We’re developing a new legislation website and need your feedback.
You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Contents (2018 - 480)
Skip to content
Water Management (General) Regulation 2018
Current version for 7 February 2020 to date (accessed 10 April 2020 at 07:16)
Part 3 Division 2 Subdivision 2
Subdivision 2 Exemption from requirement for water use approval
34   Exemption where the taking of the water is also exempt
(1)  A person who is exempt under clause 21 in relation to the taking of water for any of the purposes, and in the circumstances, specified in a provision of Part 1 of Schedule 4 is exempt from section 91A(1) of the Act in relation to the use of the water for that purpose or those purposes, and in those circumstances.
(2)  An exemption conferred by this clause that relates to an exemption under clause 21 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.
(3)  An exemption conferred by this clause in respect of an exemption under clause 21 with respect to approved watering for basic human water needs (within the meaning of clause 14 of Schedule 4) ceases to apply at the same time as the exemption ceases to apply under clause 21(4).
(4)  An exemption conferred by this clause in respect of an exemption under clause 21 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 use of water the subject of the exemption.
35   Water used for particular purposes
A person is exempt from section 91A(1) of the Act in relation to the use of water if the water is used for any of the following purposes—
(a)  the use of water for a purpose for which a development consent is in force under the Environmental Planning and Assessment Act 1979, other than the use of water for power generation by a major utility,
(b)  the use of water for domestic consumption or stock watering,
(c)  the use of water by, or on behalf of, the holder of a specific purpose access licence for Aboriginal cultural purposes for any purpose for which water may be taken under the licence,
(d)  the use of water for an environmental purpose in accordance with a plan approved by the Minister under section 8E(7) of the Act.
36   Aquifer interference in connection with mining
A person who is engaged in an aquifer interference activity in connection with the mining or extraction of any material is exempt from section 91A(1) of the Act in relation to the using of water from an aquifer if the water is used in accordance with an aquifer interference approval with respect to that activity.