{"id":"nsw:sl-2024-0408","name":"Hunter Water Regulation 2024","slug":"hunter-water-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"408 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174467,"registerId":"nsw-sl-2024-0408-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Hunter Water Regulation 2024](/view/html/inforce/current/sl-2024-0408).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 1 September 2024.\n> \n> Note—\n> \n> This regulation replaces the [Hunter Water Regulation 2015](/view/html/repealed/current/sl-2015-0499), which is repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> The dictionary in Schedule 2 defines words used in this regulation.\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Special areas","content":"# Part 2 Special areas\n\nPart 2 Special areas","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Application","content":"#### 4 Application\n\n4 Application\n\n> This part applies to the following special areas—\n> \n> > (a) Chichester Catchment Area,\n> \n> > (b) Grahamstown Catchment Area,\n> \n> > (c) Nelson Bay Catchment Area,\n> \n> > (d) North Stockton Catchment Area,\n> \n> > (e) Tomago Sandbeds Catchment Area,\n> \n> > (f) Williams River Catchment Area.\n> \n> Note—\n> \n> The Chichester, Grahamstown, Nelson Bay, Tomago Sandbeds and Williams River Catchment Areas are declared to be special areas under the Act, section 53(3). The North Stockton Catchment Area is declared to be a special area under the Act, section 53(1).","sortOrder":6},{"sectionNumber":"Division 2","sectionType":"division","heading":"Special areas—offences—the Act, ss 57 and 70(6)","content":"## Division 2 Special areas—offences—the Act, ss 57 and 70(6)\n\nDivision 2 Special areas—offences—the Act, ss 57 and 70(6)","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Persons must not engage in aquaculture or agriculture","content":"#### 5 Persons must not engage in aquaculture or agriculture\n\n5 Persons must not engage in aquaculture or agriculture\n\n> > (1) A person must not engage in the following in a special area—\n> > \n> > > (a) aquaculture,\n> > \n> > > (b) intensive livestock agriculture,\n> > \n> > > (c) intensive plant agriculture.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—70 penalty units, or\n> > \n> > > (b) otherwise—100 penalty units.\n> \n> > (2) This section does not apply to anything that is done in accordance with—\n> > \n> > > (a) an approval given by the Secretary, or\n> > \n> > > (b) a development consent or an approval under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Part 4 or Part 5, Division 5.2, respectively, or\n> > \n> > > (c) an environment protection licence.\n> \n> > (3) In this section—\n> > \n> > aquaculture, intensive livestock agriculture and intensive plant agriculture have the same meanings as in the standard instrument prescribed under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), section 3.20.","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Persons must not erect or operate on-site sewage management facilities","content":"#### 6 Persons must not erect or operate on-site sewage management facilities\n\n6 Persons must not erect or operate on-site sewage management facilities\n\n> > (1) An owner or occupier of land in a special area must not erect, install or operate an on-site sewage management facility on the land.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—70 penalty units, or\n> > \n> > > (b) otherwise—100 penalty units.\n> \n> > (2) This section does not apply to anything done in accordance with—\n> > \n> > > (a) a development consent or approval under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Part 4 or Part 5, Division 5.2, respectively, or\n> > \n> > > (b) an approval granted under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), or\n> > \n> > > (c) an environment protection licence.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Persons must not leave or dispose of animal carcasses near watercourses","content":"#### 7 Persons must not leave or dispose of animal carcasses near watercourses\n\n7 Persons must not leave or dispose of animal carcasses near watercourses\n\n> A person must not, within 100m of a stream, reservoir or watercourse in a special area—\n> \n> > (a) leave an animal carcass, or cause or permit an animal carcass to be left, or\n> \n> > (b) bury, or otherwise dispose of, an animal carcass, or cause or permit an animal carcass to be buried or otherwise disposed of.\n> \n> Maximum penalty—\n> \n> > (a) for an individual—100 penalty units, or\n> \n> > (b) otherwise—200 penalty units.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Persons must not pollute waters","content":"#### 8 Persons must not pollute waters\n\n8 Persons must not pollute waters\n\n> > (1) A person must not pollute waters in a special area except in accordance with an environment protection licence.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—100 penalty units, or\n> > \n> > > (b) otherwise—200 penalty units.\n> \n> > (2) The Secretary may give a direction for—\n> > \n> > > (a) the management or disposal of a substance in a special area the Secretary considers may pollute waters in the area, or\n> > \n> > > (b) the removal of a substance referred to in paragraph (a) from a special area or the relocation of the substance to another place in the area.\n> \n> > (3) A person must comply with a direction given to the person under subsection (2).\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—50 penalty units, or\n> > \n> > > (b) otherwise—100 penalty units.\n> \n> > (4) In this section—\n> > \n> > waters has the same meaning as in the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156).","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Persons must not bring or leave waste","content":"#### 9 Persons must not bring or leave waste\n\n9 Persons must not bring or leave waste\n\n> > (1) A person must not bring waste into, or leave waste on, Corporation land in a special area.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—100 penalty units, or\n> > \n> > > (b) otherwise—200 penalty units.\n> \n> > (2) In this section—\n> > \n> > waste has the same meaning as in the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156).","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Persons must not open, interfere with or obstruct gates or barriers","content":"#### 10 Persons must not open, interfere with or obstruct gates or barriers\n\n10 Persons must not open, interfere with or obstruct gates or barriers\n\n> > (1) A person must not open, pass, remove, interfere with, damage or obstruct a gate on or to, or a barrier on or to, Corporation land in a special area, except in accordance with an approval given by the Corporation.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—100 penalty units, or\n> > \n> > > (b) otherwise—200 penalty units.\n> \n> > (2) A member of staff of the Corporation does not commit an offence under this section in the exercise of the member of staff’s functions.\n> \n> > (3) In this section—\n> > \n> > barrier includes an obstruction that is positioned or created by or on behalf of the Corporation to restrict or obstruct access to a road, track, trail, path or similar thing.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Persons must ensure stock do not enter","content":"#### 11 Persons must ensure stock do not enter\n\n11 Persons must ensure stock do not enter\n\n> > (1) The owner or person in charge of stock must ensure the stock do not enter Corporation land in a special area, except in accordance with an approval given by the Corporation.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—100 penalty units, or\n> > \n> > > (b) otherwise—200 penalty units.\n> \n> > (2) In this section—\n> > \n> > stock has the same meaning as in the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051).","sortOrder":14},{"sectionNumber":"Division 3","sectionType":"division","heading":"Specified special areas—offences—the Act, ss 57 and 70(6)","content":"## Division 3 Specified special areas—offences—the Act, ss 57 and 70(6)\n\nDivision 3 Specified special areas—offences—the Act, ss 57 and 70(6)","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Prohibition on entry to Balickera Canal and Chichester and Grahamstown Storage Reservoirs","content":"#### 12 Prohibition on entry to Balickera Canal and Chichester and Grahamstown Storage Reservoirs\n\n12 Prohibition on entry to Balickera Canal and Chichester and Grahamstown Storage Reservoirs\n\n> > (1) This section applies to the following—\n> > \n> > > (a) Balickera Canal,\n> > \n> > > (b) Chichester Storage Reservoir,\n> > \n> > > (c) Grahamstown Storage Reservoir.\n> \n> > (2) A person must not, except in accordance with an approval given by the Secretary—\n> > \n> > > (a) enter, bathe, wash or swim, or allow another person to enter, bathe, wash or swim, in an area to which this section applies, or\n> > \n> > > (b) fish or use a boat or other vessel, or allow another person to fish or use a boat or other vessel, in an area to which this section applies, or\n> > \n> > > (c) cause an animal or plant, or animal or plant matter, to enter or remain in an area to which this section applies.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—100 penalty units, or\n> > \n> > > (b) otherwise—200 penalty units.\n> \n> > (3) A person must not enter or be on Corporation land to which this section applies except in accordance with an approval given by the Corporation.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—50 penalty units, or\n> > \n> > > (b) otherwise—100 penalty units.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Persons must not engage in extractive industries in Nelson Bay, North Stockton or Tomago Sandbeds Catchment Areas","content":"#### 13 Persons must not engage in extractive industries in Nelson Bay, North Stockton or Tomago Sandbeds Catchment Areas\n\n13 Persons must not engage in extractive industries in Nelson Bay, North Stockton or Tomago Sandbeds Catchment Areas\n\n> > (1) A person must not engage in an extractive industry in the following areas except in accordance with an approval given by the Secretary—\n> > \n> > > (a) Nelson Bay Catchment Area,\n> > \n> > > (b) North Stockton Catchment Area,\n> > \n> > > (c) Tomago Sandbeds Catchment Area.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—100 penalty units, or\n> > \n> > > (b) otherwise—200 penalty units.\n> \n> > (2) In this section—\n> > \n> > extractive industry includes mining and other disturbance of geologic material for the extraction of minerals or other geological constituents.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Persons must not use vessels in Williams River","content":"#### 14 Persons must not use vessels in Williams River\n\n14 Persons must not use vessels in Williams River\n\n> > (1) A person must not use, or allow another person to use, a boat or other vessel in a specified part of the Williams River unless the boat or vessel is used, or to be used, in accordance with an approval given by the Secretary.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—100 penalty units, or\n> > \n> > > (b) otherwise—200 penalty units.\n> \n> > (2) In this section—\n> > \n> > specified part of the Williams River means a part of the Williams River in the Williams River Catchment Area that is—\n> > \n> > > (a) within 2.5km upstream of the Seaham Weir, or\n> > \n> > > (b) within 0.5km downstream of the Seaham Weir.","sortOrder":18},{"sectionNumber":"Division 4","sectionType":"division","heading":"Miscellaneous","content":"## Division 4 Miscellaneous\n\nDivision 4 Miscellaneous","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Secretary may delegate approval and direction functions to Corporation","content":"#### 15 Secretary may delegate approval and direction functions to Corporation\n\n15 Secretary may delegate approval and direction functions to Corporation\n\n> For the Act, section 57(1A)(b), the Secretary may delegate the Secretary’s functions in relation to regulations made under the Act, section 57(1)(c) or (d) to the following—\n> \n> > (a) the Corporation,\n> \n> > (b) a director, officer or member of staff of the Corporation.","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Approvals given by Secretary and Corporation","content":"#### 16 Approvals given by Secretary and Corporation\n\n16 Approvals given by Secretary and Corporation\n\n> > (1) For the Act, section 57(1)(c), an approval given by the Secretary or Corporation for this part—\n> > \n> > > (a) must be in writing, and\n> > \n> > > (b) may be given with or without conditions, and\n> > \n> > > (c) may be varied or revoked by the Secretary or Corporation by written notice served on the holder of the approval at any time and for any reason.\n> \n> > (2) In exercising a function in relation to the giving, variation or revocation of an approval in connection with a special area, the Secretary or Corporation must have primary regard to the need to prevent water in the special area from becoming polluted or contaminated.","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Notices of functions of public agencies in special areas","content":"#### 17 Notices of functions of public agencies in special areas\n\n17 Notices of functions of public agencies in special areas\n\n> For the Act, section 55(1), the notice to be given to the Secretary must—\n> \n> > (a) contain the following—\n> > \n> > > (i) a full description of the function intended to be exercised,\n> > \n> > > (ii) a full description of the proposed activity associated with the exercise of the function,\n> > \n> > > (iii) a statement of the objectives of the proposed activity, and\n> \n> > (b) be in written or electronic form, and\n> \n> > (c) be given electronically to the Department.","sortOrder":22},{"sectionNumber":"Part 3","sectionType":"part","heading":"Authorisation for connections, alterations or use of works—the Act, s 30A(2)","content":"# Part 3 Authorisation for connections, alterations or use of works—the Act, s 30A(2)\n\nPart 3 Authorisation for connections, alterations or use of works—the Act, s 30A(2)","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Granting authorisations","content":"#### 18 Granting authorisations\n\n18 Granting authorisations\n\n> > (1) The Corporation may—\n> > \n> > > (a) grant, on application, an authorisation to a person, or\n> > \n> > > (b) grant an authorisation to a class of persons.\n> \n> > (2) The Corporation must grant the authorisation with the conditions prescribed under sections 21–24.\n> \n> > (3) The Corporation may grant the authorisation with other conditions the Corporation considers necessary.\n> \n> > (4) The Corporation must publish on its website all authorisations granted to a class of persons.","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Applications for authorisation","content":"#### 19 Applications for authorisation\n\n19 Applications for authorisation\n\n> > (1) An application for an authorisation must be—\n> > \n> > > (a) made in a form approved by the Corporation, and\n> > \n> > > (b) lodged using an online system provided on the Corporation’s website.\n> \n> > (2) An applicant must pay the fee determined by the Corporation for the authorisation.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Refusal of applications","content":"#### 20 Refusal of applications\n\n20 Refusal of applications\n\n> The Corporation may refuse to grant an authorisation to a person if—\n> \n> > (a) in the Corporation’s opinion, the person has previously carried out work in contravention of the Act, this regulation or a direction under the Act or this regulation, or\n> \n> > (b) the application for the authorisation is incomplete.","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Conditions—suspending and cancelling authorisations","content":"#### 21 Conditions—suspending and cancelling authorisations\n\n21 Conditions—suspending and cancelling authorisations\n\n> > (1) The Corporation may, by written notice served on the holder of the authorisation, suspend or cancel an authorisation if—\n> > \n> > > (a) the authorisation was granted on the basis of false or misleading information, or\n> > \n> > > (b) the holder of the authorisation has contravened a condition of the authorisation, or\n> > \n> > > (c) the holder of the authorisation has contravened the Act, this regulation or a direction under the Act or this regulation.\n> \n> > (2) The notice must set out the reason for the suspension or cancellation.","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":"Conditions—request for suspension or cancellation of authorisation by holder or owner of authorisation","content":"#### 22 Conditions—request for suspension or cancellation of authorisation by holder or owner of authorisation\n\n22 Conditions—request for suspension or cancellation of authorisation by holder or owner of authorisation\n\n> The Corporation may suspend or cancel the authorisation at the request of—\n> \n> > (a) the holder of the authorisation, or\n> \n> > (b) the owner, or duly authorised agent of the owner, of the premises on which the work is to be, or is being, done under the authorisation.","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Conditions—use of approved fittings for works","content":"#### 23 Conditions—use of approved fittings for works\n\n23 Conditions—use of approved fittings for works\n\n> The Corporation may require a fitting for work to which the authorisation applies to be a kind of fitting that—\n> \n> > (a) is manufactured under a system of quality assurance approved by the Corporation, and\n> \n> > (b) complies with the requirements of AS 5200.000.","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Conditions—persons must notify Corporation of works","content":"#### 24 Conditions—persons must notify Corporation of works\n\n24 Conditions—persons must notify Corporation of works\n\n> The holder of the authorisation must notify the Corporation at least 2 working days before commencing the work to which the authorisation applies.","sortOrder":30},{"sectionNumber":"Part 4","sectionType":"part","heading":"Work for water supply, sewerage or drainage—the Act, s 69","content":"# Part 4 Work for water supply, sewerage or drainage—the Act, s 69\n\nPart 4 Work for water supply, sewerage or drainage—the Act, s 69\n\nNote—\n\nIf a standard or requirement for plumbing or drainage work under this regulation is inconsistent with a requirement imposed by the [Plumbing and Drainage Act 2011](/view/html/inforce/current/act-2011-059) or the regulations under that Act for the same work, the [Plumbing and Drainage Act 2011](/view/html/inforce/current/act-2011-059) and the regulations under that Act prevail to the extent of the inconsistency. See the Act, section 69(4).","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Plumbing and drainage work must comply with Plumbing Code of Australia","content":"#### 25 Plumbing and drainage work must comply with Plumbing Code of Australia\n\n25 Plumbing and drainage work must comply with Plumbing Code of Australia\n\n> A person must not do plumbing or drainage work except in accordance with the Plumbing Code of Australia.\n> \n> Maximum penalty—\n> \n> > (a) for an individual—100 penalty units, or\n> \n> > (b) otherwise—200 penalty units.","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":"Persons must use approved fittings for plumbing and drainage work","content":"#### 26 Persons must use approved fittings for plumbing and drainage work\n\n26 Persons must use approved fittings for plumbing and drainage work\n\n> A person must not use a fitting for plumbing or drainage work unless the fitting—\n> \n> > (a) is a kind of fitting that is manufactured under a system of quality assurance approved by the Corporation, and\n> \n> > (b) complies with the requirements of the AS 5200.000.\n> \n> Maximum penalty—\n> \n> > (a) for an individual—100 penalty units, or\n> \n> > (b) otherwise—200 penalty units.","sortOrder":33},{"sectionNumber":"27","sectionType":"section","heading":"Persons must give Corporation certificate of compliance after completing plumbing and drainage work","content":"#### 27 Persons must give Corporation certificate of compliance after completing plumbing and drainage work\n\n27 Persons must give Corporation certificate of compliance after completing plumbing and drainage work\n\n> A person who carries out plumbing or drainage work must, if requested in writing by the Corporation—\n> \n> > (a) give the Corporation a copy of a certificate of compliance for plumbing and drainage work completed by the person, and\n> \n> > (b) give the copy in the form approved, and within the time requested, by the Corporation.\n> \n> Maximum penalty—\n> \n> > (a) for an individual—100 penalty units, or\n> \n> > (b) otherwise—200 penalty units.","sortOrder":34},{"sectionNumber":"28","sectionType":"section","heading":"Persons must comply with directions for non-standard plumbing and drainage work","content":"#### 28 Persons must comply with directions for non-standard plumbing and drainage work\n\n28 Persons must comply with directions for non-standard plumbing and drainage work\n\n> > (1) The Corporation may, by written notice served on a person who is carrying out, or has carried out, plumbing or drainage work, direct the person to—\n> > \n> > > (a) repair, as specified by the Corporation, work that is not done to a standard expected of a tradesperson, or\n> > \n> > > (b) bring into accordance with the Plumbing Code of Australia work not done in accordance with the Code,\n> > \n> > > (c) repair or replace, as specified by the Corporation, a defective fitting used in work done, or\n> > \n> > > (d) bring into compliance with the Corporation’s approval under section 26 a fitting not compliant with the approval.\n> \n> > (2) A direction has no effect if it is issued more than 6 years after the work to which it relates has been completed.\n> \n> > (3) A person to whom a direction is served under this section must not fail to comply with the direction.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—100 penalty units, or\n> > \n> > > (b) otherwise—200 penalty units.\n> \n> > (4) If a direction is served on a person before a certificate of compliance is given for the work, the person must not continue with the work until the person has complied with the direction.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—100 penalty units, or\n> > \n> > > (b) otherwise—200 penalty units.","sortOrder":35},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Authorised officers for issuing penalty notices","content":"#### 29 Authorised officers for issuing penalty notices\n\n29 Authorised officers for issuing penalty notices\n\n> For the Act, section 31A(6), the following classes of persons are prescribed as authorised officers—\n> \n> > (a) police officers,\n> \n> > (b) members of staff of the Corporation if the Corporation has duly authorised the members to exercise the functions of an authorised officer,\n> \n> > (c) persons who are authorised to serve or issue a penalty notice under the following provisions—\n> > \n> > > (i) the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), section 192,\n> > \n> > > (ii) the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156), section 224,\n> > \n> > > (iii) the [Water Management Act 2000](/view/html/inforce/current/act-2000-092), section 365,\n> \n> > (d) persons who are appointed as fisheries officers under the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038), section 243,\n> \n> > (e) persons who are appointed as authorised officers for marine legislation under the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121), section 96,\n> \n> > (f) members of staff of the following councils who are authorised to serve a penalty notice under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), section 679—\n> > \n> > > (i) Dungog Shire Council,\n> > \n> > > (ii) Port Stephens Council.","sortOrder":37},{"sectionNumber":"30","sectionType":"section","heading":"Minister may regulate water use for drought, accident or public interest","content":"#### 30 Minister may regulate water use for drought, accident or public interest\n\n30 Minister may regulate water use for drought, accident or public interest\n\n> > (1) For the Act, section 70(5)(b1), the Minister may, by order published on the NSW legislation website, regulate or restrict one or more of the following—\n> > \n> > > (a) the purpose for which water is used,\n> > \n> > > (b) the time when water is used,\n> > \n> > > (c) the quantity of water used,\n> > \n> > > (d) the means or method by which water is used.\n> \n> > (2) The order—\n> > \n> > > (a) may apply to the whole, or part, of the area of operations of the Corporation as is specified in the order, and\n> > \n> > > (b) takes effect on the date specified in the order that is on or after the date on which the order is published, and\n> > \n> > > (c) has effect despite the provisions of a contract relating to the supply of water by the Corporation.\n> \n> > (3) Notice of the order must be given in a way that the Minister is satisfied is—\n> > \n> > > (a) reasonably practical, and\n> > \n> > > (b) most likely to bring the order to the attention of members of the public in the area of operations of the Corporation to which the order applies.\n> \n> > (4) A person must not use water contrary to an order under this section.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—50 penalty units, or\n> > \n> > > (b) otherwise—100 penalty units.\n> \n> > (5) The Corporation may limit or stop the supply of water to land if the owner, occupier or person requiring a supply of water to the land contravenes an order under this section.","sortOrder":38},{"sectionNumber":"31","sectionType":"section","heading":"Penalty notices","content":"#### 31 Penalty notices\n\n31 Penalty notices\n\n> > (1) For the Act, section 31A(2)—\n> > \n> > > (a) each offence created by a provision specified in Schedule 1 is an offence for which a penalty notice may be issued, and\n> > \n> > > (b) the amount payable for the penalty notice is the amount specified opposite the provision.\n> \n> > (2) If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—\n> > \n> > > (a) the limited kind of offence, or\n> > \n> > > (b) an offence committed in the limited circumstances.","sortOrder":39},{"sectionNumber":"32","sectionType":"section","heading":"Savings","content":"#### 32 Savings\n\n32 Savings\n\n> An act, matter or thing that, immediately before the repeal of the Hunter Water Regulation 2015, had effect under that regulation continues to have effect under this regulation.","sortOrder":40},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 1 Penalty notice offences\n\nSchedule 1 Penalty notice offences\n\nsection 31\n\n| Column 1 | Column 2 | Column 3 |\n| Provision | Penalty for corporation | Penalty for individual |\n| Offences under the Act |\n| Section 30(1) | $1,500 | $750 |\n| Section 30A(1) | $1,500 | $750 |\n| Section 31(1) | $1,500 | $750 |\n| Section 69(1) | $1,500 | $750 |\n| Offences under this regulation |\n| Section 5(1) | $900 | $650 |\n| Section 6(1) | $900 | $650 |\n| Section 7 | $1,500 | $750 |\n| Section 8(1) | $1,500 | $750 |\n| Section 8(3) | $900 | $450 |\n| Section 9(1) | $1,500 | $750 |\n| Section 10(1) | $1,500 | $750 |\n| Section 11(1) | $1,500 | $750 |\n| Section 12(2) | $1,500 | $750 |\n| Section 12(3) | $900 | $450 |\n| Section 13(1) | $1,500 | $750 |\n| Section 14(1) | $1,500 | $750 |\n| Section 25 | $1,500 | $750 |\n| Section 26 | $1,500 | $750 |\n| Section 27 | $1,500 | $750 |\n| Section 28(3) | $1,500 | $750 |\n| Section 28(4) | $1,500 | $750 |\n| Section 30(4) | $900 | $450 |","sortOrder":41},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Dictionary","content":"# Schedule 2 Dictionary\n\nSchedule 2 Dictionary\n\nsection 3\n\nAS 5200.000 means Australian Standard AS 5200.000—2006Technical specification for plumbing and drainage products, Part 000: Procedures for certification of plumbing and drainage products, published by Standards Australia.\n\nBalickera Canal means the area of Corporation land, and the associated infrastructure, in the Grahamstown Catchment Area, from the point of intake from the Williams River to the Balickera Pump Station.\n\ncertificate of compliance means a certificate certifying that plumbing or drainage work has been completed in accordance with the Plumbing Code of Australia.\n\nChichester Catchment Area means the area described in the proclamation under the Hunter District Water Supply and Sewerage Act 1892 published in Government Gazette No 153 of 5 December 1924 at page 5461.\n\nNote—\n\nA PDF map is accessible from the current version of this regulation on the In force section of the NSW legislation website illustrates the extent of the catchment area.\n\nChichester Storage Reservoir means the part of the Corporation land referred to as Chichester Dam in the Chichester Catchment Area, and includes land within 100m of the full supply level of Chichester Dam.\n\nCorporation land means land owned by or vested in the Corporation.\n\nDepartment means the department in which the Act is administered.\n\ndevelopment consent means a development consent in force under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n\nenvironment protection licence has the same meaning as in the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156).\n\nfitting includes a pipe, apparatus or fixture used for plumbing or drainage work.\n\nGrahamstown Catchment Area means the area described in the proclamation under the [Hunter District Water, Sewerage and Drainage Act 1938](/view/pdf/asmade/act-1938-11) published in Government Gazette No 98 of 11 October 1963 at pages 2984 and 2985.\n\nNote—\n\nA PDF map is accessible from the current version of this regulation on the In force section of the NSW legislation website illustrates the extent of the catchment area.\n\nGrahamstown Storage Reservoir means the part of the Corporation land referred to as Grahamstown Dam in the Grahamstown Catchment Area and the Tomago Sandbeds Catchment Area, and includes land within 100m of the full supply level of Grahamstown Dam.\n\nNelson Bay Catchment Area means the area described in the following—\n\n> (a) the proclamation under the [Hunter District Water, Sewerage and Drainage Act 1938](/view/pdf/asmade/act-1938-11) published in Government Gazette No 2 of 7 January 1949 at pages 10 and 11,\n\n> (b) the proclamation under the [Hunter District Water, Sewerage and Drainage Act 1938](/view/pdf/asmade/act-1938-11) published in Government Gazette No 106 of 1 November 1963 at pages 3189 and 3190,\n\n> (c) the proclamation under the [Water Supply Authorities Act 1987](/view/pdf/asmade/act-1987-140) published in Government Gazette No 159 of 21 October 1988 at page 5485.\n\nNote—\n\nA PDF map is accessible from the current version of this regulation on the In force section of the NSW legislation website illustrates the extent of the catchment area.\n\nNorth Stockton Catchment Area means the area of land described in, and declared to be a special area by, the [Hunter Water (North Stockton Catchment Area) Order 1999](/view/pdf/asmade/sl-1999-637) made under the Act, section 53(1).\n\nNote—\n\nA PDF map is accessible from the current version of this regulation on the In force section of the NSW legislation website illustrates the extent of the catchment area.\n\npollute, in relation to waters—\n\n> (a) has the same meaning as water pollution has in the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156), and\n\n> (b) includes disturbing geological or other matter, whether natural or artificial, in a way that changes or is likely to change, the physical, chemical or biological condition of the waters.\n\nPlumbing Code of Australia means the document entitled the Plumbing Code of Australia, published by the Australian Building Codes Board, as in force from time to time.\n\nplumbing or drainage work means the kind of work to which the Act, section 69(1) applies.\n\nrepair includes make good, replace, reconstruct, remove, alter, clean or clear.\n\nSecretary means the Secretary of the Department.\n\nthe Act means the [Hunter Water Act 1991](/view/html/inforce/current/act-1991-053).\n\nTomago Sandbeds Catchment Area means the area described in proclamations under the [Hunter District Water, Sewerage and Drainage Act 1938](/view/pdf/asmade/act-1938-11) published as follows—\n\n> (a) in Government Gazette No 89 of 11 July 1941 at pages 2482 and 2483,\n\n> (b) in Government Gazette No 100 of 28 September 1945 at page 1703,\n\n> (c) in Government Gazette No 31 of 21 March 1958 at page 734,\n\n> (d) in Government Gazette No 91 of 25 August 1961 at page 2559.\n\nNote—\n\nA PDF map is accessible from the current version of this regulation on the In force section of the NSW legislation website illustrates the extent of the catchment area.\n\nvessel has the same meaning as in the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121).\n\nWilliams River Catchment Area means the area described in the proclamation under the [Hunter District Water, Sewerage and Drainage Act 1938](/view/pdf/asmade/act-1938-11) published in Government Gazette No 112 of 8 November 1963 at pages 3324 and 3325.\n\nNote—\n\nA PDF map is accessible from the current version of this regulation on the In force section of the NSW legislation website illustrates the extent of the catchment area.","sortOrder":42}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains its original scope as a regulation under the Hunter Water Act 1991. It continues to serve two primary purposes: (1) protecting declared special area catchments from pollution and contamination, and (2) regulating plumbing and drainage work standards. The 2024 version is a direct replacement of the 2015 regulation with updated references and streamlined provisions, but does not expand beyond these core functions. The structure and substantive coverage remain consistent with the original regulatory intent."},"complexity_factors":["Moderate cross-referencing to external legislation (Environmental Planning and Assessment Act 1979, Protection of the Environment Operations Act 1997, Plumbing and Drainage Act 2011, Local Government Act 1993, and others)","17 defined terms in Schedule 2 Dictionary, several incorporating definitions from other Acts by reference","Geographic boundaries defined by historical Government Gazette proclamations dating back to 1924, requiring external maps for precise identification","Dual approval system requiring distinction between Secretary (government) and Corporation (Hunter Water) approvals for different activities","Nested exceptions in offence provisions (sections 5, 6, 8, 12, 13, 14) allowing activities with various permits or licences","Penalty structure distinguishing between individual and corporate offenders, with separate penalty notice amounts in Schedule 1"],"plain_english_summary":"This regulation sets the rules for protecting water catchment areas and managing plumbing work in the Hunter Water Corporation's region (around Newcastle and the Hunter Valley in NSW).\n\n**What it does:**\n\n**Protects drinking water catchments ('special areas')**\n- Six specific catchment areas are covered: Chichester, Grahamstown, Nelson Bay, North Stockton, Tomago Sandbeds, and Williams River.\n- **Bans risky activities** in these areas to keep water clean:\n  - Intensive farming (aquaculture, livestock, plant agriculture)\n  - Septic tanks and on-site sewage systems\n  - Leaving or burying dead animals near water\n  - Polluting waterways\n  - Dumping waste on Corporation land\n  - Damaging gates or barriers\n  - Letting livestock wander onto Corporation land\n- **Extra restrictions** apply to specific locations:\n  - No swimming, fishing, or boating in Balickera Canal, Chichester Dam, or Grahamstown Dam without approval\n  - No mining or quarrying in Nelson Bay, North Stockton, or Tomago Sandbeds catchments without approval\n  - No boats in certain parts of the Williams River near Seaham Weir without approval\n\n**Regulates plumbing and drainage work**\n- All plumbing work must follow the **Plumbing Code of Australia** (the national standard).\n- Must use approved quality fittings that meet Australian Standard AS 5200.000.\n- Plumbers must provide certificates of compliance when requested.\n- The Corporation can issue directions to fix faulty work, and plumbers must stop work until they comply.\n\n**Authorisation system for water connections**\n- People must get written approval from Hunter Water Corporation before connecting to or altering water, sewerage, or drainage infrastructure.\n- Applications must be submitted online.\n- Authorisations can be suspended or cancelled for false information or rule-breaking.\n\n**Emergency water restrictions**\n- The Minister can impose water use restrictions during droughts, accidents, or for public interest reasons (controlling when, how, and how much water is used).\n\n**Enforcement**\n- Various officers (police, Corporation staff, National Parks rangers, fisheries officers, and certain council staff) can issue on-the-spot fines (penalty notices) for offences.\n- Fines range from $450 to $1,500 for individuals, and $900 to $1,500 for corporations, depending on the offence.\n\n**Who it affects:**\n- Landowners and residents in the six catchment areas\n- Farmers and businesses operating near water supplies\n- Plumbers and drainage contractors working in the Hunter Water region\n- Anyone using Corporation land or water infrastructure\n\n**Why it matters:**\nThis regulation protects the drinking water supply for hundreds of thousands of people in the Hunter region. It prevents contamination from agriculture, sewage, waste, and industrial activity, and ensures plumbing work meets safety standards to protect public health."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, this regulation appears to be a straightforward remake or continuation of prior Hunter Water regulations, consistent with its staged repeal schedule and the standard NSW subordinate legislation renewal cycle. There is no indication from the metadata that the scope has expanded or contracted from its original intent as a supporting instrument for the Hunter Water Act."},"complexity_factors":["Only administrative/status metadata was provided — the substantive content of the regulation was not included, preventing full analysis","Regulations supporting utility corporations (like water authorities) can involve technical standards and multi-party obligations, which adds moderate complexity","Interaction with the parent Hunter Water Act means the regulation cannot be read in isolation — users must cross-reference the enabling legislation","Automatic staged repeal mechanism under the Subordinate Legislation Act 1989 adds a time-limited compliance dimension","Complexity is rated low-to-moderate based on available information; actual score may be higher if substantive provisions contain technical or financial detail"],"plain_english_summary":"The Hunter Water Regulation 2024 is an NSW regulation under the Hunter Water Act that sets the practical day‑to‑day rules for Hunter Water Corporation’s supply of water and sewerage across the Hunter Region (eg. Newcastle, Maitland, Central Coast). It affects customers, property owners, developers and tradespeople who connect to or use the network, governing fees, customer rights/obligations and operational procedures. It commenced 23 August 2024 and expires automatically on 1 September 2029."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation expressly replaces the 2015 regulation (commencement 1 Sept 2024) and contains a savings clause preserving prior acts (s32). The text does not itself state that the regulated scope of activities has been expanded or narrowed compared with the prior regulation, so no change of scope is demonstrable from this instrument alone."},"complexity_factors":["Extensive cross-references to multiple other Acts and instruments (Hunter Water Act 1991, Environmental Planning and Assessment Act 1979, Protection of the Environment Operations Act 1997, Plumbing and Drainage Act 2011, Marine Safety Act 1998, Local Government Act 1993, etc.), increasing interpretive complexity.","Multiple geographically defined 'special areas' and named sites (catchment areas, reservoirs, Balickera Canal) whose boundaries are given by proclamations and PDF maps, requiring spatial verification.","A detailed schedule of offences with differing penalties and penalty‑notice amounts for individuals and corporations (Schedule 1), producing varied enforcement outcomes.","Significant administrative discretion: Secretary may delegate functions to the Corporation or staff (s15), and approvals may be given, conditioned, varied or revoked at any time for any reason (s16).","Operational compliance rules for works: mandatory authorisation process (online form, fee), notification timing (2 working days), quality‑assurance requirements for fittings (AS 5200.000) and certificate of compliance obligations (ss18–27).","Enforcement mechanisms include directions to manage pollution, suspension/cancellation of authorisations, authorised officers for penalty notices, and power to limit or stop water supply for breach of ministerial orders (ss8,21,29,30).","Temporal limits and savings: directions for defective plumbing are time‑limited (6 years) (s28(2)), and a savings clause preserves acts under the repealed regulation (s32), requiring transitional assessment.","Interaction with private contracts: ministerial water‑use orders can operate despite contract provisions (s30(2)(c)), raising questions about contractual certainty and compensation mechanisms."],"plain_english_summary":"This regulation replaces the Hunter Water Regulation 2015 and sets rules for named special catchment areas in the Hunter region. It bans or restricts specified activities (certain aquaculture, intensive agriculture, on-site sewage systems, waste disposal, entry to reservoirs, vessels, extractive industries) and requires written approvals, plumbing standards and certificates; penalties and penalty‑notice amounts apply. The Secretary and Hunter Water Corporation may grant, vary or revoke approvals and give directions; applicants pay fees and must notify the Corporation before works begin."}},"importantCases":[],"_links":{"self":"/api/acts/hunter-water-regulation-2024","history":"/api/acts/hunter-water-regulation-2024/history","analysis":"/api/acts/hunter-water-regulation-2024/analysis","conflicts":"/api/acts/hunter-water-regulation-2024/conflicts","importantCases":"/api/acts/hunter-water-regulation-2024/important-cases","documents":"/api/acts/hunter-water-regulation-2024/documents"}}