Water Management (General) Regulation 2018
Current version for 1 July 2020 to date (accessed 11 July 2020 at 22:18)
Part 2 Division 1
Division 1 General
4   Categories of access licence
(1)  For the purposes of section 57(1)(l) of the Act, each of the following categories of access licence are prescribed—
(a)  Murrumbidgee Irrigation (conveyance) access licence,
(b)  Coleambally Irrigation (conveyance) access licence,
(c)  domestic and stock (conveyance) access licence,
(d)  unregulated river (high flow) access licence,
(e)  regulated river (general security—A class) access licence,
(f)  regulated river (general security—B class) access licence,
(g)  aquifer (general security) access licence,
(h)  unregulated river (special additional high flow) access licence,
(i)  salinity and water table management access licence,
(j)  aquifer (high security) access licence,
(k)  unregulated river (regulated supply—local water utility) access licence,
(l)  unregulated river (regulated supply) access licence,
(m)  unregulated river (A class) access licence,
(n)  unregulated river (B class) access licence,
(o)  unregulated river (C class) access licence,
(p)  major utility (Barnard) access licence,
(q)  Penrith Lakes Scheme (initial fill of the lakes that form part of the Scheme) access licence,
(r)  West Corurgan Temporary Critical Conveyance access licence,
(s)  Moira Temporary Critical Conveyance access licence,
(t)  Eagle Creek Temporary Critical Conveyance access licence,
(u)  Mathoura Temporary Critical Conveyance access licence.
(2)  For the purposes of section 57(2) of the Act, each subcategory specified in Column 2 of Schedule 3 in relation to a category of access licence referred to in Column 1 of that Schedule is a prescribed subcategory of the category so referred to.
5   Specific purpose access licences
(1)  For the purposes of paragraph (e) of the definition of specific purpose access licence in the Dictionary to the Act, each of the following types of access licence is declared to be a specific purpose access licence—
(a)  domestic and stock (conveyance) access licence,
(b)  salinity and water table management access licence,
(c)  unregulated river (regulated supply—local water utility) access licence,
(d)  unregulated river (regulated supply) access licence,
(e)  major utility (Barnard) access licence,
(f)  Penrith Lakes Scheme (initial fill of the lakes that form part of the Scheme) access licence,
(g)  West Corurgan Temporary Critical Conveyance access licence,
(h)  Moira Temporary Critical Conveyance access licence,
(i)  Eagle Creek Temporary Critical Conveyance access licence,
(j)  Mathoura Temporary Critical Conveyance access licence.
(2)  A supplementary water (Lowbidgee) access licence is exempted from paragraph (d) of the definition of specific purpose access licence.
6   Priorities between different categories of access licence
(1)  The priorities to be observed in relation to the access licences referred to in section 58(1)(c) of the Act are that—
(a)  the following access licences have equal priority with each other and have priority over any other access licences referred to in section 58(1)(c) of the Act—
(i)  regulated river (conveyance) access licences,
(ii)  Murrumbidgee Irrigation (conveyance) access licences,
(iii)  Coleambally Irrigation (conveyance) access licences,
(iv)  West Corurgan Temporary Critical Conveyance access licences,
(v)  Moira Temporary Critical Conveyance access licences,
(vi)  Eagle Creek Temporary Critical Conveyance access licences,
(vii)  Mathoura Temporary Critical Conveyance access licences, and
(b)  all other access licences referred to in section 58(1)(c) of the Act have equal priority with each other.
(2)  Any subcategory of access licence has equal priority with the access licence of which it is a subcategory and with any other subcategory of that licence.
7   Available water determinations
(1)  For the purposes of section 59(2) of the Act, an available water determination referred to in section 59(1)(a) of the Act is to be published on the Department’s website.
(2)  An available water determination so published must be retained on the Department’s website until the end of the water year to which it relates.
8   Service of notices imposing conditions after licence or approval is granted
(1)  A written notice under section 67 or 102 of the Act may be served on or given to the holder of an access licence or an approval by sending it electronically to an email address provided by the holder as the holder’s address for the giving or service of documents of that kind.
(2)  The giving or service of a notice in the manner provided for in subclause (1) is effected when the notice is sent to that email address.
9   Applications generally
(1)  An application under Part 2 of Chapter 3 of the Act—
(a)  must be in the approved form, and
(b)  must be signed or otherwise authenticated by each applicant, and
(c)  must be accompanied by, or make provision for the payment of, any fee payable under section 114 of the Act in relation to the application, and
(d)  must be lodged at, or sent by post to, an office of the Department or lodged electronically as provided by clause 256.
Note.
 See section 80 of the Interpretation Act 1987 with respect to compliance with approved forms.
(2)  This clause does not apply to an application for the recording of any matter in the Access Register under section 71A of the Act.
10   Applications for specific purpose access licences
(1)  For the purposes of section 61(1)(a) of the Act, an application for the following categories and subcategories of specific purpose access licence may be made—
(a)  a local water utility access licence (subcategory “domestic and commercial”), for the purpose of domestic consumption and commercial activities,
(b)  a domestic and stock access licence (subcategory “domestic”), for the purpose of domestic consumption,
(c)  a domestic and stock access licence (other than subcategory “domestic”), but only if—
(i)  the application is made by a landholder who became the landholder not more than 12 months before making the application, and
(ii)  immediately before the applicant became the landholder, a domestic and stock access licence was in force in relation to the land (the former licence), and
(iii)  the domestic and stock access licence is for the same subcategory (if any) as the former licence, and
(iv)  the share component does not exceed the share component (if any) of the former licence, and
(v)  the former licence has been, or should be, cancelled because it can no longer be used by the person who was formerly the landholder,
(d)  an unregulated river access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities,
(e)  a regulated river (high security) access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities,
(f)  an aquifer access licence (subcategory “town water supply”), for the purpose of supply to communities for domestic consumption and commercial activities,
(g)  any category of specific purpose access licence (subcategory “Aboriginal cultural”), for Aboriginal cultural purposes,
(h)  a major utility (Barnard) access licence,
(i)  a Penrith Lakes Scheme (initial fill of the lakes that form part of the Scheme) access licence,
(j)  an unregulated river access licence (subcategory “Snowy 2.0 project”),
(k)  a West Corurgan Temporary Critical Conveyance access licence, for the purpose of enabling water to be supplied to the West Corurgan Private Irrigation District for domestic consumption and stock watering until the sum of available water determinations made by the Minister after the grant of the licence in relation to regulated river (general security) access licences in the New South Wales Murray regulated river water source exceeds 0.15 ML per unit share,
(l)  Moira Temporary Critical Conveyance access licence, for the purpose of enabling water to be supplied to the Moira Private Irrigation District until the sum of available water determinations made by the Minister after the grant of the licence in relation to regulated river (general security) access licences in the New South Wales Murray regulated river water source exceeds 0.15 ML per unit share,
(m)  Eagle Creek Temporary Critical Conveyance access licence, for the purpose of enabling water to be supplied to the members of the Eagle Creek Pumping Syndicate Incorporated until the sum of available water determinations made by the Minister after the grant of the licence in relation to regulated river (general security) access licences in the New South Wales Murray regulated river water source exceeds 0.15 ML per unit share,
(n)  Mathoura Temporary Critical Conveyance access licence, for the purpose of enabling water to be supplied to the members of the Mathoura Joint Water Supply Association Incorporated until the sum of available water determinations made by the Minister after the grant of the licence in relation to regulated river (general security) access licences in the New South Wales Murray regulated river water source exceeds 0.15 ML per unit share.
(2)  In this clause—
commercial activities means associated commercial activities within the meaning of section 66(3A) of the Act.
11   Matters to be included in Water Access Licence Register
(1)  For the purposes of section 71A(1)(h) of the Act, the matters to be recorded in the General Division of the Access Register include any memorandum of terms and conditions—
(a)  that is lodged with the Minister by the holder, or prospective holder, of a security interest, and
(b)  that is, or is intended to be, adopted by or incorporated in an instrument evidencing the existence of a security interest, as referred to in section 71D(1)(a) of the Act.
(2)  For the purposes of section 71A(2)(b) of the Act, the matters to be recorded in the Assignment Division of the Access Register include any agreement in the approved form that is signed by all the holders of an access licence and is submitted to the Minister, being an agreement that the person or persons specified in the agreement may, on behalf of the holders of the access licence, apply for an assignment dealing.
12   Nomination of water supply works and extraction points
(1)  The only circumstance in which a nomination under section 71W(1)(b) of the Act is permitted is if the Minister is satisfied—
(a)  that the water supply work or extraction point the subject of the nomination is in a water source (the other water source) that is connected to a water source specified in the access licence (the specified water source), and
(b)  the water credited to the access licence that may be taken by means of the water supply work or from the extraction point will be so taken from the specified water source indirectly, as an unavoidable result of water being taken from the other water source by means of the work or from the extraction point.
(2)  A nomination of a water supply work required to be notified to the Minister under section 71W(3)(a) of the Act must be notified within 28 days after the nomination is made.
(3)  A withdrawal of a nomination required to be notified to the Minister under section 71W(3)(b) of the Act must be notified within 28 days after the nomination is withdrawn.
(4)  A notification referred to in subclause (2) or (3) must be in writing and may be given by email or other electronic communication.
(5)  For the purposes of paragraph (j) of the definition of general dealing in the Dictionary to the Act, the amendment of an access licence to nominate a specified extraction point as a means by or from which water credited to the licence may be taken, as referred to in section 71W of the Act, is prescribed as a general dealing in an access licence.
13   Dealings on default
A notice served on the holder or co-holder of an access licence, a person having a registered caveat over an access licence or holding and the Minister in relation to the transfer of the licence or holding as a consequence of a default in the payment of a debt or performance of some other obligation under a contract or other legally enforceable arrangement secured by a security interest—
(a)  must indicate—
(i)  that it is a notice for the purposes of section 71X of the Act, and
(ii)  that the holder or co-holder of the licence is in default under the contract or arrangement, as specified in the notice, and
(iii)  that steps must be taken by the holder or co-holder of the licence to rectify the default, as specified in the notice, and
(iv)  that, if those steps are not taken within 30 days after service of the notice, the access licence may be transferred pursuant to that section, and
(b)  must be served on a person in a manner in which a document may be served on a person under section 170 of the Conveyancing Act 1919.
14   Circumstances in which Minister may refuse to accept surrender of access licence
For the purposes of section 77(2B) of the Act, the Minister may refuse to accept the surrender of an access licence if—
(a)  the licence is subject to a registered security interest or a registered caveat, or
(b)  the holder of the access licence has failed to make due payment with respect to any fees, charges or civil penalties that are payable in respect of the licence, or
(c)  the licence is one for which a water supply work or extraction point is nominated under section 71W of the Act and the Minister is satisfied—
(i)  that the continued taking of water by means of the work or from the extraction point is not intended, and
(ii)  that water is still being taken, or is still capable of being taken, by means of the work or from the extraction point, and
(iii)  that work that needs to be done to stop the taking of water by means of the work or from the extraction point has not been completed or satisfactorily completed, or
(d)  the licence is one for which a water supply work or extraction point is nominated under section 71W of the Act and the Minister is satisfied—
(i)  that the continued taking of water by means of the work or from the extraction point is intended, and
(ii)  that water is still being taken, or is still capable of being taken, by means of the work or from the extraction point, and
(iii)  if the licence is surrendered, the continued taking of water by means of the work or from the extraction point will not be authorised under the Act (for example, authorised under another access licence or in exercise of a harvestable right or domestic and stock right or because the Minister agrees to hold the surrendered licence until the taking of water by means of the work or from the extraction point ceases).
15   Cancellation of specific purpose access licences
For the purposes of section 77A(3) of the Act, the following criteria are prescribed as criteria that the Minister must consider when determining whether the purpose for which a specific purpose access licence was granted no longer exists—
(a)  in the case of an access licence for the supply of water to a location in relation to any activity, whether that activity is still continued at that location or still requires a supply of water,
(b)  in the case of an access licence for the supply of water to a town or community or to some other location for domestic purposes, whether anyone still resides in that town or community or at that location,
(c)  in the case of an access licence for the supply of water to a location for stock purposes, whether there is still any stock at that location,
(d)  in the case of an access licence for the supply of water for any purpose from any water source, whether the water previously supplied for that purpose from that water source is now supplied from some other water source.
16   Register of available water determinations
(1)  The following particulars must be recorded in the register of available water determinations kept under section 84 of the Act in relation to each available water determination—
(a)  the terms of the determination,
(b)  the date on which it was made,
(c)  the water source or sources (or the parts of the water source or sources) to which it applies,
(d)  in the case of a determination referred to in section 59(1)(a) of the Act, the categories or subcategories of access licence to which it applies,
(e)  in the case of a determination referred to in section 59(1)(b) of the Act, the individual access licences to which it applies.
(2)  For the purposes of section 84(2) of the Act, the register of available water determinations may be kept in written or in electronic form.
(3)  For the purposes of section 84(3) of the Act, the register of available water determinations is to be made available for public inspection at each office of the Department.
(4)  The Secretary may also make the register of available water determinations, or parts of the register, available on the Department’s website.
17   Water allocation accounts
(1)  Water allocations are to be debited from an access licence’s water allocation account—
(a)  except as provided by paragraph (b), whenever water is taken by means of any of the access licence’s nominated water supply works, or
(b)  if the relevant water sharing plan so provides, whenever water is ordered in relation to any of the access licence’s nominated water supply works.
(2)  If a water supply work is nominated in relation to 2 or more access licences, water allocations taken by means of, or ordered in relation to, the work are to be debited from the water allocation accounts for those access licences—
(a)  to the extent to which the relevant water sharing provisions of a management plan establish priorities in that regard, in accordance with the priorities so established, and
(b)  to the extent to which the relevant water sharing provisions of a management plan do not establish priorities in that regard—
(i)  subject to subparagraph (ii), as nominated by the holder of the access licences concerned or, if the access licences are held by different people, as nominated jointly by the holders, or
(ii)  if no such nomination is made or if such a nomination is incapable of being implemented, as determined by the Minister.
(3)  Water allocations remaining in a water allocation account at the end of a water year may be carried over to the next water year, but only to the extent that the relevant water management plan permits.
(4)  Subclause (3) is not limited or otherwise affected by any order in force under section 49A(1) of the Act.
(5)  A water allocation account may be kept in the form of 2 or more sub-accounts.
18   Requirements for consent by co-holders of access licences
An appointment, or a revocation of appointment, of a nominee of a co-holder of an access licence under section 72A(2) of the Act—
(a)  must be in the approved form, and
(b)  must be signed by the co-holder making or revoking the appointment, and
(c)  must be lodged at, or sent by post to an office of the Department.
19   Claims for compensation
A claim under section 87 of the Act—
(a)  must be in the approved form, and
(b)  must be signed or otherwise authenticated by the claimant, and
(c)  must be lodged at, or sent by post to, an office of the Department or lodged electronically as provided by clause 256.
Note.
 See section 80 of the Interpretation Act 1987 with respect to compliance with approved forms.
20   Determining value of water illegally taken
(1)  For the purposes of section 60G(1)(a) of the Act, the value of water illegally taken from a water source is to be determined in accordance with this clause.
(2) No trading prices published for any period If no trading price data has been published for any period for the water source, the value of water illegally taken is to be determined by multiplying the relevant published water access (entitlement) charge for the valley in which the water source is located for the water year in which the illegal taking of water began (expressed in dollars per megalitre) by the volume of water illegally taken (expressed in megalitres).
(3) Trading prices published for month or some or all months in which water illegally taken If trading price data has been published for the water source for the month or some or all of the months in which water was illegally taken, the value of water illegally taken is to be determined by establishing the weighted average trading price for the water source published for the month or months in which water was illegally taken (expressed in dollars per megalitre) and multiplying that weighted average by the volume of water illegally taken (expressed in megalitres).
(4) Trading prices published for year in which illegal taking of water began and illegal taking of water began in previous water year If the illegal taking of water began in a water year previous to the current water year and trading price data has been published for the water source for that previous water year but not for the month or months in which water was illegally taken, the value of water illegally taken is to be determined by establishing the weighted average trading price for the water source published for that previous water year (expressed in dollars per megalitre) and multiplying it by the volume of water illegally taken (expressed in megalitres).
(5) Trading prices published but not for month or months in which water illegally taken and illegal taking of water began in current water year If the illegal taking of water began in the current water year and no trading price data has been published for the water source for the month or months in which water was illegally taken (whether or not trading price data has been published for the water source for any other month in the current year) and—
(a)  trading price data has been published for the water year previous to the current water year—the value of water illegally taken is to be determined by establishing the weighted average trading price for the water source published for that previous water year (expressed in dollars per megalitre) and multiplying that weighted average by the volume of water illegally taken (expressed in megalitres), or
(b)  trading price data has not been published for the water year previous to the current water year—the value of water illegally taken is to be determined by multiplying the published water access (entitlement) charge for the valley in which the water source is located for that previous water year (expressed in dollars per megalitre) by the volume of water illegally taken (expressed in megalitres).
(6) No trading prices published for year in which illegal taking of water began and illegal taking of water began in previous water year If the illegal taking of water began in a water year previous to the current water year and no trading price data has been published for the water source for any month during that previous water year, the value of water illegally taken is to be determined by multiplying the published water access (entitlement) charge for the valley in which the water source is located for that previous water year (expressed in dollars per megalitre) by the volume of water illegally taken (expressed in megalitres).
(7)  In this clause—
illegally taken means taken in contravention of Division 1A of Part 2 of the Act.
published means published on the Department’s website.
trading price data means data about assignments of water allocations under section 71T of the Act occurring in any month, but not any other dealings.
water access (entitlement) charge is the annual charge per unit of entitlement that would be payable under the 1-part tariff for an unregulated river access licence or an aquifer access licence, as imposed by the Minister pursuant to section 114 of the Act.
Note 1.
 This definition does not apply to regulated river access licences because regulated rivers have trading prices.
Note 2.
 Details relating to the 1-part tariff for unregulated river access licences and aquifer access licences are published on the Department’s website.