{"id":"water-regulations-1992","name":"WATER REGULATIONS 1992","slug":"water-regulations-1992","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179220,"registerId":"nt-water-regulations-1992-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"WATER REGULATIONS 1992","content":"NORTHERN TERRITORY OF AUSTRALIA\nWATER REGULATIONS 1992\nAs in force at 13 September 2025\nTable of provisions\nPart 1 Preliminary\n1 Citation ............................................................................................ 1\n2 Commencement .............................................................................. 1\n2A Definitions ........................................................................................ 1\n3 Applications and forms .................................................................... 1\nPart 3 Permits and licences\nDivision 1 Permits and licences except drilling licences\n5 Water investigation permit ............................................................... 2\n6 Permit to interfere with waterway..................................................... 3\n7 Bore work permit ............................................................................. 4\n8 Surface water extraction licence ...................................................... 4\n9 Groundwater extraction licence ....................................................... 4\n9AA Fee for groundwater extraction licence for petroleum activity\nthat includes hydraulic fracturing ..................................................... 4\n9A Waste discharge licence .................................................................. 5\nDivision 2 Drilling Licences and Qualifications\n10 Drilling licence ................................................................................. 5\n11 Section 53 – prescribed information and samples ........................... 5\n12 Functions of Drillers' Qualifications Advisory Committee ................. 7\n13 Membership ..................................................................................... 7\n13A Meetings .......................................................................................... 7\n14 Qualifications ................................................................................... 8\nDivision 2A Licence to take groundwater for exempt\nactivity\n14A Licence to take groundwater in former Darwin Rural Water\nControl District ................................................................................. 8\n14AB Licence to take groundwater in Adelaide River area ....................... 9\n14B Application requirements ................................................................. 9\n14C Application procedure .................................................................... 10\n\nWater Regulations 1992 ii\nDivision 2B Licence to take water for mining or petroleum\nactivity\n14D Licence to take water for mining or petroleum activity ................... 11\nDivision 3 General\n15 Renewal of permits and licences ................................................... 12\n16 Permits or licences lost or destroyed ............................................. 12\n17 Register of licences ....................................................................... 12\n18 Joint interests ................................................................................ 13\nPart 4 Infringement notice offences\n19 Infringement notice offence and prescribed amount payable ........ 14\n20 When infringement notice may be given ........................................ 14\n21 Contents of infringement notice ..................................................... 14\n22 Electronic payment and payment by cheque ................................. 15\n23 Withdrawal of infringement notice.................................................. 16\n24 Application of Part ......................................................................... 16\nPart 5 Transitional matters for Water Legislation\nMiscellaneous Amendments Act 2019\n25 Application of regulation 15 ........................................................... 16\nSchedule Infringement notice offences,\nenvironmental offence levels and\nprescribed amounts\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 13 September 2025\n____________________\nWATER REGULATIONS 1992\nRegulations under the Water Act 1992\nPart 1 Preliminary\n1 Citation\nThese Regulations may be cited as the Water Regulations 1992.\n2 Commencement\nThese Regulations shall come into operation on the\ncommencement of the Water Act 1992.\n2A Definitions\nIn these Regulations:\napproved form means a form approved by the Controller or\nMinister under regulation 3(2).\nformer Darwin Rural Water Control District means the part of the\nTerritory declared by the Minister under section 22 of the Act to be\na water control district and allocated the name \"Darwin Rural Water\nControl District\" on 17 May 1999 and published in Gazette No. G21\nof 2 June 1999.\ninfringement notice, see regulation 20.\ninfringement notice offence, see regulation 19(1).\nprescribed amount, see regulation 19(2).\nrelevant land, in relation to an application made under the Act,\nmeans the land to which the application relates.\n3 Applications and forms\n(1) A person who makes an application under the Act must lodge the\napplication with the Agency.\n\nPart 3 Permits and licences\nDivision 1 Permits and licences except drilling licences\nWater Regulations 1992 2\n(2) The Controller may approve the forms to be used under the Act,\nother than the form to be used for an application for a water\ninvestigation permit under section 36 of the Act.\n(2A) The Minister may approve the form to be used for an application for\na water investigation permit under section 36 of the Act.\n(3) An application required to be in accordance with an approved form\nmust include, or be accompanied by, all the information required by\nthe form that is necessary for the person to whom the application is\nmade to make a proper decision.\n(4) An application is taken to be lodged when sufficient information to\nenable a proper decision to be made under the Act is given to the\nAgency.\n(5) A public sector employee of the Agency may return, without further\nconsideration, any application that does not include sufficient\ninformation to enable a proper decision to be made.\nPart 3 Permits and licences\nDivision 1 Permits and licences except drilling licences\n5 Water investigation permit\n(1) An application under section 36(1) of the Act for a permit to explore\nfor water (a water investigation permit) must be in accordance\nwith the approved form.\n(2) The Minister may publish notice of the application in any manner\nthat makes it publicly available in the Territory.\n(3) The notice must include the following:\n(a) a description of the relevant land;\n(b) the person to whom enquiries about the application may be\ndirected;\n(c) the way in which objections to the granting of the water\ninvestigation permit may be made;\n(d) any other information determined by the Minister.\n(4) The costs of publishing the notice must be met by the applicant for\nthe water investigation permit.\n\nPart 3 Permits and licences\nDivision 1 Permits and licences except drilling licences\nWater Regulations 1992 3\n(5) If a notice is published, the Minister must give a copy of the notice\nto the owners and occupiers of land in the vicinity of the relevant\nland that the Minister considers may be affected by the grant of the\nwater investigation permit.\n(6) Subregulation (2) does not apply if the application is for the renewal\nof an existing water investigation permit and is made not later than\n20 business days before the date on which the existing permit is\ndue to expire.\n(7) A water investigation permit must be in the approved form.\n6 Permit to interfere with waterway\n(1) An application under section 41(1) of the Act for a permit to\ninterfere with a waterway must be in accordance with the approved\nform.\n(2) The Controller may publish notice of the application in any manner\nthat makes it publicly available in the Territory.\n(3) The notice must include the following:\n(a) a description of the relevant land;\n(b) the person to whom enquiries about the application may be\ndirected;\n(c) the way in which objections to the granting of the permit may\nbe made;\n(d) any other information determined by the Controller.\n(4) The costs of publishing the notice must be met by the applicant for\nthe permit.\n(5) If a notice is published, the Controller must give a copy of the notice\nto the owners and occupiers of land upstream or downstream of the\nrelevant land that the Controller considers may be affected by the\ngrant of the permit.\n(6) Subregulation (2) does not apply if the application is for the renewal\nof an existing permit and is made not later than 20 business days\nbefore the date on which the existing permit is due to expire.\n(7) A permit to interfere with a waterway must be in the approved form.\n\nPart 3 Permits and licences\nDivision 1 Permits and licences except drilling licences\nWater Regulations 1992 4\n7 Bore work permit\n(1) An application under section 57(1) of the Act for a permit to carry\nout an operation referred to in section 56(1) of the Act (a bore work\npermit) must be in accordance with the approved form.\n(2) A bore work permit must be in the approved form.\n8 Surface water extraction licence\n(1) An application under section 45(1) of the Act for a water extraction\nlicence to take water (a surface water extraction licence) must be\nin accordance with the approved form.\n(2) A surface water extraction licence must be in the approved form.\n9 Groundwater extraction licence\n(1) An application under section 60(1) of the Act for a water extraction\nlicence to take water from a bore (a groundwater extraction\nlicence) must be in accordance with the approved form.\n(2) A groundwater extraction licence must be in the approved form.\n9AA Fee for groundwater extraction licence for petroleum activity\nthat includes hydraulic fracturing\n(1) The holder of the licence must pay a fee for the grant or issue,\nunder section 60(1) of the Act, of a water extraction licence to take\nwater from a bore if the beneficial use under the licence is\npetroleum activity that includes hydraulic fracturing.\n(2) The fee is $3 000 (exclusive of GST) for each year, or part of a\nyear, of the period of the licence.\nExample for subregulation (2)\nA water extraction licence granted for a period of 3 years has a fee of $9 000.\n(3) The fee is payable by the holder of the licence in annual\ninstalments (equal to the amount of the annual fee) on:\n(a) the date the licence is granted or issued; and\n(b) each subsequent anniversary of the grant or issue of the\nlicence.\nExample for subregulation (3)\nIf the period is 3 years and the fee is $9 000, the annual instalment is $3 000.\n\nPart 3 Permits and licences\nDivision 2 Drilling Licences and Qualifications\nWater Regulations 1992 5\n(4) If the licence is transferred under section 92 of the Act or amended\nor modified under section 93(1) of the Act and a new licence is\nissued to replace it, the holder of the new licence is to be credited\nany amount of the fee already paid under the previous licence in\nrelation to any overlapping period of the new licence.\nExample for subregulation (4)\nA licence is granted for the period from 1 July 2023 to 30 June 2025. It is\namended and a new licence is issued to replace it on 1 December 2024. The\nlicence holder will be credited the amount already paid for the overlapping period\nfrom 1 December 2024 to 30 June 2025.\n9A Waste discharge licence\n(1) An application under section 74(1) of the Act for a licence to carry\nout an action otherwise prohibited by section 73 of the Act (a waste\ndischarge licence) must be in accordance with the approved form.\n(2) A waste discharge licence must be in the approved form.\nDivision 2 Drilling Licences and Qualifications\n10 Drilling licence\n(1) An application under section 49(1) of the Act for a drilling licence\nmust be in accordance with the approved form.\n(2) The kinds of drilling licences the Controller may grant are as\nfollows:\n(a) Drilling Licence Class 1;\n(b) Drilling Licence Class 2;\n(c) Drilling Licence Class 3.\n(3) A drilling licence must be in the approved form.\n11 Section 53 – prescribed information and samples\n(1) This regulation prescribes the information and samples the\nController may require the holder of a drilling licence (the licensee)\nto provide under section 53 of the Act in connection with work\ncarried out on a bore under the licence.\n(2) The prescribed information is any of the following:\n(a) information about the bore, including:\n(i) the name of the bore's owner; and\n\nPart 3 Permits and licences\nDivision 2 Drilling Licences and Qualifications\nWater Regulations 1992 6\n(ii) the name of the bore; and\n(iii) a sketch and brief description of the bore's location; and\n(iv) the bore's final construction status (for example, whether\nthe bore is capped, equipped, backfilled or abandoned);\n(b) information about the work carried out, including:\n(i) the dates on which the work started and ended; and\n(ii) the contractor and driller carrying out the work and\nwhether it was carried out under the supervision of the\nlicensee; and\n(iii) the nature of the work, including the method of drilling,\nthe diameter of the hole drilled, and the casing and\npacking used;\n(c) information about the strata and water bearing beds found in\nthe bore;\n(d) information necessary for the Controller to ensure the licensee\nhas complied with the Act.\n(3) The prescribed samples are 1 or both of the following:\n(a) representative samples of strata, each of approximately\n250 grams and including a sample of each change of strata\nobserved in the bore:\n(i) taken from the bore at intervals not exceeding 3 metres;\nand\n(ii) secured in clean bags, preferably made of plastic, each\nat least 10cm x 15cm in size and 0.1mm thick;\n(b) a representative sample of at least 1 litre of water:\n(i) taken from each water cut encountered during bore\ndrilling operations; and\n(ii) preserved in a clean bottle that is completely filled and\ntightly stoppered or sealed.\n(4) A bag or bottle in which a sample is kept must be clearly marked to\nidentify the bore from which, and the depth at which, the sample\nwas taken.\n\nPart 3 Permits and licences\nDivision 2 Drilling Licences and Qualifications\nWater Regulations 1992 7\n(5) To avoid doubt, a requirement to provide information and samples\nmay be in relation to one or more bores or all bores on which a\nlicensee has carried out work under the licensee's drilling licence.\n12 Functions of Drillers' Qualifications Advisory Committee\nThe functions of the Drillers' Qualifications Advisory Committee are\nto advise the Controller:\n(a) in relation to the granting, renewal or variation of drilling\nlicences; and\n(b) in relation to the operation of Part 6, Division 2 of the Act; and\n(c) on matters referred to it by the Controller.\n13 Membership\n(1) The Drillers' Qualifications Advisory Committee consists of\n8 members.\n(2) At least 4 members must be persons who, in the Minister's opinion,\nhave skills, knowledge and experience in one or more of the\nfollowing areas:\n(a) hydrogeology;\n(b) groundwater engineering;\n(c) planning and conduct of drilling operations.\n(3) At least 2 members must be persons who are:\n(a) representatives of users of drilling services; and\n(b) not employed in the public sector; and\n(c) in the Minister's opinion, not involved in the drilling industry.\n(4) Before appointing a person to be a member, the Minister must have\nregard to the range and level of skills, knowledge and experience\nrequired among the members of the Committee to enable it to\nperform its functions.\n13A Meetings\n(1) The chairperson must convene a meeting of the Drillers'\nQualifications Advisory Committee as directed by the Controller.\n\nPart 3 Permits and licences\nDivision 2A Licence to take groundwater for exempt activity\nWater Regulations 1992 8\n(2) At a meeting of the Committee:\n(a) the chairperson and 3 other members constitute a quorum;\nand\n(b) questions arising must be determined by the majority vote of\nthe members present and voting; and\n(c) subject to this regulation, the Committee must determine the\nprocedure to be followed at or in connection with the meeting.\n(3) The Committee must keep records of its meetings.\n14 Qualifications\nFor the purposes of section 49(1)(b) of the Act, the prescribed\nqualifications are a pass in such examinations set or nominated by\nthe Drillers' Qualifications Advisory Committee as the Committee\nthinks appropriate for the type of work proposed to be carried out\nunder the Drilling Licence, or such other qualifications and/or\nexperience as the Committee or the Controller considers to be\nequivalent to those qualifications.\nDivision 2A Licence to take groundwater for exempt activity\n14A Licence to take groundwater in former Darwin Rural Water\nControl District\nFor section 71M(1)(b) of the Act, the following circumstances are\nprescribed:\n(a) the application for the licence to take water relates to land\nwithin the former Darwin Rural Water Control District;\n(b) during the 12 month period ending on 5 July 2016, water was\nroutinely taken from a bore on the land for a commercial\nundertaking that was reliant on groundwater on the land;\n(c) from 6 July 2016 until the making of the application, water\ncontinued to be routinely taken from a bore on the land for the\ncommercial undertaking;\n(d) the commercial undertaking is not a mining activity or\npetroleum activity;\n(e) the application is made before 1 August 2025.\n\nPart 3 Permits and licences\nDivision 2A Licence to take groundwater for exempt activity\nWater Regulations 1992 9\n14AB Licence to take groundwater in Adelaide River area\n(1) For section 71M(1)(b) of the Act, the following circumstances are\nprescribed:\n(a) the application for the licence to take water relates to land\nwithin the Adelaide River area;\n(b) during the 12 month period ending on 30 June 2024, water\nwas routinely taken from a bore on the land for a commercial\nundertaking that was reliant on groundwater on the land;\n(c) from 1 July 2024 until the making of the application, water\ncontinued to be routinely taken from a bore on the land for the\ncommercial undertaking;\n(d) the commercial undertaking is not a mining activity or\npetroleum activity;\n(e) the application is made with 2 years of the commencement of\nthis regulation.\n(2) In this regulation:\nAdelaide River area means the part of the Territory declared by\nthe Minister under section 22 of the Act to be a water control district\nand allocated the name \"Darwin Rural Adelaide River Water Control\nDistrict\" on 30 April 2024 and published in Gazette No. S61 of\n28 June 2024 but not including the former Darwin Rural Water\nControl District.\n14B Application requirements\n(1) For section 71M(2) of the Act, the following requirements are\nprescribed:\n(a) the application for the proposed licence sets out the\ncircumstances prescribed by regulation 14A or 14AB(1) relied\non by the applicant;\n(b) the application includes evidence of the circumstances\nprescribed by regulation 14A or 14AB(1);\n(c) the application includes the total maximum volume of water\nrequired under the proposed licence for each proposed year of\nthe licence.\n\nPart 3 Permits and licences\nDivision 2A Licence to take groundwater for exempt activity\nWater Regulations 1992 10\n(2) Without limiting subregulation (1)(b), the application may include\nany of the following as evidence of the circumstances prescribed by\nregulation 14A(b) and (c) or 14AB(1)(b) and (c):\n(a) for the circumstances prescribed by regulation 14A(b)\nand (c) – imagery of the land before and after 6 July 2016 that\nis spatially referenced or mapped with geographical\ncoordinates showing activity on the land that is dependent on\ntaking groundwater;\n(ab) for the circumstances prescribed by regulation 14AB(1)(b)\nand (c) – imagery of the land before and after 1 July 2024 that\nis spatially referenced or mapped with geographical\ncoordinates showing activity on the land that is dependent on\ntaking groundwater;\n(b) installation and operation of infrastructure to take groundwater\nof a volume sufficient to enable the circumstances prescribed\nby regulation 14A(b) and (c) or 14AB(1)(b) and (c);\n(c) water extraction records, including records of metered water\nextraction;\n(d) records of pumping rates and duration for taking groundwater.\n14C Application procedure\nFor section 71M(3) of the Act, the following procedure is prescribed:\n(a) if a public sector employee of the Agency returns the\napplication under regulation 3(5) the public sector employee\nmust provide reasons for that decision;\n(b) the Controller must give a notice of the decision with reasons\non the application within 20 business days after the Controller\nmakes the decision;\n(c) if the Controller grants the licence the Controller must include\nthe reasons for the decision in a register kept under section 95\nof the Act.\n\nPart 3 Permits and licences\nDivision 2B Licence to take water for mining or petroleum activity\nWater Regulations 1992 11\nDivision 2B Licence to take water for mining or petroleum\nactivity\n14D Licence to take water for mining or petroleum activity\n(1) For section 71R(2) of the Act, the following requirements are\nprescribed:\n(a) the application for the proposed licence sets out the\ncircumstances mentioned in section 71R(1) of the Act relied\non by the applicant;\n(b) the application includes evidence of the circumstances\nmentioned in section 71R(1) of the Act;\n(c) the application includes the total volume of water required\nunder the proposed licence for each proposed year of the\nlicence;\n(d) the application includes:\n(i) in the case of a mining activity – an environmental\n(mining) licence under the Environment Protection\nAct 2019; and\n(ii) in the case of a petroleum activity – the environment\nmanagement plan approved under the Petroleum\nAct 1984.\n(2) Without limiting subregulation (1)(b), the application may include\nany of the following as evidence of the circumstances mentioned in\nsection 71R(1)(a) and (b) of the Act:\n(a) water use or water extraction records, including records of\nmetered water extraction;\n(b) a site water balance report for the site where the mining\nactivity or petroleum activity is carried out;\n(c) records of pumping rates and duration for taking water.\n(3) For section 71R(3) of the Act, the following procedure is prescribed:\n(a) if a public sector employee of the Agency returns the\napplication under regulation 3(5) the public sector employee\nmust provide reasons for that decision;\n(b) the Controller must give notice of a decision (including\nreasons for the decision) on the application within 20 business\ndays after the Controller makes the decision;\n\nPart 3 Permits and licences\nDivision 3 General\nWater Regulations 1992 12\n(c) if the Controller grants the licence the Controller must include\nthe reasons for the decision in a register kept under section 95\nof the Act.\nDivision 3 General\n15 Renewal of permits and licences\n(1) An application for the renewal of a permit or licence must be made\nin the approved form.\n(2) The application must be lodged before the following:\n(a) in the case of a water extraction licence or a licence under\nPart 6B of the Act – the 120th business day before the day the\nlicence expires;\n(b) in the case of a waste discharge licence – the 60th business\nday before the day the licence expires;\n(c) in the case of a permit – the 20th business day before the day\nthe permit expires.\n16 Permits or licences lost or destroyed\nIf a permit or licence document has been lost or destroyed, the\nperson responsible for issuing the permit or licence under the Act\n(the decision maker) may, on receipt of a statutory declaration as\nto the circumstances of the loss or destruction and of any other\nevidence the decision maker considers necessary, issue a\nduplicate permit or licence which has the word \"duplicate\" endorsed\non it.\n17 Register of licences\nFor section 95(2)(b) of the Act, the register must contain the\nfollowing information for each water extraction licence and licence\nunder Part 6B of the Act:\n(a) the name and address of the holder of the licence;\n(b) the date on which the licence is due to expire;\n(c) the location of the property from which the water is currently\ntaken;\n(d) the maximum quantity of water that may be taken annually;\n(e) the source of the water that may be taken.\n\nPart 3 Permits and licences\nDivision 3 General\nWater Regulations 1992 13\n18 Joint interests\n(1) A joint application for an approval:\n(a) must be in accordance with the approved form for the\napplication; and\n(b) must be made in the name of each joint applicant; and\n(c) must include the address of each joint applicant; and\n(d) must be signed by each joint applicant unless the applicants\nare using an agent in accordance with paragraph (e); and\n(e) may be made by an agent on the applicants' behalf if the\nagent has written authorisation to do so and lodges the\nauthorisation with the application.\n(2) After considering the application, any objections to the application\nand the applicants' replies to those objections, the decision maker:\n(a) must determine whether or not to grant an approval to the\napplicants jointly and to which applicants to grant the\napproval; and\n(b) may include special conditions on the approval that the\ndecision maker considers appropriate.\n(3) It is a condition of every joint approval that each joint holder is\njointly and severally:\n(a) bound by the terms and conditions; and\n(b) liable for any fee or other amount payable; and\n(c) bound to comply with all notices and directions given or\nserved under the Act unless the notice or direction relates to\nany thing, measure or work on the land of one or more but not\nall of the joint holders.\n(4) If, under section 93(1) of the Act, the decision maker, by notice,\namends the terms and conditions of a joint approval, the decision\nmaker may specify in the notice the manner in which the respective\nentitlements of each of the joint holders are amended by the notice.\n(5) If, under section 93(2) of the Act, the decision maker, by notice,\nrevokes or suspends a joint approval, the decision maker may\nspecify in the notice the manner in which the respective\nentitlements of each of the holders are revoked or suspended.\n\nPart 4 Infringement notice offences\nWater Regulations 1992 14\n(6) If an application, notice or other document is permitted or required\nto be served on the joint holders of an approval, service on one joint\nholder is taken to be service on every joint holder.\n(7) In this regulation:\napproval means a licence, permit or other authorisation granted\nunder the Act.\ndecision maker, for an approval, means the person who is\nresponsible for making a decision about the grant, amendment or\nrevocation of the approval under the Act.\nPart 4 Infringement notice offences\n19 Infringement notice offence and prescribed amount payable\n(1) An infringement notice offence is an offence against a provision\nspecified in the Schedule.\n(2) The prescribed amount for an infringement notice offence is as\nfollows:\n(a) for an offence specified in the Schedule, Part 1 – the amount\npayable under section 8 of the Environmental Offences and\nPenalties Act 1996 for the specified environmental offence\nlevel of the offence;\n(b) for an offence specified in the Schedule, Part 2 – the monetary\nvalue of the number of penalty units specified for the offence.\n20 When infringement notice may be given\nIf an authorised officer believes on reasonable grounds that a\nperson has committed an infringement notice offence, the officer\nmay give a notice (an infringement notice) to the person.\n21 Contents of infringement notice\n(1) The infringement notice must specify the following:\n(a) the name and address of the person, if known;\n(b) the date the infringement notice is given to the person;\n(c) the date, time and place of the infringement notice offence;\n(d) a description of the offence;\n(e) the prescribed amount payable for the offence;\n\nPart 4 Infringement notice offences\nWater Regulations 1992 15\n(f) the enforcement agency, as defined in the Fines and Penalties\n(Recovery) Act 2001, to which the prescribed amount is\npayable.\n(2) The infringement notice must include a statement to the effect of\nthe following:\n(a) the person may expiate the infringement notice offence and\navoid any further action in relation to the offence by paying the\nprescribed amount to the specified enforcement agency within\n28 days after the notice is given;\n(b) the person may elect under section 21 of the Fines and\nPenalties (Recovery) Act 2001 to have the matter dealt with by\na court instead of under that Act by completing a statement of\nelection and giving it to the specified enforcement agency;\n(c) if the person does nothing in response to the notice,\nenforcement action may be taken under the Fines and\nPenalties (Recovery) Act 2001, including (but not limited to)\naction for the following:\n(i) suspending the person's licence to drive;\n(ii) seizing personal property of the person;\n(iii) deducting an amount from the person's wages or salary;\n(iv) registering a statutory charge on land owned by the\nperson;\n(v) making a community work order for the person and\nimprisonment of the person if the person breaches the\norder.\n(3) Also, the infringement notice must include an appropriate form for\nmaking the statement of election mentioned in subregulation (2)(b).\n22 Electronic payment and payment by cheque\n(1) If the person uses electronic means to pay the prescribed amount,\npayment is not effected until the amount is credited to the Fines\nRecovery Unit's bank account.\n(2) If the person tenders a cheque in payment of the prescribed\namount, payment is not effected unless the cheque is cleared on\nfirst presentation.\n\nPart 5 Transitional matters for Water Legislation Miscellaneous Amendments Act\n2019\nWater Regulations 1992 16\n23 Withdrawal of infringement notice\n(1) The Controller may withdraw the infringement notice by written\nnotice given to the person.\n(2) The notice must be given:\n(a) within 28 days after the infringement notice is given to the\nperson; and\n(b) before payment of the prescribed amount.\n24 Application of Part\n(1) This Part does not prejudice or affect the start or continuation of\nproceedings for an infringement notice offence for which an\ninfringement notice has been given unless the offence is expiated.\n(2) Also, this Part does not:\n(a) require an infringement notice to be given; or\n(b) affect the liability of a person to be prosecuted in a court for an\noffence for which an infringement notice has not been given;\nor\n(c) prevent more than one infringement notice for the same\noffence being given to a person.\n(3) If more than one infringement notice for the same offence has been\ngiven to a person, the person may expiate the offence by paying\nthe prescribed amount in accordance with any of the notices.\nPart 5 Transitional matters for Water Legislation\nMiscellaneous Amendments Act 2019\n25 Application of regulation 15\n(1) Regulation 15, as in force immediately before the commencement,\ncontinues to apply in relation to an application to renew a water\nextraction licence that is due to expire on a date that is earlier than\n9 months after the commencement.\n(2) In this section:\ncommencement means the day on which the Water Legislation\nMiscellaneous Amendments Act 2019 commences.\n\nSchedule Infringement notice offences, environmental offence levels and prescribed\namounts\nWater Regulations 1992 17\nSchedule Infringement notice offences, environmental\noffence levels and prescribed amounts\nregulation 19\nPart 1\nProvision Environmental offence level\nWater Act 1992\nsection 16(2D) 3\nsection 16(2F) 4\nsection 76 3\nPart 2\nProvision Prescribed amount in penalty units\nfor individual for body corporate\nWater Act 1992\nsection 25(1) 2 Not applicable\nsections 37(1), 40(1), 42(1), 44(1),\n46(1) and 48(1)\n5 10\nsection 50(1) 5\nsection 55(2) 2 5\nsections 56(1), 58(1), 59(1), 61(1),\n66(1) and 68(1)\n5 10\nsection 71(1) 2 5\nsection 71L(1) 5 10\nsection 79(3) 2 5\nsection 81(1) 1 3\nsection 96(3) 2 5\n\nENDNOTES\nWater Regulations 1992 18\nENDNOTES\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nWater Regulations (SL No. 28, 1992)\nNotified 30 June 1992\nCommenced 1 July 1992 (r 2, s 2 Water Act 1992 (Act No. 19, 1992) and\nGaz S35, 30 June 1992)\nAmendments of Water Regulations (SL No. 23, 1994)\nNotified 10 August 1994\nCommenced 10 August 1994\nStatute Law Revision Act 1999 (Act No. 27, 1999)\nAssent date 18 June 1999\nCommenced 18 June 1999\nAmendment of Water Regulations (SL No. 2, 2002)\nNotified 13 February 2002\nCommenced 13 February 2002\nWater Amendment Regulations (SL No. 31, 2008)\nNotified 26 November 2008\nCommenced 26 November 2008 (r 2, s 2 Water Amendment Act 2007 (Act\nNo. 33, 2007) and Gaz G47, 26 November 2008, p 6)\nWater Legislation Amendment Act 2018 (Act No. 29, 2018)\nAssent date 4 December 2018\nCommenced 31 December 2018 (Gaz S107, 17 December 2018)\nWater Legislation Miscellaneous Amendment Act 2019 (Act No. 26, 2019)\nAssent date 2 September 2019\nCommenced 25 September 2019 (Gaz G39, 25 September 2019, p 2)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\n\nENDNOTES\nWater Regulations 1992 19\nStatute Law Amendment (Territory Economic Reconstruction) Act 2021 (Act No. 19,\n2021)\nAssent date 31 August 2021\nCommenced pt 6: 2 October 2021; rem: 29 September 2021 (Gaz G39,\n29 September 2021, p 1)\nWater Amendment Regulations 2022 (SL No. 25, 2022)\nNotified 20 December 2022\nCommenced 1 January 2023 (r 2)\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023 (s 2)\nWater Legislation Amendment Act 2023 (Act No. 13, 2023)\nAssent date 31 May 2023\nCommenced 1 August 2023 (Gaz G14, 6 July 2023, p 1)\nEnvironment Protection Legislation Amendment Act 2023 (Act No. 34, 2023)\nAssent date 6 December 2023\nCommenced pt 1, pt 3, div 1, ss 207 and 219 and pt 5: 7 December 2023\n(s 2(1)); pt 3, div 2: 1 March 2024 (s 2(2), s 2 Environment\nProtection Legislation Amendment (Chain of Responsibility)\nAct 2022 (Act No. 32, 2022) and (Gaz G4, 15 February 2024,\np 1); pt 4: 1 July 2024 (Gaz G4, 15 February 2024, p 2);\nrem: 1 March 2024 (Gaz G4, 15 February 2024, p 2)\nParks and Water Legislation Amendment Act 2024 (Act No. 13, 2024)\nAssent date 11 June 2024\nCommenced pt 3: 2 July 2024 (s 2(2)); rem: 12 June 2024 (s 2(1))\nWater Amendment Regulations 2024 (SL No. 22, 2024)\nDate made 30 July 2024\nCommenced 31 July 2024 (r 2)\nLands, Planning and Environment Legislation Amendment Act 2025 (Act No. 25, 2025)\nAssent date 12 September 2025\nCommenced pt 6: nc; rem: 13 September 2025 (s 2(1))\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: rr 1 and 21 and sch.\n4 LIST OF AMENDMENTS\nr 2A ins No. 31, 2008, r 4\namd Act No. 29, 2018, s 47; Act No. 13, 2024, s 75; No. 22, 2024, r 4\nr 3 sub No. 31, 2008, r 5\namd Act No. 19, 2021, s 129; Act No. 13, 2024, s 76\npt 2 hdg rep Act No. 13, 2024, s 77\nr 4 amd No. 31, 2008, r 11; Act No. 29, 2018, s 48; Act No. 26, 2020, s 3; Act\nNo. 4, 2023, s 23\nrep Act No. 13, 2024, s 77\n\nENDNOTES\nWater Regulations 1992 20\npt 3\ndiv 1 hdg sub No. 31, 2008, r 6\nr 5 sub No. 31, 2008, r 6\namd Act No. 19, 2021, s 130; Act No. 13, 2024, s 78\nr 6 sub No. 31, 2008, r 6\namd Act No. 29, 2018, s 49; Act No. 19, 2021, s 131\nr 7 sub No. 31, 2008, r 6\namd Act No. 29, 2018, s 50\nr 8 sub No. 31, 2008, r 6\namd Act No. 26, 2020, s 3\nr 9 sub No. 31, 2008, r 6\namd Act No. 26, 2019, s 16\nr 9AA ins No. 25, 2022, r 4\nr 9A ins No. 23, 1994, r 1\nsub No. 31, 2008, r 6\namd Act No. 26, 2020, s 3\nr 10 sub No. 31, 2008, r 7\namd Act No. 26, 2019, s 12\nr 11 sub No. 31, 2008, r 7\namd Act No. 13, 2024, s 79\nrr 12 – 13 sub Act No. 26, 2019, s 13\nr 13A ins Act No. 26, 2019, s 13\npt 3\ndiv 2A hdg ins Act No. 13, 2023, s 35\nr 14A ins Act No. 13, 2023, s 35\nsub No. 22, 2024, r 5\nr 14AB ins No. 22, 2024, r 5\nr 14B ins Act No. 13, 2023, s 35\namd No. 22, 2024, r 6\nr 14C ins Act No. 13, 2023, s 35\npt 3\ndiv 2B hdg ins Act No. 13, 2023, s 35\nr 14D ins Act No. 13, 2023, s 35\namd Act No. 34, 2023, s 245\nr 15 sub No. 31, 2008, r 8\namd Act No. 26, 2019, s 14\nsub Act No. 19, 2021, s 132\namd Act No. 25, 2025, s 112\nr 16 amd Act No. 26, 2020, s 3; Act No. 13, 2024, s 80\nr 17 amd No. 23, 1994, r 2\nsub No. 31, 2008, r 9\namd Act No. 19, 2021, s 133\nr 18 amd No. 31, 2008, r 11\nsub Act No. 29, 2018, s 51\namd Act No. 13, 2024, s 81\npt 4 hdg ins Act No. 29, 2018, s 51\nr 19 ins Act No. 29, 2018, s 51\namd Act No. 19, 2021, s 134\nrr 20 – 24 ins Act No. 29, 2018, s 51\npt 5 hdg ins Act No. 26, 2019, s 15\nr 25 ins Act No. 26, 2019, s 15\nsch amd Act No. 27, 1999, s 16; No. 2, 2002\nrep No. 31, 2008, r 10\nins Act No. 29, 2018, s 51\nsub Act No. 19, 2021, s 135\namd Act No. 13, 2024, s 82","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1992 scope. Originally focused on standard water permits and drilling licences, it has expanded to include: (1) a specific fee regime for hydraulic fracturing ($3,000/year) added in 2022; (2) complex transitional licensing schemes for existing water users in specific geographic areas (Darwin Rural and Adelaide River) added in 2023-2024; (3) dedicated licensing streams for mining and petroleum activities; (4) a comprehensive infringement notice and penalty system added in 2018; and (5) detailed evidentiary requirements including spatial imagery and water balance reports. The regulations now function as a detailed administrative code for water resource management with industry-specific carve-outs and time-limited grandfathering provisions that go well beyond basic permitting."},"complexity_factors":["Multiple overlapping permit and licence types (water investigation, interference, bore work, surface water extraction, groundwater extraction, waste discharge, drilling licences Classes 1-3, plus special transitional licences for exempt activities and mining/petroleum)","Cross-referencing with the parent Water Act 1992 (frequent references to sections 36, 41, 45, 49, 53, 57, 60, 71M, 71R, 73, 74, 92, 93, 95 etc.)","Time-bound transitional provisions with specific cutoff dates (e.g., 'before 1 August 2025' for Darwin Rural, 'within 2 years of commencement' for Adelaide River, '12 month period ending on 5 July 2016')","Nested evidentiary requirements for special licences (regulations 14B and 14D specify multiple types of acceptable evidence including spatially referenced imagery, water balance reports, pumping records)","Joint and several liability provisions for joint applicants (regulation 18) with specific conditions about service of documents and amendment of entitlements","Fee calculation rules with GST exclusions, annual instalments, and credit provisions for overlapping periods upon licence transfer (regulation 9AA)","Infringement notice system linked to external legislation (Environmental Offences and Penalties Act 1996 and Fines and Penalties (Recovery) Act 2001) with two-tier penalty structure (environmental offence levels vs penalty units)","Specific technical requirements for drilling samples (250g strata samples at 3m intervals, 1L water samples in specific container types - regulation 11)","Committee governance rules (Drillers' Qualifications Advisory Committee) with quorum requirements and composition rules (regulations 12-13A)"],"plain_english_summary":"**What this legislation does:**\n\nThese are the **Water Regulations 1992**, which operate under the Northern Territory's *Water Act 1992*. They set out the practical rules for how people and businesses can access, use, and manage water resources in the NT.\n\n**Key things covered:**\n\n*   **Permits and licences** – The regulations specify how to apply for various permissions to:\n    *   Explore for water (water investigation permits)\n    *   Interfere with waterways (like building structures in rivers)\n    *   Drill bores (bore work permits)\n    *   Extract surface water or groundwater (water extraction licences)\n    *   Discharge waste into water (waste discharge licences)\n    *   Special licences for mining and petroleum activities, including a specific **$3,000 annual fee** for hydraulic fracturing (\"fracking\") operations\n\n*   **Drilling licences** – Rules for who can drill water bores, including three classes of drilling licences, required qualifications, and what information drillers must provide to the government (including physical samples of soil and water from drilling sites)\n\n*   **Special transitional licences** – Special pathways for existing water users in specific areas (the former Darwin Rural Water Control District and Adelaide River area) to get legal licences if they were already using water commercially before certain cutoff dates\n\n*   **Infringement notices** – A system for on-the-spot fines (penalties) for breaking certain water rules, including details of how much people must pay and how they can dispute the fine\n\n*   **Administrative matters** – How to renew licences, replace lost documents, keep registers of who holds licences, and how joint applications work when multiple people own land together\n\n**Who it affects:**\n\n*   Farmers and rural landholders\n*   Mining and petroleum companies\n*   Commercial water users\n*   Licensed water drillers\n*   Anyone wanting to build structures in waterways\n*   Government agencies (the \"Controller\" and \"Agency\" who manage water)\n\n**Why it matters:**\n\nWater is scarce in the Northern Territory. These regulations ensure water is allocated fairly, used sustainably, and that the government can track who is using what. The rules prevent over-extraction, protect water quality, and ensure that industries like mining pay appropriate fees for high-impact activities like fracking. Without these regulations, there would be no clear legal pathway to access water legally."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulations have expanded and been updated since their original 1992 form. The text contains provisions added for specific activities and fees (for example, an annual $3,000 fee for groundwater licences used for petroleum activity that includes hydraulic fracturing — reg 9AA), new licence pathways and evidence rules for historical groundwater use in the former Darwin Rural and Adelaide River areas (regs 14A, 14AB, 14B, 14C), and a regulated application and infringement-notice framework (Part 4: regs 19–24). The endnotes and amendment notes in the instrument show these provisions were inserted or amended at later dates (see entries identifying r9AA ins No. 25, 2022 r 4; rr 14A–14D ins Act No. 13, 2023, s 35; and other amendment notes). These additions widen the regulatory reach to address particular activities (petroleum-related groundwater use, area-specific historic take) and add procedural enforcement tools compared with the original instrument."},"complexity_factors":["Multiple permit and licence types with distinct application and evidence requirements (regs 5–10, 14A–14D).","Detailed technical obligations for drilling reporting and sampling, including sample sizes, intervals and labelling (reg 11(2)–(4)).","Interlocking administrative procedures: approved forms, return-for-insufficiency powers, required reasons, and decision-notice timing for some licence types (reg 3(2)–(5); 14C; 14D(3)).","Cross-references to other Acts for penalty calculation and enforcement (Schedule referencing Environmental Offences and Penalties Act 1996 and Fines and Penalties (Recovery) Act 2001) (reg 19(2); reg 21(2)(c)).","Specific financial rules and credits for licence fees and publication costs (reg 5(4), 6(4), 9AA(2)–(4)).","Special transitional and area-specific exemptions and proof requirements (regs 14A, 14AB, 14B).","Joint-holder rules creating joint-and-several liability and service assumptions (reg 18(3), 18(6)).","A defined infringement-notice regime with prescribed amounts and procedural protections, increasing the regulatory enforcement pathways (regs 19–24 and Schedule)."],"plain_english_summary":"These regulations set procedural and technical rules for obtaining and managing water permits and licences under the Water Act (NT). They require approved forms and evidence, allow the Controller to require drilling samples, allocate publication costs to applicants, prescribe renewal timing, keep a public register, and provide an infringement-notice enforcement route. They affect applicants and licence‑holders (including mining/petroleum users—with a specified $3,000 pa fracking groundwater fee), drillers, and nearby landowners who may receive public notice."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, this appears to be a reprint and update of the existing 1992 Water Regulations framework rather than a fundamental change in scope. The reprint number (REPW010R1) suggests this is a consolidation or revision of established regulations, not a wholesale redirection of policy intent. No evidence from the provided text indicates the regulations have expanded or contracted significantly beyond their original purpose of governing water resource management in the Northern Territory."},"complexity_factors":["Regulations made under a parent Act (Water Act), so the full picture requires reading both documents together","The 1992 naming convention combined with a 2024 remake/reprint number creates potential confusion about which version applies and when","Delayed commencement date (September 2025) creates a gap period where the old and new rules must be carefully distinguished","Water law intersects with land rights, environmental law, and Indigenous water rights in the NT, adding contextual complexity","Limited legislative detail visible in the provided text — the actual regulatory content (fees, technical standards, licence conditions) is not shown, making full assessment difficult"],"plain_english_summary":"## Water Regulations 1992 (NT)\n\n**What is this?**\nThis is a set of regulations (rules made under a parent law) that govern the management and use of water resources in the Northern Territory. Despite carrying the name '1992', this is a 2024 remake/reprint of those regulations, updated and re-issued.\n\n**Who does this affect?**\n- Anyone who uses, diverts, or takes water in the Northern Territory (farmers, miners, businesses, Indigenous communities, households)\n- Water licence holders and applicants\n- Developers and land planners whose projects involve water usage\n- The Department of Lands, Planning and Environment, which administers these rules\n\n**What does it do?**\nThese regulations set out the practical, day-to-day rules for how the Northern Territory's water resources are accessed, licensed, managed, and protected. This typically includes things like:\n- How to apply for water licences (official permission to use water)\n- Fees and charges for water access\n- Reporting and compliance requirements for water users\n- Technical standards for water infrastructure\n\n**Key timing note:**\nAlthough the regulations were made on 30 July 2024 and published in the Government Gazette the same day, they do **not come into force until 13 September 2025** — giving affected parties over a year to prepare and comply.\n\n**Why does it matter?**\nWater is a critical and finite resource, particularly in the NT. These regulations directly control who can use water, how much, and under what conditions — affecting everything from agriculture and mining to everyday community water supply."}},"importantCases":[],"_links":{"self":"/api/acts/water-regulations-1992","history":"/api/acts/water-regulations-1992/history","analysis":"/api/acts/water-regulations-1992/analysis","conflicts":"/api/acts/water-regulations-1992/conflicts","importantCases":"/api/acts/water-regulations-1992/important-cases","documents":"/api/acts/water-regulations-1992/documents"}}