Water Management (General) Regulation 2018
Current version for 1 July 2020 to date (accessed 11 July 2020 at 21:14)
Part 11
Part 11 Miscellaneous
248   Notification of damage arising in the course of plumbing work
(1)  A person who, in the course of carrying out plumbing work in the area of operations of Essential Energy, damages a work or other property of a water supply authority must immediately notify the water supply authority of the damage.
Maximum penalty—20 penalty units.
(2)  In this clause—
plumbing work means work comprising or affecting—
(a)  a water service or its connection to a water supply authority’s water supply system, or
(b)  a sewerage service or its connection to a water supply authority’s sewerage system.
249   Management plans may contain savings and transitional provisions
For the purposes of section 17(e) of the Act, a management plan may, in respect of a water management area or water source to which it applies, contain provisions for or with respect to matters of a savings or transitional nature consequent on the making, amendment, repeal or consolidation of a management plan.
250   Mandatory condition requiring record of water taken where metering equipment not otherwise required to comply
(1)  For the purposes of sections 115 and 115A(b) of the Act, it is a mandatory condition of an authority under which a work may be used to take water that the holder of the authority must—
(a)  record water taken using the work, and
(b)  separately record 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 entitlement under the former 1912 Act, and
(c)  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 the means by which the holder confirmed those specified matters.
(2)  Subclause (1)(c) does not apply in relation to water taken from a regulated river.
(2A)  The record made under this clause must—
(a)  be made not later than 24 hours after any day during which water is taken, and
(b)  be made in an approved form and manner, and
(c)  be kept for a period of 5 years.
(2B)  A record made under subclause (1)(a), (b) or (c) must be given to the Minister in an approved form and manner not later than 28 days after the end of the water year in which the water was taken or matters confirmed.
(2C)  If, during a water year, the holder of the authority to which this clause applies does not take any water using the work concerned, it is a mandatory condition of the authority that the holder must make a record of that fact in an approved form and manner and give it to the Minister not later than 28 days after the end of that water year.
(3)  If, immediately before an authority became the subject of the condition imposed under this clause, the authority was subject to a condition requiring the holder to record information of a kind referred to in subclause (1) 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.
(3A)  For the avoidance of doubt, the removal of a condition relating to the keeping of logbooks by subclause (3) does not remove the requirement to retain records made before the removal of the condition for the period required by the condition.
(4)  For the purposes of subclause (3), it does not matter whether or not the condition relating to recording water taken or keeping logbooks also requires other information to be recorded.
(5)  This clause does not apply if—
(a)  metering equipment that complies with Schedule 8 is installed and used in relation to a work used to take water and the person using the work complies with the requirements of clause 244 and either—
(i)  the requirements of clause 244A, or
(ii)  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, or
(b)  the water supply work is subject to a mandatory metering equipment condition (within the meaning of Part 10), or
(c)  the water supply work is used solely to take water pursuant to a basic landholder right, or
(d)  the water supply work is used solely to take water under a floodplain harvesting (regulated river) access licence or a floodplain harvesting (unregulated river) access licence.
(6)  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).
(7)  In this clause, authority has the same meaning as in Part 10.
251   Management plans—water sharing provisions
(1)  For the purposes of section 21(c) of the Act, the following are prescribed as circumstances in which water may be withdrawn from a water allocation account—
(a)  circumstances in which there is insufficient water available in the relevant dam to provide for losses in the conveyance of water between the dam and the locations to which it is delivered (whether by evaporation, leakage or otherwise),
(b)  circumstances in which the amount of uncontrolled flow taken under a regulated river (general security) access licence or a regulated river (high security) access licence exceeds the amount that is allowed to be taken—
(i)  under that licence, or
(ii)  under the order under section 85A of the Act that authorises the taking of the uncontrolled flow,
(c)  circumstances in which during a water year one or more available water determinations to credit a water allocation account for a regulated river (general security) access licence or a regulated river (high security) access licence are made during or after water has been taken pursuant to an order made under section 85A of the Act that authorises the taking of water from uncontrolled flows in the same water year,
Note.
 Paragraph (c) enables water to be withdrawn from a water allocation account of a regulated river (general security) access licence or a regulated river (high security) access licence where any available water determination is made during or after a period of access to uncontrolled flows. The amount to be withdrawn is the lesser of the amount of uncontrolled flow taken and the amount credited to the water allocation account as a result of any available water determinations made during or after the taking of uncontrolled flows.
(d)  circumstances in which the balance of the account exceeds the maximum volume of water allocations that may be held in the account under the management plan for the water source to which the account relates.
(2)  One or more withdrawals may be made from a water allocation account during the water year in the circumstances referred to in subclause (1)(c) but the total amount withdrawn must not exceed the lesser of—
(a)  the total amount of uncontrolled water taken in the water year pursuant to the order, or
(b)  the total amount credited to the account in the water year in accordance with one or more available water determinations made during or after water has been taken by the licence holder pursuant to the order under section 85A of the Act.
(3)  For the purposes of section 21(f) of the Act, the water sharing planning provisions of a management plan for a water management area or water source may deal with—
(a)  the short-term delivery of water through the area, including by providing for the grouping of water orders and the periodic release of water orders, where the circumstances or conditions of delivery would result in unacceptably high delivery losses, and
(b)  the return or delivery of water to a water source, including the circumstances in which the water is to be returned or delivered.
(4)  In this clause, the relevant dam means the dam from which water is released for delivery to the holder of an access licence.
252   Land declared to be a floodplain
(1)  For the purposes of the definition of floodplain in the Dictionary to the Act—
(a)  the land shown edged in heavy black on the map in Part 1 of Schedule 6 is declared to be the Gwydir Valley Floodplain, and
(b)  the land shown edged in heavy black on the map in Part 2 of Schedule 6 is declared to be the Barwon-Darling Valley Floodplain, and
(c)  the land shown shaded grey or blue (including any part of the shaded area marked as road, rail, river or creek) on the map in Part 3 of Schedule 6 is declared to be the Upper Namoi Valley Floodplain.
(2)  For the purposes of clause 12 of Schedule 9 to the Act, land to which that clause applies ceases to be taken to be a floodplain under that clause on the land being declared under the Act to be, or to be part of, another floodplain.
253   Exemptions relating to taking over works—Anabranch Water
(1)  The private irrigation board Anabranch Water is exempt from section 159(3) and (4) of the Act until the end of 30 June 2020.
(2)  In this clause—
Anabranch Water means the board of management for the Great Anabranch of the Darling River Private Water Supply and Irrigation District, constituted by a proclamation published in Gazette No 142 of 25 November 2005 at pages 9809–9810.
254   Fees and charges
(1)  Subject to this Regulation, a charging authority may waive or reduce any fee or charge imposed under the Act.
(2)  In this clause, charging authority, in relation to a fee or charge, means the person or body (other than the Minister) that imposes the fee or charge.
255   Liability for rates and charges levied after transfer of estate or interest
For the purposes of section 361 of the Act, the prescribed notice is a document in writing, containing the following information—
(a)  a statement that the document is notice of a disposal of an estate or interest in land,
(b)  details of the land in respect of which rates or changes have been, or may be, levied,
(c)  the date on which the estate or interest in land was disposed of,
(d)  the name and address of the person disposing of the estate or interest,
(e)  the name and address of the person to whom the estate or interest was transferred.
256   Electronic lodgment of certain applications, claims and objections
(1)  An application referred to in clause 9 or 25, a claim referred to in clause 19 or an objection referred to in clause 27, 52 or 54 may be lodged electronically only if—
(a)  the information recorded in the application, claim or objection is capable, at any time, of being reproduced in a written form, and
(b)  the application, claim or objection is lodged in an information system designated by the Minister for the purpose of receiving such an application, claim or objection.
(2)  Such an application, claim or objection that is lodged electronically is taken to be duly authenticated if—
(a)  it identifies—
(i)  in the case of an application, each party to the application, and
(ii)  in the case of a claim, the claimant, and
(iii)  in the case of an objection, the objector, and
(b)  it indicates the belief of each party or the claimant or the objector in the truth of the information contained in the application, claim or objection (as the case may be).
(3)  In this clause—
information system means a system for generating, sending, receiving, storing or otherwise processing electronic communications.
257   Transformation of water entitlements
(1)  For the purposes of sections 190A(4) and 237A(4) of the Act, a determination by a private irrigation board or the members of a private water trust of a landholder’s water entitlement must specify the following—
(a)  the proportion of the share component of an access licence held by or on behalf of the board or trust that is available to the landholder,
(b)  the licence category of the landholder’s proportion of the share component.
(2)  For the purposes of sections 190A(6) and 237A(6) of the Act, a member of a person’s immediate family means—
(a)  a spouse or de facto partner or former spouse or de facto partner of the person, or
(b)  a child or step-child of the person, or
(c)  a grandchild or step-grandchild of the person, or
(d)  a parent or step-parent of the person, or
(e)  a grandparent or step-grandparent of the person, or
(f)  a brother, sister, step-brother or step-sister of the person.
258   Metering equipment installed by Ministerial Corporation
(1)  The Ministerial Corporation is the owner of metering equipment installed or replaced by the Ministerial Corporation on or after 4 March 2011.
(2)  The Ministerial Corporation may exercise the function of modifying metering equipment (whether or not it is the property of the Corporation) but is not to exercise that function to the exclusion of any other person unless the equipment is referred to in subclause (3).
(3)  The Ministerial Corporation may exercise the functions specified in section 372A(2) of the Act exclusively in relation to the following metering equipment—
(a)  metering equipment installed, modified or replaced by the Ministerial Corporation on or after 4 March 2011,
(b)  metering equipment installed, modified or replaced by the Ministerial Corporation before 4 March 2011 pursuant to the Funding Deed dated 15 April 2009 between the Commonwealth of Australia and the New South Wales Government in relation to the Hawkesbury Nepean River Recovery Project.
259   Repeal and savings
(1)  The Water Management (General) Regulation 2011 is repealed.
(2)  Any act, matter or thing that, immediately before the repeal of the Water Management (General) Regulation 2011, had effect under that regulation continues to have effect under this Regulation.
Note.
 Section 30(2)(d) of the Interpretation Act 1987 ensures that the repeal of a regulation does not affect the operation of any savings or transitional provision contained in the regulation.
(3)  Without limiting subclause (2), Schedule 4 to that Regulation, as in force immediately before its repeal, continues to apply in respect of any access licence or approval to which it applied before that repeal.