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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 10 April 2020 at 07:02)
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(ii)  (the previously repealed) section 7(7) of the former 1912 Act,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).