{"id":"sl-2007-22","name":"Water Resources Regulation 2007","slug":"water-resources-regulation-2007","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"22 of 2007","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173945,"registerId":"act-sl-2007-22-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Water Resources Regulation 2007","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nWater Resources Regulation 2007\nSL2007-22\nmade under the\nWater Resources Act 2007\nRepublication No 6\nEffective: 8 July 2023\nRepublication date: 8 July 2023\nLast amendment made by A2023-26\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Water Resources Regulation 2007, made under the Water Resources\nAct 2007 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial\nchanges)) as in force on 8 July 2023. It also includes any commencement, amendment, repeal or\nexpiry affecting this republished law to 8 July 2023.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR6\n08/07/23\nWater Resources Regulation 2007\nEffective: 08/07/23\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nWater Resources Regulation 2007\nmade under the\nWater Resources Act 2007\nContents\nPage\n1 Name of regulation 2\n3 Dictionary 2\n4 Notes 2\n5 Conditions of water access entitlements—Act, s 23 (1) (b) 2\n6 Exemptions from requirement for licence to take water—Act,\ns 28 (2) (e) 3\n7 Exemption from requirement for water access entitlement—reuse\nschemes—Act, s 30 (2) (a) 4\n8 Exemption from requirement for water access entitlement—transfer\nscheme—Act, s 30 (2) (a) 5\n\nContents\nPage\ncontents 2 Water Resources Regulation 2007\nEffective: 08/07/23\nR6\n08/07/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8A Exemption from requirement for water access entitlement—road\nworks, earthworks, construction or landscaping—Act, s 30 (2) (a) 6\n9 Licence to take water—where water may be taken—Act, s 32 (2) (b) 6\n10 Exemptions from requirement for bore work licence—Act, s 37 (2) 7\nDictionary 8\nEndnotes\n1 About the endnotes 9\n2 Abbreviation key 9\n3 Legislation history 10\n4 Amendment history 11\n5 Earlier republications 12\n\nR6\n08/07/23\nWater Resources Regulation 2007\nEffective: 08/07/23\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nWater Resources Regulation 2007\nmade under the\nWater Resources Act 2007\n\nSection 1\npage 2 Water Resources Regulation 2007\nEffective: 08/07/23\nR6\n08/07/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Water Resources Regulation 2007.\n3 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Conditions of water access entitlements—Act, s 23 (1) (b)\n(1) A water access entitlement is subject to the following conditions:\n(a) water to which the entitlement gives access may be taken only\nin accordance with a licence to take water that is based on the\nentitlement;\n(b) water taken under a licence based on the entitlement must not be\nused on urban residential property;\n(c) for an entitlement to water for stock or domestic use—\n(i) the water may be used only for that purpose; and\n(ii) the water may be taken only from the place stated in the\nentitlement;\n\nSection 6\nR6\n08/07/23\nWater Resources Regulation 2007\nEffective: 08/07/23\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) for an entitlement to water in the Cotter or Googong catchment\nwater management area—the water may be used only for urban\nwater supply;\n(e) for an entitlement granted under the Act, section 111 (Surviving\nallocations—surrender generally) that includes a statement\nunder section 111 (4) (e) about where the water may be taken—\nthe water may be taken only from that place.\n(2) The condition mentioned in subsection (1) (b) does not apply to—\n(a) an entitlement held by a water utility; or\n(b) an entitlement that—\n(i) was granted under the Act, section 111 (Surviving\nallocations—surrender generally) or section 202 (Water\naccess entitlement for certain existing licence holders),\nwhether or not it has been later transferred; and\n(ii) allows the water to be used on a stated urban residential\nproperty.\n6 Exemptions from requirement for licence to take water—\nAct, s 28 (2) (e)\n(1) On application, the authority may, by written notice given to a person,\nexempt the person from the requirement to hold a licence to take\nwater for any of the following:\n(a) the taking of water from hard surfaces at premises if it is to be\nused at the premises;\nExample\nrainwater that falls on the surface of a car park at premises could be collected\ninto a small pond and used to irrigate part of the premises\n(b) the taking of leachate, or run-off containing impurities, from\nlandfill if it is to be used for irrigation or other reuse on the\nlandfill to retain the impurities within the landfill;\n\nSection 7\npage 4 Water Resources Regulation 2007\nEffective: 08/07/23\nR6\n08/07/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the taking of water from a water body on land if it is to be used\nfor generating electricity for domestic use on the land and then\nreturned to the water body;\n(d) the taking of water from a sediment retention pond if a sediment\nand erosion control plan provides for the pond;\n(e) the taking of water to be used for maintenance of stormwater\ndrains or pipes;\n(f) the taking of water to be used for geothermal heating or cooling\nsystems;\n(g) the taking of water to be used for testing a bore;\n(h) the taking of surface water to be used to establish trees or shrubs\nfor non-commercial purposes on rural or public land.\n(2) The authority may give an exemption only if satisfied that giving the\nexemption will result in improved environmental outcomes or other\npublic benefit.\n(3) An exemption may be given subject to conditions.\n(4) An exemption may be given for a limited period.\n(5) An exemption takes effect on—\n(a) the date on which notice of the exemption is given to the person;\nor\n(b) if a later date is stated in the notice—that date.\n7 Exemption from requirement for water access\nentitlement—reuse schemes—Act, s 30 (2) (a)\n(1) This section applies to a person who—\n(a) has applied for a licence to take water from a particular place on\na waterway; but\n\nSection 8\nR6\n08/07/23\nWater Resources Regulation 2007\nEffective: 08/07/23\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) does not satisfy the requirement under the Act,\nsection 30 (2) (a) (i) to hold a water access entitlement, a\ncorresponding water access entitlement or a surviving allocation\non which to base the taking of water from that place.\n(2) The authority may exempt the person from the requirement if—\n(a) the person has discharged an amount of treated sewage (the\ndischarged amount) into the waterway at a point upstream of\nthe place; and\n(b) the amount of water to be taken under the licence is not more\nthan the discharged amount (less any part of the discharged\namount in relation to which an exemption has already been\ngiven under this section).\n(3) The authority may give the exemption only if satisfied that—\n(a) the treated sewage was discharged into the waterway as part of\na reuse scheme; and\n(b) giving the exemption would result in reduced demand on urban\nwater supply or other improved environmental outcomes.\n8 Exemption from requirement for water access\nentitlement—transfer scheme—Act, s 30 (2) (a)\nA utility is exempt from the requirement mentioned in the Act, section\n30 (2) (a) (i) in relation to water to be taken from the Cotter water\nmanagement area if the water is to be transferred to the Googong\nwater management area.\n\nSection 8A\npage 6 Water Resources Regulation 2007\nEffective: 08/07/23\nR6\n08/07/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8A Exemption from requirement for water access\nentitlement—road works, earthworks, construction or\nlandscaping—Act, s 30 (2) (a)\n(1) The authority may exempt a person from the requirement mentioned\nin the Act, section 30 (2) (a) (i) in relation to surface water if the water\nis to be used for—\n(a) road works, earthworks or other construction; or\n(b) landscaping.\nExamples—landscaping\n1 establishing new plants along a street\n2 establishing vegetation, including an erosion control blanket to stabilise\nthe terrain, where road works or earthworks have been completed\n(2) The authority may give the exemption only if satisfied that giving the\nexemption will result in improved environmental outcomes or other\npublic benefit.\n9 Licence to take water—where water may be taken—\nAct, s 32 (2) (b)\nThe following water management areas are prescribed:\n(a) Gudgenby;\n(b) Naas;\n(c) Paddys;\n(d) Upper Murrumbidgee;\n(e) Lower Murrumbidgee;\n(f) Upper Molonglo catchment.\n\nSection 10\nR6\n08/07/23\nWater Resources Regulation 2007\nEffective: 08/07/23\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Exemptions from requirement for bore work licence—\nAct, s 37 (2)\nA bore work licence is not required for bore work in relation to any\nof the following:\n(a) a trench for the laying of pipes, cables or other equipment in\nrelation to the supply of water, gas, electricity or\ntelecommunications or the provision of sewerage or drainage;\n(b) a drain that is under the control of the Territory or the\nCommonwealth;\n(c) an excavation or land modifications in relation to a building,\nland development or a swimming pool;\n(d) an excavation for engineering or survey purposes if the\nexcavation is less than 15m deep;\n(e) an excavation for a toilet;\n(f) an excavation, not deeper than 15m, for the installation of\ncathodic protection anodes or the measurement of water\npressure;\n(g) a bore drilled not deeper than the watertable nearest the surface\nto obtain samples of water, or other material, for scientific\nresearch;\n(h) a bore comprising an excavation, not deeper than 3m, for\nconducting an underground test or extracting material for\ntesting.\n\nDictionary\npage 8 Water Resources Regulation 2007\nEffective: 08/07/23\nR6\n08/07/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• in relation to\n• under.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Water Resources Act 2007 (see Legislation Act, s 148). For example,\nthe following terms are defined in the Water Resources Act 2007, dict:\n• aquifer\n• authority\n• corresponding water access entitlement\n• licence\n• licence to take water\n• stock or domestic use\n• surviving allocation\n• take water\n• urban residential property\n• urban water supply\n• water access entitlement\n• water management areas\n• water utility\n• waterway.\nsediment and erosion control plan means a sediment and erosion\ncontrol plan—\n(a) required under an environmental protection agreement made\nunder the Environment Protection Act 1997, part 7; and\n(b) approved by the authority.\nwater body includes a waterway and an aquifer.\n\nEndnotes\nAbout the endnotes 1\nR6\n08/07/23\nWater Resources Regulation 2007\nEffective: 08/07/23\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 10 Water Resources Regulation 2007\nEffective: 08/07/23\nR6\n08/07/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nWater Resources Regulation 2007 SL2007-22\nnotified LR 31 July 2007\ns 1, s 2 commenced 31 July 2007 (LA s 75 (1))\nremainder commenced 1 August 2007 (s 2 and see Water Resources\nAct 2007 A2007-19, s 2 and CN2007-8)\nas amended by\nWater Resources Amendment Act 2010 A2010-31 sch 1 pt 1.2\nnotified LR 1 September 2010\ns 1, s 2 commenced 1 September 2010 (LA s 75 (1))\nsch 1 pt 1.2 commenced 18 October 2010 (s 2 and CN2010-10)\nWater Resources Amendment Act 2013 A2013-27 sch 1 pt 1.2\nnotified LR 21 August 2013\ns 1, s 2 commenced 21 August 2013 (LA s 75 (1))\nsch 1 pt 1.2 commenced 22 August 2013 (s 2)\nWater Resources (Catchment Management Coordination Group)\nAmendment Act 2015 A2015-25 pt 3\nnotified LR 18 August 2015\ns 1, s 2 commenced 18 August 2015 (LA s 75 (1))\npt 3 commenced 19 August 2015 (s 2)\nPlanning, Building and Environment Legislation Amendment\nAct 2017 (No 2) A2017-20 pt 12\nnotified LR 15 June 2017\ns 1, s 2 commenced 15 June 2017 (LA s 75 (1))\npt 12 commenced 16 June 2017 (s 2)\nWater Resources Amendment Act 2023 A2023-26 sch 1 pt 1.4\nnotified LR 7 July 2023\ns 1, s 2 commenced 7 July 2023 (LA s 75 (1))\nsch 1 pt 1.4 commenced 8 July 2023 (s 2)\n\nEndnotes\nAmendment history 4\nR6\n08/07/23\nWater Resources Regulation 2007\nEffective: 08/07/23\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nExemptions from requirement for licence to take water—Act, s 28 (2) (e)\ns 6 hdg sub A2010-31 amdt 1.2\ns 6 am A2013-27 amdt 1.2; pars renum R3 LA\nExemption from requirement for water access entitlement—road works,\nearthworks, construction or landscaping—Act, s 30 (2) (a)\ns 8A ins A2013-27 amdt 1.3\nExemptions from requirement for bore work licence—Act, s 37 (2)\ns 10 hdg sub A2010-31 amdt 1.3\nCoordination group applicable legislation—Act, s 67E (1) (b)\ns 10A ins A2017-20 s 24\nom A2023-26 amdt 1.6\nMembership of coordination group—Act, s 67E (1) (h)\ns 11 ins A2015-25 s 7\nam A2017-20 s 25, s 26\nom A2023-26 amdt 1.6\n\nEndnotes\n5 Earlier republications\npage 12 Water Resources Regulation 2007\nEffective: 08/07/23\nR6\n08/07/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n1 Aug 2007\n1 Aug 2007–\n17 Oct 2010\nnot amended new regulation\nR2\n18 Oct 2010\n18 Oct 2010–\n21 Aug 2013\nA2010-31 amendments by\nA2010-31\nR3\n22 Aug 2013\n22 Aug 2013–\n18 Aug 2015\nA2013-27 amendments by\nA2013-27\nR4\n19 Aug 2015\n19 Aug 2015–\n15 June 2017\nA2015-25 amendments by\nA2015-25\nR5\n16 June 2017\n16 June 2017–\n7 July 2023\nA2017-20 amendments by\nA2017-20\n© Australian Capital Territory 2023","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Since first made in 2007 the regulation has expanded from a basic set of procedural and definitional rules to include multiple targeted exemptions and operational exceptions that broaden the day‑to‑day activities that can lawfully occur without a licence or water access entitlement. Notable scope additions include: the 2010–2013 era amendments introducing/expanding exemptions (section 6 amendments and insertion of section 8A in 2013 for road works/landscaping), reuse and transfer scheme exemptions (sections 7 and 8), and a broadened list of bore work exemptions (section 10). Some provisions relating to coordination groups were also inserted in later amendments and subsequently removed by the 2023 amendment. Overall, the regulation has moved beyond simple administrative detail to authorise a range of operational exceptions that meaningfully affect who may take water, when, and under what conditions (see sections 6–8A, 10)."},"complexity_factors":["Short regulation (10 substantive sections) but numerous cross‑references to the Water Resources Act 2007 and the Legislation Act 2001 (affects interpretation).","Several discretionary exemption powers requiring the regulator to be “satisfied” of environmental or public benefit (sections 6(2), 7(3), 8A(2)) — introduces subjective assessment.","Multiple conditional and time‑limited exemptions with application/notice mechanics (sections 6(1), 6(3)–(5), 7(2), 7(3), 8A(1)–(2)).","A set of discrete exceptions for bore work with 8 sub‑items of varying thresholds and purposes (section 10(a)–(h)).","Dictionary cross‑links to many defined terms in the principal Act; interpretation depends on those external definitions (dictionary and notes).","Amendment history shows inserted and omitted provisions over time (adds complexity for historical comparison and statutory evolution)."],"plain_english_summary":"**What this regulation does (mechanics first)**\n\n- Sets conditions that attach to water access entitlements (who may take the water, how it may be used, and where it may be taken from) (see section 5).\n- Lists circumstances where a person can be exempted from needing a licence to take water (for example, collecting rain off hard surfaces, taking sediment pond water where a sediment and erosion control plan applies, testing bores, using surface water to establish non‑commercial trees) and allows the regulator (the authority) to grant these exemptions on application and subject to conditions (see section 6).\n- Allows, in limited circumstances, exemptions from the requirement to hold a water access entitlement before taking water. Those circumstances include: reuse schemes where treated sewage is discharged upstream and the amount taken does not exceed the discharged amount (section 7); specified transfers by a utility from the Cotter to Googong water management area (section 8); and temporary uses of surface water for road works, earthworks, construction or landscaping (section 8A). Exemptions are discretionary and may be conditional or time‑limited.\n- Prescribes particular water management areas where a licence to take water may allow taking (Gudgenby, Naas, Paddys, Upper Murrumbidgee, Lower Murrumbidgee, Upper Molonglo catchment) (section 9).\n- Lists specific small categories of bore work that do not require a bore work licence (for example trenches for utility lines, certain shallow excavations for surveys or toilets, short bore sampling for research) (section 10).\n- Includes a short dictionary clarifying terms used in the regulation and adopts defined terms from the Water Resources Act 2007 (dictionary).\n\n**Who this affects**\n\n- Individuals, businesses and utilities that hold, seek, or rely on water access entitlements or licences to take water.\n- Property developers, road and construction contractors, landscapers and land managers who undertake earthworks, construction or landscaping that may involve taking surface water or bore work.\n- Water utilities that move water between catchment areas (specific exemption at section 8).\n- The regulatory authority that decides whether to grant exemptions, and which may impose conditions and time limits on those exemptions.\n\n**Why it matters (official rationale and practical implications)**\n\nOfficially, the regulation enables targeted flexibility in how the water licensing and entitlement rules operate. For example, it: \n\n- Facilitates reuse of treated sewage where taking water downstream of a discharge can be matched to the discharged volume (section 7) — the stated policy objective is to reduce demand on urban water supply or otherwise deliver environmental benefit (section 7(3));\n- Reduces administrative burden or enables operational activity in low‑risk situations by creating narrow licence and entitlement exemptions for specific activities (sections 6, 8A, 10);\n- Identifies where licences can authorise taking within named water management areas (section 9).\n\nTest of those claims against implementation features and trade‑offs:\n\n- Who decides: the authority (the regulator) has discretion to grant exemptions and to set conditions and time limits (see sections 6(1), 6(3)–(5), 7(2), 7(3), 8A(1)–(2)). That discretion concentrates decision power in the regulator rather than setting automatic exemptions.\n\n- Compliance burden and private costs: where an exemption applies, applicants (individuals, businesses, or utilities) avoid the need to hold a licence or entitlement, lowering upfront compliance costs. But most exemptions are available only on application and can carry conditions, so there is an administrative cost and ongoing compliance obligation for the applicant (see sections 6(1), 6(3), 6(4)).\n\n- Environmental and monitoring trade‑offs: the regulation requires the authority to be satisfied an exemption will deliver improved environmental outcomes or public benefit before granting it (sections 6(2), 7(3), 8A(2)). This provides a statutory risk‑filter, but it relies on the authority’s assessment and any monitoring/enforcement to ensure outcomes are actually delivered — creating potential implementation and enforcement costs for the regulator.\n\n- Effects on private enterprise and incentives: exemptions can lower operating costs for developers, utilities and landholders doing small‑scale works or reusing water. The transfer exemption for a utility (section 8) explicitly benefits a utility moving water between two catchments. Those are direct, concentrated benefits to particular actors; broader water users may experience indirect effects (for instance, reuse schemes reducing demand on urban supply, as the regulation anticipates at section 7(3)).\n\n- Substitution effects and unintended consequences: by allowing surface water use for construction/landscaping or reuse of treated sewage, the regulation can cause substitution away from mains water. That may reduce urban supply demand (the stated aim in some provisions) but could also shift responsibility for water quality and local environmental impacts onto the party taking the water — depending on conditions attached by the authority.\n\n- Opportunity costs: granting exemptions reduces licence revenue or control that would otherwise flow from universal licensing; it transfers some regulatory oversight into conditional exemptions and post‑grant compliance monitoring.\n\n- Legal clarity and predictability: the regulation lists specific permitted exemptions and prescribed areas (sections 6–10), which aids predictability, but many exemptions are discretionary and fact‑dependent, so applicants face uncertainty about outcomes.\n\n**Key sections to look at**\n\n- Conditions attaching to water access entitlements: section 5.\n- Exemptions from requirement to hold a licence to take water: section 6.\n- Exemptions from requirement to hold a water access entitlement for reuse schemes and transfer schemes: sections 7 and 8 (and the road/landscaping exemption at section 8A).\n- Prescribed water management areas for licences: section 9.\n- Exemptions from bore work licence: section 10.\n- Dictionary: definitions and cross‑references to the Water Resources Act 2007.\n\n**Practical takeaway**\n\n- If you take or plan to take water in the ACT for any of the listed low‑risk activities (construction, certain sampling, reuse of treated sewage, minor landscaping, etc.), you may not need the usual licence or entitlement — but you generally must apply for an exemption and satisfy the authority that the exemption produces environmental or public benefit (see sections 6, 7, 8A).\n- Utilities moving water between the Cotter and Googong areas have a specific, statutory exemption for the entitlement requirement (section 8).\n- Developers and contractors doing short, shallow excavations or work for utilities should check the bore work licence exemptions to confirm whether a licence is required (section 10)."},"issue_detection":{"absurdities":[],"contradictions":[]},"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 tightly focused on its original purpose of operationalising the Water Resources Act 2007. The 2023 amendments removed provisions related to the Catchment Management Coordination Group (sections 10A and 11), actually narrowing the scope rather than expanding it. The core content—licensing exemptions, conditions on entitlements, and bore work rules—has remained consistent since 2007, with only minor additions like the 2013 landscaping exemption (section 8A) that fit within the original regulatory framework."},"complexity_factors":["Short length: Only 10 substantive sections plus a dictionary","Minimal defined terms: Only 2 unique terms defined in the regulation itself ('sediment and erosion control plan' and 'water body'), with most definitions imported from the parent Water Resources Act 2007","Simple structure: Linear progression through discrete topics (conditions, exemptions, prescribed areas) without nested numbering or complex cross-referencing","Clear conditional logic: Exemptions follow a simple pattern of 'authority may exempt if satisfied that...' without multiple layers of exceptions","Limited cross-references: References to the parent Act are straightforward (e.g., 'Act, s 28 (2) (e)') and serve only to establish legislative authority rather than create interdependent provisions","No delegated legislation: No provisions empowering further subordinate instruments or regulations"],"plain_english_summary":"This regulation fleshes out the Water Resources Act 2007 by setting detailed rules on who may take water in the ACT, when licences are required, and what conditions apply. It limits some uses of water access entitlements (e.g., residential use), lists targeted licensing exemptions (rainwater capture, reuse schemes, certain construction and minor bore works), and designates specific water management areas.\n\nIt affects farmers, water utilities, developers, recycling businesses and anyone drilling or excavating — balancing resource protection with streamlined, environmentally conditioned exemptions."}},"importantCases":[],"_links":{"self":"/api/acts/water-resources-regulation-2007","history":"/api/acts/water-resources-regulation-2007/history","analysis":"/api/acts/water-resources-regulation-2007/analysis","conflicts":"/api/acts/water-resources-regulation-2007/conflicts","importantCases":"/api/acts/water-resources-regulation-2007/important-cases","documents":"/api/acts/water-resources-regulation-2007/documents"}}