Natural Resources Access Regulator Regulation 2023

1 Name of regulation

This regulation is the Natural Resources Access Regulator Regulation 2023.

2 Commencement

This regulation commences on the day on which it is published on the NSW legislation website.

Note—

This regulation repeals and replaces the Natural Resources Access Regulator Regulation 2018, which would otherwise be repealed on 1 September 2023 by the Subordinate Legislation Act 1989, section 10(2).

3 Definition

In this regulation—

the Act means the Natural Resources Access Regulator Act 2017.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

4 Construction of certain references in Water Management Act 2000 —the Act, s 11

For the Act, section 11(5)(a), a reference to the Minister in the Water Management Act 2000, section 353E or 362C must be construed as including a reference to the Regulator.

5 Register—additional information—the Act, s 12A

For the Act, section 12A(2)(e), the following information is prescribed—

(a)  the identity of a person who has been convicted of an offence under the Water Management Act 2000 and particulars of—

(i)  the penalty imposed by the court, and

(ii)  consequential orders made by the court under that Act, Chapter 7, Part 3A,

(b)  the identity of a person who has contravened a civil penalty provision under the Water Management Act 2000 and particulars of consequential orders made under the Water Management Act 2000, section 370R,

(c)  particulars of a compliance audit undertaken under the Water Management Act 2000, section 326A,

(d)  particulars of an injunction granted under the Water Management Act 2000, section 335,

(e)  particulars of an order made to remedy or restrain a breach under the Water Management Act 2000, section 336,

(f)  particulars of a measure authorised to be taken under the Water Management Act 2000, section 336A,

(g)  the identity of a person who has given a written undertaking under the Water Management Act 2000, section 336E,

(h)  particulars of a written undertaking accepted under the Water Management Act 2000, section 336E, including the reasons for the decision to accept the undertaking under that Act, section 336F,

(i)  particulars of a fee, charge or administrative penalty recovered under the Water Management Act 2000, section 362C.

s 5: Am 2025 No 70, Sch 2[1] [2].

6 Prescribed relevant agencies

For the Act, section 16(1), definition of relevant agency, paragraph (d), the entities described in Schedule 1 are prescribed.

s 6: Subst 2025 (504), Sch 1[1].

7 Repeal and savings

(1)  The Natural Resources Access Regulator Regulation 2018 is repealed.

(2)  An act, matter or thing that, immediately before the repeal of the Natural Resources Access Regulator Regulation 2018, had effect under that regulation continues to have effect under this regulation.

Schedule 1 Prescribed relevant agencies

section 6

Australian Capital Territory

Department in which the Environment Protection Act 1997 of the Australian Capital Territory is administered

Department in which the Water Resources Act 2007 of the Australian Capital Territory is administered

Commonwealth

Australian Border Force

Australian Competition and Consumer Commission

Australian Federal Police

Australian Securities and Investments Commission

Australian Taxation Office

Commonwealth Inspector-General of Water Compliance

Department in which the Biosecurity Act 2015 of the Commonwealth is administered

Department in which the Migration Act 1958 of the Commonwealth is administered

Department in which the Water Act 2007 of the Commonwealth is administered

Murray-Darling Basin Authority

New South Wales

Dams Safety NSW

Department in which the Biodiversity Conservation Act 2016 is administered

Department in which the Biosecurity Act 2015 is administered

Department in which the Crown Land Management Act 2016 is administered

Department in which the Education Act 1990 is administered

Department in which the Environmental Planning and Assessment Act 1979 is administered

Department in which the Fair Trading Act 1987 is administered

Department in which the Farm Water Supplies Act 1946 is administered

Department in which the Fines Act 1996 is administered

Department in which the Fisheries Management Act 1994 is administered

Department in which the Forestry Act 2012 is administered

Department in which the Local Government Act 1993 is administered

Department in which the Local Land Services Act 2013 is administered

Department in which the Marine Estate Management Act 2014 is administered

Department in which the Mining Act 1992 is administered

Department in which the National Parks and Wildlife Act 1974 is administered

Department in which the New South Wales—Queensland Border Rivers Act 1947 is administered

Department in which the Petroleum (Onshore) Act 1991 is administered

Department in which the Plantations and Reafforestation Act 1999 is administered

Department in which the Water Industry Competition Act 2006 is administered

Forestry Corporation of NSW

Local councils

NSW Environment Protection Authority

NSW Independent Pricing and Regulatory Tribunal

NSW Local Land Services

NSW Police Force

NSW Rural Fire Service

NSW State Emergency Service

Queensland

Department in which the New South Wales-Queensland Border Rivers Act 1946 of Queensland is administered

Department in which the Water Act 2000 of Queensland is administered

Queensland Police Service

South Australia

Department in which the Landscape South Australia Act 2019 of South Australia is administered

South Australia Police

Tasmania

Tasmania Police

Victoria

Department in which the Water Act 1989 of Victoria is administered

Victoria Police

Western Australia

Western Australia Police Force

sch 1: Ins 2025 (504), Sch 1[2].