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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 07:08)
Part 10 Division 2 Clause 231
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(a)  an exemption is granted by the Minister under clause 233 and the exemption has not been revoked,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.