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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 07:19)
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.