during that year, as the sum of the amounts obtained by multiplying the number of hectares of land on which each such crop was grown (as indicated by the confirmed history of water usage) by the factor specified in that Table in relation to that crop, or
(ii)  in any other case, as the amount obtained by multiplying the number of hectares of the land on which crops specified in Table 2 were grown under irrigation during that year (as indicated by the confirmed history of water usage for the land) by the smallest factor specified in that Table in relation to those crops.
(5)  Where more than one crop has been grown on the same land in the same year, the land may not be counted more than once for the purposes of subclause (4), but the higher or highest of the factors relevant to those crops is to be used.
(6)  For the purposes of this clause, a reference to a crop specified in Table 1 or 2 includes a reference to any other crop that the Minister determines to be an equivalent to that crop.
Table 1 Wallis Creek, Paterson River and Hunter River
Crop under irrigation
Factor
Winter cereal
3
Summer cereal
4
Citrus
6
Vines
3
Summer oilseeds
4
Perennial pasture (dairy)
7
Perennial pasture (non-dairy)
5
Annual pasture
3.5
Lucerne
6
Vegetables
8
Orchards (not citrus)
8
Nuts
8
Pulses
5
Olives
5
Turf
11
Table 2 Manning River
Crop under irrigation
Factor
Winter cereal
2.5
Summer cereal
3
Citrus
5
Summer oilseeds
3
Perennial pasture (dairy)
7
Perennial pasture (non-dairy)
5
Annual pasture
3
Lucerne
5
Vegetables
6.5
Orchards (not citrus)
6.5
Nuts
6.5
Pulses
4
Cut flowers
5
Nurseries
20
Turf
11
Example 1—
Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which 10 hectares were used for growing lucerne, 10 hectares were used for annual pasture and 10 hectares were used for vegetables (as indicated by the confirmed history of water usage for the land). The factors for these crops (using Table 1) are 6 (for lucerne), 3.5 (for annual pasture) and 8 (for vegetables). The volume of water calculated for that year for the land would therefore be 175 megalitres (that is, 10 times 6, plus 10 times 3.5, plus 10 times 8: see subclause (4) (a) (i)).
Example 2—
Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which some were used for growing lucerne, some were used for annual pasture and some were used for vegetables (the specific areas not indicated by the confirmed history of water usage for the land). The factors for these crops (using Table 1) are 6 (for lucerne), 3.5 (for annual pasture) and 8 (for vegetables). The volume of water calculated for that year for the land would therefore be 105 megalitres (that is, 30 times 3.5: see subclause (4) (a) (ii)).
Example 3—
Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which all 30 were used for growing summer cereals (in summer) and all 30 were used for growing winter cereals (in winter). The factors for these crops (using Table 1) are 4 (for summer cereals) and 3 (for winter cereals). The volume of water calculated for that year for the land would therefore be 120 megalitres (that is, 30 times 4: see subclauses (4) (a) (i) and (5)).
46   Conversion of share components of access licence
Clause 7 of Schedule 10 to the Act applies to and in respect of a replacement access licence in the same way as it applies to and in respect of an access licence arising under that Schedule.
Note—
This clause enables the share component of an access licence under this Subdivision to be converted from a specified quantity of water to any other manner (such as a unit share) in which a share component may be expressed under section 56 of the Act.
Subdivision 3 General
47   Registration of security interests in replacement access licences
(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 August 2009.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10) of Schedule 10:
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 1 August 2009, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.
48   Entitlements held by 2 or more co-holders
Pursuant to clause 1 of Schedule 9 to the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  
23   Entitlements held by 2 or more co-holders
Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.
Division 10 Replacement access licences for entitlements for the Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock Water Sources (1 July 2010)
49   Application of Division
(1)  This Division applies to and in respect of each entitlement with respect to the water sources to which the Water Sharing Plan for the Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock Water Sources 2010 applies and to and in respect of each access licence arising from any such entitlement.
(2)  A reference in this Division to an entitlement referred to in Division 7 of Part 4 of this Schedule includes a reference to an entitlement that is issued before 1 July 2010 under section 117J of the former 1912 Act or clause 24 of the Water (Part 2—General) Regulation 1997 as a result of a transfer of water allocation or water rights and that arises from an entitlement referred to in Division 7 of Part 4 of this Schedule.
50   Aquifer (general security) access licences
(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
  
(5)  This clause does not apply to an entitlement referred to in Division 7 of Part 4 of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
  
4A   Aquifer (general security) access licences
A Part 2 or Part 5 entitlement referred to in Division 7 of Part 4 of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by an aquifer (general security) access licence.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  Subclause (1) does not apply to an entitlement referred to in Division 7 of Part 4 of Schedule 4 to the Water Management (General) Regulation 2011.
51   Registration of security interests in replacement access licences
(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 July 2010.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10):
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 1 July 2008, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.
52   Entitlements held by 2 or more co-holders
Pursuant to clause 1 of Schedule 9 of the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  
23   Entitlements held by 2 or more co-holders
Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.
Division 11 Replacement access licences for entitlements for certain Murrah-Wallaga, Richmond, Towamba and Tweed River Water Sources (17 December 2010)
Subdivision 1 Preliminary
53   Definitions
In this Division:
Bermagui River Water Source means the water source of that name identified in the Water Sharing Plan for the Murrah-Wallaga Area Unregulated and Alluvial Water Sources 2010.
confirmed history of water usage, in relation to eligible land, means information that indicates the volume of tidal pool water that has been used on the land, and the purposes for which that water has been used, at any time between 17 December 2000 and 17 December 2010, established to the satisfaction of the Minister.
Coraki Area Water Source means the water source of that name identified in the Water Sharing Plan for the Richmond River Area Unregulated, Regulated and Alluvial Water Sources 2010.
eligible land means any land on which the landholder of the land has used tidal pool water at any time between 17 December 2000 and 17 December 2010.
Merimbula Lake Tributaries Water Source means the water source of that name identified in the Water Sharing Plan for the Towamba River Unregulated and Alluvial Water Sources 2010.
Pambula Lake Tributaries Water Source means the water source of that name identified in the Water Sharing Plan for the Towamba River Unregulated and Alluvial Water Sources 2010.
replacement access licence means an access licence that is taken to have arisen under this Subdivision.
tidal pool water means water taken from a tidal pool water source.
tidal pool water source means:
(a)  the Bermagui River Water Source, or
(b)  the Coraki Area Water Source, or
(c)  the Merimbula Lake Tributaries Water Source, or
(d)  the Pambula Lake Tributaries Water Source, or
(e)  the Towamba Estuary Tributaries Water Source, or
(f)  the Tweed Estuary Water Source, or
(g)  the Wapengo Lagoon Tributaries Water Source, or
(h)  the Wyrallah Area Water Source.
Towamba Estuary Tributaries Water Source means the water source of that name identified in the Water Sharing Plan for the Towamba River Unregulated and Alluvial Water Sources 2010.
Tweed Estuary Water Source means the water source of that name identified in the Water Sharing Plan for the Tweed River Area Unregulated and Alluvial Water Sources 2010.
Wapengo Lagoon Tributaries Water Source means the water source of that name identified in the Water Sharing Plan for the Murrah-Wallaga Area Unregulated and Alluvial Water Sources 2010.
Wyrallah Area Water Source means the water source of that name identified in the Water Sharing Plan for the Richmond River Area Unregulated, Regulated and Alluvial Water Sources 2010.
Subdivision 2 Access licences for tidal pool water sources
54   Temporary exemption from requirements for certain access licences and approvals
(1)  All persons are exempt from:
(a)  sections 60A (1) and (2), 60C (1)–(4) and 60D of the Act in relation to the taking of tidal pool water, and
(b)  section 91A (1) of the Act in relation to the use of tidal pool water, and
(c)  section 91B (1) of the Act in relation to:
(i)  the use of any water supply work by which tidal pool water is taken (being a water supply work constructed before 17 December 2010), and
(ii)  the maintenance and repair of any such work,
for the period between 17 December 2010 and 17 December 2012 (inclusive).
(2)  Subclause (1) ceases to apply to a person in relation to land when the person is given notice under clause 55 of this Schedule of the terms and conditions of the person’s replacement access licence for the land.
(3)  The Minister may in a particular case by notice in writing to a landholder of eligible land extend the period of the exemption conferred by subclause (1) in its application to the landholder if the Minister is satisfied that the extension is necessary to enable the Minister to establish the landholder’s confirmed history of water usage.
55   Replacement access licences arising from confirmed history of water usage
(1)  A landholder of eligible land in respect of which there is a confirmed history of water usage is taken to hold an access licence (a replacement access licence), and such an access licence is taken to have arisen, on the following terms and conditions:
(a)  terms identifying:
(i)  the category or subcategory of the licence, as determined by clause 56 of this Schedule, and
(ii)  the share component of the licence, as determined by clause 57 or 58 of this Schedule, as the case requires,
(b)  the mandatory conditions referable to an access licence of the category or subcategory referred to in paragraph (a) (i).
(2)  A replacement access licence does not operate (and has no force or effect) until the Minister notifies the licence holder in writing of the terms and conditions of the licence referred to in subclause (1).
(3)  For the purpose of establishing the confirmed history of water usage for any eligible land, the Minister may require the landholder to furnish information relevant to that purpose.
(4)  The Minister is not required to issue a notice under subclause (2) if he or she is not satisfied that a confirmed history of water usage for eligible land has been established, whether because the landholder has failed to comply with a requirement under subclause (3) or otherwise.
(5)  This Subdivision does not operate:
(a)  to create a domestic and stock access licence (or an access licence of a subcategory of a domestic and stock access licence) in relation to land if:
(i)  the land has frontage to a tidal pool water source, or
(ii)  the share component of the licence, as determined by clause 57 of this Schedule, would be zero or negative, or
(b)  to create an unregulated river access licence (or an access licence of a subcategory of an unregulated river access licence) if the share component of the licence, as determined by clause 58 of this Schedule, would be zero or negative.
Note—
Because it is an access licence, a replacement access licence can be suspended, cancelled or compulsorily acquired under Division 6 of Part 2 of Chapter 3 of the Act, and discretionary conditions can be imposed under section 66. The licence holder will need to apply for any necessary water use approvals and water supply work approvals if he or she intends to take or use water under the authority of a replacement access licence.
56   Categories of replacement access licence
A replacement access licence is to be:
(a)  to the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for domestic consumption or stock watering:
(i)  if the water has been used for both domestic consumption and stock watering, a domestic and stock access licence, or
(ii)  if the water has been used for domestic consumption only, a domestic and stock [domestic] access licence, or
(iii)  if the water has been used for stock watering only, a domestic and stock [stock] access licence, and
(b)  to the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used otherwise than for domestic consumption or stock watering:
(i)  an unregulated river access licence, or
(ii)  an access licence of any subcategory of an unregulated river access licence.
57   Share component for domestic and stock access licences
(1)  In relation to an entitlement or access licence in respect of the Tweed Estuary Water Source, the Wyrallah Area Water Source or the Coraki Area Water Source, the share component for a replacement access licence that is a domestic and stock access licence is to be as follows:
(a)  except as provided by paragraphs (b) and (c), 4 megalitres,
(b)  in the case of a domestic and stock [domestic] access licence, 1 megalitre,
(c)  in the case of a domestic and stock [stock] access licence, 3 megalitres,
subtracting from each such volume the volume of any entitlement under the former 1912 Act that authorised the taking of tidal pool water for domestic consumption or stock watering (or both).
(2)  In relation to an entitlement or access licence in respect of the Merimbula Lake Tributaries Water Source, Pambula Lake Tributaries Water Source, Towamba Estuary Tributaries Water Source, the Bermagui River Water Source or the Wapengo Lagoon Tributaries Water Source, the share component for a replacement access licence that is a domestic and stock access licence is to be as follows:
(a)  except as provided by paragraphs (b) and (c), 5.5 megalitres,
(b)  in the case of a domestic and stock [domestic] access licence, 1 megalitre,
(c)  in the case of a domestic and stock [stock] access licence, 4.5 megalitres,
subtracting from each such volume the volume of any entitlement under the former 1912 Act that authorised the taking of tidal pool water for domestic consumption or stock watering (or both).
58   Share component for unregulated river access licences
(1)  The share component for a replacement access licence that is an unregulated river access licence is to be the amount (in megalitres) equivalent to the maximum average volume of tidal pool water taken annually and used on the eligible land concerned, otherwise than for domestic consumption or stock watering, between 2000 and 2010 (inclusive).
(2)  The reference in subclause (1) to the maximum average volume of water is a reference to:
(a)  if water was taken during only one of the years between 2000 and 2010, the volume of water taken during that year, or
(b)  if water was taken during only 2 of the years between 2000 and 2010, one half of the sum of the volumes of water taken annually during those years, or
(c)  if water was taken during 3 or more of the years between 2000 and 2010, one third of the sum of the 3 largest volumes of water taken annually during those years,
subtracting from each such volume the volume of any entitlement under the former 1912 Act that authorised the taking of tidal pool water, other than an entitlement that authorised the taking of tidal pool water for domestic consumption or stock watering (or both).
(3)  To the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for purposes other than:
(a)  irrigation, or
(b)  domestic consumption, or
(c)  stock watering,
the volume of water taken in any year is to be calculated (in megalitres) on the basis of that history.
(4)  To the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for the purposes of irrigation, the volume of water taken in any year for those purposes is to be calculated (in megalitres):
(a)  in the case of water taken from the Tweed Estuary Water Source, the Wyrallah Area Water Source or the Coraki Area Water Source:
(i)  if the confirmed history of water usage for the land indicates which crops specified in Table 1 to this clause were grown under irrigation on which parts of the land during that year, as the sum of the amounts obtained by multiplying the number of hectares of land on which each such crop was grown (as indicated by the confirmed history of water usage) by the factor specified in that Table in relation to that crop, or
(ii)  in any other case, as the amount obtained by multiplying the number of hectares of the land on which crops specified in Table 1 to this clause were grown under irrigation during that year (as indicated by the confirmed history of water usage for the land) by the smallest factor specified in that Table in relation to those crops, and
(b)  in the case of water taken from the Merimbula Lake Tributaries Water Source, the Pambula Lake Tributaries Water Source, the Towamba Estuary Tributaries Water Source, the Bermagui River Water Source or the Wapengo Lagoon Tributaries Water Source:
(i)  if the confirmed history of water usage for the land indicates which crops specified in Table 2 were grown under irrigation on which parts of the land during that year, as the sum of the amounts obtained by multiplying the number of hectares of land on which each such crop was grown (as indicated by the confirmed history of water usage) by the factor specified in that Table in relation to that crop, or
(ii)  in any other case, as the amount obtained by multiplying the number of hectares of the land on which crops specified in Table 2 were grown under irrigation during that year (as indicated by the confirmed history of water usage for the land) by the smallest factor specified in that Table in relation to those crops.
(5)  Where more than one crop has been grown on the same land in the same year, the land may not be counted more than once for the purposes of subclause (4), but the higher or highest of the factors relevant to those crops is to be used.
(6)  For the purposes of this clause, a reference to a crop specified in Table 1 or 2 to this clause includes a reference to any other crop that the Minister determines to be an equivalent to that crop.
Table 1 Tweed Estuary Water Source, Wyrallah Area Water Source and Coraki Area Water Source
Crop under irrigation
Factor
Winter cereal
2.5
Summer cereal
2
Citrus
3.5
Vines
1.5
Winter oilseeds
3.5
Summer oilseeds
2
Perennial pasture (dairy)
6.5
Perennial pasture (non-dairy)
4.5
Annual pasture
3
Lucerne
4.5
Vegetables
6
Orchards
5.5
Nuts
5.5
Pulses
4
Olives
4
Sugar cane
8
Coffee
6.5
Tea tree
7
Bananas
6.5
Cut flowers
4.5
Turf
10
Inactive areas
1.5
Table 2 Merimbula Lake Tributaries Water Source, Pambula Lake Tributaries Water Source, Towamba Estuary Tributaries Water Source, Bermagui River Water Source or Wapengo Lagoon Tributaries Water Source
Crop under irrigation
Factor
Winter cereal
1
Summer cereal
2.5
Citrus
3.5
Vines
1.5
Summer oilseeds
3
Perennial pasture (dairy)
6.5
Perennial pasture (non-dairy)
4.5
Annual pasture
1.5
Lucerne
5
Vegetables
4.5
Orchards
5.5
Nuts
5.5
Pulses
2.5
Olives
3
Turf
8.5
Cut flowers
4.5
Inactive area
1
Example 1—
Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which 10 hectares were used for growing lucerne, 10 hectares were used for annual pasture and 10 hectares were used for vegetables (as indicated by the confirmed history of water usage for the land). The factors for these crops (using Table 1) are 4.5 (for lucerne), 3 (for annual pasture) and 6 (for vegetables). The volume of water calculated for that year for the land would therefore be 135 megalitres (that is, 10 times 4.5, plus 10 times 3, plus 10 times 6: see subclause (4) (a) (i)).
Example 2—
Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which some were used for growing lucerne, some were used for annual pasture and some were used for vegetables (the specific areas not indicated by the confirmed history of water usage for the land). The factors for these crops (using Table 1) are 4.5 (for lucerne), 3 (for annual pasture) and 6 (for vegetables). The volume of water calculated for that year for the land would therefore be 90 megalitres (that is, 30 times 3: see subclause (4) (a) (ii)).
Example 3—
Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which all 30 were used for growing summer cereals (in summer) and all 30 were used for growing winter cereals (in winter). The factors for these crops (using Table 1) are 2 (for summer cereals) and 2.5 (for winter cereals). The volume of water calculated for that year for the land would therefore be 75 megalitres (that is, 30 times 2.5: see subclauses (4) (a) (i) and (5)).
59   Conversion of share components of access licence
Clause 7 of Schedule 10 to the Act applies to and in respect of a replacement access licence in the same way as it applies to and in respect of an access licence arising under that Schedule.
Note—
This clause enables the share component of an access licence under this Subdivision to be converted from a specified quantity of water to any other manner (such as a unit share) in which a share component may be expressed under section 56 of the Act.
Subdivision 3 Security interests
60   Application of Subdivision
This Subdivision applies to and in respect of each entitlement with respect to:
(a)  the Bermagui River Water Source, or
(b)  the Coraki Area Water Source, or
(c)  the Merimbula Lake Tributaries Water Source, or
(d)  the Pambula Lake Tributaries Water Source, or
(e)  the Towamba Estuary Tributaries Water Source, or
(f)  the Tweed Estuary Water Source, or
(g)  the Wapengo Lagoon Tributaries Water Source, or
(h)  the Wyrallah Area Water Source,
and to and in respect of each access licence arising from any such entitlement.
61   Registration of security interests in replacement access licences
(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 17 December 2010.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10) of Schedule 10 to the Act:
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 17 December 2010, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.
62   Entitlements held by 2 or more co-holders
Pursuant to clause 1 of Schedule 9 of the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  
23   Entitlements held by 2 or more co-holders
Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.
Division 12 Replacement access licences for entitlements for certain Bega and Brogo Water Sources (1 April 2011)
Subdivision 1 Preliminary
63   Definitions
In this Division:
Bega River Estuary and Tributaries Water Source means the water source of that name identified in the Water Sharing Plan for the Bega and Brogo Rivers Area Regulated, Unregulated and Alluvial Water Sources 2011.
confirmed history of water usage, in relation to eligible land, means information that indicates the volume of tidal pool water that has been used on the land, and the purposes for which that water has been used, at any time between 1 April 2001 and 1 April 2011, established to the satisfaction of the Minister.
eligible land means any land on which the landholder of the land has used tidal pool water at any time between 1 April 2001 and 1 April 2011.
replacement access licence means an access licence that is taken to have arisen under this Subdivision.
tidal pool water means water taken from a tidal pool water source.
tidal pool water source means the Bega River Estuary and Tributaries Water Source.
64   Application of Division
(1)  This Division applies to and in respect of each entitlement with respect to the water sources to which the Water Sharing Plan for the Bega and Brogo Rivers Area Regulated, Unregulated and Alluvial Water Sources 2011 applies and to and in respect of each access licence arising from any such entitlement.
(2)  A reference in this Division to an entitlement listed in Subdivision 2 of Division 8 of Part 4 of this Schedule includes a reference to an entitlement that is issued before 1 April 2011 under section 117J of the former 1912 Act or clause 24 of the Water (Part 2—General) Regulation 1997 as a result of a transfer of water allocation or water rights and that arises from an entitlement listed in Subdivision 2 of Division 8 of Part 4 of this Schedule.
Subdivision 2 Access licences for tidal pool water sources
65   Temporary exemption from requirements for certain access licences and approvals
(1)  All persons are exempt from:
(a)  sections 60A (1) and (2), 60C (1)–(4) and 60D of the Act in relation to the taking of tidal pool water, and
(b)  section 91A (1) of the Act in relation to the use of tidal pool water, and
(c)  section 91B (1) of the Act in relation to:
(i)  the use of any water supply work by which tidal pool water is taken (being a water supply work constructed before 1 April 2011), and
(ii)  the maintenance and repair of any such work,
for the period between 1 April 2011 and 1 April 2013 (inclusive).
(2)  Subclause (1) ceases to apply to a person in relation to land when the person is given notice under clause 66 of this Schedule of the terms and conditions of the person’s replacement access licence for the land.
(3)  The Minister may in a particular case by notice in writing to a landholder of eligible land extend the period of an exemption conferred by subclause (1) in its application to the landholder if the Minister is satisfied that the extension is necessary to enable the Minister to establish the landholder’s confirmed history of water usage.
66   Replacement access licences arising from confirmed history of water usage
(1)  A landholder of eligible land in respect of which there is a confirmed history of water usage is taken to hold an access licence (a replacement access licence), and such an access licence is taken to have arisen, on the following terms and conditions:
(a)  terms identifying:
(i)  the category or subcategory of the licence, as determined by clause 67 of this Schedule, and
(ii)  the share component of the licence, as determined by clause 68 or 69 of this Schedule, as the case requires,
(b)  the mandatory conditions referable to an access licence of the category or subcategory referred to in paragraph (a) (i).
(2)  A replacement access licence does not operate (and has no force or effect) until the Minister notifies the licence holder in writing of the terms and conditions of the licence referred to in subclause (1).
(3)  For the purpose of establishing the confirmed history of water usage for any eligible land, the Minister may require the landholder to furnish information relevant to that purpose.
(4)  The Minister is not required to issue a notice under subclause (2) if he or she is not satisfied that a confirmed history of water usage for eligible land has been established, whether because the landholder has failed to comply with a requirement under subclause (3) or otherwise.
(5)  This Subdivision does not operate:
(a)  to create a domestic and stock access licence (or an access licence of a subcategory of a domestic and stock access licence) in relation to land if:
(i)  the land has frontage to a tidal pool water source, or
(ii)  the share component of the licence, as determined by clause 68 of this Schedule, would be zero or negative, or
(b)  to create an unregulated river access licence (or an access licence of a subcategory of an unregulated river access licence) if the share component of the licence, as determined by clause 69 of this Schedule, would be zero or negative.
Note—
Because it is an access licence, a replacement access licence can be suspended, cancelled or compulsorily acquired under Division 6 of Part 2 of Chapter 3 of the Act, and discretionary conditions can be imposed under section 66. The licence holder will need to apply for any necessary water use approvals and water supply work approvals if he or she intends to take or use water under the authority of a replacement access licence.
67   Categories of replacement access licence
A replacement access licence is to be:
(a)  to the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for domestic consumption or stock watering:
(i)  if the water has been used for both domestic consumption and stock watering, a domestic and stock access licence, or
(ii)  if the water has been used for domestic consumption only, a domestic and stock [domestic] access licence, or
(iii)  if the water has been used for stock watering only, a domestic and stock [stock] access licence, and
(b)  to the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used otherwise than for domestic consumption or stock watering:
(i)  an unregulated river access licence, or
(ii)  an access licence of any subcategory of an unregulated river access licence.
68   Share component for domestic and stock access licences
The share component for a replacement access licence that is a domestic and stock access licence is to be as follows:
(a)  except as provided by paragraphs (b) and (c), 5.5 megalitres,
(b)  in the case of a domestic and stock [domestic] access licence, 1 megalitre,
(c)  in the case of a domestic and stock [stock] access licence, 4.5 megalitres,
subtracting from each such volume the volume of any entitlement under the former 1912 Act that authorised the taking of tidal pool water for domestic consumption or stock watering (or both).
69   Share component for unregulated river access licences
(1)  The share component for a replacement access licence that is an unregulated river access licence is to be the amount (in megalitres) equivalent to the maximum average volume of tidal pool water taken annually and used on the eligible land concerned, otherwise than for domestic consumption or stock watering, between 2001 and 2011 (inclusive).
(2)  The reference in subclause (1) to the maximum average volume of water is a reference to:
(a)  if water was taken during only one of the years between 2001 and 2011, the volume of water taken during that year, or
(b)  if water was taken during only 2 of the years between 2001 and 2011, one half of the sum of the volumes of water taken annually during those years, or
(c)  if water was taken during 3 or more of the years between 2001 and 2011, one third of the sum of the 3 largest volumes of water taken annually during those years,
subtracting from each such volume the volume of any entitlement under the former 1912 Act that authorised the taking of tidal pool water, other than an entitlement that authorised the taking of tidal pool water for domestic consumption or stock watering (or both).
(3)  To the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for purposes other than:
(a)  irrigation, or
(b)  domestic consumption, or
(c)  stock watering,
the volume of water taken in any year is to be calculated (in megalitres) on the basis of that history.
(4)  To the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for the purposes of irrigation, the volume of water taken in any year for those purposes is to be calculated (in megalitres):
(a)  if the confirmed history of water usage for the land indicates which crops specified in the Table to this clause were grown under irrigation on which parts of the land during that year, as the sum of the amounts obtained by multiplying the number of hectares of land on which each such crop was grown (as indicated by the confirmed history of water usage) by the factor specified in that Table in relation to that crop, or
(b)  in any other case, as the amount obtained by multiplying the number of hectares of the land on which crops specified in the Table to this clause were grown under irrigation during that year (as indicated by the confirmed history of water usage for the land) by the smallest factor specified in that Table in relation to those crops.
(5)  Where more than one crop has been grown on the same land in the same year, the land may not be counted more than once for the purposes of subclause (4), but the higher or highest of the factors relevant to those crops is to be used.
(6)  For the purposes of this clause, a reference to a crop specified in the Table to this clause includes a reference to any other crop that the Minister determines to be an equivalent to that crop.
Table
Crop under irrigation
Factor
Winter cereal
1
Summer cereal
2.5
Citrus
3.5
Vines
1.5
Summer oilseeds
3
Perennial pasture (dairy)
6.5
Perennial pasture (non-dairy)
4.5
Annual pasture
1.5
Lucerne
5
Vegetables
4.5
Orchards
5.5
Nuts
5.5
Pulses
2.5
Olives
3
Turf
8.5
Cut flowers
4.5
Inactive areas
1
Example 1—
Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which 10 hectares were used for growing lucerne, 10 hectares were used for annual pasture and 10 hectares were used for vegetables (as indicated by the confirmed history of water usage for the land). The factors for these crops (using the Table above) are 5 (for lucerne), 1.5 (for annual pasture) and 4.5 (for vegetables). The volume of water calculated for that year for the land would therefore be 110 megalitres (that is, 10 times 5, plus 10 times 1.5, plus 10 times 4.5: see subclause (4) (a)).
Example 2—
Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which some were used for growing lucerne, some were used for annual pasture and some were used for vegetables (the specific areas not indicated by the confirmed history of water usage for the land). The factors for these crops (using the Table above) are 5 (for lucerne), 1.5 (for annual pasture) and 4.5 (for vegetables). The volume of water calculated for that year for the land would therefore be 45 megalitres (that is, 30 times 1.5: see subclause (4) (b)).
Example 3—
Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which all 30 were used for growing summer cereals (in summer) and all 30 were used for growing winter cereals (in winter). The factors for these crops (using the Table above) are 2.5 (for summer cereals) and 1 (for winter cereals). The volume of water calculated for that year for the land would therefore be 75 megalitres (that is, 30 times 2.5: see subclauses (4) (a) and (5)).
70   Conversion of share components of access licence
Clause 7 of Schedule 10 to the Act applies to and in respect of a replacement access licence in the same way as it applies to and in respect of an access licence arising under that Schedule.
Note—
This clause enables the share component of an access licence under this Subdivision to be converted from a specified quantity of water to any other manner (such as a unit share) in which a share component may be expressed under section 56 of the Act.
Subdivision 3 General
71   Supplementary water access licences
On 1 April 2011, each entitlement with respect to the water sources to which the Water Sharing Plan for the Bega and Brogo Rivers Area Regulated, Unregulated and Alluvial Water Sources 2011 applies referred to in Column 1 of Subdivision 1 of Division 8 of Part 4 of this Schedule is taken to have been replaced not only by the relevant access licence referred to in Schedule 11 to the Act but also by a supplementary water access licence with a share component equivalent to the volume of water (expressed in megalitres) specified in Column 2 of Subdivision 1 of Division 8 of Part 4 of this Schedule with respect to that entitlement.
72   Regulated river (high security) access licences
(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
  
(5)  This clause does not apply to an entitlement listed in Subdivision 2 of Division 8 of Part 4 of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
  
4A   Regulated river (high security) access licences
A Part 2 or Part 5 entitlement listed in Subdivision 2 of Division 8 of Part 4 of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by a regulated river (high security) access licence.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  Subclause (1) does not apply to an entitlement listed in Subdivision 2 of Division 8 of Part 4 of Schedule 4 to the Water Management (General) Regulation 2011.
73   Registration of security interests in replacement access licences
(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 April 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10) of Schedule 10 to the Act:
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 1 April 2011, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.
74   Entitlements held by 2 or more co-holders
Pursuant to clause 1 of Schedule 9 of the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  
23   Entitlements held by 2 or more co-holders
Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.
Division 13 Replacement access licences for entitlements for certain Greater Metropolitan Water Sources (1 July 2011)
Subdivision 1 Preliminary
75   Definitions
In this Division:
confirmed history of water usage, in relation to eligible land, means information that indicates the volume of tidal pool water that has been used on the land, and the purposes for which that water has been used, at any time between 1 July 2001 and 1 July 2011, established to the satisfaction of the Minister.
eligible land means any land on which the landholder of the land has used tidal pool water at any time between 1 July 2001 and 1 July 2011.
Hawkesbury and Lower Nepean Rivers Water Source means the water source of that name identified in the Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011.
Illawarra Rivers Water Source means the water source of that name identified in the Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011.
Northern Sydney Rivers Water Source means the water source of that name identified in the Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011.
replacement access licence means an access licence that is taken to have arisen under this Subdivision.
Shoalhaven River Water Source means the water source of that name identified in the Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011.
Southern Sydney Rivers Water Source means the water source of that name identified in the Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011.
tidal pool water means water taken from a tidal pool water source.
tidal pool water source means:
(a)  the following management zones in the Shoalhaven River Water Source:
(i)  the Lower Shoalhaven River Catchment Management Zone,
(ii)  the Broughton Mill Creek Management Zone,
(iii)  the Jaspers Brush Creek and Tributaries Management Zone,
(iv)  the Bomaderry Creek Management Zone, or
(b)  the following management zones in the Illawarra Rivers Water Source:
(i)  the Minnamurra River Management Zone,
(ii)  the Minnamurra Coastal Management Zone,
(iii)  the Lake Illawarra Management Zone,
(iv)  the Macquarie Rivulet Management Zone,
(v)  the Wollongong Coastal Management Zone, or
(c)  the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source:
(i)  the Colo River Management Zone,
(ii)  the Upper Hawkesbury River (Grose River to South Creek) Management Zone,
(iii)  the Upper Hawkesbury River (South Creek to Cattai Creek) Management Zone,
(iv)  the Upper Hawkesbury River (Cattai Creek to Colo River) Management Zone,
(v)  the Lower Hawkesbury River Management Zone,
(vi)  the Macdonald River Management Zone,
(vii)  the Lower South Creek Management Zone,
(viii)  the Cattai Creek Management Zone,
(ix)  the Berowra Creek and Cowan Creek Management Zone,
(x)  the Lower South Creek Management Zone,
(xi)  the Grose River Management Zone,
(xii)  the Lower Nepean River Management Zone,
(d)  the following management zones in the Southern Sydney Rivers Water Source:
(i)  the Lower Woronora River Management Zone,
(ii)  the Hacking River Management Zone,
(iii)  the Lower Georges River and Bunburry Curran Creek Management Zone,
(iv)  the Cabramatta Creek Management Zone,
(v)  the Prospect Creek Management Zone,
(vi)  the Cooks River and Botany Bay Management Zone,
(vii)  the Southern Sydney Coastal Management Zone, or
(e)  the following management zones in the Northern Sydney Rivers Water Source:
(i)  the Lower Parramatta River Management Zone,
(ii)  the Lane Cove River Management Zone,
(iii)  the Middle Harbour Management Zone,
(iv)  the Northern Sydney Coastal Management Zone.
Subdivision 2 Access licences for tidal pool water sources
76   Temporary exemption from requirements for certain access licences and approvals
(1)  All persons are exempt from:
(a)  sections 60A (1) and (2), 60C (1) and (2) and 60D of the Act in relation to the taking of tidal pool water, and
(b)  section 91A (1) of the Act in relation to the use of tidal pool water, and
(c)  section 91B (1) of the Act in relation to:
(i)  the use of any water supply work by which tidal pool water is taken (being a water supply work constructed before 1 July 2011), and
(ii)  the maintenance and repair of any such work,
for the period between 1 July 2011 and 1 July 2013 (inclusive).
(2)  Subclause (1) ceases to apply to a person in relation to land when the person is given notice under clause 77 of this Schedule of the terms and conditions of the person’s replacement access licence for the land.
(3)  The Minister may in a particular case by notice in writing to a landholder of eligible land extend the period of an exemption conferred by subclause (1) in its application to the landholder if the Minister is satisfied that the extension is necessary to enable the Minister to establish the landholder’s confirmed history of water usage.
77   Replacement access licences arising from confirmed history of water usage
(1)  A landholder of eligible land in respect of which there is a confirmed history of water usage is taken to hold an access licence (a replacement access licence), and such an access licence is taken to have arisen, on the following terms and conditions:
(a)  terms identifying:
(i)  the category or subcategory of the licence, as determined by clause 78 of this Schedule, and
(ii)  the share component of the licence, as determined by clause 79 or 80 of this Schedule, as the case requires,
(b)  the mandatory conditions referable to an access licence of the category or subcategory referred to in paragraph (a) (i).
(2)  A replacement access licence does not operate (and has no force or effect) until the Minister notifies the licence holder in writing of the terms and conditions of the licence referred to in subclause (1).
(3)  For the purpose of establishing the confirmed history of water usage for any eligible land, the Minister may require the landholder to furnish information relevant to that purpose.
(4)  The Minister is not required to issue a notice under subclause (2) if he or she is not satisfied that a confirmed history of water usage for eligible land has been established, whether because the landholder has failed to comply with a requirement under subclause (3) or otherwise.
(5)  This Subdivision does not operate:
(a)  to create a domestic and stock access licence (or an access licence of a subcategory of a domestic and stock access licence) in relation to land if:
(i)  the land has frontage to a tidal pool water source, or
(ii)  the share component of the licence, as determined by clause 79 of this Schedule, would be zero or negative, or
(b)  to create an unregulated river access licence (or an access licence of a subcategory of an unregulated river access licence) if the share component of the licence, as determined by clause 80 of this Schedule, would be zero or negative.
Note—
Because it is an access licence, a replacement access licence can be suspended, cancelled or compulsorily acquired under Division 6 of Part 2 of Chapter 3 of the Act, and discretionary conditions can be imposed under section 66. The licence holder will need to apply for any necessary water use approvals and water supply work approvals if he or she intends to take or use water under the authority of a replacement access licence.
78   Categories of replacement access licence
A replacement access licence is to be:
(a)  to the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for domestic consumption or stock watering:
(i)  if the water has been used for both domestic consumption and stock watering, a domestic and stock access licence, or
(ii)  if the water has been used for domestic consumption only, a domestic and stock [domestic] access licence, or
(iii)  if the water has been used for stock watering only, a domestic and stock [stock] access licence, and
(b)  to the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used otherwise than for domestic consumption or stock watering:
(i)  an unregulated river access licence, or
(ii)  an access licence of any subcategory of an unregulated river access licence.
79   Share component for domestic and stock access licences
(1)  In relation to an entitlement or access licence in respect of a tidal pool water source in the Hawkesbury and Lower Nepean Rivers Water Source, the Southern Sydney Rivers Water Source or the Northern Sydney Rivers Water Source, the share component for a replacement access licence that is a domestic and stock access licence is to be as follows:
(a)  except as provided by paragraphs (b) and (c), 6.5 megalitres,
(b)  in the case of a domestic and stock [domestic] access licence, 1 megalitre,
(c)  in the case of a domestic and stock [stock] access licence, 5.5 megalitres,
subtracting from each such volume the volume of any entitlement under the former 1912 Act that authorised the taking of tidal pool water for domestic consumption or stock watering (or both).
(2)  In relation to an entitlement or access licence in respect of the Shoalhaven River Water Source or the Illawarra Rivers Water Source, the share component for a replacement access licence that is a domestic and stock access licence is to be as follows:
(a)  except as provided by paragraphs (b) and (c), 5.5 megalitres,
(b)  in the case of a domestic and stock [domestic] access licence, 1 megalitre,
(c)  in the case of a domestic and stock [stock] access licence, 4.5 megalitres,
subtracting from each such volume the volume of any entitlement under the former 1912 Act that authorised the taking of tidal pool water for domestic consumption or stock watering (or both).
80   Share component for unregulated river access licences
(1)  The share component for a replacement access licence that is an unregulated river access licence is to be the amount (in megalitres) equivalent to the maximum average volume of tidal pool water taken annually and used on the eligible land concerned, otherwise than for domestic consumption or stock watering, between 2001 and 2011 (inclusive).
(2)  The reference in subclause (1) to the maximum average volume of water is a reference to:
(a)  if water was taken during only one of the years between 2001 and 2011, the volume of water taken during that year, or
(b)  if water was taken during only 2 of the years between 2001 and 2011, one half of the sum of the volumes of water taken annually during those years, or
(c)  if water was taken during 3 or more of the years between 2001 and 2011, one third of the sum of the 3 largest volumes of water taken annually during those years,
subtracting from each such volume the volume of any entitlement under the former 1912 Act that authorised the taking of tidal pool water, other than an entitlement that authorised the taking of tidal pool water for domestic consumption or stock watering (or both).
(3)  To the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for purposes other than:
(a)  irrigation, or
(b)  domestic consumption, or
(c)  stock watering,
the volume of water taken in any year is to be calculated (in megalitres) on the basis of that history.
(4)  To the extent to which the confirmed history of water usage for the land indicates that tidal pool water has been used for the purposes of irrigation, the volume of water taken in any year for those purposes is to be calculated (in megalitres):
(a)  in the case of water taken from a tidal pool water source in the Shoalhaven River Source or the Illawarra Rivers Water Source:
(i)  if the confirmed history of water usage for the land indicates which crops specified in Table 1 to this clause were grown under irrigation on which parts of the land during that year, as the sum of the amounts obtained by multiplying the number of hectares of land on which each such crop was grown (as indicated by the confirmed history of water usage) by the factor specified in that Table in relation to that crop, or
(ii)  in any other case, as the amount obtained by multiplying the number of hectares of the land on which crops specified in Table 1 to this clause were grown under irrigation during that year (as indicated by the confirmed history of water usage for the land) by the smallest factor specified in that Table in relation to those crops, and
(b)  in the case of water taken from a tidal pool water source in the Hawkesbury and Lower Nepean Rivers Water Source, the Southern Sydney Rivers Water Source or the Northern Sydney Rivers Water Source:
(i)  if the confirmed history of water usage for the land indicates which crops specified in Table 2 to this clause were grown under irrigation on which parts of the land during that year, as the sum of the amounts obtained by multiplying the number of hectares of land on which each such crop was grown (as indicated by the confirmed history of water usage) by the factor specified in that Table in relation to that crop, or
(ii)  in any other case, as the amount obtained by multiplying the number of hectares of the land on which crops specified in Table 2 to this clause were grown under irrigation during that year (as indicated by the confirmed history of water usage for the land) by the smallest factor specified in that Table in relation to those crops.
(5)  Where more than one crop has been grown on the same land in the same year, the land may not be counted more than once for the purposes of subclause (4), but the higher or highest of the factors relevant to those crops is to be used.
(6)  For the purposes of this clause, a reference to a crop specified in Table 1 or 2 to this clause includes a reference to any other crop that the Minister determines to be an equivalent to that crop.
Table 1 Shoalhaven River Water Source and Illawarra Rivers Water Source
Crop under irrigation
Factor
Winter cereal
1
Summer cereal
2.5
Citrus
3.5
Vines
1.5
Summer oilseeds
3
Perennial pasture (dairy)
6.5
Perennial pasture (non-dairy)
4.5
Annual pasture
1.5
Lucerne
5
Vegetables
4.5
Orchards
5.5
Nuts
5.5
Pulses
2.5
Olives
3
Turf
8.5
Cut flowers
4.5
Inactive areas
1
Table 2 Hawkesbury and Lower Nepean Rivers Water Source, Southern Sydney Rivers Water Source and Northern Sydney Rivers Water Source
Crop under irrigation
Factor
Winter cereal
2.5
Summer cereal
3
Citrus
6
Vines
3
Perennial pasture (dairy)
7
Perennial pasture (non-dairy)
5
Annual pasture
3
Lucerne
6
Vegetables
7.5
Orchards
6
Nuts
6
Olives
5
Turf
11
Cut flowers
5
Inactive area
2.5
Example 1—
Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which 10 hectares were used for growing lucerne, 10 hectares were used for annual pasture and 10 hectares were used for vegetables (as indicated by the confirmed history of water usage for the land). The factors for these crops (using Table 1) are 5 (for lucerne), 1.5 (for annual pasture) and 4.5 (for vegetables). The volume of water calculated for that year for the land would therefore be 110 megalitres (that is, 10 times 5, plus 10 times 1.5, plus 10 times 4.5: see subclause (4) (a)).
Example 2—
Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which some were used for growing lucerne, some were used for annual pasture and some were used for vegetables (the specific areas not indicated by the confirmed history of water usage for the land). The factors for these crops (using Table 1) are 5 (for lucerne), 1.5 (for annual pasture) and 4.5 (for vegetables). The volume of water calculated for that year for the land would therefore be 45 megalitres (that is, 30 times 1.5: see subclause (4) (b)).
Example 3—
Suppose, in respect of any year, 30 hectares of a landholding were under irrigation, of which all 30 were used for growing summer cereals (in summer) and all 30 were used for growing winter cereals (in winter). The factors for these crops (using Table 1) are 2.5 (for summer cereals) and 1 (for winter cereals). The volume of water calculated for that year for the land would therefore be 75 megalitres (that is, 30 times 2.5: see subclauses (4) (a) and (5)).
81   Conversion of share components of access licence
Clause 7 of Schedule 10 to the Act applies to and in respect of a replacement access licence in the same way as it applies to and in respect of an access licence arising under that Schedule.
Note—
This clause enables the share component of an access licence under this Subdivision to be converted from a specified quantity of water to any other manner (such as a unit share) in which a share component may be expressed under section 56 of the Act.
Subdivision 3 Security interests
82   Application of Subdivision
This Subdivision applies to and in respect of each entitlement with respect to water sources to which any of the following applies and to and in respect of each access licence arising from any such entitlement:
83   Registration of security interests in replacement access licences
(1)  Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 July 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclauses are taken to be inserted after clause 19 (10) of Schedule 10 to the Act:
  
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 1 July 2011, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.
84   Entitlements held by 2 or more co-holders
Pursuant to clause 1 of Schedule 9 of the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause:
  
23   Entitlements held by 2 or more co-holders
Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.
Division 14 Replacement access licences for certain entitlements for the Castlereagh (1 October 2011)
84A   Application of Division
This Division applies to and in respect of the entitlements identified as licence numbers 80SL044829H and 80SL044904H with respect to water sources to which the Water Sharing Plan for the Castlereagh (below Binnaway) Unregulated and Alluvial Water Sources 2011 applies.
84B   Unregulated river (special additional high flow) access licences
(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
  
(5)  This clause does not apply to an entitlement referred to in clause 84A of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
  
4A   Unregulated river (special additional high flow) access licences
An entitlement referred to in clause 84A of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by an unregulated river (special additional high flow) access licence.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  Subclause (1) does not apply to an entitlement referred to in clause 84A of Schedule 4 to the Water Management (General) Regulation 2011.
Division 15 Replacement access licences for certain entitlements for the Intersecting Streams (1 November 2011)
84C   Application of Division
This Division applies to and in respect of the entitlements identified as licence numbers 85SL036285H and 85SL022275H with respect to water sources to which the Water Sharing Plan for the Intersecting Streams Unregulated and Alluvial Water Sources 2011 applies.
84D   Unregulated river (special additional high flow) access licences
(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
  
(5)  This clause does not apply to an entitlement referred to in clause 84C of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
  
4A   Unregulated river (special additional high flow) access licences
An entitlement referred to in clause 84C of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by an unregulated river (special additional high flow) access licence.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  Subclause (1) does not apply to an entitlement referred to in clause 84C of Schedule 4 to the Water Management (General) Regulation 2011.
Division 16 Replacement access licences for certain entitlements for the NSW Murray Darling Basin Fractured Rock Groundwater Sources (16 January 2012)
84E   Application of Division
This Division applies to and in respect of the entitlements identified as licence numbers 40BL187027, 40BL187028, 40BL187029, 40BL187030, 40BL187031, 40BL187032, 40BL187033, 40BL187034 and 40BL187036 with respect to water sources to which the Water Sharing Plan for the NSW Murray Darling Basin Fractured Rock Groundwater Sources 2011 applies.
84F   Salinity and water table management access licences
(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
  
(5)  This clause does not apply to an entitlement referred to in clause 84E of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
  
4A   Salinity and water table management access licences
An entitlement referred to in clause 84E of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by a salinity and water table management access licence.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  Subclause (1) does not apply to an entitlement referred to in clause 84E of Schedule 4 to the Water Management (General) Regulation 2011.
Division 17 Replacement access licence for entitlements relating to Lower Murray Shallow Groundwater Source (1 April 2012)
84G   Application of Division
This Division applies to and in respect of the following entitlements with respect to the water source to which the Water Sharing Plan for the Lower Murray Shallow Groundwater Source 2012 applies:
(a)  the entitlement of Murray Irrigation Limited to take water from unlicensed water bores (constructed as referred to in section 112 (1) (b) of the former 1912 Act) for the purposes of operating the Wakool Tullakool Sub-Surface Drainage Scheme (the WTSSDS entitlement),
(b)  the entitlement identified as licence number 50BL143811.
84H   WTSSDS entitlement for specified quantity of water
For the purposes of applying Schedule 10 to the Act in relation to the WTSSDS entitlement, that entitlement is taken to have been, immediately before the appointed day, for a specified quantity of 20,000 megalitres of water in any year.
84I   Salinity and water table management access licences
(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
  
(5)  This clause does not apply to the entitlements referred to in clause 84G of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
  
4A   Salinity and water table management access licences
An entitlement referred to in clause 84G of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by a salinity and water table management access licence.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  Subclause (1) does not apply to an entitlement referred to in clause 84G of Schedule 4 to the Water Management (General) Regulation 2011.
Division 18 Replacement access licences for certain entitlements for NSW Border Rivers Unregulated and Alluvial Water Sources (1 June 2012)
84J   Application of Division
This Division applies to and in respect of the following entitlements with respect to water sources to which the Water Sharing Plan for the NSW Border Rivers Unregulated and Alluvial Water Sources 2012 applies:
(a)  the entitlement identified as licence number 90SL037621H,
(b)  the entitlements identified as licence numbers 90BL151528, 90BL152351, 90BL153072, 90BL152661, 90BL152662 and 90BL152676.
84K   Unregulated river (special additional high flow) access licence
(1)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
  
(5)  This clause does not apply to an entitlement referred to in clause 84J of Schedule 4 to the Water Management (General) Regulation 2011.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
  
4A   Unregulated river (special additional high flow) access licence and aquifer (high security) access licences
(1)  The entitlement referred to in clause 84J (a) of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by an unregulated river (special additional high flow) access licence.
(2)  An entitlement referred to in clause 84J (b) of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by an aquifer (high security) access licence.
(3)  Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
  
(5)  Subclause (1) does not apply to an entitlement referred to in clause 84J of Schedule 4 to the Water Management (General) Regulation 2011.
Part 3 Particular provisions relating to approvals arising from former entitlements, and certain deemed approvals
Division 1 Approvals arising from certain former entitlements
85   Approvals arising from former entitlements under former 1912 Act
A section 18 entitlement or section 20B entitlement that, immediately before 1 July 2004, was in force under the former 1912 Act is taken to have been replaced:
(a)  to the extent to which it entitles any person or body to use a specified water management work, by a water management work approval held by that person or body in respect of that work (subject to such of the conditions of the entitlement, not inconsistent with any mandatory conditions referred to in clause 20 of Schedule 10 to the Act, as are applicable to an approval of that kind), and
(b)  to the extent to which it entitles any person or body to use water on any land, by a water use approval held by that person or body in respect of that land (subject to such of the conditions of the entitlement, not inconsistent with any mandatory conditions referred to in clause 20 of Schedule 10 to the Act, as are applicable to an approval of that kind).
Division 2 Approvals for certain water bores
86   Approvals for formerly unlicensed water bores in Great Artesian Basin
Any unlicensed water bore:
(a)  that was lawfully constructed before 1 July 2008, and
(b)  that, immediately before 1 July 2008, was not the subject of a licence under Part 5 of the former 1912 Act, and
(c)  that takes water from the Great Artesian Basin Groundwater Sources (identified in the Water Sharing Plan for the NSW Great Artesian Basin Groundwater Sources 2008),
is taken to be the subject of a water supply work approval granted on 1 July 2008.
Division 3 Approvals arising from former entitlements and associated provisions
87   Application of Division
This Division applies to and in respect of the following entitlements, unless otherwise expressly provided:
(a)  the entitlement under the former 1912 Act identified as Authority No 50SA006634,
(b)  each of the following entitlements under the former 1912 Act with respect to the Eagle Creek System:
50SL026144
50SL046199
50SL030154
50SA006508
50SL075269
50SA006641
50SL075674
50SL046192
50SA001283
50SL075099
50SL038668
50SL048121
50SL020732
50SA006517
50SL049279
50SL046196
50SL026155
50SL048123
50SL036266
50SL075606
50SL029701
50SL075130
50SL075681
50SL075599
50SL011890
50SL075723
50SL029733
50SL075596
50SL031227
50SL075709
50SL075556
50SL075605
50SL050268
50SL030670
50SL075075
50SL075598
50SL075682
50SL075245
50SL037750
50SL075603
50SL048134
50SL046865
50SL075135
50SL075604
50SL075279
50SL075049
50SL040224
50SL075597
50SL075280
50SL075675
50SL030468
50SL075595
50SL075278
50SA006638
50SL048536
50SL075601
50SL030317
50SL010011
50SL030488
50SL075602
50SL030318
50SL031520
50SL075625
50SA000909
50SL046193
50SL030682
50SL030547
50SA006631
50SL048124
50SL031754
50SL035376
50SL035463
50SL046195
50SL029622
50SL075134
50SL075724
50SA006640
50SL030050
50SA006509
 
(c)  each of the following entitlements under the former 1912 Act with respect to part of Bullatale Creek and part of Aluminy Creek:
50SL046388
50SL034226
50SL025392
50SL075677
50SL075257
50SL038127
50SL019921
50SL075678
50SL075258
50SL027003
50SL042729
50SL027820
50SL048507
50SL051137
50SL035975
 
50SL048142
50SL075728
50SL052032
 
50SL034208
50SL075727
50SL075337
 
(d)  the entitlement under the former 1912 Act identified as Licence No 60SL085520,
(e)  the entitlement under the former 1912 Act identified as Licence No 60SL038563.
88   Access licences and approvals arising from former entitlements
(1)  Despite any provision of Schedule 10 to the Act, nothing in that Schedule operates to replace an entitlement with an access licence.
(2)  However, an entitlement may be replaced by an approval in accordance with Schedule 10 to the Act.
89   Entitlements with no specified quantity of water to continue under former Acts
Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 9 (2) of Schedule 10 to the Act:
  
(3)  This clause does not apply to an entitlement referred to in clause 87 of Schedule 4 to the Water Management (General) Regulation 2011.
90   Water use approvals for joint schemes
(1)  This clause applies to the following entitlements:
(a)  the entitlement referred to in clause 87 (a) of this Division,
(b)  entitlements under the former 1912 Act identified as 50SA001283, 50SA006640, 50SA006641, 50SA006517, 50SA006638, 50SA006509, 50SA006508, 50SA000909 and 50SA006631.
(2)  Pursuant to clause 1 of Schedule 9 to the Act, clause 18 of Schedule 10 to the Act is to be construed, in its application to an entitlement to which this clause applies, as if clause 18 (1) were replaced by the following subclause:
  
(1)  An entitlement that, immediately before the appointed day, was in force under Division 4 of Part 2 of the 1912 Act is taken to have expired on that day and been replaced, to the extent to which it entitles a person or body to use water on the land to which it relates, by separate water use approvals for each person or body who is so entitled to use water under the entitlement immediately before the appointed day.
91   Nominated works
Pursuant to clause 1 of Schedule 9 to the Act, clause 26 of Schedule 10 to the Act is to be construed, in its application to a replacement water supply work approval arising from an entitlement referred to in clause 87 (c) of this Division, as if clause 26 (1) were replaced by the following subclauses:
  
(1)  Subject to subclause (1A), each work specified in a replacement water supply work approval is taken to have been nominated under section 71W in relation to each of the access licences numbered 7753, 7754 and 7755.
(1A)  Each work specified in a replacement water supply work approval arising from the entitlements under the former 1912 Act identified as 50SL046388, 50SL075257 and 50SL075258 is taken to have been nominated under section 71W in relation to each of the access licences numbered 21457, 7753, 7754 and 7755.
Part 4 Particulars referred to in Part 2
Division 1 Supplementary access licence share components
Subdivision 1 Murrumbidgee (clause 8)
Column 1
Column 2
Water Act entitlement
Share component volume—(megalitres)
40SA810H
1129
40SA967H
297
40SL21181H
795
40SL23730H
639.5
40SL24994H
3,402
40SL29503H
639.5
40SL34102H
6,773
40SL36994H
2,000
40SL39533H
1510
40SL29207H
194
40SL34982H
649
40SL51045H
1672
40SA896H
3000
40GL000155
1322.5
40SA000596
37
40SA000696
672
40SA000758
957.5
40SA001470
46
40SA001484
852
40SA001485
280
40SA001957
706
40SA005502
286.5
40SA005508
1269.5
40SA005513
1269
40SA005532
196.5
40SA005534
102
40SA005538
280.5
40SA005539
113.5
40SA005568
196
40SA005571
11068.3
40SA005573
401.5
40SA005574
1202
40SA005576
9417.5
40SA005578
288
40SA005579
425.5
40SA005582
137.5
40SA005584
394
40SA005585
4003
40SA005589
1061
40SA005591
782.5
40SA005592
29.5
40SA005596
223.5
40SA005597
4419
40SA005601
89
40SA005603
6085
40SA005607
25
40SA005611
294
40SA005612
772.5
40SA005613
666
40SA005614
266.5
40SL005828
9.5
40SL008741
6
40SL013884
1.5
40SL016414
4
40SL017240
273.5
40SL018212
29.5
40SL019393
222.5
40SL020950
18
40SL021194
455
40SL023371
2
40SL023975
241
40SL024640
669.5
40SL025119
15
40SL025127
1
40SL027230
98.5
40SL027599
0.5
40SL027913
172.5
40SL028291
134
40SL028614
129.5
40SL029139
112.5
40SL029644
10.5
40SL029645
1.5
40SL029651
11.5
40SL029760
2
40SL029770
390
40SL030675
552
40SL031386
74
40SL031413
46.5
40SL034503
18.5
40SL035302
41
40SL036156
17
40SL036279
131
40SL036544
219
40SL038517
218
40SL038604
147.5
40SL038658
883.5
40SL038671
25
40SL040949
6
40SL040956
110.5
40SL041130
177.5
40SL041131
144.5
40SL041211
7.5
40SL042651
171
40SL043121
117.5
40SL043282
25.5
40SL043514
48
40SL044081
7.5
40SL044367
233
40SL044408
87.5
40SL045526
75.5
40SL046557
255.5
40SL046908
21
40SL047033
175.5
40SL047233
174
40SL047725
390
40SL048171
1.5
40SL048187
144.5
40SL048758
310
40SL048762
206
40SL049209
7.5
40SL049885
467
40SL050336
14.5
40SL050856
137
40SL051000
224
40SL051001
16
40SL051228
1152
40SL051371
102
40SL051460
5.5
40SL051844
10.5
40SL052075
14.5
40SL070000
186.5
40SL070004
68
40SL070046
180.5
40SL070053
167
40SL070054
16.5
40SL070081
2886
40SL070120
737
40SL070140
354.5
40SL070160
603
40SL070169
272
40SL070175
595
40SL070183
2491.5
40SL070186
93.5
40SL070204
7.5
40SL070219
29
40SL070882
10
40SL070273
1076
40SL070286
2.5
40SL070299
140
40SL070301
5
40SL070302
28
40SL070462
39.5
40SL070471
167.5
40SL070490
3
40SL070496
379
40SL070503
159.5
40SL070513
100
40SL070531
114
40SL070559
8.5
40SL070560
15.5
40SL070562
3
40SL070575
157
40SL070578
20.5
40SL070601
363.5
40SL070649
1049
40SL070670
2350
40SL070721
6143
40SL070728
108.5
40SL070730
7
40SL070733
116
40SL070748
106.5
40SL070749
41
40SL070780
257.5
40SL070784
847.5
40SL070796
37.5
40SL070797
0.5
40SL070810
2017
40SL070820
32
40SL070848
129
40SL070850
8
40SL070856
27
40SL070881
410
40SL070884
3
40SL070922
756
57SA001252
597.5
57SA001607
46.5
57SA007505
3220
57SA007508
96
57SA007509
17.5
57SA007511
1867
57SL039492
623
57SL040554
114
57SL040570
670
57SL040740
423.5
57SL041608
427
57SL041789
571
57SL042307
55.5
57SL042308
257
57SL042504
154
57SL044052
683.5
57SL045023
248.5
57SL046494
304.5
57SL047016
739
57SL047393
570.5
57SL047534
352.5
57SL048139
653.5
57SL049227
43
57SL049284
130
57SL049297
345
57SL049339
696.5
57SL050777
175.5
57SL051127
349
57SL051247
937.5
57SL080000
134
57SL080002
130
57SL080003
411
57SL080007
266
57SL080008
31
57SL080009
266.5
57SL080011
435.5
57SL080014
49
57SL080016
287.5
57SL080018
252
57SL080020
552.5
57SL080021
512
57SL080025
26
57SL080029
360.5
57SL080033
720
57SL080034
1450
40IC000004
25,995.5
40IC000005
37,414
Subdivision 2 Murray (clause 7)
Column 1
Column 2
Water Act entitlement
Share component volume—(megalitres)
50GL0000218
5060
50GL000217
521
50IC0000002
221704
50IT0000006
705
50IT0000007
722
50SA000475
33
50SA001328
223
50SA001407
313
50SA001462
66
50SA001516
6
50SA001616
71
50SA001881
976
50SA001882
383
50SA006534
108
50SA006545
142
50SA006556
72
50SA006625
30
50SA006580
154
50SA006582
439
50SA006587
205
50SA006599
20
50SA006606
216
50SL001956
17
50SL002807
418
50SL005692
336
50SL009493
299
50SL009721
88
50SL010115
53
50SL011344
35
50SL011650
47
50SL013889
40
50SL014403
45
50SL014977
27
50SL015231
4
50SL015243
195
50SL015571
8
50SL015946
3
50SL016321
1
50SL017280
165
50SL017870
56
50SL018749
165
50SL018883
155
50SL018934
4
50SL019363
65
50SL019964
37
50SL020150
101
50SL020490
23
50SL020553
81
50SL021217
64
50SL021578
23
50SL021625
14
50SL021787
37
50SL022068
77
50SL022992
2
50SL023124
18
50SL023685
36
50SL025418
113
50SL025600
40
50SL027029
8
50SL027147
82
50SL027292
3
50SL027372
111
50SL028828
32
50SL029108
10
50SL029205
27
50SL029515
7
50SL029626
29
50SL029804
39
50SL031197
44
50SL031274
90
50SL031770
29
50SL031783
269
50SL033071
279
50SL033164
124
50SL033368
179
50SL033369
374
50SL033836
98
50SL033967
25
50SL033968
38
50SL034118
37
50SL034254
51
50SL034519
2
50SL034631
170
50SL035071
147
50SL035904
35
50SL035961
48
50SL036309
180
50SL036757
14
50SL037050
2
50SL037491
28
50SL037503
258
50SL037540
156
50SL037902
183
50SL038046
8
50SL038048
24
50SL038230
12
50SL038516
3
50SL038520
3
50SL039358
201
50SL040128
68
50SL040804
33
50SL040918
80
50SL041183
14
50SL041185
249
50SL041292
25
50SL042972
156
50SL043090
5
50SL043997
4
50SL044004
276
50SL044005
399
50SL044275
42
50SL046385
27
50SL047353
15
50SL047354
92
50SL047390
111
50SL047543
93
50SL048149
172
50SL049246
368
50SL049259
10
50SL049270
38
50SL049422
107
50SL049834
140
50SL050449
112
50SL051028
49
50SL051029
43
50SL051048
105
50SL051158
250
50SL051220
104
50SL051625
27
50SL075094
71
50SL075112
65
50SL075137
20
50SL075151
166
50SL075201
287
50SL075226
66
50SL075429
61
50SL075226
66
50SL075248
171
50SL075265
438
50SL075275
352
50SL075292
15
50SL075321
1276
50SL075323
4
50SL075326
10
50SL075331
184
50SL075332
59
50SL075367
134
50SL075368
12
50SL075392
2
50SL075403
335
50SL075410
60
50SL075431
497
50SL075440
326
50SL075456
107
50SL075457
7
50SL075472
330
50SL075487
31
50SL075488
86
50SL075515
14
50SL075582
10
50SL075544
456
50SL075550
59
60IT000009
255
60SA008559
31
60SL034780
125
60SL043793
1
60SL045033
7
60SL085440
166
60SL048224
1239
60SL049934
83
60SL085024
161
60SL085118
92
60SL085129
56
60SL085247
99
60SL085276
186
60SL085302
11
60SL085425
50
50SL34922
54
50SL25758
15
50SL16515
75
50SL49742
49
50SL49743
49
50SL49803
21
50SL49249
59
50SL44218
149
50SL49988
25
50SL44392
149
50SL49800
75
50SL40717
149
50SL42147
156
50SL39082
50
50SL48504
161
50SL22045
174
50SL75000
31
50SL48526
149
50SL50973
149
50SL50974
149
50SL44243
61
50SL42471
149
50SL49239
74
50SL49252
40
50SL50153
149
50IC000002
221,704
Division 2 Unrecorded 1 July 2004 entitlements (clause 10)
Licence No
Licence No
Licence No
Licence No
Licence No
10SL033072
20SL060147
30SL066374
50SA00625
80SA010623
10SL035223
20SL060513
30SL066452
50SA006542
80SA010628
20PT910084
20SL060581
30SL066727
50SL011087
80SL018204
20PT910123
20SL060609
30SL066945
50SL017870
80SL034094
20PT910294
20SL060862
40SA000896H
50SL022424
80SL042121
20PT910306
20SL060966
40SA001957
50SL036309
80SL051821
20PT910612
20SL061020
40SA005535
50SL044005
80SL051933
20PT910721
20SL061054
40SA005573
50SL048132
80SL051957
20PT910968
20SL061146
40SA005584
50SL075116
80SL095017
20PT911027
20SL061230
40SA005606
50SL075582
80SL095035
20PT911029
20SL061258
40SA005611
50SL075621
80SL095265
20PT911034
20SL061316
40SA005618
57SL040493
90SA000941
20PT911043
20SL061374
40SL025182H
57SL080016
90SA001402
20PT911081
20SL061425
40SL027337
60SA000231
90SA002166H
20PT911093
20SL061426
40SL029672
60SA008558
90SA011551
20PT911232
30PT921450
40SL029715
60SL033440
90SA011607
20PT911413
30PT921498
40SL029934
60SL048204
90SA011691
20SA001341
30PT921530
40SL038621
60SL085247
90SA011728
20SL008819
30PT921549
40SL039350
60SL085389
90SA011731H
20SL016631
30SA004518
40SL041734
60SL085425
90SA011735
20SL024780
30SL029974
40SL042441
60SL085440
90SL014317
20SL026834
30SL065349
40SL047735
70SA009598
90SL022298
20SL029791
30SL065399
40SL048186
70SL023078
90SL023520
20SL032124
30SL065433
40SL070133
70SL034363
90SL026132
20SL033466
30SL065527
40SL070608
70SL034701
90SL030623
20SL034204
30SL065696
40SL070739
70SL040102
90SL034239
20SL036681
30SL065801
40SL070764
70SL049476
90SL034936
20SL037512
30SL065804
40SL070882
70SL091057
90SL037329
20SL038338
30SL065806
40SL070917
80SA000790H
90SL037401
20SL040349
30SL065811
40SL070958
80SA000962
90SL040871
20SL041469
30SL065875
40SL070959
80SA000982
90SL041724
20SL043894
30SL065897
50SA000207
80SA002149
90SL042200
20SL043950
30SL065978
50SA001406
80SA010538
90SL048581
20SL045304
30SL066083
50SA001874
80SA010581
90SL051364
20SL050288
30SL066260
50SA001881
80SA010605
90SL100420
20SL050687
    
Division 3 Replacement access licences for certain Part 5 entitlements (1 October 2006) (clause 11)
Column 1
Column 2
Column 3
Part 5 entitlement
Aquifer access licence
Supplementary access licence
Lower Gwydir Groundwater Source
90BL011171, 90BL150508, 90BL250343, 90BL253488
766
426
90BL119703, 90BL134721, 90BL134722, 90BL134723, 90BL136758, 90BL139305, 90BL248434, 90BL252051, 90BL252332
1250
868
90BL152823, 90BL152824, 90BL246126
546
306
90BL016165, 90BL249889
341
159
90BL133356, 90BL133359, 90BL143673, 90BL143674, 90BL150929, 90BL150930, 90BL252742
1056
732
90BL141404, 90BL249540, 90BL253195
487
305
90BL136369, 90BL136370, 90BL150147, 90BL150148, 90BL252853, 90BL253287
944
625
90BL130323
106
31
90BL150523, 90BL250034
289
4
90BL017250, 90BL118871, 90BL118872, 90BL118873
313
142
90BL127685, 90BL251449, 90BL251625, 90BL251765
1152
772
90BL011327, 90BL018746, 90BL116910, 90BL116911, 90BL138118, 90BL139617, 90BL139618, 90BL139619, 90BL151688, 90BL154435, 90BL249032, 90BL249033, 90BL249034
1175
782
90BL142685, 90BL247497, 90BL251065
639
366
90BL140975, 90BL246193, 90BL246194, 90BL249953
280
167
90BL136199, 90BL137066
144
39
90BL128022
76
 
90BL021375, 90BL021376, 90BL021377, 90BL021461, 90BL021462, 90BL023099, 90BL023100, 90BL031284
756
225
90BL010749, 90BL133355, 90BL150506, 90BL150512, 90BL150513, 90BL251817
201
92
90BL022741, 90BL134986, 90BL139833, 90BL249123
470
299
90BL153384, 90BL249633, 90BL249866
461
272
90BL018099, 90BL022154, 90BL110341, 90BL110342, 90BL119361, 90BL119362, 90BL119363, 90BL132980
932
600
90BL138114, 90BL154762
329
188
90BL253041
53
 
90BL021579, 90BL153751
84
 
90BL140266, 90BL248430, 90BL248782, 90BL250663
473
307
90BL015719, 90BL137330, 90BL246553
416
240
90BL151156, 90BL151580, 90BL246763
61
 
90BL136630, 90BL249543, 90BL249544
246
135
90BL012584, 90BL125386, 90BL137067, 90BL137068, 90BL137069, 90BL137070, 90BL152348, 90BL152441
1619
1141
90BL011261, 90BL016219, 90BL016220, 90BL017201, 90BL018745, 90BL023295, 90BL119575, 90BL119577, 90BL120223, 90BL120224, 90BL131856, 90BL136044, 90BL143029, 90BL143030, 90BL152179, 90BL152180, 90BL152575, 90BL252291
2207
1535
90BL145546, 90BL153305
509
327
90BL253014
470
292
90BL117836, 90BL119369, 90BL136672, 90BL248487, 90BL251066, 90BL251068
330
148
90BL126977, 90BL126978, 90BL248854
515
332
90BL152387
29
 
90BL130296
67
 
90BL150296
51
 
90BL023305, 90BL030183, 90BL133983
82
 
90BL023424, 90BL030547
62
 
90BL124184
51
 
90BL030190
19
 
90BL030236
163
83
90BL116784
51
 
90BL117059, 90BL248607
51
 
90BL122422
40
 
90BL134797
21
 
90BL152309
31
 
90BL138311
19
 
90BL252478
52
 
90BL133127
16
 
90BL253535
53
 
90BL128767
52
 
90BL019997, 90BL144654
17
 
90BL251981
45
 
90BL120493, 90BL249364
69
10
90BL132643
48
 
90BL123547
178
 
90BL132983
64
 
90BL012742, 90BL138117
162
 
90BL134197
47
 
90BL246805
51
 
90BL031508
15
 
90BL114651
27
 
90BL114931
51
 
90BL117361
19
 
90BL122429
76
 
90BL123551
52
 
90BL253292
51
 
90BL126671
19
 
90BL127388
50
 
90BL132736
33
 
90BL253472
424
246
90BL136365
79
21
90BL136366
53
 
90BL144146
53
 
90BL144695
11
 
90BL145088, 90BL145089, 90BL145090, 90BL145091
55
 
90BL150375
53
 
90BL150565
53
 
90BL151684
2
 
90BL151863
38
 
90BL151934
793
483
90BL152275, 90BL152276
53
 
90BL152350
53
 
90BL250258
79
21
90BL152562
18
 
90BL250365
134
 
90BL154867
48
 
90BL246661
19
 
90BL247523
19
 
90BL141178, 90BL250361
19
 
90BL110941
19
 
90BL118268
26
 
90BL246005
19
 
90BL246032
19
 
90BL246066
19
 
90BL246077
19
 
90BL246178
51
 
90BL246623
19
 
90BL246700
19
 
90BL140689
109
 
90BL246843
40
 
90BL141447
19
 
90BL252829
19
 
90BL247693
19
 
90BL018185
60
 
90BL022701
67
 
90BL246156
8
 
90BL017406, 90BL031080, 90BL031082, 90BL031083, 90BL031085, 90BL031089, 90BL031092, 90BL031093, 90BL031096, 90BL031097, 90BL031098, 90BL031099, 90BL031104, 90BL031106, 90BL031107, 90BL031109, 90BL031110, 90BL031112, 90BL132841, 90BL132843, 90BL132846, 90BL247831, 90BL247832, 90BL247833, 90BL247834, 90BL247835, 90BL247836, 90BL247837, 90BL247838, 90BL247839, 90BL247840, 90BL247841, 90BL247842, 90BL247843, 90BL247844, 90BL247845, 90BL247846, 90BL247847, 90BL247848, 90BL247849, 90BL247850, 90BL247941, 90BL247942, 90BL247943, 90BL247944, 90BL247945, 90BL247946, 90BL247949, 90BL247950, 90BL247951, 90BL247952, 90BL247953
197
 
90BL008448
3
 
90BL010897
54
 
90BL011732
53
 
90BL002596, 90BL012041
30
 
90BL011178, 90BL015213
54
 
90BL015563
51
 
90BL016126
58
 
90BL016151
54
 
90BL013616, 90BL016437
78
 
90BL017032
57
 
90BL017460
79
 
90BL017828
10
 
90BL018923, 90BL018994
62
 
90BL019374
53
 
90BL019793, 90BL021928
66
 
90BL118200
62
 
90BL118686
97
 
90BL124809, 90BL247703
15
 
90BL136669, 90BL136670, 90BL248034
98
32
90BL132173
22
 
90BL136762, 90BL155340, 90BL248045, 90BL248485, 90BL249906, 90BL252932
1246
799
90BL248123
19
 
90BL248124
12
 
90BL246643
6
 
90BL246387
19
 
90BL012110
21
 
90BL020872, 90BL248125
181
80
90BL021368
50
 
90BL016804, 90BL021748
157
 
90BL248429
6
 
90BL011218
51
 
90BL252646
19
 
90BL248547
19
 
90BL250617
19
 
90BL153464
19
 
90BL248671
19
 
90BL248910
12
 
90BL152457
32
 
90BL248734
19
 
90BL248909
19
 
90BL249250
19
 
90BL249124
19
 
90BL018395
69
 
90BL153698
4
 
90BL153750
8
 
90BL008075, 90BL009831, 90BL015040, 90BL018298
50
 
90BL017750, 90BL138098
318
195
90BL250251
193
103
90BL250289
53
 
90BL009410, 90BL251556
259
 
90BL015039
55
 
90BL012899
79
 
90BL247500
167
 
90BL010906
53
 
90BL010310
5
 
90BL010983
12
 
90BL017366
1
 
Lower Macquarie Groundwater Sources
80BL241001
694
 
80BL112845
5
 
80BL243164
234
 
80BL123514
204
 
80BL130131
199
6
80BL133869
52
 
80BL152474
20
 
80BL153372
2
 
80BL237935
1154
 
80BL118157, 80BL236966
1281
 
80BL124341, 80BL237079
1644
69
80BL126281
950
 
80BL236608
2382
319
80BL150857
56
 
80BL154393, 80BL236537, 80BL236856, 80BL242194
3196
507
80BL118944, 80BL237086
1229
 
80BL136835
95
 
80BL241217
471
 
80BL022539
236
 
80BL126280
70
 
80BL012837
59
 
80BL128713
7
 
80BL236808, 80BL239468, 80BL241584
1710
 
80BL236839
1168
 
80BL236614
181
 
80BL238828, 80BL241752
719
 
80BL236237
1493
244
80BL110454
25
 
80BL124000
144
23
80BL238097
1781
 
80BL001839, 80BL236809
1424
 
80BL236854
1867
 
80BL236873, 80BL242967
1459
 
80BL236581
1338
 
80BL236612
1257
 
80BL236748
3508
 
80BL237035
439
 
80BL236865
2635
 
80BL236973
897
 
80BL237354, 80BL239885
2015
 
80BL237398
894
 
80BL237399
867
 
80BL237402
732
 
80BL237388
781
 
80BL237855
370
 
80BL011910
183
 
80BL241215
161
 
80BL130988
68
13
80BL143018, 80BL143019
838
 
80BL145561
157
 
80BL155086, 80BL236187, 80BL236670, 80BL236904, 80BL237403
869
 
80BL236669
64
18
80BL130514
35
 
80BL006227, 80BL009151, 80BL236118
214
 
80BL106306, 80BL106309, 80BL236364
785
67
80BL237000, 80BL237001
1017
 
80BL241665
19
 
80BL236648, 80BL237020, 80BL237050, 80BL237051, 80BL238099, 80BL238100
1473
 
80BL236205, 80BL236421, 80BL236424, 80BL236618, 80BL236619
238
203
80BL236965
114
 
80BL236425
70
63
80BL236728
361
 
80BL239371
3
 
80BL236448
63
 
80BL236878, 80BL236879
1
 
80BL237534
532
 
80BL237537
204
 
80BL236813
901
 
80BL238962
81
32
80BL238347
1
 
80BL007260, 80BL007268
153
 
80BL007755
2
 
80BL236389, 80BL237763
1540
553
80BL237012
1146
279
80BL236701
1078
 
80BL236899
803
 
80BL236408
533
 
80BL238369
1
 
Lower Murrumbidgee Groundwater Sources
40BL019175
743
 
40BL021814, 40BL021815, 40BL021816, 40BL135531
1681
270
40BL186334
1702
283
40BL022993, 40BL125453, 40BL135320
3028
554
40BL118869, 40BL130711, 40BL131200, 40BL131201, 40BL132712, 40BL186511, 40BL188282, 40BL188759, 40BL189195, 40BL189739
9399
1554
40BL105350
100
 
40BL186703
1616
266
40BL108511, 40BL143642
1667
297
40BL108520, 40BL133075, 40BL138682
485
51
40BL109235, 40BL187467
1730
332
40BL145210, 40BL152623, 40BL187369
3131
601
40BL190820
1108
162
40BL106250
474
 
40BL186295, 40BL190019
2405
 
40BL111322
100
 
40BL114593
1857
 
40BL114799
559
34
40BL114819
100
 
40BL117360
774
48
40BL188720
2514
483
40BL189097
162
 
40BL117984
289
 
40BL119019
92
 
40BL119791
232
33
40BL121176
25
 
40BL133531, 40BL189977
2949
567
40BL122644, 40BL188616
1605
229
40BL123468
148
12
40BL122337, 40BL124054, 40BL186466, 40BL186608, 40BL186915
4806
777
40BL022358, 40BL190200
100
 
40BL124326, 40BL131357, 40BL137894, 40BL186274, 40BL186476, 40BL190506
6625
1273
40BL125107
176
 
40BL126256
25
 
40BL189070
100
 
40BL126507, 40BL186298, 40BL186382
2221
427
40BL126722
100
 
40BL130397
423
67
40BL130702, 40BL186908
1147
214
40BL130725
41
 
40BL130772
724
94
40BL188655
566
 
40BL131730
1416
204
40BL131866
263
16
40BL132958
900
129
40BL132975
352
57
40BL133530, 40BL142079
258
17
40BL133778
756
106
40BL133935, 40BL141189
5100
923
40BL188340
1673
271
40BL187335, 40BL190911
192
2
40BL190210
1505
289
40BL134886
1
 
40BL135108, 40BL187225, 40BL188370
3272
517
40BL135676
241
15
40BL186882, 40BL190151
1702
317
40BL119217, 40BL137731
1105
167
40BL138140, 40BL140863, 40BL186212, 40BL186587
6743
1249
40BL139415, 40BL190704
1573
302
40BL140744
2475
455
40BL188417
895
152
40BL141879, 40BL187901
1294
44
40BL190268
2516
474
40BL145650
892
147
40BL154085
32
 
40BL154434
233
24
40BL154638
1086
209
40BL155073
1467
270
40BL186019, 40BL186020, 40BL186190, 40BL186191, 40BL186192, 40BL186193, 40BL186324, 40BL186325, 40BL186560, 40BL186562
24682
4485
40BL186029
1361
207
40BL186032
818
136
40BL186037
655
120
40BL186083
870
143
40BL186142, 40BL186159
100
 
40BL186218
424
70
40BL186219
1303
250
40BL186226
695
116
40BL119208, 40BL186128, 40BL186229, 40BL187100, 40BL187101, 40BL188059, 40BL188060, 40BL188118, 40BL190747
9636
1427
40BL186232
577
19
40BL186236
488
60
40BL186073, 40BL186074, 40BL186075, 40BL186238, 40BL189063
11222
1918
40BL151287, 40BL186720
1961
377
40BL152608
339
 
40BL186022
882
169
40BL186050
459
80
40BL130929
465
89
40BL186285
279
 
40BL186286
680
89
40BL186268, 40BL186688
2472
421
40BL186277
1347
147
40BL186322
1910
349
40BL186323
1219
230
40BL188392
237
 
40BL186597, 40BL186599, 40BL188233, 40BL188234
6269
859
40BL186330
300
49
40BL186345
2039
320
40BL186440
1601
299
40BL186375
1642
286
40BL186490
15
 
40BL189749
2064
394
40BL186503, 40BL186504, 40BL186505, 40BL186506, 40BL186507
6029
1029
40BL186464
993
144
40BL186432
3037
579
40BL186501, 40BL186510
2617
484
40BL188055, 40BL188056, 40BL188117
3563
535
40BL120604, 40BL189300
1605
298
40BL186486, 40BL186487, 40BL187595, 40BL187596, 40BL187668, 40BL188656
7182
997
40BL186460
1039
198
40BL186554
636
112
40BL186539
302
50
40BL186535
635
112
40BL187254
681
124
40BL186545
407
76
40BL186611
529
85
40BL186610
648
115
40BL186543
395
72
40BL186536
150
12
40BL186537
938
170
40BL186620
1655
304
40BL186580, 40BL188023
3543
599
40BL186639
586
76
40BL186496, 40BL187899, 40BL187900
746
47
40BL186656
100
 
40BL186547
186
 
40BL186604
925
 
40BL186548
630
87
40BL186930
280
44
40BL186860
279
 
40BL186859
532
62
40BL186518
102
1
40BL189801
508
57
40BL186469
463
88
40BL186637
362
45
40BL186878
295
27
40BL187224
32
 
40BL187482
39
 
40BL189576
1028
 
40BL187581
375
68
40BL186261
18
 
40BL186255
19
 
40BL187705
657
99
40BL186230
744
103
40BL186527
4323
696
40BL186524
743
 
40BL188334
979
173
40BL187261
384
49
40BL188347
19
 
40BL188739
19
 
40BL186467
1405
270
40BL130445, 40BL155088, 40BL186239, 40BL188523
4004
760
40BL190261
100
 
40BL188361
111
 
50BL150121
1301
179
50BL196121, 50BL197187
2093
193
50BL196102, 50BL196791
3120
 
50BL196349
1333
217
50BL196431
574
48
50BL196448
1336
237
50BL196617
371
 
50BL197344, 50BL197747
423
 
50BL198114, 50BL198115, 50BL198117, 50BL198118, 50BL198119
10082
1800
50BL198150
1722
190
50BL198153, 50BL198156, 50BL198157
1925
250
50BL198183
635
88
50BL198188
1508
228
50BL198190
1091
209
50BL198191
738
105
50BL132855
743
 
50BL122832, 50BL198243
1319
149
50BL138079
666
 
50BL140942, 50BL198260
1857
 
50BL133856, 50BL198146
1197
154
50BL141965
1464
209
50BL199344
30
 
Division 4 Replacement access licences for Part 5 entitlements for the Lower Murray (1 November 2006) (clause 16)
Column 1
Column 2
Column 3
Part 5 entitlement
Aquifer access licence
Supplementary access licence
Lower Murray Groundwater Source
50BL198095
202
211
50BL150528, 50BL197258
524
472
50BL153307
11
 
50BL198145
15
 
50BL196261
20
 
50BL196002
553
310
50BL196097
537
398
50BL154858
429
302
50BL196078
717
174
50BL196131
30
9
50BL131283
178
197
50BL196024
392
353
50BL196075
810
543
50BL022353, 50BL132971
805
502
50BL150085
412
179
50BL198501
71
49
50BL117650
44
46
50BL130736
65
60
50BL143318
380
143
50BL196073
565
309
50BL196189
485
345
50BL196211
502
113
50BL138875
648
356
50BL198142
12
 
50BL196070
591
227
50BL196015
1344
492
50BL131361
244
139
50BL108638, 50BL130547, 50BL198855
20
8
50BL130758
219
47
50BL196039
185
205
50BL142325
496
355
50BL122794, 50BL123446
404
231
50BL123472
59
66
50BL196143
219
108
50BL196185
402
166
50BL196255
265
70
50BL196054
584
380
50BL121799, 50BL123277, 50BL123278
1122
239
50BL115527
145
161
50BL196196
533
235
50BL196000
1065
781
50BL139387, 50BL150212
1628
567
50BL196190
494
165
50BL196108
280
68
50BL196184
575
249
50BL102662
361
325
50BL196176
77
83
50BL138088
103
28
50BL151265
714
294
50BL130806
518
221
50BL134537
328
141
50BL131197
202
187
50BL196005
813
374
50BL123553
226
150
50BL196087
79
40
50BL198754
19
 
50BL150640
779
498
50BL196061
217
85
50BL196217
376
269
50BL196050
496
231
50BL196226
618
207
50BL140898
371
205
50BL124080
356
293
50BL127476
34
37
50BL196020
628
265
50BL150304, 50BL199267
630
380
50BL100391
102
25
50BL130723
1170
358
50BL196212, 50BL197449
706
465
50BL196194
365
310
50BL196058
156
89
50BL136097, 50BL196960
320
209
50BL124954
70
55
50BL141525
346
336
50BL130785
1123
518
50BL155180
865
628
50BL196220
687
281
50BL196151
872
438
50BL152586
397
96
50BL143639
253
208
50BL196066
392
76
50BL143638
319
79
50BL196105
335
211
50BL126358
20
12
50BL196055
1493
778
50BL196106
529
301
50BL196199
1105
829
50BL155477
253
212
50BL196227
236
223
50BL155371
669
409
50BL196146
513
247
50BL196259
20
 
50BL122618
180
57
50BL196006
784
555
50BL196062
635
524
50BL196203
879
761
50BL030154
20
1
50BL133558
149
67
50BL196180
269
132
50BL196081
23
25
50BL196249
979
231
50BL196145
312
157
50BL196210
730
406
50BL133857
20
4
50BL141791
19
 
50BL131017
20
 
50BL136868, 50BL197037
4
 
50BL196273
916
363
50BL196283
229
190
50BL196291
25
28
50BL196302
345
292
50BL196274
1302
522
50BL196297
842
630
50BL196308
10
 
50BL196310
15
 
50BL196318
20
 
50BL196335
352
62
50BL196321
418
117
50BL196332
484
233
50BL196382
1434
400
50BL196379
568
202
50BL196353
15
 
50BL196340
750
399
50BL196412
801
679
50BL196430
10
 
50BL196463
458
132
50BL196447
764
630
50BL196445
523
391
50BL196419
71
37
50BL196434
620
316
50BL196442
1029
910
50BL196464
828
580
50BL196453
345
234
50BL196501
526
474
50BL196480
342
172
50BL196466
227
67
50BL196571
455
246
50BL196395
52
57
50BL196478
834
484
50BL196596
197
116
50BL196500
618
233
50BL196521, 50BL196522
513
453
50BL196625
196
135
50BL196545
391
172
50BL196525
545
389
50BL196507
500
430
50BL196656
208
230
50BL196659
252
279
50BL131210
138
77
50BL196572, 50BL196573
1762
1333
50BL196763
446
402
50BL196705
276
305
50BL196724
74
82
50BL196524
564
379
50BL196471
428
135
50BL196727
74
82
50BL196726
104
115
50BL196725
134
147
50BL196847
461
257
50BL196824
315
175
50BL196707
118
70
50BL196558
252
248
50BL196765
609
218
50BL196551
311
81
50BL196755
524
432
50BL196854
16
 
50BL196708
299
326
50BL196856
144
106
50BL196954
237
263
50BL196857
648
283
50BL196870
258
188
50BL196879
513
453
50BL196905
1038
926
50BL196873
355
112
50BL196869
620
315
50BL196599
315
185
50BL196964
467
415
50BL196866
199
150
50BL196452
1236
1036
50BL197051
15
 
50BL196935
30
33
50BL196042
901
716
50BL196992
149
109
50BL197023
315
206
50BL197231
18
 
50BL197216
430
264
50BL197116
3
 
50BL196624
20
 
50BL197740
5
 
50BL197139, 50BL199272
156
60
50BL198060
8
 
50BL196306
106
94
50BL196014
378
197
50BL198087
1
 
50BL197343
6
 
50BL198130
19
 
50BL198203
10
 
50BL198204
10
 
50BL198206
10
 
50BL198210
19
 
50BL198620
24
26
50BL198607
10
 
50BL198567
212
101
50BL198582
1064
535
50BL198707
6
 
50BL198752
261
169
50BL198820
4
 
50BL198821
19
 
50BL198822
19
 
50BL198926
2
 
50BL198680
577
111
50BL199133
20
 
50BL124345
652
289
50BL199218
5
 
50BL199246
16
 
50BL199281
134
86
50BL199318
199
95
50BL199266
20
 
50BL199306
26
28
50BL199383
30
33
50BL196120
122
45
50BL199524
10
 
50BL199538
10
 
50BL199339
37
41
50BL199661
3
 
Division 5 Replacement access licences for Part 5 entitlements for the Upper and Lower Namoi (1 November 2006) (clause 21)
Column 1
Column 2
Column 3
Part 5 entitlement
Aquifer access licence
Supplementary access licence
Upper and Lower Namoi Groundwater Sources
90BL102394, 90BL121003, 90BL128768, 90BL143626, 90BL248540
475
200
90BL017212
66
 
90BL022433
94
29
90BL104826, 90BL121125, 90BL140871
84
 
90BL251053, 90BL016125, 90BL247440, 90BL247938
182
68
90BL246469, 90BL021161, 90BL021386, 90BL021387, 90BL022687, 90BL105523, 90BL105942, 90BL112821, 90BL131035, 90BL246372, 90BL246471, 90BL133949, 90BL133950, 90BL141719, 90BL141720, 90BL112820, 90BL153764
4871
751
90BL029122, 90BL124129, 90BL133005, 90BL152835, 90BL141484
481
219
90BL249506, 90BL110926, 90BL130100, 90BL130101, 90BL131377, 90BL134095, 90BL248059
1248
305
90BL119321, 90BL252976, 90BL130448
393
150
90BL119728
27
 
90BL250742, 90BL107946, 90BL108710, 90BL108711, 90BL115167, 90BL115377, 90BL115378, 90BL115379, 90BL115380, 90BL251165, 90BL152720, 90BL152721, 90BL108709, 90BL108714, 90BL108713
1786
352
90BL115132, 90BL154255
156
93
90BL115260
240
152
90BL249067, 90BL111364
189
103
90BL135959
282
136
90BL247379, 90BL111070, 90BL111071, 90BL118016
352
150
90BL030085
130
7
90BL124321, 90BL124322, 90BL124325, 90BL128451, 90BL133279, 90BL154412
1123
368
90BL249551, 90BL104241, 90BL111083, 90BL247668
358
117
90BL013042, 90BL112662, 90BL141674, 90BL248795
368
232
90BL022046, 90BL110402, 90BL110401
603
182
90BL110399, 90BL110405
527
173
90BL030519, 90BL138180, 90BL152375, 90BL152376
910
277
90BL108357, 90BL122327, 90BL120600, 90BL110312
871
324
90BL246550, 90BL018589, 90BL112938, 90BL247467
695
135
90BL252178, 90BL106985, 90BL106986, 90BL246172, 90BL119323, 90BL246775, 90BL020765, 90BL247061, 90BL152420, 90BL107313, 90BL018059, 90BL247589, 90BL248892
2937
971
90BL008087, 90BL127653
205
 
90BL012058, 90BL108047, 90BL141736, 90BL105316, 90BL105317, 90BL111499
1003
145
90BL109274, 90BL154773
548
152
90BL023329, 90BL023330, 90BL112881, 90BL115502, 90BL126265, 90BL152640, 90BL023328
1171
319
90BL249732, 90BL108496, 90BL120440
513
187
90BL108678, 90BL110343, 90BL110745, 90BL124130, 90BL138715, 90BL155287
1033
241
90BL247428, 90BL247427, 90BL135867, 90BL135868, 90BL143882
547
153
90BL019539, 90BL019540, 90BL030356, 90BL030358
941
171
90BL249847, 90BL030490, 90BL103885, 90BL112796, 90BL112797, 90BL115008
737
76
90BL249470, 90BL114533, 90BL114534
311
29
90BL115295, 90BL123438, 90BL246582, 90BL017944
141
 
90BL030464, 90BL128635
472
31
90BL018119, 90BL018120
86
 
90BL021169, 90BL021168, 90BL015938, 90BL019121, 90BL152250
969
170
90BL132418, 90BL114614, 90BL114616, 90BL133318, 90BL114615, 90BL131855, 90BL132419
1043
221
90BL155228
53
29
90BL137267
428
183
90BL019253, 90BL133067, 90BL151581, 90BL151280
474
197
90BL251572, 90BL013118, 90BL126271, 90BL132191, 90BL137754, 90BL141779
559
141
90BL018794, 90BL022540, 90BL023711, 90BL030534, 90BL031290, 90BL110348, 90BL023712, 90BL030373, 90BL030311, 90BL023710
1601
506
90BL017153, 90BL151064
352
151
90BL106811, 90BL109392, 90BL112132, 90BL124109, 90BL138108
638
194
90BL030155, 90BL030157, 90BL150361, 90BL109103, 90BL150362
717
194
90BL247374, 90BL100753
316
 
90BL016166, 90BL105505, 90BL105506, 90BL115792, 90BL112660, 90BL008376
1542
215
90BL110336, 90BL110338, 90BL107311, 90BL110337
960
295
90BL018630, 90BL018631, 90BL126269, 90BL126270
372
214
90BL133109, 90BL023795, 90BL103176, 90BL106394
796
165
90BL248023, 90BL111377
439
41
90BL117408
586
 
90BL115686, 90BL152354
205
142
90BL022721, 90BL022722, 90BL124301, 90BL136098, 90BL124302, 90BL132938, 90BL022720
1045
249
90BL123495
5
17
90BL030635, 90BL246674, 90BL144220, 90BL014401
6
2
90BL137570
1
 
90BL152486
141
164
90BL144181, 90BL144182, 90BL248557
200
193
90BL246124, 90BL145229
185
206
90BL006733
36
 
90BL013770
35
 
90BL005538, 90BL020729, 90BL131234, 90BL131235
107
 
90BL136048
238
123
90BL252131, 90BL136081, 90BL136082, 90BL135706
497
203
90BL131686
19
 
90BL102412, 90BL102413, 90BL118001, 90BL126231, 90BL130838, 90BL015716, 90BL102414, 90BL126232, 90BL249706, 90BL015850, 90BL021780, 90BL021782, 90BL144134, 90BL152437, 90BL130638, 90BL126230, 90BL144135, 90BL247873, 90BL249705
2076
2086
90BL152050
124
19
90BL252052, 90BL022099, 90BL023076, 90BL112827
389
334
90BL133743, 90BL138039, 90BL140136, 90BL119607
359
80
90BL131256
33
 
90BL030881, 90BL131171, 90BL247968
121
67
90BL124515, 90BL030962, 90BL155251
161
89
90BL110216, 90BL110217, 90BL110218, 90BL130971, 90BL248368
373
348
90BL102583, 90BL151108, 90BL112298
410
172
90BL106405, 90BL106403, 90BL106404, 90BL106406, 90BL154601, 90BL248178
612
491
90BL249794, 90BL100485, 90BL104511, 90BL123233, 90BL249792, 90BL155398, 90BL247967
464
228
90BL140554, 90BL152992
204
138
90BL021788, 90BL110107, 90BL111059, 90BL130289, 90BL247209, 90BL248118
242
243
90BL018255, 90BL153423
257
146
90BL246454, 90BL022888, 90BL154353, 90BL126709
246
236
90BL108018, 90BL109898, 90BL152833
313
335
90BL248141, 90BL021911, 90BL104259, 90BL119624, 90BL247347, 90BL248346
177
 
90BL154845, 90BL018465, 90BL018466, 90BL019843, 90BL018461, 90BL019844, 90BL019842
1227
218
90BL031378, 90BL246883
94
16
90BL015610
145
40
90BL016454, 90BL021226, 90BL247352, 90BL248665
100
90
90BL020443, 90BL020442
317
166
90BL017028, 90BL017029, 90BL247496, 90BL017031, 90BL138882, 90BL015591
554
176
90BL017307, 90BL022658
809
272
90BL103191, 90BL246626, 90BL135655
1051
176
90BL133453, 90BL144518, 90BL152501, 90BL144517
347
382
90BL018504, 90BL030205, 90BL030206, 90BL132982, 90BL136386
647
86
90BL130876
28
 
90BL022736, 90BL023517, 90BL030007, 90BL030008, 90BL030009, 90BL030509, 90BL020992
530
190
90BL251569, 90BL020869, 90BL117913, 90BL126405, 90BL134435, 90BL139342, 90BL108940, 90BL251417, 90BL251457
618
113
90BL126948, 90BL249377, 90BL017743
416
199
90BL112367
27
6
90BL131778
64
 
90BL138075, 90BL155111
148
195
90BL115733
19
 
90BL106881, 90BL112829, 90BL152265, 90BL154656
364
473
90BL013566, 90BL112441, 90BL132318, 90BL132894
332
315
90BL126699
214
 
90BL136451
19
 
90BL031217, 90BL031216
84
 
90BL103687, 90BL103688
150
50
90BL246158, 90BL250529
81
 
90BL102074
27
 
90BL130859
12
 
90BL031374, 90BL132719, 90BL132720, 90BL132721, 90BL248542
263
147
90BL103829, 90BL150030, 90BL154535, 90BL248273, 90BL252176, 90BL131302, 90BL250340, 90BL150573, 90BL016277
847
875
90BL118341
19
 
90BL155021
57
40
90BL030943, 90BL247191
60
 
90BL252426, 90BL020781, 90BL116930
81
 
90BL117425, 90BL246665, 90BL248480
28
 
90BL013625, 90BL150266
29
 
90BL122228, 90BL019081, 90BL100023, 90BL011987, 90BL151854, 90BL248302, 90BL136924, 90BL151855, 90BL011986, 90BL102982
853
1103
90BL004181, 90BL004200, 90BL004201, 90BL004663, 90BL155028
174
238
90BL249056, 90BL126692, 90BL137591, 90BL141735, 90BL155128, 90BL248931
280
376
90BL030142
10
 
90BL012093
52
 
90BL007886, 90BL144330
80
 
90BL134204, 90BL152790
37
 
90BL138886, 90BL135024
20
 
90BL138135
40
 
90BL137717, 90BL140725, 90BL154608
124
53
90BL154021
8
11
90BL140786, 90BL152295
143
177
90BL247407, 90BL150351
169
113
90BL140063, 90BL153200
471
193
90BL030038
112
 
90BL152781, 90BL010641
108
 
90BL110523, 90BL128996, 90BL247682, 90BL151578
476
201
90BL115406, 90BL120098
262
142
90BL119154
22
 
90BL252694, 90BL017872, 90BL019231, 90BL019588, 90BL126163, 90BL130456, 90BL131233, 90BL030249, 90BL250047, 90BL130455
663
47
90BL252203, 90BL017915, 90BL118859, 90BL123260, 90BL130712, 90BL130744, 90BL130746, 90BL247385, 90BL247590, 90BL133897, 90BL141470, 90BL143240
1312
253
90BL016203, 90BL105666, 90BL013309, 90BL142816, 90BL015627, 90BL021133, 90BL031115, 90BL031566
1454
1062
90BL017655, 90BL017657, 90BL020222, 90BL020223, 90BL031475, 90BL108124, 90BL108125, 90BL112440, 90BL019471, 90BL016063, 90BL137572
1088
812
90BL004454, 90BL141938, 90BL247934, 90BL023068, 90BL017367, 90BL017390, 90BL153903
733
608
90BL126149
30
 
90BL248753, 90BL119918, 90BL011905, 90BL251218, 90BL248754
681
223
90BL250703, 90BL017491, 90BL030132, 90BL030133, 90BL030255, 90BL030256, 90BL123351, 90BL247789, 90BL136836, 90BL154902, 90BL154909, 90BL154910
637
152
90BL247784, 90BL112202, 90BL108726, 90BL246190, 90BL247195, 90BL111867, 90BL150003, 90BL015957, 90BL112201, 90BL130093, 90BL131165, 90BL015956, 90BL130751, 90BL130816, 90BL246218, 90BL247196, 90BL103321, 90BL130813, 90BL246217, 90BL133650, 90BL017120, 90BL134778
2025
450
90BL249674, 90BL017305, 90BL152440
135
69
90BL118917, 90BL100316, 90BL150191
395
237
90BL141961
72
 
90BL016863, 90BL017767, 90BL030455
304
237
90BL100516, 90BL251192
187
 
90BL138650
225
 
90BL017766, 90BL151857
121
162
90BL017022, 90BL030628, 90BL155376, 90BL118404
525
214
90BL017073, 90BL130791, 90BL246160, 90BL017072, 90BL021096, 90BL019672
532
338
90BL015948, 90BL142259, 90BL248239
250
250
90BL030305
110
 
90BL110457
15
 
90BL030575, 90BL248808, 90BL018566, 90BL134303, 90BL248805, 90BL248807, 90BL246157, 90BL015357
819
 
90BL120533
12
 
90BL120357, 90BL120358, 90BL120359
540
138
90BL246829, 90BL246666, 90BL114591, 90BL130764, 90BL023304, 90BL130768, 90BL248253, 90BL132095, 90BL104592, 90BL132864
796
650
90BL030090
47
 
90BL019022, 90BL018991, 90BL134291, 90BL248922
331
 
90BL120840
111
 
90BL103005, 90BL130756, 90BL247288, 90BL247338, 90BL248006, 90BL248027, 90BL248291, 90BL248026
618
518
90BL020926
69
 
90BL102454, 90BL248147, 90BL248148
191
62
90BL030135
17
 
90BL008528, 90BL106253, 90BL133428
508
100
90BL111496
25
 
90BL022710
112
 
90BL122984
99
 
90BL246890, 90BL120597, 90BL125368, 90BL125369, 90BL125370, 90BL137562, 90BL122645, 90BL126184
1598
476
90BL249942, 90BL030517, 90BL121783, 90BL246899
804
 
90BL130535, 90BL130536, 90BL251253, 90BL143615
331
15
90BL248602, 90BL116593, 90BL131163, 90BL132701, 90BL140648, 90BL141460, 90BL143305, 90BL248714
844
554
90BL139472
51
 
90BL121195, 90BL130760, 90BL121194, 90BL248157, 90BL248158
252
 
90BL120673, 90BL130771
326
308
90BL250373, 90BL138692, 90BL154596
165
 
90BL249501, 90BL117983
77
 
90BL118230, 90BL247211
242
46
90BL030597, 90BL101106, 90BL246285
241
 
90BL143613
38
 
90BL021564, 90BL134703
16
 
90BL132030
25
 
90BL248619, 90BL141959, 90BL151862, 90BL248296, 90BL134704
183
 
90BL246102
5
 
90BL021122, 90BL246824
122
 
90BL127776, 90BL022679, 90BL134705, 90BL144113
78
 
90BL019874, 90BL118424, 90BL119002, 90BL132073, 90BL143828
766
508
90BL124965
215
 
90BL250758, 90BL021305
187
 
90BL141652
32
 
90BL246823, 90BL103305, 90BL131287
245
48
90BL020056
54
 
90BL155300
77
 
90BL021329, 90BL123318
22
7
90BL143228
77
 
90BL252642, 90BL131255
383
252
90BL151063, 90BL152770
89
 
90BL249468, 90BL018443, 90BL020633, 90BL020634, 90BL104818, 90BL249469
295
 
90BL122217, 90BL122218, 90BL131167, 90BL247859, 90BL139789, 90BL140330, 90BL247860
332
187
90BL249379, 90BL030408, 90BL152832
173
108
90BL249165, 90BL022550, 90BL152561
253
234
90BL106836, 90BL120256, 90BL130834, 90BL152799, 90BL153511
215
281
90BL124133
35
37
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827
 
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90BL030487
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3
 
90BL124967
19
 
90BL249068
5
 
90BL249064
4
 
90BL249090
3
 
90BL249166
3
 
90BL249125
4
 
90BL249155
9
 
90BL143612
85
 
90BL249188
56
16
90BL249271
7
 
90BL249346
5
 
90BL249116
10
 
90BL247494
34
 
90BL018404
49
 
90BL249550
4
 
90BL249570
4
 
90BL141109, 90BL020371
3
 
90BL247660
2
 
90BL247903
2
 
90BL022565
19
 
90BL019557
77
 
90BL016795
3
 
90BL022947
3
 
90BL008113
50
 
90BL128706
127
 
90BL249721
5
 
90BL017388, 90BL116675, 90BL116677
682
36
90BL249914
1
 
90BL015453
3
 
90BL152813
5
 
90BL253547, 90BL016254
1
 
90BL008525, 90BL009100
8
 
90BL023387
38
 
90BL017843
14
 
90BL020078
30
 
90BL022953
51
 
90BL009299
10
 
90BL012870
13
 
90BL015841
42
 
90BL014633
42
 
90BL007251
35
 
90BL011825
1
 
90BL251187, 90BL011602
54
 
90BL110231
272
98
90BL115345
106
47
90BL250757, 90BL030208, 90BL008640, 90BL152123, 90BL131803
72
89
90BL115446
1
 
90BL031477, 90BL031479, 90BL130935, 90BL132628
733
117
90BL115446
1
 
Division 6 Replacement access licences for Part 5 entitlements for the Lower Lachlan (1 February 2008) (clause 27)
Column 1
Column 2
Column 3
Part 5 entitlement
Aquifer access licence
Supplementary access licence
Lower Lachlan Groundwater Source
70BL130763
575
101
70BL229206
1767
154
70BL118496, 70BL228644
1534
324
70BL226918
1052
175
70BL031584, 70BL228456
4134
1004
70BL226099
1260
315
70BL226076
838
 
70BL137921, 70BL228628
1287
221
70BL128745, 70BL228546
2487
464
70BL137025, 70BL226293
1887
584
70BL100865, 70BL100866, 70BL138402, 70BL141670, 70BL226209, 70BL226219, 70BL227321, 70BL227624, 70BL229256
11729
2494
70BL103115, 70BL230554
2167
321
70BL108630
386
17
70BL112398
132
 
70BL227379
1890
202
70BL123429, 70BL226295, 70BL227254, 70BL229295
2870
618
70BL122412
162
198
70BL141672, 70BL227386, 70BL227838, 70BL227839
2886
1102
70BL227269
2701
517
70BL154191
31
2
70BL133639, 70BL228685
1058
242
70BL134782
31
 
70BL227942
1202
748
70BL030418, 70BL030419, 70BL124020, 70BL124522, 70BL226607, 70BL229231, 70BL229232, 70BL229233, 70BL229235, 70BL229236
10528
2442
70BL030978, 70BL107112, 70BL117551, 70BL226126, 70BL228581, 70BL229184
5198
 
70BL132733
1179
171
70BL228879
933
 
70BL226160, 70BL227381, 70BL227433, 70BL227434, 70BL227435, 70BL228686, 70BL229275
14959
3223
70BL120905, 70BL226762, 70BL227608
4484
894
70BL226342, 70BL226746, 70BL229529, 70BL229530, 70BL229531
937
 
70BL226343
1568
254
70BL229814
5
 
70BL226392
1543
 
70BL227662, 70BL227907, 70BL228965
3512
591
70BL004830, 70BL226333, 70BL227983
2087
541
70BL226401
1739
 
70BL226626
323
50
70BL226430
923
3
70BL226575
90
105
70BL226859
873
1
70BL226874
344
 
70BL226664
99
121
70BL151466
865
139
70BL226665
170
27
70BL226858
1209
470
70BL020879
180
 
70BL226611
540
510
70BL227074, 70BL230527
1007
196
70BL226767
180
 
70BL226496
50
8
70BL226756
450
300
70BL229117
805
695
70BL140791
987
201
70BL018891
90
 
70BL226344, 70BL226745, 70BL229434, 70BL229435, 70BL229436
1350
 
70BL228078
19
1
70BL012621
16
 
70BL007052
68
 
70BL007380
5
 
70BL227318
270
42
70BL016333, 70BL020397
58
 
70BL008792
30
 
70BL229864
1
 
70BL230192
123
7
70BL228537
49
 
70BL226765
180
 
70BL231127
1
 
70BL006726, 70BL020619
5
 
70BL226849
395
 
70BL226850
353
443
70BL226851
808
 
Division 7 Replacement access licences for Part 2 or Part 5 entitlements for the Peel Valley (1 July 2010) (clause 50)
Licence No
Licence No
Licence No
Licence No
90BL021119
90BL248423
90BL133130
90BL247054
90BL030101
90BL111022
90BL246297
90BL247079
90BL142119
90BL111023
90BL246298
90BL247118
90BL030033
90BL251270
90BL246299
90BL247119
90BL030361
90BL252400
90BL248145
90BL247081
90BL030433
90BL115449
90BL135027
90BL143511
90BL030520
90BL115451
90BL246350
90BL143512
90BL030688
90BL115452
90BL135896
90BL247086
90BL246944
90BL118826
90BL136266
90BL247091
90BL030761
90BL118325
90BL247663
90BL247092
90BL030762
90BL250352
90BL016987
90BL012246
90BL030795
90BL154821
90BL016988
90BL012247
90BL030797
90BL120388
90BL016989
90BL247093
90BL030799
90BL120963
90BL019473
90BL247110
90BL248278
90BL133226
90BL246602
90BL144565
90BL100204
90BL247389
90BL246613
90BL247214
90BL100890
90BL120589
90BL012032
90BL248524
90BL151982
90BL154820
90BL138203
90BL247215
90BL153746
90BL246130
90BL246632
90BL247226
90BL153747
90BL154925
90BL017182
90BL248565
90BL153748
90BL246961
90BL246681
90BL248566
90BL250118
90BL250744
90BL139393
90BL248567
90BL152162
90BL250745
90BL139394
90BL247237
90BL021430
90BL123329
90BL246683
90BL247443
90BL021431
90BL123355
90BL247404
90BL248568
90BL103745
90BL126254
90BL139434
90BL248569
90BL103746
90BL126255
90BL246710
90BL248571
90BL152194
90BL154502
90BL246716
90BL145112
90BL152195
90BL154503
90BL246717
90BL249646
90BL152753
90BL016183
90BL246741
90BL249647
90BL104379
90BL124142
90BL246821
90BL145349
90BL014926
90BL248205
90BL246830
90BL150033
90BL019365
90BL126689
90BL246831
90BL150658
90BL019366
90BL151527
90BL249408
90BL150926
90BL019367
90BL247767
90BL246889
90BL150928
90BL019949
90BL249409
90BL246942
90BL247111
90BL020580
90BL131628
90BL142099
90BL247481
90BL105221
90BL131622
90BL246941
90BL247446
90BL105513
90BL131623
90BL142365
90BL247910
90BL247342
90BL131624
90BL143146
90BL137738
90BL107596
90BL131625
90BL247052
90BL009158
90BL249837
90BL131626
90BL247053
90BL152451
90BL153648
90BL131627
90BL247056
90BL248551
90BL251949
90BL246560
90BL010034
90BL249601
90BL152168
90BL120813
90BL010035
90BL253097
90BL031001
90BL126950
90BL010036
90BL251750
90BL031433
90BL126953
90BL246601
90BL249713
90BL248101
90BL247495
90BL006272
90BL249890
90BL115462
90BL021395
90BL011338
90BL251722
90BL115463
90BL020093
90BL122242
90BL155458
90BL247792
90BL248525
90BL012812
90BL250126
90BL012265
90BL011099
90BL247901
90BL250227
90BL017813
90BL012033
90BL248526
90BL150659
90BL137857
90BL015201
90BL248527
90BL251466
90BL151056
90BL004811
90BL253956
90BL115268
90BL141666
90BL004813
90BL254011
90BL007862
90BL141667
90BL248514
90BL009539
90BL008536
90BL141668
90BL018839
90BL248573
90BL031293
90BL139445
90BL013836
90BL248572
90SL006515
90BL151693
90BL248845
90BL248574
90SL009737
90BL013850
90BL253931
90BL100318
90SL043337
90BL131649
90BL010450
90BL100328
90SL043452
90BL152862
90BL012889
90BL150086
90SL044464
90BL248264
90BL012936
90BL152740
90SL047317
90BL030149
90BL248513
90BL249502
90SL050059
90BL030150
90BL014726
90BL254509
90SL051036
90BL246826
90BL013954
90BL253951
90BL120185
90BL030159
90BL013955
90BL016061
90BL020404
90BL029929
90BL013956
90BL016062
90BL252444
90BL030793
90BL013957
90BL248757
90BL130380
90BL031489
90BL011425
90BL248764
90BL020413
90BL254034
90BL011428
90BL248851
90BL017342
90BL031571
90BL013141
90BL017477
90BL255091
90BL109526
90BL017805
90BL249048
90BL008272
90BL105721
90BL249205
90BL249098
90BL249329
90BL108941
90BL015549
90BL249144
90BL247108
90BL019088
90BL012778
90BL248760
90BL247167
90BL107287
90BL012779
90BL248761
90BL249330
90BL009906
90BL020402
90BL014727
90BL247109
90BL249539
90BL247168
90BL249419
90BL009924
90BL121036
90BL009923
90BL249538
90BL154517
Division 8 Replacement access licences for Part 2 or Part 5 entitlements for the Bega and Brogo Rivers (1 April 2011) (clauses 71 and 72)
Subdivision 1
Column 1
Column 2
Proposed supplementary entitlement (ML)
10SL020520
25
10SL036179
44
10SL035213
45
10SL040086
101
10SL043612
62
10SL042616
79
10SL043866
121
10SL043040
9
10SL055527
85
10SL040362
94
10SL041578
58
10SL042178
172
10SL042978
45
10SL047151
40
10SL047190
9
10SL052114
24
10SL055798
247
10SL056749
40
Subdivision 2
Licence No
10BL159574
sch 4: Am 2011 (522), Sch 1 [2] [3]; 2011 (577), Sch 1 [1] [2]; 2011 (678), Sch 1 [4]; 2012 (29), Sch 1 [2]–[4]; 2012 (136), Sch 1; 2012 (232), Sch 1 [2].
Schedule 5 Exemptions
(Clauses 18 and 39)
Part 1 Access licence exemptions
1   Definition
In this Part:
public authority does not include Landcom or the Superannuation Administration Corporation or any of their subsidiaries.
2   Roads authorities
A roads authority (within the meaning of the Roads Act 1993)—in relation to water required for road construction and road maintenance.
3   Transport authorities
(1)  A transport authority—in relation to water required for the construction or maintenance of rail infrastructure facilities (within the meaning of the Transport Administration Act 1988) if the environmental impact of the construction or maintenance has been considered under section 111 of the Environmental Planning and Assessment Act 1979 (or is exempt from the need for such consideration under section 110E of that Act).
(2)  In this clause:
transport authority means the following within the meaning of the Transport Administration Act 1988:
(a)  RailCorp,
(b)  Transport Construction Authority,
(c)  Country Rail Infrastructure Authority,
(d)  ARTC,
(e)  the Director-General.
4   Drought relief
Any person lawfully engaged in the carriage of water for drought relief—in relation to water required for that purpose.
5   Dust suppression
Any public authority lawfully engaged in the use of water for dust suppression—in relation to water required for that purpose.
6   Hydrostatic testing
Any person lawfully engaged in the hydrostatic testing of a gas pipeline—in relation to water required for initial testing of that pipeline before it is put into service for the first time, up to a maximum of 7 megalitres.
7   Prospecting or fossicking
Any person lawfully engaged in prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991—in relation to:
(a)  the taking of water required for such prospecting or fossicking pursuant to a lease, licence, mineral claim or environmental assessment permit under the Mining Act 1992 or a petroleum title under the Petroleum (Onshore) Act 1991 (an authority), up to a maximum of 3 megalitres for all such prospecting or fossicking pursuant to each such authority in any water year, and
(b)  the taking of up to 3 megalitres of water required for all other such prospecting or fossicking in any water year.
8   Domestic electricity generation
Any landholder—in relation to water required for the purpose of generating electricity for domestic consumption on that land, but only if:
(a)  the water is returned to the same water source from which it was taken and within 50 metres of the point at which it was taken, and
(b)  the returned water is of the same quality as it was when it was taken (in terms of chemical composition, temperature, sediment content and salinity).
9   Water bore testing
Any person engaged in the testing of a water bore by means of a pump test required under, and carried out in accordance with an aquifer interference approval with respect to that activity, a water supply work approval for the water bore, or the conditions of an approved project under Part 3A or an approval under Part 5.1, of the Environmental Planning and Assessment Act 1979—in relation to water required for that purpose:
(a)  during the week following completion of the water bore’s installation, or
(b)  during any other period for which such testing is required to be carried out by the relevant approval.
10   Exempt monitoring bores
Any person—in relation to the taking of water from or by means of an exempt monitoring bore for the purposes of measuring water levels, water pressure or water quality.
11   Hydro-electric power stations
Any person lawfully engaged in the operation of a hydro-electric power station in connection with a water supply work owned by State Water Corporation or the Ministerial Corporation (such operation being authorised by that Corporation)—in relation to water required for the purpose of generating hydro-electric power, but only if:
(a)  the water is returned to the same water source from which it was taken, and
(b)  the returned water is of the same quality as it was when it was taken (in terms of chemical composition, temperature, sediment content and salinity).
12   Excluded works
(1)  Any landholder—in relation to the taking of water from or by means 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, for the purposes and in the circumstances specified in Schedule 1 in respect of the work.
(2)  Any landholder—in relation to the taking of water from or by means of an excluded work referred to in item 5 or 8 in Schedule 1 that is situated on the land.
13   Sugar cane plantings
Any person—in relation to the taking of water from an artificial channel if:
(a)  the water is taken for the purpose of watering to establish agricultural plantings of sugar cane (with a sugar cane plant taken to be established once it reaches a height of 50 centimetres), and
(b)  the volume of water taken does not, in any continuous 12 month period, exceed 0.05 of a megalitre per hectare of land on which sugar cane is being established, and
(c)  the channel was constructed for the primary purpose of draining water from land on which sugar cane is grown, and
(d)  the channel does not have banks that are above ground level, and
(f)  any work used to take the water is not fixed to the land.
14   Approved watering for basic human water needs
The Ministerial Corporation—in relation to the taking of water for approved watering for basic human water needs, being watering:
(a)  that the Minister is satisfied:
(i)  is in the public interest, and
(ii)  is urgently required for basic human water needs, and
(b)  that is in accordance with a watering program that is approved by the Minister in writing and that addresses:
(i)  the amount of water proposed to be taken, and
(ii)  the water source from which the water will be taken.
15   Approved watering for environmental work construction
A public authority—in relation to the taking of up to 0.5 megalitres of water in any water year (or up to such lesser amount as the Minister may specify) for approved watering for environmental work construction, being watering:
(a)  that the Minister is satisfied is for the purposes of constructing on waterfront land a water supply work that will have an environmental benefit, and
(b)  that is in accordance with a watering program that is approved by the Minister in writing and that addresses:
(i)  the amount of water proposed to be taken, and
(ii)  the water source from which the water will be taken.
Note—
The construction and use of a water supply work for the purpose of taking any such water may still require a water supply work approval under Part 3 of Chapter 3 of the Act.
15A   Holders of certain approvals
(1)  The holder of an approval arising from the entitlement referred to in clause 87 (a) of Schedule 4—in relation to the taking of any water from Bungaree Creek or Bingera Creek (as described in the entitlement).
(2)  The holder of an approval arising from an entitlement referred to in clause 87 (b) of Schedule 4—in relation to the taking of any water from a river to which the entitlement relates (as described in the entitlement).
15B   Emergency safety measures
Any person—in relation to the taking of water for the purposes only of complying with a direction given under the State Emergency Service Act 1989 or the State Emergency and Rescue Management Act 1989 in an emergency (within the meaning of the latter Act), but only if the person’s compliance with the direction is in accordance with the Act under which it is given.
Part 2 Controlled activities exemptions
16   Activities under mining, crown lands or western lands legislation
Any activity carried out in accordance with any lease, licence, permit or other right in force under the Mining Act 1992, the Crown Lands Act 1989, the Crown Lands (Continued Tenures) Act 1989 or the Western Lands Act 1901 or a petroleum title in force under the Petroleum (Onshore) Act 1991.
17   Activities on land of Maritime Authority or Port Corporation
Any activity:
(a)  carried out in accordance with any lease, licence, permit or other right in force in respect of land under the ownership or control of the Maritime Authority of NSW or a Port Corporation (within the meaning of the Ports and Maritime Administration Act 1995), or
(b)  for which the Minister administering that Act is the consent authority under the Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005.
18   Activities under water supply works approval
Any activity comprising the excavation of the bed of a river, lake or estuary for the purpose of facilitating the use of a water supply work, being an activity that:
(a)  is detailed in the conditions of the water supply work approval for the water supply work, and
(b)  is carried out in accordance with those conditions.
19   Activities with respect to domestic and stock rights
Any of the following activities for the purpose of enabling a person to take, or facilitating a person’s taking of, water pursuant to section 52 (Domestic and stock rights) of the Act:
(a)  the removal of alluvial material from the bed of a river to enable or facilitate the taking of water, if:
(i)  any excavation:
(A)  is no deeper than 1 metre, and
(B)  is no wider than 1/3 of the width of the river at that point or 6 metres (whichever is lesser), and
(C)  is no longer than its width, and
(ii)  the only alluvial material that is removed is material that has been deposited on the riverbed by the flow of water in the river such as sand, silt or gravel, and
(iii)  no material is removed within 1 metre of the bank of the river, and
(iv)  any alluvial material that has been removed is placed in the bed of the river, immediately upstream of the excavation,
(b)  any controlled activity in, on or under the bank of a river to enable or facilitate the installation of a pipe, if:
(i)  the pipe is above ground or in a trench that is the minimum size necessary to hold the pipe but is no more than 0.3 metres wide and 0.3 metres deep, and
(ii)  any material that is removed is used to backfill the trench within 48 hours after its removal,
(c)  any controlled activity in, on or under waterfront land to enable or facilitate the installation of a water supply work that is a pump, if:
(i)  the controlled activity is not on the bed or bank of a river, and
(ii)  any material removed is the minimum amount necessary to establish a suitable pump site but is no more than 1 cubic metre, and
(iii)  the area of land from which any material is removed is no greater than 4 square metres.
20   Activities in accordance with harvestable rights orders
Any activity carried out, in accordance with a harvestable rights order, in connection with the construction or use of a dam on land within the harvestable rights area constituted by the order.
21   Activities connected with construction of fencing, crossings or tracks
Any activity carried out in connection with the construction or use of fencing, or of a vehicular crossing or an access track, that does not impound water, being an activity carried out in, on or under waterfront land:
(a)  relating to a minor stream, and
(b)  within a rural zone (other than a rural village) under an environmental planning instrument.
22   Activities in connection with works under former 1912 Act
(1)  Any activity carried out in connection with the construction or use of a work to which Part 2 of the former 1912 Act applies in accordance with a licence issued under that Part in relation to that work, being an activity that:
(a)  is detailed in the conditions of the licence, and
(b)  is carried out in accordance with those conditions.
(2)  Any activity carried out in connection with the construction or use of a controlled work within the meaning of Part 8 of the former 1912 Act in accordance with an approval issued under that Part in relation to that work, being an activity that:
(a)  is detailed in the conditions of the approval, and
(b)  is carried out in accordance with those conditions.
23   Removal of vegetation
Any activity comprising nothing more than the removal of vegetation in circumstances that would otherwise be lawful.
24   Development at Rouse Hill Regional Centre
The carrying out of development in accordance with section 16 of Part E (Rouse Hill Regional Centre) of Baulkham Hills Development Control Plan, on the land to which that section applies (being land bounded by Windsor Road, Commercial Road and Withers Road, Rouse Hill).
25   Development on waterfront land at Oran Park or Turner Road
The carrying out of development in accordance with the Oran Park and Turner Road Waterfront Land Strategy 2009, as published in the Gazette on 17 July 2009.
26   Activities on waterfront land if river is concrete lined or in pipe
Any activity carried out on waterfront land relating to a river where the channel of the river is fully concrete lined or is a fully enclosed pipe channel.
27   Activities with respect to dwellings
(1)  Any activity carried out in connection with the erection or demolition of, the making of alterations or additions to or the provision of ancillary facilities for, a dwelling house or dual occupancy building, being activities:
(a)  that comprise exempt development or that are the subject of a development consent or complying development certificate in force under the Environmental Planning and Assessment Act 1979, and
(b)  that are not carried out on or in:
(i)  the bed or bank of any river, or
(ii)  the bed or shore of any lake, or
(iii)  the bed, or land lying between the bed and the mean high water mark, of any estuary.
(2)  In this clause:
development has the same meaning as it has in the Environmental Planning and Assessment Act 1979.
dual occupancy building means a building containing 2, but no more, dwellings within the meaning of the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.
dwelling house has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.
28   Emergency safety measures
Any activity carried out for the purposes only of complying with a direction given under the State Emergency Service Act 1989 or the State Emergency and Rescue Management Act 1989 in an emergency (within the meaning of the latter Act), being compliance that is in accordance with the Act under which the direction is given.
sch 5: Am 2012 (29), Sch 1 [5]; 2012 (122), Sch 1 [5] [6].
Schedule 6 Forms
(Clause 46)
Form 1   Certificate
I certify that this roll contains the full names (consecutively numbered and listed in alphabetical order) and addresses of those persons who, in my opinion, are entitled to vote in the election in relation to which this roll has been prepared.
The first and last entries in the roll are as follows:
First Entry:
No:
Name:
Address:
Last Entry:
No:
Name:
Address:
Dated:
Signed:
Form 2   Application for enrolment
Surname:
Given Names:
Postal Address:
Postcode:
Telephone No:
Address of property on which enrolment is based:
Local government area in which the property is situated:
I apply to be enrolled in the final roll for the following election and in any subsequent election (specify the election to which the application relates).
I am applying for enrolment:
(a)  *as the sole owner of property,
(b)  *as the representative of a corporation on behalf of which the property is owned,
(c)  *as the representative of the trustees or legal personal representatives of a person or estate.
Particulars of *corporation/*trustee/*legal personal representative in respect of whom or which the applicant is the representative *(see paragraphs (b) and (c) above):
Name:
Postal Address:
I declare that *I have/*the person that I represent has, as at the calling of the election, the qualifications to vote.
I further declare that, to the best of my knowledge, the information contained in this application is true.
Dated:
Signed:
* Delete whichever is inapplicable.
Form 3   Objection to enrolment
I object to the inclusion in the final roll for the following election: (specify the election to which the objection relates) of the name of (name in full) of (postal address).
This objection is based on the following grounds: (specify the grounds of the objection)
Name of objector:
Postal Address:
Telephone No:
Dated:
Signed:
Form 4   Nomination of candidate
We nominate (name in full) of (postal address) as a candidate for the following election: (specify the election to which the nomination relates and any zone in which the election is to be held).
We declare that we are each entitled to vote in the election.
Name in full:            Address:            Signature:
1
2
3
4
5
6
Note—
This nomination must be completed by not fewer than 2 persons (other than the candidate), each of whom is qualified to vote under the Water Management (General) Regulation 2011 in respect of the election.
I, (name in full) consent to being a candidate at the election to which this nomination relates.
Postal address:
Telephone No:
Date of birth:
Dated:
Signed:
Schedule 7 Special areas
(Clause 166)
Part 1 Stephens Creek, Umberumberka Creek and Yancowinna Creek Special Areas
Part 2 Part restricted portion of Stephens Creek Special Area
Part 3 Part restricted portion of Stephens Creek Special Area
Part 4 Restricted portion of Umberumberka Creek Special Area
Schedule 8 Penalty notice offences
(Clause 228)
Part 1 Offences under Water Management Act 2000
Column 1
Column 2
Column 3
Provision of Act
Penalty for individual
Penalty for corporation
Section 60A (2)
$750
$1500
Section 60B
$750
$1500
Section 60C (2)
$750
$1500
Section 60D
$750
$1500
Section 91A (1)
$750
$1500
Section 91A (2)
$750
$1500
Section 91B (1)
$750
$1500
Section 91B (2)
$750
$1500
Section 91C (1)
$750
$1500
Section 91C (2)
$750
$1500
Section 91D (1)
$750
$1500
Section 91D (2)
$750
$1500
Section 91E (1)
$750
$1500
Section 91E (2)
$750
$1500
Section 91F (1)
$750
$1500
Section 91F (2)
$750
$1500
Section 91G
$750
$1500
Section 91H (1)
$750
$1500
Section 91H (2)
$750
$1500
Section 91I (2)
$750
$1500
Section 91J
$750
$1500
Section 91K (2)
$750
$1500
Section 120 (4)
$750
$1500
Section 256 (1)
$750
$1500
Section 318A
$750
$1500
Section 318B
$750
$1500
Section 336C (1)
$750
$1500
Section 340A (1)
$750
$1500
Section 342 (1)
$750
$1500
Section 342 (2)
$750
$1500
Section 343 (1)
$750
$1500
Section 345 (2)
$750
$1500
Section 346
$750
$1500
Column 1
Column 2
Column 3
Provision of Regulation
Penalty for individual
Penalty for corporation
Clause 118 (1)
$500
 
Clause 119 (1)
$500
 
Clause 120 (1) or (2)
$500
 
Clause 121 (1), (2) or (3)
$500
 
Clause 122
$500
 
Clause 127
$200
 
Clause 128 (1)
$200
 
Clause 136 (4)
$200
 
Clause 138 (1)
$500
 
Clause 139 (1)
$500
 
Clause 151 (1)
$500
 
Clause 152
$500
 
Clause 154 (1) or (3)
$500
 
Clause 156 (2) or (3)
$700
 
Clause 161 (3)
$500
 
Clause 178
$200
 
Clause 179
$200
 
Clause 181
$200
 
Clause 182
$200
 
Clause 183 (3)
$200
 
Clause 184
$200
 
Schedule 9 Savings, transitional and other provisions
Part 1 Provisions relating to the Water Management Amendment Act 2004
1   Transfer of certain access licences
A purchaser of land may apply to the Minister to record in the Access Register a general dealing under section 71M of the Act transferring an access licence to the purchaser, but only if:
(a)  the purchase included an entitlement that was, on the appointed day, replaced by the licence to be transferred, and
(b)  settlement of the purchase took place before the appointed day, and
(c)  as at the appointed day:
(i)  the purchaser’s interest in the land had not been recorded on the folio of the Register kept under the Real Property Act 1900 in relation to the land, or
(ii)  the conveyance effecting the transfer of the land had not been registered in the General Register of Deeds kept under the Conveyancing Act 1919,
as the case may require.
2   Deemed term transfers
For the purpose of enabling a term transfer referred to in clause 10 (3) of Schedule 10 to the Act to be recorded in the Access Register, the current occupier (within the meaning of clause 10 (1) of that Schedule) of the land concerned is to:
(a)  apply to the Director-General in the approved form for the recording of the transfer, and
(b)  provide the Director-General with evidence in the approved form of the current occupier’s occupation (including its proposed duration) of the land.
Note—
A term transfer of water entitlements conferred by an access licence is a general dealing within the meaning of the Act. Section 71A (1) (b) of the Act requires all general dealings to be recorded in the General Division of the Access Register kept under the Act. Section 71B (1) provides that any matter required to be recorded in that Division has no effect until it is so recorded and takes effect on being recorded.
3   Entitlements held by co-owners in a replacement access licence
Two or more co-holders of a replacement access licence referred to in clause 23 (1) of Schedule 10 to the Act who wish to make an election of the kind referred to in clause 23 (2) of that Schedule but do not receive a request to do so under that subclause may apply under section 73 of the Act for the recording of an alteration in the way in which they hold the licence.
4   Duration of new approval
(1)  Unless it is sooner cancelled, a replacement approval has effect for:
(a)  except as provided by paragraph (b):
(i)  3 years from the appointed day, or
(ii)  for the balance of the period for which its former entitlement would (but for Schedule 10 to the Act) have remained in force,
whichever is the longer, or
(b)  if its former entitlement would (but for Schedule 10 to the Act) have remained in force for an indefinite period, 10 years.
(2)  This clause has effect despite clause 21 (2) of Schedule 10 to the Act.
(3)  In this clause, replacement approval has the same meaning as in Schedule 10 to the Act.
Note—
This Part continues the operation of certain provisions of Part 1 of Schedule 7 to the Water Management (General) Regulation 2004 which is repealed on 1 September 2011 by section 10 of the Subordinate Legislation Act 1989. The operation of the repealed Part is preserved by section 30 of the Interpretation Act 1987.
Part 2 Provisions relating to the repeal of the Rivers and Foreshores Improvement Act 1948
5   Definitions
In this Part:
Constructing Authority has the same meaning as it has in Part 3A of the former 1948 Act.
Part 3A permit means a permit under Part 3A of the former 1948 Act.
6   Conditions as to security under section 22C
(1)  This clause applies to any Part 3A permit in respect of which security has been required to be given pursuant to section 22C (2) of the former 1948 Act.
(2)  The controlled activity approval that arises from a Part 3A permit to which this clause applies is taken to be subject to a condition having the same terms and conditions as those specified by the Constructing Authority under section 22C (2) of the former 1948 Act in respect of the permit.
7   Continued application of Part 3A to certain offences
(1)  Part 3A of the former 1948 Act continues to apply to and in respect of any alleged offence under section 22B of that Act as if that Act had not been repealed.
(2)  In particular:
(a)  any order that, immediately before the commencement of this clause, was in force under section 22D or 22F of the former 1948 Act, and
(b)  any direction that, immediately before the commencement of this clause, was in force under section 22G of the former 1948 Act,
continues to have effect, and may be enforced under that Act, as if that Act had not been repealed.
8   General terms of approval for integrated development
Any general terms of approval given by the Constructing Authority for the purposes of Division 5 of Part 4 of the Environmental Planning and Assessment Act 1979 (Special procedure for integrated development) in relation to an activity that, before the commencement of this clause, required a Part 3A permit continue to have effect in relation to that activity to the extent to which, after that commencement, it requires a controlled activity approval.
9   Exemption from requirement for Minister to give notice under cl 20 of Sch 10
Clause 20 of Schedule 10 to the Act does not require notice of the terms of a controlled activity approval to be given to the holder of the approval if the approval is due to expire within 2 years after the approval comes into being under clause 3 of that Schedule.
Note—
This Part continues the operation of Part 3 of Schedule 7 to the Water Management (General) Regulation 2004 which is repealed on 1 September 2011 by section 10 of the Subordinate Legislation Act 1989. The operation of the repealed Part is preserved by section 30 of the Interpretation Act 1987.
Part 3 Provisions relating to the Water Management Amendment Act 2008
10   Definition
In this Part, the 2008 amending Act means the Water Management Amendment Act 2008.
11   Directions under former Parts 1 and 2 of Chapter 7 of the Act
A direction that, immediately before 1 January 2009, was in force under any provision of Part 1 or 2 of Chapter 7 of the Act, as then in force, is taken to be a direction under the corresponding provision of Part 1 or 2 of Chapter 7 of the Act, as inserted by Schedule 2 [2] to the 2008 amending Act, and may be enforced accordingly.
12   Exercise of functions under new Parts 1 and 2 of Chapter 7
The matters in respect of which a function under Part 1 or 2 of Chapter 7 of the Act, as inserted by Schedule 2 [2] to the 2008 amending Act, may be exercised include matters arising before 1 January 2009.
13   Authorised officers
(1)  Any authorised officer who, immediately before 1 January 2009, was appointed for the purposes of a provision of Part 1 or 2 of Chapter 7 of the Act, as then in force, is taken to have been appointed for the corresponding provision of Part 1 or 2 of Chapter 7 of the Act, as inserted by Schedule 2 [2] to the 2008 amending Act.
(2)  Until its replacement under section 340 of the Act, an identification card or certificate of authority issued to an authorised officer before 1 January 2009 is taken to be the officer’s evidence of authority for the purposes of that section.
14   Commencement of proceedings
Section 364 of the Act, as substituted by Schedule 1 [10] to the 2008 amending Act, extends to any offence that arose before 1 January 2009, but only if proceedings for the offence could have been commenced on that date had that section not been substituted.
15   Matters to be considered in imposing penalty
Section 364A of the Act, as inserted by Schedule 1 [10] to the 2008 amending Act, extends to any penalty to be imposed in respect of an offence committed before 1 January 2009.
16   Continuing offences
Section 365A of the Act, as inserted by Schedule 1 [11] to the 2008 amending Act, extends to any contravention arising on or after 1 January 2009 in respect of a requirement made by or under the Act or this Regulation before that date.
17   Evidentiary matters
Sections 367, 367A and 367B of the Act, as inserted by Schedule 3 [2] to the 2008 amending Act, extend to proceedings for offences arising before 1 January 2009, including proceedings commenced before that date.
Note—
This Part is a re-enactment of Part 4 of Schedule 7 to the Water Management (General) Regulation 2004 which is repealed on 1 September 2011 by section 10 of the Subordinate Legislation Act 1989. The operation of the repealed Part is preserved by section 30 of the Interpretation Act 1987.
Part 4 Provision relating to the Water Management Amendment Act 2010
18   References to “adaptive environmental water”
Any reference in a management plan to “adaptive environmental water” continues to be taken to be a reference to licensed environmental water (within the meaning of section 8 of the Act) that is committed by an adaptive environmental water condition under section 8B, 8C, 8D or 63B of the Act.
Note—
This Part continues the operation of Part 6 of Schedule 7 to the Water Management (General) Regulation 2004 which is repealed on 1 September 2011 by section 10 of the Subordinate Legislation Act 1989. The operation of the repealed Part is preserved by section 30 of the Interpretation Act 1987.
Part 5 Transitional provisions relating to prospecting and fossicking exemption from requirement for access licence
19   Continuation of existing exemption relating to mining and fossicking
(1)  A person who was exempted under former clause 18 (1) (e) immediately before 30 June 2011 in relation to the taking of water required for prospecting or fossicking pursuant to an authority is taken to continue to be exempted under former clause 18 (1) (e) in relation to such taking of water, until the authority is modified or ceases to be in force.
(2)  In this clause:
authority means a lease, licence, mineral claim or environmental assessment permit under the Mining Act 1992 or a petroleum title under the Petroleum (Onshore) Act 1991.
former clause 18 (1) (e) means clause 18 (1) (e) of the Water Management (General) Regulation 2004, as in force immediately before 30 June 2011.
20   Certain prospecting and fossicking entitlements to continue under 1912 Act for transitional period
(1)  This clause applies to an entitlement (a relevant entitlement) if:
(a)  the appointed day in relation to the entitlement occurs at any time during the period commencing on 30 June 2011 and ending before 1 July 2012 (the transitional period), and
(b)  immediately before that appointed day the entitlement authorised the taking of water for the purpose of prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991 (the relevant purpose).
(2)  For the purposes of subclause (1), the appointed day in relation to a relevant entitlement is the day that would have been the appointed day (within the meaning of clause 3 (1) of this Regulation) in relation to the entitlement had this clause not applied to the entitlement.
(3)  During the transitional period:
(a)  Schedule 10 (Conversion of former entitlements to access licences and approvals) to the Act does not apply to a relevant entitlement to the extent that the entitlement relates to the relevant purpose, and
(b)  the provisions of the former 1912 Act continue to apply in relation to the entitlement to the extent that the entitlement relates to the relevant purpose, unless the entitlement is cancelled, permanently lapses or otherwise ceases to be in force or have effect under that Act before the end of the transitional period, and
(c)  Parts 2 and 3 of Chapter 3 of the Act do not apply in relation to the entitlement to the extent that the entitlement relates to the relevant purpose and while it continues to be in force or have effect under the former 1912 Act.
(4)  On and from 1 July 2012, the following provisions will apply to any relevant entitlement to the extent it relates to the relevant purpose and is still in force or effect immediately before that day as if 1 July 2012 were the appointed day in relation to that entitlement:
(a)  Parts 2 and 3 of Chapter 3 of the Act,
(b)  Schedule 10 to the Act.
(5)  Nothing in this clause affects the application of the Act to a relevant entitlement to the extent that the entitlement relates to a purpose other than a relevant purpose.
(6)  For the purposes of clause 1 (4) of Schedule 9 to the Act, this clause has effect despite any provision to the contrary in Schedule 10 to the Act.
Part 6 Provisions consequential on the repeal of certain Regulations
21   Continuation of Division 3 of Part 4 of Irrigation Corporations Act 1994
Division 3 of Part 4 of the Irrigation Corporations Act 1994 continues to have effect despite its repeal by Schedule 7 to the Water Management Act 2000.
Note—
This clause is a re-enactment of clause 11 of the Water Management (Irrigation Corporations) Savings and Transitional Regulation 1995 which is repealed on 1 September 2011 by section 10 of the Subordinate Legislation Act 1989. The operation of the repealed clause is preserved by section 30 of the Interpretation Act 1987.
22   Continuation of provisions concerning pre-1999 existing works
(1)  Clause 5 of the 2004 Regulation (Pre-1999 existing works) continues to apply as if that clause had not been repealed, in relation to an application for a water supply work approval for a pre-1999 existing work or an application for an access licence for water taken by means of a pre-1999 existing work (as referred to in that clause):
(a)  that is received by the Minister on or before 31 December 2011, and
(b)  that is accompanied by information that indicates to the satisfaction of the Minister that the construction of the water supply work to which the application relates was completed before 1 January 1999.
(2)  Clause 20 of the 2004 Regulation (Granting of access licences) continues to apply as if it had not been repealed:
(a)  to an application for an access licence under clause 5 (5) of the 2004 Regulation that was made but not finally determined at the commencement of this Regulation, and
(b)  to an application for an access licence under clause 5 (5) as continued in operation by subclause (1).
(3)  In this clause:
pre-1999 existing works has the same meaning as it has in clause 5 of the 2004 Regulation.
2004 Regulation means the Water Management (General) Regulation 2004 as in force immediately before its repeal.
sch 9: Am 2011 (678), Sch 1 [5] [6].