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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 18:08)
Part 3 Division 2 Subdivision 3
Subdivision 3 Exemption from requirement for water supply work approval
37   Exemptions relating only to construction of water supply works
(1)  A person is exempt from section 91B(1) of the Act in relation to the construction of any of the following water supply works—
(a)  a water supply work constructed for the purpose of prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991 and for no other purpose,
(b)  the construction of a water pipe for use solely for conveying water from one place to another,
(c)  the construction of a water reticulation work on land the subject of a water use approval.
(2)  Subclause (1) does not apply to a water supply work constructed on any of the following land—
(a)  land within an area declared to be an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,
(b)  land within an area declared to be critical habitat under Division 3 of Part 7A of the Fisheries Management Act 1994,
(c)  land that is a heritage conservation area within the meaning of an environmental planning instrument that applies to the land under the Environmental Planning and Assessment Act 1979,
(d)  land that is an Aboriginal place within the meaning of the National Parks and Wildlife Act 1974,
(e)  land that is reserved for any purpose under the National Parks and Wildlife Act 1974,
(f)  land the subject of a conservation agreement in force under section 69B of the National Parks and Wildlife Act 1974,
(g)  land the subject of a property vegetation plan under Part 4 of the Native Vegetation Act 2003 (as continued in force under the Biodiversity Conservation Act 2016),
(h)  land within a State forest within the meaning of the Forestry Act 2012 (other than land in any part of a State forest that is a plantation within the meaning of that Act),
(i)  land within a coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(j)  waterfront land (other than waterfront land relating to a minor stream).
38   Exemptions relating only to use of water supply works
A person is exempt from section 91B(1) of the Act in relation to the use of any of the following water supply works if the work is used for any of the purposes, and in the circumstances, specified in relation to the work—
(a)  a water supply work used for the purpose of prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991,
(b)  a water storage work, water reticulation work or water impounding work that was in use before 1 July 2004 to convey or impound water taken pursuant to—
(i)  an entitlement, or
(ii)  (the previously repealed) section 7(7) of the former 1912 Act,
that is used pursuant to that entitlement for a purpose permitted by that entitlement, or for a purpose permitted by section 7(7) of the former 1912 Act,
(c)  a water reticulation work used for the purpose of conveying water to land—
(i)  the subject of a water use approval, or
(ii)  the use of water on which does not require a water use approval,
(d)  a hydro-electric power station that is operated in connection with a water supply work owned by Water NSW or the Ministerial Corporation, and is authorised by Water NSW or the Ministerial Corporation to be so operated, but only if—
(i)  the water taken by the work is used for the purpose of generating hydro-electric power, and
(ii)  the water taken by the work is returned to the same water source from which it was taken, and
(iii)  the returned water is of the same quality as it was when it was taken (in terms of chemical composition, temperature, sediment content and salinity),
(e)  a water tanker (being a motor vehicle including a tank for the purpose of conveying water) and any water pump comprising part of the water tanker, but only if—
(i)  the water tanker or pump is used to take or convey water for the purpose of dust suppression activities by a public authority, and
(ii)  the public authority is satisfied that taking the water will not have a significant adverse impact on basic landholder rights or land referred to in clause 37(2)(a)–(j).
39   Exemptions relating to both construction and use of water supply works
(1)  The following persons are exempt from section 91B(1) of the Act in relation to the construction or use of a water supply work if the work is constructed or used for any of the purposes, and in the circumstances, specified in relation to the work—
(a)  any person who is a landholder, in relation to the construction of an excluded work referred to in item 1, 2, 3, 4, 6, 7 or 9 in Schedule 1 that is situated on the land, or the use of the work for any of the purposes, and in the circumstances, specified in Schedule 1 in respect of the work,
(b)  any person who is a landholder, in relation to the construction or use of an excluded work referred to in item 5 or 8 in Schedule 1 that is situated on the land,
(c)  any person, in relation to the construction of an exempt monitoring bore, or the use of that bore, for measuring water levels, water pressure or water quality,
(d)  any person who is engaged in an aquifer interference activity in connection with the mining or extraction of any material, in relation to the construction or use of a water management work for the purpose of taking and using water from an aquifer in accordance with an aquifer interference approval with respect to that activity,
(e)  the Ministerial Corporation, in relation to the construction or use of a water supply work used for approved watering for basic human water needs (within the meaning of clause 14 of Schedule 4),
(f)  any person, in relation to the construction or use of a water supply work for the purposes only of complying with a direction given under the State Emergency Service Act 1989 or the State Emergency and Rescue Management Act 1989 in an emergency (within the meaning of the latter Act), but only if—
(i)  the person’s compliance with the direction is in accordance with the Act under which it is given, and
(ii)  the water supply work is removed within 3 months (or such longer period as is approved of in writing by the Minister) after it is constructed,
(g)  any person, in relation to the construction or use of a water supply work for the control or prevention of soil erosion that is included in a project approved under section 10 of the Soil Conservation Act 1938, for the purpose of giving effect to the project.
(2)  An exemption conferred by subclause (1)(c) is subject to a condition that any person claiming the exemption must furnish Water NSW with the following—
(a)  a report on the completion of the construction of the exempt monitoring bore not more than 60 days after the completion,
(b)  any report that the Minimum Construction Requirements for Water Bores in Australia states is to be prepared, not more than 60 days after the event or activity in respect of which the report is to be prepared.
(3)  An exemption conferred by subclause (1)(e) is subject to a condition that any person claiming the exemption must, if required to do so by an authorised officer, produce the approved watering program required by the exemption, immediately or within the period, and at the place, specified by the officer.
(4)  An exemption conferred by subclause (1)(e) ceases to apply at the same time as the exemption under clause 21(4) ceases to apply in respect of the taking of the water for approved watering for basic human water needs.
(5)  An exemption conferred by subclause (1)(f) 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 construction or use of the water supply work the subject of the exemption.
39AA   Exemption relating to use of water supply work for floodplain harvesting
(1)  A person is exempt from section 91B(1) of the Act in relation to the use of an eligible work for the purpose of floodplain harvesting.
(2)  In this clause—
eligible work means a water supply work (other than a work in respect of which an application for a water supply work approval has been refused)—
(a)  located on a floodplain, and
(b)  constructed—
(i)  on or before 3 July 2008, or
(ii)  after 3 July 2008 in accordance with an approval under this Act, or a licence or approval under Part 2 or Part 8, respectively, of the former 1912 Act, for which an application had been made before 3 July 2008 but which, on that date, was yet to be determined.
39A   Exemption relating to certain public authorities granted by Minister during drought
(1)  The Minister may, on application for an exemption under this clause, exempt a relevant public authority from section 91B(1) of the Act in relation to the construction or use (or both) of a water supply work.
(2)  An exemption under this clause is to be granted by notice in writing to the relevant public authority (an exemption notice).
(3)  The Minister may grant an exemption only if satisfied that—
(a)  conditions of drought exist, and
(b)  the grant of the exemption is in the public interest given those conditions.
(4)  An exemption is subject to the condition that the public authority must notify the Minister in writing of the following matters within the relevant period—
(a)  the plans of the public authority in relation to the water supply work, in particular, whether or not it proposes to continue to use the work after the exemption expires,
(b)  if the public authority intends to cease using the water supply work on or before the expiry of the exemption—the date on which it will cease to use the work and its plans for the work once that occurs (for example, whether the work is to be capped, decommissioned or removed),
(c)  if the public authority intends to continue using the water supply work after the exemption expires—whether it intends to—
(i)  apply for an extension of the period of the exemption, or
(ii)  rely on another exemption pursuant to the Act or the regulations from the requirement for an approval in relation to the work, or
(iii)  apply for a water supply work approval in relation to the work.
Note.
 A further notification is required under this condition if an exemption is extended—see subclause (10).
(5)  The Minister may grant an exemption subject to any further conditions that the Minister considers appropriate.
(6)  Without limiting subclause (5), the Minister may grant an exemption subject to conditions that relate to one or more of the following—
(a)  the location of the water supply work,
(b)  the water source from which water is proposed to be taken by the water supply work,
(c)  the construction standards with which the water supply work must comply,
(d)  the maximum size of the water supply work,
(e)  reporting requirements on completion of the construction of the water supply work.
(7)  The Minister may revoke an exemption, by notice in writing to the public authority, for any reason that the Minister considers appropriate.
(8)  An exemption remains in force (unless revoked earlier)—
(a)  for the period specified in the exemption notice (or, if extended, specified in the extension notice) for the purposes of this subclause, or
(b)  if no period is so specified—for 12 months following the date of the grant of the exemption.
(9)  The Minister may, on application for an extension of an exemption under this clause, extend the time for which an exemption remains in force by giving further notice in writing to the public authority (an extension notice).
(10)  Subclauses (3)–(7) apply to the grant of an extension of an exemption and an extended exemption in the same way as they apply to the grant of an exemption and an exemption.
(11)  In this clause—
relevant period means—
(a)  in relation to an exemption (as initially granted)—
(i)  the period specified in the exemption notice for the purposes of subclause (4), or
(ii)  if no period is so specified—the period of 3 months before the date on which the exemption is due to expire, and
(b)  in relation to an extended exemption—
(i)  the period specified in the extension notice for the purposes of subclause (4), or
(ii)  if no period is so specified—3 months before the date on which the exemption as extended is due to expire.
relevant public authority means a public authority who supplies water to the public.