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Contents (2018 - 480)
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Water Management (General) Regulation 2018
Current version for 7 February 2020 to date (accessed 10 April 2020 at 06:18)
Part 1
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 This Regulation repeals and replaces the Water Management (General) Regulation 2011 which would otherwise be repealed on 1 September 2018 by section 10(2) of the Subordinate Legislation Act 1989.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—
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.
entitlement has the same meaning as it has in Schedule 10 to the Act and includes any arrangement that, immediately before 1 July 2004, was in force between a local council and the Ministerial Corporation.
excluded work means a work referred to in Schedule 1.
exempt monitoring bore means a monitoring bore constructed in accordance with the Minimum Construction Requirements for Water Bores in Australia that is—
(a)  required by an order, or approved voluntary management proposal, under Part 3 of the Contaminated Land Management Act 1997, or
(b)  required by 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
(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, or
(b)  any stream or part of a stream the location of which is not specified in the hydroline spatial data.
For 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.
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)  Notes included in this Regulation (other than in Schedule 5) do not form part of this Regulation.