{"id":"nsw:sl-2023-0473","name":"Natural Resources Access Regulator Regulation 2023","slug":"natural-resources-access-regulator-regulation-2023","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"473 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175980,"registerId":"nsw-nsw:sl-2023-0473-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Natural Resources Access Regulator Regulation 2023](/view/html/inforce/current/sl-2023-0473).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Natural Resources Access Regulator Regulation 2018](/view/html/repealed/current/sl-2018-0174), which would otherwise be repealed on 1 September 2023 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [Natural Resources Access Regulator Act 2017](/view/html/inforce/current/act-2017-064).\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":2},{"sectionNumber":"4","sectionType":"section","heading":"Construction of certain references in Water Management Act 2000—the Act, s 11","content":"#### 4 Construction of certain references in Water Management Act 2000—the Act, s 11\n\n4 Construction of certain references in [Water Management Act 2000](/view/html/inforce/current/act-2000-092)—the Act, s 11\n\n> For the Act, section 11(5)(a), a reference to the Minister in the [Water Management Act 2000](/view/html/inforce/current/act-2000-092), section 353E or 362C must be construed as including a reference to the Regulator.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Register—additional information—the Act, s 12A","content":"#### 5 Register—additional information—the Act, s 12A\n\n5 Register—additional information—the Act, s 12A\n\n> For the Act, section 12A(2)(e), the following information is prescribed—\n> \n> > (a) the identity of a person who has been convicted of an offence under the [Water Management Act 2000](/view/html/inforce/current/act-2000-092) and particulars of—\n> > \n> > > (i) the penalty imposed by the court, and\n> > \n> > > (ii) consequential orders made by the court under that Act, Chapter 7, Part 3A,\n> \n> > (b) the identity of a person who has contravened a civil penalty provision under the [Water Management Act 2000](/view/html/inforce/current/act-2000-092) and particulars of consequential orders made under the [Water Management Act 2000](/view/html/inforce/current/act-2000-092), section 370R,\n> \n> > (c) particulars of a compliance audit undertaken under the [Water Management Act 2000](/view/html/inforce/current/act-2000-092), section 326A,\n> \n> > (d) particulars of an injunction granted under the [Water Management Act 2000](/view/html/inforce/current/act-2000-092), section 335,\n> \n> > (e) particulars of an order made to remedy or restrain a breach under the [Water Management Act 2000](/view/html/inforce/current/act-2000-092), section 336,\n> \n> > (f) particulars of a measure authorised to be taken under the [Water Management Act 2000](/view/html/inforce/current/act-2000-092), section 336A,\n> \n> > (g) the identity of a person who has given a written undertaking under the [Water Management Act 2000](/view/html/inforce/current/act-2000-092), section 336E,\n> \n> > (h) particulars of a written undertaking accepted under the [Water Management Act 2000](/view/html/inforce/current/act-2000-092), section 336E, including the reasons for the decision to accept the undertaking under that Act, section 336F,\n> \n> > (i) particulars of a fee, charge or administrative penalty recovered under the [Water Management Act 2000](/view/html/inforce/current/act-2000-092), section 362C.\n> \n> **s 5:** Am 2025 No 70, Sch 2\\[1\\] \\[2\\].","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Prescribed relevant agencies","content":"#### 6 Prescribed relevant agencies\n\n6 Prescribed relevant agencies\n\n> For the Act, section 16(1), definition of relevant agency, paragraph (d), the entities described in Schedule 1 are prescribed.\n> \n> **s 6:** Subst 2025 (504), Sch 1\\[1\\].","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Repeal and savings","content":"#### 7 Repeal and savings\n\n7 Repeal and savings\n\n> > (1) The [Natural Resources Access Regulator Regulation 2018](/view/html/repealed/current/sl-2018-0174) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Natural Resources Access Regulator Regulation 2018](/view/html/repealed/current/sl-2018-0174), had effect under that regulation continues to have effect under this regulation.","sortOrder":6},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Prescribed relevant agencies","content":"# Schedule 1 Prescribed relevant agencies\n\nSchedule 1 Prescribed relevant agencies\n\nsection 6\n\n**sch 1:** Ins 2025 (504), Sch 1\\[2\\].","sortOrder":7},{"sectionNumber":"sch.1-sec","sectionType":"section","heading":"Australian Capital Territory","content":"#### sch.1-sec Australian Capital Territory\n\nAustralian Capital Territory\n\n> > Department in which the Environment Protection Act 1997 of the Australian Capital Territory is administered\n> \n> > Department in which the Water Resources Act 2007 of the Australian Capital Territory is administered","sortOrder":8},{"sectionNumber":"sch.1-sec-oc.2","sectionType":"section","heading":"Commonwealth","content":"#### sch.1-sec-oc.2 Commonwealth\n\nCommonwealth\n\n> > Australian Border Force\n> \n> > Australian Competition and Consumer Commission\n> \n> > Australian Federal Police\n> \n> > Australian Securities and Investments Commission\n> \n> > Australian Taxation Office\n> \n> > Commonwealth Inspector-General of Water Compliance\n> \n> > Department in which the [Biosecurity Act 2015](http://www.legislation.gov.au/) of the Commonwealth is administered\n> \n> > Department in which the [Migration Act 1958](http://www.legislation.gov.au/) of the Commonwealth is administered\n> \n> > Department in which the [Water Act 2007](http://www.legislation.gov.au/) of the Commonwealth is administered\n> \n> > Murray-Darling Basin Authority","sortOrder":9},{"sectionNumber":"sch.1-sec-oc.3","sectionType":"section","heading":"New South Wales","content":"#### sch.1-sec-oc.3 New South Wales\n\nNew South Wales\n\n> > Dams Safety NSW\n> \n> > Department in which the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063) is administered\n> \n> > Department in which the [Biosecurity Act 2015](/view/html/inforce/current/act-2015-024) is administered\n> \n> > Department in which the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) is administered\n> \n> > Department in which the [Education Act 1990](/view/html/inforce/current/act-1990-008) is administered\n> \n> > Department in which the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) is administered\n> \n> > Department in which the [Fair Trading Act 1987](/view/html/inforce/current/act-1987-068) is administered\n> \n> > Department in which the [Farm Water Supplies Act 1946](/view/html/inforce/current/act-1946-022) is administered\n> \n> > Department in which the [Fines Act 1996](/view/html/inforce/current/act-1996-099) is administered\n> \n> > Department in which the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038) is administered\n> \n> > Department in which the [Forestry Act 2012](/view/html/inforce/current/act-2012-096) is administered\n> \n> > Department in which the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) is administered\n> \n> > Department in which the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051) is administered\n> \n> > Department in which the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072) is administered\n> \n> > Department in which the [Mining Act 1992](/view/html/inforce/current/act-1992-029) is administered\n> \n> > Department in which the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) is administered\n> \n> > Department in which the [New South Wales—Queensland Border Rivers Act 1947](/view/html/inforce/current/act-1947-010) is administered\n> \n> > Department in which the [Petroleum (Onshore) Act 1991](/view/html/inforce/current/act-1991-084) is administered\n> \n> > Department in which the [Plantations and Reafforestation Act 1999](/view/html/inforce/current/act-1999-097) is administered\n> \n> > Department in which the [Water Industry Competition Act 2006](/view/html/inforce/current/act-2006-104) is administered\n> \n> > Forestry Corporation of NSW\n> \n> > Local councils\n> \n> > NSW Environment Protection Authority\n> \n> > NSW Independent Pricing and Regulatory Tribunal\n> \n> > NSW Local Land Services\n> \n> > NSW Police Force\n> \n> > NSW Rural Fire Service\n> \n> > NSW State Emergency Service","sortOrder":10},{"sectionNumber":"sch.1-sec-oc.4","sectionType":"section","heading":"Queensland","content":"#### sch.1-sec-oc.4 Queensland\n\nQueensland\n\n> > Department in which the New South Wales-Queensland Border Rivers Act 1946 of Queensland is administered\n> \n> > Department in which the Water Act 2000 of Queensland is administered\n> \n> > Queensland Police Service","sortOrder":11},{"sectionNumber":"sch.1-sec-oc.5","sectionType":"section","heading":"South Australia","content":"#### sch.1-sec-oc.5 South Australia\n\nSouth Australia\n\n> > Department in which the Landscape South Australia Act 2019 of South Australia is administered\n> \n> > South Australia Police","sortOrder":12},{"sectionNumber":"sch.1-sec-oc.6","sectionType":"section","heading":"Tasmania","content":"#### sch.1-sec-oc.6 Tasmania\n\nTasmania\n\n> > Tasmania Police","sortOrder":13},{"sectionNumber":"sch.1-sec-oc.7","sectionType":"section","heading":"Victoria","content":"#### sch.1-sec-oc.7 Victoria\n\nVictoria\n\n> > Department in which the Water Act 1989 of Victoria is administered\n> \n> > Victoria Police","sortOrder":14},{"sectionNumber":"sch.1-sec-oc.8","sectionType":"section","heading":"Western Australia","content":"#### sch.1-sec-oc.8 Western Australia\n\nWestern Australia\n\n> > Western Australia Police Force","sortOrder":15}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata alone, there is no evidence of scope change from the original intent. The regulation appears to have been amended incrementally (two version updates) but remains focused on its original purpose of supporting NRAR's regulatory functions. Insufficient substantive content was provided to make a definitive determination."},"complexity_factors":["Only metadata and status information was provided — the actual operative provisions of the regulation are absent, preventing full complexity assessment","The regulation has been amended at least twice since commencement, suggesting some evolving complexity in its substance","It operates under a parent Act (the Natural Resources Access Regulator Act) which adds a layer of statutory context needed to fully understand its effect","Water law in NSW is inherently complex, involving multiple overlapping regulatory schemes, so even procedural regulations in this space tend to have technical dimensions","Staged repeal mechanism under the Subordinate Legislation Act 1989 adds a temporal dimension users must be aware of"],"plain_english_summary":"This regulation supports the Natural Resources Access Regulator (NRAR) in overseeing water access licences and related compliance in NSW, so it primarily affects farmers, irrigators, businesses holding water licences, and landholders near waterways. The supplied text contains only metadata (current status and amendment dates), shows it is in force (as at 24 Nov 2025), and is scheduled for automatic repeal on 1 Sep 2028 — watch for a remake or consultation before that sunset."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation remains focused on its original purpose: supporting the NRAR's enforcement functions through information-sharing arrangements and public transparency requirements. The 2023 version is a straightforward remake of the 2018 regulation with updated agency lists, consistent with the original intent."},"complexity_factors":["Only 1 defined term ('the Act') in the interpretation section","Straightforward structure with 7 operative sections plus a schedule","Schedule 1 consists of simple lists of agencies without conditional logic","No nested exceptions or complex cross-referencing beyond standard Act references","Amendment history noted but does not complicate operative provisions","Primary complexity comes from the length of Schedule 1 (listing 50+ agencies across jurisdictions) rather than legal intricacy"],"plain_english_summary":"This regulation supports the work of the Natural Resources Access Regulator (NRAR) in New South Wales. The NRAR is the government body that polices water laws—making sure people follow the rules about taking and using water.\n\n**What this regulation does:**\n\n* **Clarifies powers:** It confirms that when the NRAR exercises certain powers under the Water Management Act 2000, references to the 'Minister' in that Act are read as including the NRAR. This ensures the NRAR can act independently without needing ministerial sign-off for those specific functions.\n\n* **Expands the public register:** It specifies what information the NRAR must publish on its public register of water law enforcement. This includes:\n  * Names of people convicted of water offences and the penalties they received\n  * Names of people who breached civil penalty rules\n  * Details of compliance audits, court injunctions, and remediation orders\n  * Information about enforceable undertakings (formal promises to fix problems)\n  * Details of fees and administrative penalties recovered\n\n* **Defines partner agencies:** It lists which government bodies the NRAR can share information with and cooperate with. This is a long list spanning federal, state, and local agencies—including police forces, environmental regulators, local councils, and departments handling everything from biosecurity to mining.\n\n**Who it affects:**\n\n* Anyone who holds water licences or works with water resources in NSW\n* Government agencies that need to share water-related information\n* The general public, who can access the transparency register\n\n**Why it matters:**\n\nThe regulation ensures the NRAR can effectively enforce water laws while maintaining public accountability. By publishing enforcement outcomes and enabling information-sharing across agencies, it creates a comprehensive compliance framework that deters water theft and environmental damage."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulation narrows mechanical uncertainty and expands the Regulator’s operational scope by (1) specifying additional categories of information to be published on the Regulator’s register under the Act (see s5) and (2) enlarging and clarifying the set of ‘relevant agencies’ with which the Regulator may interact (Schedule 1, implemented via s6). It also formally repeals the 2018 regulation while preserving existing effects (s7). These changes shift administrative duties toward increased publication and inter‑agency coordination."},"complexity_factors":["Extensive cross‑references to other statutes (Natural Resources Access Regulator Act 2017; Water Management Act 2000; Interpretation Act 1987) which require reading together.","Prescription of detailed register items (s5) that tie regulator publishing obligations to court outcomes, audits, injunctions, orders, undertakings and recovered fees.","Large, multi‑jurisdictional list of prescribed ‘relevant agencies’ spanning Commonwealth and state departments, enforcement bodies and statutory authorities (Schedule 1 / s6).","Repeal-and‑savings mechanism (s7) preserving prior regulatory effects while replacing the 2018 regulation.","Amendment and substitution history noted in the text (s5 and s6 annotations) requiring attention to versions and legislative history.","Interpretive dependencies (s3 note) directing users to definitions and effect in the principal Act and Interpretation Act."],"plain_english_summary":"This regulation updates the Natural Resources Access Regulator's rules by prescribing what must appear on its public register (including convictions, civil contraventions, compliance audits, injunctions, remedial orders, measures taken, accepted undertakings and recovered fees — s5) and by listing the government agencies the Regulator may treat as “relevant” for information‑sharing and enforcement (Schedule 1 / s6). It repeals the 2018 regulation and preserves existing legal effects on commencement."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/natural-resources-access-regulator-regulation-2023","history":"/api/acts/natural-resources-access-regulator-regulation-2023/history","analysis":"/api/acts/natural-resources-access-regulator-regulation-2023/analysis","conflicts":"/api/acts/natural-resources-access-regulator-regulation-2023/conflicts","importantCases":"/api/acts/natural-resources-access-regulator-regulation-2023/important-cases","documents":"/api/acts/natural-resources-access-regulator-regulation-2023/documents"}}