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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 07:22)
Part 10
Part 10 Metering equipment
Division 1 Preliminary
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.
approved manner means the manner approved by the Minister and notified on—
(a)  the Department’s website, or
(b)  if approved by the Minister, on a publicly available website maintained by WaterNSW.
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.
authority means a water supply work approval, an access licence or a licence or other entitlement under the former 1912 Act.
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.
open channel means a channel or conduit used for conveying water that is not enclosed.
(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.
Division 2 Metering equipment conditions
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.
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—
(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 2019) apply, 1 December 2023—
(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 December 2022,
(c)  for a work authorised under a licence or entitlement with a number that begins with 10, 20 or 30, 1 December 2023,
(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 this clause 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 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).
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.
(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.
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.
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.
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.
Division 3 Metering equipment standards
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).
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 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.
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.
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.
Division 4 Defences for metering offences
239   Commencement of Division
This Division commences on 1 April 2019.
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.
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.
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.
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.
Division 5 Miscellaneous
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)  A record under subclause (2)(a) is to be given to the Minister in an approved form and manner.
(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.
(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 December 2022 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 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)(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.
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 report the water taken using the work to the Minister in accordance with this clause.
(3)  A report of water taken using a work must be made in the approved form and manner.
(4)  This clause does not apply in relation to the following—
(a)  a work used to take water if metering equipment that complies with clause 6 of Schedule 8 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,
(b)  water taken from a regulated river.
(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 December 2022 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 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)(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.
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.
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.
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.