{"id":"nsw:sl-1995-0533","name":"Water (Part 5—Bore Licences) Regulation 1995","slug":"water-part-5-bore-licences-regulation-1995","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"533 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":180643,"registerId":"nsw-nsw:sl-1995-0533-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 may be cited as the [Water (Part 5—Bore Licences) Regulation 1995](/view/html/inforce/current/sl-1995-0533).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 September 1995.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > the Act means the [Water Act 1912](/view/html/inforce/current/act-1912-044).\n> \n> > (2) In this Regulation, a reference to a form is a reference to a Form set out in Schedule 1.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application for licence: sec 113","content":"#### 4 Application for licence: sec 113\n\n4 Application for licence: sec 113\n\n> > (1) For the purposes of section 113 (1) of the Act, an application for a licence for a new bore or for enlarging, deepening or altering an existing bore must be in Form 1.\n> \n> > (2) For the purposes of section 113 (1) of the Act, the prescribed plans to accompany an application are plans showing—\n> > \n> > > (a) the boundaries of the land occupied by the applicant, and\n> > \n> > > (b) the site of the bore to be licensed, and\n> > \n> > > (c) the boundaries of any land to be irrigated, and\n> > \n> > > (d) the boundaries of the land of any other person to be supplied with water from the proposed works.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Form of licence: sec 115","content":"#### 5 Form of licence: sec 115\n\n5 Form of licence: sec 115\n\n> For the purposes of section 115 (1) of the Act, a licence under section 115 of the Act is to be in Form 2.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Application for renewal of licence: sec 116","content":"#### 6 Application for renewal of licence: sec 116\n\n6 Application for renewal of licence: sec 116\n\n> An application for renewal of a licence must be in a form approved by the Ministerial Corporation.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Licence fees: secs 115, 116","content":"#### 7 Licence fees: secs 115, 116\n\n7 Licence fees: secs 115, 116\n\n> > (1) For the purposes of sections 115 and 116 of the Act, the prescribed fee is—\n> > \n> > > (a) $48, for the issue or renewal of a licence for an artesian bore, or\n> > \n> > > (b) $151, for the issue or renewal of a licence for a bore, other than an artesian bore—\n> > > \n> > > > (i) if the water is proposed to be used for irrigation, industrial or recreational purposes, or\n> > > \n> > > > (ii) if the water is proposed to be used for town water supply purposes and not less than 60 megalitres per annum is proposed to be extracted.\n> \n> > (2) If a number of bores (not being artesian bores) are used by the same licensee for town water supply purposes and not less than 60 megalitres per annum is proposed to be extracted, a total fee of $151 is payable for the issue or renewal of the licences for those bores.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Prescribed public authorities: sec 116A","content":"#### 8 Prescribed public authorities: sec 116A\n\n8 Prescribed public authorities: sec 116A\n\n> For the purposes of section 116A (3) of the Act (nominal licence fees), the following are prescribed public authorities—\n> \n> > A Department of the State\n> \n> > Rail Corporation New South Wales\n> \n> > NSW Trains\n> \n> > Sydney Trains\n> \n> > Sydney Metro\n> \n> > Forestry Corporation\n> \n> > Pacific Power\n> \n> > A council of a local government area\n> \n> > A county council\n> \n> > Any board or joint committee in respect of works of water supply affecting more than one local government area\n> \n> **cl 8:** Am 2002 No 55, Sch 1.14; 2003 No 96, Sch 3.25; 2012 No 96, Sch 4.52; 2017 No 63, Sch 4.57; 2018 No 18, Sch 2.22; 2025 No 66, Sch 2.12.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Payment of licence fee: sec 116B","content":"#### 9 Payment of licence fee: sec 116B\n\n9 Payment of licence fee: sec 116B\n\n> For the purposes of section 116B of the Act, the time prescribed for the payment of the fee for the issue or renewal of a licence is within 5 weeks after the date of notification by the Ministerial Corporation of the amount of the fee.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Water charges: sec 117B","content":"#### 10 Water charges: sec 117B\n\n10 Water charges: sec 117B\n\n> > (1) For the purposes of section 117B (5) (c) of the Act, the maximum rate of the charge payable under section 117B (4) of the Act is—\n> > \n> > > (a) if the water is used for town water supply purposes—$1.62 per megalitre, or\n> > \n> > > (b) if the water is used for irrigation, industrial or recreational purposes—$4.85 per megalitre.\n> \n> > (2) For the purposes of section 117B (5) (d) of the Act, the charge referred to in section 117B (4) of the Act must be paid to the Ministerial Corporation within one month after a notice requiring payment has been served on the licensee—\n> > \n> > > (a) by delivering it to the licensee, or\n> > \n> > > (b) by leaving it at the property or premises on which the licensee resides or carries on business, or\n> > \n> > > (c) by leaving it with a person apparently over the age of 14 years and apparently resident or employed on the property or premises on which the licensee resides or carries on business, or\n> > \n> > > (d) by posting it to the licensee at the usual or last known place of residence or business of the licensee.\n> \n> > (3) For the purposes of section 117B (8A) (a) of the Act, the prescribed rate of interest is the rate prescribed under section 101 of the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028) with respect to the payment of interest on a judgment debt.\n> \n> **cl 10:** Am 2005 No 28, Sch 5.50.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Payment of charges into Consolidated Fund: sec 128","content":"#### 11 Payment of charges into Consolidated Fund: sec 128\n\n11 Payment of charges into Consolidated Fund: sec 128\n\n> For the purposes of section 128 of the Act, all charges payable under Part 5 of the Act must be paid into the Consolidated Fund at the times and in the manner directed by the New South Wales Treasury Corporation.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Repeal","content":"#### 12 Repeal\n\n12 Repeal\n\n> > (1) The Water (Part 5) General Regulations are repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the Water (Part 5) General Regulations, had effect under those Regulations is taken to have effect under this Regulation.","sortOrder":11},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Forms","content":"# Schedule 1 Forms\n\nSchedule 1 Forms\n\nForm 1\n\n(Clause 4)\n\n**APPLICATION FOR A BORE LICENCE UNDER PART 5 OF THE WATER ACT 1912**\n\n(*Section 113, [Water Act 1912](/view/html/inforce/current/act-1912-044)*)\n\nSECTION 1\n\nApplicant(s)—\n\nSurname: .........................First Names: ............................................................\n\nSurname: .........................First Names: ............................................................\n\nPostal Address: ............................................................\n\n.................... Post Code: .......... Telephone: ............................................................\n\nProperty Address: ............................................................\n\n.................... Post Code: .......... Telephone: ............................................................\n\n| Location of work to be licensed | Portion/Lot/DP | Parish | County |\n|  |  |  |\n| Nature of work to be licensed | □ Proposed | □ Alteration | Proposed depth in metres | □ Existing |\n| Is work to replace an abandoned work? | Is work to be altered already licensed? | Is application replacing an existing licence? |\n| □ Yes □ No | □ Yes □ No | □ Yes □ No |\n| Details |  |\n| Type of work | □ Bore | □ Well | □ Excavation |\n| □ Spearpoints(s) | □ Artesian bore | □ Test bore |\n| Ultimate purpose for which water is to be used from the completed or converted work | □ Stock | □ Waste disposal | □ Irrigation | □ Sand and gravel washing | Estimated annual usage in megalitres |\n| □ Domestic |  | □ Town water |  |\n| □ Farming (Not irrigation) | □ Drainage | □ Recreation | □ Industrial/ commercial |  |\n|  |  |  |  | □ Mining |  |\n| If application purpose is for town water, please provide in a separate sheet details of ALL existing town water bores and wells including: Bore No., Licence No., annual allocation and usage in megalitres. |\n| Complete if other landholders to be supplied with water | Name | Portion/ Lot/DP | Parish | County | Purpose of supply |\n|  |  |  |  |  |\n\nSECTION 2 (complete this section if the application includes irrigation)\n\n| Description of property (from your rate notice or local Council) | Portion/ Lot/DP | Parish | County | Total area in hectares | Is the property leased? |\n|  |  |  |  | □ Yes □ No |\n| Details of crops to be irrigated | □ Orchard | □ Vines | □ Other | Area in hectares |\n| Any other irrigation from bores and wells | Number of bores and wells | Type of crop(s) | Area in hectares |\n| Any other irrigation | From rivers, lakes etc | Area authorised | From Ministerial Corporation channels | Area authorised |\n| □ Yes □ No |  | □ Yes □ No |  |\n| Details |  |  |\n\nI/We apply for a licence to construct and use the works described above and to use the water obtained only for the purpose specified in the application.\n\nAttached are—\n\n> 1. PLANS showing—\n> \n> > (a) the boundaries of the land occupied by me/us;\n> \n> > (b) the site of the bore to be licensed;\n> \n> > (c) the boundaries of any land to be irrigated;\n> \n> > (d) the boundaries of the land of any other person to be supplied with water from the proposed works.\n\n> 2. The prescribed FEE of $ .\n\nDated this day of 19 .\n\nSignature/s of applicant/s\n\nWater Administration Ministerial Corporation.\n\nForm 2\n\n(Clause 5)\n\n**BORE LICENCE**\n\n(*Section 115, [Water Act 1912](/view/html/inforce/current/act-1912-044)*)\n\nDate Issued No.\n\nName and address of Licensee—\n\nLOCATION OF LICENSED BORE\n\nPortion/Lot/DP—  \nParish—  \nCounty—  \nNature and description of bore—  \nPurposes for which water may be used—\n\nLOCATION OF LAND TO BE IRRIGATED\n\nPortion/Lot/DP—  \nParish—  \nCounty—\n\n| Area to be Irrigated— | hectares | Period for which licence is issued— | years |\n| Volume of water which may be taken annually— | megalitres |\n\nThe bore described above and referred to in the application and plans deposited by the licensee is declared to be a licensed bore under the [Water Act 1912](/view/html/inforce/current/act-1912-044).\n\nThis licence is subject to the terms, limitations and conditions, if any, set out in the attached statement.","sortOrder":12}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the regulation has been consistently focused on bore licences under Part 5 of the Water Act since its original enactment in 1995. The multiple amendments suggest refinements rather than a fundamental change in scope, though the actual provisions were not available to confirm this definitively."},"complexity_factors":["Only metadata and navigation content was provided — no substantive legal provisions are visible, preventing full analysis","The regulation sits within a broader Water Act framework (Part 5), meaning its rules interact with and depend on the parent Act","Multiple amendments over 30 years (1995–2025) suggest accumulated complexity in the underlying provisions","Groundwater licensing regimes can involve technical hydrological concepts that are difficult for laypeople to interpret","The score is kept low because the visible content itself is straightforward administrative/status information"],"plain_english_summary":"This NSW regulation governs bore licences — the permits needed to drill and use bores to access groundwater — affecting farmers, rural landholders, businesses and any person or industry that drills or operates bores. It matters because it sets legal limits and conditions to manage shared groundwater and prevent overuse. Note: the supplied document contains only metadata/navigation; substantive rules aren’t included. In force since 1995, amended several times, most recently October 2025."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1995 Regulation was a simple administrative instrument setting forms and fees for bore licences. However, the amendment history (particularly clauses 8 and 10) shows significant expansion of the prescribed public authorities list over time—adding modern entities like Sydney Metro (2017), NSW Trains, Sydney Trains (2012), and most recently a 2025 amendment. The fee amounts ($48, $151) and water charges ($1.62, $4.85) appear frozen at 1995 or early 2000s levels despite decades of inflation, suggesting the Regulation has become partially obsolete as a practical revenue instrument, though it remains technically in force. The scope has drifted from a simple fee-setting mechanism to a historical artifact requiring periodic updates to reflect changing government structures."},"complexity_factors":["Only 1 defined term ('the Act') plus a reference to forms in Schedule 1","Straightforward fee structure with clear dollar amounts and simple conditions (artesian vs non-artesian, usage thresholds)","Minimal cross-referencing—primarily references back to specific sections of the Water Act 1912","No nested exceptions or complex conditional logic; clauses are linear and self-contained","Short length (12 clauses plus 2 forms)","Forms in Schedule 1 are standard administrative templates with checkboxes and blank fields"],"plain_english_summary":"This Regulation sets out the practical rules for applying for and managing licences to drill and use water bores (wells) in New South Wales under the Water Act 1912.\n\n**What it does:**\n- **Application process**: Anyone wanting to drill a new bore, or alter an existing one, must use Form 1 and submit detailed plans showing land boundaries, bore location, and irrigation areas.\n- **Licence format**: Approved licences are issued using Form 2.\n- **Fees**: Charges $48 for artesian bores and $151 for other bores used for irrigation, industry, recreation, or large-scale town water supply (60+ megalitres/year). Multiple town water bores under the same licensee share the $151 fee.\n- **Discounts for public authorities**: Government departments, rail corporations, local councils, and certain other public bodies pay only a nominal (token) fee rather than the full amount.\n- **Payment deadlines**: Fees must be paid within 5 weeks of being notified.\n- **Water usage charges**: Users must pay ongoing charges based on water volume—$1.62 per megalitre for town water supply and $4.85 per megalitre for irrigation/industrial/recreational use. Interest applies to late payments.\n- **Revenue handling**: All charges go into the state's Consolidated Fund (the government's main bank account).\n\n**Who it affects:**\n- Landholders and farmers wanting to drill bores for irrigation, stock, or domestic use\n- Local councils and water utilities operating town water supplies\n- Industrial and commercial water users\n- Government agencies and rail corporations that operate bores\n\n**Why it matters:**\nThis Regulation makes the licensing system work in practice by specifying the forms, fees, and deadlines. Without it, there would be no clear process for legally accessing groundwater, which is critical for agriculture, towns, and industry across NSW."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation replaces the earlier Water (Part 5) General Regulations (cl 12(1)) and explicitly preserves existing acts, matters or things that had effect under the prior Regulations by treating them as continuing under this Regulation (cl 12(2)). On its face, it updates administrative detail (forms, fees, payment mechanics) but does not expand or contract the statutory licensing power in the Water Act 1912 itself."},"complexity_factors":["Prescribes specific application and licence forms and plan requirements (cl 4, cl 5, Schedule 1 Forms).","Differentiated fee schedule with categories for artesian bores, other bores, and aggregated town supply bores (cl 7).","Nominal‑fee treatment for a defined list of public authorities (cl 8) — list updated by amendment history in the text.","Payment timing and collection mechanics set out (payment within 5 weeks after notification (cl 9); charge payable within one month after notice with specified service methods (cl 10(2))).","Per‑megalitre charge caps specified for town supply and for irrigation/industrial/recreational use (cl 10(1)).","Interest on unpaid charges tied to the Civil Procedure Act rate (cl 10(3)), creating a cross‑statute linkage.","Revenue direction to the Consolidated Fund and to be managed in manner/times directed by NSW Treasury Corporation (cl 11) — introduces Treasury direction as implementation detail.","Ministerial Corporation discretion retained for approval of renewal application form (cl 6).","Repeal and savings provision continues effect of prior regulations under the new instrument (cl 12(1)–(2))."],"plain_english_summary":"This Regulation sets the administrative rules for bore licences under the Water Act 1912: which application and licence forms to use, the plans to lodge, prescribed fees and per‑megalitre charge rates, payment timing and methods, and which public authorities qualify for nominal fees. It also directs that charges be paid into the Consolidated Fund and repeals the earlier Part 5 regulations. It affects bore applicants, licence‑holders, the Water Administration Ministerial Corporation and NSW Treasury by defining who pays, when payments are due and how licences are recorded."}},"importantCases":[],"_links":{"self":"/api/acts/water-part-5-bore-licences-regulation-1995","history":"/api/acts/water-part-5-bore-licences-regulation-1995/history","analysis":"/api/acts/water-part-5-bore-licences-regulation-1995/analysis","conflicts":"/api/acts/water-part-5-bore-licences-regulation-1995/conflicts","importantCases":"/api/acts/water-part-5-bore-licences-regulation-1995/important-cases","documents":"/api/acts/water-part-5-bore-licences-regulation-1995/documents"}}