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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 5 April 2020 at 18:10)
Part 3 Division 1
Division 1 General
24   Definition of “aquifer interference activity”
The following activities are prescribed for the purposes of paragraph (d) of the definition of aquifer interference activity in the Dictionary to the Act—
(a)  the extraction of sand,
(b)  the extraction of road base material.
25   Applications generally
(1)  An application under Part 3 of Chapter 3 of the Act—
(a)  must be in the approved form, and
(b)  must, if required by the Minister, include or be accompanied by an assessment of the likely impact of the water use, work or activity concerned, and
(c)  must be signed or otherwise authenticated by each applicant, and
(d)  if the application is an application for a controlled activity approval (or the extension of such an approval), must be signed by the owner of the land on which the activity is to take place, and
(e)  must be accompanied by, or make provision for the payment of, the fee payable under section 114 of the Act in relation to the application, and
(f)  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)  An assessment referred to in subclause (1)(b) must be prepared in accordance with the requirements (if any) issued by the Minister.
26   Advertising of applications for approvals
(1)  The following classes of applications are to be advertised, as referred to in section 92(7) of the Act—
(a)  applications for water supply work approvals for—
(i)  works for the taking of water from a river, or
(ii)  bores for the taking of water, other than bores used solely for taking water in accordance with a person’s basic landholder rights, or
(iii)  works (such as weirs) that have the effect of impounding water in a water source, or
(iv)  works (such as tanks and dams) that are constructed or used for the purpose of capturing rainwater run-off,
(b)  applications for water use approvals for irrigation,
(c)  applications whose advertising is required by any relevant management plan,
(d)  applications for flood work approvals for flood works that the Minister has assessed under this clause to be non-complying flood works,
(e)  applications for flood work approvals for flood works that are situated in or on a floodplain for which there is no management plan (including a converted floodplain management plan) in force with respect to that floodplain.
(2)  If an application is made for a flood work approval, the Minister is to assess whether the flood work to which the application relates is a non-complying flood work.
(3)  A flood work to which an application relates is to be assessed to be a non-complying flood work only if—
(a)  the work is situated, or proposed to be constructed, in an area to which a converted floodplain management plan applies, and
(b)  the Minister is not satisfied that the work complies with the converted floodplain management plan.
(4)  An application referred to in subclause (1)(a) does not have to be advertised (unless required to be advertised by a management plan referred to in subclause (1)(c)) if the water supply work concerned is to be used—
(a)  for a period of not more than 6 months, and
(b)  for one of the following purposes—
(i)  road construction or road maintenance by a roads authority (within the meaning of the Roads Act 1993),
(ii)  drought relief,
(iii)  dust suppression,
(iv)  prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991,
(v)  any environmental purpose authorised by a plan approved by the Minister under section 8E(7) of the Act,
(vi)  hydrostatic testing of gas pipelines.
(5)  An application referred to in subclause (1)(a)(i) does not have to be advertised (unless required to be advertised by a management plan referred to in subclause (1)(c)) if the water supply work concerned—
(a)  is to be used solely for taking or using water pursuant to a replacement access licence, and
(b)  was in existence at the time the relevant replacement access licence came into force.
(6)  An application referred to in subclause (1)(b) does not have to be advertised (unless required to be advertised by a management plan referred to in subclause (1)(c)) if the land to which the application relates is land in respect of which a replacement access licence.
(6A)  An application referred to in subclause (1) does not have to be advertised if the water supply work concerned is to be used for the taking of water in relation to floodplain water usage by a landholder that is to be converted into a replacement floodplain harvesting access licence (within the meaning of section 57A of the Act), but only if that licence has not been granted to the landholder.
(7)  An application for an approval must be advertised by the Minister by means of a notice published—
(a)  in a newspaper circulating throughout the area the application affects, or as many newspapers circulating within the various parts of that area as are necessary to ensure that it reaches all parts of that area, and
(b)  in a newspaper circulating among such Aboriginal communities as, in the opinion of the Minister, could be affected by the granting of such an approval, and
(c)  on the Department’s website.
(8)  The notice must contain the following information—
(a)  the name of the applicant,
(b)  the type of approval to which the application relates,
(c)  particulars indicating the location to which the application relates,
(d)  in the case of a water supply work approval, the capacity of the work and the water source and stream from which the work is proposed to take water,
(e)  in the case of a water use approval, the purpose for which water is to be used under the approval,
(f)  the form in which any objection against the application should be made for the purposes of section 93 of the Act,
(g)  the address to which, and the time by which, any such objection should be made,
(h)  the name and contact details for the relevant departmental officer.
(9)  In this clause—
replacement access licence means a replacement access licence arising under Division 9, 11, 12 or 13 of Part 2 of Schedule 4 to the Water Management (General) Regulation 2011 as in force pursuant to clause 259(2).
27   Procedure for making objection to granting of approval
For the purposes of section 93(1) of the Act, an objection to the granting of an approval—
(a)  must be in writing or in electronic form, and
(b)  must be signed or otherwise authenticated by the objector, and
(c)  must contain the name and address of the objector, and
(d)  must, within 28 days after the notice was first published, be lodged at, or sent by post to, the address specified in the notice referred to in clause 26(8)(g) or, if in electronic form, lodged electronically as provided by clause 256, and
(e)  must specify the grounds of the objection.
28   Matters affecting consideration of applications
For the purposes of section 96(a) of the Act, the matters to be taken into consideration by the Minister in considering whether or not to grant an aquifer interference approval include whether the amount of water taken in the course of carrying out the aquifer interference activity to which the approval relates will exceed the total extraction limit for the aquifer set out in any relevant management plan.
29   Circumstances in which approvals may be amended
(1)  For the purposes of section 107(1)(b) of the Act, the Minister may amend an approval to create 2 or more approvals from a single approval if—
(a)  a subdivision of the land specified in the approval as the land benefited by the approval results in part of the land being held by the holder of the approval and part of the land being held by a landholder who is not the holder of the approval, or
(b)  in the case of an approval jointly held by 2 or more persons, each of the persons request the creation of 2 or more approvals from the approval jointly held by the persons.
(2)  For the purposes of section 107(1)(c) of the Act, the Minister may amend an approval to correct any error or omission in a description in the approval of—
(a)  a location to which the approval relates, or
(b)  the management plan, water source or management zone to which the approval relates.
30   Circumstances in which Minister may refuse to accept surrender of approval
For the purposes of section 108(1A) of the Act, the Minister may refuse to accept the surrender of an approval if—
(a)  in the case of a water management work approval—
(i)  construction of a work to which the approval relates has commenced but has not been completed in accordance with the approval, and
(ii)  the Minister is not satisfied that adequate arrangements are in force to ensure that no more than minimal harm will be done to any water source or its dependent ecosystems if the approval is surrendered before construction of the work is so completed, or
(b)  in the case of a water management work approval, the Minister is satisfied—
(i)  that a work to which the approval relates is still being used or is capable of still being used, and
(ii)  that if the approval is surrendered, the work will not be authorised under the Act, or
(c)  in the case of a controlled activity approval—
(i)  the carrying out of a controlled activity to which the approval relates has commenced but has not been completed in accordance with the approval, and
(ii)  the Minister is not satisfied that adequate arrangements are in force to ensure that no more than minimal harm will be done to any waterfront land if the approval is surrendered before the carrying out of the activity is so completed, or
(d)  in the case of a controlled activity approval, a maintenance period specified in the approval to enable a rehabilitation plan or vegetation management plan to be implemented has not expired, or
(e)  in the case of an aquifer interference approval—
(i)  the carrying out of an aquifer interference activity to which the approval relates has commenced but has not been completed in accordance with the approval, and
(ii)  the Minister is not satisfied that adequate arrangements are in force to ensure that no more than minimal harm will be done to the aquifer or its dependent ecosystems if the approval is surrendered before the carrying out of the activity is so completed.
31   Register of approvals
(1)  For the purposes of section 113(2) of the Act, the register kept under that section may be kept in written or in electronic form.
(2)  For the purposes of section 113(3) of the Act, the register kept under that section is to be made available for public inspection at each office of the Department.
(3)  The Secretary may also make the register, or parts of the register, available on the Department’s website.
32   Security for fulfilment of obligations under approvals
(1)  An approval may be granted subject to a condition to the effect that, before commencing the construction of any work or the carrying out of any activity, the holder of the approval must provide the Minister with security for the cost of performing the holder’s obligations under the approval in the event that the holder fails to perform those obligations.
(2)  The security is to be for such reasonable amount as is determined by the Minister and specified in the condition as to security.
(3)  The security may be provided, at the choice of the holder, by way of a deposit with the Minister (a security deposit) or a guarantee satisfactory to the Minister.
(4)  The Minister may retain a security deposit until satisfied that the holder of the approval has fulfilled the holder’s obligations under the approval.
(5)  A security deposit may be paid out, or a guarantee may be enforced, to meet the cost of performing the holder’s obligations under the approval. Any balance of a security deposit remaining is to be refunded to, or at the direction of, the person who provided the security, together with any interest accrued on the deposit as a consequence of its investment.
(6)  Obligations under an approval that are required to be fulfilled after the period for which the approval remains in force do not cease merely because the approval ceases to be in force.
(7)  A security deposit may be retained and dealt with under this clause, and a guarantee may be enforced, even though the approval is no longer in force.
(8)  A person who has deposited an amount under this clause is entitled to a refund of the amount together with any interest accrued on the deposit as a consequence of its investment (less any amount paid out under this clause) if the person makes a written request to the Minister that satisfies the Minister that all obligations under the approval have been fulfilled.