Water Management (General) Regulation 2018
Current version for 1 July 2020 to date (accessed 11 July 2020 at 21:58)
Part 10 Division 2
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 2020) 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 (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).
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.