Part 1 Preliminary
1 Name of Regulation
This Regulation is the Water (Part 2—General) Regulation 1997.
2 Commencement
This Regulation commences on 22 August 1997.
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 3.
4 Notes
The explanatory note and table of contents do not form part of this Regulation.
5 Extension of definition of “River”
For the purposes of paragraph (c) of the definition of River in section 5 (1) of the Act, that part of the Gol Gol Channel shown hatched black on the map marked “DWR Plan No 44/623”, a copy of which is deposited in the Parramatta Office of the Department of Land and Water Conservation, is prescribed as being a river.
5A Streams of water not within definition of “River”
For the purposes of the definition of River in section 5 (1) of the Act, the following streams of water are prescribed as not being rivers:Barratta Creek, as shown on Central Mapping Authority map entitled “Morago 7827–II & III” (First Edition 1:50 000 Topographic Series)Box Creek Escape Channel, as shown on Central Mapping Authority map entitled “Morago 7827–II & III” (First Edition 1:50 000 Topographic Series)cl 5A: Ins 9.4.1998.
Part 2 Licences, permits and authorities
Division 1 Applications for licences, permits or authorities
6 Application forms
An application under a section of the Act specified in Column 1 of Schedule 1 must be in the form specified in Column 2 of that Schedule opposite that section.
7 Deposits to be lodged with applications
A deposit of $30 must be lodged with the following applications:(a) applications for licences under sections 10, 13 and 13A of the Act,(b) applications for authorities for joint water supply schemes under section 20 of the Act,(c) applications for group licences under section 20K of the Act.
Division 2 Form of licence
8 Form of licence
(1) A licence under section 12 or 13 of the Act must be in Form 8.(2) A licence under section 13A of the Act must be in Form 9.
Division 3 Fees and charges
9 Fees for licences, authorities, permits and renewals
(1) The fees payable for licences, authorities for joint water supply schemes, group licences and permits (and for their renewal) are to be calculated in accordance with Schedule 2.(2) A fee covers the period for which a licence, authority, group licence or permit is issued or renewed.
10 Refunds of fees
(1) The Ministerial Corporation may refund a part of the last fee paid for a revoked, cancelled or modified licence, authority for a joint water supply scheme or group licence.(2) A refund may only be paid to a person who is an applicant for a further licence or authority in respect of works on (or on land including) the same land as the land on which the works the subject of the revoked, cancelled or modified licence or authority were situated.(3) The maximum refund payable is an amount that bears such proportion to the amount paid for the licence or authority as the residue of the period for which it was granted bears to its total period.
11 Time for payment of fees
A fee must be paid:(a) within 5 weeks after the Ministerial Corporation notifies the applicant of the amount of the fee, or(b) if an appeal or objection is lodged—within one week after a decision on the appeal or objection is made, or(c) if the Ministerial Corporation extends the period within which the fee must be paid—within that extended period.
12 Fees for transfer of water allocations
(1) For the purposes of section 20AJ of the Act, the fee for the transfer of a water allocation is:(a) $250 in respect of a transfer applied for under section 20AI (1) of the Act, or(b) $75 in respect of a temporary transfer applied for under section 20AI (2) of the Act.(2) A fee is to be lodged with the application for the transfer.(3) The Ministerial Corporation may refund the whole or part of the fee:(a) if the application is withdrawn before determination or is rejected by the Corporation, or(b) in such other circumstances as the Corporation considers appropriate.cll 12: Am 9.4.1998.
13 Maximum charges under section 22C of the Act
For the purposes of section 22C (4) (b) of the Act, the maximum rate in respect of all works and methods of obtaining water is $21 per megalitre of water where the water is taken and used for any one or more of the following purposes:(a) irrigation,(b) water supply for stock,(c) mining,(d) recreation,(e) carrying on any industrial operation,(f) town water supply.cll 13: Am 9.4.1998.
14 Times and manner of payment of charges (section 22C (4) (c) of the Act)
(1) A charge referred to in section 22C of the Act may be paid by instalments if the Ministerial Corporation so determines.(2) The number of instalments and the amounts of the instalments are to be as determined by the Ministerial Corporation.(3) A charge or an instalment must be paid to the Ministerial Corporation within one month after a notice requiring payment has been served on the licensee or holder of the authority or permit.(4) The notice must be served:(a) personally, or(b) by leaving it at the property or premises on which the licensee or holder resides or carries on business (or by leaving it with a person seemingly above the age of 14 years and apparently resident or employed on the property or premises), or(c) by posting it by prepaid letter addressed to the licensee or holder at his or her place of residence or business last known to the Ministerial Corporation.
15 Interest on overdue charges
For the purposes of section 22C (6A) (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 15: Subst 2005 No 28, Sch 5.49.
Part 3 Transfer of certain water rights
Division 1 Preliminary
16 Definitions
In this Part:entitlement means a licence, authority or group licence under Part 2 of the Act.permanent transfer means a transfer (other than a temporary transfer) of rights to take and use water.temporary transfer means a transfer of rights to take and use water:(a) for a period that does not exceed 5 years, or(b) for a period that (when aggregated with the period or periods for which any other transfer or transfers has or have been obtained by the transferee under this Part or under Part 4 of the Regulations repealed by this Regulation) does not exceed 5 years.transferee means the person or body to which any rights to take and use water under an entitlement are transferred by operation of a provision of this Part.transferor means the person or body from which any rights to take and use water under an entitlement held by that person or body are transferred by operation of a provision of this Part.water source means:(a) a river, lake or section of a river, or(b) a combination of 2 or more of them.cl 16: Am 2009 (602), Sch 1 [1].
17 Application of Part
(1) This Part applies to transfers, between holders of entitlements or between the holder of an entitlement and a person who is an applicant for an entitlement, of rights to take and use water from a water source that is not the subject of a volumetric water allocations scheme under Division 4B of Part 2 of the Act.(2) This Part applies only to a water source that the Ministerial Corporation has determined to be subject to this Part.(3) (Repealed)cl 17: Am 22.3.2002; 2009 (602), Sch 1 [2].
18 Transfer of water rights
(1) The holder of an entitlement (other than the Ministerial Corporation) may transfer the whole or part of the holder’s rights to take and use water under the entitlement:(a) subject to the approval of the Ministerial Corporation, to the holder of another entitlement or (in the case of a permanent transfer) to a person who is an applicant for an entitlement, or(b) to the Ministerial Corporation, by notice in writing given to the Ministerial Corporation.(2) The Ministerial Corporation, as holder of an entitlement, may transfer, on the application of the transferee, the whole or part of the Ministerial Corporation’s rights to take and use water under the entitlement to the holder of another entitlement or (in the case of a permanent transfer) to a person who is an applicant for an entitlement.cl 18: Am 22.3.2002. Subst 2009 (602), Sch 1 [3].
Division 2 Applications for transfers
18A Application of Division
This Division does not apply to a transfer from the holder of an entitlement to the Ministerial Corporation of rights to take and use water.cl 18A: Ins 2009 (602), Sch 1 [4].
19 Applications for transfer generally
(1) An application for a transfer of rights to take and use water must be in a form approved by the Ministerial Corporation.(2) The Ministerial Corporation may, in relation to an application:(a) require the transferor to provide specified information and consents, and(b) require the transferee to provide specified information and evidence.(3) Subclause (2) (a) does not apply to a transfer from the Ministerial Corporation to another person or body of rights to take and use water.cl 19: Am 2009 (602), Sch 1 [5].
20 Applications for permanent transfer
An application for a permanent transfer of rights to take and use water must be accompanied by an application by the transferee for a new entitlement (or, if the transferee is the holder of an authority or a group licence, for an amended entitlement) that comprises or includes the rights to be transferred.
21 Applications for temporary transfer
An application for a temporary transfer of rights to take and use water may only be approved by the Ministerial Corporation if the transferee is the holder of an existing entitlement.
22 Application fees
(1) An application for a permanent transfer of rights to take and use water must be accompanied by a fee of $275.(2) An application for a temporary transfer of rights to take and use water must be accompanied by a fee of $90.(3) The Ministerial Corporation may refund the whole or part of a fee:(a) if the application is withdrawn before determination or is rejected by the Corporation, or(b) in such other circumstances as the Corporation considers appropriate.
23 Approval of applications
(1) In determining whether or not to approve a transfer of rights to take and use water, the Ministerial Corporation may take into consideration such matters as it thinks fit, including (without limiting the matters that may be considered):(a) the social and economic effects that a transfer would have if approved, and(b) whether there has been a history of water usage (and, if so, the extent of that usage) under the transferor’s entitlement, and(c) the impact on the flow and water quality of the water source that a transfer would have if approved.(2) The Ministerial Corporation may, as a condition of its approval, require the transferor to surrender permanently part of the transferor’s rights to take and use water under the entitlement.
Division 3 General
24 Giving effect to transfers of rights
(1) A permanent transfer of rights to take and use water between the holder of an entitlement and a person other than the Ministerial Corporation is to be effected by the issue of a new entitlement to the transferee.(2) A temporary transfer of rights to take and use water between the holder of an entitlement and a person other than the Ministerial Corporation is to be effected by altering the conditions to which the entitlements of the transferor and transferee are subject.(3) A permanent or temporary transfer of rights to take and use water between a holder of an entitlement and the Ministerial Corporation is to be effected, after the receipt of the relevant notice referred to in clause 18 (1) (b) or the approval of the relevant application referred to in clause 23, by:(a) the issue of a new entitlement to the transferee, or(b) altering the conditions to which the entitlements of the transferor and transferee are subject.(4) The Ministerial Corporation may refuse to give effect to a transfer of rights to take and use water to or from the Ministerial Corporation for any or no reason.cl 24: Am 2009 (602), Sch 1 [6] [7].
25 Superseded rights to take and use water
(1) The rights of a transferor to take and use water under an entitlement are, on completion of the transfer of the rights, abated to the extent of the transfer and any surrender under a condition of the approval of the transfer.(2) Any such abatement:(a) is to be in the form of:(i) a reduction of the area in relation to which the entitlement authorises the holder to take and use water, oror in such other form as may be determined by the Ministerial Corporation, and(ii) a modification of the conditions of the entitlement,(b) has effect for the approved period of the transfer.(3) The Ministerial Corporation may cancel the entitlement of a transferor if all the rights to take and use water under the entitlement are permanently transferred.
26 Transfer zones
(1) The Ministerial Corporation may from time to time determine areas as transfer zones for the purposes of this Part.(2) The Corporation may refuse to approve a transfer of rights to take and use water in respect of locations that are within different transfer zones if it is satisfied that:(a) the transfer would result in the transferee’s transfer zone being subjected to an unacceptable commitment, and(b) any conditions determined by the Corporation have not been complied with.
Part 4 Miscellaneous
27 Public authorities
The following are prescribed as public authorities for the purposes of sections 14A, 18M and 22A of the Act:A Department of the StateRail Corporation New South WalesNSW TrainsSydney TrainsSydney MetroResidual Transport CorporationForestry CorporationA local councilA county councilcl 27: Am 2002 No 55, Sch 1.13; 2003 No 96, Sch 3.24; 2012 No 96, Sch 4.51; 2017 No 63, Sch 4.56; 2018 No 18, Sch 2.21.
28 Declared trusts (definition of “trust” in sections 20V (1) and 22C (1) of the Act)
The following trusts (constituted under Part 3 of the Act) are declared to be trusts to which Division 4B of Part 2 and section 22C of the Act apply:Bama Irrigation TrustBringan Irrigation TrustBullatale Creek Water TrustBungunyah-Koraleigh Irrigation TrustGlenview Irrigation TrustGoodnight Irrigation TrustLittle Merran Creek Water TrustPomona Irrigation TrustWest Cadell Irrigation Trust
29 Prescribed period for temporary transfer of water allocations
For the purposes of section 20AI (3) (a) of the Act, the period of 5 years is prescribed.
30 Prescribed uses under section 22C of the Act
For the purposes of section 22C (3) (a) of the Act, the following are prescribed uses:(a) mining,(b) recreation,(c) town water supply,(d) domestic.cl 30: Am 9.4.1998.
31 Annual returns as to land irrigated
(1) The holder of a licence or a group licence and each of the holders of an authority for a joint water supply scheme must furnish to the Ministerial Corporation, during the month of July in each year, a return in a form provided by the Corporation.(2) The return must include the following particulars in respect of the preceding 12 months:(a) the area of land irrigated,(b) each class of crop irrigated,(c) the method of irrigation,(d) the number of hours during which pumping or diversion has been carried on in each month,(e) the size of the pump or diversion work and the type of motive power.Maximum penalty: 10 penalty units.
32 Repeal
(1) The Water (Part 2) Regulations are repealed.(2) Any act, matter or thing that, immediately before the repeal of the Water (Part 2) Regulations, had effect under those Regulations continues to have effect under this Regulation.
Schedule 1 Applications
(Clause 6)
(In this Schedule, approved form means a form approved by the Ministerial Corporation.)Column 1 | Column 2 | |
Section of Act | Form | |
Section 10 | Application for a licence (single occupier) | Form 1 |
Section 13 | Application for a licence (2 or more occupiers) | Approved form |
Section 13A | Application for a licence (applicant not occupier of land on which work to be constructed) | Form 2 |
Section 14 | Application for renewal of a section 12 or 13A licence | Approved form |
Section 18F | Application for a permit | Form 3 |
Section 18J | Application for renewal of a permit | Approved form |
Section 20 | Application for an authority for a joint water supply scheme | Form 4 |
Section 20C | Application for renewal of a section 20 authority | Approved form |
Section 20CA | Application for an authority for a joint water supply scheme (applicants not occupiers of land on which work to be constructed) | Form 5 |
Section 20CB | Application for renewal of section 20CA authority | Approved form |
Section 20E (2) | Application for an amended authority for a joint water supply scheme | Approved form |
Section 20K | Application for a group licence | Form 6 |
Section 20O | Application for renewal of a group licence | Approved form |
Section 20Q | Application for an amended group licence | Form 7 |
Schedule 2 Fees
(Clause 9)
1 Interpretation
For the purposes of this Schedule, works to which Part 2 of the Act extends are classified as follows:Class 1. Works for the purpose of taking water for use, including:(a) pumping machinery and other water lifting appliances, and(b) channels (whether artificial channels or natural channels artificially improved).Class 2. Works for the purpose of storing water for use, including dams, weirs and regulators.Class 3. Works not included in Class 1 or 2.
2 Fees for licences and renewals
(1) The fee for a licence or a renewal of a licence in respect of a Class 1 work is, if the work is:(a) for town or village water supplies or recreational requirements—$95, or(b) for stock watering, railway, industrial, power or mining purposes, where the work will deliver water at a rate (in litres per second) that is specified in Column 1 of Table 1—the amount specified in Column 2 of that Table opposite the rate so specified, or(c) for irrigation purposes, where the land to be irrigated has an area (in hectares) that is specified in Column 1 of Table 2—the amount specified in Column 2 of that Table opposite the area so specified, or(d) for domestic purposes—$60, or(e) for farming purposes other than irrigation or stock water supply—$37.(2) The fee for an additional licence under section 18 (2) of the Act or a renewal of such a licence that is to be issued subject to a condition that water may only be diverted by a work under the licence or renewal when the flow in a river exceeds a certain flow, is, where the additional land to be irrigated has an area (in hectares) that is specified in Column 1 of Table 3—the amount specified in Column 2 of that Table opposite the area so specified.(3) The fee for a licence or a renewal of a licence in respect of Class 2 work is, if the work is for:(a) domestic, stock or recreational requirements—$95, or(b) irrigation, generation of power, industrial purposes or mining—$117.(4) The fee for a licence or a renewal of a licence in respect of Class 3 work is $117.(5) The fee for a licence for works that are, in the opinion of the Ministerial Corporation, combined works (or for a renewal of such a licence) is the higher or highest of the fees that would be payable under this clause if a licence were to be issued or renewed for each work.(6) Section 14A of the Act provides that licences for certain works carried out by prescribed public authorities may, in the discretion of the Ministerial Corporation, be issued and renewed at a nominal fee.
3 Fees for authorities and renewals
(1) In this clause, means an authority under Division 4 of Part 2 of the Act.(2) Subject to subclause (3), the fee for an authority or a renewal of an authority in respect of a Class 1 work is, if the work is:(a) for town or village water supplies or recreational requirements—$95, or(b) for stock watering, railway, industrial, power or mining purposes, where the work will deliver water at a rate (in litres per second) that is specified in Column 1 of Table 1—the amount specified in Column 2 of that Table opposite the rate so specified, or(c) for irrigation purposes, where the land to be irrigated has an area (in hectares) that is specified in Column 1 of Table 2—the amount specified in Column 2 of that Table opposite the area so specified, or(d) for domestic purposes—$60, or(e) for farming purposes other than irrigation or stock water supply—$37.(3) The fee for an authority or a renewal of an authority that is to be issued for irrigation purposes subject to a condition that water may only be diverted by a work under the authority or renewal when the flow in a river exceeds a certain flow, is, where the land to be irrigated has an area (in hectares) that is specified in Column 1 of Table 3—the amount specified in Column 2 of that Table opposite the area so specified.(4) A fee for an authority or a renewal of an authority is only to be calculated in accordance with subclause (3) if the authority is designated by the Ministerial Corporation as a “high-flow” authority.(5) The fee for an authority or a renewal of an authority in respect of a Class 2 work is, if the work is for:(a) domestic, stock or recreational requirements—$95, or(b) irrigation, generation of power, industrial purposes or mining—$117.(6) The fee for an authority or a renewal of an authority in respect of a Class 3 work is $117.(7) If an authority or a renewal of an authority is to be issued in respect of more than one work, the fee for the authority or renewal is the higher or highest of the fees that would be payable under this clause if an authority were to be issued for each separate work in respect of which the authority or renewal is to be issued.
4 Fees for group licences and renewals
(1) The fee for a group licence or a renewal of a group licence in respect of a Class 1 work is, if the work is:(a) for a domestic or stock watering purposes, where the work will deliver water at a rate (in litres per second) that is specified in Column 1 of Table 1—the amount specified in Column 2 of that Table opposite the rate so specified, or(b) for irrigation purposes, where the land to be irrigated has an area (in hectares) that is specified in Column 1 of Table 2—the amount specified in Column 2 of that Table opposite the area so specified.(2) The fee for a group licence or a renewal of a group licence in respect of a Class 2 work is, if the work is for:(a) domestic or stock requirements—$95, or(b) irrigation—$117.(3) The fee for a group licence or a renewal of a group licence in respect of a Class 3 work is $117.(4) If a group licence or a renewal of a group licence is to be issued in respect of more than one work, the fee for the group licence or renewal is the higher or highest of the fees that would be payable under this clause if a group licence were to be issued for each separate work in respect of which the group licence or renewal is to be issued.
5 Fees for permits and renewals
(1) The fee for a permit or renewal is:(a) if the period does not exceed 3 months—$6, or(b) if the period exceeds 3 months and does not exceed 6 months—$14, or(c) if the period exceeds 6 months and does not exceed 9 months—$21, or(d) if the period exceeds 9 months—$29.(2) Section 18M of the Act provides that licences for certain works carried out by prescribed public authorities may, in the discretion of the Ministerial Corporation, be issued and renewed at a nominal fee.
Table 1
Column 1 | Column 2 |
Rate in litres per second | Amount in dollars |
Not exceeding 50 | 113 |
Exceeding 50 but not exceeding 57.5 | 126 |
Exceeding 57.5 but not exceeding 65 | 136 |
Exceeding 65 but not exceeding 72.5 | 144 |
Exceeding 72.5 but not exceeding 80 | 153 |
Exceeding 80 but not exceeding 87.5 | 159 |
Exceeding 87.5 but not exceeding 95 | 166 |
Exceeding 95 but not exceeding 102.5 | 172 |
Exceeding 102.5 but not exceeding 110 | 177 |
Exceeding 110 but not exceeding 117.5 | 183 |
Exceeding 117.5 but not exceeding 125 | 189 |
Exceeding 125 but not exceeding 132.5 | 194 |
Exceeding 132.5 but not exceeding 140 | 200 |
Exceeding 140 but not exceeding 147.5 | 207 |
Exceeding 147.5 but not exceeding 155 | 213 |
Exceeding 155 but not exceeding 162.5 | 218 |
Exceeding 162.5 but not exceeding 170 | 224 |
Exceeding 170 but not exceeding 177.5 | 230 |
Exceeding 177.5 but not exceeding 185 | 235 |
Exceeding 185 but not exceeding 192.5 | 242 |
Exceeding 192.5 but not exceeding 200 | 248 |
Exceeding 200 but not exceeding 207.5 | 254 |
Exceeding 207.5 but not exceeding 215 | 260 |
Exceeding 215 but not exceeding 222.5 | 265 |
Exceeding 222.5 but not exceeding 230 | 271 |
Exceeding 230 | $271 plus $4 for each additional 7.5 litres per second or part thereof by which the rate exceeds 230 litres per second |
Table 2
Column 1 | Column 2 |
Area in hectares | Amount in dollars |
Not exceeding 4 | 113 |
Exceeding 4 but not exceeding 6 | 127 |
Exceeding 6 but not exceeding 8 | 142 |
Exceeding 8 but not exceeding 10 | 156 |
Exceeding 10 but not exceeding 12 | 171 |
Exceeding 12 but not exceeding 14 | 184 |
Exceeding 14 but not exceeding 16 | 198 |
Exceeding 16 but not exceeding 18 | 213 |
Exceeding 18 but not exceeding 20 | 226 |
Exceeding 20 but not exceeding 22 | 241 |
Exceeding 22 but not exceeding 24 | 254 |
Exceeding 24 but not exceeding 26 | 269 |
Exceeding 26 but not exceeding 28 | 283 |
Exceeding 28 but not exceeding 30 | 297 |
Exceeding 30 but not exceeding 32 | 311 |
Exceeding 32 but not exceeding 34 | 326 |
Exceeding 34 but not exceeding 36 | 340 |
Exceeding 36 but not exceeding 38 | 355 |
Exceeding 38 but not exceeding 40 | 369 |
Exceeding 40 but not exceeding 42 | 381 |
Exceeding 42 but not exceeding 44 | 393 |
Exceeding 44 but not exceeding 46 | 404 |
Exceeding 46 but not exceeding 48 | 413 |
Exceeding 48 but not exceeding 50 | 425 |
Exceeding 50 but not exceeding 52 | 436 |
Exceeding 52 but not exceeding 54 | 445 |
Exceeding 54 but not exceeding 56 | 456 |
Exceeding 56 but not exceeding 58 | 468 |
Exceeding 58 but not exceeding 60 | 477 |
Exceeding 60 but not exceeding 62 | 488 |
Exceeding 62 but not exceeding 64 | 500 |
Exceeding 64 but not exceeding 66 | 509 |
Exceeding 66 but not exceeding 68 | 520 |
Exceeding 68 but not exceeding 70 | 531 |
Exceeding 70 but not exceeding 72 | 541 |
Exceeding 72 but not exceeding 74 | 552 |
Exceeding 74 but not exceeding 76 | 563 |
Exceeding 76 but not exceeding 78 | 573 |
Exceeding 78 but not exceeding 80 | 584 |
Exceeding 80 but not exceeding 82 | 594 |
Exceeding 82 but not exceeding 84 | 601 |
Exceeding 84 but not exceeding 86 | 610 |
Exceeding 86 but not exceeding 88 | 616 |
Exceeding 88 but not exceeding 90 | 623 |
Exceeding 90 but not exceeding 92 | 630 |
Exceeding 92 but not exceeding 94 | 637 |
Exceeding 94 but not exceeding 96 | 644 |
Exceeding 96 but not exceeding 98 | 651 |
Exceeding 98 but not exceeding 100 | 658 |
Exceeding 100 but not exceeding 102 | 665 |
Exceeding 102 but not exceeding 104 | 673 |
Exceeding 104 but not exceeding 106 | 680 |
Exceeding 106 but not exceeding 108 | 687 |
Exceeding 108 but not exceeding 110 | 693 |
Exceeding 110 but not exceeding 112 | 701 |
Exceeding 112 but not exceeding 114 | 707 |
Exceeding 114 but not exceeding 116 | 715 |
Exceeding 116 but not exceeding 118 | 722 |
Exceeding 118 but not exceeding 120 | 729 |
Exceeding 120 but not exceeding 122 | 736 |
Exceeding 122 but not exceeding 124 | 743 |
Exceeding 124 but not exceeding 126 | 750 |
Exceeding 126 but not exceeding 128 | 758 |
Exceeding 128 but not exceeding 130 | 765 |
Exceeding 130 but not exceeding 132 | 771 |
Exceeding 132 but not exceeding 134 | 779 |
Exceeding 134 but not exceeding 136 | 785 |
Exceeding 136 but not exceeding 138 | 793 |
Exceeding 138 but not exceeding 140 | 800 |
Exceeding 140 but not exceeding 142 | 807 |
Exceeding 142 but not exceeding 144 | 814 |
Exceeding 144 but not exceeding 146 | 820 |
Exceeding 146 but not exceeding 148 | 829 |
Exceeding 148 but not exceeding 150 | 835 |
Exceeding 150 but not exceeding 152 | 843 |
Exceeding 152 but not exceeding 154 | 849 |
Exceeding 154 but not exceeding 156 | 857 |
Exceeding 156 but not exceeding 158 | 864 |
Exceeding 158 but not exceeding 160 | 871 |
Exceeding 160 but not exceeding 162 | 878 |
Exceeding 162 | $878 plus $5 for each additional 2 hectares or part thereof by which the area exceeds 162 hectares |
Table 3
Column 1 | Column 2 |
Area in hectares | Amount in dollars |
Not exceeding 41 | 142 |
Exceeding 41 but not exceeding 82 | 179 |
Exceeding 82 but not exceeding 123 | 217 |
Exceeding 123 but not exceeding 164 | 255 |
Exceeding 164 but not exceeding 205 | 293 |
Exceeding 205 but not exceeding 246 | 330 |
Exceeding 246 but not exceeding 287 | 369 |
Exceeding 287 but not exceeding 328 | 406 |
Exceeding 328 but not exceeding 369 | 443 |
Exceeding 369 but not exceeding 410 | 482 |
Exceeding 410 | $482 plus $142 for each additional 202 hectares or part thereof by which the area exceeds 410 hectares |
Schedule 3 Forms
Form 1 Application under section 10 of the Water Act 1912 for a licence
(Clause 6)
Application No
Surname | Other Names | Please use block letters |
Postal Address | ||
Name of river, creek, watercourse, billabong, lake, lagoon etc | ||
Means of taking water, eg gravitation, pumping etc |
Particulars of works to be licensed | Site of works to be licensed | |||
Portion No | Parish | County | ||
State whether pump, dam, race, levee, cutting etc | ||||
What right of occupation of this site do you hold |
Details of area, if any, to be irrigated by this work | Area | Portion No | Parish | County |
Type of Crop | ||||
hectares | ||||
Size and type of pump or size of diversion pipe or channel etc | |
Maximum rate at which water may be taken by means of the works (litres/second) | |
Estimated quantity of water proposed to be taken annually (megalitres) |
Purpose of Works | Purpose for which water is to be used | |||
□ Water Conservation | □ Drainage | Water Supply for: | ||
□ Irrigation | □ Prevention of inundation | □ Irrigation | □ Mining | □ Domestic |
□ Water Supply | □ Stock | □ Industrial | ||
□ Changing the course of a river | If for any other purpose give details: | |||
(tick appropriate square) | ||||
If water to be used for irrigation state:
| |
Name/s of local newspaper/s circulating in the district |
Names of any other landholders to be supplied with water, the location of their lands to be supplied and the purpose for which water will be used:
Name | Portion No | Parish | County | Purpose of Supply |
I, of
apply for a licence to construct and use the works described and to take, use and dispose of the water, if any, conserved or obtained for the purpose specified in this application and attach:
apply for a licence to construct and use the works described and to take, use and dispose of the water, if any, conserved or obtained for the purpose specified in this application and attach:
(a) a PLAN showing the boundaries of the land occupied by me, the site of the work to be licensed, the land, if any, to be irrigated and the boundaries of the land of any other person to be supplied with water, and
(b) a deposit of $ as security for the cost of investigation and inquiry in connection with the application.
Dated this day of 19
.........................(Signature of Applicant) |
Form 2 Application under section 13A of the Water Act 1912 for a licence
(Clause 6)
Application No
Surname | Other Names | Please use block letters |
Postal Address | ||
Name of river, creek, watercourse, billabong, lake, lagoon etc | ||
Means of taking water, eg gravitation, pumping etc | ||
Description of SUPPLY WORKS—state whether dam, pump, levee etc | ||
Type and size of pump or size of diversion pipe or channel etc |
Location and extent of lands on which SUPPLY WORKS are to be constructed
Portion No | Parish | County | Area | Name and address of OWNER | Name and address of OCCUPIER |
Particulars, giving sizes, capacities and grades of any channel, flume, pipe, conduit of other work in which water is to be conveyed from the supply work to the land to be supplied with water (longitudinal and cross-sectional plans of any channel to be attached) |
Location and extent of lands on which CONVEYING WORKS are to be constructed
Portion No | Parish | County | Area | Name and address of OWNER | Name and address of OCCUPIER |
Maximum rate at which water may be taken by means of the supply work (litres/second) | |||
Estimated quantity of water proposed to be taken annually (megalitres) | |||
Purpose for which water is to be used | Water Supply for: | ||
□ Irrigation | □ Stock | □ Domestic | |
(tick appropriate square) | |||
Details of APPLICANT’S LAND to which water is to be supplied
Portion No | Parish | County | Nature of applicant’s tenure of this land |
Details of APPLICANT’S LAND, if any, which is to be irrigated by these works
Type of Crop | Area | Portion No | Parish | County |
hectares | ||||
If water to be used for irrigation state:
| |
Name/s of local newspaper/s circulating in the district |
I, of
the occupier of the land firstly described, wishing to construct and use the supply work and conveying works described for the purpose mentioned, and being unable to obtain occupation of the whole of the land required for the works, apply for a licence to construct the supply work and to take and use for the purpose the water obtained.
the occupier of the land firstly described, wishing to construct and use the supply work and conveying works described for the purpose mentioned, and being unable to obtain occupation of the whole of the land required for the works, apply for a licence to construct the supply work and to take and use for the purpose the water obtained.
I attach a plan showing:
(a) the location of the land to be supplied with water in relation to the river, creek, watercourse, billabong, lake, lagoon etc, from which the water supply is to be obtained and the portion of that land which I propose to irrigate, and
(b) the location of the land on which the supply work and the conveying works are proposed to be constructed, and
(c) the positions of the proposed supply work and conveying works.
I also attach plans showing longitudinal and cross-sections of all channels proposed to be constructed to convey water from the supply work to the land to be supplied with water.
I enclose a deposit of $ as security for the cost of investigation and inquiry in connection with the application.
Dated this day of 19
.........................(Signature of Applicant) |
Form 3 Application under Part 2 of the Water Act 1912 for a permit
(Clause 6)
Application No
Surname | Other Names | Please Use Block Letters |
Postal Address | ||
Name of river, creek, watercourse, billabong, lake, lagoon etc | ||
Means of taking water, eg gravitation, pumping etc |
Details of works for which permit is required
Particulars of Works | Portion No | Parish | County | |
State whether pump, dam, race, levee, cutting etc | ||||
What right of occupation of the site of the proposed works do you hold? | ||||
Details of area, if any, to be irrigated—MAXIMUM AREA ALLOWED 4 HECTARES
Type of Crop | Area | Portion No | Parish | County |
hectares | ||||
Size and type of pump or size of diversion pipe or channel etc | ||||
Purpose of Works | Purpose for which water is to be used | |||
□ Water Conservation | □ Drainage | Water Supply for: | ||
□ Irrigation | □ Prevention of inundation | □ Irrigation | □ Mining | □ Domestic |
□ Water Supply | □ Stock | □ Industrial | ||
□ Changing the course of a river | If for any other purpose give details: | |||
(tick appropriate square) | ||||
Period for which permit is required | □ 3 months | □ 9 months | ||
□ 6 months | □ 12 months | |||
(tick appropriate square) | ||||
I, of ,
being the owner or occupier of the land described, apply for a PERMIT to construct and use the works described and to take and dispose of the water obtained for the purpose specified. I attach a PLAN showing the boundaries of the land owned or occupied by me, the site of the work for which a permit is required and the land, if any, to be irrigated.
being the owner or occupier of the land described, apply for a PERMIT to construct and use the works described and to take and dispose of the water obtained for the purpose specified. I attach a PLAN showing the boundaries of the land owned or occupied by me, the site of the work for which a permit is required and the land, if any, to be irrigated.
Dated this day of 19
.........................(Signature of Applicant) |
Form 4 Application under section 20 of the Water Act 1912 for an authority for a joint water supply scheme
(Clause 6)
Application No
Surnames | Other Names | Postal Addresses | Please Use Block Letters |
Name of person and postal address to which correspondence and Water Diversion Returns are to be sent | |
Name of river, creek, watercourse, billabong, lake, lagoon etc | |
Means of taking water, eg gravitation, pumping etc |
Details of land of each occupier to be supplied with water
Occupier | Portion No | Parish | County | Tenure |
Details of works by which water is to be taken
Particulars of Works | Portion No | Parish | County | Maximum rate at which water may be taken | |
State whether pump, dam, race, levee, cutting etc | litres/second | ||||
Type and size of pump or size of diversion pipe or channel etc | |||||
Particulars, giving sizes, capacities and grades of any channel, flume, pipe, conduit or other work in which water is to be conveyed to the land of each occupier (longitudinal and cross-sectional plans of any channel to be attached) | |||||
Purpose for which water is to be used | Water Supply for: | ||||
(tick appropriate square) | □ Irrigation | □ Mining | □ Domestic | ||
□ Stock | □ Industrial | ||||
If for any other purpose give details: | |||||
Details of crops, if any, to be irrigated by each occupier
Occupier | Type of crop | Area | Total area to be irrigated by each occupier |
hectares | hectares | ||
Total area to be irrigated by all applicants: | |||
hectares | |||
Estimated quantity of water proposed to be taken annually (megalitres) | |||
Occupier | Estimated quantity of water proposed to be delivered annually | Particulars of rates and times at which water is proposed to be delivered to each occupier | Particulars of any other matters affecting the apportionment of water between the several occupiers |
megalitres | |||
Particulars of any money paid or proposed to be paid to any person in respect of the supply of water in connection with the joint water supply scheme | |||
Particulars of any money paid or proposed to be paid to any person in respect of the occupancy or transfer of any land because of or in connection with the joint water supply scheme | |||
Particulars of the arrangements between the applicants in respect of:
The provision and construction of the works | |
The operation of the works | |
The maintenance and renewal of the works | |
The provision of money for each of the foregoing | |
The payments to be made by any of the occupiers in respect of the foregoing | |
Name/s of local newspaper/s circulating in the district |
We,
being the occupiers of the lands detailed, apply for an authority under Part 2 of the Water Act 1912 to construct and use the joint water supply scheme described and to take and use the water conserved or obtained for the purposes specified.
being the occupiers of the lands detailed, apply for an authority under Part 2 of the Water Act 1912 to construct and use the joint water supply scheme described and to take and use the water conserved or obtained for the purposes specified.
We attach a plan showing:
(a) the land occupied by each occupier,
(b) the location of the means by which water is to be taken from the river, creek, watercourse, billabong, lake, lagoon etc,
(c) the location of any channel, flume, pipe, conduit or other work in which water is to be conveyed,
(d) the location of any bridge, culvert, syphon, check, regulator or other structure or work to be provided,
(e) if the work is for the purpose of irrigation the location of the areas proposed to be irrigated within the land of each occupier.
We also attach longitudinal and cross-sectional plans of all channels proposed to be constructed for the conveyance of water to the land of each occupier.
We also attach a certified copy of any agreement entered into between the occupiers or between the occupiers and any other person in respect of the joint water supply scheme.
We enclose a deposit of $ as security for the cost of investigation and inquiry in connection with the application.
Dated this day of 19
......................... | |
......................... | |
.........................(Signatures of all Applicants) |
Form 5 Application under section 20CA of the Water Act 1912 for an authority for a joint water supply scheme
(Clause 6)
Application No
Surnames | Other Names | Postal Addresses | Please Use Block Letters |
Name of person and postal address to which correspondence and Water Diversion Returns are to be sent | |||
Name of river, creek, watercourse, billabong, lake, lagoon etc | |||
Means by which water is to be taken, eg gravitation, pumping etc | |||
Details of land of each occupier to be supplied with water
Occupier | Portion No | Parish | County | Tenure |
Details of Supply Works
Particulars of Works | Portion No | Parish | County | Maximum rate at which water may be taken | |
State whether pump, dam, race, levee, cutting etc | litres/second | ||||
Type and size of pump or size of diversion pipe or channel etc | |||||
Particulars, giving sizes, capacities and grades of any channel, flume, pipe, conduit or other work in which water is to be conveyed to the land of each occupier (longitudinal and cross-sectional plans of any channel to be attached) | |||||
Purpose for which water is to be used | Water Supply for: | ||||
(tick appropriate square) | □ Irrigation | □ Stock | □ Domestic | ||
Location and extent of lands not occupied by applicants:
1. On which Supply Work is to be constructed:
2. On which Conveyancing Works are to be constructed:
Details of Crops, if any, to be irrigated by each occupier:
Occupier | Type of crop | Area | Total area to be irrigated by each occupier |
hectares | hectares | ||
Total area to be irrigated by all applicants | |||
hectares | |||
Estimated quantity of water proposed to be taken annually (megalitres) | |||
Occupier | Estimated quantity of water proposed to be delivered annually | Particulars of rates and times at which water is proposed to be delivered to each occupier | Particulars to any other matters affecting the apportionment of water between the several occupiers |
Particulars of any money paid or proposed to be paid to any person in respect of the supply of water in connection with the joint water supply scheme | |||
Particulars of any money paid or proposed to be paid to any person in respect of the occupancy or transfer of any land because of or in connection with the joint water supply scheme | |||
Particulars of the arrangements between the applicants in respect of:
The provision and construction of the works | |
The operation of the works | |
The maintenance and renewal of the works | |
The provision of money for each of the foregoing | |
The payments to be made by any of the occupiers in respect of the foregoing | |
Name/s of local newspaper/s circulating in the district |
We,
the occupiers of the lands firstly described, wishing to construct and use the supply work and conveying works described for the purpose mentioned, and being unable to obtain occupation of the whole of the land required for the works, apply for an authority for a joint water supply scheme to construct the supply work and to take and use for the purpose the water obtained.
the occupiers of the lands firstly described, wishing to construct and use the supply work and conveying works described for the purpose mentioned, and being unable to obtain occupation of the whole of the land required for the works, apply for an authority for a joint water supply scheme to construct the supply work and to take and use for the purpose the water obtained.
We attach a plan showing:
(a) the land occupied by each occupier,
(b) the location of the land to be supplied with water in relation to the river, creek, watercourse, billabong, lake, lagoon etc, from which the water supply is to be obtained,
(c) the land on which the supply work and the conveying works are proposed to be constructed,
(d) the location of the proposed supply work and conveying works,
(e) the location of the means by which water is to be taken from the river or lake and the location of any channel, flume, pipe, conduit or other work in which water is to be conveyed to the land of each occupier,
(f) the location of any bridge, culvert, syphon, check, regulator or other structure or work to be provided,
(g) if the work is for the purpose of irrigation, the location of the areas proposed to be irrigated within the land of each occupier.
We also attach longitudinal and cross-sectional plans of all channels proposed to be constructed for the conveyance of water to the land of each occupier.
We also attach a certified copy of any agreement entered into between the occupiers or between the occupiers and any other person in respect of the joint water supply scheme.
We enclose a deposit of $ as security for the cost of investigation and inquiry in connection with the application.
Dated this day of 19
......................... | |
......................... | |
.........................(Signatures of all Applicants) |
Form 6 Application under section 20K of the Water Act 1912 for a group licence
(Clause 6)
Application No
Please use block letters | Name of Applicant | |
Postal Address | ||
Name of river, creek, watercourse, billabong, lake, lagoon etc | ||
Means by which water is to be taken—eg gravitation, pumping etc |
Details of land of each occupier to be supplied with water
Occupier | Portion No | Parish | County | Tenure |
Details of Works by which water is to be taken
Particulars of works | Portion No | Parish | County | Maximum rate at which water may be taken | |
State whether pump, dam race, cutting etc | |||||
Type and size of pump or size of diversion pipe or channel etc | |||||
Particulars, giving sizes, capacities and grades of any channel, flume, pipe, conduit or other work in which water is to be conveyed to the land of each occupier (longitudinal and cross-sectional plans of any channel to be attached) | |||||
Purpose for which water is to be used | Water Supply for: | ||||
□ Irrigation | □ Stock | □ Domestic | |||
(tick appropriate square) | |||||
Details of crops, if any, to be irrigated by each occupier
Occupier | Type of crop | Area (hectares) | Total area to be irrigated by each occupier (hectares) |
Total area to be irrigated by all occupiers | |||
Estimated quantity of water proposed to be taken (litres/second) annually (megalitres) | |||
Occupier | Estimated quantity of water proposed to be delivered annually | Particulars of rates and times at which water is proposed to be delivered to each occupier | Particulars of any other matters affecting the apportionment of water between the several occupiers |
Name/s of local newspaper/s circulating in the district |
I,
apply for a group licence under Part 2 of the Water Act 1912 to construct and use or to use the work described and to take the water conserved or obtained and dispose of it for the use of the occupiers from time to time of land within the private district of the Board for the purposes specified in this application.
apply for a group licence under Part 2 of the Water Act 1912 to construct and use or to use the work described and to take the water conserved or obtained and dispose of it for the use of the occupiers from time to time of land within the private district of the Board for the purposes specified in this application.
Attached is a plan showing:
(a) the land occupied by each occupier,
(b) the location of the means by which water is to be taken from the river, creek, watercourse, billabong, lake, lagoon etc,
(c) the location of any channel, flume, pipe, conduit or other work in which water is to be conveyed,
(d) the location of any bridge, culvert, syphon, check, regulator or other structure or work to be provided,
(e) the location of the areas proposed to be irrigated within the land of each occupier.
Also attached are longitudinal and cross-sectional plans of all channels proposed to be constructed for the conveyance of water to the land of each occupier.
Enclosed is a deposit of $ as security for the cost of investigation and inquiry in connection with the application.
Dated this day of 19
.........................(Signature of Applicant) |
Form 7 Application under section 20Q of the Water Act 1912 for an amended group licence
(Clause 6)
Application No
Please use block letters | Name of present holder of group licence | Number of existing group licence: | |
Postal Address | |||
Names and addresses of all occupiers of ADDITIONAL LANDS proposed to be supplied with water
Surnames | Other names | Postal Addresses | |
Purpose for which water is to be used on the ADDITIONAL LANDS | Water Supply for: | ||
□ Irrigation | □ Stock | □ Domestic | |
(tick appropriate square) | |||
Details of land of each ADDITIONAL OCCUPIER to be supplied with water
Occupier | Portion No | Parish | County | Tenure over land |
Details of crops, if any, to be irrigated by each ADDITIONAL OCCUPIER
Occupier | Type of crop | Area (hectares) | Total area to be irrigated by each occupier (hectares) |
Total area to be irrigated by all additional occupiers | |||
Details of proposed alteration of licensed works
Particulars of proposed alteration of works | Portion No | Parish | County | Maximum rate at which water is proposed to be taken (litres/second) | |
State whether change in or addition to existing works | |||||
Particulars, giving sizes, capacities and grade of any channel, flume, pipe, conduit or other work in which water is proposed to be conveyed to the additional land (megalitres) (longitudinal and cross-sectional plans of any channel to be attached) | |||||
Estimated quantity of water proposed to be delivered annually to the additional land | |||||
Particulars of the rates and times at which water is proposed to be delivered to the additional land | |||||
Name/s of local newspaper/s circulating in the district | |||||
I,
apply for an amended group licence under Part 2 of the Water Act 1912 to construct and use or to use the work described and to take the water conserved or obtained and dispose of it for the use of the occupiers from time to time of land within the private district of the Board for the purposes specified.
apply for an amended group licence under Part 2 of the Water Act 1912 to construct and use or to use the work described and to take the water conserved or obtained and dispose of it for the use of the occupiers from time to time of land within the private district of the Board for the purposes specified.
Attached is a plan showing:
(a) the additional land proposed to be included in the amended group licence and its relation to the land specified in the existing group licence,
(b) the location of any channel, flume, pipe, conduit or other work by means by which water is proposed to be conveyed to the additional land,
(c) the location of any additional bridge, culvert, syphon, check, regulator or other structure or work proposed to be conveyed to the additional land,
(d) the location of the area proposed to be irrigated within the additional land.
Also attached are longitudinal and cross-sectional plans of all channels proposed to be constructed for the conveyance of water to the additional land.
Dated this day of 19
.........................(Signature of Applicant) |
Form 8 Licence under section 12 of the Water Act 1912
(Clause 8)
No
Date issued:
Name and address of licensee |
Details of Licensed Works
River or Lake | |
Portion | |
Parish | |
County | |
Nature and description | |
Purpose |
Details of Land to be Irrigated
Portion | |
Parish | |
County |
Area to be irrigated | hectares | Period for which licence issued | years | Fee | $ |
The work described, and referred to in the application and plans deposited by or on behalf of the licensee, as finally approved by the Water Administration Ministerial Corporation, is declared to be a licensed work under the Water Act 1912.
This licence is subject to the terms, limitations and conditions set out on the attached Condition Statement.
Form 9 Licence under section 13A of the Water Act 1912
(Clause 8)
No
Date issued:
Name and address of licensee |
Details of Supply Works (plan attached)
River or Lake | |
Portion | |
Parish | |
County | |
Nature and description | |
Purpose |
Details of Conveyancing Works (plan attached)
Portion | |
Parish | |
County | |
Nature and description |
Area to be irrigated | hectares | Period for which licence issued | years | Fee | $ |
The work described, and referred to in the application and plans deposited by or on behalf of the licensee, as finally approved by the Water Administration Ministerial Corporation, is declared to be a licensed work under the Water Act 1912.
This licence is subject to the terms, limitations and conditions set out on the attached Condition Statement.