Table Of Contents

Water (Part 5—Bore Licences) Regulation 1995

1   Name of Regulation
This Regulation may be cited as the Water (Part 5—Bore Licences) Regulation 1995.
2   Commencement
This Regulation commences on 1 September 1995.
3   Definitions
(1)  In this Regulation:
the Act means the Water Act 1912.
(2)  In this Regulation, a reference to a form is a reference to a Form set out in Schedule 1.
4   Application for licence: sec 113
(1)  For the purposes of section 113 (1) of the Act, an application for a licence for a new bore or for enlarging, deepening or altering an existing bore must be in Form 1.
(2)  For the purposes of section 113 (1) of the Act, the prescribed plans to accompany an application are plans showing:
(a)  the boundaries of the land occupied by the applicant, and
(b)  the site of the bore to be licensed, and
(c)  the boundaries of any land to be irrigated, and
(d)  the boundaries of the land of any other person to be supplied with water from the proposed works.
5   Form of licence: sec 115
For the purposes of section 115 (1) of the Act, a licence under section 115 of the Act is to be in Form 2.
6   Application for renewal of licence: sec 116
An application for renewal of a licence must be in a form approved by the Ministerial Corporation.
7   Licence fees: secs 115, 116
(1)  For the purposes of sections 115 and 116 of the Act, the prescribed fee is:
(a)  $48, for the issue or renewal of a licence for an artesian bore, or
(b)  $151, for the issue or renewal of a licence for a bore, other than an artesian bore:
(i)  if the water is proposed to be used for irrigation, industrial or recreational purposes, or
(ii)  if the water is proposed to be used for town water supply purposes and not less than 60 megalitres per annum is proposed to be extracted.
(2)  If a number of bores (not being artesian bores) are used by the same licensee for town water supply purposes and not less than 60 megalitres per annum is proposed to be extracted, a total fee of $151 is payable for the issue or renewal of the licences for those bores.
8   Prescribed public authorities: sec 116A
For the purposes of section 116A (3) of the Act (nominal licence fees), the following are prescribed public authorities:
A Department of the State
Rail Corporation New South Wales
NSW Trains
Sydney Trains
Sydney Metro
Residual Transport Corporation
Forestry Corporation
Pacific Power
A council of a local government area
A county council
Any board or joint committee in respect of works of water supply affecting more than one local government area
cl 8: Am 2002 No 55, Sch 1.14; 2003 No 96, Sch 3.25; 2012 No 96, Sch 4.52; 2017 No 63, Sch 4.57; 2018 No 18, Sch 2.22.
9   Payment of licence fee: sec 116B
For the purposes of section 116B of the Act, the time prescribed for the payment of the fee for the issue or renewal of a licence is within 5 weeks after the date of notification by the Ministerial Corporation of the amount of the fee.
10   Water charges: sec 117B
(1)  For the purposes of section 117B (5) (c) of the Act, the maximum rate of the charge payable under section 117B (4) of the Act is:
(a)  if the water is used for town water supply purposes—$1.62 per megalitre, or
(b)  if the water is used for irrigation, industrial or recreational purposes—$4.85 per megalitre.
(2)  For the purposes of section 117B (5) (d) of the Act, the charge referred to in section 117B (4) of the Act must be paid to the Ministerial Corporation within one month after a notice requiring payment has been served on the licensee:
(a)  by delivering it to the licensee, or
(b)  by leaving it at the property or premises on which the licensee resides or carries on business, or
(c)  by leaving it with a person apparently over the age of 14 years and apparently resident or employed on the property or premises on which the licensee resides or carries on business, or
(d)  by posting it to the licensee at the usual or last known place of residence or business of the licensee.
(3)  For the purposes of section 117B (8A) (a) of the Act, the prescribed rate of interest is the rate prescribed under section 101 of the Civil Procedure Act 2005 with respect to the payment of interest on a judgment debt.
cl 10: Am 2005 No 28, Sch 5.50.
11   Payment of charges into Consolidated Fund: sec 128
For the purposes of section 128 of the Act, all charges payable under Part 5 of the Act must be paid into the Consolidated Fund at the times and in the manner directed by the New South Wales Treasury Corporation.
12   Repeal
(1)  The Water (Part 5) General Regulations are repealed.
(2)  Any act, matter or thing that, immediately before the repeal of the Water (Part 5) General Regulations, had effect under those Regulations is taken to have effect under this Regulation.
Schedule 1 Forms
Form 1
(Clause 4)
APPLICATION FOR A BORE LICENCE UNDER PART 5 OF THE WATER ACT 1912
(Section 113, Water Act 1912)
SECTION 1
Applicant(s):
Surname: .........................First Names: ............................................................
Surname: .........................First Names: ............................................................
Postal Address: ............................................................
.................... Post Code: .......... Telephone: ............................................................
Property Address: ............................................................
.................... Post Code: .......... Telephone: ............................................................
Location of work to be licensed
Portion/Lot/DP
Parish
County
   
Nature of work to be licensed
□ Proposed
□ Alteration
Proposed depth in metres
□ Existing
Is work to replace an abandoned work?
Is work to be altered already licensed?
Is application replacing an existing licence?
□ Yes   □ No
□ Yes   □ No
□ Yes   □ No
Details
 
Type of work
□ Bore
□ Well
□ Excavation
□ Spearpoints(s)
□ Artesian bore
□ Test bore
Ultimate purpose for which water is to be used from the completed or converted work
□ Stock
□ Waste disposal
□ Irrigation
□ Sand and gravel washing
Estimated annual usage in megalitres
□ Domestic
 
□ Town water
 
□ Farming (Not irrigation)
□ Drainage
□ Recreation
□ Industrial/ commercial
 
    
□ Mining
 
If application purpose is for town water, please provide in a separate sheet details of ALL existing town water bores and wells including: Bore No., Licence No., annual allocation and usage in megalitres.
Complete if other landholders to be supplied with water
Name
Portion/ Lot/DP
Parish
County
Purpose of supply
     
SECTION 2 (complete this section if the application includes irrigation)
Description of property (from your rate notice or local Council)
Portion/ Lot/DP
Parish
County
Total area in hectares
Is the property leased?
    
□ Yes   □ No
Details of crops to be irrigated
□ Orchard
□ Vines
□ Other
Area in hectares
Any other irrigation from bores and wells
Number of bores and wells
Type of crop(s)
Area in hectares
Any other irrigation
From rivers, lakes etc
Area authorised
From Ministerial Corporation channels
Area authorised
□ Yes   □ No
 
□ Yes   □ No
 
Details




I/We apply for a licence to construct and use the works described above and to use the water obtained only for the purpose specified in the application.
Attached are:
1.  PLANS showing:
(a)  the boundaries of the land occupied by me/us;
(b)  the site of the bore to be licensed;
(c)  the boundaries of any land to be irrigated;
(d)  the boundaries of the land of any other person to be supplied with water from the proposed works.
2.  The prescribed FEE of $          .
Dated this                      day of                 19     .
Signature/s of applicant/s
Water Administration Ministerial Corporation.
Form 2
(Clause 5)
BORE LICENCE
(Section 115, Water Act 1912)
Date Issued                                          No.
Name and address of Licensee:
LOCATION OF LICENSED BORE
Portion/Lot/DP:
Parish:
County:
Nature and description of bore:
Purposes for which water may be used:
LOCATION OF LAND TO BE IRRIGATED
Portion/Lot/DP:
Parish:
County:
Area to be Irrigated:
hectares
Period for which licence is issued:
years
Volume of water which may be taken annually:
megalitres
The bore described above and referred to in the application and plans deposited by the licensee is declared to be a licensed bore under the Water Act 1912.
This licence is subject to the terms, limitations and conditions, if any, set out in the attached statement.