Part 1 Preliminary
1 Name of Regulation
This Regulation is the Water Management (General) Regulation 2018.
2 Commencement
This Regulation commences on 24 August 2018 and is required to be published on the NSW legislation website.Note—This Regulation repeals and replaces the Water Management (General) Regulation 2011 which would otherwise be repealed on 1 September 2018 by section 10(2) of the Subordinate Legislation Act 1989.
3 Definitions
(1) In this Regulation—approved manner means the manner approved by the Minister and notified on—(a) the Department’s website, or(b) a publicly available website maintained by WaterNSW and approved by the Minister.business day means a day other than a Saturday, a Sunday or a public holiday throughout New South Wales.converted floodplain management plan means a floodplain management plan adopted under section 166A of the former 1912 Act that, by operation of clause 13 of Schedule 9 to the Act, is taken to be a Minister’s plan made under the Act in relation to floodplain management.Department means the Department of Industry.Department’s website means a publicly available website maintained by the Department.domestic consumption has the same meaning as it has in section 52 of the Act.emergency event means—(a) a sudden natural event, including a storm, flood, tree fall, bush fire, land slip or coastal inundation, or(b) a sudden ingress of water, into an excavation site, that is not—(i) foreseen, or(ii) a result of inadequate planning or assessment or the use of unsuitable materials or methods, or(c) an accident, or(d) an actual or imminent failure of infrastructure or equipment, including a rupture or breakage of piping infrastructure caused by natural ground movements, or(e) an unlawful act resulting in damage, including vandalism, arson or pollution.emergency works means works carried out urgently, as a direct result of an emergency event, to remove groundwater or overland flow water for the purpose of reducing a significant risk to—(a) public health and safety, or(b) the environment, including groundwater systems, or(c) infrastructure or the construction of infrastructure.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.entity stakeholder means—(a) a member of a private water entity, or(b) a landholder to whom the entity provides services, or(c) a person with whom the entity enters into an agreement under the Act, section 151 or 231.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 the conditions of a development consent under Part 4, of an approved project under Part 3A or of an approval under Division 5.2 of Part 5, 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 2014, or(e) constructed and operated only by the Ministerial Corporation.hydroline spatial data means the Water Management (General) Regulation 2018 hydroline spatial data published by the Department on the Department’s website.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 specified in the hydroline spatial data, and(ii) that is identified as a first or second order stream, or part of such a stream, as determined in accordance with the system set out in Schedule 2, and(iii) that does not maintain a permanent flow of water, being a visible flow that occurs on a continuous basis, or would so occur if there were no artificial abstractions of water or obstruction of flows upstream, and(iv) that does not at any time carry flows emanating from a third or higher order stream as determined in accordance with the system set out in Schedule 2, orFor the purposes of paragraphs (a)(i) and (b), a stream is specified in the hydroline spatial data if it is identified as a watercourse (however described) in accordance with the legend or terms of that data.(b) any stream or part of a stream the location of which is not specified in the hydroline spatial data.Natural Resources Access Regulator means the body constituted by section 4 of the Natural Resources Access Regulator Act 2017.private water entity means—(a) a private water corporation, or(b) a private water trust.stock watering has the same meaning as in section 52 of the Act.the Act means the Water Management Act 2000.the former 1912 Act means the Water Act 1912.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.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.(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) (Repealed)cl 3: Am 2018 (693), Sch 1 [1]; 2020 (370), Sch 1[1]; 2021 (81), Sch 1[1]; 2024 (24), Sch 1[1] [2].
3A Giving of information to Natural Resources Access Regulator
In this Regulation, a requirement to give information to the Natural Resources Access Regulator is met only if the information is given using the contact telephone number or email address published on the website of the Natural Resources Access Regulator.cl 3A: Ins 2021 (81), Sch 1[2].
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) domestic and stock (conveyance) access licence,(d) unregulated river (high flow) access licence,(e) regulated river (general security—A class) access licence,(f) regulated river (general security—B class) access licence,(g) aquifer (general security) access licence,(h) unregulated river (special additional high flow) access licence,(i) salinity and water table management access licence,(j) aquifer (high security) access licence,(k) unregulated river (regulated supply—local water utility) access licence,(l) unregulated river (regulated supply) access licence,(m) unregulated river (A class) access licence,(n) unregulated river (B class) access licence,(o) unregulated river (C class) access licence,(p) major utility (Barnard) access licence,(q) Penrith Lakes Scheme (initial fill of the lakes that form part of the Scheme) access licence,(r) West Corurgan Temporary Critical Conveyance access licence,(s) Moira Temporary Critical Conveyance access licence,(t) Eagle Creek Temporary Critical Conveyance access licence,(u) Mathoura Temporary Critical Conveyance access licence,(v) unregulated river pumped hydro-electricity generation (construction and initial storage fill) 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 2019 (591), cl 3(1); 2020 (10), Sch 1[1]; 2020 (181), cl 3(1); 2021 (576), sec 3(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,(e) major utility (Barnard) access licence,(f) Penrith Lakes Scheme (initial fill of the lakes that form part of the Scheme) access licence,(g) West Corurgan Temporary Critical Conveyance access licence,(h) Moira Temporary Critical Conveyance access licence,(i) Eagle Creek Temporary Critical Conveyance access licence,(j) Mathoura Temporary Critical Conveyance access licence,(k) unregulated river pumped hydro-electricity generation (construction and initial storage fill) access licence.(2) A supplementary water (Lowbidgee) access licence is exempted from paragraph (d) of the definition of specific purpose access licence.cl 5: Am 2019 (591), cl 3(2); 2020 (10), Sch 1[2]; 2020 (181), cl 3(2); 2021 (576), sec 3(2).
6 Priorities between different categories of access licence
(1) The priorities to be observed in relation to the access licences referred to in section 58(1)(c) of the Act are that—(a) the following access licences have equal priority with each other and have priority over any other access licences referred to in section 58(1)(c) of the Act—(i) regulated river (conveyance) access licences,(ii) Murrumbidgee Irrigation (conveyance) access licences,(iii) Coleambally Irrigation (conveyance) access licences,(iv) West Corurgan Temporary Critical Conveyance access licences,(v) Moira Temporary Critical Conveyance access licences,(vi) Eagle Creek Temporary Critical Conveyance access licences,(vii) Mathoura Temporary Critical Conveyance access licences, 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.cl 6: Am 2019 (591), cl 3(3); 2020 (10), Sch 1[3] [4]; 2020 (181), cl 3(3) (4).
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 Service of notices imposing conditions after licence or approval is granted
(1) A written notice under section 67 or 102 of the Act may be served on or given to the holder of an access licence or an approval by sending it electronically to an email address provided by the holder as the holder’s address for the giving or service of documents of that kind.(2) The giving or service of a notice in the manner provided for in subclause (1) is effected when the notice is sent to that email address.
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 applicant, and(c) must be accompanied by, or make provision for the payment of, any 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 256.Note—See section 80 of the Interpretation Act 1987 with respect to compliance with approved forms.(2) This clause does not apply to an application for the recording of any matter in the Access Register under section 71A of the Act.cl 9: Am 2018 (693), Sch 1 [5].
10 Applications for specific purpose access licences
(1) 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) a domestic and stock access licence (other than subcategory “domestic”), but only if—(i) the application is made by a landholder who became the landholder not more than 12 months before making the application, and(ii) immediately before the applicant became the landholder, a domestic and stock access licence was in force in relation to the land (the former licence), and(iii) the domestic and stock access licence is for the same subcategory (if any) as the former licence, and(iv) the share component does not exceed the share component (if any) of the former licence, and(v) the former licence has been, or should be, cancelled because it can no longer be used by the person who was formerly the landholder,(d) an unregulated river access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities,(e) a regulated river (high security) access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities,(f) an aquifer access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities,(g) any category of specific purpose access licence (subcategory “Aboriginal cultural”), for Aboriginal cultural purposes,(h) a major utility (Barnard) access licence,(i) a Penrith Lakes Scheme (initial fill of the lakes that form part of the Scheme) access licence,(j) an unregulated river access licence (subcategory “Snowy 2.0 project”),(k) a West Corurgan Temporary Critical Conveyance access licence, for the purpose of enabling water to be supplied to the West Corurgan Private Irrigation District for domestic consumption and stock watering until the sum of available water determinations made by the Minister after the grant of the licence in relation to regulated river (general security) access licences in the New South Wales Murray regulated river water source exceeds 0.15 ML per unit share,(l) Moira Temporary Critical Conveyance access licence, for the purpose of enabling water to be supplied to the Moira Private Irrigation District until the sum of available water determinations made by the Minister after the grant of the licence in relation to regulated river (general security) access licences in the New South Wales Murray regulated river water source exceeds 0.15 ML per unit share,(m) Eagle Creek Temporary Critical Conveyance access licence, for the purpose of enabling water to be supplied to the members of the Eagle Creek Pumping Syndicate Incorporated until the sum of available water determinations made by the Minister after the grant of the licence in relation to regulated river (general security) access licences in the New South Wales Murray regulated river water source exceeds 0.15 ML per unit share,(n) Mathoura Temporary Critical Conveyance access licence, for the purpose of enabling water to be supplied to the members of the Mathoura Joint Water Supply Association Incorporated until the sum of available water determinations made by the Minister after the grant of the licence in relation to regulated river (general security) access licences in the New South Wales Murray regulated river water source exceeds 0.15 ML per unit share,(o) an unregulated river pumped hydro-electricity generation (construction and initial storage fill) access licence,(p) an unregulated river access licence of subcategory “McPhillamys Belubula River gold mine”, for the purpose of enabling water to be taken for McPhillamys Gold Mine from the Belubula River above Carcoar Dam water source,(q) an unregulated river access licence of subcategory “Newcastle Racecourse”, for the purpose of enabling water to be taken, for use on the Newcastle racecourse and nearby playing fields, from the Newcastle water source,(r) an aquifer access licence of subcategory “Temporary dewatering for construction”, for the purpose of extracting water from—(i) the Tweed-Brunswick Coastal Sands groundwater source to facilitate the construction of a seawater intake pipeline for an aquaculture facility at Cudgen, or(ii) the Metropolitan Coastal Sands groundwater source to facilitate excavation required for the construction of a building, road or infrastructure to establish a mixed-use development for the purposes of a health services facility, and associated commercial purposes, at Manly,(s) a regulated river (high security) access licence, subcategory “Lake Albert filling”, if the application is made—(i) by Wagga Wagga City Council, and(ii) for the purpose of enabling no more than 1.8 GL of water per year to be used for filling Lake Albert,(t) an unregulated river access licence, subcategory “Mamre Road precinct and Western Sydney Aerotropolis stormwater management”, if the application is made by Sydney Water Corporation for the purpose of enabling stormwater to be taken from—(i) land in the Mamre Road precinct, identified as Precinct 12 as shown on the State Environmental Planning Policy (Western Sydney Employment Area) 2009 Land Application Map Sheet LAP_001, and(ii) land identified by the area shaded white as shown on the State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Land Application Map—Aerotropolis Sheet LAP_001.(u) a local water utility access licence (the licence), if—(i) the application is made by Tamworth Regional Council, and(ii) before the application is made, a notice of surrender of WAL 20953 is given under the Act, section 77, and(iii) the notice of surrender specifies that the surrender of WAL 20953 does not take effect—(A) unless the licence is granted, and(B) until immediately after the licence is amended to nominate a specified water supply work or extraction point for the licence, and(iv) the share component of the licence is the same as the share component of WAL 20953.(2) In this clause—commercial activities means associated commercial activities within the meaning of section 66(3A) of the Act.health services facility has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.cl 10: Am 2019 (81), cl 3 (1); 2019 (591), cl 3(4); 2020 (10), Sch 1[5]; 2020 (181), cl 3(5); 2021 (576), sec 3(3); 2022 (126), Sch 1[1]; 2022 (172), sec 3(1); 2023 (108), sec 3(1) (2); 2024 (264), Sch 1; 2024 (332), Sch 1[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 Nomination of water supply works and extraction points
(1) The only circumstance in which a nomination under section 71W(1)(b) of the Act is permitted is if the Minister is satisfied—(a) that the water supply work or extraction point the subject of the nomination is in a water source (the other water source) that is connected to a water source specified in the access licence (the specified water source), and(b) the water credited to the access licence that may be taken by means of the water supply work or from the extraction point will be so taken from the specified water source indirectly, as an unavoidable result of water being taken from the other water source by means of the work or from the extraction point.(2) A nomination of a water supply work required to be notified to the Minister under section 71W(3)(a) of the Act must be notified within 28 days after the nomination is made.(3) A withdrawal of a nomination required to be notified to the Minister under section 71W(3)(b) of the Act must be notified within 28 days after the nomination is withdrawn.(4) A notification referred to in subclause (2) or (3) must be in writing and may be given by email or other electronic communication.(5) For the purposes of paragraph (j) of the definition of general dealing in the Dictionary to the Act, the amendment of an access licence to nominate a specified extraction point as a means by or from which water credited to the licence may be taken, as referred to in section 71W of the Act, is prescribed as a general dealing in an access licence.cl 12: Am 2018 (693), Sch 1 [2].
13 Dealings on default
A notice served on the holder or co-holder of an access licence, a person having a registered caveat over an access licence or holding and the Minister in relation to the transfer of the licence or holding 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 for the purposes of section 71X of the Act, 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.
14 Circumstances in which Minister may refuse to accept surrender of access licence
For the purposes of section 77(2B) of the Act, the Minister may refuse to accept the surrender of an access licence if—(a) the licence is subject to a registered security interest or a registered caveat, or(b) the holder of the access licence has failed to make due payment with respect to any fees, charges or civil penalties that are payable in respect of the licence, or(c) the licence is one for which a water supply work or extraction point is nominated under section 71W of the Act and the Minister is satisfied—(i) that the continued taking of water by means of the work or from the extraction point is not intended, and(ii) that water is still being taken, or is still capable of being taken, by means of the work or from the extraction point, and(iii) that work that needs to be done to stop the taking of water by means of the work or from the extraction point has not been completed or satisfactorily completed, or(d) the licence is one for which a water supply work or extraction point is nominated under section 71W of the Act and the Minister is satisfied—(i) that the continued taking of water by means of the work or from the extraction point is intended, and(ii) that water is still being taken, or is still capable of being taken, by means of the work or from the extraction point, and(iii) if the licence is surrendered, the continued taking of water by means of the work or from the extraction point will not be authorised under the Act (for example, authorised under another access licence or in exercise of a harvestable right or domestic and stock right or because the Minister agrees to hold the surrendered licence until the taking of water by means of the work or from the extraction point ceases).
15 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.
16 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—(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 Secretary may also make the register of available water determinations, or parts of the register, available on the Department’s website.
17 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 2 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.
18 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.
19 Claims for compensation
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 256.Note—See section 80 of the Interpretation Act 1987 with respect to compliance with approved forms.cl 19: Am 2018 (693), Sch 1 [5].
20 Determining value of water illegally taken
(1) For the purposes of section 60G(1)(a) of the Act, the value of water illegally taken from a water source is to be determined in accordance with this clause.(2) No trading prices published for any period If no trading price data has been published for any period for the water source, the value of water illegally taken is to be determined by multiplying the relevant published water access (entitlement) charge for the valley in which the water source is located for the water year in which the illegal taking of water began (expressed in dollars per megalitre) by the volume of water illegally taken (expressed in megalitres).(3) Trading prices published for month or some or all months in which water illegally taken If trading price data has been published for the water source for the month or some or all of the months in which water was illegally taken, the value of water illegally taken is to be determined by establishing the weighted average trading price for the water source published for the month or months in which water was illegally taken (expressed in dollars per megalitre) and multiplying that weighted average by the volume of water illegally taken (expressed in megalitres).(4) Trading prices published for year in which illegal taking of water began and illegal taking of water began in previous water year If the illegal taking of water began in a water year previous to the current water year and trading price data has been published for the water source for that previous water year but not for the month or months in which water was illegally taken, the value of water illegally taken is to be determined by establishing the weighted average trading price for the water source published for that previous water year (expressed in dollars per megalitre) and multiplying it by the volume of water illegally taken (expressed in megalitres).(5) Trading prices published but not for month or months in which water illegally taken and illegal taking of water began in current water year If the illegal taking of water began in the current water year and no trading price data has been published for the water source for the month or months in which water was illegally taken (whether or not trading price data has been published for the water source for any other month in the current year) and—(a) trading price data has been published for the water year previous to the current water year—the value of water illegally taken is to be determined by establishing the weighted average trading price for the water source published for that previous water year (expressed in dollars per megalitre) and multiplying that weighted average by the volume of water illegally taken (expressed in megalitres), or(b) trading price data has not been published for the water year previous to the current water year—the value of water illegally taken is to be determined by multiplying the published water access (entitlement) charge for the valley in which the water source is located for that previous water year (expressed in dollars per megalitre) by the volume of water illegally taken (expressed in megalitres).(6) No trading prices published for year in which illegal taking of water began and illegal taking of water began in previous water year If the illegal taking of water began in a water year previous to the current water year and no trading price data has been published for the water source for any month during that previous water year, the value of water illegally taken is to be determined by multiplying the published water access (entitlement) charge for the valley in which the water source is located for that previous water year (expressed in dollars per megalitre) by the volume of water illegally taken (expressed in megalitres).(7) In this clause—illegally taken means taken in contravention of Division 1A of Part 2 of the Act.published means published on the Department’s website.trading price data means data about assignments of water allocations under section 71T of the Act occurring in any month, but not any other dealings.water access (entitlement) charge is the annual charge per unit of entitlement that would be payable under the 1-part tariff for an unregulated river access licence or an aquifer access licence, as imposed by the Minister pursuant to section 114 of the Act.Note 1—This definition does not apply to regulated river access licences because regulated rivers have trading prices.Note 2—Details relating to the 1-part tariff for unregulated river access licences and aquifer access licences are published on the Department’s website.
Division 2 Exemptions
21 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 4, and(b) takes water for any of the purposes, and in the circumstances, specified in that provision.(2) A person exempted under this clause is also exempted from any mandatory conditions relating to access licences that are imposed on a water supply work approval.(3) An exemption conferred by this clause that requires a watering program to be approved by the Minister is subject to the condition that any person claiming the exemption must, if required to do so by an authorised officer, produce the approved watering program immediately or within the period, and at the place, specified by the officer.(4) An exemption conferred by subclause (1) with respect to approved watering for basic human water needs (within the meaning of clause 14 of Schedule 4 (Taking water for basic human water needs)) ceases to apply 4 months after the date on which the relevant approval was granted by the Minister or such later date as the Minister may approve of in writing.(5) An exemption conferred by this clause with respect to the taking of water for the purposes and in the circumstances specified in clause 17 of Schedule 4 (Emergency safety measures) is subject to the condition that the person claiming the exemption must comply with all applicable requirements (if any) of the Minister—(a) that are published in the Gazette, or notified in writing to the person, for the purposes of this subclause, and(b) that are for the purposes of implementing the water management principles in relation to the taking of water the subject of the exemption.(6) An exemption conferred by this clause with respect to the taking of water for the purposes and in the circumstances specified in clause 7 of Schedule 4 (Water taken in course of certain aquifer interference activities) is subject to the condition that the person claiming the exemption must—(a) record water taken for which the exemption is claimed, and(b) make the record not later than 24 hours after water is taken, and(c) make the record in an approved form and manner, and(d) keep the record for a period of 5 years, and(e) give the record to the Minister in an approved form and manner—(i) not later than 28 days after the end of the water year in which the water was taken, or(ii) if the Minister directs the person in writing to give the record to the Minister on an earlier date, by that date.(7) An exemption conferred by this clause in relation to the taking of groundwater or overland flow water for the purpose specified in Schedule 4, clause 17B (Emergency works) is subject to the condition that the person claiming the exemption must—(a) before or as soon as reasonably possible after commencing the relevant emergency works, give the Natural Resources Access Regulator the following information—(i) the person’s name and contact details,(ii) if applicable—the name and contact details of any other person by whom, or body by which, the works are to be carried out,(iii) the address of the site of the works,(iv) the nature of the emergency event resulting in the need to carry out the works,(v) the significant risk to be reduced by the works, and(b) within 14 days after completing the relevant emergency works, give the Natural Resources Access Regulator the following further information—(i) the date of completion of the works,(ii) the volume of groundwater or overland flow water extracted while carrying out the works,(iii) if it is not possible to measure the volume of groundwater or overland flow water extracted while carrying out the works—an estimate of the volume.cl 21: Am 2019 (592), Sch 1[1]; 2021 (81), Sch 1[3].
22 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.
23 Exemption from certain requirement concerning registration of security interests in replacement access licences
(1) A person claiming a security interest in a replacement access licence (within the meaning of Schedule 10 to the Act) is exempt from the requirement under clause 19(5)(d) of Schedule 10 to the Act that the person lodge written notice with the Secretary as referred to in that paragraph.(2) The person is exempt from that requirement only if the licence holder requests, by notice in writing to the Secretary, that the security interest be registered in the Access Register.
23A (Repealed)
cl 23A: Ins 2023 (109), Sch 1[1]. Rep 2018 (480), cl 23A(7).
cl 23A: Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1(disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1.
Part 2A Replacement floodplain harvesting access licences—the Act, s 57A
pt 2A: Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1.
Division 1 Preliminary
pt 2A, div 1: Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1(disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1.
23A Definitions
In this Part—bore licence means a bore licence under the Water Act 1912, Part 5.crop conversion rate means the conversion rate—(a) specified in Appendix 2 to the Volumetric Conversion—the next stage, as in force from time to time, and available on the Department’s website, and(b) expressed in units of a share component per hectare.eligible landholder means a landholder eligible for a replacement floodplain harvesting access licence under clause 23B.eligible water supply work means a water supply work specified in clause 23B(2).landholder means the owner of land located on a floodplain who uses or used, or proposed to use, water from the floodplain.long-term average annual extraction limit means the long-term average annual extraction limit specified in a water sharing plan for a water source.maximum crop area means the maximum area of land in hectares used by an owner of land for the growing of crops using irrigation.relevant year means a water year between 1993 and 1999, inclusive, in which the greatest maximum crop area occurred on a landholder’s land.water sharing plan means a Minister’s plan made under the Act, section 50.
23B Eligibility for replacement floodplain harvesting access licences
(1) The Minister must determine if a landholder is eligible for a replacement floodplain harvesting access licence.(2) A landholder is eligible if the Minister is satisfied that, on 3 July 2008, a water supply work capable of floodplain harvesting—(a) was fully constructed on the landholder’s land and a relevant approval was in force that specified—(i) the work, or(ii) a related or connected work, or(b) was fully constructed on the landholder’s land without a relevant approval and an approval under the Water Act 1912, Part 8 was not required to construct the work, or(c) was fully or partially constructed, or proposed to be constructed, on the landholder’s land and an application for a relevant approval that specified the work was made but not determined.(3) In determining whether or not a landholder is eligible, the Minister must consider relevant information provided by the landholder in relation to the water supply work.(4) The Minister may determine that a landholder is not eligible only if—(a) the landholder is given, whether under this clause or otherwise, written notice and 28 days in which to make submissions about the proposed determination of eligibility, and(b) the Minister has considered submissions received from the landholder within the 28 days.(5) If the Minister determines that a landholder is eligible for a replacement floodplain harvesting access licence under this clause, the Minister must determine the share component of the licence in accordance with Division 2.(6) In this clause—means a work related or connected to the water supply work specified in the relevant approval that is—(a) constructed on the land specified in the approval, and(b) located within the footprint of the work specified in the approval.relevant approval means—(a) an approval under the Act, Chapter 3, Part 3, or(b) a licence or permit within the meaning of the Water Act 1912, Part 2, or Part 8 as in force immediately before the repeal of that Part.cl 23B: Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1(disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1.
Division 2 Determination of share component
pt 2A, div 2: Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1.
23C Licences based on existing regulated and unregulated river access licences
(1) This clause applies to an eligible landholder if, on 3 July 2008, one of the following licences was in force in relation to the land on which the landholder’s eligible water supply work is located—(a) a regulated river access licence without an unregulated river access licence,(b) a regulated river access licence with an unregulated river access licence,(c) a Barwon-Darling unregulated river access licence.(2) The Minister must determine the share component of a replacement floodplain harvesting access licence by using the 3 models referred to in Division 3 that apply to the regulated river water source or the Barwon-Darling water source, as the case requires.(3) In determining the share component of a replacement floodplain harvesting access licence for a landholder eligible under subclause (1)(b), the Minister must deduct the share component of the unregulated river access licence from the proposed share component of the replacement floodplain harvesting access licence.(4) Despite subclause (3), the Minister—(a) is not required to deduct the share component of the unregulated river access licence if satisfied there were no water supply works used in connection with the unregulated river access licence, and(b) may deduct a proportion of the share component of the unregulated river access licence that corresponds with the amount by which the volume of water taken under the unregulated river access licence is less than the maximum volume specified for the licence.(5) In this clause—Barwon-Darling unregulated river access licence means an unregulated river access licence with a share component that specifies the Barwon-Darling water source.Barwon-Darling water source means the Barwon-Darling Unregulated River Water Source to which the Water Sharing Plan for the Barwon-Darling Unregulated River Water Source 2012 applies.regulated river access licence means an access licence that entitles the holder to shares of water from a regulated river.unregulated river access licence means—(a) an unregulated river access licence, or(b) an entitlement that was replaced, on or after 3 July 2008, by an unregulated river access licence under the Act, Schedule 10.cl 23C: Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1.
23D Licences based on existing unregulated river access licences
(1) This clause applies to an eligible landholder if—(a) an entitlement or an entitlement and 1 or more bore licences was, on or after 1 July 1993 and on or before 30 June 1999, in force in relation to the land on which the landholder’s eligible water supply work is located, and(b) the entitlement was replaced by an unregulated river access licence under the Act, Schedule 10, and(c) the bore licences, if any, were replaced by aquifer access licences under the Act, Schedule 10, and(d) clause 23C does not apply to the landholder.(2) The Minister must determine the share component of a replacement floodplain harvesting access licence for the eligible landholder by—(a) deducting the authorised area from the maximum crop area in the relevant year, and(b) multiplying the result by the crop conversion rate for the crop grown in the relevant year, and(c) deducting the greater of the following for the relevant year under the bore licences, expressed in megalitres—(i) the metered groundwater usage,(ii) the entitlement.(2A) For subclause (2)(c), 1ML is taken to be 1 unit of a share component.(3) The share component of the replacement floodplain harvesting access licence is zero if the result under subclause (2) is less than or equal to zero.(4) In this clause—means the area in hectares of the eligible landholder’s land authorised to be irrigated under the entitlement referred to in subclause (1), immediately before the entitlement was replaced with an unregulated river access licence.cl 23D: Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1. Am 2023 (653), Sch 1[1] [2].
23E Licences related to existing aquifer access licences
(1) This clause applies to an eligible landholder if—(a) a bore licence was, on or after 1 July 1993 and on or before 30 June 1999, in force in relation to the land on which the landholder’s eligible water supply work is located, and(b) the bore licence was replaced by an aquifer access licence under the Act, Schedule 10, and(c) clause 23D does not apply to the landholder.(2) The Minister must determine the share component of a replacement floodplain harvesting access licence by—(a) multiplying the maximum crop area for the relevant year by the crop conversion rate for cotton, and(b) deducting the greater of the following for the relevant year under the bore licence, expressed in megalitres—(i) the metered groundwater usage,(ii) the entitlement.(3) The share component of the replacement floodplain harvesting access licence is zero if the result under subclause (2) is less than or equal to zero.(4) For subclause (2)(b), 1ML is taken to be 1 unit of a share component.cl 23E: Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1. Am 2023 (653), Sch 1[3] [4].
23F Requirement to give notice before determining share components
(1) The Minister must comply with this clause before making a final determination of the share component for a replacement floodplain harvesting access licence for an eligible landholder.(2) The Minister must—(a) give the landholder written notice of the proposed share component (the first notice), and(b) consider submissions, if any, received from the landholder in accordance with the first notice.(3) After considering the submissions, the Minister must decide whether or not to revise the proposed share component.(4) If the revised share component is less than the amount of the proposed share component specified in the first notice, the Minister must—(a) give the landholder further written notice of the proposed share component (the further notice), and(b) consider the submissions, if any, received from the landholder in accordance with the further notice.(5) A notice given to a landholder under this clause must include the following information—(a) the amount of the proposed share component,(b) that the landholder may, within 28 days after receiving the notice, make submissions about the proposed share component,(c) the method for making submissions,(d) for a further notice—reasons for the reduction of the amount of the proposed share component specified in the first notice.cl 23F: Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1. Subst 2023 (653), Sch 1[5].
Division 3 Models for determination of share components
pt 2A, div 3: Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1.
23G Models for determination of share components
(1) For the purpose of finally determining the share component for a replacement floodplain harvesting access licence for an eligible landholder, the Minister must, after considering all submissions received from the landholder under clause 23F, adopt the following models for the water source—(a) the current conditions model,(b) the eligible water supply works scenario model,(c) the plan limit compliance scenario model.(2) The Minister must publish, on the Department’s website, the following information in relation to each model referred to in this division—(a) a description of the model,(b) the objectives for the model,(c) the matters the model represents,(d) the data the model relies on.cl 23G: Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1. Subst 2023 (653), Sch 1[6].
23H Current conditions model
(1) The current conditions model represents—(a) the total number of water supply works, whether or not eligible water supply works, for the water source, and(b) the estimated volume of water used by the water supply works for the water source.(2) The current conditions model is used to determine the percentage by which the estimated volume of water used by all water supply works for the water source—(a) exceeds the long-term average annual extraction limit, and(b) must be reduced to comply with the long-term average annual extraction limit.cl 23H: Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1.
23I Eligible water supply works scenario model
(1) The eligible water supply works scenario model represents—(a) the total number of eligible water supply works, and(b) the estimated volume of water used by the eligible water supply works for the water source.(2) The eligible water supply works scenario model is used to determine the estimated volume of water capable of being used by—(a) a landholder’s eligible water supply work for the water source, and(b) all eligible water supply works for the water source.cl 23I: Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1.
23J Plan limit compliance scenario model
(1) The plan limit compliance scenario model is based on—(a) the proposed share components of the replacement floodplain harvesting access licences for the water source, and(b) the existing or proposed bulk access regime for the water source, and(c) existing or proposed water sharing provisions of a management plan for the water source that deal with the matters specified in the Act, section 21(a) and (c) in relation to floodplain harvesting.(2) If the long-term average annual extraction limit is exceeded, the plan limit compliance scenario model provides for an adjustment to proposed share components of replacement floodplain harvesting access licences for the water source.(3) The adjustment must be proportionately allocated to each landholder who has an eligible water supply work for the water source.(4) The adjustment must be the lesser of—(a) an adjustment required to bring the total average annual volume of water taken within the long-term average annual extraction limit, or(b) an adjustment required to bring the floodplain harvesting part of the total average annual volume of water taken within the floodplain harvesting part of the long-term average annual extraction limit.cl 23J: Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1.
Division 4 Miscellaneous
pt 2A, div 4: Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1.
23K Issue of replacement floodplain harvesting access licences
(1) A replacement floodplain harvesting access licence takes effect, and the eligible landholder is taken to hold the licence, only after the Minister gives written notice to the landholder of—(a) the category of the replacement floodplain harvesting access licence, and(b) the final share component of the licence determined in accordance with Division 2.(2) The categories of replacement floodplain harvesting access licence are—(a) for an eligible landholder if, on or before 3 July 2008, a regulated river access licence was in force in relation to the land on which the landholder’s eligible water supply work is located—a floodplain harvesting (regulated river) access licence, and(b) otherwise—a floodplain harvesting (unregulated river) access licence.(3) A water supply work is taken to have been nominated under the Act, section 71W in relation to an eligible landholder’s replacement floodplain harvesting access licence if the work—(a) is capable of floodplain harvesting, and(b) is located on the eligible landholder’s land, and(c) is specified in a water supply work approval.cl 23K: Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1. Am 2023 (653), Sch 1[7].
23L Circumstances in which replacement floodplain harvesting access licences are not issued
Despite another provision of this Part, a landholder is not eligible for a replacement floodplain harvesting access licence and does not hold a licence if—(a) the final share component for the licence is determined to be zero or less, or(b) the Minister, by notice published on the Department’s website, declares that the process under this Part for issuing replacement floodplain harvesting access licences for which the landholder may have been eligible is completed in relation to the relevant floodplain.cl 23L: Ins 2021 (197), Sch 1 (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[1] (disallowed, Legislative Council, 24.2.2022); 2022 (341), Sch 1 (disallowed, Legislative Council, 21.9.2022); 2023 (34), Sch 1.
Part 3 Approvals
Division 1 General
24 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.
25 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 applicant, 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 256.Note—See section 80 of the Interpretation Act 1987 with respect to compliance with approved forms.(2) An assessment referred to in subclause (1)(b) must be prepared in accordance with the requirements (if any) issued by the Minister.cl 25: Am 2018 (693), Sch 1 [5].
26 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,(d) applications for flood work approvals for flood works that the Minister has assessed under this clause to be non-complying flood works,(e) applications for flood work approvals for flood works that are situated in or on a floodplain for which there is no management plan (including a converted floodplain management plan) in force with respect to that floodplain.(2) If an application is made for a flood work approval, the Minister is to assess whether the flood work to which the application relates is a non-complying flood work.(3) A flood work to which an application relates is to be assessed to be a non-complying flood work only if—(a) the work is situated, or proposed to be constructed, in an area to which a converted floodplain management plan applies, and(b) the Minister is not satisfied that the work complies with the converted floodplain management plan.(4) An application referred to in subclause (1)(a) does not have to be advertised (unless required to be advertised by a management plan referred to in subclause (1)(c)) if the water supply work concerned is to be used—(a) for a period of not more than 6 months, and(b) for one of the following purposes—(i) road construction or road maintenance by a roads authority (within the meaning of the Roads Act 1993),(ii) drought relief,(iii) dust suppression,(iv) prospecting or fossicking for minerals or petroleum under the 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.(5) An application referred to in subclause (1)(a)(i) does not have to be advertised (unless required to be advertised by a management plan referred to in subclause (1)(c)) if the water supply work concerned—(a) is to be used solely for taking or using water pursuant to a replacement access licence, and(b) was in existence at the time the relevant replacement access licence came into force.(6) An application referred to in subclause (1)(b) does not have to be advertised (unless required to be advertised 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.(6A) An application referred to in subclause (1) does not have to be advertised if the water supply work concerned is to be used for the taking of water in relation to floodplain water usage by a landholder that is to be converted into a replacement floodplain harvesting access licence (within the meaning of section 57A of the Act), but only if that licence has not been granted to the landholder.(7) An application for an approval must be advertised by the Minister by a notice published on—(a) the Department’s website, or(b) a publicly available website maintained by WaterNSW, or(c) a publicly available website maintained by the Natural Resources Access Regulator.(8) 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.(9) In this clause—replacement access licence means a replacement access licence arising under Division 9, 11, 12 or 13 of Part 2 of Schedule 4 to the Water Management (General) Regulation 2011 as in force pursuant to clause 259(2).cl 26: Am 2018 (693), Sch 1 [5]; 2018 (708), cl 3; 2021 (746), Sch 1[1].
27 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 26(8)(g) or, if in electronic form, lodged electronically as provided by clause 256, and(e) must specify the grounds of the objection.cl 27: Am 2018 (693), Sch 1 [5].
28 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.
29 Circumstances in which approvals may be amended
(1) For the purposes of section 107(1)(b) of the Act, the Minister may amend an approval to create 2 or more approvals from a single approval if—(a) a subdivision of the land specified in the approval as the land benefited by the approval results in part of the land being held by the holder of the approval and part of the land being held by a landholder who is not the holder of the approval, or(b) in the case of an approval jointly held by 2 or more persons, each of the persons request the creation of 2 or more approvals from the approval jointly held by the persons, or(c) for a water supply work approval held by 1 person and nominated in a floodplain harvesting (regulated river) access licence or a floodplain harvesting (unregulated river) access licence—(i) the person requests the creation of 2 or more approvals from the approval held by the person, and(ii) the resulting approvals do not relate to additional uses, works, activities or land, and(iii) each resulting approval includes a work nominated in a floodplain harvesting (regulated river) access licence or a floodplain harvesting (unregulated river) access licence.(2) For the purposes of section 107(1)(c) of the Act, the Minister may amend an approval to correct any error or omission in a description in the approval of—(a) a location to which the approval relates, or(b) the management plan, water source or management zone to which the approval relates.cl 29: Am 2021 (775), Sch 1[2] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[1]..
30 Circumstances in which Minister may refuse to accept surrender of approval
For the purposes of section 108(1A) of the Act, the Minister may refuse to accept the surrender of an approval if—(a) in the case of a water management work approval—(i) construction of a work to which the approval relates has commenced but has not been completed in accordance with the approval, and(ii) the Minister is not satisfied that adequate arrangements are in force to ensure that no more than minimal harm will be done to any water source or its dependent ecosystems if the approval is surrendered before construction of the work is so completed, or(b) in the case of a water management work approval, the Minister is satisfied—(i) that a work to which the approval relates is still being used or is capable of still being used, and(ii) that if the approval is surrendered, the work will not be authorised under the Act, or(c) in the case of a controlled activity approval—(i) the carrying out of a controlled activity to which the approval relates has commenced but has not been completed in accordance with the approval, and(ii) the Minister is not satisfied that adequate arrangements are in force to ensure that no more than minimal harm will be done to any waterfront land if the approval is surrendered before the carrying out of the activity is so completed, or(d) in the case of a controlled activity approval, a maintenance period specified in the approval to enable a rehabilitation plan or vegetation management plan to be implemented has not expired, or(e) in the case of an aquifer interference approval—(i) the carrying out of an aquifer interference activity to which the approval relates has commenced but has not been completed in accordance with the approval, and(ii) the Minister is not satisfied that adequate arrangements are in force to ensure that no more than minimal harm will be done to the aquifer or its dependent ecosystems if the approval is surrendered before the carrying out of the activity is so completed.
31 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 Secretary may also make the register, or parts of the register, available on the Department’s website.
32 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.
Division 2 Exemptions
Subdivision 1 Preliminary
33 Definition
In this Division—does not include Landcom or the Superannuation Administration Corporation or any of their subsidiaries.
Subdivision 2 Exemption from requirement for water use approval
34 Exemption where the taking of the water is also exempt
(1) A person who is exempt under clause 21 in relation to the taking of water for any of the purposes, and in the circumstances, specified in a provision of Part 1 of Schedule 4 is exempt from section 91A(1) of the Act in relation to the use of the water for that purpose or those purposes, and in those circumstances.(2) An exemption conferred by this clause that relates to an exemption under clause 21 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 21 with respect to approved watering for basic human water needs (within the meaning of clause 14 of Schedule 4) ceases to apply at the same time as the exemption ceases to apply under clause 21(4).(4) An exemption conferred by this clause in respect of an exemption under clause 21 with respect to the taking of water for the purposes and in the circumstances specified in clause 17 of Schedule 4 (Emergency safety measures) is subject to the condition that the person claiming the exemption must comply with all applicable requirements (if any) of the Minister—(a) that are published in the Gazette, or notified in writing to the person, for the purposes of this subclause, and(b) that are for the purposes of implementing the water management principles in relation to the use of water the subject of the exemption.(5) An exemption conferred by this clause in relation to an exemption under clause 21 in relation to the taking of groundwater or overland flow water for the purpose specified in Schedule 4, clause 17B (Emergency works) is subject to the condition that the person claiming the exemption must—(a) before or as soon as reasonably possible after commencing the relevant emergency works, give the Natural Resources Access Regulator the following information—(i) the person’s name and contact details,(ii) if applicable—the name and contact details of any other person by whom, or body by which, the works are to be carried out,(iii) the address of the site of the works,(iv) the nature of the emergency event resulting in the need to carry out the works,(v) the significant risk to be reduced by the works, and(b) within 14 days after completing the relevant emergency works, give the Natural Resources Access Regulator the following further information—(i) the date of completion of the works,(ii) the volume of groundwater or overland flow water extracted while carrying out the works,(iii) if it is not possible to measure the volume of groundwater or overland flow water extracted while carrying out the works—an estimate of the volume.cl 34: Am 2021 (81), Sch 1[4].
35 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.
36 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
37 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 within an area declared to be an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,(b) land within an area declared to be critical habitat under Division 3 of Part 7A of the Fisheries Management Act 1994,(c) 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,(d) land that is an Aboriginal place within the meaning of the National Parks and Wildlife Act 1974,(e) land that is reserved for any purpose under the National Parks and Wildlife Act 1974,(f) land the subject of a conservation agreement in force under section 69B of the National Parks and Wildlife Act 1974,(g) land the subject of a property vegetation plan under Part 4 of the Native Vegetation Act 2003 (as continued in force under the Biodiversity Conservation Act 2016),(h) land within a State forest within the meaning of the Forestry Act 2012 (other than land in any part of a State forest that is a plantation within the meaning of that Act),(i) land within a coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),(j) waterfront land (other than waterfront land relating to a minor stream).
38 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, orthat is used pursuant to that entitlement for a purpose permitted by that entitlement, or for a purpose permitted by section 7(7) of the former 1912 Act,(ii) (the previously repealed) section 7(7) of the former 1912 Act,(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 Water NSW or the Ministerial Corporation, and is authorised by Water NSW or the Ministerial 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),(e) a water tanker (being a motor vehicle including a tank for the purpose of conveying water) and any water pump comprising part of the water tanker, but only if—(i) the water tanker or pump is used to take or convey water for the purpose of dust suppression activities by a public authority, and(ii) the public authority is satisfied that taking the water will not have a significant adverse impact on basic landholder rights or land referred to in clause 37(2)(a)–(j).
39 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 4),(f) any person, in relation to the construction or use of a water supply work for the purposes only of complying with a direction given under the 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 approved under section 10 of the Soil Conservation Act 1938, for the purpose of giving effect to the project,(h) any person, in relation to the construction or use of a water supply work for the purpose of carrying out emergency works.(2) An exemption conferred by subclause (1)(c) is subject to a condition that any person claiming the exemption must furnish Water NSW with the following—(a) a report on the completion of the construction of the exempt monitoring bore not more than 60 days after the completion,(b) any report that the Minimum Construction Requirements for Water Bores in Australia states is to be prepared, not more than 60 days after the event or activity in respect of which the report is to be prepared.(3) 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.(4) An exemption conferred by subclause (1)(e) ceases to apply at the same time as the exemption under clause 21(4) ceases to apply in respect of the taking of the water for approved watering for basic human water needs.(5) 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.(6) An exemption conferred by subclause (1)(h) is subject to the condition that the person claiming the exemption must—(a) before or as soon as reasonably possible after commencing the relevant emergency works, give the Natural Resources Access Regulator the following information—(i) the person’s name and contact details,(ii) if applicable—the name and contact details of any other person by whom, or body by which, the works are to be carried out,(iii) the address of the site of the works,(iv) the nature of the emergency event resulting in the need to carry out the works,(v) the significant risk to be reduced by the works, and(b) within 14 days after completing the relevant emergency works, give the Natural Resources Access Regulator the following further information—(i) the date of completion of the works,(ii) the volume of groundwater or overland flow water extracted while carrying out the works,(iii) if it is not possible to measure the volume of groundwater or overland flow water extracted while carrying out the works—an estimate of the volume.cl 39: Am 2021 (81), Sch 1[5] [6].cl 39AA: Ins 2020 (35), Sch 1[1] (disallowed, Legislative Council, 22.9.2020).
39A Exemption relating to certain public authorities granted by Minister during drought
(1) The Minister may, on application for an exemption under this clause, exempt a relevant public authority from section 91B(1) of the Act in relation to the construction or use (or both) of a water supply work.(2) An exemption under this clause is to be granted by notice in writing to the relevant public authority (an exemption notice).(3) The Minister may grant an exemption only if satisfied that—(a) conditions of drought exist, and(b) the grant of the exemption is in the public interest given those conditions.(4) An exemption is subject to the condition that the public authority must notify the Minister in writing of the following matters within the relevant period—(a) the plans of the public authority in relation to the water supply work, in particular, whether or not it proposes to continue to use the work after the exemption expires,(b) if the public authority intends to cease using the water supply work on or before the expiry of the exemption—the date on which it will cease to use the work and its plans for the work once that occurs (for example, whether the work is to be capped, decommissioned or removed),(c) if the public authority intends to continue using the water supply work after the exemption expires—whether it intends to—(i) apply for an extension of the period of the exemption, or(ii) rely on another exemption pursuant to the Act or the regulations from the requirement for an approval in relation to the work, or(iii) apply for a water supply work approval in relation to the work.Note—A further notification is required under this condition if an exemption is extended—see subclause (10).(5) The Minister may grant an exemption subject to any further conditions that the Minister considers appropriate.(6) Without limiting subclause (5), the Minister may grant an exemption subject to conditions that relate to one or more of the following—(a) the location of the water supply work,(b) the water source from which water is proposed to be taken by the water supply work,(c) the construction standards with which the water supply work must comply,(d) the maximum size of the water supply work,(e) reporting requirements on completion of the construction of the water supply work.(7) The Minister may revoke an exemption, by notice in writing to the public authority, for any reason that the Minister considers appropriate.(8) An exemption remains in force (unless revoked earlier)—(a) for the period specified in the exemption notice (or, if extended, specified in the extension notice) for the purposes of this subclause, or(b) if no period is so specified—for 12 months following the date of the grant of the exemption.(9) The Minister may, on application for an extension of an exemption under this clause, extend the time for which an exemption remains in force by giving further notice in writing to the public authority (an extension notice).(10) Subclauses (3)–(7) apply to the grant of an extension of an exemption and an extended exemption in the same way as they apply to the grant of an exemption and an exemption.(11) In this clause—relevant period means—(a) in relation to an exemption (as initially granted)—(i) the period specified in the exemption notice for the purposes of subclause (4), or(ii) if no period is so specified—the period of 3 months before the date on which the exemption is due to expire, and(b) in relation to an extended exemption—(i) the period specified in the extension notice for the purposes of subclause (4), or(ii) if no period is so specified—3 months before the date on which the exemption as extended is due to expire.means a public authority who supplies water to the public.cl 39A: Ins 2019 (367), Sch 1.
39B Exemption relating to use of tailwater drain—the Act, s 400(2)
(1) A landholder is exempt from the Act, section 91B(1) in relation to the use of a tailwater drain for the purpose of collecting rainfall run-off from an irrigated field that is part of the land.(2) In this clause—irrigated field means an area of land that is used for growing crops using irrigation.tailwater drain means a channel or trench that collects excess water from an irrigated field.cl 39B: Ins 2021 (196), Sch 1[1] (disallowed, Legislative Council, 6.5.2021); 2021 (775), Sch 1[3] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[2].
39C (Repealed)
cl 39C: Ins 2023 (109), Sch 1[2]. Rep 2018 (480), cl 39C(7).
Subdivision 4 Exemption from requirement for controlled activity approval
40 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.
41 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.
42 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 4 that are carried out in, on or under waterfront land.
42A Controlled activities—all persons
(1) A person is exempt from section 91E(1) of the Act in relation to controlled activities for the purpose of carrying out emergency works.(2) An exemption conferred by this clause is subject to the condition that the person claiming the exemption must—(a) before or as soon as reasonably possible after commencing the relevant emergency works, give the Natural Resources Access Regulator the following information—(i) the person’s name and contact details,(ii) if applicable—the name and contact details of any other person by whom, or body by which, the works are to be carried out,(iii) the address of the site of the works,(iv) the nature of the emergency event resulting in the need to carry out the works,(v) the significant risk to be reduced by the works, and(b) within 14 days after completing the relevant emergency works, give the Natural Resources Access Regulator the following further information—(i) the date of completion of the works,(ii) the volume of groundwater or overland flow water extracted while carrying out the works,(iii) if it is not possible to measure the volume of groundwater or overland flow water extracted while carrying out the works—an estimate of the volume.cl 42A: Ins 2021 (81), Sch 1[7].
43 Network operators and pipeline licensees
(1) A network operator or pipeline licensee is exempt from section 91E(1) of the Act in relation to a relevant activity of the operator or licensee if—(a) the activity is 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 of land lying between the bed and mean high water mark of an estuary), and(b) the activity does not cause any change in the course of the river, and(c) the operator or licensee, after considering the environmental impact of the activity in accordance with section 5.5 of the Environmental Planning and Assessment Act 1979 (as if the operator or licensee were the determining authority under that section), is satisfied that activity is not likely to significantly affect the environment.(2) In this clause—network operator means the following—(a) a network operator that is licensed or authorised under the Gas Supply Act 1996 or Electricity Supply Act 1995,(b) a registered operator within the meaning of the Water Industry Competition Act 2006.pipeline licensee means a licensee under the Pipelines Act 1967.relevant activity of a network operator or pipeline licensee means the construction, modification, repair or maintenance of, or emergency work on—(a) in the case of a network operator, the operator’s water, gas or electricity infrastructure, and(b) in the case of a pipeline licensee, the pipeline the subject of the licence and its associated infrastructure.cl 43: Am 2021 No 26, Sch 2.16.
Subdivision 5 Exemption from operation of section 106
44 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 4 solely for taking water for a purpose for which the person is exempted by clause 21 from the requirement for an access licence, or(b) a water use approval for the use of water for such a purpose.
Subdivision 6 Exemption from requirement for flood work approval
45 Definition
In this Division—designated high risk flood area means—(a) a recognised floodway that is designated by a converted floodplain management plan, or(b) an area of a floodplain that is within Management Zone A or D under a management plan that applies to the floodplain.
46 Exemption relating to compliance with State emergency direction
(1) A person is exempt from section 91D(1) of the Act if the person constructs, uses or modifies a flood work in compliance with a direction given under the State Emergency and Rescue Management Act 1989 or State Emergency Service Act 1989.(2) An exemption conferred by subclause (1) ceases to apply 3 months after the date on which the direction was given or such later date as the Minister may approve of in writing.
47 Exemption relating to work carried out by determining authorities or under development authorisations
(1) A determining authority is exempt from section 91D(1) of the Act in relation to the construction or use of a flood work if—(a) the construction or use of the work is permitted to be carried out by the determining authority under the Environmental Planning and Assessment Act 1979 (whether or not under a development authorisation), and(b) the work is situated in or on—(i) a place that is located within a managed designated high risk flood area, or(ii) any other place (unless it is located within an unmanaged designated high risk flood area).(2) A person (other than a determining authority) is exempt from section 91D(1) of the Act in relation to the construction or use of a flood work on a landholding that is owned or occupied by the person if—(a) the construction or use of the work is carried out under a development authorisation, and(b) the work is situated in or on—(i) a place that is located within a managed designated high risk flood area, or(ii) any other place (unless it is located within an unmanaged designated high risk flood area), and(c) the total area of the landholding does not exceed 0.2 hectare.Note—Section 5.7 if the Environmental Planning and Assessment Act 1979 makes provision with respect to environmental impact assessments before carrying out, or approving the carrying out of, certain activities.(3) In this clause—has the same meaning as in Division 5.1 of Part 5 of the Environmental Planning and Assessment Act 1979.means—(a) development consent within the meaning of the Environmental Planning and Assessment Act 1979, or(b) approval within the meaning of Division 5.1 of Part 5 of the Environmental Planning and Assessment Act 1979.managed designated high risk flood area means a designated high risk flood area to which a floodplain risk management plan or floodplain risk management study applies (being a plan or study that has been developed and implemented by a local council in accordance with the Floodplain Development Manual 2005, or a replacement manual, notified under section 733 of the Local Government Act 1993).unmanaged designated high risk flood area means a designated high risk flood area other than a managed designated high risk flood area.
48 Exemptions relating to ring embankments around dwelling houses or certain farm infrastructure
A person is exempt from section 91D(1) of the Act if—(a) the person constructs or uses on the person’s land a flood work consisting of—(i) one or more ring embankments that enclose a dwelling house, shed or storage silo, or(ii) one or more partial ring embankments that, together with the slope of land, enclose a dwelling house, shed or storage silo, and(b) the area (or total area) enclosed does not exceed 2 hectares or 10% of the area of the person’s land, whichever is the lesser, and(c) the work is not situated in or on a place that is located within a designated high risk flood area.
49 Exemptions relating to certain public authorities
(1) NSW Trains, Sydney Trains and the Residual Transport Corporation are exempt from section 91D(1) of the Act for the construction or use of a flood work for the purposes of a railway.(2) A roads authority for a public road (within the meaning of the Roads Act 1993) is exempt from section 91D(1) of the Act if it constructs or uses a flood work for the purposes of the public road.
50 Exemption relating to certain earthworks
A person is exempt from section 91D(1) of the Act if—(a) the person constructs or uses a flood work that consists of earthworks (including farm tracks and check banks) that are less than 150 millimetres above (but not below) the natural surface of the ground in or on which it is constructed or situated, and(b) the work is not situated in or on a place that is located within a designated high risk flood area.
Part 4 Irrigation corporations
Division 1 Inclusion of land within irrigation corporation’s area of operations
51 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% 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.
52 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 51(3)(f), or lodged electronically as provided by clause 256, within 28 days after the notice was first published, and(e) must specify the grounds of the objection.cll 52: Am 2018 (693), Sch 1 [5].
Division 2 Exclusion of land from irrigation corporation’s area of operations
53 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% 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.
54 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 51(3)(f), or lodged electronically as provided by clause 256, within 28 days after the notice was first published, and(e) must specify the grounds of the objection.cll 54: Am 2018 (693), Sch 1 [5].
Part 5 Private water corporations and private water trusts
pt 5: Subst 2024 (24), Sch 1[3].
Division 1 General
pt 5, div 1: Subst 2024 (24), Sch 1[3].
55 Fees
For the following provisions, a fee of $150 is prescribed—(a) the Act, section 141(2)(d),(b) the Act, section 159(2)(d),(c) the Act, section 239(2)(d),(d) the Act, section 239D(2)(d).cl 55: Subst 2024 (24), Sch 1[3].
56 Directors
(1) For the Act, sections 144(5) and 223(7), a person ceases to be a director of a private water entity if the person—(a) dies, or(b) resigns, or(c) is absent, without leave, from 3 consecutive meetings of the entity, or(d) becomes personally insolvent, or(e) becomes a mentally incapacitated person, or(f) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or(g) is convicted, in any jurisdiction, of an offence involving fraud.(2) In this clause—director, of a private water entity, means—(a) a board member of a private water corporation, or(b) a trustee of a private water trust.cl 56: Subst 2024 (24), Sch 1[3].pt 5, div 3, hdg: Rep 2024 (24), Sch 1[3].
57 Rules may require security
(1) For the Act, sections 145(2)(n) and 225(2)(o), the rules of a private water entity may require an entity stakeholder to provide security for the payment of rates and charges to the entity, other than a charge under the Act, section 170.(2) The rules may require only the following kinds of security—(a) a charge over an access licence,(b) a guarantee by an authorised deposit-taking institution,(c) a deposit lodged with the entity,(d) a charge over a member’s water entitlement,(e) another kind of security agreed between the entity and the entity stakeholder.(3) The rules must not require the entity stakeholder to provide security of a value greater than the higher of the following—(a) 5 times the value of the rates and charges levied by the private water entity on the entity stakeholder in the immediately preceding water year,(b) 5 times the prescribed amount.(4) The rules may permit the forfeiture of security only if—(a) the amount for which the security is provided is unpaid for at least 6 months from the date it becomes payable, and(b) the entity gives the entity stakeholder written notice (a forfeiture notice) of, and reasons for, the intention to forfeit the security, and(c) the entity considers submissions made within the submission period for the forfeiture notice by or on behalf of the entity stakeholder, and(d) the entity gives the entity stakeholder the option of entering into a payment plan as an alternative to forfeiture, and(e) the entity stakeholder declines the option of entering into, or does not comply with, the payment plan.(5) In this clause—forfeiture, of security, includes the enforcement or realisation of the security.prescribed amount means the average of the value of the rates and charges levied by the private water entity per entity stakeholder for each of the immediately preceding 5 water years.Example—For security required to be provided in a water year, the prescribed amount is the average of 5 amounts, being the amounts, one for each of the immediately preceding 5 water years, determined by dividing the value of the rates and charges levied by the entity in the water year by the number of entity stakeholders of the entity in the water year.submission period, for a forfeiture notice, means the following period after the giving of the notice—(a) the period of 21 days, or(b) if a longer period is specified in the notice—the longer period.cl 57: Subst 2024 (24), Sch 1[3].
58 Rules about dealings
For the Act, sections 145(2)(n) and 225(2)(o), the rules of a private water entity may make provision about dealings under the Act, Chapter 3, Part 2, Division 4.cl 58: Subst 2024 (24), Sch 1[3].
59 Notification of rules
For the Act, sections 145(4) and 225(4), a private water entity must notify each entity stakeholder of changes to its rules, or replaced rules—(a) in writing, and(b) within 2 business days after the change or replacement.cl 59: Subst 2024 (24), Sch 1[3].pt 5, div 4, hdg: Rep 2024 (24), Sch 1[3].
60 Works plans
(1) For the Act, sections 153(2) and 233(2), a works plan must include the following—(a) a map or diagram of the private water entity’s entity works,(b) if the entity is the holder of—(i) an access licence—the access licence number, or(ii) a water management work approval or an activity approval—the approval number,(c) a statement of an address—(i) at which a copy of the works plan is kept, and(ii) from which a copy of the works plan may be obtained by an entity stakeholder.(2) For the Act, sections 153(5) and 233(5), a copy of a works plan must be—(a) kept at the address referred to in subclause (1)(c), and(b) provided to an entity stakeholder within 5 business days of the stakeholder requesting a copy of the works plan.(3) In this clause—entity works means—(a) corporation works, or(b) trust works.cl 60: Subst 2024 (24), Sch 1[3].
61 Water entitlements
(1) For the Act, sections 154(3)(e) and 234(3)(e), previous determinations of water entitlements for all members of the private water entity are prescribed.(2) For the Act, sections 154(5) and 234(5), a determination of a member’s water entitlement must specify the following—(a) the matters considered by the private water entity in making the determination,(b) the proportion of the share component of an access licence held by or on behalf of the entity that is available to the member,(c) the licence category of the member’s proportion of the share component.(3) For the Act, sections 154(6) and 234(6), a determination may be varied or redetermined to correct an error, but only on a further application made by a member of the private water entity within 2 years of the determination.(4) To avoid doubt, a member of a private water entity, in subclause (3), means a person who, at the time of the further application, is—(a) a current member, and(b) not merely a former member.(5) For the Act, sections 154(7) and 234(7), a member of a person’s immediate family means—(a) a spouse or de facto partner, or a former spouse or de facto partner, of the person, or(b) a child or step-child of the person, or(c) a grandchild or step-grandchild of the person, or(d) a parent or step-parent of the person, or(e) a grandparent or step-grandparent of the person, or(f) a brother, sister, step-brother or step-sister of the person.cl 61: Subst 2024 (24), Sch 1[3].
62 Notification of sale of land
For the Act, sections 161(2) and 239B(2), a member of a private water entity must notify the entity of the sale of land as follows—(a) before the sale—by giving the entity written notice of the member’s intention to sell the land,(b) within 21 days after the sale—by giving the entity written notice of the following—(i) the date of the sale,(ii) the identity of the purchaser,(iii) whether the member informed the purchaser the land was land to which the entity provides, or is able to provide, water supply or drainage services.cl 62: Subst 2024 (24), Sch 1[3].
63 Rates and charges
For the Act, sections 163(6) and 239E(6), a private water entity must give notice of its rates and charges for a year—(a) in writing, and(b) within 21 days of fixing the rates and charges, and(c) if interest is payable on unpaid rates and charges—by specifying—(i) the basis on which interest is calculated, and(ii) when the interest becomes payable.cl 63: Subst 2024 (24), Sch 1[3].
64 Qualifications for appointment as auditor
For the Act, sections 166(5) and 239H(5), each of the following persons is qualified for appointment as an auditor—(a) a registered company auditor within the meaning of the Corporations Act 2001 of the Commonwealth,(b) a Certified Practising Accountant member of CPA Australia, New South Wales Division,(c) a member of Chartered Accountants Australia and New Zealand who holds a Certificate of Public Practice issued by the organisation,(d) a member of the Institute of Public Accountants who holds a Professional Practice Certificate issued by the organisation.cl 64: Subst 2024 (24), Sch 1[3].pt 5, div 5, hdg: Rep 2024 (24), Sch 1[3].
65 Liquidators
For the Act, sections 177(3) and 239P(3), the liquidator of a private water entity must not be a member of, or have a direct or indirect pecuniary interest in, the entity.cl 65: Subst 2024 (24), Sch 1[3].
Division 2 Private water corporations—additional provisions
pt 5, div 2: Subst 2024 (24), Sch 1[3].
66 Charges for water illegally taken and damage to works
(1) For the Act, section 170(4)(a), the value of the water must be, subject to this clause, determined in accordance with clause 20.(2) For subclause (1), a reference in clause 20 to a water source is deemed to be a reference to a water source from which water is taken by a water management work owned by, or under the control and management of, the corporation.(3) For the Act, section 170(9), a private water corporation must not exercise powers under the Act, section 170 unless—(a) the corporation’s satisfaction of the following, as the case requires, is based on evidence tabled at a meeting of the corporation or its board—(i) that a person has knowingly taken water as referred to in the Act, section 170(1),(ii) that a person has destroyed, damaged or interfered with a work that is owned by, or is under the control or management of, the corporation as referred to in the Act, section 170(2), andNote—Under the Act, section 170(1) and (2), the private water corporation must be satisfied of these things on the balance of probabilities.(b) the corporation has given at least 21 days notice of the intention to exercise the power, and reasonable particulars of the proposed exercise of the power, to the Minister, and(c) for the imposition of a charge for the taking of water—the Minister has notified the private water corporation that the Minister is not aware that a person has taken or has an intention to take a relevant action, and(d) the corporation’s rules specify how the powers may be exercised, and(e) the exercise of the powers is in accordance with the rules.(4) For the Act, section 145(2)(n), the rules of a private water corporation may provide for the matter mentioned in subclause (3)(d).(5) In this clause—relevant action means action of the following kind in relation to the taking of the water—(a) the commencement of criminal proceedings,(b) the issue of a penalty notice,(c) the imposition of a charge or a decision to debit a water allocation under the Act, section 60G,(d) the commencement of proceedings under the Act, section 336 for an order to remedy or restrain a breach of the Act or the regulations,(e) the acceptance of an undertaking under the Act, Chapter 7, Part 1, Division 8.cl 66: Subst 2024 (24), Sch 1[3].
67 Appointment of authorised officers
For the Act, section 171(1), an appointment of an authorised officer of a private water corporation must—(a) specify the powers the officer may exercise, and(b) state that the officer may exercise the powers only in relation to water management works shown on the corporation’s works plan.cl 67: Subst 2024 (24), Sch 1[3].
Divisions 6–12
68–95 (Repealed)
pt 5, div 6, hdg: Rep 2024 (24), Sch 1[3].
pt 5, div 6, Subdivision 1, hdg: Rep 2024 (24), Sch 1[3].
cl 68: Rep 2024 (24), Sch 1[3].
pt 5, div 6, Subdivision 2: Rep 2024 (24), Sch 1[3].
cl 69: Rep 2024 (24), Sch 1[3].
cl 70: Rep 2024 (24), Sch 1[3].
cl 71: Rep 2024 (24), Sch 1[3].
pt 5, div 7: Rep 2024 (24), Sch 1[3].
cl 72: Rep 2024 (24), Sch 1[3].
cl 73: Rep 2024 (24), Sch 1[3].
cl 74: Rep 2024 (24), Sch 1[3].
pt 5, div 8: Rep 2024 (24), Sch 1[3].
cl 75: Rep 2024 (24), Sch 1[3].
cl 76: Rep 2024 (24), Sch 1[3].
cl 77: Rep 2024 (24), Sch 1[3].
cl 78: Rep 2024 (24), Sch 1[3].
pt 5, div 9: Rep 2024 (24), Sch 1[3].
cl 79: Rep 2024 (24), Sch 1[3].
cl 80: Rep 2024 (24), Sch 1[3].
pt 5, div 10: Rep 2024 (24), Sch 1[3].
cl 81: Rep 2024 (24), Sch 1[3].
cl 82: Rep 2024 (24), Sch 1[3].
cl 83: Rep 2024 (24), Sch 1[3].
cl 84: Rep 2024 (24), Sch 1[3].
pt 5, div 11: Rep 2024 (24), Sch 1[3].
cl 85: Rep 2024 (24), Sch 1[3].
cl 86: Rep 2024 (24), Sch 1[3].
cl 87: Rep 2024 (24), Sch 1[3].
cl 88: Rep 2024 (24), Sch 1[3].
cl 89: Rep 2024 (24), Sch 1[3].
cl 90: Rep 2024 (24), Sch 1[3].
cl 91: Rep 2024 (24), Sch 1[3].
pt 5, div 12: Rep 2024 (24), Sch 1[3].
cl 92: Rep 2024 (24), Sch 1[3].
cl 93: Rep 2024 (24), Sch 1[3].
cl 94: Rep 2024 (24), Sch 1[3].
cl 95: Rep 2024 (24), Sch 1[3].
Parts 6, 7
96–112 (Repealed)
pt 6: Rep 2024 (24), Sch 1[3].
pt 6, div 1: Rep 2024 (24), Sch 1[3].
cl 96: Rep 2024 (24), Sch 1[3].
pt 6, div 2: Rep 2024 (24), Sch 1[3].
cl 97: Rep 2024 (24), Sch 1[3].
cl 98: Rep 2024 (24), Sch 1[3].
cl 99: Rep 2024 (24), Sch 1[3].
cl 100: Rep 2024 (24), Sch 1[3].
pt 7: Rep 2024 (24), Sch 1[3].
pt 7, div 1: Rep 2024 (24), Sch 1[3].
cl 101: Rep 2024 (24), Sch 1[3].
cl 102: Rep 2024 (24), Sch 1[3].
cl 103: Rep 2024 (24), Sch 1[3].
cl 104: Rep 2024 (24), Sch 1[3].
cl 105: Rep 2024 (24), Sch 1[3].
cl 106: Rep 2024 (24), Sch 1[3].
cl 107: Rep 2024 (24), Sch 1[3].
pt 7, div 2: Rep 2024 (24), Sch 1[3].
cl 108: Rep 2024 (24), Sch 1[3].
cl 109: Rep 2024 (24), Sch 1[3].
cl 110: Rep 2024 (24), Sch 1[3].
cl 111: Rep 2024 (24), Sch 1[3].
pt 7, div 3: Rep 2024 (24), Sch 1[3].
cl 112: Rep 2024 (24), Sch 1[3].
Part 8 Public works
113 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 likely 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.
114 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.
Part 9 Water supply authorities
Division 1 Preliminary
115 Definitions
In this Part—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.
Division 2 Areas of operations and functions
116 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, and(e) the land on which the Broken Hill Pumping Station is situated, and(f) the land from the Broken Hill Pumping Station to Broken Hill on which the Broken Hill 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.cl 116: Am 2018 (693), Sch 1 [3].
117 Central Coast Council
(1) Central Coast Council’s area of operations is its local government area under the Local Government Act 1993.(2) Central Coast Council has and may exercise all of the functions of a water supply authority.
118 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.
119 Water NSW—Fish River water supply scheme
(1) Water NSW’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 Water NSW in relation to the Fish River water supply scheme (within the meaning of the Water NSW Act 2014) in the local government areas of 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 Water NSW (in relation to the Fish River water supply scheme).(2) Water NSW has and may exercise only the function of providing water services.
120 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.
121 Ministerial approval not required for certain works
(1) A water supply authority is exempt from the requirement for the Minister’s approval under section 292(1)(a) of the Act except for the purposes of any of the following works—(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 or declared dams under the Dams Safety Act 2015,(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 obtaining the approval 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, orwith respect to the construction, maintenance or operation of the works to which the approval relates.(c) to accept any supervision that the Minister has required,
121A Annual performance report
A water supply authority must provide a report to the Minister, that is in accordance with any requirements of the Minister, relating to the performance of its functions during each financial year.cl 121A: Ins 2021 (281), Sch 1[1].
121B Strategic planning
(1) For the Act, section 322(1)(e), a water supply authority must undertake strategic planning for the exercise of its functions that, in the opinion of the Secretary, or person nominated by the Secretary, is effective and evidence-based.(2) This clause does not have effect until 1 December 2024.cl 121B: Ins 2021 (281), Sch 1[1]. Subst 2024 (223), Sch 1.
Division 3 Water supply
Subdivision 1 Preliminary
122 Application
This Division applies to and in respect of water supplied by the following water supply authorities—(a) Essential Energy,(b) Central Coast Council,(c) Cobar Water Board,(d) Water NSW,(e) the Sydney Olympic Park Authority.
Subdivision 2 Water services
123 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 Central Coast 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—Section 7 of the Plumbing and Drainage Act 2011 provides that 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.
124 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, 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 Development Act 2015 are taken to constitute a single parcel of land.
125 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.
126 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, orso as to waste water supplied by a water supply authority.(c) cause or allow anything else to be done,(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.
127 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.
128 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.
129 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
130 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.
131 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 water supply authority.
132 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, orin accordance with the directions of the relevant water supply authority.(b) must take such other action as is necessary to enable the meter to be conveniently read or examined,Maximum penalty—10 penalty units.
133 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).
134 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.
135 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% 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% 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% 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.
136 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.(3) A meter that is installed for measuring the quantity of water supplied to land is to be installed on the water supply service pipe for the land, at a point that, in the opinion of the water supply authority, is as near as practical to the boundary of the land.
Subdivision 4 Fire hydrants
137 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, orin which case the water supply authority may provide other means for the ready supply of water to control and extinguish fires.(b) so as to require fire hydrants to be installed if the water supply system is not sufficient for the operation of fire hydrants,(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.
138 Maintenance of fire hydrants
A water supply authority must ensure that all fire hydrants installed by it are maintained in effective working order.
139 Supply of water to fire hydrants
(1) 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.(2) A water supply authority is not required to comply with subclause (1) in respect of a pipe supplying water to a fire hydrant if—(a) the pipe is a water transfer pipe that is not in continuous operation, and(b) the water supply authority has given notice in writing to the relevant fire authority for the location concerned of the fact that the fire hydrant might not be operable because the pipe supplying water to the fire hydrant is not in continuous operation.(3) In this clause, the for a location is—(a) in the case of a location within a fire district constituted under the Fire Brigades Act 1989—the Commissioner of Fire and Rescue NSW, or(b) in the case of a location within a rural fire district constituted under the Rural Fires Act 1997—the Commissioner of the NSW Rural Fire Service.
140 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
141 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 water supply 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
142 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) Central Coast 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
143 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 Central Coast 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—Section 7 of the Plumbing and Drainage Act 2011 provides that 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.
144 Sewerage service not to be shared
(1) A person must not—(a) operate or use a shared sewerage service, orwithout the consent of the relevant water supply authority.(b) install, maintain or use a sewerage service for any land beyond the boundary of that land,Maximum penalty—20 penalty units.(2) In subclause (1)(a), 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 Development Act 2015 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.
145 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
146 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 147.discharge approval means an approval for the discharge of a substance into a water supply authority’s sewerage system.
147 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.
148 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).
149 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.
150 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.
151 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, orfrom the date on which it is granted.(b) if no such period is so specified, for 5 years,(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.
152 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 149, 150 and 151 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.
153 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
154 Application of Division
(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, 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.
155 Definitions
In this Part—means a plumbing fitting that is authorised for use under clause 167 within the area of operations of the relevant water supply authority.certificate of compliance means a certificate of the kind referred to in clause 159.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.
Subdivision 2 Plumbing work
156 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.
157 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.
158 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.
159 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.
160 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.
161 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.
Subdivision 3 Plumbing permits
162 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.
163 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.
164 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.
165 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.
166 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
167 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 of operation of Essential Energy
Subdivision 1 Preliminary
168 Definitions
In this Division—public land means—(a) land owned or vested in Essential Energy, or(b) Crown land within the meaning of the Crown Land Management Act 2016.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 approved by the Minister before the commencement of this Regulation and published on the Department’s website, and(b) Imperial Lake, and the area of land surrounding the lake, as shown by hatched edging on the map approved by the Minister before the commencement of this Regulation and published on the Department’s website, and(c) Umberumberka Reservoir, and the area of land surrounding the reservoir, as shown by hatched edging on the map approved by the Minister before the commencement of this Regulation and published on the Department’s website.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 that part of 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 as shown on the map approved by the Minister before the commencement of this Regulation, and published on the Department’s website, for the purposes of this definition.Umberumberka Creek Special Area means that part of 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 as shown on the map approved by the Minister before the commencement of this Regulation, and published on the Department’s website, for the purposes of this definition.Yancowinna Creek Special Area means that part of 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 as shown on the map approved by the Minister before the commencement of this Regulation, and published on the Department’s website, for the purposes of this definition.
Subdivision 2 Special areas generally
169 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, oron land in a special area.(b) engage in any intensive agricultural activity (such as an animal feedlot),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.
170 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.
171 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.
172 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.
173 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
174 Application of Subdivision
This Subdivision applies to the rural portion of the Stephens Creek, Umberumberka Creek and Yancowinna Creek Special Areas.
175 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.
176 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.
177 Erection and alteration of buildings and structures
A person must not—(a) erect any building or structure, or(b) carry out any work, orin the rural portion of a special area without the consent of Essential Energy.(c) alter or extend any existing building, structure or work,Maximum penalty—20 penalty units.
178 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 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.pesticide has the same meaning as it has in the Pesticides Act 1999.
Subdivision 4 Restricted portions of special areas
179 Application of Subdivision
This Subdivision applies to the restricted portion of the Stephens Creek and Umberumberka Creek Special Areas.
180 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.
181 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.
182 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.
183 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, orwithout the consent of Essential Energy.(k) sell or offer for sale any goods on or by any public road in the restricted portion of a special area,Maximum penalty—10 penalty units.
184 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, orwithout the consent of Essential Energy.(b) open any gate to any public land in the restricted portion of a special area,Maximum penalty—10 penalty units.
185 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.
186 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
187 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.
188 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.
189 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
190 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) Central Coast Council,(c) Cobar Water Board,(d) Water NSW,(e) the Sydney Olympic Park Authority.
191 Definitions
In this Part, land means—(a) a parcel within the meaning of the Strata Schemes Development Act 2015, or(b) an existing lot within the meaning of the Conveyancing Act 1919.
Subdivision 2 Service charges and other charges
192 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.
193 Classification of land
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.
194 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 water supply authority,(d) the classification of the land, as determined by the water supply 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 water supply 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 3500:2003, Plumbing and Drainage, as in force from time to time, published by Standards Australia.
195 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.
196 Determination of service charges
A determination by a water supply authority under section 315(1) of the Act is to be made by resolution.
197–199 (Repealed)
cll 197–199: Rep 2021 (281), Sch 1[2].
200 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, andnotified by the water supply authority when giving notice of the service charge or other charge.(b) may be made in any manner,
201 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 water supply 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.
202 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.
203 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 water supply authority in writing stating the grounds of the application, the water supply 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 water supply authority.
204 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.
205 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.
206 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, orthe applicant may, within one month after being notified of the refusal, object to the refusal.(b) refuses to adjust the service charge in the manner sought in the application,(2) An objection under this clause may be made only on the ground that the refusal by the water supply authority was incorrect.
207 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
208 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 water supply authority.
Subdivision 4 Miscellaneous
209 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 141 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.
210 Service of notices
(1) A notice under this Part to a Public Service agency may be served on the head of the agency.(2) A notice under this Part to a statutory corporation 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 this Part 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 this Part 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.
211 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
212 Application
This Division (Subdivision 5 excepted) applies to and in respect of the following water supply authorities—(a) Essential Energy,(b) Cobar Water Board.
213 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 surviving spouse (including 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, orand 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(iii) the widowed mother of a deceased unmarried member of either of those Forces,(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 201 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
214 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.
215 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.
216 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.
217 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
218 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, oris taken, for the purposes of this Division, to be or to have been an eligible pensioner.(b) any person belonging to a class of persons specified in the order, being persons referred to in paragraph (a),(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, oris 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.(b) any person belonging to a class of persons specified in the order, being persons referred to in paragraph (a),(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
219 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 water supply authority.Note—Section 344 of the Act provides that it is an offence to make a false or misleading application.
220 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, andthe 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 water supply authority.(c) applies to the water supply authority for a refund of the amount of the reduction,
221 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.
222 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
223 Central Coast Council
(1) 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 levied or imposed by Central Coast Council under the Water Management Act 2000.(2) Subclause (1) 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
224 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.
225 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.
226 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.
227 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 Metering equipment
Division 1 Preliminary
pt 10, div 1: Ins 2018 (693), Sch 1 [4].
228 Interpretation
(1) In this Part—application day for the mandatory metering equipment condition imposed on an authority means the day that condition applies to the authority.approval holder, for an approved work, means the holder of the water supply work approval relating to the approved work.approved work means a water supply work for which a water supply work approval has been granted.AS 4747 means Australian Standard AS 4747—2013, Meters for non-urban water supply, as in force from time to time.means a water supply work approval, an access licence or a licence or other entitlement under the former 1912 Act.faulty, in relation to point-of-intake metering equipment or storage metering equipment, means equipment not operating properly or that is not operating.mandatory floodplains condition means the mandatory condition imposed on a water supply work approval under clause 238B or Division 3A, Subdivision 2.mandatory metering equipment condition means a condition imposed on a water supply work approval by section 101A(1) of the Act or on another authority under clause 229.measurement period means the period determined by operation of clause 238F.metered work means a water supply work in connection with which metering equipment has been installed.open channel means a channel or conduit used for conveying water that is not enclosed.point-of-intake metering equipment, for a water supply work, means equipment that measures the flow of water as it enters the water supply work.primary metering equipment means the point-of-intake metering equipment or storage metering equipment for a water supply work.registered surveyor means a registered surveyor under the Surveying and Spatial Information Act 2002 or a corresponding law of another State or a territory.secondary metering device means a device or a type of device—(a) approved by the Minister, notice of the approval of which must be published on a website maintained by the Department, and(b) validated by a duly qualified person in accordance with the standards specified by the Minister for the device or type of device.storage metering equipment, for a water supply work, means metering equipment that measures the surface level of water in the work.storage metering equipment standards means the storage metering equipment standards approved by the Minister and published in the Gazette.survey benchmark standard means a survey benchmark standard approved by the Minister and published in the Gazette.(2) For the purposes of this Part, an authority applies to a work if—(a) the authority authorises the use of the work, or(b) the work is or may be used to take water that is permitted to be taken under the authority.cl 228: Ins 2018 (693), Sch 1 [4]. Am 2020 (370), Sch 1[2]; 2021 (775), Sch 1[4] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[3].
Division 2 Metering equipment conditions
pt 10, div 2: Ins 2018 (693), Sch 1 [4].
229 Mandatory metering equipment conditions
(1) For the purposes of section 115 of the Act, it is a mandatory condition of an access licence that metering equipment is installed, used and properly maintained in connection with a water supply work that is or may be used to take water under the licence if—(a) the work is exempt from the requirement for a water supply work approval because of section 4.41 or 5.23 of the Environmental Planning and Assessment Act 1979 or because it is part of a transitional Part 3A project under that Act, or(b) the work is used for the purpose of prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991.(2) For the purposes of section 115A of the Act, it is a mandatory condition of a licence or other entitlement under the former 1912 Act that metering equipment is installed, used and properly maintained in connection with a work that is or may be used to take water under the licence or entitlement.(3) The holder of an authority is taken to have complied with a particular aspect of the condition imposed by this clause if the holder has complied with the applicable requirements (if any) set out in this Regulation.cl 229: Ins 2018 (693), Sch 1 [4].
230 Temporary exemptions from mandatory metering equipment condition
(1) The mandatory metering equipment condition does not apply to the following works before the day specified below for the works—(a) for a work that takes or may be used to take water from a water source to which any of the following water sharing plans (as in force on 1 July 2019) apply, 1 December 2021—(b) for a work that takes or may be used to take water from a water source to which of any of the following water sharing plans (as in force on 1 July 2019) apply, 1 June 2023—(c) for a work that takes or may be used to take water from a water source to which any of the following water sharing plans (as in force on 1 July 2020) apply, 1 December 2024—(2) The mandatory metering equipment condition does not apply to the following works that are or may be used to take water under a licence or entitlement under the former 1912 Act before the day specified below for the works—(a) for a work authorised under a licence or entitlement with a number that begins with 80, 85 or 90, 1 December 2021,(b) for a work authorised under a licence or entitlement with a number that begins with 40, 50, 57, 60 or 70, 1 June 2023,(c) for a work authorised under a licence or entitlement with a number that begins with 10, 20 or 30, 1 December 2024,(2A) The mandatory metering equipment condition, or a condition of an authority that relates to an extraction measurement device, a flow measurement device or other metering equipment for a work to which the authority applies, does not apply before 1 December 2024 to a work to which an authority applies that is all of the following—(a) a pump for surface water of not more than 99 mm, or a water bore for groundwater with a diameter of not more than 199 mm,(b) only used or authorised to take water pursuant to—(i) a domestic and stock access licence, other than an access licence in the subcategory town water supply”, or(ii) a basic landholder right and a domestic and stock access licence, other than an access licence in the subcategory town water supply”,(c) not used or authorised to take water from a water source described in Schedule 9,(d) not authorised under the same authority, or nominated in the same access licence, as another work to which the mandatory metering equipment condition applies,(e) not situated on the same landholding and used to take water from the same water source as another work—(i) to which an authority held by the same holder applies, and(ii) to which the mandatory metering equipment condition applies.(3) Despite subclauses (1) and (2), if a work is a pump for surface water that is 500 mm or greater or is the subject of an authority that applies to a work of that kind, the mandatory metering equipment condition applies on and from 1 December 2020.(4) An exemption under subclause (1) or (2) ceases to apply to a work if—(a) it was a condition of an authority applying to the work, as in force on 1 April 2019, that an extraction measurement device, a flow measurement device or other metering equipment be installed in connection with the work and the device or equipment is replaced, or first installed, on or after 1 April 2019, or(b) it is a condition of an authority (other than a replacement access licence or replacement approval, within the meaning of Schedule 10 to the Act) applying to the work, issued after 1 April 2019, that an extraction measurement device, a flow measurement device or other metering equipment be installed in connection with the work and the device or equipment is installed on or after 1 April 2019.Note—An exemption under this clause does not prevent a person—(a) from having to comply with a direction given under section 326 of the Act, or(b) from complying with a condition relating to metering equipment imposed under a provision of the Act other than section 101A.(5) Despite any other provision of this clause, the mandatory metering equipment condition is required to be complied with in respect of a water supply work being used to take groundwater under an exemption specified in clause 17A of Schedule 4, subject to the following—(a) clause 4(3) of Schedule 8 is not required to be complied with,(b) the person claiming the exemption specified in clause 17A must—(i) record water taken using the work for which the exemption is claimed in the approved form and manner, and(ii) give a copy of the record to the Minister not later than 28 days after the end of the water year in which the water was taken (or by an earlier date notified by the Minister in writing to the person).cl 230: Ins 2018 (693), Sch 1 [4]. Am 2019 (557), Sch 1[1]–[12]; 2019 (592), Sch 1[2]; 2020 (370), Sch 1[3]–[5]; 2021 (738), sec 3(1) (2); 2022 (819), Sch 1[1] [2].
231 Permanent exemptions from mandatory metering equipment condition
(1) The mandatory metering equipment condition does not apply to a work to which an authority applies if any of the following circumstances apply—(a) an exemption is granted by the Minister under clause 233 and the exemption has not been revoked,(b) the work is a pump for surface water and the use of 1 pump of not more than 99 mm is permitted under the authority,(c) the work is a water bore for groundwater and the use of 1 water bore with a diameter of not more than 199 mm is permitted under the authority or, if the authority does not specify the diameter, the water bore has a diameter of not more than 199 mm,(d) the work is solely used to take water pursuant to a basic landholder right,(e) in the case of an approved work, the work is used only in circumstances where the holder of the approval is exempt from the requirement to hold an access licence for the taking of water using the work,(f) the work is solely used to take water under a floodplain harvesting (regulated river) access licence or a floodplain harvesting (unregulated river) access licence,(g) the work is not nominated in an access licence.(1A) If written notice has been given to the Minister under clause 248A, the capacity of the water supply work notified under that clause is relevant for the purposes of subclause (1).(2) The mandatory metering equipment condition does not apply to 2 or more pumps for surface water to which the same authority applies, or that are situated on the same landholding and to which different authorities apply, or that are nominated works in the same access licence, if one of the following applies—(a) there are no more than 2 pumps, and the use of pumps of not more than 74 mm is permitted by the applicable authorities,(b) there are no more than 3 pumps, and the use of pumps of not more than 49 mm is permitted by the applicable authorities,(c) there are no more than 4 pumps, and the use of pumps of not more than 39 mm is permitted by the applicable authorities.(3) The mandatory metering equipment condition does not apply to 2 or more water bores for groundwater to which the same authority applies, or that are situated on the same landholding and to which 2 or more authorities apply, or that are nominated works in the same access licence, if one of the following applies—(a) there are no more than 2 water bores and the use of water bores having a diameter of not more than 159 mm is permitted by the applicable authorities or, if an applicable authority does not specify the diameter, the diameter of the water bore is not more than that size,(b) there are no more than 3 water bores and the use of water bores having a diameter of not more than 129 mm is permitted by the applicable authorities or, if an applicable authority does not specify the diameter, the diameter of the water bore is not more than that size,(c) there are no more than 4 water bores and the use of water bores having a diameter of not more than 119 mm is permitted by the applicable authorities or, if an applicable authority does not specify the diameter, the diameter of the water bore is not more than that size.(4) Subclauses (1)(b) and (c), (2) and (3) do not apply to a water supply work if—(a) it was a condition of the authority that applies to the work, as in force on the commencement of this clause, that an extraction measurement device, a flow measurement device or other metering equipment be installed in connection with the work, or(b) the work is authorised to take water from a water source described in Schedule 9, or(c) it is a condition of an authority that applies to the work, issued after the commencement of this clause, that metering equipment be installed in connection with the work.(4A) Subclause (1)(b) does not apply to a water supply work if subclause (2) applies to the work.(4B) Subclause (1)(c) does not apply to a water supply work if subclause (3) applies to the work.(5) For the purposes of subclauses (2) and (3), those provisions do not apply to a water supply work that is—(a) a work that is authorised to be used only if another work to which the same authority applies is not capable of being used because of a mechanical or electrical failure, and(b) being used in those authorised circumstances.(6) Despite any other provision of this clause, the mandatory metering equipment condition is required to be complied with in respect of a water supply work being used to take groundwater under an exemption specified in clause 17A of Schedule 4, subject to the following—(a) clause 4(3) of Schedule 8 is not required to be complied with,(b) the person claiming the exemption specified in clause 17A must—(i) record water taken using the work for which the exemption is claimed in the approved form and manner, and(ii) give a copy of the record to the Minister not later than 28 days after the end of the water year in which the water was taken (or by an earlier date notified by the Minister in writing to the person).Note—An exemption under this clause does not prevent a person—(a) from having to comply with a direction given under section 326 of the Act, or(b) from complying with a condition relating to metering equipment imposed under a provision of the Act other than section 101A.cl 231: Ins 2018 (693), Sch 1 [4]. Am 2019 (557), Sch 1[1] [13]–[16]; 2019 (592), Sch 1[3]; 2020 (10), Sch 1[6]; 2022 (454), sec 3(1).
232 Inactive water supply works
The mandatory metering equipment condition does not apply to a work that is or may be used to take water under an authority if—(a) the authority under which the work is or may be used to take water indicates that the work is inactive, and(b) the authority is subject to conditions that prohibit the work from being used to take water while it is inactive and from being capable of taking water from a water source while it is inactive, and(c) the conditions referred to in paragraph (b) are complied with.cl 232: Ins 2018 (693), Sch 1 [4]. Subst 2019 (557), Sch 1[17].
233 Exemptions by Minister
(1) The Minister may, at the Minister’s discretion or on the application of the holder of an authority, exempt the holder, or a class of holders, from the application of the mandatory metering equipment condition to the holder or the class of holders.(2) The Minister may grant an exemption only if the Minister is satisfied that it is not possible for water taken using the work to be measured by metering equipment.(3) An exemption may be unconditional or granted subject to conditions.(4) The Minister is to notify an exemption, or the revocation or amendment of an exemption, for a class of holders on the Department’s website.(5) The Minister may revoke or amend an exemption at any time.cl 233: Ins 2018 (693), Sch 1 [4]. Am 2019 (557), Sch 1[18].
234 Existing metering conditions
(1) For the purposes of this clause, an inconsistent metering condition is a condition of an authority that—(a) relates to an extraction measurement device, a flow measurement device or other metering equipment for a work to which the authority applies that is subject to a mandatory metering equipment condition, and(b) is wholly or partly inconsistent with the mandatory metering equipment condition or any requirements for metering equipment under this Regulation.(2) An authority that is subject to an inconsistent metering condition is taken to be amended by removing the condition on the application day.cl 234: Ins 2018 (693), Sch 1 [4].
Division 3 Metering equipment standards
pt 10, div 3: Ins 2018 (693), Sch 1 [4].
235 Mandatory requirements for metering equipment
The requirements set out in Schedule 8 are applicable requirements for the purposes of section 101A(2) of the Act and clause 229(3).cl 235: Ins 2018 (693), Sch 1 [4].
236 Duly qualified persons
(1) In this clause—certified meter installer means a person who holds a current certification as a meter installer issued by Irrigation Australia Ltd.certified practising hydrographer means a person who is listed as a certified practising hydrographer in the register of certified professionals kept by the Australian Hydrographers Association.maintenance specifications means the specifications made under clause 2(4) of Schedule 8.metering system designer means a person who—(a) holds a current certification as an irrigation designer or irrigation professional issued by Irrigation Australia Ltd, or(b) holds a vocational education and training qualification in irrigation management, the installation of irrigation equipment or the design of irrigation equipment issued by a registered training organisation, or(c) holds an engineering qualification issued by an Australian university and who has not less than 2 years experience in designing water management systems.registered professional engineer has the same meaning as in the Design and Building Practitioners Act 2020.registered training organisation means a training organisation that is listed as a registered training organisation on the National Register established under the National Vocational Education and Training Regulator Act 2011 of the Commonwealth.telemetry technician means a person who—(a) holds a current electrical licence, or(b) holds a communications engineering qualification issued by an Australian university, or(c) holds a telecommunications engineering qualification issued by an Australian university, or(d) holds a vocational education and training qualification in radio communications or in electronics and communications issued by a registered training organisation.(2) For the purposes of the definition of duly qualified person in the Dictionary to the Act, a person has the prescribed qualifications, skills and experience to carry out work in connection with metering equipment if the person is specified for the work by this clause.(3) The following persons are specified for designing metering equipment installed in connection with an open channel—(a) a certified meter installer,(b) a metering system designer.(4) A certified meter installer is specified for installing metering equipment other than telemetry.(5) The following persons are specified for installing, maintaining (including maintenance activities under the maintenance specifications) and repairing telemetry—(a) a certified meter installer,(b) a telemetry technician,(c) a certified practising hydrographer.(6) A certified meter installer who has experience in using intrusive and non-intrusive flow measurement testing equipment is specified for validating metering equipment (other than equipment installed in connection with an open channel).(7) The following persons are specified for validating metering equipment installed in connection with an open channel—(a) a certified meter installer who has experience in using intrusive and non-intrusive flow measurement testing equipment,(b) a certified practising hydrographer who is trained in the use of testing equipment.(8) A certified meter installer who has experience in using intrusive and non-intrusive flow measurement testing equipment is specified for volumetric or simulated testing (in situ accuracy testing) for metering equipment (other than equipment installed in connection with an open channel).(9) The following persons are specified for volumetric testing (in situ accuracy testing) of metering equipment installed in connection with an open channel using in situ volumetric measurement procedures specified in AS 4747—(a) a certified meter installer who has experience in using intrusive and non-intrusive flow measurement testing equipment,(b) a certified practising hydrographer who has experience in using intrusive and non-intrusive flow measurement testing equipment.(10) A certified meter installer is specified for maintenance activities that are required to be carried out annually or at more frequent intervals under the maintenance specifications in relation to metering equipment (other than metering equipment installed in connection with open channels).(11) The following persons are specified for maintenance activities that are required to be carried out annually or at more frequent intervals under the maintenance specifications in relation to metering equipment installed in connection with open channels—(a) a certified meter installer,(b) a certified practising hydrographer.(12) The following persons are specified for maintenance activities that are required to be carried out every 5 years under the maintenance specifications in relation to metering equipment (other than metering equipment installed in connection with open channel)—(a) a certified meter installer,(b) a telemetry technician, but only in relation to telemetry maintenance activities.(13) The following persons are specified for maintenance activities that are required to be carried out every 5 years under the maintenance specifications in relation to metering equipment installed in connection with open channel—(a) a certified meter installer,(b) a certified practising hydrographer.(14) The following persons are specified for maintenance activities for the purpose of repairing faulty metering equipment—(a) a certified meter installer,(b) a certified practising hydrographer.(15) A person undertaking formal training or certification to attain the qualifications, skills and experience to carry out work in connection with metering equipment is specified for that work, if the person—(a) performs the work in connection with formal training or certification to become a certified meter installer, and(b) performs the work under the supervision of a duly qualified person with respect to the work concerned.(16) A person who holds a current certification for installation and validation of storage metering equipment issued by a registered training organisation is specified for storage metering equipment.(17) The following persons are specified for the purpose of determining if all water entering a water supply work is able to be measured by point-of-intake metering equipment as referred to in clause 238J(3)—(a) a certified practising hydrographer,(b) a registered professional engineer who has experience in assessing overland water flow.(18) The following persons are specified for the purpose of determining if point-of-intake metering equipment has been installed correctly as referred to in clause 238J(4)—(a) a certified meter installer,(b) a certified practising hydrographer.(19) The following persons are specified for the purposes of validating a secondary metering device capable of measuring the volume of water in a water supply work by reference to the water level in the work—(a) a registered surveyor,(b) a person holding a Bachelor degree in Surveying,(c) a person holding a Diploma of Surveying,(d) a person working under the supervision of a person referred to in paragraph (a)–(c),(e) a registered professional engineer.cl 236: Ins 2018 (693), Sch 1 [4]. Am 2019 (557), Sch 1[19]; 2020 (370), Sch 1[6]; 2021 (775), Sch 1[5] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[4] [5].
237 Obligations of duly qualified persons
(1) A duly qualified person who certifies the design of metering equipment for an open channel for the purposes of clause 2(3) of Schedule 8 must give a certificate, in the approved form and manner, to the person who obtained the certification.(2) A duly qualified person who validates metering equipment in accordance with clause 7 of Schedule 8 must give the person for whom the validation is done a certificate, in the approved form and manner—(a) confirming that the metering equipment complies or does not comply with the matters required to be checked in accordance with AS 4747, and(b) if matters checked do not comply with AS 4747, specifying the reasons why the equipment does not comply and the modifications that are required for compliance or that the equipment cannot be modified to enable compliance.(3) A duly qualified person who checks metering equipment for accuracy under clause 9 of Schedule 8 must give the person for whom the check is done a certificate, in the approved form and manner, certifying whether or not the maximum permissible error of the metering equipment does or does not exceed plus or minus 5% in the field.(3A) The certificate referred to in subclauses (1)–(3) must be given to the relevant person within 7 days after the certification, validation or checking, as applicable, occurs.(4) A duly qualified person who installs metering equipment or who carries out other work on metering equipment must notify the Minister in the approved form and manner if the person knows or reasonably suspects that the equipment has been tampered with.(4A) The notification referred to in subclause (4) must be given to the Minister within 7 days after the duly qualified person becoming aware of, or forming the suspicion about, the tampering of the equipment.(5) A duly qualified person must not fail to comply with this clause.Maximum penalty—20 penalty units.(6) For the purposes of this clause, a duly qualified person, in relation to work carried out by a person referred to in clause 236(15), is a reference to the duly qualified person who supervised the activity.cl 237: Ins 2018 (693), Sch 1 [4]. Am 2019 (557), Sch 1[20]–[23]; 2020 (370), Sch 1[7].
238 Metering records
(1) For the purposes of section 91J of the Act, the following metering records must be kept, for a period of 5 years, by a person who is subject to a mandatory metering equipment condition—(a1) a copy of a record made under clause 230(5)(b) or 231(6)(b),(a) a certificate provided under clause 237(1) or (2) by a duly qualified person,(b) a copy of a record made under clause 244(2),(b1) a copy of a report made under clause 244A(2),(c) a copy of a report given to the Minister under clause 8 or 9 of Schedule 8,(d) a copy of a written certification given to the Minister under clause 9(2)(b) of Schedule 8.(2) It is a condition of each authority that is the subject of a mandatory metering equipment condition that the holder of the authority must give the Minister a copy of a certificate provided under clause 237(1) or (2) within 28 days of receiving the certificate.(3) A condition imposed by this clause is a mandatory condition for the purposes of sections 115 and 115A(b) of the Act.cl 238: Ins 2018 (693), Sch 1 [4]. Am 2019 (557), Sch 1[24] [25]; 2019 (592), Sch 1[4].
Division 3A Metering equipment conditions for particular water supply work approvals
pt 10, div 3A: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6].
Subdivision 1 General
pt 10, div 3A, sdiv 1: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6].
238AA Definition
In this Division—buffer zone work means a water supply work, other than a metered work, used to buffer the flow of water into an approved work during a measurement period, including the following—(a) field storage,(b) surge storage,(c) dams.cl 238AA: Ins 2022 (819), Sch 1[3].
238A Application of Division
This Division applies to a water supply work approval under which an approved work is authorised to be constructed or used for the purpose of capturing or storing water taken—(a) under a floodplain harvesting (regulated river) access licence, or(b) under a floodplain harvesting (unregulated river) access licence.cl 238A: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6].
238B Mandatory floodplains condition
(1) For the Act, section 115, it is a mandatory condition of a water supply work approval to which this Division applies that point-of-intake metering equipment or storage metering equipment is installed, used and maintained in connection with an approved work that is authorised to be constructed or used to capture or store water under the approval.(2) The holder of an approval is taken to have complied with a particular aspect of the condition imposed by this clause if the holder has complied with the applicable requirements set out in this Regulation.(3) The mandatory floodplains condition does not apply to an approved work that is or may be used to capture or store water under an approval if—(a) the approval indicates the work is inactive, and(b) the approval is subject to conditions prohibiting the approved work from—(i) being used to take water while the work is inactive, and(ii) being capable of taking water from a water source while the work is inactive, and(c) the approval holder complies with the conditions in paragraph (b).cl 238B: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6].
238C Exemptions by Minister
(1) For the Act, section 400(2), the Minister may, at the Minister’s discretion or on the application of an approval holder, exempt an approval holder or a class of approval holders from the application of the mandatory floodplains condition to the holder or the class of holders.(2) The Minister may grant an exemption only if the Minister is satisfied it is not possible for water captured or stored using the approved work to be measured by—(a) point-of-intake metering equipment, or(b) storage metering equipment.(3) An exemption may be unconditional or granted subject to conditions.(4) The Minister may amend or revoke an exemption at any time.(5) The Minister must notify the following matters relating to a class of approval holders on the Department’s website—(a) an exemption,(b) the amendment of an exemption,(c) the revocation of an exemption.cl 238C: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6].
238D Reporting faulty metering equipment
(1) For the Act, sections 91IA and 115, it is a mandatory condition of a water supply work approval to which this Division applies that the approval holder must notify the Minister if the point-of-intake metering equipment or storage metering equipment for the approved work is faulty.(2) The notice under subclause (1) must be in the approved form and contain the following particulars—(a) the approval holder’s name and contact details,(b) the type and location of the metered work,(c) the relevant approval or access licence numbers,(d) the purposes for which water taken from the metered work is used,(e) a description of the method to be used to determine the quantity of water taken while the equipment is faulty.cl 238D: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6].
Subdivision 2 Measurement period
pt 10, div 3A, sdiv 2: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6].
238E Measurement period—general
(1) For the Act, section 115, it is a mandatory condition of a water supply work approval to which this Division applies that the approval holder must notify the Minister in the approved form of each measurement period for an approved work that is authorised to be constructed or used to capture or store water under the approval.(2) The approval holder must not take water outside a notified measurement period with a water supply work nominated for the purpose of capturing or storing water under the following—(a) a floodplain harvesting (regulated river) access licence,(b) a floodplain harvesting (unregulated river) access licence.cl 238E: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6].
238F Measurement period—approved works
(1) The measurement period for the approved works begins when the overland flow collected and impounded by 1 or more of the works—(a) has commenced filling infrastructure, including buffer zone works, used to hold water, or(b) is not able to be isolated from water taken under—(i) an access licence other than the following—(A) a floodplain harvesting (regulated river) access licence,(B) a floodplain harvesting (unregulated river) access licence, or(ii) a basic landholder right, or(iii) an exemption from holding an access licence.(2) During a measurement period the approval holder must not take and use water from an approved work unless—(a) the water being taken was measured using point-of-intake metering equipment, or(b) the water is being removed for the purpose of transferring the water to another approved work on the same land holding that has storage metering equipment installed.(3) The measurement period for the approved works ends when—(a) overland flow is no longer being collected and impounded by 1 or more of the works, and(b) supply channel infrastructure used to direct or convey water to a work for storage no longer conveys water to the works, and(c) all buffer zone works related to the approved works are empty of water, other than water that cannot reasonably be transferred to the approved work.cl 238F: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. Am 2022 (819), Sch 1[4]–[6].
238G Measurement period—records
(1) The approval holder must record, in the approved form, the amount of water—(a) captured and stored using the approved works during each 24-hour period throughout the measurement period for the works, and(b) added to the approved works taken under the authority of an access licence referred to in clause 238F(1)(b).(2) The approval holder must provide the Minister, in the approved form, a copy of records—(a) kept under subclause (1) on a fortnightly basis during the measurement period for the works, and(b) made between the last fortnightly report and the end of the measurement period, not later than 14 days after the end of the measurement period.cl 238G: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6].
Subdivision 3 Repairs and reporting requirements
pt 10, div 3A, sdiv 3: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6].
238H Repairs to faulty metering equipment
(1) For the Act, section 115, it is a mandatory condition of a water supply work approval that the holder of the approval who captures and stores water using a metered work while the metered work’s point-of-intake metering equipment or storage metering equipment is faulty must comply with this clause.(2) The approval holder must repair the equipment, or cause the equipment to be repaired, within—(a) 21 days of becoming aware the equipment is faulty, or(b) a further period permitted under this clause.(3) If the approval holder becomes aware the equipment is not able to be repaired within the period specified in subclause (2)(a), the approval holder—(a) must notify the Minister in the approved form, and(b) may apply for an extension of the period within which repairs must be carried out.(4) An application for an extension must set out—(a) the reasons the repair is not able to be carried out within the specified period, and(b) the date by which the equipment is proposed to be repaired.(5) The Minister may, by written notice given to the approval holder, extend the repair period by a specified period.(6) The approval holder may make more than 1 application to extend the repair period.(7) The approval holder must give the following information to the Minister in the approved form not later than 28 days after the faulty metering equipment is repaired—(a) the date the equipment was repaired,(b) a description of the repairs,(c) evidence of the repairs, which may include a statement from the person who repaired the equipment,(d) the name of the person who repaired the equipment.cl 238H: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6].
238I Application of Schedule 8 to floodplain access licences
If there is an inconsistency between a condition imposed under this Division and a provision of Schedule 8 for an approval to which this Division applies, the condition imposed under this Division prevails.cl 238I: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6].
Division 3B Metering equipment standards for particular water supply work approvals
pt 10, div 3B: Ins 2022 (342), Sch 1[6].
pt 10, div 3B: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022).
238J Mandatory requirements for point-of-intake metering equipment
(1) This clause sets out the applicable requirements for point-of-intake metering equipment for an approved work for clause 238B(2).(2) The point-of-intake metering equipment must be installed to measure the flow of all water entering the approved work.(3) A duly qualified person must inspect all floodplain harvesting intake points for the approved work to determine if all water entering the work is able to be measured by point-of-intake metering equipment that complies with the requirements of Schedule 8.(4) A duly qualified person must inspect all floodplain harvesting intake points for the approved work to determine if the point-of-intake metering equipment has been installed in compliance with the requirements of Schedule 8.(5) The approval holder must ensure point-of-intake metering equipment is maintained in accordance with the requirements of Schedule 8, clause 2(4).cl 238J: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); ; 2022 (342), Sch 1[6].
238K Mandatory requirements for storage metering equipment
(1) This clause sets out the applicable requirements for storage metering equipment for an approved work for clause 238B(2).(2) The storage metering equipment must be installed to determine variation in the water level of water stored in the approved work.(3) The storage metering equipment for the approved work must—(a) meet the relevant specifications set out in the storage metering equipment standards, and(b) be installed and validated by a duly qualified person in accordance with the storage metering equipment standards.(4) Storage metering equipment must be calibrated by a duly qualified person—(a) in accordance with the storage metering equipment standards, and(b) by reference to a survey benchmark.(5) The survey benchmark must be—(a) installed, in relation to the approved work, in accordance with a survey benchmark standard by—(i) a registered surveyor, or(ii) a person or a class of persons approved by the Minister by notice published in the Gazette, and(b) validated by—(i) a registered surveyor, or(ii) a person or a class of persons approved by the Minister by notice published in the Gazette.(6) Storage metering equipment must have—(a) data logging capacity to enable the equipment to collect, record and store water storage data in accordance with data logging and telemetry specifications approved by the Minister under Schedule 8, clause 10, and(b) telemetry capacity to transmit data relating to water usage that complies with the approved data logging and telemetry specifications approved by the Minister under Schedule 8, clause 10, and(c) tamper evident seals, locks, controls or other devices that comply with the requirements of Schedule 8, clause 5.(7) The approval holder must ensure storage metering equipment is maintained in accordance with the storage metering equipment standards.cl 238K: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6].
238L Storage curve documents
(1) The Minister may adopt a storage curve for a nominated approved work.(2) If the approval holder for the work becomes aware of the adopted storage curve for the work being inaccurate by more than 5% of the volume of the work at a specified water level, the approval holder must within 21 days of becoming aware of the inaccuracy—(a) notify the Minister, and(b) submit a revised storage curve for the work to the Minister.(3) The approval holder for the work may, at any other time, submit a revised storage curve for the work to the Minister.(4) A revised storage curve submitted under subclause (2) or (3) must be—(a) in the approved form, and(b) certified by a registered surveyor as meeting the relevant specifications set out in the storage curve standards approved by the Minister.(5) A revised storage curve submitted under subclause (2) or (3) is taken to be adopted by the Minister 72 hours after the revised storage curve is submitted unless the approval holder is given notice that the revised storage curve will not be adopted.(6) A revised storage curve taken to be adopted under subclause (5) takes effect as the adopted storage curve for the work and a previously adopted storage curve for the work ceases to have effect.(7) The Minister must give notice of the adoption of a revised storage curve to the approval holder for the work.(8) If a revised storage curve is not adopted by the Minister, the existing adopted storage curve remains in force.(9) In this clause—adopted storage curve means a storage curve adopted by the Minister under this clause.storage curve, for a nominated approved work, means a document that indicates the volume of water in the work by reference to the surface level of the water in the work as measured by the storage metering equipment installed for the work.storage curve standards means the storage curve standards approved by the Minister and published in the Gazette.cl 238L: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6].
Division 3C Obligations of duly qualified persons
pt 10, div 3C: Ins 2022 (342), Sch 1[6].
pt 10, div 3C: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022).
238M Obligations of duly qualified persons—inspections
(1) A duly qualified person who performs an inspection of a water supply work under clause 238J(3) must give a certificate to the approval holder for the water supply work confirming if—(a) water entering the work is able to be measured by equipment that complies with the requirements of Schedule 8, or(b) water entering the work is not able to be measured by equipment that complies with the requirements of Schedule 8.(2) A duly qualified person who performs an inspection of a water supply work under clause 238J(4) must give a certificate to the approval holder for the water supply work confirming if—(a) the point-of-intake metering equipment for the water supply work is installed in compliance with the requirements of Schedule 8, or(b) the point-of-intake metering equipment for the water supply work is not installed in compliance with the requirements of Schedule 8.cl 238M: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6].
238N Obligations of duly qualified persons—validation
(1) A duly qualified person who validates storage metering equipment for a water supply work in accordance with the storage metering equipment standards must give a certificate to the person for whom the validation is undertaken—(a) confirming if the equipment complies or does not comply with the matters required to be checked in accordance with the storage metering equipment standards, and(b) if the matters checked do not comply with the storage metering equipment standards—(i) specifying the reasons the equipment does not comply and the modifications required for compliance, or(ii) stating the equipment is not able to be modified to enable compliance.(2) A duly qualified person who validates a survey benchmark, in relation to a water supply work, in accordance with a survey benchmark standard must give a certificate to the person for whom the validation is undertaken—(a) confirming the benchmark complies or does not comply with the matters required to be checked in accordance with the survey benchmark standard, and(b) if the matters checked do not comply with the survey benchmark standard—(i) specifying the reasons the benchmark does not comply and the modifications required for compliance, or(ii) stating the benchmark is not able to be modified to enable compliance.(3) A duly qualified person who validates point-of-intake metering equipment for a water supply work in accordance with Schedule 8, clause 7 must give a certificate to the person for whom the validation is undertaken—(a) confirming the equipment complies or does not comply with the matters required to be checked in accordance with AS 4747, and(b) if the matters checked do not comply with AS 4747—(i) specifying the reasons the equipment does not comply and the modifications required for compliance, or(ii) stating the equipment is not able to be modified to enable compliance.cl 238N: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6].
238O Obligations of duly qualified persons—checking
(1) A duly qualified person who checks point-of-intake metering equipment for a water supply work for accuracy under Schedule 8, clause 9 must give a certificate to the person for whom the check is undertaken certifying whether or not the maximum permissible error of the metering equipment does or does not exceed plus or minus 5% in the field.(2) A duly qualified person who checks storage metering equipment for a water supply work for accuracy under Schedule 8, clause 9 must give a certificate to the person for whom the check is undertaken certifying whether or not the maximum permissible error of the metering equipment exceeds plus or minus 10mm in the field.cl 238O: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6].
238P Obligations of duly qualified persons—general
(1) A certificate referred to in clauses 238M–238O must be—(a) in the approved form, and(b) given to the approval holder for the water supply work within 7 days after the certification, validation or checking occurs.(2) A duly qualified person who installs metering equipment or carries out other work on metering equipment must notify the Minister in the approved form if the person knows or reasonably suspects the equipment has been tampered with.(3) The notification referred to in subclause (2) must be given to the Minister within 7 days after the duly qualified person becomes aware of, or forms the suspicion about, the tampering with the equipment.(4) A duly qualified person must comply with this Division.Maximum penalty—20 penalty units.cl 238P: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6].
238Q Faulty metering equipment
For the Act, section 91I(3), the Act, section 91I(1)(b) and (2) do not apply if—(a) the water supply work has a secondary metering device installed, and(b) the following records are provided to the Minister—(i) a record of the last available reading of the primary metering equipment before the primary metering equipment became faulty,(ii) a record of the first available reading of the secondary metering device after the primary metering equipment became faulty.cl 238Q: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6].
238R Mandatory requirements for secondary metering devices
For the Act, section 115, an approval holder who uses a secondary metering device due to a fault with the primary metering equipment must comply with the following requirements—(a) the approval holder must record the reading of the secondary metering device—(i) if the primary metering equipment is faulty at the start of the measurement period—within 24 hours of the start of the measurement period, or(ii) if the primary metering equipment becomes faulty during the measurement period—within 24 hours of becoming aware the primary metering equipment is faulty,(b) the approval holder must record the reading of the secondary metering device within 24 hours of the end of the measurement period,(c) the approval holder must provide records under this clause, in the approved form, to the Minister not later than 14 days after the end of the measurement period,(d) the approval holder must keep a record made under this clause for 5 years after the end of the measurement period.cl 238R: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6].
238S Metering records
(1) For the Act, section 91J, the holder of a water supply work approval subject to the mandatory floodplains condition must keep the following metering records for a period of 5 years—(a) a certificate provided under this Division by a duly qualified person in relation to the following—(i) point-of-intake metering equipment,(ii) storage metering equipment,(iii) a survey benchmark,(iv) a storage curve document,(v) a secondary metering device,(b) a copy of a report given to the Minister under Schedule 8, clause 8 or 9,(c) a copy of a written certification given to the Minister under Schedule 8, clause 9(2)(b).(2) For the Act, section 115, it is a condition of an approval subject to the mandatory floodplains condition that the approval holder must give the Minister a copy of a certificate referred to in subclause (1)(a) within 28 days of receiving the certificate.cl 238S: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6].
Division 3D Transitional provisions
pt 10, div 3D: Ins 2022 (342), Sch 1[6].
pt 10, div 3D: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022).
238T Transitional provision—metering equipment installed before 14 February 2020
(1) This clause applies to primary metering equipment installed on or before 14 February 2020 on a water supply work nominated for the purpose of measuring water taken or collected under—(a) a floodplain harvesting (regulated river) access licence, or(b) a floodplain harvesting (unregulated river) access licence.(2) The work may continue to be used for the life of the equipment despite a new condition imposed under Division 3A if—(a) tamper evident seals are affixed in accordance with Schedule 8, clause 5, and(b) for point-of-intake metering equipment or storage metering equipment—the equipment is fitted with a device that complies with the data logging and telemetry specifications approved by the Minister, and(c) for storage metering equipment, a duly qualified person certifies—(i) the equipment includes a digital measurement sensor, and(ii) the equipment is fitted with a telemetry device that complies with paragraph (b), and(iii) the equipment and the telemetry device are operating properly, and(iv) the equipment was installed in accordance with the manufacturer’s instructions, and(v) the equipment was calibrated by a duly qualified person by reference to a survey benchmark installed and validated as described in clause 238K(5), and(d) for storage metering equipment that does not meet the storage metering equipment standards—(i) the manufacturer certifies that the equipment operated within 10mm accuracy in laboratory conditions before it was installed, or(ii) a person who holds a certification for installation and validation of storage meters or a certified practising hydrographer certifies that the equipment operated within 10mm accuracy in the field after it was installed, or(iii) a NATA-accredited laboratory, which is accredited for the relevant test method, certifies that the equipment operated within 10mm accuracy after the equipment was installed, and(e) for point-of-intake measuring equipment installed to measure open-flow channels—(i) the equipment was validated by a duly qualified person in accordance with AS 4747 not more than 12 months before the report is given to the Minister under subclause (3), and(ii) the equipment was found by the duly qualified person to comply with the matters required to be checked on validation, and(f) for point-of-intake measuring equipment installed to measure closed or partially closed conduit flows—(i) the equipment was validated by a duly qualified person in accordance with AS 4747 not more than 5 years before the report is given to the Minister under subclause (3), and(ii) the equipment was found by the duly qualified person to comply with the matters required to be checked on validation.(3) An approval holder who intends to rely on this clause must give a report to the Minister in the approved form that—(a) certifies the action taken by the approval holder to comply with the requirements of subclause (2) in relation to the metering equipment, and(b) is accompanied by documents given to the approval holder by the duly qualified person reporting on or relating to the checks carried out by the duly qualified person, and(c) certifies the checks were carried out not more than 5 years before the report is given to the Minister.(4) In this clause—NATA-accredited laboratory means a testing laboratory—(a) accredited by the National Association of Testing Authorities, Australia (NATA), or(b) recognised by NATA either solely or with someone else.cl 238T: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6].
238U Transitional provision—metering equipment installed after 14 February 2020
(1) This clause applies to an approval holder who installed primary metering equipment in accordance with the requirements set out in the equipment guidelines after 14 February 2020 but before the commencement of the amending Regulation for the purpose of measuring water taken or collected under a licence on a water supply work nominated in—(a) a floodplain harvesting (regulated river) access licence, or(b) a floodplain harvesting (unregulated river) access licence.(2) The approval holder is taken to have installed the equipment in accordance with the mandatory floodplains condition if the following conditions are met—(a) for point-of-intake metering equipment—a duly qualified person specified in clause 236(18) certifies in writing that—(i) the equipment complies with the point-of-intake metering equipment guideline, and(ii) the person installed and validated the equipment in accordance with the requirements set out in the point-of-intake metering equipment guideline,(b) for storage metering equipment—a duly qualified person specified in clause 236(16) certifies in writing that—(i) the equipment complies with the storage metering equipment guideline, and(ii) the person installed and validated the equipment in accordance with the requirements set out in the storage metering equipment guideline.(3) For the avoidance of doubt, a storage curve in relation to storage metering equipment subject to this clause does not need to be adopted until the date on which the amending Regulation commences.(4) In this clause—amending Regulation means the Water Management (General) Amendment Regulation (No 2) 2022.equipment guidelines means the point-of-intake metering equipment guideline or the storage metering equipment guideline.point-of-intake metering equipment guideline means the document titled Floodplain Harvesting Measurement—Point-of-intake measurement method published by the NSW Department of Planning, Industry and Environment in February 2021.storage curve has the same meaning as in clause 238L(9).storage metering equipment guideline means the document titled Floodplain Harvesting Measurement—Existing storage metering equipment published by the NSW Department of Planning, Industry and Environment in February 2021.cl 238U: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6].
238V Transitional provision—mandatory floodplains condition
(1) A floodplain licence holder is not required to comply with the mandatory floodplains condition for an approved work until the day that is 12 months after a water allocation is credited to the water allocation account for the floodplain licence.(2) It is a mandatory condition that a floodplain licence holder who stores water using an approved work and who does not comply with the mandatory floodplains condition in reliance on subclause (1) must—(a) ensure a secondary metering device is installed for the approved work, and(b) take the following readings from the secondary metering device—(i) a reading taken within 24 hours after the beginning of each measurement period,(ii) a reading taken within 24 hours after the end of each measurement period, and(c) within 14 days of the end of a measurement period notify the Minister of the following—(i) the date the measurement period began and the date the measurement period ended,(ii) the readings taken under paragraph (b) for the measurement period, and(d) keep a record of the readings taken under paragraph (b) for a minimum of 5 years.(3) Notice must be given to the Minister in the approved form.(4) It is a mandatory condition that a floodplain licence holder who does not comply with the mandatory floodplains condition in reliance on subclause (1) must not, during a measurement period, remove water from an approved work or a buffer zone work unless—(a) the water is being transferred to an approved work on the same land holding, and(b) the approved work to which the water is transferred has storage metering equipment or a secondary metering device installed.(5) The measurement period for an approved work begins when the overland flow collected and impounded by the work—(a) has commenced filling infrastructure used to hold water, including buffer zone works, or(b) is not able to be isolated from water taken under—(i) an access licence other than a floodplain licence, or(ii) a basic landholder right, or(iii) an exemption from holding an access licence.(6) The measurement period for an approved work ends when—(a) overland flow is no longer being collected and impounded by the work, and(b) all buffer zone works related to the approved work are empty of water, other than water that cannot reasonably be transferred to the approved work.(7) In this section—floodplain licence means the following—(a) a floodplain harvesting (regulated river) access licence,(b) a floodplain harvesting (unregulated river) access licence.mandatory condition means a mandatory condition of a water supply work approval under the Act, section 115.cl 238V: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[6]. Subst 2022 (819), Sch 1[7].cl 238W: Ins 2021 (775), Sch 1[6] (disallowed, Legislative Council, 24.2.2022).
Division 4 Defences for metering offences
pt 10, div 4: Ins 2018 (693), Sch 1 [4].
239 Commencement of Division
This Division commences on 1 April 2019.cll 239: Ins 2018 (693), Sch 1 [4].
240 Definitions
In this Division—faulty, in relation to metering equipment, means metering equipment that is not operating properly or is not operating.metered work means a water management work in connection with which metering equipment has been installed.cll 240: Ins 2018 (693), Sch 1 [4].
241 Reporting faulty metering equipment
For the purposes of section 91IA(b) of the Act, notice that metering equipment is faulty is to be given to the Minister in the approved form and manner and is to contain the following particulars—(a) the person’s name and contact details,(b) the type and location of the metered work,(c) any relevant approval or access licence numbers,(d) the purposes for which the water taken from the metered work is used,(e) a description of the method to be used to determine the quantity of water taken while the metering equipment is faulty.cl 241: Ins 2018 (693), Sch 1 [4]. Am 2019 (557), Sch 1[26].
242 Records to be kept when metering equipment faulty
(1) For the purposes of section 91I(3) of the Act, a person who takes water by means of a metered work while its metering equipment is faulty must comply with this clause.(2) The person must record the following information—(a) the purposes for which the water taken from the metered work is used,(b) if a pump is being used to take water, the size of the pump, the maximum extraction rate of the pump and the dates and times during which the pump is operating,(c) if the water taken from the metered work is being used for irrigation, the area of land that is irrigated with the water,(d) the last available reading of the metering equipment before it became faulty and the first available reading after it is repaired,(e) any other information that the Minister, by notice in writing to the person, directs the person to record.(3) The information must be recorded in the approved form and manner.(4) The person must, if directed to do so by the Minister, use an alternative means specified by the Minister to determine the quantity of water taken and must record that information in the approved form and manner.(5) The person must—(a) give a copy of the records required to be made under this clause to the Minister in the approved manner not later than 28 days after the metering equipment is repaired, and(b) keep the records for a period of not less than 5 years.cl 242: Ins 2018 (693), Sch 1 [4].
243 Repairs to faulty metering equipment
(1) For the purposes of section 91I(3) of the Act, a person who takes water by means of a metered work while its metering equipment is faulty must comply with this clause.(2) The person must repair the metering equipment, or cause it to be repaired, within 21 days of becoming aware that the metering equipment is faulty or within any further period permitted under this clause.(3) If the person becomes aware that the equipment cannot be repaired within that period, the person must notify the Minister in the approved form and manner and seek an extension of the period for repairs to be carried out.(4) An application for an extension must set out the reasons why the repair is not able to be carried out within the specified period and the date by which it is proposed to be repaired.(5) The Minister may, by notice in writing given to the person, extend the period for repairs by the period specified in the notice.(6) A person may make more than 1 application to extend the repair period.(7) The person must give the following information to the Minister in the approved form and manner not later than 28 days after the faulty metering equipment is repaired—(a) the date the metering equipment was repaired,(b) a description of any repairs,(c) evidence that the metering equipment has been repaired (which may include a statement from the person who repaired it),(d) the name of the person who repaired it.cl 243: Ins 2018 (693), Sch 1 [4]. Am 2019 (557), Sch 1[27].
Division 5 Miscellaneous
pt 10, div 5: Ins 2018 (693), Sch 1 [4].
244 Mandatory condition relating to other reporting
(1) A condition imposed by this clause is a mandatory condition for the purposes of sections 115 and 115A(b) of the Act.(2) It is a condition of each authority that is the subject of a mandatory metering equipment condition that the holder of the authority must—(a) record in the approved form and manner when water is taken using a work to which the authority applies under a basic landholder right or in other circumstances other than under an access licence or a licence or other entitlement under the former 1912 Act, and(b) if the authority is subject to a condition that the holder must confirm specified matters before water is taken in accordance with the authority—record, in the approved form and manner, the means by which the holder confirmed those specified matters, and(c) record the information not later than 24 hours after any day during which water is taken as referred to in paragraph (a) or (b).(2A) Subclause (2)(b) does not apply in relation to water taken from a regulated river.(2B) It is a condition of each authority that is the subject of a mandatory metering equipment condition that the holder of the authority must, not more than 14 days after the end of each named month, give to the Minister, in an approved way—(a) the records made under subclause (2) in relation to water taken during the named month, or(b) if no water was taken as referred to in subclause (2)—a statement indicating that no water was taken during the named month.Note—The Interpretation Act 1987 defines named month as January, February, March, April, May, June, July, August, September, October, November or December.(2C) A holder of an authority does not breach the condition referred to in subclause (2B) for a named month if—(a) at least 14 days before the beginning of a period that includes the named month, the holder notified the Minister, in an approved way, that the holder did not intend to cause or permit water to be taken as referred to in subclause (2)(a) during the period (a no-take notice), and(b) the period specified in the no-take notice does not exceed 6 months, and(c) the holder did not take the water during the named month.(2D) To avoid doubt, a no-take notice may apply to more than 1 named month.(2E) A no-take notice ceases to have effect if the holder causes or permits the water referred to in subclause (2)(a) to be taken at any time during the period concerned.(2F) It is a condition of each authority that is the subject of a mandatory metering equipment condition that, if the holder of the authority gave a no-take notice under this clause, the holder must—(a) in the case where the period specified in the no-take notice expired—within 14 days after the end of the period, give to the Minister, in an approved way, a statement that the holder did not cause or permit the water referred to in subclause (2)(a) to be taken during the period, or(b) in the case where the no-take notice ceased to have effect under subclause (2E) during a named month—within 14 days after the cessation, give to the Minister, in an approved way, a statement that the holder did not cause or permit the water referred to in subclause (2)(a) to be taken during the previous named months in the period.(3) If, immediately before an authority became the subject of a mandatory metering equipment condition, the authority was subject to a condition requiring the holder to record information of a kind referred to in subclause (2) in relation to a work, the authority is taken to be amended by removing the condition, and any other condition relating to keeping logbooks to record or report water that is taken, in relation to that work.(3A) For the avoidance of doubt, the removal of a condition relating to the keeping of logbooks by subclause (3) does not remove the requirement to retain records made before the removal of the condition for the period required by the condition.(4) For the purposes of subclause (3), it does not matter whether or not the condition relating to recording information or keeping logbooks also requires other information to be recorded.(5) This clause does not apply to an authority until the day specified as follows for the works concerned—(a) 1 December 2021 for the following—(i) a work that takes or may be used to take water from a water source to which a water sharing plan described in clause 230(1)(a) applies,(ii) a work that is or may be used to take water under a licence or entitlement under the former 1912 Act described in clause 230(2)(a),(b) 1 June 2023 for the following—(i) a work that takes or may be used to take water from a water source to which a water sharing plan described in clause 230(1)(b) applies,(ii) a work that is or may be used to take water under a licence or entitlement under the former 1912 Act described in clause 230(2)(b),(c) 1 December 2024 for the following—(i) a work that takes or may be used to take water from a water source to which a water sharing plan described in clause 230(1)(c) applies,(ii) a work that is or may be used to take water under a licence or entitlement under the former 1912 Act described in clause 230(2)(c).(6) Despite subclause (5), this clause applies to a work that is a pump for surface water that is 500 mm or greater or is the subject of an authority that applies to a work of that kind on and from 1 December 2020.cl 244: Ins 2018 (693), Sch 1 [4]. Am 2019 (557), Sch 1[28]–[32]; 2020 (370), Sch 1[8]; 2021 (91), Sch 1[1]; 2022 (819), Sch 1[1] [2]; 2023 No 7, Sch 3.29.
244A Mandatory condition relating to reporting where no telemetry otherwise required
(1) A condition imposed by this clause is a mandatory condition for the purposes of sections 115 and 115A(b) of the Act.(2) It is a condition of each authority that is the subject of a mandatory metering equipment condition that, if clause 6(2) of Schedule 8 provides that the clause does not apply to metering equipment used in conjunction with a work, the holder of the authority must, not more than 14 days after the end of each named month, give to the Minister, in an approved way, a report under this clause containing the meter readings of the metering equipment at the beginning and end of the named month.Note—The Interpretation Act 1987 defines named month as January, February, March, April, May, June, July, August, September, October, November or December.(3) A holder of an authority does not breach the condition referred to in subclause (2) for a named month if—(a) at least 14 days before the beginning of a period that includes the named month, the holder notified the Minister, in an approved way, that the holder did not intend to cause or permit water to be taken using the work during the period (a no-take notice), and(b) the period specified in the no-take notice does not exceed 6 months, and(c) the holder did not take water using the work during the named month.(3A) To avoid doubt, a no-take notice may apply to more than 1 named month.(3B) A no-take notice ceases to have effect if the holder causes or permits water to be taken using the work at any time during the period concerned.(3C) It is a condition of each authority that is the subject of a mandatory metering equipment condition that, if the holder of the authority gave a no-take notice under this clause, the holder must—(a) in the case where the period specified in the no-take notice expired—within 14 days after the end of the period, give to the Minister, in an approved way, a statement that the holder did not cause or permit water to be taken using the work during the period, or(b) in the case where the no-take notice ceased to have effect under subclause (3B) during a named month—within 14 days after the cessation, give to the Minister, in an approved way, a statement that the holder did not cause or permit water to be taken using the work during the previous named months in the period.(4) This clause does not apply in relation to a work used to take water if metering equipment that complies with Schedule 8, clause 6 is installed, used and complies with the telemetry specifications set out in the approved data logging and telemetry specifications, within the meaning of that Schedule, so that data regarding water taken is transmitted in accordance with those specifications.(5) This clause does not apply to an authority until the day specified as follows for the works concerned—(a) 1 December 2021 for the following—(i) a work that takes or may be used to take water from a water source to which a water sharing plan described in clause 230(1)(a) applies,(ii) a work that is or may be used to take water under a licence or entitlement under the former 1912 Act described in clause 230(2)(a),(b) 1 June 2023 for the following—(i) a work that takes or may be used to take water from a water source to which a water sharing plan described in clause 230(1)(b) applies,(ii) a work that is or may be used to take water under a licence or entitlement under the former 1912 Act described in clause 230(2)(b),(c) 1 December 2024 for the following—(i) a work that takes or may be used to take water from a water source to which a water sharing plan described in clause 230(1)(c) applies,(ii) a work that is or may be used to take water under a licence or entitlement under the former 1912 Act described in clause 230(2)(c).(6) (Repealed)cl 244A: Ins 2019 (557), Sch 1[33]. Am 2020 (370), Sch 1[9]; 2021 (91), Sch 1[2] [3]; 2022 (819), Sch 1[1] [2]; 2023 No 7, Sch 3.29.
245 Mandatory conditions imposed on entitlements under former 1912 Act
A mandatory condition imposed on a licence or an entitlement under the former 1912 Act by this Part or clause 250 is taken to have been imposed on the licence or other entitlement under that Act.cll 245–247: Ins 2018 (693), Sch 1 [4].
246 Review of metering equipment regulations
(1) The Minister is to review the operation of regulations made under section 115B of the Act as soon as possible after the period of 5 years from the date of commencement of the first regulations made under that section.(2) The Minister must publish the review on a website maintained by the Department that is publicly accessible.cll 245–247: Ins 2018 (693), Sch 1 [4].
247 Service of documents
A document that is required to be given to a person under this Part may be given to the person in the manner in which a document may be served under the Act, except as otherwise provided by this Part.cll 245–247: Ins 2018 (693), Sch 1 [4].
Part 11 Miscellaneous
pt 11 (previously Part 10): Renumbered 2018 (693), Sch 1 [5].
248 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 water supply 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 248 (previously cl 228): Renumbered 2018 (693), Sch 1 [5].
248A Notification of construction or use of water supply work smaller than authorised—the Act, s 400(1)(e)
(1) A person who constructs or uses a water supply work smaller in capacity than the water supply work for which the person has a water supply work approval must give the Minister written notice of the capacity of the water supply work that has been constructed or is in use.(2) Written notice under subclause (1) must be given in a way approved by the Minister.s 248A: Ins 2022 (454), sec 3(2).
249 Management plans may contain savings and transitional provisions
For the purposes of section 17(e) of the Act, a management plan may, in respect of a water management area or water source to which it applies, contain provisions for or with respect to matters of a savings or transitional nature consequent on the making, amendment, repeal or consolidation of a management plan.cl 249: Ins 2018 (693), Sch 1 [6].
250 Mandatory condition requiring record of water taken where metering equipment not otherwise required to comply
(1) For the purposes of sections 115 and 115A(b) of the Act, it is a mandatory condition of an authority under which a work may be used to take water that the holder of the authority must—(a) record water taken using the work, and(b) separately record when water is taken using a work to which the authority applies under a basic landholder right or in other circumstances other than under an access licence or a licence or entitlement under the former 1912 Act, and(c) if the authority is subject to a condition that the holder must confirm specified matters before water is taken in accordance with the authority—record the means by which the holder confirmed those specified matters.(2) Subclause (1)(c) does not apply in relation to water taken from a regulated river.(2A) The record made under this clause must—(a) be made not later than 24 hours after any day during which water is taken, and(b) be made in an approved form and manner, and(c) be kept for a period of 5 years.(2B) A record made under subclause (1)(a), (b) or (c) must be given to the Minister in an approved form and manner not later than 28 days after the end of the water year in which the water was taken or matters confirmed.(2C) If, during a water year, the holder of the authority to which this clause applies does not take any water using the work concerned, it is a mandatory condition of the authority that the holder must make a record of that fact in an approved form and manner and give it to the Minister not later than 28 days after the end of that water year.(3) If, immediately before an authority became the subject of the condition imposed under this clause, the authority was subject to a condition requiring the holder to record information of a kind referred to in subclause (1) in relation to a work, the authority is taken to be amended by removing the condition, and any other condition relating to keeping logbooks to record or report water that is taken, in relation to that work.(3A) For the avoidance of doubt, the removal of a condition relating to the keeping of logbooks by subclause (3) does not remove the requirement to retain records made before the removal of the condition for the period required by the condition.(4) For the purposes of subclause (3), it does not matter whether or not the condition relating to recording water taken or keeping logbooks also requires other information to be recorded.(5) This clause does not apply if—(a) metering equipment that complies with Schedule 8 is installed and used in relation to a work used to take water and the person using the work complies with the requirements of clause 244 and either—(i) the requirements of clause 244A, or(ii) the telemetry specifications set out in the approved data logging and telemetry specifications (within the meaning of that Schedule) so that data regarding water taken is transmitted in accordance with those specifications, or(b) the water supply work is subject to a mandatory metering equipment condition (within the meaning of Part 10), or(c) the water supply work is used solely to take water pursuant to a basic landholder right, or(d) the water supply work is used solely to take water under a floodplain harvesting (regulated river) access licence or a floodplain harvesting (unregulated river) access licence.(6) This clause does not apply to an authority until the day specified as follows for the works concerned—(a) 1 December 2021 for the following—(i) a work that takes or may be used to take water from a water source to which a water sharing plan described in clause 230(1)(a) applies,(ii) a work that is or may be used to take water under a licence or entitlement under the former 1912 Act described in clause 230(2)(a),(b) 1 June 2023 for the following—(i) a work that takes or may be used to take water from a water source to which a water sharing plan described in clause 230(1)(b) applies,(ii) a work that is or may be used to take water under a licence or entitlement under the former 1912 Act described in clause 230(2)(b),(c) 1 December 2024 for the following—(i) a work that takes or may be used to take water from a water source to which a water sharing plan described in clause 230(1)(c) applies,(ii) a work that is or may be used to take water under a licence or entitlement under the former 1912 Act described in clause 230(2)(c).(7) In this clause, has the same meaning as in Part 10.cl 250: Ins 2018 (693), Sch 1 [6]. Am 2019 (557), Sch 1[34]–[38]; 2020 (370), Sch 1[10] [11]; 2022 (819), Sch 1[1] [2].
251 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) access licence are made during or after water has been taken pursuant to an order made under section 85A of the Act that authorises the taking of water from uncontrolled flows in the same water year,Note—Paragraph (c) enables water to be withdrawn from a water allocation account of a regulated river (general security) access licence or a regulated river (high security) access licence where any available water determination is made during or after a period of access to uncontrolled flows. The amount to be withdrawn is the lesser of the amount of uncontrolled flow taken and the amount credited to the water allocation account as a result of any available water determinations made during or after the taking of uncontrolled flows.(d) circumstances in which the balance of the account exceeds the maximum volume of water allocations that may be held in the account under the management plan for the water source to which the account relates.(2) 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.(3) 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—(a) the short-term delivery of water through the area, including by providing for the grouping of water orders and the periodic release of water orders, where the circumstances or conditions of delivery would result in unacceptably high delivery losses, and(b) the return or delivery of water to a water source, including the circumstances in which the water is to be returned or delivered.(4) In this clause, the relevant dam means the dam from which water is released for delivery to the holder of an access licence.cl 251 (previously cl 229): Renumbered 2018 (693), Sch 1 [5].
252 Land declared to be a floodplain
(1) For the purposes of the definition of floodplain in the Dictionary to the Act—(a) the land shown edged in heavy black on the map in Part 1 of Schedule 6 is declared to be the Gwydir Valley Floodplain, and(b) the land shown edged in heavy black on the map in Part 2 of Schedule 6 is declared to be the Barwon-Darling Valley Floodplain, and(c) the land shown shaded grey or blue (including any part of the shaded area marked as road, rail, river or creek) on the map in Part 3 of Schedule 6 is declared to be the Upper Namoi Valley Floodplain, and(d) the land shown shaded grey (including any part of the shaded area marked as road, rail, river or creek) on the map in Part 4 of Schedule 6 is declared to be the Lower Namoi Valley Floodplain, and(e) the land shown shaded grey (including any part of the shaded area marked as road, rail, river or creek) on the map in Part 5 of Schedule 6 is declared to be the Border Rivers Valley Floodplain, and(f) the land shown shaded grey, including any part of the shaded area marked as road, rail, river or creek, on the map in Schedule 6, Part 6 is declared to be the Macquarie Valley Floodplain.(2) Despite the Act, Schedule 9, clause 12, only the following floodplains designated under the 1912 Act, Part 8 are declared to be floodplains for the Act—(a) the Belubula Floodplain, as shown on the map published in Government Gazette No 139 of 28 September 1984 at page 4847,(b) the Lachlan River (Gooloogong to Jemalong Gap) Floodplain, as shown on the map published in Government Gazette No 8 of 28 January 2011 at page 263,(c) the Lachlan River (Jemalong Gap to Condobolin) Floodplain, as shown on the maps published in Government Gazette No 21 of 24 February 2012 at page 541,(d) the Hillston Floodplain, as shown on the maps published in Government Gazette No 157 of 16 December 2005 at page 11033,(e) the Murrumbidgee River Old Man/Sandy Creeks Floodplain (Currawarna to Narrandera), as shown on the map published in Government Gazette No 44 of 22 February 1985 at page 862,(f) the Murrumbidgee River (Hay to Maude) Floodplain, as shown on the map published in Government Gazette No 52 of 6 June 2014 at page 2023,(g) the Billabong Creek Floodplain (Walbundrie to the junction of Wangamong Creek with Billabong Creek), as shown on the map published in Government Gazette No 93 of 21 July 2006 at page 5774,(h) the Tuppal Bullatale Floodplain, as shown on the map published in Government Gazette No 75 of 9 June 2006 at pages 4014 and 4015,(i) the Stage 1: Edward and Wakool Rivers (Deniliquin to Moama-Moulamein Railway) Floodplain, as shown on the map published in Government Gazette No 8 of 28 January 2011 at page 268,(j) the Stage 2: Wakool River (Moama-Moulamein Railway to Gee Gee Bridge) Floodplain, as shown on the map published in Government Gazette No 8 of 28 January 2011 at page 270,(k) the Stage 3: Edward and Niemur Rivers (Moama-Moulamein Railway to Liewah and Mallan) Floodplain, as shown on the map published in Government Gazette No 8 of 28 January 2011 at page 272,(l) the Lower Edward – Wakool Floodplain (Stage 4), as set out in the Schedule to the notice published in Government Gazette No 45 of 15 April 2005 at page 1400,(m) the Edward/Wakool Rivers Murray Valley Floodplain, as shown on the map published in Government Gazette No 139 of 28 September 1984 at page 4848 and as modified by the map published in Government Gazette No 45 of 15 April 2005 at page 1400,(n) the Murrumbidgee River Floodplain (Hay to Maude), as shown on the map published in Government Gazette No 44 of 22 February 1985 at page 863,(o) the Lachlan River Floodplain (Gooloogong to Condobolin), as shown on the map published in Government Gazette No 105 of 19 July 1985 at page 3709 and as modified by the map published in Government Gazette No 8 of 28 January 2011 at page 262.cl 252 (previously cl 230): Renumbered 2018 (693), Sch 1 [5]. Am 2019 (233), Sch 1 [1]; 2020 (542), Sch 1[1]; 2020 (752), Sch 1[1]; 2023 (653), Sch 1[8].
253 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 2020.(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 253 (previously cl 231): Renumbered 2018 (693), Sch 1 [5].
254 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, , in relation to a fee or charge, means the person or body (other than the Minister) that imposes the fee or charge.cl 254 (previously cl 232): Renumbered 2018 (693), Sch 1 [5].
255 Liability for rates and charges levied after transfer of estate or interest
For the purposes of section 361 of the Act, the prescribed notice is a document in writing, containing the following information—(a) a statement that the document is notice of a disposal of an estate or interest in land,(b) details of the land in respect of which rates or changes have been, or may be, levied,(c) the date on which the estate or interest in land was disposed of,(d) the name and address of the person disposing of the estate or interest,(e) the name and address of the person to whom the estate or interest was transferred.cl 255 (previously cl 233): Renumbered 2018 (693), Sch 1 [5].
256 Electronic lodgment of certain applications, claims and objections
(1) An application referred to in clause 9 or 25, a claim referred to in clause 19 or an objection referred to in clause 27, 52 or 54 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).(3) In this clause—information system means a system for generating, sending, receiving, storing or otherwise processing electronic communications.cl 256 (previously cl 234): Renumbered 2018 (693), Sch 1 [5].
257 (Repealed)
cl 257 (previously cl 235): Renumbered 2018 (693), Sch 1 [5]. Rep 2024 (24), Sch 1[4].
258 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.cl 258 (previously cl 236): Renumbered 2018 (693), Sch 1 [5].
258A Compliance audits—the Act, ss 326A and 400(1)(e)
(1) This clause applies to the holder of an access licence or an approval who has been directed by the Minister to undertake a compliance audit to the satisfaction of the Minister.(2) The person carrying out the compliance audit must prepare a report on the results of the compliance audit (a compliance audit report) that includes the following—(a) an assessment of whether the holder has complied with the compliance requirements,(b) an assessment of how the holder has complied with the compliance requirements,(c) an assessment of the risks of non-compliance with the compliance requirements,(d) recommendations to remedy non-compliance or risks of non-compliance identified in the compliance audit,(e) references to all documents and information considered by the holder and the compliance auditor, if not the holder, in carrying out the compliance audit.(3) The holder must submit the compliance audit report within the time specified by the Minister, accompanied by—(a) if the compliance audit is carried out by the holder—a declaration signed by the holder certifying that the report is complete and accurate and the holder has not knowingly included false or misleading information, or(b) if the compliance audit is carried out by a compliance auditor—(i) a declaration signed by the holder certifying that the holder has not knowingly provided false or misleading information to the auditor in carrying out the audit, and(ii) a declaration signed by the auditor certifying that the report is complete and accurate and the auditor has not knowingly included false or misleading information, and(iii) a declaration signed by the auditor setting out the auditor’s qualifications.(4) The Minister may require the holder to provide the information used in preparing the compliance audit report within 5 years after the report is submitted to the Minister.(5) The holder must pay the costs of the compliance audit and all associated costs, including the cost of preparing the compliance audit report.(6) The following persons are qualified to carry out compliance audits—(a) if required by the direction—(i) the holder of the access licence or the approval, or(ii) a certified meter installer, or(iii) a certified practising hydrographer, or(iv) a person who holds a qualification issued by an Australian university, and who has at least 10 years experience, in a field of engineering or environmental science sufficient to enable the person to assess compliance with legal requirements under the Act, as they relate to the holder’s activities,(b) a person qualified as an auditor for the purposes of the Australian and New Zealand Standard entitled AS/NZS ISO 14001:2016, Environmental management systems—Requirements with guidance for use, as in force from time to time.(7) In this clause—certified meter installer has the same meaning as in clause 236(1).certified practising hydrographer has the same meaning as in clause 236(1).compliance requirement means a requirement, specified in the direction, that is—(a) a condition on the holder’s access licence or approval, or(b) another requirement applying to the holder under the Act or this Regulation.cl 258A: Ins 2021 (746), Sch 1[2].
259 Repeal and savings
(1) The Water Management (General) Regulation 2011 is repealed.(2) Any act, matter or thing that, immediately before the repeal of the Water Management (General) Regulation 2011, had effect under that regulation continues to have effect under this Regulation.Note—Section 30(2)(d) of the Interpretation Act 1987 ensures that the repeal of a regulation does not affect the operation of any savings or transitional provision contained in the regulation.(3) Without limiting subclause (2), Schedule 4 to that Regulation, as in force immediately before its repeal, continues to apply in respect of any access licence or approval to which it applied before that repeal.cl 259 (previously cl 237): Renumbered 2018 (693), Sch 1 [5].
260 (Repealed)
cl 260: Ins 2020 (673), cl 3. Rep 2021 No 5, Sch 1.32.
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 Stream order of a watercourse
(Clause 3(1), definition of “minor stream”)
The Strahler system
The method of determining the stream order of a watercourse shown on a topographic map is the Strahler system.
The Strahler system is as follows—
(a) Any watercourse that has no other watercourses flowing into it is classed as a first order stream.
(b) If 2 streams join, the resulting stream is—(i) the same order as the highest order of the 2 streams, or(ii) if the 2 streams are of the same order, the order greater than that of the 2 streams.
For example, in the diagram below—
(a) If 2 first order streams join, the stream becomes a second order stream (2).
(b) If a second order stream is joined by a first order stream, it remains a second order stream.
(c) If 2 second order streams join they form a third order stream (3).
(d) If a third order stream is joined by a first or second order stream, it remains a third order stream.
(e) If 2 third order streams join they form a fourth order stream.
%20AND%20(No%3D0480)%20AND%20(Year%3D2018)%20AND%20(%22Historical%20Document%22%3D%222024-08-02%22))/g1.gif)
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 | |
Lake Albert filling | |
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 | |
Mamre Road precinct and Western Sydney Aerotropolis stormwater management | |
McPhillamys Belubula River gold mine | |
Newcastle Racecourse | |
Research | |
Snowy 2.0 project | |
Town water supply | |
Aquifer | Aboriginal commercial |
Aboriginal community development | |
Aboriginal cultural | |
Community and education | |
Environmental | |
Research | |
Temporary dewatering for construction | |
Town water supply | |
Supplementary water | Aboriginal environmental |
Environmental | |
(Lowbidgee) | |
Storage | |
Regulated river (conveyance) | Environmental |
Murrumbidgee Irrigation (conveyance) | Environmental |
Coleambally Irrigation (conveyance) | Environmental |
Unregulated river (high flow) | Environmental |
sch 3: Am 2019 (81), cl 3 (2); 2022 (126), Sch 1[2] [3]; 2022 (172), sec 3(2); 2024 (332), Sch 1[2].
Schedule 4 Exemptions
(Clauses 21 and 42)
Part 1 Access licence exemptions
1 Definition
In this Part—does not include Landcom or the Superannuation Administration Corporation or any of their subsidiaries.
2 Roads authorities
A roads authority (within the meaning of the Roads Act 1993)—in relation to water required for road construction and road maintenance.
3 Transport authorities
(1) A transport authority—in relation to water required for the construction or maintenance of rail infrastructure facilities (within the meaning of the Transport Administration Act 1988) if the transport authority, after considering the environmental impact of the activity in accordance with section 5.5 of the Environmental Planning and Assessment Act 1979 (as if the transport authority were the determining authority under that section), is satisfied that the activity is not likely to significantly affect the environment.(2) In this clause—means the following within the meaning of the Transport Administration Act 1988—(a) RailCorp,(b) Transport for NSW,(c) ARTC,(d) the Secretary.
4 Drought relief
Any person lawfully engaged in the carriage of water for drought relief—in relation to water required for drought relief, but only for the purposes of domestic consumption, stock watering or both.
5 Dust suppression
Any public authority lawfully engaged in the use of water for dust suppression—in relation to water required for that purpose.
6 Hydrostatic testing
Any person lawfully engaged in the hydrostatic testing of a gas pipeline—in relation to water required for initial testing of that pipeline before it is put into service for the first time, up to a maximum of 7 megalitres.
7 Water taken in course of certain aquifer interference activities
(1) Any person lawfully engaged in an aquifer interference activity carried out in connection with an authorised project—in relation to the taking of up to 3 megalitres of groundwater from a groundwater source by one or more of those activities in a water year, if the taking of that groundwater is not for the purpose of its consumption or supply.(2) Without limiting subclause (1), the exemption conferred by that subclause (the exemption) applies to the taking of groundwater by the aquifer interference activity for the purpose of lawfully carrying out any of the following activities—(a) exploration for minerals (including coal) or petroleum,(b) quarrying, excavation, dredging or exploration for stone, aggregate, sand or gravel,(c) excavation required for the construction of a building, road or infrastructure,(d) creation of an artificial lake that intersects with groundwater,(e) remediation of groundwater contamination,(f) investigation of groundwater resources or geotechnical investigation,(g) testing of water quality from monitoring bores,(h) conduct of pumping tests to investigate bore capacity or the capacity or connectivity of groundwater systems,(i) operation of ground source heating or cooling systems.(3) Despite subclauses (1) and (2), the exemption does not apply in relation to the taking of groundwater in the course of or incidental to mining for minerals (including coal) or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991.(4) To avoid doubt, the maximum volume of groundwater that may be taken from a groundwater source under the exemption by all aquifer interference activities carried out in connection with an authorised project is 3 megalitres in a water year.Note—Accordingly, once the 3 megalitre limit is reached, no further claim may be made for the exemption (whether by the same or a different person) in relation to the taking of groundwater in the water year from the groundwater source in connection with the authorised project. See clause 17A of this Schedule for a related exemption that applies to the taking of more than 3 megalitres of groundwater for excavation.(5) In this clause—means an activity—(a) that is the subject of a consent, approval or other lawful authority conferred by or under an Act, or(b) to which Division 5.1 of the Environmental Planning and Assessment Act 1979 applies, or(c) that is exempt development under that Act.building has the same meaning as it has in the Environmental Planning and Assessment Act 1979.mineral has the same meaning as it has in the Mining Act 1992.petroleum has the same meaning as it has in the Petroleum (Onshore) Act 1991.
8 Domestic electricity generation
Any landholder—in relation to water required for the purpose of generating electricity for domestic consumption on that land, but only if—(a) the water is returned to the same water source from which it was taken and within 50 metres of the point at which it was taken, and(b) the returned water is of the same quality as it was when it was taken (in terms of chemical composition, temperature, sediment content and salinity).
9, 10 (Repealed)
11 Hydro-electric power stations
Any person lawfully engaged in the operation of a hydro-electric power station in connection with a water supply work owned by Water NSW or the Ministerial Corporation (such operation being authorised by Water NSW or the Ministerial Corporation)—in relation to water required for the purpose of generating hydro-electric power, but only if—(a) the water is returned to the same water source from which it was taken, and(b) the returned water is of the same quality as it was when it was taken (in terms of chemical composition, temperature, sediment content and salinity).
11A Interchange of water in pumped hydro-electricity generation schemes
(1) A person lawfully engaged in the operation of a pumped hydro-electricity generation scheme—for water moved between storages in the scheme.(2) This clause applies only to water originally taken under—(a) an access licence, or(b) a basic landholder right.
12 Excluded works
(1) Any landholder—in relation to the taking of water from or by means of a work referred to in item 1, 2, 3, 4, 6, 7 or 9 in Schedule 1 that is situated on the land, for the purposes and in the circumstances specified in Schedule 1 in respect of the work.(2) Any landholder—in relation to the taking of water from or by means of a work referred to in item 5 or 8 in Schedule 1 that is situated on the land.
13 Sugar cane plantings
Any person—in relation to the taking of water from an artificial channel if—(a) the water is taken for the purpose of watering to establish agricultural plantings of sugar cane (with a sugar cane plant taken to be established once it reaches a height of 50 centimetres), and(b) the volume of water taken does not, in any continuous 12 month period, exceed 0.05 of a megalitre per hectare of land on which sugar cane is being established, and(c) the channel was constructed for the primary purpose of draining water from land on which sugar cane is grown, and(d) the channel does not have banks that are above ground level, and(e) the channel is located in an area to which the Water Sharing Plan for the Clarence River Unregulated and Alluvial Water Sources 2016, the Water Sharing Plan for the Brunswick Unregulated and Alluvial Water Sources 2016, the Water Sharing Plan for the Tweed River Area Unregulated and Alluvial Water Sources 2010 or the Water Sharing Plan for the Richmond River Area Unregulated, Regulated and Alluvial Water Sources 2010 applies, and(f) any work used to take the water is not fixed to the land.
14 Taking water for basic human water needs
The Ministerial Corporation—in relation to the taking of water for approved watering for basic human water needs, being watering—(a) that the Minister is satisfied—(i) is in the public interest, and(ii) is urgently required for basic human water needs, and(b) that is in accordance with a watering program that is approved by the Minister in writing and that addresses—(i) the amount of water proposed to be taken, and(ii) the water source from which the water will be taken.
15 Taking water for environmental work construction
A public authority—in relation to the taking of up to 0.5 megalitre of water in any water year (or up to such lesser amount as the Minister may specify) that the Minister is satisfied is for the purpose of constructing on waterfront land a water supply work that will have an environmental benefit, but only if the work is in accordance with a program approved by the Minister in writing that addresses—(a) the amount of water proposed to be taken, and(b) the water source from which the water will be taken.Note—The construction and use of a water supply work for the purpose of taking any such water may still require a water supply work approval under Part 3 of Chapter 3 of the Act.
16 Holders of certain approvals
(1) The holder of an approval arising from the entitlement referred to in clause 87(a) of Schedule 4 to the Water Management (General) Regulation 2011 as continued in force by this Regulation—in relation to the taking of any water from Bungaree Creek or Bingera Creek (as described in the entitlement).(2) The holder of an approval arising from an entitlement referred to in clause 87(b) of Schedule 4 to the Water Management (General) Regulation 2011 as continued in force by this Regulation—in relation to the taking of any water from a river to which the entitlement relates (as described in the entitlement).
17 Emergency safety measures
Any person—in relation to the taking of water for the purposes only of complying with a direction given under the State Emergency Service Act 1989 or the State Emergency and Rescue Management Act 1989 in an emergency (within the meaning of the latter Act), but only if the person’s compliance with the direction is in accordance with the Act under which it is given.
17A Taking groundwater for excavation
(1) The holder of a water supply work approval in relation to the taking of more than 3 megalitres of groundwater in a water year using the water supply work to which the approval relates, but only if—(a) the water supply work approval is subject to a condition that limits the amount of water that can be taken using the water supply work during a water year, and(b) the taking of groundwater is for the purposes of excavation required for the construction of a building, road or infrastructure (other than in the course of carrying out mining operations or prospecting operations), and(c) the taking of groundwater is carried out in accordance with the conditions of the water supply work approval.(2) This clause applies to the taking of water only from the following groundwater sources—(a) Botany Sands Groundwater Source under the Water Sharing Plan for the Greater Metropolitan Region Groundwater Sources 2011,(b) a groundwater source specified by the Minister, by order published in the Gazette, for the purposes of this clause.(3) The exemption conferred by this clause in respect of a particular groundwater source ceases to have effect—(a) 6 months after the date on which Minister makes a declaration under section 65 of the Act in respect of the groundwater source, orwhichever occurs first.(b) at the end of 30 June 2025,(4) In this clause—building has the same meaning as it has in the Environmental Planning and Assessment Act 1979.mining operations and prospecting operations have the same meanings as they have in the Mining Act 1992.
17B Emergency works
(1) Any person—in relation to the taking of groundwater or overland flow water for the purpose of carrying out emergency works.(2) However, if the person subsequently uses water taken under the exemption conferred by subclause (1) for a secondary purpose—(a) the water is considered to have been taken for the secondary purpose, from the time of the subsequent use, for the purposes of the Act or any instrument made under the Act, and(b) the exemption does not apply to the subsequent use.(3) In this clause—secondary purpose means—(a) domestic consumption, or(b) supply to another person or body, or(c) any other use from which a commercial benefit is or may be obtained.
17C Rainfall run-off
(1) A landholder—in relation to the taking of water from a tailwater drain for the purpose of collecting rainfall run-off from an irrigated field that is part of the land.(2) The exemption conferred by this clause does not apply during a period in which a work on the land, other than a tailwater drain, takes overland flow water.Note—Rainfall run-off is a type of overland flow water—see the Act, section 4A.(3) This clause does not limit the operation of this Regulation, clause 39B.(4) In this clause—irrigated field means an area of land that is used for growing crops using irrigation.tailwater drain means a channel or trench that collects excess water from an irrigated field.
Part 2 Controlled activities exemptions
18 Activities under mining, crown lands or western lands legislation
Any activity carried out in accordance with any lease, licence, permit or other right in force under the Mining Act 1992 or the Crown Land Management Act 2016 or a petroleum title in force under the Petroleum (Onshore) Act 1991.
19 Activities on land of Transport for NSW or Port Corporation
Any activity—(a) carried out in accordance with any lease, licence, permit or other right in force in respect of land under the ownership or control of Transport for NSW or the Port Authority of New South Wales (within the meaning of the Ports and Maritime Administration Act 1995), or(b) carried out in accordance with any lease, licence, permit or other right in force in respect of land under the ownership or control of a port operator (within the meaning of the Ports and Maritime Administration Act 1995), but only if the operator, after considering the environmental impact of the activity in accordance with section 5.5 of the Environmental Planning and Assessment Act 1979 (as if the operator were the determining authority under that section), is satisfied that the activity is not likely to significantly affect the environment, or(c) for which the Minister administering the Ports and Maritime Administration Act 1995 is the consent authority under Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005.
20 Activities under water supply works approval
Any activity comprising the excavation of the bed of a river, lake or estuary for the purpose of facilitating the use of a water supply work, being an activity that—(a) is detailed in the conditions of the water supply work approval for the water supply work, and(b) is carried out in accordance with those conditions.
21 Activities with respect to domestic and stock rights
Any of the following activities for the purpose of enabling a person to take, or facilitating a person’s taking of, water pursuant to section 52 (Domestic and stock rights) of the Act—(a) the removal of alluvial material from the bed of a river to enable or facilitate the taking of water, if—(i) any excavation—(A) is no deeper than 1 metre, and(B) is no wider than 1/3 of the width of the river at that point or 6 metres (whichever is lesser), and(C) is no longer than its width, and(ii) the only alluvial material that is removed is material that has been deposited on the riverbed by the flow of water in the river such as sand, silt or gravel, and(iii) no material is removed within 1 metre of the bank of the river, and(iv) any alluvial material that has been removed is placed in the bed of the river, immediately upstream of the excavation,(b) any controlled activity in, on or under the bank of a river to enable or facilitate the installation of a pipe, if—(i) the pipe is above ground or in a trench that is the minimum size necessary to hold the pipe but is no more than 0.3 metre wide and 0.3 metre deep, and(ii) any material that is removed is used to backfill the trench within 48 hours after its removal,(c) any controlled activity in, on or under waterfront land to enable or facilitate the installation of a water supply work that is a pump, if—(i) the controlled activity is not on the bed or bank of a river, and(ii) any material removed is the minimum amount necessary to establish a suitable pump site but is no more than 1 cubic metre, and(iii) the area of land from which any material is removed is no greater than 4 square metres.
22 Activities in accordance with harvestable rights orders
Any activity carried out, in accordance with a harvestable rights order, in connection with the construction or use of a dam on land within the harvestable rights area constituted by the order.
23 Activities connected with construction of fencing, crossings or tracks
Any activity carried out in connection with the construction or use of fencing, or of a vehicular crossing or an access track, that does not impound water, being an activity carried out in, on or under waterfront land—(a) relating to a minor stream, and(b) within a rural zone (other than a rural village) under an environmental planning instrument.
24 Activities in connection with works under former 1912 Act
(1) Any activity carried out in connection with the construction or use of a work to which Part 2 of the former 1912 Act applies in accordance with a licence issued under that Part in relation to that work, being an activity that—(a) is detailed in the conditions of the licence, and(b) is carried out in accordance with those conditions.(2) Any activity carried out in connection with the construction or use of a controlled work within the meaning of Part 8 of the former 1912 Act in accordance with an approval issued under that Part in relation to that work, being an activity that—(a) is detailed in the conditions of the approval, and(b) is carried out in accordance with those conditions.
25 Removal of vegetation
Any activity authorised under the Act or any other Act or law comprising nothing more than the removal of vegetation (other than large woody debris), but only if the activity does not include the removal or disturbance of soil or other extractive materials.
26 Development at Rouse Hill Regional Centre
The carrying out of development in accordance with section 6 of Part D (Rouse Hill Regional Centre) of The Hills Development Control Plan 2012 on the land to which that section applies (being land bounded by Windsor Road, Commercial Road and Withers Road, Rouse Hill).
27 Development on waterfront land at Oran Park or Turner Road
The carrying out of development in accordance with the Oran Park and Turner Road Waterfront Land Strategy 2009, as published in the Gazette on 17 July 2009.
28 Activities on waterfront land if river is concrete lined or in pipe
Any activity carried out on waterfront land relating to a river where the channel of the river is fully concrete lined or is a fully enclosed pipe channel.
29 Activities with respect to dwellings
(1) Any activity carried out in connection with the erection or demolition of, the making of alterations or additions to or the provision of ancillary facilities for, a dwelling house or dual occupancy building, being activities—(a) that comprise exempt development or that are the subject of a development consent or complying development certificate in force under the Environmental Planning and Assessment Act 1979, and(b) that are not carried out on or in—(i) the bed or bank of any river, or(ii) the bed or shore of any lake, or(iii) the bed, or land lying between the bed and the mean high water mark, of any estuary.(2) In this clause—development has the same meaning as it has in the Environmental Planning and Assessment Act 1979.dual occupancy building means a building containing 2, but no more, dwellings within the meaning of the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.dwelling house has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.
30 Emergency safety measures
Any activity carried out for the purposes only of complying with a direction given under the State Emergency Service Act 1989 or the State Emergency and Rescue Management Act 1989 in an emergency (within the meaning of the latter Act), being compliance that is in accordance with the Act under which the direction is given.
31 Controlled activities on certain waterfront land
Any controlled activity that is carried out on waterfront land in relation to a minor stream or third order stream, where the activity is separated from the bed of the minor stream or third order stream by one or more of the following that has been lawfully constructed—(a) a public road,(b) a hard stand space (such as a car park or building),(c) a levee bank, but only if the levee bank is in an urban area, was the subject of a development consent under the Environmental Planning and Assessment Act 1979 and is located within a designated high risk flood area (within the meaning of clause 45 of this regulation).Note—See Schedule 2 in relation to third order streams.
32 Pontoons, jetties and moorings
Any activity carried out in connection with the construction of a pontoon, jetty or mooring pole on waterfront land relating to a lake or estuary but only if that activity does not require any of the following—(a) the removal of material from the land,(b) the depositing of material, other than that which is necessary for the construction of the pontoon, jetty or mooring, on the land,(c) works which change the profile of the waterfront land adjoining the lake or estuary.
33 Maintenance of existing lawful works
Any activity necessary for the purpose of the preservation, repair or upkeep of any building or structure lawfully constructed on waterfront land (other than an agricultural drain), but does not include additions or enhancements to, or the expansion of, the building or structure.Note—Clause 34 makes provision with respect to repair work and the removal of woody debris arising from a storm event.
34 Repair and restoration work after storms
The following activities after a storm event—(a) repair work on any building or structure (including any access track, watercourse crossing, water supply works or essential services infrastructure) damaged by the storm, but only if—(i) the work does not involve the replacement of a structural component of any building or structure that could not otherwise be repaired under this Schedule, and(ii) the work does not include enhancements to, or the expansion of, the building or structure beyond its condition immediately before the storm damage occurred.Note—Clause 33 makes provision with respect to repair and maintenance of certain buildings and structures on waterfront land.(b) the removal of detritus (including woody debris) deposited on waterfront land as a result of the storm.
35 Compliance with enforcement action
(1) Any activity required to be carried out to comply with any direction, request or order under the Act or any other Act or law, but only if the direction, request or order was made—(a) by a court, or(b) by the Minister or an authorised officer.(2) Any activity that is not otherwise specified in this Part that is required to be carried out to comply with a direction, request or order made under the Act or any other Act or law (other than a direction, request or order referred to in subclause (1)), but only if the Minister approves the carrying out of the activity without a controlled activity approval.
36 Exempt development, complying development and controlled activities with development consent on certain waterfront land
(1) Any activity on waterfront land adjoining a lake or estuary identified on a map approved by the Minister and published on the Department’s website for the purposes of this clause, before the commencement of this Regulation, that is development for which development consent has been granted, or is exempt development or complying development.(2) In this clause, complying development, development consent and exempt development have the same meanings as in the Environmental Planning and Assessment Act 1979.
37 Activities by State or Commonwealth owned bodies
Any activity carried out by a body (whether incorporated or unincorporated) established or continued for a public purpose that is wholly owned by the State or the Commonwealth, but only if—(a) the activity does not cause any change in the course of the river, and(b) the body, after considering the environmental impact of the activity in accordance with section 5.5 of the Environmental Planning and Assessment Act 1979 (as if the body were the determining authority under that section), is satisfied that the activity is not likely to significantly affect the environment.
sch 4: Am 2019 (557), Sch 1[39]; 2019 No 14, Sch 2.23; 2019 (592), Sch 1[5]–[7]; 2020 (35), Sch 1[2] (disallowed, Legislative Council, 22.9.2020); 2020 No 30, Sch 4.117[1] [2]; 2021 (81), Sch 1[8]; 2021 (196), Sch 1[2] (disallowed, Legislative Council, 6.5.2021); 2021 (330), cl 3; 2021 (775), Sch 1[7] (disallowed, Legislative Council, 24.2.2022); 2022 (342), Sch 1[7]; 2023 (41), sec 3; 2023 (323), sec 3.
Schedule 5 (Repealed)
sch 5: Rep 2024 (24), Sch 1[5].
Schedule 6 Floodplain
(Clause 252)
Part 1 Gwydir Valley Floodplain
%20AND%20(No%3D0480)%20AND%20(Year%3D2018)%20AND%20(%22Historical%20Document%22%3D%222024-08-02%22))/g2.gif)
Part 2 Barwon-Darling Valley Floodplain
%20AND%20(No%3D0480)%20AND%20(Year%3D2018)%20AND%20(%22Historical%20Document%22%3D%222024-08-02%22))/g3.gif)
Part 3 Upper Namoi Valley Floodplain
%20AND%20(No%3D0480)%20AND%20(Year%3D2018)%20AND%20(%22Historical%20Document%22%3D%222024-08-02%22))/g4.gif)
Part 4 Lower Namoi Valley Floodplain
%20AND%20(No%3D0480)%20AND%20(Year%3D2018)%20AND%20(%22Historical%20Document%22%3D%222024-08-02%22))/g5.gif)
Part 5 Border Rivers Valley Floodplain
%20AND%20(No%3D0480)%20AND%20(Year%3D2018)%20AND%20(%22Historical%20Document%22%3D%222024-08-02%22))/g6.gif)
Part 6 Macquarie Valley Floodplain
%20AND%20(No%3D0480)%20AND%20(Year%3D2018)%20AND%20(%22Historical%20Document%22%3D%222024-08-02%22))/g7.gif)
sch 6: Am 2018 (693), Sch 1 [5]; 2019 (233), Sch 1 [2]; 2020 (542), Sch 1[2]; 2020 (752), Sch 1[2].
Schedule 7 Penalty notice offences
For the purposes of section 365 of the Act—(a) each offence specified in this Schedule is an offence for which a penalty notice may be issued, and
(b) the amount payable under any such penalty notice is the amount specified in this Schedule for the offence.
Column 1 | Column 2 | Column 3 |
Provision of Act | Penalty for individual | Penalty for corporation |
Section 60A(2) | $750 | $1,500 |
Section 60B | $750 | $1,500 |
Section 60C(2) | $750 | $1,500 |
Section 60D | $750 | $1,500 |
Section 91A(1) | $750 | $1,500 |
Section 91A(2) | $750 | $1,500 |
Section 91B(1) | $750 | $1,500 |
Section 91B(2) | $750 | $1,500 |
Section 91C(1) | $750 | $1,500 |
Section 91C(2) | $750 | $1,500 |
Section 91D(1) | $750 | $1,500 |
Section 91D(2) | $750 | $1,500 |
Section 91E(1) | $750 | $1,500 |
Section 91E(2) | $750 | $1,500 |
Section 91F(1) | $750 | $1,500 |
Section 91F(2) | $750 | $1,500 |
Section 91G | $750 | $1,500 |
Section 91H(1) | $750 | $1,500 |
Section 91H(2) | $750 | $1,500 |
Section 91H(3) | $750 | $1500 |
Section 91I(2) | $750 | $1,500 |
Section 91IA | $750 | $1500 |
Section 91J(1) | $750 | $1,500 |
Section 91K(2) | $750 | $1,500 |
Section 120(4) | $750 | $1,500 |
Section 146(1) | $750 | $1,500 |
Section 167(2) | $750 | $1,500 |
Section 172(3) | $750 | $1,500 |
Section 226(1) | $750 | $1,500 |
Section 239I(2) | $750 | $1,500 |
Section 239R(3) | $750 | $1,500 |
Section 256(1) | $750 | $1,500 |
Section 318A | $750 | $1,500 |
Section 318B | $750 | $1,500 |
Section 336C(1) | $750 | $1,500 |
Section 340A(1) | $750 | $1,500 |
Section 342(1) | $750 | $1,500 |
Section 342(2) | $750 | $1,500 |
Section 343(1) | $750 | $1,500 |
Section 345(2) | $750 | $1,500 |
Section 346 | $750 | $1,500 |
Column 1 | Column 2 | Column 3 |
Provision of Regulation | Penalty for individual | Penalty for corporation |
Clause 123(1) | $500 | |
Clause 124(1) | $500 | |
Clause 124(2) | $500 | |
Clause 126(1), (2) or (3) | $500 | |
Clause 127 | $500 | |
Clause 132 | $200 | |
Clause 133(1) | $200 | |
Clause 141(4) | $200 | |
Clause 143(1) | $500 | |
Clause 144(1) | $500 | |
Clause 156(1) | $500 | |
Clause 157 | $500 | |
Clause 159(1) or (3) | $500 | |
Clause 160(2) or (3) | $700 | |
Clause 164(3) | $500 | |
Clause 180 | $200 | |
Clause 181 | $200 | |
Clause 183 | $200 | |
Clause 184 | $200 | |
Clause 185(3) | $200 | |
Clause 186 | $200 |
sch 7: Am 2018 (693), Sch 1 [7]; 2024 (24), Sch 1[6].
Schedule 8 Metering equipment
(Clause 235)
1 Interpretation
(1) In this Schedule—approved data logging and telemetry specifications means the data logging and telemetry specifications approved by the Minister under clause 10, as in force from time to time.(2) Words and expressions used in this Schedule have the same meaning as in Part 10.
2 Standards for installation, re-installation and maintenance
(1) Metering equipment must be installed, or re-installed, in accordance with AS 4747 by a duly qualified person.(2) Metering equipment must be installed or re-installed so that it measures the flow of all water taken through the work.(3) Metering equipment installed in connection with an open channel on or after 1 April 2019 must be of a design that is certified by a duly qualified person as complying with the requirements of AS 4747.(4) Metering equipment must be maintained in accordance with the maintenance specifications approved by the Minister, as in force from time to time, and published in the Gazette.
3 Pattern approval
(1) Subject to clause 9, the meter must be pattern approved under the National Measurement Regulations 1999 of the Commonwealth in accordance with the following standards—(a) NMI M 10 Meters Intended for the Metering of Water in Full Flowing Pipes,(b) NMI M 11 Meters Intended for the Metering of Water in Open Channels and Partially Filled Pipes.(2) This clause does not apply to a meter installed in connection with an open channel.
4 Data loggers
(1) Metering equipment must have a data logging capacity that enables it to collect, record and store the water take data at intervals of not more than 1 hour, including the time and date of each interval and the period or periods for which water was taken.(2) The metering equipment must retain the water take data for a period of not less than 5 years, unless a shorter term is specified in the approved data logging and telemetry specifications.(3) The data logging capacity of metering equipment must comply with the approved data logging and telemetry specifications.(4) Without limiting the matters that may be included in the approved data logging and telemetry specifications, the specifications may require metering equipment to collect, record and store the following data electronically—(a) data relating to the operation of the metering equipment, including data relating to power inputs and whether a work is turned on or off,(b) data relating to malfunctions or other events that indicate that the accuracy or other operation of metering equipment may be affected.(5) The data logging capacity for metering equipment may be provided by a device that is used in respect of more than one device for measuring the flow of water.(6) In this clause—water take data means the flow rate and cumulative volume of water taken.
5 Seals and security
(1) Metering equipment must have tamper evident seals, locks, controls or other devices sufficient to limit access to, and prevent tampering with, the equipment.(2) A tamper evident seal must—(a) be capable of clearly showing whether the metering equipment has been interfered with, and(b) not prevent the reading of metering equipment or affect the operation of the telemetry system for the equipment, and(c) comply with AS 4747, if applicable, and(d) be supplied by a body approved by the Minister by order published on the Department’s website, and(e) be installed, or broken, only by a duly qualified person, an authorised officer or a member of staff of Water NSW.(3) Metering equipment must have a means of identifying whether interference has occurred with data readings or other electronic functions of the equipment (including telemetry).
6 Telemetry
(1) This clause commences on 1 December 2020.(2) This clause does not apply to metering equipment used in conjunction with the following works—(a) a pump used for surface water to which an authority that authorises the use of a pump of not more than 199 mm applies,(b) a work that is authorised by an authority to take water from a groundwater source.(3) Metering equipment must have a telemetry capacity to transmit data relating to water usage that complies with the approved data logging and telemetry specifications.(4) The telemetry capacity for metering equipment may be provided by a device that is used in respect of more than one device for measuring the flow of water.(5) Without limiting the matters that may be included in the approved data logging and telemetry specifications, the specifications may deal with the following—(a) the person to whom the data is to be transmitted,(b) the data that is required to be transmitted,(c) the method by which the data is to be transmitted,(d) the frequency with which data is to be transmitted,(e) controls relating to limiting access to, and preventing tampering with, telemetry equipment.
7 Validation of metering equipment
(1) Metering equipment (other than metering equipment installed in connection with an open channel) must be validated in accordance with AS 4747 by a duly qualified person on installation, at intervals of not more than 5 years and in any other circumstances in which metering equipment is required by AS 4747 to be validated.(2) Metering equipment installed in connection with an open channel must be validated in accordance with AS 4747 by a duly qualified person on installation, at intervals of not more than 12 months and in any other circumstances in which metering equipment is required by AS 4747 to be validated.(3) Metering equipment must be modified or replaced so as to meet the requirements for compliance specified with respect to AS 4747 by a duly qualified person in a certificate following a validation.(4) Metering equipment that has been modified or replaced in accordance with this clause must be validated by a duly qualified person.
8 Transitional arrangements for validation of existing metering equipment
(1) This clause applies to metering equipment that was installed in connection with a work before 1 April 2019 if the equipment was—(a) validated by a duly qualified person in accordance with AS 4747 within 5 years before the application day for the equipment (in the case of metering equipment that is not installed in connection with an open channel) or within 12 months before the application day for the equipment (in the case of metering equipment that is installed in connection with an open channel) (the existing validation), and(b) found by the duly qualified person to comply with the matters required to be checked on validation.(2) For the purposes of the application of clause 7 to metering equipment that is—(a) not metering equipment installed in connection with an open channel, the first interval of 5 years for validation after the application day is taken to end 5 years after the existing validation, or(b) metering equipment installed in connection with an open channel, the first interval of 12 months for validation after the application day is taken to end 12 months after the existing validation.(3) A report must be given to the Minister by a person who intends to rely on this clause setting out the steps taken in relation to the metering equipment.(4) The report must be—(a) given before the application day for the mandatory metering condition for the metering equipment, and(b) given in the approved form and manner, and(c) accompanied by any documents given by the duly qualified person to the person reporting and relating to the checks carried out by the duly qualified person.
9 Transitional arrangements for existing metering equipment that is not pattern approved
(1) This clause applies to metering equipment that was installed in connection with a work before 1 April 2019 and was not pattern approved.(2) Metering equipment does not need to be pattern approved (as referred to in clause 3) if—(a) the metering equipment is metering equipment to which clause 8(1) applies, and(b) the holder of the authority concerned provides written certification to the Minister from the manufacturer that the maximum permissible error of the metering equipment did not exceed plus or minus 2.5% after manufacture.(3) Metering equipment does not need to be pattern approved (as referred to in clause 3) or validated (as referred to in clause 7) if—(a) within 5 years before the application day for the equipment (in the case of metering equipment that is not installed in connection with an open channel) or within 12 months before the application day for the equipment (in the case of metering equipment that is installed in connection with an open channel) the metering equipment is—(i) checked for accuracy by a duly qualified person, and(ii) checked again by a duly qualified person after that check at intervals of not more than 5 years (in the case of metering equipment that is not installed in connection with an open channel) or 12 months (in the case of metering equipment that is installed in connection with an open channel), and(a1) after any subsequent maintenance work on the metering equipment is carried out that affects its metrological performance, the metering equipment is checked for accuracy by a duly qualified person, and(b) those checks determine that the maximum permissible error of the metering equipment does not exceed plus or minus 5% in the field.(3A) For the purposes of the application of clause 7 to metering equipment referred to in subclause (3) that is—(a) not metering equipment installed in connection with an open channel, the first interval of 5 years for validation after the application day is taken to end 5 years after the existing validation, or(b) metering equipment installed in connection with an open channel, the first interval of 12 months for validation after the application day is taken to end 12 months after the existing validation.(4) A record must be kept of the way in which metering equipment is checked under subclause (3).(5) A report must be given to the Minister by a person who intends to rely on this clause setting out the steps taken in relation to the metering equipment.(6) The report must be—(a) given to the Minister before the application day for the mandatory metering condition that applies to the metering equipment and as soon as practicable after each subsequent occasion on which a check is carried out under this clause, and(b) given in the approved form and manner, and(c) accompanied by any documents given by the duly qualified person to the person reporting and relating to the checks carried out by the duly qualified person.(7) In this clause, metrological performance has the same meaning as it has in AS 4747.
10 Approved data logging and telemetry specifications
(1) The Minister may, by notice published in the Gazette, approve data logging and telemetry specifications for the purposes of this Schedule.(2) The Minister may, by notice published in the Gazette, amend or revoke the data logging and telemetry specifications.
sch 8: Ins 2018 (693), Sch 1 [8]. Am 2019 (557), Sch 1[40]–[47]; 2020 (370), Sch 1[12].
Schedule 9 Water sources requiring metering equipment for small water supply works
(Clause 231(4)(b))
A water source to which one of the following water sharing plans applies (as in force on the commencement of this Schedule)—The Belubula Valley Alluvial Groundwater Source as described in the Water Sharing Plan for the Lachlan Unregulated and Alluvial Water Sources 2012.
The Upper Lachlan Alluvial Groundwater Source as described in the Water Sharing Plan for the Lachlan Unregulated and Alluvial Water Sources 2012.
The Lower Darling Alluvial Groundwater Source as described in the Water Sharing Plan for the Lower Murray-Darling Unregulated and Alluvial Water Sources 2011.
The Bell Alluvial Groundwater Source as described in the Water Sharing Plan for the Macquarie Bogan Unregulated and Alluvial Water Sources 2012.
The Cudgegong Alluvial Groundwater Source as described in the Water Sharing Plan for the Macquarie Bogan Unregulated and Alluvial Water Sources 2012.
The Talbragar Alluvial Groundwater Source as described in the Water Sharing Plan for the Macquarie Bogan Unregulated and Alluvial Water Sources 2012.
The Upper Macquarie Alluvial Groundwater Source as described in the Water Sharing Plan for the Macquarie Bogan Unregulated and Alluvial Water Sources 2012.
The Upper Murray Groundwater Source as described in the Water Sharing Plan for the Murray Unregulated and Alluvial Water Sources 2011.
The Billabong Creek Alluvial Groundwater Source as described in the Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources 2012.
The Bungendore Alluvial Groundwater Source as described in the Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources 2012.
The Gundagai Alluvial Groundwater Source as described in the Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources 2012.
The Kyeamba Alluvial Groundwater Source as described in the Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources 2012.
The Mid Murrumbidgee Zone 3 Alluvial Groundwater Source as described in the Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources 2012.
The Wagga Wagga Alluvial Groundwater Source as described in the Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources 2012.
The Currabubula Alluvial Groundwater Source as described in the Water Sharing Plan for the Namoi Unregulated and Alluvial Water Sources 2012.
The Manilla Alluvial Groundwater Source as described in the Water Sharing Plan for the Namoi Unregulated and Alluvial Water Sources 2012.
The Quipolly Alluvial Groundwater Source as described in the Water Sharing Plan for the Namoi Unregulated and Alluvial Water Sources 2012.
The Quirindi Alluvial Groundwater Source as described in the Water Sharing Plan for the Namoi Unregulated and Alluvial Water Sources 2012.
The Macintyre Alluvial Groundwater Source as described in the Water Sharing Plan for the NSW Border Rivers Unregulated and Alluvial Water Sources 2012.
The NSW Border Rivers Downstream Keetah Bridge Alluvial Groundwater Source as described in the Water Sharing Plan for the NSW Border Rivers Unregulated and Alluvial Water Sources 2012.
The NSW Border Rivers Upstream Keetah Bridge Alluvial Groundwater Source as described in the Water Sharing Plan for the NSW Border Rivers Unregulated and Alluvial Water Sources 2012.
The Orange Basalt Groundwater Source as described in the Water Sharing Plan for the NSW Murray Darling Basin Fractured Rock Groundwater Sources 2011.
The Young Granite Groundwater Source as described in the Water Sharing Plan for the NSW Murray Darling Basin Fractured Rock Groundwater Sources 2011.
The Gunnedah–Oxley Basin MDB (Spring Ridge) Management Zone of the Gunnedah–Oxley Basin MDB Groundwater Source as described in the Water Sharing Plan for the NSW Murray Darling Basin Porous Rock Groundwater Sources 2011.
The Peel Alluvium Water Source as described in the Water Sharing Plan for the Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock Water Sources 2010.
sch 9: Ins 2018 (693), Sch 1 [8]. Am 2019 (557), Sch 1[48].
Schedule 10 Savings and transitional provisions consequent on Water Management Amendment Act 2010
Part 1 New corporations
Note—
Conversion of a private irrigation board, or a private drainage board, to a new corporation occurred automatically on the commencement of the Act, Schedule 9, clause 77 on 1 March 2024.
Conversion of a private water trust to a new corporation may occur by application under the Act, Schedule 9, clause 78 only until 1 March 2026—see the Act, Schedule 9, clause 78(5).
From 1 March 2026, conversion of a private water trust to a private water corporation may occur by application under the Act, section 239D, but—
(a) the savings and transitional provisions in this part will not apply to it, and
(b) as a result, the application must be accompanied by the fee prescribed by this regulation, clause 55(d) and documents including—(i) a works plan for the corporation, and(ii) proposed rules for the corporation.
1 Definitions
In this part—has the same meaning as in the Act, section 154 immediately before 1 March 2024.conversion means conversion to a new corporation, under the Act, Schedule 9, clause 77 or 78, of—(a) a private irrigation board, or(b) a private drainage board, or(c) a private water trust.existing director means the following—(a) for a private irrigation board—a person who was a member of the board immediately before 1 March 2024,(b) for a private drainage board—a person who was a director of the board immediately before 1 March 2024,(c) for a private water trust—a person who was a trustee of the trust immediately before conversion.new corporation has the same meaning as in the Act, Schedule 9, Part 7.private irrigation board and private drainage board have the same meaning as in the Act immediately before 1 March 2024.
2 Rules of new corporations
(1) For the Act, Schedule 9, clauses 77(4)(a) and 78(4)(a), on conversion, existing rules are taken to be the rules of the new corporation.(2) In this clause—existing rules means the following, as in force immediately before conversion—(a) for a private irrigation board—(i) by-laws under the Act, section 196, and(ii) this regulation, Part 5, other than clauses 58, 59, 61, 62, 65 and 92,(b) for a private drainage board—the following provisions of this regulation—(i) Part 5, other than Division 2 and clauses 57, 59, 60, 62 and 66,(ii) Part 6, other than Division 2,(c) for a private water trust—the rules of the trust.Note—See this schedule, clause 12 for rules of private water trusts from 1 March 2024 until—(a) their conversion, and(b) if their conversion occurs before 1 March 2026—the application of this clause to their conversion.
3 New corporation works
(1) For the Act, Schedule 9, clauses 77(4)(b) and 78(4)(b), on conversion, existing works are taken to be the corporation works of the new corporation.(2) In this clause—existing works means the following immediately before conversion—(a) for a private irrigation board—water supply works on an authorised site,(b) for a private drainage board—the board’s drainage works, including drainage works—(i) under the board’s charge, or(ii) used or operated by the board, or(iii) in relation to which the board exercised its functions,(c) for a private water trust—trust works of the trust.Note—See this schedule, clause 13(1) for transitional arrangements for the continuation of private water trusts from 1 March 2024 until—(a) their conversion, and(b) if their conversion occurs before 1 March 2026—the application of this clause to their conversion.
4 Works plans of new corporations
(1) For the Act, Schedule 9, clauses 77(4)(c) and 78(4)(c), on conversion, an existing plan is taken to comprise the works plan of the new corporation.(2) In this clause—existing plan means the following, as in force immediately before conversion—(a) for a private irrigation board—a plan of the private irrigation district, including a plan of an authorised site,Note—See the Act, sections 142(2)(b), 144(2)(b), 147(4)(b), 154 and 156(2)(b) as in force immediately before 1 March 2024, for plans relevant to the plan of a private irrigation district as in force immediately before 1 March 2024.(b) for a private drainage board—a plan of the drainage district,(c) for a private water trust—the works plan of the trust.Note—See this schedule, clause 13(2) for transitional arrangements for the continuation of private water trusts from 1 March 2024 until—(a) their conversion, and(b) if their conversion occurs before 1 March 2026—the application of this clause to their conversion.
5 Landholdings of new corporations
(1) For the Act, Schedule 9, clauses 77(4)(d) and 78(4)(d), on conversion, a new corporation may exercise functions for landholdings in its existing district.(2) This clause applies until the earlier of the following—(a) the works plan of the new corporation is amended or replaced,(b) 1 March 2025.(3) In this clause—existing district means the following immediately before conversion—(a) for a private irrigation board—the private irrigation district,(b) for a private drainage board—the drainage district,(c) for a private water trust—the land to which the works plan of the trust applies.Note—See this schedule, clause 13(3) and (4) for transitional arrangements for the continuation of private water trusts from 1 March 2024 until—(a) their conversion, and(b) if their conversion occurs before 1 March 2026—the application of this clause to their conversion.
6 Rates and charges of new corporations
(1) For the Act, Schedule 9, clauses 77(4)(e) and 78(4)(e), on conversion, existing rates and charges are taken to be rates and charges of the new corporation.(2) In this clause—existing rates and charges means the following immediately before conversion—(a) for a private irrigation board—rates and charges fixed under the Act, section 167,(b) for a private drainage board—rates fixed under the Act, section 206,(c) for a private water trust—rates fixed under the Act.Note—See the Act, Schedule 9, clause 83(1) for transitional arrangements for the continuation of private water trusts from 1 March 2024 until—(a) their conversion, and(b) if their conversion occurs before 1 March 2026—the application of this clause to their conversion.
7 Board members of new corporations
For the Act, Schedule 9, clauses 77(4)(f) and 78(4)(f), on conversion, an existing director is taken to be a board member of the new corporation.Note—See also this regulation, clause 56 for when a person ceases to be a director of a private water corporation.
8 First election of new corporation board members—date
(1) For the Act, Schedule 9, clauses 77(4)(g) and 78(4)(g), the first election of the board members of a new corporation whose existing directors were appointed or elected before the 2-year cut-off date must be held before the first election deadline.(2) In this clause—2-year cut-off date means the following—(a) for a private irrigation board—1 March 2022,(b) for a private drainage board—1 March 2022,(c) for a private water trust—the date that is 2 years before conversion.first election deadline means the following—(a) for a private irrigation board—1 September 2024,(b) for a private drainage board—1 September 2024,(c) for a private water trust—the date that is 6 months after conversion.
9 Members of new corporations
(1) For the Act, Schedule 9, clauses 77(4)(h) and 78(4)(h), on conversion, an existing member is taken to be a member of the new corporation.(2) In this clause—existing member means the following immediately before conversion—(a) for a private irrigation board—a person who was a landholder of land within the private irrigation district,(b) for a private drainage board—a person who was a landholder of land within the drainage district,(c) for a private water trust—a person who was a member of the trust.
10 Preparation and adoption of works plans and rules of new corporations
(1) For the Act, Schedule 9, clauses 77(4)(i) and (j) and 78(4)(i) and (j), a new corporation must hold a general meeting to vote on a resolution to adopt a works plan and rules before the adoption deadline.(2) The new corporation must—(a) give its members 21 days notice of the meeting, and(b) keep a written record of objections to the resolution made at the meeting.(3) If a new corporation has not adopted rules before the adoption deadline, the model rules are, with necessary modifications, taken to be the rules of the new corporation.(4) If a new corporation has not adopted a works plan before the adoption deadline—(a) the Secretary may appoint a person to prepare a works plan for the corporation, and(b) the works plan prepared by the person is taken to be the corporation’s works plan.(5) The costs of preparing the works plan may be recovered from the new corporation by the Secretary in a court of competent jurisdiction as a debt due to the Crown.(6) In this clause—adoption deadline means the following—(a) for a private irrigation board—1 March 2025,(b) for a private drainage board—1 March 2025,(c) for a private water trust—the date that is 1 year after conversion.model rules means the model rules approved by the Minister and published in the Gazette on 1 March 2024.
11 New corporations are private water corporations
For the Act, Schedule 9, clauses 77(4)(j) and 78(4)(j), and to avoid doubt, a new corporation is constituted under the Act, Chapter 4, Part 2.
Part 2 Private water trusts
12 Rules of private water trusts
For the Act, Schedule 9, clause 81(2), the Act, Schedule 9, clause 81(1) is taken to be substituted by the following—(1) The following provisions of the Water Management (General) Regulation 2018, as in force immediately before 1 March 2024, are taken to be the rules of a private water trust—(a) Part 5, other than Division 2 and clauses 57, 58, 60, 61 and 66,(b) Part 7, other than Division 2.
13 Continuation of private water trusts
(1) For the Act, Schedule 9, clause 82(a), the water management works of a private water trust immediately before 1 March 2024 are taken to be trust works of the trust.(2) For the Act, Schedule 9, clause 82(b), a plan of the private water trust’s water supply district, as in force immediately before 1 March 2024, is taken to comprise the works plan of the trust.Note—See the Act, sections 224 and 225, as in force immediately before 1 March 2024, for land that constitutes a private water trust’s water supply district.(3) For the Act, Schedule 9, clause 82(c), a private water trust may exercise functions for landholdings in its water supply district as in force immediately before 1 March 2024.(4) Subclause (3) applies until the earlier of the following—(a) the works plan of the private water trust is amended or replaced,(b) 1 March 2025.Note—See this schedule, clauses 3–5 for transitional arrangements applicable to the conversion of a private water trust to a new corporation before 1 March 2026.
14 Preparation and adoption of works plans and rules of private water trusts
(1) For the Act, Schedule 9, clause 1(1), a private water trust must hold a general meeting to vote on a resolution to adopt a works plan and rules before 1 March 2025.Note—If conversion of a private water trust to a new corporation occurs between 1 March 2024 and 1 March 2025, the deadline for the meeting is 12 months from the date of conversion. See this schedule, clause 10.(2) The trust must—(a) give its members 21 days notice of the meeting, and(b) keep a written record of objections to the resolution made at the meeting.(3) If a private water trust has not adopted rules before 1 March 2025, the model rules are, with necessary modifications, taken to be the rules of the trust.(4) If a private water trust has not adopted a works plan before 1 March 2025—(a) the Secretary may appoint a person to prepare a works plan for the trust, and(b) the works plan prepared by the person is taken to be the trust’s works plan.(5) The costs of preparing the works plan may be recovered by the Secretary from the private water trust in a court of competent jurisdiction as a debt due to the Crown.(6) In this clause—model rules means the model rules approved by the Minister and published in the Gazette on 1 March 2024.
sch 10: Ins 2024 (24), Sch 1[7].