Water Management (General) Regulation 2018
Division 2 Exemptions
21 Exemption from requirement for access licence
(1) A person is exempt from section 60A(1) and (2) of the Act in relation to the taking of water from a water source if the person—(a) is specified in any provision of Part 1 of Schedule 4, and(b) takes water for any of the purposes, and in the circumstances, specified in that provision.(2) A person exempted under this clause is also exempted from any mandatory conditions relating to access licences that are imposed on a water supply work approval.(3) An exemption conferred by this clause that requires a watering program to be approved by the Minister is subject to the condition that any person claiming the exemption must, if required to do so by an authorised officer, produce the approved watering program immediately or within the period, and at the place, specified by the officer.(4) An exemption conferred by subclause (1) with respect to approved watering for basic human water needs (within the meaning of clause 14 of Schedule 4 (Taking water for basic human water needs)) ceases to apply 4 months after the date on which the relevant approval was granted by the Minister or such later date as the Minister may approve of in writing.(5) An exemption conferred by this clause with respect to the taking of water for the purposes and in the circumstances specified in clause 17 of Schedule 4 (Emergency safety measures) is subject to the condition that the person claiming the exemption must comply with all applicable requirements (if any) of the Minister—(a) that are published in the Gazette, or notified in writing to the person, for the purposes of this subclause, and(b) that are for the purposes of implementing the water management principles in relation to the taking of water the subject of the exemption.(6) An exemption conferred by this clause with respect to the taking of water for the purposes and in the circumstances specified in clause 7 of Schedule 4 (Water taken in course of certain aquifer interference activities) is subject to the condition that the person claiming the exemption must—(a) record water taken for which the exemption is claimed, and(b) make the record not later than 24 hours after water is taken, and(c) make the record in an approved form and manner, and(d) keep the record for a period of 5 years, and(e) give the record to the Minister in an approved form and manner—(i) not later than 28 days after the end of the water year in which the water was taken, or(ii) if the Minister directs the person in writing to give the record to the Minister on an earlier date, by that date.
22 Security holder’s consent not required for certain dealings
The following are exempt from the requirements of section 71L(1)(c) of the Act—(a) the grant of a single access licence arising from an application under section 71U of the Act for the grant of an access licence to give effect to the transfer into the State of an interstate equivalent of an access licence together with an application under section 71P of the Act for consolidation of that licence with another licence,(b) an increase in the share or extraction component of an access licence in connection with the assignment of rights under section 71Q of the Act.
23 Exemption from certain requirement concerning registration of security interests in replacement access licences
(1) A person claiming a security interest in a replacement access licence (within the meaning of Schedule 10 to the Act) is exempt from the requirement under clause 19(5)(d) of Schedule 10 to the Act that the person lodge written notice with the Secretary as referred to in that paragraph.(2) The person is exempt from that requirement only if the licence holder requests, by notice in writing to the Secretary, that the security interest be registered in the Access Register.