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Management (General) Regulation 2004 and the Water Management (Water Supply Authorities) Regulation 2004 which are repealed on 1 September 2011 by section 10 (2) of the Subordinate Legislation Act 1989.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

(d)  required under the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008, 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,

(l)  unregulated river (regulated supply—local water utility) access licence,

(m)  unregulated river (regulated supply) access licence,

(n)  unregulated river (A class) access licence,

(o)  unregulated river (B class) access licence,

(p)  unregulated river (C class) 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]; 2012 (497), Sch 1 [1].

5 Specific purpose access licences

(1)  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,

(c)  unregulated river (regulated supply—local water utility) access licence,

(d)  unregulated river (regulated supply) access licence.

(2)  A supplementary water (Lowbidgee) access licence is exempted from paragraph (d) of the definition of specific purpose access licence.

cl 5: Subst 2011 (678), Sch 1 [2]; 2012 (497), Sch 1 [2] [3].

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.

(5)  A water allocation account may be kept in the form of 2 or more sub-accounts.

cl 15: Am 2012 (497), Sch 1 [4].

15A Requirements for consent by co-holders of access licences

An appointment, or a revocation of appointment, of a nominee of a co-holder of an access licence under section 72A (2) of the Act:

(a)  must be in the approved form, and

(b)  must be signed by the co-holder making or revoking the appointment, and

(c)  must be lodged at, or sent by post to an office of the Department.

cl 15A: Ins 2012 (353), Sch 1 [1].

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 or 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.

cl 32: Am 2012 (353), Sch 1 [2].

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 2012,

(h)  land to which State Environmental Planning Policy No 14—Coastal Wetlands applies,

(i)  land to which State Environmental Planning Policy No 26—Littoral Rainforests applies,

(j)  waterfront land (other than waterfront land relating to a minor stream).

cl 34: Am 2012 No 96, Sch 4.50.

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,

(g)  any person, in relation to the construction or use of a water supply work for the control or prevention of soil erosion that is included in a project in existence under section 10 of the Soil Conservation Act 1938, for the purpose of giving effect to the project.

(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]; 2012 (353), Sch 1 [3].

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 18 from the requirement for an access licence, or

(b)  a water use approval for the use of water for such a purpose.

cl 41: Am 2012 (353), Sch 1 [4].

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 Local Land Services under section 262 of the Act during the previous financial year that remained unexpended at the close of that year.

cl 104: Am 2013 No 51, Sch 7.54.

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 (Repealed)

cl 106: Rep 2012 (497), Sch 1 [5].

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 Code of Australia means the document entitled the Plumbing Code of Australia, produced for all State governments by the Australian Building Codes Board, as in force from time to time.

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.

cl 107: Am 2011 No 59, Sch 2.17 [1] [2].

Division 2 Areas of operations and functions

108 Essential Energy

(1)  Essential 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 Essential Energy.

(2)  Essential 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 (Repealed)

cl 113: Rep 2012 (295), cl 3.

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)  Essential 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 Code of Australia, 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.

(3)  This clause applies only in relation to work that is not plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011.

Note—

On the commencement of section 7 of the Plumbing and Drainage Act 2011, plumbing and drainage work to which that Act applies must be code compliant under that Act. That Act requires the work to comply with the Plumbing Code of Australia and any other standards or requirements prescribed by the regulations under that Act.

cl 118: Am 2011 No 59, Schs 2.17 [3] [4], 3.4 [1].

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 Code of Australia, 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 Code of Australia 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.

cl 120: Am 2011 No 59, Sch 2.17 [3].

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)  Essential Energy,

(b)  Gosford City Council,

(c)  Wyong Shire Council.

(2)  Subdivision 3 applies to and in respect of the sewerage systems of Essential 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 Code of Australia, 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.

(3)  This clause applies only in relation to work that is not plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011.

Note—

On the commencement of section 7 of the Plumbing and Drainage Act 2011, plumbing and drainage work to which that Act applies must be code compliant under that Act. That Act requires the work to comply with the Plumbing Code of Australia and any other standards or requirements prescribed by the regulations under that Act.

cl 138: Am 2011 No 59, Schs 2.17 [3] [5], 3.4 [2].

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.

(5)  This clause applies only in relation to work that is not plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011.

cl 139: Am 2011 No 59, Sch 3.4 [3].

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 of Division after commencement of Plumbing and Drainage Act 2011

(1)  This Division applies to any plumbing work that affects a water supply authority and which is carried out in the area of operations of Essential Energy, but not to plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011.

(2)  In this clause, plumbing work that affects a water supply authority 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.

Note—

The Plumbing and Drainage Act 2011 sets out standards and other requirements for plumbing and drainage work within the meaning of that Act.

cl 149: Am 2011 No 59, Sch 2.17 [6]. Subst 2011 No 59, Sch 3.4 [4].

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 plumbing work to which this Division applies.

working day means a day that is not a Saturday, Sunday or public holiday.

cl 150: Am 2011 No 59, Sch 3.4 [5].

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 Code of Australia.

cll 151: Am 2011 No 59, Sch 2.17 [3].

152 Plumbing work to comply with specified standards

A person must not do plumbing work otherwise than in accordance with the Plumbing Code of Australia.

Maximum penalty: 20 penalty units.

cll 152: Am 2011 No 59, Sch 2.17 [3].

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 Code of Australia.

(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.

cll 154: Am 2011 No 59, Sch 2.17 [3].

155 (Repealed)

cl 155: Rep 2011 No 59, Sch 3.4 [6].

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 Code of Australia 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.

cl 156: Am 2011 No 59, Sch 2.17 [3].

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 (Repealed)

cl 158: Rep 2011 No 59, Sch 3.4 [7].

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 Essential Energy.

166 Definitions

In this Part:

public land means:

(a)  land owned or vested in Essential 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 Essential 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 Essential 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 Essential 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 Essential 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 2012.

cl 173: Am 2012 No 96, Sch 4.50.

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 Essential 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 Essential 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 Essential 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 Essential Energy.

Maximum penalty: 10 penalty units.

180 Fees and charges

(1)  Essential 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 Essential 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 Essential Energy.

Maximum penalty: 10 penalty units.

183 Camping and picnicking

(1)  Essential 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)  Essential 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 Essential 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 Essential 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 Essential 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)  Essential Energy,

(b)  Gosford City Council,

(c)  Wyong Shire Council,

(d)  Cobar Water Board,

(e)  State Water Corporation,

(f)    (Repealed)

(g)  the Sydney Olympic Park Authority.

cl 188: Am 2011 (295), cl 3.

189 Definitions

In this Part, land means:

(a)  a parcel within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, or

(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)    (Repealed)

cl 191: Am 2012 (295), cl 3.

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 (Repealed)

cl 193: Rep 2011 (295), cl 3.

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

206  (Repealed)

pt 9, div 7, sdiv 4 (cl 206): Rep 2012 (295), cl 3.

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, or any requirements of the Plumbing and Drainage Act 2011 or the regulations made under that Act, 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.

cl 207: Am 2011 No 59, Sch 2.17 [7].

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)  Essential 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

225A Notification of damage arising in the course of plumbing work

(1)  A person who, in the course of carrying out plumbing work in the area of operations of Essential Energy, damages a work or other property of a water supply authority must immediately notify the authority of the damage.

Maximum penalty: 20 penalty units.

(2)  In this clause:

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.

cl 225A: Ins 2011 No 59, Sch 3.4 [8].

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 or a regulated river (high security) access licence exceeds the amount that is allowed to be taken:

(i)  under that licence, or

(ii)  under the order under section 85A of the Act that authorises the taking of the uncontrolled flow,

(c)  circumstances in which during a water year one or more available water determinations to credit a water allocation account for a regulated river (general security) access licence or a regulated river (high security) licence are made during or after water has been taken pursuant to an order made under section 85A of the Act that authorises the taking of water from uncontrolled flows in the same water year,

Note—

Paragraph (c) enables water to be withdrawn from a water allocation account of a regulated river (general security) access licence or a regulated river (high security) access licence where any available water determination is made during or after a period of access to uncontrolled flows. The amount to be withdrawn is the lesser of the amount of uncontrolled flow taken and the amount credited to the water allocation account as a result of any available water determinations made during or after the taking of uncontrolled flows.

(d)  circumstances in which the balance of the account exceeds the maximum volume of water allocations that may be held in the account under the management plan for the water source to which the account relates.

(1A)  One or more withdrawals may be made from a water allocation account during the water year in the circumstances referred to in subclause (1) (c) but the total amount withdrawn must not exceed the lesser of:

(a)  the total amount of uncontrolled water taken in the water year pursuant to the order, or

(b)  the total amount credited to the account in the water year in accordance with one or more available water determinations made during or after water has been taken by the licence holder pursuant to the order under section 85A of the Act.

(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.

cl 226: Am 2012 (497), Sch 1 [6].

226A Exemptions relating to taking over works—Lower Gingham PID No 1 Board

(1)  The private irrigation board Lower Gingham PID No 1 Board is exempt from section 159 (3) and (4) of the Act until the end of 30 June 2014.

(2)  In this clause:

Lower Gingham PID No 1 Board means the board of management for the Lower Gingham Private Irrigation District No 1, constituted by a proclamation published in Gazette No 57 of 1 June 2012 at pages 2270–2272.

cl 226A: Ins 2012 (439), cl 3.

226B Definition of “Ministerial action”

The issue of an access licence arising from the operation of Schedule 4 is a prescribed action for the purposes of paragraph (i) of the definition of Ministerial action in the Dictionary to the Act.

cl 226B: Ins 2012 (497), Sch 1 [7].

226C Exemptions relating to taking over works—Anabranch Water

(1)  The private irrigation board Anabranch Water is exempt from section 159 (3) and (4) of the Act until the end of 30 June 2014.

(2)  In this clause:

Anabranch Water means the board of management for the Great Anabranch of the Darling River Private Water Supply and Irrigation District, constituted by a proclamation published in Gazette No 142 of 25 November 2005 at pages 9809–9810.

cl 226C: Ins 2013 (109), cl 3.

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:

(a)  Water Management (General) Regulation 2004,

(b)  Water Management (Water Supply Authorities) Regulation 2004.

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	Aboriginal environmental
	Environmental
	(Lowbidgee)
	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]; 2012 (497), Sch 1 [8].

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:

(a)  the water sources to which the Water Sharing Plan for the Castlereagh (below Binnaway) Unregulated and Alluvial Water Sources 2011 applies,

(b)  the water sources to which the Water Sharing Plan for the North Western Unregulated and Fractured Rock Water Sources 2011 applies,

(c)  the water sources to which the Water Sharing Plan for the NSW Great Artesian Basin Shallow Groundwater Sources 2011 applies,

(d)  the water sources to which the Water Sharing Plan for the Intersecting Streams Unregulated and Alluvial Water Sources 2011 applies.

(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.